5 AAC — Fish and Game

Part 1 Commercial and Subsistence Fishing and Private Nonprofit Salmon and Shellfish Hatcheries

Chapter 01 Subsistence Finfish Fishery

Article 1 Statewide Provisions

5 AAC 01.001 Application of this chapter {#sec-5-aac-01.001 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.001}

Regulations in this chapter apply to subsistence fishing for salmon, herring, bottomfish, smelt, halibut and other types of finfish or their parts, and aquatic plants. The descriptions of legal types of gear (5 AAC 39.105), the definitions (5 AAC 39.975) and the abbreviations and symbols (5 AAC 39.997) set forth and defined in 5 AAC 39 are applicable to the regulations in this chapter.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.005 Subsistence fishing permitted {#sec-5-aac-01.005 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.005}

Finfish other than salmon, rainbow trout, and steelhead trout may be taken for subsistence purposes at any time in any area of the state by any method unless restricted by the subsistence fishing regulations in this chapter. Salmon may be taken for subsistence purposes only as provided in this chapter.

History

Authority: AS 16.05.251; AS 16.05.258; AS 16.05.920

5 AAC 01.010 Methods, means, and general provisions {#sec-5-aac-01.010 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.010}

(a) Unless otherwise provided in this chapter, the following are legal types of gear for subsistence fishing:

(1) gear specified in 5 AAC 39.105;

(2) jigging gear, which consists of a line or lines with lures or baited hooks that are operated during periods of ice cover from holes cut in the ice, or from shore ice referred to in 5 AAC 01.220(i), and which are drawn through the water by hand;

(3) a spear which is a shaft with a sharp point or fork-like implement attached to one end, used to thrust through the water to impale or retrieve fish and which is operated by hand;

(4) a lead which is a length of net employed for guiding fish into a seine or a length of net or fencing employed for guiding fish into a fish wheel, fyke net or dip net.

(b) Finfish may be taken for subsistence purposes only by Alaskan residents.

(c) Gillnets used for subsistence fishing for salmon may not exceed 50 fathoms in length, unless otherwise specified by the regulations in particular areas set forth in this chapter.

(d) Unless otherwise specified in this chapter, it is unlawful to buy or sell subsistence-taken fish, their parts, or their eggs, except that it is lawful to buy or sell a handicraft made out of the skin or nonedible by-products of fish taken for personal or family consumption.

(e) Fishing for, taking or molesting any fish by any means, or for any purpose, is prohibited within 300 feet of any dam, fish ladder, weir, culvert or other artificial obstruction.

(f) The use of explosives and chemicals is prohibited.

(g) Subsistence fishing by the use of a hook and line attached to a rod or pole is prohibited, unless otherwise provided in this chapter.

(h) A subsistence fisherman shall plainly and legibly inscribe that person's first initial, last name, and address on that person's fish wheel, keg or buoy attached to a gillnet, and other unattended subsistence fishing gear.

(i) All pots used for subsistence fishing must comply with the escape mechanism requirements in 5 AAC 39.145.

(j) Persons licensed under AS 43.75.011 to engage in a fisheries business may not receive for commercial purposes or barter or solicit to barter for subsistence taken salmon or their parts. Further restrictions on the bartering of subsistence taken salmon or their parts may be implemented by emergency order for a specific time or area if circumvention of management programs is occurring because of illegal bartering activities.

(k) The gillnet web in a gillnet used for subsistence fishing for salmon must contain

(1) at least 30 filaments, each of which must be of equal diameter; or

(2) at least six filaments, each of which must be at least 0.20 millimeters in diameter.

(l) Repealed 5/15/93.

(m) Salmon taken for subsistence use or under subsistence fishing regulations may not be subsequently used as bait for commercial fishing purposes.

(n) The use of live nonindigenous fish as bait is prohibited;

(o) Fish taken and retained for subsistence shall be salvaged for subsistence uses;

(1) in this section, "salvage" means to transport fish to a location where the fish will be processed or preserved for subsistence uses before the fish become spoiled or otherwise unusable for subsistence;

(2) it is a defense to a charge that the failure to salvage the fish was due to circumstances beyond the control of the person charged, including:

(A) theft of the fish;

(B) unanticipated weather conditions or other acts of God;

(p) Subsistence fishing guide services are prohibited.

(q) For the purposes of this subsection, "subsistence fishing guide services" means to provide assistance for compensation, or with the intent to receive compensation, to a subsistence fisherman to take or to attempt to take fish by accompanying or physically directing the fisherman in subsistence fishing activities during any part of a subsistence fishing trip.

(r) In this section, "compensation"

(1) means direct or indirect payment, remuneration, or other benefits received in return for services, regardless of the source; in this paragraph, "benefits" includes

(A) wages or other employment benefits given directly or indirectly to an individual or organization; and

(B) dues, payments, fees, or other remuneration given directly or indirectly to a fishing club, business, organization, or individual who provides subsistence fishing guide services;

(2) does not include reimbursement for the actual daily expenses for fuel, food, or bait.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.011 Subsistence fishing by proxy {#sec-5-aac-01.011 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.011}

(a) Finfish may be taken by subsistence fishing by proxy only as provided in AS 16.05.405 and in this section.

(b) Any species of finfish, except halibut, that may be taken by subsistence fishing under this chapter may be taken by subsistence fishing by proxy.

(c) Before a proxy may take, attempt to take, or transport finfish taken under this section, on behalf of a beneficiary, the proxy or the beneficiary shall obtain and complete a proxy fishing information form available from the department. The proxy or the beneficiary shall take or mail the completed form to any ADF&G office for validation. The department shall return the validated form and retain a copy for the department's records. In addition to the requirements of AS 16.05.405(c), the proxy must have in possession a validated proxy fishing information form when taking, attempting to take, or transporting finfish taken under this section, on behalf of a beneficiary. A subsistence fishing permit issued by the department may be substituted for the proxy fishing information form if the information requested on the subsistence fishing permit is the same as the information requested on the proxy fishing information form.

(d) As provided in AS 16.05.405, a proxy who takes or attempts to take finfish by subsistence fishing on behalf of a beneficiary may, at the same time, fish for the proxy's own use, except that the proxy

(1) may not take more than twice the bag limit, and may not possess more than twice the possession limit, of a species, as established in this chapter, for the waters in which the fishing occurs; and

(2) may not fish with more than one legal limit of gear, as established in this chapter.

(e) A beneficiary may not authorize more than one proxy to take or attempt to take finfish on the beneficiary's behalf at one time. A beneficiary may not personally take or attempt to take finfish at the same time that a proxy is taking or attempting to take finfish on the beneficiary's behalf.

(f) A person may not give or receive remuneration in order to obtain, grant, or influence the granting of an authorization to take or attempt to take finfish by proxy on behalf of a beneficiary.

(g) In this section,

(1) "beneficiary" means a resident

(A) who is blind, is a person with physical or developmental disabilities as defined in AS 16.05.940, or is 65 years of age or older;

(B) on whose behalf finfish are to be taken or attempted to be taken under AS 16.05.405;

(2) "proxy" means a resident who holds a valid resident sport fishing license and who wishes to take or attempt to take finfish on behalf of a beneficiary under AS 16.05.405;

(3) "fishing site" means the location where the finfish is removed from the water and becomes part of the beneficiary's specified limit.

(h) A proxy fishing information form is valid for the remainder of the calendar year during which it is issued, unless the beneficiary specifies an earlier ending date on the proxy fishing information form.

(i) Before concealing the finfish from plain view or transporting the finfish from the fishing site, a proxy must record on the proxy fishing information form, or a subsistence permit if allowed under (c) of this section, the date, location (body of water fished), species, approximate weight, and number of the finfish taken by the proxy on behalf of a beneficiary.

(j) Within 30 days after taking finfish for a beneficiary under this section, a proxy must personally deliver the finfish to the beneficiary.

History

Authority: Sec. 1, ch. 81,AS 16.05.258; AS 16.05.405 SLA 1992AS 16.05.370 AS 16.05.251; AS 16.05.403
Eff. 7/3/94, Register 130; am 6/15/95, Register 134; am 5/26/2006, Register 178; am 8/8/2007, Register 183; am 9/19/2019, Register 231; am 9/24/2021, Register 239

5 AAC 01.015 Subsistence fishing permits and reports {#sec-5-aac-01.015 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.015}

(a) Salmon may be taken only under the authority of a subsistence fishing permit issued by the commissioner, unless a permit is specifically not required in a particular area by the subsistence regulations in this chapter, or unless the fisherman is retaining salmon from the fisherman's commercial catch consistent with 5 AAC 39.010.

(b) If a subsistence fishing permit is required by this chapter, the following permit conditions apply unless otherwise specified by the subsistence fishing regulations in this chapter:

(1) the numbers of fish taken for subsistence use may not exceed the limits set out in the permit;

(2) permits must be obtained from the department before subsistence fishing;

(3) permits must be retained in the possession of the permittee and be readily available for inspection while taking fish; a person who transports subsistence-taken fish shall have a subsistence fishing permit in that person's possession;

(4) the permit may designate the species and numbers of fish to be harvested, time and area of fishing, the type and amount of fishing gear and other conditions necessary for management or conservation purposes;

(5) if specified on the permit, each subsistence fisherman shall keep accurate daily records of the catch involved, showing the number of fish taken by species, location and date of the catch and such other information as the department may require for management or conservation purposes;

(6) subsistence fishing reports must be submitted to the department for each particular area and fishery;

(7) if applicable, the total annual possession limit for the permittee must be entered on each permit by the local representative of the department issuing the permit; if applicable, the local representative of the department issuing the permit shall require from an applicant documented proof of residency, income or other criteria required by regulation, or in absence of such documentation, a signed affidavit setting forth duration of residency, income, or other criteria required by regulation, to determine the applicable annual possession limit and residency of the applicant;

(8) repealed 5/31/98.

(c) If the return of catch information necessary for management and conservation purposes is required by a subsistence fishing permit, a permittee who fails to comply with such reporting requirements is ineligible to receive a subsistence permit for that activity during the following calendar year, unless the permit applicant demonstrates to the department that failure to report was due to loss in the mail, accident, sickness or other unavoidable circumstances.

(d) Repealed 4/2/88.

(e) Repealed 5/31/98.

(f) Repealed 5/31/98.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.020 Subsistence fishing by commercial fishermen {#sec-5-aac-01.020 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.020}

(a) Repealed 5/15/93.

(b) No person, when participating in a commercial and a subsistence fishery at the same time, may use an amount of combined commercial and subsistence fishing gear in excess of that allowed under the appropriate commercial fishing regulations.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.021 Retention of fish taken in commercial fisheries {#sec-5-aac-01.021 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.021}

Repealed.

History

Eff. 5/15/93, Register 126; repealed 3/13/2004, Register 169

5 AAC 01.030 Unlawful possession of subsistence finfish {#sec-5-aac-01.030 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.030}

(a) No person may possess, transport or place into the possession of another person's subsistence-taken fish or their parts which the person has taken contrary to state law or regulation.

(b) No person may possess or transport raw or unprocessed subsistence-taken fish or their parts if the items have been received from a person who took, possessed or transported the items contrary to state law or regulation and if the person receiving the items knows, has reason to know or should have reason to know that the items were taken, possessed or transported contrary to state law or regulation.

(c) No person may possess or transport raw or unprocessed subsistence-taken fish or their parts that the person knows were taken, possessed or transported contrary to state law or regulation.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.040 Policy on closures due to illegal fishing {#sec-5-aac-01.040 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.040}

(a) Some fisheries have had a documented history of illegal commercial fishing dating back to 1968. Enforcement efforts by the Department of Public Safety have been largely ineffective in controlling this recurring problem on a long-term basis. The board recognizes the difficulty of enforcement in some areas of the state and although the current regulations are sufficient to protect fish stocks, they may be ineffective due to special enforcement problems.

(b) In the interest of the conservation of valuable renewable fish resources, the Board of Fisheries directs the commissioner, or his authorized designee, to take the following actions given the specified circumstances. If illegal fishing activities develop to the point that regulations pertaining to protection of fish stocks become ineffective, the commissioner shall consider closing the affected fishery by emergency order for a period of up to one week. When the fishery reopens and illegal fishing continues to be a problem, the appropriate fishery may be closed for an additional period of time. Continued violations may result in additional closures of the fishery.

History

Authority: AS 16.05.060; AS 16.05.251; AS 16.05.258

Article 2 Arctic-Kotzebue Area

5 AAC 01.100 Description of the Arctic-Kotzebue Area {#sec-5-aac-01.100 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.100}

The Arctic-Kotzebue Area includes all waters of Alaska north of the latitude of the westernmost tip of Cape Prince of Wales and west of 141° W. long., including those waters draining into the Chukchi Sea and the Arctic Ocean.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.105 Description of districts and subdistricts {#sec-5-aac-01.105 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.105}

Districts and subdistricts are as described in 5 AAC 03.200.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.110 Fishing seasons and weekly fishing periods {#sec-5-aac-01.110 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.110}

In the Arctic-Kotzebue Area, fish may be taken at any time except that, during the weekly fishing closures of the commercial salmon fishing season in the Kotzebue District, commercial fishermen may not fish for subsistence purposes.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.120 Lawful gear and gear specifications {#sec-5-aac-01.120 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.120}

(a) Salmon may be taken only by gillnets, beach seines, or, as specified in (f) of this section, by a hook and line attached to a rod or pole.

(b) Fish other than salmon may be taken by set gillnet, drift gillnet, beach seine, fish wheel, pot, longline, fyke net, dip net, jigging gear, spear, and lead, or, as specified in (f) of this section, by a hook and line attached to a rod or a pole.

(c) A gillnet may not obstruct more than one-half the width of any fish stream and any channel or side channel of a fish stream. A stationary fishing device may not obstruct more than one-half the width of any salmon stream and any channel or side channel of a salmon stream.

(d) In the Kotzebue District, kegs or buoys attached to subsistence gillnets may be any color except red.

(e) In the Kotzebue District, gillnets used to take sheefish may not be more than 50 fathoms in aggregate length nor 12 meshes in depth, nor have a mesh size larger than seven inches.

(f) A person may use a hook and line attached to a rod or a pole when subsistence fishing only

(1) in the state waters of, and all flowing waters that drain into, the Chukchi Sea or Kotzebue Sound from Point Hope to Cape Prince of Wales; or

(2) through the ice.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.121 Identification of gear {#sec-5-aac-01.121 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.121}

In addition to the requirements of 5 AAC 01.010(h),

(1) each fish wheel must have the first initial, last name and address of the operator plainly and legibly inscribed on the side of the fish wheel facing midstream of the river;

(2) for all gillnets and unattended gear that are fished under the ice, the first initial, last name and address of the operator must be plainly and legibly inscribed on a stake inserted in the ice and attached to the gear.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.122 Limitations on subsistence fishing gear {#sec-5-aac-01.122 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.122}

(a) Except when fishing through the ice or when a subsistence fishing permit is required, for subsistence fishing in the state waters of, and all flowing waters that drain into, the Chukchi Sea or Kotzebue Sound from Point Hope to Cape Prince of Wales with a hook and line attached to a rod or a pole, the following provisions apply:

(1) the methods and means specified in 5 AAC 70.011 and 5 AAC 70.030;

(2) the bag and possession limits, by species, specified in 5 AAC 70.011.

(b) A person may not take a bag and possession limit under this section and a subsistence harvest permit on the same day.

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 6/17/2001, Register 158; am 5/19/2004, Register 170; am 5/22/2016, Register 218

5 AAC 01.125 Waters closed to subsistence fishing {#sec-5-aac-01.125 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.125}

In Subdistrict 1 of the Kotzebue District, marine waters from ADF&G regulatory markers located at the Weather Service Dome south of the airport runway to the NANA building, extending one mile offshore into Kotzebue Sound perpendicular to the beach are closed.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.130 Subsistence fishing permits {#sec-5-aac-01.130 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.130}

Fish may be taken for subsistence purposes without a subsistence fishing permit.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.135 Limitations on participation in subsistence finfish fisheries {#sec-5-aac-01.135 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.135}

Repealed 5/15/93.

5 AAC 01.136 Customary and traditional subsistence uses of fish stocks {#sec-5-aac-01.136 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.136}

The Alaska Board of Fisheries (board) finds that the following fish stocks are customarily and traditionally taken or used for subsistence:

(1) herring and herring roe along the coast between Cape Prince of Wales and Point Hope; and

(2) salmon, sheefish, char, and all other finfish in the salt waters and fresh waters of the Arctic-Kotzebue Area, except as specified in (1) of this section in the Kotzebue District.

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 5/15/93, Register 126; am 6/10/98, Register 146; am 7/13/2012, Register 203

Article 3 Norton Sound-Port Clarence Area

5 AAC 01.150 Description of Norton Sound-Port Clarence Area {#sec-5-aac-01.150 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.150}

The Norton Sound-Port Clarence Area includes all waters of Alaska between the latitude of the westernmost tip of Cape Prince of Wales and a line extending 315° northwest from Point Romanof at 63° 12.16' N. lat., 162° 49.72' W. long. to a point three nautical miles offshore at 63° 14.27' N. lat., 162° 54.40' W. long., including the waters of Alaska surrounding St. Lawrence Island and those waters draining into the Bering Sea.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.155 Description of districts and subdistricts {#sec-5-aac-01.155 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.155}

Districts and subdistricts are as described in 5 AAC 04.200.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.160 Fishing seasons and periods {#sec-5-aac-01.160 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.160}

(a) In the Port Clarence District, fish may be taken at any time, except as specified by emergency order.

(b) In the Norton Sound District, fish may be taken at any time except as follows:

(1) in Subdistrict 1,

(A) in fresh water, from June 15 through August 31, set gillnets may be used to take salmon only from 6:00 p.m. Wednesday until 6:00 p.m. Monday;

(B) in marine waters, west of Cape Nome, unless modified by emergency order to ensure reasonable opportunity for subsistence uses of available surpluses of salmon, from June 15 through August 15, set gillnets may be used to take salmon from 6:00 p.m. Wednesday until 6:00 p.m. Monday;

(i) all rivers and streams separated from marine waters at the mouth of rivers and streams by a line drawn between the seaward extremities of the exposed tideland banks at the present stage of the tide;

(ii) the waters of Safety Sound; and

(iii) the waters of Bonanza Channel;

(2) in Subdistricts 2 - 6, commercial fishermen may not fish for subsistence purposes during the weekly closures of the commercial salmon fishing season, except that from July 15 through August 1, commercial fishermen may take salmon for subsistence purposes seven days per week in the Unalakleet and Shaktoolik River drainages with gillnets which have a mesh size that does not exceed four and one-half inches, and with beach seines;

(3) in the Unalakleet River from June 15 through July 15, salmon may be taken only during periods established by emergency order from 8:00 a.m. Monday until 8:00 p.m. Tuesday and from 8:00 a.m. Friday until 8:00 p.m. Saturday;

(4) in Subdistricts 1 - 3, salmon other than chum salmon may be taken by beach seine during periods established by emergency order;

(5) in Subdistrict 1, salmon other than pink salmon may be taken by beach seine during periods established by emergency order;

(6) notwithstanding the provisions of (2) and (3) of this subsection, in Subdistricts 5 and 6, salmon other than king salmon may be taken from July 1 through August 10 by beach seine with a mesh size no larger than four and one-half inches; all king salmon caught must be returned immediately to the water alive; if the commissioner determines that it is necessary for the conservation of king salmon, the commissioner may, by emergency order, close the season and immediately reopen the season during which the fishing time, area, and beach seine mesh size may be adjusted; and

(7) in the marine waters of Subdistricts 5 and 6, from June 15 through July 15, salmon may be taken only during fishing periods established by emergency order from 6:00 p.m. Monday until 6:00 p.m. Wednesday and from 6:00 p.m. Thursday until 6:00 p.m. Saturday.

History

Authority: AS 16.05.060; AS 16.05.251; AS 16.05.258

5 AAC 01.170 Lawful gear and gear specifications {#sec-5-aac-01.170 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.170}

(a) Salmon may be taken only by

(1) gillnet;

(2) beach seine;

(3) fish wheel;

(4) a hook and line attached to a rod or pole, as specified in (h) of this section;

(5) dip net and cast net; during times when the commissioner determines that it is necessary for the conservation of specific salmon species, the commissioner may, by emergency order, close the season and immediately reopen the season during which specific salmon species caught with a dip net and cast net must be returned immediately to the water alive.

(b) Fish other than salmon may be taken only by set gillnet, drift gillnet, beach seine, fish wheel, pot, longline, fyke net, dip net, cast net, jigging gear, spear, and lead, or, as specified in (h) of this section, by a hook and line attached to a rod or pole.

(d) In the Norton Sound District, kegs or buoys attached to subsistence gillnets may be any color except red.

(e) In Subdistrict 1, only set gillnets may be used, except that beach seines may also be used only during subsistence set gillnet openings from June 15 through August 15.

(f) In Subdistrict 1, no person may operate in the aggregate more than

(1) 50 feet of gillnet in fresh water as described in 5 AAC 01.160(b)(1)(C); and

(2) 300 feet of gillnet in marine waters.

(g) In the Unalakleet River from June 1 through July 15, no person may operate more than 25 fathoms of gillnet in the aggregate and no person may operate an unanchored fishing net.

(h) A person may use a hook and line attached to a rod or a pole when subsistence fishing only

(1) in the state waters of, and all flowing waters that drain into, the Bering Sea or Norton Sound from Cape Prince of Wales to Bald Point (between Elim and Koyuk); or

(2) through the ice.

(i) Notwithstanding (a) - (h) of this section, during times when the commissioner determines that it is necessary for the conservation of chum salmon, the commissioner may, by emergency order, close the fishing season in any portion of the Norton Sound-Port Clarence Area and immediately reopen the season in any portion of the Norton Sound-Port Clarence Area during which gillnets

(1) must have a mesh size of four and one-half inches or less; and

(2) may not exceed the length specified by the commissioner.

(j) Notwithstanding (a) - (h) of this section, during times when the commissioner determines that it is necessary for the conservation of king salmon, the commissioner may, by emergency order, close the fishing season in any portion of the Norton Sound-Port Clarence Area and immediately reopen the season in any portion of the Norton Sound-Port Clarence Area during which gillnets

(1) must have a mesh size of

(A) four and one-half inches or less;

(B) six inches or less; or

(2) may not exceed the length specified by the commissioner.

(k) Repealed 5/22/2016.

(l) Repealed 5/22/2016.

(m) During times when the commissioner determines that it is necessary for the conservation of specific salmon species, the commissioner may, by emergency order, close the fishing season in any portion of the Norton Sound-Port Clarence Area and immediately reopen the season in any portion of the Norton Sound-Port Clarence Area to subsistence fishing with beach seines and require that specific salmon species caught with a beach seine be returned immediately to the water alive; if beach seine use is authorized by this subsection, a beach seine may not be constructed of monofilament web and may not exceed:

(1) 50 fathoms in length;

(2) 100 meshes in depth; and

(3) a mesh size of three and one-half inches stretched measure.

History

Authority: AS 16.05.060; AS 16.05.251; AS 16.05.258

5 AAC 01.171 Identification of gear {#sec-5-aac-01.171 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.171}

In addition to the requirements of 5 AAC 01.010(h),

(1) each fish wheel must have the first initial, last name and address of the operator plainly and legibly inscribed on the side of the fish wheel facing midstream of the river;

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.172 Limitations on subsistence fishing gear {#sec-5-aac-01.172 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.172}

(a) Except when fishing through the ice, for subsistence fishing in state waters of, and all flowing waters that drain into, northern Norton Sound from Cape Prince of Wales to Bald Point (between Elim and Koyuk) with a hook and line attached to a rod or a pole, the following provisions apply:

(1) the methods and means specified in 5 AAC 70.011, 5 AAC 70.030, and 5 AAC 75.022; and

(2) the bag and possession limits, by species, specified in 5 AAC 70.011.

(b) A person may not sport fish for salmon and take salmon under a subsistence harvest on the same day.

(c) From Bald Point to Point Romanof, a sport fishing license is required when fishing with a hook and line attached to a rod or pole.

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 6/17/2001, Register 158; am 5/19/2004, Register 170; am 6/7/2007, Register 182

5 AAC 01.175 Waters closed to subsistence fishing {#sec-5-aac-01.175 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.175}

(a) In the Norton Sound District, fish may not be taken for subsistence purposes seaward of the mouth of the Unalakleet River in an area between ADF&G regulatory markers located on each side of the river to an outer line established by ADF&G regulatory markers and buoys.

(b) In the Port Clarence District, Salmon Lake and its tributaries and waters within 300 feet of ADF&G regulatory markers located at the outlet of Salmon Lake, are closed to subsistence fishing for salmon unless otherwise opened by emergency order. Salmon Lake is closed to salmon fishing southwest of the ADF&G regulatory markers at Fox Creek Point to Jasper Creek Point.

(c) The following waters are closed to subsistence fishing for salmon, except when fishing with a hook and line attached to a rod or pole:

(1) the Nome River from its terminus upstream for a distance of 200 yards and upstream from an ADF&G regulatory marker located near the VOR site approximately two miles upstream from the mouth of the Nome River;

(2) the Sinuk River upstream from an ADF&G regulatory marker located at the confluence of Boulder Creek;

(3) the Solomon River upstream from an ADF&G regulatory marker placed near the village of Solomon;

(4) the Snake River upstream from an ADF&G regulatory marker located at the confluence of Sunset Creek;

(5) the Flambeau River upstream from an ADF&G regulatory marker located at the confluence of Discovery Creek;

(6) the Eldorado River upstream from an ADF&G regulatory marker located approximately six miles upstream of the confluence of the Flambeau River;

(7) the Bonanza River upstream of an ADF&G regulatory marker located at the confluence of Ohio Creek;

(8) the Penny River is closed to subsistence fishing for

(A) pink, coho, sockeye, and king salmon upstream of an ADF&G regulatory marker located approximately 100 yards upstream from its mouth;

(B) chum salmon;

(9) the Cripple River is closed to subsistence fishing for

(A) pink, coho, sockeye, and king salmon upstream of an ADF&G regulatory marker located approximately 200 yards upstream from its mouth;

(B) chum salmon.

(d) The following waters are closed to subsistence fishing for Arctic grayling:

(1) the Nome River; and

(2) the Solomon River.

History

Authority: AS 16.05.060; AS 16.05.251; AS 16.05.258

5 AAC 01.180 Subsistence fishing permits; annual limits for salmon {#sec-5-aac-01.180 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.180}

(a) Except as provided in this section, fish may be taken for subsistence purposes without a subsistence fishing permit.

(b) A subsistence salmon fishing permit is required as follows:

(1) in all waters of the Port Clarence District;

(2) in the Norton Sound District, in all waters from Cape Douglas to Bald Point;

(3) in all waters of the Norton Sound-Port Clarence Area when subsistence fishing with a hook and line attached to a rod or pole.

(d) Repealed 6/7/2007.

(e) If a Tier II subsistence chum salmon fishery is opened under 5 AAC 01.182 and 5 AAC 01.184, a Tier II chum salmon fishing permit is required for the taking of chum salmon in Subdistrict 1 of the Norton Sound District.

(f) In the Norton Sound District, in the following waters, the annual limits for salmon are as follows:

(1) in the Nome River, the annual limit for coho salmon is 100 fish;

(2) in the Snake River, the annual limit for coho salmon is 100 fish;

(3) in the Solomon River, the annual limit for

(A) chum salmon is 40 fish;

(B) coho salmon is 20 fish.

(g) In the Port Clarence District, in the following waters, the annual limits for salmon are as follows:

(1) in the Pilgrim River, the annual limit for

(A) king salmon is three fish;

(B) sockeye salmon is 25 fish, unless modified by the commissioner by emergency order;

(2) in Salmon Lake, the annual limit for sockeye salmon is 200 fish.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.182 Tier II subsistence chum salmon fishery {#sec-5-aac-01.182 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.182}

(a) If the harvestable surplus of chum salmon is insufficient to provide a reasonable opportunity for subsistence uses for chum salmon in Subdistrict 1 of the Norton Sound District, the Board of Fisheries (board) has eliminated nonsubsistence consumptive uses, and further restrictions are necessary to assure that the chum salmon stock is maintained and managed on a sustained yield basis, or to assure the continuation of subsistence uses, a subsistence chum salmon fishery by Tier II permit only will occur with Tier II permits allocated as described in this section and 5 AAC 01.184, based on the following criteria:

(1) the customary and direct dependence on chum salmon in Subdistrict 1 by the subsistence user for human consumption as a mainstay of livelihood;

(2) the ability of the subsistence user to obtain food if subsistence use is restricted or eliminated.

(b) Tier II fishing permits will be issued by the department. Qualifications for a Tier II permit will be based on the point system established in 5 AAC 01.184. The department will issue the number of permits that it determines appropriate for the number of fish available for harvest. A Tier II permit will be issued to the highest ranking applicants, and then to the next lower-ranking applicants, until the number of permits authorized by the department have been issued. If one or more of the permits remain to be issued, but the number of equally ranking applicants exceeds the number of permits, applicants will be selected by a random drawing from among those applicants. Conditional Tier II permits will be issued to applicants who do not initially qualify for Tier II permits, ranked in order of those conditional permit holder's scores.

(c) The commissioner shall announce, by emergency order, whether Tier II permit holders may fish during an opening, based on observed run size, escapement levels, and harvestable surplus as specified by the department. If, during the season, the harvestable surplus exceeds the level for providing a reasonable opportunity to Tier II permit holders, the commissioner may announce by emergency order, whether, and how many holders of conditional Tier II permits may fish, based on the ranked order of their scores. If, during the season, the harvestable surplus reaches the amount found by the board to be reasonably necessary for subsistence uses of the stock, the commissioner may open, by emergency order, a Tier I subsistence fishery and renew permits for additional harvest, as consistent with sustained yield.

(d) An applicant for a Tier II subsistence fishing permit must be a resident of the state and be at least 12 years old. No more than one Tier II permit may be issued to a household for chum salmon fishing. Any household member may fish under the terms of that household's Tier II permit. As provided in AS 16.05.405 and 5 AAC 01.011, a Tier II permit holder may designate on the permit an additional person, outside the permit holder's household, who may fish as proxy for the permit holder under the terms of the Tier II permit.

(e) A person may not submit false or inaccurate information in support of a Tier II application. An applicant shall cooperate with any lawful investigation regarding information provided by any person in the applicant's Tier II application.

History

Authority: AS 16.05.060; AS 16.05.251; AS 16.05.258
Eff. 6/23/99, Register 150

5 AAC 01.184 Tier II subsistence chum salmon fishing permits for Subdistrict 1 of the Norton Sound District {#sec-5-aac-01.184 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.184}

(a) Qualifications for a Tier II subsistence chum salmon fishing permit for Subdistrict 1 of the Norton Sound District shall be based on a point system with a maximum score totaling 85 points, using the following criteria:

(1) an applicant's customary and direct dependence on the chum salmon stock for human consumption as a mainstay of livelihood may provide up to 75 points; one point will be given for each year above the age of five years, in which any one member of the applicant's household has fished for chum salmon in Subdistrict 1, or processed chum salmon taken in Subdistrict 1, plus the number of years in which that member of the household would have fished for chum salmon or processed chum salmon, but did not because fishing for chum salmon was closed due to a low number of returning stock, or the department did not issue a permit to fish to that member of the household for which the member applied;

(2) an applicant's direct dependence on subsistence chum salmon fishing and ability to obtain food if subsistence uses of Subdistrict 1 chum salmon are restricted or eliminated, based on the relative availability of alternative sources of the chum salmon to the applicant's household may provide up to 10 points; the point system is measured by the formula of 10(W), in which W is the percent of chum salmon that the applicant's household has taken in Subdistrict 1 over the four years immediately preceding the date of application.

(b) Applications for a Tier II chum salmon fishing permit are available at the department's office in Nome and will be accepted from April 30 through May 30.

(c) A person may appeal a Tier II permit allocation decision or score to the department within 10 days after the public release of the list of names of those awarded a Tier II permit, as follows:

(1) an appeal must be submitted in writing or by telephone; if an appeal is submitted in writing it must be postmarked or hand delivered to the department within the 10-day period specified in this section; if an appeal is submitted by telephone, it must be made within the 10-day appeal period; the department shall record telephone appeals by electronic means;

(2) the department shall provide a written decision on the appeal to the applicant by first class mail within seven days after the department's receipt of the appeal;

(3) a person that disagrees with a decision issued under (2) of this subsection, regarding that person's application, may appeal to the commissioner in writing within seven days after the mailing of a decision by the department.

(d) The annual harvest limit for a Tier II permit issued under 5 AAC 01.182 and this section is 100 chum salmon per household.

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 6/23/99, Register 150

5 AAC 01.185 Limits on participation in subsistence finfish fisheries {#sec-5-aac-01.185 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.185}

Repealed 5/15/93.

5 AAC 01.186 Customary and traditional subsistence uses of fish stocks and amounts necessary for subsistence uses {#sec-5-aac-01.186 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.186}

(a) The Alaska Board of Fisheries (board) finds that the following fish stocks are customarily and traditionally taken or used for subsistence:

(1) herring and herring roe along the coast between Point Romanof and Cape Prince of Wales and along the coast of Saint Lawrence Island;

(2) salmon, and all finfish other than salmon, except as specified in (1) and (3) of this subsection, in the Norton Sound-Port Clarence Area; and

(3) chum salmon in Subdistrict 1 of the Norton Sound District.

(b) The board finds that:

(1) 96,000 - 160,000 salmon are reasonably necessary for subsistence uses in the Norton Sound-Port Clarence Area; and

(2) 3,430 - 5,716 chum salmon are reasonably necessary for subsistence uses in Subdistrict 1 of the Norton Sound District.

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 5/15/93, Register 126; am 6/10/98, Register 146; am 6/26/98, Register 146; am 6/23/99, Register 150

5 AAC 01.188 Customary trade of subsistence-taken finfish {#sec-5-aac-01.188 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.188}

(a) In the Norton Sound-Port Clarence Area, the customary trade of subsistence-taken finfish is permitted as specified in this section. A person who conducts a customary trade in subsistence-taken finfish under this section must

(1) obtain a customary trade record keeping form from the department before the person conducts the customary trade, and accurately record the cash sale on the form within the 24 hours after the sale occurs; the form requires the reporting of

(A) the date of each sale;

(B) the buyer's name and address;

(D) the location where the finfish were harvested;

(E) the dollar amount of each sale;

(F) the form of processing used; and

(G) any other information the department requires for management or enforcement purposes;

(2) return the customary trade record keeping form to the department as prescribed by the department on the form;

(3) display the customary trade record keeping form upon request by a local representative of the department or a peace officer of the state.

(b) A person may not sell subsistence-taken finfish under this section for more than $500 total per household in a calendar year.

(d) A sale or purchase of finfish authorized under this section, including the delivery of fish to a purchaser, may occur only in the Norton Sound-Port Clarence Area.

History

Authority: AS 16.05.251; AS 16.05.258; AS 16.05.940
Eff. 7/1/2007, Register 182; am 4/13/2013, Register 206

5 AAC 01.190 Subdistrict 1 of the Norton Sound District Chum Salmon Management Plan {#sec-5-aac-01.190 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.190}

Repealed.

History

Eff. 6/17/2001, Register 158; am 5/19/2004, Register 170; am 4/13/2013, Register 206; repealed 6/28/2019, Register 230

Article 4 Yukon Area

5 AAC 01.200 Description of Yukon Area {#sec-5-aac-01.200 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.200}

The Yukon Area includes all waters of Alaska between a line extending 315° northwest from Point Romanof at 63° 12.16' N. lat., 162° 49.72' W. long. to a point three nautical miles offshore at 63° 14.27' N. lat., 162° 54.40' W. long. and the latitude of the westernmost point of the Naskonat Peninsula, including those waters draining into the Bering Sea.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.205 Description of districts and subdistricts {#sec-5-aac-01.205 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.205}

(a) Districts and subdistricts are as described in 5 AAC 05.200.

(b) Old Minto Area consists of that portion of Subdistrict 6-B from the downstream end of upper Tolovana Island, located approximately two miles upstream of the Tolovana River, to three miles upstream of the mouth of the Totchaket Slough.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.210 Fishing seasons and periods {#sec-5-aac-01.210 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.210}

(a) Unless restricted in this section, or in 5 AAC 01.220 - 5 AAC 01.249, salmon may be taken in the Yukon Area at any time.

(b) When there are no commercial salmon fishing periods, the subsistence fishery in the Yukon River drainage will be based on a schedule implemented chronologically, consistent with migratory timing as the salmon run progresses upstream. The commissioner may alter fishing periods by emergency order, if the commissioner determines that preseason or inseason run indicators indicate it is necessary for conservation purposes. The fishing periods for subsistence salmon fishing in the Yukon River drainage will be established by emergency order as follows:

(1) Coastal District, Koyukuk River, Kantishna River, and Subdistrict 5-D: seven days per week;

(2) Districts 1 - 3: two 36-hour fishing periods per week;

(3) District 4, and Subdistricts 5-A, 5-B, and 5-C: two 48-hour fishing periods per week, except that in Subdistricts 5-A, 5-B, and 5-C, when the department's inseason projection of the fall chum salmon run is greater than or equal to 700,000 fish based on the summer to fall chum salmon historic relationship, the fishing schedule will be seven days per week coinciding with the migratory timing of the fall chum salmon run;

(4) District 6: two 42-hour fishing periods per week; and

(5) Old Minto Area: five days per week.

(c) When there are commercial salmon fishing periods, in the following locations, in addition to subsistence fishing periods opened by emergency order, salmon may be taken for subsistence during commercial salmon fishing periods, except that, unless allowed by emergency order, salmon may not be taken for subsistence during the 24 hours immediately before the opening of the commercial salmon fishing season:

(1) District 4, excluding the Koyukuk River drainage: from June 15 through September 30, salmon may be taken for two 48-hour fishing periods per week, established by emergency order;

(2) District 5, excluding the Tozitna River drainage and Subdistrict 5-D;

(3) District 6, except

(A) the Kantishna River drainage and that portion of the Tanana River drainage upstream of the mouth of the Salcha River;

(B) in Old Minto Area, salmon may be taken from 6:00 p.m. Friday until 6:00 p.m. Wednesday.

(d) During the commercial salmon fishing season when the department announces a commercial fishing closure that will last longer than five days, salmon may not be taken for subsistence during the following periods in the following districts:

(1) in District 4, excluding the Koyukuk River drainage, salmon may not be taken

(A) in Subdistrict 4-A, from 6:00 p.m. Sunday until 6:00 p.m. Tuesday;

(B) in Subdistricts 4-B and 4-C, from 6:00 p.m. Friday until 6:00 p.m. Sunday;

(2) in District 5, excluding the Tozitna River drainage and Subdistrict 5-D, salmon may not be taken from 6:00 p.m. Sunday until 6:00 p.m. Tuesday.

(e) In Districts 1, 2, and 3, excluding the Innoko River drainage, unless allowed by emergency order, salmon may not be taken for subsistence during the 24 hours immediately before the opening of the commercial salmon fishing season, and

(1) in Districts 1, 2, and 3,

(A) after the opening of the commercial salmon fishing season through July 15, salmon may not be taken for subsistence for 18 hours immediately before, during, and for 12 hours after each commercial salmon fishing period;

(B) after July 15, salmon may not be taken for subsistence for 12 hours immediately before, during, and for 12 hours after each commercial salmon fishing period;

(C) notwithstanding the provisions of (A) and (B) of this paragraph, if the commissioner determines it is necessary to ensure that reasonable opportunity for subsistence uses is being provided, the commissioner may, by emergency order, open a subsistence fishing period that may occur during times that are before, during, and after a commercial salmon fishing period;

(2) repealed 5/19/2010.

(f) Repealed 5/19/2010.

(g) The commissioner may establish, by emergency order, additional subsistence salmon fishing periods in Subdistricts 4-B and 4-C and Districts 5 and 6 to compensate for any lost fishing opportunities due to reductions in commercial salmon fishing time.

(h) Except as provided in 5 AAC 01.225, and except as may be provided by the terms of a subsistence fishing permit, there is no closed season on fish other than salmon.

History

Authority: AS 16.05.060; AS 16.05.251; AS 16.05.258

5 AAC 01.220 Lawful gear and gear specifications {#sec-5-aac-01.220 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.220}

(a) Salmon may be taken only by set and drift gillnet, dip net, beach seine, a hook and line attached to a rod or pole, handline, or fish wheel, subject to the restrictions set out in this section, 5 AAC 01.210, and 5 AAC 01.225 - 5 AAC 01.249.

(b) In District 4, salmon may be taken by drift gillnets that are not more than 25 fathoms in length, unless closed by emergency order.

(d) Unless otherwise specified in this section, fish other than salmon and halibut may be taken only by gillnet, dip net, beach seine, a hook and line attached to a rod or pole, handline, fish wheel, fyke net, jigging gear, spear, longline, lead, or eel stick.

(e) The following apply to subsistence fishing:

(1) a gillnet may not exceed seven and one-half inch mesh size;

(2) the aggregate length of set gillnets in use by an individual may not exceed 150 fathoms;

(3) each drift gillnet in use by an individual may not exceed 50 fathoms in length;

(4) in Subdistrict 5-C, between the Waldron Creek ADF&G regulatory marker and Hess Creek, a single set gillnet in use may not exceed 25 fathoms in length;

(5) subsistence set gillnets and fishwheels may not be operated within 200 feet of another gillnet or fishwheel except as follows:

(A) at the site approximately one mile upstream from Ruby on the south bank of the Yukon River between ADF&G regulatory markers containing the area known locally as the "Slide," subsistence fishing gear may be set within 200 feet of other operating commercial or subsistence fishing gear;

(B) in District 4, from Old Paradise Village upstream to a point four miles upstream from Anvik, there is no minimum distance requirement between fish wheels;

(C) a person may operate a beach seine, longline, fyke net, dip net, jigging gear, spear, a hook and line attached to a rod or pole, handline, lead, or eel stick within 200 feet of another person operating subsistence fishing gear;

(6) subsistence fishermen may operate one or more subsistence fishing gears at the same time;

(7) a person may not subsistence fish while commercial or personal use fishing at the same time;

(8) a gillnet may not obstruct more than one-half the width of any fish stream and any channel or side channel of a fish stream; a stationary fishing device may not obstruct more than one-half the width of any salmon stream and any channel or side channel of a salmon stream, except that in Racetrack Slough off of the Koyukuk River and in the sloughs of the Huslia River drainage, from when each river is free of ice through June 15, the offshore end of a set gillnet may not be closer than 20 feet from the opposite bank, unless closed by emergency order;

(9) in that portion of Beaver Creek, not included in the nonsubsistence area specified in 5 AAC 99.015(a)(4), gillnet mesh size may not exceed four inches;

(10) in Birch Creek, gillnet mesh size may not exceed four inches;

(11) in the South Fork of the Koyukuk River drainage upstream from the mouth of the Jim River, and in the Middle Fork of the Koyukuk River drainage upstream from the mouth of the North Fork, gillnet gear may be used only from August 20 through June 30 and a gillnet mesh size may not exceed three and one-half inches; a subsistence permit is required as specified in 5 AAC 01.230(b)(9);

(12) during the subsistence fishing closures specified in 5 AAC 01.210(b), all salmon gillnets with a mesh size greater than four inches must be removed from the water and fish wheels may not be operated;

(13) a beach seine may not be constructed of monofilament web and may not exceed

(A) 150 fathoms in length;

(B) 100 meshes in depth·

(14) coinciding with the migratory timing of the fall chum salmon run, a person may not take fish with a gillnet that has a mesh size greater than six inches through October 30, unless altered by emergency order;

(15) in the Coastal District and Districts l and 2, unless a person is fishing under the ice, the float line and floats of gillnets must be floating on the surface of the water while the net is fishing unless natural conditions cause the net to temporarily sink;

(16) in Districts 3 - 6, unless a person is fishing under the ice, gillnets in operation sunk below the surface must have a keg, buoy, or cluster of floats visible on the surface of the water at each end of the submerged net, and for submerged gillnets over 60 feet in length, a third keg, buoy, or cluster of floats must be attached to the middle of the net.

(f) Northern pike may not be taken with gillnets in the waters of the Tolovana River drainage from October 15 through April 14.

(g) Halibut may be taken only by a single hand-held line with no more than three hooks attached.

(h) A person may use a hook and line attached to a rod or pole when subsistence fishing only

(1) in the waters between the latitude of Point Romanof and the latitude of the westernmost point of the Naskonat Peninsula,

(A) including those waters draining into the Bering Sea and those of the Yukon River drainage;

(B) excluding the areas described in 5 AAC 01.225, the Koyukuk River subsistence permit area described in 5 AAC 01.230(b)(9), the Tanana River drainage, Birch Creek upstream of the Steese Highway Bridge, and the Dall River drainage; or

(2) through the ice.

(i) In District 4, from September 21 through May 15, jigging gear may be used from shore ice.

(j) Notwithstanding any other provisions of this section, during times when the commissioner determines it is necessary for the conservation of a salmon species, the commissioner may, by emergency order, close the fishing season on any portion of the Yukon Area and immediately reopen the season in that area during which one or more of the following gear limitations may be implemented:

(1) all salmon must be immediately released to the water alive unless retention is allowed by emergency order;

(2) a gillnet used to take fish

(A) must be of either four-inch or less mesh, four and three-quarter inch or less mesh, six-inch or less mesh, or seven and one-half inch mesh;

(B) may not, for a gillnet as specified in (A) of this paragraph, exceed the length specified by the commissioner in the emergency order, and the gillnet may be specified for operation as a set or drift gillnet; if specified, no part of a set gillnet may be more than 100 feet from the ordinary high water mark;

(3) for fish wheels:

(A) the operator must closely attend the fish wheel while it is in operation; and

(B) all salmon must be immediately released to the water alive and must bypass any livebox unless retention is allowed by emergency order;

(4) dip nets may be used; however, all salmon caught with a dip net must be released to the water alive unless retention is allowed by emergency order;

(5) beach seine may be used; however, all salmon caught with a beach seine must be released to the water alive unless retention is allowed by emergency order.

(k) For the purposes of this section, a "livebox" is a submerged container that is attached to a fish wheel and that will keep fish caught by the fish wheel alive.

History

Authority: AS 16.05.060; AS 16.05.251; AS 16.05.258

5 AAC 01.221 Identification of gear {#sec-5-aac-01.221 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.221}

In addition to the requirements of 5 AAC 01.010(h),

(1) each fish wheel must have the first initial, last name and address of the operator plainly and legibly inscribed on the side of the fish wheel facing midstream of the river;

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.225 Waters closed to subsistence fishing {#sec-5-aac-01.225 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.225}

5 AAC 01.225 was amended 5/6/94 by emergency regulation. Due to technical corrections made by the regulations attorney in reviewing the "permanent" regulation for filing, the permanent regulation as it was published in Register 131, October 1994, differed from the emergency regulation even though the section's history note did not reflect an amendment.

(a) Repealed 6/17/2001.

(b) The following drainages located north of the mainstem Yukon River are closed to subsistence fishing:

(1) Kanuti River drainage upstream from a point five miles downstream of the state highway crossing;

(2) Fish Creek drainage upstream from the mouth of Bonanza Creek;

(3) Bonanza Creek drainage;

(4) Jim River drainage, including Prospect Creek and Douglas Creek drainages;

(5) repealed 5/19/2004;

(6) repealed 5/19/2004;

(7) North Fork of the Chandalar River system upstream from the mouth of Quartz Creek.

(d) Repealed 4/13/2013.

(e) The Delta River is closed to subsistence fishing

(1) between the mouth of the Delta River and an ADF&G regulatory marker placed two miles upstream from the mouth of the Delta River;

(2) for salmon;

(3) for finfish other than salmon in that portion of the Delta River not included in the nonsubsistence area described in 5 AAC 99.015(a)(4).

(f) Repealed 4/13/80.

(g) The following lakes and rivers and creeks and within 500 feet of the river and creek mouths are closed to subsistence fishing:

(1) Big Salt River;

(2) Hess Creek;

(3) Deadman Lake;

(4) Jan Lake;

(5) Fielding Lake;

(6) Two-Mile Lake.

(h) Repealed 7/13/92.

(i) Fish may not be taken under subsistence fishing regulations in the nonsubsistence area described in 5 AAC 99.015(a)(4).

(j) The Toklat River drainage is closed to subsistence fishing from August 15 through May 15, as specified in 5 AAC 01.249(6)(A).

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.230 Subsistence fishing permits {#sec-5-aac-01.230 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.230}

(a) Except as provided in this section and 5 AAC 01.249, fish may be taken for subsistence purposes without a subsistence fishing permit.

(b) A subsistence fishing permit is required as follows:

(1) for the Yukon River drainage upstream from the westernmost tip of Garnet Island to the mouth of the Dall River;

(2) repealed 4/13/80;

(3) for the Yukon River drainage from the upstream mouth of Twenty-two Mile Slough to the United States-Canada border;

(4) repealed 4/13/80;

(5) for the Tanana River drainage above the mouth of the Wood River;

(6) repealed 5/19/2010;

(7) for the taking of pike in waters of the Tolovana River drainage upstream of its confluence with the Tanana River;

(8) for the taking of salmon in Subdistricts 6-A and 6-B;

(9) for the South Fork of the Koyukuk River drainage upstream from the mouth of the Jim River and the Middle Fork of the Koyukuk River drainage upstream from the mouth of the North Fork.

(c) In addition to the subsistence fishing permit conditions set forth in 5 AAC 01.015, permits issued for fish other than salmon may also designate restrictive measures for the protection of salmon.

(d) Only one subsistence salmon fishing permit will be issued to each household per year.

(e) In addition to the subsistence fishing permit conditions specified in 5 AAC 01.015, and except as provided in 5 AAC 01.249, permits issued for the taking of salmon in Subdistricts 6-A and 6-B must also contain the following requirements:

(1) salmon may be taken only by set gillnet, dip net, or fish wheel; no household may operate more than one fish wheel;

(2) a subsistence fishing permit holder shall keep accurate daily records of the permit holder's catch, the number of fish taken by species, location and date of the catch, and other information that the department may require for management or conservation purposes;

(3) in that portion of Subdistrict 6-B three miles or more upstream of the mouth of Totchaket Slough, each permittee shall report the number of salmon taken to the department once each week, or as specified on the permit; in the remainder of Subdistrict 6-B and in Subdistrict 6-A, each permittee shall report the total number of salmon taken to the department no later than October 31;

(4) the annual harvest limit for the holder of a Subdistrict 6-A or 6-B subsistence salmon fishing permit is 60 king salmon and 500 chum salmon for the period through August 15 of a year, and 2,000 chum and coho salmon combined for the period after August 15; upon request, permits for additional salmon may be issued by the department;

(5) unless otherwise provided, from June 20 through September 30, open subsistence salmon fishing periods are concurrent with open commercial salmon fishing periods; during closures of the commercial salmon fishery, open subsistence salmon fishing periods are as specified in 5 AAC 05.367;

(6) in the Kantishna River drainage, the open subsistence salmon fishing periods are seven days per week, except as specified in 5 AAC 01.249;

(7) in Subdistrict 6-B from the downstream end of Crescent Island to a line three miles upstream from the mouth of Totchaket Slough, the open subsistence salmon fishing periods are from 6:00 p.m. Friday through 6:00 p.m. Wednesday.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.234 Limitations on subsistence fishing with a hook and line gear {#sec-5-aac-01.234 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.234}

During times when the commissioner determines it to be necessary for the conservation of salmon, the commissioner may, by emergency order, close the fishing season for salmon, and immediately reopen the season during which restrictions apply to the waters, seasons, bag, possession, and size limits, and method and means for subsistence fishing for salmon with a hook and line attached to a rod or pole. The provisions of this section do not apply to fishing through the ice.

History

Authority: AS 16.05.060; AS 16.05.251; AS 16.05.258
Eff. 12/29/2002, Register 164

5 AAC 01.235 Limits on participation in subsistence finfish fisheries {#sec-5-aac-01.235 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.235}

Repealed 5/15/93.

5 AAC 01.236 Customary and traditional subsistence uses of fish stocks and amounts necessary for subsistence uses {#sec-5-aac-01.236 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.236}

(a) The Alaska Board of Fisheries (board) finds that the following fish stocks are customarily and traditionally taken or used for subsistence:

(1) king, summer chum, fall chum, coho, and pink salmon in the Yukon Area;

(2) freshwater fish species, including sheefish, whitefish, lamprey, burbot, sucker, grayling, pike, and char;

(3) herring and herring roe, within 20 miles of the coast between the terminus of the Black River and the westernmost point of the Naskonat Peninsula; and

(4) all finfish other than salmon and herring, in the salt waters of the Yukon Area.

(b) The board finds that in the Yukon Area the following amounts of fish are reasonably necessary for subsistence uses:

(1) king salmon: 45,500 - 66,704;

(2) summer chum salmon: 83,500 - 142,192;

(3) fall chum salmon: 89,500 - 167,900;

(4) coho salmon: 20,500 - 51,980;

(5) pink salmon: 2,100 - 9,700.

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 5/15/93, Register 126; am 6/10/98, Register 146; am 6/17/2001, Register 158; am 5/19/2004, Register 170; am 7/13/2012, Register 203; am 4/13/2013, Register 206

5 AAC 01.240 Marking and use of subsistence-taken salmon {#sec-5-aac-01.240 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.240}

(a) Repealed 8/14/87.

(b) Repealed 6/10/98.

(c) In Districts 1 - 3, during seasons when the department may allow the sale of king salmon, the department shall, by emergency order, close the season and immediately reopen a season during which a person may not possess king salmon taken for subsistence uses unless both tips (lobes) of the tail fin have been removed before the person conceals the salmon from plain view or transfers the salmon from the fishing site. A person may not sell or purchase salmon from which both tips (lobes) of the tail fin have been removed.

(d) In the Yukon River drainage, king salmon must be used primarily for human consumption and may not be targeted for dog food. Dried king salmon may not be used for dog food throughout the Yukon River drainage, except that whole fish that are unfit for human consumption, scraps, and fish under 16 inches in length may be fed to dogs. Whole king salmon caught incidentally during a subsistence chum salmon fishery in the following time periods and locations may also be fed to dogs:

(1) after July 10, in the Koyukuk River drainage;

(2) after July 20, in District 6 and the Tanana River drainage;

(3) after August 10, in Subdistrict 5-D, upstream of Circle City.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.244 Minto Flats Northern Pike Management Plan {#sec-5-aac-01.244 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.244}

(a) Northern pike stocks in the lakes and flowing waters of the Minto Flats support both subsistence and sport fisheries. The purpose of this management plan is to provide the department with guidance to achieve the goals of managing these stocks consistent with sustained yield principles, providing a reasonable opportunity for the priority subsistence fishery, and providing a sport fishing opportunity. The Minto Flats northern pike management plan for the sport fishery is set out in 5 AAC 74.044.

(b) The department shall manage the Minto Flats northern pike subsistence fishery as follows:

(1) the maximum exploitation rate of northern pike in the lakes and flowing waters of the Minto Flats by all users may not exceed 20 percent annually;

(2) the following provisions apply to the harvest of northern pike in the Minto Flats area subsistence fishery:

(A) the open fishing season is from January 1 through December 31;

(B) there is no daily or annual bag limit, except that in the area described in (G) of this paragraph, the daily harvest limit per permit is 10 fish only two of which may be 30 inches or greater in length, and the possession limit per permit is 20 fish only four of which may be 30 inches or greater in length;

(C) a household ADF&G subsistence harvest permit must be obtained before participating in the subsistence fishery and the permit must be in possession when participating in the fishery;

(D) gillnets may be used only from April 15 through October 14;

(E) a hook and line attached to a rod or pole may be used only when fishing through the ice;

(F) in the Chatanika River drainage, from the confluence of the Chatanika River and Goldstream Creek to an ADF&G regulatory marker approximately one river mile upstream of the confluence, subsistence fishing through the ice is closed;

(G) in the Chatanika River drainage, from an ADF&G regulatory marker approximately one river mile upstream of the confluence of the Chatanika River and Goldstream Creek to an ADF&G regulatory marker at the boundary of the Fairbanks Nonsubsistence Area (approximately one mile downstream from Murphy Dome Road):

(i) only single hooks may be used; and

(ii) if the subsistence harvest reports indicate that 1,500 or more northern pike have been harvested during the period from January 1 until these waters are free of ice, the commissioner shall close, by emergency order, these waters to fishing for northern pike through the ice.

History

Authority: AS 16.05.060; AS 16.05.251; AS 16.05.258
Eff. 5/9/98, Register 146; am 6/17/2001, Register 158; am 3/14/2009, Register 189; am 5/19/2010, Register 194; am 5/22/2016, Register 218; am 3/29/2018, Register 225; am 6/28/2019, Register 230

5 AAC 01.245 Restrictions on commercial fishermen {#sec-5-aac-01.245 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.245}

(a) Repealed 6/10/98.

(b) Repealed 6/17/2001.

History

Eff. 6/30/83, Register 86; am 5/11/85, Register 94; readopt 5/15/93, Register 126; am 6/10/98, Register 146; am 6/17/2001, Register 158

5 AAC 01.246 Tanana River Subdistrict 6-C Subsistence Salmon Management Plan {#sec-5-aac-01.246 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.246}

Repealed.

History

Eff. 5/6/94, Register 130; repealed 6/7/95, Register 135

5 AAC 01.247 Tanana River Subdistrict 6-C Subsistence Salmon Management Plan {#sec-5-aac-01.247 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.247}

Repealed 5/15/93.

5 AAC 01.248 The Toklat River Fall Chum Salmon Rebuilding Management Plan {#sec-5-aac-01.248 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.248}

Repealed.

History

Eff. 5/15/93, Register 126; am 7/3/94, Register 130; am 3/24/95, Register 133; am 3/30/95, Register 133; am 6/10/98, Register 146; am 6/17/98, Register 146; am 6/17/2001, Register 158; repealed 5/19/2004, Register 170

5 AAC 01.249 Yukon River Drainage Fall Chum Salmon Management Plan {#sec-5-aac-01.249 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.249}

The objective of this management plan is to ensure adequate escapement of fall chum salmon into the Yukon River drainage and to provide management guidelines to the department. The department shall implement this plan from July 16 through December 31 each year, as follows:

(1) the department shall use the best available data, including preseason projections, mainstem river sonar passage estimates, test fisheries indices, subsistence and commercial fishing reports, fish passage estimates from escapement monitoring projects, and traditional knowledge to assess the run size of chum salmon; in this paragraph, "traditional knowledge" has the meaning given in 5 AAC 96.621;

(2) when the projected run size is 300,000 chum salmon or less, the commissioner shall close, by emergency order, the

(A) commercial, sport, and personal use directed chum salmon fisheries; and

(B) subsistence directed chum salmon fisheries, except that if indicators suggest that an individual escapement goal in a subdistrict, district, or a portion of a subdistrict or district will be achieved, the commissioner may, by emergency order, open a subsistence directed chum salmon fishery in that subdistrict, district or portion of that subdistrict or district;

(3) when the projected run size is more than 300,000, but not more than 500,000 chum salmon, the

(A) targeted drainagewide minimum escapement goal is 300,000 chum salmon;

(B) commissioner shall, by emergency order, close the commercial, sport, and personal use directed chum salmon fisheries, except that if indicators suggest that an individual escapement goal and identified subsistence needs in a subdistrict, district, or portion of a subdistrict or district will be achieved, the commissioner may, by emergency order, open a sport or personal use fishery in that subdistrict, district, or portion of that subdistrict or district; and

(C) department shall manage the subsistence chum salmon directed fisheries to achieve the targeted drainagewide escapement goal;

(4) repealed 5/19/2010;

(5) when the projected run size is more than 550,000 chum salmon, the commissioner may, by emergency order, open and close, commercial fisheries drainagewide and manage the fisheries to achieve escapements within the established drainagewide escapement goal range of 300,000 - 600,000 chum salmon; the targeted harvest of the surplus will be distributed by district or subdistrict proportional to the guideline harvest range established in 5 AAC 05.365; the department shall distribute the harvest levels below the low end of the guideline harvest range by district or subdistrict proportional to the midpoint of the guideline harvest range;

(6) for management of the Toklat River salmon stocks, the Kantishna River and Subdistricts 5-A and 6-A fisheries will be managed to achieve the established spawning escapement goals and the following provisions will apply:

(A) in the Toklat River drainage, the area between approximately one mile upstream and two miles downstream of the Kobi-McGrath trail crossing, enclosed by the following four points: 64° 08.21' N. lat., 150° 01.16' W. long., to 64° 08.21' N. lat., 149° 58.38' W. long., to 64° 10.66' N. lat., 150° 02.09' W long., to 64° 10.66' N. lat., 149° 59.72' W. long., is closed to subsistence fishing from August 15 through May 15;

(B) in the Kantishna River, the following subsistence permit requirements will apply:

(i) from August 15 through December 31, the subsistence salmon harvest limit in the Kantishna River is 2,000 chum salmon;

(ii) from August 15 through December 31, the annual harvest limit for the holder of a Kantishna River subsistence salmon fishing permit is 450 chum salmon; until the fishery harvest limit of 2,000 chum salmon is reached, permits for additional salmon may be issued by the department;

(iii) based on an evaluation of inseason run strength indicators, the commissioner may, by emergency order, reopen the Kantishna River fall season chum salmon subsistence fishery and allow the fishery to exceed the 2,000 fall chum salmon harvest limit if indications are that the Toklat River fall chum salmon minimum escapement goals will be achieved; the commissioner will close that fishery when the commissioner determines that it is necessary for the conservation and protection of chum salmon;

(7) notwithstanding the implementation dates specified in the plan objective, when Yukon River drainage fall chum salmon are designated by the board as a stock of management concern, the department shall implement this plan from July 13 through December 31.

History

Authority: AS 16.05.060; AS 16.05.251; AS 16.05.258
Eff. 7/3/94, Register 130; am 3/24/95, Register 133; am 3/30/95, Register 133; am 7/12/96, Register 139; am 6/10/98, Register 146; am 6/17/2001, Register 158; am 5/19/2004, Register 170; am 5/19/2010, Register 194; am 5/22/2016, Register 218; am 6/28/2019, Register 230; am 4/25/2026, Register 258; am 6/17/2026, Register 258

Article 5 Kuskokwim Area

5 AAC 01.250 Description of the Kuskokwim Area {#sec-5-aac-01.250 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.250}

The Kuskokwim Area consists of all waters of Alaska between the latitude of the westernmost point of the Naskonat Peninsula and the latitude of the southernmost tip of Cape Newenham, including the waters of Alaska surrounding Nunivak and St. Matthew Islands and those waters draining into the Bering Sea.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.255 Description of districts, subdistricts, and sections {#sec-5-aac-01.255 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.255}

(a) Districts and subdistricts are as described in 5 AAC 07.200.

(b) During times of king salmon conservation, the Kuskokwim River may be divided into the following sections by emergency order:

(1) Section 1: from a line at the Yukon Delta National Wildlife Refuge boundary at the mouth of the Kuskokwim River at 59° 59.96' N. lat., 162° 30.46' W. long. to 59° 59.95' N. lat., 162° 11.15' W. long. to the confluence of the Johnson River and Kuskokwim River;

(2) Section 2: from the confluence of the Johnson River and Kuskokwim River to a line between ADF&G regulatory markers located approximately one-half mile upstream of the Tuluksak River mouth;

(3) Section 3: from a line between ADF&G regulatory markers located approximately one-half mile upstream of the Tuluksak River mouth to a line between ADF&G regulatory markers at the Yukon Delta National Wildlife Refuge boundary near Aniak;

(4) Section 4: from a line between ADF&G regulatory markers at the Yukon Delta National Wildlife Refuge boundary near Aniak to a line between ADF&G regulatory markers located downstream of the Holitna River mouth;

(5) Section 5: from a line between ADF&G regulatory markers located downstream of the Holitna River mouth to the headwaters of the Kuskokwim River.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.260 Fishing seasons and periods {#sec-5-aac-01.260 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.260}

(a) Unless otherwise specified in this section, 5 AAC 01.275, or 5 AAC 07.365, finfish, except rainbow trout, may be taken in the Kuskokwim Area at any time. Rainbow trout taken incidentally in other subsistence finfish net fisheries and through the ice are legally taken and may be retained for subsistence purposes.

(b) In the waters of Districts 1 and 2 and those waters of the Kuskokwim River between Districts 1 and 2, salmon may be taken at any time, except that the commissioner may, by emergency order, close the subsistence fishing periods in the waters of Districts 1 and 2 and those waters of the Kuskokwim River between District 1 and 2 and reopen those waters to commercial fishing. In Subdistricts 1-A and 1-B, the commissioner may, by emergency order, reopen fishing periods where subsistence fishing will be allowed in portions of waters adjacent to the waters of Subdistricts 1-A or 1-B open to commercial fishing under this subsection.

(c) In Districts 4 and 5, salmon may be taken at any time, except that in District 4, subsistence fishing for salmon shall close on Sundays between June 1 and July 15 and the commissioner may, by emergency order, close the subsistence fishing periods in the waters of Districts 4 or 5 and reopen those waters to commercial fishing.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.270 Lawful gear and gear specifications and operation {#sec-5-aac-01.270 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.270}

(a) Salmon may be taken only by gillnet, beach seine, a hook and line attached to a rod or pole, handline, dip net as defined in 5 AAC 07.365(e)(11)(A), or fish wheel subject to the restrictions set out in this section and 5 AAC 01.275, except that salmon may also be taken by spear in the Holitna River drainage, Kanektok River drainage, Arolik River drainage, and the drainage of Goodnews Bay.

(b) The aggregate length of set gillnets or drift gillnets in use by any individual for taking salmon may not exceed 50 fathoms.

(c) Fish other than salmon may only be taken by set gillnet, drift gillnet, beach seine, fish wheel, pot, longline, fyke net, dip net, jigging gear, spear, eel stick, a hook and line attached to a rod or pole, handline, or lead.

(d) Each subsistence set gillnet operated in tributaries of the Kuskokwim River must be attached to the bank, fished substantially perpendicular to the bank and in a substantially straight line.

(e) In that portion of the Kuskokwim River drainage from the north end of Eek Island upstream to the mouth of the Kolmakoff River, no part of a set gillnet located within a tributary to the Kuskokwim River may be set or operated within 75 feet of any part of another set gillnet.

(f) A gillnet may not obstruct more than one-half the width of any fish stream and any channel or side channel of a fish stream. A stationary fishing device may not obstruct more than one-half the width of any salmon stream and any channel or side channel of a salmon stream.

(g) Repealed 5/19/2004.

(h) The maximum depth of gillnets is as follows:

(1) gillnets with six-inch or smaller mesh may not be more than 45 meshes in depth;

(2) gillnets with greater than six-inch mesh may not be more than 35 meshes in depth.

(i) Halibut may be taken only by a single hand-held line with no more than three hooks attached to it.

(j) Subsistence set and drift gillnets operated in Whitefish Lake in the Ophir Creek drainage may not exceed 15 fathoms in length.

(k) A person may not operate more than one subsistence set or drift gillnet at a time in Whitefish Lake in the Ophir Creek drainage. A person operating a subsistence set or drift gillnet shall check the net at least once every 24 hours.

(l) Repealed 5/29/2001.

(m) Notwithstanding (b) and (j) of this section, during times when the commissioner determines it to be necessary for the conservation of salmon, other than king salmon, the commissioner, by emergency order, may close the fishing season in any portion of the Kuskokwim Area and immediately reopen the season in that portion during which the following gear limitations apply:

(1) a gillnet used to take fish

(A) must be of seven and one-half inch or greater mesh, six-inch or less mesh, or four-inch or less mesh;

(B) for a gillnet of four-inch or less mesh, may not exceed the length specified by the commissioner in the emergency order and the gillnet may only be operated as a set gillnet; no part of a set gillnet may be more than 100 feet from the ordinary high water mark;

(C) for a gillnet of seven and one-half inch or greater mesh, may not exceed the length specified by the commissioner in the emergency order and the gillnet may only be operated as a set gillnet; no part of a set gillnet may be more than 100 feet from the ordinary high water mark;

(D) for a gillnet of six-inch or less mesh, may not exceed the length specified by the commissioner in the emergency order and the gillnet may only be operated as a set gillnet; no part of a set gillnet may be more than 100 feet from the ordinary high water mark;

(E) for a gillnet of four-inch or less, six-inch or less, or seven and one-half inches or greater, may not exceed the length specified by the commissioner in the emergency order;

(2) for fish wheels:

(A) except as provided in (B) of this paragraph, a fish wheel used to take fish must be equipped with a livebox that is constructed so that it contains no less than 45 cubic feet of water volume while it is in operation; the livebox of a fish wheel must be checked at least once every six hours while the fish wheel is in operation and all salmon, other than king salmon, that are in the livebox must be released to the water alive as specified by the commissioner in the emergency order;

(B) a person may operate a fish wheel without a livebox only if

(i) the fish wheel is equipped with a chute that returns fish captured by the fish wheel to the water alive;

(ii) the person closely attends the fish wheel while it is in operation; and

(iii) the person returns all salmon specified by the commissioner caught to the water alive;

(3) for beach seine gear: any salmon specified by the commissioner in the emergency order taken in beach seine gear must be returned alive to the water;

(4) for dip nets: a person may fish for salmon with a dip net, and all salmon specified by the commissioner caught in a dip net must be released immediately and returned alive to the water.

(n) Notwithstanding (b) and (j) of this section, during times when the commissioner determines that it is necessary for the conservation of king salmon, the commissioner, by emergency order, may close the fishing season in any portion of the Kuskokwim Area and immediately reopen the season in that portion during which one or more of the following gear limitations may be implemented:

(1) for gillnets;

(A) a gillnet mesh size may not exceed six inches;

(B) a gillnet mesh size may not exceed four inches and the gillnet may only be operated as a set gillnet; no part of a set gillnet may be more than 100 feet from the ordinary high water mark;

(C) gillnet mesh size may not exceed six inches and the gillnet may only be operated as a set gillnet; no part of a set gillnet may be more than 100 feet from the ordinary high water mark;

(D) a gillnet may not exceed the length specified by the commissioner in the emergency order, except that a longer gillnet may be used if no more than the specified length of the gillnet is in a fishing condition and the remainder of the gillnet is tied up or secured so that it is not in the water in a fishing condition;

(2) for fish wheels:

(A) except as provided in (B) of this paragraph, a fish wheel used to take fish must be equipped with a livebox that is constructed so that it contains no less than 45 cubic feet of water volume while it is in operation; the livebox of a fish wheel must be checked at least once every six hours while the fish wheel is in operation, and all king salmon in the livebox must be returned alive to the water;

(B) a person may operate a fish wheel without a livebox only if

(i) the fish wheel is equipped with a chute that returns fish captured by the fish wheel to the water alive;

(ii) the person closely attends the fish wheel while it is in operation; and

(iii) the person returns all king salmon caught to the water alive;

(3) for beach seine gear: any king salmon taken in beach seine gear must be released immediately and returned alive to the water;

(4) for dip nets: a person may fish for salmon with a dip net and all king salmon caught in a dip net must be released immediately and returned alive to the water.

(o) For the purposes of this section, a "livebox" is a submerged container, that is attached to a fish wheel and that will keep fish caught by the fish wheel alive.

(p) A beach seine may not exceed

(1) 50 fathoms in length;

(2) 100 meshes in depth;

(3) a mesh size of three and one-half inches stretched measure.

(q) In District 4 between June 1 and July 15, only one gillnet may be operated per vessel.

History

Authority: AS 16.05.060; AS 16.05.251; AS 16.05.258

5 AAC 01.271 Identification of gear {#sec-5-aac-01.271 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.271}

In addition to the requirements of 5 AAC 01.010(h),

(1) each fish wheel must have the first initial, last name and address of the operator plainly and legibly inscribed on the side of the fish wheel facing midstream of the river;

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.275 Waters closed to subsistence fishing {#sec-5-aac-01.275 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.275}

(a) Repealed 4/15/81.

(b) The commissioner may, by emergency order, close the Goodnews River to the subsistence taking of fish by nets east of a line between ADF&G regulatory markers placed near the mouth of the Ufigag River and an ADF&G regulatory marker placed near the mouth of the Tunulik River before, during, and after each open commercial salmon fishing period.

(c) The commissioner may, by emergency order, close the Kanektok River to the subsistence taking of fish by nets upstream of ADF&G regulatory markers placed near the mouth before, during, and after each open commercial salmon fishing period.

(d) The commissioner may, by emergency order, close the Arolik River to the subsistence taking of fish by nets upstream of ADF&G regulatory markers placed near the mouth before, during, and after each open commercial salmon fishing period.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.280 Subsistence fishing permits {#sec-5-aac-01.280 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.280}

Fish may be taken for subsistence purposes without a subsistence fishing permit, except as otherwise provided in this section.

(1) Starting in the 2018 fishing season, during times when the commissioner determines it is necessary for the conservation of king salmon, the commissioner may, by emergency order, require that in the Kuskokwim River drainage, upstream of a line between ADF&G regulatory markers at the Yukon Delta National Wildlife Refuge Boundary near Aniak, king salmon may be taken only under the authority of a subsistence fishing permit with the following conditions:

(A) annual limit of 10 king salmon;

(B) fishing under the permit may not commence until the subsistence king salmon fishery opens after June 11 as described in 5 AAC 07.365;

(C) the commissioner may, by emergency order, implement one or more of the gear limitations specified in 5 AAC 01.270(n)(1) for fishing under the permit;

(D) permit holders must complete and return permits, including daily records of king salmon harvested, each year by October 31;

(E) once the annual limit is reached, additional king salmon may not be taken except in compliance with all applicable regulations and emergency orders;

(F) only one permit may be issued to a household each year;

(2) the provisions of (1) of this section do not apply after December 31, 2022.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.284 Limitations on subsistence fishing with hook and line gear {#sec-5-aac-01.284 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.284}

History

Authority: AS 16.05.060; AS 16.05.251; AS 16.05.258
Eff. 12/29/2002, Register 164

5 AAC 01.285 Limitations on participation in subsistence finfish fisheries {#sec-5-aac-01.285 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.285}

Repealed 5/15/93.

5 AAC 01.286 Customary and traditional subsistence uses of fish stocks and amounts necessary for subsistence uses {#sec-5-aac-01.286 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.286}

(a) The Alaska Board of Fisheries (board) finds that the following fish stocks are customarily and traditionally taken or used for subsistence:

(1) halibut, Pacific cod, and all other finfish, except as specified in (2) - (4) of this subsection, in the Kuskokwim Area;

(2) salmon in the Kuskokwim Area, except the Kuskokwim River drainage;

(3) king, chum, sockeye, coho, and pink salmon in the Kuskokwim River drainage;

(4) herring and herring roe, along the coast between the westernmost tip of the Naskonat Peninsula and the terminus of the Ishowik River, and along the coast of Nunivak Island.

(b) The board finds that the following amounts of fish are reasonably necessary for subsistence uses:

(1) 67,200 - 109,800 king salmon in the Kuskokwim River drainage;

(2) 41,200 - 116,400 chum salmon in the Kuskokwim River drainage;

(3) 32,200 - 58,700 sockeye salmon in the Kuskokwim River drainage;

(4) 27,400 - 57,600 coho salmon in the Kuskokwim River drainage;

(5) 500 - 2,000 pink salmon in the Kuskokwim River drainage;

(6) 6,900 - 17,000 salmon in Districts 4 and 5, combined;

(7) 12,500 - 14,400 salmon in the remainder of the Kuskokwim Area.

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 5/15/93, Register 126; am 6/10/98, Register 146; am 6/17/2001, Register 158; am 4/13/2013, Register 206

5 AAC 01.295 Aniak River bag and possession limits {#sec-5-aac-01.295 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.295}

From June 1 through August 31, when subsistence fishing with a hook and line attached to a rod or pole, in that portion of the Aniak River drainage upstream of Doestock Creek,

(1) the bag and possession limit is as specified by species in 5 AAC 71.010, except that the bag and possession limit for king salmon is two fish, with no size and annual limits; and

(2) rainbow trout may not be retained.

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 7/5/2000, Register 155; am 6/17/2001, Register 158; am 7/8/2001, Register 159; am 12/1/2004, Register 172; am 6/7/2007, Register 182; am 3/14/2009, Register 189

5 AAC 01.299 Kuskokwim River drainage king salmon possession limits {#sec-5-aac-01.299 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.299}

Expired.

Article 6 Bristol Bay Area

5 AAC 01.300 Description of Bristol Bay Area {#sec-5-aac-01.300 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.300}

The Bristol Bay Area consists of all waters of Bristol Bay including drainages enclosed by a line from Cape Newenham at 58° 38.88' N. lat., 162° 10.51' W. long. to Cape Menshikof at 57° 28.34' N. lat., 157° 55.84' W. long.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.305 Description of districts {#sec-5-aac-01.305 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.305}

Districts and sections for salmon, halibut, bottomfish, and other finfish fisheries are described in 5 AAC 06.200. The districts and sections for herring, herring spawn on kelp, and capelin fisheries are described in 5 AAC 27.805.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.310 Fishing seasons and periods {#sec-5-aac-01.310 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.310}

(a) Unless restricted in this section and 5 AAC 01.325, by emergency order, or unless restricted under the terms of a subsistence fishing permit, fish, other than rainbow trout, may be taken at any time in the Bristol Bay Area.

(b) In all commercial salmon districts, except for special harvest areas, from May 1 through May 31 and October 1 through October 31, subsistence fishing for salmon is permitted from 9:00 a.m. Monday until 9:00 a.m. Friday. From June 1 through September 30, within the waters of a commercial salmon district, except for special harvest areas, salmon may be taken only during open commercial fishing periods. In the Nushagak District, the commissioner, by emergency order, shall also provide for subsistence salmon fishing during periods of extended closures. During these emergency order openings,

(1) set gillnets may not be more than 10 fathoms in length; and

(2) no set gillnet may be set or operated within 450 feet of another set gillnet;

(3) repealed 5/15/93.

(d) In all waters upstream of a line from a point approximately two miles south of Bradford Point at 58° 58.63' N. lat., 158° 33.62' W. long., to Nushagak Point at 58° 56.79' N. lat., 158° 29.53' W. long., to a point at Red Bluff on the west shore of the Wood River at 59° 09.58' N. lat., 158° 32.36' W. long., and to Lewis Point on the north shore on the Nushagak River at 58° 59.46' N. lat., 158° 05.57' W. long., salmon may be taken at any time.

(e) Repealed 4/16/2016.

(f) Under conditions set out in 5 AAC 06.361(e), the commissioner may, by emergency order, reduce time or area for the Nushagak River king salmon subsistence fishery.

(g) Rainbow trout taken incidentally in other subsistence finfish net fisheries and through the ice, are lawfully taken and may be retained for subsistence purposes.

(h) On the north shore of the Naknek River, from an ADF&G regulatory marker located approximately 300 feet upstream from the north commercial fishing section boundary marker to an ADF&G regulatory marker located approximately 1,300 feet upstream from the north commercial fishing section boundary marker, salmon may be taken only by a person 60 years of age or older from June 23 through July 17, except that a person authorized to take salmon under this subsection may not authorize a proxy to take or attempt to take salmon on behalf of the person under AS 16.05.405 or 5 AAC 01.011.

History

Authority: AS 16.05.060; AS 16.05.251; AS 16.05.258

5 AAC 01.320 Lawful gear and gear specifications {#sec-5-aac-01.320 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.320}

(a) Within any district, salmon, herring, and capelin may be taken only by drift and set gillnets.

(b) Outside the boundaries of any district and within the Naknek, Alagnak, Kvichak, and Wood River sockeye salmon special harvest areas, salmon may only be taken by set gillnet, except that salmon may also be taken by dip nets in the waters described in 5 AAC 01.310(d) if fishing other than from a vessel, and salmon may also be taken as follows:

(1) in the Togiak River,

(A) excluding its tributaries, by spear;

(B) between the mouth of the river and upstream approximately two miles to a line across the river at 59° 05.50' N. lat., by a drift gillnet that is not more than 10 fathoms in length;

(2) from August 30 through December 31, by spear, dip net, beach seine, and gillnet

(A) along the west shore of Naknek Lake near the outlet to the Naknek River between a line from 58° 41.10' N. lat., 156° 25.84' W. long. to 58° 40.99' N. lat., 156° 25.46' W. long. upstream to a line from 58° 41.36' N. lat., 156° 25.81' W. long. to 58° 41.13' N. lat., 156° 25.85' W. long.;

(B) at Johnny's Lake on the northwestern side of Naknek Lake;

(3) from September 18 through December 31, by spear, dip net, beach seine, and gillnet at the mouth of Brooks River at Naknek Lake; and

(4) at locations and times specified in (2) and (3) of this subsection,

(A) a gillnet may not exceed five fathoms in length and may not be anchored or tied to a stake or peg; and

(B) the permit holder must be present at the net while the net is being fished;

(5) by spear in Lake Clark, excluding its tributaries;

(6) by gillnet and beach seine in Iliamna Lake, Six Mile Lake, and Lake Clark;

(7) by dip net in the Igushik, Weary, and Snake Rivers upstream of the commercial fishing district; a dip net may not be operated from a vessel.

(c) Except as specified in (b) of this section, the maximum lengths for gillnets and beach seines used to take salmon are as follows:

(1) set gillnets may not exceed 10 fathoms in length in

(A) the Naknek, Egegik, and Ugashik Rivers;

(B) the Nushagak District during the emergency order subsistence openings described in 5 AAC 01.310(b);

(C) all waters of Nushagak Bay upstream of a line from a point approximately two miles south of Bradford Point at 58° 58.63' N. lat., 158° 33.62' W. long. to Snag Point at 59° 03.18' N. lat., 158° 25.59' W. long.;

(D) repealed 5/31/98;

(2) in the remaining waters of the Wood River and Nushagak River not described in (c)(1)(C) of this section, set gillnets may not exceed 25 fathoms in length;

(3) beach seines may not exceed 25 fathoms in length.

(d) No part of a set gillnet may be operated within 300 feet of any part of another set gillnet, except that

(1) in the Nushagak District from a point approximately two miles south of Bradford Point at 58° 58.63' N. lat., 158° 33.62' W. long., to Snag Point at 59° 03.18' N. lat., 158° 25.59' W. long., no part of a set gillnet may be operated within 100 feet of any part of another set gillnet;

(2) on the north shore of the Naknek River, from an ADF&G regulatory marker located approximately 300 feet upstream from the north commercial fishing section boundary marker to an ADF&G regulatory marker located approximately 1,300 feet upstream from the north commercial fishing section boundary marker, no part of a set gillnet may be operated within 100 feet of any part of another set gillnet;

(3) in the Naknek River Special Harvest Area described in 5 AAC 06.360(b), when it is open to commercial set gillnet gear, no part of a set gillnet may be operated within 150 feet of any part of another set gillnet; when the Naknek-Kvichak District reopens to commercial set gillnet gear, the 300-foot restriction for subsistence set gillnets in this subsection will apply in the Naknek River Special Harvest Area.

(e) A set gillnet may not obstruct more than one-half the width of a stream and any channel or side channel of a stream.

(f) Each set gillnet must be staked and buoyed. Instead of complying with 5 AAC 01.010(h), a subsistence fisherman may plainly and legibly inscribe that person's first initial, last name, and subsistence permit number on a sign at or near the set gillnet.

(g) No person may operate or assist in operating subsistence salmon net gear while simultaneously operating or assisting in operating commercial salmon net gear.

(h) Fish, other than salmon, herring, capelin, and halibut, may be taken by gear listed in 5 AAC 01.010(a) unless restricted under the terms of a subsistence fishing permit.

(i) Herring spawn on kelp may be taken only by hand picking and hand operated rakes.

(j) During closed commercial herring fishing periods gillnets used for the subsistence taking of herring or capelin may not exceed 25 fathoms in length.

(k) Halibut may be taken only with a single hand-held line with no more than two hooks attached.

(l) Subsistence fishing by the use of a hook and line attached to a rod or pole is prohibited, except when fishing through the ice.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.325 Waters closed to subsistence fishing {#sec-5-aac-01.325 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.325}

(a) Except for the western shore of the Newhalen River, waters within 300 feet of a stream mouth used by salmon are closed to the subsistence taking of fish.

(b) Unless otherwise specified in 5 AAC 01.320, gillnets are prohibited in all waters of the Naknek River drainage upstream of Savonaski, from June 1 through October 1.

(c) From September 1 through June 14, subsistence fishing with a net is prohibited in the following waters and within one-fourth mile of the terminus of those waters:

(1) Lower Talarik Creek;

(2) Middle Talarik Creek;

(3) Upper Talarik Creek;

(4) Pete Andrew Creek;

(5) Zacker Creek;

(6) Newhalen River;

(7) Roadhouse Creek;

(8) Alexi Creek;

(9) Taziminia River;

(10) Young's Creek;

(11) Chekok Creek;

(12) Tomkok Creek;

(13) Nick G. Creek;

(14) Copper River;

(15) Kakhonak River;

(16) Gibralter River;

(17) Dennis Creek;

(18) Belinda Creek.

(d) Waters described in 5 AAC 27.850 are closed to the taking of herring and capelin.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.330 Subsistence fishing permits {#sec-5-aac-01.330 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.330}

(a) Salmon may only be taken under authority of a subsistence fishing permit.

(b) Repealed 4/15/81.

(d) Repealed 4/16/2023.

(e) Repealed 4/2/88.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.335 Limits on participation in subsistence finfish fisheries {#sec-5-aac-01.335 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.335}

Repealed 5/15/93.

5 AAC 01.336 Customary and traditional subsistence uses of fish stocks and amounts necessary for subsistence uses {#sec-5-aac-01.336 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.336}

(a) The Alaska Board of Fisheries (board) finds that the following fish stocks are customarily and traditionally taken or used for subsistence in the Bristol Bay Area:

(1) all finfish;

(2) herring spawn on kelp in the waters of the Togiak District as described in 5 AAC 27.805(a).

(b) The board finds that:

(1) 157,000 - 172,171 salmon are reasonably necessary for subsistence uses in the Bristol Bay Area, including 55,000 - 65,000 Kvichak River drainage sockeye salmon; this finding does not include salmon stocks in the Alagnak River;

(2) 250,000 usable pounds of finfish other than salmon are reasonably necessary for subsistence uses in the Bristol Bay Area;

(3) 4,100 - 12,700 usable pounds of herring spawn on kelp are reasonably necessary for subsistence uses in the Togiak District as described in 5 AAC 27.805(a).

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 5/15/93, Register 126; am 7/3/94, Register 130; am 6/17/2001, Register 158; am 4/16/2016, Register 218

5 AAC 01.340 Marking of subsistence-taken salmon {#sec-5-aac-01.340 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.340}

In the Togiak River drainage, a person may not possess

(1) coho salmon taken under the authority of a subsistence fishing permit unless both lobes of the caudal fin (tail) or the dorsal fin have been removed;

(2) salmon taken under authority of a subsistence fishing permit with a drift gillnet unless both lobes of the caudal fin (tail) or the dorsal fin have been removed.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.345 Subsistence bag and possession limits {#sec-5-aac-01.345 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.345}

(a) The total annual possession limit for sockeye salmon taken after August 15 in the Naknek District is 200 sockeye salmon.

(b) The daily bag limit for halibut is two, and the possession limit is two daily bag limits. No person may possess sport-taken and subsistence-taken halibut on the same day.

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 4/12/82, Register 82; am 4/2/88, Register 105; am 6/2/88, Register 106; readopt 5/15/93, Register 126; am 5/31/98, Register 146

5 AAC 01.349 Prohibitions {#sec-5-aac-01.349 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.349}

(a) In the Bristol Bay Area, an owner, operator, or employee of a lodge, charter vessel, or other enterprise that furnishes food, lodging, or sport fishing guide services, as defined in 5 AAC 75.995, may not furnish to a client or guest of that enterprise, finfish that has been taken under this chapter, unless the

(1) finfish has been taken with gear deployed and retrieved by the client or guest;

(2) gear has been marked with the client's or guest's name and address, as specified in 5 AAC 01.010(h) and 5 AAC 01.320(f); and

(3) finfish is consumed by the client or guest or is consumed in the presence of the client or guest.

(b) The owner, operator, or employee of a lodge, charter vessel, or other enterprise that furnishes food, lodging, or sport fishing guide services, as defined in 5 AAC 75.995, may not deploy, set, or retrieve their own gear, or take finfish, in a subsistence finfish fishery when a client or guest of that enterprise has subsistence fishing gear deployed or is in possession of subsistence-taken finfish that are stored at the lodge or enterprise.

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 3/30/2007, Register 181

Article 7 Aleutian Islands Area

5 AAC 01.350 Description of Aleutian Islands Area {#sec-5-aac-01.350 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.350}

The Aleutian Islands Area includes the waters of Alaska in and surrounding the Aleutian Islands west of Cape Sarichef Light and west of a line extending from Scotch Cap through the easternmost tip of Ugamak Island, including the waters in and surrounding the Pribilof Islands.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.355 Description of districts {#sec-5-aac-01.355 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.355}

Districts are

(1) as described in 5 AAC 12.200; and

(2) Atka-Amlia Islands District: the waters described in 5 AAC 11.101.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.360 Fishing seasons {#sec-5-aac-01.360 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.360}

(a) In the Unalaska District, salmon may be taken for subsistence purposes from 6:00 a.m. until 9:00 p.m. from January 1 through December 31, except

(1) that from June 1 through September 15, a salmon seine vessel may not be used to take salmon for subsistence purposes during the 24 hours before and 12 hours after an open commercial salmon fishing period within an area open to commercial salmon fishing;

(2) as may be specified on a subsistence fishing permit; or

(3) repealed 5/30/2007;

(4) in the waters closed to subsistence fishing as specified in 5 AAC 01.375.

(b) In the Adak, Akutan, Atka-Amlia Islands, and Umnak Districts, salmon may be taken at any time.

(c) Fish, other than salmon, rainbow trout, and steelhead trout, may be taken at any time unless restricted under the terms of a subsistence fishing permit. Rainbow trout and steelhead trout, taken incidentally in other subsistence finfish net fisheries are lawfully taken and may be retained for subsistence purposes.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.365 Limitations on participation in subsistence finfish fisheries {#sec-5-aac-01.365 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.365}

Repealed 5/15/93.

5 AAC 01.366 Customary and traditional subsistence uses of fish stocks and amounts necessary for subsistence uses {#sec-5-aac-01.366 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.366}

(a) The Alaska Board of Fisheries (board) finds that halibut and all other finfish in the Aleutian Islands Area and the waters surrounding the Pribilof Islands are customarily and traditionally taken or used for subsistence.

(b) The board finds that:

(1) 13,500 - 23,000 salmon are reasonably necessary for subsistence uses in the Aleutian Islands Area;

(2) 200,000 - 330,000 usable pounds of finfish other than salmon are reasonably necessary for subsistence uses in the Aleutian Islands Area.

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 5/15/93, Register 126; am 5/31/98, Register 146; am 5/30/2007, Register 182

5 AAC 01.370 Lawful gear and gear specifications {#sec-5-aac-01.370 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.370}

(a) Salmon may be taken by seine and gillnet, or with gear specified on a subsistence fishing permit.

(b) Fish other than salmon may be taken by gear specified in 5 AAC 01.010(a), unless restricted under the terms of a subsistence fishing permit.

(d) In the Unalaska District, a subsistence permit holder fishing with a net must be physically present at the net at all times when the net is being used for fishing.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.375 Waters closed to subsistence fishing {#sec-5-aac-01.375 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.375}

The following waters are closed to subsistence fishing for salmon:

(1) waters of Unalaska Lake (at the city of Unalaska), its tributaries and outlet stream, and waters between Unalaska and Amaknak Islands, including Margaret's Bay, west of a line from the "Bishop's House" at 53° 52.64' N. lat., 166° 32.30' W. long. to a point on Amaknak Island at 53° 52.82' N. lat., 166° 32.13' W. long., and north of line from a point south of Agnes Beach at 53° 52.28' N. lat., 166° 32.68' W. long. to a point at 53° 52.35' N. lat., 166° 32.95' W. long. on Amaknak Island;

(2) within Unalaska Bay south of a line from the northern tip of Cape Cheerful to the northern tip of Kalekta Point: waters are closed to subsistence salmon fishing within 250 yards of any anadromous stream, except the outlet stream of Unalaska Lake, which is closed under (1) of this section;

(3) waters of Summers and Morris Lakes and their tributaries and outlet streams;

(4) all anadromous streams flowing into Unalaska Bay south of a line from the northern tip of Cape Cheerful to the northern tip of Kalekta Point;

(5) waters of McLees Lake and its tributaries and its outlet stream; in the waters of Reese Bay from July 1 through July 9, salmon may not be taken within 500 yards of the outlet stream terminus to McLees Lake;

(6) the following waters of and around Adak Island and Kagalaska Island in the Adak District:

(A) all freshwater; and

(B) all salt waters within 100 yards of a stream terminus.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.380 Subsistence fishing permits {#sec-5-aac-01.380 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.380}

(a) Salmon, trout, and char may be taken only under the terms of a subsistence fishing permit, except that a permit is not required in the Akutan, Umnak, and Atka-Amlia Islands Districts.

(b) No more than 250 salmon may be taken for subsistence purposes unless otherwise specified on the subsistence fishing permit, except that in the Unalaska and Adak Districts,

(1) the holder of a subsistence salmon fishing permit may take no more than 25 salmon, of which no more than 10 sockeye salmon may be harvested from Front Beach in Unalaska Bay, plus an additional 25 salmon for each member of the same household whose name is listed on the permit, of which no more than 10 sockeye salmon may be harvested from Front Beach in Unalaska Bay; in this section, "Front Beach" means all Unalaska Bay waters south of a line from a point near the Bishop's House at 53° 52.64' N. lat., 166° 32.30' W. long., to a point on the Unalaska Bay shore at 53° 52.68' N. lat., 166° 30.91' W. long; and

(2) a permit holder may obtain an additional permit from the department to harvest more salmon other than sockeye salmon from Front Beach in Unalaska Bay.

(c) A record of subsistence-caught fish must be kept on the permit. The record must be completed immediately upon taking subsistence-caught fish and must be returned to the local representative of the department no later than October 31.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.390 Bag and possession limits {#sec-5-aac-01.390 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.390}

The daily bag limit for halibut is two fish and the possession limit is two daily bag limits. No person may possess sport-taken and subsistence-taken halibut on the same day.

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 6/2/88, Register 106; readopt 5/15/93, Register 126

Article 8 Alaska Peninsula Area

5 AAC 01.400 Description of Alaska Peninsula Area {#sec-5-aac-01.400 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.400}

The Alaska Peninsula Area consists of all waters of Alaska on the north side of the Alaska Peninsula southwest of a line from Cape Menshikof (57° 28.34' N. lat., 157° 55.84' W. long.) to Cape Newenham (58° 39.00' N. lat., 162° W. long.) and east of the longitude of Cape Sarichef Light (164° 55.70' W. long.) and on the south side of the Alaska Peninsula from a line extending from Scotch Cap through the easternmost tip of Ugamak Island to a line extending 135° southeast from Kupreanof Point (55° 33.98' N. lat., 159° 35.88' W. long.).

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.405 Description of districts and sections in the Alaska Peninsula Area {#sec-5-aac-01.405 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.405}

Subsistence fishing districts and sections in the Alaska Peninsula Area are as described in 5 AAC 09.200.

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 6/4/2004, Register 170

5 AAC 01.410 Fishing seasons {#sec-5-aac-01.410 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.410}

(a) In the Alaska Peninsula Area, salmon may be taken at any time, except

(1) in those districts and sections open to commercial salmon fishing, a commercial salmon fishing permit holder may not subsistence fish for salmon during the 24 hours before a commercial salmon fishing period or the 12 hours following the closure of a commercial salmon fishing period; however, a commercial salmon fishing permit holder may choose to subsistence fish instead of commercial fish for salmon during a commercial salmon fishing period;

(2) as otherwise specified on a subsistence fishing permit; and

(3) in the waters closed to subsistence fishing for salmon specified in 5 AAC 01.425.

(b) Fish, other than salmon, rainbow trout, and steelhead trout, may be taken at any time unless restricted under the terms of a subsistence fishing permit. Rainbow trout and steelhead trout, taken incidentally in other subsistence finfish net fisheries or through the ice, are lawfully taken and may be retained for subsistence purposes.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.415 Limitations on participation in subsistence finfish fisheries {#sec-5-aac-01.415 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.415}

Repealed 5/15/93.

5 AAC 01.416 Customary and traditional subsistence uses of fish stocks and amounts necessary for subsistence uses {#sec-5-aac-01.416 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.416}

(a) The Alaska Board of Fisheries (board) finds that halibut and all other finfish in the Alaska Peninsula Area are customarily and traditionally taken or used for subsistence.

(b) The board finds that:

(1) 34,000 - 56,000 salmon are reasonably necessary for subsistence uses in the Alaska Peninsula Area;

(2) 47,000 - 79,000 pounds of finfish other than salmon are reasonably necessary for subsistence uses in the Alaska Peninsula Area.

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 5/15/93, Register 126; am 5/31/98, Register 146; am 6/4/2004, Register 170

5 AAC 01.420 Lawful gear and gear specifications {#sec-5-aac-01.420 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.420}

(a) Salmon may be taken only by seine and gillnet, or with gear specified on a subsistence fishing permit.

(b) Fish other than salmon may be taken by gear specified in 5 AAC 01.010(a) unless restricted under the terms of a subsistence fishing permit.

(c) In waters open to commercial salmon fishing, salmon may be taken only with a set or drift gillnet that does not exceed 50 fathoms in total length.

(d) Except as specified in (a) and (c) of this section, a permit holder may not operate a

(1) set gillnet that is more than 100 fathoms in length; and

(2) drift gillnet that is more than 200 fathoms in length.

(e) A purse seine or hand purse seine may not exceed 250 fathoms in length or 375 meshes in depth. Seine mesh size may not exceed three and one-half inches stretched measure, except that the first 25 meshes above the leadline may not exceed seven inches stretched measure.

(f) A person may not operate subsistence fishing gear within 100 feet of a set gillnet.

(g) Halibut may be taken for subsistence purposes only by a single handheld line with no more than two hooks attached.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.423 Special provisions for subsistence finfish fishing {#sec-5-aac-01.423 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.423}

(a) The special provisions in this section for subsistence finfish fishing in the Alaska Peninsula Area apply as follows:

(1) in Mortensens Lagoon,

(A) a gillnet may not exceed 15 fathoms in length;

(B) no more than 50 salmon may be taken per permit;

(2) in the False Pass vicinity, in those waters bounded by the latitude of Whirl Point (54° 49.50' N. lat.) and the latitude of Morzhovoi Village (54° 54.58' N. lat.), a gillnet may not exceed 50 fathoms in length;

(3) in the fresh waters of Bear River, upstream of the confluence of the Milky River, also known as the Mad Sow River, salmon may be taken only with the gear specified on the subsistence fishing permit;

(4) in the fresh waters of Sandy River, upstream from the Sandy River aircraft landing strip located at 56° 13.70' N. lat., 160° 13.55' W. long., which is approximately five miles east of the stream terminus, salmon may be taken only with the gear specified on the subsistence fishing permit.

(b) In the Alaska Peninsula Area, the commissioner may close, by emergency order, the subsistence fishing season and immediately reopen a season during which different or additional conditions apply to provide more opportunity for subsistence fishing or to protect the fishery resource.

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 6/4/2004, Register 170

5 AAC 01.425 Waters closed to subsistence fishing {#sec-5-aac-01.425 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.425}

The following waters are closed to subsistence fishing for salmon:

(1) Russell Creek and Nurse Lagoon and within 500 yards from the stream terminus of Russell Creek and Nurse Lagoon;

(2) Trout Creek and within 500 yards outside its mouth;

(3) inshore of a line from the Trident Seafood's Dock at Sand Point to Black Point located on the northwest side of Popof Island, including the inlet and Humboldt Creek;

(4) in the Black Hills Section, all fresh waters and within 500 yard of any anadromous salmon stream terminus;

(5) in the Bear River Section, the waters of Frank's Lagoon and King Salmon River;

(6) the waters specified in 5 AAC 39.290;

(7) for a commercial salmon fishing permit holder or a commercial crewmember license holder in the commercial salmon fishery, the waters specified in 5 AAC 09.350 during an open commercial salmon fishing period.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.427 Identification of subsistence fishing gear {#sec-5-aac-01.427 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.427}

A buoy attached to one end of gillnet subsistence fishing gear must have printed on it the first initial, last name, and address of the subsistence permit holder, or the ADF&G number of the vessel used to operate the gear, in numbers and letters that are

(1) at least one inch high;

(2) in a color that contrasts with the background; and

(3) plainly visible when the gear is in the water.

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 6/4/2004, Register 170

5 AAC 01.430 Subsistence fishing permits {#sec-5-aac-01.430 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.430}

(a) Salmon, trout, and char may only be taken under the authority of a subsistence fishing permit. The department will only issue one permit per household.

(b) No more than 250 salmon may be taken for subsistence purposes, per household, unless otherwise specified by a local representative of the department on the subsistence fishing permit. A permit holder may obtain an additional permit from the department.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.435 Marking and use of subsistence-taken salmon {#sec-5-aac-01.435 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.435}

(a) In the Alaska Peninsula Area, a person may not possess salmon taken under the authority of a subsistence fishing permit unless the dorsal fin has been removed immediately after harvest.

(b) A person may not sell or purchase salmon from which the dorsal fin has been removed.

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 6/4/2004, Register 170

5 AAC 01.440 Bag and possession limits {#sec-5-aac-01.440 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.440}

The daily bag limit for halibut is two fish and the possession limit is two daily bag limits. No person may possess sport-taken and subsistence-taken halibut on the same day.

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 6/2/88, Register 106; readopt 5/15/93, Register 126

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.465 Limitations on participation in subsistence finfish fisheries {#sec-5-aac-01.465 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.465}

Repealed 5/13/93.

5 AAC 01.466 Customary and traditional subsistence uses of fish stocks and amounts necessary for subsistence uses {#sec-5-aac-01.466 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.466}

(a) The Alaska Board of Fisheries (board) finds that salmon and finfish other than salmon are customarily and traditionally taken or used for subsistence in the Chignik Area.

(b) The board finds that the following amounts of salmon and other finfish are reasonably necessary for subsistence uses in the following locations:

(1) in the Perryville and Western Districts, combined:

(A) 1,400 - 2,600 coho salmon;

(B) 1,400 - 2,600 salmon, other than coho salmon;

(2) in the Chignik Bay, Central, and Eastern Districts, combined:

(A) 2,900 - 5,400 early-run sockeye salmon;

(B) 3,200 - 6,000 late-run sockeye salmon;

(D) 400 - 700 salmon, other than sockeye and king salmon;

(3) in the Chignik Area:

(A) 200 - 300 rainbow/steelhead trout;

(B) 15,200 - 22,800 pounds of usable weight of finfish, other than salmon.

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 5/13/93, Register 126; am 5/4/2002, Register 162; am 5/31/2019, Register 230

5 AAC 01.470 Lawful gear and gear specifications {#sec-5-aac-01.470 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.470}

(a) Salmon may be taken by seines and gillnets, or with gear specified on a subsistence fishing permit, except that in Chignik Lake salmon may not be taken with purse seines. A gillnet may not be set, staked, anchored, or otherwise fixed in a stream while it obstructs more than one-half of the width of the waterway and any channel or side channel of the waterway.

(b) Fish other than salmon may be taken by gear listed in 5 AAC 01.010(a), unless restricted under the terms of a subsistence fishing permit.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.475 Waters closed to subsistence fishing {#sec-5-aac-01.475 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.475}

Salmon may not be taken

(1) from July 1 through August 31, in the Chignik River from a point 300 feet upstream from the Chignik weir to Chignik Lake;

(2) in Black Lake, or any tributary to Black Lake or Chignik Lake, except the waters of Clark River and Home Creek, from each of their confluences with Chignik Lake to a point one mile upstream.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.480 Subsistence fishing permits {#sec-5-aac-01.480 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.480}

(a) Salmon, trout and char may only be taken under the authority of a subsistence fishing permit.

(b) Not more than 250 salmon may be taken for subsistence purposes unless otherwise specified on the subsistence fishing permit.

(c) A subsistence fishermen shall keep a record of the number of subsistence fish taken by that subsistence fisherman each year. The number of subsistence fish taken shall be recorded on the permit. The record must be completed immediately upon landing subsistence-caught fish, and must be returned to the local representative of the department by December 31 of the year the permit was issued.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.485 Restrictions on commercial fishermen {#sec-5-aac-01.485 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.485}

In the Chignik Area, a commercial salmon fishing permit holder may not subsistence fish for salmon during the 12 hours before a commercial salmon fishing period or the 12 hours following the closure of a commercial salmon fishing period. However, a commercial salmon fishing permit holder may choose to subsistence fish instead of commercial fish for salmon during a commercial salmon fishing period.

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 5/11/85, Register 94; am 5/13/93, Register 126; am 3/13/2005, Register 173; am 5/26/2006, Register 178; am 6/5/2016, Register 218

5 AAC 01.490 Bag and possession limits {#sec-5-aac-01.490 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.490}

The daily bag limit for halibut is two fish and the possession limit is two daily bag limits. No person may possess sport-taken and subsistence-taken halibut on the same day.

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 6/2/88, Register 106; readopt 5/13/93, Register 126

Article 10 Kodiak Area

5 AAC 01.500 Description of Kodiak Area {#sec-5-aac-01.500 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.500}

The Kodiak Area includes all waters of Alaska south of a line extending from Cape Douglas (58° 51.10' N. lat.), west of 150° W. long., north of 55° 30.00' N. lat., and north and east of a line extending 135° southeast for three miles from a point near Kilokak Rocks at 57° 10.34' N. lat., 156° 20.22' W. long. (the longitude of the southern entrance of Imuya Bay), then due south.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.506 Use of global positioning system (GPS) {#sec-5-aac-01.506 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.506}

In the Kodiak Area, boundaries, lines, and coordinates are identified with the global positioning system (GPS). If the global positioning system is not operating, the boundaries, lines, and coordinates are as identified by ADF&G regulatory markers.

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 4/9/2005, Register 174

5 AAC 01.510 Fishing seasons {#sec-5-aac-01.510 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.510}

(a) Salmon may be taken for subsistence purposes from 6:00 a.m. until 9:00 p.m. from January 1 through December 31, with the following exceptions:

(1) from June 1 through September 15, salmon seine vessels may not be used to take subsistence salmon for 24 hours before, during, and for 24 hours after any open commercial salmon fishing period;

(2) from June 1 through September 15, purse seine vessels may be used to take salmon only with gillnets and no other type of salmon gear may be on board the vessel.

(b) Repealed 6/30/83.

(c) Fish, other than salmon, rainbow trout, steelhead trout, lingcod, and herring, may be taken at any time unless restricted by the terms of a subsistence fishing permit. Rainbow trout and steelhead trout taken incidentally in other subsistence finfish net fisheries are lawfully taken and may be retained for subsistence purposes. Lingcod and rockfish taken incidentally in other subsistence finfish fisheries are lawfully taken and may be retained for subsistence purposes, except that

(1) lingcod may be taken only from July 1 through December 31; and

(2) a person may take no more than two lingcod and 10 rockfish incidentally per day under this subsection.

(d) Lingcod may be taken for subsistence purposes only from July 1 through December 31.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.520 Lawful gear and gear specifications {#sec-5-aac-01.520 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.520}

(a) Unless restricted by this section or under the terms of a subsistence fishing permit, fish may be taken by gear listed in 5 AAC 01.010(a).

(b) Salmon may be taken only by gillnet and seine. Gillnet and seine gear may not be operated in a manner to obstruct more than one-half the width of any waterway and any channel or side channel of a waterway.

(d) Subsistence fishermen must be physically present at the net at all times the net is being fished.

(e) Lingcod may be taken only by a single hand-held line or a single longline, none of which may have more than five hooks attached to it, except that lingcod taken incidentally in another subsistence finfish fishery may be retained for subsistence purposes as described in 5 AAC 01.510(c).

(f) Rockfish may be taken only by a single hand-held line or a single longline, none of which may have more than five hooks attached to it, except that rockfish taken incidentally in another subsistence finfish fishery may be retained for subsistence purposes as described in 5 AAC 01.510(c).

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.525 Waters closed to subsistence fishing {#sec-5-aac-01.525 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.525}

The following waters are closed to the subsistence taking of salmon:

(1) all waters of Near Island Channel that are bounded by a line from a point on Kodiak Island near Delarov Street at 57° 47.62' N. lat., 152° 22.78' W. long., to the northernmost point of Holiday Island at 57° 47.27' N. lat., 152° 22.60' W. long., to a point at the northernmost tip of Near Island at 57° 47.30' N. lat., 152° 23.16' W. long., to a point at the northernmost end of Uski Island south of the Dog Bay small boat harbor entrance at 57° 46.92' N. lat., 152° 24.56' W. long., and north to a point at the tip of the breakwater on Kodiak Island at 57° 47.08' N. lat., 152° 24.60' W. long; in addition, from August 7 through September 30, all waters of Mill Bay and those waters bounded by a line from a point at Spruce Cape at 57° 49.33' N. lat., 152° 19.48' W. long., to the northernmost point of Woody Island at 57° 47.91' N. lat., 152° 19.85' W. long., to a point at the northernmost point of Holiday Island at 57° 47.27' N. lat., 152° 22.60' W. long., and to a point on Kodiak Island near Delarov Street at 57° 47.62' N. lat., 152° 22.78' W. long.;

(2) all freshwater systems of Little Afognak River and Portage Creek drainage in Discoverer Bay;

(3) repealed 4/13/80;

(4) all waters closed to commercial salmon fishing in the Barabara Cove, Chiniak Bay, Saltery Cove, Pasagshak Bay, Monashka Bay and Anton Larsen Bay as described in 5 AAC 18.350, and all waters closed to commercial salmon fishing within 100 yards of the terminus of Selief Bay Creek and north and west of a line from the tip of Last Point to the tip of River Mouth Point in Afognak Bay;

(5) repealed 4/13/80;

(6) all waters 300 yards seaward of the terminus of Monks Creek;

(7) from August 15 through September 30, all waters 500 yards seaward of the terminus of Little Kitoi Creek;

(8) all freshwater systems of Afognak Island;

(9) all waters of Ouzinkie Harbor north of a line from 57° 55.17' N. lat., 152° 36.00' W. long., to 57° 55.05' N. lat., 152° 29.33' W. long.;

(10) from June 1 through October 31, all waters seaward of the terminus of Big Kitoi Creek to a line extending northwesterly from 58° 11.55' N. lat., 152° 22.13' W. long., to 58° 11.34' N. lat., 152° 22.00' W. long.;

(11) from August 15 through September 30, all waters seaward of the terminus of Big Kitoi Creek (stream No. 252-324) west of a line from 58° 11.53' N. lat., 152° 21.77' W. long., to 58° 11.25' N. lat., 152° 21.69' W. long., and all waters near the terminus of Little Kitoi Creek (stream No. 252-323) west of a line from 58° 11.69' N. lat., 152° 21.59' W. long., to 58° 11.55' N. lat., 152° 21.59' W. long.;

(12) all waters within the Northeast Arm of Kazakof Bay (Danger Bay) north and east of a line bound by a point on the west shore at 58° 12.55' N. lat., 152° 34.30' W. long., and a point on the east shore at 58° 12.47' N. lat., 152° 33.93' W. long.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.530 Subsistence fishing permits {#sec-5-aac-01.530 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.530}

(a) A subsistence fishing permit is required for taking salmon, trout, char, and herring for subsistence purposes.

(b) The annual limit for a subsistence salmon fishing permit holder is as follows:

(1) in the fresh waters of Kodiak Island, east of a line from Crag Point south to the westernmost point of Saltery Cove, including the waters of Woody and Long Islands, and the salt waters bordering this area within one mile of Kodiak Island, excluding the waters bordering Spruce Island, 25 salmon for the permit holder plus an additional 25 salmon for each member of the same household whose names are listed on the permit; an additional permit may be obtained if it can be shown that more fish are needed;

(2) in the remainder of the Kodiak Area not described in (1) of this subsection, there is no annual limit.

(c) A subsistence permit holder shall record the number, or if for herring, the number of pounds, of subsistence fish taken by that subsistence permit holder each year as described in this subsection. The subsistence permit holder shall record all harvested fish on the permit, before concealing the fish from plain view or transporting the fish from the fishing site. The subsistence permit holder must return the permit to the local representative of the department by February 1 of the year following the year the permit was issued. For the purposes of this subsection, "fishing site" means the location where the fish is removed from the water and becomes part of the permit holder's limit.

(d) A subsistence herring fishing permit holder may take no more than 500 pounds of herring in a calendar year.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.535 Limitations on participation in subsistence finfish fisheries {#sec-5-aac-01.535 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.535}

Repealed 5/13/93.

5 AAC 01.536 Customary and traditional subsistence uses of fish stocks and amounts necessary for subsistence uses {#sec-5-aac-01.536 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.536}

(a) The Alaska Board of Fisheries finds that salmon and finfish other than salmon, except steelhead and rainbow trout, in the Kodiak Area, except that portion described in 5 AAC 18.200(g), are customarily and traditionally taken or used for subsistence.

(b) The board finds that the following amounts of salmon and other finfish are reasonably necessary for subsistence uses in the Kodiak Area:

(1) 26,800 - 44,700 salmon;

(2) 21,000 - 35,000 rockfish;

(3) 3,300 - 5,600 lingcod;

(4) 550,000 - 900,000 usable pounds of finfish, other than salmon, rockfish, and lingcod.

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 5/13/93, Register 126; am 4/9/2005, Register 174

5 AAC 01.545 Subsistence bag and possession limits {#sec-5-aac-01.545 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.545}

(a) The daily bag limit for halibut is two fish and the possession limit is four fish. A person may not take or possess halibut under sport fishing regulations and under this section on the same day.

(b) The daily bag limit for lingcod is two fish and the possession limit is four fish. A person may not take or possess lingcod under sport fishing regulations and under this section on the same day.

(c) The daily bag limit for rockfish is 10 fish and the possession limits is 20 fish. A person may not take or possess rockfish under sport fishing regulations and under this section on the same day.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.548 Retention of king salmon in a subsistence fishery {#sec-5-aac-01.548 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.548}

If the department projects that the Karluk River biological escapement goal for king salmon will not be met and the sport fishery is restricted in the Karluk watershed to the nonretention of king salmon or the sport fishery for king salmon is closed, the commissioner may close, by emergency order, the salmon subsistence fishery season in the Inner and Outer Karluk Sections and the Karluk River, and immediately reopen a salmon subsistence fishery season during which

(1) king salmon may not be retained;

(2) the only gear allowable is beach seine; and

(3) king salmon caught must be immediately returned to the water unharmed.

History

Authority: AS 16.05.060; AS 16.05.251; AS 16.05.258
Eff. 4/21/2011, Register 198

5 AAC 01.549 Prohibitions {#sec-5-aac-01.549 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.549}

(a) In the Kodiak Area, an owner, operator, or employee of a lodge, charter vessel, or other enterprise that furnishes food, lodging, or sport fishing guide services, as defined in 5 AAC 75.995, may not furnish to a client or guest of that enterprise, finfish that have been taken under this chapter, unless the

(1) finfish have been taken with gear deployed, operated, and retrieved by the client or guest;

(2) gear has been marked with the client's or guest's name and address, as specified in 5 AAC 01.010(h); and

(3) finfish is consumed by the client or guest or is consumed in the presence of the client or guest.

(b) A sport fishing guide or charter vessel operator may not deploy, operate, have deployed, or retrieve subsistence finfish gear or possess subsistence-taken finfish while paying clients are on board the charter vessel or present at a fishing site.

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 4/21/2011, Register 198; am 8/27/2016, Register 219

Article 11 Cook Inlet Area

5 AAC 01.550 Description of Cook Inlet Area {#sec-5-aac-01.550 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.550}

The Cook Inlet Area includes all waters of Alaska enclosed by a line extending east from Cape Douglas (58° 51.10' N. lat.) and a line extending south from Cape Fairfield (148° 50.25' W. long.), excluding all waters of the Upper Susitna River drainage upstream of the Susitna River's confluence with the Oshetna River.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.555 Description of districts and subdistricts {#sec-5-aac-01.555 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.555}

(a) Districts and subdistricts are as described in 5 AAC 21.200.

(b) In addition to (a) of this section, the Tyonek Subdistrict includes those waters of the Northern District within mean lower low tide from a point one mile south of the southern edge of the Chuitna River south to the easternmost tip of Granite Point.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.560 Fishing seasons and daily fishing periods {#sec-5-aac-01.560 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.560}

(a) Except in the nonsubsistence area described in 5 AAC 99.015(a)(3), and, unless restricted in this section and 5 AAC 01.575, or unless restricted under the terms of a subsistence fishing permit, fish, other than rainbow trout and steelhead trout, may be taken at any time in the Cook Inlet Area. Rainbow trout and steelhead trout, taken incidentally in other subsistence finfish net fisheries and through the ice, are lawfully taken and may be retained for subsistence purposes.

(b) Salmon may be taken for subsistence purposes only as follows:

(1) in the Tyonek Subdistrict

(A) from May 15 through June 15, from 4:00 a.m. through 8:00 p.m. on Tuesdays, Thursdays, and Fridays;

(B) from June 16 through October 15, from 6:00 a.m. through 6:00 p.m. on Saturdays;

(D) repealed 5/21/2011;

(2) repealed 5/17/81;

(3) in the Port Graham and Koyuktolik Subdistricts from April 1 through September 30, and in the Port Chatham and Windy Bay Subdistricts from April 1 through August 1, from 10:00 p.m. Thursday to 10:00 a.m. Wednesday;

(4) repealed 5/14/93;

(5) repealed 5/14/93;

(6) repealed 6/7/95;

(7) repealed 6/7/95;

(8) in the waters of Seldovia Bay described in 5 AAC 01.566(a)(1), except the waters from Watch Point at 59° 26.55' N. lat., 151° 43.28' W. long., to a point located approximately 300 yards south of the entrance to the Seldovia small boat harbor at 59° 25.97' N. lat., 151° 43.17' W. long., as follows:

(A) from April 1 through May 30, from 6:00 a.m. Monday until 6:00 a.m. Wednesday and from 6:00 a.m. Thursday until 6:00 a.m. Saturday;

(B) during the first two consecutive Saturdays and Sundays in August from 6:00 a.m. Saturday until 6:00 p.m. Sunday, except that if a commercial fishing period is open, the subsistence fishing period shall be closed by emergency order and reopened by emergency order during the next period closed to commercial fishing;

(D) from June 1 through June 30, from 6:00 a.m. Saturday through 6:00a.m. Monday and from 6:00 a.m. Wednesday through 6:00 a.m. Thursday.

(d) Repealed 5/11/85.

(e) Repealed 5/11/85.

(f) Repealed 5/11/85.

(g) Repealed 5/11/85.

(h) Repealed 6/30/83.

(i) Repealed 5/11/85.

(j) Dolly Varden may be taken in fresh water for subsistence purposes in the Port Graham Subdistrict only from April 1 through May 31.

(k) Smelt may be taken as provided in 5 AAC 01.599.

(l) Lingcod may be taken for subsistence purposes only from July 1 through December 31.

History

Authority: AS 16.05.060; AS 16.05.251; AS 16.05.258

5 AAC 01.565 Limitations on participation in subsistence finfish fisheries {#sec-5-aac-01.565 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.565}

5 AAC 01.565 (a) and (b) were repealed by emergency regulation effective May 22, 1991. On May 30, 1991 the Superior Court found the repeals invalid as an emergency regulation. Therefore, the repeals were not published in Register 118 (July 1991). The repeals subsequently were filed as "regular" regulations.

Repealed 7/21/91.

5 AAC 01.566 Customary and traditional subsistence uses of fish stocks and amounts necessary for subsistence uses {#sec-5-aac-01.566 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.566}

(a) The Alaska Board of Fisheries (board) finds that the following fish stocks are customarily and traditionally taken or used for subsistence:

(1) salmon in the following waters:

(A) the Port Graham, Koyuktolik, Port Chatham, and Windy Bay Subdistricts;

(B) salmon, except enhanced salmon, in the following locations:

(i) along the eastern shoreline from a point at 59° 28.78' N. lat., 151° 39.49' W. long., to Watch Point located at 59° 26.55' N. lat., 151° 43.28' W. long.,

(ii) along the eastern shoreline from a point at 59° 25.97' N. lat., 151° 43.17' W. long., to a point at 59° 24.90' N. lat., 151° 41.94' W. long.; and

(iii) from a point at 59° 27.10' N. lat., 151° 44.70' W. long., to a point at 59° 26.47' N. lat., 151° 47.47' W. long.;

(C) salmon in the Yentna River drainage outside the Anchorage-Matsu-Kenai Nonsubsistence Area described in 5 AAC 99.015(a)(3);

(D) king salmon and salmon, other than king salmon, in the Tyonek Subdistrict;

(2) Dolly Varden in fresh waters of the Port Graham Subdistrict;

(3) smelt in those portions of the Cook Inlet Area outside the boundaries of the nonsubsistence area described in 5 AAC 99.015(a)(3);

(4) bottomfish, halibut, and herring in those portions of the Cook Inlet Area that are outside the boundaries of the nonsubsistence area described in 5 AAC 99.015(a)(3);

(5) repealed 6/7/95;

(6) repealed 6/7/95.

(b) The board finds that 100 - 225 lingcod are reasonably necessary for subsistence uses in the portion of the Cook Inlet Area described in 5 AAC 01.575(a)(9).

(c) The board finds that 750 - 1,350 rockfish are reasonably necessary for subsistence uses in the portion of the Cook Inlet Area described in 5 AAC 01.575(a)(9).

(d) The board finds that 4,800 - 7,200 salmon are reasonably necessary for subsistence uses in the Port Graham, Koyuktolik, Port Chatham, and Windy Bay Subdistricts.

(e) The board finds that 400 - 700 salmon, other than king salmon, are reasonably necessary for subsistence uses in the Yentna River drainage described in 5 AAC 01.593(2).

(f) The board finds that 700 - 2,700 king salmon and 150 - 500 salmon, other than king salmon, are reasonably necessary for subsistence uses in the Tyonek Subdistrict.

(g) The board finds that 100-350 salmon are reasonably necessary for subsistence uses in the waters described in (a)(1)(B) of this section.

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 5/14/93, Register 126; am 5/6/94, Register 130; am 6/7/95, Register 135; am 9/29/95, Register 135; am 2/24/96, Register 137; am 5/31/96, Register 138; am 5/31/98, Register 146; am 4/22/99, Register 150; am 3/11/2001, Register 157; am 3/8/2002, Register 161; am 5/21/2011, Register 198; am 5/22/2018, Register 226; am 4/24/2020, Register 234

5 AAC 01.570 Lawful gear and gear specifications {#sec-5-aac-01.570 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.570}

(a) Except in the nonsubsistence area described in 5 AAC 99.015(a)(3) and unless restricted in this section, 5 AAC 01.575, or under the terms of a subsistence fishing permit, fish may be taken only by gear listed in 5 AAC 01.010(a).

(b) Salmon may be taken only as follows:

(1) in the Tyonek Subdistrict, by set gillnets not exceeding 10 fathoms in length, six inches in mesh size, and 45 meshes in depth;

(2) in the Port Graham, Koyuktolik, Port Chatham, and Windy Bay Subdistricts, and the waters of Seldovia Bay described in 5 AAC 01.566(1), by set gillnets not exceeding 35 fathoms in length, six inches in mesh size, and 45 meshes in depth;

(3) no part of a set gillnet may be set or operated within 600 feet of any part of another set gillnet, except in the waters described in 5 AAC 01.566(a)(1)(B), where no part of a set gillnet may be set or operated within 300 feet of any part of another set gillnet;

(4) repealed 5/14/93;

(5) repealed 5/14/93;

(6) repealed 6/7/95;

(7) repealed 6/7/95.

(c) No person may operate or assist in the operation of subsistence salmon net gear on the same day that person operates or assists in the operation of commercial salmon gear.

(d) Repealed 5/11/85.

(e) Bottomfish, except rockfish and lingcod, may be taken by legal gear for commercial bottomfish fishing in the area.

(f) Smelt may be taken as provided in 5 AAC 01.599.

(g) Herring, excluding herring spawn, may only be taken with a gillnet. A gillnet used to take herring may not exceed 50 feet in length and two inches in mesh size. Herring spawn on kelp may only be taken by a hand-held unpowered blade-cutting device. Kelp blades or other aquatic plant species must be cut at least four inches above the stipe (stem).

(h) Halibut may be taken only by a single hand-held line with not more than two hooks attached to it.

(i) A gillnet may not be used in fresh water.

(j) Dolly Varden may be taken in fresh water only by beach seines not exceeding 10 fathoms in length.

(k) A person who holds a subsistence salmon set gillnet permit for the Tyonek Subdistrict must be physically present at the fishing site during operation of the net.

(l) A person who holds a subsistence salmon set gillnet permit for the fishery described in 5 AAC 01.560(b)(8) must be physically present at the net site during the operation of that person's gillnet, and the gillnet must be marked as described in 5 AAC 01.010(h). For the purposes of this section, "operation" means the deployment of the gillnet, the removal of the gillnet, and the removal of fish from the gillnet.

(m) Lingcod may be taken only by a single hand troll, single hand-held line, or single longline, none of which may have more than five hooks attached to it, except that lingcod taken incidentally in another subsistence finfish fishery may be retained for subsistence purposes subject to the limitations described in 5 AAC 01.560( l) and 5 AAC 01.595(c).

(n) Rockfish may be taken only by a single hand troll, single hand-held line, or single longline, none of which may have more than five hooks attached to it, except that rockfish taken incidentally in another subsistence finfish fishery may be retained for subsistence purposes subject to the limitations described in 5 AAC 01.595(d).

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.575 Waters closed to subsistence fishing {#sec-5-aac-01.575 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.575}

(a) All salt water is closed to the taking of finfish, except

(1) the Tyonek and Port Graham Subdistricts;

(2) salmon may be taken in the Koyuktolik, Port Chatham, and Windy Bay Subdistricts;

(3) repealed 5/14/93;

(4) repealed 5/14/93;

(5) smelt may be taken as provided in 5 AAC 01.599;

(6) repealed 6/7/95;

(7) repealed 6/7/95;

(8) salmon may be taken in the waters of Seldovia Bay described in 5 AAC 01.560(b)(8);

(9) bottomfish, halibut, and herring may be taken in the waters of the Cook Inlet Area that are outside the boundaries of the nonsubsistence area described in 5 AAC 99.015(a)(3).

(b) Salmon may not be taken in waters described in 5 AAC 39.290.

(c) Trout, grayling, char, whitefish, and burbot may not be taken in fresh water, except that Dolly Varden may be taken in fresh water in the Port Graham Subdistrict.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.580 Subsistence fishing permits; recordkeeping {#sec-5-aac-01.580 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.580}

(a) Salmon may be taken only under the authority of a subsistence fishing permit issued by the department; only one permit may be issued to a household each year. A subsistence fishing permit holder shall record daily salmon catches on forms provided by the department.

(b) Repealed 5/11/85.

(d) Dolly Varden may be taken in fresh water only under the authority of a subsistence fishing permit issued by the department; only one permit may be issued to a household each year. A subsistence fishing permit holder shall record daily Dolly Varden catches on forms provided by the department.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.590 Marking of subsistence-taken salmon {#sec-5-aac-01.590 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.590}

(a) No person may possess salmon taken under the authority of a subsistence fishing permit unless both lobes of the caudal fin (tail) have been immediately removed from the salmon.

(b) It is unlawful to purchase or sell salmon from which both lobes of the caudal fin (tail) have been removed.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.591 Southern District Coho Salmon Subsistence Fishery Management Plan {#sec-5-aac-01.591 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.591}

Repealed.

History

Eff. 5/6/94, Register 130; repealed 6/7/95, Register 135

5 AAC 01.592 Upper Cook Inlet Salmon Subsistence Fishery Management Plan {#sec-5-aac-01.592 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.592}

Repealed.

History

Eff. 5/6/94, Register 130; repealed 6/7/95, Register 135

5 AAC 01.593 Upper Yentna River subsistence salmon fishery {#sec-5-aac-01.593 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.593}

In the Yentna River drainage outside the Anchorage-Matsu-Kenai Nonsubsistence Area described in 5 AAC 99.015(a)(3), salmon may be taken for subsistence purposes only as follows:

(1) under a subsistence permit issued under 5 AAC 01.015 and 5 AAC 01.580;

(2) in the mainstem of the Yentna River from its confluence with Martin Creek upstream to its confluence with the Skwentna River from June 1 through June 30 and July 15 through August 7 from 4:00 a.m. to 8:00 p.m. Monday through Friday;

(3) only with a fish wheel as follows:

(A) each fish wheel must be equipped with a livebox; the livebox must be constructed so that it contains no less than 45 cubic feet of water volume while it is in operation;

(B) the permit holder shall attach a wood or metal plate that is at least 12 inches high by 12 inches wide, bearing the permit holder's name and address in letters and numerals at least one inch high to each fish wheel operated under this section so that the name and address are plainly visible;

(C) the permit holder shall be present to attend the fish wheel at all times while the fish wheel is in operation, and rainbow trout must be returned alive to the water;

(D) for purposes of (A) of this paragraph, a "livebox" is a submerged container that is attached to the fish wheel that will keep fish caught by the fish wheel alive;

(4) the annual limit for a Yentna River subsistence fishing permit holder is as specified in 5 AAC 01.595(a)(4);

(5) repealed 5/21/2011;

(6) all salmon retained shall immediately be recorded on the permit and reported to the department by noon of the day following the day of harvest by telephone, email or other means as stated in the permit.

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 5/31/98, Register 146; am 5/21/2011, Register 198; am 5/18/2014, Register 210; am 5/22/2018, Register 226; am 9/19/2019, Register 231; am 6/21/2020, Register 234

5 AAC 01.595 Subsistence bag, possession, and size limits {#sec-5-aac-01.595 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.595}

(a) The total annual possession limit for each subsistence salmon fishing permit is as follows:

(1) there is no annual possession limit for holders of Port Graham, Koyuktolik, Port Chatham, and Windy Bay Subdistrict and Seldovia Bay subsistence salmon fishing permits, except that in Seldovia Bay a person holding a subsistence salmon fishing permit may not take more than 20 king salmon per household;

(2) 25 salmon for the head of a household and 10 salmon for each additional member of the household;

(3) the holder of a Tyonek Subdistrict subsistence salmon fishing permit may take 95 king salmon and 10 salmon for each additional household member, with an annual limit of 70 king salmon per household;

(4) notwithstanding (2) of this subsection, the annual possession limit for the holder of an Upper Yentna River subsistence salmon fishing permit is

(A) 25 salmon, other than king salmon, for the head of a household, and 10 salmon, other than king salmon, for each additional member of the household; and

(B) five king salmon for the head of a household and two king salmon for each additional member of the household.

(b) The daily bag limit for halibut is two fish and the possession limit is two daily bag limits. No person may possess sport-taken and subsistence-taken halibut on the same day.

(c) The daily bag limit for lingcod is two fish and the possession limit is four fish. A person may not take or possess lingcod under sport fishing regulations and under this section on the same day. Lingcod retained must measure at least 35 inches from the tip of the snout to the tip of the tail, or 28 inches from the front of the dorsal fin to the tip of the tail. Undersized lingcod shall be returned to the water immediately without further injury.

(d) The daily bag limit for rockfish is five fish and the possession limit is 10 fish, of which only one per day and two in possession may be nonpelagic rockfish. A person may not take or possess rockfish under sport fishing regulations and under this section on the same day.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.596 Southern District Coho Salmon Subsistence Fishery Management Plan {#sec-5-aac-01.596 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.596}

Repealed 5/14/93.

5 AAC 01.597 Characteristics of subsistence fisheries {#sec-5-aac-01.597 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.597}

Repealed 5/11/85.

5 AAC 01.598 Upper Cook Inlet Subsistence Salmon Management Plan {#sec-5-aac-01.598 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.598}

Repealed 5/14/93.

5 AAC 01.599 Subsistence smelt fishery {#sec-5-aac-01.599 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.599}

5 AAC 01.599 took effect May 22, 1991 as an emergency regulation. On May 30, 1991, the Superior Court found the regulation invalid as an emergency regulation. Therefore, it was not published in Register 118 (July 1991). The regulation subsequently was filed as a "regular" regulation.

At its November 8 - 20, 1992 meeting, the Board of Fisheries readopted 5 AAC 01.599(1), (2)(A), (2)(B), (2)(C)(i), (2)(C)(iv), (2)(C)(v), and (3) in their entirety without change, under ch. 1, SSSLA 1992 (the 1992 subsistence law), which repealed and reenacted AS 16.05.258.

In the subsistence taking of smelt,

(1) there are no bag or possession limits;

(2) smelt may be taken

(A) in salt water from April 1 through May 31 and September 1 through October 30;

(B) in fresh water from April 1 through June 15;

(i) dip nets may be used in fresh and salt water;

(ii) gillnets may be used in fresh and salt water;

(iii) repealed 5/14/93;

(iv) no gillnet fished in salt water may exceed 50 feet in length and two inches in mesh size;

(v) no gillnet fished in fresh water may exceed 20 feet in length and two inches in mesh size; and

(vi) repealed 6/7/95;

(D) repealed 5/6/94;

(E) only outside the boundary of the nonsubsistence area described in 5 AAC 99.015(a)(3);

(3) each gillnet must be attended by the fisherman at all times when it is being used to take fish.

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 7/21/91, Register 119; am/readopt 5/14/93, Register 126; am 5/6/94, Register 130; am 6/7/95, Register 135; am 9/29/95, Register 135

Article 12 Prince William Sound Area

5 AAC 01.600 Description of Prince William Sound Area. The Prince William Sound Area includes all waters of Alaska between the longitude of Cape Fairfield and the longitude of Cape Suckling south of the Yukon Area described in 5 AAC 05.100, and all waters of the Upper Susitna River drainage upstream of the Susitna River's confluence with the Oshetna River {#sec-5-aac-01.600 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.600}

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.605 Description of districts and subdistricts. (a) The Upper Copper River District consists of all waters of the mainstem Copper River from the mouth of the Slana River downstream to an east-west line crossing the Copper River approximately 200 yards upstream of Haley Creek as designated by ADF&G regulatory markers. (1) The Chitina Subdistrict consists of all waters of the Upper Copper River District downstream of the downstream edge of the Chitina-McCarthy Road Bridge. (2) The Glennallen Subdistrict consists of all remaining waters of the Upper Copper River District. (b) Except as specified in (a) of this section, districts are as described in 5 AAC 24.200 {#sec-5-aac-01.605 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.605}

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.610 Fishing seasons. (a) Except in the nonsubsistence area described in 5 AAC 99.015(a)(5) and unless restricted in this section and 5 AAC 01.625, or unless restricted under the terms of a subsistence fishing permit, fish, other than rainbow trout and steelhead trout, may be taken at any time in the Prince William Sound Area. (b) Salmon may be taken in the Upper Copper River District only as follows: (1) in the Glennallen Subdistrict, from June 1 through September 30; (2) repealed 6/12/2003; (3) when the Copper River subsistence fishery is closed or restricted because of an inadequate escapement of sockeye or king salmon, the fishery may be reopened September 1 for the taking of coho salmon, which constitute the majority of the salmon at that time. (c) Repealed 6/30/83. (d) Herring spawn on kelp may be taken for subsistence purposes as follows: (1) above water from March 15 through June 15; (2) underwater using dive gear only during open periods for the wild herring spawn-on-kelp commercial fishery. (e) Rainbow trout and steelhead trout taken incidentally by fish wheel or subsistence finfish net gear, except dip net gear, are lawfully taken and may be retained for subsistence purposes. Rainbow trout and steelhead trout taken by dip net gear must be released immediately and returned to the water unharmed. (f) Lingcod may be taken for subsistence purposes only from July 1 through December 31. (g) Salmon may be taken in the districts described in 5 AAC 01.605(b), only from May 15 through October 31, during fishing periods as follows: (1) from May 15 until two days before the commercial opening of that salmon district, seven days per week; (2) during the commercial salmon season, only during open commercial salmon fishing periods in that district and Saturdays from 6:00 a.m. to 10:00 p.m.; (3) from two days following the closure of the commercial salmon fishing season in that district through October 31, seven days a week. (4) notwithstanding (g)(2) of this section, subsistence salmon fishing is not allowed 24 hours before open commercial salmon fishing periods in that district; (5) from July 1 to August 1 in the waters of Orca Inlet that are closed to commercial fishing in 5 AAC 24.350(11)(H). (h) Whitefish may be taken by gillnet from October 1 through March 31 {#sec-5-aac-01.610 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.610}

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.616 Customary and traditional subsistence uses of fish stocks and amounts necessary for subsistence uses. (a) The Alaska Board of Fisheries (board) finds that salmon stocks are customarily and traditionally taken or used for subsistence in the following locations: (1) the Glennallen Subdistrict of the Upper Copper River District described in 5 AAC 01.605(2) and the waters of the Copper River described in 5 AAC 01.647(i)(3); (2) the Southwestern District described in 5 AAC 24.200(i) and the waters along the northwestern shore of Green Island from the westernmost tip of the island to the northernmost tip of the island; (3) the waters north of a line from Porcupine Point to Granite Point and south of a line from Point Lowe to Tongue Point; (4) the Copper River District described in 5 AAC 24.200(a); (5) repealed 6/12/2003; (6) the Coghill, Northwestern, Eshamy, Unakwik, Southeastern, and Bering River Districts and those portions of the Northern, Montague, and Eastern Districts not included in (2) and (3) of this subsection, excluding those portions within the Valdez Nonsubsistence Area as described in 5 AAC 99.015(a)(5). (b) The board finds that the following amounts of salmon are reasonably necessary for subsistence uses in the following locations: (1) Glennallen Subdistrict of the Upper Copper River District: (A) in that portion from the southern boundary of the subdistrict at the downstream edge of the Chitina-McCarthy Road Bridge to the mouth of the Tonsina River: 25,500 - 39,000 salmon; (B) in that portion from the mouth of the Tonsina River upstream to the mouth of the Gakona River: 23,500 - 31,000 salmon; (C) in that portion from the mouth of the Gakona River upstream to the mouth of the Slana River, and the waters of the Copper River as described in 5 AAC 01.647(i)(3): 12,000 - 12,500 salmon; (2) in the Copper River District as described in 5 AAC 24.200(a): (A) in a year when there is a harvestable surplus that allows for a commercial fishery: 3,000 - 5,000 salmon; (B) in a year when there is no commercial fishery: 19,000 - 32,000 salmon; (3) the Southwestern District as described in 5 AAC 24.200(i) and the waters along the northwestern shore of Green Island from the westernmost tip of the island to the northernmost tip of the island: 2,100 - 3,500 salmon; (4) the waters north of a line from Porcupine Point to Granite Point and south of a line from Point Lowe to Tongue Point: 1,800 - 3,000 salmon; (5) the waters described in (a)(6) of this section: 115 - 200 salmon. (c) The board finds that groundfish, herring, herring spawn on kelp, and smelt in those portions of the Prince William Sound Area that are outside the boundaries of the nonsubsistence area described in 5 AAC 99.015(a)(5) are customarily and traditionally taken or used for subsistence. (d) The board finds that the following amounts of fish, other than salmon, are reasonably necessary for subsistence uses in the Prince William Sound Area: (1) 1,000 - 1,500 lingcod; (2) 7,500 - 12,500 rockfish; (3) 16,000 - 24,000 pounds of groundfish, other than rockfish and lingcod; (4) 12,000 - 18,000 pounds of herring; (5) 4,000 - 6,000 pounds of herring spawn on kelp. (e) The board finds that freshwater finfish, other than salmon, in the Prince William Sound Area are customarily and traditionally taken or used for subsistence. (f) The board finds that 25,000 - 42,000 usable pounds of freshwater finfish, other than salmon, are reasonably necessary for subsistence uses in the Prince William Sound Area {#sec-5-aac-01.616 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.616}

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 5/24/97, Register 142; am 3/30/2000, Register 153; am 6/12/2003, Register 166; am 3/30/2006, Register 177; am 3/14/2009, Register 189

5 AAC 01.620 Lawful gear and gear specifications. (a) Fish may be taken by gear listed in 5 AAC 01.010(a) unless restricted in this section or under the terms of a subsistence fishing permit. (b) Salmon may be taken only by the following types of gear: (1) in the Glennallen Subdistrict by fish wheels or dip nets; (2) repealed 4/30/91; (3) in salt water by a gillnet or seine, in a district as specified in 5 AAC 24.330, and as follows: (A) by a gillnet as described in 5 AAC 01.010(c); (B) by a seine that is not longer than 50 fathoms in length and 100 meshes in depth with a maximum mesh size of four inches; (4) repealed 6/12/2003; (5) notwithstanding other provisions of this chapter, by gillnet gear as specified in 5 AAC 01.010(c) for the area that is closed to commercial fishing as described in 5 AAC 01.645(b). (c) Fish wheels used for subsistence fishing may be operated only as follows: (1) the owner of a fish wheel shall register that fish wheel with the department; the department shall issue a registration number for the fish wheel; that registration number, and either the owner's name and address or the owner's permanent identification number from a valid Alaska driver's license or a state identification card, must be permanently affixed and plainly visible on the fish wheel on a wood, metal, or plastic plate that is at least 12 inches high by 12 inches wide, in letters and numerals at least one inch high, when the fish wheel is in the water; only the registration number from the current year may be affixed to the fish wheel; any other registration number must be removed from the fish wheel; (2) the owner of a fish wheel registered under (1) of this subsection is responsible for the fish wheel when the fish wheel is in the water; (3) when the permit holder is a person other than the owner of the fish wheel, in addition to the requirements of (1) of this subsection, an additional plate of wood, metal, or plastic, that is at least 12 inches high by 12 inches wide bearing the permit holder's name and address in letters and numerals at least one inch high must be attached to each fish wheel so that the name and address are plainly visible; (4) a permit holder may operate only one fish wheel at a time and a fish wheel may be operated only by one permit holder at a time; that permit holder must; (A) have the fish wheel marked as specified in this subsection during fishing operations; and (B) check the fish wheel at least once every 10 hours and remove all fish caught by the fish wheel; (5) a person may not set or operate a fish wheel within 75 feet of another fish wheel; (6) a fish wheel (A) may not have more than two baskets; (B) must be removed from the water at the end of the permit period; and (C) may not be rented, leased, or otherwise used for personal gain. (d) Halibut may be taken only by a single hand-held line with not more than two hooks attached to it. (e) The permit holder must personally operate the fish wheel or dip net. A subsistence fish wheel or dip net permit may not be loaned or transferred except as permitted under 5 AAC 01.011. (f) Herring spawn on kelp may be taken only by a hand-held unpowered blade-cutting device. Kelp plant blades must be cut at least four inches above the stipe (stem). The provisions of this subsection do not apply to Fucus species. (g) Repealed 5/24/97. (h) Groundfish may be taken only by a single hand troll, single hand-held line, or a single longline, none of which may have more than five hooks attached to it, except that (1) lingcod taken incidentally during a subsistence finfish fishery are lawfully taken and may be retained for subsistence purposes subject to the limitations described in 5 AAC 01.610(f) and 5 AAC 01.645(d); (2) rockfish taken incidentally during a subsistence finfish fishery are lawfully taken and may be retained for subsistence purposes subject to the limitations described in 5 AAC 01.645(e); (3) groundfish taken incidentally in a subsistence net fishery, consistent with applicable subsistence salmon laws and regulations, are lawfully taken and may be retained for subsistence purposes; and (4) sablefish may be taken with not more than two groundfish pots. (i) Repealed 3/14/2009. (j) In addition to the requirements under 5 AAC 01.010(h), a buoy attached to one end of a subsistence gillnet must be marked in printed type with the first initial, last name, and address of the subsistence permit holder, or the ADF&G vessel license number of the vessel used to operate the gear, in numbers and letters that are (1) at least one inch high; (2) in a color that contrasts with the background; and (3) plainly visible when the gear is in the water. (k) Gillnets used to take herring may not exceed 10 fathoms in length. (l) Subsistence fishing guide services are prohibited in the Glennallen Subdistrict. For the purposes of this subsection, (1) "subsistence fishing guide services" means assistance, for compensation or with the intent to receive compensation, to a subsistence fisherman to take or to attempt to take fish from a vessel by accompanying or physically directing the subsistence fisherman in subsistence fishing activities during any part of a subsistence fishing trip; (2) "compensation" means direct or indirect payment, remuneration, and other benefits received in return for services, regardless of the source; in this paragraph, "benefits" (A) includes (i) wages and other employment benefits given directly or indirectly to an individual or organization; and (ii) dues, payments, fees, and other remuneration given directly or indirectly to a fishing club, business, organization, or individual who provides subsistence fishing guide services; (B) does not include reimbursement for the actual daily expenses for fuel, food, or bait. (m) Gillnets used to take freshwater finfish may not exceed 100 feet in length, eight feet in depth, and a mesh size greater than four inches stretched measure and may only be used (1) for whitefish and suckers; all other species may not be retained and must be returned to the water unharmed; permit holders finding five or more lake trout in their net shall move their fishing location at least one-quarter mile to avoid further catch of nontarget species; (2) from October 1 - March 30; and (3) in lakes. (n) Fyke nets must have an entrance funnel opening of no greater than four inches maximum straight-line distance between any two points {#sec-5-aac-01.620 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.620}

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.625 Waters closed to subsistence fishing. (a) All tributaries of the Copper River and waters of the Copper River that are not in the Upper Copper River District are closed to the taking of salmon. (b) Salmon may not be taken in any area closed to commercial salmon fishing unless permitted in 5 AAC 01.610 - 5 AAC 01.645. (c) The following waters are closed to the taking of whitefish with gillnet gear: (1) Lake Louise, north of a line from 62° 21.24' N. lat., 146° 38.14' W. long. to 62° 21.43' N. lat., 146° 37.56' W. long.; (2) Susitna Lake, east of a line from 62° 21.38' N. lat., 146° 38.31' W. long. to 62° 21.72' N. lat., 146° 38.24' W. long. and east of a line from 62° 28.58' N. lat., 146° 40.57' W. long. to 62° 28.36' N. lat., 146° 40.52' W. long.; (3) Tyone Lake, south and west of a line from 62° 28.86' N. lat., 146° 39.95' W. long, to 62° 28.79' N. lat., 146° 39.66' W. long {#sec-5-aac-01.625 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.625}

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.630 Subsistence fishing permits. (a) Except as provided in this section, fish other than salmon, herring, sablefish, and freshwater fish species may be taken for subsistence purposes without a subsistence fishing permit. (b) Salmon, herring, sablefish, and freshwater fish species may be taken only under authority of a subsistence fishing permit. (c) Repealed 6/2/88. (d) Only one subsistence fishing permit per stock will be issued to each household per year. (e) The following apply to Glennallen Subdistrict subsistence salmon fishing permits: (1) only one type of gear may be specified on a permit; (2) only one Glennallen Subdistrict subsistence salmon fishing permit per calendar year may be issued to a household; (3) permits must be returned to the department no later than October 31, or a permit for the following year may be denied as provided in 5 AAC 01.015(c); (4) repealed 6/12/2003; (5) repealed 6/12/2003; (6) repealed 3/14/2009; (7) only the permit holder and the authorized member of the household listed on the subsistence permit may take salmon; (8) a subsistence permit holder shall record all harvested fish on the permit, before concealing the fish from plain view or transporting the fish from the fishing site; for the purposes of this paragraph, "fishing site" means the location where the fish is removed from the water and becomes part of the permit holder's bag limit; (9) repealed 3/14/2009. (f) Repealed 6/12/2003. (g) Repealed 3/30/2000. (h) A subsistence fishing permit may be issued to a village council, or other similarly qualified organization whose members operate fish wheels for subsistence purposes in the Glennallen Subdistrict, to operate fish wheels on behalf of members of its village or organization. A permit may only be issued following approval by the department of a harvest assessment plan to be administered by the permitted council or organization. The harvest assessment plan must include (1) provisions for recording daily catches for each fish wheel; (2) sample data collection forms; (3) other information specified by the department; (4) location and number of fish wheels; (5) the full legal name of the individual responsible for the lawful operation of each fish wheel; and (6) other information determined by the department to be necessary for effective resource management. (i) Unless otherwise provided in this section, regulations governing fishing under the authority of a village council permit issued under (h) of this section, or other permit issued under this section, are those generally applicable to Glennallen Subdistrict subsistence fishing permits. (j) The following additional provisions apply to Glennallen Subdistrict subsistence fishing permits issued under (h) of this section: (1) the permit will list all households and household members for whom the fish wheel is being operated; (2) the allowable harvest may not exceed the combined seasonal limits as listed in 5 AAC 01.645(a) for the households listed on the permit; the permittee will notify the department when households are added to the list, and the seasonal limit may be adjusted accordingly; (3) members of households listed on a permit issued to a village council or other similarly qualified organization, are not eligible for a separate household subsistence fishing permit for the Upper Copper River District; (4) under authority delegated through a permit issued to a village council or other similarly qualified organization, an individual or individuals designated by the permitted group may issue household subsistence fishing permits to households not listed as participants in fishing fish wheels operated directly by a village council or other similarly qualified organization; the permittee may also register fish wheels; the harvest assessment plan may authorize the permittee to collect, compile, and report to the department the subsistence harvests of these household permit holders; (5) authority to enforce all applicable laws and regulations may not be delegated through permits issued under (h) of this section. (k) The department will only issue one sablefish subsistence fishing permit to each household a year. A permit holder shall record sablefish harvest information on a harvest recording form provided by the department {#sec-5-aac-01.630 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.630}

History

Authority: AS 16.05.060; AS 16.05.251; AS 16.05.258

5 AAC 01.640 Marking of subsistence-taken fish. (a) A person may not possess salmon taken under the authority of an Upper Copper River District subsistence permit unless both tips (lobes) of the tail fin (caudal) have been removed from the salmon before the person conceals the salmon from plain view or transports the salmon from the fishing site. (b) A person may not possess rainbow trout or steelhead trout retained under 5 AAC 01.610(e) unless both tips (lobes) of the tail fin (caudal) have been removed from the fish before the person conceals the fish from plain view or transports the fish from the fishing site. (c) A person may not possess salmon taken under the authority of a Prince William Sound Area subsistence permit unless both the top and bottom lobes of the tail fin (caudal) have been completely removed from the salmon before the person conceals the salmon from plain view or transports the salmon from the fishing site. (d) For the purposes of this section, "fishing site" means the location where the fish is removed from the water and becomes part of the permit holder's bag limit or is retained {#sec-5-aac-01.640 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.640}

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 4/28/84, Register 90; readopt 5/15/93, Register 126; am 5/22/94, Register 130; am 5/24/97, Register 142; am 5/11/2003, Register 166 am 3/14/2009, Register 189

5 AAC 01.645 Subsistence bag, possession, and size limits; annual limits. (a) The total annual possession limits for a Glennallen Subdistrict subsistence salmon fishing permit is as follows: (1) for a household with one person: 30 salmon, of which no more than five may be king salmon if taken by dip net; (2) for a household with two persons: 60 salmon, of which no more than five may be king salmon if taken by dip net; (3) 10 salmon for each additional person in a household over those specified in (2) of this subsection, except that the household's limit under (2) of this subsection for king salmon taken by dip net does not increase; (4) upon request, a permit for additional salmon will be issued with the following limits: (A) no more than a total of 200 salmon for a permit issued to a household with one person, of which no more than five may be king salmon if taken by dip net; (B) no more than a total of 500 salmon for a permit issued to a household with two or more persons, of which no more than five may be king salmon if taken by dip net. (b) In the Copper River District, other locations open to commercial salmon fishing as specified in 5 AAC 24.200, and in the waters of Orca Inlet that are closed to commercial fishing in 5 AAC 24.350(11)(H), the annual subsistence salmon limit is as follows: (1) 15 salmon for a household of one person; (2) 30 salmon for a household of two persons; (3) 10 salmon for each additional person in a household over those specified in (2) of this subsection; (4) no more than five king salmon may be taken per permit; (5) upon request, a permit for additional salmon will be issued with the following limits: (A) no more than a total of 15 salmon for a permit issued to a household with one person, of which only pink and chum salmon may be retained; (B) no more than a total of 30 salmon for a household of two persons, of which only pink and chum salmon may be retained; (C) no more than a total of 10 salmon for each additional person in a household over those specified in (B) of this paragraph, of which only pink and chum salmon may be retained. (c) The daily bag limit for halibut is two fish and the possession limit is four fish. A person may not take or possess halibut under sport fishing regulations and under this section on the same day. (d) The daily bag limit for lingcod is two fish and the possession limit is four fish. A person may not take or possess lingcod under sport fishing regulations and under this section on the same day. Lingcod retained must measure at least 35 inches from the tip of the snout to the tip of the tail. Undersized lingcod shall be returned to the water immediately without further harm. (e) The daily bag limit for rockfish is as follows: (1) from May 1 through September 15, the daily bag limit is four fish and the possession limit is eight fish, of which only two per day and two in possession may be nonpelagic rockfish; a person may not take or possess rockfish under sport fishing regulations and under this section on the same day; (2) from September 16 through April 30, the daily bag and possession limit is eight fish, of which only two per day and two in possession may be nonpelagic rockfish; a person may not take or possess rockfish under sport fishing regulations and under this section on the same day. (f) The daily bag limit for sharks is one fish and the possession limit is two fish. A person may not take or possess sharks under sport fishing regulations and under this section on the same day. (g) The bag, possession, and annual limits for whitefish are 1,000 fish. (h) The bag and possession limit for Arctic grayling is five fish, with an annual limit of 20 fish per water body, excluding stocked lakes. A person may not take or possess Arctic grayling under sport fishing regulations and this section on the same day. (i) The bag and possession limit for lake trout is two fish, with an annual limit of 10 fish per water body. A person may not take or possess lake trout under sport fishing regulations and this section on the same day. (j) The bag and possession limit for burbot is five fish, except in those waters specified in 5 AAC 52.023, where the bag and possession limit is two fish. The annual limit for burbot is 10 fish per water body. A person may not take or possess burbot under sport fishing regulations and this section on the same day. (k) Repealed 6/17/2018. (l) The bag and possession limit for Dolly Varden is 10 fish, with an annual limit of 40 fish per water body. A person may not take or possess Dolly Varden under sport fishing regulations and this section on the same day {#sec-5-aac-01.645 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.645}

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.647 Copper River Subsistence Salmon Fisheries Management Plans. (a) The purpose of this plan is to ensure that adequate escapement of salmon in the Copper River system occurs and that subsistence uses, as described under AS 16.05.258 and 5 AAC 99.010, are accommodated. (b) The following are directives pertaining to the management of Copper River System salmon: (1) this policy governs only those salmon which pass the department sonar counters located at the Million Dollar Bridge; (2) the department shall manage the Copper River commercial salmon fishery to attain a total escapement of salmon into the Copper River as specified in 5 AAC 24.360 to ensure that an adequate escapement reaches the spawning grounds and to provide for hatchery broodstock and for subsistence, personal use, and sport fisheries; (3) repealed 4/28/84; (4) repealed 4/28/84. (c) Repealed 4/28/84. (d) Repealed 4/28/84. (e) Repealed 4/28/84. (f) Repealed 4/28/84. (g) Repealed 4/28/84. (h) Repealed 4/28/84. (i) Salmon, other than king salmon, may be taken in the vicinity of the former Native village of Batzulnetas under the following conditions: (1) unless modified by this subsection, 5 AAC 01.001 - 5 AAC 01.040 and 5 AAC 01.600 - 5 AAC 01.645 apply to this fishery; (2) salmon may be taken only under the authority of a Batzulnetas subsistence salmon fishing permit issued by the department; (3) salmon may be taken only in those waters of the Copper River between ADF&G regulatory markers located near the mouth of Tanada Creek and approximately one-half mile downstream from that mouth and in Tanada Creek between ADF&G regulatory markers identifying the open waters of the creek; (4) fish wheels and dip nets only may be used on the Copper River; dip nets and spears only may be used in Tanada Creek; (5) salmon may be taken only from June 1 through September 1 or until the season is closed by emergency order; fishing periods are from 12:00 noon Friday through 12:00 noon Sunday from June 1 through June 30, and from 12:00 noon Friday through 11:59 p.m. Monday from July 1 through September 1; (6) king salmon taken must be released to the water unharmed; fish wheels must be equipped with a livebox or be monitored at all times; (7) annual bag and possession limits are as specified in 5 AAC 01.645(a); (8) the permit must be returned to the department's Glennallen office no later than September 30 of each year. (j) Repealed 3/14/2009. (k) Repealed 6/12/2003 {#sec-5-aac-01.647 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.647}

History

Authority: AS 16.05.060; AS 16.05.251; AS 16.05.258

5 AAC 01.648 Prince William Sound Subsistence Salmon Fisheries Management Plans. (a) Salmon may be taken for subsistence purposes in those waters of the Southwestern District, as described in 5 AAC 24.200, and along the northwestern shore of Green Island from the westernmost tip of the island to the northernmost tip, only as follows: (1) repealed 6/27/93; (2) salmon may be taken only by seines up to 50 fathoms in length and 100 meshes deep with a maximum mesh size of four inches, or by gillnets up to 150 fathoms in length, except that pink salmon may be taken in fresh water by dip nets only; (3) repealed 3/14/2009; (4) repealed 3/14/2009; (5) no fishing is allowed within the closed waters areas described in 5 AAC 24.350 and 5 AAC 39.290 for commercial salmon fisheries; only pink salmon may be taken in fresh water; (6) there are no bag and possession limits for this fishery; (7) repealed 3/14/2009. (b) Salmon may be taken for subsistence purposes in those waters north of a line from Porcupine Point to Granite Point, and south of a line from Point Lowe to Tongue Point, only as follows: (1) repealed 6/27/93; (2) salmon may be taken only by seines up to 50 fathoms in length and 100 meshes deep with a maximum mesh size of four inches, or by gillnets up to 150 fathoms in length with a maximum mesh size of six and one-quarter inches, except that pink salmon may be taken in fresh water by dip nets only; (3) repealed 3/14/2009; (4) repealed 3/14/2009; (5) no fishing is allowed within the closed waters areas described in 5 AAC 24.350 and 5 AAC 39.290 for commercial salmon fisheries; only pink salmon may be taken in fresh water; (6) there are no bag and possession limits for this fishery; (7) repealed 3/14/2009 {#sec-5-aac-01.648 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.648}

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 6/2/88, Register 106; readopt 5/15/93, Register 126; am 6/27/93, Register 126; am 5/22/94, Register 130; am 3/14/2009, Register 189

Article 13 Yakutat Area

5 AAC 01.650 Description of Yakutat Area. The Yakutat Area includes all waters of Alaska between the longitude of Cape Suckling (144° W. long.) and a line extending seaward from the western tip of Cape Fairweather at 58° 47.89' N. lat., 137° 56.68' W. long., to the intersection with the seaward limit of the three-nautical-mile territorial sea at 58° 45.96' N. lat., 138° 01.40' W. long {#sec-5-aac-01.650 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.650}

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.660 Fishing seasons and periods. (a) Unless restricted in this section or 5 AAC 30.365, or unless restricted under the terms of a subsistence fishing permit, fish may be taken at any time in the Yakutat Area. (b) From the beginning of the commercial salmon net season through the end of the commercial salmon net season, the weekly subsistence fishing period is from 6:00 a.m. Friday to 6:00 p.m. Saturday, unless extended by emergency order. This subsection applies to each river and bay fishery individually. (c) Repealed 6/30/83. (d) Repealed 5/31/2009 {#sec-5-aac-01.660 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.660}

History

Authority: AS 16.05.060; AS 16.05.251; AS 16.05.258

5 AAC 01.665 Limitations on participation in subsistence finfish fisheries. Repealed 5/15/93 {#sec-5-aac-01.665 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.665}

5 AAC 01.666 Customary and traditional subsistence uses of fish stocks and amounts necessary for subsistence uses. (a) The Alaska Board of Fisheries finds that the following fish stocks are customarily and traditionally taken or used for subsistence: (1) herring and herring spawn in waters of Yakutat Bay, including Russell Fjord, within a line from the westernmost point of Point Manby to the southernmost point of Ocean Cape; (2) bottomfish and halibut in waters of Yakutat Bay, including Russell Fjord, and in waters of Alaska bounded by a line from Point Manby, at 59° 41.66' N. lat., 140° 19.57' W. long., to 59° 39.17' N. lat., 140° 26.75' W. long. to Ocean Cape, at 59° 31.62' N. lat., 139° 49.87' W. long., to 59° 29.69' N. lat., 139° 55.18' W. long.; (3) salmon in fresh water upstream from the terminus of streams and rivers of the Yakutat Area from the Doame River to the Tsiu River, in waters of Yakutat Bay and Russell Fjord inside a line from the Westernmost point of Point Manby to the southernmost point of Ocean Cape, and in waters of Icy Bay inside a line from the westernmost tip of Point Riou to Icy Cape Light; (4) Dolly Varden char, steelhead trout, and smelt in fresh water upstream from the terminus of streams and rivers of the Yakutat Area from the Doame River to Point Manby, and in waters of Yakutat Bay and Russell Fjord inside a line from the westernmost point of Point Manby to the southernmost point of Ocean Cape. (b) The board finds that 5,800 - 7,832 salmon are reasonably necessary for subsistence uses in the waters described in (a)(3) of this section {#sec-5-aac-01.666 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.666}

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 5/15/93, Register 126; am 7/26/2003, Register 167; am 5/26/2006, Register 178

5 AAC 01.670 Lawful gear and gear specifications. (a) Fish may be taken by gear listed in 5 AAC 01.010(a), unless restricted in this section or under the terms of a subsistence fishing permit. (b) Halibut may be taken only by a single hand-held line with not more than two hooks attached to it. (c) In the Situk River, a subsistence salmon fishing permit holder shall attend the permit holder's gillnet at all times when it is being used to take salmon. (d) A gillnet or seine used for subsistence fishing may not block more than two-thirds the width of a stream and any channel or side channel of a stream. (e) Repealed 10/16/2022 {#sec-5-aac-01.670 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.670}

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.680 Subsistence fishing permits. (a) Salmon, trout and char may only be taken under authority of a subsistence fishing permit. (b) Except as provided in (d) of this section, the department shall not issue a permit for the taking of steelhead trout. (c) Salmon, trout, or char taken incidentally by gear operated under the terms of a subsistence permit for salmon are legally taken and possessed for subsistence purposes. A holder of a subsistence salmon permit must report any salmon, trout, or char taken in this manner on the permit holder's permit calendar. (d) Notwithstanding (b) of this section, the department shall issue subsistence permits for the taking of steelhead trout in the Situk and Ahrnklin Rivers, and it shall manage that directed fishery toward an annual guideline harvest level of 300 steelhead trout {#sec-5-aac-01.680 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.680}

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.690 Marking of subsistence-taken salmon. Subsistence fishermen must remove the dorsal fin from subsistence-caught salmon when taken {#sec-5-aac-01.690 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.690}

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.695 Subsistence bag and possession limits. (a) The daily bag limit for halibut is two fish and the possession limit is two daily bag limits. No person may possess sport-taken and subsistence-taken halibut on the same day. (b) No person may possess subsistence-taken and sport-taken salmon on the same day {#sec-5-aac-01.695 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.695}

History

Authority: AS 16.05.251; AS 16.05.258

Article 14 Southeastern Alaska Area

5 AAC 01.700 Description of the Southeastern Alaska Area. The Southeastern Alaska Area has as its southern boundary the International Boundary at Dixon Entrance and as its northern boundary a line extending seaward from the western tip of Cape Fairweather at 58° 47.89' N. lat., 137° 56.68' W. long., to the intersection with the seaward limit of the three-nautical-mile territorial sea at 58° 45.96' N. lat., 138° 01.40' W. long {#sec-5-aac-01.700 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.700}

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.705 Description of districts and sections. Districts and sections are as described in 5 AAC 33.200 {#sec-5-aac-01.705 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.705}

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.710 Fishing seasons. (a) Except in the nonsubsistence areas described in 5 AAC 99.010(a)(1) and (2) and unless restricted in this section, 5 AAC 01.725, or under the terms of a subsistence fishing permit, fish, other than rainbow trout and steelhead trout, may be taken in the Southeastern Alaska Area at any time. (b) Repealed 6/30/83. (c) Herring may be taken at any time, except that in the 72 hours before, and 72 hours after an open commercial herring fishing period in the Southeastern Alaska Area, a vessel that, or crewmember or permit holder who, participates in that commercial herring fishery opening may not take or possess herring under this chapter in any district in the Southeastern Alaska Area. (d) Repealed 7/18/2003. (e) From July 7 through August 7, sockeye salmon may be taken in the waters of Klawock Harbor enclosed by a line from the northernmost tip of Klawock Island at 55° 33.42' N. lat., 133° 06.38' W. long. to Klawock Island Light to the Klawock Cannery Dock at 55° 33.47' N. lat., 133° 05.96' W. long., the Klawock River, and Klawock Lake only from 8:00 a.m. Monday until 5:00 p.m. Friday. (f) A subsistence permit issued under 5 AAC 01.015 for salmon taken in those waters of Sumner Strait in the vicinity of Point Baker will specify the (1) area where the salmon may be taken; (2) time period during which the salmon may be taken; and (3) gillnet gear that may be used, not to exceed 50 fathoms in length. (g) From December 1 through May 15, lingcod may not be taken with a spear or while using diving gear {#sec-5-aac-01.710 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.710}

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.713 Subsistence use of aquatic plants in Southeastern Alaska Area. Repealed {#sec-5-aac-01.713 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.713}

History

Eff. 6/3/2000, Register 154; repealed 8/8/2007, Register 183

5 AAC 01.714 Limitations on participation in subsistence finfish fisheries. (a) In the Southeastern Alaska Area, finfish may not be taken for subsistence uses in the Ketchikan Nonsubsistence Area and the Juneau Nonsubsistence Area described in 5 AAC 99.015. (b) A vessel or a person on board a vessel from which subsistence fishing gear is used to take groundfish for subsistence uses in the Northern Southeast Inside Subdistrict or the Southern Southeast Inside Subdistrict, described in 5 AAC 28.105, (1) may not operate commercial fishing gear to take groundfish for commercial uses from that vessel until all subsistence-taken groundfish are offloaded from the vessel; and (2) is subject to the restrictions in 5 AAC 28.180 {#sec-5-aac-01.714 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.714}

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 7/13/2012, Register 203; am 7/1/2015, Register 214; am 6/27/2025, Register 254

5 AAC 01.715 Limitations on participation in subsistence finfish fisheries. Repealed 5/15/93 {#sec-5-aac-01.715 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.715}

5 AAC 01.716 Customary and traditional subsistence uses of fish stocks and amounts necessary for subsistence uses. (a) The Alaska Board of Fisheries finds that the following fish stocks are customarily and traditionally taken or used for subsistence in the following portions of the Southeastern Alaska Area outside the nonsubsistence areas described in 5 AAC 99.015(a)(1) and (2): (1) District 1, as follows: (A) eulachon in the fresh waters of Section 1-C and Section 1-D; (B) salmon and Dolly Varden char, as follows: (i) in the waters of the Naha River; (ii) in Boca de Quadra, in the waters of Sockeye Creek, and within 500 yards of the terminus of Sockeye Creek, and in Hugh Smith Lake; (2) District 2, as follows: (A) salmon, herring, herring spawn, bottomfish, halibut, and Dolly Varden char in the waters of District 2 north of the latitude of the northernmost tip of Chasina Point and west of a line from the northernmost tip of Chasina Point to the easternmost tip of Grindall Island to the easternmost tip of the Kasaan Peninsula; (B) salmon and Dolly Varden char in the waters of District 2 in Nichols Bay north of 54° 42.12' N. lat.; (3) District 3, as follows: (A) Section 3-A, as follows: (i) salmon, bottomfish, halibut, and Dolly Varden char in the waters of Section 3-A; (ii) herring and herring spawn in the waters of Section 3-A in Tlevak Strait north of the latitude of High Point and south of the latitude of Eolus Point; (B) Section 3-B, as follows: (i) bottomfish and halibut in the waters of Section 3-B; (ii) herring and herring spawn in the waters of Section 3-B in San Alberto Bay north of the latitude of the southernmost tip of Cape Suspiro and east of 133° 20' W. long.; (iii) salmon, Dolly Varden char, and steelhead trout in the waters of Section 3-B east of a line from Point Ildefonso to Tranquil Point and the waters of Warm Chuck Inlet north of a line from a point on Hecata Island at 55° 44' N. lat., 133° 25' W. long. to Bay Point; (C) Section 3-C: salmon, Dolly Varden char, and steelhead trout in the waters of Karheen Passage north of 55° 48' N. lat. and east of 133° 20' W. long. and in the waters of Sarkar Cove and Sarkar Lake; (4) District 5: salmon, herring, herring spawn, bottomfish, halibut, and Dolly Varden char in the waters of District 5 north of a line from Point St. Albans to Cape Pole; (5) District 6: salmon, herring, herring spawn, bottomfish, halibut, and Dolly Varden char, as follows: (A) in the waters of Section 6-A west of a line from Macnamara Point to Mitchell Point; (B) in the waters of Section 6-B west of the longitude of Macnamara Point; (6) District 7: salmon, herring, herring spawn, bottomfish, halibut, Dolly Varden char, eulachon, and steelhead trout in the waters of District 7, excluding enhanced king, chum, and coho salmon within the waters of the Anita Bay Terminal Harvest Area; (7) District 8: salmon, herring, herring spawn, bottomfish, halibut, Dolly Varden char, eulachon, and steelhead trout in the waters of District 8; (8) District 9, as follows: (A) salmon and Dolly Varden char in the waters of District 9 north of the latitude of Swain Point; (B) herring, herring spawn, bottomfish, and halibut in the waters of Section 9-B north of the latitude of Point Ellis; (9) District 10, as follows: (A) salmon and Dolly Varden char in the waters of District 10 west of a line from Pinta Point to False Point Pybus; (B) herring, herring spawn, bottomfish, and halibut in the waters of District 10 west of a line from Pinta Point to Point Pybus; (10) District 12, as follows: (A) salmon, smelt, and Dolly Varden char in the waters of District 12 in Basket Bay west of 134° 53.88' W. long.; (B) herring, herring spawn, bottomfish, and halibut in the waters of District 12 between the latitude of Parker Point and the latitude of Point Caution, including the waters of Whitewater Bay; (C) salmon and Dolly Varden char in the waters of District 12 south of a line from Fishery Point to South Passage Point and north of the latitude of Point Caution, including the waters of Whitewater Bay; (11) District 13, as follows; (A) salmon, other than sockeye salmon, bottomfish, and halibut in the waters of District 13; (B) sockeye salmon, as follows: (i) in the waters of Section 13-A south of the latitude of Cape Edward and the waters along the western shore of Yakobi Island east of a line from Cape Spencer Light to Surge Bay Light; (ii) in the waters of Section 13-B north of the latitude of Redfish Cape; (iii) in the waters of Section 13-C; (C) smelt and Dolly Varden char in the waters of District 13 along the western shore of Yakobi Island east of a line from Cape Spencer Light to Surge Bay Light; (D) herring and herring spawn, as follows: (i) in the waters of Section 13-A; (ii) in the waters of Section 13-B north of the latitude of Aspid Cape; (E) herring, herring spawn, and Dolly Varden char in the waters of Section 13-C east of the longitude of Point Elizabeth, including the waters of Rodman Bay; (12) District 14, as follows: (A) herring, herring spawn, bottomfish, and halibut in the waters of District 14 east of the longitude of Point Dundas; (B) salmon, smelt, and Dolly Varden char in the waters of Section 14-B and Section 14-C; (13) District 15, as follows: (A) salmon and smelt, as follows: (i) in all waters of the Chilkat River and Chilkat Inlet north of the latitude of Glacier Point; (ii) in the Chilkoot River, Lutak Inlet, and Chilkoot Inlet north of the latitude of Battery Point, excluding waters of Taiya Inlet north of the latitude of the tip of Taiya Point; (B) herring, herring spawn, bottomfish, and halibut in the waters of Section 15-A. (b) The board finds that 136,000 - 227,000 pounds of herring spawn are reasonably necessary for subsistence uses in Section 13-A, and Section 13-B north of the latitude of Aspid Cape. (c) The board finds that the following numbers of salmon are reasonably necessary for subsistence uses in the Southeastern Alaska Area: (1) Districts 1 - 4: 9,068 - 17,503 salmon; (2) Districts 5 - 8, District 10, and Section 9-B: 4,120 - 7,345 salmon; (3) Section 9-A and District 13: 10,487 - 20,225 salmon; (4) District 12: 1,100 - 1,700 salmon; (5) District 14: 600 - 1,500 salmon; (6) District 15: 7,174 - 10,414 salmon {#sec-5-aac-01.716 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.716}

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 5/15/93, Register 126; am 5/6/94, Register 130; am 6/15/95, Register 134; am 6/7/95, Register 135; am 6/19/97, Register 142; am 5/31/98, Register 146; am 6/3/2000, Register 154; am 3/11/2001, Register 157; am 4/14/2002, Register 162; am 7/18/2003, Register 167; am 5/26/2006, Register 178; am 4/24/2009, Register 190; am 7/13/2012, Register 203; am 2/23/2014, Register 209; am 7/1/2015, Register 214; am 9/19/2019, Register 231; am 10/16/2022, Register 244

5 AAC 01.717 Customary trade in herring roe on kelp. (a) The limited, noncommercial exchange for cash of subsistence-harvested herring roe on kelp, legally taken in Districts 1 - 16, under the terms of 5 AAC 01.730, is permitted as customary trade. Persons licensed under AS 43.75.011 to engage in a fisheries business may not exchange, solicit to exchange, or receive for commercial purposes subsistence-taken herring roe on kelp. Allowable possession limits for customary trade and other subsistence uses shall be those specified on permits issued according to 5 AAC 01.730(g). Permits must include the following information: (1) the intended purposes of the harvest and the estimated amount of herring roe on kelp dedicated to each purpose; (2) the name of the individual transporting the herring roe on kelp to the point of sale or transfer. (b) The permit information provided in compliance with (a) of this section may be changed before herring roe on kelp is taken, by contacting an ADF&G representative where the permit was issued {#sec-5-aac-01.717 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.717}

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 5/15/93, Register 126

5 AAC 01.720 Lawful gear and gear specifications. Fish may be taken by gear listed in 5 AAC 01.010(a) except as may be restricted under the terms of a subsistence fishing permit and except as follows: (1) in District 13, Redoubt Bay, gillnet or seine gear may not be used to take salmon in any waters of the bay closed to commercial salmon fishing; (2) a set gillnet may not be used to take salmon except in (A) the mainstream and side channels, but not the tributaries, of the Chilkat River from the terminus to one mile upstream of Wells Bridge; and (B) District 5 in Shipley Bay, not more than 100 yards from the terminus of Shipley Creek; (3) halibut may be taken only by a single line which is operated by hand with not more than two hooks attached to it; no person may operate more than one line; (4) repealed 7/18/2003; (5) in the Northern Southeast Inside Subdistrict and Southern Southeast Inside Subdistrict, a sablefish permit holder's pot gear must have at least two circular escape rings with a minimum inside diameter of three and one-half inches installed on opposing vertical or sloping walls and must have individual tunnel eye openings with perimeters of 36 inches or less; (6) fishing gear may not obstruct more than one-half the width of any salmon stream, side channel, creek, river, bay, or waterway {#sec-5-aac-01.720 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.720}

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.725 Waters closed to subsistence fishing. (a) Salmon may not be taken for subsistence purposes in (1) the Klawock River drainage upstream of the Klawock River Bridge; (2) District 15, in the salt waters of Lynn Canal, including Chilkat Inlet, Chilkoot Inlet, and Lutak Inlet, during closed periods of the commercial salmon net fishery in the district, except that salmon may be taken in salt waters of Chilkoot Inlet and Lutak Inlet north of the latitude of Battery Point at 59° 12.47' N. lat., excluding waters of Taiya Inlet north of the latitude of Taiya Point at 59° 17.27' N. lat., and in Chilkat Inlet north of the latitude of Glacier Point at 59° 06.02' N. lat. on the Saturday before and the day before any period that the commercial salmon net fishery is open in the waters of Section 15-A. (b) Groundfish may not be taken for subsistence purposes in the waters off Cape Edgecumbe enclosed by a box defined as 56° 55.5' N. lat., 56° 57' N. lat., 135° 54' W. long., and 135° 57' W. long {#sec-5-aac-01.725 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.725}

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.730 Subsistence fishing permits. (a) Eulachon in the Unuk River, and salmon, trout, char, herring spawn on kelp, and sablefish may only be taken under authority of a subsistence fishing permit. (b) Permits will not be issued for the taking of coho salmon from the Taku River and Stikine River drainages. However, coho salmon taken incidentally by gear operated under terms of a subsistence permit for other salmon are legally taken and possessed for subsistence purposes as described in (j) of this section. (c) In the Chilkat River, the subsistence fishing permit holder shall be physically present at the net while it is fishing. (d) Repealed 7/18/2003. (e) The department shall adhere to the following when issuing subsistence salmon fishing permits: (1) fishing effort must be allowed in places and during times when resource abundance will allow a harvest without jeopardizing the sustained yield of the stock and in a manner which provides for an orderly fishery; (2) any gear must be allowed which is efficient and economical in light of local circumstances and which provides for an orderly harvest without waste of the resource; (3) possession limits may be established if resources are limited relative to anticipated harvest levels; (4) the department may not set any possession limit which jeopardizes the sustained yield of a stock; (5) a permit is valid for the entire season in which it is issued; (6) the department may require the permit holder to report daily harvests on the catch calendar which accompanies the permit. (f) When a permit is denied under the guidelines in (e) of this section, the commissioner shall determine if the requested use is a subsistence use by applying the Joint Boards of Fisheries and Game criteria for the identification of subsistence uses under 5 AAC 99.010. The commissioner shall issue the permit if the commissioner determines that the request is for a subsistence use and the sustained yield of the stock will not be jeopardized. (g) When issuing a herring spawn-on-kelp subsistence fishing permit, the department may specify on the permit the times and locations for harvesting and the species of kelp that may be taken. The annual possession limit for herring spawn on kelp is 75 pounds for an individual or 325 pounds for a household of two or more persons. (h) Repealed 5/15/93. (i) The department will not issue a permit for the taking of steelhead trout, but steelhead trout taken incidentally by gear operated under the terms of a subsistence permit for salmon are legally taken and possessed for subsistence purposes. A holder of a subsistence salmon permit must report any steelhead trout taken in this manner on the permit holder's permit calendar. (j) Salmon, trout, or char taken incidentally by gear operated under the terms of a subsistence permit for salmon are legally taken and possessed for subsistence purposes, except that the possession limit for king salmon is two fish. A holder of a subsistence salmon permit must report any salmon, trout, or char taken in this manner on the permit holder's permit calendar. (k) In addition to the reporting requirement under (e) of this section, the department will, to the extent practicable, use a harvest monitoring program with surveys and interviews to record the harvest of herring spawn on branches, kelp, and seaweed taken in the waters of Section 13-A and Section 13-B north of the latitude of Aspid Cape. (l) The department will issue only one sablefish subsistence fishing permit per household per year under this section. A permit holder shall record sablefish harvest information on harvest recording forms provided by the department {#sec-5-aac-01.730 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.730}

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.740 Marking of subsistence-taken salmon. Subsistence fishermen shall immediately remove the dorsal fin of all salmon when taken {#sec-5-aac-01.740 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.740}

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.745 Subsistence bag and possession limits; annual limits. (a) The daily bag limit for halibut is two fish and the possession limit is two daily bag limits. No person may possess sport-taken and subsistence-taken halibut on the same day. (b) No person may possess subsistence-taken and sport-taken salmon on the same day. (c) In the subsistence fishery established in 5 AAC 01.710(f), the total annual limit for salmon is 25 salmon per household. (d) There is no daily bag or possession limit for aquatic plants, other than herring spawn on kelp, that are taken for subsistence purposes. (e) In the Ketchikan Management Area, in waters open to subsistence salmon fishing under a household subsistence salmon fishing permit, the possession and annual limits for salmon per household are as follows: (1) sockeye salmon: the possession limit is 10 sockeye salmon, with an annual limit of 20 sockeye salmon, except as follows: (A) District 1: in the following waters, the possession limit is 12 sockeye salmon, with no annual limit: (i) Hugh Smith Lake and Sockeye Creek, combined; (ii) Naha River east of 131° 37.03' W. long.; (B) District 2: in the waters of the Karta River and Kasaan Bay, combined, the possession limit is 20 sockeye salmon, with no annual limit; (C) District 3: in the following waters, the following possession and annual limits apply: (i) Eek Lake, Hetta Lake Creek, and Hetta Inlet, combined: the possession limit is 20 sockeye salmon, with no annual limit; (ii) Klakas Inlet and Klakas Lake, combined: the possession limit is 20 sockeye salmon, with no annual limit; (iii) Klawock Inlet and Klawock River, combined: the possession limit is 20 sockeye salmon, with no annual limit; (iv) Sarkar Cove and Sarkar Lake, combined: the possession limit is 20 sockeye salmon, with an annual limit of 40 sockeye salmon; (2) coho salmon: the possession limit is 20 coho salmon, with an annual limit of 40 coho salmon; (3) pink salmon: the possession limit is 150 pink salmon, with no annual limit; (4) chum salmon: the possession limit is 25 chum salmon, with no annual limit. (f) In the Petersburg-Wrangell Management Area, in waters open to subsistence salmon fishing under a household subsistence salmon fishing permit, the possession and annual limits for salmon per household are as follows: (1) sockeye salmon may not be taken for subsistence uses, except that sockeye salmon may be taken in the vicinity of Point Baker as described in 5 AAC 01.710(f) and (c) of this section, and in the following waters, with the following possession and annual limits: (A) District 5: in Shipley Bay, the possession limit is 25 sockeye salmon, with an annual limit of 50 sockeye salmon; (B) District 6: in the following waters, the possession and annual limit is 30 sockeye salmon: (i) Red Bay; (ii) Salmon Bay; (C) District 7: in the following waters, the possession limit is 20 sockeye salmon, with an annual limit of 40 sockeye salmon: (i) Mill Creek; (ii) Thoms Creek; (D) Section 9-B: in the following waters, the possession and annual limit is 50 sockeye salmon: (i) Alecks Creek; (ii) Bay of Pillars; (2) coho salmon: the possession limit is 20 coho salmon, with an annual limit of 40 coho salmon; (3) pink salmon: the possession limit is 100 pink salmon, with no annual limit; (4) chum salmon: the possession limit is 50 chum salmon, with no annual limit. (g) In the Sitka Management Area, in waters open to subsistence salmon fishing under a household subsistence salmon fishing permit, the possession and annual limits for salmon per household are as follows: (1) sockeye salmon: the possession and annual limit is 10 sockeye salmon, except as follows: (A) Section 9-A: in the following waters, the following possession and annual limits apply: (i) Falls Lake: the possession and annual limit is 25 sockeye salmon; (ii) Gut Bay: the possession limit is 10 sockeye salmon, with an annual limit of 20 sockeye salmon; (B) District 13: in the following waters, the following possession and annual limits apply: (i) Ford Arm and Ford Arm Lake, combined: the possession and annual limit is 25 sockeye salmon; (ii) Hanus Bay and Lake Eva, combined: the possession and annual limit is 50 sockeye salmon; (iii) Hoktaheen Cove, Hoktaheen Creek, and Hoktaheen Lake, combined: the possession and annual limit is 50 sockeye salmon; (iv) Klag Bay and Camp Lake, combined: the possession and annual limit is 50 sockeye salmon; (v) Lake Anna: the possession and annual limit is 25 sockeye salmon; (vi) Necker Bay and Benzeman Lake, combined: the possession limit is 100 sockeye salmon, with no annual limit; (vii) Redfish Bay and Tumakof Lake, combined: the possession limit is 50 sockeye salmon, with an annual limit of 100 sockeye salmon; (viii) Redoubt Bay and Redoubt Lake, combined: the possession and annual limits are as specified in 5 AAC 01.760(b) and (d); (ix) Sitkoh Bay and Sitkoh Lake, combined: the possession and annual limit is 50 sockeye salmon; (x) Surge Bay and Surge Lake, combined: the possession and annual limit is 50 sockeye salmon; (xi) Whale Bay and Politofski Lake, combined: the possession and annual limit is 50 sockeye salmon; (2) coho salmon: the possession limit is 20 coho salmon, with an annual limit of 40 coho salmon; (3) pink salmon: the possession limit is 100 pink salmon, with no annual limit; (4) chum salmon: the possession limit is 50 chum salmon, with no annual limit. (h) In the Juneau Management Area, in waters open to subsistence salmon fishing under a household subsistence salmon fishing permit, the possession and annual limits for salmon per household are as follows: (1) sockeye salmon may not be taken for subsistence uses, except that in the following waters sockeye salmon may be taken with the following possession and annual limits: (A) District 12: in the following waters, the following possession and annual limits apply: (i) Basket Bay: the possession and annual limit is 30 sockeye salmon; (ii) Hasselborg River and Salt Lake, combined: the possession and annual limit is 50 sockeye salmon; (iii) Kanalku Bay: the possession and annual limit is 20 sockeye salmon; (B) District 14: in the following waters, the following possession and annual limits apply: (i) Berg Bay: the possession and annual limit is 25 sockeye salmon; (ii) Neva Creek: the possession and annual limit is 20 sockeye salmon; (2) coho salmon: the possession limit is 20 coho salmon, with an annual limit of 40 coho salmon, except that in Hasselborg River and Salt Lake, combined, the possession and annual limit is 20 coho salmon; (3) pink salmon: the possession limit is 150 pink salmon, with no annual limit; (4) chum salmon: the possession limit is 50 chum salmon, with no annual limit. (i) In the Haines Management Area, salmon may not be taken for subsistence uses, except that in the Chilkat River, Chilkat Inlet, Lutak Inlet, and Chilkoot River, combined, salmon may be taken for subsistence uses under a household subsistence salmon fishing permit with the following possession and annual limits per household: (1) sockeye salmon: the possession limit is 25 sockeye salmon, with an annual limit of 50 sockeye salmon; (2) coho salmon: the possession limit is 20 coho salmon, with an annual limit of 40 coho salmon; (3) pink and chum salmon, combined: the possession limit is 75 pink and chum salmon, combined, with an annual limit of 100 pink and chum salmon, combined. (j) For the purposes of this section, the (1) Ketchikan Management Area consists of the waters of the Southeastern Alaska Area in Districts 1 - 4; (2) Petersburg-Wrangell Management Area consists of the waters of the Southeastern Alaska Area in Districts 5 - 8, Section 9-B, and District 10; (3) Sitka Management Area consists of the waters of the Southeastern Alaska Area in Section 9-A, District 12 south of the latitude of Point Hayes and west of a line midway between the shoreline of Admiralty Island and the shorelines of Chichagof Island, Baranof Island, and Catherine Island, and District 13; (4) Juneau Management Area consists of the waters of the Southeastern Alaska Area in Districts 11, 12, 14, and 16, except for those waters of District 12 described in (3) of this subsection; (5) Haines Management Area consists of the waters of the Southeastern Alaska Area in District 15. (k) Eulachon on the Unuk River: the possession and annual limit is 50 pounds of eulachon smelt {#sec-5-aac-01.745 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.745}

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.747 Subsistence fishing policy for the Petersburg, Wrangell, and Sitka road systems. (a) Salmon streams flowing across or adjacent to the road systems of Petersburg, Wrangell, and Sitka support only limited runs of salmon. Harvestable numbers of salmon in excess of the spawning escapement needs for those streams are normally of such a small magnitude that these numbers alone are not sufficient to support the consumptive demands of those communities. Therefore, permits allowing the use of nets shall not be issued for the streams along the road systems of those communities. (b) Repealed 4/14/82 {#sec-5-aac-01.747 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.747}

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 01.750 Vessel specifications and operations. From January 1 through August 31, in the waters of Klawock Harbor enclosed by a line from the northernmost tip of Klawock Island at 55° 33.42' N. lat., 133° 06.38' W. long. to Klawock Island Light to the Klawock Cannery Dock, at 55° 33.47' N. lat., 133° 05.96' W. long., a person may subsistence salmon fish from a vessel that is powered only by hand or an outboard motor of no greater than 50 horsepower {#sec-5-aac-01.750 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.750}

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 6/10/87, Register 102; readopt 5/15/93, Register 126; am 7/13/2012, Register 203; am 7/1/2015, Register 214

5 AAC 01.760 Redoubt Bay and Lake Sockeye Salmon Fisheries Management Plan. (a) The management plan in this section provides guidelines to the department for allocating Redoubt Lake sockeye salmon between the commercial, sport, and subsistence fisheries. The department shall manage the Redoubt Bay and Lake sockeye salmon fisheries to achieve an optimal escapement goal of 7,000 - 25,000 sockeye salmon. For the purpose of this section, Redoubt Bay consists of the waters of Redoubt Bay south of 56° 54.71' N. lat. (b) In the Redoubt Bay and Lake subsistence salmon fishery, (1) sockeye salmon may be taken (A) from June 1 through August 31; and (B) by gaff, dip net, seine, gillnet, and a hook and line attached to a rod or pole; (2) a subsistence salmon fishery permit holder may snag salmon in the waters of Redoubt Bay north (seaward) of a line approximately 100 yards from the base of the falls as marked by ADF&G regulatory markers; (3) unless otherwise provided in (d) of this section, the possession limit is 10 sockeye salmon per household, and the annual limit is 50 sockeye salmon per household. (c) In the Redoubt Bay and Redoubt Lake drainage sport fishery for sockeye salmon, (1) unless otherwise provided in (d) of this section, the bag and possession limit for sockeye salmon is four fish; (2) from June 1 through July 15, a sport angler may not snag salmon in the waters of Redoubt Bay; (3) from July 16 through August 31, a nonresident sport angler may not snag salmon in the waters of Redoubt Bay. (d) The department will manage the Redoubt Bay sockeye salmon fisheries by using inseason escapement counts from the Redoubt Lake weir and historical run timing to project the total escapement level. To project that level, the department may also consider other sources of available information, including aerial surveys, boat surveys, and inseason harvest data. Based on the projected total escapement level, the commissioner shall open and close, by emergency order, the Redoubt Bay and Lake sockeye salmon fisheries as follows: (1) when the projected total escapement level of sockeye salmon is less than 7,000 fish, the commissioner shall close the commercial, sport, and subsistence fisheries in Redoubt Bay and Lake for sockeye salmon; (2) when the projected total escapement level of sockeye salmon is greater than 7,000 but not more than 10,000 fish, the commissioner shall, (A) close the commercial and sport fisheries in Redoubt Bay and Redoubt Lake drainage for sockeye salmon; and (B) in the commissioner's discretion, (i) reduce the possession limit for the subsistence sockeye salmon fishery to five sockeye salmon per household and reduce the annual limit to 25 salmon per household; or (ii) close the subsistence sockeye salmon fisheries; (3) when the projected total escapement level of sockeye salmon is greater than 20,000 but not more than 30,000 fish, the commissioner shall establish for the subsistence salmon fishery, a possession limit of 25 salmon per household, and an annual limit of 50 salmon per household; (4) when the projected total escapement level of sockeye salmon is greater than 30,000 fish, the commissioner shall establish (A) for the subsistence salmon fishery, a possession limit of 25 salmon per household, and an annual limit of 100 salmon per household; (B) for the sport fishery, a bag and possession limit of six salmon; (5) in addition to the provisions of (4) of this subsection, when the projected total escapement level of sockeye salmon is greater than 40,000 fish, the commissioner may (A) open portions of Redoubt Bay to a commercial fishery on sockeye salmon returning to Redoubt Lake; (B) issue community subsistence permits under the provisions of (e) of this section; (C) notwithstanding 5 AAC 01.720(1), allow the use of seine or gillnet gear in the subsistence fishery in the waters of Redoubt Bay north (seaward) of a line approximately 100 yards from the base of the falls, as marked by ADF&G regulatory markers. (e) The following provisions apply to the department issuance of community harvest permits for the Redoubt Bay community harvest area described as the waters of Redoubt Bay that are north (seaward) of a line approximately 150 yards from the base of the falls as marked by ADF&G regulatory markers: (1) a community harvest permit shall list all households for whom the designated community harvester is fishing; (2) the designated community harvester must have in the harvester's possession a household subsistence harvest permit for each household that is listed on the community harvest permit; (3) under a community harvest permit, the total harvest may not exceed the combined harvest limits of the households listed on the community harvest permit or a possession limit of 500 fish, whichever is less; (4) a person qualified to obtain a subsistence salmon fishing household permit in the Redoubt Bay fishery may designate only one community harvester at a time to harvest fish on behalf of that household; (5) a designated community harvester must record on each household subsistence permit, the number of fish harvested for the household to which the household permit was issued; the amount may not exceed the possession limit of the household to which the household permit was issued; and (6) for the purposes of this section, the legal gear for harvest under a community harvest permit are a beach seine, hand purse seine, dip net, gaff, spear, and a hook and line attached to a rod or pole {#sec-5-aac-01.760 omnilex-key=us-ak-regs-official--title-5--5 AAC 01.760}

History

Authority: AS 16.05.060; AS 16.05.258 AS 16.05.251; AS 16.05.330
Eff. 7/18/2003, Register 167; am 7/26/2003, Register 167; am 6/5/2016, Register 218; am 10/16/2022, Register 244; am 6/27/2025, Register 254

Chapter 02 Subsistence Shellfish Fishery

Article 1 Statewide Provisions

5 AAC 02.001 Application of this chapter {#sec-5-aac-02.001 omnilex-key=us-ak-regs-official--title-5--5 AAC 02.001}

Regulations in this chapter apply to subsistence fishing for Dungeness crab, king crab, Tanner crab, shrimp, clams, abalone and other types of shellfish or their parts. The descriptions of legal types of gear (5 AAC 39.105), the definitions (5 AAC 39.975) and the abbreviations and symbols (5 AAC 39.997) set forth in 5 AAC 39 are applicable to the regulations in this chapter.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 02.005 Subsistence fishing permitted {#sec-5-aac-02.005 omnilex-key=us-ak-regs-official--title-5--5 AAC 02.005}

Shellfish may be taken for subsistence purposes at any time in any area of the state by any method unless restricted by the subsistence fishing regulations in this chapter.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 02.010 Methods, means, and general restrictions {#sec-5-aac-02.010 omnilex-key=us-ak-regs-official--title-5--5 AAC 02.010}

(a) Unless otherwise provided in this title, the following are legal types of gear for subsistence fishing:

(1) gear specified in 5 AAC 39.105;

(2) jigging gear which consists of a line or lines with lures or baited hooks which are operated during periods of ice cover from holes cut in the ice and which are drawn through the water by hand;

(3) a spear which is a shaft with a sharp point or fork-like implement attached to one end, used to thrust through the water to impale or retrieve fish and which is operated by hand;

(4) a lead which is a length of net employed for guiding fish into a seine or a length of net or fencing employed for guiding fish into a fish wheel, fyke net, or dip net.

(b) Unless otherwise specified in this chapter, it is unlawful to buy or sell subsistence-taken shellfish, their parts, or their eggs, except that it is lawful to buy or sell a handicraft made out of the skin, shell, or nonedible by-products of shellfish taken for personal or family consumption.

(c) The use of explosives and chemicals is prohibited, except that chemical baits or lures may be used to attract shellfish.

(d) Subsistence fishing by the use of a line attached to a rod or pole is prohibited except when fishing through the ice in the Bering Sea Area.

(e) Marking requirements for subsistence shellfish gear are as follows:

(1) a person who is subsistence fishing shall plainly and legibly inscribe that person's first initial, last name, and address on a keg or buoy attached to unattended subsistence fishing gear, except that if a person is fishing through ice, a stake inscribed with the first initial, last name, and address inserted in the ice near the hole may be substituted for the keg or buoy; subsistence fishing gear may not display a permanent ADF&G vessel license number;

(2) kegs or buoys attached to subsistence crab pots or ring nets also must be inscribed with the name or the division of motor vehicles boat registration number, issued under 2 AAC 70, of the vessel used to operate the pots or ring nets.

(f) Pots used for subsistence fishing must comply with the escape mechanism requirements in 5 AAC 39.145.

(g) No person may mutilate or otherwise disfigure a crab in any manner which would prevent determination of the minimum size restrictions in 5 AAC 02 until the crab has been processed or prepared for consumption.

(h) Repealed 5/15/93.

(i) Subsistence shellfish pot limits are as follows:

(1) except in the Kotzebue Sound Section and when fishing through the ice in the Norton Sound Section, no more than five pots per person and 10 pots per vessel may be used to take crab;

(2) repealed 5/9/2015.

(j) Effective July 1, 1986, shellfish may be taken only by residents.

(k) Repealed 5/15/93.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 02.011 Subsistence fishing by proxy {#sec-5-aac-02.011 omnilex-key=us-ak-regs-official--title-5--5 AAC 02.011}

(a) Shellfish may be taken by subsistence fishing by proxy only as provided in AS 16.05.405 and in this section.

(b) Any species of shellfish that may be taken by subsistence fishing under this chapter may be taken by subsistence fishing by proxy.

(c) Before a proxy may take, attempt to take, or transport shellfish taken under this section, on behalf of a beneficiary, the proxy or the beneficiary shall obtain and complete a proxy fishing information form available from the department. The proxy or the beneficiary shall take or mail the completed form to any ADF&G office for validation. The department shall return the validated form and retain a copy for the department's records. In addition to the requirements of AS 16.05.405(c), the proxy must have in possession a validated proxy fishing information form when taking, attempting to take, or transporting shellfish taken under this section, on behalf of a beneficiary. A subsistence fishing permit issued by the department may be substituted for the proxy fishing information form if the information requested on the subsistence fishing permit is the same as the information requested on the proxy fishing information form.

(d) As provided in AS 16.05.405, a proxy who takes or attempts to take shellfish by subsistence fishing on behalf of a beneficiary may, at the same time, fish for the proxy's own use, except that the proxy

(1) may not take more than twice the bag limit, and may not possess more than twice the possession limit, of a species, as established in this chapter, for the waters in which the fishing occurs; and

(2) may not fish with more than one legal limit of gear, as established in this chapter.

(e) A beneficiary may not authorize more than one proxy to take or attempt to take shellfish on the beneficiary's behalf at one time. A beneficiary may not personally take or attempt to take shellfish at the same time that a proxy is taking or attempting to take shellfish on the beneficiary's behalf.

(f) A person may not give or receive remuneration in order to obtain, grant, or influence the granting of an authorization to take or attempt to take shellfish by proxy on behalf of a beneficiary.

(g) In this section,

(1) "beneficiary" means a resident

(A) who is blind, is a person with physical or developmental disabilities as defined in AS 16.05.940, or is 65 years of age or older; and

(B) on whose behalf shellfish are to be taken or attempted to be taken under AS 16.05.405;

(2) "proxy" means a resident who holds a valid resident sport fishing license and who wishes to take or attempt to take shellfish on behalf of a beneficiary under AS 16.05.405;

(3) "fishing site" means the location where the shellfish is removed from the water and becomes part of the beneficiary's specified limit.

(i) Before concealing the shellfish from plain view or transporting the shellfish from the fishing site, a proxy must record on the proxy fishing information form, or a subsistence permit if allowed under (c) of this section, the date, location (body of water fished), species, approximate weight, and number of the shellfish taken by the proxy on behalf of a beneficiary.

(j) Within 30 days after taking shellfish for a beneficiary under this section, a proxy must personally deliver the shellfish to the beneficiary.

History

Authority: Sec. 1, ch. 81,AS 16.05.258; AS 16.05.405 SLA 1992AS 16.05.370 AS 16.05.251; AS 16.05.403
Eff. 7/3/94, Register 130; am 6/15/95, Register 134; am 3/15/2008, Register 185; am 9/19/2019, Register 231; am 9/24/2021, Register 239

5 AAC 02.015 Subsistence fishing permits and reports {#sec-5-aac-02.015 omnilex-key=us-ak-regs-official--title-5--5 AAC 02.015}

(a) If a subsistence fishing permit is required by this chapter, the following conditions apply unless otherwise specified by the subsistence fishing regulations this chapter:

(1) the numbers of shellfish taken for subsistence use may not exceed the limits set out in the permit;

(2) permits must be obtained from the department before subsistence fishing;

(3) permits must be retained in the possession of the permittee and be readily available for inspection while taking or transporting the species for which the permit is issued;

(4) the permit may designate the species and numbers of shellfish to be harvested, time and area of fishing, the type and amount of fishing gear and other conditions necessary for management or conservation purposes;

(5) if specified on the permit, each subsistence fisherman shall keep accurate daily records of the catch involved, showing the number of shellfish taken by species, location and date of the catch and such other information as the department may require for management or conservation purposes;

(6) subsistence fishing reports must be completed on forms provided by the department or electronically at a time specified by the department for each particular area and fishery;

(7) if applicable, the total annual possession limit for the permittee must be entered on each permit by the local representative of the department issuing the permit; if applicable, the local representative of the department issuing the permit shall require from an applicant documented proof of residency, income or other criteria required by regulation, or in the absence of such documentation, a signed affidavit setting forth duration of residency, income or other criteria required by regulation, to determine the applicable annual possession limit and residency of the applicant.

(b) If the return of catch information necessary for management and conservation purposes is required by a subsistence fishing permit, a permittee who fails to comply with such reporting requirements is ineligible to receive a subsistence permit for that activity during the following calendar year, unless the permit applicant demonstrates to the department that failure to report was due to loss in the mail, accident, sickness or other unavoidable circumstances.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 02.019 Prohibitions on shellfish pot gear {#sec-5-aac-02.019 omnilex-key=us-ak-regs-official--title-5--5 AAC 02.019}

A person may not disturb, tamper with, or retrieve another person's shellfish pot gear without prior permission of the owner of that pot gear.

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 7/1/2006, Register 178; am 9/12/2008, Register 187

5 AAC 02.020 Subsistence fishing by commercial fishermen {#sec-5-aac-02.020 omnilex-key=us-ak-regs-official--title-5--5 AAC 02.020}

Repealed 5/15/93.

5 AAC 02.021 Retention of fish taken in commercial fisheries {#sec-5-aac-02.021 omnilex-key=us-ak-regs-official--title-5--5 AAC 02.021}

Repealed.

History

Eff. 5/15/93, Register 126; repealed 2/22/2015, Register 213

5 AAC 02.025 Use of commercially licensed or registered vessels {#sec-5-aac-02.025 omnilex-key=us-ak-regs-official--title-5--5 AAC 02.025}

(a) Limitations on the use of subsistence shrimp pots by vessels and participants in commercial shrimp pot fisheries and the use of subsistence trawls by vessels and participants in commercial shrimp trawl fisheries are contained in 5 AAC 31.

(b) Limitations on the use of subsistence Dungeness crab gear by vessels and participants in commercial Dungeness crab fisheries are contained in 5 AAC 32.

(c) Limitations on the use of subsistence king crab gear by vessels and participants in commercial king crab fisheries are contained in 5 AAC 34.

(d) Limitations on the use of subsistence Tanner crab gear by vessels and participants in commercial Tanner crab fisheries are contained in 5 AAC 35.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 02.027 Prohibitions for use of subsistence-taken shellfish {#sec-5-aac-02.027 omnilex-key=us-ak-regs-official--title-5--5 AAC 02.027}

(a) An owner, operator, or employee of a lodge, charter vessel, or other enterprise that furnishes food, lodging, or sport fishing guide services may not furnish to a client or guest of that enterprise, shellfish that has been taken under this chapter, unless the

(1) shellfish has been taken with gear deployed and retrieved by the client or guest;

(2) gear has been marked with the client's or guest's name and address, as specified in 5 AAC 02.010(e)(1); and

(3) shellfish is to be consumed by the client or guest or is consumed in the presence of the client or guest.

(b) The captain and crewmembers of a charter vessel may not deploy, set, or retrieve their own gear in a subsistence fishery when that vessel is being chartered.

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 7/16/2011, Register 199; am 7/13/2012, Register 203

5 AAC 02.030 Unlawful possession of subsistence shellfish {#sec-5-aac-02.030 omnilex-key=us-ak-regs-official--title-5--5 AAC 02.030}

(a) No person may possess, transport or place into the possession of another person, raw or unprocessed subsistence-taken shellfish or their parts that the person has taken contrary to state law or regulation.

(b) No person may possess or transport raw or unprocessed subsistence-taken shellfish or their parts if the items have been received from a person who took, possessed or transported the items contrary to state law or regulation and if the person receiving the items knows, has reason to know or should have reason to know that the items were taken, possessed or transported contrary to state law or regulation.

(c) No person may possess or transport raw or unprocessed subsistence-taken shellfish or their parts that the person knows were taken, possessed or transported contrary to state law or regulation.

(d) No person may take or possess shellfish smaller than the minimum legal size limits.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 02.035 Width of shell measurement for king and Tanner crab {#sec-5-aac-02.035 omnilex-key=us-ak-regs-official--title-5--5 AAC 02.035}

In this chapter, the width of shell measurement for king and Tanner crab is the greatest straight-line distance across the carapace at a right angle to a line midway between the eyes to the midpoint of the posterior portion of the carapace, including the spines.

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 9/12/2008, Register 187

5 AAC 02.040 Policy on closures due to illegal fishing {#sec-5-aac-02.040 omnilex-key=us-ak-regs-official--title-5--5 AAC 02.040}

History

Authority: AS 16.05.060; AS 16.05.251; AS 16.05.258

Authority: AS 16.05.251; AS 16.05.258
Eff. 5/9/2015, Register 214

5 AAC 02.107 Limitations on participation in subsistence shellfish fisheries {#sec-5-aac-02.107 omnilex-key=us-ak-regs-official--title-5--5 AAC 02.107}

Repealed 5/15/93.

5 AAC 02.108 Customary and traditional subsistence uses of shellfish stocks {#sec-5-aac-02.108 omnilex-key=us-ak-regs-official--title-5--5 AAC 02.108}

The Alaska Board of Fisheries finds that the following shellfish stocks are customarily and traditionally taken or used for subsistence in the following portions of the Southeastern Alaska-Yakutat Area outside of the nonsubsistence areas described in 5 AAC 99.015(a)(1) and (2):

(1) District 1: shellfish, except shrimp, king crab, and Tanner crab, in the waters of

(A) Section 1-E south of the latitude of Grant Island Light;

(B) Section 1-F north of the latitude of the northernmost tip of Mary Island, except the waters of Boca de Quadra;

(2) District 2: shellfish, except shrimp, king crab, and Tanner crab in the waters north of the latitude of the northernmost tip of Chasina Point and west of a line from the northernmost tip of Chasina Point to the easternmost tip of Grindall Island to the easternmost tip of the Kasaan Peninsula;

(3) District 3: shellfish, except shrimp, king crab, and Tanner crab, in the waters of Section 3-A and Section 3-B;

(4) District 5: shellfish, except shrimp, king crab, and Tanner crab, in the waters of District 5 that are

(A) except as specified in (B) of this paragraph, north of a line from Point St. Albans to Cape Pole; and

(B) north of 56° 40' N. lat.;

(5) District 6: shellfish, except shrimp, king crab, and Tanner crab, in the waters of

(A) Section 6-A west of a line from Macnamara Point to Mitchell Point; and

(B) Section 6-B west of the longitude of Macnamara Point;

(6) District 7: shellfish, except king crab and Tanner crab, in the waters of District 7;

(7) District 8: shellfish, except king crab and Tanner crab, in the waters of District 8;

(8) District 9: shellfish, except shrimp, king crab, and Tanner crab, in the waters of Section 9-B north of the latitude of Point Ellis;

(9) District 10: shellfish, except shrimp, king crab, and Tanner crab, in the waters of District 10 west of a line from Pinta Point to Point Pybus;

(10) District 12: shellfish, except shrimp, king crab, and Tanner crab, in the waters of District 12 between the latitude of Parker Point and the latitude of Point Caution;

(11) District 13, as follows:

(A) except as specified in (B) of this paragraph, Dungeness crab, shrimp, abalone, sea cucumbers, gum boots, cockles, and clams, except geoducks, in the waters of District 13;

(B) shellfish, except shrimp, king crab, and Tanner crab, in the waters of Section 13-C east of the longitude of Point Elizabeth;

(12) District 14: shellfish, except shrimp, king crab, and Tanner crab, in the waters of District 14 east of the longitude of Point Dundas;

(13) District 15: shellfish, except king crab and Tanner crab, in the waters of Section 15-A;

(14) Yakutat District: shellfish in the waters of Yakutat Bay, including the islands within Yakutat Bay, west of the Situk River drainage, and south of and including Russell Fjord, within a line from the westernmost point of Point Manby to the southernmost point of Ocean Cape.

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 5/15/93, Register 126; am 6/27/93, Register 126; am 6/15/95, Register 134; am 6/19/97, Register 142; am 5/31/98, Register 146; am 7/18/2003, Register 167; am 5/9/2015, Register 214

5 AAC 02.109 Lawful gear for subsistence shellfish fisheries {#sec-5-aac-02.109 omnilex-key=us-ak-regs-official--title-5--5 AAC 02.109}

In the Southeastern Alaska-Yakutat Area,

(1) in the subsistence taking of shellfish other than shrimp, no more than five pots of any type, per person, and no more than 10 pots of any type, per vessel, may be used;

(2) in the subsistence taking of sea cucumbers, sea cucumbers may not be taken with the use of diving gear in the waters described in 5 AAC 38.140(k) that are closed to commercial sea cucumber fishing.

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 5/9/2015, Register 214

5 AAC 02.110 Subsistence shrimp fishery {#sec-5-aac-02.110 omnilex-key=us-ak-regs-official--title-5--5 AAC 02.110}

In the subsistence taking of shrimp,

(1) a pot used to take shrimp must have

(A) no more than four tunnel eye openings; a tunnel eye opening may not exceed 15 inches in perimeter;

(B) a bottom perimeter of no more than 153 inches; and

(2) no more than 10 pots per person, and no more than 20 pots per vessel, may be used to take shrimp;

(3) from February 15 through April 30, a commercially licensed and registered shrimp fishing vessel may not be used to take shrimp for subsistence purposes in Districts 6 - 8 and District 10.

(4) shrimp may only be taken under the authority of a permit issued under 5 AAC 02.015; only one permit may be issued to a household each year;

(5) in waters of District 13, except the waters of Section 13-C east of the longitude of Point Elizabeth at 57° 30.60' N. lat., 135° 17.57' W. long., the bag and possession limit for spot shrimp is ten gallons, whether whole or de-headed; bag and possession limits specified in this subsection are not in addition to those allowed under sport or personal use regulations;

(6) shrimp may only be taken from May 1 through February 28.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 02.115 Subsistence Dungeness crab fishery {#sec-5-aac-02.115 omnilex-key=us-ak-regs-official--title-5--5 AAC 02.115}

In the subsistence taking of Dungeness crab,

(1) the daily bag and possession limit is 20 crab per person except that, in waters of Thorne Bay west of the longitude of the southernmost tip of Thorne Head, the daily bag and possession limit is five crab;

(2) only male Dungeness crab six and one-half inches or greater in shoulder width may be taken or possessed; male Dungeness crab less than the minimum legal size and female Dungeness crab that have been taken must be immediately returned to the water unharmed; for the purposes of this paragraph, the shoulder width measurement of Dungeness crab is the straight-line distance across the carapace immediately anterior to the tenth anterolateral spine, not including the spines;

(3) spears and gaffs may not be used in Districts 1 - 16;

(4) repealed 7/14/85;

(5) live holding facilities utilized to accumulate or pool multiple bag limits by an individual or individuals are not allowed;

(6) a pot used to take Dungeness crab under this section must have at least two escape rings that each are not less than four and three-eighths inches, inside diameter; the escape rings must be located on opposite sides of the pot and the upper half of the vertical pane of the pot;

(7) no more than 10 ring nets per person, with a maximum of 20 ring nets per vessel, may be used to take Dungeness crab.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 02.120 Subsistence king crab fishery {#sec-5-aac-02.120 omnilex-key=us-ak-regs-official--title-5--5 AAC 02.120}

In the subsistence taking of king crab,

(1) repealed 4/23/94;

(2) repealed 7/14/85;

(3) in the districts described in 5 AAC 30.200,

(A) red and blue king crab may not be taken from April 1 through June 30;

(B) only male king crab seven inches or larger in width of shell may be taken or possessed;

(4) in the Yakutat Area, the daily bag and possession limit is two crab per person and only male crab may be taken;

(5) an operator of a commercially licensed and registered king crab fishing vessel shall obtain a permit from the department before taking king crab for subsistence purposes in waters of Yakutat Bay enclosed by a line from the westernmost tip of Ocean Cape to the easternmost tip of Point Manby during the open commercial king crab fishing season; the department may set out requirements in the permit for the conservation of the king crab resource and to ensure compliance with other applicable fishing laws;

(6) a pot used to take king crab under this section must have at least two escape rings on opposing vertical or sloping sides of the pot that each are not less than six and one-quarter inches inside diameter;

(7) no more than 10 ring nets per person, with a maximum of 20 ring nets per vessel, may be used to take king crab;

(8) a person may not utilize a live holding facility to accumulate or pool multiple bag limits of king crab.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 02.125 Subsistence Tanner crab fishery {#sec-5-aac-02.125 omnilex-key=us-ak-regs-official--title-5--5 AAC 02.125}

In the subsistence taking of Tanner crab,

(1) the possession limit for Tanner crab is 30 crab per person, per day; only male Tanner crab five and one-half inches or greater in width of shell may be taken or possessed; male Tanner crab less than the minimum legal size and female Tanner crab that have been taken must be immediately returned to the water unharmed;

(2) repealed 7/14/85;

(3) a pot used to take Tanner crab under this section must have at least two circular escape rings on opposing vertical or sloping sides of the pot that each are not less than four and three-quarter inches inside diameter;

(4) no more than 10 ring nets per person, with a maximum of 20 ring nets per vessel, may be used to take Tanner crab;

(5) a person may not utilize a live holding facility to accumulate or pool multiple bag limits of Tanner crab.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 02.130 Subsistence clam fishery {#sec-5-aac-02.130 omnilex-key=us-ak-regs-official--title-5--5 AAC 02.130}

(a) In the subsistence taking of geoducks, the bag limit is six geoducks per person per day.

(b) Unless opened by emergency order, the Sitka Sound Special Use Area described in 5 AAC 77.674(3)(A)(i) is closed to the harvest of razor clams.

History

Authority: AS 16.05.060; AS 16.05.251; AS 16.05.258

5 AAC 02.135 Subsistence abalone fishery {#sec-5-aac-02.135 omnilex-key=us-ak-regs-official--title-5--5 AAC 02.135}

In the subsistence taking of abalone,

(1) the possession limit is five abalone per person;

(2) the minimum legal size is three and one-half inches (89 mm) in greatest diameter of shell;

(3) subsistence fishing is prohibited while engaged in commercial abalone fishing; prior to engaging in the subsistence fishery, commercial abalone fishermen must return the commercial permit to the Department of Fish and Game and land the commercial catch in possession;

(4) repealed 6/30/83;

(5) a diver using a compressed air system, such as scuba or hookah, may not take abalone.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 02.140 Subsistence scallop fishery {#sec-5-aac-02.140 omnilex-key=us-ak-regs-official--title-5--5 AAC 02.140}

In the subsistence taking of rock scallops (Hinnites sp) and weathervane scallops (Pecten sp), the daily bag and possession limit is five rock scallops and 10 weathervane scallops.

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 9/8/94, Register 131

5 AAC 02.199 Prohibitions {#sec-5-aac-02.199 omnilex-key=us-ak-regs-official--title-5--5 AAC 02.199}

Repealed.

History

Eff. 6/19/97, Register 142; am 6/3/2000, Register 154; am 2/10/2005, Register 173; am 7/1/2006, Register 178; repealed 7/13/2012, Register 203

Article 3 Prince William Sound Area

5 AAC 02.200 Description of the Prince William Sound Area {#sec-5-aac-02.200 omnilex-key=us-ak-regs-official--title-5--5 AAC 02.200}

The Prince William Sound Area has as its western boundary the longitude of Cape Fairfield (148° 50.25' W. long.), as its eastern boundary the longitude of Cape Suckling (144° W. long.), and as its seaward boundary the 400-fathom (732 m) depth contour.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 02.206 Subsistence king and Tanner crab fishing permit {#sec-5-aac-02.206 omnilex-key=us-ak-regs-official--title-5--5 AAC 02.206}

A person must obtain a subsistence crab permit, described in 5 AAC 02.015, from the department before harvesting crab with pots in the Prince William Sound Area. Upon taking king or Tanner crab and before concealing the crab from plain view or removing the crab from the fishing site, the person must enter the catch information requested on the permit.

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 9/12/2008, Register 187; am 9/28/2008, Register 187; am 9/19/2019, Register 231

5 AAC 02.207 Lawful gear for subsistence king and Tanner crab fisheries {#sec-5-aac-02.207 omnilex-key=us-ak-regs-official--title-5--5 AAC 02.207}

In the Prince William Sound Area,

(1) king and Tanner crab may be taken only with pots, ring nets, dip nets, diving gear, hooked or hookless hand lines, and by hand;

(2) a pot used to take king or Tanner crab

(A) must have a minimum of two escape rings that are at least four and three-eighths inches inside diameter; and

(B) may not have any portion of the line attaching the pot to a buoy floating on the surface of the water at any time, except for that portion of the line connecting the main buoy to any auxiliary buoy or buoys;

(3) not more than two pots a person with a maximum of two pots each vessel may be used to take king or Tanner crab, except that in waters north of 60° 00.00' N. lat., and east of 147° 00.00' W. long., not more than two pots a person with a maximum of eight pots each vessel may be used to take Tanner crab.

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 9/12/2008, Register 187; am 6/7/2025, Register 254

5 AAC 02.208 Customary and traditional subsistence uses of shellfish stocks and amounts necessary for subsistence uses {#sec-5-aac-02.208 omnilex-key=us-ak-regs-official--title-5--5 AAC 02.208}

(a) The Alaska Board of Fisheries (board) finds that shrimp, Dungeness crab, Tanner crab, king crab, and miscellaneous shellfish are customarily and traditionally used for subsistence in the Prince William Sound Area.

(b) The board finds that 9,000 - 15,000 pounds of usable weight of shrimp are reasonably necessary for subsistence uses in the Prince William Sound Area.

(c) The board finds that 15,000 - 25,000 pounds usable weight of shellfish other than shrimp and crab are reasonably necessary for subsistence uses in the Prince William Sound Area.

(d) The board finds that 550 - 2,050 Tanner crab are reasonably necessary for subsistence uses in the Prince William Sound Area.

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 7/5/2000, Register 155; am 9/12/2008, Register 187; am 3/27/2022, Register 241

5 AAC 02.210 Subsistence shrimp fishery {#sec-5-aac-02.210 omnilex-key=us-ak-regs-official--title-5--5 AAC 02.210}

The department will manage the subsistence shrimp fishery in Prince William Sound as specified in 5 AAC 55.055. In the subsistence taking of shrimp,

(1) repealed 7/12/86;

(2) repealed 7/12/86;

(3) in addition to the marking requirements specified in 5 AAC 02.010(e)(1), each keg or buoy must also be plainly and legibly inscribed with the vessel name or the division of motor vehicles boat registration number, issued under 2 AAC 70, of the vessel used to operate the pot;

(4) all shrimp pots must have at least two adjacent vertical sides, or near-vertical sides, excluding tunnels, completely composed of uncovered net webbing or rigid mesh; pots that do not have a definable side, including round pots, must have net webbing or rigid mesh panels covering a minimum of 50 percent of the vertical, or near-vertical, surface area of the pot; the net webbing or rigid mesh on all pots must be large enough to allow the unaided passage of a maximum 12-inch long, seven-eighths inch diameter, round wooden peg without deforming the opening, except for the selvage;

(5) a person may only take shrimp from May 1 through September 15;

(6) no more than five pots per person, and no more than five pots per vessel, may be used;

(7) a person may take shrimp only under a permit issued by the department as specified in 5 AAC 02.015;

(8) a vessel may only have one shrimp pot in addition to the legal limit of shrimp pot gear.

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 7/25/82, Register 83; am 7/14/85, Register 95; am 7/12/86, Register 99; readopt 5/15/93, Register 126; am 7/3/94, Register 130; am 2/16/96, Register 137; am 7/5/2000, Register 155; am 12/1/2004, Register 172; am 7/1/2006, Register 178; am 8/23/2009, Register 191; am 7/13/2012, Register 203; am 7/10/2025, Register 255

5 AAC 02.215 Subsistence Dungeness crab fishery {#sec-5-aac-02.215 omnilex-key=us-ak-regs-official--title-5--5 AAC 02.215}

In the Prince William Sound Area,

(1) Dungeness crab may only be taken from March 20 through May 20 and from August 25 through December 31;

(2) only male Dungeness crab six and one-half inches or greater in shoulder width may be taken or possessed; male Dungeness crab less than the minimum size established under this paragraph and female Dungeness crab must be immediately returned to the water unharmed; for purposes of this paragraph, the shoulder width measurement of Dungeness crab is the straight-line distance across the carapace immediately anterior to the tenth anterolateral spine, not including the spines;

(3) the daily bag and possession limit is 12 male Dungeness crab;

(4) a pot used to take Dungeness crab under this section must have at least two escape rings, each with an inside diameter of not less than four and three-eighths inches; the escape rings must be located on opposite sides of the pot and the upper half of the vertical pane of the pot; and

(5) a person must obtain a subsistence crab permit from the department prior to taking Dungeness crab.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 02.220 Subsistence Tanner crab fishery {#sec-5-aac-02.220 omnilex-key=us-ak-regs-official--title-5--5 AAC 02.220}

In the Prince William Sound Area, in the subsistence taking of Tanner crab,

(1) Tanner crab may be taken only from October 1 through March 31;

(2) only male Tanner crab five inches or greater in width of shell may be taken or possessed;

(3) the daily bag and possession limit is 12 male Tanner crab.

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 6/30/83, Register 86; am 7/23/88, Register 107; readopt 5/15/93, Register 126; am 8/8/99, Register 151; am 9/12/2008, Register 187; am 7/22/2017, Register 223

5 AAC 02.225 Subsistence king crab fishery {#sec-5-aac-02.225 omnilex-key=us-ak-regs-official--title-5--5 AAC 02.225}

(a) Except for golden king crab as described in (b) of this section, the subsistence taking of king crab in the Prince William Sound Area is closed until the king crab stocks recover enough to provide a harvestable surplus and regulations are adopted by the Board of Fisheries that reopen the fishery.

(b) In the Prince William Sound Area, in the subsistence taking of golden king crab,

(1) golden king crab may be taken only from October 1 through March 31;

(2) golden king crab may be taken only in the waters west of 147° 20.00' W. long.;

(3) only male golden king crab seven inches or greater in width of shell may be taken or possessed;

(4) an annual limit per household is three male golden king crab.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 02.230 Subsistence clam fishery {#sec-5-aac-02.230 omnilex-key=us-ak-regs-official--title-5--5 AAC 02.230}

In waters east of 146° W. long. and south of a line from the southernmost tip of Point Bentinck to the southernmost tip of Point Whitshed

(1) razor clams may be taken only under the authority of a subsistence razor clam fishing permit;

(2) only razor clams four and one-half inches or longer in length of shell may be taken or possessed.

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 6/30/84, Register 90; readopt 5/15/93, Register 126; am 12/1/2004, Register 172

5 AAC 02.235 Closed waters {#sec-5-aac-02.235 omnilex-key=us-ak-regs-official--title-5--5 AAC 02.235}

Repealed.

History

Eff. 5/15/93, Register 126; repealed 5/6/94, Register 130

5 AAC 02.236 Closed waters {#sec-5-aac-02.236 omnilex-key=us-ak-regs-official--title-5--5 AAC 02.236}

Repealed.

History

Eff. 6/7/95, Register 135; am 9/29/95, Register 135; am 9/12/2008, Register 187; am 9/28/2008, Register 187; repealed 6/7/2025, Register 254

Article 4 Cook Inlet Area

5 AAC 02.300 Description of the Cook Inlet Area {#sec-5-aac-02.300 omnilex-key=us-ak-regs-official--title-5--5 AAC 02.300}

The Cook Inlet Area has as its eastern boundary the longitude of Cape Fairfield (148° 50.25' W. long.) and as its southern boundary the latitude of Cape Douglas (58° 51.10' N. lat.).

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 02.305 Description of districts {#sec-5-aac-02.305 omnilex-key=us-ak-regs-official--title-5--5 AAC 02.305}

Districts are as described in 5 AAC 21.200.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 02.307 Lawful subsistence fishing gear for the taking of Tanner crab {#sec-5-aac-02.307 omnilex-key=us-ak-regs-official--title-5--5 AAC 02.307}

In that portion of the Cook Inlet Area outside the nonsubsistence area described in 5 AAC 99.015(a)(3),

(1) Tanner crab may be taken only with pots, ring nets, dip nets, diving gear, hooked or hookless hand lines, and by hand;

(2) a pot used to take Tanner crab

(A) must have a minimum of two escape rings that are at least four and three-eighths inches inside diameter; and

(3) no more than two pots or two ring nets or a combination of one pot and one ring net per person with a maximum of two pots or two ring nets or a combination of one pot and one ring net per vessel may be used to take Tanner crab, except that in the waters of the Outer and Eastern Districts between the longitude of Gore Point (150° 57.85' W. long.) and the longitude of Cape Fairfield (148° 50.25' W. long.), no more than two pots or two ring nets or a combination of one pot and one ring net per person with a maximum of six pots or six ring nets or a combination of pots and ring nets not to exceed a total of six units of gear per vessel may be used to take Tanner crab.

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 9/12/2008, Register 187; am 9/28/2008, Register 187; am 7/16/2011, Register 199; am 6/27/2014, Register 210; am 6/21/2020, Register 234

5 AAC 02.310 Subsistence miscellaneous shellfish fishery {#sec-5-aac-02.310 omnilex-key=us-ak-regs-official--title-5--5 AAC 02.310}

(a) In that portion of the Cook Inlet Area outside the nonsubsistence area described in 5 AAC 99.015(a)(3), miscellaneous shellfish may be taken for subsistence purposes from January 1 through December 31.

(b) In the subsistence taking of clams,

(1) clams may be taken only under the authority of a subsistence permit;

(2) there are no bag, possession, or size limits for clams, except that for littleneck and butter clams the bag and possession limit is 40 clams of either species or in combination and the minimum legal size is as follows:

(A) for littleneck clams, the minimum legal size is one and one-half inches across the widest width of the shell;

(B) for butter clams, the minimum legal size is two and one-half inches across the widest width of the shell;

(3) all razor clams taken or possessed must be retained.

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 7/25/82, Register 83; am 5/15/93, Register 126; am 5/6/94, Register 130; am 6/7/95, Register 135; am 9/29/95, Register 135; am 3/15/2008, Register 185; am 7/13/2012, Register 203; am 8/10/2018, Register 227; am 9/25/2022, Register 243

5 AAC 02.311 Customary and traditional subsistence uses of shellfish stocks and amounts necessary for subsistence uses {#sec-5-aac-02.311 omnilex-key=us-ak-regs-official--title-5--5 AAC 02.311}

(a) The Alaska Board of Fisheries (board) finds that the shellfish stocks in that portion of the Cook Inlet Area outside the nonsubsistence area described in 5 AAC 99.015(a)(3) are customarily and traditionally taken or used for subsistence.

(b) The board finds that:

(1) 850 - 1,275 gallons or 6,800 - 10,200 pounds (round weight) of hardshell clams are reasonably necessary for subsistence uses in that portion of the Cook Inlet Area described in (a) of this section from the easternmost point of Jakolof Bay to Point Pogibshi;

(2) 350 - 525 gallons or 2,800 - 4,200 pounds (round weight) of hardshell clams are reasonably necessary for subsistence uses in the remainder of that portion of the Cook Inlet Area described in (a) of this section that is not included in the area described in (1) of this subsection;

(3) 4,500 - 6,500 pounds of usable weight of shellfish, other than hardshell clams, crab, and shrimp, are reasonably necessary for subsistence uses in that portion of the Cook Inlet Area described in (a) of this section;

(4) 275 - 1,400 Tanner crab are reasonably necessary for subsistence uses in the Cook Inlet Area.

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 5/15/93, Register 126; am 3/15/2008, Register 185; am 6/21/2020, Register 234

5 AAC 02.313 Subsistence shrimp fishery {#sec-5-aac-02.313 omnilex-key=us-ak-regs-official--title-5--5 AAC 02.313}

In the Cook Inlet Area, a person may not take shrimp for subsistence purposes.

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 3/15/2008, Register 185

5 AAC 02.315 Subsistence Dungeness crab fishery {#sec-5-aac-02.315 omnilex-key=us-ak-regs-official--title-5--5 AAC 02.315}

In the Cook Inlet Area that is outside of the nonsubsistence area described in 5 AAC 99.015(a)(3), in the subsistence taking of Dungeness crab,

(1) Dungeness crab may only be taken from July 1 through March 31;

(2) only male Dungeness crab six and one-half inches or greater in shoulder width may be taken or possessed; male Dungeness crab less than the minimum legal size and female Dungeness crab that have been taken must be immediately returned to the water unharmed; for the purposes of this paragraph, the shoulder-width measurement of Dungeness crab is the straight-line distance across the carapace immediately anterior to the tenth anterolateral spine, not including the spines;

(3) the daily bag and possession limit is 12 male Dungeness crab;

(4) a pot used to take Dungeness crab under this section must have at least two escape rings that each are not less than four and three-eighths inches, inside diameter; the escape rings must be located on opposite sides of the pot and the upper half of the vertical pane of the pot; not more than one pot or one ring net per person with a maximum of three pots or rings nets per vessel may be used to take Dungeness crab; and

(5) a person must obtain a subsistence crab permit from the department before harvesting Dungeness crab in the Cook Inlet Area.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 02.320 Subsistence king crab fishery {#sec-5-aac-02.320 omnilex-key=us-ak-regs-official--title-5--5 AAC 02.320}

In the Cook Inlet Area, a person may not take king crab for subsistence purposes.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 02.325 Subsistence Tanner crab fishery {#sec-5-aac-02.325 omnilex-key=us-ak-regs-official--title-5--5 AAC 02.325}

(a) In that portion of the Cook Inlet Area outside the nonsubsistence area described in 5 AAC 99.015(a)(3), in the subsistence taking of Tanner crab,

(1) male Tanner crab may be taken only from September 1 through March 15;

(2) before harvesting Tanner crab, a person must obtain a subsistence permit as specified in 5 AAC 02.015; upon taking Tanner crab, and before concealing the Tanner crab from plain view or removing the Tanner crab from the fishing site, the person must enter the catch information requested on the permit;

(3) the daily bag and possession limit is five male Tanner crab and the seasonal limit is 40 male Tanner crab;

(4) only male Tanner crab four and one-half inches or greater in width of shell may be taken or possessed.

(b) Notwithstanding the provisions of 5 AAC 02.307 and (a) of this section, if the provisions of 5 AAC 35.408(e) apply, then male Tanner crab may be taken only from October 1 through the last day of February; bag and possession limit of three male Tanner crab; seasonal bag limit of 20 male Tanner crab; no more than one pot or ring net per person with a maximum of one pot or ring net per vessel may be used to take Tanner crab.

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 3/15/2008, Register 185; am 9/12/2008, Register 187; am 6/27/2014, Register 210; am 7/22/2017, Register 223; am 9/19/2019, Register 231; am 6/21/2020, Register 234

5 AAC 02.330 Subsistence clam fishery {#sec-5-aac-02.330 omnilex-key=us-ak-regs-official--title-5--5 AAC 02.330}

Repealed 7/25/82.

Article 5 Kodiak Area

5 AAC 02.400 Description of the Kodiak Area {#sec-5-aac-02.400 omnilex-key=us-ak-regs-official--title-5--5 AAC 02.400}

The Kodiak Area has as its northern boundary the latitude of Cape Douglas (58° 51.10' N. lat.), its western boundary the longitude of Cape Kumlik (157° 27.00' W. long.), its eastern boundary the longitude of Cape Fairfield (148° 50.25' W. long.), and its seaward boundary the 300-fathom (549 m) depth contour.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 02.405 Subsistence crab fishing permits {#sec-5-aac-02.405 omnilex-key=us-ak-regs-official--title-5--5 AAC 02.405}

Crab may be taken for subsistence purposes only under the authority of a subsistence crab fishing permit.

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 6/30/84, Register 90; am 5/15/93, Register 126

5 AAC 02.410 Subsistence shrimp fishery {#sec-5-aac-02.410 omnilex-key=us-ak-regs-official--title-5--5 AAC 02.410}

In the subsistence taking of shrimp, there is no closed season and no daily bag and possession limits, except that the operator of a commercially licensed and registered shrimp fishing vessel used in the subsistence taking of shrimp during a closed commercial shrimp fishing season or within a closed commercial shrimp fishing district, section, or portion of a fishing district or section,

(1) shall, before taking shrimp, obtain a subsistence fishing permit from the department that specifies the area and the date the vessel operator intends to subsistence fish; and

(2) may not possess more than 500 pounds of shrimp on board the vessel.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 02.415 Subsistence Dungeness crab fishery {#sec-5-aac-02.415 omnilex-key=us-ak-regs-official--title-5--5 AAC 02.415}

(a) The daily bag and possession limit is 12 Dungeness crab per person. Only male Dungeness crab six and one-half inches or greater in width of shell may be taken or possessed.

(b) Subsistence taking of Dungeness crab is prohibited in water 25 fathoms or more in depth during the 14 days immediately before the opening of a commercial king or Tanner crab fishing season in the location.

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 6/30/84, Register 90; am 9/19/90, Register 115; am/readopt 5/15/93, Register 126

5 AAC 02.420 Subsistence king crab fishery {#sec-5-aac-02.420 omnilex-key=us-ak-regs-official--title-5--5 AAC 02.420}

(a) In the subsistence taking of king crab,

(1) the annual limit is three king crab for a household;

(2) all king crab pots used for subsistence fishing and left in saltwater unattended longer than a two-week period shall have all bait and bait containers removed and all doors secured fully open;

(3) notwithstanding 5 AAC 02.010(i), no more than one king crab pot per person or per vessel may be used to take king crab; in addition to the marking requirements specified in 5 AAC 02.010(e), a king crab pot must have "king crab" legibly inscribed on the keg or buoy attached to the king crab pot;

(4) king crab may be taken only from June 1 through January 31, except that the subsistence taking of king crab is prohibited in waters 25 fathoms or more in depth during the 14 days immediately before the opening of a commercial king or Tanner crab fishing season in the location;

(5) only male king crab seven inches or greater in width of shell may be taken or possessed.

(b) In this section, "king crab pot" is a pot that is no more than 10 feet long by 10 feet wide by 42 inches high with rigid tunnel eye openings that individually are no less than five inches in any one dimension, with tunnel eye opening perimeters that individually are more than 36 inches or a pot that is no more than 10 feet long by 10 feet wide by 42 inches high and that tapers inward from its base to a top consisting of one horizontal opening of any size.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 02.425 Subsistence Tanner crab fishery {#sec-5-aac-02.425 omnilex-key=us-ak-regs-official--title-5--5 AAC 02.425}

(a) In the subsistence taking of Tanner crab,

(1) no more than five Tanner crab pots or ring nets per person may be used to take Tanner crab with a maximum of 10 Tanner crab pots or ring nets per vessel; in addition to the marking requirements specified in 5 AAC 02.010(e), a Tanner crab pot must have "Tanner crab" legibly inscribed on the keg or buoy attached to the Tanner crab pot;

(2) in a commercial Tanner crab section of the Kodiak District, described in 5 AAC 35.505(a), that will be open to a commercial Tanner crab fishery, the subsistence taking of Tanner crab is prohibited in waters 25 fathoms or more in depth during the 14 days immediately before the scheduled opening of a commercial Tanner crab fishing season in that section;

(3) the daily bag and possession limit is 12 crab per person and only male crab may be taken;

(4) only male Tanner crab five and one-half inches or greater in width of shell may be taken or possessed.

(b) In this section, "Tanner crab pot" is a pot that is no more than 10 feet long by 10 feet wide by 42 inches high with rigid tunnel eye openings that individually are less than five inches in one dimension, with tunnel eye opening perimeters that individually are more than 36 inches or a pot that is no more than 10 feet long by 10 feet wide by 42 inches high and that tapers inward from its base to a top consisting of one horizontal opening of any size.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 02.465 Limitations on participation in subsistence shellfish fisheries {#sec-5-aac-02.465 omnilex-key=us-ak-regs-official--title-5--5 AAC 02.465}

Repealed 5/15/93.

5 AAC 02.466 Customary and traditional subsistence uses of shellfish stocks and amounts necessary for subsistence uses {#sec-5-aac-02.466 omnilex-key=us-ak-regs-official--title-5--5 AAC 02.466}

(a) The Alaska Board of Fisheries (board) finds that king crab, Tanner crab, Dungeness crab, shrimp, and miscellaneous shellfish are customarily and traditionally taken or used for subsistence in the Kodiak Area.

(b) The board finds that:

(1) 3,200 - 8,100 Tanner crab are reasonably necessary for subsistence uses in the Kodiak Area;

(2) 1,200 - 2,800 Dungeness crab are reasonably necessary for subsistence uses in the Kodiak Area;

(3) 60,500 - 103,000 pounds of usable weight of miscellaneous shellfish are reasonably necessary for subsistence uses in the Kodiak Area;

(4) 1,000 - 8,500 pounds of usable weight of shrimp are reasonably necessary for subsistence uses in the Kodiak Area; and

(5) 22,000 - 68,000 pounds of usable weight of Dungeness crab and miscellaneous shellfish are reasonably necessary for subsistence uses on the south side of the Alaska Peninsula between Kilokak Rocks (156° 19' W. long.) and Cape Kumlik (157° 27' W. long.) and in the area described in 5 AAC 02.500, combined;

(6) 175 - 325 king crab are reasonably necessary for subsistence uses in the Kodiak Area.

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 5/15/93, Register 126; am 7/5/2000, Register 155; am 8/14/2005, Register 175; am 6/26/2016, Register 218; am 6/21/2020, Register 234

5 AAC 02.499 Prohibitions {#sec-5-aac-02.499 omnilex-key=us-ak-regs-official--title-5--5 AAC 02.499}

Repealed.

History

Eff. 8/14/2005, Register 175; am 7/1/2006, Register 178; repealed 7/13/2012, Register 203

Article 6 Alaska Peninsula-Aleutian Islands Area

5 AAC 02.500 Description of the Alaska Peninsula-Aleutian Islands Area {#sec-5-aac-02.500 omnilex-key=us-ak-regs-official--title-5--5 AAC 02.500}

The Alaska Peninsula-Aleutian Islands Area includes Pacific Ocean waters west of the longitude of Cape Kumlik (157° 27' W. long.), east of 172° E. long. and shoreward of the 800-fathom (1,463 m) depth contour, and Bering Sea waters east of 172° E. long. and south of 54° 36' N. lat.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 02.505 Subsistence shellfish fishing permits {#sec-5-aac-02.505 omnilex-key=us-ak-regs-official--title-5--5 AAC 02.505}

Repealed 5/15/93.

5 AAC 02.506 Subsistence king and Tanner crab fishing permits {#sec-5-aac-02.506 omnilex-key=us-ak-regs-official--title-5--5 AAC 02.506}

In the portion of the Alaska Peninsula-Aleutian Islands Area west of Scotch Cap Light and east of 168° W. long., king and Tanner crab may be taken for subsistence purposes only under the authority of a subsistence crab permit with a harvest report. The permit and harvest report must be carried by the permit holder at all times while subsistence fishing and any king and Tanner crab harvested shall be recorded by the permit holder immediately on the harvest report.

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 8/8/99, Register 151

5 AAC 02.510 Subsistence shrimp fishery {#sec-5-aac-02.510 omnilex-key=us-ak-regs-official--title-5--5 AAC 02.510}

(1) shall, before taking shrimp, obtain a subsistence fishing permit from the department that specifies the area and the date the vessel operator intends to subsistence fish; and

(2) may not possess more than 500 pounds of shrimp on board the vessel.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 02.515 Subsistence Dungeness crab fishery {#sec-5-aac-02.515 omnilex-key=us-ak-regs-official--title-5--5 AAC 02.515}

The daily bag and possession limit is 12 Dungeness crab per person. Only male Dungeness crab six and one-half inches or greater in width of shell may be taken or possessed.

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 6/30/84, Register 90; am 9/19/90, Register 115; readopt 5/15/93, Register 126

5 AAC 02.520 Subsistence king crab fishery {#sec-5-aac-02.520 omnilex-key=us-ak-regs-official--title-5--5 AAC 02.520}

In the subsistence taking of king crab,

(1) the daily bag and possession limit is six king crab per person, except that in the waters west of the longitude of Scotch Cap Light (166° 44' W. long.) and east of 168° W. long., the daily bag and possession limit is one king crab per person; only male king crab may be taken;

(2) all crab pots used for subsistence fishing and left in saltwater unattended longer than a two-week period shall have all bait and bait containers removed and all doors secured fully open;

(3) crab may be taken only from June 1 through January 31;

(4) only male king crab six and one-half inches or greater in width of shell may be taken or possessed.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 02.525 Subsistence Tanner crab fishery {#sec-5-aac-02.525 omnilex-key=us-ak-regs-official--title-5--5 AAC 02.525}

The daily bag and possession limit is 12 Tanner crab per person. Only male Tanner crab five and one-half inches or greater in width of shell may be taken or possessed.

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 6/30/84, Register 90; am 9/19/90, Register 115; readopt 5/15/93, Register 126

5 AAC 02.566 Customary and traditional subsistence uses of shellfish stocks and amounts necessary for subsistence uses {#sec-5-aac-02.566 omnilex-key=us-ak-regs-official--title-5--5 AAC 02.566}

(a) The Alaska Board of Fisheries (board) finds that king crab, Tanner crab, Dungeness crab, and miscellaneous shellfish are customarily and traditionally used for subsistence in the Alaska Peninsula-Aleutian Islands Area.

(b) The board finds that 1,200 - 7,400 king crab are reasonably necessary for subsistence uses in the Alaska Peninsula-Aleutian Islands Area, which includes 800 - 6,000 king crab within the waters west of the longitude of Scotch Cap Light (166° 44' W. long.) and east of 168° W. long.

(c) The board finds that 4,200 - 16,200 Tanner crab are reasonably necessary for subsistence uses in the Alaska Peninsula-Aleutian Islands Area, which includes 1,500 - 8,000 Tanner crab within the waters west of the longitude of Scotch Cap Light (166° 44' W. long.) and east of 168° W. long.

(d) The board finds that 22,000 - 68,000 pounds of usable weight of Dungeness crab and miscellaneous shellfish are reasonably necessary for subsistence purposes in the Alaska Peninsula - Aleutian Island Area and that portion of the Kodiak Area described in 5 AAC 02.466(b)(5), combined.

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 8/8/99, Register 151; am 7/5/2000, Register 155; am 6/26/2016, Register 218

Article 7 Bering Sea Area

5 AAC 02.600 Description of the Bering Sea Area {#sec-5-aac-02.600 omnilex-key=us-ak-regs-official--title-5--5 AAC 02.600}

The Bering Sea Area includes the waters of the Bering Sea and Chukchi Sea north of 54° 36' N. lat., east of the Maritime Boundary Agreement Line as that line is described in the text of and depicted in the annex to the Maritime Boundary Agreement between the United States and the Union of Soviet Socialist Republics signed in Washington, June 1, 1990, and as that Maritime Boundary Agreement Line is depicted on NOAA Chart #513 (7th Edition, June 2004) and NOAA Chart #514 (7th Edition, January 2004), adopted by reference, and south of the latitude of Point Hope (68° 21' N. lat.).

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 02.605 Description of districts {#sec-5-aac-02.605 omnilex-key=us-ak-regs-official--title-5--5 AAC 02.605}

Districts are as described in 5 AAC 34.905.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 02.606 Subsistence shellfish fishing permits {#sec-5-aac-02.606 omnilex-key=us-ak-regs-official--title-5--5 AAC 02.606}

Repealed 5/15/93.

5 AAC 02.607 Subsistence fishing gear {#sec-5-aac-02.607 omnilex-key=us-ak-regs-official--title-5--5 AAC 02.607}

In that portion of the area north of the latitude of Cape Newenham, shellfish may only be taken by shovel, jigging gear, pots, crab hook, and ring net; in this section, a "crab hook" is a handheld pole with one or more projections used to lift a crab to the water surface without piercing the crab.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 02.608 Customary and traditional subsistence uses of shellfish {#sec-5-aac-02.608 omnilex-key=us-ak-regs-official--title-5--5 AAC 02.608}

The Alaska Board of Fisheries (board) finds that all shellfish are customarily and traditionally taken or used for subsistence in the Bering Sea Area, including those waters draining into the Bering Sea.

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 6/10/98, Register 146

5 AAC 02.610 Subsistence shrimp fishery {#sec-5-aac-02.610 omnilex-key=us-ak-regs-official--title-5--5 AAC 02.610}

(1) shall, before taking shrimp, obtain a subsistence fishing permit from the department that specifies the area and the date the vessel operator intends to subsistence fish; and

(2) may not possess more than 500 pounds of shrimp on board the vessel.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 02.615 Subsistence Dungeness crab fishery {#sec-5-aac-02.615 omnilex-key=us-ak-regs-official--title-5--5 AAC 02.615}

In waters south of 60° N. lat., the daily bag and possession limit is 12 Dungeness crab per person. Only male Dungeness crab may be taken.

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 6/30/84, Register 90; readopt 5/15/93, Register 126; am 12/1/2004, Register 172

5 AAC 02.620 Subsistence king crab fishery {#sec-5-aac-02.620 omnilex-key=us-ak-regs-official--title-5--5 AAC 02.620}

In the subsistence taking of king crab,

(1) in waters south of 60° N. lat., the daily bag and possession limit is six crab per person, and only male crab may be taken;

(2) all crab pots used for subsistence fishing and left in salt water unattended longer than a two-week period shall have all bait and bait containers removed and all doors secured fully open;

(3) in the Norton Sound Section of the Northern District, a subsistence fishing permit is required and may be obtained from a local representative of the department;

(4) in waters south of 60° N. lat., king crab may be taken only from June 1 through January 31.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 02.625 Subsistence Tanner crab fishery {#sec-5-aac-02.625 omnilex-key=us-ak-regs-official--title-5--5 AAC 02.625}

In waters south of 60° N. lat., the daily bag and possession limit is 12 Tanner crab, and only male crab may be taken.

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 6/30/84, Register 90; readopt 5/15/93, Register 126; am 12/1/2004, Register 172

Chapter 03 Arctic-Kotzebue Area

Article 1 Description of Area

5 AAC 03.001 Application of this chapter {#sec-5-aac-03.001 omnilex-key=us-ak-regs-official--title-5--5 AAC 03.001}

Requirements set out in this chapter apply to commercial fishing only, unless otherwise specified. Subsistence, personal use, and sport fishing regulations affecting commercial fishing vessels or affecting any other commercial fishing activity are set out in the subsistence fishing regulations in 5 AAC 01 and 5 AAC 02, personal use fishing regulations in 5 AAC 77, and sport fishing regulations in 5 AAC 69 and 5 AAC 75.

History

Authority: AS 16.05.251

5 AAC 03.100 Description of area {#sec-5-aac-03.100 omnilex-key=us-ak-regs-official--title-5--5 AAC 03.100}

History

Authority: AS 16.05.251

Article 2 Fishing Districts and Subdistricts

5 AAC 03.200 Fishing districts and subdistricts {#sec-5-aac-03.200 omnilex-key=us-ak-regs-official--title-5--5 AAC 03.200}

(a) Repealed 7/16/92.

(b) Kotzebue District: all waters of Alaska between the latitude of the westernmost tip of Point Hope and the latitude of the westernmost tip of Cape Prince of Wales, including those waters draining into the Chukchi Sea.

(1) Subdistrict 1: all waters east of a line from the terminus of the Tukrok River to an ADF&G regulatory marker located approximately one mile offshore to a point approximately one mile off Cape Blossom to an ADF&G regulatory marker located approximately two miles off Riley Wreck to an ADF&G regulatory marker located on the west bank of Riley Creek at 66° 43' N. lat., 162° 19' W. long., and west of a line from a point one mile offshore from an ADF&G regulatory marker located on the north shore of Hotham Inlet at 67° 02' N. lat., 161° 59' W. long. to a point one mile offshore from an ADF&G regulatory marker located on the northern shore of the Baldwin Peninsula near the terminus of Singigrachak Creek at 66° 50.50' N. lat., 162° 11' W. long.;

(2) Subdistrict 2: waters at the mouth of the Noatak River inside a triangle defined by three points: the first point is located at the outlet of a small slough on the east side of the Noatak River at 66° 59.68' N. lat., 162° 20.75' W. long.; the second point is located at 66° 58.30' N. lat., 162° 30.50' W. long. on the mud bar forming the western bank of the Noatak River; the third and southern point of the triangle is located on that same mud bar at 66° 57.20' N. lat., 162° 30.80' W. long. (approximately in line with the tip of Pipe Spit and Lockhart Point);

(3) Subdistrict 3: all remaining waters in the Kotzebue District.

(c) Arctic District: all waters of Alaska north of the latitude of the westernmost tip of Point Hope and west of 141° W. long., including waters draining into the Chukchi Sea and Arctic Ocean.

History

Authority: AS 16.05.251

Article 3 Salmon Fishery

5 AAC 03.310 Fishing seasons {#sec-5-aac-03.310 omnilex-key=us-ak-regs-official--title-5--5 AAC 03.310}

Except as otherwise provided in this chapter, salmon may be taken only in the Kotzebue District from July 10 through August 31.

History

Authority: AS 16.05.251

5 AAC 03.320 Fishing periods {#sec-5-aac-03.320 omnilex-key=us-ak-regs-official--title-5--5 AAC 03.320}

In the Kotzebue District, salmon may be taken only during commercial fishing periods established by emergency order.

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 03.330 Gear {#sec-5-aac-03.330 omnilex-key=us-ak-regs-official--title-5--5 AAC 03.330}

In the Kotzebue District, salmon may be taken only with set gillnets.

History

Authority: AS 16.05.251

5 AAC 03.331 Gillnet specifications and operation {#sec-5-aac-03.331 omnilex-key=us-ak-regs-official--title-5--5 AAC 03.331}

(a) In the Kotzebue District,

(1) no person may operate set gillnet gear that exceeds 150 fathoms in aggregate length;

(2) no person may operate more than three set gillnets.

(b) No gillnet gear may be operated in a manner to obstruct more than one-half the width of any waterway. In the intertidal zone this restriction applies at all stages of the tide.

History

Authority: AS 16.05.251(a)

5 AAC 03.333 Fishing sites {#sec-5-aac-03.333 omnilex-key=us-ak-regs-official--title-5--5 AAC 03.333}

In the Kotzebue District, a CFEC permit holder may reserve a set gillnet fishing site for the next fishing period by intentionally anchoring or fixing the permit holder's vessel on that site. The vessel must have a set gillnet on board, and the CFEC permit holder must remain on board the vessel until the fishing period opens.

History

Authority: AS 16.05.251
Eff. 5/11/85, Register 94; am 5/22/2016, Register 218

5 AAC 03.334 Identification of gear {#sec-5-aac-03.334 omnilex-key=us-ak-regs-official--title-5--5 AAC 03.334}

Each set gillnet in operation must be identified as required by 5 AAC 39.280.

History

Authority: AS 16.05.251(a)

5 AAC 03.335 Minimum distance between units of gear {#sec-5-aac-03.335 omnilex-key=us-ak-regs-official--title-5--5 AAC 03.335}

In the Kotzebue District, no part of a set gillnet may be set or operated within 300 feet of any set gillnet that is intentionally being set, anchored, or fixed.

History

Authority: AS 16.05.251

5 AAC 03.350 Closed waters {#sec-5-aac-03.350 omnilex-key=us-ak-regs-official--title-5--5 AAC 03.350}

Salmon may not be taken in the following waters:

(1) repealed 7/16/92;

(2) Subdistrict 2 described in 5 AAC 03.200(b)(2);

(3) all waters of the Noatak River north of a line between ADF&G regulatory markers and buoys located at the mouth of the river;

(4) Arctic District described in 5 AAC 03.200.

(5) in Subdistrict 1 described in 5 AAC 03.200(b)(1), all marine waters from ADF&G regulatory markers located at the Weather Service Dome south of the airport runway to the NANA building, extending one mile offshore into Kotzebue Sound perpendicular to the beach.

History

Authority: AS 16.05.251

5 AAC 03.355 Requirements for transporting salmon and salmon roe in the Arctic-Kotzebue Area {#sec-5-aac-03.355 omnilex-key=us-ak-regs-official--title-5--5 AAC 03.355}

A salmon buyer or processor transporting salmon or salmon roe to the point of initial processing must have in possession, and display, upon request, to a peace officer of the state, a completed fish ticket, or a copy of the fish ticket, for all salmon or salmon roe in the buyer's or processor's possession at the time. While transporting commercially-harvested salmon or salmon roe, a buyer or processor may not possess or transport subsistence-harvested salmon or salmon roe.

History

Authority: AS 16.05.251
Eff. 8/8/2007, Register 183

5 AAC 03.360 Sikusuilaq Terminal Harvest Area Management Plan {#sec-5-aac-03.360 omnilex-key=us-ak-regs-official--title-5--5 AAC 03.360}

Repealed.

History

Eff. 7/3/94, Register 130; repealed 7/13/2012, Register 203

Article 4 (Repealed)

5 AAC 03.410 was repealed as of Register 110 {#sec-5-aac-03.410 omnilex-key=us-ak-regs-official--title-5--5 AAC 03.410}

5 AAC 03.510. Fishing season.

Repealed.

Article 6 Sheefish Fishery

5 AAC 03.610 Fishing seasons {#sec-5-aac-03.610 omnilex-key=us-ak-regs-official--title-5--5 AAC 03.610}

Except as provided in 5 AAC 39.780, the commercial sheefish fishing season in the Kotzebue District is from October 1 until closed by emergency order.

History

Authority: AS 16.05.060; AS 16.05.251(a)

5 AAC 03.620 Gear {#sec-5-aac-03.620 omnilex-key=us-ak-regs-official--title-5--5 AAC 03.620}

In the Kotzebue District, sheefish may be taken only with set gillnets or jigging gear.

History

Authority: AS 16.05.251
Eff. 4/2/88, Register 105; am 7/26/90, Register 115

5 AAC 03.621 Gillnet specifications and operations {#sec-5-aac-03.621 omnilex-key=us-ak-regs-official--title-5--5 AAC 03.621}

The following gillnet specifications and operational requirements apply when taking sheefish:

(1) no person may operate more than 50 fathoms of gillnet in the aggregate;

(2) no gillnet may be more than 12 meshes in depth nor have a mesh size larger than seven inches;

(3) no gillnet may obstruct one-half or more of the width of a waterway.

History

Authority: AS 16.05.251
Eff. 4/2/88, Register 105

5 AAC 03.630 Quotas {#sec-5-aac-03.630 omnilex-key=us-ak-regs-official--title-5--5 AAC 03.630}

In the Kotzebue District the commercial sheefish quota is 25,000 pounds.

History

Authority: AS 16.05.251(a)

Chapter 04 Norton Sound-Port Clarence Area

Article 1 Description of Area

5 AAC 04.001 Application of this chapter {#sec-5-aac-04.001 omnilex-key=us-ak-regs-official--title-5--5 AAC 04.001}

History

Authority: AS 16.05.251

5 AAC 04.100 Description of Norton Sound-Port Clarence Area {#sec-5-aac-04.100 omnilex-key=us-ak-regs-official--title-5--5 AAC 04.100}

History

Authority: AS 16.05.251

Article 2 Fishing Districts and Subdistricts

5 AAC 04.200 Fishing districts and subdistricts {#sec-5-aac-04.200 omnilex-key=us-ak-regs-official--title-5--5 AAC 04.200}

(a) The Port Clarence District consists of all waters between the latitude of the westernmost tip of Cape Prince of Wales and the latitude of the westernmost tip of Cape Douglas. The following are the regulatory subdistricts of the Port Clarence District:

(1) Grantley Harbor Subdistrict consists of all waters inside ADF&G regulatory markers located at the western tip of Cape Riley to the entrance of Brevig Lagoon and from Four Mile Point across Grantley Harbor to the mouth of Sunset Creek;

(2) Outer Subdistrict consists of all waters of the Port Clarence District not included in the Grantley Harbor Subdistrict.

(b) The Norton Sound District consists of all waters between the latitude of the westernmost tip of Cape Douglas and a line extending 315° northwest from Point Romanof at 63° 12.16' N. lat., 162° 49.72' W. long. to a point three nautical miles offshore at 63° 14.27' N. lat., 162° 54.40' W. long. The following are the regulatory subdistricts of the Norton Sound District:

(1) Subdistrict 1 consists of waters from the tip of Cape Rodney to the tip of Topkok Head;

(2) Subdistrict 2 consists of waters from the tip of Rocky Point to the southernmost tip of Cape Darby;

(3) Subdistrict 3 consists of waters from an ADF&G regulatory marker located at Carson Creek to the tip of Bald Head;

(4) Subdistrict 4 consists of the waters from the tip of Bald Head to the tip of Point Dexter;

(5) Subdistrict 5 consists of waters from the westernmost tip of Cape Denbigh to the terminus of Junction Creek located seven miles north of Egavik;

(6) Subdistrict 6 consists of waters from the terminus of Junction Creek located seven miles north of Egavik to the tip of Black Point.

History

Authority: AS 16.05.251

Article 3 Salmon Fishery

5 AAC 04.310 Fishing seasons {#sec-5-aac-04.310 omnilex-key=us-ak-regs-official--title-5--5 AAC 04.310}

Except as provided in 5 AAC 04.320 - 5 AAC 04.390, salmon may be taken only as follows:

(1) repealed 6/28/2019;

(2) repealed 6/28/2019;

(3) in Subdistricts 1 - 6, during fishing periods established by emergency order from June 8 through September 7, unless extended by emergency order to allow the harvest of surplus salmon after escapement needs have been met;

(4) in the Port Clarence District, during fishing periods established by emergency order from July 1 through July 31.

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 04.320 Fishing periods {#sec-5-aac-04.320 omnilex-key=us-ak-regs-official--title-5--5 AAC 04.320}

In the Norton Sound-Port Clarence Area, salmon may be taken only during fishing periods established by emergency order.

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 04.330 Gear {#sec-5-aac-04.330 omnilex-key=us-ak-regs-official--title-5--5 AAC 04.330}

In the Norton Sound-Port Clarence Area, set gillnets may be operated. In the Norton Sound District, drift gillnets may also be operated.

History

Authority: AS 16.05.251

5 AAC 04.331 Gillnet specifications and operations {#sec-5-aac-04.331 omnilex-key=us-ak-regs-official--title-5--5 AAC 04.331}

(a) The aggregate length of a gillnet may not exceed 100 fathoms, except that if the commissioner determines that there is a harvestable surplus of pink salmon, the commissioner may, by emergency order, close the fishing season and immediately reopen a season during which a set gillnet may not exceed

(1) a mesh size of four and one-half inches; and

(2) an aggregate length of set gillnet established in the emergency order that is not more than 200 fathoms, based on the department's ability to conduct an orderly fishery.

(b) No gillnet gear may be operated in a manner to obstruct more than one-half the width of any waterway. In the intertidal zone this restriction applies at all stages of the tide.

(1) four and one-half inches during periods and in locations specified by emergency order;

(2) six inches after a date specified by an emergency order issued between July 1 and July 15.

(d) In the Norton Sound District, no more than 200 fathoms of gillnet in the aggregate may be operated from a vessel.

(e) Notwithstanding (c) of this section, during times when the commissioner determines it to be necessary for the conservation of chum salmon, the commissioner, by emergency order, may close the fishing season in any portion of the Norton Sound District and immediately reopen the season in that portion during which a person may not take salmon with a gillnet that has a mesh size smaller than seven and one-half inches.

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 04.334 Identification of gear {#sec-5-aac-04.334 omnilex-key=us-ak-regs-official--title-5--5 AAC 04.334}

(a) Each set gillnet in operation must be identified as required by 5 AAC 39.280.

(b) Each drift gillnet in operation must have at one end a red keg, buoy or cluster of floats plainly and legibly marked with the fisherman's five-digit CFEC permit serial number.

History

Authority: AS 16.05.251(a)

5 AAC 04.335 Minimum distance between units of gear {#sec-5-aac-04.335 omnilex-key=us-ak-regs-official--title-5--5 AAC 04.335}

No part of a set gillnet may be set or operated within 300 feet of any part of another set gillnet.

History

Authority: AS 16.05.251(a)

5 AAC 04.350 Closed waters {#sec-5-aac-04.350 omnilex-key=us-ak-regs-official--title-5--5 AAC 04.350}

Salmon may not be taken in the following locations:

(1) all waters seaward of the mouth of the Unalakleet River from a line between ADF&G regulatory markers located on each side of the river to an outer line established by ADF&G regulatory markers and buoys;

(2) all waters of the Norton Sound-Port Clarence Area, except those waters described in 5 AAC 04.200;

(3) in the Port Clarence District, all waters of the Outer Subdistrict described in 5 AAC 04.200(a)(2);

(4) repealed 4/13/2013.

History

Authority: AS 16.05.251

5 AAC 04.355 Requirements for transporting salmon and salmon roe in the Norton Sound-Port Clarence Area {#sec-5-aac-04.355 omnilex-key=us-ak-regs-official--title-5--5 AAC 04.355}

History

Authority: AS 16.05.251
Eff. 8/8/2007, Register 183

5 AAC 04.358 Chum salmon optimal escapement goal ranges for river systems in Subdistrict 1 of the Norton Sound District {#sec-5-aac-04.358 omnilex-key=us-ak-regs-official--title-5--5 AAC 04.358}

Repealed.

History

Eff. 9/25/99, Register 151; am 6/17/2001, Register 158; repealed 6/28/2019, Register 230

5 AAC 04.360 Guideline harvest range {#sec-5-aac-04.360 omnilex-key=us-ak-regs-official--title-5--5 AAC 04.360}

Repealed.

5 AAC 04.362 Guideline harvest range for Port Clarence District {#sec-5-aac-04.362 omnilex-key=us-ak-regs-official--title-5--5 AAC 04.362}

If the department projects that the inriver run goal for the Pilgrim River is at least 30,000 sockeye salmon, a commercial fishery may occur in the Port Clarence District with the guideline harvest range from 0 - 10,000 sockeye salmon.

History

Authority: AS 16.05.251
Eff. 6/7/2007, Register 182

5 AAC 04.365 Reporting requirements {#sec-5-aac-04.365 omnilex-key=us-ak-regs-official--title-5--5 AAC 04.365}

(a) In addition to the requirements of 5 AAC 39.130, each buyer, or the buyer's agent, shall report to a local representative of the department before purchasing fish taken in the Norton Sound District.

(b) Each commercial salmon fisherman shall report, on a ADF&G fish ticket, the number of salmon taken but not sold.

History

Authority: AS 16.05.251
Eff. 5/11/85, Register 94; am 7/16/92, Register 123

5 AAC 04.380 Subdistrict 1 of the Norton Sound District Salmon Management Plan {#sec-5-aac-04.380 omnilex-key=us-ak-regs-official--title-5--5 AAC 04.380}

(a) The purpose of this management plan is to provide the department with management guidelines for the sustained yield of salmon stocks in Subdistrict 1 of the Norton Sound District. The department shall manage, to the extent practicable, the subsistence, sport, and commercial fisheries in Subdistrict 1 to achieve escapement goals.

(b) The department shall manage salmon fisheries in Subdistrict 1 as follows:

(1) commercial fishing for chum and pink salmon may be opened in the waters east or west of Cape Nome, or both, by emergency order, if the department projects the harvestable surplus will more than meet subsistence needs;

(2) subsistence fishing for chum salmon will be opened and closed by emergency order on a stream-by-stream basis, if the department determines there is a harvestable surplus; a permit under 5 AAC 01.180 is required;

(3) if subsistence fishing for chum salmon is restricted, the commissioner may, by emergency order, close a commercial fishery and immediately reopen a commercial fishery during which chum salmon may be retained, but not sold.

History

Authority: AS 16.05.060; AS 16.05.251; AS 16.05.258
Eff. 6/28/2019, Register 230

5 AAC 04.390 Subdistricts 2 and 3 of the Norton Sound District Salmon Management Plan {#sec-5-aac-04.390 omnilex-key=us-ak-regs-official--title-5--5 AAC 04.390}

(a) The purpose of this management plan is to provide the department with management guidelines for the sustained yield of salmon stocks in Subdistricts 2 and 3 in the Norton Sound District. The department shall manage, to the extent practicable, the commercial, sport, subsistence, and personal use fisheries in Subdistricts 2 and 3 to achieve escapement goals.

(b) The department shall manage salmon fisheries in the Subdistricts 2 and 3 as follows:

(1) in the commercial chum salmon fishery,

(A) repealed 6/28/2019;

(B) the chum salmon harvest may not exceed 15,000 fish before the department's mid-July run assessment in Subdistrict 2;

(C) the fishery may occur only if the department projects that chum salmon escapement goals will be achieved and the harvestable surplus will more than meet subsistence needs;

(2) a commercial pink salmon fishery may occur only if subsistence needs are expected to be met and chum salmon escapement goals achieved, or the department determines that, after July 6 in Subdistrict 3 and after July 14 in Subdistrict 2, there is a harvestable surplus of pink salmon and that a directed pink salmon commercial fishery will not have a significant impact on escapement goals or subsistence use of chum salmon;

(3) in the commercial coho salmon fishery, the fishery may occur only when the department determines that further restrictions would have no impact on achieving chum salmon escapement goals;

(4) the commissioner may not place restrictions on subsistence fishing for chum salmon by emergency order, unless all directed chum salmon commercial fishing has been closed and sport fishing has been appropriately restricted in the subdistrict as provided in 5 AAC 01.180 - 5 AAC 01.184.

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 6/17/2001, Register 158; am 5/19/2010, Register 194; am 4/13/2013, Register 206; am 6/28/2019, Register 230

5 AAC 04.395 Subdistricts 5 and 6 of the Norton Sound District and the Unalakleet River King Salmon Management Plan {#sec-5-aac-04.395 omnilex-key=us-ak-regs-official--title-5--5 AAC 04.395}

(a) The purpose of this management plan is to provide the department management direction for the subsistence, sport, and commercial king salmon fisheries in the marine waters of Subdistricts 5 and 6 and in the Unalakleet River drainage from June 15 through July 15.

(b) From June 15 through June 20,

(1) the commissioner will close, by emergency order, subsistence fishing and immediately reopen subsistence fishing with two 48-hour fishing periods per week in the marine waters of Subdistricts 5 and 6 and two 36-hour fishing periods per week in the inriver fishery;

(2) in the sport fishery,

(A) the bag and possession limit for king salmon is two fish, of which only one fish may be 20 inches or greater in length;

(B) the annual limit for king salmon 20 inches or greater in length is two fish;

(3) commercial fishing is closed.

(c) If the projected king salmon escapement is below the lower end of the escapement goal range, all fishing for king salmon will be closed.

(d) Notwithstanding any provision of 5 AAC 39.222 and 5 AAC 39.223, if the projected king salmon count at the North River counting tower exceeds the midpoint of the escapement goal,

(1) the commissioner may open, by emergency order, a subsistence king salmon fishery in the

(A) marine waters of Subdistricts 5 and 6 for two 48-hour fishing periods per week; and

(B) inriver fishery for two 36-hour fishing periods per week;

(2) the commissioner may increase, by emergency order, the sport fish annual limit for king salmon, 20 inches or greater in length, to four fish;

(3) the commissioner may open, by emergency order, a commercial king salmon fishery with two 24-hour fishing periods per week.

(e) If subsistence fishing periods in the Unalakleet River drainage are restricted to less than two 36-hour openings, the sport fish harvest annual limit for king salmon will be reduced to one fish with no size limit.

(f) In Subdistricts 5 and 6, if the marine waters subsistence fishery is restricted to

(1) a gillnet mesh size of six inches or less under 5 AAC 01.170(j), the sport fish bag and possession limit and annual limit for king salmon will be reduced, by emergency order, to one king salmon;

(2) less than two 48-hour fishing periods, the sport fishery will be reduced, by emergency order, to catch-and-release fishing only.

(g) In the Unalakleet River drainage or in the marine waters of Subdistricts 5 and 6, if the subsistence fishery is closed to the retention of king salmon, sport fishing for king salmon will be closed.

(h) In Subdistricts 5 and 6, the commercial pink or chum fisheries may occur only if the department determines there is a harvestable surplus of pink or chum salmon and that a directed pink or chum salmon commercial fishery will not have a significant impact on escapement goals or subsistence uses of king salmon, and only under the following conditions:

(1) before July 1, a commercial pink or chum salmon fishery may not occur if

(A) in the king salmon subsistence fishery in the marine waters,

(i) the gillnet mesh size is restricted to six inches or less under 5 AAC 01.170(j); or

(ii) subsistence fishing time is reduced; or

(B) the king salmon subsistence fishery is closed;

(2) notwithstanding the provisions of (1) of this subsection, during times when the commissioner determines that it is necessary for the conservation of king salmon, the commissioner may close, by emergency order, any open commercial gillnet fishing season and open a commercial salmon fishery at any time during which only beach seine gear may be used to take chum and pink salmon and all king salmon caught must be returned immediately to the water alive; a beach seine may not be constructed of monofilament web and may not exceed

(A) 150 fathoms in length;

(B) 100 meshes in depth;

(i) If subsistence fishing for king salmon is restricted, the commissioner may, by emergency order, close the commercial salmon fishery and immediately reopen the commercial fishery during which king salmon may be retained, but not sold.

History

Authority: AS 16.05.060; AS 16.05.251; AS 16.05.258
Eff. 6/7/2007, Register 182; am 5/19/2010, Register 194; am 4/13/2013, Register 206; am 5/22/2016, Register 218

Article 4 (Repealed)

5 AAC 04.410 was repealed as of Register 110 {#sec-5-aac-04.410 omnilex-key=us-ak-regs-official--title-5--5 AAC 04.410}

5 AAC 04.510. Fishing season.

Repealed.

Chapter 05 Yukon Area

Article 1 Description of Area

5 AAC 05.001 Application of this chapter {#sec-5-aac-05.001 omnilex-key=us-ak-regs-official--title-5--5 AAC 05.001}

History

Authority: AS 16.05.251

5 AAC 05.100 Description of Yukon Area {#sec-5-aac-05.100 omnilex-key=us-ak-regs-official--title-5--5 AAC 05.100}

History

Authority: AS 16.05.251

Article 2 Fishing Districts and Subdistricts

5 AAC 05.200 Fishing districts and subdistricts {#sec-5-aac-05.200 omnilex-key=us-ak-regs-official--title-5--5 AAC 05.200}

(a) District 1 consists of that portion of the Yukon River drainage from a line extending northwest from Point Romanof at 63° 12.16' N. lat., 162° 49.72' W. long., to a point three nautical miles offshore at 63° 14.27' N. lat., 162° 54.40' W. long., extending south and west along the coast of the delta to a line approximately one nautical mile south of the mouth of the Black River from 62° 20.58' N. lat., 165° 22.66' W. long., to a point located three nautical miles offshore at 62° 22.67' N. lat., 165° 27.37' W. long., including the waters within three nautical miles seaward from any grassland bank within that area, and upstream from the mouth of the Black River to the northern edge of the mouth of the Anuk River and all waters of the Black River.

(b) District 2 consists of that portion of the Yukon River drainage from the northern edge of the mouth of the Anuk River upstream to an ADF&G regulatory marker located at Toklik, and includes the Anuk River drainage.

(c) District 3 consists of that portion of the Yukon River drainage from an ADF&G regulatory marker located at Toklik upstream to an ADF&G regulatory marker at the mouth of an unnamed slough three-fourths of a mile downstream from Old Paradise Village.

(d) District 4 consists of the Yukon River drainage from an ADF&G regulatory marker at the mouth of an unnamed slough three-fourths of a mile downstream from Old Paradise Village upstream to the western edge of the mouth of Illinois Creek at Kallands.

(1) Subdistrict 4-A consists of that portion of the Yukon River drainage from an ADF&G regulatory marker at the mouth of an unnamed slough three-fourths of a mile downstream from Old Paradise Village upstream to the tip of Cone Point;

(2) Subdistrict 4-B consists of the Yukon River drainage from the tip of Cone Point upstream along the north bank of the river to the westernmost edge of Illinois Creek and includes the following islands: Cook, Lark, Serpentine, Louden, Fish, Dainty, Yuki, Melozi, Dasha, Straight, Kit, Fox, Hardluck, Mickey, Florence, Doyle, Chokoyik, Lady, Liner, Flora, and Cronin;

(3) Subdistrict 4-C consists of the Yukon River drainage from the tip of Cone Point upstream along the south bank of the river to a point opposite the westernmost edge of Illinois Creek and includes the following islands: Cat, Hen, Jimmy, Big, Ninemile, Ham, Emerald, Edith, Kathaleen, Henry, Burns, Youngs, Weir, Clay, Large, and Brant.

(e) District 5 consists of that portion of the Yukon River drainage (excluding the Tanana River drainage) from the western edge of the mouth of Illinois Creek to the United States-Canada border, and includes the Illinois Creek drainage.

(1) Subdistrict 5-A consists of the Yukon River drainage from a point opposite the westernmost edge of Illinois Creek upstream along the south bank of the river to the easternmost edge of the Tanana River mouth and includes the following islands: Second, Corbusier, Sixmile, Deet'laa', Swanson, Blind, Basco, Sword, Leonard, Still, Tanana, and Mission;

(2) Subdistrict 5-B consists of the Yukon River drainage from the westernmost edge of Illinois Creek upstream along the north bank of the river to a point opposite the easternmost edge of the Tanana River mouth upstream along both banks of the Yukon River to the westernmost tip of Garnet Island and includes the following islands: Willow I, II, and III, Steamboat, Grant, Darvin, Little Joker, Station, Tozitna, Circle, Bull, and Long;

(3) Subdistrict 5-C consists of the Yukon River drainage upstream from the westernmost tip of Garnet Island to ADF&G regulatory markers located approximately two miles downstream from Waldron Creek;

(4) Subdistrict 5-D consists of the Yukon River drainage from ADF&G regulatory markers located approximately two miles downstream from Waldron Creek upstream to the United States-Canada border.

(f) District 6 consists of the Tanana River drainage to its confluence with the Yukon River.

(1) Subdistrict 6-A consists of that portion of the Tanana River drainage from its mouth upstream to the eastern edge of the mouth of the Kantishna River and includes the Kantishna River drainage;

(2) Subdistrict 6-B consists of that portion of the Tanana River drainage from the eastern edge of the mouth of the Kantishna River upstream to the eastern edge of the mouth of the Wood River and includes the Wood River drainage;

(3) Subdistrict 6-C consists of the Tanana River drainage from the eastern edge of the mouth of the Wood River upstream to the eastern edge of the mouth of the Salcha River and includes the Salcha River drainage;

(4) Old Minto Area consists of that portion of Subdistrict 6-B from the downstream end of upper Tolovana Island, located approximately two miles upstream of the Tolovana River, to three miles upstream of the mouth of the Totchaket Slough.

(g) Repealed 7/13/2012.

(h) Coastal District: all waters between the latitude of the westernmost point of the Naskonat Peninsula and a line extending 315° northwest from Point Romanof at 63° 12.16' N. lat., 162° 49.72' W. long. to a point three nautical miles offshore at 63° 14.27' N. lat., 162° 54.40' W. long. not included in (a) - (f) of this section.

History

Authority: AS 16.05.251

Article 3 Salmon Fishery

5 AAC 05.310 Fishing seasons {#sec-5-aac-05.310 omnilex-key=us-ak-regs-official--title-5--5 AAC 05.310}

Except as provided in 5 AAC 05.320 - 5 AAC 05.380, salmon may be taken only as follows:

(1) in Districts 1, 2, and 3, the commissioner shall open and close the season by emergency order;

(2) in District 4, the commissioner shall open and close the season by emergency order;

(3) in District 5, in all subdistricts, the commissioner shall open and close the season by emergency order;

(4) in District 6, the commissioner shall open the season by emergency order and close the season by emergency order.

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 05.320 Fishing periods {#sec-5-aac-05.320 omnilex-key=us-ak-regs-official--title-5--5 AAC 05.320}

In the Yukon Area, in all districts and subdistricts, salmon may be taken only during fishing periods established by emergency order.

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 05.330 Gear {#sec-5-aac-05.330 omnilex-key=us-ak-regs-official--title-5--5 AAC 05.330}

(a) In Districts 1 - 3, set gillnets and drift gillnets only may be operated, except that in District 1 after July 15 set gillnets only may be operated in the following locations:

(1) waters of the Black River;

(2) waters of Kwikluak Pass downstream of Agmulegut and the waters of Kwemeluk Pass;

(3) waters of Alakanuk Pass downstream from the mouth of Kuiukpak Slough;

(4) waters of Kwiguk Pass downstream of the mouth of Kawokhawik Slough;

(5) waters of Kawanak Pass downstream from Sea Gull Point;

(6) waters of Kwikpak Pass downstream from Sea Gull Point;

(7) waters of Apoon Pass downstream of the mouth of the Kotlik River and waters of Okwega Pass downstream from its confluence with Apoon Pass;

(8) waters within three nautical miles seaward from any grassland bank in District 1.

(b) In Districts 4 - 6, set gillnets and fish wheels only may be operated.

(d) No person may operate or assist in operating more than one type of gear at any one time.

History

Authority: AS 16.05.251

5 AAC 05.331 Gillnet specifications and operations {#sec-5-aac-05.331 omnilex-key=us-ak-regs-official--title-5--5 AAC 05.331}

(a) Set gillnet gear may not exceed 150 fathoms in aggregate length.

(b) Drift gillnet gear may not exceed 50 fathoms in length.

(d) No gillnet gear may be operated in a manner to obstruct more than one-half the width of any waterway. In the intertidal zone, this restriction applies at all stages of the tide.

(e) In Districts 1 - 3, gillnets with

(1) greater than six-inch mesh may not be more than 45 meshes in depth;

(2) six-inch or smaller mesh may not be more than 50 meshes in depth.

(f) In Districts 4 - 6, gillnets with

(1) greater than six-inch mesh may not be more than 60 meshes in depth;

(2) six-inch or smaller mesh may not be more than 70 meshes in depth.

(g) Notwithstanding any other provision of this section, during times when the commissioner determines it to be necessary for the conservation of a salmon species, the commissioner may, by emergency order, close the fishing season in Districts 1 - 6 and immediately reopen the season during which a person may take salmon with a gillnet that has a mesh size of seven and one-half inches.

(h) Notwithstanding any other provision of this section, in Districts 1 - 3, during times when the commissioner determines that it is necessary for the conservation of king salmon, the commissioner may, by emergency order, close the fishing season and immediately reopen the season during which a person may take salmon only with a gillnet that has a mesh size of five and one-half inches or less, and that is not more than 30 meshes in depth.

(i) Notwithstanding any other provision of this section, and 5 AAC 01.249 and 5 AAC 05.359 - 5 AAC 05.369, during times when the commissioner determines that it is necessary for the conservation of a salmon species, the commissioner may, by emergency order, close the fishing season and immediately reopen the season specifying the area in which one or more of the following gear limitations may be implemented:

(1) for fish wheels, as described in 5 AAC 05.333, the operator must closely attend the fish wheel while it is in operation, and all salmon must be immediately released to the water alive and must bypass any livebox unless retention is allowed by emergency order;

(2) dip nets may be used as described in 5 AAC 05.362(k)(1)(A); all salmon caught with a dip net must be released to the water alive unless retention is allowed by emergency order;

(3) a beach seine may be used as described in 5 AAC 05.362(k)(1)(B); all salmon caught with a beach seine must be released to the water alive unless retention is allowed by emergency order.

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 05.333 Fish wheel specifications and operations {#sec-5-aac-05.333 omnilex-key=us-ak-regs-official--title-5--5 AAC 05.333}

(a) Fish wheel baskets must be stopped from rotating in the water during periods closed to commercial and subsistence fishing. The fish wheel registrant is responsible for the operation of the fish wheel.

(b) A lead may be used with a commercial fish wheel operated under this chapter.

History

Authority: AS 16.05.251

5 AAC 05.334 Identification of gear {#sec-5-aac-05.334 omnilex-key=us-ak-regs-official--title-5--5 AAC 05.334}

(a) Each drift gillnet in operation must have at one end a red keg, buoy or cluster of floats plainly and legibly marked with the fisherman's five-digit CFEC permit serial number.

(b) Each set gillnet and fish wheel in operation must be identified as required under 5 AAC 39.280.

(d) In Districts 3 - 6, unless a person is fishing under the ice, gillnets in operation sunk below the surface must have a keg, buoy, or cluster of floats visible on the surface of the water at each end of the submerged net, and for submerged gillnets over 60 feet in length, a third keg, buoy, or cluster of floats must be attached to the middle of the net.

History

Authority: AS 16.05.251

5 AAC 05.335 Minimum distance between units of gear {#sec-5-aac-05.335 omnilex-key=us-ak-regs-official--title-5--5 AAC 05.335}

(a) In District 1, no person may set or operate any part of a set gillnet within 300 feet of any part of another set gillnet.

(b) In District 2, no person may set or operate any part of a set gillnet within 200 feet of any part of another set gillnet.

(c) In Districts 4, 5, and 6, a person may not set or operate commercial fishing gear within 200 feet of other commercial, personal use, or subsistence fishing gear, except as follows:

(1) in District 4 from Old Paradise Village upstream to a point four miles upstream from Anvik there is no minimum distance requirement between fish wheels;

(2) at the site approximately one mile upstream from Ruby on the south bank of the Yukon River between ADF&G regulatory markers containing the area known locally as the "Slide," there is no minimum distance requirement between subsistence gear and commercial gear.

History

Authority: AS 16.05.251

5 AAC 05.340 Vessel identification {#sec-5-aac-05.340 omnilex-key=us-ak-regs-official--title-5--5 AAC 05.340}

A vessel used by a commercial salmon permit holder to take salmon during the open commercial fishing season in District 1, 2, or 3, must display, on both sides of the hull or cabin, in permanent symbols at least 12 inches high and with lines at least one inch wide that contrast with the background, the vessel's ADF&G license plate number, or the permit holder's five-digit CFEC permit number and the letter following.

History

Authority: AS 16.05.251
Eff. 5/29/93, Register 126

5 AAC 05.350 Closed waters {#sec-5-aac-05.350 omnilex-key=us-ak-regs-official--title-5--5 AAC 05.350}

Salmon may not be taken in the following waters:

(1) repealed 4/13/2013;

(2) waters farther than three nautical miles seaward from any grassland bank in District 1;

(3) all waters south and west of a line extending seaward in a northwestern direction from an ADF&G regulatory marker located on the beach approximately one nautical mile south of the mouth of Black River at 62° 20.58' N. lat., 165° 22.66' W. long. to a point located three nautical miles offshore at 62° 22.67' N. lat., 165° 27.37' W. long.;

(4) waters of the Andreafsky River upstream of a line between ADF&G regulatory markers placed on each side of the river at its mouth;

(5) Tanana River upstream of the downstream edge of the mouth of the Chena River;

(6) tributaries of the Yukon and Tanana Rivers;

(7) repealed 6/26/2016;

(8) waters of the Anvik River upstream of a line between ADF&G regulatory markers placed on each side of the river at its mouth;

(9) repealed 6/26/2016;

(10) repealed 7/13/2012;

(11) the waters within 500 yards of the mouth of the Pastolik River and Pastoliak River, as specified in 5 AAC 39.290(a)(2);

(12) all other waters of the Yukon Area, except those waters described in 5 AAC 05.200.

History

Authority: AS 16.05.251

5 AAC 05.355 Requirements for transporting salmon and salmon roe in the Yukon Area {#sec-5-aac-05.355 omnilex-key=us-ak-regs-official--title-5--5 AAC 05.355}

History

Authority: AS 16.05.251
Eff. 8/8/2007, Register 183

5 AAC 05.359 Yukon River Pink Salmon Management Plan {#sec-5-aac-05.359 omnilex-key=us-ak-regs-official--title-5--5 AAC 05.359}

(a) The goal of this management plan is to provide for the management of directed commercial pink salmon fishing in the Yukon River. Pink salmon exhibit an odd-numbered year and even-numbered year cycle in the Yukon River, in which an even-numbered year experiences large returns of pink salmon. The management of directed commercial pink salmon fishing is complicated by overlapping runs of summer chum salmon and fall chum salmon stocks.

(b) For the purpose of determining if there is a harvestable surplus of pink salmon under (c) of this section, the department shall use the best available information to assess pink salmon abundance, including mainstem river sonar passage estimates, subsistence and commercial harvest reports, and estimates from escapement monitoring projects.

(c) From June 15 through July 31, if the commissioner determines that there is a harvestable surplus of pink salmon sufficient to provide for pink salmon subsistence uses and other uses, and chum salmon escapement goals are expected to be achieved, the commissioner may open, by emergency order, a directed commercial pink salmon fishery in District 1 during which only a gillnet that has a mesh of size four and three-quarter inches or less may be used.

History

Authority: AS 16.05.060; AS 16.05.251; AS 16.05.258
Eff. 5/22/2016, Register 218

5 AAC 05.360 Yukon River King Salmon Management Plan {#sec-5-aac-05.360 omnilex-key=us-ak-regs-official--title-5--5 AAC 05.360}

(a) The objective of this management plan is to provide the department with guidelines to manage for the sustained yield of Yukon River king salmon. The department shall use the best available data, including preseason run projections, test fishing indices, age and sex composition, subsistence and commercial harvest reports, and passage estimates from escapement monitoring projects to assess the run size for the purpose of implementing this plan.

(b) The department shall manage commercial fishing as follows:

(1) the department may open a directed commercial king salmon fishery when increases in subsistence or test fishery net catches of king salmon have occurred over a seven to ten day period;

(2) the department shall manage the Yukon River commercial king salmon fishery for a guideline harvest range of 67,350 - 129,150 king salmon, distributed as follows:

(A) Districts 1 and 2: 60,000 - 120,000 king salmon;

(B) District 3: 1,800 - 2,200 king salmon;

(D) District 5:

(i) Subdistrict 5-B and 5-C: 2,400 - 2,800 king salmon;

(ii) Subdistrict 5-D: 300 - 500 king salmon; and

(E) District 6: 600 - 800 king salmon;

(3) when the projected king salmon harvest range for Districts 1 - 6 combined is below the low end harvest level from zero to 67,350 fish, the department shall allocate the commercial harvest available by percentage for each district as follows:

(A) Districts 1 and 2: 89.1 percent;

(B) District 3: 2.7 percent;

(D) Subdistricts 5-B and 5-C: 3.6 percent;

(E) Subdistrict 5-D: 0.4 percent; and

(F) District 6: 0.9 percent.

(d) The subsistence fishery in the Yukon River drainage will be based on a schedule to be implemented chronologically, consistent with migratory timing as the king salmon run progresses upstream. The commissioner may alter fishing periods by emergency order, if the commissioner determines that preseason or inseason run indicators indicate it is necessary for conservation purposes. The fishing periods for subsistence fishing in the Yukon River drainage will be established by emergency order as follows:

(1) Coastal District, Koyukuk River, Innoko River, and Subdistrict 5-D: seven days per week;

(2) Districts 1 - 3: two 36-hour fishing periods per week;

(3) District 4, and Subdistricts 5-B and 5-C: two 48-hour fishing periods per week;

(4) Subdistrict 5-A, and District 6: two 42-hour fishing periods per week; and

(5) Old Minto Area: five days per week.

(e) If inseason run strength indicates a sufficient abundance of king salmon to allow a commercial fishery, subsistence fishing shall revert to the fishing periods as specified in 5 AAC 01.210(c) - (h).

(f) The sport fishery in the Yukon River drainage will be managed to coordinate with the commercial and subsistence fisheries. Sport fishing restrictions necessary for conservation purposes will correspond to the level of abundance of king salmon.

(g) In Subdistrict 4-A, during times when the commissioner determines that it is necessary for the conservation of chum salmon, the commissioner may, by emergency order, close the commercial fish wheel fishing season and immediately reopen the season during which set gillnet gear may be used instead of a fish wheel.

(h) If preseason or inseason run assessment information indicates insufficient abundance of king salmon to meet escapement objectives on specific components of the run, the commissioner may, by emergency order, close all salmon fishing in a district or portion of a district.

(i) if the department projects that the Yukon River king salmon abundance will be insufficient to achieve the escapement goals or king salmon subsistence fishing is restricted in more than one district or portion of a district, the commissioner shall, by emergency order, close a fishery and immediately reopen a fishery during which king salmon may be retained, but not sold. If the department thereafter projects king salmon escapement goals will be met and king salmon subsistence fishing is not restricted in the district or portion of the district where commercial salmon fishing is open, and reasonable opportunity for subsistence uses of king salmon has been or will be provided within the season, the commissioner may, by emergency order, open a commercial fishery during which king salmon incidentally taken may be sold.

(j) Notwithstanding the provisions of this section, the department shall manage the king salmon subsistence fishery in Districts 1 - 6 during the first pulse of the historical three distinctive pulses of king salmon that enter the Yukon River drainage, as follows:

(1) in Districts 1 and 2, to account for the uncertainty in the preseason king salmon run projection, if the preseason king salmon forecast indicates insufficient abundance to meet escapement goal objectives and subsistence harvest needs, the department shall manage the king salmon subsistence fishery conservatively and not open any salmon subsistence fishing periods during the first pulse of king salmon entering the districts;

(2) in Districts 3 - 6,

(A) if inseason run assessment information indicates insufficient abundance of king salmon to meet escapement objectives on specific components of the run and subsistence harvest needs, the department will not open any subsistence fishing periods during the first pulse implemented chronologically in the applicable district, consistent with migratory timing as the king salmon run progresses upstream;

(B) if inseason run assessment information indicates sufficient abundance of king salmon to meet escapement objectives on specific components of the run and subsistence harvests needs, subsistence fishing will revert to the fishing periods as specified in (d) of this section.

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 05.361 Yukon River King Salmon Stock of Concern Management Plan {#sec-5-aac-05.361 omnilex-key=us-ak-regs-official--title-5--5 AAC 05.361}

(a) The purpose of the Yukon River King Salmon Stock of Concern Management Plan is to provide management tools and guidelines to the department for the management of Yukon River salmon fisheries consistent with AS 16.05.258, 5 AAC 39.220, 5 AAC 39.222, the Pacific Salmon Treaty, and the seven-year agreement between this state and Canada to prohibit directed fishing for king salmon in the Yukon River main stem. While Yukon River king salmon are listed as a stock of management concern, this plan is intended to ensure the sustained yield of king salmon stocks large enough to meet sustainable escapement goals, while allowing for harvest opportunity in the subsistence, sport, and commercial fisheries, as follows:

(1) in addition to management measures specified in 5 AAC 05.360 and educational permits provided under 5 AAC 93.212, the department may relax subsistence fishery management measures in specific tributaries within the state if updated stock composition and run assessment data indicate areas where specific restrictions are no longer needed to ensure the established escapement goals will be met;

(2) a fish wheel operated under this subsection must be operated as specified in 5 AAC 05.362(j)(1) and (2).

(b) The provisions of this management plan will remain in effect while Yukon River king salmon are listed as a stock of management concern. The department may recommend removal of this designation at the first Arctic, Yukon, Kuskokwim Board of Fisheries meeting when either of the following conditions exist:

(1) the majority of the lower bounds of the established biological escapement goal and sustainable escapement goal ranges are met or exceeded in five consecutive years and are expected to be met in the future years;

(2) if annual yields or harvestable surpluses are below the historical range, and the department recommends changing the stock of concern designation to a stock of yield concern.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 6/17/2026, Register 258

5 AAC 05.362 Yukon River Summer Chum Salmon Management Plan {#sec-5-aac-05.362 omnilex-key=us-ak-regs-official--title-5--5 AAC 05.362}

(a) The objective of this management plan is to provide the department with guidelines to manage for the sustained yield of Yukon River summer chum salmon. The department shall use the best available data, including preseason run projections, test fishing indices, age and sex composition, subsistence and commercial harvest reports, and passage estimates from escapement monitoring projects to assess the run size for the purpose of implementing this plan. Management of the summer chum salmon fisheries may be affected during times of king salmon conservation.

(b) When the projected run size of summer chum salmon is 500,000 fish or less,

(1) the commissioner shall close, by emergency order, the commercial, sport, and personal use directed summer chum salmon fisheries;

(2) the department may restrict or close the subsistence summer chum salmon fishery, except that, if indicators show an individual escapement goal in a district, subdistrict, or portion of a district or subdistrict will be met, the commissioner may open, by emergency order, a directed subsistence summer chum fishery in that district, subdistrict, or portion of a district or subdistrict.

(1) the commissioner shall close, by emergency order, the commercial, sport, and personal use directed summer chum salmon fisheries;

(2) the department may restrict the subsistence summer chum salmon fishery, except that, if indicators show that individual escapement goals within a district, subdistrict, or portion of a district or subdistrict will be met, the commissioner may open, by emergency order, a less restrictive directed subsistence summer chum fishery in that district, subdistrict, or portion of a district or subdistrict;

(3) if indicators show that individual escapement goals and subsistence needs within a district, subdistrict, or portion of a district or subdistrict will be met, the commissioner may open, by emergency order, a summer chum salmon fishery for commercial, sport, or personal use fishing in that district, subdistrict, or portion of a district or subdistrict.

(d) Repealed 5/22/2016.

(e) When the projected run size of chum salmon is more than 650,000 fish, but not more than 750,000 fish, the commissioner may open, by emergency order, a drainagewide commercial fishery to harvest up to 50,000 fish above the run size of 650,000 chum salmon distributed by district or subdistrict in proportion to the guideline harvest levels established in (g) of this section.

(f) When the projected run size of summer chum salmon is more than 750,000 fish, the commissioner may open, by emergency order, a drainagewide commercial fishery managed to achieve escapements within the established drainagewide escapement goal range of 500,000 - 1,200,000 summer chum salmon. The targeted harvest of the surplus will be distributed by district or subdistrict in proportion to the guideline harvest levels established in (g) of this section.

(g) The department shall manage the commercial summer chum salmon fishery for a guideline harvest level of 400,000 - 1,200,000 summer chum salmon to be distributed as follows:

(1) Districts 1 and 2: 251,000 - 755,000 fish;

(2) District 3: 6,000 - 19,000 fish;

(3) Subdistrict 4-A: 113,000 - 338,000 fish, the equivalent roe poundage of 61,000 - 183,000 pounds, or a combination of pounds of roe and numbers of fish;

(4) Subdistricts 4-B and 4-C: 16,000 - 47,000 fish;

(5) Subdistricts 5-B, 5-C, and 5-D: 1,000 - 3,000 fish;

(6) District 6: 13,000 - 38,000 fish.

(h) When the projected summer chum salmon harvest level for Districts 1 - 6 combined is 400,000 fish or less, the department shall distribute the commercial harvest available by percentage to each district or subdistrict as follows:

(1) Districts 1 and 2: 62.9 percent;

(2) District 3: 1.6 percent;

(3) Subdistrict 4-A: 28.2 percent;

(4) Subdistrict 4-B and 4-C: 3.9 percent;

(5) District 5: 0.3 percent;

(6) District 6: 3.2 percent.

(i) All salmon caught by CFEC permit holders during a commercial fishing period when salmon roe is sold, shall be reported in numbers of fish on ADF&G fish tickets. Notwithstanding 5 AAC 05.368, no more than 183,000 pounds of summer chum salmon roe from Subdistrict 4-A may be sold separately each year. If this roe cap is reached, fishing may continue, but all salmon must be sold in the round.

(j) In Subdistrict 4-A and District 6, during times when the commissioner determines that it is necessary for the conservation of king salmon, the commissioner may, by emergency order, close the commercial set gillnet fishing season and immediately reopen the fishing season during which

(1) a fish wheel may be used; a fish wheel operated under this subsection must be constructed in a manner that includes

(A) basket sides and bottoms consisting of soft mesh material similar to or made of seine web; and

(B) an adjustable or fixed slide or chute that

(i) consists of a smooth bottom and closed cell foam lined sides; and

(ii) returns king salmon immediately to the water;

(2) the permit holder shall be present at and attend the fish wheel at all times while the fish wheel is in operation; and

(3) all king salmon caught in the fish wheel must be returned immediately to the water alive.

(k) In Districts 1 - 3, during times when the commissioner determines that it is necessary for the conservation of king salmon, the commissioner may, by emergency order, close the commercial gillnet fishing season and immediately reopen a fishing season during which

(1) a permit holder may fish with

(A) up to four dip nets; notwithstanding 5 AAC 39.105(d)(24), for the purposes of this subparagraph, a dip net is a bag-shaped net supported on all sides by a rigid frame in which no portion of the bag is constructed of webbing that exceeds a stretched measurement of four and one-half inches and the frame is attached to a single rigid handle and operated by hand; the depth of the bag must be at least one-half of the greatest straight-line distance, as measured through the net opening; for a dip net with

(i) a circular net frame, the maximum straight-line distance between any two points on the net frame, as measured through the net opening, may not exceed five feet;

(ii) a net frame that is not a circular net frame, the width-height dimensions may not exceed six feet by three feet;

(B) beach seine gear; a beach seine may not be constructed of monofilament web and may not exceed

(i) 150 fathoms in length;

(ii) 100 meshes in depth;

(iii) a mesh size of four inches stretched measure; and

(2) all king salmon caught in dip net and beach seine gear must be released immediately and returned to the water unharmed.

History

Authority: AS 16.05.060; AS 16.05.251; AS 16.05.258
Eff. 6/14/90, Register 115; am 7/12/96, Register 139; am 4/22/99, Register 150; am 6/17/2001, Register 158; em am 7/1/2009 - 10/28/2009, Register 191; am 5/9/2010, Register 194; am 7/13/2012, Register 203; am 4/13/2013, Register 206; am 5/18/2014, Register 210; am 5/22/2016, Register 218

5 AAC 05.365 Yukon River fall chum salmon guideline harvest ranges {#sec-5-aac-05.365 omnilex-key=us-ak-regs-official--title-5--5 AAC 05.365}

(a) The department shall manage the Yukon River commercial fall chum salmon fishery for a guideline harvest range of 72,750 - 320,500 chum salmon, distributed as follows:

(1) Districts 1, 2, and 3: 60,000 - 220,000 chum salmon;

(2) District 4: 5,000 - 40,000 chum salmon;

(3) Subdistricts 5-B and 5-C: 4,000 - 36,000 chum salmon;

(4) Subdistrict 5-D: 1,000 - 4,000 chum salmon;

(5) District 6: 2,750 - 20,500 chum salmon.

(b) Fall chum salmon taken as incidental catch under 5 AAC 05.369 are not considered part of the full chum salmon guideline harvest ranges set out in this section.

History

Authority: AS 16.05.251
Eff. 4/18/86, Register 98; am 5/31/87, Register 102; am 6/14/90, Register 115; am 5/29/93, Register 126; am 6/10/98, Register 146; am 4/22/99, Register 150; am 6/17/2001, Register 158

5 AAC 05.366 Yukon River Fall Chum Salmon Stock of Concern Management Plan {#sec-5-aac-05.366 omnilex-key=us-ak-regs-official--title-5--5 AAC 05.366}

(a) The purpose of the Yukon River Fall Chum Salmon Stock of Concern Management Plan is to provide the department with tools and guidelines for managing Yukon River salmon fisheries consistent with AS 16.05.258, 5 AAC 39.220, 5 AAC 39.222 and the Pacific Salmon Treaty. While Yukon River fall chum salmon are designated as a stock of management concern, this plan is intended to ensure run sizes at levels sufficient to meet established escapement goals, while also allowing for harvest opportunities in subsistence, sport, and commercial fisheries, consistent with AS 16.05.258.

(b) When Yukon fall chum salmon are designated as a stock of management concern, the department shall implement the Yukon River Drainage Fall Chum Salmon Management Plan described in 5 AAC 01.249 from July 13 through December 31.

(c) The department shall prohibit commercial fisheries in the Yukon River drainage from July 13 through December 31 when the projected run size is less than 550,000 fall chum salmon as specified in 5 AAC 01.249(5).

(d) The department shall restrict sport fishing for Yukon fall chum salmon in the Yukon River drainage until subsistence opportunities are provided.

(e) The department shall manage personal use fisheries in accordance with 5 AAC 77.171 - 5 AAC 77.174 if subsistence opportunities are provided.

(f) If the department determines that a harvestable surplus is expected to exceed 300,000 fall chum salmon, the department shall provide subsistence fishing opportunities consistent with precautionary management principles of 5 AAC 39.222 to achieve the drainage-wide or tributary-specific escapement goals.

(g) In addition to management measures specified in 5 AAC 01.249 and educational permits provided under 5 AAC 93.212, the department may relax subsistence fishery management measures in specific tributaries within the state if updated stock composition and run assessment data indicate areas where specific restrictions are no longer needed to ensure the established escapement goals will be met.

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 6/17/2026, Register 258

5 AAC 05.367 Tanana River Salmon Management Plan {#sec-5-aac-05.367 omnilex-key=us-ak-regs-official--title-5--5 AAC 05.367}

(a) The purpose of this management plan is to provide for the sustained yield of the Tanana River salmon resource. The department shall manage the salmon fisheries in the Tanana River drainage to achieve established spawning escapement goals. Except as provided in 5 AAC 01.249, the department shall manage the District 6 and Subdistrict 5-A salmon fisheries in accordance with the provisions of this section.

(b) The department shall manage the salmon fisheries in District 6 (Tanana River) as follows:

(1) the commercial salmon fishing season shall be opened by emergency order and closes on September 30, unless closed earlier by emergency order;

(2) the commercial salmon fishing periods shall be opened and closed by emergency order;

(3) except as provided in 5 AAC 01.210(b)(4), in Subdistricts 6-A and 6-B, through September 30, the subsistence salmon fishing periods are from 6:00 p.m. Friday until 12:00 noon Sunday and from 6:00 p.m. Monday until 12:00 noon Wednesday, unless modified by emergency order;

(4) in Subdistrict 6-C, the personal use salmon fishing periods are from 6:00 p.m. Friday until 12:00 noon Sunday and from 6:00 p.m. Monday until 12:00 noon Wednesday, unless modified by emergency order;

(5) the guideline harvest ranges are

(A) 600 - 800 king salmon;

(B) 13,000 - 38,000 summer chum salmon; and

(c) The department shall manage the salmon fisheries in Subdistrict 5-A according to the stock status and timing of salmon bound for the Tanana River as follows:

(1) the commissioner may open, by emergency order, the commercial salmon fishing season only after August 10;

(2) when the District 6 fall chum salmon harvest is below the upper end of the guideline harvest range set out in 5 AAC 05.365(5), the department shall manage the fishery in Subdistrict 5-A as follows:

(A) a person may sell only salmon roe from fish commercially harvested in Subdistrict 5-A;

(B) the guideline harvest range is 0 - 4,000 pounds of fall chum salmon roe; and

(C) the department shall manage, to the extent practicable, the fishery to ensure that no more than 2,000 pounds of roe removed from coho salmon incidentally taken in the fall chum salmon directed fishery are sold;

(3) when the District 6 fall chum salmon harvest exceeds the upper end of the guideline harvest range set out in 5 AAC 05.365, in addition to the pounds of fall chum salmon roe allowed under (2) of this section, the department shall manage, to the extent practicable, the fishery in Subdistrict 5-A to ensure that

(A) no more than 2,000 female fall chum salmon, or a combination of pounds of chum salmon roe and number of females equivalent to 2,000 fish, as determined by the department, are sold;

(B) no more than 2,000 male fall chum salmon are sold; and

(C) for coho salmon incidentally taken in the fall chum salmon directed fishery, no more than 4,000 pounds of coho salmon roe, or a combination of numbers of fish and pounds of roe equivalent to 4,000 fish, as determined by the department, are sold; for the purpose of this subparagraph, the poundage of roe shall include the poundage of coho salmon roe sold under (2)(C) of this subsection;

(4) for all salmon taken and sold under (3) of this subsection, a buyer shall report the numbers of females and males, by species, on a fish ticket at the time of the sale;

(5) beginning August 1, a person holding a CFEC permit who sells salmon or roe from salmon taken in

(A) Subdistrict 5-A may not sell salmon or roe from salmon taken in Subdistricts 5-B, 5-C, or 5-D; and

(B) Subdistrict 5-B, 5-C, or 5-D may not sell salmon or roe from salmon taken in Subdistrict 5-A;

(6) repealed 6/17/2001.

History

Authority: AS 16.05.060; AS 16.05.251; AS 16.05.258
Eff. 8/5/88, Register 107; am 6/14/90, Register 115; am 6/10/98, Register 146; am 4/22/99, Register 150; am 6/17/2001, Register 158; am 5/19/2004, Register 170; am 12/1/2004, Register 172

5 AAC 05.368 Anvik River Chum Salmon Fishery Management Plan {#sec-5-aac-05.368 omnilex-key=us-ak-regs-official--title-5--5 AAC 05.368}

The department may not manage the Yukon River summer chum salmon run to specifically allow an allocation of catch to the Anvik River. It is the intent of the Board of Fisheries that Yukon River summer chum salmon be harvested in the fisheries that have historically harvested them, including the methods, means, times, locations, and guideline harvest levels for the respective districts and subdistricts within the Yukon Area; the following provisions apply to the Anvik River chum salmon fishery:

(1) only after the department projects that an escapement objective of 500,000 or more chum salmon will be achieved may the commissioner open, by emergency order, any portion of the Anvik River, upstream of ADF&G regulatory markers placed on each side of the river at its mouth to the taking of chum salmon;

(2) in the Anvik River, the set gillnet fishery includes fish wheels, hand beach seine gear, and hand purse seine gear; the fish wheel fishery includes set gillnets, hand beach seine gear, and hand purse seine gear; a fish wheel, set gillnet, and hand beach seine gear may be operated only as follows:

(A) only a fish wheel equipped with a livebox may be used and must be operated as follows:

(i) the livebox must be constructed so that it contains no less than 45 cubic feet of water volume while it is in operation;

(ii) for the purpose of this subparagraph, a "livebox" is a submerged container attached to the fish wheel that will keep fish caught by the fish wheel alive;

(B) notwithstanding 5 AAC 05.331 (a), (c) and (f), a person may operate only a single set gillnet at any one time as follows:

(i) the set gillnet may not exceed 25 fathoms in length and may not be larger than five and one-quarter inch stretch mesh; and

(ii) notwithstanding 5 AAC 39.107(f), a CFEC permit holder or crewmember must be physically present at a set gillnet site at all times the set gillnet is in operation to continuously attend the set gillnet and release all king salmon alive to the water;

(C) for the purpose of this section, a "hand beach seine" is a beach seine that is retrieved by hand power or hand-powered crank and not by any type of electrical, hydraulic, mechanical, or other device or attachment;

(3) notwithstanding (2) of this section, during times when the commissioner determines it to be necessary for the conservation of king salmon, the commissioner, by emergency order, may close the fishing season for the set gillnet fishery and the fish wheel fishery in the Anvik River and immediately reopen the season during which only hand beach seine gear and hand purse seine gear may be used to take fish in those fisheries;

(4) no more than 100,000 pounds of summer chum salmon roe taken from the Anvik River may be sold annually; if this roe cap is reached, fishing effort may continue, but only the sale of chum salmon in-the-round is allowed;

(5) all king salmon taken in the Anvik River during commercial fishing periods must be returned to the water alive;

(6) in the Anvik River, during periods specified by the department, a CFEC permit holder may not sell more than 1,000 chum salmon in-the-round or 700 pounds of chum salmon roe per commercial fishing period.

History

Authority: AS 16.05.060; AS 16.05.920 AS 16.05.251; AS 16.05.940
Eff. 7/3/94, Register 130; em am 7/8/94 - 11/4/94, Register 131; am 3/30/95, Register 133; am 3/31/95, Register 133; am 7/12/96, Register 139; am 6/10/98, Register 146; am 5/24/2023, Register 246

5 AAC 05.369 Yukon River Coho Salmon Management Plan {#sec-5-aac-05.369 omnilex-key=us-ak-regs-official--title-5--5 AAC 05.369}

(a) The goal of this plan is to provide for the management of directed commercial coho salmon fishing in the Yukon River. The majority of Yukon River coho salmon spawn in tributaries that flow into the Yukon River from the mouth of the Yukon River up to and including the Tanana River drainage. The management of directed coho salmon fishing during the fall season is complicated by an overlapping run of more abundant fall chum salmon stocks.

(b) For the purpose of (c) of this section, the department shall use the best available information to assess coho salmon abundance, including mainstem river sonar passage estimates, test fisheries indices, subsistence and commercial fishing reports, and estimates from escapement monitoring projects.

(1) the return of coho salmon measured under (b) of this section is projected to provide for a harvestable surplus;

(2) the fall chum salmon return is assessed by the department to be more than 500,000 fish;

(3) repealed 6/21/2007.

(d) Fall chum salmon harvested during a directed commercial coho salmon fishery under this section will be considered incidental and may only occur on the harvestable surplus of fall chum salmon above 500,000 fish.

(e) In a year when a directed commercial coho salmon fishery is opened under this section in

(1) Districts 1, 2, and 3, the commissioner shall close, by emergency order, the coho salmon fall season;

(2) Districts 4, 5, and 6, the commissioner shall close, by emergency order, the coho salmon fall season;

(3) repealed 6/7/2007.

(f) In Subdistrict 5-B, 5-C, and 5-D there will be no directed commercial coho salmon fishery unless the department determines that there will be a harvestable surplus of coho salmon.

(g) The department shall distribute, to the extent practicable, the harvest opportunity in the directed coho salmon fishery between districts and subdistricts as follows:

(1) 24 hours of combined fishing time in Districts 1, 2, and 3 will be considered equal to 32 hours of fishing time in

(A) Subdistrict 4-A;

(B) Subdistricts 4-B and 4-C combined;

(D) District 6;

(2) to ensure an orderly and conservative fishery, coho salmon fishing will be managed as follows:

(A) in Districts 1, 2, and 3 combined, fishing time shall not exceed 24 hours in a seven-day period;

(B) in District 4-A, fishing time shall not exceed 32 hours in a seven-day period;

(D) in Subdistrict 5-A, fishing time shall not exceed 32 hours in a seven-day period;

(E) in District 6, fishing time shall not exceed 32 hours in a seven-day period.

(h) Repealed 6/17/2001.

(i) Notwithstanding any other provision in this section, if the commissioner determines that there is a harvestable surplus of coho salmon above escapement needs and those necessary for subsistence uses, and that a directed coho salmon commercial fishery will not have a significant impact on escapement or allocation of fall chum salmon, the commissioner may, by emergency order, open a directed coho salmon commercial fishery under this section.

History

Authority: AS 16.05.060; AS 16.05.251; AS 16.05.258
Eff. 4/22/99, Register 150; am 6/17/2001, Register 158; am 6/7/2007, Register 182; am 6/21/2007, Register 182; em am 9/10/2009 - 1/7/2010, Register 192; am 5/19/2010, Register 194; am 6/28/2019, Register 230

5 AAC 05.370 Registration and reregistration {#sec-5-aac-05.370 omnilex-key=us-ak-regs-official--title-5--5 AAC 05.370}

(a) A CFEC limited entry or interim-use salmon permit holder shall register for a fishing district described in 5 AAC 05.200 as follows:

(1) in Districts 4, 5, and 6, initial district registration is accomplished by indicating on the fish ticket used for the first delivery of the season the district in which the permit holder first took salmon;

(2) in Districts 1, 2, and 3,

(A) through July 15, initial district registration is accomplished by indicating on the fish ticket used for the first delivery of the season the district in which the permit holder first took salmon;

(B) after July 15, in that portion of District 1 not included in the set gillnet only area described in 5 AAC 05.330(a), and in Districts 2 and 3, initial district registration is accomplished by indicating on the fish ticket used for the first delivery made after July 15 the district in which the permit holder first took salmon.

(b) After initial registration for Districts 1, 2, and 3, a CFEC limited entry or interim-use salmon permit holder may take salmon in another district following reregistration for the district of intended operation. However, the permit holder may not take salmon in any district during the 72-hour period following reregistration. District reregistration is accomplished when the permit holder contacts a local representative of the department and furnishes any information requested to the representative. The reregistration and the 72-hour waiting period begins at the time that notification is received and noted by the department. Only one reregistration is allowed before July 15.

(d) A permit holder who is registered for District 1, 2, or 3, may not take salmon in District 4, 5, or 6.

(e) A permit holder who is registered for District 4, 5, or 6 may not take salmon in another district.

(f) A permit holder may not be registered for more than one district at a time.

(g) Repealed 6/10/98.

(h) Repealed 4/15/81.

(i) A CFEC limited entry or interim-use salmon permit holder may not take salmon in the set gillnet only area described in 5 AAC 05.330(a) after July 15 unless the permit holder is registered for those locations as follows:

(1) a permit holder shall register with the department for the set gillnet only area described in 5 AAC 05.330(a) before the first commercial salmon fishing period that commences after July 15;

(2) after initial registration for the set gillnet only area, a permit holder may take salmon in the remaining locations of District 1, or in Districts 2 or 3 following reregistration; however, the permit holder may not take salmon in any district during the 72-hour period following reregistration; district reregistration is accomplished when the permit holder contacts a local representative of the department and furnishes any information requested to the representative;

(3) after the first commercial salmon fishing period after July 15, a permit holder that is not registered for the set gillnet only area may take salmon in the set gillnet only area only after registration; however, the permit holder may not take salmon in any district during the 72-hour period following the registration; registration is accomplished when the permit holder contacts a local representative of the department and furnishes any information requested to the representative.

History

Authority: AS 16.05.251

5 AAC 05.375 Permits for District 6 salmon processors {#sec-5-aac-05.375 omnilex-key=us-ak-regs-official--title-5--5 AAC 05.375}

The operator of a salmon-processing operation, and a company employing aircraft used for transporting salmon or salmon products, in District 6, must obtain a permit from the department before starting operations. The permit must contain the following:

(1) procedures and requirements for the reporting of location and date of processing operations to the department;

(2) the identity and description of each aircraft and vessel employed in the transporting of salmon or salmon products;

(3) permission for local representatives of the department to inspect, at any time, aircraft and vessels used for transporting salmon; storage areas; freezers; processing areas; processing records; and processed and unprocessed salmon; and

(4) other information required by the department for the conservation and management of the salmon resources or for enforcement of fishing laws.

History

Authority: AS 16.05.251
Eff. 8/5/88, Register 107

5 AAC 05.377 Reporting requirements {#sec-5-aac-05.377 omnilex-key=us-ak-regs-official--title-5--5 AAC 05.377}

In Subdistrict 6-C, each commercial salmon fisherman shall report, on an ADF&G fish ticket, the number of salmon taken but not sold during each commercial salmon fishing period.

History

Authority: AS 16.05.251
Eff. 7/16/92, Register 123; am 6/10/98, Register 146

5 AAC 05.380 Unlawful possession of subsistence-taken salmon {#sec-5-aac-05.380 omnilex-key=us-ak-regs-official--title-5--5 AAC 05.380}

It is unlawful to purchase salmon from which both tips (lobes) of the tail fin have been removed as required by 5 AAC 01.240(c). Possession of salmon taken for subsistence purposes from which both tips (lobes) of the tail fin have not been removed is prima facie evidence that the salmon was taken and possessed for commercial purposes.

History

Authority: AS 16.05.251; AS 16.05.258

Article 4 (Repealed)

5 AAC 05.410 was repealed as of Register 110 {#sec-5-aac-05.410 omnilex-key=us-ak-regs-official--title-5--5 AAC 05.410}

5 AAC 05.510. Fishing season.

Repealed.

Chapter 06 Bristol Bay Area

Article 1 Description of Area

5 AAC 06.001 Application of this chapter {#sec-5-aac-06.001 omnilex-key=us-ak-regs-official--title-5--5 AAC 06.001}

History

Authority: AS 16.05.251

5 AAC 06.100 Description of area {#sec-5-aac-06.100 omnilex-key=us-ak-regs-official--title-5--5 AAC 06.100}

The Bristol Bay Area consists of all waters of Alaska in Bristol Bay including drainages enclosed by a line from Cape Newenham at 58° 38.88' N. lat., 162° 10.51' W. long., to Cape Menshikof at 57° 28.34' N. lat., 157° 55.84' W. long.

History

Authority: AS 16.05.251

Article 2 Fishing Districts and Sections

5 AAC 06.200 Fishing districts and sections {#sec-5-aac-06.200 omnilex-key=us-ak-regs-official--title-5--5 AAC 06.200}

(a) Nushagak District: all waters of Nushagak Bay north of a line from a point at Nichols Hills at 58° 33.77' N. lat., 158° 46.57' W. long., to Etolin Point at 58° 39.37' N. lat., 158° 19.31' W. long., and the Wood River Special Harvest Area,

(1) Igushik Section: all waters of Nushagak Bay enclosed by a line from a point at Nichols Hills at 58° 33.77' N. lat., 158° 46.57' W. long., to a point at 58° 36.28' N. lat., 158° 34.40' W. long., to a point at 58° 44.80' N. lat., 158° 41.50' W. long., to a point at 58° 46.13' N. lat., 158° 46.65' W. long.;

(2) Snake River Section: all waters enclosed by a line from 58° 52.90' N. lat., 158° 43.30' W. long. to 58° 44.80' N. lat., 158° 41.50' W. long. to 58° 46.13' N. lat., 158° 46.65' W. long.;

(3) Nushagak Section: all waters of the Nushagak District not described in (1) and (2) of this subsection.

(b) Naknek-Kvichak District: all waters of Kvichak Bay north and east of a line from 58° 43.73' N. lat., 157° 42.71' W. long., to 58° 36.77' N. lat., 157° 15.82' W. long., and the Naknek River Sockeye Salmon Special Harvest Area, the Kvichak River Sockeye Salmon Special Harvest Area, and the Alagnak River Sockeye Salmon Special Harvest Area,

(1) Kvichak Section: all waters of Kvichak Bay enclosed by a line from 58° 43.73' N. lat., 157° 42.71' W. long., to 58° 38.455' N. lat., 157° 22.331' W. long., to the outer end of Libbyville Dock at 58° 46.76' N. lat., 157° 03.57' W. long., then along the dock to the shore at 58° 46.61' N. lat., 157° 03.25' W. long.;

(2) Naknek Section: all waters of Kvichak Bay enclosed by a line from 58° 36.77' N. lat., 157° 15.82' W. long., to 58° 38.455' N. lat., 157° 22.331' W. long., to the outer end of Libbyville Dock at 58° 46.76' N. lat., 157° 03.57' W. long., then along the dock to the shore at 58° 46.61' N. lat., 157° 03.25' W. long.

(c) Egegik District: all waters south of a line between 58° 19.10' N. lat., 157° 36.65' W. long. and 58° 17.93' N. lat., 157° 32.67' W. long., east of a line between 58° 19.10' N. lat., 157° 36.65' W. long. and 58° 11.00' N. lat., 157° 38.10' W. long., and north of a line between 58° 11.00' N. lat., 157° 38.10' W. long. and 58° 09.44' N. lat., 157° 32.97' W. long.

(d) Ugashik District: all waters south of a line from Cape Greig at 57° 43.54' N. lat., 157° 41.82' W. long., to a point approximately one mile offshore at 57° 43.54' N. lat., 157° 43.80' W. long., then east of a line from 57° 43.54' N. lat., 157° 43.80' W. long. to Cape Menshikof at 57° 28.34' N. lat., 157° 55.84' W. long.

(e) Togiak District: all waters north of a line from Cape Newenham at 58° 38.88' N. lat., 162° 10.51' W. long. to Cape Peirce at 58° 33.10' N. lat., 161° 46.25' W. long. to Right Hand Point at 58° 46.27' N. lat., 159° 55.00' W. long. to Kulukak Point at 58° 50.40' N. lat., 159° 39.00' W. long.

(1) Togiak River Section: waters of Togiak Bay within a line from near Mt. Aeolus at 58° 54.82' N. lat., 160° 44.06' W. long. to Rocky Point at 58° 53.30' N. lat., 160° 14.70' W. long.;

(2) Kulukak Section: waters of Kulukak Bay within a line from Kulukak Point at 58° 50.40' N. lat., 159° 39.00' W. long. to 58° 50.47' N. lat., 159° 45.25' W. long.;

(3) Osviak Section: waters within a line between Estus Point at 58° 46.86' N. lat., 161° 10.98' W. long. and Asigyugpak Spit at 58° 41.00' N. lat., 161° 18.20' W. long.;

(4) Matogak Section: waters of Hagemeister Strait within a line between Estus Point at 58° 46.86' N. lat., 161° 10.98' W. long. and Tongue Point at 58° 48.63' N. lat., 160° 50.31' W. long.;

(5) Cape Peirce Section: waters within a line from Cape Newenham at 58° 38.88' N. lat., 162° 10.51' W. long. to Cape Peirce at 58° 33.10' N. lat., 161° 46.25' W. long.

(f) Repealed 8/20/71.

(g) Repealed 4/9/2004.

History

Authority: AS 16.05.251

5 AAC 06.205 Use of Loran C {#sec-5-aac-06.205 omnilex-key=us-ak-regs-official--title-5--5 AAC 06.205}

Repealed.

History

Eff. 4/2/88, Register 105; repealed 6/22/2001, Register 158

5 AAC 06.206 Use of global positioning system (GPS) {#sec-5-aac-06.206 omnilex-key=us-ak-regs-official--title-5--5 AAC 06.206}

In the Bristol Bay Area, boundaries, lines, and coordinates are identified with the global positioning system (GPS). If the global positioning system is not operating, the boundaries, lines, and coordinates are as identified by ADF&G regulatory markers.

History

Authority: AS 16.05.251
Eff. 6/22/2001, Register 158

Article 3 Salmon Fishery

5 AAC 06.310 Fishing seasons {#sec-5-aac-06.310 omnilex-key=us-ak-regs-official--title-5--5 AAC 06.310}

Salmon may be taken only from June 1 through September 30 and only during open commercial salmon fishing periods.

History

Authority: AS 16.05.251

5 AAC 06.320 Fishing periods {#sec-5-aac-06.320 omnilex-key=us-ak-regs-official--title-5--5 AAC 06.320}

(a) In the Togiak District, salmon may be taken only as follows:

(1) in the Cape Peirce, Osviak, and Matogak Sections, from 9:00 a.m. Monday to 9:00 a.m. Saturday;

(2) in the Kulukak Section, from 9:00 a.m. Monday to 9:00 p.m. Wednesday;

(3) in the Togiak River Section, from 9:00 a.m. Monday to 9:00 a.m. Friday, except as provided in 5 AAC 06.369(c)(1).

(b) In the Nushagak District,

(1) from June 1 through September 30, salmon may be taken only during periods established by emergency order;

(2) repealed 4/9/95.

(1) from June 1 through 9:00 a.m. July 17, salmon may be taken only during fishing periods established by emergency order;

(2) after 9:00 a.m. July 17, salmon may be taken only from 9:00 a.m. Monday to 9:00 a.m. Sunday, or during fishing periods established by emergency order, except as specified for the

(A) Egegik District in 5 AAC 06.359;

(B) Naknek-Kvichak District in 5 AAC 06.360(g) and 5 AAC 06.374(g); and

(d) Repealed 5/14/98.

(e) Repealed 5/14/98.

(f) Repealed 5/14/98.

(g) Repealed 4/16/2023.

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 06.330 Gear {#sec-5-aac-06.330 omnilex-key=us-ak-regs-official--title-5--5 AAC 06.330}

(a) Salmon may be taken with set and drift gillnets only in the districts described in 5 AAC 06.200. Salmon may be taken with set gillnets on the northwest shore of Kvichak Bay from the Naknek-Kvichak District boundary south to 58° 43.80' N. lat., 157° 42.70' W. long.

(b) Repealed 3/8/74.

History

Authority: AS 16.05.251

5 AAC 06.331 Gillnet specifications and operations {#sec-5-aac-06.331 omnilex-key=us-ak-regs-official--title-5--5 AAC 06.331}

(a) Gillnet mesh size restrictions are as follows:

(1) gillnet mesh size may not exceed five and one-half inches during periods established by emergency order for the protection of king salmon and in the Naknek-Kvichak and Ugashik District from June 1 through July 22;

(2) gillnet mesh size may not be less than five and three-eighths inches during periods established by emergency order for the protection of pink salmon;

(3) gillnet mesh size may not exceed four and three-quarters inches during periods established by emergency order for the protection of sockeye and coho salmon;

(4) gillnet mesh size may not be less than seven and one-half inches during periods established by emergency order for the protection of sockeye salmon;

(5) from 9:00 a.m. June 15 to 9:00 a.m. July 15, mesh size restrictions for the Togiak District are as provided in 5 AAC 06.369(d);

(6) from June 1 through July 1, mesh size restrictions for the Egegik District are specified in 5 AAC 06.365(e).

(b) No gillnet may be more than 29 full meshes in depth, including the selvages.

(c) Except as provided in 5 AAC 06.333, a person may not operate or assist in the operation of a drift gillnet exceeding 150 fathoms in length or a set gillnet exceeding 50 fathoms in length.

(d) Repealed 3/26/76.

(e) Except as provided in 5 AAC 06.333, a vessel registered for salmon net fishing may not have on board it or any vessel towed by it, during an open fishing period, more than 150 fathoms of drift gillnet gear in the aggregate. Additional gear may be transported to another district under conditions specified by the department.

(f) A person may not operate more than two set gillnets, and the aggregate length of set gillnets operated by that person may not exceed 50 fathoms in length. Notwithstanding 5 AAC 39.240(a), in the Bristol Bay Area, a

(1) person may assist in the operation of additional set gillnet gear when the CFEC interim-use or entry permit card holder of the additional gear is present in compliance with 5 AAC 39.107;

(2) vessel may have more than one legal limit of set gillnet fishing gear on board the vessel.

(g) The operation of a gillnet shall be performed or assisted by the person who holds a valid interim-use or entry permit card for that gear.

(h) Set gillnets shall be operated in substantially a straight line.

(i) A set gillnet must be set on an area of a beach that, at mean low tide, is connected by exposed land to the shore or to land not covered at high tide, except that in the Togiak District between a point on the southernmost mouth of the Kulukak River at 58° 54.94' N. lat., 159° 43.81' W. long. and a point at the eastern entrance to Metervik Bay at 58° 50.47' N. lat., 159° 45.25' W. long., between Rocky Point at 58° 53.30' N. lat., 160° 14.70' W. long. and 160° 20' W. long., and between Togiak Reef at 58° 59.62' N. lat., 160° 30.10' W. long. and a point near Mt. Aeolus at 58° 54.82' N. lat., 160° 44.06' W. long., no part of a set gillnet may be more than 500 feet from the mean high tide mark and the set gillnet must be substantially perpendicular to the shoreline.

(j) Picking salmon from a gillnet is considered to be a part of the fishing operation and shall be performed only by a fisherman who holds a crewmember fishing license or a valid interim-use or entry permit card.

(k) Repealed 3/26/76.

(l) Each fisherman shall operate or assist in operating only one type of gear at any one time.

(m) In the Naknek-Kvichak, Egegik, Ugashik, and Togiak Districts, no part of a set gillnet may be more than 1,000 feet from the 18-foot high tide mark, except that

(1) repealed 3/1/92;

(2) repealed 3/1/92;

(3) in the Egegik District, from one mile south of Big Creek to Big Creek, no part of a set gillnet may be more than 1,000 feet from the 18-foot high tide mark or 450 feet from the 13-foot high tide mark;

(4) in the Naknek Section of the Naknek-Kvichak District north of the terminus of the Naknek River,

(A) no more than one set gillnet may be seaward of another set gillnet; and

(B) no part of a set gillnet may be more than 1,200 feet from the 18-foot high tide mark;

(5) in the Kvichak Section of the Naknek-Kvichak District from Libbyville Dock to a point near Graveyard Point at 58° 52.10' N. lat., 157° 00.80' W. long. and from the unnamed creek on the northwest shore of Kvichak Bay at 58° 52.25' N. lat., 157° 06.75' W. long. north to a point on the northwest shore of Kvichak Bay at 58° 53.37' N. lat., 157° 04.26' W. long., the maximum distance that a set gillnet may be operated offshore is as follows:

(A) no part of a set gillnet may be more than 1,000 feet from the 18-foot high tide mark; or

(B) the web of the shoreward end of the set gillnet must go dry at the time of the opening;

(6) deleted;

(7) repealed 6/24/93;

(8) in the Ugashik District, in that portion of the east bank of the Ugashik River from a point at 57° 30.74' N. lat., 157° 24.10' W. long. to 57° 32.27' N. lat., 157° 24.36' W. long., no part of a set gillnet may be more than 800 feet from the 18-foot high tide mark.

(n) In the Nushagak District, and subject to (v) of this section, a CFEC salmon interim-use or entry permit holder may not set or operate a set gillnet seaward of set gillnets operated by another CFEC salmon interim-use or entry permit holder. In addition, no part of a set gillnet, anchor, peg, stake, buoy, or other device used to set the gillnet may be seaward of the following offshore locations:

(1) repealed 5/11/85;

(2) from the cannery dock at Clark's Point to a point onshore at 58° 50.10' N. lat., 158° 33.52' W. long., 600 feet from the mean high tide mark;

(3) from a point onshore at 58° 50.10' N. lat., 158° 33.52' W. long., to another point onshore at 58° 49.29' N. lat., 158° 33.10' W. long., 750 feet from the mean high tide mark;

(4) from a point onshore at 58° 49.29' N. lat., 158° 33.10' W. long., to Range Marker at 58° 47.929' N. lat., 158° 33.539' W. long., then to the following points offshore at 58° 47.572' N. lat., 158° 32.883' W. long., to 58° 47.447' N. lat., 158° 32.510' W. long., to 58° 47.232' N. lat., 158° 31.657' W. long., to First Creek at 58° 47.057' N. lat., 158° 30.743' W. long., approximately 600 feet from the mean high tide mark;

(5) from First Creek at 58° 47.057' N. lat., 158° 30.743' W. long., to 58° 46.991' N. lat., 158° 30.559' W. long., to 58° 46.866' N. lat., 158° 29.795' W. long., to Third Creek, at 58° 46.629' N. lat., 158° 28.155' W. long., approximately 800 feet from the mean high tide mark;

(6) from Third Creek at 58° 46.629' N. lat., 158° 28.155' W. long., to 58° 46.469' N. lat., 158° 27.054' W. long., to 58° 45.748' N. lat., 158° 24.570' W. long., to 58° 45.283' N. lat., 158° 23.470' W. long., to 58° 44.711' N. lat., 158° 22.545' W. long., to 58° 43.417' N. lat., 158° 21.171' W. long., to 58° 41.972' N. lat., 158° 20.579' W. long., to 58° 40.503' N. lat., 158° 20.270' W. long., to 58° 40.156' N. lat., 158° 20.444' W. long., to 58° 39.765' N. lat., 158° 20.273' W. long., to a point offshore of Etolin Point at 58° 39.299' N. lat., 158° 19.661' W. long., approximately 1,100 feet from the mean high tide mark.

(o) No salmon CFEC permit holder may set or operate a set gillnet seaward of set gillnets operated by another salmon CFEC permit holder in the following locations:

(1) Togiak, Nushagak, Ugashik, and Egegik Districts;

(2) the west side of the Kvichak Section;

(3) repealed 7/14/85;

(4) the east side of the Kvichak Section north of Happy Creek;

(5) the Naknek Section south of the terminus of the Naknek River.

(p) Setnet anchoring devices must be within the offshore distance requirements set out in (m) and (n) of this section, except as follows:

(1) in the Naknek Section north of the Naknek River, the anchoring device may not be more than 1,300 feet from the 18-foot high tide mark;

(2) in the Nushagak District where offshore restrictions are not in effect, the anchoring device may not be more than 50 feet from the web of the net.

(q) During the hours between sunset and sunrise, each gillnet must display a light. For drift gillnets, the light must be located at the end of the net furthest from the fishing vessel. For set gillnets, the light must be a blinking white light and must be located at the end of the net furthest from the shore.

(r) Notwithstanding 5 AAC 39.105(d)(3), in the Bristol Bay Area, a person may not operate a drift gillnet when the vessel to which it is attached is grounded, or when any part of the gillnet is grounded above the waterline.

(s) In the Bristol Bay Area, a person may not use mechanical power to hold a vessel in substantially the same geographical location while attached to a drift gillnet.

(t) A permit holder fishing in the Bristol Bay Area must report the loss of a gillnet, or portion of a gillnet, to the local department office in Dillingham or King Salmon within 15 hours of the loss of the gillnet, or portion of the gillnet. For the purposes of this subsection, the report must be made directly to a local representative of the department in person or by radio or telephone.

(u) Repealed 4/4/2013.

(v) The provisions of (n) of the section do not apply after May 31, 2026.

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 06.333 Requirements and specifications for use of 200 fathoms of drift gillnet in Bristol Bay {#sec-5-aac-06.333 omnilex-key=us-ak-regs-official--title-5--5 AAC 06.333}

(a) Two Bristol Bay drift gillnet CFEC permit holders may concurrently fish from the same vessel and jointly operate up to 200 fathoms of drift gillnet gear under this section, except

(1) in the Togiak District;

(2) in a special harvest area;

(3) repealed 6/21/2020.

(b) Before operating drift gillnet gear jointly under this section, both permit holders shall register with the department under 5 AAC 06.370 for the same district indicating the intent to jointly operate gear. The permit holders may not use a vessel for joint operations of drift gillnet gear unless that vessel is registered with the department under 5 AAC 06.370 for the same district as the permit holders. Termination of joint operation of drift gillnet gear under this section is not effective until at least one of the permit holders register the date and time of termination with the department in the manner specified for reregistration in 5 AAC 06.370(b).

(c) When two Bristol Bay drift gillnet CFEC permit holders fish from the same vessel and jointly operate a drift gillnet gear under this section, the vessel must display its ADF&G permanent license plate number followed by the letter "D" to identify the vessel as a dual permit vessel. The letter "D" must be removed or covered when the vessel is operating with only one drift gillnet CFEC permit holder on board the vessel. The identification number and letters must be displayed

(1) in letters and numerals 12 inches high with lines at least one inch wide;

(2) in a color that contrasts with the background;

(3) on both sides of the hull; and

(4) in a manner that is plainly visible at all times when the vessel is being operated.

(d) When two permit holders jointly operate gear under this section, each permit holder is responsible for ensuring that the entire unit of gear is operated in a lawful manner.

(e) Repealed 4/4/2013.

(f) Repealed 2/13/2005.

(g) Repealed 4/4/2013.

History

Authority: AS 16.05.251
Eff. 4/9/2004, Register 170; am 2/13/2005, Register 173; am 4/9/2010, Register 194; am 7/16/2011, Register 199; am 4/4/2013, Register 206; am 6/21/2020, Register 234

5 AAC 06.334 Identification of gear {#sec-5-aac-06.334 omnilex-key=us-ak-regs-official--title-5--5 AAC 06.334}

(a) Each drift gillnet in operation must have

(1) at each end, except an end attached to the vessel operating the gear, a red keg, buoy, or cluster of floats plainly and legibly marked with the permanent vessel license plate (ADF&G) number of the vessel operating the gear in permanent symbols at least four inches high with lines at least one-half inch wide in a color that contrasts with the background; and

(2) at least one cork every 10 fathoms along the cork line that is plainly and legibly marked with the permanent vessel license plate (ADF&G) number of the vessel operating the gear.

(b) Repealed 4/30/91.

(c) The operator of a set gillnet that employs an anchor, peg, stake, or other device to fasten the net at its outermost extremity shall mark the location of the device with a red buoy and a white buoy at all times from June 1 through August 31. From September 1 through September 30, the marking requirements need to be complied with only while the set gillnet is in operation. The buoys must be plainly and legibly marked with the operator's five-digit CFEC permit number. From the mouth of Pile Driver Creek at approximately 58° 54.00' N. lat., 158° 29.75' W. long., south to the cannery dock at Clark's Point, set gillnet anchoring devices do not need to be marked unless the set gillnet is in operation. Each set gillnet in operation must have at least one cork every 10 fathoms along the cork line that is plainly and legibly marked with the operator's five-digit CFEC permit number.

History

Authority: AS 16.05.251

5 AAC 06.335 Minimum distance between units of gear {#sec-5-aac-06.335 omnilex-key=us-ak-regs-official--title-5--5 AAC 06.335}

(a) In the Naknek-Kvichak, Egegik, Ugashik, and Togiak Districts, no part of a set gillnet may be set or operated within 300 feet of any part of another set gillnet. In the Nushagak District, no part of a set gillnet may be set or operated within 450 feet of any part of another set gillnet. The provisions of this subsection do not prohibit a CFEC permit holder from operating a set gillnet seaward of another set gillnet operated under the authority of the same CFEC permit.

(b) No part of a drift gillnet may be operated within 300 feet of the side of a set gillnet and within 100 feet of the offshore end of a set gillnet. The 100-foot restriction does not apply seaward of the offshore setnet distance restrictions set out in 5 AAC 06.331(m) and (n).

(c) In the Nushagak District, no part of a drift gillnet may be operated within 100 feet of the inshore end of a set gillnet, except that in the locations described in 5 AAC 06.331(n), no part of a drift gillnet may be operated inshore of a set gillnet.

History

Authority: AS 16.05.251

5 AAC 06.341 Vessel specifications and operations {#sec-5-aac-06.341 omnilex-key=us-ak-regs-official--title-5--5 AAC 06.341}

(a) No vessel registered for salmon net fishing may be more than 32 feet in overall length. An anchor roller may not extend more than eight inches beyond the 32-foot overall length, and any portion that extends beyond the 32-foot overall length may not be more than eight inches in width or height.

(b) For the purposes of this section,

(1) "anchor roller" means a device used solely in aid of deploying and retrieving anchor gear, and does not provide any additional flotation, planing surface, or structural support to the vessel;

(2) "fish drop-out basket" means a device used solely to prevent the loss of fish from a gillnet after the fish leaves the water and before it is brought on board the vessel; a "fish drop-out basket" does not provide any additional flotation, planing surface, or structural support to the vessel;

(3) "gillnet roller" means a device used solely in aid of deploying and retrieving drift gillnet gear; a "gillnet roller" does not provide any additional flotation or planing surface to the vessel;

(4) "outdrive" means part of the propulsion system of a vessel used for either steering or thrust; an "outdrive" does not provide any additional flotation or planing surface to the vessel;

(5) "outdrive guard" means a device of skeletal construction used solely to protect the outdrive unit of a vessel; an "outdrive guard" does not provide any additional flotation or planing surface and is not used for any other purpose such as a bench, platform, or storage area;

(6) "overall length" means the straight-line measurement between the extremities of the vessel, but does not include fish drop-out baskets, anchor rollers, gillnet rollers, trim tabs, outdrives, or outdrive guards;

(7) "trim tabs" means an extension of the bottom of a vessel, at the transom, which is no more than 18 inches long at its longest point; "trim tabs" do not provide any increased flotation, and their sole function is to provide trim to a vessel while underway.

History

Authority: AS 16.05.251

5 AAC 06.342 Vessel identification {#sec-5-aac-06.342 omnilex-key=us-ak-regs-official--title-5--5 AAC 06.342}

Repealed 4/18/86.

5 AAC 06.343 Vessel identification {#sec-5-aac-06.343 omnilex-key=us-ak-regs-official--title-5--5 AAC 06.343}

(a) In addition to the marking requirements in 5 AAC 39.119, a documented salmon gillnet fishing vessel registered for the Bristol Bay Area must display its name

(1) in permanent symbols at least six inches high and with lines at least one inch wide which contrast with the background;

(2) on the transom and both sides of the bow above the water line;

(3) in a manner that is plainly visible and unobscured; and

(4) at all times from June 1 through September 30.

(5) If the vessel is not documented, the vessel's permanent license plate ADF&G number must be displayed as described in (1) - (4) of this section.

(b) A CFEC permit holder who operates a salmon set gillnet vessel that is participating in the set gillnet fishery in salmon net gear Registration Area T, described in 5 AAC 39.120(d), and that has an overall length greater than 14 feet, must display the letters "SN" followed by the five-digit CFEC permit serial number of at least one permit holder who operates that vessel. A vessel marked under this subsection is not restricted to operation by the permit holder. The letters and numbers required under this subsection must be displayed

(1) in permanent letters and numerals 12 inches high with lines at least one inch wide;

(2) in a color that contrasts with the background;

(3) on both sides of the hull; and

(4) in a manner that is plainly visible at all times when the vessel is being operated for set gillnet fishing.

(c) The provisions of (b) of this section do not apply to a vessel participating in the set gillnet fishery that is in compliance with the marking requirements of 5 AAC 39.119 and (a) of this section.

History

Authority: AS 16.05.251
Eff. 4/2/88, Register 105; am 6/19/92, Register 122; am 4/9/2004, Register 170; am 4/4/2013, Register 206

5 AAC 06.350 Closed waters {#sec-5-aac-06.350 omnilex-key=us-ak-regs-official--title-5--5 AAC 06.350}

(a) The following locations in the Nushagak District are closed to the taking of salmon:

(1) those waters north of a line from 58° 58.63' N. lat., 158° 33.62' W. long., to 58° 56.79' N. lat., 158° 29.53' W. long., except that the commissioner may, by emergency order, open the Wood River Special Harvest Area as provided in 5 AAC 06.358;

(2) repealed 4/2/88;

(3) the Snake River Section;

(4) those waters of the Snake River upstream from a line across the river at 58° 52.80' N. lat.;

(5) those waters of the Igushik River upstream of a line from 58° 43.82' N. lat., 158° 52.77' W. long. to 58° 43.60' N. lat., 158° 54.06' W. long.

(b) The following locations in the Naknek-Kvichak District are closed to the taking of salmon:

(1) those waters northeast of a line from a point near Graveyard Point at 58° 52.10' N. lat., 157° 00.80' W. long., to a point on the northwest shore of Kvichak Bay at 58° 53.37' N. lat., 157° 04.26' W. long., except that the commissioner may, by emergency order, open the Alagnak River Sockeye Salmon Special Harvest Area as provided in 5 AAC 06.373 and the Kvichak River Sockeye Salmon Special Harvest Area as provided in 5 AAC 06.374;

(2) those waters of the Naknek River upstream of a line from an ADF&G regulatory marker located at 58° 43.55' N. lat., 157° 03.63' W. long. to an ADF&G regulatory marker located at 58° 42.43' N. lat., 157° 04.67' W. long.; however, the commissioner may open, by emergency order, waters of the Naknek River as provided in 5 AAC 06.360;

(3) by set gillnets along the southeast shore of the Naknek Section from the Naknek-Kvichak District boundary north to 58° 37.15' N. lat., 157° 15.30' W. long.

(1) those waters of the Egegik River upstream of a line from 58° 12.80' N. lat., 157° 17.04' W. long. to 58° 12.28' N. lat., 157° 18.53' W. long.;

(2) all waters of the King Salmon River upstream of a line from 58° 13.92' N. lat., 157° 20.76' W. long. to 58° 13.49' N. lat., 157° 19.48' W. long.;

(3) all waters of Big Creek upstream of a line from 58° 17.52' N. lat., 157° 32.16' W. long. to 58° 17.28' N. lat., 157° 31.91' W. long.

(d) The following locations in the Ugashik District are closed to the taking of salmon:

(1) those waters of the Ugashik River upstream of a line from 57° 30.19' N. lat., 157° 39.37' W. long. to 57° 29.83' N. lat., 157° 35.22' W. long., except that set gillnets may be used to take salmon along that portion of the east bank of the Ugashik River from a point at 57° 30.74' N. lat., 157° 24.10' W. long. to 57° 31.27' N. lat., 157° 24.36' W. long.;

(2) all waters of Dago Creek upstream of a line from 57° 36.70' N. lat., 157° 36.75' W. long. to 57° 36.53' N. lat., 157° 36.08' W. long.

(e) The following locations in the Togiak District are closed to the taking of salmon:

(1) those waters of the Togiak River upstream of a line from 59° 03.33' N. lat., 160° 20.08' W. long. to 59° 03.58' N. lat., 160° 22.60' W. long.;

(2) those waters of the Kulukak River upstream of a line from 58° 55.84' N. lat., 159° 43.42' W. long. to 58° 54.94' N. lat., 159° 43.81' W. long.;

(3) from June 1 through July 15, those waters of the Togiak District inside a line from 59° 03.19' N. lat., 160° 20.18' W. long. to 59° 01.76' N. lat., 160° 28.17' W. long. are closed to commercial fishing for salmon with a drift gillnet.

(f) Salmon may not be taken in any locations that are not described in 5 AAC 06.200, except as allowed in 5 AAC 06.330.

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 06.355 Bristol Bay Commercial Set and Drift Gillnet Sockeye Salmon Fisheries Management and Allocation Plan {#sec-5-aac-06.355 omnilex-key=us-ak-regs-official--title-5--5 AAC 06.355}

(a) The purpose of this management and allocation plan is to ensure an adequate escapement, as determined by the department, of sockeye salmon into the river systems of the Nushagak, Naknek-Kvichak, Egegik, and Ugashik Districts and to distribute, to the extent practicable, the harvestable surplus of sockeye salmon to the set and drift gillnet fisheries for the allocation percentages specified in (b) of this section. This plan also provides management guidelines to the department in an effort to preclude allocations conflicts between various users of this resource.

(b) It is the intent of the Board of Fisheries (board) that Bristol Bay sockeye salmon be harvested in the traditional harvest locations and that historical sockeye salmon catches be allocated between drift and set gillnet fisheries by district. To achieve this allocation, the department shall manage, to the extent practicable, the commercial sockeye salmon fisheries to achieve the allocation percentages established in 5 AAC 06.364 (Naknek-Kvichak District), 5 AAC 06.365 (Egegik District), 5 AAC 06.366 (Ugashik District), and 5 AAC 06.367 (Nushagak District).

(d) The department shall manage, subject to existing management plans, fishery openings, closures, and areas to

(1) achieve adequate escapement from all segments of the run by spacing openings throughout the run and, to the extent practicable, manage for escapements to fall within the lower or upper portions of escapement goals proportional to the run size based on the preseason forecast and inseason assessment of the run size;

(2) maintain and improve stock specific management through the use of district, subdistrict, and section openings and closures;

(3) distribute fish within individual districts and subdistricts through the spacing and duration of openings;

(4) reduce intensive boundary line fishing through the spacing and duration of openings;

(5) reduce harvest of stocks bound for other districts, subdistricts, or sections in accordance with specific regulatory management plans.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 5/14/98, Register 146; am 3/30/2007, Register 181; am 5/24/2015, Register 214

5 AAC 06.356 General District Salmon Management Plan {#sec-5-aac-06.356 omnilex-key=us-ak-regs-official--title-5--5 AAC 06.356}

(a) Repealed 3/30/2007.

(b) Repealed 3/30/2007.

(d) Repealed 3/30/2007.

(e) Repealed 3/30/2007.

(f) Repealed 3/30/2007.

(g) Repealed 3/30/2007.

(h) Repealed 3/30/2007.

(i) Repealed 3/30/2007.

History

Eff. 6/4/2004, Register 170; am 3/30/2007, Register 181

5 AAC 06.357 Ugashik River Sockeye Salmon Special Harvest Area Management Plan {#sec-5-aac-06.357 omnilex-key=us-ak-regs-official--title-5--5 AAC 06.357}

(a) The goal of this plan is to prevent the overescapement of sockeye salmon into the Ugashik River.

(b) The commissioner may open, by emergency order, the Ugashik River Special Harvest Area to fishing by both drift and set gillnet when the commissioner projects that the sockeye salmon escapement into the Ugashik River will exceed the minimum of the escapement goal range. Separate set gillnet and drift gillnet areas in the Ugashik River Special Harvest Area are described in (c) and (d) of this section.

(c) The Ugashik River Special Harvest Set Gillnet Area consists of all waters of the Ugashik River upstream of a line from 57° 29.62' N. lat., 157° 37.63' W. long. to 57° 29.83' N. lat., 157° 35.22' W. long., and downstream of a line from 57° 28.94' N. lat., 157° 34.56' W. long. to 57° 28.63' N. lat., 157° 35.24' W. long.

(d) The Ugashik River Special Harvest Drift Gillnet Area is all waters upstream of a line from 57° 28.63' N. lat., 157° 35.24' W. long. to 57° 28.94' N. lat., 157° 34.56' W. long., and downstream of a line from 57° 28.76' N. lat., 157° 29.65' W. long. to 57° 29.60' N. lat., 157° 29.75' W. long.

(e) When the Ugashik River Special Harvest Area is open under this section,

(1) set gillnet gear may be operated only as follows:

(A) a set gillnet may not exceed 25 fathoms in length;

(B) a set gillnet may not be set or operated within 150 feet of another set gillnet;

(D) no part of a set gillnet may be more than 500 feet from the 18-foot high tide mark;

(E) the shoreward end of a set gillnet must go dry at low tide;

(2) drift gillnets may be operated only as follows:

(A) no more than 50 fathoms of drift gillnet may be used to take salmon;

(B) a vessel may not have more than 150 fathoms of drift gillnet gear on board;

(3) a CFEC permit holder may not use more than one gillnet to take salmon at any one time.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 5/14/98, Register 146; am 6/3/2001, Register 158; am 12/29/2002, Register 164; am 4/4/2013, Register 206

5 AAC 06.358 Wood River Sockeye Salmon Special Harvest Area Management Plan {#sec-5-aac-06.358 omnilex-key=us-ak-regs-official--title-5--5 AAC 06.358}

(a) The goal of this plan is to achieve Nushagak River coho salmon spawning escapement, while providing opportunities to harvest Wood River sockeye salmon stocks that are in excess of spawning goals. It is the intent of the Board of Fisheries (board) that salmon in the Nushagak District should be harvested in the fisheries that have historically harvested them, including the methods, means, times, and locations of those fisheries, using the best biological management techniques and practices. This plan has been adopted to provide management alternatives that may be used by the department when differences in salmon run strengths would otherwise preclude the achievement of the goal of this plan.

(b) The Wood River Special Harvest Area consists of the waters of the Wood River between a line from Hansen Point at 59° 06.05' N. lat., 158° 29.30' W. long. to a point across from Hansen Point at 59° 06.29' N. lat., 158° 28.84' W. long. and upstream to a line from a point on the west shore of the Wood River downstream of the Muklung River at 59° 09.71' N.lat., 158° 32.61' W. long. to a point on the east shore of the Wood River downstream of the Muklung River at 59° 09.78' N. lat., 158° 31.99' W. long., and the waters between a line from a point on the west shore of the Wood River upstream of the Muklung River at 59° 11.03' N. lat., 158° 32.82' W. long. to a point on the east shore of the Wood River upstream of the Muklung River at 59° 11.08' N. lat., 158° 32.48' W. long. and upstream to a line from a point on the west shore of the Wood River downstream of Silver Salmon Creek at 59° 12.26' N. lat., 158° 33.34' W. long. to a point on the east shore of the Wood River downstream of Silver Salmon Creek at 59° 12.20' N. lat., 158° 33.12' W. long.

(1) when the department projects that the sockeye salmon escapement into the Wood River will exceed 700,000 fish and as follows:

(A) if the preseason forecast for the Nushagak River sockeye salmon run is at least 1,000,000 fish, the department shall manage the Nushagak District to exceed a minimum sustainable escapement goal of 370,000 sockeye salmon to the Nushagak River, and the commissioner may open the Wood River Special Harvest Area only when department projections indicate the Nushagak River sockeye salmon escapement will be less than 370,000 fish;

(B) if the preseason forecast for the Nushagak River sockeye salmon run is less than 1,000,000 fish and the ratio of Wood River to Nushagak River sockeye salmon is projected to be greater than three to one, the department shall manage the Nushagak District for an optimal escapement goal of at least 260,000 sockeye salmon to the Nushagak River, and the commissioner may open the Wood River Special Harvest Area only when department projections indicate the Nushagak River sockeye salmon escapement will be less than 260,000 fish;

(C) if the inseason forecast prepared by the department during the first week of July for the Nushagak River sockeye salmon run is at least 1,000,000 fish, the department shall manage the Nushagak District to exceed a minimum sustainable escapement goal of 370,000 sockeye salmon to the Nushagak River, and the commissioner may open the Wood River Special Harvest Area only when department projections indicate the Nushagak River sockeye salmon escapement will be less than 370,000 fish;

(D) if the inseason forecast prepared by the department during the first week of July for the Nushagak River sockeye salmon run is less than 1,000,000 fish, the department shall manage the Nushagak District for an optimal escapement goal of at least 260,000 sockeye salmon to the Nushagak River, and the commissioner may open the Wood River Special Harvest Area only when department projections indicate the Nushagak River sockeye salmon escapement will be less than 260,000 fish;

(2) when the escapement goal for Wood River sockeye salmon has been achieved and commercial fishing in the Nushagak Section of the Nushagak District is closed to conserve coho salmon in the Nushagak River as specified in 5 AAC 06.368(d);

(3) when the escapement of sockeye salmon into the Wood River exceeds 1,100,000 fish and the escapement is projected to exceed 1,400,000 fish;

(4) when the Nushagak District is open and restricted to a maximum gillnet mesh size of four and three-quarters inches for the conservation of Nushagak River sockeye salmon under 5 AAC 06.367(e), and to control escapement of sockeye salmon into the Wood River.

(d) When the Wood River Special Harvest Area is open under this section, the following apply within the open waters:

(1) set gillnets may be operated only as follows:

(A) a set gillnet may not exceed 25 fathoms in length;

(B) a set gillnet may not be set or operated within 250 feet of another set gillnet;

(C) all gear associated with set gillnet fishing must be removed when it is not being used to fish in the Wood River Special Harvest Area;

(D) set gillnet running lines may not be in the water during a drift gillnet fishing period;

(E) 5 AAC 06.331(i), (n), (o), and (p) do not apply except that the anchoring device may not be more than 50 feet from the web of the net;

(F) a set gillnet may be set and operated seaward of another set gillnet.

(2) drift gillnets may be operated only as follows:

(A) no more than 75 fathoms of drift gillnet may be used to take salmon;

(B) a person may not have more than 200 fathoms of drift gillnet on board a vessel;

(3) notwithstanding 5 AAC 39.240, a person operating a commercial salmon fishing vessel in the Wood River Sockeye Salmon Special Harvest Area may carry additional drift or set gillnet gear on board the fishing vessel if the additional gear is stored in a net bag or in a brailer bag; for the purposes of this paragraph, "brailer bag" means a bag-shaped net on board a drift gillnet vessel used to lift fish from the hold of the vessel into a tender vessel, processing vessel, or processing facility;

(4) except as specified in (5) of this subsection, when the Wood River Special Harvest Area is open, the drift gillnet and set gillnet fisheries will open separately, with a seasonal ratio of three drift gillnet gear fishing periods to every one set gillnet fishing period;

(5) when the Wood River Special Harvest Area is open under (c)(3) of this section, the Wood River Special Harvest Area will be only open for the gear group that is behind in the allocation specified in 5 AAC 06.367(b) for the Nushagak District.

(e) The commercial salmon fishery in the Wood River Special Harvest Area may be opened only during closures of the subsistence salmon fisheries within the Wood River Special Harvest Area.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 5/24/96, Register 138; am 5/14/98, Register 146; am 6/23/99, Register 150; am 6/22/2001, Register 158; am 12/29/2002, Register 164; am 4/9/2010, Register 194; am 4/4/2013, Register 206; am 6/26/2016, Register 218; am 5/31/2019, Register 230

5 AAC 06.359 Egegik River Sockeye Salmon Special Harvest Area Management Plan {#sec-5-aac-06.359 omnilex-key=us-ak-regs-official--title-5--5 AAC 06.359}

(a) The goal of this plan is to minimize the interception of sockeye salmon migrating through the Egegik District and bound for spawning systems within the Naknek-Kvichak and Ugashik Districts, while providing opportunities within the Egegik District to harvest Egegik River sockeye salmon that are in excess of the spawning escapement goal.

(b) The Egegik Special Harvest Area consists of the waters south of a line between 58° 18.05' N. lat., 157° 33.15' W. long. and 58° 17.93' N. lat., 157° 32.67' W. long., east of a line between 58° 18.05' N. lat., 157° 33.15' W. long. and 58° 09.91' N. lat., 157° 34.55' W. long., and north of a line between 58° 09.91' N. lat., 157° 34.55' W. long. and 58° 09.44' N. lat., 157° 32.97' W. long. Unless otherwise specified in this section, the applicable provisions in 5 AAC 06.001 - 5 AAC 06.380 apply to the Egegik Special Harvest Area.

(c) The commissioner may close, by emergency order, that portion of the Egegik District bounded by a line from 58° 19.10' N. lat., 157° 36.65' W. long. to 58° 18.05' N. lat., 157° 33.15' W. long. to 58° 09.91' N. lat. 157° 34.55' W. long. to 58° 11.00' N. lat., 157° 38.10' W. long. to 58° 19.10' N. lat., 157° 36.65' W. long. if

(1) the Naknek-Kvichak or Ugashik District is closed to fishing because the total season escapement is projected to be below the lower end of the escapement goal range;

(2) all conservation measures have been taken within the district where the escapement is projected to be below the lower end of the escapement goal range; and

(3) interceptions of Naknek, Kvichak, or Ugashik sockeye stocks within the Egegik District have been documented by past studies and inseason indicators.

(d) If a district closed under (c)(1) of this section is reopened to fishing, the commissioner shall reopen that portion of the Egegik District that was closed under (c) of this section.

(e) The department shall attempt to issue an emergency order under this section at least 48 hours before the effective time of the opening or closing.

(f) If the midpoint of the escapement goal range is achieved in the Egegik District and the district boundary line has been moved into the Egegik Special Harvest Area, the 48-hour transfer notification period remains in effect for the Egegik District.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 4/9/95, Register 134; am 6/3/2001, Register 158; am 6/22/2001, Register 158; am 4/9/2004, Register 170

5 AAC 06.360 Naknek River Sockeye Salmon Special Harvest Area Management Plan {#sec-5-aac-06.360 omnilex-key=us-ak-regs-official--title-5--5 AAC 06.360}

(a) The goal of this plan is to achieve Kvichak River sockeye salmon spawning escapement goals, while providing opportunities to harvest Naknek River salmon stocks that are in excess of spawning goals. It is the intent of the Board of Fisheries that salmon in the Naknek-Kvichak District should be harvested in the fisheries that have historically harvested them, including the methods, means, times, and locations of those fisheries, using the best biological management techniques and practices. This plan has been adopted to provide management alternatives that can be used by the department when differences in salmon run strengths would preclude the achievement of the goal of this plan using only the fisheries that have historically harvested those salmon.

(b) The Naknek River Special Harvest Area (NRSHA) consists of the waters of the Naknek River from a line between two points located at 58° 43.37' N. lat., 157° 03.17' W. long. and at 58° 42.67' N. lat., 157° 03.44' W. long. upstream to the power lines across the river.

(c) On or after June 27, when the department projects that the sockeye salmon escapement into the Naknek River will exceed 800,000 fish and the Kvichak River escapement projection is one or more days behind schedule for reaching its escapement goal, the commissioner may open, by emergency order, the NRSHA to the drift gillnet and set gillnet fisheries. The drift gillnet and set gillnet fisheries will open separately, with a seasonal ratio of three drift gillnet gear fishing periods to every one set gillnet fishing period.

(d) The following provisions apply to set gillnet fishing in the NRSHA:

(1) no more than 37.5 fathoms of set gillnet may be used to take salmon;

(2) a set gillnet may not be set or operated within 150 feet of another set gillnet;

(3) beyond 500 feet from shore, all gear associated with set gillnet fishing must be removed when it is not being used to fish in the NRSHA;

(4) repealed 4/4/2013;

(5) set gillnet running lines may not be in the water during a drift gillnet fishing period;

(6) repealed 8/14/2006;

(7) 5 AAC 06.331(i), (m), (o), and (p) do not apply except that the anchoring device may not be more than 50 feet from the web of the net;

(8) a set gillnet may be set and operated seaward of another set gillnet.

(e) The following provisions apply to drift gillnet fishing in the NRSHA:

(1) no more than 75 fathoms of drift gillnet may be used to take salmon;

(2) a CFEC permit holder may not use more than one gillnet to take salmon at any time;

(3) a vessel may not have more than 150 fathoms of drift gillnet or 75 fathoms of set gillnet on board the vessel;

(4) a drift gillnet may not be operated shoreward of the offshore end of a set gillnet; and

(5) no part of a drift gillnet may be operated within 150 feet of the side of a set gillnet.

(f) When the NRSHA is open to commercial fishing, the department shall manage the fishery, to the extent practicable, for an optimal escapement goal of 800,000 - 2,000,000 salmon.

(g) After July 17, when the Naknek-Kvichak District is open to commercial fishing in the NRSHA, the commissioner may establish, by emergency order, new fishing periods other than the periods specified in 5 AAC 06.320(c)(2), during which the requirements for reregistration and the 48-hour transfer notification period specified in 5 AAC 06.370 will apply.

(h) If the preseason forecast for the Kvichak River sockeye salmon is less than 30 percent above the minimum biological escapement goal, the commissioner may, by emergency order, open the NRSHA to the drift gillnet and set gillnet fisheries.

(i) The commissioner may, by emergency order, open the NRSHA when the Naknek River escapement exceeds the mid-point of the escapement goal range and is projected to exceed the upper end of the escapement goal range; in the event of an emergency opening of the NRSHA

(1) fishing periods may open concurrently with fishing periods in the Naknek Section and the Naknek-Kvichak District, except that drift gillnet fishing periods may close one hour before high tide;

(2) fish harvested in the NRSHA shall be delivered before fishing the Naknek Section or the Naknek-Kvichak District; and

(3) fish harvested in the Naknek Section or the Naknek-Kvichak District shall be delivered before fishing in the NRSHA.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 4/18/86, Register 98; am 5/21/87, Register 102; am 6/19/92, Register 122; am 4/9/95, Register 134; am 5/14/98, Register 146; am 6/3/2001, Register 158; am 4/9/2004, Register 170; am 4/21/2004, Register 170; am 5/26/2006, Register 178; am 8/14/2006, Register 179; am 3/30/2007, Register 181; am 4/9/2010, Register 194; am 4/4/2013, Register 206; am 5/31/2019, Register 230; am 9/24/2021, Register 239; am 4/16/2023, Register 246

5 AAC 06.361 Nushagak-Mulchatna King Salmon Management Plan {#sec-5-aac-06.361 omnilex-key=us-ak-regs-official--title-5--5 AAC 06.361}

(a) The purpose of this management plan is to ensure biological spawning escapement requirements of king salmon into the Nushagak-Mulchatna river systems. It is the intent of the Alaska Board of Fisheries (board) that Nushagak-Mulchatna king salmon be harvested in the fisheries that have historically harvested them. This management plan provides guidelines to the department to preclude allocation conflicts between the various users of this resource. The department shall manage Nushagak-Mulchatna king salmon stocks in a conservative manner consistent with sustained yield principles and the subsistence priority. Additionally, the department shall manage the Nushagak fisheries for the following management measures:

(1) to provide consistent sport fishing opportunity within and among seasons, including a level of inriver abundance as a given year's run timing allows, and a predictably open season;

(2) to provide a directed commercial king salmon fishery when surplus is available;

(3) to minimize disruptions to the commercial sockeye salmon fishery;

(4) to provide reasonable opportunity for subsistence harvest of king salmon;

(5) to ensure the subsistence fishery is the last fishery restricted or closed;

(6) to achieve escapement goals for all species in the district;

(7) to maintain a representation of age classes in the escapement similar to the run.

(b) The department shall manage the commercial and sport fisheries in the Nushagak District as follows:

(1) to achieve an inriver goal of 95,000 king salmon present in the Nushagak River upstream from the department sonar counter; the inriver goal provides for

(A) a biological escapement goal of 55,000 - 120,000 fish;

(B) reasonable opportunity for subsistence harvest of king salmon; and

(2) in order to maintain a natural representation of age classes in the escapement, the department shall attempt to schedule commercial openings to provide pulses of fish into the river that have not been subject to harvest by commercial gear;

(3) the department may close the commercial drift or set gillnet fishery if the harvest in the directed commercial king salmon fishery for either gear group is more than two sockeye salmon for every one king salmon;

(4) consistent with 5 AAC 06.367 (Nushagak District Commercial Set and Drift Gillnet Sockeye Salmon Fisheries Management and Allocation Plan), to conserve king salmon the department shall manage for sockeye escapements in the Nushagak District to fall within

(A) the lower half of each river's sockeye salmon escapement goal range when the Wood River sockeye salmon run is 5,000,000 fish or less and the Nushagak sockeye salmon run is 2,500,000 fish or less; or

(B) the upper half of each river's sockeye salmon escapement goal range when the Wood River sockeye salmon run is greater than 5,000,000 fish or the Nushagak sockeye salmon run is greater than 2,500,000 fish based on the preseason forecast and inseason assessment of run size;

(5) beginning June 25, the department shall consider when evaluating the total run of sockeye salmon to the Nushagak District all possible data sources including the preseason forecast, Port Moller test fishery indices, including stock and age composition, total catch and effort to date, age composition of catch and effort data, and district test fishing;

(6) from June 1 through June 30, the department shall, in an attempt to conserve king salmon and to the extent practicable, conduct a gillnet test fishery to assess the abundance of sockeye and king salmon before opening by emergency order a fishing period directed at sockeye salmon.

(c) If the total inriver king salmon return in the Nushagak River is projected to exceed 95,000 fish, the guideline harvest level described in (b)(1)(C) of this section does not apply and the department shall consider opening a directed commercial king salmon fishery.

(d) If the spawning escapement of king salmon in the Nushagak River is projected to be more than 55,000 fish and the projected inriver return is less than 95,000 fish, the commissioner

(1) shall close, by emergency order, the directed king salmon commercial fishery in the Nushagak District; during a closure under this paragraph, the use of a commercial gillnet with webbing larger than five and one-half inches in another commercial salmon fishery is prohibited;

(2) repealed 5/31/2019;

(3) repealed 5/31/2019.

(e) If the spawning escapement of king salmon in the Nushagak River is projected to be less than 55,000 fish, the commissioner

(1) shall close, by emergency order, the sockeye salmon commercial fishery in the Nushagak District until the projected sockeye salmon escapement into the Wood River exceeds 100,000 fish;

(2) shall restrict to catch-and-release, by emergency order, the sport fishery directed for king salmon in the Nushagak River and prohibit the use of bait for fishing for all species of fish until the end of the king salmon season specified in 5 AAC 67.020 and 5 AAC 67.022(g); and

(3) may establish, by emergency order, fishing periods during which the time or area is reduced for the inriver king salmon subsistence fishery in the Nushagak River.

(f) Notwithstanding 5 AAC 06.200, in a directed king salmon commercial fishery, the southern boundary of the Nushagak District is a line from an ADF&G regulatory marker located at Etolin Point at 58° 39.37' N. lat., 158° 19.31' W. long., to 58° 33.92' N. lat., 158° 24.94' W. long. to Protection Point at 58° 29.27' N. lat., 158° 41.78' W. long.

(g) During a directed king salmon commercial fishery in the Nushagak District, drift gillnet and set gillnet fishing periods will be of equal length, but do not have to be open concurrently.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 6/19/92, Register 122; am 4/9/95, Register 134; am 5/14/98, Register 146; am 6/3/2001, Register 158; am 7/8/2001, Register 159; am 4/9/2004, Register 170; am 3/30/2007, Register 181; am 4/4/2013, Register 206; am 8/27/2016, Register 219; am 5/31/2019, Register 230; am 6/25/2023, Register 246

5 AAC 06.362 Kvichak Section Set Gillnet Allocation Plan {#sec-5-aac-06.362 omnilex-key=us-ak-regs-official--title-5--5 AAC 06.362}

Repealed.

History

Eff. 6/24/93, Register 126; am 4/9/95, Register 134; repealed 5/14/98, Register 146

5 AAC 06.363 Naknek Section Set Gillnet Allocation Plan {#sec-5-aac-06.363 omnilex-key=us-ak-regs-official--title-5--5 AAC 06.363}

Repealed.

History

Eff. 5/24/96, Register 138; repealed 5/14/98, Register 146

5 AAC 06.364 Naknek-Kvichak District Commercial Set and Drift Gillnet Sockeye Salmon Fisheries Management and Allocation Plan {#sec-5-aac-06.364 omnilex-key=us-ak-regs-official--title-5--5 AAC 06.364}

(a) The purpose of this management plan is to establish the allocation of sockeye salmon between the commercial set and drift gillnet fisheries within the Naknek-Kvichak District and to establish management measures for the department to achieve the allocation.

(b) Consistent with 5 AAC 06.355 and other applicable provisions of this chapter, the department shall manage the Naknek-Kvichak District set and drift gillnet fisheries during the fishing periods specified in 5 AAC 06.320(c)(1) to achieve biological escapement goals into the Kvichak and Naknek River systems and to distribute the harvestable surplus of sockeye salmon to the drift and set gillnet fisheries as follows:

(1) drift gillnet - 84 percent; and

(2) set gillnet - 16 percent as follows:

(A) Kvichak Section set gillnet fishery - eight percent; and

(B) Naknek Section set gillnet fishery - eight percent;

(3) repealed 3/30/2007.

(c) For the purpose of calculating the set and drift gillnet allocation percentages specified in (b) of this section, the accounting period is from June 1 through 9:00 a.m. July 17.

(d) To achieve the allocations specified in (b) of this section, consistent with the management principles of 5 AAC 06.355 and other applicable provisions of this chapter, the commissioner

(1) may establish, by emergency order, concurrent set and drift gillnet open fishing periods; set and drift gillnet fishing periods may be established at different times to obtain the set and drift gillnet sockeye salmon allocations specified in (b) of this section or at other times consistent with 5 AAC 06.355;

(2) may commence the concurrent open fishing periods at the seven foot tide level;

(3) may use short open commercial fishing periods so that all user groups have the opportunity to harvest fish;

(4) may address changing conditions using publicized short notice openings.

(e) To ensure adequate Kvichak River sockeye salmon spawning escapement goals, the department shall manage, to the extent practicable, a fishery in the Naknek Section to minimize fishing with set and drift gillnet gear during the ebb tide.

(f) For the conservation of king salmon, the department shall, to the extent practicable, open and close commercial fishing periods for drift gillnet gear in the Naknek-Kvichak District to occur only between the seven-foot flood and seven-foot ebb tide stages, as measured at the mouth of the Naknek River.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 5/14/98, Register 146; am 4/9/2004, Register 170; am 3/30/2007, Register 181; am 4/4/2013, Register 206

5 AAC 06.365 Egegik District Commercial Set and Drift Gillnet Sockeye Salmon Fisheries Management and Allocation Plan {#sec-5-aac-06.365 omnilex-key=us-ak-regs-official--title-5--5 AAC 06.365}

(a) The purpose of this management plan is to establish the allocation of sockeye salmon between the commercial set and drift gillnet fisheries within the Egegik District and to establish management measures for the department to achieve the allocation.

(b) Consistent with 5 AAC 06.355 and other applicable provisions of this chapter, the department shall manage the Egegik District set and drift gillnet fisheries during the fishing periods specified in 5 AAC 06.320(c)(1) to achieve biological escapement goals into the Egegik River and to distribute the harvestable surplus of sockeye salmon to the drift and set gillnet fisheries as follows:

(1) drift gillnet - 86 percent; and

(2) set gillnet - 14 percent.

(c) For the purpose of calculating the set and drift gillnet allocation percentages specified in (b) of this section, the accounting period is from June 1 through 9:00 a.m. July 17.

(d) To achieve the allocations specified in (b) of this section, consistent with the management principles of 5 AAC 06.355 and other applicable provisions of this chapter, the commissioner

(1) may establish, by emergency order, set and drift gillnet open fishing periods; set and drift gillnet fishing periods may be established at different times to obtain the set and drift gillnet sockeye salmon allocations specified in (b) of this section or at other times consistent with 5 AAC 06.355;

(2) may use short open commercial fishing periods so that all user groups have the opportunity to harvest fish;

(3) may adjust fishing periods in order to rotate the fishery between tides;

(4) address changing conditions using publicized short notice openings.

(e) From June 1 through July 1, only gillnets with a mesh size five and one-half inches or less may be used in the Egegik District.

(f) In the drift gillnet fishery, the department shall manage, to the extent practicable, the Egegik District to minimize fishing with drift gillnet gear during the ebb tide.

(g) Repealed 4/16/2023.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 6/10/90, Register 114; am 3/1/92, Register 122; am 6/19/92, Register 122; am 5/14/98, Register 146; am 6/3/2001, Register 158; am 4/16/2023, Register 246

5 AAC 06.366 Ugashik District Set and Drift Gillnet Sockeye Salmon Fisheries Management and Allocation Plan {#sec-5-aac-06.366 omnilex-key=us-ak-regs-official--title-5--5 AAC 06.366}

(a) The purpose of this management plan is to establish the allocation of sockeye salmon between the commercial set and drift gillnet fisheries within the Ugashik District and to establish management measures for the department to achieve the allocation.

(b) Consistent with 5 AAC 06.355 and other applicable provisions of this chapter, the department shall manage the Ugashik District set and drift gillnet fisheries during the fishing periods specified in 5 AAC 06.320(c)(1) to achieve biological escapement goals into the Ugashik River and to distribute the harvestable surplus of sockeye salmon to the drift and set gillnet fisheries as follows:

(1) drift gillnet - 90 percent; and

(2) set gillnet - 10 percent.

(c) For the purpose of calculating the set and drift gillnet allocation percentages specified in (b) of this section, the accounting period is from June 1 through 9:00 a.m. July 17, or at the end of any emergency order period specified in (d)(4) of this section.

(d) To achieve the allocations specified in (b) of this section, consistent with the management principles of 5 AAC 06.355 and other applicable provisions of this chapter, the commissioner

(2) may use short open commercial fishing periods so that all user groups have the opportunity to harvest fish;

(3) address changing conditions using publicized short notice openings;

(4) after July 17, may establish, by emergency order, fishing periods other than the fishing periods specified in 5 AAC 06.320(c)(2) during which the registration, reregistration, and the 48-hour notification period specified in 5 AAC 06.370 will apply.

(e) If escapement in the Ugashik District is projected to exceed the minimum of the escapement goal range, the fishery may be allowed into the Ugashik River Special Harvest Area described in 5 AAC 06.357.

(f) When the preseason forecast for the Kvichak River sockeye salmon run does not provide for an exploitation rate of greater than 40 percent it is the intent of the Board of Fisheries that

(1) from June 16 through June 23, the department may not allow more than 48 hours of fishing in the Ugashik District; and

(2) when the Naknek River Special Harvest Plan under 5 AAC 06.360 is also in effect, the Ugashik District boundary will consist of all waters south of a line between 57° 43.54' N. lat., 157° 43.25' W. long. and 57° 43.54' N. lat., 157° 41.82' W. long., and east of a line between 57° 43.54' N. lat., 157° 43.25' W. long. and 57° 29.10' N. lat., 157° 53.20' W. long. until June 29; on June 29 the Ugashik boundary will be restored to its original boundary specified in 5 AAC 06.200(d).

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 6/10/90, Register 114; am 3/1/92, Register 122; am 6/19/92, Register 122; am 5/14/98, Register 146; am 6/3/2001, Register 158; am 9/12/2008, Register 187; am 4/16/2023, Register 246; am 7/28/2023, Register 247

5 AAC 06.367 Nushagak District Commercial Set and Drift Gillnet Sockeye Salmon Fisheries Management and Allocation Plan {#sec-5-aac-06.367 omnilex-key=us-ak-regs-official--title-5--5 AAC 06.367}

(a) The purpose of this management plan is to establish the allocation of sockeye salmon between the commercial set and drift gillnet fisheries within the Nushagak District and to establish management measures for the department to achieve the allocation.

(b) Consistent with 5 AAC 06.355 and other applicable provisions of this chapter, the department shall manage the Nushagak District set and drift gillnet fisheries during the fishing periods specified in 5 AAC 06.320(b)(1) to achieve biological escapement goals into river systems of the Nushagak District and to distribute the harvestable surplus of sockeye salmon to the drift and set gillnet fisheries as follows:

(1) drift gillnet - 74 percent; and

(2) set gillnet - 26 percent as follows:

(A) Igushik Section set gillnet fishery - six percent; and

(B) Nushagak Section set gillnet fishery - 20 percent;

(3) repealed 4/4/2013.

(c) For the purpose of calculating the set and drift gillnet allocation percentages specified in (b) of this section, the accounting period is from June 1 through July 17.

(d) To achieve the allocations specified in (b) of this section, consistent with the management principles of 5 AAC 06.355 and other applicable provisions of this chapter, the commissioner

(1) may open, by emergency order, concurrent fishing periods and set gillnet only fishing periods at approximately two and one-half to three hours before high water, except that when a tide is greater than 18 feet, openings will begin at least three hours before high water; set and drift gillnet fishing periods may be established at different times to obtain the set and drift gillnet sockeye salmon allocations specified in (b) of this section or at other times consistent with 5 AAC 06.355;

(2) may use short open commercial fishing periods so that all user groups have the opportunity to harvest fish;

(3) may address changing conditions using publicized short notice openings.

(e) If the commissioner determines it necessary for the protection of sockeye salmon, the commissioner may open, by emergency order, fishing periods in the Nushagak District during which gillnet mesh size may not exceed four and three-quarters inches.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 6/10/90, Register 114; am 3/1/92, Register 122; am 6/19/92, Register 122; am 5/14/98, Register 146; am 7/5/2000, Register 155; am 4/4/2013, Register 206

5 AAC 06.368 Nushagak River Coho Salmon Management Plan {#sec-5-aac-06.368 omnilex-key=us-ak-regs-official--title-5--5 AAC 06.368}

(a) The purpose of this management plan is to provide guidelines to ensure an adequate spawning escapement of coho salmon into the Nushagak River system. It is the intent of the Board of Fisheries (board) that Nushagak coho salmon be harvested by the fisheries that have historically harvested them. The plan in this section provides management guidelines to the department in an effort to preclude allocation conflicts between various users of this resource. The department shall manage coho salmon stocks in a conservative manner consistent with sustained yield principles and the subsistence priority.

(b) The department shall manage the commercial fishery in the Nushagak District to achieve an inriver run goal of 70,000 - 130,000 coho salmon present in the Nushagak River upstream from the department sonar counter located near the village of Portage Creek by August 25. The inriver goal provides for

(1) the department's sustainable escapement goal of 60,000 - 120,000 coho salmon upstream from the sonar counter by August 25;

(2) a reasonable opportunity for subsistence harvest of coho salmon; and

(3) a daily bag and possession limit of five coho salmon, and a guideline harvest level of 2,000 fish in the sport fishery; the sport fishery guideline harvest level of 2,000 fish does not apply if the total inriver coho salmon return is projected to be greater than 120,000 fish by August 25; the department shall manage the sport fishery to ensure that the sustainable escapement goal of 60,000 - 120,000 coho salmon is achieved.

(c) If the total inriver coho salmon return in the Nushagak River is projected by the department to be less than 120,000 but at least 70,000 fish by August 25, the commissioner shall close, by emergency order, the directed coho salmon commercial fishery in the Nushagak District by August 1; and

(1) repealed 4/16/2016;

(2) the commissioner may restrict, by emergency order, the coho salmon sport fishery in the Nushagak River drainage upstream from the department sonar counter located near the village of Portage Creek so that the harvest does not exceed 2,000 coho salmon by one or more of the following:

(A) reduce the bag and possession limit;

(B) prohibit the use of bait;

(D) restrict terminal tackle to single-hook artificial lures; and

(E) allow catch-and-release fishing only;

(3) it is the intent of the board that the lower the projected inriver coho salmon return is, the more restrictive that management measures will be in the sport and commercial fisheries under this section.

(d) If the total inriver coho salmon return in the Nushagak River is projected by the department to be less than 70,000 fish and the number of spawners is projected to be more than 60,000 fish on August 25, the commissioner shall

(1) close, by emergency order, the directed commercial fishery no later than August 1;

(2) close, by emergency order, the coho salmon sport fishery in the Nushagak River drainage; and

(3) restrict the coho salmon subsistence fishery in the Nushagak River drainage by establishing periods by emergency order, during which

(A) coho salmon may be taken only from

(i) 9:00 a.m. Monday to 9:00 a.m. Tuesday;

(ii) 9:00 a.m. Wednesday to 9:00 a.m. Thursday; and

(iii) 9:00 a.m. Friday to 9:00 a.m. Saturday; and

(B) set gillnets may not be more than 10 fathoms in length.

(e) If the number of coho salmon spawners in the Nushagak River is projected by the department to be less than 60,000 fish by August 25, the department shall close the subsistence, commercial, and sport fisheries.

History

Authority: AS 16.05.060; AS 16.05.251; AS 16.05.258
Eff. 5/24/96, Register 138; am 4/16/2016, Register 218

5 AAC 06.369 Togiak District Salmon Management Plan {#sec-5-aac-06.369 omnilex-key=us-ak-regs-official--title-5--5 AAC 06.369}

(a) The department shall manage the commercial salmon fishery in the Togiak District in accordance with the guidelines set out in this management plan. The goal of this plan is to ensure adequate spawning and harvest objectives for sockeye, coho, and king salmon stocks returning to the Togiak District. It is the intent of the Board of Fisheries (board) that Togiak District salmon stocks be harvested in the fisheries that have historically harvested them. The department shall manage the Togiak District salmon stocks in a conservative manner consistent with sustained yield principles and the subsistence priority.

(b) The department shall manage the commercial fishery in the Togiak River Section of the Togiak District to achieve adequate escapement from all segments of the run by spacing openings throughout the run and, to the extent practicable, manage for escapements within the lower or upper portions of escapement goals proportional to the run size based on the preseason forecast and inseason assessment of the run size.

(1) from 9:00 a.m. June 1 to 9:00 a.m. September 30, salmon may be taken in the Togiak District during fishing periods established under 5 AAC 06.320, except that in the Togiak River Section of the Togiak District, from July 1 through July 16, the weekly fishing periods shall be 9:00 a.m. Monday to 9:00 p.m. Saturday;

(2) the commissioner may reduce, by emergency order, fishing periods if information sources indicate a lack of spawning escapement; information sources may include such factors as observations by local elders, fish caught and observed in subsistence nets, sonar counts, counting tower counts, creel counts, test fisheries, daily monitoring, and aerial surveys;

(3) the commissioner may increase, by emergency order, the fishing periods in the Togiak River Section of the Togiak District by a maximum of 48 hours each week, in addition to the normal weekly schedule, if the commissioner determines that sockeye salmon run strength warrants additional fishing time.

(d) From 9:00 a.m. June 15 to 9:00 a.m. July 15, only gillnets with a mesh size of five and one-half inches or less will be allowed in the Togiak District under this section. If the commissioner determines that the king salmon run strength is adequate to sustain a directed king salmon fishery, the commissioner may close, by emergency order, the commercial salmon fishing season and immediately reopen that season during which there is no mesh size restriction for set gillnets.

History

Authority: AS 16.05.060; AS 16.05.251; AS 16.05.258
Eff. 5/24/96, Register 138; am 12/1/2004, Register 172; am 4/16/2016, Register 218

5 AAC 06.370 Registration and reregistration {#sec-5-aac-06.370 omnilex-key=us-ak-regs-official--title-5--5 AAC 06.370}

(a) Before taking salmon in the Bristol Bay Area, a CFEC salmon drift gillnet permit holder shall register for a district described in 5 AAC 06.200. Before taking salmon in the Nushagak District, a CFEC salmon set gillnet permit holder shall register for a statistical area described in (l) of this section. A CFEC salmon drift gillnet permit holder also shall register for the same district the drift gillnet vessel that the permit holder will be operating. For the purposes of this section, a CFEC salmon drift gillnet permit holder and a drift gillnet vessel may be registered in only one district at a time and a CFEC salmon set gillnet permit holder in the Nushagak District may be registered in only one statistical area at a time. Initial district registration and statistical area registration is accomplished by completing a registration form provided by the department and returning the completed form to the department office in Dillingham or King Salmon or electronically on the department's website.

(b) Except when fishing as a crewmember, a CFEC salmon drift gillnet permit holder intending to transfer to and fish in a new district for which the permit holder is not registered shall register the permit holder and the vessel that the permit holder will use to take salmon for the new district at least 48 hours before fishing in the new district. Reregistration is accomplished by the permit holder or the permit holder's authorized agent completing a form provided by the department and submitting the completed form to a local representative of the department in person or electronically on the department's Internet website. The 48-hour district transfer notification period starts when the reregistration form is signed by the local representative of the department or when the permit holder receives the computerized acceptance notification. The drift gillnet permit holder and the drift gillnet vessel may not fish in the original district during the 48-hour notification period. The notification period may be reduced by commissioner's announcement. District reregistration is not required after 9:00 a.m. July 17, except in the Ugashik District, as set out under 5 AAC 06.366(d)(4), the Naknek-Kvichak District, as set out under 5 AAC 06.360(g) and 5 AAC 06.374(g), and the Egegik District, as set out under 5 AAC 06.359(f).

(c) After use of either drift gillnet or set gillnet gear, use of the other type of gear is not permitted until 24 hours, or a reduced period specified by commissioner's announcement, have elapsed following notification to the department of the type of gear intended to be used. After 9:00 a.m. July 17, changing to either drift gillnet or set gillnet gear may be done without notification to the department of the type of gear intended to be used.

(d) Notification of a change in gear types may be made with the local representative of the department, and may be accomplished in person or by radio or through a designated representative of the fisherman. However, the 24-hour notification period, or a reduced period specified by commissioner's announcement, does not begin before the time that notification is received and noted by the department.

(e) Repealed 5/14/98.

(f) Except in the Ugashik District, as specified in 5 AAC 06.366(d)(4), the Naknek-Kvichak District, as specified in 5 AAC 06.360(g), and the Egegik District, as specified in 5 AAC 06.359(f), the commissioner shall waive, by announcement, the 48-hour district transfer notification period required by this section when the midpoint of the escapement goal range for sockeye salmon has been achieved for that district.

(g) Repealed 1/29/72.

(h) From June 1 through September 30, an Area T CFEC salmon permit holder may use, to take salmon, only the vessel identified on the permit, unless the permit holder has registered, in person, at the department's King Salmon or Dillingham offices, to use another vessel. An Area T CFEC salmon permit holder on board an unregistered vessel is presumed to have been responsible for the salmon fishing operations of that vessel for that year.

(i) An agent representing a CFEC permit holder on matters of district registration and reregistration must be annually authorized to do so on a form provided by the department. The form must state that registration or reregistration accomplished by a CFEC permit holder's authorization agent does not waive the strict liability standard in 5 AAC 39.002 as it applies to the CFEC permit holder.

(j) A person who receives an emergency transfer (transferee) of a CFEC permit under 20 AAC 05.1740 may not register in a district other than the district in which the CFEC permit holder is registered when the emergency transfer occurs, unless the transferee has complied with the 48-hour district transfer notification period required by this section.

(k) Notwithstanding (b) of this section, a CFEC permit holder and fishing vessel registered before 9:00 a.m. July 17 to fish in the

(1) Togiak District may not take salmon or be used to take salmon in the Nushagak, Naknek-Kvichak, Egegik, or Ugashik district from 9:00 a.m. June 1 until the midpoint of the escapement goal range is achieved in the Togiak District as specified by commissioner's announcement; if the midpoint of the escapement goal is achieved before 9:00 a.m. July 17, the provisions set out in (b) of this section are in effect;

(2) Nushagak, Naknek-Kvichak, Egegik, or Ugashik District may not take salmon or be used to take salmon in the Togiak District from 9:00 a.m. June 1 until the midpoint of the escapement goal range is achieved in the Togiak District as specified by commissioner's announcement; if the midpoint of the escapement goal is achieved before 9:00 a.m. July 17, the provisions set out in (b) of this section are in effect.

(l) In the Nushagak District, a CFEC salmon set gillnet permit holder intending to transfer to and fish in a new statistical area for which the permit holder is not registered shall register for the new statistical area at least 48 hours before fishing in the new statistical area. Reregistration is accomplished by the permit holder, or the permit holder's authorized agent, completing a form provided by the department and submitting the completed form, in person, to an authorized representative of the department. The 48-hour statistical area transfer notification period begins when the reregistration form is signed by the authorized representative of the department. The set gillnet permit holder may not fish in the original statistical area during the 48-hour notification period. The notification period may be reduced by commissioner's announcement. Reregistration is not required after 9:00 a.m. July 17. For the purpose of this section, statistical areas in the Nushagak District are defined as follows:

(1) Igushik Statistical Area: all waters of the Igushik Section, as described in 5 AAC 06.200(1);

(2) Snake River Statistical Area: all waters of the Snake River Section, as described in 5 AAC 06.200(2);

(3) Coffee Point Statistical Area: all waters of the Nushagak Section, as described in 5 AAC 06.200(3), between a point two miles below Bradford Point at 58° 58.63' N. lat., 158° 33.62' W. long. and a point four miles below Coffee Point at 58° 52.90' N. lat., 158° 43.30' W. long.;

(4) Ekuk Statistical Area: all waters of the Nushagak Section, as described in 5 AAC 06.200(3), between Ekuk at 58° 49.15' N. lat., 158° 33.30' W. long. and Etolin Point at 58° 39.37' N. lat., 158° 19.31' W. long.;

(5) Clark's Point Statistical Area: all waters of the Nushagak Section, as described in 5 AAC 06.200(3), between Clark's Point at 58° 50.71' N. lat., 158° 32.49' W. long. and Ekuk at 58° 49.15' N. lat., 158° 33.30' W. long.;

(6) Queen's Statistical Area: all waters of the Nushagak Section, as described in 5 AAC 06.200(3), enclosed by a line from a point at 58° 51.27' N. lat., 158° 30.34' W. long. to the outlet of Queen's Slough at 58° 51.41' N. lat., 158° 30.38' W. long.;

(7) Combine Statistical Area: all waters of the Nushagak Section, as described in 5 AAC 06.200(3), between Nushagak Point at 58° 56.79' N. lat., 158° 29.53' W. long. and Clark's Point at 58° 50.71' N. lat., 158° 32.49' W. long., except those waters described in (6) of this subsection.

(m) A CFEC salmon drift gillnet permit holder who is registered for a district and intends to operate a different vessel in that same district must first reregister with the department identifying the substitute vessel the permit holder will be operating. If the substitute vessel has already been registered in that same district for at least 48 hours, the permit holder may begin fishing as soon as reregistration is completed. If the substitute vessel has not been registered in that same district for at least 48 hours, the permit holder may not begin fishing until the completion of the 48-hour notification requirement.

History

Authority: AS 16.05.251

5 AAC 06.373 Alagnak River Sockeye Salmon Special Harvest Area Management Plan {#sec-5-aac-06.373 omnilex-key=us-ak-regs-official--title-5--5 AAC 06.373}

(a) The goal of this management plan is to allow the harvest of surplus Alagnak River sockeye salmon stocks in the Alagnak River Special Harvest Area while conserving Kvichak River sockeye salmon.

(b) The Alagnak River Special Harvest Area (ARSHA) consists of the waters of the Alagnak River between a line from 59° 00.33' N. lat., 156° 49.43' W. long. to 59° 00.00' N. lat., 156° 49.00' W. long. upstream to a line from 59° 01.17' N. lat., 156° 45.68' W. long. to 59° 00.90' N. lat., 156° 45.31' W. long.

(c) Salmon may be taken in the ARSHA under this section only during fishing periods established by emergency order. The commissioner may open, by emergency order, the ARSHA only after the Alagnak River sockeye salmon sustainable escapement goal has been met. To ensure adequate Alagnak River king salmon escapement, the department shall, to the extent practicable, manage the ARSHA to minimize the harvest of king salmon.

(d) Salmon may be taken in the ARSHA with set gillnet and drift gillnet gear. Salmon harvested in the ARSHA will not count against the allocations of sockeye salmon to the gillnet fisheries specified in 5 AAC 06.364(b). To the extent practicable, drift gillnet and set gillnet fishing will open separately, with openings alternating between the two gear groups. If, after a total of four openings, the harvest from either gear group is less than 50 percent of the other gear group's harvest, alternating openings will not be required, and the department may increase the number of openings for the gear group with the greater harvest.

(e) When the ARSHA is open under this section, a gillnet may only be operated as follows:

(1) a set gillnet may not exceed 25 fathoms in length;

(2) a set gillnet may not be set or operated within 150 feet of another set gillnet;

(3) repealed 5/26/2006;

(4) a set gillnet must be operated in a substantially straight line perpendicular to the nearest bank of the Alagnak River;

(5) repealed 4/4/2013;

(6) all gear and equipment associated with set gillnet fishing in the ARSHA must be removed from the water when it is not being used to fish in the ARSHA;

(7) no more than 50 fathoms of drift gillnet may be used to take salmon;

(8) a CFEC permit holder may not use more than one gillnet to take salmon at any time;

(9) a drift gillnet vessel may not have more than 150 fathoms of drift gillnet on board the vessel;

(10) 5 AAC 06.331(i), (m), (o), and (p) do not apply except that the anchoring device may not be more than 50 feet from the web of the net;

(11) a set gillnet may be set or operated seaward of another set gillnet.

(f) Repealed 5/26/2006.

(g) Repealed 5/26/2006.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 6/15/2005, Register 174; am 5/26/2006, Register 178; am 4/4/2013, Register 206; am 4/16/2016, Register 218; am 5/31/2019, Register 230

5 AAC 06.374 Kvichak River Sockeye Salmon Special Harvest Area Management Plan {#sec-5-aac-06.374 omnilex-key=us-ak-regs-official--title-5--5 AAC 06.374}

(a) The goal of the Kvichak River Sockeye Salmon Special Harvest Area Management Plan is to achieve the Naknek River sockeye salmon spawning escapement goal while providing opportunities to harvest Kvichak and Alagnak River salmon stocks that are in excess of spawning escapement goals. The intent of the Board of Fisheries is that salmon in the Naknek-Kvichak District be harvested in the fisheries that have historically harvested them, including the methods, means, times, and locations of those fisheries, using the best biological management techniques and practices. The plan has been adopted to provide management alternatives that the department may use if differences in salmon run strengths would preclude the achievement of the goal of the plan using only the fisheries that have historically harvested those salmon.

(b) The Kvichak River Sockeye Salmon Special Harvest Area consists of the waters of the Kvichak River upstream of a line from 58° 52.78' N. lat., 157° 00.63' W. long., to 58° 54.02' N. lat., 157° 03.99' W. long., to a line located below the mouth of the Alagnak River at 58° 59.84' N. lat., 156° 51.91' W. long., to 59° 00.26' N. lat., 156° 53.36' W. long.

(c) If the department projects that the sockeye salmon escapement into the Kvichak River will exceed 4,000,000 fish and the Naknek River escapement projection is one or more days behind the schedule determined by the department for reaching the lower bound of the escapement goal, the commissioner may open, by emergency order, the special harvest area to the drift gillnet and set gillnet fisheries. The department shall, to the extent practicable, manage the special harvest area to minimize the harvest of king salmon.

(d) The drift gillnet and set gillnet fisheries will open separately, with a seasonal ratio of three drift gillnet fishing periods to every one set gillnet fishing period. The first fishing period will open to set gillnets.

(e) The following provisions apply to set gillnet fishing in the special harvest area:

(1) not more than 37 and one-half fathoms of set gillnet may be used to take salmon;

(2) a set gillnet may not be set or operated within 150 feet of another set gillnet;

(3) beyond 500 feet from shore, gear associated with set gillnet fishing must be removed when the gear is not being used to fish in the special harvest area;

(4) a set gillnet running line may not be in the water during a drift gillnet fishing period;

(5) set gillnet fishing in the special harvest area is exempt from 5 AAC 06.331 (i), (m), (o), and (p);

(6) a set gillnet may be set and operated seaward of another set gillnet;

(7) a vessel may not have more than 75 fathoms of set gillnet on board the vessel.

(f) The following provisions apply to drift gillnet fishing in the special harvest area:

(1) not more than 75 fathoms of drift gillnet may be used to take salmon;

(2) a CFEC permit holder may not use more than one gillnet to take salmon at any time;

(3) a vessel may not have more than 150 fathoms of drift gillnet on board the vessel;

(g) Beginning July 17, 2025, when the Naknek-Kvichak District is open to commercial fishing in the special harvest area the commissioner may establish, by emergency order, new fishing periods other than the periods set out under 5 AAC 06.320(c), during which the requirements for reregistration and the 48-hour transfer notification period set out under 5 AAC 06.370 will apply.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 7/10/2025, Register 255

5 AAC 06.375 Landing requirements {#sec-5-aac-06.375 omnilex-key=us-ak-regs-official--title-5--5 AAC 06.375}

(a) All salmon must be landed in the district in which the salmon were taken, except that

(1) a vessel used to take salmon may have salmon on board when the vessel is no more than one mile outside the district from which the salmon were taken;

(2) a vessel that is more than one-half mile inside the boundary of the Snake River Section of the Nushagak District may not have salmon on board the vessel, except that a set gillnet fishing vessel may have salmon on board in the entire Snake River Section;

(3) when outside a district, a vessel used to take salmon may have on board up to 50 salmon for personal use, if the salmon are headed and gutted;

(4) the commissioner may waive the requirements of this subsection if the commissioner determines it is necessary in order to conduct an orderly fishery.

(b) From January 1 through June 30 and from August 1 through December 31, salmon caught in the Cinder River and Port Heiden Sections of the Alaska Peninsula Area can be legally transferred and sold in the Ugashik District. At the time of sale, the salmon permit holder must state the section in which the fish were caught.

History

Authority: AS 16.05.251
Eff. 5/11/85, Register 94; am 4/2/88, Register 105; am 6/10/90, Register 114; am 4/9/2010, Register 194; am 4/4/2013, Register 206

5 AAC 06.377 Reporting requirements {#sec-5-aac-06.377 omnilex-key=us-ak-regs-official--title-5--5 AAC 06.377}

(a) The operator of a floating salmon processing vessel or tender, or a shorebased processing operation, and a company employing aircraft used for transporting salmon, shall report in person or through an authorized agent to the local representative of the department of the initial district of intended operations before the start of processing or buying operations. The report must include the location and the date of intended operations, and identify and describe each vessel or method of transport employed in hauling or processing salmon. Before moving a processing or buying operation to a new district, the operator shall notify the local representative of the department by radio, telephone, or in person. If requested by the department, the operator or authorized agent of the operator must provide information to the department regarding the operator's processing or buying activities, including processing or buying capacity.

(b) Each commercial fisherman shall report, on an ADF&G fish ticket, at the time of landing, the number of king and coho salmon taken but not sold.

(c) if the department adopts a reporting requirement, an S03T or S04T CFEC permit holder shall report, on a form provided by the department, the total number of king salmon that were harvested in a commercial fishery and retained for personal use annually as follows:

(1) CFEC permit number;

(2) statistical area of harvest;

(3) the permanent ADF&G vessel license plate number; if applicable

(4) date of harvest;

(5) number of king salmon greater than 28 inches in length;

(6) number of king salmon between 20 and 28 inches in length;

(d) A report described in (c) of this section must be submitted to the department not later than November 30, by means specified by the department.

History

Authority: AS 16.05.251
Eff. 4/2/88, Register 105; am 6/19/92, Register 122; am 12/1/2004, Register 172; am 4/9/2010, Register 194; am 4/16/2023, Register 246

5 AAC 06.378 Use of aircraft unlawful {#sec-5-aac-06.378 omnilex-key=us-ak-regs-official--title-5--5 AAC 06.378}

Repealed 6/19/92.

5 AAC 06.379 Use of aircraft unlawful {#sec-5-aac-06.379 omnilex-key=us-ak-regs-official--title-5--5 AAC 06.379}

A person may not use or employ an aircraft to locate salmon for the commercial taking of salmon or to direct commercial fishing operations in the Bristol Bay Area one hour before, during, and one hour after a commercial salmon fishing period.

History

Authority: AS 16.05.251
Eff. 5/24/96, Register 138

5 AAC 06.380 Unlawful possession of subsistence-taken salmon {#sec-5-aac-06.380 omnilex-key=us-ak-regs-official--title-5--5 AAC 06.380}

It is unlawful to purchase or sell salmon from which both lobes of the caudal fin (tail) or the dorsal fin have been removed.

History

Authority: AS 16.05.251

5 AAC 06.390 Special drift gillnet commercial fishing periods in the Nushagak District {#sec-5-aac-06.390 omnilex-key=us-ak-regs-official--title-5--5 AAC 06.390}

(a) It is the intent of the Alaska Board of Fisheries (board) that special drift gillnet fishing periods within the Bristol Bay commercial drift gillnet fishery in the Nushagak District be available to promote the local economy by allowing drift gillnet permit holders to diversify operations and realize benefits from the short-term commercial fishing licenses provided for in AS 16.05.480(i).

(b) From June 1 through September 30, the commissioner may, by emergency order, open and close special drift gillnet fishing periods in the waters of the Nushagak River downstream of a line from 58° 59.39' N. lat., 158° 32.08' W. long. to 58° 59.20' N. lat., 158° 28.54' W. long., and upstream of a line from 59° 02.18' N. lat., 158° 27.20' W. long. to 59° 02.00' N. lat., 158° 22.17' W. long.

(1) the drift gillnet vessel and permit holder must be registered for the Nushagak District under 5 AAC 06.370;

(2) the permit holder must register in person with the department at the department office in Dillingham; and

(3) there must be at least one paying client on board the vessel and all crewmembers on board the vessel must possess a commercial crewmember license issued under AS 16.05.480.

(d) While participating in a special drift gillnet fishing period

(1) only permit holders and crewmembers may be on board the vessel;

(2) only a single gillnet may be used; the gillnet may not

(A) be greater than five and one-half inches mesh size;

(B) exceed 25 fathoms in length; and

(3) the vessel and drift gillnet must maintain a distance of at least 100 feet from the end of a set gillnet and at least 500 feet from either side of a set gillnet;

(4) a vessel may not take more than 90 fish daily, of which no more than 15 may be king salmon; all fish harvested must be retained; fish harvested in excess of the limit of a daily limit shall be sold and the proceeds forfeited to the state; if no processor is available for the sale, the fish will be forfeited to the department and disposed of at the department's discretion;

(5) the permit holder must keep a logbook, on a form provided or approved by the department, for each commercial fishing trip; the logbook shall be completed before the offloading of any crewmembers or any fish taken, and the logbook must include

(A) the total harvest by species of fish retained for home use and sold commercially;

(B) the name, address, license number, and number of fish retained by each crewmember or permit holder for home use; and

(6) a fish ticket must be generated for each trip in which the catch is sold commercially or when a king salmon or coho salmon is harvested.

(e) During or after a special drift gillnet fishing period a permit holder must remove all fish harvested in the special drift gillnet fishing period from the vessel before participating in the regular commercial drift gillnet fishery.

(f) Repealed 4/9/2010.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 3/30/2007, Register 181; am 4/9/2010, Register 194

5 AAC 06.391 Nushagak District King Salmon Stock of Concern Management Plan {#sec-5-aac-06.391 omnilex-key=us-ak-regs-official--title-5--5 AAC 06.391}

(a) The purpose of this management plan is to provide management tools and guidelines to the department for the management of Nushagak District salmon fisheries, while Nushagak River king salmon are listed as a stock of management concern, which will result in the sustained yield of king salmon stocks large enough to meet sustainable escapement goals, while allowing for harvest opportunity in the subsistence, sport, and commercial fisheries.

(b) While the Nushagak River king salmon are listed as a stock of management concern, it is the intent of the board that all Nushagak District salmon stocks are managed conservatively through June 28 to protect Nushagak River king salmon, consistent with 5 AAC 39.222 (policy for the management of sustainable salmon fisheries).

(1) to achieve an inriver run goal of 95,000 king salmon in the Nushagak River consistent with the Nushagak-Mulchatna King Salmon Management Plan as described in 5 AAC 06.361(b)(1);

(2) when the Wood River sockeye salmon forecast or in season projection is less than 5,000,000 fish the department shall manage for the current sustainable escapement goal (SEG) of 700,000 to 1,800,000 fish;

(3) when the Wood River sockeye salmon forecast or inseason assessment of run size is greater than five million fish the department shall manage to achieve a Wood River sockeye salmon optimal escapement goal (OEG) of 700,000 fish to an upper bound that is up to 15 percent of the Wood River run size above the 1,800,000 fish upper bound of the SEG, based on the preseason forecast and in season assessment of run size;

(4) when the Nushagak River sockeye salmon forecast or inseason projection is less than 2,500,000 fish, the department shall manage for the current SEG of 370,000 to 900,000 fish;

(5) when the Nushagak River sockeye salmon forecast or inseason assessment of run size is greater than 2,500,000 fish the department shall manage to achieve a Nushagak River sockeye salmon OEG of 370,000 fish to an upper bound that is up to 15 percent of the Nushagak run size above the 900,000 fish upper bound of the SEG, based on the preseason forecast and in season assessment of run size.

(d) Before 9:00 a.m. June 28, if the Nushagak king salmon inriver run size is projected to be less than 95,000 fish, the commissioner shall close, by emergency order, the sockeye salmon commercial drift gillnet fishery in the Nushagak District, and the sockeye salmon commercial set net fishery in the Nushagak Section of the Nushagak District until

(1) the sockeye salmon sonar estimate in the Nushagak River is projected to exceed six percent of the Nushagak River sockeye salmon run based on the Nushagak River sockeye salmon preseason forecast and inseason assessment of run size; or

(2) the sockeye salmon count past the Wood River counting tower is projected to exceed 10 percent of the Wood River sockeye salmon run size based on the Wood River sockeye salmon preseason forecast and inseason assessment of run size.

(e) The department shall manage the sport fishery in the Nushagak River drainage, excluding the Wood River drainage, as follows:

(1) the annual limit for king salmon 20 inches or greater in length is four fish, of which only one fish may be 28 inches or greater in length;

(2) if the total inriver king salmon run return in the Nushagak River is projected to exceed 95,000 fish, the commissioner may, by emergency order, increase the annual limit for king salmon to four king salmon, 20 inches or greater in length, with no restrictions for fish over 28 inches in length.

(f) Subsistence fisheries will be managed in accordance with the rest of this title.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 6/25/2023, Register 246

Article 4 (Repealed)

5 AAC 06.410 was repealed as of Register 110 {#sec-5-aac-06.410 omnilex-key=us-ak-regs-official--title-5--5 AAC 06.410}

5 AAC 06.510. Fishing season.

Repealed.

Article 5 Smelt Fishery

5 AAC 06.560 Disposal of capelin {#sec-5-aac-06.560 omnilex-key=us-ak-regs-official--title-5--5 AAC 06.560}

Repealed.

History

Eff. 5/11/85, Register 94; repealed 7/21/99, Register 151

5 AAC 06.570 Bristol Bay Capelin Management Plan {#sec-5-aac-06.570 omnilex-key=us-ak-regs-official--title-5--5 AAC 06.570}

(a) Capelin (Mallotus villosus) may be taken only in the Togiak District described in 5 AAC 06.200(e), and only under the conditions of a permit issued by the commissioner or the commissioner's designee.

(b) The permit required in (a) of this section shall include reporting requirements and any other conditions determined necessary by the commissioner for conservation and management purposes.

(d) Capelin may be taken only with purse seines.

(e) No more than 200 tons of capelin may be taken annually.

History

Authority: AS 16.05.251
Eff. 7/21/99, Register 151; am 4/9/2004, Register 170

Article 7 Shellfish Fishery

Article 1 Description of Area

5 AAC 07.001 Application of this chapter {#sec-5-aac-07.001 omnilex-key=us-ak-regs-official--title-5--5 AAC 07.001}

History

Authority: AS 16.05.251

5 AAC 07.100 Description of area {#sec-5-aac-07.100 omnilex-key=us-ak-regs-official--title-5--5 AAC 07.100}

History

Authority: AS 16.05.251(a)

Article 2 Fishing Districts, Subdistricts, and Sections

5 AAC 07.200 Fishing districts, subdistricts, and sections {#sec-5-aac-07.200 omnilex-key=us-ak-regs-official--title-5--5 AAC 07.200}

(a) District 1 consists of that portion of the Kuskokwim River upstream from a line from Apokak Slough at 60° 08.50' N. lat., 162° 12' W. long. to the southernmost tip of Eek Island to Popokamiut at 60° 04' N. lat., 162° 28' W. long., to a line between ADF&G regulatory markers located at the mouth of Bogus Creek.

(1) Subdistrict 1-A consists of that portion of District 1 upstream from a line between ADF&G regulatory markers located at the downstream end of Steamboat Slough to a line between ADF&G regulatory markers located at the mouth of Bogus Creek;

(2) Subdistrict 1-B consists of that portion of District 1 upstream from a line from Apokak Slough at 60° 08.50' N. lat., 162° 12' W. long. to the southernmost tip of Eek Island to the Popokamiut at 60° 04' N. lat., 162° 28' W. long. to a line between ADF&G regulatory markers located at the downstream end of Steamboat Slough.

(A) Lower Section consists of that portion of Subdistrict 1-B upstream from a line from Apokak Slough at 60° 08.50' N. lat., 162° 12' W. long. to the southernmost tip of Eek Island to Popokamiut at 60° 04' N. lat., 162° 28' W. long. to a line between ADF&G regulatory markers located at approximately 60° 28' N. lat., 162° 18' W. long. and 60° 28' N. lat., 162° 21' W. long.;

(B) Upper Section consists of that portion of Subdistrict 1-B not included in Lower Section.

(b) District 2 consists of that portion of the Kuskokwim River from the ADF&G regulatory markers located just below the upstream entrance to the second slough on the west bank of the Kuskokwim River downstream of Lower Kalskag, approximately seven and one-half miles downstream of Lower Kalskag, to ADF&G regulatory markers at the downstream edge of Chuathbaluk.

(c) District 4 consists of Kuskokwim Bay between ADF&G regulatory markers located at the northernmost edge of the mouth of Weelung Creek and at the southernmost edge of the mouth of the Arolik River.

(d) District 5 consists of that portion of Goodnews Bay east of a line from an ADF&G regulatory marker located approximately two miles south on the seaward side of the entrance of Goodnews Bay to an ADF&G regulatory marker located approximately two miles north on the seaward side of the entrance of Goodnews Bay and west of a line between the mouth of Ukfigag Creek at 59° 04.17' N. lat., 161° 36' W. long. and the mouth of the Tunulik River at 59° 08' N. lat., 161° 37' W. long.

History

Authority: AS 16.05.251

Article 3 Salmon Fishery

5 AAC 07.310 Fishing seasons {#sec-5-aac-07.310 omnilex-key=us-ak-regs-official--title-5--5 AAC 07.310}

Except as provided in 5 AAC 07.320 - 5 AAC 07.360, commercial salmon fishing seasons will be opened and closed by emergency order, except that districts will be closed as follows:

(1) Districts 1 and 2 will close on September 1;

(2) Districts 4 and 5 will close on September 8;

(3) in District 4, commercial fishing for salmon will be closed on Sundays between June l and July 15.

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 07.320 Fishing periods {#sec-5-aac-07.320 omnilex-key=us-ak-regs-official--title-5--5 AAC 07.320}

In the Kuskokwim Area, in all districts, subdistricts, and sections, salmon may be taken only during fishing periods established by emergency order. However, when fish abundance and processing capacity allows, the Lower Section of Subdistrict 1-B will open up to two hours earlier during commercial fishery openings in Subdistrict 1-B.

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 07.330 Gear {#sec-5-aac-07.330 omnilex-key=us-ak-regs-official--title-5--5 AAC 07.330}

In the Kuskokwim Area, salmon may be taken only with set gillnets and drift gillnets. A person may not operate or assist in operating more than one type of gear at any time.

History

Authority: AS 16.05.251

5 AAC 07.331 Gillnet specifications and operations {#sec-5-aac-07.331 omnilex-key=us-ak-regs-official--title-5--5 AAC 07.331}

(a) A gillnet must have a mesh size of six inches or less, and may not be more than 45 meshes in depth. The aggregate length of a set gillnet or drift gillnet may not exceed 50 fathoms, except that if the commissioner determines that there is a harvestable surplus of salmon, the commissioner may, by emergency order, close the fishing season and immediately reopen a season during which the aggregate length of a set gillnet or drift gillnet may not exceed 100 fathoms.

(b) Repealed 5/22/2016.

(d) Repealed 5/22/2016.

(e) No gillnet gear may be operated in a manner to obstruct more than one-half the width of any waterway. In the intertidal zone this restriction applies at all stages of the tide.

(f) In District 4, between June 1 and July 15, only one gillnet may be operated per vessel.

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 07.334 Identification of gear {#sec-5-aac-07.334 omnilex-key=us-ak-regs-official--title-5--5 AAC 07.334}

(a) Each drift gillnet in operation must have at one end a red keg, buoy or cluster of floats plainly and legibly marked with the fisherman's five-digit CFEC permit serial number.

(b) Each set gillnet in operation must be identified as required by 5 AAC 39.280.

History

Authority: AS 16.05.251(a)

5 AAC 07.335 Minimum distance between units of gear {#sec-5-aac-07.335 omnilex-key=us-ak-regs-official--title-5--5 AAC 07.335}

In District 5, no part of a set gillnet may be set or operated within 300 feet of any part of another set gillnet.

History

Authority: AS 16.05.251(a)

5 AAC 07.340 Vessel identification {#sec-5-aac-07.340 omnilex-key=us-ak-regs-official--title-5--5 AAC 07.340}

Notwithstanding 5 AAC 39.119, a vessel used to commercially fish for salmon in the Kuskokwim Area must permanently display the vessel's ADF&G license plate number, or the permit holder's CFEC permit number, on both sides of the vessel in symbols no less than 12 inches high and one inch wide.

History

Authority: AS 16.05.251
Eff. 7/5/2000, Register 155; am 6/17/2001, Register 158

5 AAC 07.350 Closed waters {#sec-5-aac-07.350 omnilex-key=us-ak-regs-official--title-5--5 AAC 07.350}

Salmon may not be taken in the following locations:

(1) waters of the Kuskokwim River drainage not included in Districts 1 and 2;

(2) repealed 5/11/85;

(3) tributaries of the Kuskokwim River;

(4) waters of Kuskokuak Slough of the Kuskokwim River drainage between department regulatory markers located at the downstream and upstream mouths of the slough;

(5) repealed 4/14/82;

(6) all other waters of the Kuskokwim Area, except those waters described in 5 AAC 07.200;

(7) the Goodnews River east of a line between ADF&G regulatory makers placed near the mouth of the Ufigag River and ADF&G regulatory markers placed near the mouth of the Tunulik River;

(8) the Kanektok River upstream of ADF&G regulatory markers placed near its terminus;

(9) the Arolik River upstream of ADF&G regulatory markers placed near its terminus.

History

Authority: AS 16.05.251

5 AAC 07.355 Requirements for transporting salmon and salmon roe in the Kuskokwim Area {#sec-5-aac-07.355 omnilex-key=us-ak-regs-official--title-5--5 AAC 07.355}

History

Authority: AS 16.05.251
Eff. 8/8/2007, Register 183

5 AAC 07.360 Guideline harvest ranges {#sec-5-aac-07.360 omnilex-key=us-ak-regs-official--title-5--5 AAC 07.360}

Repealed 6/14/90.

5 AAC 07.365 Kuskokwim River Salmon Management Plan {#sec-5-aac-07.365 omnilex-key=us-ak-regs-official--title-5--5 AAC 07.365}

(a) The purpose of this management plan is to provide guidelines for management of the Kuskokwim River salmon fisheries that result in the sustained yield of salmon stocks large enough to meet escapement goals, amounts reasonably necessary for subsistence uses, and for nonsubsistence fisheries. The department shall use the best available data, including preseason and inseason run projections, test fishing indices, age and sex composition, harvest reports, passage escapement estimates, and recognized uncertainty, to assess run abundance for the purpose of implementing this plan.

(b) It is the intent of the Board of Fisheries that the Kuskokwim River salmon stocks shall be managed in a conservative manner consistent with the Policy for the Management of Sustainable Salmon Fisheries under 5 AAC 39.222 to meet escapement goals and the subsistence priority.

(1) when the projected escapement of king salmon is below the drainagewide escapement goal range, the commissioner shall close, by emergency order, the commercial, sport, and subsistence king salmon fisheries;

(2) when the projected escapement of king salmon is within the drainagewide escapement goal range, the commissioner shall open and close fishing periods, by emergency order, as follows:

(A) the commissioner shall close, by emergency order, the commercial, sport, and subsistence king salmon fisheries, and after June 11, to the extent practicable, the commissioner shall open, by emergency order, at least one fishing period per week for a directed subsistence king salmon fishery to provide harvest opportunity on surplus king salmon in excess of escapement needs;

(B) after June 11, fishing may be opened for commercial and sport fisheries to provide harvest opportunity on surplus king salmon in excess of escapement and subsistence needs;

(C) notwithstanding (c)(2)(A) of this section, before June 12 the commissioner shall open, by emergency order, at least one subsistence fishing period per week with four-inch or smaller mesh gillnets; the gillnet may only be operated as a set gillnet and no part of the set gillnet may be more than 100 feet from the ordinary high water mark;

(3) when the projected escapement of king salmon exceeds the drainagewide escapement goal range,

(A) the commissioner shall close, by emergency order, the commercial, sport, and subsistence king salmon fisheries, and after June 11, the directed subsistence king salmon fishery will be open seven days per week; and

(B) after June 11, the commercial and sport fisheries will be managed to provide harvest opportunity on surplus king salmon in excess of escapement and subsistence needs;

(C) notwithstanding (c)(3)(A) of this section, before June 12 the commissioner shall open, by emergency order, at least one subsistence fishing period per week with six-inch or smaller mesh gillnets; the gillnet may only be operated as a set gillnet and no part of the set gillnet may be more than 100 feet from the ordinary high water mark;

(4) notwithstanding the provisions of (2) and (3) of this subsection, if the department determines there is a harvestable surplus of king salmon, the commissioner may open, by emergency order, a subsistence king salmon fishery during which

(A) king salmon may be taken only by a person 60 years of age or older; and

(B) a person authorized to take king salmon under this paragraph may not authorize a proxy to take or attempt to take king salmon under AS 16.05.405 or 5 AAC 01.011, but the participant may be assisted by family members within the second degree of kindred; in this subparagraph, "within the second degree of kindred" has the meaning given in 5 AAC 92.990(a).

(d) In the subsistence fishery, in the Kuskokwim River drainage, in the waters of the mainstem of the river and other salmon spawning tributaries, unless otherwise specified by the department,

(1) the subsistence salmon net and fish wheel fisheries will be open seven days per week, except that if the commissioner determines that it is necessary in order to achieve escapement goals, the commissioner may alter fishing periods, by emergency order, based on run abundance;

(2) the commissioner may implement one or more of the gear limitations as described in 5 AAC 01.270(n) during times the commissioner determines that it is necessary for the conservation of king salmon;

(3) actions to conserve king salmon may be applied to the entire Kuskokwim River, its sections, or tributaries, consistent with harvest trends and variability in abundance of king salmon available for harvest as the run progresses upstream;

(4) the commissioner may alter the subsistence hook and line bag and possession limits specified in 5 AAC 01.295, by emergency order, if the commissioner determines that inseason information indicates it is necessary for conservation purposes.

(e) In the commercial fishery,

(1) the guideline harvest level for king salmon and sockeye salmon is as follows:

(A) 0 - 50,000 king salmon;

(B) 0 - 50,000 sockeye salmon;

(2) only the waters of District 1 may be opened during the first commercial salmon fishing period;

(3) the commissioner shall open and close the Kuskokwim River commercial salmon fishery, by emergency order, if inseason information indicates a run strength that is large enough to provide for a harvestable surplus and a reasonable opportunity for subsistence uses and for nonsubsistence fisheries;

(4) the department shall provide, to the extent practicable, at least 24 hours advance notice of the opening of Districts 1 and 2 commercial fishing periods;

(5) Districts 1 and 2 commercial fishing periods are from 12:00 p.m. through 6:00 p.m.; when longer fishing periods are allowed, the extra time is to be divided before 12:00 p.m. and after 6:00 p.m.;

(6) the department shall manage the commercial fishery to ensure there is no significant impact on escapement or allocations of salmon species as a result of incidental harvest in commercial fisheries directed at other salmon species;

(7) in June and when king salmon are abundant, the department shall manage the commercial fishery conservatively to ensure king salmon escapement goals are achieved and reasonable opportunity for subsistence uses is provided in consideration of harvest trends and abundance of king salmon available for the subsistence fishery, as follows:

(A) when the projected escapement of king salmon is within the drainagewide escapement goal range,

(i) the first opening may not occur until after June 23;

(ii) only the waters of Subdistrict 1-B may be opened during the first commercial fishing period;

(iii) at least 72 hours must pass between the first Subdistrict 1-B opening and the first Subdistrict 1-A opening;

(B) when the projected escapement of king salmon exceeds the drainagewide escapement goal range, the commercial fishery will be managed to provide harvest opportunity on surplus king salmon in excess of escapement and subsistence needs;

(8) when chum salmon abundance exceeds king salmon relative abundance, the department shall manage, to the extent practicable, the commercial salmon fishery based on chum salmon run strength;

(9) when coho salmon abundance exceeds chum salmon abundance, the department shall manage, to the extent practicable, the commercial salmon fishery based on coho salmon run strength;

(10) a person may not sell salmon roe taken in Districts 1 and 2;

(11) notwithstanding 5 AAC 07.331, during times when the commissioner determines that it is necessary for the conservation of salmon, the commissioner may, by emergency order, close the commercial gillnet fishing season and immediately reopen a fishing season during which

(A) a permit holder may fish with up to four dip nets; for purposes of this subparagraph, a dip net is a bag-shaped net supported on all sides by a rigid frame and

(i) the maximum straight-line distance between any two points on the net frame, as measured through the net opening, may not exceed five feet;

(ii) the depth of the bag must be at least one-half of the greatest straight-line distance, as measured through the net opening;

(iii) no portion of the bag may be constructed of webbing that exceeds a stretched measurement of four and one-half inches; and

(iv) the frame must be attached to a single rigid handle, or a single rigid handle with a single line attached and be operated by hand;

(B) a permit holder may fish with beach seine gear that

(i) is not constructed of monofilament web; and

(ii) does not exceed 50 fathoms in length, 100 meshes in depth, and a mesh size of three and one-half inches stretched measure;

(C) all salmon specified by the commissioner caught in dip net and beach seine gear must be released immediately and returned to the water unharmed.

(f) In the sport fishery,

(1) if the commissioner restricts the fishery, by emergency order, for conservation purposes, the restrictions must be based on the level of abundance;

(2) in the Aniak River drainage, the king salmon fishery is open from May 1 through July 25, with a bag and possession limit of two fish, 20 inches or greater in length, with an annual limit of two fish, 20 inches or greater in length; the sockeye, pink, chum, and coho salmon fisheries are open year round, with a combined daily bag and possession limit of three fish, of which no more than two fish may be king salmon;

(3) actions to conserve king salmon will only be implemented when king salmon are present, consistent with migratory timing as the run progresses upstream.

History

Authority: AS 16.05.060; AS 16.05.251; AS 16.05.258
Eff. 6/10/87, Register 102; am 4/2/88, Register 105; am 6/14/90, Register 115; am 6/10/98, Register 146; am 6/17/2001, Register 158; am 7/8/2001, Register 159; am 5/19/2004, Register 170; am 6/7/2007, Register 182; am 5/19/2010, Register 194; am 4/13/2013, Register 206; am 4/18/2014, Register 210; am 5/24/2015, Register 214; am 5/22/2016, Register 218; am 4/22/2017, Register 222; am 6/21/2020, Register 234; am 5/24/2023, Register 246

5 AAC 07.367 Districts 4 and 5 Salmon Management Plan {#sec-5-aac-07.367 omnilex-key=us-ak-regs-official--title-5--5 AAC 07.367}

(a) The objective of the Districts 4 and 5 Salmon Management Plan is to maintain a level of sustained yield which will provide for subsistence needs, the long-term economic health of the commercial and sport fishing industries, and recreational opportunities in the districts and freshwater systems flowing into the districts.

(b) The District 4 commercial salmon fishery is to open before June 16.

(c) When the catch of king salmon in the commercial fishery is less than 50 percent of the catch of king and sockeye salmon combined, the department shall manage, to the extent practicable, the commercial salmon fishery based on the strength of the sockeye salmon return.

(d) Commercial salmon fishing periods are established by emergency order. The department shall allow at least one fishing period per week, unless a severe conservation problem develops.

(e) When a closure of the commercial salmon fishery is required, the department shall decide, on or before the 10th day of the closure, whether to close the sport fishery to the taking of the species of the biological concern and whether additional management actions on the sport fishery are needed.

(f) During times of king salmon conservation, the commercial fishery in District 5 may be restricted to that portion of Goodnews Bay east of a line from an ADF&G regulatory marker located approximately two miles south on the seaward side of the entrance of Goodnews Bay to an ADF&G regulatory marker located approximately two miles north on the seaward side of the entrance of Goodnews Bay and west of a line from Big Beluga to Little Beluga.

History

Authority: AS 16.05.060; AS 16.05.251; AS 16.05.258
Eff. 4/2/88, Register 105; am 12/1/2004, Register 172; am 5/22/2016, Register 218

5 AAC 07.370 Registration and reregistration requirements for District 1 of the Kuskokwim Area {#sec-5-aac-07.370 omnilex-key=us-ak-regs-official--title-5--5 AAC 07.370}

(a) A CFEC salmon limited entry or interim-use permit holder shall register to fish in a subdistrict described in 5 AAC 07.200(a)(1) or (2) by indicating on the ADF&G fish ticket used for the first delivery of the season the subdistrict in which the permit holder first took salmon.

(b) After initial registration under (a) of this section for Subdistrict 1-A or 1-B, a CFEC permit holder may register to fish for salmon in another subdistrict, however, the permit holder may not take salmon in any subdistrict during the 48-hour period following reregistration. Subdistrict reregistration is accomplished when the permit holder contacts a local representative of the department and furnishes the information requested by the representative. The reregistration and the 48-hour waiting period begins at the time that notification is received by the department. A permit holder may reregister only once before or on July 31 and only once after July 31.

(c) To maximize the harvest of salmon stocks, when processor capacity is also maximized the commissioner may, by emergency order, close and immediately reopen a fishing period during which (b) of this section does not apply.

History

Authority: AS 16.05.251
Eff. 7/5/2000, Register 155; am 6/17/2001, Register 158

Article 4 (Repealed)

5 AAC 07.410 was repealed as of Register 110 {#sec-5-aac-07.410 omnilex-key=us-ak-regs-official--title-5--5 AAC 07.410}

5 AAC 07.510. Fishing season.

Repealed.

Article 6 Freshwater Fishery

5 AAC 07.650 Closed waters {#sec-5-aac-07.650 omnilex-key=us-ak-regs-official--title-5--5 AAC 07.650}

Whitefish Lake, southwest of Aniak in the Ophir Creek drainage, is closed to commercial fishing.

History

Authority: AS 16.05.251
Eff. 7/16/92, Register 123

Article 7 Shellfish Fishery

5 AAC 07.710 Fishing seasons {#sec-5-aac-07.710 omnilex-key=us-ak-regs-official--title-5--5 AAC 07.710}

Repealed 10/12/74.

5 AAC 07.730 Gear {#sec-5-aac-07.730 omnilex-key=us-ak-regs-official--title-5--5 AAC 07.730}

Repealed 6/15/74.

5 AAC 07.750 Shellfish pot specifications and operation {#sec-5-aac-07.750 omnilex-key=us-ak-regs-official--title-5--5 AAC 07.750}

Repealed 10/12/74.

5 AAC 07.760 Quotas {#sec-5-aac-07.760 omnilex-key=us-ak-regs-official--title-5--5 AAC 07.760}

Repealed 6/15/74.

5 AAC 07.792 Size limits {#sec-5-aac-07.792 omnilex-key=us-ak-regs-official--title-5--5 AAC 07.792}

Repealed 6/15/74.

Chapter 09 Alaska Peninsula Area

Article 1 Description of Area

5 AAC 09.001 Application of this chapter {#sec-5-aac-09.001 omnilex-key=us-ak-regs-official--title-5--5 AAC 09.001}

Requirements set out in this chapter apply only to commercial fishing, unless otherwise specified. Subsistence, personal use, and sport fishing regulations affecting commercial fishing vessels or affecting any other commercial fishing activity are set out in the subsistence fishing regulations in 5 AAC 01 and 5 AAC 02, personal use fishing regulations in 5 AAC 77, and sport fishing regulations in 5 AAC 65 and 5 AAC 75.

History

Authority: AS 16.05.251

5 AAC 09.100 Description of area {#sec-5-aac-09.100 omnilex-key=us-ak-regs-official--title-5--5 AAC 09.100}

The Alaska Peninsula Area includes the waters of Alaska on the north side of the Alaska Peninsula, southwest of a line from Cape Menshikof (57° 28.34' N. lat., 157° 55.84' W. long.) to Cape Newenham (58° 39.00' N. lat., 162° W. long.) and east of the longitude of Cape Sarichef Light (164° 55.70' W. long.) and on the south side of the Alaska Peninsula, from a line extending from Scotch Cap through the easternmost tip of Ugamak Island to a line extending 135° southeast from Kupreanof Point (55° 33.98' N. lat., 159° 35.88' W. long.).

History

Authority: AS 16.05.251

Article 2 Fishing Districts and Sections

5 AAC 09.200 Description of districts and sections {#sec-5-aac-09.200 omnilex-key=us-ak-regs-official--title-5--5 AAC 09.200}

(a) Northern District: waters on the north (Bering Sea) side of the Alaska Peninsula west of a line from Cape Menshikof (57° 28.34' N. lat., 157° 55.84' W. long.) to Cape Newenham (58° 39.00' N. lat., 162° W. long.) and the longitude of Moffet Point (162° 35.50' W. long.), excluding the waters of Moffet Bay (also known as Moffet Lagoon);

(1) Cinder River Section: waters of the Northern District east of 158° 20.00' W. long.;

(2) Port Heiden Sections:

(A) Outer Port Heiden Section: waters located between 158° 20.00' W. long. and the longitude of Strogonof Point (158° 50.45' W. long.), excluding the waters of the Inner Port Heiden Section;

(B) Inner Port Heiden Section: waters of Port Heiden Bay south and east of a line from Strogonof Point at 56° 53.50' N. lat., 158° 50.45' W. long. to the mainland shore of the northeast entrance to the bay at 56° 56.50' N. lat., 158° 41.50' W. long.;

(3) Ilnik Section: waters between the longitude of Strogonof Point (158° 50.45' W. long.) and the longitude of Three Hills (159° 49.45' W. long.);

(4) Three Hills Section: waters between the longitude of Three Hills (159° 49.45' W. long.) and the longitude of Cape Seniavin (160° 08.25' W. long.);

(5) Bear River Section: waters between the longitude of Cape Seniavin (160° 08.25' W. long.) and the longitude of Wolf Point (160° 48.47' W. long.), excluding the waters of the Herendeen-Moller Bay Section;

(6) Port Moller Bight Section: waters enclosed by a line from Entrance Point to Harbor Point;

(7) Herendeen-Moller Bay Section: waters enclosed by a line from Harbor Point to Entrance Point to Wolf Point to Point Edward on Cape Rozhnof;

(8) Nelson Lagoon Section: waters of Nelson Lagoon inside the bars and inside a line extending from Lagoon Point to Wolf Point to Point Edward on Cape Rozhnof;

(9) Caribou Flats Section: waters between the longitude of Wolf Point (160° 48.47' W. long.) and the longitude of Frank's Point (161° 49.00' W. long.), excluding the waters of the Nelson Lagoon Section;

(10) Black Hills Section: waters between the longitude of Frank's Point (161° 49.00' W. long.) and the longitude of Moffet Point (162° 35.50' W. long.), excluding the waters of Moffet Bay (also known as Moffet Lagoon).

(b) Northwestern District: waters on the north (Bering Sea) side of the Alaska Peninsula between the longitude of Moffet Point (162° 35.50' W. long.) and the longitude of Cape Sarichef Light on Unimak Island (164° 55.70' W. long.), including all waters of Moffet Bay (also known as Moffet Lagoon) and the waters of Bechevin Bay and Isanotski Strait north of a line from the False Pass cannery dock to Nichols Point;

(1) Izembek-Moffet Bay Section: waters between the longitude of Moffet Point (162° 35.50' W. long.) and the longitude of the easternmost tip of Chunak Point (163° 27.00' W. long.), including all of Moffet Bay (also known as Moffet Lagoon), but excluding the waters of the Bechevin Bay Section;

(2) Bechevin Bay Section: waters of Bechevin Bay and Isanotski Strait enclosed on the north by a line from the easternmost tip of Chunak Point to the westernmost tip of Cape Kretnitzin and enclosed on the south by a line from the False Pass cannery dock to Nichols Point;

(3) Swanson Lagoon Section: waters on the north side of Unimak Island between the longitude of the easternmost edge of Chunak Point (163° 27.00' W. long.) and east of the longitude of Otter Point (163° 47.00' W. long.), excluding the waters of the Bechevin Bay Section;

(4) Urilia Bay Section: waters on the north side of Unimak Island west of the longitude of Otter Point (163° 47.00' W. long.) and east of the longitude of the northernmost tip of Cape Mordvinof (164° 26.00' W. long.), including Peterson and Christianson Lagoons;

(5) Dublin Bay Section: waters on the northwest side of Unimak Island west of the longitude of the northernmost tip of Cape Mordvinof (164° 26.00' W. long.) and east of the longitude of Cape Sarichef Light (164° 55.70' W. long.).

(c) Unimak District: waters on the south side of Unimak Island between a line extending from Scotch Cap (54° 24.17' N. lat., 164° 47.60' W. long.) through the easternmost tip of Ugamak Island (54° 12.87' N. lat., 164° 46.00' W. long.) and a line extending 115° from Cape Pankof Light (54° 39.60' N. lat., 163° 03.70' W. long.), including the Sanak Islands;

(1) Cape Lutke Section: waters of the Unimak District west of the longitude of Rock Island (163° 38.00' W. long.);

(2) Otter Cove Section: waters of the Unimak District east of the longitude of Rock Island (163° 38.00' W. long.), excluding the waters of the Sanak Island Section;

(3) Sanak Island Section: waters of the Unimak District east of the longitude of Cape Pankof Light (163° 03.70' W. long.) and south of the latitude of Hague Rock at 54° 33.17' N. lat.

(d) Southwestern District: waters on the south side of the Alaska Peninsula north and east of a line extending 115° from Cape Pankof Light (54° 39.60' N. lat., 163° 03.70' W. long.) and west of a line extending 106° from Arch Point Light (55° 12.30' N. lat., 161° 54.30' W. long.) to the western boundary of the Southeastern District (longitude of McGinty Point: 160° 59.00' W. long.), including Inner Iliasik, Outer Iliasik, Goloi, Dolgoi, Poperechoi, and Deer Islands, waters of Ikatan Bay, and waters of Isanotski Strait south of a line from the False Pass cannery dock (54° 51.35' N. lat., 163° 24.38' W. long.) to Nichols Point (54° 51.43' N. lat., 163° 23.23' W. long.);

(1) Ikatan Bay Section: waters of the Southwestern District located south and west of a line from Kenmore Head (54° 56.83' N. lat., 163° 01.77' W. long.) to Hague Rock (54° 33.17' N. lat., 162° 24.00' W. long.) and west of a line extending true south from Hague Rock;

(2) Morzhovoi Bay Section: waters of Morzhovoi Bay north of a line from Kenmore Head to Cape Tachilni (54° 56.00' N. lat., 162° 52.80' W. long.);

(3) Thin Point Section: waters of the Southwestern District east of Kenmore Head (54° 56.83' N. lat., 163° 01.77' W. long.) and west of Thin Point (54° 57.32' N. lat., 162° 33.50' W. long.), excluding waters of the Ikatan, Morzhovoi, and Cold Bay Sections;

(4) Cold Bay Section: waters north of a line from Thin Point to Vodapoini Point;

(5) Deer Island Section: waters within one nautical mile from the mean high tide mark around Deer Island;

(6) Belkofski Bay Section: waters between Vodapoini Point and Moss Cape, including Inner and Outer Iliasik Islands, excluding the waters of the Deer Island Section;

(7) Volcano Bay Section: waters between Moss Cape and Arch Point, including Goloi, Dolgoi, and Poperechnoi Islands;

(8) General Section: all remaining waters of the Southwestern District.

(e) South Central District: waters on the south side of the Alaska Peninsula north and east of a line extending 106° from Arch Point Light (55° 12.30' N. lat., 161° 54.30' W. long.) and west of a line extending south from McGinty Point (55° 27.37' N. lat., 160° 59.00' W. long.), including Ukolnoi and Wosnesenski Islands;

(1) West Pavlof Bay Section: waters of the South Central District west of 161° 34.00' W. long.;

(2) East Pavlof Bay Section: waters of the South Central District east of 161° 34.00' W. long., excluding the Canoe Bay and Mino Creek-Little Coal Bay Sections;

(3) Canoe Bay Section: waters of Canoe Bay enclosed by a line from a point at 55° 35.55' N. lat., 161° 21.60' W. long. to a point at 55° 35.65' N. lat., 161° 21.80' W. long.;

(4) Mino Creek-Little Coal Bay Section: waters of the South Central District, excluding those of the West and East Pavlof Bay and Canoe Bay Sections, between the longitude of McGinty Point (160° 59.00' W. long.) and the longitude of Cape Tolstoi (161° 30.00' W. long.).

(f) Southeastern District: waters on the south side of the Alaska Peninsula east of a line extending south from McGinty Point (55° 27.37' N. lat., 160° 59.00' W. long.) and west of a line extending 135° from Kupreanof Point (55° 33.98' N. lat., 159° 35.88' W. long.), including all of the Shumagin Islands;

(1) Beaver Bay Section: waters of the Southeastern District east of the longitude of McGinty Point (160° 59.00' W. long.), west of 160° 49.00' W. long., and north of 55° 26.00' N. lat.;

(2) Balboa Bay Section: waters of the Southeastern District east of 160° 49.00' W. long., north of 55° 26.00' N. lat., and west of the longitude of Swedania Point (160° 31.50' W. long.);

(3) Shumagin Islands Section: waters of the Southeastern District east of the longitude of McGinty Point (160° 59.00' W. long.), west of a line extending 135° from Kupreanof Point (55° 33.98' N. lat., 159° 35.88' W. long.), south of a line from 55° 26.00' N. lat., 160° 31.50' W. long., to 55° 32.20' N. lat., 160° 02.60' W. long. (approximately one nautical mile north of Karpa Island), and east to the Alaska Peninsula Area boundary (a line extending 135° from Kupreanof Point), excluding the Beaver Bay, Balboa Bay, and Southwest Stepovak Sections;

(4) Southwest Stepovak Section: waters of the Southeastern District south of the latitude of 55° 37.33' N. lat., west of 159° 52.00' W. long., north of the Shumagin Islands Section, and east of the Balboa Bay Section;

(5) Northwest Stepovak Section: waters of the Southeastern District north of 55° 37.33' N. lat. and west of the longitude of Dent Point (159° 52.00' W. long.);

(6) Stepovak Flats Section: waters of the Southeastern District north of 55° 48.20' N. lat. and east of the longitude of Dent Point (159° 52.00' W. long.);

(7) East Stepovak Section: waters of the Southeastern District south of 55° 48.20' N. lat., east of the longitude of Dent Point (159° 52.00' W. long.), north of 55° 32.20' N. lat., and west of a line extending 135° from Kupreanof Point (55° 33.98' N. lat., 159° 35.88' W. long.).

History

Authority: AS 16.05.251

5 AAC 09.206 Use of global positioning system (GPS) {#sec-5-aac-09.206 omnilex-key=us-ak-regs-official--title-5--5 AAC 09.206}

In the Alaska Peninsula Area, boundaries, lines, and coordinates are identified with the global positioning system (GPS). If the global positioning system is not operating, the boundaries, lines, and coordinates are as identified by ADF&G regulatory markers.

History

Authority: AS 16.05.251
Eff. 6/4/2004, Register 170

Article 3 Salmon Fishery

5 AAC 09.301 Seaward boundary of districts {#sec-5-aac-09.301 omnilex-key=us-ak-regs-official--title-5--5 AAC 09.301}

For the purpose of managing the historical salmon net fishery in the vicinity of False Pass and Unimak Bight, the outer boundary of the Southwestern and Unimak Districts is a line drawn three miles seaward from a line commencing at 54° 26.70' N. lat., 162° 53.00' W. long., near the western end of Sanak Island to Cape Lutke on Unimak Island. The seaward boundary of all other districts is a line three miles seaward of the baseline, as described in the definition of "waters of Alaska" in 5 AAC 39.975.

History

Authority: AS 16.05.251

5 AAC 09.310 Fishing seasons {#sec-5-aac-09.310 omnilex-key=us-ak-regs-official--title-5--5 AAC 09.310}

(a) In the Northern District, salmon may be taken as follows:

(1) Cinder River Section:

(A) from May 1 through September 30, waters within the lagoon into which the Cinder River drains (locally known as False Ugashik or Shagong) that are inside a line across the lagoon entrance from 57° 21.14' N. lat., 158° 06.82' W. long. to 57° 21.46' N. lat., 158° 04.68' W. long.;

(B) from August 1 through September 30 throughout this section;

(2) Port Heiden Sections:

(A) Inner Port Heiden Section: from May 1 through September 30;

(B) Outer Port Heiden Section: from June 20 through July 31;

(3) Ilnik Section:

(A) from May 1 through September 30, waters within Ilnik Lagoon and the waters inside the Seal Islands;

(B) repealed 6/4/2004;

(4) Three Hills Section: from June 25 through September 30;

(5) Bear River Section: from May 1 through September 30;

(6) Port Moller Bight Section: from May 1 through September 30;

(7) Herendeen-Moller Bay Section: from May 1 through July 20;

(8) Nelson Lagoon Section: from May 1 through September 30;

(9) Caribou Flats Section: no open season;

(10) Black Hills Section: from May 1 through September 30.

(b) In the Northwestern District, salmon may be taken only from June 1 through September 30, except that in the Dublin Bay Section, salmon may be taken only from July 10 through September 30.

(d) In the Southwestern District, salmon may be taken only from June 1 through October 31.

(e) In the South Central District, salmon may be taken only from June 1 through October 31.

(f) In the Southeastern District, salmon may be taken only from June 1 through October 31.

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 09.320 Fishing periods {#sec-5-aac-09.320 omnilex-key=us-ak-regs-official--title-5--5 AAC 09.320}

(a) In the Northern District, salmon may be taken only during weekly fishing periods from 6:00 a.m. Monday until 6:00 p.m. Thursday, unless modified by emergency order, except as follows:

(1) in the Black Hills Section,

(A) before July 1, salmon may be taken from 6:00 a.m. Monday until 6:00 p.m. Wednesday;

(B) beginning July 1, salmon may be taken from 6:00 a.m. Monday until 6:00 p.m. Thursday;

(2) in the Nelson Lagoon Section, salmon may be taken

(A) during the period May 1 through June 15, from 6:00 a.m. Monday until 12:00 midnight Wednesday;

(B) during the period June 16 through August 15, from 6:00 a.m. Monday until 12:00 midnight Thursday;

(3) in the Cinder River Section, salmon may be taken only from 6:00 a.m. Thursday until 6:00 p.m. Saturday;

(4) in the Outer Port Heiden, Inner Port Heiden, and Ilnik Sections, salmon may be taken only from 6:00 a.m. Monday until 6:00 p.m. Wednesday, except that before June 20 in that portion of the Ilnik Section within the Ilnik Lagoon and all waters inside the Seal Islands, salmon may be taken only from 12:00 noon Monday until 11:59 p.m. Wednesday;

(5) before July 1, in the Three Hills and Bear River Sections, salmon may be taken from 6:00 a.m. Monday until 6:00 p.m. Wednesday.

(b) In the Northwestern District, salmon may be taken during the open season from September 1 through September 30 only during fishing periods established by emergency order. Unless otherwise specified by emergency order, before September 1, salmon may be taken in the Northwestern District only during the open season in the

(1) Izembek-Moffet Bay Section, from 6:00 a.m. Monday until 6:00 p.m. Thursday;

(2) Bechevin Bay Section, only during fishing periods established by emergency order;

(3) Urilia Bay Section, only during fishing periods established by emergency order;

(4) Dublin Bay Section, from 6:00 a.m. Monday until 6:00 p.m. Thursday;

(5) Swanson Lagoon Section, only during fishing periods established by emergency order.

(c) Salmon may be taken only during the open season in the Unimak District during fishing periods established by emergency order.

(d) Salmon may be taken only during the open season in the Southwestern District only during fishing periods established by emergency order.

(e) Salmon may be taken only during the open season in the South Central District only during fishing periods established by emergency order.

(f) Salmon may be taken only during the open season in the Southeastern District only during fishing periods established by emergency order.

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 09.330 Gear {#sec-5-aac-09.330 omnilex-key=us-ak-regs-official--title-5--5 AAC 09.330}

(a) In the Northern District, salmon may be taken in the

(1) Cinder River Section: with drift gillnets or set gillnets only;

(2) Inner Port Heiden Section: with drift gillnets or set gillnets only;

(3) Ilnik Section: with drift gillnets or set gillnets only;

(4) Three Hills Section: with drift gillnets only;

(5) Bear River Section: with drift gillnets, purse seines, and hand purse seines;

(6) Port Moller Bight Section: with drift gillnets, set gillnets, purse seines, and hand purse seines;

(7) Herendeen-Moller Bay Section: with drift gillnets, set gillnets, purse seines, and hand purse seines;

(8) Nelson Lagoon Section: with drift gillnets or set gillnets;

(9) Black Hills Section: with drift gillnets or set gillnets only;

(10) Outer Port Heiden Section: with drift gillnets only.

(b) In the Northwestern District, salmon may be taken with drift gillnets, set gillnets, purse seines, and hand purse seines.

(c) In the Unimak District, salmon may be taken with drift gillnets, set gillnets, purse seines, and hand purse seines. Salmon may be taken by gillnet gear during periods when the seine fishery is closed by emergency order due to the presence of immature salmon.

(d) In the Southwestern District, salmon may be taken only with purse seines, hand purse seines, and set gillnets, except that

(1) salmon may also be taken with drift gillnets

(A) in the waters of the Ikatan Bay Section west of a line from Kenmore Head to Hague Rocks to the easternmost tip of the Sanak Islands;

(B) from June 1 through June 30, in the waters

(i) south and east of a line from Cape Pankof Light at 54° 39.60' N. lat., 163° 03.70' W. long., to Thin Point at 54° 57.32' N. lat., 162° 33.50' W. long.; and

(ii) south of a line from Thin Point at 54° 57.32' N. lat., 162° 33.50' W. long., to the northernmost tip of Stag Point at 54° 59.10' N. lat., 162° 18.10' W. long., on Deer Island to the southernmost tip of Dolgoi Cape at 55° 03.15' N. lat., 161° 44.35' W. long., on Dolgoi Island and south of the latitude of the northeastern tip of Dolgoi Island at 55° 07.50' N. lat., 161° 38.30' W. long.;

(2) repealed 3/19/78;

(3) salmon may be taken by gillnet gear during periods when the seine fishery is closed by emergency order due to the presence of immature salmon.

(e) In the South Central District, salmon may be taken with set gillnets, purse seines, and hand purse seines, except that

(1) repealed 3/19/78;

(2) within Canoe Bay, salmon may be taken only with purse seines and hand purse seines;

(3) repealed 6/2/88;

(4) salmon may be taken by set gillnet gear during periods when the seine fishery is closed by emergency order due to the presence of immature salmon.

(f) In the Southeastern District, salmon may be taken only with set gillnets, purse seines, and hand purse seines, except that

(1) salmon may be taken only with purse seines and hand purse seines in the area between Popof Head and Dark Cliffs (Popof Island) from June 1 through August 31; however, salmon may be taken by set gillnet during periods when the seine fishery is closed by emergency order due to the presence of immature salmon;

(2) repealed 3/19/78;

(3) salmon may be taken only with set gillnets from June 1 through July 10 in the Beaver Bay, Balboa Bay, Southwest Stepovak, Northwest Stepovak, Stepovak Flats, and East Stepovak Sections; however, if the department determines that the Orzinski Lake sockeye salmon escapement objectives have been exceeded as described in 5 AAC 09.360(k), beginning July 1, in addition to set gillnet gear, the commissioner may open, by emergency order, the waters of Orzinski Bay west of 160° 04.25' W. long. to fishing with purse seine and hand purse seine gear;

(4) salmon may be taken by set gillnet during periods when the seine fishery is closed by emergency order due to presence of immature salmon.

(g) Notwithstanding 5 AAC 39.240(a),

(1) a CFEC set gillnet permit holder may use a registered salmon fishing vessel, when it has set gillnet gear on board, to tow another registered salmon fishing vessel with set gillnet gear on board if the permit holder for the vessel being towed is on board one of the vessels;

(2) a registered salmon fishing vessel may transport no more than two legal limits of set gillnet fishing gear in the aggregate in an area that is open or closed to salmon fishing if two permit holders are on board the vessel, provided that, before transporting gear in an area that is open to salmon fishing under this subsection, the permit holders must receive authorization from the department and comply with any conditions specified.

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 09.331 Gillnet specifications and operations {#sec-5-aac-09.331 omnilex-key=us-ak-regs-official--title-5--5 AAC 09.331}

(a) The size and operation of drift gillnets is as follows:

(1) the aggregate length of drift gillnets on a salmon fishing boat or in use by such boat shall be no more than 200 fathoms in length;

(2) repealed 6/5/2016;

(3) in the Northwestern, Unimak, and Southwestern Districts, no drift gillnet may exceed 90 meshes in depth;

(4) in the Northern District, a drift gillnet may not exceed 70 meshes in depth, except that in the Nelson Lagoon Section a drift gillnet may not exceed 29 meshes in depth before August 16 and 38 meshes in depth from August 16 through September 30; a drift gillnet may have only one leadline, which may not exceed 60 fathoms per 50 fathoms of corkline, and no portion of the leadline may exceed 1.5 pounds per fathom.

(b) The size and operation of set gillnets is as follows:

(1) a set gillnet may be no more than 100 fathoms in length; the aggregate length of set gillnets operated by a CFEC permit holder may be no more than 200 fathoms; no more than two gillnet sites may be operated by a CFEC permit holder, except that in the

(A) Inner Port Heiden Section a set gillnet may be no more than 50 fathoms in length; the aggregate length of set gillnets operated by a CFEC permit holder may be no more than 100 fathoms; and no more than two gillnet sites may be operated by a CFEC permit holder;

(B) Ilnik Lagoon (portion of the Ilnik Section) a set gillnet may be no more than 50 fathoms in length; the aggregate length of set gillnets operated by a CFEC permit holder may be no more than 150 fathoms; and no more than three gillnet sites may be operated by a CFEC permit holder;

(C) in the Northwestern, Unimak, Southwestern, South Central, and Southeastern Districts, a set gillnet may not exceed 90 meshes in depth;

(2) set gillnets shall be operated in substantially a straight line; no more than 30 fathoms of each set gillnet may be used as a single hook;

(3) repealed 5/31/2019;

(4) in the Northern District, the maximum depth of a set gillnet may not exceed 70 meshes in depth; except that in the Nelson Lagoon Section, a set gillnet may not exceed 29 meshes in depth;

(5) in the Unimak, Southwestern, South Central, and Southeastern Districts, 25 fathoms of seine webbing may be used on the shoreward end of a set gillnet;

(6) during hours of darkness, each set gillnet must be marked with at least one red light on the seaward end of the net, and at least one red light on both ends of the net if that net is more than 300 feet from shore;

(7) in Swanson Lagoon, within the Swanson Lagoon Section of the Northwestern District, a person may not place a set gillnet in the water if that placement would result in more than 50 percent of the channel east of 163° 38.75' W. long. being blocked to the movement of boat traffic at any stage of the tide;

(8) in the Ilnik Section of the Northern District, a person may not place the seaward end of a set gillnet more than one-half mile from the permanent vegetation line of the beach, except that in the Cinder River Section and Seal Islands of the Ilnik Section a person may not place the seaward end of a set gillnet more than one-half mile from the mean high tide mark;

(9) in the Unimak District during the June fishery described in 5 AAC 09.365, a person may not place the shoreward end of a set gillnet further than one-half mile from the mean high tide mark;

History

Authority: AS 16.05.251

5 AAC 09.332 Seine specifications and operations {#sec-5-aac-09.332 omnilex-key=us-ak-regs-official--title-5--5 AAC 09.332}

(a) Purse seines or hand purse seines may not be less than 100 fathoms nor more than 250 fathoms in length. A purse seine or hand purse seine may not exceed 375 meshes in depth. Seine mesh may not be more than three and one-half inches, except that the first 25 meshes above the leadline may not be more than seven inches.

(b) Leads may not be less than 50 fathoms nor more than 150 fathoms in length. Only one lead may be used with a seine. A lead may be attached to only one end of a seine, and the lead may not be attached to the boat end of the seine.

History

Authority: AS 16.05.251

5 AAC 09.334 Identification of gear {#sec-5-aac-09.334 omnilex-key=us-ak-regs-official--title-5--5 AAC 09.334}

(a) Each drift gillnet in operation must have at each end a bright red keg, buoy, or cluster of floats plainly and legibly marked with the permanent vessel license plate (ADF&G) number of the vessel operating the gear, as well as the initials of the operator.

(b) Each set gillnet in operation must be identified as required by 5 AAC 39.280.

History

Authority: AS 16.05.251

5 AAC 09.335 Minimum distance between units of gear {#sec-5-aac-09.335 omnilex-key=us-ak-regs-official--title-5--5 AAC 09.335}

No part of a commercial set gillnet may be set or operated within 900 feet of any part of another commercial set gillnet, except that in the

(1) Inner Port Heiden Section no part of a set gillnet may be set or operated within 600 feet of any part of another set gillnet;

(2) Nelson Lagoon Section no part of a set gillnet may be set or operated within 1,800 feet of any part of another operating set gillnet.

History

Authority: AS 16.05.251

5 AAC 09.342 Vessel identification {#sec-5-aac-09.342 omnilex-key=us-ak-regs-official--title-5--5 AAC 09.342}

Repealed 4/18/86.

5 AAC 09.350 Closed waters {#sec-5-aac-09.350 omnilex-key=us-ak-regs-official--title-5--5 AAC 09.350}

Salmon may not be taken in the following locations:

(1) Cape Menshikof: waters of the Cinder River Section located north and east of a line extending 304° from a point on the shore at 57° 24.40' N. lat., 158° 03.00' W. long.;

(2) Cinder River Lagoon: waters enclosed by a line from 57° 20.00' N. lat., 158° 08.02' W. long. to 57° 21.30' N. lat., 158° 02.63' W. long.;

(3) Outer Port Heiden: waters of the Outer Port Heiden Section

(A) repealed 6/5/2016;

(B) east of a line from 57° 05.52' N. lat., 158° 34.45' W. long. to 57° 08.85' N. lat., 158° 37.50' W. long.;

(4) Meshik River: waters upstream from a line crossing the river from a point at 56° 47.07' N. lat., 158° 41.10' W. long. to 56° 47.97' N. lat., 158° 38.75' W. long.; this is approximately one-half nautical mile upstream from the mean high tide mark in the mouth of the river and approximately at the lower line of the permanent vegetation line;

(5) Unangashak River: waters east of 159° 15.33' W. long.;

(6) Ilnik Lagoon: waters of Ilnik Lagoon and lake west of 159° 32.00' W. long.;

(7) Sandy River:

(A) from May 1 through July 26: waters within 2,000 yards of the terminus of the river;

(B) from July 27 through September 30: waters within 500 yards of the terminus of the river;

(8) Bear River:

(A) from May 1 through August 8: waters within 1,000 yards of the terminus of the river;

(B) from August 9 through September 30: waters within 500 yards of the terminus of the river;

(9) King Salmon River:

(A) from May 1 through July 15, waters within 1,000 yards of the stream terminus;

(B) after July 15, waters within 500 yards of the stream terminus;

(10) Frank's Lagoon: waters of the lagoon and within 500 yards outside the entrance;

(11) Herendeen Bay: from May 1 through July 20, waters within 500 yards of any salmon stream, unless otherwise specified in this chapter;

(12) Nelson Lagoon: waters of the lagoon and river (called Caribou, Nelson, and Lagoon River) flowing into the upper (west) end of Nelson Lagoon, upstream from a line from 55° 57.19' N. lat., 161° 21.52' W. long., to 55° 57.55' N. lat., 161° 22.09' W. long.;

(13) Caribou Flats: waters of the Caribou Flats Section;

(14) Amak Island and adjacent Sea Lion Rocks: waters within three nautical miles of the mean high tide mark around these islands and rocks;

(15) Applegate Cove-Norma Bay: waters south of a line from 55° 14.20' N. lat., 162° 53.20' W. long. to the southwest extremity of Norma Bay at 55° 10.50' N. lat., 163° 05.12' W. long.; this boundary aligns with the Cold Bay VORTAL cone and the headland located approximately two nautical miles south of the radar domes near Grant Point;

(16) Bechevin Bay:

(A) Saint Catherine Cove (Mike's Creek): waters within 1,000 yards of the stream located at 55° 00.80' N. lat., 163° 31.55' W. long.;

(B) Trader's Cove: waters north and east of a line from Morzhovoi Village (54° 54.65' N. lat., 163° 18.33' W. long.) to the base of Trader Mountain (54° 54.98' N. lat., 163° 18.50' W. long.);

(C) Warmsprings Bay: waters southeast of a line from a point on the south shore of the bay at 54° 56.40' N. lat., 163° 15.90' W. long. to a point on the north shore of the bay at 54° 57.20' N. lat., 163° 15.67' W. long.;

(17) Swanson Lagoon:

(A) from June 1 through August 31: waters enclosed by a line from 55° 02.15' N. lat., 163° 38.75' W. long. to 55° 02.13' N. lat., 163° 38.60' W. long.;

(B) from September 1 through September 30: waters enclosed by a line from 55° 02.15' N. lat., 163° 38.75' W. long. to 55° 02.17' N. lat., 163° 39.15' W. long.;

(18) Urilia Bay:

(A) Christianson Lagoon: waters of the lagoon and those waters within 500 yards of the lagoon's exit channel terminus at the ocean shoreline;

(B) Peterson Lagoon: waters of the lagoon from a point located 500 yards upstream from the lagoon outlet channel terminus at the ocean shoreline;

(19) Ikatan Bay: waters within 1,000 yards of the stream at 54° 45.18' N. lat., 163° 15.32' W. long. on the north shore of the Ikatan Peninsula that exit from Swede's Lake;

(20) Morzhovoi Bay:

(A) Middle Lagoon: waters of the lagoon and within 1,000 yards of its entrance;

(B) Littlejohn Lagoon: waters of the lagoon and within 500 yards of its entrance at the narrows;

(21) Thin Point Cove and Lagoon: waters north and west of a line from the tip of Thin Point westward to a point on the shore at 54° 57.58' N. lat., 162° 42.40' W. long.;

(22) Cold Bay:

(A) Old Man Lagoon, Mortensen Lagoon, and Nurse Lagoon: waters of the lagoons and within 500 yards outside their entrances;

(B) Lenard Harbor: waters east of a line from 55° 06.00' N. lat., 162° 23.10' W. long. to a point on the north shore at 55° 06.95' N. lat., 162° 23.20' W. long. and within 1,000 yards of any salmon stream west of 55° 06.95' N. lat., 162° 23.20' W. long., including Barney's Creek;

(D) Trout Creek: waters within 1,000 yards of the stream terminus;

(23) Deer Island: waters within 200 yards of any salmon stream on Deer Island;

(24) Belkofski Bay: waters north and east of a line from 55° 09.28' N. lat., 162° 08.32' W. long. to 55° 08.07' N. lat., 162° 07.20' W. long. and then to 55° 07.33' N. lat., 162° 07.60' W. long.;

(25) Volcano and Bear Bay:

(A) waters north of a line from 55° 13.33' N. lat., 162° 01.40' W. long. to 55° 13.83' N. lat., 161° 58.20' W. long.;

(B) waters of Bear Bay west of 162° W. long. and locally known as Little Bear Bay;

(26) Long John Lagoon: waters of the lagoon and within 500 yards outside of its entrance;

(27) Pavlof Bay:

(A) Chinaman Lagoon and Jackson Lagoon: waters of the lagoons and within 1,000 yards outside of their entrances;

(B) Dry Lagoon: waters of the lagoon and within 500 yards of its entrance;

(28) Bay Point: waters of the lagoon and within 500 yards of the lagoon entrance;

(29) Zachary Bay: waters of the inner bay south and west of a line extending from the inner edge of the permanent vegetation line of the sand spit to the west of the tip of the prominent point of land approximately one and one-third nautical miles inside Quartz Point;

(30) Balboa Bay:

(A) waters north of a line extending west from Reef Point;

(B) waters of Lefthand Bay west of a line from 55° 31.60' N. lat., 160° 43.00' W. long. to 55° 33.10' N. lat., 160° 42.10' W. long.;

(31) San Diego Bay: waters of the lagoon at the head of this bay and within 500 yards outside of the lagoon's entrance, except that from July 19 through August 31 the closure includes all waters west of a line from the reef at 55° 33.10' N. lat., 160° 26.60' W. long. to the headland at 55° 33.97' N. lat., 160° 25.90' W. long.;

(32) Dorenoi Bay:

(A) repealed 6/2/2010;

(B) after July 25, waters within 500 yards of the terminus of any salmon stream;

(33) Chichagof Bay: waters of the lagoon and within 500 yards of the lagoon entrance;

(34) Orzinski Bay (Orzenoi): waters within 1,000 yards of any salmon stream;

(35) Grub Gulch: waters north of 55° 48.25' N. lat.;

(36) Stepovak Bay:

(A) from June 1 through July 28, waters within 500 yards of any salmon stream or lagoon, unless otherwise specified in this chapter;

(B) from July 29 through September 30, waters north of a line extending east from Dent Point at 55° 47.25' N. lat., 159° 52.00' W. long. to a point on the Kupreanof Peninsula at 55° 46.93' N. lat., 159° 38.70' W. long.;

(37) from July 6 through August 31, waters of Alaska in the East Stepovak Section between a line extending 135° from Kupreanof Point at 55° 33.98' N. lat., 159° 35.88' W. long. and a line extending 207° from 55° 34.50' N. lat., 159° 37.53' W. long.; from September 1 through September 30, the commissioner shall close, by emergency order, the waters specified in this paragraph when the waters specified in 5 AAC 15.350(20) are closed to conserve coho salmon.

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 09.355 Salmon processor and buyer reporting requirements {#sec-5-aac-09.355 omnilex-key=us-ak-regs-official--title-5--5 AAC 09.355}

The operator of a floating salmon processing vessel or tender, or of a shorebased processing operation, and a company employing aircraft used for transporting salmon, shall report in person, or by radio or telephone, to a local representative of the department located in the management area of intended operation before the start of processing or buying operations. The report must include the location and the date of intended operation, and identify and describe each vessel or other method of transport employed in hauling or processing salmon.

History

Authority: AS 16.05.251
Eff. 6/2/88, Register 106

5 AAC 09.360 Southeastern District Mainland Salmon Management Plan {#sec-5-aac-09.360 omnilex-key=us-ak-regs-official--title-5--5 AAC 09.360}

(a) The purpose of this management plan is to provide guidelines to the department for the management of the interception of Chignik River sockeye salmon caught in the Southeastern District Mainland fishery conducted in the East Stepovak, Stepovak Flats, Northwest Stepovak, Southwest Stepovak, Balboa Bay, and Beaver Bay Sections. Except as specified in 5 AAC 09.330(f)(3), before July 11, only set gillnet gear may be used in these sections. For the purpose of the management plan in this section, local runs include only those salmon in the waters

(1) beginning July 1, in the Northwest Stepovak Section described in 5 AAC 09.200(f);

(2) in the Stepovak Flats Section described in 5 AAC 09.200(f).

(b) In years when the department expects a harvestable surplus for the early-run and late-run optimal escapement goals for Chignik River system sockeye salmon to be less than 600,000 fish, a commercial salmon fishery is not allowed in the East Stepovak, Stepovak Flats, Southwest Stepovak, Balboa Bay, and Beaver Bay Sections, and in the Northwest Stepovak Section, excluding Orzinski Bay north of a line from Elephant Point 55° 41.92'N. lat., 160° 03.20' W. long. to Waterfall Point at 55° 43.18' N. lat., 160° 01.13' W. long., until the department projects a harvest of 300,000 sockeye salmon in the Chignik Area described in 5 AAC 15.100. After July 8, if at least 300,000 sockeye salmon have been harvested in the Chignik Area, and if the optimal escapement goals are being met, the department shall manage the fishery so that the number of sockeye salmon harvested in the Chignik Area will be at least 600,000 fish and the number of sockeye salmon destined for the Chignik River that are harvested in the East Stepovak, Stepovak Flats, Southwest Stepovak, Balboa Bay, and Beaver Bay Sections, and before July 1 in the Northwest Stepovak Section, approaches as near as possible 7.6 percent of the sockeye salmon harvest in the Chignik Area.

(c) In years when the department expects a harvestable surplus for the early-run and late-run optimal escapement goals for Chignik River sockeye salmon to be more than 600,000 fish but the early-run fails to develop as expected and it is determined that a total sockeye salmon harvest in the Chignik Area of 600,000 or more fish may not be achieved, the commercial salmon fishery in the East Stepovak, Stepovak Flats, Southwest Stepovak, Balboa Bay, and Beaver Bay Sections, and in the Northwest Stepovak Section, excluding Orzinski Bay north of a line from Elephant Point 55° 41.92' N. lat., 160° 03.20' W. long., to Waterfall Point at 55° 43.18' N. lat., 160° 01.13' W. long., must be curtailed until the department projects a harvest in the Chignik Area of at least 300,000 sockeye salmon through July 8 if that number of fish are determined to be surplus to the escapement goals of the Chignik River system. After July 8, if at least 300,000 sockeye salmon have been harvested in the Chignik Area, and if escapement goals are being met, the department shall manage the fishery so that the number of sockeye salmon harvested in the Chignik Area is at least 600,000 fish and the number of sockeye salmon destined for the Chignik River that are harvested in the East Stepovak, Stepovak Flats, Southwest Stepovak, Balboa Bay, and Beaver Bay Sections, and before July 1 in the Northwest Stepovak Section, approaches as near as possible 7.6 percent of the sockeye salmon harvest in the Chignik Area.

(d) In years when the department expects a harvestable surplus of at least 600,000 fish greater than the early-run and late-run optimal escapement goals for Chignik River sockeye salmon and the department determines that the runs are as strong as expected, the department shall manage the fishery so that the number of sockeye salmon destined for the Chignik River that are harvested in the East Stepovak, Stepovak Flats, Southwest Stepovak, Balboa Bay, and Beaver Bay Sections, and before July 1 in the northwest Stepovak Section, approaches as near as possible 7.6 percent of the sockeye salmon harvest in the Chignik Area.

(e) Beginning July 1,

(1) in the Northwest Stepovak Section, excluding Orzinski Bay north of a line from Elephant Point at 55° 41.92' N. lat., 160° 03.20' W. long. to Waterfall Point at 55° 43.18' N. lat., 160° 01.13' W. long., commercial fishing may not be open for more than an aggregate of 96 hours during a seven-day period;

(2) if the department expects the Orzinski Bay escapement to reach or exceed the upper bound of the sockeye salmon escapement goal range, the commissioner may, by emergency order, open the Northwest Stepovak Section, including all of Orzinski Bay with fishing periods as follows:

(A) set gillnet gear will be allowed to operate continuously through 12:00 midnight July 25;

(B) purse seine and hand purse seine gear will be allowed to operate as specified in (1) of this subsection;

(3) if the department expects that the sockeye salmon escapement goal will be met or exceeded, the waters of Orzinski Bay may be open to commercial salmon fishing continuously to

(A) set gillnet gear through July 10; and

(B) set gillnet gear, hand purse seine, and purse seine gear from July 11 through July 25.

(f) The estimate of sockeye salmon destined for the Chignik River has been determined to be 80 percent of the sockeye salmon harvested in the East Stepovak, Stepovak Flats, Southwest Stepovak, Balboa Bay, and Beaver Bay Sections, and before July 1 in the Northwest Stepovak Section. Beginning July 1, all sockeye salmon taken in the Northwest Stepovak Section are considered to be destined for Orzinski Bay.

(g) The percentage of sockeye salmon destined for the Chignik River that are harvested in the Southeastern District Mainland fishery may be permitted to fluctuate above or below 7.6 percent of sockeye salmon harvest in the Chignik Area at any time before July 25.

(h) The allocation method described in (a) - (g) of this section is in effect through July 25. The commissioner may not open the first fishing period of the commercial salmon fishing season in the East Stepovak, Southwest Stepovak, Balboa Bay, and Beaver Bay Sections, and before July 1 in the Northwest Stepovak Section, before the first fishing period of the commercial salmon fishing season in the Chignik Area. After July 25, the commissioner may open, by emergency order, commercial salmon fishing in the entire Southeastern District Mainland area for local stocks.

(i) During the period from approximately June 26 through July 8, the strength of the second run of the Chignik River system sockeye salmon cannot be evaluated. In order to prevent overharvest of the second run, the department may disallow or severely restrict commercial salmon fishing in the East Stepovak, Stepovak Flats, Southwest Stepovak, Balboa Bay, and Beaver Bay Sections during this period, and from June 26 through June 30 in the Northwest Stepovak Section.

(j) The commissioner shall open all commercial fishing periods by emergency order. Before commencement of the first commercial salmon fishing period of the season, the department shall give at least 24 hours' notice. For subsequent fishing periods, the department shall give at least 12 hours' notice. If an existing fishing period is extended, the department shall give notice of the extension as soon as possible before the end of the existing fishing period.

(k) Notwithstanding any other provision of this section, from July 1 through July 10, if the department determines that the Orzinski Lake sockeye salmon escapement objectives have been exceeded, in addition to set gillnet gear, the commissioner may open, by emergency order, the waters of Orzinski Bay west of 160° 04.25' W. long. to fishing with purse seine and hand purse seine gear.

(l) From July 26 through October 31,

(1) the department shall manage the fishery based on the abundance of local pink, chum, and coho salmon stocks;

(2) there must be at least one closed 36-hour period within a seven-day period, excluding Orzinski Bay when the department is managing for local sockeye salmon.

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 09.365 South Unimak and Shumagin Islands June Salmon Management Plan {#sec-5-aac-09.365 omnilex-key=us-ak-regs-official--title-5--5 AAC 09.365}

(a) The South Unimak and Shumagin Islands June fisheries harvest both sockeye salmon and chum salmon in a mixed stock fishery during the month of June. The sockeye salmon are predominantly Bristol Bay and Alaska Peninsula origin. The chum salmon are bound for a number of areas, including Japan, Russia, the Arctic-Yukon-Kuskokwim, Bristol Bay, the Alaska Peninsula, and southcentral Alaska. These salmon stocks have historically been harvested along the south Alaska Peninsula during the month of June. This management plan is intended to be consistent with the Policy for the Management of Sustainable Salmon Fisheries (5 AAC 39.222) and the Policy for the Management of Mixed Stock Salmon Fisheries (5 AAC 39.220).

(b) The South Unimak fishery takes place in the Unimak District, the Southwestern District, the East Pavlof Bay and the West Pavlof Bay Sections of the South Central District, and the Bechevin Bay Section of the Northwestern District.

(d) In the South Unimak and Shumagin Islands fisheries, the commissioner may establish, by emergency order, commercial fishing periods as follows:

(1) for set gillnet gear,

(A) beginning June 6, commercial fishing periods will begin at 6:00 a.m. and run 64 hours until 10:00 p.m. two days later; beginning June 10, commercial fishing periods will begin at 6:00 a.m. and run 88 hours until 10:00 p.m. three days later; commercial fishing will then close for 32 hours and reopen at 6:00 a.m. two days later;

(B) notwithstanding (A) of this paragraph, the final commercial fishing period will end at 10:00 p.m. on June 28;

(2) for seine gear, beginning June 10, the first commercial fishing period will begin at 5:59 a.m., then close after 68 hours at 1:59 a.m.; the second commercial fishing period will begin 76 hour later at 5:59 a.m., then close after 66 hours at 11:59 p.m.; the third commercial fishing period will begin 32 hours later at 7:59 a.m., then close after 88 hours at 11:59 p.m.; the final commercial fishing period in June will begin 32 hours later at 7:59 a.m. then close after 88 hours at 11:59 p.m.;

(3) for drift gillnet gear, beginning June 10, commercial fishing periods will begin at 6:00 a.m. and run 88 hours until 10:00 p.m. three days later; commercial fishing will then close for 32 hours and reopen at 6:00 a.m. two days later; the final commercial fishing period will end at 10:00 p.m. on June 28.

(e) All salmon caught by a CFEC permit holder must be retained, and each CFEC permit holder must report the number of salmon caught, including those taken but not sold, on an ADF&G fish ticket. For the purposes of this subsection, "caught" means brought on board the vessel.

(f) Notwithstanding (d) of this section, commercial salmon fishing will close in the waters of the Volcano Bay Section of the Southwestern District south and east of a line from Arch Point Light at 55° 12.30' N. lat., 161° 54.30' W. long. to a point on Belkofski Peninsula at 55° 09.50' N. lat., 161° 57.80' W. long. and in the portion of the West Pavlof Bay Section south of Black Point (55° 24.48' N. lat.), if the harvest of sockeye salmon from the South Central District, the Volcano Bay Section of the Southwestern District, and the Belkofski Bay Section, excluding those waters inside of a line between Vodapoini Point and Bold Cape, reaches 191,000 sockeye salmon based on fish ticket information.

(g) Notwithstanding (d) of this section, commercial salmon fishing is closed to purse seine gear in the waters of the Volcano Bay Section of the Southwestern District, the Belkofski Bay Section of the Southwestern District, excluding those waters inside of a line between Vodapoini Point at 55° 01.88' N. lat., 162° 24.80' W. long., and Bold Cape at 55° 01.24' N. lat., 162° 16.40' W. long., and the South Central District.

(h) If chum salmon harvest equals or exceeds 300,000 fish by June 18, based on fish ticket information, the commissioner shall reduce commercial fishing time in the South Unimak and Shumagin Islands June fisheries by 44 hours during each of the remaining fishing periods in June for purse seine gear. If chum salmon harvest equals or exceeds 450,000 fish by June 23, based on fish ticket information, the commissioner shall close commercial salmon fishing in the South Unimak and Shumagin Islands June fisheries for the remainder of June for purse seine gear.

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 09.366 Post-June Salmon Management Plan for the South Alaska Peninsula {#sec-5-aac-09.366 omnilex-key=us-ak-regs-official--title-5--5 AAC 09.366}

(a) The purpose of this management plan is to provide management guidelines to the department for the management of the post-June salmon fisheries along the South Alaska Peninsula, to provide for the harvest of local stocks in terminal harvest areas, and to establish fishing periods for the South Alaska Peninsula salmon fisheries outside of terminal harvest areas.

(b) The commissioner shall establish, to the extent practicable, concurrent fishing periods in the Southeastern, South Central, Southwestern, and Unimak Districts.

(1) except as specified in (d), for July, from 7:00 a.m. to 9:00 p.m.;

(2) for August, from 8:00 a.m. to 9:00 p.m.;

(3) for September and October, from 9:00 a.m. to 8:00 p.m.;

(4) repealed 1/15/2003.

(d) Notwithstanding (c)(1) of this section, from July 6 through July 31, the commissioner may establish, by emergency order, fishing periods as follows:

(1) the first fishing period will begin at 6:00 a.m. and run 33 hours until 3:00 p.m. the following day; commercial fishing will then close for 63 hours and reopen under (2) of this subsection;

(2) following the closure under (1) of this subsection, commercial fishing periods will begin at 6:00 a.m. and close at 6:00 p.m. the following day; commercial fishing will then close for 60 hours and reopen at 6:00 a.m. three days later.

(e) Repealed 6/4/2004.

(f) Notwithstanding any other provision of this section, the commissioner may open, by emergency order, the following terminal harvest areas to salmon fishing from July 6 through July 21:

(1) the Shumagin Islands Section of the Southeastern District, waters of Zachary Bay south of the latitude of 55° 22.60' N. lat.; fishing periods shall be established based on the abundance of pink and chum salmon stocks;

(2) the East and West Pavlof Bay Sections of the South Central District, waters north of the latitude of Black Point (55° 24.48' N. lat.); fishing periods shall be established based on the abundance of pink and chum salmon stocks;

(3) the Canoe Bay Section of the South Central District; fishing periods shall be established based on the abundance of pink and chum salmon stocks;

(4) in the Cold Bay, Thin Point, and Morzhovoi Bay Sections of the Southwestern District as follows:

(A) fishing periods in the Cold Bay Section shall be established based on the abundance of sockeye and chum salmon stocks;

(B) fishing periods in the Thin Point Cove and Morzhovoi Bay Sections shall be established based on the abundance of sockeye salmon stocks.

(g) Notwithstanding any other provision of this section, the commissioner may open, by emergency order, the terminal harvest areas specified in (f) of this section and the following terminal harvest areas to salmon fishing from July 22 through July 31:

(1) repealed 6/1/2013;

(2) repealed 6/1/2013;

(3) the Mino Creek-Little Coal Bay Section of the South Central District; fishing periods shall be established based on the abundance of local pink and chum salmon stocks;

(4) the Belkofski Bay Section of the Southwestern District; fishing periods shall be established based on the abundance of local pink and chum salmon stocks;

(5) the Deer Island Section of the Southwestern District; fishing periods shall be established based on the abundance of local pink salmon stocks.

(h) The commissioner may open, by emergency order, the commercial salmon fishery in the South Alaska Peninsula as follows:

(1) from August 1 through August 31, fishing periods shall be based on the abundance of local sockeye, coho, pink, and chum salmon stocks;

(2) from September 1 through October 31, fishing periods shall be based on abundance of coho salmon stocks, although the department may consider the abundance of late pink and chum salmon stocks.

(i) The department shall conduct a seine test fishery in the Shumagin Islands Section to assess the presence of immature salmon. If 100 or more immature salmon, per set, are present, the commissioner shall close, by emergency order, the seine fishery in an area to be determined by the department. If the seine fishery is closed in an area under this subsection, the set gillnet fishery shall remain open in that area. For the purposes of this subsection, "immature salmon, per set, are present" means the number of immature king, sockeye, coho, and chum salmon observed to be gilled in the seine web.

(j) Notwithstanding (c) and (d) of this section, commercial salmon fishing will close in the waters of the Volcano Bay Section of the Southwestern District south and east of a line from Arch Point at 55° 12.30' N. lat., 161° 54.30' W. long. to a point on Belkofski Peninsula at 55° 09.50' N. lat., 161° 57.80' W. long. and in the portion of the West Pavlof Bay Section south of Black Point (55° 24.48' N. lat.), if the harvest of sockeye salmon from the South Central District, the Volcano Bay Section of the Southwestern District, and the Belkofski Bay Section, excluding those waters inside of a line between Vodapoini Point and Bold Cape, from the opening of the commercial salmon season through July 25 reaches 191,000 sockeye salmon based on fish ticket information. If the waters described in this subsection are closed, that portion of the West Pavlof Bay Section south of Black Point (55° 24.48' N. lat.) will reopen to commercial salmon fishing on July 17 consistent with (c) and (d) of this section.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 5/28/92, Register 122; am 4/18/96, Register 138; am 5/31/98, Register 146; am 6/22/2001, Register 158; am 1/15/2003, Register 165; am 6/4/2004, Register 170; am 2/16/2006, Register 177; am 6/2/2010, Register 194; am 6/1/2013, Register 206; am 6/5/2016, Register 218

5 AAC 09.369 Northern District Salmon Fisheries Management Plan {#sec-5-aac-09.369 omnilex-key=us-ak-regs-official--title-5--5 AAC 09.369}

(a) The purpose of this management plan is to provide guidelines to the department for the management of salmon stocks in the Northern District of the Alaska Peninsula Management Area.

(b) The department shall manage the Northern District salmon fisheries on the basis of salmon abundance as determined by escapement information and catch-per-unit-effort information. The department shall manage each section of the Northern District as specified in this management plan and 5 AAC 09.320.

(1) before July 1, fishing periods may be modified based on the abundance of king and sockeye salmon stocks;

(2) from July 1 through August 15, fishing periods may be modified based on the abundance of sockeye and chum salmon stocks; and

(3) after August 15, fishing periods may be modified based on the abundance of coho salmon stocks.

(d) The Caribou Flats Section is closed to commercial salmon fishing.

(e) In the Nelson Lagoon Section,

(1) from May 1 through June 15, fishing periods may be modified based on the abundance of Nelson Lagoon king salmon stocks;

(2) from June 16 through August 15, fishing periods may be modified based on sockeye salmon escapement and harvest information in Nelson Lagoon; and

(3) after August 15, fishing periods may be modified based on the abundance of Nelson Lagoon coho salmon stocks.

(f) In the Herendeen-Moller Bay Section, fishing periods for pink and chum salmon stocks may be modified so that pink salmon fishing periods will not jeopardize local chum salmon stocks.

(g) In the Port Moller Bight Section, fishing periods may be modified based on the abundance of Bear River sockeye salmon stocks.

(h) In the Bear River Section, fishing periods may be modified based on sockeye salmon escapement to the Bear and Sandy Rivers. Before taking management actions in the Bear River Section during June, such as modification of fishing time and area by emergency order, the commissioner shall consider the king salmon runs into the King Salmon, Bear, and Sandy Rivers.

(i) In the Three Hills Section before July 21, fishing periods may be modified based on the abundance of sockeye salmon stocks in the Bear, Sandy, and Ilnik Rivers. Beginning July 21, fishing periods in the Three Hills Section may be modified based on the abundance of sockeye salmon stocks in the Bear and Sandy Rivers. When sockeye salmon escapement objectives in the Bear or Sandy Rivers are not being met, the commissioner may close, by emergency order, a portion of the Bear River and Three Hills Sections. If sockeye salmon escapements into the Ilnik River, or the Ocean River when the Ocean River flows directly into the Bering Sea, are not being met and area closures in the Ilnik Section are not effective for meeting the sockeye salmon escapement goals, the commissioner may close, by emergency order, the eastern portion of the Three Hills Section.

(j) In the Ilnik Section,

(1) notwithstanding 5 AAC 09.320(a)(4), from June 20 through July 20,

(A) commercial salmon fishing will be permitted in the Ilnik Section

(i) southwest of the Unangashak Bluffs based on the abundance of Ilnik River sockeye salmon; and

(ii) northeast of the Unangashak Bluffs based on the abundance of Meshik River and Ilnik River sockeye salmon, combined;

(B) if the commissioner closes that portion of the Egegik District specified in 5 AAC 06.359(c) for conservation of Ugashik River sockeye salmon stocks, the commissioner may, by emergency order, close the Ilnik Section and immediately reopen the Ilnik Section, with additional fishing restrictions that the commissioner determines necessary;

(2) from July 21 through August 15, fishing periods may be modified in the Ilnik Section based on the abundance of Bear River sockeye salmon stocks;

(3) after August 15, fishing periods may be modified in the Ilnik Section based on the abundance of

(A) coho salmon stocks in the Unangashak and Ilnik Rivers, and the Ocean River when the Ocean River flows directly into the Bering Sea; and

(B) the Bear River late-run sockeye salmon stock.

(k) In the Inner Port Heiden Section, fishing periods may be modified based on the abundance of king salmon stocks during May and June, sockeye salmon stocks during July, and coho salmon stocks after July.

(l) The Outer Port Heiden Section is open from June 20 through July 31 to commercial salmon fishing in those waters west of a line from 57° 05.52' N. lat., 158° 34.45' W. long. to 57° 08.85' N. lat., 158° 37.50' W. long. based on the abundance of Meshik River sockeye salmon. If the commissioner closes the portion of the Egegik District as specified in 5 AAC 06.359(c) for the conservation of Ugashik River sockeye salmon stocks, the commissioner may, by emergency order, close the Outer Port Heiden Section, and immediately reopen the Outer Port Heiden Section, with additional fishing restrictions that the commissioner determines necessary.

(m) In the Cinder River Section, fishing periods may be modified based on the abundance of king salmon stocks during May and June, sockeye salmon stocks during July, and coho salmon stocks after July.

(n) From June 20 through July 31, the department shall manage the Bear River, Three Hills, and Ilnik Sections to conserve Bear River and Nelson River sockeye salmon stocks by allowing the passage of sockeye salmon from the northeast to the southwest of the Northern District as described in this subsection. Notwithstanding the provisions of 5 AAC 09.320, from June 20 through July 31, the commissioner shall, by emergency order, establish fishing periods for the Bear River and Three Hills Sections and that portion of the Ilnik Section between the longitude of Unangashak Bluffs and the longitude of Three Hills at 159° 49.45' W. long., during which the waters that are between the three-mile seaward boundary line, described in 5 AAC 09.301, and a line that is one and one-half miles shoreward of the three-mile seaward boundary are closed for one 24-hour period during a seven-day period. The waters located to the southwest of the open waters where a 24-hour closure has occurred will have sequential closures that allow fishing only in the waters out to the one and one-half mile line described in this subsection for the first 24 hours of an open fishing period. The provisions of this subsection do not apply after December 31, 2018.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 5/31/98, Register 146; am 6/4/2004, Register 170; am 6/13/2004, Register 170; am 2/16/2006, Register 177; am 5/30/2007, Register 182; am 7/1/2007, Register 182; am 6/2/2010, Register 194; am 6/1/2013, Register 206; am 6/5/2016, Register 218

5 AAC 09.378 Prohibitions on use of aircraft {#sec-5-aac-09.378 omnilex-key=us-ak-regs-official--title-5--5 AAC 09.378}

A person may not use or employ an aircraft to locate salmon for the commercial taking of salmon or to direct commercial fishing operations in the Alaska Peninsula Area one hour before, during, and one hour after a commercial salmon fishing period.

History

Authority: AS 16.05.251
Eff. 5/31/98, Register 146

5 AAC 09.392 Net pens and other holding devices in the Alaska Peninsula Area {#sec-5-aac-09.392 omnilex-key=us-ak-regs-official--title-5--5 AAC 09.392}

Repealed.

History

Eff. 5/30/2007, Register 182; repealed 6/1/2013, Register 206

Article 4 (Repealed)

5 AAC 09.410 was repealed as of Register 110 {#sec-5-aac-09.410 omnilex-key=us-ak-regs-official--title-5--5 AAC 09.410}

5 AAC 09.510. Fishing season and periods.

Repealed.

Article 7 (Repealed)

5 AAC 11.001 Application and intent of this chapter {#sec-5-aac-11.001 omnilex-key=us-ak-regs-official--title-5--5 AAC 11.001}

Repealed.

History

Eff. 5/13/92, Register 122; repealed 12/31/94, Register 134

5 AAC 11.002 Application of this chapter {#sec-5-aac-11.002 omnilex-key=us-ak-regs-official--title-5--5 AAC 11.002}

History

Authority: AS 16.05.251
Eff. 5/17/95, Register 134; am 5/31/98, Register 146

5 AAC 11.100 Description of area {#sec-5-aac-11.100 omnilex-key=us-ak-regs-official--title-5--5 AAC 11.100}

Repealed.

History

Eff. 5/13/92, Register 122; repealed 12/31/94, Register 134

5 AAC 11.101 Description of area {#sec-5-aac-11.101 omnilex-key=us-ak-regs-official--title-5--5 AAC 11.101}

The Atka-Amlia Islands Area includes the waters of Alaska between Seguam Pass (172° 50.00' W. long.) and Atka Pass (175° 23.00' W. long.).

History

Authority: AS 16.05.251
Eff. 5/17/95, Register 134; am 5/31/98, Register 146

5 AAC 11.106 Use of global positioning system (GPS) {#sec-5-aac-11.106 omnilex-key=us-ak-regs-official--title-5--5 AAC 11.106}

In the Atka-Amlia Islands Area, boundaries, lines, and coordinates are identified with the global positioning system (GPS). If the global positioning system is not operating, the boundaries, lines, and coordinates are as identified by ADF&G regulatory markers.

History

Authority: AS 16.05.251
Eff. 6/4/2004, Register 170

Article 3 Salmon Fishery

5 AAC 11.310 Fishing seasons {#sec-5-aac-11.310 omnilex-key=us-ak-regs-official--title-5--5 AAC 11.310}

Repealed.

History

Eff. 5/13/92, Register 122; repealed 12/31/94, Register 134

5 AAC 11.311 Fishing seasons {#sec-5-aac-11.311 omnilex-key=us-ak-regs-official--title-5--5 AAC 11.311}

Salmon may be taken only from August 1 through August 31.

History

Authority: AS 16.05.251
Eff. 5/17/95, Register 134

5 AAC 11.320 Weekly fishing periods {#sec-5-aac-11.320 omnilex-key=us-ak-regs-official--title-5--5 AAC 11.320}

Repealed.

History

Eff. 5/13/92, Register 122; repealed 12/31/94, Register 134

5 AAC 11.321 Weekly fishing periods {#sec-5-aac-11.321 omnilex-key=us-ak-regs-official--title-5--5 AAC 11.321}

Salmon may be taken only from 6:00 a.m. to 6:00 p.m. Mondays, Wednesdays, and Fridays.

History

Authority: AS 16.05.251
Eff. 5/17/95, Register 134

5 AAC 11.330 Gear {#sec-5-aac-11.330 omnilex-key=us-ak-regs-official--title-5--5 AAC 11.330}

Repealed.

History

Eff. 5/13/92, Register 122; repealed 12/31/94, Register 134

5 AAC 11.331 Gillnet specifications and operation {#sec-5-aac-11.331 omnilex-key=us-ak-regs-official--title-5--5 AAC 11.331}

Repealed.

History

Eff. 5/13/92, Register 122; repealed 12/31/94, Register 134

5 AAC 11.332 Seine specifications and operation {#sec-5-aac-11.332 omnilex-key=us-ak-regs-official--title-5--5 AAC 11.332}

Repealed.

History

Eff. 5/13/92, Register 122; repealed 12/31/94, Register 134

5 AAC 11.333 Gear {#sec-5-aac-11.333 omnilex-key=us-ak-regs-official--title-5--5 AAC 11.333}

Salmon may be taken only by purse seines and set gillnets. A purse seine may be operated only by the holder of an Area M CFEC purse seine limited entry permit.

History

Authority: AS 16.05.251
Eff. 5/17/95, Register 134

5 AAC 11.334 Gillnet specifications and operations {#sec-5-aac-11.334 omnilex-key=us-ak-regs-official--title-5--5 AAC 11.334}

The size and operation of a set gillnet are as follows:

(1) a set gillnet may not exceed 100 fathoms in length; a CFEC permit holder may not operate more than one set gillnet;

(2) a set gillnet must be operated in a substantially straight line, with no more than 25 fathoms of the offshore end set in any configuration;

(3) the mesh size of a set gillnet may not exceed five inches;

(4) the maximum depth of a set gillnet may not exceed 90 meshes;

(5) 25 fathoms of seine webbing may be used as a lead, and must be attached to the shoreward end of a set gillnet; the shoreward end of the lead or gillnet must be attached to the beach above high tide and must remain dry at all times;

(6) during hours of darkness, a set gillnet must be marked with at least one red light on the seaward end of the net.

History

Authority: AS 16.05.251
Eff. 5/17/95, Register 134

5 AAC 11.335 Seine specifications and operations {#sec-5-aac-11.335 omnilex-key=us-ak-regs-official--title-5--5 AAC 11.335}

(a) A purse seine must be at least 100 fathoms long, but may not exceed 250 fathoms in length.

(b) A seine lead must be at least 25 fathoms long, but may not exceed 150 fathoms in length.

History

Authority: AS 16.05.251
Eff. 5/17/95, Register 134

5 AAC 11.341 Vessel length {#sec-5-aac-11.341 omnilex-key=us-ak-regs-official--title-5--5 AAC 11.341}

Repealed.

History

Eff. 5/13/92, Register 122; repealed 12/31/94, Register 134

5 AAC 11.342 Vessel length {#sec-5-aac-11.342 omnilex-key=us-ak-regs-official--title-5--5 AAC 11.342}

A vessel used for setnet fishing may not exceed 29 feet in overall length.

History

Authority: AS 16.05.251
Eff. 5/17/95, Register 134

5 AAC 11.350 Closed waters {#sec-5-aac-11.350 omnilex-key=us-ak-regs-official--title-5--5 AAC 11.350}

Repealed.

History

Eff. 5/13/92, Register 122; repealed 12/31/94, Register 134

5 AAC 11.351 Closed waters {#sec-5-aac-11.351 omnilex-key=us-ak-regs-official--title-5--5 AAC 11.351}

The waters specified in 5 AAC 39.290 are closed to salmon fishing.

History

Authority: AS 16.05.251
Eff. 5/17/95, Register 134

5 AAC 11.370 Registration {#sec-5-aac-11.370 omnilex-key=us-ak-regs-official--title-5--5 AAC 11.370}

Repealed.

History

Eff. 5/13/92, Register 122; repealed 12/31/94, Register 134

5 AAC 11.371 Registration {#sec-5-aac-11.371 omnilex-key=us-ak-regs-official--title-5--5 AAC 11.371}

An Atka-Amlia Islands Area seine and setnet permit holder shall register himself or herself and each vessel that the permit holder will use by contacting a department area management biologist in Dutch Harbor, Cold Bay, Sand Point, or other place specified by the department, at least 48 hours before the season opens or before beginning commercial fishing.

History

Authority: AS 16.05.251
Eff. 5/17/95, Register 134

5 AAC 11.392 Net pens and other holding devices in the Atka-Amlia Islands Area {#sec-5-aac-11.392 omnilex-key=us-ak-regs-official--title-5--5 AAC 11.392}

Repealed.

History

Eff. 5/30/2007, Register 182; repealed 6/1/2013, Register 206

Chapter 12 Aleutian Islands Area

Article 1 Description of Area

5 AAC 12.001 Application of this chapter {#sec-5-aac-12.001 omnilex-key=us-ak-regs-official--title-5--5 AAC 12.001}

History

Authority: AS 16.05.251

5 AAC 12.100 Description of area {#sec-5-aac-12.100 omnilex-key=us-ak-regs-official--title-5--5 AAC 12.100}

The Aleutian Islands Area includes the waters of Alaska in the Aleutian Islands west of Cape Sarichef Light and west of a line extending from Scotch Cap through the easternmost tip of Ugamak Island, including the waters surrounding the Pribilof Islands, except the Atka-Amlia Islands Area described in 5 AAC 11.101.

History

Authority: AS 16.05.251

Article 2 Fishing Districts and Sections

5 AAC 12.200 Description of districts and sections {#sec-5-aac-12.200 omnilex-key=us-ak-regs-official--title-5--5 AAC 12.200}

(a) Akutan District: all waters between Scotch Cap and Cape Sarichef Light and extending west to and including Akutan Pass. South of Scotch Cap, the eastern boundary of the district is a line extending from Scotch Cap through the easternmost tip of Ugamak Island.

(b) Unalaska District: all waters west of Akutan Pass to and including Umnak Pass

(1) Beaver Inlet Section: all waters between Cape Sedanka and Cape Kalekta and including Unalga Island;

(2) Unalaska Bay Section: all waters between Cape Kalekta and Cape Kovrizhka;

(3) Makushin Bay Section: all waters between Cape Kovrizhka and Spray Cape;

(4) Kashega Bay Section: all waters between Spray Cape and Konets Head;

(5) Southern Section: all waters between Konets Head and Cape Sedanka.

(d) Adak District: waters west of Atka Pass at 175° 23.00' W. long. to the terminus of the Aleutian Islands.

(e) Pribilof Islands District: all waters of Alaska surrounding the Pribilof Islands.

History

Authority: AS 16.05.251

5 AAC 12.206 Use of global positioning system (GPS) {#sec-5-aac-12.206 omnilex-key=us-ak-regs-official--title-5--5 AAC 12.206}

In the Aleutian Islands Area, boundaries, lines, and coordinates are identified with the global positioning system (GPS). If the global positioning system is not operating, the boundaries, lines, and coordinates are as identified by ADF&G regulatory markers.

History

Authority: AS 16.05.251
Eff. 6/4/2004, Register 170

Article 3 Salmon Fishery

5 AAC 12.310 Fishing seasons {#sec-5-aac-12.310 omnilex-key=us-ak-regs-official--title-5--5 AAC 12.310}

(a) Salmon may be taken only from July 10 through September 30, except that in the Kashega Bay Section, salmon may be taken only from June 1 through September 30.

(b) There is no open commercial fishing season for salmon in the Pribilof Islands District.

History

Authority: AS 16.05.251

5 AAC 12.320 Weekly fishing periods {#sec-5-aac-12.320 omnilex-key=us-ak-regs-official--title-5--5 AAC 12.320}

Salmon may be taken

(1) June 1 through July 18: from 6:00 a.m. Monday until 6:00 p.m. Friday;

(2) from July 19 through September 30 salmon may be taken during the open season only during fishing periods established by emergency order.

History

Authority: AS 16.05.060; AS 16.05.251(a)

5 AAC 12.330 Gear {#sec-5-aac-12.330 omnilex-key=us-ak-regs-official--title-5--5 AAC 12.330}

Salmon may be taken by purse seines, hand purse seines, and beach seines.

History

Authority: AS 16.05.251

5 AAC 12.331 Gillnet specifications and operation {#sec-5-aac-12.331 omnilex-key=us-ak-regs-official--title-5--5 AAC 12.331}

Repealed 1/29/72.

5 AAC 12.332 Seine specifications and operation {#sec-5-aac-12.332 omnilex-key=us-ak-regs-official--title-5--5 AAC 12.332}

(a) Purse seines and hand purse seines may not be less than 100 fathoms nor more than 250 fathoms in length.

(b) Beach seines may not be less than 100 fathoms in length and three fathoms in depth nor more than 250 fathoms in length and 12 fathoms in depth.

History

Authority: AS 16.05.251

5 AAC 12.350 Closed waters {#sec-5-aac-12.350 omnilex-key=us-ak-regs-official--title-5--5 AAC 12.350}

The following waters are closed to commercial salmon fishing:

(1) Iliuliuk Harbor vicinity: waters between Unalaska and Amaknak Islands west of 166° 32.00' W. long. and north of a line from 53° 52.28' N. lat., 166° 32.68' W. long. south of Agnes Beach to a point at 53° 52.28' N. lat., 166° 33.17' W. long. on Amaknak Island;

(2) Humpback Bay: waters enclosed by a line from the western tip of Cathedral Point to 53° 45.23' N. lat., 166° 53.63' W. long.;

(3) the Pribilof Islands District.

History

Authority: AS 16.05.251
Eff. 5/11/85, Register 94; am 6/2/88, Register 106; am 5/31/98, Register 146; am 6/22/2001, Register 158

5 AAC 12.355 Salmon processor and buyer reporting requirements {#sec-5-aac-12.355 omnilex-key=us-ak-regs-official--title-5--5 AAC 12.355}

The operator of a floating salmon processing vessel or tender, or a shorebased processing operation, and a company employing aircraft used for transporting salmon, shall report in person, or by radio or telephone, to a local representative of the department located in the management area of intended operation before the start of processing or buying operations. The report must include the location and the date of intended operation, and identify and describe each vessel or other method of transport employed in hauling or processing salmon.

History

Authority: AS 16.05.251
Eff. 6/2/88, Register 106

5 AAC 12.370 Registration {#sec-5-aac-12.370 omnilex-key=us-ak-regs-official--title-5--5 AAC 12.370}

In the Aleutian Islands Area, at least 48 hours before fishing, a commercial salmon permit holder for purse seine gear must register with the department the permit and the vessel that will be used in the commercial salmon fishery by contacting, by telephone, the local representative of the department at one of the following department offices and supplying all requested information:

(1) department office in Dutch Harbor;

(2) department office in Cold Bay;

(3) department office in Sand Point;

(4) repealed 7/1/2007.

History

Authority: AS 16.05.251
Eff. 5/30/2007, Register 182; am 7/1/2007, Register 182

5 AAC 12.392 Net pens and other holding devices in the Aleutian Islands Area {#sec-5-aac-12.392 omnilex-key=us-ak-regs-official--title-5--5 AAC 12.392}

Repealed.

History

Eff. 5/30/2007, Register 182; repealed 6/1/2013, Register 206

Article 7 Shellfish Fishery

Authority: AS 16.05.251

5 AAC 15.100 Description of area {#sec-5-aac-15.100 omnilex-key=us-ak-regs-official--title-5--5 AAC 15.100}

The Chignik Area includes all waters of Alaska on the south side of the Alaska Peninsula bounded by a line extending 135° southeast for three miles from a point near Kilokak Rocks at 57° 10.34' N. lat., 156° 20.22' W. long., (the longitude of the southern entrance to Imuya Bay) then due south, and a line extending 135° southeast from Kupreanof Point at 55° 33.98' N. lat., 159° 35.88' W. long.

History

Authority: AS 16.05.251

Article 2 Fishing Districts, Sections, and Subsections

5 AAC 15.200 Fishing districts, sections, and subsections {#sec-5-aac-15.200 omnilex-key=us-ak-regs-official--title-5--5 AAC 15.200}

(a) The Eastern District includes all waters from the latitude of the southernmost ADF&G regulatory marker 500 yards from the mouth of Aniakchak Lagoon to the eastern boundary of the Chignik Area.

(1) Agripina Section: all waters bounded by the eastern boundary of the Chignik Area described in 5 AAC 15.100 and a line extending 130° from Cape Providence at 56° 58.67' N. lat., 156° 33.47' W. long.;

(2) Chiginagak Section: all waters bounded by a line extending 130° from Cape Providence at 56° 58.67' N. lat., 156° 33.47' W. long., and a line extending 150° from Cape Kuyuyukak at 56° 53.85' N. lat., 156° 49.72' W. long.;

(3) Nakalilok-Yantarni Section: all waters bounded by a line extending 150° from Cape Kuyuyukak at 56° 53.85' N. lat., 156° 49.72' W. long., the longitude of Cape Kunmik at 56° 45.88' N. lat., 157° 12.05' W. long., and the southern boundary of the Eastern District;

(4) Big River Section: all waters of Amber and Aniakchak Bays bounded by 157° 12.05' W. long., and the latitude of the southernmost ADF&G regulatory marker 500 yards from the mouth of Aniakchak Lagoon.

(b) The Chignik Bay District includes all waters of Chignik Bay and Lagoon west of a line from a point near Jack Bay at 56° 17.60' N. lat., 158° 12.80' W. long., to the creek at 56° 24.12' N. lat., 158° 27.73' W. long.

(c) The Western District includes all waters south of the latitude of a point southwest of Jack Point at 56° 16.43' N. lat., 158° 12.60' W. long., excluding the waters of Chignik Lagoon, and north and east of a line extending 170° from Coal Cape at 55° 53.42' N. lat., 159° 00.45' W. long.

(1) Castle Cape Section: all waters bounded by the latitude of a point southwest of Jack Point at 56° 16.43' N. lat., 158° 12.60' W. long., and a line extending 165° from a point on Seal Cape at 55° 59.56' N. lat., 158° 26.27' W. long.;

(A) Inner Castle Cape Subsection: all waters of the Castle Cape Section within and adjacent to Castle Bay enclosed by the northern boundary line of the Castle Cape Section and west of 158° 07.20' W. long.;

(B) Outer Castle Cape Subsection: all waters of the Castle Cape Section, north of 56° 14.55' N. lat., and east of 158° 07.20' W. long.;

(C) Chankliut Island Subsection: all waters of the Castle Cape Section bounded by the Outer Castle Cape Subsection and a line extending 165° from a point on Ship Mountain Point at 56° 07.46' N. lat., 158° 21.04' W. long.;

(D) Devil's Bay Subsection: all waters of the Castle Cape Section bounded by a line extending 165° from a point on Ship Mountain Point at 56° 07.46' N. lat., 158° 21.04' W. long., and a line extending 165° from a point on Seal Cape at 55° 59.56' N. lat., 158° 26.27' W. long.;

(2) Dorner Bay Section: all waters bounded by a line extending 165° from a point on Seal Cape at 55° 59.56' N. lat., 158° 26.27' W. long., and a line extending 165° from a point on the west side of Dorner (Kuiukta) Bay's entrance at 55° 57.05' N. lat., 158° 40.14' W. long.;

(3) Mitrofania Section: all waters, including Mitrofania Island, bounded by a line extending 165° from a point on the west side of Dorner (Kuiukta) Bay's entrance at 55° 57.05' N. lat., 158° 40.14' W. long., and a line extending 170° from Coal Cape at 55° 53.42' N. lat., 159° 00.45' W. long.

(d) The Perryville District includes all waters bounded by a line extending 170° from Coal Cape at 55° 53.42' N. lat., 159° 00.45' W. long., and a line extending 135° southeast from Kupreanof Point at 55° 33.98' N. lat., 159° 35.88' W. long.

(1) Perryville Section: all waters, including the Chiachi Islands, bounded by a line extending 170° from Coal Cape at 55° 53.42' N. lat., 159° 00.45' W. long., and a line extending 155° from Coal Point at 55° 51.47' N. lat., 159° 18.95' W. long.;

(A) Inner Perryville Subsection: all waters of the Perryville Section north of a line from Coal Cape at 55° 53.42' N. lat., 159° 00.45' W. long., to Alexander Point at 55° 47.32' N. lat., 159° 24.68' W. long.;

(B) Outer Perryville Subsection: all waters of the Perryville Section south of a line from Coal Cape at 55° 53.42' N. lat., 159° 00.45' W. long., to Alexander Point at 55° 47.32' N. lat., 159° 24.68' W. long.;

(2) Humpback Bay Section: all waters, including Paul and Jacob Islands, bounded by a line extending 155° from Coal Point at 55° 51.47' N. lat., 159° 18.95' W. long., and the longitude of Alexander Point at 55° 47.32' N. lat., 159° 24.68' W. long.;

(A) Inner Humpback Bay Subsection: all waters of the Humpback Bay Section north of a line from Coal Cape at 55° 53.42' N. lat., 159° 00.45' W. long., to Alexander Point at 55° 47.32' N. lat., 159° 24.68' W. long.;

(B) Outer Humpback Bay Subsection: all waters of the Humpback Bay Section south of a line from Coal Cape at 55° 53.42' N. lat., 159° 00.45' W. long., to Alexander Point at 55° 47.32' N. lat., 159° 24.68' W. long.;

(3) Ivanof Bay Section: all waters bounded by the longitude of Alexander Point at 55° 47.32' N. lat., 159° 24.68' W. long., and a line extending 135° southeast from Kupreanof Point at 55° 33.98' N. lat., 159° 35.88' W. long.

(e) The Central District includes all waters, excluding the waters of the Chignik Bay District, bounded by the latitude of a point southwest of Jack Point at 56° 16.43' N. lat., 158° 12.60' W. long., and the latitude of the southernmost ADF&G regulatory marker 500 yards from the mouth of Aniakchak Lagoon;

(1) Cape Kumlik Section: all waters, including Sutwik Island, bounded by the latitude of the southernmost ADF&G regulatory marker 500 yards from the mouth of Aniakchak Lagoon and the longitude of a point on the southwest side of Cape Kumlik at 56° 36.48' N. lat., 157° 40.53' W. long.;

(2) Kujulik Section: all waters bounded by the longitude of a point on the southwest side of Cape Kumlik at 56° 36.48' N. lat., 157° 40.53' W. long., and a line extending 145° from a point on Cape Kumliun at 56° 28.58' N. lat., 157° 51.55' W. long.;

(3) Outer Chignik Bay Section: all waters, including Nakchamik Island, bounded by a line extending 145° from a point on Cape Kumliun at 56° 28.58' N. lat., 157° 51.55' W. long., and the latitude of a point southwest of Jack Point at 56° 16.40' N. lat., 158° 12.50' W. long., excluding the waters of the Chignik Bay District.

History

Authority: AS 16.05.251

5 AAC 15.206 Use of global positioning systems (GPS) {#sec-5-aac-15.206 omnilex-key=us-ak-regs-official--title-5--5 AAC 15.206}

History

Authority: AS 16.05.251
Eff. 3/13/2005, Register 173

Article 3 Salmon Fishery

5 AAC 15.310 Fishing seasons {#sec-5-aac-15.310 omnilex-key=us-ak-regs-official--title-5--5 AAC 15.310}

(a) In the Chignik Bay District, salmon may be taken only from June 1 through October 31.

(b) The Perryville, Western, Central and Eastern Districts are opened by emergency order.

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 15.320 Weekly fishing periods {#sec-5-aac-15.320 omnilex-key=us-ak-regs-official--title-5--5 AAC 15.320}

(a) Salmon fishing periods shall be established by emergency order.

(b) Repealed 3/13/75.

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 15.330 Gear {#sec-5-aac-15.330 omnilex-key=us-ak-regs-official--title-5--5 AAC 15.330}

(a) Salmon may be taken only by purse seine and hand purse seine.

(b) Repealed 4/24/80.

History

Authority: AS 16.05.251(a)

5 AAC 15.332 Seine specifications and operations {#sec-5-aac-15.332 omnilex-key=us-ak-regs-official--title-5--5 AAC 15.332}

(a) In the Eastern, Central, Western, and Perryville Districts, a purse seine may not be less than 100 fathoms or more than 225 fathoms in length.

(b) In the Eastern, Central, Western, and Perryville Districts, a hand purse seine may not be less than 100 fathoms or more than 225 fathoms in length.

(c) In the Chignik Bay District, purse seines and hand purse seines may not be less than 100 fathoms or more than 125 fathoms in length.

(d) A seine may not be less than three fathoms or more than 375 meshes in depth. In addition, a maximum of 25 meshes of chafing gear with a maximum mesh size of seven inches may be used.

(e) A lead may not be more than 75 fathoms in length. In the Eastern, Central, Western, and Perryville Districts, the aggregate length of seine and lead may not be more than 225 fathoms in length.

(f) When a purse seine or hand purse seine is in the water for the purpose of taking fish, the seine shall be attached to the licensed vessel operating the gear.

(g) A purse seine is considered to have ceased fishing as specified in 5 AAC 39.260(c).

History

Authority: AS 16.05.251

5 AAC 15.342 Vessel identification {#sec-5-aac-15.342 omnilex-key=us-ak-regs-official--title-5--5 AAC 15.342}

Repealed 4/18/86.

5 AAC 15.350 Closed waters {#sec-5-aac-15.350 omnilex-key=us-ak-regs-official--title-5--5 AAC 15.350}

Salmon may not be taken in the following waters:

(1) Chignik Lagoon:

(A) Mallard Duck and Schooner Bays: south of a line from the tip of Green Point at 56° 16.75' N. lat., 158° 33.90' W. long. to Chignik Island at 56° 16.63' N. lat., 158° 34.90' W. long., and south of a line from 56° 16.53' N. lat., 158° 37.87' W. long. to Chignik Island at 56° 16.35' N. lat., 158° 35.97' W. long.;

(B) Humes Point: south of a line from the tip of Humes Point at 56° 17.67' N. lat., 158° 36.89' W. long. to Chignik Island at 56° 17.42' N. lat., 158° 35.50' W. long.;

(C) Mensis Point: southwest of a line from the tip of Mensis Point at 56° 16.90' N. lat., 158° 38.51' W. long. to a point on the south bank of the Chignik River at 56° 16.56' N. lat., 158° 38.40' W. long.;

(D) Pillar Rock: southwest of a line from the north bank of the Chignik River at 56° 16.74' N. lat., 158° 39.01' W. long. to a point on the south bank of the Chignik River at 56° 16.57' N. lat., 158° 38.84' W. long.;

(2) Kilokak Rocks Bay: northwest of a line from the southern entrance of the bay at 57° 09.78' N. lat., 156° 20.78' W. long., then to the opposite shore 500 yards northeast of the mouth of Kilokak Rocks Creek at 57° 10.07' N. lat., 156° 20.78' W. long.;

(3) Agripina River: west of a line from 57° 06.72' N. lat., 156° 28.22' W. long., to 57° 06.44' N. lat., 156° 28.67' W. long.;

(4) Chiginagak Bay: north of a line from 57° 00.50' N. lat., 156° 45.75' W. long., to 57° 01.68' N. lat., 156° 41.97' W. long.;

(5) Nakalilok Lagoon: the lagoon and within 500 yards of the entrance;

(6) Yantarni Lagoon: the lagoon and within 500 yards of the entrance;

(7) Aniakchak River: northwest of a line from approximately 500 yards northeast of the mouth at 56° 45.86' N. lat., 157° 28.88' W. long., to an ADF&G regulatory marker on the southern tip of the island directly off the mouth and then to approximately 1,000 yards southwest of the mouth at 56° 45.28' N. lat., 157° 31.53' W. long.;

(8) Aniakchak Lagoon: the lagoon and within 500 yards of the entrance;

(9) Kujulik Bay: the southwest end of the bay southwest of a line from 56° 35.85' N. lat., 157° 59.12' W. long., to the opposite shore at 56° 34.50' N. lat., 157° 54.63' W. long.;

(10) Portage Bay: west of a line from 56° 11.68' N. lat., 158° 33.07' W. long., to 56° 10.58' N. lat., 158° 33.07' W. long.;

(11) Ivan Bay: north of a line from the ADF&G regulatory marker on the northwest shore, 1,000 yards from the stream mouth, to the ADF&G regulatory marker on the southeast shore 750 yards from the stream mouth;

(12) Humpback Bay: within 1,000 yards of the terminus of Humpback Bay stream at 55° 52.68' N. lat., 159° 20.12' W. long.;

(13) Ivanof Bay: all waters northwest of a line from a point on the northeast shore at 55° 52.42' N. lat., 159° 28.40' W. long., to a point on the north end of the spit at 55° 50.95' N. lat., 159° 31.02' W. long. (all waters northwest of Road Island are closed);

(14) Alfred Creek: before August 1, the 500-yard closure at the terminus described in 5 AAC 39.290 does not apply; the 500-yard closure does apply from August 1 to the end of the salmon fishing season;

(15) Dago Frank Creek: before August 1, the 500-yard closure at the terminus described in 5 AAC 39.290 does not apply; the 500-yard closure does apply from August 1 to the end of the salmon fishing season;

(16) Hook Bay: southwest of a line from the tip of Hook Bay Spit at 56° 30.07' N. lat., 158° 08.18' W. long., to a point northwest of the spit at 56° 30.61' N. lat., 158° 09.27' W. long.;

(17) unnamed stream at 55° 48.98' N. lat., 159° 24.45' W. long.; the 500-yard closure at the terminus described in 5 AAC 39.290 does not apply;

(18) Lake Bay: all waters southwest of a line drawn at the entrance to Lake Bay at 56° 18.80' N. lat., 158° 17.62' W. long., extending across the entrance to Lake Bay to a point at 56° 18.32' N. lat., 158° 16.20' W. long.;

(19) Mud Bay: all waters southwest of a line from 56° 19.42' N. lat., 158° 25.10' W. long., extending across the entrance to Mud Bay;

(20) from July 6 through August 31, all waters of Alaska in the Ivanof Bay Section, between a line extending 135° from Kupreanof Point at 55° 33.98' N. lat., 159° 35.88' W. long., and a line extending 65° from 55° 34.90' N. lat., 159° 37.10' W. long.

History

Authority: AS 16.05.251

5 AAC 15.355 Reporting requirements {#sec-5-aac-15.355 omnilex-key=us-ak-regs-official--title-5--5 AAC 15.355}

(b) A commercial fisherman shall report, on an ADF&G fish ticket at the time of landing, the number of salmon taken but not sold.

History

Authority: AS 16.05.251
Eff. 6/2/88, Register 106; am 4/4/93, Register 126

5 AAC 15.357 Chignik Area Salmon Management Plan {#sec-5-aac-15.357 omnilex-key=us-ak-regs-official--title-5--5 AAC 15.357}

(a) The department shall manage the commercial salmon fishery in the Chignik Area in accordance with the guidelines set out in the management plan under this section. The goals of this management plan are to allow traditional fisheries in the area to be conducted on Chignik Area salmon stocks and to achieve the escapement goals for sockeye salmon and local stocks of pink, chum, coho, and king salmon. The department shall manage the Chignik area sockeye salmon fishery to achieve

(1) an optimal escapement goal for Black Lake (early run) sockeye salmon of 300,000 to 400,000 fish;

(2) an optimal escapement goal for Chignik Lake (late run) sockeye salmon of 240,000 to 360,000 fish.

(b) In the Chignik Bay and Central Districts, and the Inner Castle Cape Subsection of the Western District, the commercial salmon fishery shall open concurrently based on escapement objectives for the Chignik Lakes' system sockeye salmon runs, except that

(1) the commissioner may open, by emergency order, the commercial salmon fishery when 40,000 sockeye salmon have escaped into the Chignik River; however, if the department determines that a strong buildup of sockeye salmon exists in Chignik Lagoon and that 40,000 sockeye salmon will escape into the Chignik River, the commissioner may open, by emergency order, the commercial salmon fishery before 40,000 sockeye salmon have escaped into the Chignik River;

(2) during the period of transition from the predominance of the early-run sockeye salmon to that of the late-run sockeye salmon, usually late June through mid-July, the commissioner shall open and close, by emergency order, the fishing periods to harvest surplus early-run sockeye salmon without jeopardizing the late-run sockeye salmon escapement objectives;

(3) from the end of the transition period described in (2) of this subsection until July 31,

(A) the commissioner shall open and close, by emergency order, fishing periods in the Chignik Bay and Central Districts, and the Inner Castle Cape Subsection of the Western District, based on the Chignik Lakes' system sockeye salmon optimal escapement goals;

(B) the commissioner may take additional emergency order actions to protect or harvest local pink, chum, king, and coho salmon runs;

(4) from August 1 until September 15, if the Chignik River late-run sockeye salmon escapement goals are being met weekly, fishing periods in the Chignik Bay and Central Districts and the Inner Castle Cape Subsection of the Western District will run from 6:00 a.m. Monday until 10:00 p.m. Friday.

(1) during June, the commercial salmon fishery will open concurrently with the Chignik Bay and Central Districts and the Inner Castle Cape Subsection of the Western District, and the openings shall be based on the department's expectation of achieving the Black Lake sockeye salmon optimal escapement goal;

(2) from approximately June 26 through July 8,

(A) the department shall evaluate the strength of the sockeye salmon late run; and

(B) in order to continue managing the Black Lake sockeye salmon harvest and escapement, while assessing the Chignik Lake sockeye salmon run strength, commercial salmon fishing in the Eastern District will, in the department's discretion, be disallowed or severely restricted;

(3) from the end of the transition period, described in (b)(2) of this section, until July 31, the department shall manage the commercial salmon fishery based on its evaluation of local pink and chum salmon runs, and the strength of the Chignik Lakes' system sockeye salmon;

(4) after July 31, the department shall manage the commercial salmon fishery based on its evaluation of local pink, chum, and coho salmon runs or the strength of the Chignik Lake sockeye salmon run.

(d) From June 1 through July 5, in the Western District, excluding the Inner Castle Cape Subsection, and in the Perryville District, the department may open the commercial salmon fishery concurrently with the Chignik Bay and Central Districts and the Inner Castle Cape Subsection of the Western District; during this time period the Perryville District may open for no more than three 48 hour fishing periods with a minimum closure of 48 hours between each period; beginning July 6, the department may open the commercial salmon fishery in the Western District, excluding the Inner Castle Cape Subsection, and in the Perryville District, except that,

(1) from approximately late June to mid-July (transition period),

(A) the department shall evaluate the strength of the sockeye salmon late run; and

(B) in order to allow the department to assess the Chignik Lake run strength, the department may keep closed or severely restrict commercial salmon fishing in the Western District, except the Inner Castle Cape Subsection, and in the Perryville District;

(2) from the end of the transition period, described in (b)(2) of this section, until July 31, fishing periods shall be based on the department's evaluation of local pink and chum salmon runs, and its evaluation of the Chignik Lake sockeye salmon run; from July 22 through July 31,

(A) repealed 3/29/2008;

(B) the commissioner may, by emergency order, open fishing in the following terminal harvest areas:

(i) those portions of the Western and Perryville Districts north of a line from Cape Ikti at 56° 00.32' N. lat., 158° 32.02' W. long., to Coal Cape at 55° 53.42' N. lat., 159° 00.45' W. long., to Cape Alexander at 55° 47.22' N. lat., 159° 24.57' W. long.;

(ii) waters in the Ivanof Bay Section of the Perryville District that are north of the latitude from Alexander Point at 55° 47.37' W. long., to Kupreanof Peninsula; and

(iii) those portions of the Chignik Bay and Central Districts known locally as Jack's Box, which consists of those waters east of 158° 15.36' W. long., south of 56° 20' N. lat., and west of 158° 10' W. long.;

(3) from August 1 to August 31, the department shall manage the fishing periods in the Outer Castle Cape Subsection, Chankliut Island Subsection, Devil's Bay Subsection, Outer Kuiukta Bay area, Mitrofania Island area, Outer Perryville Subsection and the Outer Humpback Bay Subsection based on the department's evaluation of local pink and chum salmon runs or the strength of the Chignik Lake sockeye salmon run;

(4) from August 1 to August 31, the department shall manage the fishing periods in the Inner Kuiukta/Portage Bay area, Windy Bay area, Dorner Bay area, Mitrofania Bay area, Fishrack Bay area, Ivan Bay area, Coal Cape area, Inner Perryville Subsection, Inner Humpback Bay Subsection, and the Ivanoff Bay Section based on the department's evaluation of local pink and chum salmon runs;

(5) after August 31, the department shall manage fishing periods based on the department's evaluation of local pink, chum, and coho salmon runs.

(e) Repealed 5/31/2019.

(f) For the purposes of this section, the

(1) Inner Kuiukta/Portage Bay area is all waters in Portage Bay north and east of a line from 56° 06.78' N. lat., 158° 38.42' W. long., to 56° 06.58' N. lat., 158° 35.82' W. long.;

(2) Windy Bay area is all waters northwest of 56° 05.49' N. lat., 158° 39.12' to 56° 06.78' N. lat., 158° 38.42' W. long.;

(3) Dorner Bay area is all waters south of the Inner Kuiukta/Portage Bay area and the Windy Bay area and north of 56° 01.11' N. lat., 158° 38.44' W. long., to 56° 02.22' N. lat., 158° 35.32' W. long.;

(4) Outer Kuiukta Bay area is all waters of the Dorner Bay Section south of the Dorner Bay area;

(5) Fishrack Bay area is all waters north of 55° 59.58' N. lat., 158° 46.70' and 55° 59.20' N. lat., 158° 43.92' W. long.;

(6) Ivan Bay area is all waters north of 55° 59.40' N. lat., 158° 48.79' W. long., and 55° 58.41' N. lat., 158° 52.78' W. long.;

(7) Mitrofania Bay area is all waters south of the Ivan Bay area and the Fishrack Bay area and north of 55° 57.01' N. lat., 158° 40.93' W. long., and 55° 54.71' N. lat., 158° 55.19' W. long.;

(8) Coal Cape area is all waters north of 55° 54.71' N. lat., 158° 55.19' W. long., and 55° 53.42' N. lat., 159° 00.45' W. long.;

(9) Mitrofania Island area is all waters of the Mitrofania Section south of the Mitrofania Bay area and the Coal Cape area.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 5/29/99, Register 150; am 5/4/2002, Register 162; am 3/6/2003, Register 165; am 3/13/2005, Register 173; am 4/9/2005, Register 174; am 3/29/2008, Register 185; am 5/1/2011, Register 198; am 3/19/2014, Register 209; am 2/22/2015, Register 213; am 6/5/2016, Register 218; am 5/31/2019, Register 230; am 6/23/2023, Register 246

5 AAC 15.358 Chignik Area Cooperative Purse Seine Salmon Fishery Management Plan {#sec-5-aac-15.358 omnilex-key=us-ak-regs-official--title-5--5 AAC 15.358}

Expired.

5 AAC 15.359 Chignik Area Cooperative Purse Seine Salmon Fishery Management Plan {#sec-5-aac-15.359 omnilex-key=us-ak-regs-official--title-5--5 AAC 15.359}

Repealed.

History

Eff. 3/31/2002, Register 161; am 3/6/2003, Register 165; am 2/5/2004, Register 169; am 3/13/2005, Register 173; repealed 2/15/2006, Register 177

5 AAC 15.360 Eastern District Salmon Management Plan {#sec-5-aac-15.360 omnilex-key=us-ak-regs-official--title-5--5 AAC 15.360}

Repealed.

History

Eff. 4/16/83, Register 86; repealed 5/29/99, Register 150

5 AAC 15.362 Chignik Area Cooperative Fishery Management Plan {#sec-5-aac-15.362 omnilex-key=us-ak-regs-official--title-5--5 AAC 15.362}

Repealed.

History

Eff. 2/15/2006, Register 177; repealed 5/26/2006, Register 178

Article 4 (Repealed)

5 AAC 15.410 was repealed as of Register 110 {#sec-5-aac-15.410 omnilex-key=us-ak-regs-official--title-5--5 AAC 15.410}

5 AAC 15.700. Fishing districts.

Repealed 6/15/74.

Article 7 Shellfish Fishery

5 AAC 18.001 Application of this chapter {#sec-5-aac-18.001 omnilex-key=us-ak-regs-official--title-5--5 AAC 18.001}

History

Authority: AS 16.05.251

5 AAC 18.100 Description of area {#sec-5-aac-18.100 omnilex-key=us-ak-regs-official--title-5--5 AAC 18.100}

History

Authority: AS 16.05.251

Article 2 Fishing Districts and Sections

5 AAC 18.200 Description of fishing districts and sections {#sec-5-aac-18.200 omnilex-key=us-ak-regs-official--title-5--5 AAC 18.200}

(a) Afognak District: all waters of Afognak and Shuyak Islands bounded by a line from Occident Point (57° 57.42' N. lat., 152° 51.75' W. long.), to Last Timber Point (57° 58.60' N. lat., 152° 59.05' W. long.), by the latitude of Dolphin Point on Whale Island (57° 59.17' N. lat.), by the latitude of Raspberry Cape (58° 03.58' N. lat.), by midstream Shelikof Strait, and by the latitude of Cape Douglas (58° 51.10' N. lat.).

(1) Raspberry Strait Section: all waters of Raspberry Strait bounded by the longitude of Dolphin Point on Afognak Island (153° 09.04' W. long.) and by a line from Head Point (57° 59.67' N. lat., 152° 46.75' W. long.) to Dolphin Point on Whale Island and a line from Occident Point to Last Timber Point;

(2) Southwest Afognak Section: all waters west of Afognak Island bounded by the latitude of Raspberry Cape, the longitude of Dolphin Point on Afognak Island in Raspberry Strait, by the latitude of Cape Paramanof (58° 18.33' N. lat.), and by midstream Shelikof Strait;

(3) Northwest Afognak Section: all waters northwest of Afognak Island bounded by the latitude of Cape Paramanof, by a line extending along midstream Shuyak Straits and perpendicular to midstream Shelikof Strait to Cape Current (58° 27.60' N. lat., 152° 28.90' W. long.), and by midstream Shelikof Strait;

(4) Shuyak Island Section: all waters in the vicinity of Shuyak Island bounded by a line extending along midstream Shuyak Straits and perpendicular to midstream Shelikof Strait to Cape Current, north of a line from Cape Current to Posliedni Point (58° 26.00' N. lat., 152° 19.50' W. long.), west of the longitude of Posliedni Point, south of the latitude of Cape Douglas, and by midstream Shelikof Strait;

(5) Perenosa Bay Section: all waters of Perenosa Bay south of a line extending from Cape Current to Posliedni Point;

(6) Northeast Afognak Section: all waters northeast of Afognak Island bounded by the longitude of Posliedni Point and by the latitude of Pillar Cape (58° 08.90' N. lat.);

(7) Izhut Bay Section: all waters of Izhut Bay, excluding the Inner and Outer Kitoi Bay Sections, bounded by a line from Pillar Cape at 58° 08.90' N. lat., 152° 06.77' W. long. to Peril Cape at 58° 08.06' N. lat., 152° 15.77' W. long.;

(8) Outer Kitoi Bay Section: all waters of Kitoi Bay bounded by a line from 58° 10.58' N. lat., 152° 17.36' W. long., to 58° 09.50' N. lat., 152° 18.70' W. long., and by a line at the jaws from 58° 11.25' N. lat., 152° 20.55' W. long., to 58° 11.05' N. lat., 152° 20.80' W. long.;

(9) Inner Kitoi Bay Section: all waters of inner Kitoi Bay bounded by a line at the jaws from 58° 11.25' N. lat., 152° 20.55' W. long. to 58° 11.05' N. lat., 152° 20.80' W. long.;

(10) Duck Bay Section: all waters of Duck Bay bounded by the latitude of Pillar Cape, by a line from Pillar Cape at 58° 08.90' N. lat., 152° 06.77' W. long. to Peril Cape at 58° 08.06' N. lat., 152° 15.77' W. long., and by a line along 152° 33.40' W. long. from Cape Kostromitinof to the latitude of Dolphin Point on Whale Island (57° 59.17' N. lat., 152° 43.45' W. long.), and by the latitude of Dolphin Point on Whale Island;

(11) Southeast Afognak Section: all waters of Kazakof Bay (Danger Bay) and Afognak Bay bounded by a line along 152° 33.40' W. long. from Cape Kostromitinof to the latitude of Dolphin Point on Whale Island, a line from Head Point on Afognak Island to Dolphin Point on Whale Island, and the latitude of Dolphin Point on Whale Island;

(12) Pauls Bay Section: all waters of Pauls Bay east of 152° 21.67' W. long.

(b) Northwest Kodiak District: all waters of north and west Kodiak Island bounded by the latitude of Termination Point (57° 51.37' N. lat.), by the latitude of Dolphin Point on Whale Island (57° 59.17' N. lat.), by a line from Occident Point (57° 57.42' N. lat., 152° 51.75' W. long.) to Last Timber Point (57° 58.60' N. lat., 152° 59.05' W. long.), by the latitude of Raspberry Cape (58° 03.58' N. lat.), by the latitude of Rocky Point (57° 39.78' N. lat.), and by midstream Shelikof Strait.

(1) Anton Larsen Bay Section: all waters of Anton Larsen Bay south of 57° 52.25' N. lat.;

(2) Sharatin Bay Section: all waters of Sharatin Bay south of 57° 51.07' N. lat.;

(3) Kizhuyak Bay Section: all waters of Kizhuyak Bay south of 57° 50.00' N. lat.;

(4) Terror Bay Section: all waters of Terror Bay and Uganik Bay passages south of 57° 50.00' N. lat., and east of 153° 12.60' W. long.;

(5) Inner Uganik Bay Section: all waters of the South and East Arms of Uganik Bay south of a line from Rock Point at 57° 46.47' N. lat., 153° 29.30' W. long., to 57° 46.27' N. lat., 153° 32.90' W. long.;

(6) Spiridon Bay Section: all waters of Spiridon Bay east of 153° 46.33' W. long.;

(7) Zachar Bay Section: all waters of Zachar Bay east of a line from Carlsen Point at 57° 34.70' N. lat., 153° 50.15' W. long., to a point on the opposite shore at 57° 35.60' N. lat., 153° 49.10' W. long.;

(8) Uyak Bay Section: all waters of Inner Uyak Bay south of the latitude of the southernmost tip of Amook Island (57° 25.72' N. lat.) to the west shore, and south of the latitude of the northernmost tip of Amook Island (57° 33.16' N. lat.) to the east shore;

(9) Central Section: all waters of the Northwest Kodiak District bounded by a line from Termination Point (57° 51.37' N. lat., 152° 24.15' W. long.), to South Point (57° 53.00' N. lat., 152° 22.00' W. long.), to Ouzinkie Point (57° 54.80' N. lat., 152° 31.27' W. long.), to Shakmanof Point (57° 55.50' N. lat., 152° 35.36' W. long.), to a point at 57° 54.20' N. lat. on the east shore of Kizhuyak Bay; north of 57° 52.25' N. lat. in Anton Larsen Bay; north of 57° 51.07' N. lat. in Sharatin Bay; north of 57° 50.00' N. lat., and south of the latitude of Inner Point (57° 54.05' N. lat.) in Kizhuyak Bay; west of a line from Inner Point (57° 54.05' N. lat., 152° 47.75' W. long.) to Bird Point (57° 55.30' N. lat., 152° 47.50' W. long.); south of a line from Occident Point (57° 57.42' N. lat., 152° 51.75' W. long.) to Last Timber Point (57° 58.60' N. lat., 152° 59.05' W. long.); south of the latitude of Raspberry Cape (58° 03.58' N. lat.); north of 57° 50.00' N. lat., and west of 153° 12.60' W. long. in Terror Bay and Uganik Bay passages; north of the line from Rock Point at 57° 46.47' N. lat., 153° 29.30' W. long., to 57° 46.27' N. lat., 153° 32.90' W. long., in the South and East Arms of Uganik Bay; west of 153° 46.33' W. long. in Spiridon Bay; west of a line from Carlsen Point (57° 34.70' N. lat., 153° 50.15' W. long.) to 57° 35.60' N. lat., 153° 49.10' W. long., in Zachar Bay; all waters of Inner Uyak Bay north of the latitude of the southernmost tip of Amook Island (57° 25.72' N. lat.) to the west shore, and north of the latitude of the northernmost tip of Amook Island (57° 33.16' N. lat.) to the east shore; north of the latitude of Rocky Point (57° 39.78' N. lat.); and by midstream Shelikof Strait;

(10) North Cape Section: all other waters of the Northwest Kodiak District.

(c) Southwest Kodiak District: all waters southwest of Kodiak Island bounded by the latitudes of Rocky Point (57° 39.78' N. lat.) and Low Cape (56° 59.50' N. lat.), and by midstream Shelikof Strait.

(1) Outer Karluk Section: all waters west of Kodiak Island bounded by the latitude of Rocky Point, the latitude of Pafco Point (57° 36.78' N. lat.), and by midstream Shelikof Strait;

(2) Inner Karluk Section: all waters west of Kodiak Island bounded by the latitude of Pafco Point, the latitude of Cape Karluk (57° 34.20' N. lat.), and by midstream Shelikof Strait;

(3) Sturgeon Section: all waters west of Kodiak Island bounded by the latitude of Cape Karluk, the latitude of Sturgeon Head (57° 30.65' N. lat.), and by midstream Shelikof Strait;

(4) Halibut Bay Section: all waters southwest of Kodiak Island bounded by the latitude of Sturgeon Head, the latitude of Cape Ikolik (57° 17.40' N. lat.), and by midstream Shelikof Strait;

(5) Outer Ayakulik Section: all waters southwest of Kodiak Island bounded on the north by the latitude of Cape Ikolik, and on the south at 57° 13.15' N. lat., and offshore at midstream Shelikof Strait;

(6) Inner Ayakulik Section: all waters southwest of Kodiak Island bounded on the north by 57° 13.15' N. lat., and on the south by the latitude of Low Cape, and offshore at midstream Shelikof Strait.

(d) Alitak District: all waters south of Kodiak Island bounded by the latitude of Low Cape, the latitude of Cape Trinity (56° 44.80' N. lat.), and by midstream Shelikof Strait.

(1) Cape Alitak Section: all waters bounded by the latitude of Low Cape, the latitude of Cape Trinity, by midstream Shelikof Strait, by a line from Cape Trinity (56° 44.80' N. lat., 154° 08.90' W. long.) to Middle Reef (56° 54.00' N. lat., 154° 03.00' W. long.), and by a line from Middle Reef to Tanner Head at 56° 53.17' N. lat., 154° 13.90' W. long.;

(2) Humpy-Deadman Section: all waters of Alitak Bay east of a line from Cape Trinity, to Middle Reef, to the southernmost tip of Fox Island (56° 59.08' N. lat., 154° 02.10' W. long.), and from the northernmost tip of Fox Island (56° 59.68' N. lat., 154° 01.85' W. long.), to 57° 01.11' N. lat., 154° 00.85' W. long., to the Moser Peninsula at 57° 01.10' N. lat., 154° 01.15' W. long.;

(3) Alitak Bay Section: all waters of Alitak Bay bounded on the south by a line from Tanner Head (56° 53.17' N. lat., 154° 13.90' W. long.), to Middle Reef, to the southernmost tip of Fox Island, and a line from the northernmost tip of Fox Island to 57° 01.11' lat., 154° 00.95' W. long., to the Moser Peninsula at 57° 01.10' N. lat., 154° 01.15' W. long., and bounded on the north by a line from Bun Point to Amik Island at 56° 58.04' N. lat., 154° 07.02' W. long., to the southwest end of Amik Island at 56° 57.85' N. lat., 154° 07.60' W. long., to the northeast end of Miller Island at 56° 57.80' N. lat., 154° 07.65' W. long., to the northwest end of Miller Island at 56° 57.80' N. lat. 154° 08.80' W. long., to Kodiak Island at 56° 57.90' N. lat., 154° 08.70' W. long.;

(4) Moser Bay Section: all waters of Moser Bay bounded on the south by a line from Bun Point to Amik Island at 56° 58.04' N. lat., 154° 07.02' W. long., to the southwest end of Amik Island at 56° 57.85' N. lat., 154° 07.60' W. long., to the northeast end of Miller Island at 56° 57.80' N. lat., 154° 07.65' W. long., to the northwest end of Miller Island at 56° 57.80' N. lat., 154° 08.80' W. long., to Kodiak Island at 56° 57.90' N. lat., 154° 08.70' W. long., and bounded on the north by a line from 57° 01.37' N. lat., 154° 08.70' W. long., running east to a point 75 fathoms from the mean low tide mark, then to 57° 00.12' N. lat., 154° 08.08' W. long.;

(5) Olga Bay Section: all waters of Olga Bay north of 57° 04.36' N. lat., and south of a line from Stockholm Point (57° 07.64' N. lat.,154° 06.70' W. long.) east to the opposite shore at 57° 07.64' N. lat., 154° 05.00' W. long., excluding the Dog Salmon Flats Section;

(6) Dog Salmon Flats Section: all waters of Lower Olga Bay northeast of a line from 57° 06.38' N. lat., 154° 00.00' W. long., to the opposite shore at 57° 07.53' N. lat., 154° 03.00' W. long.;

(7) Outer Upper Station Section: all waters of Upper Olga Bay south of a line from 57° 07.64' N. lat., 154° 23.23' W. long., to 57° 07.79' N. lat., 154° 06.70' W. long., to Stockholm Point, excluding the Inner Upper Station Section;

(8) Inner Upper Station Section: all waters of Upper Olga Bay south of a line from 57° 03.41' N. lat., 154° 23.65' W. long., to 57° 04.20' N. lat., 154° 20.55' W. long.;

(9) Outer Akalura Section: all waters of Upper Olga Bay north of a line from 57° 07.64' N. lat., 154° 23.23' W. long., to 57° 07.79' N. lat., 154° 06.70' W. long., to Stockholm Point, excluding the Inner Akalura Section;

(10) Inner Akalura Section: all waters of Upper Olga Bay north of a line from 57° 08.70' N. lat., 154° 15.15' W. long., to 57° 08.70' N. lat., 154° 11.05' W. long.

(e) Eastside Kodiak District: all waters south and east of Kodiak Island bounded by the latitude of Cape Trinity (56° 44.80' N. lat.), and the latitude of Cape Chiniak (57° 37.20' N. lat.), and by midstream Shelikof Strait.

(1) Seven Rivers Section: all waters south and east of Kodiak Island bounded by midstream Shelikof Strait, by the latitude of Cape Trinity, and by the latitude of Boot Point (56° 49.98' N. lat.);

(2) Two-Headed Section: all waters east of Kodiak Island bounded by the latitude of Boot Point and by a line extending seaward 144° from Cape Kasiak (57° 03.98' N. lat., 153° 29.85' W. long.);

(3) Sitkalidak Section: all waters east of Kodiak Island bounded by a line extending seaward 144° from Cape Kasiak and by the latitude of Dangerous Cape (57° 16.58' N. lat.);

(4) Inner Ugak Bay Section: all waters of Ugak Bay west of the longitude of Gull Point (152° 36.10' W. long.);

(5) Outer Ugak Bay Section: all waters east of Kodiak Island bounded by the longitude of Gull Point, the latitude of Dangerous Cape, and the latitude of Cape Chiniak (57° 37.20' N. lat.).

(f) Northeast Kodiak District: all waters northeast of Kodiak Island bounded by the latitude of Cape Chiniak (57° 37.20' N. lat.), and the latitude of Termination Point (57° 51.37' N. lat.).

(1) Outer Chiniak Bay Section: all waters north of Kodiak Island bounded by the latitude of Cape Chiniak and the longitude of Isthmus Point (152° 19.06' W. long.);

(2) Inner Chiniak Bay Section: all waters of Chiniak Bay bounded by the longitude of Isthmus Point and the latitude of Spruce Cape (57° 49.57' N. lat.), excluding the Buskin River Section;

(3) Buskin River Section: all waters of Chiniak Bay west of a line from Cliff Point (57° 43.51' N. lat., 152° 26.60' W. long.) to Spruce Cape (57° 49.57' N. lat., 152° 19.60' W. long.);

(4) Monashka/Mill Bay Section: all waters north of Kodiak Island bounded by the latitude of Spruce Cape and the latitude of Termination Point.

(g) Mainland District: all waters along the southside of the Alaska Peninsula bounded by the latitude of Cape Douglas (58° 51.10' N. lat.), midstream Shelikof Strait, and north and east of a line extending 135° southeast for three miles from a point near Kilokak Rocks at 57° 10.34' N. lat., 156° 20.22' W. long., then due south.

(1) Big River Section: all waters bounded by the latitude of Cape Douglas, the latitude of Cape Chiniak on the mainland (58° 30.96' N. lat.), and by midstream Shelikof Strait;

(2) Hallo Bay Section: all waters of Hallo Bay bounded by the latitude of Cape Chiniak on the mainland, the latitude of Cape Nukshak (58° 23.50' N. lat.), and by midstream Shelikof Strait;

(3) Outer Kukak Bay Section: all waters bounded by the latitude of Cape Nukshak and the latitude of Cape Gull (58° 13.04' N. lat.), excluding the Inner Kukak Section;

(4) Inner Kukak Bay Section: all waters of Kukak Bay west of 154° 13.70' W. long.;

(5) Dakavak Bay Section: all waters bounded by the latitude of Cape Gull, the latitude of the southern entrance of Dakavak Bay (58° 01.00' N. lat.), and by midstream Shelikof Strait;

(6) Katmai Section: all waters bounded by the latitude of the southern entrance of Dakavak Bay, the latitude of Cape Kubugakli (57° 53.85' N. lat.), and by midstream Shelikof Strait;

(7) Alinchak Section: all waters bounded by the latitude of Cape Kubugakli, the latitude of Cape Aklek (57° 41.30' N. lat.), and by midstream Shelikof Strait;

(8) Cape Igvak Section: all waters bounded by the latitude of Cape Aklek, a line extending 135° southeast for three miles from a point near Kilokak Rocks at 57° 10.34' N. lat., 156° 20.22' W. long. then due south, excluding the Wide Bay Section;

(9) Wide Bay Section: all waters of Wide Bay enclosed by a line from Cape Kayakliut (57° 17.63' N. lat., 156° 18.98' W. long.) to the easternmost tip of Terrace Island at 156° 15.00' N. lat., to Cape Igvak (57° 26.04' N. lat., 156° 01.43' W. long.).

History

Authority: AS 16.05.251

5 AAC 18.201 Salmon fishing in the Kodiak Area {#sec-5-aac-18.201 omnilex-key=us-ak-regs-official--title-5--5 AAC 18.201}

Repealed.

5 AAC 18.206 Use of global positioning system (GPS) {#sec-5-aac-18.206 omnilex-key=us-ak-regs-official--title-5--5 AAC 18.206}

History

Authority: AS 16.05.251
Eff. 4/9/2005, Register 174

Article 3 Salmon Fishery

5 AAC 18.310 Fishing seasons {#sec-5-aac-18.310 omnilex-key=us-ak-regs-official--title-5--5 AAC 18.310}

Salmon may be taken only from June 1 through October 31.

History

Authority: AS 16.05.251

5 AAC 18.320 Fishing periods {#sec-5-aac-18.320 omnilex-key=us-ak-regs-official--title-5--5 AAC 18.320}

Salmon may be taken only during fishing periods established by emergency order.

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 18.330 Gear {#sec-5-aac-18.330 omnilex-key=us-ak-regs-official--title-5--5 AAC 18.330}

(a) In the Afognak District, salmon may be taken only by purse seines and beach seines.

(b) In the Northwest Kodiak District, salmon may be taken only by purse seines and beach seines, except that in the Central Section, salmon may also be taken by set gillnets.

(d) In the Alitak District,

(1) in the Humpy-Deadman and Cape Alitak Sections, salmon may be taken by purse seines and beach seines only;

(2) in the Alitak Bay, Moser Bay, Olga Bay, Dog Salmon Flats, Outer and Inner Upper Station, and Outer and Inner Akalura Sections, salmon may be taken by set gillnets only, except that after September 4, salmon may be taken also by purse seines and beach seines.

(3) notwithstanding (d)(1) of this section, salmon may be taken in the Humpy-Deadman and Cape Alitak Sections north of a line from Cape Trinity at 56° 44.80' N. lat., 154° 08.90' W. long., to Cape Alitak at 56° 50.58' N. lat., 154° 18.50' W. long., by set gillnet gear after September 4;

(4) if the Cape Alitak, Alitak Bay, Moser Bay, and Olga Bay Sections are closed and the Humpy-Deadman Section is open, salmon may be taken by set gillnet gear in that portion of the Humpy-Deadman Section, from Cape Hepburn south of 56° 58.80' N. lat., north of 56° 56.83' N. lat., and east of 153° 53.30' W. long.

(e) In the East Kodiak District, salmon may be taken only by purse seines and beach seines.

(f) In the Northeast Kodiak District, salmon may be taken only by purse seines and beach seines.

(g) In the Mainland District, salmon may be taken only by purse seines and beach seines.

History

Authority: AS 16.05.251

5 AAC 18.331 Gillnet specifications and operations {#sec-5-aac-18.331 omnilex-key=us-ak-regs-official--title-5--5 AAC 18.331}

(a) Except as provided in (e) of this section, a CFEC permit holder may operate no more than two set gillnets with no more than 150 fathoms of set gillnet in the aggregate, except that in the Central Section of the Northwest Kodiak District, the aggregate length may be no more than 175 fathoms.

(b) Seine webbing no greater than 3.75 inch mesh size, or polypropylene webbing 3 millimeters or greater in diameter, may be used on the shoreward end of a set gillnet and the length of the seine webbing used may extend no more than 50 fathoms seaward of the beach at the lowest tide of the current day, except that in the Alitak District,

(1) seine webbing may be used only from the high tide mark seaward, and no portion of the seine web may be in water deeper than five feet at the lowest tide of the current day;

(2) in the Alitak Bay Section and that portion of the Moser Bay Section south of a line from Bun Point to the opposite shore at 56° 57.95' N. lat., 154° 08.70' W. long., seine webbing may be used only from the high tide mark seaward, and must meet one of the following requirements:

(A) no portion of the seine web may be in water deeper than five feet at the lowest tide of the current day; or

(B) the length of seine webbing used may be no more than 20 fathoms per set.

(c) Set gillnets must be operated in substantially a straight line, except that no more than 50 fathoms of a set gillnet may be used as a hook. A hook may be used in any configuration.

(d) Except as provided in (i) of this section, the shoreward end of a set gillnet must be attached to a point of land that is exposed at the lowest tide of the day or to a rock that is within five feet of the surface at the lowest tide of the day. For the purpose of this section, "a rock" is any naturally located or created geological formation that shows no evidence of having been located or created through man-made means. A set gillnet may not be attached to the beach inside closed waters.

(e) Two salmon set gillnet CFEC permit holders may form a joint venture and combine their gear under the following conditions:

(1) a permit must be obtained from a local representative of the department before a joint venture may start operations;

(2) only one permit per year will be issued for each joint venture;

(3) the permit must be signed by both CFEC permit holders and each must have a copy of the permit readily available for inspection;

(4) the permit may be canceled by the department upon the request of one of the joint venture operators;

(5) the gear and site markers required by 5 AAC 39.280 must bear the five-digit CFEC permit serial number of both permit holders;

(6) a single set gillnet may not be more than 150 fathoms in length, except that in the Central Section of the Northwest Kodiak District, a single set gill net may not be more than 175 fathoms in length;

(7) a joint venture may operate not more than three set gillnets, with not more than 300 fathoms of gillnet gear in the aggregate, except that in the Central Section of the Northwest Kodiak District, the aggregate length may be not more than 350 fathoms in length; and

(8) both parties of the joint venture are legally responsible for the operation of all gear of the joint venture.

(f) Set gillnet gear, including running lines, shore leads, anchors, and buoys, may not be placed in the water, and signs required by 5 AAC 18 or 5 AAC 39 may not be placed on the beach, before emergency order openings of the

(1) closed waters areas of Upper Olga Bay described in 5 AAC 18.350(a)(1)(B)(i);

(2) Dog Salmon Flats Section; and

(3) the portions of the Humpy-Deadman and Cape Alitak Sections described in 5 AAC 18.330(d)(3).

(g) No gillnet may be more than 125 meshes in depth.

(h) In the Alitak District, the shoreward end of a set gillnet may not begin further seaward, or in water deeper, than the limit specified for seine webbing in (b) of this section.

(i) In the Alitak Bay, Moser Bay, and Olga Bay Sections, the shoreward end attachment point of a set gillnet must be attached to a point of land or rock that is no more than 2.1 feet below the surface of the water at mean lower low water at Alitak Bay. The shoreward end attachment point of a set gillnet in the Alitak Bay, Moser Bay, and Olga Bay Sections that is not above the surface of the water at all times

(1) must be certified, by a registered land surveyor, to be no more than 2.1 feet below the surface of the water at mean lower low water at Alitak Bay;

(2) must be marked with a permanent survey monument by a registered land surveyor;

(3) may not be below the survey monument; and

(4) may not be more than two horizontal feet from the survey monument; a set gillnet may not be attached to the beach inside closed waters; for the purpose of this subsection, a "registered land surveyor" is a land surveyor registered by the state under AS 08.48 and 12 AAC 36.

(j) Repealed 5/1/2014.

(k) Except for nets which may not be in the water after the closure, set gillnet gear, including running lines, shore leads, anchors, and buoys must be removed from the water, and signs required by 5 AAC 18 or 5 AAC 39 must be removed from the beach, no more than 24 hours after the closure of the

(1) closed waters areas of Upper Olga Bay described in 5 AAC 18.350(a)(1)(B)(i);

(2) Dog Salmon Flats Section; and

(3) the portions of the Humpy-Deadman and Cape Alitak Sections described in 5 AAC 18.330(d)(3).

(l) Notwithstanding 5 AAC 39.250(c), in a set gillnet, in the Kodiak Area, the gillnet web may be single filament.

History

Authority: AS 16.05.251

5 AAC 18.332 Seine specifications and operations {#sec-5-aac-18.332 omnilex-key=us-ak-regs-official--title-5--5 AAC 18.332}

(a) A purse seine or hand purse seine may not be less than 100 fathoms or more than 250 fathoms in length. A seine may not be less than 100 meshes or more than 325 meshes in depth. At least 50 fathoms of a seine must be 150 meshes in depth.

(b) One lead no more than 100 fathoms in length may be used with each purse seine or hand purse seine. The aggregate length of seine and lead may not exceed 250 fathoms. Leads must be removed from the water within two hours after a season or fishing period closure. Each lead must have at each end a buoy, cork, or float plainly and legibly marked with the operator's five-digit CFEC permit serial number.

(d) Beach seines may not be less than 100 meshes in depth.

(e) When an anchor is used during the operation of a purse seine, hand purse seine, or beach seine, only the shoreward end of the seine or lead may be anchored; the seine shall be attached to the licensed vessel, and the vessel may not be anchored, except that, in the operation of a beach seine, an additional anchor, used to anchor the vessel to a beach, may be used only while retrieving the beach seine.

(f) In the Mainland District, it is unlawful to take salmon with the assistance of an aircraft directing the operation of the seine gear.

(g) Seine mesh size may not be more than seven inches.

(h) A ring, strap, purse, or tow line may be attached to the corkline, ribline, or leadline of a beach seine. Hydraulic power may be used to set, retrieve, or purse a beach seine. A beach seine must be set from, and hauled to, a beach, or to a vessel anchored to a beach. One end of a beach seine must remain on a beach above the water surface at all times during the set.

(i) A beach seine has ceased fishing when all of the leadline is out of the water.

(j) Overlapping panels of net web may not be used in seine leads.

(k) Notwithstanding 5 AAC 39.240, a CFEC purse seine salmon permit holder may use a registered salmon seine fishing vessel, when it has seine gear on board, to tow another registered salmon seine fishing vessel with seine gear on board if the permit holder for the vessel being towed is on board one of the vessels.

(l) A purse seine is considered to have ceased fishing as specified in 5 AAC 39.260(c).

History

Authority: AS 16.05.251

5 AAC 18.335 Minimum distance between units of gear {#sec-5-aac-18.335 omnilex-key=us-ak-regs-official--title-5--5 AAC 18.335}

No part of a set gillnet may be set or operated within 900 feet of any part of another set gillnet, or be attached to the beach within 900 feet of another net, except that in the Dog Salmon Flats, Outer Upper Station, Inner Upper Station, Outer Akalura, Humpy-Deadman Section as described in 5 AAC 18.330(d)(4), and Inner Akalura Sections there is no minimum distance between units of set gillnet gear.

History

Authority: AS 16.05.251

5 AAC 18.337 Purse seine practice sets {#sec-5-aac-18.337 omnilex-key=us-ak-regs-official--title-5--5 AAC 18.337}

(a) From May 25 through October 31, purse seine vessels may make practice purse seine sets in the locations specified in (b) of this section. The sets may be made only during daylight hours. All fish caught shall be returned to the water without further harm.

(b) Purse seine practice sets may be made only in the following locations:

(1) inside Lazy Bay west of 154° 13.50' W. long.;

(2) inside Larson Bay west of 153° 59.00' W. long.;

(3) Kodiak, within one-half mile of the Sealand dock;

(4) Old Harbor, within one-half mile of the entrance to the boat harbor;

(5) Port Bailey, within one-half mile of the Port Bailey Cannery dock;

(6) Northeast Arm Uganik, within one-half mile of the Uganik Cannery dock.

History

Authority: AS 16.05.251
Eff. 4/14/93, Register 126; am 6/15/96, Register 138; am 5/29/99, Register 150; am 4/25/2008, Register 186

5 AAC 18.350 Closed waters {#sec-5-aac-18.350 omnilex-key=us-ak-regs-official--title-5--5 AAC 18.350}

(a) Salmon may not be taken in the following waters:

(1) Alitak District:

(A) Humpy Cove: all waters east of a line from the northern entrance of Seaborg Cove at 56° 53.55' N. lat., 153° 58.95' W. long., to a point approximately two and three-quarters miles northeast of Hawk Point at 56° 50.95' N. lat., 154° 03.80' W. long.;

(B) Olga Bay:

(i) Upper Olga Bay: north and west of a line from Stockholm Point at 57° 07.64' N. lat., 154° 06.70' W. long., east to the opposite shore at 57° 07.64' N. lat., 154° 05.00' W. long.;

(ii) Horse Marine: northeast of a line from 57° 06.38' N. lat., 154° 00.00' W. long., to 57° 07.53' N. lat., 154° 03.00' W. long.;

(iii) Olga Narrows: south of 57° 04.36' N. lat., and north of a line from 57° 01.37' N. lat., 154° 08.70' W. long., running east to a point 75 fathoms from the mean low tide mark to 57° 00.12' N. lat., 154° 08.08' W. long.;

(i) Southeast Arm: east of the longitude of Bert Point (153° 51.50' W. long.);

(ii) Sulua Bay: north of 56° 58.54' N. lat.;

(D) Deadman Bay: east of 153° 51.30' W. long.;

(E) Sukhoi Lagoon: in the bay and the lagoon;

(2) Southwest Kodiak District:

(A) all waters east of the terminus of the Ayakulik River (Red River);

(B) all waters east of the terminus of the unnamed stream at 57° 16.30' N. lat., 154° 37.33' W. long.;

(D) all waters of Grant's Lagoon and Halibut Bay Lagoon;

(E) Inner Karluk Section: south of 57° 34.50' N. lat. and east of 154° 28.20' W. long.;

(3) Northwest Kodiak District:

(A) Uyak Bay: south of 57° 23.00' N. lat.;

(B) Zachar Bay: east of 153° 47.60' W. long.;

(D) Little River: south of 57° 50.70' N. lat. and east of 153° 51.89' W. long.;

(E) Cannon's Lagoon (Campbell's): north of 57° 51.24' N. lat. and west of 153° 37.91' W. long.;

(F) Uganik Bay:

(i) South Arm: south of 57° 39.65' N. lat.;

(ii) East Arm (Mush Bay): all waters south and east of a line between the ADF&G regulatory markers located on Mink Point at 57° 43.10' N. lat., 153° 30.95' W. long., and on Packers Spit at 57° 43.95' N. lat., 153° 30.00' W. long.;

(G) North Uganik Passage: south of 57° 49.48' N. lat., to 57° 48.40' N. lat.;

(H) Terror Bay: south of 57° 46.32' N. lat.;

(I) Kizhuyak Bay:

(i) Barabara Cove: west of 152° 54.20' W. long.;

(ii) south of 57° 46.84' N. lat.;

(J) Sharatin Bay: south of 57° 50.63' N. lat.;

(K) Soldier's Bay: within a line from Otmeloi Point to Entrance Point to the southern tip of Low Island to Seredni Point;

(L) Anton Larsen Bay: south of 57° 51.83' N. lat.;

(M) Ouzinkie Harbor: north of a line from Ouzinkie Point at 57° 54.80' N. lat., 152° 31.27' W. long., to a point on Prokoda Island at 57° 54.64' N. lat., 152° 30.39' W. long., and north of a line from Black Point at 57° 54.79' N. lat., 152° 29.24' W. long., to a point on Prokoda Island at 57° 54.66' N. lat., 152° 30.18' W. long.;

(N) Monks Lagoon: all waters of the lagoon northwest of a line between ADF&G regulatory markers located on both sides of the entrance to the lagoon;

(4) Northeast Kodiak District:

(A) Mill Bay and all those waters bounded by a line from Spruce Cape, to the northernmost point of Woody Island, to the northernmost point of Holiday Island, to the northernmost point of Near Island, to the opposite shore on Kodiak Island at 57° 47.32' N. lat., 152° 23.80' W. long.;

(B) Womens Bay: west of 152° 31.50' W. long.;

(D) Kalsin Bay: south of 57° 36.45' N. lat.;

(5) Eastside Kodiak District:

(A) Ugak Bay:

(i) west of 152° 52.65' W. long.;

(ii) Eagle Harbor: south of 57° 25.60' N. lat. and west of 152° 42.40' W. long.;

(iii) Gull Cape Lagoon: in the lagoon;

(iv) Saltery Cove: all waters north of a line from a point at 57° 29.00' N. lat., 152° 43.29' W. long., to a point on the opposite shore at 57° 29.79' N. lat., 152° 47.70' W. long.;

(v) Pasagshak Bay: north of 57° 27.00' N. lat. and east of 152° 27.60' W. long.;

(B) Kiliuda Bay:

(i) west of 153° 03.79' W. long.;

(ii) Dog Bay: north of 57° 19.85' N. lat.;

(D) Sitkalidak Strait: north of the latitude of Old Harbor Village (57° 12.08' N. lat.) and west of 153° 13.00' W. long.;

(E) Barling Bay: inside a line from 57° 10.70' N. lat., 153° 21.90' W. long., to 57° 11.42' N. lat., 153° 20.59' W. long.;

(F) Kaiugnak Bay: west of 153° 39.68' W. long.;

(G) Kiavak Bay: south of 57° 01.10' N. lat. and west of 153° 35.70' W. long.;

(H) Kaguyak Bay: west of 153° 45.45' W. long.;

(I) Seven Rivers: all waters west of the stream terminus of Seven Rivers (stream No. 258-701);

(J) Natalia Bay Lagoon: in the lagoon inside of a line from 57° 05.49' N. lat., 153° 19.30' W. long. to 57° 05.42' N. lat., 153° 19.19' W. long.;

(K) Three Saints Bay: west of 153° 32.00' W. long.;

(6) Afognak District:

(A) Kazakof Bay (Danger Bay): north of 58° 10.88' N. lat.;

(B) Kitoi Bay: all waters near the terminus of Big Kitoi Creek (stream No. 252-324) west of a line from 58° 11.53' N. lat., 152° 21.77' W. long., to 58° 11.25' N. lat., 152° 21.69' W. long., and all waters near the terminus of Little Kitoi Creek (stream No. 252-323) west of a line from 58° 11.69' N. lat., 152° 21.59' W. long., to 58° 11.55' N. lat., 152° 21.59' W. long.;

(D) Pauls Bay (Perenosa): south and east of a line from 58° 23.85' N. lat., 152° 20.80' W. long. to 58° 23.53' N. lat., 152° 21.35' W. long. to 58° 23.30' N. lat., l52° 21.35' W. long.;

(E) Discoverer Bay: south of 58° 19.00' N. lat.;

(F) Paramanof Bay:

(i) East Arm: east of 152° 45.05' W. long.;

(ii) South Arm: south of 58° 15.95' N. lat.;

(iii) Thorsheim Bay (includes stream No. 251-302): south of a line from 58° 17.15' N. lat., 152° 50.40' W. long., to 58° 17.08' N. lat., 152° 50.88' W. long.;

(iv) Long Lagoon Bay: south of 58° 16.38' N. lat.;

(G) Malina Bay:

(i) east of 152° 55.19' W. long.;

(ii) Malka Bay: south of 58° 10.53' N. lat.;

(H) Afognak Bay: north of a line from Otrubisoi Point at 58° 02.00' N. lat., 152° 45.50' W. long. to Settlement Point at 58° 03.00' N. lat., 152° 43.70' W. long.;

(I) Muskomee Bay: east of 153° 04.00' W. long.;

(J) Selief Bay: south of 58° 02.15' N. lat.;

(K) Shuyak Strait:

(i) Shangin Bay (includes streams No. 251-702 to 251-704): south of 58° 33.75' N. lat.;

(ii) Whitey's Hole (includes stream No. 251-702): south of 58° 34.74' N. lat.;

(iii) Carry Inlet (includes stream No. 251-710): south of 58° 34.15' N. lat.;

(iv) Big Bay (includes streams No. 251-601 and 251-603): south of 58° 32.75' N. lat.;

(L) Redfox Bay: south of 58° 27.10' N. lat., and southwest of a line from 58° 27.15' N. lat., 152° 36.85' W. long. to 58° 27.30' N. lat., 152° 37.00' W. long.;

(M) Bluefox Bay: south of 58° 25.70' N. lat.;

(N) Izhut Bay: all waters near the terminus of stream No. 252-302, north of 58° 14.36' N. lat. and west of 152° 17.73' W. long.;

(O) Marka Bay: all waters near the terminus of stream No. 252-343 west of 152° 39.42' W. long.;

(7) Mainland District:

(A) Swikshak Lagoon: all waters of the lagoon;

(B) Kukak Bay: all waters west of a line from a point at 58° 18.86' N. lat., 154° 16.49' W. long., then to a point at 58° 18.69' N. lat., 154° 16.33' W. long., then to a point at 58° 17.58' N. lat., 154° 17.20' W. long., then to a point at 58° 15.90' N. lat., 154° 16.63' W. long.;

(D) Wide Bay:

(i) west of 156° 30.00' W. long.;

(ii) Big Creek (stream No. 262-851): north of 57° 28.20' N. lat. and west of 156° 11.94' W. long.;

(E) Chiniak Lagoon (stream No. 262-154): south of 58° 31.50' N. lat. and west of 153° 54.50' W. long.;

(F) all waters of Big River (stream No. 262-152) flats west of 153° 52.50' W. long.;

(G) Hallo Bay:

(i) Niniagiak River: north of 58° 28.10' N. lat. and west of 154° 04.00' W. long.;

(ii) Serpent Creek: south of 58° 26.40' N. lat. and west of 154° 03.70' W. long.;

(H) Village Creek (stream No. 262-153): north of 58° 33.00' N. lat. and west of 153° 53.80' W. long.;

(I) Kinak Bay (includes stream No. 262-451): north of 58° 10.64' N. lat. and east of 154° 27.45' W. long.;

(J) Dry Bay: all waters of Dry Bay (includes stream No. 262-752) west of 155° 44.00' W. long.;

(8) within the freshwater salmon streams and rivers of the Kodiak Area, including streams not listed in this subsection designated on the ADF&G Kodiak Area Salmon Statistical Chart (Revision, January 2014), adopted by reference, with streams marked with a circled number remaining open to commercial salmon fishing up to a straight line between the seaward extremities of the exposed tideland banks and streams marked without a circled number remaining closed to commercial salmon fishing in all salt water within 500 yards of all points of a straight line extending between the seaward extremities of the exposed tideland banks, or as marked by ADF&G regulatory markers; the provisions of 5 AAC 39.290 do not apply to the Kodiak Area;

(9) repealed 4/9/2005;

(10) all waters seaward of the territorial sea of Alaska as shown on National Oceanic and Atmospheric Nautical Chart Number 16580 (13th Edition, January 2005), adopted by reference, and all waters seaward of the territorial sea of Alaska as shown on the ADF&G Kodiak Area Salmon Statistical Chart (Revision, January 2014).

(b) Where regulatory markers have been deployed by the department to aid fishermen in determining closed waters locations listed in this section, the markers will be placed either as close as possible to the described locations or in a location deemed necessary by the department. If the location of a regulatory marker is in conflict with the closed waters listed in this section, it is illegal to fish on the streamward side of that marker.

History

Authority: AS 16.05.251

5 AAC 18.355 Reporting requirements {#sec-5-aac-18.355 omnilex-key=us-ak-regs-official--title-5--5 AAC 18.355}

(b) A commercial fisherman shall report, on an ADF&G fish ticket at the time of landing, the number of salmon taken but not sold.

History

Authority: AS 16.05.251
Eff. 6/2/88, Register 106; am 4/14/93, Register 126

5 AAC 18.360 Cape Igvak Salmon Management Plan {#sec-5-aac-18.360 omnilex-key=us-ak-regs-official--title-5--5 AAC 18.360}

(a) In years when a harvestable surplus beyond escapement goals for the first (Black Lake) and second (Chignik Lake) runs of Chignik River system sockeye salmon is expected to be less than 600,000, there will be no commercial salmon fishery allowed in the Cape Igvak Section, as described in 5 AAC 18.200(g)(8), until a harvest of 300,000 sockeye salmon in the Chignik Area, as described in 5 AAC 15.100, is achieved. After at least 300,000 sockeye salmon have been harvested in the Chignik Area, and if escapement goals are being met, the department shall manage the fishery so that the number of sockeye salmon harvested in the Chignik Area will be at least 600,000 through July 5 and the harvest in the Cape Igvak Section will approach as near as possible 7.5 percent of the total Chignik sockeye salmon catch.

(b) In years when a harvestable surplus beyond escapement goals for the first and second runs of Chignik River system sockeye salmon is expected to be more than 600,000 through July 5, but the first run fails to develop as predicted and it is determined that a total sockeye salmon harvest in the Chignik Area of 600,000 or more through July 5 may not be achieved, the Cape Igvak Section commercial salmon fishery will be curtailed in order to allow at least a minimum harvest in the Chignik Area of 600,000 sockeye salmon through July 5 if that number of fish are determined to be surplus to the escapement goals of the Chignik River system. After at least 300,000 sockeye salmon have been harvested in the Chignik Area, and if escapement goals are being met, the department shall manage the fishery so that the number of sockeye salmon harvested in the Chignik Area will be at least 600,000 through July 5 and the harvest in the Cape Igvak Section will approach as near as possible 7.5 percent of the total Chignik sockeye salmon catch.

(c) In years when a harvestable surplus beyond the escapement goals for the first and second runs of Chignik River system sockeye salmon is expected to be more than 600,000 through July 5 and the department determines the runs are as strong as expected, the department will manage the fishery in such a manner whereby the number of sockeye salmon taken in the Cape Igvak Section will approach as near as possible 7.5 percent of the total Chignik sockeye salmon catch.

(d) The total Chignik sockeye salmon catch constitutes those sockeye salmon caught within the Chignik Area plus 80 percent of the sockeye salmon caught in the East Stepovak, Southwest Stepovak, Stepovak Flats, Balboa Bay, and Beaver Bay Sections, as described in 5 AAC 09.200(f), plus 90 percent of the sockeye salmon caught in the Cape Igvak Section. The harvest in the Cape Igvak Section at any time through July 5 may be permitted to fluctuate above or below 7.5 percent of the cumulative Chignik sockeye salmon catch.

(e) This allocation method will be in effect through July 5. The first fishing period of the commercial salmon fishing season in the Cape Igvak Section will not occur before the first fishing period of the commercial salmon fishing season in the Chignik Area.

(f) During the period from approximately June 26 through July 5, the strength of the second run of Chignik River system sockeye salmon cannot be evaluated. In order to prevent overharvest of the second run, commercial salmon fishing in the Cape Igvak Section will, in the department's discretion, be disallowed or severely restricted during this period.

(g) The department shall announce commercial salmon fishing periods by emergency order. The department shall give at least one-day notice prior to the opening of a commercial salmon fishing period unless it is an extension of a fishing period in progress.

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 18.361 Alitak District Salmon Management Plan {#sec-5-aac-18.361 omnilex-key=us-ak-regs-official--title-5--5 AAC 18.361}

(a) The department shall manage the commercial salmon fishery in the Alitak District in accordance with the management plan set out in this section. The goal of the management plan is to achieve escapement and harvest objectives of salmon stocks returning to the Humpy-Deadman Section systems, and the Horse Marine, Frazer, Akalura, and Upper Station systems.

(1) repealed 4/15/2017;

(2) repealed 4/15/2017;

(3) repealed 4/15/2017;

(b) In the Cape Alitak, Humpy-Deadman, Alitak Bay, Moser Bay, and Olga Bay Sections, from June 1 through June 13, the commissioner may open, by emergency order, a 33-hour commercial test fishing period beginning at 12:00 noon. From the conclusion of the commercial test fishing period through September 15, there shall be a minimum closure of 63 consecutive hours in every 10-day period, to apply to each section individually as each section closes, unless the department determines that the sockeye salmon escapement goals will be achieved for the Frazer and Upper Station sockeye salmon runs.

(c) All fishing periods in the Cape Alitak, Alitak Bay, Moser Bay, and Olga Bay Sections will open and close at the same time.

(1) repealed 4/15/2017;

(2) repealed 4/15/2017;

(3) repealed 4/15/2017;

(4) repealed 4/15/2017;

(d) Repealed 4/15/2017;

(e) Repealed 4/9/2005.

(f) Repealed 4/9/2005.

(g) The Cape Alitak Section shall be managed as follows: from June 1 through June 30, based on the Frazer and early Upper Station systems sockeye salmon returns. From July 1 through July 15, based on either the Frazer or early Upper Station systems sockeye salmon returns. From July 16 through August 9, in odd-numbered years, the Cape Alitak Section shall be managed based on either the sockeye salmon or pink salmon return to the Frazer system, and in even-numbered years it shall be managed based on the sockeye salmon return to either the Frazer system or to the Upper Station system. From August 10 through August 25, in odd-numbered years, the Cape Alitak Section shall be managed based on the sockeye salmon return to the Upper Station system, and in even-numbered years it shall be managed based on either the pink salmon return to the Frazer system or on the sockeye salmon return to the Upper Station system. From August 26 through the end of the fishing season, the Cape Alitak Section shall be managed based on the coho and sockeye salmon returns to the entire Alitak District.

(h) The Alitak Bay, Moser Bay, and Olga Bay Sections shall be managed as follows: from June 1 through June 30, based on the Frazer and early Upper Station systems sockeye salmon returns. From July 1 through July 15, based on either the Frazer or early Upper Station systems sockeye salmon returns. From July 16 through August 9, in odd-numbered years, the Alitak Bay, Moser Bay, and Olga Bay Sections shall be managed based on either the sockeye salmon or pink salmon return to the Frazer system, and in even-numbered years it shall be managed based on the sockeye salmon return to either the Frazer system or the Upper Station system. From August 10 through August 25, in odd-numbered years, the Alitak Bay, Moser Bay, and Olga Bay Sections shall be managed based on the sockeye salmon return to the Upper Station system, and in even-numbered years it shall be managed based on either the pink salmon return to the Frazer system or on the sockeye salmon return to the Upper Station system. From August 26 through the end of the fishing season, the Alitak Bay, Moser Bay, and Olga Bay Sections shall be managed based on the coho and late sockeye salmon returns to all Olga Bay systems.

(i) The Humpy-Deadman Section shall be managed, from June 1 through July 15, at the same time, and with equal fishing time, with the Cape Alitak Section. After July 15, the Humpy-Deadman Section shall be managed based on the strength of salmon returns to systems located within the Humpy-Deadman Section.

(j) The Dog Salmon Flats Section shall be managed, from June 1 through August 20, based on sockeye and pink salmon returns to the Frazer system. From August 21 through the end of the fishing season, the Dog Salmon Flats Section shall be managed based on coho salmon returns to the Dog Salmon River and Horse Marine systems. These openings may not jeopardize achievement of minimum escapement goals for other salmon species. The department shall give at least 24-hours' advance notice before opening the Dog Salmon Flats Section.

(k) The Inner and Outer Akalura Sections shall be managed, from June 1 through August 20, based on sockeye salmon returns to the Akalura system. From August 21 through August 26, the Inner and Outer Akalura Sections shall be managed based on coho and sockeye salmon returns to the Akalura system. After August 26, the Inner and Outer Akalura Sections shall be managed based on coho salmon returns to the Akalura system. The Inner and Outer Akalura Sections may be opened to fishing only when the department determines that escapement goals will be exceeded. These openings may not jeopardize achievement of minimum escapement goals for other salmon species. The department shall give at least 24-hours' advance notice before opening either the Inner or Outer Akalura Sections.

(l) The Inner and Outer Upper Station Sections shall be managed, from June 1 through August 25, based on early and late returns of sockeye salmon to the Upper Station system. After August 25, the Inner and Outer Upper Station Sections shall be managed based on coho and late sockeye salmon returns to the Upper Station system. The Inner and Outer Upper Station Sections may be opened to fishing only when the department determines that escapement goals will be exceeded. These openings may not jeopardize achievement of minimum escapement goals for other salmon species. The department shall give at least 24-hours' advance notice before opening either the Inner or Outer Upper Station Sections.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 6/2/88, Register 106; am 5/29/99, Register 150; am 5/4/2002, Register 162; am 6/5/2003, Register 166; am 4/9/2005, Register 174; am 4/21/2011, Register 198; am 5/1/2014, Register 210; am 4/15/2017, Register 222

5 AAC 18.362 Westside Kodiak Salmon Management Plan {#sec-5-aac-18.362 omnilex-key=us-ak-regs-official--title-5--5 AAC 18.362}

5 AAC 18.362 was used temporarily (6/14/89 - 10/11/89) for an emergency regulation on "Amendment of Management Plans Regarding Kodiak Area." The history note for the present section does not include the history of the emergency section, which expired under AS 44.62.260.

(a) The goal of the Westside Kodiak Management Plan is to achieve escapement and harvest objectives of sockeye salmon returning to the Karluk, Ayakulik, and other Westside minor sockeye salmon systems, and of pink, chum, and coho salmon returning to systems in the Southwest Afognak, Central, North Cape, Anton Larsen Bay, Sharatin Bay, Kizhuyak Bay, Terror Bay, Inner Uganik Bay, Spiridon Bay, Zachar Bay, Uyak Bay, Outer Karluk, Inner Karluk, Sturgeon Bay, Halibut Bay, Outer Ayakulik, and Inner Ayakulik Sections. It is the intent of the board that salmon bound to these systems be harvested to the extent possible by the traditional fisheries located in all 17 sections. The department shall manage the Northwest Kodiak and the Southwest Kodiak Districts and the Southwest Afognak Section in accordance with the guidelines set out in this plan.

(b) The Central and North Cape Sections must be managed

(2) from approximately June 16 through July 5, based on early-run sockeye salmon returning to the Karluk system;

(3) from approximately July 6 through August 15, based on pink salmon returning to the major pink salmon systems in the Northwest Kodiak District, or based on pink salmon returning to the Karluk system;

(4) from approximately August 16 through August 24, based on pink salmon returning to the Northwest Kodiak District and on late-run sockeye salmon returning to the Karluk system;

(5) from approximately August 25 through September 5, based on late-run sockeye salmon returning to the Karluk system; and

(6) after approximately September 5, based on late-run sockeye salmon returning to the Karluk system and coho salmon returning to the Northwest Kodiak District.

(c) The Anton Larsen Bay, Sharatin Bay, Kizhuyak Bay, Terror Bay, Inner Uganik Bay, Spiridon Bay, Zachar Bay, and Uyak Bay Sections must be managed

(1) from June 1 through approximately June 15, based on local sockeye and early-run chum salmon returning to the major systems in each section; the commissioner shall open, by emergency order, at least two commercial test fishing periods of 33 hours in length to occur at the same time as those in the Central and North Cape Sections;

(2) from approximately June 16 through July 5, based on local sockeye and early-run chum salmon returning to the major systems in each section;

(3) from approximately July 6 through July 31, based on local sockeye, pink, and early-run chum salmon returning to the major systems in each section;

(4) from approximately August 1 through August 24, based on local pink and late-run chum salmon returning to the major systems in each section;

(5) from approximately August 25 through September 5, based on local pink, late-run chum, and coho salmon returning to the major salmon systems in each section; and

(6) after approximately September 5, based on coho salmon returning to the major coho salmon systems in each section.

(d) The Southwest Afognak Section must be managed

(1) from June 1 through approximately June 15, as a mixed-stock fishery directed on early-run sockeye salmon returning to Karluk, Ayakulik, and Olga Bay systems; the commissioner shall open, by emergency order, one commercial test fishing period of 33 hours in length; the department may allow additional fishing time in the Malina Creek Terminal Harvest Area described in 5 AAC 18.378 in order to harvest sockeye salmon bound for Malina Creek;

(2) from approximately June 16 through July 5, based on early-run sockeye salmon returning to the Karluk system; the department may allow additional fishing time in the Malina Creek Terminal Harvest Area described in 5 AAC 18.378 in order to harvest sockeye salmon bound for Malina Creek;

(3) from approximately July 6 through August 15, based on pink salmon returning to the major pink salmon systems in the Southwest Afognak Section and the Northwest Kodiak District, or based on pink salmon returning to the Karluk system; from July 6 through July 25, the section must also be managed according to 5 AAC 18.363(c), the North Shelikof Management Plan;

(4) from approximately August 16 through August 24, based on pink salmon returning to the major pink salmon systems in the Southwest Afognak Section and the Northwest Kodiak District and on the late-run sockeye salmon returning to the Karluk system;

(5) from approximately August 25 through September 5, based on late-run sockeye salmon returning to the Karluk system; and

(6) after approximately September 5, based on coho salmon returning to the major coho salmon systems in the Southwest Afognak District.

(e) The Inner and Outer Karluk Sections must be managed

(1) from June 1 through July 15, based on early-run sockeye salmon returning to the Karluk system; the commissioner may only open by emergency order fishing periods in the Inner Karluk Section if the department determines that the midpoint of the early-run escapement goal range will be achieved; in the Outer Karluk Section, from June 16 through approximately July 15, the commissioner may open fishing periods to occur at the same time as open fishing periods in the Central Section;

(2) from July 16 through approximately August 24

(A) on odd-year cycles, based on late-run sockeye salmon returning to the Karluk system;

(B) on even-year cycles, based on late-run sockeye and pink salmon returning to the Karluk system;

(3) from approximately August 25 through September 5, based on late-run sockeye salmon returning to the Karluk system; and

(4) after approximately September 5, based on late-run sockeye salmon and coho salmon returning to the Karluk system.

(f) The Sturgeon and Halibut Bay Sections must be managed

(1) from June 1 through approximately June 22, as mixed-stock fisheries directed on early-run sockeye salmon returning to the Karluk, Ayakulik, and Olga Bay systems; the department shall not open any commercial fishing periods during this time;

(2) from approximately June 23 through July 15, based on early-run sockeye salmon returning to the Ayakulik and Karluk systems, except that the Sturgeon Section must also be managed with consideration for early-run chum salmon returning to the Sturgeon system;

(3) from approximately July 16 through August 15,

(A) in the Sturgeon Section

(i) on odd-year cycles, based on late-run sockeye salmon returning to the Karluk system;

(ii) on even-year cycles, based on late-run sockeye salmon returning to the Karluk system and on pink salmon returning to the Sturgeon system;

(B) in the Halibut Bay Section

(i) on odd-year cycles, from approximately July 16 through July 31 on late-run sockeye salmon returning to the Ayakulik system, and from approximately August 1 through August 15 on late-run sockeye salmon returning to the Karluk system;

(ii) on even-year cycles, from approximately July 16 through July 31 on late-run sockeye salmon and pink salmon returning to the Ayakulik system, and from approximately August 1 through August 15 on late-run sockeye salmon returning to the Karluk system and on pink salmon returning to the Ayakulik system;

(4) from approximately August 16 through August 24,

(A) in the Sturgeon section

(i) on odd-year cycles based on late run sockeye salmon returning to the Karluk system;

(ii) on even-year cycles based on late run sockeye salmon returning to the Karluk system and pink salmon returning the Sturgeon system;

(B) in the Halibut Bay section

(i) on odd-year cycles based on late run sockeye salmon returning to the Karluk system;

(ii) on even-year cycles based on late run sockeye salmon returning to the Karluk system and pink salmon returning the Ayakulik system;

(5) from approximately August 25 through September 5, based on late-run sockeye salmon returning to the Karluk system; and

(6) after approximately September 5, based on coho salmon returning to local coho salmon systems.

(g) The Inner and Outer Ayakulik Sections must be managed

(1) from June 1 through approximately July 15, based on early-run sockeye salmon returning to the Ayakulik River; during this time, the commissioner may open, by emergency order, fishing periods in the Inner Ayakulik Section only if the department determines that the upper bound of the Ayakulik River early-run sockeye salmon escapement goal will be achieved;

(2) from approximately July 16 through August 24,

(A) on odd-year cycles, based on late-run sockeye salmon returning to the Ayakulik system;

(B) on even-year cycles, based on late-run sockeye and pink salmon returning to the Ayakulik system; and

(3) after approximately August 24, based on coho salmon returning to the Ayakulik system.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 4/19/90, Register 114; am 5/4/2002, Register 162; am 4/9/2005, Register 174; am 4/15/2017, Register 222; 6/5/2020, Register 234; am 4/21/2024, Register 250

5 AAC 18.363 North Shelikof Strait Sockeye Salmon Management Plan {#sec-5-aac-18.363 omnilex-key=us-ak-regs-official--title-5--5 AAC 18.363}

(a) The purpose of the North Shelikof Strait Sockeye Salmon Management Plan is to allow traditional fisheries in the area to be conducted on Kodiak Area salmon stocks, while minimizing the directed harvest of Cook Inlet sockeye salmon stocks. The board recognizes that some incidental harvest of other stocks has and will occur in this area while the seine fishery is managed for Kodiak Area salmon stocks. The board intends, however, to prevent a repetition of the nontraditional harvest pattern which occurred during 1988.

(b) From July 6 through August 1 in the Alinchak Bay, Katmai, Dakavak Bay, Outer Kukak Bay, Inner Kukak Bay, Hallo Bay, and Big River Sections of the Mainland District, and in the Shuyak Island and Northwest Afognak Sections of the Afognak District, the department shall manage the fishery as follows:

(1) management of the fishery must be based on local stocks;

(2) the fishery may remain open during normal fishing periods until the harvest exceeds 20,000 sockeye salmon;

(3) when the harvest exceeds 20,000 sockeye salmon, the department shall restrict the fishery by emergency order to waters of the

(A) Alinchak Bay, Katmai, Dakavak Bay, Outer Kukak Bay, Inner Kukak Bay, Hallo Bay, and Big River Sections west of a line from Cape Douglas at 58° 51.10' N. lat., 153° 15.10' W. long., to a point at 58° 42.90' N. lat., 153° 25.95' W. long., to a point east of Swikshak River at 58° 37.97' N. lat., 153° 35.55' W. long., to Cape Chiniak at 58° 30.96' N. lat., 153° 54.50' W. long., to Cape Nukshak at 58° 23.50' N. lat., 153° 58.90' W. long., to Cape Ugyak at 58° 16.55' N. lat., 154° 06.15' W. long., to Cape Gull at 58° 13.04' N. lat., 154° 08.60' W. long., to Cape Kuliak at 58° 08.10' N. lat., 154° 12.30' W. long., to Cape Atushagvik at 58° 05.00' N. lat., 154° 18.90' W. long., to Cape Ilktugitak at 58° 01.17' N. lat., 154° 35.00' W. long., to the southern entrance of Dakavak Bay at 58° 01.00' N. lat., 154° 43.60' W. long., to Cape Kubugkli at 57° 52.39' N. lat., 155° 05.01' W. long., to Cape Kekurnoi at 57° 43.50' N. lat., 155° 18.09' W. long., to a point at 57° 39.51' N. lat., 155° 35.74' W. long.;

(B) Shuyak Island Section south and east of a line from Point Banks at 58° 37.95' N. lat., 152° 18.90' W. long., to Dark Island at 58° 38.72' N. lat., 152° 33.15' W. long., to Gull Island at 58° 35.80' N. lat., 152° 38.70' W. long., to the northern entrance of Big Bay at 58° 33.85' N. lat., 152° 40.30' W. long., to the western entrance of Blue Fox Bay at 58° 27.68' N. lat., 152° 43.65' W. long.;

(C) Northwest Afognak Section south and east of a line from one-half mile west of the northern entrance of Big Bay at 58° 33.85' N. lat., 152° 40.30' W. long., to one-half mile west of the western entrance of Blue Fox Bay at 58° 27.68' N. lat., 152° 43.65' W. long., to one-half mile west of Black Cape at 58° 24.50' N. lat., 152° 53.30' W. long., to one-half mile west of Cape Paramanof at 58° 18.33' N. lat., 153° 02.65' W. long.

(c) From July 6 through July 25 in the Southwest Afognak Section of the Afognak District, the department shall manage the fishery as follows:

(1) management of the fishery must be based on local stocks consistent with 5 AAC 18.362(d)(3);

(2) the fishery may remain open during normal fishing periods until the harvest exceeds 50,000 sockeye salmon;

(3) when the harvest exceeds 50,000 sockeye salmon, the commissioner shall restrict, by emergency order, the fishery to waters of the Southwest Afognak Section east of a line from one-half mile west of Cape Paramanof at 58° 18.33' N. lat., 153° 02.65' W. long., to one-half mile west of Tanaak Cape at 58° 15.53' N. lat., 153° 06.25' W. long., to one-half mile west of Steep Cape at 58° 12.05' N. lat., 153° 12.65' W. long., to one-half mile west of a point at 58° 08.38' N. lat., 153° 19.00' W. long., to one-half mile west of Raspberry Cape at 58° 03.58' N. lat., 153° 25.20' W. long.

(d) From July 6 through August 1 in the Cape Igvak Section of the Mainland District, the department shall manage the fishery as follows:

(1) management of the fishery must be based on local stocks consistent with 5 AAC 18.369(h);

(2) the fishery may remain open during normal fishing periods until the harvest exceeds 20,000 sockeye salmon based on fish ticket information;

(3) when the harvest exceeds 20,000 sockeye salmon based on fish ticket information, the commissioner shall restrict, by emergency order, the fishery to waters of the Cape Igvak Section west of a line from 57° 39.51' N. lat., 155° 35.74' W. long., to Cape Unalishagvak at 57° 32.64' N. lat., 155° 43.87' W. long., to Cape Igvak at 57° 26.04' N. lat., 156° 01.43' W. long., to Kilokak Rocks at 57° 10.34' N. lat., 156° 20.22' W. long.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 4/19/90, Register 114; am 4/14/93, Register 126; am 6/15/96, Register 138; am 4/25/2008, Register 186; am 6/5/2020, Register 234

5 AAC 18.364 Crescent Lake Coho Salmon Management Plan {#sec-5-aac-18.364 omnilex-key=us-ak-regs-official--title-5--5 AAC 18.364}

(a) From July 15 through October 31, the department shall manage the commercial, sport, and subsistence fisheries in Settler Cove to provide for full utilization of the enhanced stock of coho salmon returning to Crescent Lake in accordance with the Crescent Lake Coho Salmon Management Plan in this section.

(b) Sport and subsistence fisheries are allowed in all waters of Settler Cove consistent with 5 AAC 64 and 5 AAC 01.

(c) The department may open, by emergency order, those waters of Settler Cove, between the causeway and a line from the seaward end of the Port Lions breakwater to a department marker located directly across Settler Cove from the breakwater, to the commercial taking of salmon only as follows:

(1) the department may not allow the commercial taking of salmon before September 10; and

(2) before opening the fishery, the department shall determine that 500 or more coho salmon are available in Settler Cove for harvest.

History

Authority: AS 16.05.060; AS 16.05.251; AS 16.05.258
Eff. 4/19/90, Register 114; am 4/14/93, Register 126

5 AAC 18.365 Eastside Afognak Salmon Management Plan {#sec-5-aac-18.365 omnilex-key=us-ak-regs-official--title-5--5 AAC 18.365}

(a) The goal of the management plan set out in this section is to achieve escapement and harvest objectives of sockeye, pink, coho, and chum salmon returning to natural spawning systems in the Raspberry Strait, Southeast Afognak, Duck Bay, Izhut Bay, and Kitoi Bay Sections, and broodstock to Kitoi Bay hatchery. It is the intent of the board that salmon bound to these systems be harvested by the commercial fisheries located in these sections.

(b) The Southeast Afognak Section shall be managed based on sockeye salmon returning to Afognak Lake from June 1 through July 5. From July 6 through August 24, fishing opportunities will be based on pink salmon returning to major systems in Afognak, Kazakof (Danger), and Marka Bays. After August 24, fishing time will be dependent on coho salmon returning to the Southeast Afognak Section.

(c) The Duck Bay Section shall be managed based on early chum or sockeye salmon returns to Kitoi Bay hatchery from June 1 through July 18. From July 19 through August 24, fishing time will be based on returning mixed wild and hatchery pink salmon. After August 24, the Duck Bay Section shall be managed on local coho salmon runs.

(d) The Izhut Bay Section shall be managed based on the early chum or sockeye salmon returning to Kitoi Bay hatchery from June 1 through July 26. Fishing time the Izhut Bay Section will depend on returning wild and hatchery pink salmon from July 27 through August 24. After August 24, fishing time will be dependent on returns of local coho salmon and hatchery-bound sockeye or coho salmon runs. Throughout the season, fishing time may be restricted in order to meet cost recovery goals for hatchery-bound chum, sockeye, pink, or coho salmon.

(e) The Inner and Outer Kitoi Bay Sections shall be managed based on early-run chum or sockeye salmon returning to the Kitoi Bay hatchery from June 1 through July 26. From June 18 through July 26, fishing opportunities will not occur in the Inner Kitoi Bay Section until chum or sockeye salmon broodstock requirements for the hatchery are assured. From July 27 through August 24, the Inner and Outer Kitoi Bay Sections shall be managed for pink salmon broodstock requirements. Fishing time may occur if the pink salmon broodstock requirements are not jeopardized. After August 24, fishing opportunities may be provided to harvest returning late sockeye and coho salmon that exceed broodstock needs. Throughout the season, fishing time may be restricted in order to meet cost recovery goals for hatchery-bound chum, sockeye, pink, or coho salmon.

(f) The Raspberry Strait Section shall remain closed to fishing until July 6. From July 6 through August 24, the Raspberry Strait Section shall be managed based on local and mixed Kodiak pink salmon returns. After August 24, the Raspberry Strait Section shall be managed based on returns of coho salmon to streams located within the Raspberry Strait Section.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 4/14/93, Register 126; am 5/29/99, Register 150; am 5/4/2002, Register 162; am 4/9/2005, Register 174

5 AAC 18.366 Spiridon Bay Sockeye Salmon Management Plan {#sec-5-aac-18.366 omnilex-key=us-ak-regs-official--title-5--5 AAC 18.366}

(a) The department shall manage the commercial, sport, and subsistence fisheries in Spiridon Bay to provide for full use of the enhanced stock of sockeye salmon returning to Spiridon Lake.

(b) The purpose of the Spiridon Bay harvest strategy is to allow the orderly harvest of sockeye salmon returning to Telrod Cove from the Spiridon Lake enhancement project while providing adequate protection for local natural salmon stocks returning to other streams of the bay. The intent of the enhancement project is for the harvest of returning enhanced salmon to occur in traditional commercial fishing areas of the Northwest Kodiak District during openings directed at harvesting Karluk sockeye and westside pink and chum salmon stocks. Throughout the season, fishing time in the Spiridon Bay Special Harvest Area may be restricted in order to meet cost recovery goals for enhanced sockeye salmon.

(c) The Spiridon Bay Special Harvest Area consists of all waters of Telrod Cove north of a line extending from Stream Point at 57° 39.00' N. lat., 153° 38.50' W. long., to a point at 57° 38.80' N. lat., 153° 37.70' W. long.

(d) Only purse seines and beach seines may be operated in the Spiridon Bay Special Harvest Area.

(e) Repealed 3/16/96.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 4/14/93, Register 126; am 3/16/96, Register 137; am 6/15/96, Register 138; am 5/4/2002, Register 162; am 4/9/2005, Register 174; am 4/15/2017, Register 222

5 AAC 18.367 Eastside Kodiak Salmon Management Plan {#sec-5-aac-18.367 omnilex-key=us-ak-regs-official--title-5--5 AAC 18.367}

(a) The goal of the Eastside Kodiak Salmon Management Plan is to achieve escapement and harvest objectives for sockeye, pink, chum, and coho salmon returning to natural spawning systems located in the Northeast Kodiak and Eastside Kodiak Districts. The commissioner shall open and close, by emergency order, commercial fishing periods under this plan.

(b) In the Northeast Kodiak District, the

(1) Outer Chiniak Bay Section shall remain closed until July 6; from July 6 through August 24, fishing opportunities shall be based on the abundance of local and mixed Kodiak pink salmon; from August 25 through September 5, fishing opportunities shall be based on runs of local pink and coho salmon; after September 5, fishing opportunities shall be based on the abundance of local coho salmon;

(2) Inner Chiniak Bay Section shall remain closed until July 6; from July 6 through August 24, fishing opportunities shall be based on the abundance of local and mixed Kodiak pink and chum salmon; from August 25 through September 5, fishing opportunities shall be based on the abundance of local pink and coho salmon; after September 5, fishing opportunities shall be based on the abundance of local coho salmon;

(3) Buskin River Section shall remain closed until July 6; from July 6 through July 15, fishing opportunities shall be based on the abundance of local pink salmon and Buskin Lake sockeye salmon; from July 16 through August 24, fishing opportunities shall be based on the abundance of local pink and chum salmon; from August 25 through September 5, fishing opportunities shall be based on the abundance of local pink and coho salmon; after September 5, fishing opportunities shall be based on the abundance of local coho salmon;

(4) Monashka/Mill Bay Section shall remain closed until July 6; from July 6 through August 24, fishing opportunities shall be based on the abundance of local and mixed Kodiak pink salmon; from August 25 through September 5, fishing opportunities shall be based on the abundance of local pink and coho salmon; after September 5, fishing opportunities shall be based on the abundance of local coho salmon.

(1) Seven Rivers, Two Headed, and Sitkalidak Sections, from June 14 through July 5, fishing opportunities shall be based on the abundance of local and mixed Kodiak sockeye salmon and there may not be more than two 33-hour fishing periods; from July 6 through August 24, fishing opportunities shall be based on the abundance of local and mixed Kodiak pink and chum salmon; from August 25 through September 5, fishing opportunities shall be based on the abundance of local pink, chum, and coho salmon; after September 5, fishing opportunities shall be based on the abundance of local coho salmon;

(2) Outer Ugak Bay Section, from June 14 through June 21, fishing opportunities shall be based on the abundance of local and mixed Kodiak sockeye salmon; from June 22 through July 5, fishing opportunities shall be based on sockeye salmon bound to the Pasagshak River; from July 6 through August 24, fishing opportunities shall be based on the abundance of local and mixed Kodiak pink and chum salmon; from August 25 through September 5, fishing opportunities shall be based on the abundance of local pink, chum, and coho salmon; after September 5, fishing opportunities shall be based on the abundance of late-run chum and coho salmon;

(3) Inner Ugak Bay Section, from June 14 through June 21, fishing opportunities shall be based on the abundance of local and mixed Kodiak sockeye salmon and there may not be more than two 33-hour fishing periods; from June 22 through July 5, fishing opportunities shall be based on sockeye salmon bound to Saltery Lake; from July 6 through July 31, fishing opportunities shall be based on the abundance of local pink, chum, and Saltery Lake sockeye salmon; from August 1 through August 24, fishing opportunities shall be based on the abundance of local pink and chum salmon; from August 25 through September 5, fishing opportunities shall be based on the abundance of local pink and coho salmon; after September 5, fishing opportunities shall be based on the abundance of local coho salmon.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 3/16/96, Register 137; am 4/9/2005, Register 174

5 AAC 18.368 North Afognak/Shuyak Island Salmon Management Plan {#sec-5-aac-18.368 omnilex-key=us-ak-regs-official--title-5--5 AAC 18.368}

(a) The goal of the North Afognak/Shuyak Island Management Plan is to achieve escapement and harvest objectives of sockeye, pink, and coho salmon returning to spawning systems located in the Northeast Afognak, Perenosa Bay, Pauls Bay, Shuyak Island, and Northwest Afognak Sections. The commissioner shall open and close, by emergency order, commercial fishing under this plan.

(b) The Northeast Afognak Section shall remain closed before July 6. From July 6 through August 24, fishing opportunities shall be based on the abundance of local and mixed Kodiak pink salmon. From August 25 through September 5, fishing opportunities shall be based on the abundance of local pink and coho salmon. After September 5, fishing opportunities shall be based on the abundance of local coho salmon.

(c) In the Perenosa Bay Section, from June 1 through July 5, fishing opportunities shall be based on sockeye salmon returning to Pauls Bay and Portage Lake. Additional fishing time to harvest sockeye salmon bound to Waterfall Lake will occur in the Waterfall Bay Special Harvest Area only. From July 6 through July 20, fishing opportunities shall be based on the abundance of local and mixed Kodiak pink salmon and sockeye salmon bound to Portage Lake and Pauls Bay. From July 21 through August 20, fishing opportunities shall be based on the abundance of local and mixed Kodiak pink salmon. From August 21 through September 5, fishing opportunities shall be based on the abundance of local pink and coho salmon. After September 5, fishing opportunities shall be based on the abundance of local coho salmon.

(d) The Shuyak Island Section shall remain closed before July 6. From July 6 through August 1, fishing opportunities shall be based on the abundance of local and mixed Kodiak pink salmon. After August 1, fishing opportunities shall be based on the abundance of local coho salmon. From July 6 through July 25, the Shuyak Island Section shall also be managed in accordance with 5 AAC 18.363(b).

(e) In the Northwest Afognak Section, from June 1 through July 5, fishing opportunities shall be based on sockeye salmon bound to Thorsheim and Long Lagoon and there may not be more than two 33-hour fishing periods. Additional fishing time to harvest sockeye salmon bound for Hidden Lake will occur in the Foul Bay Special Harvest Area only. From July 6 through August 24, fishing opportunities shall be based on the abundance of local and mixed pink salmon. After August 24, fishing opportunities shall be based on the abundance of local coho salmon. Additional fishing time to harvest coho salmon bound to Hidden Lake will occur in the Foul Bay Special Harvest Area. From July 6 through July 25, the Northwest Afognak Section shall also be managed in accordance with 5 AAC 18.363(b).

(f) In the Pauls Bay Section, from June 1 through July 5, fishing opportunities shall be based on sockeye salmon returning to Pauls Bay. From July 6 through August 1, fishing opportunities shall be based on the abundance of local and mixed Kodiak pink salmon and sockeye salmon bound to Pauls Bay. After August 1, fishing opportunities shall be based on the abundance of local coho salmon.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 3/16/96, Register 137; am 5/29/99, Register 150; am 5/4/2002, Register 162; am 4/9/2005, Register 174; am 4/21/2011, Register 198

5 AAC 18.369 Mainland District Salmon Management Plan {#sec-5-aac-18.369 omnilex-key=us-ak-regs-official--title-5--5 AAC 18.369}

(a) The goal of the management plan set out in this section is to achieve escapement and harvest objectives for sockeye, pink, coho, and chum salmon returning to natural spawning systems within the Mainland District (from Cape Douglas south to Kilokak Rocks).

(b) The Big River Section shall be managed, from June 1 through July 5, based on the sockeye salmon return to Swikshak River and there may not be more than two 33-hour fishing periods. From July 6 through August 20, the Big River Section shall be managed based on the return of local and mixed Kodiak pink and chum salmon. Weekly fishing periods may not exceed 57 hours in duration from July 6 through August 1. From July 6 through August 1, the Big River Section shall also be managed in accordance with the North Shelikof Strait Sockeye Salmon Management Plan set out in 5 AAC 18.363. After August 20, the Big River Section shall be managed based on the return of coho salmon to streams located within the Big River Section.

(c) The Hallo Bay Section will remain closed to fishing until July 6. From July 6 through August 20, the Hallo Bay Section shall be managed based on the return of local and mixed Kodiak pink and chum salmon. Weekly fishing periods may not exceed 57 hours in duration from July 6 through August 1. From July 6 through August 1, the Hallo Bay Section shall also be managed in accordance with the North Shelikof Strait Sockeye Salmon Management Plan set out in 5 AAC 18.363. After August 20, the Hallo Bay Section shall be managed based on the return of coho salmon to streams located within the Hallo Bay Section.

(d) The Outer Kukak Section shall be managed, from June 1 through July 5, based on the sockeye salmon return to Kaflia Lakes and there may not be more than two 33-hour fishing periods. From July 6 through August 15, the Outer Kukak Section shall be managed based on the return of local and mixed Kodiak sockeye, pink, and chum salmon. Weekly fishing periods may not exceed 57 hours in duration from July 6 through August 1. From July 6 through August 1, the Outer Kukak Section shall also be managed in accordance with the North Sheilkof Strait Sockeye Salmon Management Plan set out in 5 AAC 18.363. After August 15, the Outer Kukak Section shall be managed based on the return of late-run chum and coho salmon to streams located within the Outer Kukak Section.

(e) The Inner Kukak Section will remain closed to fishing until July 6. From July 6 through August 15, the Inner Kukak Section shall be managed based on the return of local and mixed Kodiak pink and chum salmon. Weekly fishing periods may not exceed 57 hours in duration from July 6 through August 1. After August 15, the Inner Kukak Section shall be managed based on the return of late-run chum and coho salmon to streams located within the Inner Kukak Section.

(f) The Dakavak Bay Section will remain closed to fishing until July 6. From July 6 through August 25, the Dakavak Bay Section shall be managed based on the return of local and mixed Kodiak pink and chum salmon. Weekly fishing periods may not exceed 57 hours in duration from July 6 through August 1. From July 6 through August 1, the Dakavak Bay Section shall also be managed in accordance with the North Shelikof Strait Sockeye Salmon Management Plan set out in 5 AAC 18.363. After August 25, the Dakavak Bay Section shall be managed based on the return of late-run pink and coho salmon to streams located within the Dakavak Bay Section.

(g) The Katmai and Alinchak Bay Sections will remain closed to fishing until July 6. From July 6 through August 25, the Katmai and Alinchak Bay Sections shall be managed based on the return of local and mixed Kodiak pink and chum salmon. Weekly fishing periods may not exceed 57 hours in duration from July 6 through August 1. From July 6 through August 1, the Katmai and Alinchak Bay Sections shall also be managed in accordance with the North Shelikof Strait Sockeye Salmon Management Plan set out in 5 AAC 18.363. After August 25, the Katmai and Alinchak Bay Sections shall be managed based on the return of late-run pink and coho salmon to streams located within the Katmai and Alinchak Bay Sections.

(h) The Cape Igvak Section shall be managed, from June 1 through July 5, in accordance with the Cape Igvak Salmon Management Plan set out in 5 AAC 18.360. From July 6 through August 25, the Cape Igvak Section shall be managed based on the return of local and mixed Kodiak pink and chum salmon. Weekly fishing periods may not exceed 57 hours in duration from July 6 through August 1. From July 6 through August 1, the Cape Igvak Section shall also be managed in accordance with the North Shelikof Strait Sockeye Salmon Management Plan set out in 5 AAC 18.363. After August 25, the Cape Igvak Section shall be managed based on the return of late-run pink and coho salmon to streams located within the Cape Igvak and Wide Bay Sections.

(i) The Wide Bay Section will remain closed to fishing until July 6 in order to provide for maximum protection of sockeye salmon bound to Chignik Lakes during years of weak returns. From July 6 through August 25, the Wide Bay Section shall be managed based on the return of pink and chum salmon to streams located within Wide Bay. After August 25, the Wide Bay Section shall be managed based on the return of late-run pink and coho salmon to streams located within Wide Bay.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 5/29/99, Register 150; am 4/9/2005, Register 174; am 6/5/2020, Register 234

5 AAC 18.375 Foul Bay Terminal Harvest Area {#sec-5-aac-18.375 omnilex-key=us-ak-regs-official--title-5--5 AAC 18.375}

Repealed.

History

Eff. 3/16/96, Register 137; am 6/15/96, Register 138; repealed 4/9/2005, Register 174

5 AAC 18.376 Waterfall Bay Terminal Harvest Area {#sec-5-aac-18.376 omnilex-key=us-ak-regs-official--title-5--5 AAC 18.376}

Repealed.

History

Eff. 3/16/96, Register 137; am 6/15/96, Register 138; am 5/29/99, Register 150; repealed 4/9/2005, Register 174

5 AAC 18.377 Settler Cove Terminal Harvest Area {#sec-5-aac-18.377 omnilex-key=us-ak-regs-official--title-5--5 AAC 18.377}

Repealed.

History

Eff. 3/16/96, Register 137; am 6/15/96, Register 138; repealed 4/9/2005, Register 174

5 AAC 18.378 Malina Creek Terminal Harvest Area {#sec-5-aac-18.378 omnilex-key=us-ak-regs-official--title-5--5 AAC 18.378}

The Malina Creek Terminal Harvest Area consists of all waters within one-half nautical mile of the beach near the terminus of Malina Creek between 58° 10.00' N. lat. and 58° 11.00' N. lat.

History

Authority: AS 16.05.251
Eff. 5/4/2002, Register 162

5 AAC 18.392 Net pens and other devices for holding live, commercially-caught salmon before processing in the Kodiak Area {#sec-5-aac-18.392 omnilex-key=us-ak-regs-official--title-5--5 AAC 18.392}

In the Kodiak Area, a net pen or other device may be used to hold live salmon before processing, only under the conditions specified in a commissioner's permit.

History

Authority: AS 16.05.251
Eff. 4/9/2005, Register 174

5 AAC 18.394 Possession of steelhead {#sec-5-aac-18.394 omnilex-key=us-ak-regs-official--title-5--5 AAC 18.394}

Steelhead taken incidental to commercial salmon fishing in Karluk Lagoon must be returned to the water unharmed.

History

Authority: AS 16.05.251(a)

5 AAC 18.395 Retention of king salmon taken in a commercial fishery {#sec-5-aac-18.395 omnilex-key=us-ak-regs-official--title-5--5 AAC 18.395}

(a) In the Inner Karluk, Outer Karluk, Inner Ayakulik, and Outer Ayakulik Sections, if the department determines that the king salmon runs will not meet seasonal escapement goals, the commissioner may, by emergency order, close the commercial salmon fishery and immediately reopen the commercial salmon fishery, during which king salmon 28 inches or greater in length may not be retained, and king salmon 28 inches or greater in length taken incidentally in the commercial salmon fishery must be returned to the water unharmed.

(b) Before July 30, if the department projects that the Karluk River biological escapement goal will not be met and the sport fishery is restricted in the Karluk watershed to the nonretention of king salmon or the sport fishery for king salmon is closed, the commissioner shall, by emergency order, close the commercial salmon seine fishery season in the waters south of a line from Cape Kuliuk at 57° 48.20' N. lat., to the southern boundary of the Inner Ayakulik Section by the latitude of Low Cape, and immediately reopen a commercial salmon seine fishery season during which

(1) king salmon 28 inches or greater in length may not be retained; and

(2) king salmon 28 inches or greater in length taken incidentally must be returned to the water unharmed.

(c) In addition to the other provisions in this section, in the Kodiak Area, from June 1 through July 5, king salmon 28 inches or greater in length taken during the commercial salmon seine fishery may not be retained and must be immediately returned to the water.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 4/9/2005, Register 174; am 4/21/2011, Register 198; am 5/1/2014, Register 210; am 4/15/2017, Register 222

Article 5 Smelt Fishery

5 AAC 18.510 Fishing season {#sec-5-aac-18.510 omnilex-key=us-ak-regs-official--title-5--5 AAC 18.510}

Repealed.

Article 7 Shellfish Fishery

Authority: AS 16.05.251

5 AAC 21.100 Description of area {#sec-5-aac-21.100 omnilex-key=us-ak-regs-official--title-5--5 AAC 21.100}

The Cook Inlet Area includes all waters of Alaska enclosed by a line extending east from Cape Douglas (58° 51.10' N. lat.), and a line extending south from Cape Fairfield (148° 50.25' W. long.).

History

Authority: AS 16.05.251

Article 2 Fishing Districts, Subdistricts, and Sections

5 AAC 21.200 Fishing districts, subdistricts, and sections {#sec-5-aac-21.200 omnilex-key=us-ak-regs-official--title-5--5 AAC 21.200}

(a) Northern District: north of a line extending from Boulder Point at 60° 46.39' N. lat., to Shell Platform C, then to a point on the west shore at 60° 46.39' N. lat.

(1) Eastern Subdistrict: all waters south of the latitude of Point Possession, north of the latitude of Boulder Point, and east of a line from Shell Platform C to a point at 61° 02.67' N. lat., 150° 40.00' W. long.;

(2) General Subdistrict: all waters of the Northern District not specified in (1) of this subsection.

(b) Central District: all waters between a line extending from Boulder Point at 60° 46.39' N. lat., to Shell Platform C, to a point on the west shore at 60° 46.39' N. lat., and the latitude of Anchor Point Light (59° 46.15' N. lat.)

(1) Kustatan Subdistrict: all waters within a line from the Drift River terminal to the South Kalgin Island Light at 60° 20.67' N. lat., 152° 05.09' W. long., northerly along the west side of Kalgin Island to Northwest Point at 60° 30.90' N. lat., 151° 55.77' W. long., bearing 43° to Shell Platform C, to a point on the west shore at 60° 46.39' N. lat., excluding the waters of the Kalgin Island Subdistrict;

(2) Upper Subdistrict: all waters within a line from Boulder Point to Shell Platform C, then bearing 223° to Northwest Point at 60° 30.90' N. lat., 151° 55.77' W. long., then following the eastern shore of Kalgin Island to the South Kalgin Island Light at 60° 20.67' N. lat., 152° 05.09' W. long., then to a point at 60° 04.02' N. lat., 151° 46.60' W. long. to the Ninilchik small boat harbor, excluding the waters of the Kalgin Island Subdistrict;

(A) East Foreland Section: all waters from the northern boundary of the Upper Subdistrict to the latitude of the base of Colliers Dock at 60° 40.35' N. lat. (the southernmost of the pile-supported docks at Nikiski) and within one nautical mile of the mean high tide mark on the Kenai Peninsula shoreline;

(B) Kenai Section: all waters enclosed by a line from the base of Colliers Dock at 60° 40.35' N. lat., to a point at 60° 40.35' N. lat., 151° 26.33' W. long., to a point at 60° 27.10' N. lat., 151° 25.70' W. long., to a point on the beach at 60° 27.10' N. lat.;

(C) Expanded Kenai Section: all waters enclosed by a line from a point located on the shore at 60° 40.35' N. lat., 151° 23.00' W. long., west to a point located at 60° 40.35' N. lat, 151° 26.33' W. long., south to a point at the latitude of the Blanchard Line located at 60° 27.10' N. lat., 151° 33.76' W. long., and east to a point on the beach at 60° 27.10' N. lat., 151° 16.94' W. long.;

(D) Kasilof Section: all waters enclosed by a line from a point on the beach at 60° 27.10' N. lat., to a point at 60° 27.10' N. lat., 151° 25.70' W. long., to a point at 60° 12.75' N. lat., 151° 32.05' W. long., to a point at 60° 04.02' N. lat., 151° 46.60' W. long., to an ADF&G regulatory marker located at 60° 04.02' N. lat., 151° 38.90' W. long.;

(E) Expanded Kasilof Section: all waters enclosed by a line from a point on the beach at 60° 27.10' N. lat., 151° 16.94' W. long., west to a point at the Blanchard Line located at 60° 27.10' N. lat., 151° 33.76' W. long., south to a point located at 60° 04.02' N. lat., 151° 49.00' W. long., and east to an ADF&G regulatory marker located at 60° 04.02' N. lat., 151° 38.90' W. long.;

(3) Kalgin Island Subdistrict: all waters within a line encompassing Kalgin Island within one mile of mean lower low water as delineated by the most recent NOAA Chart #16660 (31st Edition, April 2012);

(4) Lower Subdistrict: waters between a line extending from Ninilchik small boat harbor to a point at 60° 04.02' N. lat., 151° 46.60' W. long., then to the South Kalgin Light at 60° 20.80' N. lat., 152° 05.09' W. long., then bearing 236° to a point one nautical mile from the bluff on the northwestern shore of Chisik Island at 60° 10.50' N. lat., 152° 35.00' W. long., then in a southerly direction one nautical mile seaward of the mean high tide mark to a point at the southern end of the silver salmon setnet area at 59° 55.67' N. lat., then bearing 270° to the shore, and the latitude of the Anchor Point Light, excluding the waters of the Chinitna Bay and the Kalgin Island Subdistricts;

(A) Anchor Point Section: all waters enclosed by a line from an ADF&G regulatory marker located at a point on the beach at 60° 04.02' N. lat., 151° 38.90' W. long., west to a point located at 60° 04.02' N. lat., 151° 49.00' W. long., south to a point located at 59° 46.15' N. lat., 152° 15.80' W. long., and east to a point on shore at 59° 46.15' N. lat., 151° 52.06' W. long.;

(5) Western Subdistrict: waters within a line from the Drift River terminal to the South Kalgin Light at 60° 20.80' N. lat., 152° 05.09' W. long., then bearing 236° to a point one nautical mile from the bluff on the northeast shore of Chisik Island at 60° 10.50' N. lat., 152° 35.00' W. long., then in a southerly direction one nautical mile seaward of the mean high tide mark to a point of the southern end of the silver salmon setnet area at 59° 55.67' N. lat., then bearing 270° to the shore, excluding the waters of the Kalgin Island Subdistrict;

(6) Chinitna Bay Subdistrict: all waters in Chinitna Bay west of a line from Spring Point at 59° 52.70' N. lat., 152° 48.45' W. long., to Sea Otter Point at 59° 50.04' N. lat., 153° 01.25' W. long.

(d) Southern District: all waters enclosed by a line from Anchor Point Light west to 59° 46.15' N. lat., 152° 20.00' W. long., then south to 59° 03.42' N. lat., 152° 20.00' W. long., then in a northeasterly direction to the tip of Cape Elizabeth at 59° 09.35' N. lat., 151° 53.13' W. long., then from the tip of Cape Elizabeth to the tip of Point Adam at 59° 15.31' N. lat., 151° 58.68' W. long.

(1) Port Graham Subdistrict: all waters east of the longitude of Point Bede at 151° 59.40' W. long., and south of the latitude of Point Pogibshi at 59° 25.47' N. lat.;

(A) Port Graham Section: all waters north of a line from 59° 22.25' N. lat., 151° 59.40' W. long. to 59° 21.39' N. lat., 151° 55.25' W. long.;

(B) English Bay Section: all waters south of a line from 59° 22.25' N. lat., 151° 59.40' W. long. to 59° 21.39' N. lat., 151° 55.25' W. long.;

(2) Seldovia Bay Subdistrict: all waters southeast of a line from Point Naskowhak at 59° 27.22' N. lat., 151° 44.56' W. long., to 59° 27.37' N. lat., 151° 44.63' W. long., to Seldovia Point at 59° 28.22' N. lat., 151° 42.37' W. long.;

(3) Barabara Creek Subdistrict: all waters between the longitudes of Seldovia Point at 59° 28.22' N. lat., 151° 42.37' W. long., and Nubble Point at 59° 29.15' N. lat., 151° 34.15' W. long., and south of 59° 30.00' N. lat.;

(4) Tutka Bay Subdistrict: all waters east of the longitude of Nubble Point and south of the latitude of Anisom Point on the eastern shore of Eldred Passage at 59° 32.07' N. lat., 151° 27.00' W. long., including Kasitsna Bay;

(5) Humpy Creek Subdistrict: all waters east of a line from a point on Glacier Spit at 59° 38.00' N. lat., 151° 12.10' W. long., to the Northshore Subdistrict line at 59° 38.00' N. lat., 151° 19.70' W. long., and southeast of a line from that point on the Northshore Subdistrict line at 59° 38.00' N. lat., 151° 19.70' W. long., to a point north of Chugachik Island at 59° 45.00' N. lat., 151° 02.80' W. long., to a point on the mainland at 59° 44.50' N. lat., 151° 02.10' W. long.;

(6) Northshore Subdistrict: all waters north of a line from Coal Point at 59° 36.00' N. lat., 151° 24.50' W. long., to a point north of Chugachik Island at 59° 45.00' N. lat., 151° 02.80' W. long., then northwesterly to a point one-half statute mile southwest of the terminus of Swift Creek at 59° 47.15' N. lat., 151° 05.45' W. long.;

(7) China Poot Subdistrict: all waters south of a line from Peterson Point at 59° 35.67' N. lat., 151° 16.70' W. long., to Coal Point on the tip of the Homer Spit at 59° 36.00' N. lat., 151° 24.50' W. long., to 59° 32.07' N. lat., 151° 33.09' W. long., to Anisom Point;

(8) Halibut Cove Subdistrict: all waters within a line from a point on Glacier Spit at 59° 38.00' N. lat., 151° 12.10' W. long., to the intersection of the Northshore Subdistrict line at 59° 38.00' N. lat., 151° 19.70' W. long., to Coal Point to Peterson Point.

(e) Kamishak Bay District: all waters enclosed by a line from 59° 46.15' N. lat., 153° 00.70' W. long., then east to 59° 46.15' N. lat., 152° 20.00' W. long., then south to 59° 03.42' N. lat., 152° 20.00' W. long., then southwesterly to Cape Douglas (58° 51.10' N. lat.)

(1) Iniskin Bay Subdistrict: all waters north of a line from a point on the east shore of Iniskin Bay near Scott Island at 59° 38.59' N. lat., 153° 25.50' W. long., to a point on North Head at 59° 37.89' N. lat., 153° 33.40' W. long.;

(2) Cottonwood Bay Subdistrict: all waters west of a line from South Head north to a point at 59° 37.89' N. lat., 153° 33.40' W. long.;

(3) Ursus Cove Subdistrict: all waters west of the longitude of Ursus Head and north of 59° 28.09' N. lat.;

(4) Rocky Cove Subdistrict: all waters between 59° 28.09' N. lat. and 59° 25.00' N. lat., and west of 153° 40.00' W. long., to the longitude of an unnamed creek between Fortification Bluff and Step Mountain at 153° 46.40' W. long.;

(5) Bruin Bay Subdistrict: all waters enclosed by a line extending from the longitude of an unnamed creek at 153° 46.40' W. long., south to the latitude of a point offshore at 59° 25.00' N. lat., east to 153° 40.00' W. long., then south to 59° 20.00' N. lat., and west to a point south of Contact Point at 154° 01.00' W. long.;

(6) Kamishak River Subdistrict: all waters east of a line from McNeil Head at 59° 07.30' N. lat., 154° 10.54' W. long., to the mushroom islet at 59° 07.59' N. lat., 154° 09.50' W. long., to the northern tip of Nordyke Island at 59° 10.92' N. lat., 154° 05.50' W. long., south of the latitude of the northern tip of Nordyke Island, and west of 153° 50.00' W. long.;

(7) McNeil River Subdistrict: all waters southwest of a line from McNeil Head to a point of land at 59° 09.50' N. lat., 154° 12.75' W. long.;

(8) Chenik Subdistrict: all waters between 59° 20.00' N. lat. and the latitude of the northern tip of Nordyke Island at 59° 10.92' N. lat., 154° 05.50' W. long., and west of 153° 40.00' W. long.;

(9) Paint River Subdistrict: all waters south of the latitude of the northern tip of Nordyke Island at 59° 10.92' N. lat., 154° 05.50' W. long., west of a line from the northern tip of Nordyke Island to the mushroom islet at 59° 07.59' N. lat., 154° 09.50' W. long., to McNeil Head, and east of a line from McNeil Head to a point of land at 59° 09.50' N. lat., 154° 12.75' W. long.;

(10) Douglas River Subdistrict: all waters west of the longitude of Cape Douglas (153° 15.07' W. long.), south of the latitude of the northern tip of Nordyke Island at 59° 10.92' N. lat., 154° 05.50' W. long., and east of 153° 50.00' W. long.

(f) Barren Island District: all waters enclosed by a line from Cape Douglas (58° 51.10' N. lat.) to the tip of Cape Elizabeth at 59° 09.35' N. lat., 151° 53.13' W. long., then south to 58° 51.10' N. lat., 151° 53.13' W. long., then west to Cape Douglas.

(g) Outer District: all waters enclosed by a line from the tip of Point Adam to the tip of Cape Elizabeth, then south to 58° 51.10' N. lat., 151° 53.13' W. long., then east to the longitude of Aligo Point (149° 44.47' W. long.), then north to the tip of Aligo Point

(1) Koyuktolik Subdistrict: all waters east of the longitude of Point Adam and north of 59° 13.92' N. lat.;

(2) Port Chatham Subdistrict: all waters north of 59° 10.00' N. lat., and east of 151° 50.00' W. long.;

(3) Windy Bay Subdistrict: all waters west of a line from 59° 12.60' N. lat., 151° 27.60' W. long., to 59° 14.05' N. lat., 151° 26.70' W. long.;

(4) Rocky Bay Subdistrict: all waters north of a line from 59° 14.05' N. lat., 151° 26.70' W. long., to 59° 12.77' N. lat., 151° 19.30' W. long.;

(A) Scurvey Creek Section: all waters northwest of a line from 59° 14.05' N. lat., 151° 26.70' W. long., to a point on the southwest corner of Picnic Harbor at 59° 14.95' N. lat., 151° 25.10' W. long.;

(5) Port Dick Subdistrict: all waters of Port Dick north of 59° 13.20' N. lat.;

(A) Port Dick Headend Section: all waters of Port Dick west of 151° 15.00' W. long.;

(B) Port Dick Middle Creek Section: all waters of Port Dick west of 151° 10.50' W. long. to the Port Dick Headend Section boundary at 151° 15.00' W. long.;

(C) Port Dick Island Creek Section: all waters of Port Dick west of a line between 59° 13.30' N. lat., 151° 06.10' W. long. and 59° 16.20' N. lat., 151° 05.20' W. long. to the Port Dick Middle Creek Section boundary at 151° 10.50' W. long.;

(D) Outer Port Dick Section: all waters of Port Dick north of 59° 13.20' N. lat. to the Port Dick Island Creek Section boundary at a line between 59° 15.30' N. lat., 151° 06.10' W. long. and 59° 16.20' N. lat., 151° 05.20' W. long.;

(6) Nuka Island Subdistrict: all waters of Nuka Passage north of a line from Front Point to Nuka Point and south of the latitude of Hardover Point;

(7) East Nuka Subdistrict: all waters of the East Arm of Nuka Bay north of the latitude of Harrington Point.

(h) Eastern District: all waters east of the longitude of Aligo Point (149° 44.47' W. long.), west of the longitude of Cape Fairfield (148° 50.25' W. long.), and north of 58° 51.10' N. lat.

(1) Aialik Bay Subdistrict: all waters north of a line from Aligo Point to Aialik Cape;

(2) Resurrection Bay Subdistrict: all waters north of the latitude of Caines Head (59° 58.94' N. lat.).

History

Authority: AS 16.05.251

5 AAC 21.205 Seaward boundary of Kamishak Bay District {#sec-5-aac-21.205 omnilex-key=us-ak-regs-official--title-5--5 AAC 21.205}

The seaward boundary of the Kamishak Bay District is three nautical miles seaward from the shoreline between a point on the west shore of Cook Inlet at approximately 59° 46.15' N. lat., 153° 00.70' W. long., and Cape Douglas at approximately 58° 51.10' N. lat., 153° 15.07' W. long., including a line three nautical miles seaward from the shorelines of Augustine Island and Shaw Island, and including the line demarking all state waters shown on National Oceanic and Atmospheric Administration (NOAA) Nautical Chart Number 16640, 23rd Edition, July 5, 1997, hereby adopted by reference.

History

Authority: AS 16.05.251
Eff. 4/7/93, Register 126; am 5/31/96, Register 138; am 8/8/99, Register 151; am 3/11/2001, Register 157

Article 3 Salmon Fishery

5 AAC 21.310 Fishing seasons {#sec-5-aac-21.310 omnilex-key=us-ak-regs-official--title-5--5 AAC 21.310}

(a) If an opening date specified in this section for a fishing season in any district, subdistrict, or section falls on a date during a closed weekly fishing period under 5 AAC 21.320, the fishing season will open the first day of the next open weekly period.

(b) Salmon may be taken only as follows:

(1) Northern District: from June 25 until closed by emergency order;

(2) Central District, for set gillnet:

(A) Western Subdistrict: from June 16 until closed by emergency order;

(B) Kalgin Island, Kustatan, and Chinitna Bay Subdistricts: from June 25 until closed by emergency order;

(i) Kasilof Section: from June 25 through August 15, unless closed earlier by emergency order under (iii) of this subparagraph; however, if the department estimates that 30,000 sockeye salmon are in the Kasilof River before June 25, but on or after June 20, the commissioner shall, by emergency order, open the fishery; from August 11 through August 15, the fishery is open for regular periods only;

(ii) Kenai and East Forelands Sections: from July 8 through August 15, unless closed earlier by emergency order under (iii) of this subparagraph; from August 11 through August 15, the fishery is open for regular periods only; from July 1 through August 15, when the Kasilof Section is open to commercial fishing with set gillnets and the Kenai and East Forelands Sections are closed to commercial fishing with set gillnets, commercial fishing with set gillnets may be allowed within 600 feet of the mean high tide mark in that portion of the Kenai Section north of the latitude of the Blanchard Line at 60° 27.10' N. lat., and south of the latitude of the ADF&G regulatory marker located south of the Kenai River mouth at 60° 30.49' N. lat., and is not subject to the time limitations in 5 AAC 21.359(e)(3) and 5 AAC 21.360; from July 1 until the Kenai and East Foreland Sections commercial salmon set gillnet fishery opens for the regular season, set gillnet gear may not exceed 29 meshes in depth and may not have a mesh size greater than four and three quarter inches during all fishing periods that are restricted to within 600 feet of the mean high tide mark;

(iii) Kenai, Kasilof, and East Forelands Sections: in the combined Kenai and East Forelands Sections, and separately in the Kasilof Section, the season will close August 15, unless closed earlier by emergency order after July 31, if the department determines that less than one percent of the season's total sockeye harvest has been taken per fishing period for two consecutive fishing periods in the combined Kenai and East Forelands Sections, or separately in the Kasilof Section; from August 11 through August 15, the fishery is open for regular fishing periods only; for purposes of this sub-subparagraph, "fishing period" means a time period open to commercial fishing as measured by a 24-hour calendar day from 12:01 a.m. until 11:59 p.m.;

(3) Central District, for drift gillnet: from the third Monday in June or June 19 whichever is later, until closed by emergency order, except that fishing with drift gillnets may not occur within

(A) two miles of the mean high tide mark on the eastern side of the Upper Subdistrict until those locations have been opened for fishing with set gillnets;

(B) one and one-half miles of the mean high tide mark of the Kenai Peninsula shoreline in

(i) that area of the Kenai and Kasilof Sections of the Upper Subdistrict south of the Kenai River;

(ii) the Anchor Point Section, if fishing with drift gillnets is open in the Anchor Point Section under 5 AAC 21.353;

(C) one mile of the mean high tide mark of the Kenai Peninsula shoreline in that area of the Kenai and East Forelands Sections of the Upper Subdistrict north of the Kenai River;

(4) Southern District:

(A) seine gear season: opened and closed by emergency order;

(B) set gillnet season: opened by emergency order, on or after June 1, and closed September 30;

(5) Kamishak Bay District: open and closed by emergency order;

(6) Outer District: open and closed by emergency order;

(7) Eastern District: open and closed by emergency order.

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 21.320 Weekly fishing periods {#sec-5-aac-21.320 omnilex-key=us-ak-regs-official--title-5--5 AAC 21.320}

(a) In the set gillnet fishery,

(1) salmon may be taken in the Northern District from 7:00 a.m. Monday until 7:00 p.m. Monday and from 7:00 a.m. Thursday until 7:00 p.m. Thursday;

(2) in the Central District:

(A) salmon may be taken in the Chinitna Bay Subdistrict from 7:00 a.m. Monday until 7:00 p.m. Monday and from 7:00 a.m. Thursday until 7:00 p.m. Thursday;

(B) salmon may be taken in the Western Subdistrict from 7:00 a.m. Monday until 7:00 p.m. Monday and from 7:00 a.m. Thursday until 7:00 p.m. Thursday;

(C) salmon may be taken in the Kustatan Subdistrict from 7:00 a.m. Monday until 7:00 p.m. Monday and from 7:00 a.m. Thursday until 7:00 p.m. Thursday;

(D) salmon may be taken in the Kalgin Island Subdistrict from 7:00 a.m. Monday until 7:00 p.m. Monday and from 7:00 a.m. Thursday until 7:00 p.m. Thursday;

(E) salmon may be taken in the Upper Subdistrict from 7:00 a.m. Monday until 7:00 p.m. Monday and from 7:00 a.m. Thursday until 7:00 p.m. Thursday;

(F) repealed 9/24/2021;

(3) salmon may be taken in the Southern District from 6:00 a.m. Monday until 6:00 a.m. Wednesday and from 6:00 a.m. Thursday until 6:00 a.m. Saturday;

(4) the fishing periods set forth in (1) - (3) of this subsection may be modified by emergency order.

(b) In the drift gillnet fishery,

(1) salmon may be taken in the Central District from 7:00 a.m. Monday until 7:00 p.m. Monday and from 7:00 a.m. Thursday until 7:00 p.m. Thursday, except salmon may be taken

(A) in the Chinitna Bay Subdistrict only during periods established by emergency order;

(B) repealed 6/13/99;

(2) the fishing periods set forth in (1) of this subsection may be modified by emergency order.

(1) Chinitna Bay Subdistrict of the Central District only during periods established by emergency order;

(2) Kamishak Bay, Outer, Eastern, and Southern Districts only during periods established by emergency order.

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 21.330 Gear {#sec-5-aac-21.330 omnilex-key=us-ak-regs-official--title-5--5 AAC 21.330}

(a) Purse seines, hand purse seines, and beach seines may be used in the Southern, Kamishak Bay, Outer, and Eastern Districts, and in the Chinitna Bay Subdistrict east of a line from the crane on the south shore to the largest boulder on the landward end of Glacier Spit.

(b) Set gillnets may be used only in the following locations:

(1) Southern District:

(A) on Ismailof Island east of 151° 13.10' W. long., and the mainland south of Ismailof Island from 151° 13.10' W. long. to 151° 12.12' W. long., and inshore of a line from a point off the northeast shore of Ismailof lsland at 59° 36.27' N. lat., 151° 13.10' W. long., to 59° 36.11' N. lat., 151° 12.58' W. long., to 59° 35.65' N. lat., 151° 12.60' W. long., to a point off the eastern entrance to Halibut Cove at 59° 35.70' N. lat., 151° 12.12' W. long.;

(B) between Barabara Point at 59° 29.12' N. lat., 151° 38.76' W. long., and a point on the north side of McDonald Spit at 59° 28.49' N. lat., 151° 36.12' W. long., and inshore of a line from a point off Barabara Point at 59° 29.39' N. lat., 151° 38.76' W. long., to another point at 59° 29.31' N. lat., 151° 38.20' W. long., to a point near the base of McDonald Spit at 59° 28.80' N. lat., 151° 36.12' W. long.;

(C) from the north side of McDonald Spit at 59° 28.69' N. lat., 151° 35.25' W. long., east along the outer shoreline of McDonald Spit, and including the entire shoreline of Kasitsna Bay to the headland at the west side of the entrance of Jakolof Bay, and inshore of a line from a point near the base of McDonald Spit at 59° 28.53' N. lat., 151° 35.44' W. long., to 59° 29.25' N. lat., 151° 34.53' W. long., to 59° 29.33' N. lat., 151° 34.47' W. long., to 59° 29.37' N. lat., 151° 34.20' W. long., to 59° 29.29' N. lat., 151° 33.89' W. long., to 59° 29.00' N. lat., 151° 33.16' W. long., to 59° 28.84' N. lat., 151° 33.18' W. long., to 59° 28.66' N. lat., 151° 33.91' W. long., to 59° 28.30' N. lat., 151° 33.84' W. long., to 59° 28.47' N. lat., 151° 32.68' W. long., to 59° 28.39' N. lat., 151° 32.11' W. long., to a point on the east shore of the entrance to Jakolof Bay at 59° 28.16' N. lat., 151° 32.03' W. long.;

(D) the west shore of Seldovia Bay from Point Naskowhak to a point at the latitude of an unnamed creek at 59° 25.19' N. lat., 151° 44.05' W. long., and inshore of a line from Point Naskowhak at 59° 27.37' N. lat., 151° 44.63' W. long., to 59° 27.45' N. lat., 151° 44.41' W. long., to 59° 27.38' N. lat., 151° 44.22' W. long., to 59° 26.96' N. lat., 151° 44.19' W. long., to 59° 26.74' N. lat., 151° 43.78' W. long., to 59° 25.90' N. lat., 151° 44.12' W. long., to 59° 25.14' N. lat., 151° 43.53' W. long.;

(E) from the old cannery site on the south shore of Port Graham at 59° 21.06' N. lat., 151° 49.61' W. long., along the beach to a point south of English Bay at 59° 20.98' N. lat., 151° 56.77' W. long., and inshore of a line from a point in English Bay at 59° 21.41' N. lat., 151° 56.77' W. long., to 59° 21.49' N. lat., 151° 56.31' W. long., to 59° 21.78' N. lat., 151° 56.10' W. long., to 59° 22.07' N. lat., 151° 55.04' W. long., to 59° 22.04' N. Iat., 151° 52.37' W. long., to 59° 21.71' N. lat., 151° 51.11' W. long., to 59° 21.66' N. lat., 151° 50.19' W. long., to 59° 21.37' N. lat., 151° 49.01' W. long., to the old cannery in Port Graham at 59° 21.06' N. lat., 151° 49.61' W. long.;

(2) Northern District: set gillnets may be used only in the following areas:

(A) those waters along the north and west coast from Point MacKenzie at 61° 14.29' N. lat., 149° 59.20' W. long., to the southern boundary of the district on the west shore at 60° 46.39' N. lat., except for closed waters listed in 5 AAC 21.350;

(B) waters along the west coast of Fire Island from North Point to West Point;

(i) from Point Possession to the latitude of Birch Hill at approximately 60° 55.00' N. lat.;

(ii) from 60° 52.67' N. lat. (one-half mile north of Otter Creek) to the southern boundary of the district (60° 46.39' N. lat.);

(3) Central District: set gillnets may be used only in the following locations:

(A) waters along the west coast in the Central District

(i) from the northern boundary of the district to the Drift River terminal and only within five miles of the mean high tide mark;

(ii) from 60° 29.50' N. lat., 152° 19.00' W. long., to 60° 28.50' N. lat., 152° 19.50' W. long. and only within five miles of the mean high tide mark;

(iii) from 60° 27.50' N. lat., 152° 19.74' W. long., to 60° 22.75' N. lat., 152° 16.50' W. long. and only within five miles of the mean high tide mark;

(iv) from 60° 21.47' N. lat., 152° 21.50' W. long., to 60° 20.67' N. lat., 152° 22.50' W. long. and only within five miles of the mean high tide mark;

(v) from 60° 16.19' N. lat., 152° 29.90' W. long., to 60° 14.24' N. lat., 152° 32.62' W. long. and from 60° 13.42' N. lat., 152° 34.65' W. long. to 60° 05.25' N. lat., 152° 34.92' W. long. and only within five miles of the mean high tide mark;

(vi) near Johnson River from 60° 01.32' N. lat., 152° 36.25' W. long., to 59° 55.67' N. lat., 152° 41.67' W. long. and only within five miles of the mean high tide mark;

(vii) along the north side of Chinitna Bay from 59° 53.18' N. lat., 153° W. long., to 59° 51.64' N. lat., 153° 08.35' W. long., and only within 2,500 feet of the mean high tide mark;

(B) waters along the coast of Kalgin Island within one mile of the mean lower low tide mark;

(i) within one mile of the mean high tide mark from the northern boundary of the district to a line from the northern ADF&G regulatory marker at the mouth of the Kenai River at 60° 34.24' N. lat., 151° 18.99' W. long., then offshore on a bearing of 235° to a point one mile from the mean high tide mark at 60° 33.66' N. lat., 151° 20.66' W. long.;

(ii) from a line from the southern ADF&G regulatory marker at the mouth of the Kenai River at 60° 30.49' N. lat., 151° 16.80' W. long., offshore approximately one and one-half miles to a point at 60° 30.49' N. lat., 151° 19.86' W. long., to a line from the northern ADF&G regulatory marker at the mouth of the Kasilof River at 60° 24.23' N. lat., 151° 17.66' W. long., offshore approximately one and one-half miles to a point at 60° 24.23' N. lat., 151° 20.68' W. long., and only within one and one-half miles of the mean high tide mark;

(iii) from a line from the southern ADF&G regulatory marker at the mouth of the Kasilof River at 60° 22.56' N. lat., 151° 20.98' W. long., offshore approximately one and one-half miles to a point at 60° 23.97' N. lat., 151° 22.02' W. long., to a line from the ADF&G regulatory marker at the northern limit of the closed area at the mouth of the Ninilchik River at 60° 04.02' N. lat., 151° 38.90' W. long., offshore approximately one and one-half miles to a point at 60° 04.02' N. lat., 151° 42.00' W. long., and only within one and one-half miles of the mean high tide mark;

(D) waters around Chisik Island north of the latitude of Chisik Island Light within five miles of the mean high tide mark except those waters near the Crescent River described in 5 AAC 21.350(a).

(c) Drift gillnets may be used only in the Central District, except that in the Chinitna Bay Subdistrict drift gillnets may be used only east of a line from the crane on the south shore at 59° 49.91' N. lat., 153° 05.47' W. long., to Glacier Spit at 59° 51.67' N. lat., 153° 07.92' W. long.

(d) Repealed 3/8/74.

(e) Each fisherman shall operate or assist in operating only one type of gear at any one time.

(f) Repealed 4/18/86.

(g) Repealed 3/8/74.

(h) Repealed 3/8/74.

(i) Dip nets, as defined in 5 AAC 39.105(d)(24), may be used in the Upper Subdistrict of the Central District.

History

Authority: AS 16.05.251

5 AAC 21.331 Gillnet specifications and operations {#sec-5-aac-21.331 omnilex-key=us-ak-regs-official--title-5--5 AAC 21.331}

(a) No person may operate a set gillnet that has not been intentionally set, staked, anchored or otherwise fixed, and no person may operate a drift gillnet that has been intentionally set, staked, anchored or otherwise fixed.

(b) The maximum mesh size for gillnets is six inches.

(c) Except as allowed under 5 AAC 21.333, a drift gillnet may not be more than 150 fathoms in length and 45 meshes in depth. No person may operate more than one drift gillnet.

(d) A set gillnet may not be more than 35 fathoms in length and 45 meshes in depth. South of the latitude of Anchor Point, 30 fathoms of seine webbing may be used on the shore between high and low water levels. A person may not operate more than four set gillnets with more than 105 fathoms of set gillnet in the aggregate, except that

(1) on Fire Island a person may operate more than four set gillnets, but the aggregate length of the nets may not exceed 105 fathoms;

(2) repealed 6/11/2005.

(e) Set gillnets shall be operated in substantially a straight line. No more than 20 yards of each set gillnet may be used as a single hook.

(f) Repealed 3/8/74.

(g) Repealed 4/2/88.

(h) Notwithstanding 5 AAC 39.250(c), in the Cook Inlet Area, a person may use single filament mesh web in a drift gillnet or in a set gillnet.

(i) A CFEC permit holder who holds two Cook Inlet set gillnet CFEC permits may operate an aggregate length of set gillnets not to exceed 210 fathoms in length and 45 meshes in depth, except that in the Upper Subdistrict no more than 105 fathoms in length may be more than 29 meshes in depth. A single set gillnet may not exceed 35 fathoms in length. Notwithstanding 5 AAC 39.280, in order to identify the gillnet as a dual permit set gillnet, the permit holder shall mark the buoys as specified in 5 AAC 21.334 with both of the permit holder's five-digit CFEC permit serial numbers followed by the letter "D" on the identification buoy. In addition, each set gillnet operated under this subsection that is not more than 29 meshes in depth must be identified at one end of the gillnet with an attached blue buoy that is not less than nine and one-half inches in diameter. All identifiers must be displayed in a manner that is plainly visible, unobscured, and in a color that contrasts with the background.

History

Authority: AS 16.05.251

5 AAC 21.332 Seine specifications and operation {#sec-5-aac-21.332 omnilex-key=us-ak-regs-official--title-5--5 AAC 21.332}

(a) Purse seines, hand purse seines, and beach seines may not be less than 90 fathoms in length and 100 meshes in depth, nor more than 250 fathoms in length and 335 meshes in depth. Detachable or loose leads are not permitted.

(b) A seine vessel may tow another seine vessel as long as each vessel has no more than one legal limit of gear on board.

History

Authority: AS 16.05.251

5 AAC 21.333 Requirements and specifications for use of 200 fathoms of drift gillnet in the Cook Inlet Area {#sec-5-aac-21.333 omnilex-key=us-ak-regs-official--title-5--5 AAC 21.333}

(a) Except as specified in (e) - (g) of this section, two Cook Inlet drift gillnet CFEC permit holders may concurrently fish from the same vessel and jointly operate up to 200 fathoms of drift gillnet gear, and a person holding two Cook Inlet drift gillnet CFEC permits may operate up to 200 fathoms of drift gillnet gear, under this section.

(b) Repealed 5/18/2014.

(c) When two Cook Inlet drift gillnet CFEC permit holders fish from the same vessel and jointly operate additional drift gillnet gear, and when a person holding two Cook Inlet drift gillnet CFEC permits operates additional drift gillnet gear, the vessel must display its ADF&G permanent license plate number followed by the letter "D" to identify the vessel as a dual permit vessel. The letter "D" must be removed or covered when the vessel is operating with only one drift gillnet CFEC permit on board the vessel. The permanent license plate number and letters must be displayed

(1) in letters and numerals 12 inches high with lines at least one inch wide;

(2) in a color that contrasts with the background;

(3) on both sides of the hull; and

(4) in a manner that is plainly visible at all times when the vessel is being operated.

(d) When two permit holders jointly operate gear under this section, each permit holder is responsible for ensuring that the entire unit of gear is operated in a lawful manner.

(e) The operation of additional drift gillnet gear is not allowed when drift gillnet gear is restricted to any of the following areas:

(1) repealed 6/21/2020;

(2) repealed 5/21/2011;

(3) repealed 5/21/2011;

(4) Kasilof River Special Harvest Area as described in 5 AAC 21.365.

(f) A vessel with two Cook Inlet drift gillnet CFEC permits on board, when transiting through any area where the legal limit of gillnet gear is less than 200 fathoms, may have on board up to 200 fathoms of gillnet gear if no portion of the gear is deployed into the water.

(g) Repealed 5/21/2011.

History

Authority: AS 16.05.251
Eff. 6/4/2008, Register 186; am 6/30/2008, Register 187; am 5/21/2011, Register 198; am 5/18/2014, Register 210; am 6/8/2017, Register 222; am 6/21/2020, Register 234

5 AAC 21.334 Identification of gear {#sec-5-aac-21.334 omnilex-key=us-ak-regs-official--title-5--5 AAC 21.334}

(a) Each drift gillnet in operation must have a bright red keg or buoy at one end plainly and legibly marked with the permanent vessel license plate (ADF&G) number of the vessel operating the gear and the initials of the operator.

(b) Markers described in 5 AAC 39.280(a) are not required for set gillnets.

(1) each set gillnet must have an identification tag issued by the department; the tag must be placed on a "trailer" buoy attached to the set gillnet; the tags will be issued before each fishing season and will be sequentially numbered and colored for each year;

(2) not more than three tags will be issued to a permit holder operating set gillnets 35 fathoms in length; not more than four tags will be issued to a permit holder operating set gillnets less than 30 fathoms in length;

(3) tags lost during the season may be replaced if the permit holder submits a sworn statement or affidavit describing how the tags were lost and listing the numbers of the lost tags; replacement tag numbers will be preceded by the letter "R";

(4) buoy sticker identification tags and replacement tags are available for purchase on the department's website and may also be obtained at the ADF&G office in Soldotna from Monday through Friday from 8:00 a.m. to 5:00 p.m., except on a state holiday;

(5) the permit holder must obtain new tags before each fishing season;

(6) repealed 4/7/93;

(7) a CFEC permit holder may register with the department to fish in a group with other CFEC permit holders at the time the permit holders purchase buoy stickers; all permit holders in the group shall register at the same time and place; any trailer buoy with a buoy sticker attached registered to that group may be attached to any CFEC permit holder's set gillnet that is also registered to that group to comply with the identification requirements under (1) of this subsection.

History

Authority: AS 16.05.251

5 AAC 21.335 Minimum distance between units of gear {#sec-5-aac-21.335 omnilex-key=us-ak-regs-official--title-5--5 AAC 21.335}

(a) No part of a commercial drift gillnet or set gillnet may be set or operated within 600 feet of any part of another commercial set gillnet.

(b) Repealed 7/21/91.

(c) In the Chinitna Bay Subdistrict, no part of a purse seine may be placed or operated within 600 feet of a drift or set gillnet.

(d) Except as specified in (c) of this section, no part of a seine may be operated within 300 feet of a set gillnet except in the zone outside of the offshore end of a set gillnet.

History

Authority: AS 16.05.251

5 AAC 21.336 Identification of gillnet vessel {#sec-5-aac-21.336 omnilex-key=us-ak-regs-official--title-5--5 AAC 21.336}

Repealed 4/13/80.

5 AAC 21.342 Vessel identification {#sec-5-aac-21.342 omnilex-key=us-ak-regs-official--title-5--5 AAC 21.342}

Repealed 4/18/86.

5 AAC 21.345 Registration {#sec-5-aac-21.345 omnilex-key=us-ak-regs-official--title-5--5 AAC 21.345}

(a) A CFEC set gillnet permit holder shall register for a registration area described in (b) of this section before fishing, by completing a registration form available from the department and returning the form in person to the department office in Anchorage, Soldotna, or Homer, by mail to the department office in Soldotna, or by completing and submitting to the department an electronic registration form available on the department's website. A CFEC set gillnet permit holder may not fish in more than one registration area during a registration year.

(b) Registration areas are as follows:

(1) Northern District Area: as described in 5 AAC 21.200(a);

(2) Upper Subdistrict Area: as described in 5 AAC 21.200(b)(2);

(3) Greater Cook Inlet Area: all waters of the Cook Inlet Area open to set gillnet fishing as described in 5 AAC 21.200(b)(1), (b)(3) - (6), and (d).

(d) Registration is not transferable between registration areas during a registration year.

(e) Repealed 6/22/2002.

History

Authority: AS 16.05.251
Eff. 4/7/93, Register 126; am 6/22/2002, Register 162; am 5/18/2014, Register 210

5 AAC 21.350 Closed waters {#sec-5-aac-21.350 omnilex-key=us-ak-regs-official--title-5--5 AAC 21.350}

(a) Salmon may not be taken in any of the waters listed in this section.

(b) Central District

(1) within one statute mile of the terminus of the following salmon streams:

(A) Deep Creek;

(B) Stariski Creek;

(2) Crescent River: east of a line from an ADF&G regulatory marker located approximately one mile west of the terminus of the Crescent River to the northernmost tip of Chisik Island, south of the latitude of an ADF&G marker located approximately one mile north of the terminus of the Crescent River, and within a three-mile radius from the terminus of the Crescent River at mean high tide;

(3) Kenai River: waters enclosed by a line from the southern ADF&G regulatory marker at the mouth of the Kenai River at 60° 30.49' N. lat., 151° 16.80' W. long., to a point approximately one and one-half miles offshore at 60° 30.49' N. lat., 151° 19.86' W. long., to a point at 60° 31.07' N. lat., 151° 19.81' W. long., to the Coast Guard channel marker 1 KE located approximately at 60° 31.27' N. Iat., 151° 20.84' W. long., to a point at 60° 33.07' N. lat., 151° 19.72' W. long., to a point approximately one mile offshore at 60° 33.66' N. lat., 151° 20.66' W. long., to the northern ADF&G regulatory marker at the mouth of the Kenai River at 60° 34.24' N. lat., 151° 18.99' W. long.;

(4) Kasilof River: waters enclosed by a line from the southern ADF&G regulatory marker at 60° 22.56' N. lat., 151° 20.98' W. long., to a point approximately one and one-half miles offshore at 60° 23.97' N. lat., 151° 22.02' W. long., to a point approximately one and one-half miles offshore at 60° 24.23' N. lat., 151° 20.68' W. long., to the northern ADF&G regulatory marker at 60° 24.23' N. lat., 151° 17.66' W. long.;

(5) Ninilchik River,

(A) within one statute mile of the river terminus;

(B) between the latitude of an ADF&G regulatory marker located approximately one statute mile north of the Ninilchik boat harbor entrance at 60° 04.02' N. lat., 151° 38.90' W. long. and the latitude of Anchor Point Light at 59° 46.15' N. lat. and extending offshore for a distance of one statute mile from mean lower low water;

(6) on the west side of the Central District from the northern boundary of the district south to Harriet Point (60° 23.75' N. lat., 152° 14.00' W. long.),

(A) within one statute mile of the terminus, at mean high tide, of the Kustatan River and the Drift River;

(B) within one statute mile of the terminus, at mean lower low water, of Cannery Creek;

(D) within 500 yards of the terminus, at mean high tide, of any anadromous fish stream;

(E) within 900 feet of the streambed or channel of any anadromous fish stream throughout the intertidal portion of that stream out to the lower low water mark;

(7) Packers Creek: waters enclosed by a line from the south ADF&G regulatory marker located at 60° 26.11' N. lat., 151° 55.66' W. long., to 60° 25.33' N. lat., 151° 55.00' W. long., to 60° 25.31' N. lat., 151° 52.68' W. long., to 60° 26.42' N. lat., 151° 51.71' W. long., to the north ADF&G regulatory marker located at 60° 26.42' N. lat., 151° 53.32' W. long;

(8) within one statute mile of the terminus, at mean lower low water, of Silver Salmon Creek at 59° 58.85' N. lat., 152° 38.66' W. long., and Shelter Creek at 59° 53.10' N. lat., 152° 48.24' W. long.

(1) within one statute mile of the terminus of the following salmon streams:

(A) Swanson Creek;

(B) Bishop Creek;

(D) Chuit River;

(E) Nikolai Creek;

(F) McArthur River;

(2) Turnagain Arm and Knik Arm: east of a line from Point Possession at 61° 02.33' N. lat., 150° 22.62' W. long., to the site of the old West Point light at 61° 07.56' N. lat., 150° 16.93' W. long., on Fire Island, along the eastern shore of Fire Island to North Point at 61° 10.33' N. lat., 150° 09.58' W. long., to a point offshore located at 61° 14.14' N. lat., 149° 59.07' W. long., to Point MacKenzie at 61° 14.29' N. lat., 149° 50.20' W. long.

(d) Southern District

(1) northeast of a line from 59° 44.43' N. lat., 151° 02.80' W. long. to a point on the shore one-half statute mile southwest of the terminus of Swift Creek at 59° 47.15' N. lat., 151° 05.45' W. long.;

(2) waters of China Poot Bay south and east of a line beneath the Homer Electric Association power line from a point on the north shore of the north arm of China Poot Bay at 59° 33.92' N .lat., 151° 15.42' W. long., to a point on the peninsula between the north and south arm of China Poot Bay at 59° 33.47' N. lat., 151° 15.71' W. long., to a point on the south shore of the south arm of China Poot Bay at 59° 33.21' N. lat., 151° 16.46' W. long.;

(3) waters of Sadie Cove south of 59° 30.00' N. lat.;

(4) repealed 3/22/2014;

(5) waters of Jakolof Bay south of 59° 28.07' N. lat.;

(6) waters of Seldovia Bay south of a line from 59° 25.09' N. lat., 151° 42.57' W. long. to 59° 24.84' N. lat., 151° 43.06' W. long.;

(7) waters of Port Graham Bay south of 59° 20.44' N. lat.;

(8) Northshore Subdistrict;

(9) waters of Humpy Creek south of a line from 59° 40.10' N. lat., 151° 09.70' W. long., to 59° 40.10' N. lat., 151° 08.10' W. long., and east of a line at 59° 40.10' N. lat., 151° 09.70' W. long., to 59° 39.30' N. lat., 151° 09.70' W. long.;

(10) waters of Tutka Bay southeast of a line at 59° 25.51' N. lat., 151° 19.01' W. long., to 59° 25.14' N. lat., 151° 19.51' W. long.

(e) Kamishak Bay District

(1) waters of Cottonwood Bay west of a line from 59° 38.39' N. lat., 153° 39.41' W. long. to 59° 37.68' N. lat., 153° 39.51' W. long.;

(2) waters of Chenik Lagoon south and west of 59° 13.42' N. lat., 154° 07.32' W. long.;

(3) waters of Iniskin Bay north of a line from a point at 59° 43.85' N. lat., 153° 22.60' W. long., to 59° 43.85' N. lat., 153° 27.12' W. long., and east of a line from 59° 43.85' N. lat., 153° 22.60' W. long., to 59° 42.89' N. lat., 153° 22.60' W. long.;

(4) waters of Right Arm in Iniskin Bay east of a line from 59° 43.93' N. lat., 153° 22.83' W. long. to 59° 42.90' N. lat., 153° 22.86' W. long.;

(5) waters of Ursus Cove west of a line from 59° 32.43' N. lat., 153° 46.06' W. long. to 59° 31.20' N. lat., 153° 45.74' W. long.

(6) waters of Akumwarvik Bay inshore of a line from a point at 59° 03.31' N. lat., 154° 11.24' W. long., to 59° 02.82' N. lat., 154° 10.18' W. long., to the west shore at 59° 02.32' N. lat., 154° 07.08' W. long.;

(7) waters of the Douglas River area inshore of a line from a point at 59° 03.78' N. lat., 153° 46.09' W. long., to 59° 03.95' N. lat., 153° 45.09' W. long;

(8) waters of Rocky Cove inshore of a line from 59° 26.98' N. lat., 153° 44.36' W. long., to 59° 26.37' N. lat., 153° 43.92' W. long.;

(9) waters of McNeil Lagoon and bay inshore of a line from 59° 07.52' N. lat., 154° 15.00' W. long., to 59° 07.40' N. lat., 154° 14.20' W. long.;

(10) waters of Bruin Bay inshore of a line at 59° 22.28' N. lat., 154° 04.95' W. long., to 59° 20.80' N. lat., 154° 04.95' W. long.;

(11) waters of Knoll Head Creek north of a line at 59° 37.80' N. lat., 153° 30.24' W. long., to 59° 37.80' N. lat., 151° 31.94' W. long., and west of a line from 59° 37.80' N. lat., 151° 30.24' W. long., to 59° 38.21' N. lat., 153° 30.24' W. long.;

(12) waters of Brown Peak Creek north of a line from 59° 32.60' N. lat., 153° 44.30' W. long., to 59° 32.60' N. lat., 153° 42.50' W. long.;

(13) waters of Amakdedori Creek west of a line from 59° 17.10' N. lat., 154° 07.10' W. long., to 59° 16.10' N. lat., 154° 07.10' W. long.

(f) Outer District

(1) waters of Port Chatham east of a line from 59° 13.32' N. lat., 151° 43.41' W. long. to 59° 12.59' N. lat., 151° 43.55' W. long.;

(2) waters of Windy Bay west of 151° 32.85' W. long.;

(3) waters of Taylor Bay north of 59° 18.00' N. lat.;

(4) waters of Tacoma Cove and Sunday Harbor east of 151° 01.15' W. long.;

(5) waters of Koyuktolik (Dogfish) Bay east of a line from 59° 14.45' N. lat., 151° 52.72' W. long. to 59° 14.25' N. lat., 151° 52.90' W. long.;

(6) waters of Chugach Bay west of a line from 59° 11.36' N. lat., 151° 37.57' W. long. to 59° 11.03' N. lat., 151° 37.25' W. long.;

(7) waters of Rocky Bay inshore of a line from 59° 14.92' N. lat., 151° 23.82' W. long. to 59° 14.72' N. lat., 151° 23.32' W. long.;

(8) waters of Port Dick west of a line from 59° 18.16' N. lat., 151° 17.33' W. long. to 59° 18.60' N. lat., 151° 17.10' W. long.;

(9) waters of Middle Creek north of a line from 59° 18.18' N. lat., 151° 12.13' W. long. to 59° 18.08' N. lat., 151° 13.13' W. long.;

(10) waters of Island Creek inshore of a line from 59° 17.09' N. lat., 151° 08.78' W. long. to 59° 17.11' N. lat., 151° 08.30' W. long. and inshore of a line from 59° 17.04' N. lat., 151° 08.06' W. long. to 59° 16.88' N. lat., 151° 07.15' W. long., and including the waters northwest of the island between those two lines;

(11) waters of McCarty Fjord north of a line from 57° 37.52' N. lat., 150° 19.18' W. long. to 59° 37.03' N. lat., 150° 17.01' W. long.;

(12) waters of the East Nuka Subdistrict east of a line from a point north of the entrance to McCarty Lagoon at 59° 32.76' N. lat., 150° 20.20' W. long., to a point offshore of the entrance of McCarty Lagoon at 59° 32.45' N. lat., 150° 21.50' W. long., to a point south of the entrance of McCarty Lagoon at 59° 31.90' N. lat., 150° 21.00' W. long.;

(13) waters of the East Nuka Subdistrict east of a line from a point north of the entrance to Desire Lake Creek at 59° 35.02' N. lat., 150° 17.86' W. long. to a point south of the entrance to Desire Lake Creek at 59° 34.68' N. lat., 150° 17.95' W. long.

(14) waters of the Nuka Island Subdistrict off the mouth of the Petrof River west of a line from a point at 59° 20.85' N. lat., 150° 50.35' W. long., to a point at 59° 21.50' N. lat., 150° 50.30' W. long;

(15) waters of South Nuka Bay east of a line from 59° 18.62' N. lat., 150° 42.86' W. long., to 59° 18.13' N. lat., 150° 43.11' W. long.;

(16) waters of James Lagoon west of a line from 59° 34.11' N. lat., 150° 23.04' W. long., to 59° 33.05' N. lat., 150° 24.74' W. long.;

(17) waters of Shelter Cove south of a line from 59° 17.30' N. lat., 151° 13.90' W. long., to 59° 17.30' N. lat., 151° 14.80' W. long., and west of a line from 59° 17.30' N. lat., 151° 13.90' W. long., to 59° 17.03' N. lat., 151° 13.90' W. long.

(g) Eastern District

(1) waters of Resurrection Bay west of a line from the old military dock pilings on the west shore of Resurrection Bay north of Caines Head at 60° 00.48' N. lat., 149° 24.20' W. long. to a point located near the Seward Airport at 60° 07.49' N. lat., 149° 24.72' W. long.;

(2) king and coho salmon may not be taken in waters of Resurrection Bay north of a line from Cape Resurrection at 59° 52.00' N. lat., 149° 16.71' W. long. to a point on Aialik Cape at 59° 42.39' N. lat., 149° 31.29' W. long.;

(3) waters of Aialik Bay north of 59° 53.47' N. lat;

(4) waters of Aialik Bay and lagoon north of a line from 59° 52.58' N. lat., 149° 44.62' W. long., to 59° 52.75' N. lat., 149° 44.12' W. long.

(h) In any bay, estuary, slough, or lagoon less than 300 feet in width at mean lower low water.

(i) In all other streams or rivers within 500 yards of the terminus or as specified in 5 AAC 39.290.

History

Authority: AS 16.05.251

5 AAC 21.353 Central District Drift Gillnet Fishery Management Plan {#sec-5-aac-21.353 omnilex-key=us-ak-regs-official--title-5--5 AAC 21.353}

(a) The purpose of this management plan is to ensure adequate escapement and a harvestable surplus of salmon into the Northern District drainages and to provide management guidelines to the department. The department shall manage the commercial drift gillnet fishery to minimize the harvest of Northern District salmon and Kenai River coho salmon in order to provide all users with a reasonable opportunity to harvest these salmon stocks over the entire run, as measured by the frequency of inriver restrictions. The department shall manage the Central District commercial drift gillnet fishery as described in this section.

(b) The regular weekly fishing periods are as described in 5 AAC 21.320(b). The fishing season will open the third Monday in June or June 19, whichever is later.

(1) fishing during the first regular fishing period and second regular fishing period is restricted to the Expanded Kenai and Expanded Kasilof Sections of the Upper Subdistict and Drift Gillnet Area 1;

(2) at run strengths greater than 2,300,000 sockeye salmon to the Kenai River, the commissioner may, by emergency order, open one additional 12-hour fishing period in the Expanded Kenai and Expanded Kasilof Sections of the Upper Subdistrict and Drift Gillnet Area 1;

(3) additional fishing time under this subsection is allowed only in the Expanded Kenai and Expanded Kasilof Sections of the Upper Subdistrict.

(d) From July 16 through July 31,

(1) at run strengths of less than 2,300,000 sockeye salmon to the Kenai River, fishing during all regular 12-hour fishing periods will be restricted to the Expanded Kenai and Expanded Kasilof Sections of the Upper Subdistrict;

(2) at run strengths of 2,300,000 - 4,600,000 sockeye salmon to the Kenai River,

(A) fishing during one regular 12-hour fishing period per week will be restricted to one or more of the following sections and areas:

(i) Expanded Kenai Section of the Upper Subdistrict;

(ii) Expanded Kasilof Section of the Upper Subdistrict;

(iii) Anchor Point Section of the Lower Subdistrict;

(iv) Drift Gillnet Area 1;

(B) the remaining weekly 12-hour regular fishing period will be restricted to one or more of the following sections:

(i) Expanded Kenai Section;

(ii) Expanded Kasilof Section;

(iii) Anchor Point Section;

(3) at run strengths greater than 4,600,000 sockeye salmon to the Kenai River, one regular 12-hour fishing period per week will be restricted to the Expanded Kenai, Expanded Kasilof, and Anchor Point Sections;

(4) additional fishing time under this subsection is allowed only in one or more of the following sections:

(A) Expanded Kenai Section;

(B) Expanded Kasilof Section;

(e) From August 1 through August 15,

(1) fishing during both regular 12-hour fishing periods per week will be restricted to one or more of the following:

(A) Expanded Kenai Section;

(B) Expanded Kasilof Section;

(D) Drift Gillnet Area 1;

(E) Drift Gillnet Area 3;

(2) additional fishing periods are allowed in one or more of the following:

(A) Expanded Kenai Section;

(B) Expanded Kasilof Section;

(3) regular fishing periods will be restricted to Drift Gillnet Areas 3 and 4 if

(A) the Upper Subdistrict set gillnet fishery is closed under 5 AAC 21.310(b)(2)(C)(iii); or

(B) the department determines that less than one percent of the season's total drift gillnet sockeye salmon harvest has been taken per fishing period for two consecutive fishing periods in the drift gillnet fishery.

(f) From August 16 until closed by emergency order, Drift Gillnet Areas 3 and 4 are open for fishing during regular fishing periods.

(g) For the purposes of this section,

(1) "Drift Gillnet Area 1" means those waters of the Central District south of Kalgin Island at 60° 20.43' N. lat.;

(2) "Drift Gillnet Area 2" means those waters of the Central District enclosed by a line from 60° 20.43' N. lat., 151° 54.83' W. long. to a point at 60° 41.08' N. lat., 151° 39.00' W. long. to a point at 60° 41.08' N. lat., 151° 24.00' W. long. to a point at 60° 27.10' N. lat., 151° 25.70' W. long. to a point at 60° 20.43' N. lat., 151° 28.55' W. long.;

(3) "Drift Gillnet Area 3" means those waters of the Central District within one mile of mean lower low water (zero tide) south of a point on the West Foreland at 60° 42.70' N. lat., 151° 42.30' W. long.;

(4) "Drift Gillnet Area 4" means those waters of the Central District enclosed by a line from 60° 04.70' N. lat., 152° 34.74' W. long. to the Kalgin Buoy at 60° 04.70' N. lat., 152° 09.90' W. long. to a point at 59° 46.15' N. lat., 152° 18.62' W. long. to a point on the western shore at 59° 46.15' N. lat., 153° 00.20' W. long., not including the waters of the Chinitna Bay Subdistrict.

(h) The commissioner may depart from the provisions of the management plan under this section as provided in 5 AAC 21.363(e).

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 6/11/2005, Register 174; am 6/4/2008, Register 186; am 9/12/2008, Register 187; am 5/21/2011, Register 198; am 6/12/2011, Register 198; em am 6/30/2011 - 7/13/2011, Register 199; am 11/25/2011, Register 200; am 5/18/2014, Register 210; am 6/8/2017, Register 222; am 6/21/2020, Register 234; am 6/8/2024, Register 250

5 AAC 21.354 Cook Inlet Pink Salmon Management Plan {#sec-5-aac-21.354 omnilex-key=us-ak-regs-official--title-5--5 AAC 21.354}

(a) The purpose of this management plan is to allow for the harvest of surplus pink salmon in the Upper Subdistrict for set gillnet and drift gillnet gear. Notwithstanding 5 AAC 21.310(b)(2)(C)(iii), from August 11 through August 15, the commissioner may, by emergency order, open a commercial pink salmon fishery in an even-numbered year for up to two regular 12-hour fishing periods if the commissioner determines that the sockeye salmon escapement goals in the Kenai and Kasilof Rivers are being achieved and coho salmon run strength is sufficient to withstand additional harvest.

(b) The first pink salmon commercial fishing period will occur only if, during the regular fishing periods from August 6 through August 10, the daily harvest of pink salmon in the Upper Subdistrict set gillnet fishery exceeds 25,000 fish or the cumulative harvest is 50,000 or more pink salmon. The second pink salmon commercial fishing period will occur only if 25,000 or more pink salmon and no more than 2,500 coho salmon are harvested in the Upper Subdistrict set gillnet fishery during the first pink salmon commercial fishing period.

(1) set gillnet may not have a mesh size greater than four and three-quarters inches; and

(2) drift gillnet may not have a mesh size greater than four and three-quarters inches, and fishing with drift gillnet gear will only be opened in the areas defined in 5 AAC 21.200(b)(2)(B).

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 5/21/2011, Register 198; am 5/18/2014, Register 210; am 6/8/2017, Register 222

5 AAC 21.355 Reporting requirements {#sec-5-aac-21.355 omnilex-key=us-ak-regs-official--title-5--5 AAC 21.355}

A commercial salmon fisherman shall, at the time of landing, report on an ADF&G fish ticket the number of salmon, by species, taken but not sold.

History

Authority: AS 16.05.251
Eff. 6/10/89, Register 110; am 6/13/99, Register 150

5 AAC 21.356 Cook Inlet Pink Salmon Management Plan {#sec-5-aac-21.356 omnilex-key=us-ak-regs-official--title-5--5 AAC 21.356}

Repealed.

History

Eff. 6/22/2002, Register 162; am 6/11/2005, Register 174; repealed 6/4/2008, Register 186

5 AAC 21.357 Kenai River Coho Salmon Conservation Management Plan {#sec-5-aac-21.357 omnilex-key=us-ak-regs-official--title-5--5 AAC 21.357}

Repealed.

History

Eff. 6/21/97, Register 142; am 6/13/99, Register 150; am 5/18/2000, Register 154; am 6/22/2002, Register 162; em am 9/28/2004 - 1/25/2005, Register 172; am 2/10/2005, Register 173; repealed 6/11/2005, Register 174

5 AAC 21.358 Northern District Salmon Management Plan {#sec-5-aac-21.358 omnilex-key=us-ak-regs-official--title-5--5 AAC 21.358}

(a) The purposes of this management plan are to minimize the harvest of coho salmon bound for the Northern District of upper Cook Inlet and to provide the department direction for management of salmon stocks. The department shall manage the chum, pink, and sockeye salmon stocks for commercial and inriver uses to provide an opportunity to harvest these salmon resources based on abundance. The department shall also manage the chum, pink, and sockeye salmon stocks to minimize the harvest of Northern District coho salmon, to provide sport and guided sport fisherman and other inriver users a reasonable opportunity to harvest these salmon resources over the entire run, as measured by the frequency of inriver restrictions, or as specified in this section and other regulations.

(b) The department shall manage the Northern District commercial salmon fisheries based on the abundance of sockeye salmon counted through the weirs on Larson, Chelatna, and Judd Lakes, and based on the abundance of king and coho salmon counted through the Little Susitna River weir or other salmon abundance indices as the department deems appropriate.

(c) From July 20 through August 6, if the department's assessment of abundance indicates that restrictions are necessary to achieve the escapement goal, the commissioner may, by emergency order, close the commercial set gillnet fishery in the Northern District and immediately reopen a season during which the number of set gillnets that may be used is limited to the following options selected at the discretion of the commissioner, except that from July 31 through August 6, the commissioner may allow the use of two set gillnets in that portion of the General District south of the Susitna River:

(1) three set gillnets that are not more than 105 fathoms in aggregate length;

(2) two set gillnets that are not more than 70 fathoms in aggregate length;

(3) one set gillnet that is not more than 35 fathoms in length.

(d) In addition to the provisions specified in (b) and (c) of this section, the department shall manage the Northern District commercial salmon fisheries to minimize the incidental take of coho salmon stocks bound for the Northern District in the following manner:

(1) additional fishing periods, other than the weekly fishing periods described in 5 AAC 21.320(a)(1), may not be provided when coho salmon are expected to be the most abundant species harvested during that period; additional fishing periods may not be provided based on the abundance of Northern District coho salmon;

(2) after August 15, the department shall limit the harvest of coho salmon in the Northern District by limiting commercial fishing time to the weekly fishing periods described in 5 AAC 21.320(a)(1).

(e) Personal use fishing with a set gillnet is prohibited in the Northern District.

(f) The department shall, to the extent practicable, conduct habitat assessments on a schedule that conforms to the board's 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 management plan.

(g) The commissioner may depart from the provisions of the management plan under this section as provided in 5 AAC 21.363(e).

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 5/31/96, Register 138; am 5/14/97, Register 142; am 6/13/99, Register 150; am 5/18/2000, Register 154; am 6/22/2002, Register 162; am 6/11/2005, Register 174; am 6/4/2008, Register 186; am 5/21/2011, Register 198; am 6/12/2011, Register 198; am 6/21/2020, Register 234; am 6/8/2024, Register 250

5 AAC 21.359 Kenai River Late-Run King Salmon Management Plan {#sec-5-aac-21.359 omnilex-key=us-ak-regs-official--title-5--5 AAC 21.359}

(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 of inriver restrictions. The provisions of this management plan are in effect from June 20 through August 15.

(b) The department shall manage the late run of Kenai River king salmon to achieve an optimal escapement goal of 15,000 - 30,000 king salmon 75 cm mid eye to tail fork and longer as described in this section.

(1) if the optimal 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;

(2) from July 1 through July 31, a person may not use more than one single hook in the Kenai River downstream from an ADF&G regulatory marker located at the outlet of Skilak Lake;

(3) that portion of the Kenai River downstream from an ADF&G regulatory marker located at the outlet of Skilak Lake is open to unguided sport fishing from a nonmotorized vessel on Mondays in July; for purposes of this paragraph, a nonmotorized vessel is one that does not have a motor on board.

(d) If the projected late-run king salmon escapement is less than 15,000 king salmon 75 cm mid eye to tail fork and longer, the department shall

(1) 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;

(2) 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

(3) close the commercial set gillnet fishery in the Upper Subdistrict of the Central District.

(e) In order to achieve the optimal escapement goal and provide reasonable harvest opportunity, the commissioner may, by emergency order, establish fishing seasons as follows:

(1) in the Kenai River sport fishery,

(A) the use of bait is prohibited;

(B) the use of bait is prohibited and retention of king salmon 34 inches or greater in length as defined in 5 AAC 75.995(a) is prohibited; or

(2) in the Kenai River personal use fishery, if the use of bait is prohibited in the Kenai River sport fishery under (1) of this subsection, the retention of king salmon is prohibited in the personal use fishery;

(3) in the Upper Subdistrict set gillnet commercial fishery, notwithstanding the provisions of 5 AAC 21.360(c)(1)(B), (2)(B), and (3)(B), based on the abundance of sockeye salmon returning to the Kenai and Kasilof Rivers,

(A) if the use of bait is prohibited in the Kenai River sport fishery under (1)(A) of this subsection, commercial fishing periods are open for no more than 48 hours per week, with a 36-hour continuous closure per week beginning between 7:00 p.m. Thursday and 7:00 a.m. Friday;

(B) if the use of bait and the retention of king salmon greater than 34 inches in length as defined in 5 AAC 75.995(a) are prohibited in the Kenai River sport fishery under (1)(B) of this subsection, commercial fishing periods are open for no more than 36 hours per week, with a 36-hour continuous closure per week beginning between 7:00 p.m. Thursday and 7:00 a.m. Friday;

(C) if the use of bait and the retention of king salmon prohibited in the Kenai River sport fishery under (1)(C) of this subsection, commercial fishing periods are open for no more than 24 hours per week, with a 36-hour continuous closure per week beginning between 7:00 p.m. Thursday and 7:00 a.m. Friday;

(D) if preseason restrictions are issued for the late-run Kenai River king salmon sport fishery, then all Upper Subdistrict set gillnet fisheries are restricted;

(E) if restrictions for the late-run Kenai River king salmon sport fishery are in effect on July 31, then, beginning August 1, Upper Subdistrict set gillnet commercial fishing periods are open for no more than 36 hours per week; if the Kenai River late-run king salmon sport fishery is not restricted under the provisions of this section, or, after August 1, if the Kenai River late-run king salmon OEG is achieved, the Upper Subdistrict set gillnet fishery will be managed under the provisions of 5 AAC 21.360, Kenai River Late-Run Sockeye Salmon Management Plan;

(F) Upper Subdistrict set gillnet commercial fishing periods that are limited under this section may be limited to fishing within 600 feet of the mean high tide mark and are exempt from hour and gear limitations identified under (e)(3)(A) - (E) of this section;

(G) if commercial fishing is limited under (e)(3) of this section, the operation of setnets operated by a CFEC permit holder shall be restricted to:

(i) up to four set gillnets that are each not more than 35 fathoms in length, 105 fathoms in aggregate length, and 29 meshes in depth, or two set gillnets that are each not more than 35 fathoms in length and 45 meshes in depth; set gillnets used that are not more than 29 meshes in depth must be identified at the end of the gillnet with an attached blue buoy that is not less than nine and one-half inches in diameter; or

(ii) up to two set gillnets that are each not more than 35 fathoms in length and 29 meshes in depth or one set gillnet that is not more than 35 fathoms in length and 45 meshes in depth; set gillnets used that are not more than 29 meshes in depth must be identified at the end of the gillnet with an attached blue buoy that is not less than nine and one-half inches in diameter.

(f) Repealed 6/8/2017;

(g) Repealed 6/8/2017;

(h) The provisions of (e)(3)(G) of this section do not apply to provisions of the Kasilof River Salmon Management Plan contained in 5 AAC 21.365(f) that pertain to the Kasilof Special Harvest Area. The provisions of (e)(3)(A) - (C) of this section apply to provisions of the Kasilof River Salmon Management Plan contained in 5 AAC 21.365(f) that pertain to the Kasilof River Special Harvest Area.

(i) 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.

(j) The commissioner may depart from the provisions of the management plan under this section as provided in 5 AAC 21.363(e).

History

Authority: AS 16.05.060; AS 16.05.251
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; am 6/4/2008, Register 186; am 6/1/2013, Register 206; am 5/18/2014, Register 210; am 6/8/2017, Register 222; am 6/21/2020, Register 234

5 AAC 21.360 Kenai River Late-Run Sockeye Salmon Management Plan {#sec-5-aac-21.360 omnilex-key=us-ak-regs-official--title-5--5 AAC 21.360}

(a) The department shall manage the Kenai River late-run sockeye salmon stocks primarily for commercial uses based on abundance. The department shall also manage the commercial fisheries to minimize the harvest of Northern District coho, late-run Kenai River king, and Kenai River coho salmon stocks to provide personal use, sport, and guided sport fishermen with a reasonable opportunity to harvest salmon resources.

(b) The Kenai River late-run sockeye salmon commercial, sport, and personal use fisheries shall be managed to

(1) meet the sustainable escapement goal (SEG) range of 750,000 - 1,300,000 late-run sockeye salmon;

(2) achieve inriver goals as established by the board and measured at the Kenai River sonar counter located at river mile 19; and

(3) distribute the escapement of sockeye salmon evenly within the (SEG) range, in proportion to the size of the run.

(c) Based on preseason forecasts and inseason evaluations of the total Kenai River late-run sockeye salmon return during the fishing season, the run will be managed as follows:

(1) at run strengths of less than 2,300,000 sockeye salmon,

(A) the department shall manage for an inriver goal range of 1,000,000 - 1,200,000 sockeye salmon past the sonar counter at river mile 19; and

(B) subject to the provisions of other management plans, the Upper Subdistrict set gillnet fishery will fish regular weekly fishing periods, as specified in 5 AAC 21.320, through July 20, unless the department determines that the minimum inriver goal will not be met, at which time the fishery shall be closed or restricted as necessary; the commissioner may, by emergency order, allow extra fishing periods of no more than 24 hours per week, except as provided in 5 AAC 21.365;

(2) at run strengths of 2,300,000 - 4,600,000 sockeye salmon,

(A) the department shall manage for an inriver goal range of 1,100,000 - 1,400,000 sockeye salmon past the sonar counter at river mile 19;

(B) subject to the provisions of other management plans, the Upper Subdistrict set gillnet fishery will fish regular weekly fishing periods, as specified in 5 AAC 21.320, through July 20, or until the department makes a determination of run strength, whichever occurs first; if the department determines that the minimum inriver goal will not be met, the fishery shall be closed or restricted as necessary; the commissioner may, by emergency order, allow extra fishing periods of no more than 51 hours per week, except as provided in 5 AAC 21.365; and

(C) the Upper Subdistrict set gillnet fishery will be closed for one continuous 36-hour period per week beginning between 7:00 p.m. Thursday and 7:00 a.m. Friday and for one continuous 24-hour period per week beginning between 7:00 p.m. Monday and 7:00 a.m. Wednesday;

(3) at run strengths greater than 4,600,000 sockeye salmon,

(A) the department shall manage for an inriver goal range of 1,200,000 - 1,600,000 sockeye salmon past the sonar counter at river mile 19;

(B) subject to the provisions of other management plans, the Upper Subdistrict set gillnet fishery will fish regular weekly fishing periods, as specified in 5 AAC 21.320, through July 20, or until the department makes a determination of run strength, whichever occurs first; if the department determines that the minimum inriver goal will not be met, the fishery shall be closed or restricted as necessary; the commissioner may, by emergency order, allow extra fishing periods of no more than 84 hours per week, except as provided in 5 AAC 21.365; and

(C) the Upper Subdistrict set gillnet fishery will be closed for one continuous 36-hour period per week, beginning between 7:00 p.m. Thursday and 7:00 a.m. Friday.

(d) The sonar count levels established in this section may be lowered by the board if noncommercial fishing, after consideration of mitigation efforts, results in a net loss of riparian habitat on the Kenai River. 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 the Kenai River late-run sockeye salmon inriver goal.

(e) Repealed 6/11/2005.

(f) Repealed 6/11/2005.

(g) Subject to the requirement of achieving the lower end of the sustainable escapement goal, the department shall provide for a personal use dip net fishery in the lower Kenai River as specified in 5 AAC 77.540.

(h) Subject to the requirement of achieving the lower end of the sustainable escapement goal, the department shall manage the sport fishery on the Kenai River, except that portion of the Kenai River from its confluence with the Russian River to an ADF&G regulatory marker located 1,800 yards downstream, as follows:

(1) fishing will occur seven days per week, 24 hours per day;

(2) the bag and possession limit for sockeye salmon is three per day, with six in possession, in the sport fishery, unless the department determines that the abundance of late-run sockeye salmon exceeds 2,300,000 fish, at which time the commissioner may, by emergency order, increase the bag and possession limit as the commissioner determines to be appropriate; and

(3) if the projected inriver run of sockeye salmon above the Kenai River sonar counter located at river mile 19 is less than 1,000,000 fish and the inriver sport fishery harvest is projected to result in an escapement below the lower end of the sustainable escapement goal, the commissioner may, by emergency order, decrease the bag and possession limit, as the commissioner determines to be appropriate, for sockeye salmon in the sport fishery above the Kenai River sonar counter located at river mile 19.

(i) For the purposes of this section, "week" means a calendar week, a period of time beginning at 12:00:01 a.m. Sunday and ending at 12:00 midnight the following Saturday.

(j) The commissioner may depart from the provisions of the management plan under this section as provided in 5 AAC 21.363(e).

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 21.361 Russian River Sockeye Salmon Management Plan {#sec-5-aac-21.361 omnilex-key=us-ak-regs-official--title-5--5 AAC 21.361}

Repealed.

5 AAC 21.362 Early Kenai River King Salmon Management Plan {#sec-5-aac-21.362 omnilex-key=us-ak-regs-official--title-5--5 AAC 21.362}

Repealed 5/3/84.

5 AAC 21.363 Upper Cook Inlet Salmon Management Plan {#sec-5-aac-21.363 omnilex-key=us-ak-regs-official--title-5--5 AAC 21.363}

(a) The department should receive long-term direction in management of upper Cook Inlet salmon stocks and salmon species. Divisions within the department must receive long-term direction in order to accomplish their missions and plan management, research, administrative, and other programs. Upper Cook Inlet stakeholders should be informed of the long-term management objectives of the Board of Fisheries (board). Therefore, the board establishes the following provisions for the management and conservation of upper Cook Inlet salmon stocks:

(1) consistent with the statutory priority for subsistence, the harvest of upper Cook Inlet salmon for customary and traditional subsistence uses will be provided for specific species in appropriate areas, seasons, and periods to satisfy subsistence needs; other beneficial uses, to the extent they are consistent with the public interest and overall benefit of the people of Alaska, will be allowed in order to maximize the benefits of these resources;

(2) to provide for the management and allocation of the upper Cook Inlet salmon resources, the harvest of the upper Cook Inlet salmon will be governed by specific and comprehensive management plans adopted by the board for salmon stocks and species, on a Cook Inlet basin wide basis, for different areas, and drainages and for different types of fisheries;

(3) in adopting the specific management plans described in (2) of this subsection the board will consider:

(A) the need for sustainable fisheries for all salmon stocks and salmon species throughout the Cook Inlet basin;

(B) the protection of the fisheries habitat both in the fresh water and the marine environment throughout the Cook Inlet basin; and

(4) in these management plans, the board may, as appropriate, address the following considerations:

(A) the need to allocate the harvestable surplus among commercial, sport, guided sport and personal use fisheries; and

(B) the need to allocate the harvestable surplus within user groups;

(5) in the absence of a specific management plan, it is the intent of the board that salmon be harvested in the fisheries that have historically harvested them, according to the methods, means, times, and locations of those fisheries;

(6) consistent with 5 AAC 39.220(b), it is the intent of the board that, in the absence of a specific management plan, where there are known conservation problems, the burden of conservation shall, to the extent practicable, be shared among all user groups in close proportion to their respective harvest on the stock of concern.

(b) Repealed 6/13/99.

(c) In this section, "upper Cook Inlet salmon stocks" means those salmon that move through the Northern and Central Districts as defined in 5 AAC 21.200(a) and (b) and spawn in waters draining into those districts.

(d) Repealed 6/11/2005.

(e) Notwithstanding any other provision of this chapter, it is the intent of the board that, while in most circumstances the department will adhere to the management plans in this chapter, no provision within a specific management plan is intended to limit the commissioner's use of emergency order authority under AS 16.05.060 to achieve established escapement goals for the management plans as the primary management objective. For the purpose of this subsection, "escapement goals" includes inriver goal, biological escapement goal, sustainable escapement goal, and optimal escapement goal as defined in 5 AAC 39.222.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 5/17/81, Register 78; am 3/29/87, Register 101; am 4/7/93, Register 126; am 5/31/96, Register 138; am 5/14/97, Register 142; am 6/13/99, Register 150; am 6/11/2005, Register 174; am 6/4/2008, Register 186

5 AAC 21.364 Fish Creek Sockeye Salmon Management Plan {#sec-5-aac-21.364 omnilex-key=us-ak-regs-official--title-5--5 AAC 21.364}

Repealed.

History

Eff. 5/11/85, Register 94; em am 4/30/91 - 5/30/91, Register 118 [not printed]; am 7/21/91, Register 119; am 6/13/99, Register 150; repealed 6/22/2002, Register 162

5 AAC 21.365 Kasilof River Salmon Management Plan {#sec-5-aac-21.365 omnilex-key=us-ak-regs-official--title-5--5 AAC 21.365}

(a) This management plan governs the harvest of Kasilof River salmon excess to spawning escapement needs. It is the intent of the Board of Fisheries that Kasilof River salmon be harvested in the fisheries that have historically harvested them, including the methods, means, times, and locations of those fisheries. Openings in the areas historically fished must be consistent with escapement objectives for upper Cook Inlet salmon and with the Upper Cook Inlet Salmon Management Plan (5 AAC 21.363).

(b) Achieving the lower end of the Kenai River sockeye salmon escapement goal shall take priority over not exceeding the upper end of the Kasilof River optimal escapement goal range of 140,000 - 370,000 sockeye salmon.

(1) fishing will be opened as described in 5 AAC 21.310(b)(2) for regular weekly fishing periods, as specified in 5 AAC 21.320;

(2) from the beginning of the fishing season through July 7,

(A) the commissioner may, by emergency order, open additional fishing periods or extend regular weekly fishing periods to a maximum of 48 hours of additional fishing time per week;

(B) the fishery shall remain closed for at least one continuous 36-hour period per week to begin between 7:00 p.m. Thursday and 7:00 a.m. Friday;

(3) beginning July 8, the set gillnet fishery in the Kasilof Section will be managed as specified in 5 AAC 21.360(c); in addition to the provisions of 5 AAC 21.360(c), the commissioner may, by emergency order, limit fishing during the regular weekly periods and any extra fishing periods to those waters within one-half mile of shore, if the set gillnet fishery in the Kenai and East Forelands Sections are not open for the fishing period; if the commissioner determines that further restrictions are necessary to aid in achieving the lower end of the Kenai River late run sockeye and king salmon escapement goals, the commissioner may, in an emergency order under this paragraph, further restrict fishing to within 600 feet of the mean high tide mark in the Kasilof Section and is not subject to the time limitations in 5 AAC 21.359(e)(3) and 5 AAC 21.360;

(4) after July 8, if the Kasilof Section set gillnet fishery is restricted to fishing within the first one-half mile of shore, the commissioner may, by emergency order, open the KRSHA described in (f) of this section to both set and drift gillnet fishing using only one gillnet, for fishing periods not to exceed 48 hours in duration without one period of 24 consecutive hours of closure;

(5) after July 15, if the department determines that the Kenai River late-run sockeye salmon run strength is projected to be less than 2,300,000 fish and the 390,000 optimal escapement goal for the Kasilof River sockeye salmon may be exceeded, the commissioner may, by emergency order, open fishing for an additional 24 hours per week in the Kasilof Section within one-half mile of shore and as specified in 5 AAC 21.360(c).

(d) The personal use fishery will be managed as specified in 5 AAC 77.540(b) and (c).

(e) Repealed 6/4/2008.

(f) The commissioner may, by emergency order, open the Kasilof River Special Harvest Area (KRSHA) to the taking of salmon by gillnets when it is projected that the Kasilof River sockeye salmon escapement will exceed 365,000 fish. It is the intent of the Board of Fisheries (board) that the KRSHA should rarely, if ever, be opened under this subsection and only for conservation reasons. Before the commissioner opens the KRSHA, it is the board's intent that additional fishing time be allowed in the remainder of the Kasilof Section first, and secondly that the mandatory closures specified in regulation be reduced in duration, if necessary to meet the escapement goals contained within this and other management plans. The Kasilof River Special Harvest Area is defined as those offshore waters bounded by a line from 60° 22.59' N. lat., 151° 20.79' W. long., to 60° 23.83' N. lat., 151° 21.70' W. long., to 60° 24.13' N. lat., 151° 21.34' W. Iong., to 60° 24.13' N. lat., 151° 17.72' W. long., excluding waters of the Kasilof River upstream of ADF&G regulatory markers located near the terminus of the river and waters open to set gillnetting under 5 AAC 21.330(b)(3)(C)(ii) and (iii). The following apply within the special harvest area when it is open:

(1) the boundary between waters open to set gillnet gear and waters open to drift gillnet gear is a line from 60° 22.77' N. lat., 151° 20.93' W. long., to 60° 23.23' N. lat., 151° 19.31' W. long., to 60° 23.56' N. lat., 151° 18.17' W. long., to 60° 24.13' N. lat., 151° 18.12' W. long.;

(2) a set gillnet may not exceed 35 fathoms in length;

(3) repealed 6/8/2017;

(4) no more than 50 fathoms of drift gillnet may be used to take salmon;

(5) a permit holder may not use more than one set gillnet per permit to take salmon at any time;

(6) a person may not operate a gillnet outside the special harvest area when operating a gillnet in the special harvest area;

(7) there is no minimum distance between gear, except that a gillnet may not be set or operated within 600 feet of a set gillnet located outside of the special harvest area; and

(8) repealed 6/8/2017;

(9) Except for nets which may not be in the water after the closure, set gillnet gear, including running lines, shore leads, anchors, and buoys must be removed from the water and the beach prior to the opening of the KRSHA and no more than 4 hours after any closure of the KRSHA, and may not be placed back in the water or on the beach prior to the next opening of the KRSHA.

(g) The commissioner may depart from the provisions of the management plan under this section as provided in 5 AAC 21.363(e).

(h) For the purposes of this section, "week" means a calendar week, a period of seven consecutive days beginning at 12:01 a.m. Sunday and ending at 12:00 midnight the following Saturday.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 4/18/86, Register 98; am 6/22/2002, Register 162; am 7/3/2002, Register 163; am 9/28/2002, Register 163; em am 7/20/2004 - 11/16/2004, Register 171; am 2/13/2005, Register 173; am 6/11/2005, Register 174; am 10/1/2006, Register 179; am 6/4/2008, Register 186; am 5/21/2011, Register 198; am 5/18/2014, Register 210; am 6/8/2017, Register 222; am 9/19/2019, Register 231; am 6/21/2020, Register 234

5 AAC 21.366 Northern District King Salmon Management Plan {#sec-5-aac-21.366 omnilex-key=us-ak-regs-official--title-5--5 AAC 21.366}

(a) The purpose of this management plan is to ensure an adequate escapement of king salmon into the Northern District drainages and to provide management guidelines to the department. The department shall manage the Northern District king salmon stocks primarily for sport and guided sport uses in order to provide sport and guided sport fishermen with a reasonable opportunity to harvest these salmon over the entire run as measured by the frequency of inriver restrictions. The department shall manage the Northern District for the commercial harvest of king salmon as follows:

(1) except as specified in (8) of this section, the season will open for commercial fishing periods with the first fishing period beginning on the first Monday on or after May 25, except when May 25 falls within a closed period, in which case the season opens the next following open period and continues through June 24, unless closed earlier by emergency order;

(2) fishing periods are from 7:00 a.m. to 7:00 p.m. on Mondays;

(3) the harvest may not exceed 4,500 king salmon;

(4) set gillnets may not exceed 35 fathoms in length and six inches in mesh size;

(5) no CFEC permit holder may operate more than one set gillnet per permit at a time;

(6) no set gillnet may be set or operated within 1,200 feet of another set gillnet;

(7) no CFEC permit holder may set a gillnet seaward of a set gillnet operated by another CFEC permit holder;

(8) from May 25 through June 24, the area from an ADF&G regulatory marker located one mile south of the Theodore River to the Susitna River is open to fishing the second regular Monday period only;

(9) if the Theodore, Lewis, or Ivan River is closed to sport fishing, the commissioner shall close, by emergency order, the area from an ADF&G regulatory marker located one mile south of the Theodore River to the Susitna River to commercial king salmon fishing for the remainder of the fishing periods provided for under this section;

(10) if the king salmon sport fishery on the Deshka River as described in 5 AAC 61 is

(A) conducted as a no bait fishery, the commissioner shall, by emergency order, reduce the time allowed per commercial set gillnet fishing period provided for in this section to no more than nine hours in duration, or from 7:00 a.m. until 4:00 p.m.;

(B) conducted as a catch and release fishery, the commissioner shall, be emergency order, reduce the time allowed per fishing period provided for in this section to no more than six hours in duration, or from 7:00 a.m. until 1:00 p.m.;

(C) closed, the commissioner shall close, by emergency order, the commercial king salmon fishery throughout the Northern District;

(11) if the Chuitna River is closed to sport fishing, the commissioner shall close, by emergency order, the area from a point at the wood chip dock located approximately at 61° 02.77' N. lat., 151° 10.04' W. long., to the Susitna River to commercial king salmon fishing for the remainder of the directed king salmon fishery;

(12) if the inseason Deshka River run projection is below the sustainable escapement goal, the commissioner may, by emergency order, close the commercial salmon set gillnet fishery throughout the Northern District.

(b) The commissioner may depart from the provisions of the management plan under this section as provided in 5 AAC 21.363(e).

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 4/18/86, Register 98; am 5/14/97, Register 142; am 6/13/99, Register 150; am 6/22/2002, Register 162; am 6/11/2005, Register 174; am 6/4/2008, Register 186; em am 5/1/2009 - 8/28/2009, Register 190; am 5/21/2011, Register 198; am 5/18/2014, Register 210; am 6/21/2020, Register 234; am 6/8/2024, Register 250

5 AAC 21.367 Upper Subdistrict King Salmon Management Plan {#sec-5-aac-21.367 omnilex-key=us-ak-regs-official--title-5--5 AAC 21.367}

Repealed 6/10/89.

5 AAC 21.368 Big River Sockeye Salmon Management Plan {#sec-5-aac-21.368 omnilex-key=us-ak-regs-official--title-5--5 AAC 21.368}

(a) The purpose of this management plan is to authorize a harvest of Big River sockeye salmon by set gillnets in a portion of the Kustatan and Kalgin Island Subdistricts.

(b) Salmon may be taken in waters of the Kustatan Subdistrict west of 151° 52.30' W. long., approximately one mile south of the terminus of the Kustatan River, and in the Kalgin Island Subdistrict north and east of 60° 20.67' N. lat., near the Kalgin Island Light around Kalgin Island to the southside of Light Point at 151° 50.50' W. long.

(c) The open fishing season is from June 1 through June 24, except that if June 1 falls within a closed weekly fishing period, the season will open the next following open period.

(d) Fishing periods are from 7:00 a.m. through 7:00 p.m. on Monday, Wednesday, and Friday.

(e) Salmon may be taken by set gillnets only as follows:

(1) a set gillnet may not exceed 35 fathoms in length nor five and one-half inches in mesh size;

(2) no CFEC permit holder may operate more than one set gillnet at a time;

(3) no set gillnet may be set or operated within 1,800 feet of another set gillnet;

(4) no set gillnet may extend more than 35 fathoms seaward of the mainland beach at the lowest tide of the current day;

(5) repealed 4/7/93.

(f) Commercial salmon fishing is prohibited as follows, and no other closed waters provision applies:

(1) within one statute mile of the terminus, at mean high tide, of the Kustatan River and of the Drift River, and within one statute mile of the Big River;

(2) within 500 yards of the terminus, at mean high tide, of Montana Bill Creek and of Bachatna Creek (also known as Johnson Slough);

(3) in the freshwater portions of any anadromous fish stream, in accordance with 5 AAC 39.290.

(g) The commissioner shall close, by emergency order, the fishery, when the harvest of king salmon reaches 1,000 fish.

(h) The commissioner may depart from the provisions of the management plan under this section as provided in 5 AAC 21.363(e).

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 6/10/89, Register 110; am 4/7/93, Register 126; am 6/11/2005, Register 174; am 6/4/2008, Register 186; am 9/19/2019, Register 231; am 6/21/2020, Register 234

5 AAC 21.369 Lower Cook Inlet Seine Fishery Management Plan {#sec-5-aac-21.369 omnilex-key=us-ak-regs-official--title-5--5 AAC 21.369}

When the Board of Fisheries authorized the use of power purse seines in the Cook Inlet salmon fishery, the board was concerned that the more efficient gear might allow the fleet to increase its harvest of Upper Cook Inlet salmon stocks. The department shall manage the seine fleet so that its efforts are directed on Lower Cook Inlet salmon stocks. The board recognizes that some incidental catch of Upper Cook Inlet salmon stocks will occur while the seine fishery is managed for Lower Cook Inlet salmon stocks.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 6/10/89, Register 110

5 AAC 21.370 Packers Creek Sockeye Salmon Management Plan {#sec-5-aac-21.370 omnilex-key=us-ak-regs-official--title-5--5 AAC 21.370}

The department may not base fishing time in the Kalgin Island Subdistrict on the enhanced run strength of Packers Creek sockeye salmon. For the purpose of harvesting Packers Creek sockeye salmon, extra fishing time in the Kalgin Island Subdistrict shall be limited to no more than one additional fishing period per week.

History

Authority: AS 16.05.251
Eff. 4/7/93, Register 126

5 AAC 21.372 Tutka Bay Lagoon Salmon Hatchery Management Plan {#sec-5-aac-21.372 omnilex-key=us-ak-regs-official--title-5--5 AAC 21.372}

(a) The department, in consultation with the hatchery operator, shall manage the Tutka Bay Subdistrict and the Paint River Subdistrict to provide for common property fisheries and to achieve the hatchery broodstock and cost recovery goals set by the hatchery operator and approved by the department for the Tutka Bay Lagoon Hatchery. The department will manage the sport fisheries in accordance with regulations in 5 AAC 56 - 62 and 5 AAC 75. The commissioner may issue emergency orders to liberalize or restrict sport fisheries based on achievement of broodstock goals.

(b) The Tutka Bay Lagoon Hatchery special harvest areas are as follows:

(1) Tutka Bay Lagoon Special Harvest Area: the marine waters of Tutka Bay Subdistrict in the Southern District southeast and shoreward of a line from 59° 30.23' N. lat., 151° 28.23' W. long. to 59° 28.63' N. lat., 151° 30.37' W. long., including Tutka Bay Lagoon;

(2) Paint River Special Harvest Area: the marine waters of Akjemguiga Cove west of a line from 59° 09.50' N. lat., 154° 12.83' W. long. to 59° 10.00' N. lat., 154° 12.50' W. long., including the lagoon at the Paint River mouth and intertidal fish ladder;

(3) Halibut Cove Lagoon Special Harvest Area: the marine waters of Halibut Cove Subdistrict east of 151° 11.90' W. long., including all marine waters of Halibut Cove Lagoon.

(c) Notwithstanding 5 AAC 21.320 and 5 AAC 21.330, and except as otherwise provided by emergency order issued under AS 16.05.060, the permit holder for the Tutka Bay Lagoon Hatchery, and the permit holder's agents, contractors, or employees authorized under 5 AAC 40.005(g) may harvest salmon in the Tutka Bay Lagoon Hatchery Special Harvest Area, Paint River Special Harvest Area, and Halibut Cove Lagoon Special Harvest Area from 6:00 a.m. June 15 until 6:00 p.m. September 15 using purse seines, hand purse seines, and beach seines.

History

Authority: AS 16.05.060; AS 16.05.730 AS 16.05.251; AS 16.10.440
Eff. 3/22/2014, Register 209

5 AAC 21.373 Trail Lakes Hatchery Salmon Hatchery Management Plan {#sec-5-aac-21.373 omnilex-key=us-ak-regs-official--title-5--5 AAC 21.373}

(a) The department, in consultation with the hatchery operator, shall manage the Resurrection Bay North Subdistrict, China Poot Subdistrict, Tutka Bay Subdistrict, and the Kirschner Lake Section of the Bruin Bay Subdistrict to provide for a common property fishery and to achieve the hatchery broodstock and cost recovery goals set by the hatchery operator and approved by the department for the Trail Lakes Hatchery. The department will manage the sport fisheries in accordance with regulations in 5 AAC 56 - 62 and 5 AAC 75. The commissioner may issue emergency orders to liberalize or restrict sport fisheries based on achievement of broodstock goals.

(b) The Trail Lakes Hatchery special harvest areas are as follows:

(1) Bear Lake Special Harvest Area: the marine waters of Resurrection Bay in the Eastern District north of the latitude of Caines Head at 59° 58.93' N. lat., and the fresh waters of Bear Creek, Salmon Creek, and Resurrection River downstream from, and including, the Bear Creek weir, excluding all freshwaters downstream from the Seward Highway and Nash Road to a line between the ADF&G saltwater/freshwater regulatory markers at 60° 07.49' N. lat., 149° 24.72' W. long. and 60° 07.25' N. lat., 149° 22.54' W. long.;

(2) China Poot Special Harvest Area: the marine waters of China Poot Bay Subdistrict in the Southern District inshore of, and enclosed by, a line from a point at the base of China Poot Spit at 59° 33.42' N. lat., 151° 21.70' W. long., to a point offshore at 59° 34.11' N. lat., 151° 22.45' W. long. to a point at 59° 35.08' N. lat., 151° 19.77' W. long., to Moosehead Point at 59° 34.66' N. lat., 151° 19.27' W. long.;

(3) Tutka Bay Lagoon Special Harvest Area: the marine waters of Tutka Bay Subdistrict in the Southern District southeast and shoreward of a line from 59° 30.23' N. lat., 151° 28.23' W. long. to 59° 28.63' N.lat., 151° 30.37' W. long., including Tutka Bay Lagoon;

(4) Kirschner Lake Special Harvest Area: the marine waters of Bruin Bay Subdistrict in the Kamishak Bay District northwest of a line connecting 59° 25.17' N. lat., 153° 50.50' W. long. and 59° 23.17' N. lat., 153° 56.90' W. long.;

(5) Hazel Lake Special Harvest Area: the marine waters of the China Poot Bay Subdistrict in the Southern District inshore of, and enclosed by, a line connecting 59° 32.84' N. lat., 151° 24.90' W. long., to a point offshore at 59° 33.09' N. lat., 151° 25.22' W. long., to a point at 59° 34.11' N. lat., 151° 22.45' W. long., to a point at the base of China Poot Spit at 59° 33.42' N. lat., 151° 21.70' W. long.

(c) Notwithstanding 5 AAC 21.320 and 5 AAC 21.330, and except as otherwise provided by emergency order issued under AS 16.05.060, the permit holder for the Trail Lakes Hatchery, and the permit holder's agents, contractors, or employees authorized under 5 AAC 40.005(g) may harvest salmon in the

(1) Bear Lake Special Harvest Area, from 6:00 a.m. May 15 until 6:00 p.m. October 31 using weirs, purse seines, hand purse seines, and beach seines;

(2) China Poot and Hazel Lake Special Harvest Area, from 6:00 a.m. June 1 until 6:00 p.m. July 31 using purse seines, hand purse seines, and beach seines;

(3) Tutka Bay Lagoon Special Harvest Area, from 6:00 a.m. June 1 until 6:00 p.m. September 15 using purse seines, hand purse seines, and beach seines;

(4) Kirschner Lake Special Harvest Area, from 6:00 a.m. June 1 until 6:00 p.m. August 15 using purse seines, hand purse seines, and beach seines.

History

Authority: AS 16.05.060; AS 16.05.730 AS 16.05.251; AS 16.10.440
Eff. 8/23/2009, Register 191; am 3/22/2014, Register 209; am 3/15/2017, Register 221; am 4/24/2020, Register 234

5 AAC 21.375 Bear Lake Management Plan {#sec-5-aac-21.375 omnilex-key=us-ak-regs-official--title-5--5 AAC 21.375}

Repealed.

History

Eff. 6/10/89, Register 110; am 2/13/2005, Register 173; repealed 8/23/2009, Register 191

5 AAC 21.376 Resurrection Bay Salmon Management Plan {#sec-5-aac-21.376 omnilex-key=us-ak-regs-official--title-5--5 AAC 21.376}

(a) Since the beginning of significant commercial harvests of pink and chum salmon in Resurrection Bay, there have been some conflicts between recreational and commercial fishermen. The issues are the protection of coho and king salmon for the recreational fishery, and the management of surplus pink and chum salmon stocks in a manner that provides for a commercial fishery while minimizing the incidental catch of coho and king salmon.

(b) The commissioner shall, by emergency order,

(1) manage Resurrection Bay coho and king salmon stocks primarily for recreational use;

(2) manage the indigenous pink and chum salmon stocks primarily for commercial use, insofar as that harvest does not interfere in time or area with the recreational fishery;

(3) manage the commercial fishery in Resurrection Bay in a manner that does not interfere with the recreational fishery.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 6/10/89, Register 110; am 6/11/2005, Register 174

5 AAC 21.377 Port Graham Salmon Hatchery Management Plan {#sec-5-aac-21.377 omnilex-key=us-ak-regs-official--title-5--5 AAC 21.377}

(a) The department, in consultation with the hatchery operator, shall manage the Port Graham Subdistrict to provide for a common property fishery and to achieve the hatchery broodstock and cost recovery goals set by the hatchery operator and approved by the department for the Port Graham Salmon Hatchery. The department will manage the sport fisheries in accordance with regulations in 5 AAC 56 - 62 and 5 AAC 75. The commissioner may issue emergency orders to liberalize or restrict sport fisheries based on achievement of broodstock goals.

(b) The Port Graham Special Harvest Area consists of the marine waters of Port Graham Subdistrict in the Southern District south of a line from the southern tip of Passage Island at 151° 53.08' W. long., 59° 22.00' N. lat., to a point offshore at 59° 21.45' N. lat., 151° 50.05' W. long., to a point on shore at 59° 20.83' N. lat., 151° 48.53' W. long.

(c) Notwithstanding 5 AAC 21.320 and 5 AAC 21.330, and except as otherwise provided by emergency order issued under AS 16.05.060, the permit holder for the Port Graham Salmon Hatchery, and the permit holder's agents, contractors, or employees authorized under 5 AAC 40.005(g) may harvest salmon in the Port Graham Salmon Hatchery Special Harvest Area from 6:00 a.m. July 15 until 6:00 p.m. September 15 using purse seines, hand purse seines, and beach seines.

History

Authority: AS 16.05.060; AS 16.05.730 AS 16.05.251; AS 16.10.440
Eff. 4/7/93, Register 126; am 3/22/2014, Register 209

5 AAC 21.378 Prohibition on the use of aircraft {#sec-5-aac-21.378 omnilex-key=us-ak-regs-official--title-5--5 AAC 21.378}

Repealed.

History

Eff. 6/13/99, Register 150; repealed 6/11/2005, Register 174

5 AAC 21.379 Prohibitions on the use of aircraft {#sec-5-aac-21.379 omnilex-key=us-ak-regs-official--title-5--5 AAC 21.379}

A person may not use or employ an aircraft to locate salmon for the commercial taking of salmon or to direct commercial fishing operations in the Central and Northern Districts of the Cook Inlet Area one hour before, during, and one hour after a commercial salmon fishing period.

History

Authority: AS 16.05.251
Eff. 6/4/2008, Register 186

5 AAC 21.380 Unlawful possession of subsistence-taken salmon {#sec-5-aac-21.380 omnilex-key=us-ak-regs-official--title-5--5 AAC 21.380}

It is unlawful to purchase or sell salmon from which both lobes of the caudal fin (tail) have been removed as required by 5 AAC 01.590.

History

Authority: AS 16.05.251

5 AAC 21.382 Kenai River late-run king salmon stock of concern management plan {#sec-5-aac-21.382 omnilex-key=us-ak-regs-official--title-5--5 AAC 21.382}

(a) The department shall manage the late run of Kenai River king salmon to achieve a recovery goal of 14,250 - 30,000 king salmon 75 cm mid eye to tail fork and longer as described in this section. Achieving the lower end of the Kenai River late-run king salmon recovery goal shall take priority over not exceeding the upper end of the escapement and inriver goal ranges for Kenai and Kasilof River sockeye salmon.

(b) The purposes of this management plan are to rebuild the Kenai River late-run king salmon stock to levels that consistently achieve management targets established by the board and to provide sustainable harvest opportunities. The Kenai River late-run king salmon will remain a stock of concern until the department recommends delisting to the board at a Board of Fisheries meeting and the board adopts the delisting recommendation. The provisions of this management plan are in effect from June 20 through August 15 and supersede the provisions in 5 AAC 21.359 until the recovery goal is either

(1) achieved or exceeded for three consecutive years, one of which is at or above 18,000 fish, which is the estimated number of spawners needed for maximum sustained yield and is expected to achieve the goal established in (a) of this section in future years; or

(2) achieved four of six consecutive years, one of which is at or above 18,000 fish and is expected to achieve the goal established in (a) of this section in future years.

(c) If the recovery goal is projected to be achieved, the commissioner may establish by emergency order fishing seasons as follows in the Kenai River sport fishery:

(1) retention of king salmon 34 inches or greater in length, as defined in 5 AAC 75.995(a) is prohibited; or

(2) retention of king salmon is prohibited.

(d) In the Kenai River sport fishery,

(1) If the recovery goal is not projected to be achieved, the Kenai River is closed to sport fishing for king salmon; a king salmon that is caught must be released immediately and a person may not remove a king salmon from the water before releasing the fish;

(2) from July 1 through August 15, a person may not use more than one unbaited, single-hook, artificial lure in the Kenai River downstream from an ADF&G regulatory marker located at the outlet of Skilak Lake;

(3) from the mouth of the Kenai River upstream to an ADF&G marker at the outlet of Skilak Lake, the bag limit for sockeye salmon is six per day, 12 in possession; and

(4) that portion of the Kenai River downstream from an ADF&G regulatory marker located at the outlet of Skilak Lake is open to unguided sport fishing from a nonmotorized vessel on Mondays in July; for purposes of this paragraph, a 'nonmotorized vessel' is one that does not have a motor on board.

(e) The sport fisheries in the salt waters of Cook Inlet north of the latitude of Bluff Point at 59° 40.00' N. lat., are closed to the taking of king salmon.

(f) In the Central District, the commercial drift gillnet fishery is closed within two miles of the Kenai Peninsula shoreline.

(g) In the Upper Subdistrict of the Central District set gillnet commercial fishery,

(1) from June 20 through July 31, when the forecast of king salmon 75 cm mid eye to tail fork and longer is greater than 14,250 fish, including harvest and forecast error, the Upper Subdistrict fishery may open to S04H CFEC permit holders as follows:

(A) the use of a beach seine, as described in 5 AAC 39.105(d)(6), is allowed as an alternative gear type for S04H CFEC permit holders;

(B) an S04H commercial set gillnet CFEC permit holder may operate not more than one beach seine;

(C) the maximum legal limit for a beach seine is 70 fathoms in length, 110 mesh depth, including border and chaffing strips, and three and one-half inch mesh size throughout; notwithstanding 5 AAC 21.332, a beach seine has no minimum length, depth, or mesh size requirements;

(D) fishing with a beach seine must occur from shore or waterline, with one end anchored on shore and the outside end set and retrieved back to the shore or waterline using a running line;

(E) openings will occur for two 12-hour periods per week, established by emergency order;

(F) retention of king and coho salmon is prohibited, except that a king or coho salmon that is mortally wounded or caught in a beach seine is subject to (i) and (j) of this section; in this subparagraph, "caught" means brought on board a vessel or removed from the water;

(G) the number of king or coho salmon released must be recorded on an ADF&G fish ticket under the disposition code for live release;

(H) a commercial dip net may not be operated within 600 feet of any part of a commercial beach seine, and a commercial beach seine may not be operated, in whole or in part, within 600 feet of any part of another commercial beach seine;

(2) in the Upper Subdistrict set gillnet commercial fishery, notwithstanding the provisions of 5 AAC 21.365 and 5 AAC 21.360(c)(1)(B), (2)(B), and (3)(B), commercial fishing periods will be based on the abundance of sockeye salmon returning to the Kenai and Kasilof Rivers;

(3) from June 20 through July 31,

(A) the use of dip nets is allowed as an alternative gear type for holders of an S04H commercial set gillnet CFEC permit;

(B) openings may occur outside of specified openings in this section based on abundance of sockeye salmon from 7:00 a.m. - 7:00 p.m. on Monday, Tuesday, Wednesday, Thursday, and Friday, unless closed by emergency order;

(C) an S04H commercial set gillnet CFEC permit holder may operate not more than four dip nets at a time, and each dip net must be operated by either the permit holder or an ADF&G licensed crewmember;

(D) retention of king and coho salmon is prohibited, except that a king salmon that is brought aboard the vessel or to shore is subject to (i) and (j) of this section;

(E) fishing with a dip net may occur from a vessel or from shore; fishing from shore must occur at the location of a shore fishery tract identified in the recorded plat for that lease under AS 38.05.082 or City of Kenai shore fishery lease; nothing in this subsection affects or changes the terms or conditions of a lease and its lessee under AS 38.05.082 or a City of Kenai shore fishery lease and its lessee;

(F) the number of king or coho salmon that are released must be recorded on an ADF&G fish ticket under the disposition code for live release.

(h) Notwithstanding 5 AAC 21.365, the Kasilof River Special Harvest Area (KRSHA) is closed to commercial fishing.

(i) Commercially harvested king salmon

(1) may only be delivered to a licensed shore-based processor or floating processor as defined in 5 AAC 39.130(o) that is required to be licensed under AS 43.75.020; and

(2) must be retained and made available to the department for sampling.

(j) Salmon caught by a CFEC permit holder must be retained, and each CFEC permit holder must report the number of salmon caught on an ADF&G fish ticket. For the purposes of this subsection, "caught" means brought on board a vessel or removed from the water if fishing from shore with a dip net.

(k) In the Kenai and Kasilof River personal use fisheries,

(1) retention of king salmon is prohibited in the Kenai and Kasilof River personal use dip net fisheries; and

(2) a Kasilof River personal use set gillnet may not exceed 10 fathoms in length, four and three-quarter inches in mesh size, and 29 meshes in depth.

(l) The department will conduct habitat assessments on a schedule that conforms to the Board of Fisheries' triennial meeting cycle, to the extent practicable. The department will report habitat assessment findings to the board and submit proposals to the board for appropriate modification of the Kenai River late-run king salmon stock of concern management plan.

(m) For purposes of this section, statistical areas in the Central District are defined as follows:

(1) Statistical Area 244-21 (Ninilchik): waters of the Kasilof Section, as described in 5 AAC 21.200(b)(2)(D), between the latitude of 60° 14.37' N. lat., to the latitude of the North Ninilchik River ADF&G regulatory marker located at 60° 04.02' N. lat., and within one and one-half nautical miles of the mean high tide mark on the Kenai Peninsula shoreline;

(2) Statistical Area 244-22 (Cohoe): waters of the Kasilof Section, as described in 5 AAC 21.200(b)(2)(D), between the latitude of 60° 14.37' N. lat., to the latitude of the South Kasilof River ADF&G regulatory marker located at 60° 22.56' N. lat., and within one and one-half nautical miles of the mean high tide mark on the Kenai Peninsula shoreline;

(3) Statistical Area 244-31 (South K Beach): waters of the Kasilof Section, as described in 5 AAC 21.200(b)(2)(D), between the North Kasilof River ADF&G regulatory marker located at 60° 24.23' N. lat., to 60° 27.10' N. lat., and within one and one-half nautical miles of the mean high tide mark on the Kenai Peninsula shoreline.

(4) Statistical Area 244-32 (North K Beach): waters of the Kenai Section, as described in 5 AAC 21.200(b)(2)(B), between the latitude of the Blanchard line at 60° 27.10' N. lat., to the latitude of South Kenai River ADF&G regulatory marker located 60° 30.49' N. lat., and within one and one-half nautical miles of the mean high tide mark on the Kenai Peninsula shoreline;

(5) Statistical Area 244-41 (Salamantof): waters of the Kenai Section, as described in 5 AAC 21.200(b)(2)(B), between the latitude of North Kenai River ADF&G regulatory marker of 60° 34.24' N. lat., to the latitude of the base of Colliers Dock at 60° 40.35' N. lat., representing the southernmost of the pile-supported docks at Nikiski, and within one nautical mile of the mean high tide mark on the Kenai Peninsula shoreline;

(6) Statistical Area 244-42 (East Foreland): waters of the East Foreland Section, as described in 5 AAC 21.200(b)(2)(A), all waters from the northern boundary of the Upper Subdistrict at the latitude of Boulder Point at 60° 40.35' N. lat., to the latitude of the base of Colliers Dock at 60° 40.35' N. lat., representing the southernmost of the pile-supported docks at Nikiski, and within one nautical mile of the mean high tide mark on the Kenai Peninsula shoreline.

(n) If the forecast or inseason projection of king salmon 75 cm mid eye to tail fork and longer is less than 14,250 fish, including harvest and forecast error, the commissioner may issue not more than 10 cost-neutral commissioner permits under the authority of AS 16.05.050(a)(9) for the beach seine gear type to S04H salmon permit holders registered in the Upper Subdistrict.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 6/8/2024, Register 250; am 7/10/2025, Register 255; am 6/17/2026, Register 258

Article 5 Smelt Fishery

5 AAC 21.505 Cook Inlet Smelt Fishery Management Plan {#sec-5-aac-21.505 omnilex-key=us-ak-regs-official--title-5--5 AAC 21.505}

(a) Smelt may be taken only under the conditions of a commissioner's permit issued under this section.

(b) Smelt may be taken only

(1) from May 1 through June 30;

(2) in the marine waters of Cook Inlet in that portion of the General Subdistrict northeast of the Chuit River and southwest of the Little Susitna River; and

(3) with a dip net.

History

Authority: AS 16.05.251
Eff. 6/11/2005, Register 174; am 6/8/2017, Register 222; am 6/8/2024, Register 250

Repealed 6/15/74.

Article 8 Freshwater Fishery

5 AAC 21.850 Closed waters {#sec-5-aac-21.850 omnilex-key=us-ak-regs-official--title-5--5 AAC 21.850}

Commercial fishing is prohibited in Lake Louise, Susitna Lake and Tyone Lake.

History

Authority: AS 16.05.251

5 AAC 21.880 Permits {#sec-5-aac-21.880 omnilex-key=us-ak-regs-official--title-5--5 AAC 21.880}

A permit is required as specified in 5 AAC 39.780.

History

Authority: AS 16.05.251

Article 9 (Repealed)

5 AAC 24.001 Application of this chapter {#sec-5-aac-24.001 omnilex-key=us-ak-regs-official--title-5--5 AAC 24.001}

History

Authority: AS 16.05.251

5 AAC 24.100 Description of area {#sec-5-aac-24.100 omnilex-key=us-ak-regs-official--title-5--5 AAC 24.100}

The Prince William Sound Area includes all waters of Alaska between 148° 50.25' W. long. (near Cape Fairfield) and 144° W. long. (near Cape Suckling).

History

Authority: AS 16.05.251

Article 2 Fishing Districts and Subdistricts

5 AAC 24.200 Fishing districts and subdistricts {#sec-5-aac-24.200 omnilex-key=us-ak-regs-official--title-5--5 AAC 24.200}

(a) Copper River District: waters surrounding Hinchinbrook Island between the tip of Hook Point at 60° 20.11' N. lat., 146° 15.02' W. long., and Boswell Rock at 60° 24.76' N. lat., 146° 06.28' W. long., including Boswell Bay, and waters south and east of a line from Boswell Rock at 60° 24.76' N. lat., 146° 06.28' W. long., to 60° 28.02' N. lat., 145° 57.57' W. long., and west of a line from a point on the mainland at 60° 10.32' N. lat., 144° 35.49' W. long. to the northernmost tip of Fox Island at 60° 10.13' N. lat., 144° 36.01' W. long. and then extending south from Fox Island along 144° 36.12' W. long.

(b) Bering River District: waters west of 144° W. long. and east of a line from a point on the mainland at 60° 10.32' N. lat., 144° 35.49' W. long. to the northernmost tip of Fox Island at 60° 10.13' N. lat., 144° 36.01' W. long., and then extending south from Fox Island along 144° 36.12' W. long.

(c) Eastern District: waters north and east of a line from Shepard Point to Salmo Point and south and west along the shore to a point at 60° 35.95' N. lat., 145° 47.67' W. long., to a point at 60° 36.87' N. lat., 146° 58.73' W. long., to Point Freemantle at 60° 55.76' N. lat., 146° 58.73' W. long.

(1) Valdez Narrows Subdistrict: waters of Port Valdez enclosed by a line from Potato Point at 61° 03.37' N. lat., 146° 41.81' W. long., to Entrance Point at 61° 03. 79' N. lat., 146° 39.73' W. long.;

(2) Port Fidalgo Subdistrict: waters east of 146° 24.12' W. long.

(d) Northern District: waters north and west of a line from Point Freemantle at 60° 55.76' N. lat., 146° 58.73' W. long., to 60° 36.87' N. lat., 146° 58.73' W. long., to the northern tip of the Eshamy District at 60° 36.87' N. lat., 148° 06.13' W. long., to the eastern shore of Culross Island at 60° 38.88' N. lat., 148° 06.56' W. long., excluding waters of the Northwestern, Coghill, and Unakwik districts.

(1) Perry Island Subdistrict: waters of the Northern District west of a line from the western entrance to Eaglek Bay at 60° 49.68' N. lat., 147° 44.95' W. long., to the northernmost tip of Axel Lind Island at 60° 48.03' N. lat., 147° 42.65' W. long., and from the southernmost tip of Axel Lind Island at 60° 47.08' N. lat., 147° 43.00' W. long., to the northern tip of Lone Island at 60° 41.88' N. lat., 147° 45.03' W. long., and from the southern tip of Lone Island at 60° 39.62' N. lat., 147° 46.31' W. long., due south to the border of the Southwestern District at 60° 36.87' N. lat.;

(2) Cannery Creek Subdistrict: waters of the Northern District in Unakwik Inlet south of 61° 00.97' N. lat., and north of the latitude of Unakwik Point at 60° 53.61' N. lat.;

(3) General Subdistrict: all remaining waters of the Northern District.

(e) Unakwik District: waters of Unakwik Inlet north of 61° 00.97' N. lat.

(f) Coghill District: waters north and east of a line from Point Pigot at 60° 48.21' N. lat., 148° 20.90' W. long. to a point on the mainland shore at 60° 45.85' N. lat., 148° 13.73' W. long., to a point west of Point Culross at 60° 45.61' N. lat., 148° 11.75' W. long., continuing east along the shore to Point Culross at 60° 45.44' N. lat., 148° 08.81' W. long., to a point west of Culross Light at 60° 45.06' N. lat., 148° 08.04' W. long., to Point Perry at 60° 45.02' N. lat., 147° 57.69' W. long., to the west island of the Bald Head Chris Islands at 60° 47.90' N. lat., 147° 51.77' W. long., to a point on the mainland at 60° 49.27' N. lat., 147° 51.20' W. long.

(1) Esther Subdistrict: waters of the Coghill District south and east of a line from a point on the western shore of Esther Island at 60° 48.08' N. lat., 148° 08.54' W. long., to Esther Rock at 60° 48.08' N. lat., 148° 10.75' W. long., to Point Culross at 60° 45.44' N. lat., 148° 08.81' W. long., to a point west of Culross Light at 60° 45.06' N. lat., 148° 08.04' W. long., and south of a line crossing Esther Passage from 60° 49.53' N. lat., 147° 52.69' W. long., to 60° 49.53' N. lat., 147° 54.87' W. long.;

(2) Granite Bay Subdistrict: waters of Port Wells east of a line from Esther Rock at 60° 48.08' N. lat., 148° 10.75' W. long., to a point at 60° 51.68' N. lat., 148° 09.84' W. long., and to a point at 60° 55.81' N. lat., 148° 05.89' W. long., including all waters of Esther Passage north of a line at 60° 49.53' N. lat.;

(3) Bettles Bay Subdistrict: waters west of a line from Point Pigot at 60° 48.21' N. lat., 148° 20.90' W. long., to a point at 60° 48.03' N. lat., 148° 20.26' W. long., to Point Pakenham at 61° 00.36' N. lat., 148° 05.45' W. long.;

(4) General Subdistrict: all remaining waters of the Coghill District.

(g) Northwestern District: waters south and west of a line from Point Pigot at 60° 48.21' N. lat., 148° 20.90' W. long., to a point on the mainland shore at 60° 45.85' N. lat., 148° 13.73' W. long., to a point west of Point Culross at 60° 45.61' N. lat., 148° 11.75' W. long., and from Point Culross at 60° 45.44' N. lat., 148° 08.81' W. long., to a point west of Culross Light at 60° 45.06' N. lat., 148° 08.04' W. long., and from a point on the eastern shore of Culross Island at 60° 38.88' N. lat., 148° 06.56' W. long., to the northern tip of the Eshamy District at 60° 36.87' N. lat., 148° 06.13' W. long., including Culross Passage and waters of Culross Bay.

(1) Whittier Subdistrict: waters west of a line from Point Pigot at 60° 48.21' N. lat., 148° 20.90' W. long. to a point at 60° 45.85' N. lat., 148° 13.73' W. long., including Passage Canal, Blackstone Bay, and Cochrane Bay;

(2) Culross Island Subdistrict: waters of Culross Passage south of a line from 60° 45.85' N. lat., 148° 13.73' W. long., to a point at 60° 45.61' N. lat., 148° 11.75' W. long., and waters of Culross Bay south and west of a line from Point Culross at 60° 45.44' N. lat., 148° 08.81' W. long., to a point west of Culross Light at 60° 45.06' N. lat., 148° 08.04' W. long., and waters of Port Nellie Juan north and east of a line from 60° 34.86' N. lat., 148° 08.62' W. Iong., to a point at 60° 36.49' N. lat., 148° 11.40' W. Iong.;

(3) Port Nellie Juan Subdistrict: waters of Port Nellie Juan and Kings Bay south and west of a line from a point at 60° 34.86' N. lat., 148° 08.62' W. long., to a point at 60° 36.49' N. lat., 148° 11.40' W. long.

(h) Eshamy District: waters east of a line from the entrance to Port Nellie Juan at 60° 35.87' N. lat., 148° 06.13' W. long. to a point approximately one mile offshore at 60° 36.87' N. lat., 148° 06.13' W. long. to 60° 36.52' N. lat., 148° 03.68' W. long. to 60° 30.68' N. lat., 147° 55.93' W. long. to 60° 26.12' N. lat., 147° 54.12' W. long. to 60° 24.00' N. lat., 147° 56.63' W. long. to 60° 24.00' N. lat., 147° 58.90' W. long. to Granite Point at 60° 24.94' N. lat., 147° 57.97' W. long.

(1) Main Bay Subdistrict: waters of Main Bay west of a line from 60° 33.36' N. lat., 148° 02.35' W. long., to 60° 32.77' N. lat., 148° 02.06' W. long.;

(2) Crafton Island Subdistrict: all remaining waters of the Eshamy District.

(i) Southwestern District: state waters south and west of a line from a point at 60° 36.87' N. lat., 148° 06.13' W. long., to a point at 60° 36.87' N. lat., 146° 58.73' W. long., to a point at 60° 17.94' N. lat., 147° 33.94' W. long., to a point at 59° 59.47' N. lat., 147° 47.52' W. long., to a point at 59° 50.93' N. lat., 148° 02.27' W. long., excluding the Eshamy and Northwestern districts.

(1) Port San Juan Subdistrict: waters of Elrington Passage north of 59° 59.97' N. lat., and west of 148° 00.11' W. long., and the waters within one mile of the northern and eastern shore of Evans Island, from Evans Point at 60° 07.95' N. lat., 147° 54.86' W. long., south to 148° 00.11' W. long.;

(2) Point Elrington Subdistrict: waters east of the longitude of Pyke Point (148° 18.97' W. long.), north of 59° 54.97' N. lat., and west of a line extending south from Elrington Island at 148° 10.12' W. long., including waters of Elrington Passage south of 59° 59.97' N. lat., and of Prince of Wales Pass south of the latitude of Amerk Point (60° 02.76' N. lat.);

(3) General Subdistrict: all remaining waters of the Southwestern District.

(j) Montague District: state waters south and east of a line from a point at 60° 36.87' N. lat., 146° 58.73' W. long., to a point at 60° 17.94' N. lat., 147° 33.94' W. long., to a point at 59° 59.47' N. lat., 147° 47.52' W. long., to a point at 59° 50.93' N. lat., 148° 02.27' W. long., and west of a line from a point at 60° 36.87' N. lat., 146° 58.73' W. long., to a point at 60° 12.86' N. lat., 146° 45.08' W. long., and waters surrounding Middleton Island and adjacent islands.

(1) Port Chalmers Subdistrict: waters of the Montague District in Montague Strait, north of 60° 02.50' N. lat., and south of 60° 20.02' N. lat.;

(2) General Subdistrict: all remaining waters of the Montague District.

(k) Southeastern District: state waters south and east of a line from Shepard Point, to Salmo point, and south and west along the shore to a point at 60° 35.95' N. lat., 145° 47.67' W. long., to a point at 60° 36.87' N. lat., 146° 58.73' W. long., to a point at 60° 12.86' N. lat., 146° 45.08' W. long., excluding the Copper River and Bering River districts.

History

Authority: AS 16.05.251

Article 3 Salmon Fishery

5 AAC 24.301 Seaward boundary of districts {#sec-5-aac-24.301 omnilex-key=us-ak-regs-official--title-5--5 AAC 24.301}

For the purpose of managing the historical salmon net fishery in the vicinity of the Copper River and Bering River, the outer boundary of the Copper River and Bering River Districts is a line from a point at 60° 01.16' N. lat., 144° 00.00' W. long., to a point at 59° 57.98' N. lat., 144° 00.00' W. long., to a point at 59° 44.29' N. lat., 144° 36.12' W. long., to a point at 60° 17.13' N. lat., 146° 15.02' W. long., to Hook Point at 60° 20.11' N. lat., 146° 15.02' W. long.

History

Authority: AS 16.05.251

5 AAC 24.310 Fishing seasons {#sec-5-aac-24.310 omnilex-key=us-ak-regs-official--title-5--5 AAC 24.310}

(a) The Copper River District may only open after May 21 by emergency order and may be closed by emergency order.

(b) The Bering River District is open and closed by emergency order.

(d) In the Eshamy District, salmon may be taken only during seasons established by emergency order.

(e) In the Eastern, Northern, Northwestern, Southwestern, Montague and Southeastern Districts, salmon may be taken only during seasons established by emergency order.

(f) Repealed 8/20/71.

(g) Repealed 4/15/81.

(h) Repealed 4/8/79.

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 24.320 Weekly fishing periods {#sec-5-aac-24.320 omnilex-key=us-ak-regs-official--title-5--5 AAC 24.320}

(a) In the Copper River and Bering River Districts, salmon may be taken only during periods established by emergency order. Fishing periods will open at 7:00 a.m. or 7:00 p.m.

(b) Repealed 4/9/89.

(c) In all other districts, salmon may be taken only during periods established by emergency order; an open fishing period for an entire district starts at 8:00 a.m.

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 24.330 Gear {#sec-5-aac-24.330 omnilex-key=us-ak-regs-official--title-5--5 AAC 24.330}

(a) Drift gillnets may be used in the Coghill, Unakwik, Eshamy, Copper River and Bering River Districts.

(b) Set gillnets may be used in the Eshamy District.

(c) Purse seines may be used in all districts, except for the Eshamy, Copper River, and Bering River Districts, in accordance with 5 AAC 24.370.

(d) Repealed 3/8/74.

History

Authority: AS 16.05.251

5 AAC 24.331 Gillnet specifications and operations {#sec-5-aac-24.331 omnilex-key=us-ak-regs-official--title-5--5 AAC 24.331}

(a) Copper River and Bering River Districts:

(1) a person may not operate more than one gillnet from a drift gillnet vessel; a drift gillnet may not exceed 150 fathoms in length, hung measure;

(2) a gillnet fished by a valid interim-use or entry permit holder may not be fastened in any manner to a gillnet fished by another interim-use or entry permit holder;

(3) gillnets with mesh size less than eight inches may not be more than 60 meshes in depth; gillnets with mesh size eight inches or larger may not be more than 40 meshes in depth;

(4) drift gillnet specifications for the Copper River District may be modified in accordance with 5 AAC 24.360;

(5) repealed 4/2/88;

(6) repealed 4/30/91;

(7) gillnets with mesh size greater than six inches will not be allowed in the Copper River District before July 15 unless specified by emergency order in accordance with 5 AAC 24.360.

(b) Eshamy, Coghill, and Unakwik Districts:

(1) in the Eshamy District

(A) no person may operate, or have on board a vessel, more than 150 fathoms of set gillnet in the aggregate;

(B) no single set gillnet may exceed 100 fathoms in length;

(i) in the Crafton Island Subdistrict, no more than 10 fathoms of a single gillnet may be used as a single hook; and

(ii) in the Main Bay Subdistrict, as provided in 5 AAC 24.367(b)(3);

(D) no person may operate more than three set gillnets;

(E) repealed 4/9/89;

(F) a set gillnet buoy may not be more than 20 feet from the seaward end of the set gillnet to which it is attached;

(G) in the Crafton Island Subdistrict, the shoreward end of a set gillnet or set gillnet lead may not be operated in water deeper than four fathoms at low tide;

(2) repealed 5/11/85;

(3) the operation of each gillnet shall be performed or assisted by the fisherman who holds the valid interim-use or entry permit card for that gear;

(4) drift gillnets may not be longer than 150 fathoms;

(5) in the Eshamy District, set gillnets may be attached to seine webbing on the inshore end not to exceed 10 fathoms in length; the seine webbing may remain set during the open fishing season;

(6) before the first Monday in July, unless modified by emergency order, in the Coghill, Unakwik, and Eshamy Districts and the Port Chalmers Subdistrict, gillnets with a mesh size of less than eight inches may not be more than 60 meshes in depth and gillnets with a mesh size of eight inches or greater may not be more than 40 meshes in depth;

(7) repealed 4/2/88;

(8) during periods established by emergency order for the protection of pink salmon, gillnet mesh size may be restricted to a minimum of five and three-eighths inches.

(c) Notwithstanding 5 AAC 39.105(d)(3), for the purpose of this section, a gillnet shall be considered to be a drift gillnet unless the gillnet has been set, staked, anchored or otherwise fixed.

(d) Vessels that are in transit from one fishing district to another fishing district may be towed and each vessel may carry its own legal limit of fishing gear in the aggregate.

(e) The weight of leadline used on a drift gillnet may not be more than two and one-quarter pounds per fathom of gillnet.

(f) In the Prince William Sound Area,

(1) no more than one vessel may be used to operate a drift gillnet;

(2) notwithstanding 5 AAC 39.105(d)(3), a person may not operate a drift gillnet when the vessel to which the gillnet is attached is grounded, or when any part of the gillnet is grounded above the waterline;

(3) a person may not use mechanical power to hold a vessel in substantially the same geographical location while attached to a drift gillnet.

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 24.332 Seine specifications and operations {#sec-5-aac-24.332 omnilex-key=us-ak-regs-official--title-5--5 AAC 24.332}

(a) Except for the first five fathoms in length of the purse seine, a purse seine may not be less than 200 meshes or more than 335 meshes in depth, or less than 125 fathoms or more than 225 fathoms in length, hung measure, or with mesh size greater than four inches stretched measure, except that the first 25 meshes immediately above or below the lead line may be a chafing strip with a mesh size no larger than seven and one-half inches stretched measure. Leads deeper than the seine or exceeding 75 fathoms in length, or leads with mesh size between four inches and six and one-quarter inches may not be used, except as specified in 5 AAC 39.260(f) for a cork line border strip and lead line chafing strip. Except as provided in 5 AAC 24.333, the aggregate of seine and lead may not be more than 225 fathoms in length.

(b) Leads set for fishing must be removed from the water during closed fishing periods and during the closed season within two hours after such closure.

(c) A purse seine vessel may only be connected to a seine or lead at one end of the net. An anchor may only be connected to a seine or lead at the shoreward end of the net.

(d) A lead may only be connected to one end of a seine.

(e) Notwithstanding (a) of this section, from August 25 through the end of the fishing season in the terminal harvest areas and special harvest areas of the Prince William Sound Area, except the Main Bay Hatchery Special Harvest Area described in 5 AAC 24.361, a purse seine may be used that is not more than 150 fathoms in length and not more than 1,025 meshes in depth, hung measure, and with a mesh size no larger than one and five-eighths inches, except that the maximum lead mesh size is as specified in 5 AAC 39.260(f).

(f) A purse seine is considered to have ceased fishing as specified in 5 AAC 39.260(c).

History

Authority: AS 16.05.251

5 AAC 24.333 Requirements and specifications for use of 250 fathoms of purse seine gear in Area E {#sec-5-aac-24.333 omnilex-key=us-ak-regs-official--title-5--5 AAC 24.333}

(a) Two Area E purse seine CFEC permit holders may concurrently fish from the same vessel and jointly operate up to 250 fathoms in the aggregate of seine and lead under this section, except that, in times of conservation, purse seine gear may be restricted by emergency order to an aggregate length of 225 fathoms of seine and lead.

(b) When two Area E purse seine CFEC permit holders fish from the same vessel and jointly operate purse seine gear under this section, the vessel must display its ADF&G permanent license plate number followed by the letter "D" to identify the vessel as a dual permit vessel. The letter "D" must be removed or covered when the vessel is operating with only one purse seine CFEC permit holder on board the vessel. The identification number and letters must be displayed

(1) in letters and numerals 12 inches high with lines at least one inch wide;

(2) in a color that contrasts with the background;

(3) on both sides of the hull; and;

(4) in a manner that is plainly visible at all times when the vessel is being operated.

(c) When two permit holders jointly operate gear under this section, each permit holder is responsible for ensuring that the entire unit of gear is operated in a lawful manner.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 3/27/2022, Register 241

5 AAC 24.334 Identification of gear {#sec-5-aac-24.334 omnilex-key=us-ak-regs-official--title-5--5 AAC 24.334}

(a) Except for the end of the drift gillnet attached to the vessel operating the gear, each end of a drift gillnet in operation must have a red keg or buoy attached that is plainly and legibly marked with the permanent vessel license plate (ADF&G) number of the vessel operating the gear in permanent symbols at least four inches high with lines at least one-half inch wide in a color that contrasts with the background.

(b) Each lead set for fishing must have at each end a buoy, cork or float plainly and legibly marked with the permanent department vessel license plate (ADF&G) number of the vessel operating the gear.

History

Authority: AS 16.05.251

5 AAC 24.335 Minimum distance between units of gear {#sec-5-aac-24.335 omnilex-key=us-ak-regs-official--title-5--5 AAC 24.335}

No part of a set gillnet may be set or operated within 100 fathoms of any part of another set gillnet, except in the Main Bay Subdistrict as provided in 5 AAC 24.367(c)(4). In the Crafton Island Subdistrict, no part of a drift gillnet may be operated within 60 fathoms of a set gillnet, except in the zone outside of the offshore end of the set gillnet.

History

Authority: AS 16.05.251

5 AAC 24.342 Vessel identification {#sec-5-aac-24.342 omnilex-key=us-ak-regs-official--title-5--5 AAC 24.342}

Repealed 4/18/86.

5 AAC 24.350 Closed waters {#sec-5-aac-24.350 omnilex-key=us-ak-regs-official--title-5--5 AAC 24.350}

The following waters are closed to commercial salmon fishing:

(1) Copper River District:

(A) within a line from Point Whitshed south to a point at 60° 26.49' N. lat., 145° 52.86' W. long. to a point at Alaganik Slough North at 60° 24.65' N. lat., 145° 36.70' W. long. to a point at Pete Dahl East at 60° 20.44' N. lat., 145° 29.14' W. long. to a point at West Kokinhenik at 60° 14.88' N. lat., 145° 10.01' W. long. to a point at East "East Side" at 60° 14.83' N. lat., 145° 03.36' W. long. to a point at Coffee Creek East at 60° 14.19' N. lat., 144° 58.01' W. long. to a point at Charlie Mohr North at 60° 15.15' N. lat., 144° 56.43' W. long. to a point at Martin River North at 60° 15.29' N. lat., 144° 52.52' W. long. to a point on Strawberry Reef at 60° 13.93' N. lat., 144° 50.66' W. long., and at all times within sloughs and in Boswell Bay within the bay;

(B) except as provided in 5 AAC 24.361(b), the inside closure area defined as all waters north of line from a point at Steamboat South at 60° 22.31' N. lat., 145° 33.50' W. long. to the west side of the Pete Dahl entrance at 60° 18.89' N. lat., 145° 30.99' W. long. to the western end of the Grass Island Bar at 60° 18.30' N. lat., 145° 28.42' W. long. to the eastern end of Grass Island Bar at 60° 15.24' N. lat., 145° 17.89' W. long. to the western end of Kokinhenik Bar at 60° 15.00' N. lat., 145° 16.20' W. long. to the eastern tip of Kokinhenik Bar at 60° 13.65' N. lat., 145° 09.46' W. long. to the western tip of Softuk Bar at 60° 13.68' N. lat., 145° 05.78' W. long. to Coffee Creek West at 60° 14.13' N. lat., 144° 58.31' W. long.;

(2) Bering River District:

(A) east of a line from Point Hey to a point on the northeastern shore of Kanak Island at 60° 09.06' N. lat., 144° 22.42' W. long., and east of a line from a point on the southeasternmost shore of Kanak Island at 60° 06.56' N. lat., 144° 19.42' W. long. to 60° 06.56' N. lat., 144° 18.32' W. long. to 60° 04.97' N. lat., 144° 11.12' W. long. to a point on Okalee Spit at 60° 04.46' N. lat., 144° 11.12' W. long.;

(B) waters bounded on the east by the longitude of Cape Suckling (144° W. long.), on the north by a line along the beach from Cape Suckling to the longitude of Lemesurier Point (144° 11.72' W. long.), and on the west by a line along the longitude of Lemesurier Point from Okalee Spit to Lemesurier Point, then along the eastern beach of Kayak Island to Pinnacle Rock, then extending south along the longitude of the southernmost tip of Pinnacle Point;

(3) Eastern District:

(A) Simpson Bay, north of 60° 38.00' N. lat., Orca Inlet and Nelson Bay south and east of a line from Salmo Point to Shepard Point, and all of Orca Inlet southeast of Hawkins Island;

(B) Sheep Bay: north of a line from 60° 41.99' N. lat., 145° 56.11' W. long., to 60° 41.17' N. lat., 145° 55.87' W. long.; and east of a line from 60° 40.08' N. lat., 145° 58.61' W. long., to 60° 39.45' N. lat., 145° 58.88' W. long.;

(C) Plateau Creek: south of a line from 60° 42.60' N. lat., 146° 08.28' W. long., to 60° 42.67' N. lat., 146° 07.80' W. long.;

(D) Comfort Cove: east of a line from 60° 42.96' N. lat., 146° 05.67' W. long. to 60° 42.70' N. lat., 146° 05.78' W. long.;

(E) Olsen Bay: north of 60° 44.06' N. lat.;

(F) Beartrap Bay: east of a line from 60° 44.86' N. lat., 145° 59.64' W. long., to 60° 44.60' N. lat., 145° 59.86' W. long.;

(G) Port Gravina: north of 60° 46.30' N. lat.;

(H) St. Matthews Bay: east of a line at 146° 18.09' W. long., and within 500 yards of the northwestern shore, north of 60° 45.36' N. lat.;

(I) Snug Corner Cove: south of a line from 60° 43.51' N. lat., 146° 38.51' W. long., to 60° 43.82' N. lat., 146° 38.00' W. long.;

(J) Two Moon Bay: south of a line from 60° 44.74' N. lat., 146° 30.15' W. long. to 60° 44.63' N. lat., 146° 30.93' W. long.; and south of a line from 60° 44.25' N. lat., 146° 34.42' W. long., to 60° 44.23' N. lat., 146° 35.10' W. long.;

(K) Irish Cove: south of a line from 60° 46.13' N. lat., 146° 26.84' W. long., to 60° 46.06' N. lat., 146° 26.62' W. long.;

(L) Whalen Bay: east of a line from 60° 49.23' N. lat., 146° 15.17' W. long., to 60° 48.59' N. lat., 146° 16.02' W. long.;

(M) Fidalgo River Delta: north of a line from 60° 51.79' N. lat., 146° 13.64' W. long., to 60° 51.75' N. lat., 146° 10.19' W. long.;

(N) Sunny River Delta: north of a line from 60° 51.99' N. lat., 146° 13.82' W. long., to 60° 51.85' N. lat., 146° 16.13' W. long.;

(O) Fidalgo Bay: east of a line from 60° 50.93' N. lat., 146° 08.05' W. long., to 60° 50.20' N. lat., 146° 07.03' W. long.;

(P) Short Creek: north of a line from 60° 50.99' N. lat., 146° 16.85' W. long., to 60° 51.12' N. Iat., 146° 16.00' W. long., and west of a line from 60° 51.16' N. lat., 146° 15.93' W. long., to 60° 51.35' N. lat., 146° 16.10' W. long.;

(Q) Fish Bay: north of 60° 48.92' N. lat.;

(R) Banzer Creek: within the bay east of a line from 60° 48.56' N. lat., 146° 33.53' W. long., to 60° 49.11' N. lat., 146° 33.85' W. long.;

(S) Landlocked Bay: within the bay east of a line in the narrows from 60° 51.13' N. lat., 146° 34.05' W. long., to 60° 51.42' N. lat., 146° 34.12' W. long.;

(T) Galena Bay: east of a line from 60° 55.64' N. lat., 146° 38.16' W. long., to 60° 56.41' N. lat., 146° 36.22' W. long., and within 1,000 yards of the north shore between 60° 57.13' N. lat., 146° 38.83' W. long., and 60° 56.81' N. lat., 146° 36.55' W. long.;

(U) Jack Bay: south and east of a line from 61° 01.76' N. lat., 146° 34.52' W. long., to 61° 01.01' N. lat., 146° 34.34' W. long., and within 1,000 yards of the terminus of all other salmon streams of the bay;

(V) Mineral Creek Delta, Gold Creek, and Kadis Creek: north of a line from 61° 07.45' N. lat., 146° 23.75' W. long., to 61° 07.45' N. lat., 146° 29.80' W. long.;

(W) Head of Port Valdez: waters east of a line from a point west of the Valdez boat harbor at 61° 07.47' N. lat., 146° 22.67' W. long., to a point on the south shore at 61° 05.13' N. lat., 146° 17.82' W. long.;

(X) Allison Creek, Sawmill Creek, and the Alyeska Safety Zone: within 200 yards of the shore from Allison Point at 61° 05.16' N. lat., 146° 20.72' W. long., to a point west of Sawmill Creek at 61° 04.81' N. lat., 146° 27.32' W. long.;

(Y) Sawmill Bay, Valdez Arm: north of a line along 61° 03.14' N. lat., in the northern arm of the bay, and west of a line from 61° 03.14' N. lat., 146° 47.41' W. long., to 61° 02.74' N. lat., 146° 47.27' W. long., in the western arm of the bay;

(4) Northern District:

(A) Long Bay: north of a line from 60° 59.09' N. lat., 147° 14.52' W. long., to 60° 58.97' N. lat., 147° 13.17' W. long., north of a line from 60° 59.24' N. lat., 147° 16.35' W. long., to 60° 59.26' N. lat., 147° 16.59' W. long., north of a line from 60° 59.14' N. lat., 147° 16.93' W. long., to 60° 59.03' N. lat., 147° 17.32' W. long., and west of a line from 60° 58.46' N. lat., 147° 16.52' W. long., to 60° 57.52' N. lat., 147° 16.56' W. long.;

(B) Granite Bay: east of a line from 60° 55.35' N. lat., 147° 24.24' W. long., to 60° 55.26' N. lat., 147° 24.19' W. long.;

(D) Eaglek Bay: north of 60° 53.46' N. lat.;

(E) Wells Bay: east of a line from 61° 00.59' N. lat., 147° 25.59' W. long., to 61° 00.16' N. lat., 147° 25.48' W. long., and north of a line from 61° 00.17' N. lat., 147° 28.88' W. long., to 61° 00.11' N. lat., 147° 29.31' W. long.;

(F) Siwash Bay: west of a line from 60° 57.48' N. lat., 147° 39.73' W. long., to 60° 56.97' N. lat., 147° 39.52' W. long.;

(G) Jonah Bay: west of a line from 61° 00.82' N. lat., 147° 38.63' W. long., to 60° 59.56' N. lat., 147° 38.51' W. long.;

(H) Unakwik Inlet: within 1,000 yards of the terminus of all salmon streams north of 60° 51.97' N. lat.;

(I) Derickson Bay: west of a line from 60° 52.18' N. lat., 147° 48.43' W. long., to 60° 51.88' N. lat., 147° 48.48' W. long.;

(J) Schoppe Bay: east of 147° 39.55' W. long.;

(5) Unakwik District:

(A) Unakwik Inlet: within 1,000 yards of the terminus of all salmon streams south of 61° 04.97' N. lat.;

(B) Miners Bay: east of a line from 61° 03.80' N. lat., 147° 30.27' W. long., to 61° 04.32' N. lat., 147° 29.94' W. long.;

(6) Coghill District:

(A) Esther Passage: east of a line from 60° 51.49' N. lat., 147° 54.65' W. long. to 60° 52.36' N. lat., 147° 54.85' W. long.; and east of a line from 60° 54.20' N. lat., 147° 56.91' W. long., to 60° 53.83' N. lat., 147° 56.63' W. long.;

(B) Golden River: east of a line from 60° 57.76' N. lat., 148° 00.82' W. long., to 60° 58.76' N. lat., 147° 59.59' W. long.;

(C) Coghill River: north of a line from 61° 04.06' N. lat., 147° 57.01' W. long., to 61° 03.33' N. lat., 147° 55.62' W. long.;

(D) Barry Arm: north of a line from 61° 00.62' N. lat., 148° 05.61' W. long., to 61° 02.31' N. lat., 148° 07.00' W. long.;

(E) Harrison Lagoon: west of a line from 60° 59.37' N. lat., 148° 11.00' W. long., to 60° 58.14' N. lat., 148° 11.43' W. long.;

(F) Hobo Bay: north of a line from 60° 57.14' N. lat., 148° 13.13' W. long., to 60° 56.76' N. lat., 148° 14.02' W. long.;

(G) Bettles Bay: north and west of a line from 60° 56.42' N. lat., 148° 17.82' W. long., to 60° 56.76' N. lat., 148° 16.69' W. long.;

(H) Hummer Bay: north of a line from 60° 53.43' N. lat., 148° 17.42' W. long., to 60° 53.24' N. lat., 148° 18.31' W. long.;

(I) Pirate Cove: west of a line from 60° 52.54' N. lat., 148° 17.68' W. long., to 60° 52.07' N. lat., 148° 17.62' W. long.;

(J) Pigot Bay: west of a line from 60° 51.02' N. lat., 148° 20.97' W. long., to 60° 49.94' N. lat., 148° 21.92' W. long.

(7) Northwestern District:

(A) Logging Camp Bay: north of a line from 60° 49.36' N. lat., 148° 25.29' W. long., to 60° 49.79' N. lat., 148° 26.22' W. long.;

(B) Blackstone Bay: south of a line from 60° 45.95' N. lat., 148° 29.56' W. long., to 60° 45.81' N. lat., 148° 26.61' W. long.;

(C) Passage Canal (Shotgun Cove): south of a line from 60° 48.11' N. lat., 148° 33.08' W. long., to 60° 47.90' N. lat., 148° 32.09' W. long.;

(D) Cochrane Bay: southwest of a line from 60° 39.61' N. lat., 148° 25.41' W. long., to 60° 38.11' N. lat., 148° 24.57' W. long., west of a line from 60° 43.76' N. lat., 148° 22.52' W. long., to 60° 41.45' N. lat., 148° 23.09' W. long., east of a line from 60° 39.96' N. lat., 148° 21.67' W. long., to 60° 39.33' N. lat., 148° 22.27' W. long., and Surprise Cove west of a line from 60° 45.89' N. lat., 148° 22.02' W. long., to 60° 45.12' N. lat., 148° 22.31' W. long.;

(E) Long Bay (Culross Passage): west of a line from 60° 41.87' N. lat., 148° 15.74' W. long., to 60° 41.61' N. lat., 148° 15.52' W. long.;

(F) Port Nellie Juan (Mink Creek): northwest of a line from 60° 35.66' N. lat., 148° 13.82' W. long., to 60° 34.56' N. lat., 148° 16.47' W. long.; and north of a line from 60° 33.61' N. lat., 148° 17.79' W. long., to 60° 33.90' N. lat., 148° 17.34' W. long.;

(G) East Finger Inlet: north of 60° 32.51' N. lat.;

(H) West Finger Inlet: north of a line from 60° 34.16' N. lat., 148° 27.02' W. long., to 60° 34.11' N. lat., 148° 26.21' W. long.;

(I) Kings Bay: south of a line from 60° 28.27' N. lat., 148° 41.50' W. long., to 60° 27.81' N. lat., 148° 37.94' W. long.;

(J) Greystone Bay: south of a line from 60° 31.53' N. lat., 148° 26.16' W. long., to 60° 31.00' N. lat., 148° 25.58' W. long.;

(K) McClure Bay: south of a line from 60° 30.21' N. lat., 148° 10.95' W. long., to 60° 30.29' N. lat., 148° 09.61' W. long.;

(8) Eshamy District:

(A) Eshamy Bay and its tributary waters: waters within the Eshamy Lagoon and its tributaries and within 100 yards outside the narrows at the entrance of Eshamy Lagoon;

(B) Gumboot Creek: within 750 yards of the terminus of Gumboot Creek on the northern shore of Eshamy Bay;

(9) Southwestern District:

(A) Dangerous Passage: within 1,000 yards of all salmon streams in Dangerous Passage between 148° 08.87' W. long. and 148° 02.62' W. long.;

(B) Ewan Bay: west of 148° 08.35' W. long.;

(C) Paddy Bay: north of a line from 60° 23.97' N. lat., 148° 06.07' W. long. to 60° 23.91' N. lat., 148° 04.91' W. long.;

(D) Jackpot Bay: north and west of a line from 60° 20.74' N. lat., 148° 13.18' W. long. to 60° 20.52' N. lat., 148° 13.41' W. long.;

(E) Whale Bay: south of 60° 14.16' N. lat.;

(F) Port Bainbridge: north of a line from 60° 09.72' N. lat., 148° 19.96' W. long. to 60° 09.68' N. lat., 148° 20.56' W. long.;

(G) Hogg Bay: north of a line from 60° 05.10' N. lat., 148° 12.05' W. long., to 60° 04.94' N. lat., 148° 11.75' W. long., and east of a line from 60° 04.32' N. lat., 148° 11.47' W. long., to 60° 04.01' N. lat., 148° 11.62' W. long.;

(H) Bainbridge Island: within the bay south of a line from 60° 07.58' N. lat., 148° 06.83' W. long., to 60° 07.80' N. lat., 148° 06.31' W. long.;

(I) Ikuta Bay: south of a line from 60° 06.58' N. lat., 148° 00.80' W. long., to 60° 06.60' N. lat., 148° 00.12' W. long.;

(J) Mummy Bay: north of a line from 60° 13.75' N. lat., 147° 49.12' W. long., to 60° 13.31' N. lat., 147° 48.57' W. long.;

(K) Thumb Bay: south and east of a line from 60° 12.83' N. lat., 147° 48.82' W. long., to 60° 12.61' N. lat., 147° 49.52' W. long.;

(L) Hogan Bay: north of 60° 12.00' N. lat.;

(M) Snug Harbor: west of 147° 45.55' W. long.;

(10) Montague District:

(A) Zaikof Bay: south of 60° 16.86' N. lat., and within 1,000 yards of the southeastern shore of the bay from a point at 60° 17.94' N. lat., 147° 00.15' W. long. to a line at 60° 16.86' N. lat.;

(B) Rocky Bay: west of a line from a point at 60° 21.30' N. lat., 147° 06.66' W. long. to a point at 60° 20.54' N. lat., 147° 05.61' W. long.;

(C) Stockdale Harbor: east of a line from a point at 60° 19.56' N. lat., 147° 12.02' W. long. to a point at 60° 18.26' N. lat., 147° 11.72' W. long.;

(D) Port Chalmers: within a line from a point at 60° 16.97' N. lat., 147° 12.62' W. long. to a point at 60° 16.06' N. lat., 147° 12.63' W. long., from a point at 60° 15.37' N. lat., 147° 12.31' W. long. to a point at 60° 14.16' N. lat., 147° 14.42' W. long., and from a point at 60° 13.86' N. lat., 147° 14.77' W. long. to a point at 60° 13.56' N. lat., 147° 16.82' W. long.;

(E) Hanning Bay: east of a line from a point at 59° 58.93' N. lat., 147° 41.46' W. long. to a point at 59° 57.15' N. lat., 147° 42.99' W. long.;

(F) MacLeod Harbor: east of a line from a point at 59° 53.26' N. lat., 147° 46.12' W. long. to a point at 59° 52.46' N. lat., 147° 46.52' W. long.;

(G) Montague Strait: within 500 yards of the northwestern shore of Montague Island from 60° 04.61' N. lat., 147° 28.82' W. long. to 60° 03.13' N. lat., 147° 33.17' W. long., and from 60° 02.10' N. lat., 147° 34.28' W. long. to 59° 59.94' N. lat., 147° 40.57' W. long.;

(H) Green Island: west of a line from 60° 18.19' N. lat., 147° 23.51' W. long., to 60° 18.19' N. lat., 147° 21.02' W. long., and east of a line from 60° 16.37' N. lat., 147° 26.51' W. long., to 60° 16.99' N. lat., 147° 26.07' W. long.;

(11) Southeastern District:

(A) Port Etches: east of a line from 60° 21.09' N. lat., 146° 33.94' W. long., to 60° 20.06' N. lat., 146° 32.72' W. long., and south of a line from 60° 19.71' N. lat., 146° 34.11' W. long., to 60° 19.01' N. lat., 146° 35.62' W. long.;

(B) Constantine Harbor: within the harbor from 60° 21.25' N. lat., 146° 36.29' W. long., to 60° 21.04' N. lat., 146° 37.10' W. long.;

(C) Deer Cove (Hinchinbrook Island): east of a line from 60° 23.35' N. lat., 146° 43.58' W. long., to 60° 23.81' N. lat., 146° 42.73' W. long.;

(D) Juania Cove (Hinchinbrook Island): east of a line from 60° 24.07' N. lat., 146° 42.73' W. long., to 60° 24.70' N. lat., 146° 42.30' W. long.;

(E) Shelter Bay (Hinchinbrook Island): east of a line from 60° 26.31' N. lat., 146° 40.12' W. long., to 60° 25.66' N. lat., 146° 40.02' W. long.;

(F) Anderson Bay: south of a line from 60° 28.24' N. lat., 146° 30.78' W. long., to 60° 28.42' N. lat., 146° 31.20' W. long.;

(G) Double Bay: south of a line from 60° 28.03' N. lat., 146° 29.11' W. long., to 60° 28.26' N. lat., 146° 28.55' W. long., and south of a line from 60° 28.25' N. lat., 146° 27.71' W. long., to 60° 28.02' N. lat., 146° 26.61' W. long.;

(H) Hawkins Cutoff - Orca Inlet Area: south of a line from 60° 27.86' N. lat., 146° 19.72' W. long., to 60° 27.65' N. lat., 146° 21.39' W. long., and Orca Inlet and Nelson Bay south and east of a line from Salmo Point to Shepard Point, and all of Orca Inlet southeast of Hawkins Island;

(I) Canoe Passage: south of a line from 60° 31.18' N. lat., 146° 07.43' W. long., to 60° 31.13' N. lat., 146° 07.07' W. long.;

(J) Windy Bay: south of a line from 60° 33.89' N. lat., 145° 57.69' W. long., to 60° 33.71' N. lat., 145° 58.64' W. long.;

(12) in other streams or rivers: within 500 yards of the terminus of the stream or river or as posted as specified in 5 AAC 39.290.

History

Authority: AS 16.05.251

5 AAC 24.355 Salmon processor and buyer reporting requirements {#sec-5-aac-24.355 omnilex-key=us-ak-regs-official--title-5--5 AAC 24.355}

The operator of a floating salmon processing vessel, a tender, or a shorebased processing operation, employing aircraft used for the transport of fish, shall report in person, or by radio or telephone, to a local representative of the department located in the management area of intended operation before the start of processing or buying operations. The report must include the location and the date of intended operations, and must identify and describe each vessel or other method of transport employed in hauling or processing salmon.

History

Authority: AS 16.05.251
Eff. 3/29/87, Register 101

5 AAC 24.356 Reporting requirements {#sec-5-aac-24.356 omnilex-key=us-ak-regs-official--title-5--5 AAC 24.356}

Repealed.

History

Eff. 5/22/94, Register 130; am 2/16/2006, Register 177; repealed 4/24/2009, Register 190

5 AAC 24.360 Copper River District Salmon Management Plan {#sec-5-aac-24.360 omnilex-key=us-ak-regs-official--title-5--5 AAC 24.360}

(a) The department shall manage the Copper River District commercial salmon fishery to achieve a sustainable escapement goal of 360,000 - 750,000 sockeye salmon into the Copper River.

(b) The department shall manage the Copper River District commercial salmon fishery to achieve an inriver goal of salmon, as measured at the sonar counter near Miles Lake, based on the total of the following categories:

Spawning escapementlower end of sockeye salmon sustainable

escapement goal

17,500 other salmonGlennallen Subdistrict subsistence fishery61,000 - 82,500 salmonChitina Subdistrict personal use fishery100,000 - 150,000 salmonSport fishery15,000 salmonHatchery brood (sockeye salmon)estimated annuallyHatchery surplus (sockeye salmon)estimated annually TOTALannounced annually

(d) Repealed 3/30/2000.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 24.361 Copper River King Salmon Management Plan {#sec-5-aac-24.361 omnilex-key=us-ak-regs-official--title-5--5 AAC 24.361}

(a) The department shall manage the Copper River commercial, sport, personal use, and subsistence fisheries to achieve a sustainable escapement goal of 21,000 - 31,000 for king salmon. For the purposes of managing these fisheries, the department shall consider the best available information regarding harvest, age composition, and escapement, including escapement information obtained from mark-recapture studies, aerial surveys, or by other means.

(b) In the commercial fishery, during the statistical weeks 20 and 21, the commissioner may not open more than one 12-hour fishing period within the inside closure area of the Copper River District described in 5 AAC 24.350(1)(B).

(1) in the upper Copper River drainage, the annual limit for king salmon 20 inches or greater in length is four fish;

(2) if the commissioner determines additional conservation measures are necessary to achieve the escapement goals, the commissioner may, by emergency order, use the following management measures in the following priority order:

(A) reduce the annual limit for king salmon;

(B) modify other methods and means not specified in this paragraph;

(D) close specific waters to sport fishing for king salmon.

(d) In the Chitina Subdistrict personal use dipnet salmon fishery,

(1) the annual limit for king salmon is one fish; king salmon may not be taken before June 30;

(2) if the commissioner determines that additional conservation measures are necessary to achieve the escapement goals, the commissioner may, by emergency order, close the Chitina Subdistrict personal use dipnet salmon fishery season and immediately reopen a season during which the retention of king salmon is prohibited.

(e) In the Glennallen Subdistrict subsistence salmon fishery, if the commissioner determines that additional conservation measures are necessary to achieve the escapement goals, the commissioner may, by emergency order, close the Glennallen Subdistrict subsistence salmon fishery season and immediately reopen a season during which any one or a combination of the following restrictions may be implemented to reduce king salmon harvest in the Glennallen Subdistrict subsistence salmon fishery, in the following priority order:

(1) a bag limit is established for king salmon taken by fish wheel;

(2) the bag limit for king salmon taken by fish wheel and dip net is reduced;

(3) the retention of king salmon taken by fish wheel and dip net is prohibited;

(4) modify methods and means for fish wheels and dip nets.

History

Authority: AS 16.05.060; AS 16.05.251; AS 16.05.258
Eff. 5/24/97, Register 142; am 3/30/2000, Register 153; am 5/14/2000, Register 154; am 5/11/2003, Register 166; am 3/30/2006, Register 177; am 3/24/2012, Register 201; am 3/29/2015, Register 213; am 3/27/2022, Register 241; am 6/7/2025, Register 254

5 AAC 24.363 Cannery Creek Salmon Hatchery Management Plan {#sec-5-aac-24.363 omnilex-key=us-ak-regs-official--title-5--5 AAC 24.363}

(a) The department, in consultation with the hatchery operator, shall manage the Cannery Creek Subdistrict to achieve the Prince William Sound Aquaculture Corporation's escapement goal for the Cannery Creek Salmon Hatchery.

(b) Notwithstanding 5 AAC 24.320 and 5 AAC 24.330, and except as otherwise provided by emergency order, a corporation holding a permit under AS 16.10.400 for the Cannery Creek Salmon Hatchery, and an agent, contractor, or employee of that corporation who is authorized under 5 AAC 40.005(g), may harvest salmon within the Cannery Creek Hatchery Special Harvest Area from 6:00 a.m. July 7 through 6:00 p.m. September 15, using purse seines, hand purse seines, and beach seines.

(1) Cannery Creek Terminal Harvest Area: the waters of Unakwik Inlet in the Northern District north and east of a line from 61° 00.97' N. lat., 147° 33.12' W. long. southward to a point on the shore at 60° 59.79' N. lat., 147° 32.40' W. long., excluding the Cannery Creek Hatchery Special Harvest Area;

(2) Cannery Creek Special Harvest Area: the waters of Unakwik Inlet in the Northern District north and east of a line from 61° 00.97' N. lat., 147° 32.62' W. long. southward to a point on the shore at 60° 59.96' N. lat., 147° 31.48' W. long.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 5/11/2003, Register 166

5 AAC 24.365 Armin F. Koernig Salmon Hatchery Management Plan {#sec-5-aac-24.365 omnilex-key=us-ak-regs-official--title-5--5 AAC 24.365}

(a) The department, in consultation with the hatchery operator, shall manage the Point Elrington and Port San Juan Subdistricts to achieve the Prince William Sound Aquaculture Corporation's escapement goal for the Armin F. Koernig salmon hatchery.

(b) The Armin F. Koernig Hatchery Terminal Harvest Area consists of the waters of Sawmill Bay (Evans Island) north and west of a line from 60° 03.66' N. lat., 147° 59.11' W. long. to 60° 02.77' N. lat., 148° 01.00' W. long. to 60° 02.76' N. lat., 148° 01.66' W. long., excluding the Armin F. Koernig Hatchery Special Harvest Area.

(c) The Armin F. Koernig Hatchery Special Harvest Area consists of the waters of Sawmill Bay (Evans Island) west of 148° 01.95' W. long.

(d) Notwithstanding 5 AAC 24.320 and 5 AAC 24.330, and except as otherwise provided by emergency order issued under AS 16.05.060, a person holding a permit under AS 16.10.400 for the Armin F. Koernig Hatchery, and an agent, contractor, or employee of that person who is authorized under 5 AAC 40.005(g), may harvest salmon within the Armin F. Koernig Hatchery Special Harvest Area from 6:00 a.m. July 7 through 6:00 p.m. September 15 using purse seines, hand purse seines and beach seines.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 5/31/85, Register 94; am 5/22/94, Register 130; am 5/24/97, Register 142; am 3/24/2012, Register 201

5 AAC 24.366 Solomon Gulch Salmon Hatchery Management Plan {#sec-5-aac-24.366 omnilex-key=us-ak-regs-official--title-5--5 AAC 24.366}

(a) The department, in consultation with the hatchery operator, shall manage the Valdez Narrows Subdistrict to achieve the corporation's pink salmon escapement goal for the Solomon Gulch salmon hatchery. The department may manage those waters of Valdez Arm south to the latitude of Rocky Point to assist in the achievement of the corporation's pink salmon escapement goal for the hatchery.

(b) The Solomon Gulch Hatchery Terminal Harvest Area consists of the waters of Port Valdez east of 146° 30.62' W. long., except for the closed waters described in 5 AAC 24.350(3)(V) - (X).

(c) Before July 5 of each year, the Solomon Gulch Hatchery Special Harvest Area consists of the waters of Port Valdez east of 146° 30.62' W. long. Beginning July 5, of each year, the Solomon Gulch Hatchery Special Harvest Area consists of the waters within a 1,000 yard radius of the terminus of Solomon Gulch Creek.

(d) Notwithstanding 5 AAC 24.320 and 5 AAC 24.330, and except as otherwise provided by emergency order, a corporation holding a permit under AS 16.10.400 for the Solomon Gulch Salmon Hatchery, and an agent, contractor, or employee of that corporation who is authorized under 5 AAC 40.005(g), may harvest salmon within the Solomon Gulch Hatchery Special Harvest Area from 6:00 a.m. June 15 through 6:00 p.m. September 15, using gear described in 5 AAC 39.105(d), except gillnets.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 3/29/87, Register 101; am 4/9/89, Register 110; am 5/22/94, Register 130; am 5/24/97, Register 142; am 5/11/2003, Register 166; am 3/27/2022, Register 241

5 AAC 24.367 Main Bay Salmon Hatchery Harvest Management Plan {#sec-5-aac-24.367 omnilex-key=us-ak-regs-official--title-5--5 AAC 24.367}

(a) The purpose of the Main Bay salmon hatchery harvest management plan in this section is to provide an equitable distribution of harvest opportunity and to reduce conflicts between users in the vicinity of the Main Bay salmon hatchery. The department, in consultation with the hatchery operator, shall manage the Main Bay Subdistrict to achieve the Prince William Sound Aquaculture Corporation's escapement goal for the Main Bay Hatchery.

(b) In the Main Bay Subdistrict,

(1) no portion of a drift gillnet may be operated within 30 fathoms of a set gillnet, except in the zone outside of the offshore end of the set gillnet;

(2) no set gillnet buoy may be more than 20 feet seaward of the set gillnet to which it is attached;

(3) a set gillnet must be operated in substantially a straight line, except that no more than 25 fathoms of a set gillnet may be used as a hook, in any configuration;

(4) the inshore end of a set gillnet or set gillnet lead may not be operated in water deeper than two fathoms at low tide.

(c) In the Main Bay Subdistrict west of a line from 60° 32.26' N. lat., 148° 04.85' W. long. to 60° 31.88' N. lat., 148° 04.03' W. long. (Main Bay Terminal Harvest Area),

(1) no set gillnet may exceed 50 fathoms in length;

(2) a set gillnet may be operated only from the mainland shore;

(3) repealed 5/22/94;

(4) no part of a set gillnet may be operated within 50 fathoms of any part of another set gillnet;

(5) in order to protect the Main Bay Hatchery barrier seine, no part of a set gillnet or drift gillnet may be operated within the Alternating Gear Zone described in (d) of this section unless that zone is open to the use of that gear under (d)(1) of this section.

(d) In the Main Bay Subdistrict south of a line from 60° 31.34' N. lat., 148° 05.49' W. long. to 60° 31.44' N. lat., 148° 05.71' W. long. (Main Bay Alternating Gear Zone),

(1) set gillnet gear and drift gillnet gear may be operated only during alternating periods established by emergency order throughout the season; the department shall alternate the gear type that is allowed to operate at the start of each opening;

(2) the operator of a set gillnet shall remove all nets, anchors, and associated equipment from the waters of this zone at the end of the fishing day for that gear type;

(3) notwithstanding 5 AAC 24.335, set gillnet gear may be operated without regard to the proximity of any part of another set gillnet.

(e) The Main Bay Hatchery Special Harvest Area consists of the waters of Main Bay west of a line from 60° 31.61' N. lat., 148° 05.02' W. long. to 60° 31.85' N. lat., 148° 05.42' W. long.

(f) Notwithstanding 5 AAC 24.320 and 5 AAC 24.330, and except as otherwise provided by emergency order, a corporation holding a permit under AS 16.10.400 for the Main Bay Salmon Hatchery, and an agent, contractor, or employee of that corporation who is authorized under 5 AAC 40.005(g), may harvest salmon within the Main Bay Hatchery Special Harvest Area from 6:00 a.m. June 1 through 6:00 p.m. August 15, using purse seines, hand purse seines, and beach seines.

(g) The provisions of 5 AAC 39.290(a) and 5 AAC 24.350(12) apply to salmon streams in the Main Bay Subdistrict only during the period from July 8 through December 31 of each year.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 4/9/89, Register 110; am 4/30/91, Register 118; am 5/22/94, Register 130; am 5/24/97, Register 142; am 5/11/2003, Register 166; am 3/30/2006, Register 177; am 4/24/2009, Register 190; am 3/24/2012, Register 201; am 3/27/2022, Register 241

5 AAC 24.368 Wally Noerenberg (Esther Island) Hatchery Management Plan {#sec-5-aac-24.368 omnilex-key=us-ak-regs-official--title-5--5 AAC 24.368}

(a) The department, in consultation with the hatchery operator, shall manage the Esther Subdistrict, the Perry Island Subdistrict, and the Granite Bay Subdistrict to achieve the corporation's escapement goal for the Wally Noerenberg (Esther Island) salmon hatchery. The Granite Bay Subdistrict will be closed only if the Esther and the Perry Island Subdistricts are not achieving adequate hatchery escapement.

(b) Deleted 4/19/91.

(c) The Wally Noerenberg Hatchery Terminal Harvest Area consists of the waters of Lake Bay and Quillian Bay inside of a line from Hodgkin Point at 60° 46.93' N. lat., 148° 02.10' W. long. to Esther Light at 60° 47.14' N. lat., 148° 06.02' W. long., excluding the waters of the Wally Noerenberg Special Harvest Area.

(d) The Wally Noerenberg Hatchery Special Harvest Area consists of the waters of Lake Bay north of 60° 47.56' N. lat.

(e) Notwithstanding 5 AAC 24.320 and 5 AAC 24.330, and except as otherwise provided by emergency order, a corporation holding a permit under AS 16.10.400 for the Wally Noerenberg Hatchery, and an agent, contractor, or employee of that corporation who is authorized under 5 AAC 40.005(g), may harvest salmon within the Wally Noerenberg Special Harvest Area from 6:00 a.m. May 25 through 6:00 p.m. September 15, using purse seines, hand purse seines, and beach seines.

(f) The commissioner may open, by emergency order, a season and establish fishing periods during which seine gear may be used in the Esther Subdistrict for the purpose of preventing deterioration of fish quality of the harvestable surplus of chum salmon that is not being adequately harvested by the drift gillnet fleet.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 4/9/89, Register 110; am 4/30/91, Register 118; am 5/22/94, Register 130; am 5/24/97, Register 142; am 5/11/2003, Register 166; am 3/24/2012, Register 201; am 2/22/2015, Register 213; am 3/29/2015, Register 213

5 AAC 24.370 Prince William Sound Management and Salmon Enhancement Allocation Plan {#sec-5-aac-24.370 omnilex-key=us-ak-regs-official--title-5--5 AAC 24.370}

(a) The purpose of the management and allocation plan contained in this section is to provide a fair and reasonable allocation of the harvest of enhanced salmon among the drift gillnet, seine, and set gillnet commercial fisheries, and to reduce conflicts between these user groups. It is the intent of the Board of Fisheries (board) to allocate enhanced salmon stocks in the Prince William Sound Area to maintain the long-term historic balance between competing commercial users that has existed since statehood, while acknowledging developments in the fisheries that have occurred since this plan went into effect in 1991.

(b) For the purposes of determination of allocation percentages for the drift gillnet and purse seine fisheries, calculations shall be based on the exvessel value of the harvest of enhanced salmon stocks by the drift gillnet and purse seine fisheries without considering the set gillnet catch. The exvessel value allocation of enhanced salmon stocks for the set gillnet gear group is four percent of the total allocation. The remaining exvessel value allocation of the enhanced stocks is as follows:

(1) drift gillnet - 50 percent;

(2) purse seine - 50 percent.

(c) Each year the department shall determine the exvessel value of the enhanced salmon taken in the drift gillnet, purse seine, and set gillnet fisheries in the Prince William Sound Area during the previous year and compare the enhanced salmon stock harvest exvessel value of the drift gillnet and purse seine fisheries. The exvessel value will be calculated from the information given on the commercial operator annual report for all participating processors.

(d) The department will not make inseason adjustments or changes in management to achieve the allocation percentages established in (b) of this section.

(e) The department shall manage the Prince William Sound commercial salmon fisheries as follows:

(1) the Eastern, Northern (except Perry Island Subdistrict), Southeastern, Northwestern, and Montague Districts purse seine fishery shall be managed with fishing seasons opened and closed by emergency order based on the strength of wild and enhanced salmon stocks;

(2) Southwestern District:

(A) the district is closed to salmon fishing before July 18, except within the Armin F. Koernig Hatchery Special Harvest Area and Terminal Harvest Area which may be opened for the harvest of enhanced salmon stocks returning to the Armin F. Koernig salmon hatchery and where, to the extent practical, the department shall manage to reduce the harvest of stocks bound for other districts;

(B) on or after July 18, based on the strength of pink salmon stocks, purse seine fishing periods may be opened by emergency order;

(3) Perry Island Subdistrict:

(A) the district is closed to salmon fishing before July 21;

(B) on or after July 21, based on the strength of pink salmon stocks, purse seine fishing periods may be opened by emergency order;

(4) the Eshamy District gillnet fisheries shall be managed with fishing periods opened and closed by emergency order based on the surplus of wild and enhanced salmon stocks returning to the district;

(5) Coghill District:

(A) except as otherwise provided in this section, drift gillnet gear may be operated throughout the district during periods established by emergency order;

(B) beginning July 21, when the harvestable surplus is predominately pink salmon, purse seine gear may be operated in the district during periods established by emergency order;

(C) during a year when the purse seine fleet is allowed to harvest enhanced salmon in the Esther Subdistrict before July 21 under (h)(2) of this section, from June 1 through July 20,

(i) the Granite Bay Subdistrict will be closed;

(ii) if the commissioner determines that an emergency opening is necessary in the Granite Bay Subdistrict to prevent fish quality deterioration of enhanced salmon stocks returning to the Wally Noerenberg Hatchery, purse seine and drift gillnet gear groups will be allowed to harvest the surplus salmon in an area within the Granite Bay Subdistrict as specified by emergency order.

(f) If the set gillnet gear group catches five percent or more of the previous five-year average exvessel value of the total common property fishery for enhanced salmon as calculated by the department under (c) of this section, the year following this calculation beginning on July 10, the commissioner shall, by emergency order, open set gillnet fishing periods totaling no more than 36 hours per week.

(g) If the drift gillnet or purse seine gear group harvest value comparison of enhanced salmon is 47 percent or less of the previous five-year average exvessel value comparison of the common property enhanced salmon stocks harvested, as calculated by the department under (c) of this section, then in the year following this calculation the department will consult with the hatchery operator to address making proportional adjustments in cost recovery during the applicable year to correct the exvessel value allocation percentages to the drift gillnet and purse seine gear groups.

(h) If the drift gillnet or purse seine gear group harvest value of enhanced salmon is 45 percent or less of the previous five-year average exvessel value comparison of the common property enhanced salmon stocks harvested, as calculated by the department under (c) of this section, then in the year following this calculation the fishery shall be managed as follows:

(1) if the drift gillnet gear group harvest value is 45 percent or less, then in the year following the current calculations, the drift gillnet gear group shall have exclusive access to the Port Chalmers Subdistrict to harvest enhanced salmon returns from June 1 through July 30, during fishing periods established by emergency order; and

(2) if the purse seine gear group harvest value is 45 percent or less, then in the year following the current calculations, the purse seine gear group shall have exclusive access to the Esther Subdistrict to harvest enhanced salmon returns from June 1 through July 20, during fishing periods established by emergency order.

(i) It is the intent of the board that the provisions of this section do not restrict the commissioner's authority to take emergency order action if necessary for the management of wild stocks even if it affects the allocation percentages established in this section.

(j) In this section, "enhanced salmon stocks" means salmon produced by the Prince William Sound Aquaculture Corporation.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 4/30/91, Register 118; am 5/24/97, Register 142; am 5/11/2003, Register 166; am 5/20/2004, Register 170; am 3/30/2006, Register 177; am 4/23/2006, Register 178; am 3/29/2018, Register 225

5 AAC 24.378 Use of aircraft unlawful {#sec-5-aac-24.378 omnilex-key=us-ak-regs-official--title-5--5 AAC 24.378}

During open commercial salmon fishing periods no person may use an aircraft to locate salmon for the commercial taking of those fish or to direct commercial fishing operations.

History

Authority: AS 16.05.251
Eff. 4/30/91, Register 118

Article 5 Smelt Fishery

5 AAC 24.510 Fishing season {#sec-5-aac-24.510 omnilex-key=us-ak-regs-official--title-5--5 AAC 24.510}

Repealed.

5 AAC 24.520 Prince William Sound Eulachon Smelt Management Plan {#sec-5-aac-24.520 omnilex-key=us-ak-regs-official--title-5--5 AAC 24.520}

(a) Eulachon smelt (thaleichthys pacificus) may be taken only in the fresh waters of the Copper River drainage below Miles Lake and only under the conditions of a permit issued by the commissioner or the commissioner's designee.

(b) The permit required in (a) of this section shall include reporting requirements and any other conditions determined necessary by the commissioner for conservation and management purposes.

(d) Eulachon smelt may be taken only with dip nets.

(e) No more than 300 tons of eulachon smelt may be taken annually.

History

Authority: AS 16.05.251
Eff. 7/21/99, Register 151

Article 7 (Repealed)

Article 8 Freshwater Fishery

5 AAC 24.850 Closed waters {#sec-5-aac-24.850 omnilex-key=us-ak-regs-official--title-5--5 AAC 24.850}

Crosswind Lake is closed to commercial fishing for whitefish, char and allied species.

History

Authority: AS 16.05.251

Article 9 (Repealed)

5 AAC 27.001 Application of this chapter {#sec-5-aac-27.001 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.001}

Unless otherwise specified, the requirements set out in this chapter apply only to commercial herring fishing. Subsistence, personal use, and sport fishing regulations that affect commercial herring fishing vessels or activity are set out in the subsistence fishing regulations in 5 AAC 01 and 5 AAC 02, personal use fishing regulations in 5 AAC 77, and sport fishing regulations in 5 AAC 47 - 5 AAC 75.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 27.005 Registration areas established {#sec-5-aac-27.005 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.005}

Herring fishery registration areas and code letters are:

Code

Letter A - Southeastern Alaska Area (5 AAC 27.100)D - Yakutat Area (5 AAC 27.200)E - Prince William Sound Area (5 AAC 27.300)H - Cook Inlet Area (5 AAC 27.400)K - Kodiak Area (5 AAC 27.500)L - Chignik Area (5 AAC 27.550)M - Alaska Peninsula-Aleutian Islands Area (5 AAC 27.600)T - Bristol Bay Area (5 AAC 27.800)W - Kuskokwim Area (5 AAC 27.870)Q - Bering Sea-Kotzebue Area (5 AAC 27.900) (In effect before

1985; am 5/11/85, Register 94; am 4/2/88, Register 105; am

5/31/98, Register 146)

History

Authority: AS 16.05.251

Article 2 General Specifications

5 AAC 27.010 Application of regulations {#sec-5-aac-27.010 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.010}

(a) Unless otherwise specified in this chapter, the regulations in this chapter that apply to a herring registration area also apply to the waters of the exclusive economic zone that are adjacent to the herring registration area.

(b) The commissioner may suspend the application of the regulations in this chapter that apply to a herring registration area to all or a portion of the waters of the exclusive economic zone that are adjacent to a herring registration area if the commissioner finds that

(1) application of the regulation fails to facilitate enforcement of regulations that apply to the registration area;

(2) application of the regulation fails to protect or conserve herring inhabiting territorial waters of Alaska; or

(3) the state has an insufficient interest in the herring that inhabit the waters of the adjacent exclusive economic zone to warrant extending the state's jurisdiction to those waters.

(c) For the purposes of this section, "exclusive economic zone" means all the waters adjacent to a herring registration area and seaward to a boundary line drawn in such a manner that each point on the line is 200 nautical miles from the baseline from which the territorial sea is measured.

History

Authority: AS 16.05.251; AS 16.10.190

5 AAC 27.020 Registration {#sec-5-aac-27.020 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.020}

Repealed 4/14/82.

5 AAC 27.030 Landing requirements {#sec-5-aac-27.030 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.030}

(a) Except as specified in (b) of this section, a herring fishing vessel must land all herring within the registration area in which the herring were taken.

(b) The vessel owner, or the owner's agent, of a herring fishing vessel that desires to land herring in a registration area other than the one from which the herring were taken shall contact in person, or by radio or telephone, a local representative of the department for authorization before leaving the registration area in which the herring were taken and shall submit to a vessel inspection at a location specified by the representative. A vessel landing herring under an authorization granted under this subsection may not, at the time of landing its catch, have more herring on board than were present at the time of the inspection. The vessel owner, or the owner's agent, making radio or telephone contact shall state to the representative the amount of herring on board at the time of contact. A vessel authorized to land herring in another registration area may not land in the other registration area an amount of herring that, by weight, exceeds by 10 percent, whether more or less, the amount stated at the time of the contact with the department's local representative.

(c) The commissioner may suspend and reinstate any requirement of (b) of this section for a particular registration area if the commissioner finds that to do so would be in the public interest.

History

Authority: AS 16.05.020; AS 16.05.251

5 AAC 27.035 Closure of registration areas {#sec-5-aac-27.035 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.035}

(a) The commissioner shall monitor the condition of herring stocks in all registration areas by using the data and information that are practically available.

(b) When the commissioner finds that continued herring fishing would jeopardize the health of herring stock within a registration area, the commissioner, by emergency order, shall close the registration area.

(c) In determining whether to close a registration area, the commissioner shall consider all appropriate factors to the extent there is information available on such factors. Factors which may be considered include

(1) the effect of overall fishing effort within the registration area;

(2) catch per unit of effort and rate of harvest;

(3) relative abundance of herring within the area in comparison with preseason expectations of the department;

(4) guideline harvest levels which may be adopted by regulation;

(5) the proportion of immature or spawned-out herring being handled or landed;

(6) general information on the condition of herring within the area;

(7) information pertaining to the maximum sustainable yield level of herring within the registration area;

(8) timeliness and accuracy of catch reporting by buyers within the registration area to the extent that such timeliness or accuracy may reasonably be expected to affect proper management; and

(9) adequacy of subsistence harvests within the registration area.

(d) The provisions of this section also apply to closures to fishing for herring of any portion of a registration area.

(e) When more than 24 hours has elapsed after the closure of a registration area, a person may not possess herring on board a commercial fishing vessel unless the person is in compliance with 5 AAC 27.030.

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 27.045 Discretionary openings {#sec-5-aac-27.045 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.045}

In any registration area or portion of a registration area, the commissioner may delay the opening beyond the earliest date specified in the regulations if the commissioner finds that the delay would effect the orderly conduct of the fishery or the conservation of the fishery resources.

History

Authority: AS 16.05.020; AS 16.05.060; AS 16.05.251

5 AAC 27.050 Lawful gear for herring {#sec-5-aac-27.050 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.050}

(a) During an open herring fishing season in a registration area, herring may only be taken by seines, gillnets, trawls, or pounds as specified in 5 AAC 27.100 - 5 AAC 27.990. In areas in which legal gear is not specified in 5 AAC 27.100 - 5 AAC 27.990 for use during an open herring fishing season, herring may be taken by legal types of gear specified in 5 AAC 39.105(d).

(b) No net or other obstruction may be placed across the entrance to any lagoon or bay that may prevent the free passage of herring.

(c) Unless otherwise specified in this chapter, the mesh size of a herring gillnet may not be less than two and one-eighth inches or more than two and one-half inches.

(d) Gillnets may be fished with the float line and floats below the surface of the water.

(e) A person may not use a gillnet to take herring at the same time that the person is using a purse seine, hand purse seine, or beach seine to take herring.

(f) A purse seine and a hand purse seine have stopped fishing when both ends of the seine, excluding skiff tow lines and straps, are attached to the fishing vessel. A beach seine has stopped fishing when both ends of the seine are on the beach above the water line or when all of the lead line is removed from the water.

History

Authority: AS 16.05.251

5 AAC 27.055 Permits for herring spawn {#sec-5-aac-27.055 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.055}

The taking of herring spawn for commercial purposes may be conducted only under the terms of a permit issued by the commissioner or the commissioner's designee, unless otherwise provided in 5 AAC 27.100 - 5 AAC 27.990.

History

Authority: AS 16.05.251

5 AAC 27.059 Management guidelines for commercial herring sac roe fisheries {#sec-5-aac-27.059 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.059}

(a) If the department has adequate information, and if department management programs are in place, the department may manage commercial herring sac roe fisheries, to enhance the value of the landed product as follows:

(1) fishing periods may be established by emergency order in areas and during times when sampling has demonstrated, or when other factors indicate, that the herring roe content of the catch is likely to be highest;

(2) fishing periods may be established by emergency order in areas and during times when sampling has demonstrated, or when other factors indicate, that the catch is composed of the maximum average size of herring available for the stock;

(3) in a preseason management plan, the department shall specify the particular herring fisheries that are to be managed to enhance the value of the landed product.

(b) The department may modify herring sac roe fishing periods and areas to minimize the harvest of recruit-sized herring during the conduct of a sac roe fishery that targets post-recruit herring.

History

Authority: AS 16.05.251
Eff. 5/2/92, Register 122

5 AAC 27.060 Bering Sea Herring Fishery Management Plan {#sec-5-aac-27.060 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.060}

(a) The department shall follow the directives of the Bering Sea Herring Management Plan, as well as the regulations that govern the individual herring fisheries, when managing the commercial herring fisheries that take place in the Bering Sea.

(b) Unless otherwise specified in this chapter, the department shall manage the fisheries so that the exploitation rate on eastern Bering Sea herring stocks does not exceed 20 percent of the biomass of those stocks.

(c) The following thresholds are minimum biomass levels for each herring fishing district. When the department estimates, in season, that the biomass in a district is below its threshold, the department may not allow a commercial harvest of herring in that district.

District Thresholds (s.t.) Port Moller . . . . . 1,000Togiak . . . . . 35,000Security Cove . . . . . 1,200Goodnews Bay . . . . . 1,200Cape Avinof . . . . . 500Nelson Island . . . . . 3,000Nunivak Island . . . . . 1,500Cape Romanzof . . . . . 1,500Norton Sound . . . . . 7,000

(d) The department shall manage the herring food and bait fishery that takes place in the Unimak, Akutan, and Unalaska Districts and that portion of the Umnak District east of Samalga Pass (Dutch Harbor fishery) so that it is allocated seven percent of the allowable Togiak District herring fishery harvest determined under the provisions of the Bristol Bay Herring Management Plan in 5 AAC 27.865.

(e) Repealed 4/7/90.

(f) Repealed 4/7/90.

(g) When the Togiak District is below its threshold, the Dutch Harbor fishery must be closed for that season.

(h) When any of the southwest Alaska herring stocks, from Security Cove to Port Clarence, is below its threshold identified in (c) of this section, the department shall close the Dutch Harbor food and bait herring fishery for that season. For the purpose of determining the need for this closure, the threshold level for the Nelson Island herring stock is 2,000 short tons. If the department determines it necessary to close the Dutch Harbor food and bait herring fishery under this subsection, the department shall not reallocate the herring harvest set for the Dutch Harbor food and bait herring fishery under 5 AAC 27.865(b)(4) to the Togiak District herring fishery.

History

Authority: AS 16.05.060; AS 16.05.251; AS 16.05.258
Eff. 4/2/88, Register 105; am 4/7/90, Register 114; am 4/2/92, Register 122; am 4/9/92, Register 122; am 6/15/95, Register 134; am 4/16/2016, Register 218

5 AAC 27.070 Registration and inspection documents {#sec-5-aac-27.070 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.070}

Repealed 4/14/82.

Article 3 Prohibitions

5 AAC 27.090 Unlawful possession of herring or herring gear {#sec-5-aac-27.090 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.090}

(a) A person may not possess unprocessed herring aboard a vessel licensed as a commercial fishing vessel within any registration area unless the season is open or unless the person is acting under the authorization of 5 AAC 27.030(b). This prohibition does not apply to herring possessed for subsistence or personal bait purposes under applicable regulations.

(b) A person may not possess herring or herring gear aboard a vessel licensed as a commercial fishing vessel within any registration area if the herring are taken in violation of, or the gear is prohibited by other regulations in this chapter governing the registration area, unless the vessel is acting under the authorization of 5 AAC 27.030(b).

(c) It is unlawful for any person to possess, purchase, sell, barter, or transport herring within the state or within waters subject to the jurisdiction of the state if that person knows or has reason to know that that herring was taken or possessed in contravention of the regulations of this chapter.

History

Authority: AS 16.05.251; AS 16.05.920

Article 4 Southeastern Alaska Area (Registration Area A)

5 AAC 27.100 Description of Southeastern Alaska Area {#sec-5-aac-27.100 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.100}

The Southeastern Alaska Area has as its southern boundary the International Boundary at Dixon Entrance, and as its northern boundary a line extending seaward from the western tip of Cape Fairweather at 58° 47.89' N. lat., 137° 56.68' W. long., to the intersection with the seaward limit of the three-nautical-mile territorial sea at 58° 45.96' N. lat., 138° 01.40' W. long.

History

Authority: AS 16.05.251

5 AAC 27.105 Description of Southeastern Alaska Area districts {#sec-5-aac-27.105 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.105}

Districts are as described in 5 AAC 33.200.

History

Authority: AS 16.05.251(a)

5 AAC 27.110 Fishing seasons for Southeastern Alaska Area {#sec-5-aac-27.110 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.110}

(a) Herring may be taken from October 1 through February 28 (winter food and bait fishery), only during periods established by emergency order, in the following Districts and Sections: 1 - 10, 11-B, 11-C, 12, 13-A, 13-B south of the latitude of Aspid Cape (56° 41.75' N. lat.), 14, 15-A, and 16, except for locations within those districts set out in (b) of this section.

(b) Herring may be taken in the sac roe fishery only during seasons established by emergency order in the following districts and sections:

(1) in the purse seine fishery, herring may be taken only in the following sections:

(A) repealed 7/13/2012;

(B) repealed 7/13/2012;

(D) Section 13-A, south of the latitude of Point Kakul (57° 21.75' N. lat.);

(E) Section 13-B, north of the latitude of Aspid Cape 56° 41.14' N. lat., except for Whale and Necker Bays;

(F) repealed 6/17/2018;

(2) in the set gillnet fishery, herring may be taken only in the following districts and sections:

(A) Section 1-E;

(B) Section 1-F,

(i) north of the latitude of South Vallenar Point;

(ii) that portion south and east of a line from Point Sykes to Twin Island Light to Form Point and north of a line from Form Point to Foggy Point;

(C) in District 10, only in that portion east of a line from Cape Fanshaw to Five Finger Light to McDonald Rock Buoy to Point League;

(D) Section 11-D.

(d) Herring may be taken for bait pound operations from October 1 through September 30, only during periods established by emergency order in the following districts and sections:

(1) Section 1-E;

(2) in District 6, only those waters of Scow Bay north of the latitude of Mountain Point and south of the latitude of Blunt Point;

(3) in Section 11-A, in the following areas:

(A) Tee Harbor, south of the latitude of Point Stephens;

(B) Indian Cove, inside a line from Indian Point to a point at 58° 22.58' N. lat., 134° 42.30' W. long.;

(4) in Section 13-A, only in those waters of Lisianski Inlet south of the latitude of Junction Island;

(5) in Section 13-B, north of the latitude of Dorothy Narrows (56° 49' N. lat.).

(e) Repealed 4/24/2003.

(f) Herring spawn on kelp in pounds may be taken only during periods established by emergency order. The commissioner may open or close, by emergency order, the herring spawn-on-kelp fishing period for open pound gear at the same time or at a different time than when the commissioner opens or closes the spawn-on-kelp fishing period for closed pound gear.

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 27.130 Lawful gear for Southeastern Alaska Area {#sec-5-aac-27.130 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.130}

(a) Herring may be taken during the open season by purse seines and gillnets.

(b) Herring pounds for fresh bait and tray pack operations may be used only under the terms of a permit issued by the commissioner.

(c) Herring pounds for the taking of spawn-on-kelp in pounds may be operated only under terms of a permit issued by the commissioner and as provided in 5 AAC 27.185.

(d) A herring pound for the herring spawn-on-kelp pound fishery may be a closed pound or an open pound and may be operated only as provided in 5 AAC 27.185.

(e) In the Southeastern Alaska Area,

(1) a closed pound consists of a single, floating, rectangular frame structure with suspended webbing that is used to enclose herring for a period of time in order to produce spawn on kelp suspended within the pound; a closed pound shall be operated as follows:

(A) webbing of a closed pound may not have a mesh size of more than one and one-half inches;

(B) the opening of a closed pound must be rectangular at the water surface and may not exceed 800 square feet in area;

(C) neither the sewn vertical wall nor the near-vertical wall may exceed the depth below the water surface when the pound contains herring as follows:

(i) with a surface square footage less than 400 feet, the depth of webbing may not exceed 30 feet;

(ii) with a surface square footage of at least 401 feet but not more than 500 feet, the depth of webbing may not exceed 24 feet;

(iii) with a surface square footage of at least 501 feet but not more than 600 feet, the depth of webbing may not exceed 20 feet;

(iv) with a surface square footage of at least 601 feet but not more than 700 feet, the depth of webbing may not exceed 17 feet;

(v) with a surface square footage of at least 701 feet but not more than 800 feet, the depth of webbing may not exceed 15 feet;

(D) webbing of a closed pound may not be part of the webbing of another pound structure;

(2) an open pound consists of a single, floating, rectangular frame structure with suspended kelp and no webbing or lead that is used for the production of spawn on kelp; the inside surface area may not exceed 2,400 square feet and no one side may be longer than 60 feet; for the purposes of this paragraph, "lead" means a length of net employed for guiding herring to the pound.

History

Authority: AS 16.05.251

5 AAC 27.131 Gillnet specifications and operations for Southeastern Alaska Area {#sec-5-aac-27.131 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.131}

(a) Except as provided in (i) of this section, a vessel fishing for herring may not have more than one herring gillnet on board or operated from any vessel taking herring. A herring gillnet may not be longer than 50 fathoms.

(b) Herring gillnets must be set with an anchor at each end.

(c) Each set gillnet in operation must be buoyed at both ends and each buoy shall be plainly and legibly marked with the permanent vessel plate number (ADF&G number) of the vessel fishing the gear.

(d) A herring gillnet may not be reset after the announced closing time. A herring gillnet may not remain in the water for more than one hour after the closing time. When the department projects that the guideline harvest level would be exceeded in an open period less than one hour in duration, the commissioner may, by emergency order, establish periods that may have an announced closing time, and a herring gillnet may not remain in the water after that closing time.

(e) A set gillnet may not exceed 120 meshes in depth.

(f) Repealed 7/13/2012.

(g) In addition to the requirements of (c) of this section, a gillnet used to take or attempt to take herring in a sac roe fishery must have one ADF&G identification tag placed on the marked buoys at both ends of the net. The identification tag must be placed on each marked buoy so that it is above the surface of the water. The identification tags will be issued only by ADF&G personnel located on the fishing grounds. Lost identification tags may be replaced upon submission of a sworn statement describing how the tags were lost and a listing of their numbers to the department. The identification tags are in effect for a single season and new tags must be obtained before each fishing season.

(h) In the Southeastern Alaska Area, "stretched measure" of herring net means the average length of any series of 10 consecutive meshes measured from inside the first knot and including the last knot when wet. The 10 meshes, when being measured, must be wet and be an integral part of the net, as hung. The 10 meshes shall be measured perpendicular to the selvages. Measurements shall be made by means of a metal tape measure while the 10 meshes being measured are suspended vertically from a single peg or nail, supporting a one-pound weight.

(i) Two Southeast Alaska set gillnet CFEC permit holders may concurrently fish from the same vessel and jointly operate up to 75 fathoms of set gillnet gear as follows:

(1) before operating set gillnet gear jointly both permit holders shall obtain buoy identification tags for dual operation provided by the department under (g) of this section;

(2) when two Southeast Alaska set gillnet CFEC permit holders fish from the same vessel and jointly operate a set gillnet, the vessel must display its ADF&G permanent license plate number followed by the letter "D" to identify the vessel as a dual vessel; the letter "D" must be removed or covered when the vessel is operating with only one set gillnet CFEC permit holder on board the vessel; the identification number and letters must be displayed

(A) in letters and numerals 12 inches high with lines at least one inch wide;

(B) in a color that contrasts with the background;

(D) in a manner that is plainly visible at all times when the vessel is being operated;

(3) when two CFEC permit holders jointly operate gear each permit holder

(A) must be on board the fishing vessel and present at the fishing site as required by 5 AAC 39.107(d) and (e);

(B) is responsible for ensuring that the entire unit of gear is operated in a lawful manner.

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 27.132 Seine specifications and operations for Southeastern Alaska Area {#sec-5-aac-27.132 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.132}

(a) A herring purse seine may not be more than 200 fathoms in length.

(b) A herring purse seine may not be more than 1,700 meshes in depth, except that for Section 12-A, the commissioner may, by emergency order, open a purse seine herring fishery during which a herring purse seine may not be more than 2,125 meshes in depth.

History

Authority: AS 16.05.251

5 AAC 27.150 Waters closed to herring fishing in Southeastern Alaska Area {#sec-5-aac-27.150 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.150}

Herring may not be taken in

(1) District 1, in the waters of Clover Pass, Tongass Narrows, Moser Bay, and Naha Bay that are south and east of a line from Indian Point located at 55° 36.85' N. lat., 131° 42.03' W. long., to the northeastern tip of Betton Island located at 55° 32.56' N. lat., 131° 47.66' W. long., to a point on the southwest tip of Betton Island located at 55° 30.22' N. lat., 131° 50.32' W. long., to Guard Island Light, to Vallenar Point located at 55° 25.58' N. lat., 131° 51.09' W. long.;

(2) District 2, in Kasaan Bay west of a line from Island Point to Grindall Point, including all waters of Skowl Arm, Polk Inlet, McKenzie Inlet, and Twelve Mile Arm;

(3) District 5;

(4) District 6,

(A) by herring purse seine in the waters of Wrangell Narrows between the latitude of Blunt Point and the longitude of Prowley Point Light;

(B) in the waters of District 6 west of the longitude of Point Colpoys;

(5) District 8, in Wrangell Harbor inside a line from the southwest point of the Alaska Wood Products, Inc. wharf to the light on Shekesti Point;

(6) District 12, in the waters of Favorite Bay; and

(7) District 13, in the waters enclosed by a line extending from a point on the Baranof Island shore at the O'Connell Bridge at 57° 02.87' N. lat., 135° 20.33' W. long., to the northernmost point of Aleutski Island at 57° 02.74' N. lat., 135° 20.46' W. long., to the westernmost point of Makhnati Island at 57° 02.40' N. lat., 135° 23.48' W. long., to Bieli Rocks at 57° 05.42' N. lat., 135° 29.98' W. long., to the northwestern point of Crow Island at 57° 06.96' N. lat., 135° 28.57' W. long., to the westernmost point of Big Gavanski Island at 57° 08.11' N. lat., 135° 26.13' W. long., to the northernmost point of Big Gavanski Island at 57° 08.49' N. lat., 135° 25.21' W. long., to the Baranof Island shore at Harbor Point at 57° 07.59' N. lat., 135° 23.37' W. long.

History

Authority: AS 16.05.251

5 AAC 27.160 Quotas and guideline harvest levels for Southeastern Alaska Area {#sec-5-aac-27.160 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.160}

(a) Repealed 12/29/84.

(b) The herring harvest quota for bait pound operations is as follows:

(1) Scow Bay: 100 tons;

(2) Section 13-B: 100 tons;

(3) Lisianski Inlet: 25 tons;

(4) Section 1-E: 10 percent of the guideline harvest level for the West Behm Canal stock;

(5) Sections 11-A, 15-B, and 15-C: 120 tons; if there are no active herring bait pound permits issued by April 1 of a year, the remainder of the 120-ton harvest quota will be allocated to the commercial sac roe purse seine fishery;

(6) District 7: 10 percent of the guideline harvest level for the Ernest Sound stock; the harvest quota for the winter food and bait fishery is 90 percent of that guideline harvest level; if there are no active herring bait pound permits issued by March 15 of a year, the unharvested remainder of that guideline harvest level will be allocated to the herring spawn-on-kelp fishery; after the spawn-on-kelp fishery in District 7 is closed, any remaining unharvested portion of that guideline harvest level will be allocated to the bait pound fishery;

(7) District 12: 10 percent of the guideline harvest level for the Tenakee Inlet stock; the harvest quota for the winter food and bait fishery is 90 percent of that guideline harvest level; if there are no active herring bait pound permits issued by March 15 of a year, the unharvested remainder of that guideline harvest level will be allocated to the herring spawn on kelp fishery; after the spawn-on-kelp fishery in District 12 is closed, any remaining unharvested portion of that guideline harvest level will be allocated to the bait pound fishery;

(8) Section 13-C: in the bait pound fishery, herring may be harvested only after the spawn-on-kelp fishery is closed and only if the guideline harvest level has not been taken;

(9) for districts and sections in the Southeastern Alaska Area not specified in this subsection: the department may open a bait pound fishery in a district or section that has a harvestable surplus as determined by annual department stock assessments; in a fishery opened under this paragraph, no more than 100 tons of herring may be harvested.

(d) Repealed 4/16/83.

(e) Repealed 4/16/83.

(f) The guideline harvest level for the District 10 set gillnet fishery described in 5 AAC 27.110(b)(2)(C) is the portion of the annual harvest amount established for the District 10 winter food and bait fishery under 5 AAC 27.190 that is not taken by that fishery.

(g) The guideline harvest level for the herring sac roe fishery in Sections 13-A and 13-B shall be established by the department, will be a harvest rate that is not less than 10 percent and not more than 15 percent, and within that range shall be determined by the following formula:

Harvest Rate = 0.000002 * Forecast + 0.048

The fishery will not be conducted if the spawning biomass is less than 26,000 tons.

(h) For purposes of this section, "active herring bait pound permit" means a permit that allows the holder of that permit to capture and retain herring in a herring bait pound.

History

Authority: AS 16.05.251

5 AAC 27.162 Buyer and tender reporting requirements for the sac roe herring fishery in Southeastern Alaska Area {#sec-5-aac-27.162 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.162}

(a) In addition to the requirements of 5 AAC 39.130(n), a tender operator, buyer, or buyer's agent shall report in person to and register with a local representative of the department upon arrival in the registration area before commencing operations and before changing location of the operation. The buyer or the buyer's agent shall

(1) identify all vessels to be employed in transporting or processing herring and shall register those vessels with a local representative of the department located in the registration area before transporting or processing herring;

(2) make daily reports of all herring purchased from fishermen and other processing records as specified by a local representative of the department; and

(3) submit fully completed fish tickets with accurate and final weight and roe percentages no later than 10 days after termination of buying operations in the area, or as otherwise specified by a local representative of the department.

(b) At the time herring are received from a CFEC permit holder in the Southeastern Alaska Area a buyer of herring, a fisherman selling to a buyer not licensed to process fish (catcher-seller), and a person or company that catches and processes that person's or company's own catch or has that catch processed by another person or company, shall, in addition to the requirements of 5 AAC 39.130(c), at the request of the CFEC permit holder record on a herring fish ticket, the following information:

(1) the on-the-fishing grounds weight of herring measured by the most efficient method possible, such as dump boxes, scales or totes, with weight in tons or pounds; and

(2) estimated roe percentage of the herring as determined by a regular sampling of the catch.

(c) A copy of the fish ticket required under (b) of this section must be provided at the time of delivery to the CFEC permit holder from the person, buyer, company, firm, or other organization that is the first purchaser of herring that is taken in the Southeastern Alaska Area. A separate fish ticket must be issued by the purchaser for each delivery. If the CFEC permit holder does not accompany the herring while it is transported to the point of delivery, a copy of the fish ticket must accompany each delivery to that point.

(d) For the purposes of this section,

(1) "delivery" means the transfer of herring from a fishing vessel operated by the CFEC permit holder or its net to another vessel or to a licensed processing facility;

(2) "landing" means the transfer of herring from a fishing vessel operated by the CFEC permit holder to a licensed processing facility, or the transfer of herring from a vessel used to transport herring, to a licensed processing facility.

History

Authority: AS 16.05.251
Eff. 4/16/2000, Register 154; am 4/24/2003, Register 166; am 8/27/2016, Register 219

5 AAC 27.170 Harvest of bait by commercial permit holders in Southeastern Alaska Area {#sec-5-aac-27.170 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.170}

The holder of a valid CFEC interim use or limited entry permit may take but may not sell herring for use as bait in the commercial fishery for which the permit is held as follows:

(1) herring may be taken at any time;

(2) herring may be taken by any gear specified in 5 AAC 39.105;

(3) in the 72 hours before and 72 hours after an open commercial herring sac roe fishing period in the Southeastern Alaska Area, a vessel, crewmember, or permit holder that participates in that commercial herring sac roe fishing period may not take herring under this section in any district in the Southeastern Alaska Area;

(4) a person or vessel may not take more than one ton of herring in a calendar year, except as provided under terms of a permit issued by the department.

History

Authority: AS 16.05.251
Eff. 6/25/89, Register 110; am 4/30/91, Register 118; am 4/23/94, Register 130; am 1/29/98, Register 145; am 5/31/98, Register 146; am 4/16/2000, Register 154

5 AAC 27.179 Permits for winter food and bait herring fishery in Southeastern Alaska Area {#sec-5-aac-27.179 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.179}

(a) The owner or operator of a vessel used in the winter food and bait herring fishery must obtain a permit issued by the commissioner. In the permit, the commissioner shall set the date when the permit holder may begin fishing. The date shall occur during a 14-day period following the issuance of the permit. When setting the date under this subsection, the commissioner shall consider the following:

(1) the anticipated harvest effort in the district;

(2) the guideline harvest level established;

(3) the available tender capacity; and

(4) seasonal bait demand.

(b) The permit required under (a) of this section may

(1) establish harvest limits;

(2) specify open fishing areas;

(3) establish reporting requirements; and

(4) set other conditions determined by the commissioner to be necessary for the conservation and management of the resource.

History

Authority: AS 16.05.251
Eff. 1/29/98, Register 145; am 4/16/2000, Register 154

5 AAC 27.180 Permits for herring pounds in Southeastern Alaska Area {#sec-5-aac-27.180 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.180}

(a) A herring pound operator shall obtain a permit before April 1 from the commissioner for fresh bait pound operations and for tray pack pound operations 30 days before starting operations.

(b) A person operating a fresh bait or tray pack herring pound may not sell, offer to sell, or otherwise enter into or authorize a commercial transaction for the disposition of herring taken from that pound if the person knows or has reason to know that the herring will be used for other than fresh or tray pack bait purposes.

(c) A person may not transport herring taken from a fresh bait or a tray pack pound to another person if the person knows or has reason to know that the herring will be used for other than fresh or tray pack bait purposes.

(d) The commissioner may attach to a permit issued under this section for fresh bait and tray pack herring pounds any condition the commissioner considers necessary to preclude or render impractical the use of herring taken by that pound for other than fresh or tray pack bait purposes. The commissioner may revoke a permit issued under this section for failure to comply with conditions attached to it.

History

Authority: AS 16.05.251

5 AAC 27.185 Management plan for herring spawn on kelp in pounds fisheries in Sections 3-B, 12-A, and 13-C, and District 7 {#sec-5-aac-27.185 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.185}

(a) In Sections 3-B, 12-A, and 13-C, and District 7, of the Southeastern Alaska Area, the department shall set an annual guideline harvest range for herring spawn on kelp in pounds based on the forecasted return of mature spawning herring. The department shall manage the fishery to keep the harvest within the guideline harvest range each season by restricting CFEC permit holders operating a herring spawn-on-kelp pound to a specific number of kelp blades or fronds annually according to the provisions of this section.

(b) In Sections 3-B, 12-A, and 13-C, and District 7, a herring spawn-on-kelp CFEC permit holder may jointly operate an open pound with one or more other herring spawn-on-kelp CFEC permit holders and a closed pound with up to two other herring spawn-on-kelp CFEC permit holders. A permit holder operating an open pound may use fronds or individual kelp blades in the open pound, but may not use both during a fishing season. The department may close fishing with one or more pound types in (c) and (dd)(2) of this section to avoid exceeding the guideline harvest level.

Guideline

Harvest

Range for

Herring

(tons)Single-

Permit

Closed

PoundsDouble-

Permit

Closed

PoundsTriple-

Permit

Closed

PoundsQuad-

ruple-

Permit

or More

Closed

PoundsSingle-

Permit

Open

PoundsMultiple-

Permit

Open

Pounds50-249NoneNoneNoneNone750

blades2,000

blades250-399100

blades200

blades300

blades500

blades1,000

blades3,000

blades400-599200

blades300

blades600

blades700

blades1,000

blades3,000

blades600-799300

blades400

blades700

blades800

blades1,500

blades4,500

blades800-999400

blades500

blades800

blades1,000

blades2,000

blades6,000

blades1,000-

1499500

blades750

blades1,000

blades2,500

blades7,500

blades1,500 or

more600

blades900

blades1,000

blades3,000

blades9,000

blades

(d) In Section 12-A and Section 13-C, the kelp allocation per permit holder is as follows:

Guideline

Harvest

Range for

Herring

(tons)Single-

Permit

Closed

PoundsDouble-

Permit

Closed

PoundsTriple-

Permit

Closed

PoundsQuad-

ruple-

Permit

or More

Closed

PoundsSingle-

Permit

Open

PoundsMultiple-

Permit

Open

Pounds0-299NoneNoneNoneNone300

blades400

blades300-499100

blades200

blades300

blades600

blades700

blades500-699200

blades300

blades500

blades800

blades900

blades1,000

blades700-899300

blades500

blades700

blades900

blades1,000

blades1,200

blades900-

1,399400

blades700

blades900

blades1,000

blades1,200

blades1,500

blades1,400 or

more700

blades900

blades1,000

blades1,200

blades1,500

blades

(e) Repealed 7/1/2015.

(f) Pounds for the taking of herring spawn on kelp and seines for the taking of herring for placement in pounds may be operated only in the following locations:

(1) in Section 3-B, in the waters of the Gulf of Esquibel, San Alberto Bay, Shinaku Inlet, and San Christoval Channel south of the latitude of the northernmost tip of St. Philip Island at 55° 39.31´ N. lat., 133° 25.12´ W. long., east of a line from the northernmost tip of St. Philip Island to the northernmost tip of Point Garcia at 55° 33.65´ N. lat., 133° 26.47´ W. long., and north of a line from Entrance Point at 55° 31.16' N. lat., 133° 08.69' W. long., to the southernmost tip of Clam Island at 55° 30.98' N. lat., 133° 09.45' W. long., to the southernmost tip of Fern Point at 55° 30.05' N. lat., 133° 16.97' W. long.; in Section 3-B, the following waters are closed to herring spawn-on-kelp pounds and to seining for taking herring for pounds:

(A) Klawock Inlet and Big Salt Lake east of the longitude of the northern point of Wadleigh Island at 133° 07.57' W. long.;

(B) the waters of San Christoval Channel in the main channel enclosed by a line from 55° 35.62´ N. lat., 133° 20.00´ W. long., to 55° 35.17´ N. lat., 133° 20.00´ W. long., to 55° 33.37´ N. lat., 133° 17.52´ W. long., to 55° 33.50´ N. lat., 133° 17.28´ W. long.;

(C) the waters of Fish Egg and Ballena Islands south of 55° 31.00´ N. lat., and north of the southernmost tip of Cape Suspiro at 55° 27.47' N. lat., 133° 08.40' W. long., and east of the longitude of Ballena Island Shoal Light at 133° 13.25' W. long.;

(2) in District 7, in the waters of Ernest Sound east of a line from Point Eaton at 55° 56.44' N. lat., 132° 04.16' W. long., to Lemesurier Point at 55° 46.02' N. lat., 132° 16.94' W. long.;

(3) in Section 12-A, in the waters of Chatham Strait and Tenakee Inlet south of the latitude of 57° 46´ N. lat., and north of the latitude of Peninsular Point (57° 30.30´ N. lat.) and west of 134° 50´ W. long.;

(4) in Section 13-C, in the waters of Hoonah Sound north and west of a line from Point Marie to a point on the northern shore of Hoonah Sound at 57° 37.38´ N. lat., 135° 27´ W. long.

(g) Herring for placement in a closed herring spawn-on-kelp pound may be captured only with power seines or hand purse seines and may only be transferred to a closed pounds in

(1) Section 3-B after 12:00 noon, March 17 until 12:00 noon, May 10, unless closed earlier by emergency order;

(2) District 7 after 12:00 noon, April 1 until 12:00 noon, May 10, unless closed earlier by emergency order;

(3) Section 12-A after 12:00 noon, April 6 until 12:00 noon, May 15, unless closed earlier by emergency order; and

(4) Section 13-C after 12:00 noon, April 6 until 12:00 noon, May 15, unless closed earlier by emergency order.

(h) In Section 3-B, the harvest limit for the bait fisheries is 60 percent of the guideline harvest level for the Craig/Klawock herring stock, and the harvest limit for the spawn-on-kelp pound fishery is 40 percent of that guideline harvest level. Any portion of the harvest limit not taken by the bait fishery during a calendar year may be taken by the pound fishery during that year.

(i) In District 7, the harvest limit for the spawn-on-kelp pound fishery is the amount of any annual guideline harvest level for the Ernest Sound herring stock that is not harvested by the bait fisheries. If the remaining guideline harvest level is less than 50 tons, there will be no spawn-on-kelp pound fishery.

(j) Section 12-A, the harvest limit for the spawn-on-kelp pound fishery is the amount of any annual guideline harvest level for the Tenakee Inlet herring stock that is not harvested by the bait fisheries. If the unharvested portion of the guideline harvest level is less than 50 tons, there will be no spawn-on-kelp pound fishery.

(k) Spawn-on-kelp pound structures and other equipment used in a spawn-on-kelp pound fishery must be marked as follows:

(1) before kelp or herring are added to a pound, a permit holder must plainly and legibly mark the permit holder's first and last name and five-digit CFEC permit number in a conspicuous place on the pound; the sign must be vertical, and the markings must be clearly visible and above the surface of the water at all times; the letters and numbers used to identify a pound must be at least six inches high with lines at least one-half inch wide and must contrast with the background; if a pound is being operated as a multiple-permit pound, the first and last names and five-digit CFEC permit numbers of all permit holders operating the pound must be placed on a single sign; the sign must be left on the pound structure or the webbing support system the entire time any part of the pound or pound system is in the water;

(2) all floats and floating objects used in support of the fishery must be plainly and legibly marked with a CFEC permit number of a participating permit holder as specified in (1) of this subsection; all floats and floating objects must be permanently marked and clearly visible above the surface of the water at all times.

(l) A permit holder using a tow pound for transporting herring to a closed pound must permanently affix a horizontal sign stating "Tow Pound" and a CFEC permit number of a participating permit holder to the top surface of the tow pound. The letters must be at least six inches high with lines at least one-half inch wide and must contrast with the background. A permit holder may introduce herring into a tow pound multiple times before transferring the herring to a spawn-on-kelp pound.

(m) A permit holder may place the permit holder's kelp in no more than one pound. Before kelp is introduced into the spawn-on-kelp pound, a permit holder must store the kelp in a manner that prevents herring from spawning on the kelp.

(n) On a line or structure used to suspend kelp, a permit holder shall affix a legible tag showing above the water surface that states the number of blades or fronds on that line or structure and that states the permit holder's first and last name. In a multiple-permit pound, each permit holder must keep that permit holder's kelp on lines or structures separate from lines or structures that support kelp belonging to other permit holders.

(o) A permit holder must be physically present at the permit holder's pound fishing site during operation of the pound. For the purpose of this subsection, "operation of the pound" means

(1) repealed 4/24/2009;

(2) when herring is being captured and transferred into a closed pound;

(3) when an open pound is being moved; and

(4) when kelp product is being collected from the pound.

(p) A permit holder must be physically present when the permit holder's herring spawn-on-kelp product produced in a pound is being sold.

(q) A permit holder may transfer additional herring into a closed pound, only until herring have been released or product has been harvested from the pound. After herring have been released or product has been harvested from a pound, a permit holder using that pound may not fish for herring or add kelp to the pound. A permit holder may not transfer herring into a pound after 11:59 p.m. on the fourth day after herring are placed into the pound, with the first day being the day that herring are first placed into the pound. If the commissioner determines it is necessary for the conservation of herring stocks, the commissioner may, by emergency order, restrict the placement of herring into pounds.

(r) Permit holders operating two separate closed pounds must register with the department before connecting the permit holder's pounds. No more than two pounds may be connected into a combined structure. After the permit holders have connected two pounds, the permit holders may transfer additional herring into the combined pound. The four-day herring transfer period, as described in (q) of this section, begins on the first day herring are placed into either of the connected closed pounds. After two pounds are connected under this subsection, the permit holders may drop the wall between the pounds no more than three feet from the surface of the water so that herring may swim between the connected pounds.

(s) A permit holder may not retain herring in a closed pound for more than seven days and must release the herring by 12:00 noon on the seventh day, with the first day being the day that herring are first placed into the pound. When releasing herring, a permit holder must lower at least one full side of a pound's webbing at least two feet below the surface of the water to allow herring to escape.

(t) After a permit holder releases herring and harvests product from the pound, the permit holder must maintain the pound and webbing in place for at least four weeks. To optimize hatching success the permit holder must position egg-covered webbing in the original size and configuration of the pound structure with adequate water circulation on all sides. The webbing support system must be above the surface of the water and clearly marked as specified in (k) of this section.

(u) A permit holder must release all herring from a pound operated by that permit holder. A permit holder may not retain and use herring that has been introduced into a pound as bait for commercial use, sport use, personal use, or subsistence use.

(v) After notifying the department, a permit holder may release herring from a closed pound and fish the pound as an open pound. All webbing on the closed pound must be removed. The permit holder will not be entitled to additional kelp and may operate the pound only as an open pound for the remainder of the season.

(w) A permit holder shall completely remove all pounds and associated equipment from the waters in

(1) Section 3-B by 12:00 noon May 31 through March 1 of the following year;

(2) District 7 by 12:00 noon May 31 through March 1 of the following year;

(3) Section 12-A by 12:00 noon June 10 through March 1 of the following year;

(4) Section 13-C by 12:00 noon June 10 through March 1 of the following year.

(x) A CFEC permit holder operating a multiple-permit pound is subject to liability if the pound, at any time, contains more than the legal amount of kelp.

(y) Spawn-on-kelp blades or fronds belonging to a permit holder must be kept separate from spawn-on-kelp blades or fronds belonging to another permit holder until all spawn on kelp from a pound has been weighed and graded.

(z) A closed pound is considered to be fishing once herring have been introduced into the closed pound structure and is considered to have stopped fishing once all herring have been released and all of the spawn-on-kelp product has been removed from the closed pound structure.

(aa) An open pound is considered to be fishing once kelp has been attached to the open pound structure and is considered to have stopped fishing once all of the spawn-on-kelp product has been removed from the open pound structure.

(bb) Each permit holder is responsible for all operations of the pound and pound system.

(cc) Two closed pounds as specified in 5 AAC 27.130(e) may be combined into one single closed pound structure and operated by multiple permit holders only when kelp is at the maximum allocation. The combined pound may have a maximum surface area of 800 square feet with a maximum depth level of 30 feet. The kelp allocations per permit holder and other provisions specified in this section also apply to the combined pound; however, permit holders may transfer additional herring into the combined single closed pound structure after the two closed pounds are connected and combined into a single structure. A CFEC permit holder who intends to operate a combined pound must register with the department before placing the pound in the water. This pound structure may not be connected to any other pound structure.

(dd) In this section,

(1) "fronds" means the kelp stipe and naturally attached blades;

(2) "multiple-permit pound" includes,

(A) for a closed pound, a

(i) double-permit closed pound;

(ii) triple-permit closed pound; and

(iii) quadruple-permit or more closed pound; and

(B) for an open pound, a multiple-permit open pound.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 6/25/89, Register 110; am 4/30/91, Register 118; am 4/23/94, Register 130; am 1/29/98, Register 145; am 9/10/2000, Register 155; am 3/11/2001, Register 157; am 4/24/2003, Register 166; am 4/2/2006, Register 177; am 4/24/2009, Register 190; am 7/13/2012, Register 203; am 7/1/2015, Register 214; am 6/17/2018, Register 226; am 11/10/2024, Register 252

5 AAC 27.187 Buyer and processors reporting requirements for spawn on kelp in pounds for the Southeastern Alaska Area {#sec-5-aac-27.187 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.187}

(a) In Sections 3-B, 7-B, 12-A, and 13-C

(1) the initial buyer or processor of herring spawn on kelp shall issue a fish ticket when the spawn on kelp is delivered by a CFEC permit holder and shall, within seven days of delivery, provide a copy of the fish ticket to the department;

(2) the fish ticket shall set out

(A) the number of blades of spawn on kelp delivered;

(B) the total weight of spawn on kelp delivered;

(D) whether the spawn on kelp was salted when initially weighed;

(3) if an accurate, drained weight cannot be obtained at the time of delivery, the reported weight on the fish ticket shall be marked as "estimated weight" and the buyer or processor shall notify the department of the accurate, drained weight as soon as it is available;

(4) a processor shall notify the department of the delivered weight by grade and the final exvessel value by grade as soon as that information is available;

(5) a permit holder may place herring spawn on kelp in a tote-size or larger container with a salt brine solution, in order to transport the spawn on kelp to a processor, if the permit holder

(A) is present at the time and place when the spawn on kelp is first delivered;

(B) before leaving the fishing grounds, notifies the department of the estimated amount of spawn on kelp and the expected time and location of its delivery; and

(b) A permit holder that complies with the requirements of (a)(5) of this section does not need to comply with the permit and reporting requirements under 5 AAC 39.130.

History

Authority: AS 16.05.251; AS 16.05.690
Eff. 4/16/2000, Register 154; am 4/2/2006, Register 177

5 AAC 27.190 Herring Management Plan for Southeastern Alaska Area {#sec-5-aac-27.190 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.190}

For the management of herring fisheries in the Southeastern Alaska Area, the department

(1) shall identify stocks of herring on a spawning area basis;

(2) shall establish minimum spawning biomass thresholds below which fishing will not be allowed;

(3) shall assess the abundance of mature herring for each stock before allowing fishing to occur;

(4) may allow a harvest of herring at an exploitation rate between 10 percent and 15 percent of the estimated spawning biomass when that biomass is above the minimum threshold level, except as otherwise provided in this chapter;

(5) may identify and consider sources of mortality in setting harvest guideline;

(6) by emergency order, may modify fishing periods to minimize incidental mortalities during commercial fisheries.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 4/23/94, Register 130; am 5/31/98, Register 146; am 6/27/2025, Register 254

5 AAC 27.195 Sitka Sound commercial sac roe herring fishery {#sec-5-aac-27.195 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.195}

(a) In managing the commercial sac roe herring fishery in Section 13-B north of the latitude of Aspid Cape (Sitka Sound), the department shall

(1) manage the fishery consistent with the applicable provisions of 5 AAC 27.160(g) and 5 AAC 27.190;

(2) distribute the commercial harvest by fishing time and area if the department determines that it is necessary to ensure that subsistence users have a reasonable opportunity to harvest the amount of herring spawn necessary for subsistence uses specified in 5 AAC 01.716(b).

(b) In addition to the provisions of (a) of this section, the department shall consider the quality and quantity of herring spawn on branches, kelp, and seaweed, and herring sac roe when making management decisions regarding the subsistence herring spawn and commercial sac roe fisheries in Section 13-B north of the latitude of Aspid Cape.

History

Authority: AS 16.05.251
Eff. 4/14/2002, Register 162

5 AAC 27.197 Sections 1-E and 1-F commercial sac roe herring fishery {#sec-5-aac-27.197 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.197}

(a) In managing the commercial sac roe herring fishery in Section 1-E and the waters of Section 1-F north of the latitude of South Vallenar Point, the commissioner will open and close fishing periods and areas open for fishing using set gillnet gear by emergency order, during which the commissioner may impose conditions that are necessary for an orderly and manageable fishery.

(b) When the harvest of herring by the set gillnet fishery exceeds the guideline harvest level for a year, the excess harvest may not be factored into determining the guideline harvest level for a future year.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 4/24/2003, Register 166; am 4/2/2006, Register 177; am 7/13/2012, Register 203

Article 5 Yakutat Area (Registration Area D)

5 AAC 27.200 Description of Yakutat Area {#sec-5-aac-27.200 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.200}

The Yakutat Area has as its western boundary the longitude of Cape Suckling (144° W. long.), and as its southern boundary a line extending seaward from the western tip of Cape Fairweather, at 58° 47.89' N. lat., 137° 56.68' W. long., to the intersection with the seaward limit of the three-nautical-mile territorial sea at 58° 45.91' N. lat., 138° 01.53' W. long.

History

Authority: AS 16.05.251

5 AAC 27.205 Description of Yakutat Area districts {#sec-5-aac-27.205 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.205}

Districts are as described in 5 AAC 30.200.

History

Authority: AS 16.05.251(a)

5 AAC 27.210 Fishing season for Yakutat Area {#sec-5-aac-27.210 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.210}

Herring may be taken from October 1 through February 28 (winter food and bait fishery), only during periods established by emergency order.

History

Authority: AS 16.05.251

5 AAC 27.230 Lawful gear for Yakutat Area {#sec-5-aac-27.230 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.230}

Herring may be taken by purse seines and gillnets.

History

Authority: AS 16.05.251

5 AAC 27.250 Closed waters in Yakutat Area {#sec-5-aac-27.250 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.250}

Herring may not be taken in Yakutat Bay.

History

Authority: AS 16.05.251
Eff. 1/29/98, Register 145

5 AAC 27.270 Harvest of bait by commercial permit holders in Yakutat Area {#sec-5-aac-27.270 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.270}

The holder of a valid CFEC interim use or limited entry permit may take but may not sell herring for use as bait in the commercial fishery for which the permit is held as follows:

(1) herring may be taken at any time;

(2) unless use of a gear is restricted in 5 AAC 27 - 5 AAC 39, herring may be taken by any gear specified in 5 AAC 39.105;

(3) a person or vessel may not take more than one ton of herring, except as provided under terms of a permit issued by the department.

History

Authority: AS 16.05.251
Eff. 6/25/89, Register 110; am 4/23/94, Register 130

Article 6 Prince William Sound Area (Registration Area E)

5 AAC 27.300 Description of Prince William Sound Area {#sec-5-aac-27.300 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.300}

The Prince William Sound Area includes all waters of Alaska between 148° 50.25' W. long., (near Cape Fairfield) and 144° 00.00' W. long., (near Cape Suckling).

History

Authority: AS 16.05.251

5 AAC 27.305 Fishing districts, subdistricts and sections {#sec-5-aac-27.305 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.305}

Repealed.

5 AAC 27.306 Description of Prince William Sound Area districts {#sec-5-aac-27.306 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.306}

(a) Prince William Sound District: all waters of the Prince William Sound Area, excluding the Kayak Island District.

(b) Kayak Island District: all waters from a line from a point at 60° 01.16' N. lat., 144 ° 00.00" W. long., to a point at 59° 57.98' N. lat., 144° 00.00' W. long., to a point at 59° 44.29' N. lat., 144° 36.12' W. long., to a point at 60° 17.13' N. lat., 146° 15.02' W. long., to Hook Point at 60° 20.11' N. lat., 146° 15.02' W. long.

History

Authority: AS 16.05.251
Eff. 6/7/2025, Register 254

5 AAC 27.310 Fishing seasons and periods for Prince William Sound Area {#sec-5-aac-27.310 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.310}

(a) From March 1 through June 30 (sac roe season), herring may be taken only during periods established by emergency order.

(b) Herring may be taken for food and bait from October 1 through January 31, only during periods established by emergency order.

(c) Herring spawn on kelp not in pounds (the wild herring spawn-on-kelp fishery) may be taken only during periods established by emergency order.

(d) Herring spawn on kelp in open or closed pounds (the herring spawn-on-kelp pound fishery) may be taken only during periods established by emergency order. The department may open or close the herring spawn-on-kelp open pound or closed pound fishery, jointly or separately, by emergency order.

(e) Repealed 5/11/85.

(f) Repealed 5/11/85.

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 27.330 Lawful gear for Prince William Sound Area {#sec-5-aac-27.330 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.330}

(a) From March 1 through June 30, herring may be taken only by purse seines and gillnets.

(b) For the wild herring spawn-on-kelp (not in pounds) fishery, herring spawn on kelp may be taken by hand cutting as specified in 5 AAC 27.333.

(d) A pound for the herring spawn-on-kelp pound fishery may be either a closed pound or an open pound.

(e) In 5 AAC 27.300 - 5 AAC 27.390,

(1) a closed pound consists of a single, floating, rectangular frame structure, with webbing and suspended kelp, that is used to enclose herring for a period of time in order to produce spawn on kelp; the opening of a closed pound at the water surface may not exceed 2,000 square feet in area; neither the sewn vertical wall nor the near-vertical wall of a closed pound may exceed a depth of 30 feet below the water surface when the pound contains herring; webbing of a closed pound may not be part of the webbing of another pound structure; to prevent suffocation of impounded herring, a closed pound must include a minimum of five feet of surplus webbing gathered at the surface that may be lowered into the water when submerged webbing becomes saturated with eggs;

(2) an open pound consists of a single, floating, rectangular frame structure with suspended kelp and no webbing that is used for the production of spawn on kelp, or is a closed pound as described in (1) of this subsection with all webbing, on at least one side of the pound, not less than one fathom below the water surface.

History

Authority: AS 16.05.251

5 AAC 27.331 Gillnet specifications and operations for Prince William Sound Area {#sec-5-aac-27.331 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.331}

(a) During the herring food and bait season, herring gillnets operated from a herring fishing vessel may not exceed 150 fathoms in aggregate length.

(b) From March 1 through June 30, herring gillnets operated from a herring fishing vessel may not exceed 120 meshes in depth and 100 fathoms in aggregate length.

(c) Notwithstanding 5 AAC 27.050(c), the mesh size of a herring gillnet in the Prince William Sound Area may not exceed three inches.

History

Authority: AS 16.05.251

5 AAC 27.332 Seine specifications and operations for Prince William Sound Area {#sec-5-aac-27.332 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.332}

A person may not operate a purse seine that is more than 1,025 meshes in depth and more than 150 fathoms in length from April 15 through June 30.

History

Authority: AS 16.05.251

5 AAC 27.333 Wild herring spawn on kelp harvest specifications and operations for Prince William Sound Area {#sec-5-aac-27.333 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.333}

(a) A person may take wild herring spawn on kelp (not in pounds) without a permit issued by the commissioner and only under the following conditions:

(1) herring spawn may not be taken on imported or transplanted aquatic plants or on any other substrate, except for kelp in its natural occurring state;

(2) kelp plants may be taken only by a handheld, unpowered blade cutting device;

(3) except for fucus and hair kelp, kelp plant blades must be cut at least four inches above the stipe (stem);

(4) kelp plants used to take herring spawn may not be suspended from lines, frames, or other man-made devices.

(b) Repealed 9/17/94.

(c) A person participating in the wild herring spawn-on-kelp fishery shall indicate, on a fish ticket at the time of landing, harvested spawn on kelp that is not sold, including harvested spawn on kelp that has been discarded.

(d) A buyer of wild herring spawn on kelp shall indicate, on a fish ticket at the time of delivery, wild herring spawn on kelp that was delivered to but not purchased by the buyer.

History

Authority: AS 16.05.251

5 AAC 27.334 Harvest specifications and operations for the herring spawn-on-kelp pound fishery in Prince William Sound Area {#sec-5-aac-27.334 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.334}

A permit issued by the commissioner is not required for the harvest of spawn on kelp in pounds. However, a CFEC permit holder may not participate in the spawn-on-kelp fishery in any year unless the permit holder has registered with the department's Cordova office by March 15 of that year. The permit holder may register by notifying the department's Cordova office in writing by mail that is postmarked by March 15, or in person, or by telephone, by 5:00 p.m. March 15. The following provisions apply to the herring spawn-on-kelp pound fishery:

(1) after fishing commences in a pound, no more than four persons may use that pound at any time, except that if the department determines that the maximum number of kelp blades that a person may maintain in a pound, established under (5) of this section, will not be enough substrate for adequate spawn deposition to produce a commercially valuable spawn-on-kelp product, based on kelp blade density and the volume of the pound, the department may allow more than four persons to use a pound at any time; if the department allows more than four persons to use a pound under this paragraph, the department will provide public notice of the number of persons allowed;

(2) if more than one person uses a pound, from the time fishing commences in the pound until all herring spawn on kelp has been removed from the pound, the pound may not contain more than the amount of herring or kelp that all persons using the pound may, in the aggregate, legally maintain in it; each person using the pound has a duty to ensure that the pound does not, at any time, contain more than the legal amount of herring or kelp;

(3) for a closed pound, fishing commences when herring are introduced into the pound; once herring are introduced into a closed pound, all herring must remain in the pound until the department has authorized the release of the herring;

(4) for an open pound, fishing commences when kelp is placed into the water within the pound; before operating an open pound, a person must notify the department of that person's intent to operate an open pound for the fishing season; once a person has notified the department of that person's intent to operate an open pound under this paragraph, that person may not use a closed pound during the remainder of that season;

(5) before each fishing season the department, consistent with 5 AAC 27.365(d)(2), shall establish the maximum amount of herring that a person may take and maintain in a pound, and the maximum number of blades of kelp that a person may maintain in a pound after fishing commences; the department shall provide public notice of that amount and number; a person who notifies the department before April 1 of that person's intent to operate an open pound shall receive an increase in the maximum amount of kelp blades established in this paragraph that is calculated on the basis of the wild spawn-on-kelp conversion factor described in 5 AAC 27.365(d)(1);

(6) a person may use a closed herring pound only north and east of a line from Porcupine Point to Point Freemantle, unless otherwise provided by emergency order; a person may use an open herring pound throughout the Prince William Sound Area in areas established by emergency order;

(7) notwithstanding 5 AAC 37.100 and 5 AAC 37.200, a person may take kelp for the herring spawn-on-kelp pound fishery anywhere in the Prince William Sound Area unless otherwise provided by emergency order;

(8) for the herring spawn-on-kelp pound fishery, a person may take kelp by hand and may take the entire plant including the stipe (stem) and holdfast;

(9) before a person places kelp in a pound, the person must plainly and legibly mark the person's name and five-digit CFEC permit number in characters that are at least two inches high and one-half inch wide in a color that contrasts with the pound background and that are mounted on the exterior of the pound and are plainly visible and not obscured in any way;

(10) after fishing commences and until the season closes, the CFEC permit number or numbers marked on a pound may not change;

(11) before the commencement of fishing, a person shall plainly and legibly mark all of that person's lines of kelp blades with the person's name and shall indicate on each line of kelp blades the number of blades attached to that line;

(12) at the time fishing commences, during the capture and transfer of herring into the pound, and during the harvest of herring spawn on kelp produced in the pound, a person using a closed pound must be present at the pound, at a support shelter near the pound, or on a fishing vessel while the vessel is being used to harvest herring or transfer herring to the pound;

(13) a person using an open pound must be present at the pound, or near the pound at a structure or on a vessel used in support of the operation, when kelp is placed in the water and during the harvest of herring spawn on kelp produced in the pound;

(14) a person using a closed pound shall notify the department before dropping the webbing; after the webbing has been dropped, the pound may only be used as an open pound during the remainder of that season;

(15) a person may not place herring in a pound after the fifth day following the day on which the person first placed herring in the pound;

(16) a person may not hold herring in a pound after the seventh day following the day on which the person first placed herring into the pound;

(17) herring that die during capture, transfer, or holding will be counted toward the legal amount of herring that may be taken by the person who captured, transferred, or held the herring;

(18) a person using a pound shall weigh the spawn on kelp when the person removes spawn on kelp from the pound;

(19) if more than one person uses a pound, a person removing spawn on kelp from the pound shall

(A) from the time spawn on kelp is removed until it is processed, segregate that spawn on kelp from spawn on kelp that is possessed by other persons using the pound;

(B) weigh the quantity of spawn on kelp that is possessed by that person and provide the weight to a buyer for recording on a fish ticket;

(20) a person may not transfer herring between pounds;

(21) after release of herring from a pound, a person using the pound shall keep the pound, including webbing, at the fishing location not less than four weeks, shall keep egg-covered webbing on the pound frame in the original configuration with adequate water circulation on all sides to optimize egg hatching, and, not later than six weeks after harvesting the spawn on kelp, shall completely remove the pound from the water.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 9/17/94, Register 131; am 4/6/97, Register 142; am 5/31/98, Register 146; am 3/30/2000, Register 153; am 4/24/2003, Register 166

5 AAC 27.345 Harvest strategies for the Kayak Island District {#sec-5-aac-27.345 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.345}

The Kayak Island District may be opened to commercial fishing on an exploratory basis with no specified guideline harvest level. A Prince William Sound Area herring fishery CFEC permit holder may participate in the Kayak Island District using the gear specified on the permit holder's CFEC permit. The Kayak Island District may be opened or closed by emergency order based on inseason information such as observed stock abundance, harvest levels, or harvest patterns, including such changes in the adjacent Prince William Sound District.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 6/7/2025, Register 254

5 AAC 27.350 Waters closed to herring fishing in Prince William Sound Area {#sec-5-aac-27.350 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.350}

(a) From July 1 through October 31, herring may not be taken in waters closed to salmon fishing by 5 AAC 24.350 and 5 AAC 39.290.

(b) Repealed 4/24/2003.

History

Authority: AS 16.05.251

5 AAC 27.360 Harvest levels {#sec-5-aac-27.360 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.360}

(a) Repealed 5/31/85.

(b) Repealed 4/9/89.

(d) Repealed 4/9/89.

(e) Repealed 4/9/89.

5 AAC 27.365 Prince William Sound Herring Management Plan {#sec-5-aac-27.365 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.365}

(a) The purpose of the Prince William Sound herring management plan in this section is to describe management strategies for all Prince William Sound herring fisheries and to provide for an optimum sustained yield and an equitable allocation for all user groups.

(b) The management plan for herring fisheries in Prince William Sound assumes that all Prince William Sound herring fisheries share the use of a single stock of herring which may be harvested at the rate of zero to 20 percent of the spawning biomass. The management year for herring fisheries in Prince William Sound is January 1 through December 31. Guideline harvest levels are established before the commercial sac roe herring fishery in the spring and are based upon the final spawning biomass estimate from the previous year, cohort analysis, and projected recruitment. The minimum spawning biomass threshold is 22,000 tons, and no fishery may be opened if the estimated spawning biomass is below this threshold level. The department may allow, based upon age class strength, a harvest of herring at an exploitation rate between zero and 20 percent of the projected spawning biomass when that biomass is between 22,000 tons and 42,500 tons. The department may allow a harvest of herring at a maximum exploitation rate of 20 percent when the total projected spawning biomass is greater than 42,500 tons.

(1) purse seine sac roe fishery: 58.1 percent;

(2) gillnet sac roe fishery: 3.4 percent;

(3) food and bait fishery: 16.3 percent, except that up to 80 percent of the unharvested guideline harvest level allocated to the commercial sac roe fishery season remaining after that season has concluded may be allocated to the fall food and bait fishery season as determined by the department and established by emergency order;

(4) spawn-on-kelp not in pounds: 8.0 percent; and

(5) spawn-on-kelp in pounds: 14.2 percent.

(d) Harvest quotas for the spawn-on-kelp fisheries are derived as follows:

(1) spawn-on-kelp not in pounds: one ton of spawn-on-kelp may be taken for every eight tons of herring allocated to this fishery;

(2) spawn-on-kelp in pounds: the spawn-on-kelp in pounds harvest objective will be set based on the ratio of one ton of spawn on kelp for every 12.5 tons of herring allocated to this fishery; the commissioner, or an authorized designee, shall manage the fishery to achieve this harvest objective by restricting those persons holding a CFEC permit to participate in the fishery to a specified number of kelp blades annually based on the number of permit holders registered under 5 AAC 27.334(a) to fish with pounds, and to an equal portion of the guideline harvest of herring allocated in (c)(5) of this section based on the total number of permit holders.

(e) Repealed 9/17/94.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 4/9/89, Register 110; am 4/30/91, Register 118; am 9/17/94, Register 131; am 4/24/2003, Register 166; am 6/7/2025, Register 254

5 AAC 27.370 General restrictions for Prince William Sound Area {#sec-5-aac-27.370 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.370}

A vessel used to take herring in the Prince William Sound Area during the period July 1 through February 28 may not be used to take herring in another registration area during that period and a vessel used to take herring in any other registration area during the period July 1 through February 28 may not be used to take herring in the Prince William Sound Area during that period.

History

Authority: AS 16.05.251
Eff. 4/14/82, Register 82; am 5/31/98, Register 146

5 AAC 27.375 Harvest of bait by commercial permit holders in the Prince William Sound Area {#sec-5-aac-27.375 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.375}

(a) The holder of a valid CFEC interim use or limited entry permit may take, but may not sell, herring for use as bait in the commercial fishery for which the permit is held as follows:

(1) herring may be taken at any time;

(2) herring may be taken by gear specified in 5 AAC 39.105;

(3) a vessel, crewmember, or permit holder that participates in an open commercial herring sac roe fishing period may not take herring under this section in a district in the Prince William Sound Area in the 72 hours before and 72 hours after an open commercial herring sac roe fishing period in the Prince William Sound Area;

(4) a person or a vessel may not take more than one ton of herring, except as provided under terms of a permit issued by the department.

(b) Herring harvested under this section will be deducted from the Prince William Sound food and bait fishery allocation under 5 AAC 27.365.

History

Authority: AS 16.05.251
Eff. 6/7/2025, Register 254

5 AAC 27.380 Permits {#sec-5-aac-27.380 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.380}

(a) Repealed 5/11/85.

(b) Repealed 9/17/94.

5 AAC 27.390 Buyer reporting requirements for Prince William Sound Area {#sec-5-aac-27.390 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.390}

(a) In addition to the requirements of 5 AAC 39.130(n), a buyer, buyer's agent, or fisherman who has arranged for tendering of that fisherman's own catch shall report in person, by telephone, or by radio to, and register with, a local representative of the department upon arrival on the fishing grounds and before starting operations. The buyer, buyer's agent, or fisherman who has arranged for the tendering of that fisherman's own catch shall

(1) identify and describe all vessels to be employed in transporting or processing herring or herring spawn on kelp;

(2) report daily, or as otherwise specified by a local representative of the department, all herring or herring spawn on kelp purchased from fishermen, or that has been delivered to a tender, or other processing records as specified by the department; and

(3) submit fully completed fish tickets with accurate and final weight and roe percentage and any other specified processing records no later than 10 days after termination of buying operations in the area, or as otherwise specified by a local representative of the department.

(b) At the time herring are received from a CFEC permit holder in the Prince William Sound Area, each buyer of raw fish, each fisherman selling to a buyer not licensed to process fish (catcher-seller), and each person or company who catches or processes that person's or company's own catch or has that catch processed by another person or company, shall, in addition to the reporting requirements of 5 AAC 39.130(c), record on a herring fish ticket, the following information:

(1) the on-the-fishing ground weight of herring measured by the most efficient method possible, such as dump boxes, scales or totes, with weight in tons or pounds; and

(2) estimated roe percentage as determined by a regular sampling of the catch; the sampling shall test 10 kilograms of herring for each five to 10 tons of herring delivered.

(c) A copy of the fish ticket required under (b) of this section must, at the time of delivery of herring or herring spawn on kelp, be provided to the CFEC permit holder by the person, buyer, company, firm, or other organization that is the first purchaser of herring or herring spawn on kelp that is taken in the Prince William Sound Area.

History

Authority: AS 16.05.251
Eff. 3/29/87, Register 101; am 3/30/2000, Register 153; am 8/27/2016, Register 219

Article 7 Cook Inlet Area (Registration Area H)

5 AAC 27.400 Description of Cook Inlet Area {#sec-5-aac-27.400 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.400}

The Cook Inlet Area has as its eastern boundary the longitude of Cape Fairfield (148° 50.25' W. long.) and as its southern boundary the latitude of Cape Douglas (58° 51.10' N. lat.).

History

Authority: AS 16.05.251

5 AAC 27.405 Description of Cook Inlet districts {#sec-5-aac-27.405 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.405}

Districts are as described in 5 AAC 21.200.

History

Authority: AS 16.05.251(a)

5 AAC 27.407 Lower Cook Inlet herring management areas {#sec-5-aac-27.407 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.407}

Lower Cook Inlet herring management areas are as follows:

(1) Area 1: those waters of the Eastern District west of the longitude of Cape Fairfield (148° 50.25' W. long.) and east of the longitude of Aialik Cape (149° 31.1' W. long.);

(2) Area 2: those waters of the Outer and Eastern District west of the longitude of Aialik Cape and east of the longitude of McArthur Pass at 150° 20' W. long.;

(3) Area 3: those waters of the Outer District west of the longitude of McArthur Pass at 150° 20' W. long. and east of 151° 11' W. long.;

(4) Area 4: those waters of the Outer District west of 151° 11' W. long. and east of the longitude of Point Adam (151° 58.5' W. long.);

(5) Area 5: those waters of the Kamishak Bay District south of 59° 16.68' N. lat. and west of 153° 37' W. long.;

(6) Area 6: those waters of the Kamishak Bay District north of 59° 16.68' N. lat., south of 59° 23.13' N. lat., and west of 153° 37' W. long.;

(7) Area 7: those waters of the Kamishak Bay District north of 59° 23.13' N. lat., south of 59° 26.82' N. lat., and west of 153° 37' W. long.;

(8) Area 8: those waters of the Kamishak Bay District north of 59° 26.82' N. lat., south of 59° 33.28' N. lat., and west of 153° 22.10' W. long.;

(9) Area 9: those waters of the Kamishak Bay District north of 59° 33.28' N. lat. and west of 153° 22.10' W. long.;

(10) Area 10: those waters of the Kamishak Bay District north of 59° 36' N. lat., south of 59° 46.15' N. lat., and west of 152° 50' W. long.;

(11) Area 11: those waters of the Kamishak Bay District north of 59° 16.68' N. lat., south of 59° 26.82' N. lat., west of 153° 20' W. long., and east of 153° 37' W. long.

History

Authority: AS 16.05.251
Eff. 6/10/89, Register 110; am 5/31/96, Register 138; am 3/11/2001, Register 157

5 AAC 27.409 Central District Herring Management Plan {#sec-5-aac-27.409 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.409}

(a) The purpose of the management plan under this section is to allow the herring fisheries to occur in the Central District of the Cook Inlet Area while minimizing the bycatch of salmon and char.

(b) Herring fishing in the Central District will occur only in the waters of the Upper Subdistrict, Kalgin Island Subdistrict, Western Subdistrict, and Chinitna Bay Subdistrict.

(c) From April 20 through May 31, the commissioner may open and close, by emergency order, a herring fishery for one fishing period per week, to begin on or after Monday at 6:00 a.m. and closing on or before Friday at 6:00 p.m. A fishing period may not be more than 108 hours in duration. A fishing period may extend beyond May 31 if the fishing period began before May 31 and is not longer than 108 hours in duration.

(d) In order to participate, and before fishing, in the Central District herring fishery, a person must register with the department office in Soldotna. A person shall report fishing time and the amount of herring harvested, whether sold or retained for personal use, to the office in Soldotna by 12:00 noon, of the day following the harvest.

(e) In the Upper Subdistrict, a person may not fish for herring within 600 feet of the mean high tide mark on the Kenai Peninsula. The commissioner may, by emergency order, expand this closed area in order to minimize the bycatch of salmon and char.

(f) The guideline harvest range for herring is as follows:

(1) Chinitna Bay Subdistrict: 0 - 40 tons;

(2) Western Subdistrict: 0 - 50 tons;

(3) Kalgin Island Subdistrict: 0 - 20 tons;

(4) Upper Subdistrict: 0 - 40 tons.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 4/22/99, Register 150; am 3/8/2002, Register 161; am 6/11/2005, Register 174; am 6/4/2008, Register 186

5 AAC 27.410 Fishing seasons for Cook Inlet Area {#sec-5-aac-27.410 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.410}

(a) Herring may be taken in the Central District only during periods established by emergency order as provided in 5 AAC 27.409.

(b) Herring may be taken in the Kamishak Bay District from April 15 through June 30 only during periods established by emergency order.

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 27.430 Lawful gear for Cook Inlet Area {#sec-5-aac-27.430 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.430}

(a) In the Kamishak Bay District, herring may be taken only by purse seines from April 15 through June 30.

(b) In the Central District, herring may be taken only by gillnets, except that in the Chinitna Bay and Kalgin Island Subdistricts herring may only be taken by set gillnets.

History

Authority: AS 16.05.251

5 AAC 27.431 Gillnet specifications and operations for Cook Inlet Area {#sec-5-aac-27.431 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.431}

(a) A herring set gillnet may not exceed 35 fathoms in length. A person may not operate more than 105 fathoms of set gillnet in the aggregate. Notwithstanding 5 AAC 27.050(c), the mesh size of a herring set gillnet may not be less than two inches and may not exceed two and one-half inches.

(b) A person may not operate a herring drift gillnet that is more than 150 fathoms in length.

History

Authority: AS 16.05.251

5 AAC 27.432 Seine specifications and operations for Cook Inlet Area {#sec-5-aac-27.432 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.432}

From April 15 through June 30, a purse seine may not be more than 1,025 meshes in depth or more than 150 fathoms in length.

History

Authority: AS 16.05.251

5 AAC 27.434 Identification of set gillnet gear for Cook Inlet Area {#sec-5-aac-27.434 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.434}

A set gillnet used to take herring must have a keg or buoy at one end and must be plainly and legibly marked with the fisherman's five-digit CFEC permit serial number and initials.

History

Authority: AS 16.05.251

5 AAC 27.435 Minimum distance between units of gear in Cook Inlet Area {#sec-5-aac-27.435 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.435}

A set gillnet may not be set or operated within 600 feet of another set gillnet, except that this provision does not apply in the Chinitna Bay Subdistrict.

History

Authority: AS 16.05.251

5 AAC 27.450 Waters closed to herring fishing in Cook Inlet Area {#sec-5-aac-27.450 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.450}

(a) Herring may not be taken in any waters listed in 5 AAC 21.350(a) - (c).

(b) Herring may not be taken in the Resurrection Bay small boat harbor from April 16 through September 30.

History

Authority: AS 16.05.251(a)

5 AAC 27.460 Guideline harvest levels {#sec-5-aac-27.460 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.460}

Repealed 5/11/85.

5 AAC 27.462 Reporting requirements for Cook Inlet Area {#sec-5-aac-27.462 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.462}

(a) In addition to the requirements of 5 AAC 39.130(n), a buyer, buyer's agent, or fisherman who has arranged for the tendering of the fisherman's own catch, operating in the Southern, Kamishak Bay, Barren Island, Outer, and Eastern Districts, shall report in person to and register with a local representative of the department before commencing operations. The buyer, buyer's agent, or fisherman who has arranged for the tendering of the fisherman's own catch shall

(1) identify and describe all vessels to be employed in transporting or processing herring;

(2) report daily, or as otherwise specified by a local department representative, all herring purchased from fishermen, or other processing records as specified by a department representative; and

(b) When herring is taken in the Kamishak District by a CFEC permit holder, each person, buyer, company, firm, or other organization that is the first purchaser of herring, and that is required to record and submit a fish ticket under 5 AAC 39.130(c) shall record on the fish ticket, in addition to the other information required by the ticket, the

(1) on-the-fishing ground weight of herring measured by the most efficient method possible, such as dump boxes, scales, or totes, with weight in tons or pounds; and

(2) estimated roe percentage of the herring as determined by a regular sampling of the catch; the sampling shall test approximately 10 kilograms of herring for each five to 10 tons of herring delivered.

(c) A copy of the fish ticket required under (b) of this section must be provided at the time of delivery to the CFEC permit holder by the person, buyer, company, firm, or other organization that is the first purchaser of herring that is taken in the Kamishak District.

History

Authority: AS 16.05.251
Eff. 5/11/85, Register 94; am 6/10/89, Register 110; am 4/22/99, Register 150; am 8/27/2016, Register 219

5 AAC 27.463 Eastern, Outer, and Southern Districts Herring Management Plan {#sec-5-aac-27.463 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.463}

The Board of Fisheries (board) is concerned that the current stock abundance of herring in the Eastern, Outer, and Southern Districts is insufficient to ensure that the commercial herring fishery can be conducted in a sustainable manner. Therefore, the commercial herring fishery in the Eastern, Outer, and Southern Districts remains closed until the board approves a management plan that considers the following factors:

(1) viability of herring stocks on a spawning area basis;

(2) minimum spawning biomass thresholds;

(3) abundance of mature herring for each stock;

(4) maximum allowable exploitation rates depending on estimated stock biomass;

(5) age class strength and sex composition;

(6) the ecosystem function of both target and nontarget species;

(7) maintenance of the geographic distribution of the resource.

History

Authority: AS 16.05.251
Eff. 3/8/2002, Register 161

5 AAC 27.465 Kamishak Bay District Herring Management Plan {#sec-5-aac-27.465 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.465}

(a) The purpose of the Kamishak Bay District herring management plan under this section is to promote and maintain the viability of the herring stock in the Kamishak Bay District and stabilize the commercial fishery targeting the herring stock by using conservative management strategies that support a biologically sound and sustainable commercial fishery. This management plan describes the management strategies used to set and implement the guideline harvest levels for the Kamishak Bay sac roe fishery.

(b) The management year for the Kamishak Bay herring stock is July 1 through June 30.

(d) The guideline harvest level for the Kamishak Bay sac roe fishery will be based on the projected biomass as determined by the most recent aerial surveys, age class composition, historical mortality, recruitment trends, and other relevant data that is collected by the department.

(e) The maximum allowable exploitation rate for the Kamishak Bay herring stock is 15 percent of the spawning biomass. The department will determine the exploitation rate based on the age class structure of the forecasted biomass, the degree of biomass uncertainty as measured by the adequacy of recent years' aerial survey conditions and coverage, and the following guidelines:

(1) if the projected spawning biomass is 24,000 short tons or more, the department will establish a guideline harvest level of herring based on an exploitation rate between zero and 15 percent;

(2) if the projected spawning biomass is at least 14,000 short tons, but less than 24,000 short tons, the department will establish a guideline harvest level of herring based on an exploitation rate between zero and 12.5 percent;

(3) if the projected spawning biomass is at least 6,000 short tons, but less than 14,000 short tons, the department will establish a guideline harvest level of herring based on an exploitation rate between zero and 10 percent;

(4) if the projected spawning biomass is less than the minimum threshold of 6,000 short tons, the Kamishak Bay sac roe fishery will be closed.

(f) The management strategy for the Kamishak Bay sac roe fishery is to target older age classes of herring, and to limit the exploitation rate of recruit age herring, which are fish age five and younger, to 10 percent or less. In order to provide maximum protection to recruit age herring, a further reduction of the exploitation rates set out in (e) of this section, or a complete closure of the affected fisheries, may be implemented if the biomass projection, or inseason test fishing, indicates a higher percentage of fish are recruit age herring.

History

Authority: AS 16.05.251
Eff. 4/7/93, Register 126; am 3/8/2002, Register 161; am 6/5/2020, Register 234

Article 8 Kodiak Area (Registration Area K)

5 AAC 27.500 Description of Kodiak Area {#sec-5-aac-27.500 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.500}

History

Authority: AS 16.05.251

5 AAC 27.505 Description of Kodiak Area districts and sections {#sec-5-aac-27.505 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.505}

(a) West Afognak District: all waters south of a line from Head Point (57° 59.67' N. lat., 152° 46.75' W. long.) to Dolphin Point (57° 59.17' N. lat., 152° 43.42' W. long.), and north of a line from Occident Point (57° 57.42' N. lat., 152° 51.75' W. long.) to Last Timber Point (57° 58.60' N. lat., 152° 59.05' W. long.), and north of a line extending west on the latitude of Raspberry Cape (58° 03.58' N. lat.) to midstream of Shelikof Strait, east of midstream of Shelikof Strait to Cape Newland (58° 30.40' N. lat., 152° 39.50' W. long.), and west of the longitude of Cape Current (152° 28.90' W. long.).

(1) Raspberry Strait Section: all waters of Raspberry Strait enclosed by a line extending from Raspberry Cape (58° 03.58' N. lat., 153° 25.25' W. long.) to Steep Cape (58° 12.00' N. lat., 153° 12.50' W. long.), and by lines from Head Point (57° 59.67' N. lat., 152° 46.75' W. long.) to Dolphin Point on Whale Island (57° 59.17' N. lat., 152° 43.42' W. long.), and north of a line from Occident Point (57° 57.42' N. lat., 152° 51.75' W. long.) to Last Timber Point (57° 58.60' N. lat., 152° 59.05' W. long.);

(2) Malina Bay Section: all waters of Malina Bay east of a line from Steep Cape (58° 12.00' N. lat., 153° 12.50' W. long.) to Cape Paramanof (58° 18.33' N. lat., 153° 02.80' W. long.);

(3) Paramanof Bay Section: all waters of Paramanof Bay east of a line from Cape Paramanof (58° 18.33' N. lat., 153° 02.80' W. long.) to the westernmost tip of Ban Island, and south of a line extending from the east side of Ban Island to the west side of Afognak Island at 58° 19.25' N. lat.;

(4) Foul Bay Section: all waters of Foul Bay east of a line from the westernmost tip of Ban Island to Black Cape (58° 24.50' N. lat., 152° 53.30' W. long.), excluding the Paramanof Bay Section;

(5) Bluefox Bay Section: all waters enclosed by a line from Black Cape (58° 24.50' N. lat., 152° 53.30' W. long.) to Cape Newland (58° 30.40' N. lat., 152° 39.50' W. long.), and west of a line at the longitude of Cape Current (152° 28.90' W. long.) north to Shuyak Island;

(6) Offshore West Afognak Section: all waters enclosed by lines extending west along the latitudes of Raspberry Cape (58° 03.58' N. lat.) and Cape Newland (58° 30.40' N. lat.) to midstream of Shelikof Strait, and by lines from Raspberry Cape to Steep Cape to Cape Paramanof to Cape Newland.

(b) North Afognak District: all waters north of the latitude of Cape Newland and east of midstream Shelikof Strait to the latitude of Cape Douglas, east of the longitude of Cape Current, and north of the latitude of Pillar Cape (58° 08.90' N. lat., 152° 06.90' W. long.).

(1) Shuyak Island Section: all waters north of the latitude of Cape Newland, east of the longitude of Cape Current, and north of a line from Cape Current to Tolstoi Point (58° 23.75' N. lat., 152° 07.50' W. long.), to Tonki Cape (58° 21.13' N. lat., 151° 59.20' W. long.), and north of the latitude of Pillar Cape;

(2) Delphin Bay Section: all waters of Delphin Bay south and west of a line from Delphin Point (58° 22.78' N. lat., 152° 26.30' W. long.) to Cape Current;

(3) Perenosa Bay Section: all waters of Perenosa Bay south of a line from Cape Current to Posliedni Point (58° 26.00' N. lat., 152° 19.50' W. long.), excluding the Delphin Bay Section;

(4) Seal Bay Section: all waters of Seal Bay south of a line from Posliedni Point to Tolstoi Point;

(5) Tonki Bay Section: all waters of Tonki Bay south of a line from Tolstoi Point to Tonki Cape.

(c) South Afognak District: all waters north of a line from Pillar Cape (58° 08.90' N. lat., 152° 06.80' W. long.) to Cape Izhut (58° 06.03' N. lat., 152° 20.40' W. long.) to Dolphin Point (57° 59.17' N. lat., 152° 43.42' W. long.) and to Head Point (57° 59.67' N. lat., 152° 46.75' W. long.).

(1) Izhut Bay Section: all waters of Izhut Bay north of 58° 10.60' N. lat.;

(2) Kitoi Bay Section: all waters of Kitoi Bay west of a line from 58° 10.60' N. lat., 152° 17.40' W. long. to 58° 09.53' N. lat., 152° 18.70' W. long.;

(3) MacDonald Lagoon Section: all waters of Izhut Bay south of 58° 10.60' N. lat., the eastern boundary of the Kitoi Bay Section, and a line from Cape Izhut to Pillar Cape;

(4) Danger Bay Section: all waters of Danger Bay north of a line from Cape Kazakof (58° 04.67' N. lat., 152° 37.67' W. long.) to Cape Kostromitinof (58° 05.00' N. lat., 152° 32.75' W. long.);

(5) Litnik Section: all waters of Afognak Bay enclosed by a line from Head Point to Dolphin Point and the longitude of Dolphin Point;

(6) Duck Bay Section: all waters of Marmot Bay enclosed by a line from Cape Izhut to Dolphin Point, by the longitude of Dolphin Point, and by a line from Cape Kazakof to Cape Kostromitinof.

(d) Uganik Bay District: all waters north of the latitude of Cape Kuliuk (57° 48.25' N. lat.) to midstream Shelikof Strait, and south of the latitude of Raspberry Cape to midstream Shelikof Strait, east of midstream Shelikof Strait, and including the waters of Kupreanof Straits west of a line from Inner Point (57° 54.05' N. lat., 152° 47.75' W. long.) to Bird Point (57° 55.33' N. lat., 152° 47.50' W. long.), and south of a line from Occident Point (57° 57.42' N. lat., 152° 51.75' W. long.) to Last Timber Point (57° 58.60' N. lat., 152° 59.05' W. long.).

(1) Kupreanof Section: all waters enclosed by a line from Raspberry Cape to Outlet Cape (57° 59.75' N. lat., 153° 17.50' W. long.) and by lines from Inner Point to Bird Point and from Occident Point to Last Timber Point;

(2) Viekoda Bay Section: all waters of Inner Viekoda Bay east of the longitude of Naugolka Point (57° 53.70' N. lat., 153° 14.10' W. long.);

(3) Terror Bay Section: all waters of Terror Bay and Outer Viekoda Bay enclosed by lines from Raspberry Cape to Cape Uganik and from Raspberry Cape to Outlet Cape, and all waters of West Uganik Passage east of 153° 15.70' W. long.;

(4) Village Islands Section: all waters of Uganik Bay south of a line from Cape Ugat to Cape Uganik (57° 58.00' N. lat., 153° 30.28' W. long.), west of lines from Cape Uganik to East Point (57° 50.50' N. lat., 153° 28.70' W. long.), and west of a line at 153° 26.00' W. long. in Northeast Arm Uganik Bay, and north and west of a line that extends from Mink Point to Packer's Spit at 57° 43.95' N. lat., 153° 30.00' W. long. in East Arm Uganik Bay, and north of the latitude of Mink Point;

(5) West Uganik Passage Section: all waters of West Uganik Passage west of 153° 15.70' W. long., and east of a line from Cape Uganik to East Point;

(6) Northeast Arm Uganik Section: all waters of the Northeast Arm of Uganik Bay east of a line at 153° 26.00' W. long.;

(7) East Arm Uganik Section: all waters of the East Arm of Uganik Bay (Mush Bay) south and east of a line that extends from Packer's Spit at 57° 43.95' N. lat., 153° 30.00' W. long., to Mink Point (57° 43.13' N. lat., 153° 30.10' W. long.);

(8) South Arm Uganik Section: all waters of the South Arm of Uganik Bay south of the latitude of Mink Point;

(9) Outer Uganik Section: all waters south of the latitude of Raspberry Cape, north of the latitude of Cape Kuliuk, east of midstream of Shelikof Strait, and west of a line from Cape Uganik to Cape Ugat (57° 52.33' N. lat., 153° 50.92' W. long.).

(e) Uyak District: all waters south of the latitude of Cape Kuliuk to midstream of Shelikof Strait and north of the latitude of Cape Karluk to midstream of Shelikof Strait, and east of midstream of Shelikof Strait and including all of Uyak Bay.

(1) Offshore Uyak Section: all waters south of the latitude of Cape Kuliuk to midstream Shelikof Strait and north of the latitude of Cape Karluk (57° 34.70' N. lat.) to midstream Shelikof Strait, east of midstream Shelikof Strait, and west of a line from Cape Kuliuk to Rocky Point (57° 39.78' N. lat., 154° 13.90' W. long.);

(2) Harvester Island Section: all waters north of the latitude of Carlsen Point (57° 34.70' N. lat.), west of the longitude of Carlsen Point (153° 50.15' W. long.), and south of a line from Cape Kuliuk to Rocky Point (57° 39.78' N. lat., 154° 13.90' W. long.);

(3) Inner Uyak Bay Section: all waters of Inner Uyak Bay south of the latitude of Carlsen Point, excluding the Larsen Bay and Browns Lagoon Sections;

(4) Larsen Bay Section: all waters of Larsen Bay west of 153° 58.50' W. long.;

(5) Browns Lagoon Section: that portion of the Inner Uyak Bay Section in Amook Pass south of a line from the northern tip of Amook Island to Carlsen Point, and north of the latitude of the southern tip of Amook Island;

(6) Zachar Bay Section: all waters of Zachar Bay east of 153° 50.00' W. long.;

(7) Spiridon Bay Section: all waters of Spiridon Bay east of 153° 50.00' W. long.

(f) Sturgeon-Halibut Bay District: all waters south of the latitude of Cape Karluk to midstream Shelikof Strait, and north of a line from Cape Ikolik (57° 17.43' N. lat.) to midstream of Shelikof Strait (57° 22.00' N. lat. and 155° 25.00' W. long.), and east of midstream Shelikof Strait, and including all bays from Cape Ikolik to Cape Karluk.

(g) Alitak Bay District: all waters east of the longitude of Cape Ikolik (154° 47.50' W. long.), west of the longitude of Black Point (153° 18.65' W. long.), and south of a line from Black Point (56° 59.50' N. lat., 153° 18.65' W. long.) to Cape Kiavak (57° N. lat., 153° 32.50' W. long.).

(1) Outer Alitak Bay Section: all waters encompassed by lines east of the longitude of Cape Ikolik, west of the longitude of Black Point, south of a line from Black Point to the northernmost tip of Twoheaded Island, from the southernmost tip of Twoheaded Island to the easternmost tip of Aiaktalik Island, from the westernmost tip of Aiaktalik Island to Cape Trinity, and northwest to Cape Alitak (56° 50.58' N. lat., 154° 18.50' W. long.);

(2) Inner Alitak Bay Section: all waters enclosed by a line from Cape Alitak to Cape Trinity south of a line across the Olga Narrows at 57° 03.38' N. lat., and south of 56° 58.02' N. lat., in Alitak Bay;

(3) Inner Deadman Bay Section: all waters of Deadman Bay north of 57° 05.00' N. lat.;

(4) Outer Deadman Bay Section: all waters north of a 56° 58.02' N. lat., in Alitak Bay, and south of 57° 05.00' N. lat.;

(5) repealed 4/25/2008;

(6) Sulua Bay Section: all waters of Sulua and Portage Bays east of 153° 57.90' W. long.;

(7) Lower Olga Bay Section: all waters of Lower Olga Bay south of a line across the entrance of Upper Olga Bay at 57° 07.30' N. lat., and north of a line across the Olga Narrows at 57° 03.38' N. lat.;

(8) East Upper Olga Bay Section: all waters of Olga Bay north of a line across the entrance of Upper Olga Bay at 57° 07.30' N. lat. and east of a line across Upper Olga Bay at 154° 16.06' W. long.;

(9) West Upper Olga Bay Section: all waters of Upper Olga Bay west of a line across Upper Olga Bay at 154° 16.06' W. long.;

(10) Geese-Twoheaded Section: all waters encompassed by lines from Cape Trinity to the westernmost tip of Aiaktalik Island, from the easternmost tip of Aiaktalik Island to the southernmost tip of Twoheaded Island, from the northernmost tip of Twoheaded Island to Black Point, and south of a line from Black Point (56° 59.50' N. lat., 153° 18.65' W. long.) to Cape Kiavak (57° N. lat., 153° 32.50' W. long.).

(h) Eastside District: all waters south of the latitude of Narrow Cape, extending east to 150° W. long., and north and east of a line from Black Point to Cape Kiavak.

(1) Kaiugnak Section: all waters of Kaiugnak and Kiavak Bays west of a line from Cape Kasiak to Cape Kiavak;

(2) Southwest Sitkalidak Section: all waters of West Sitkalidak Strait and associated bays enclosed by a line north of Cape Kiavak to Black Point, east of a line from Cape Kiavak to Cape Kasiak, and south of a line from Cape Kasiak to Natalia Point, including all waters of Natalia Bay;

(3) Three Saints Bay Section: all waters of Three Saints Bay west of a line from Cape Kasiak to Cape Liakik;

(4) Newman Bay Section: all waters of Newman Bay and a part of Sitkalidak Strait enclosed by a line north of Natalia Point to Cape Kasiak, east of a line from Cape Kasiak to Cape Liakik, and south of the latitude of Cape Liakik at 57° 06.73' N. lat.;

(5) West Sitkalidak Section: all waters of West Sitkalidak Strait west of 153° 16.55' W. long. and north of the latitude of Cape Liakik at 57° 06.73' N. lat., excluding the Barling Bay Section;

(6) Barling Bay Section: all waters of Barling Bay west of a line from the northern entrance at 57° 11.65' N. lat., 153° 19.08' W. long. to Barling Spit at 57° 10.20' N. lat., 153° 21.68' W. long.;

(7) East Sitkalidak Section: all waters of East Sitkalidak Strait and associated bays enclosed by a line from Left Cape (57° 15.40' N. lat., 152° 56.52' W. long.) to Cape Barnabas (57° 09.07' N. lat., 152° 52.20' W. long.) and east of 153° 16.55' W. long., excluding the Tanginak Anchorage Section;

(8) Tanginak Anchorage Section: all waters of MacDonald Lagoon and Tanginak Anchorage south of the latitude of Lagoon Point (57° 11.37' N. lat., 153° 03.75' W. long.);

(9) Outer Sitkalidak Section: all waters east of the longitude of Black Point, south of the latitude of Narrow Cape, and east of lines from Cape Barnabas to Dangerous Cape, and from Dangerous Cape to Narrow Cape;

(10) Boulder Bay Section: all waters of Outer Kiliuda, Santa Flavia, and Boulder Bays enclosed by a line from Dangerous Cape to Cape Barnabas to Left Cape to Shearwater Point to Pillar Point;

(11) Shearwater Section: all waters of Shearwater Bay east of a line from Shearwater Point (57° 19.80' N. lat., 152° 58.50' W. long.) to Pillar Point (57° 19.22' N. lat., 152° 54.95' W. long.);

(12) Outer Kiliuda Bay Section: all waters of Kiliuda Bay west of a line from Left Cape to Shearwater Point, and east of a line from a point at 57° 18.63' N. lat., 153° 05.95' W. long. to a point at 57° 17.82' N. lat., 153° 06.95' W. long.;

(13) Inner Kiliuda Bay Section: all waters of Kiliuda Bay west of a line from a point at 57° 18.63' N. lat., 153° 05.95' W. long. to a point at 57° 17.82' N. lat., 153° 06.95' W. long.;

(14) Inner Ugak Bay Section: all waters of Ugak Bay west of 152° 49.00' W. long.;

(15) Outer Ugak Bay Section: all waters of Ugak Bay east of 152° 49.00' W. long., and north and west of a line from Dangerous Cape to Narrow Cape, excluding the Pasagshak Section;

(16) Pasagshak Bay Section: all waters of Pasagshak Bay north and east of a line from 57° 26.00' N. lat., 152° 31.15' W. long. to 57° 25.00' N. lat., 152° 29.40' W. long.

(i) Northeast District: all waters north of the latitude of Narrow Cape, including Chiniak Bay, and east of a line from Spruce Cape to Pillar Cape, and south of the latitude of Pillar Cape.

(1) Womens Bay Section: all waters of Womens Bay south and west of a line from Cliff Point (57° 43.50' N. lat., 152° 26.52' W. long.) to the terminus of Buskin River;

(2) Kalsin Bay Section: all waters of Kalsin Bay south and west of a line from Cape Chiniak (57° 37.55' N. lat., 152° 09.28' W. long.) to Broad Point;

(3) Middle Bay Section: all waters of Middle Bay south and west of a line from Broad Point to Cliff Point;

(4) Inshore Chiniak Section: all waters of Chiniak Bay enclosed by lines from Cape Chiniak to Broad Point to Cliff Point to the terminus of Buskin River, and from Spruce Cape to Pillar Cape to Cape Chiniak;

(5) Offshore Chiniak-Marmot Section: all waters east of a line from Pillar Cape to Cape Chiniak, south of the latitude of Pillar Cape and north of the latitude of Narrow Cape.

(j) Inner Marmot Bay District: all waters east of a line from Spruce Cape to Pillar Cape, south of a line from Pillar Cape to Cape Izhut to Dolphin Point, and east of a line from Bird Point to Inner Point.

(1) Monashka-Mill Bay Section: all waters of Monashka Bay and Mill Bay west of a line from Termination Point (57° 51.37' N. lat., 152° 24.15' W. long.) to Spruce Cape (57° 49.57' N. lat., 152° 19.62' W. long.);

(2) Anton Larsen Bay Section: all waters of Anton Larsen Bay south of a line from Kizhuyak Point (57° 55.02' N. lat., 152° 38.20' W. long.) to Crag Point (57° 52.75' N. lat., 152° 40.00' W. long.);

(3) Sharatin Bay Section: all waters of Sharatin Bay south of a line from Crag Point to Kekur Point (57° 51.48' N. lat., 152° 47.15' W. long.);

(4) Kizhuyak Bay Section: all waters of Kizhuyak Bay west of a line from Kekur Point to Inner Point (57° 54.05' N. lat., 152° 47.75' W. long.);

(5) Spruce Island Section: all waters of Marmot Bay and adjacent bays and islands enclosed by a line from Spruce Cape to Pillar Cape to Cape Izhut to Dolphin Point to Inner Point to Kekur Point to Crag Point to Kizhuyak Point.

(k) North Mainland District: all waters south of the latitude of Cape Douglas (58° 51.10' N. lat.), west of midstream Shelikof Strait, and north of the latitude of Cape Ilktugidak (58° 35.00' N. lat., 154° 01.15' W. long.).

(1) Hallo Bay Section: all waters south of the latitude of Cape Douglas to midstream of Shelikof Strait, and north of the latitude of Cape Nukshak (58° 23.50' N. lat., 153° 58.95' W. long.), and east to midstream of Shelikof Strait;

(2) Inner Kukak Section: all waters west of a line from Cape Nukshak to Cape Gull (58° 13.05' N. lat., 154° 08.65' W. long.);

(3) Outer Kukak Section: all waters east of a line from Cape Nukshak to Cape Gull, and east of the latitudes of Cape Nukshak and Cape Gull to midstream of Shelikof Strait;

(4) Missak Section: all waters south of the latitude of Cape Gull east to midstream of Shelikof Strait, and north of the latitude of Cape Ilktugitak to midstream of Shelikof Strait.

(l) Mid Mainland District: all waters south of the latitude of Cape Ilktugidak, west of midstream Shelikof Strait, and north of the latitude of Cape Igvak.

(1) Inner Katmai Section: all waters north and west of a line from Cape Ilktugitak (58° 01.12' N. lat., 154° 35.05' W. long.) to Cape Kubugakli (57° 53.83' N. lat., 155° 03.70' W. long.);

(2) Outer Katmai Section: all waters encompassed by the latitude of Cape Ilktugitak east to midstream of Shelikof Strait, the latitude of Cape Kekurnoi east to midstream of Shelikof Strait, west of midstream of Shelikof Strait, east of lines from Cape Ilktugitak to Cape Kubugakli, and from Cape Kubugakli to Cape Kekurnoi (57° 43.45' N. lat., 155° 18.05' W. long.);

(3) Alinchak Section: all waters west of a line from Cape Kubugakli to Cape Kekurnoi;

(4) Puale Bay Section: all waters west of a line from Cape Kekurnoi to Cape Unalishagvak (57° 32.70' N. lat., 155° 43.83' W. long.);

(5) Portage Bay Section: all waters west of a line from Cape Unalishagvak to Cape Igvak (57° 26.05' N. lat., 156° 01.43' W. long.);

(6) Outer Portage-Puale Section: all waters east of lines from Cape Kekurnoi to Cape Unalishagvak and from Cape Unalishagvak to Cape Igvak, and north of a line that extends from Cape Igvak east to midstream of Shelikof Strait at 57° 22.00' N. lat. and 155° 25.00' W. long., and south of a line from the latitude of Cape Kekurnoi east to midstream of Shelikof Strait.

(m) South Mainland District: all waters enclosed by a line north of the latitude of 55° 30.00' N. lat., west of the longitude of Cape Ikolik, south of a line from Cape Ikolik to Cape Igvak, and east of a line extending south from the southern entrance of Imuya Bay near Kilokak Rocks at 57° 10.34' N. lat., 156° 20.22' W. long.

(1) Wide Bay Section: all waters west of a line from Cape Igvak to Cape Kayakliut (57° 17.65' N. lat., 156° 19.00' W. long.);

(2) Lower Shelikof Section: all waters enclosed east of a line from Cape Igvak to Cape Kayakliut, east of the longitude of Kilokak Rocks, west of the longitude of Cape Ikolik, and south of a line from Cape Igvak to Cape Ikolik.

History

Authority: AS 16.05.251

5 AAC 27.506 Use of global positioning system (GPS) {#sec-5-aac-27.506 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.506}

History

Authority: AS 16.05.251
Eff. 4/9/2005, Register 174

5 AAC 27.510 Fishing seasons and periods for Kodiak Area {#sec-5-aac-27.510 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.510}

(a) Unless otherwise provided by emergency order, herring may be taken during the A, B, and C sac roe season from April 1 through February 28 as follows:

(1) fishing periods for purse seines are from 9:00 a.m. until 9:00 p.m.;

(2) from April 2 through June 30, the fishing periods for gillnets are from 12:00 p.m. on even-numbered days until 12:00 p.m. on odd-numbered days;

(3) in the A season, herring may be taken from April 1 through June 30;

(4) in the B season, herring may be taken from July 1 through October 25;

(5) in the C season, herring may be taken from December 1 through January 10;

(6) after April 30, a CFEC permit holder must register with the department before participating in the sac roe herring fishery.

(b) Unless otherwise provided by emergency order, herring may be taken during the food and bait season from October 26 through February 28 as follows:

(1) in the A season, herring may be taken from October 26 through November 30;

(2) in the B season, herring may be taken from January 11 through February 28;

(3) a CFEC permit holder must register with the department before participating in the food and bait fishery.

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 27.515 Lawful gear for Kodiak Area {#sec-5-aac-27.515 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.515}

(a) Herring may be taken only by seines, gillnets and trawls, except that beach seines and trawls may not be used to take herring during the sac roe season.

(b) A herring fishing vessel may operate or assist in operating, or have on board it, only one legal limit of herring fishing gear in the aggregate, except that

(1) a herring fishing vessel may tow or transport another herring fishing vessel containing those vessels' own gear; and

(2) parts of gear used in other management areas may be on board the vessel if those parts of gear are stowed below the deck of the vessel while that vessel is in the Kodiak Area.

(d) A purse seine, hand purse seine or beach seine may not be fished simultaneously with gillnet gear by any person or vessel.

(e) Herring fishing nets shall be measured, either wet or dry, by determining the maximum length of cork line when the net is fully extended with traction applied at one end only.

(f) The interim-use or entry permit holder is responsible for operation of the net.

(g) The use of leads with any net gear used for commercial herring fishing is prohibited during the herring sac roe season.

History

Authority: AS 16.05.251

5 AAC 27.520 Gillnet specifications and operations for Kodiak Area {#sec-5-aac-27.520 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.520}

(a) The aggregate length of herring gillnets in use by any herring CFEC permit holder may not exceed 150 fathoms.

(b) The interim-use or entry permit holder must be physically present while the gillnet is being fished.

(c) Each drift gillnet in operation must have a buoy at one end and the opposite end must be attached to the fishing vessel. Each set gillnet in operation must be anchored and buoyed at both ends. All buoys must be at least 10 inches in diameter and all buoys used on an individual gillnet must be of the same color. Each buoy must be plainly and legibly marked with the permanent vessel license plate number (ADF&G number) of the vessel operating the gear. The buoy may bear only a single number, and this number must be that of the vessel used in operating the gear. The number must be painted on the top one-third of the buoy in numerals at least four inches in height, one-half inch in width, and in a color contrasting to that of the buoy. The buoy markings must be visible on the buoy above the water surface. Set gillnets must have a buoy spaced every 25 fathoms along the net and the buoys must be floating on the surface of the water.

(d) Herring gillnets may remain in the water for up to four hours after the announced closing time for any opening of three hours or less fishing time. No herring gillnets may be set or reset after a closure time. Herring gillnets may remain in the water for up to four hours after an emergency order closure if that closure is announced by the department less than three hours before the closure time. No herring gillnet may remain in the water past the 12:00 noon closure on even-numbered days described in 5 AAC 27.510.

(e) From April 1 through July 31, a herring gillnet may not exceed 230 meshes in depth.

History

Authority: AS 16.05.251

5 AAC 27.525 Seine specifications and operations for Kodiak Area {#sec-5-aac-27.525 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.525}

(a) From April 1 through July 1, a purse seine may not exceed 18 fathoms stretch measure in depth or 100 fathoms in length. The depth shall be determined by using a stretch measure of the web from the cork line to the bottom of the net, including lines that hang below the lead line.

(b) Repealed 4/14/82.

(c) From July 1 through February 28, a purse seine may not be more than 1,625 meshes in depth, including meshes used as chafing gear, or more than 150 fathoms in length.

(d) From April 1 through July 31, an Area K CFEC sac roe seine permit holder may use only one vessel to take herring - either the vessel identified on the holder's permit or a replacement vessel that the holder has registered, in person, at the department's Kodiak office. Only one seine vessel at a time may be registered as a replacement vessel.

(e) From March 1 through April 13, a person may make practice purse seine sets from a purse seine vessel in the Kodiak Area within one-half mile of the Sealand dock. All fish caught shall be immediately released back to the water unharmed.

History

Authority: AS 16.05.060

5 AAC 27.530 Waters closed to herring fishing in Kodiak Area {#sec-5-aac-27.530 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.530}

(a) During the period July 1 through October 31, herring may not be taken in waters described in 5 AAC 18.350 and 5 AAC 39.290.

(b) During the commercial herring sac roe fishing season, herring may not be taken in the waters of Womens Bay enclosed by a line from Shannon's Point (57° 43.80' N. lat., 152° 31.60' W. long.) to Nymans Peninsula (57° 43.30' N. lat., 152° 31.40' W. long.).

(c) During the period from April 15 through June 30, or later if the season is extended by emergency order, herring may not be taken in the waters of Browns Lagoon.

(d) During the period from April 15 through June 30, herring may not be taken in the following waters of Uganik Island:

(1) south and west of a line from 57° 51.10' N. lat., 153° 13.53' W. long. to 57° 52.12' N. lat., 153° 15.00' W. long.;

(2) north of a line from 57° 49.37' N. lat., 153° 17.65' W. long. to 57° 49.47' N. lat., 153° 19.30' W. long.;

(3) east of a line from 57° 50.85' N. lat., 153° 19.18' W. long. to 57° 50.07' N. lat., 153° 19.18' W. long.

History

Authority: AS 16.05.251

5 AAC 27.531 Gillnet specifications and operation {#sec-5-aac-27.531 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.531}

Repealed 4/15/81.

5 AAC 27.532 Seine specifications and operation {#sec-5-aac-27.532 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.532}

Repealed 4/15/81.

5 AAC 27.535 Harvest strategies for Kodiak Area {#sec-5-aac-27.535 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.535}

(a) Repealed 6/5/2020.

(b) The department shall establish guideline harvest levels for the herring food and bait fisheries for the Kodiak Area, which may not exceed 20 percent of the guideline harvest level of that section in the previous sac roe season. The Shuyak Island, Offshore West Afognak, Outer Uganik, Offshore Uyak, Hallo Bay, Outer Kukak, and Missak Sections may not open for the food and bait fishery.

(c) The department shall manage the districts of the food and bait herring fishery, so that the harvest does not exceed the combined sum of the guideline harvest levels of the individual sections of a district. The department may manage the food and bait fishery, including the Shelikof Strait fishery, by section of a district, if the harvest location, age class composition of the harvest, or biomass estimates indicate a harvest has occurred on a single herring spawning stock.

(d) Repealed 6/5/2020.

(e) The department shall manage the sac roe herring fishery as follows; the commissioner shall issue emergency orders as necessary:

(1) based on the department's assessment of

(A) biomass, recent spawning areas, and status of a herring stock in a bay or complex of bays, adjacent sections may be combined and managed as a single section;

(B) effort levels, harvest rates, and the department's ability to monitor the fishery, the length of the fishing periods for either or both gear types may be increased or reduced; and

(2) except as provided in (4) of this subsection, the department shall establish guideline harvest levels each year by section based on information such as historical data, current and past fishery performance, sampling of commercial catches, and aerial surveys;

(A) Repealed 6/5/2020;

(B) Repealed 6/5/2020;

(D) Repealed 6/5/2020;

(3) an individual section shall be closed to fishing once that section's guideline harvest level has been achieved; the guideline harvest level for an individual section may be adjusted downward inseason depending on observed stock abundance; the department may make adjustments in the management of a section based on inseason changes in fish behavior or harvest patterns; these changes may result in an adjacent section closure;

(4) a section that does not have an extensive history of sac roe and food and bait production may be designated as exploratory with no specified guideline harvest level; permit holders for either gear type may fish in an exploratory section; a section listed as exploratory under this paragraph may be opened or closed, based on inseason information such as observed stock abundance, harvest levels, and changes in fish behavior or harvest patterns, including such changes in adjacent sections;

(5) a section that has been closed because its guideline harvest level has been achieved may be reopened, if the department determines that additional herring arriving on the grounds have increased the available biomass to the point that the initial exploitation rate has dropped below 10 percent for that stock; any reopening will require information indicating that juvenile herring, post spawners, or other forage fish are not present and that the department has the ability to monitor and regulate the reopening on the grounds; the department shall give at least 24 hours' advance notice before a section is reopened under this paragraph;

(6) the Kodiak herring sac roe fishery is intended to occur in an orderly fashion, with minimal waste of resource and within conservation limits as determined by the department, while striving for the highest quality product;

(7) in this subsection, "section" means a section as described in 5 AAC 27.505.

(f) 1,000 tons of the sac roe herring guideline harvest level shall be reserved for the C season as set out under 5 AAC 27.510(a).

(g) The sac roe herring B season as set out under 5 AAC 27.510(a) shall begin on July 1. Up to 35 percent of the unharvested sac roe herring A season guideline harvest level shall be rolled into the B season unless the department determines that the available biomass assessed in the A season is not large enough to support an exploitation of at least 10 percent.

(h) The sac roe herring C as set out under 5 AAC 27.510(a) season shall begin on December 1 with a guideline harvest level of 1,000 tons. Unharvested guideline harvest levels from the A and B season shall be rolled into the C season unless the department determines the available biomass assessed in the A season is not large enough to support an exploitation of at least 10 percent.

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 27.536 Size limits for Kodiak Area {#sec-5-aac-27.536 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.536}

A CFEC herring seine permit holder may not sell or have aboard a vessel any herring that were taken during the herring sac roe season if the number of individual herring per 50 pounds of net weight exceeds 250 fish.

History

Authority: AS 16.05.251
Eff. 6/2/88, Register 106; am 5/31/98, Register 146

5 AAC 27.540 Buyer and tender reporting requirements for Kodiak Area {#sec-5-aac-27.540 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.540}

(a) In addition to the requirements of 5 AAC 39.130(n), a tender operator, buyer, or the tender operator or buyer's agent shall report in person to and register with a local representative of the department upon arrival in the registration area before commencing operations and before changing location of the operation. The buyer or the buyer's agent shall

(2) make daily reports of all herring purchased from fishermen and other processing records as specified by a local representative of the department; and

(b) At the time herring are received from a CFEC permit holder in the Kodiak Area each buyer of herring, each fisherman selling to a buyer not licensed to process fish (catcher-seller), and each person or company that catches and processes that person's or company's own catch or has that catch processed by another person or company, shall, in addition to the requirements of 5 AAC 39.130(c), at the request of the CFEC permit holder record on a herring fish ticket, the following information:

(1) the on-the-fishing ground weight of herring measured by the most efficient method possible, such as dump boxes, scales or totes, with weight in tons and pounds; and

(2) estimated roe percentage of the herring as determined by a regular sampling of the catch; the sampling shall test 10 kilograms of herring for each five to 10 tons of herring delivered.

History

Authority: AS 16.05.251

5 AAC 27.545 Harvest of bait by commercial permit holders in Kodiak Area {#sec-5-aac-27.545 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.545}

The holder of a valid CFEC interim use or limited entry permit may take but may not sell herring for use as bait in the commercial fishery for which the permit is held as follows:

(1) herring may only be taken under the authority of a herring bait fishing permit issued by the commissioner or the commissioner's designee;

(2) herring may only be taken by gillnet, mechanical jigging machine, hand troll, and purse seine gear;

(3) from April 12 through July 3, a vessel, crewmember, or permit holder that participates in the Kodiak commercial herring sac roe fishery may not take herring under this section in the Kodiak Area;

(4) person may not take more than 1,000 pounds of herring in a calendar year.

History

Authority: AS 16.05.251
Eff. 5/4/2002, Register 162; am 4/21/2011, Register 198

Article 9 Chignik Area (Registration Area L)

5 AAC 27.550 Description of Chignik Area {#sec-5-aac-27.550 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.550}

History

Authority: AS 16.05.251

5 AAC 27.555 Description of Chignik Area districts {#sec-5-aac-27.555 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.555}

Districts are as described in 5 AAC 15.200.

History

Authority: AS 16.05.251(a)

5 AAC 27.556 Use of global positioning systems (GPS) {#sec-5-aac-27.556 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.556}

History

Authority: AS 16.05.251
Eff. 3/13/2005, Register 173

5 AAC 27.560 Fishing seasons and weekly fishing periods for Chignik Area {#sec-5-aac-27.560 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.560}

(a) Herring may be taken from April 15 through June 30 (sac roe season) and from August 15 through February 28 (food and bait season).

(b) Herring may be taken only during periods established by emergency order.

(c) A CFEC permit holder must register with the department before participating in the sac roe fishery and the food and bait fishery.

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 27.565 Lawful gear for Chignik Area {#sec-5-aac-27.565 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.565}

(a) Herring may be taken only by purse seines.

(b) A herring fishing vessel may operate or assist in operating only one legal limit of herring fishing gear in the aggregate.

(d) Herring fishing nets shall be measured, either wet or dry, by determining the maximum length of cork line when the net is fully extended with traction applied at one end only.

(e) The interim-use or entry permit holder is responsible for operation of the net.

(f) The use of leads with any net gear used for commercial herring fishing is prohibited during the herring sac roe season.

History

Authority: AS 16.05.251(a)

5 AAC 27.575 Seine specifications and operations for Chignik Area {#sec-5-aac-27.575 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.575}

A purse seine may not be more than 1,000 meshes in depth or more than 100 fathoms in length.

History

Authority: AS 16.05.251

5 AAC 27.580 Waters closed to herring fishing in Chignik Area {#sec-5-aac-27.580 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.580}

During the period June 12 through October 31, herring may not be taken in waters described in 5 AAC 15.350 and 5 AAC 39.290.

History

Authority: AS 16.05.251(a)

5 AAC 27.590 Buyer and tender reporting requirements for Chignik Area {#sec-5-aac-27.590 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.590}

In addition to the requirements of 5 AAC 39.130(n), each tender operator and each buyer or the tender operator or buyer's agent shall report in person to and register with a local representative of the department upon arrival in the registration area before commencing operations and before changing location of the operation. The buyer or the buyer's agent shall

(2) make daily reports of all herring purchased from fishermen, and other processing records as specified by a local representative of the department; and

(3) submit fish tickets before departure from the area and no later than 10 days after termination of buying operations in the area, or as otherwise specified by a local representative of the department.

History

Authority: AS 16.05.251

Article 10 Alaska Peninsula-Aleutian Islands Area (Registration Area M)

5 AAC 27.600 Description of Alaska Peninsula-Aleutian Islands Area {#sec-5-aac-27.600 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.600}

The Alaska Peninsula-Aleutian Islands Area includes all waters bound on the east by a line extending southeast (135°) from the southernmost tip of Kupreanof Point, on the west by the International Date Line, and on the north by a line extending west from the westernmost tip of Cape Menshikof.

History

Authority: AS 16.05.251

5 AAC 27.605 Description of Alaska Peninsula-Aleutian Islands Area districts and sections {#sec-5-aac-27.605 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.605}

(a) Sand Point District: all waters on the south (Pacific) side of the Alaska Peninsula west of a line extending 135° from Kupreanof Point (55° 33.98' N. lat., 159° 35.88' W. long.), and east of 160° 59.00' W. long. (longitude of McGinty Point). Sections are as follows:

(1) Stepovak Bay Section: all waters of the Sand Point District located west of a line extending 135° from Kupreanof Point (55° 33.98' N. lat., 159° 35.88' W. long.), north of a line from approximately two nautical miles south of 135° from Kupreanof Point, west to 55° 32.20' N. lat., 160° 02.60' W. long., (approximately one nautical mile north of Karpa Island), and west to 55° 26.00' N. lat., 160° 31.50' W. long., (approximately two nautical miles south of the longitude of Swedania Point (160° 31.50' W. long.);

(2) Swedania Point-Balboa Bay Section: all waters of the Sand Point District located between 160° 31.50' W. long. and 160° 49.00' W. long., and north of 55° 26.00' N. lat.;

(3) Point Aliaksin-Beaver Bay Section: all waters of the Sand Point District located between 160° 49.00' W. long. and 160° 59.00' W. long., and north of 55° 26.00' N. lat.;

(4) General Section: all other waters of the Sand Point District.

(b) Pavlof District: all waters on the south (Pacific) side of the Alaska Peninsula between 160° 59.00' W. long. and a line extending 150° from 55° 05.90' N. lat., 161° 59.00' W. long. through Inner and Outer Iliasik Islands, including Bear and Volcano Bays. Sections are as follows:

(1) Canoe Bay Section: all waters of Canoe Bay east of 161° 21.75' W. long.;

(2) Pavlof Bay Section: all waters of Pavlof Bay north of 55° 21.60' N. lat. (latitude of Cape Tolstoi), excluding the Canoe Bay and Seal Cape-Wosnesenski Sections;

(3) Seal Cape-Wosnesenski Section: all waters of the Pavlof District located between 160° 59.00' W. long. and 161° 30.00' W. long. (longitude of Cape Tolstoi);

(4) General Section: all other waters of the Pavlof District.

(c) King Cove District: all waters of the south (Pacific) side of the Alaska Peninsula between a line extending 150° from 55° 05.90' N. lat., 161° 59.00' W. long. through Inner and Outer Iliasik Islands and 163° 30.00' W. long., including waters of Isanotski Strait south of a line from Nichols Point to the False Pass Dock. Sections are as follows:

(1) Belkofski Section: all waters of the King Cove District east of 162° 15.00' W. long. (longitude of Bold Cape);

(2) Deer Passage Section: all waters of the King Cove District between 162° 15.00' W. long. (longitude of Bold Cape) and 162° 24.80' W. long. (longitude of Vodapoini Point), and north of 54° 55.00' N. lat., excluding all waters of Lenard Harbor;

(3) Cold Bay Section: all waters of the King Cove District bounded by a line from Thin Point to Vodapoini Point;

(4) General Section: all other waters of the King Cove District.

(d) Unimak District: all waters on the southside of Unimak Island between 163° 30.00' W. long. and the longitude of Scotch Cap Light.

(e) Akutan District: all waters extending west of Unimak Island to and including Akutan Pass.

(f) Unalaska District: all waters west of Akutan Pass to and including Umnak Pass. Sections are as follows:

(1) Unalaska Bay Section: all waters of the Unalaska Bay District enclosed by a line from Priest Rock at 54° 00.48' N. lat., 166° 22.67' W. long. to Cape Cheerful at 54° 00.58' N. lat., 166° 38.30' W. long.;

(2) General Section: all waters of the Unalaska District not included in the Unalaska Bay Section.

(g) Umnak District: all waters west of Umnak Pass to and including Atka Pass.

(h) Adak District: all waters west of Atka Pass to the terminus of the Aleutian Islands.

(i) Amak District: all Bering Sea waters between the longitude of Cape Lieskof (162° 04.00' W. long.) and the longitude of Cape Sarichef Light, including all waters of Bechevin Bay and Isanotski Strait north of a line from the False Pass Cannery dock to the tip of Nichols Point.

(j) Port Moller District: all Bering Sea waters between the longitude of Cape Lieskof (162° 04.00' W. long.) and the longitude of Cape Seniavin (160° 08.80' W. long.). Sections are as follows:

(1) Western Section: all waters of the Port Moller District west of the longitude of Wolf Point on Walrus Island, excluding the waters of Herendeen Bay and Deer Island-Mud Bay Sections;

(2) Deer Island-Mud Bay Section: all waters of the Port Moller District bounded by a line from the northernmost tip of Point Edward to the southernmost tip of Wolf Point on Walrus Island to Point Divide (55° 53.10' N. lat., 160° 47.30' W. long.) to the northernmost tip of Black Point;

(3) Herendeen Bay Section: all waters of Herendeen Bay south of a line from the northernmost tip of Black Point to Point Divide (55° 53.10' N. lat., 160° 47.30' W. long.);

(4) Inner Port Moller Bay Section: all waters of Port Moller Bay enclosed by a line from Point Divide (55° 53.10' N. lat., 160° 47.30' W. long.) to Harbor Point (55° 54.90' N. lat., 160° 34.70' W. long.);

(5) Outer Port Moller Bay Section: all waters of the Port Moller District south and east of a line from Point Divide (55° 53.10' N. lat., 160° 47.30' W. long.) to the southernmost tip of Wolf Point on Walrus Island to the southernmost tip of Entrance Point (55° 58.70' N. lat., 160° 34.80' W. long.);

(6) Bear River Section: all Bering Sea waters between the longitude of Cape Seniavin (160° 08.80' W. long.), and the longitude of Wolf Point (160° 48.47' W. long.) on Walrus Island, excluding the waters of the Herendeen Bay, Deer Island-Mud Bay, Outer Port Moller Bay, and Inner Port Moller Bay Sections.

(k) Port Heiden District: all Bering Sea waters between the longitude of Cape Seniavin (160° 08.80' W. long.) and the latitude of Cape Menshikof (57° 31.33' N. lat.).

History

Authority: AS 16.05.251

5 AAC 27.606 Use of global positioning system (GPS) {#sec-5-aac-27.606 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.606}

In the Aleutian Island-Alaska Peninsula Area herring fishery, boundaries, lines, and coordinates are identified with the global positioning system (GPS). If the global positioning system is not operating, the boundaries, lines, and coordinates are as identified by ADF&G regulatory markers.

History

Authority: AS 16.05.251
Eff. 6/4/2004, Register 170

5 AAC 27.610 Fishing seasons and periods for Alaska Peninsula-Aleutian Islands Area {#sec-5-aac-27.610 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.610}

(a) In the Sand Point, Pavlof, King Cove, Amak, Port Moller, and Port Heiden Districts, herring may be taken from April 15 through July 15 (sac roe season) only during fishing periods established by emergency order.

(b) Repealed 4/2/88.

(d) Repealed 5/31/98.

(e) In the Unimak, Akutan, Unalaska, Umnak, and Adak Districts, herring may be taken only during fishing periods established by emergency order as follow:

(1) in the sac roe fishery, from April 15 through 12:00 noon, June 24;

(2) in the food and bait fishery,

(A) by gillnets and purse seines, from 12:00 noon June 24 through February 28;

(B) repealed 5/31/2019.

(f) A CFEC permit holder must register with the department before participating in the food and bait fishery.

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 27.630 Lawful gear for Alaska Peninsula-Aleutian Islands Area {#sec-5-aac-27.630 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.630}

Herring may be taken only by purse seines and gillnets.

History

Authority: AS 16.05.251

5 AAC 27.631 Gillnet specifications and operations for Alaska Peninsula-Aleutian Islands Area {#sec-5-aac-27.631 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.631}

(a) In the herring gillnet fishery, the aggregate length of gillnets operated by a CFEC permit holder may not exceed 150 fathoms.

(b) The interim-use or entry permit holder must be physically present while the gillnet is being fished.

(c) Each drift gillnet in operation must have a buoy at one end and the opposite end must be attached to the fishing vessel. Each set gillnet in operation must be anchored and buoyed at both ends. Each buoy must be plainly and legibly marked with the permanent vessel license plate number (ADF&G number) of the vessel operating the gear. The buoy may bear only a single number and this number must be that of the vessel used in operating the gear. The numbers must be painted on the top one-third of the buoy in numerals at least four inches in height, one-half inch in width and in a color contrasting to that of the buoy. The buoy markings must be visible on the buoy above the water surface.

(d) In the Akutan and Unalaska Districts, notwithstanding 5 AAC 27.050(c), gillnet mesh sizes up to three and one-half inches may be used.

History

Authority: AS 16.05.251

5 AAC 27.632 Seine specifications and operations for Alaska Peninsula-Aleutian Islands Area {#sec-5-aac-27.632 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.632}

During the herring sac roe season, a purse seine may not be more than 1,000 meshes in depth and more than 100 fathoms in length. During the herring food and bait season, a purse seine may not be more than 250 fathoms in length.

History

Authority: AS 16.05.251

5 AAC 27.640 Registration {#sec-5-aac-27.640 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.640}

In the Alaska Peninsula-Aleutian Islands Area, at least 48 hours before fishing, a commercial herring permit holder for seine or gillnet gear must register with the department the permit and the vessel that will be used in the commercial herring fishery by contacting, by telephone, the local representative of the department at one of the following department offices and supplying all requested information:

(1) department office in Dutch Harbor;

(2) department office in Cold Bay;

(3) department office in Sand Point;

(4) department office in Port Moller.

History

Authority: AS 16.05.251
Eff. 5/30/2007, Register 182

5 AAC 27.650 Waters closed to herring fishing in Alaska Peninsula-Aleutian Islands Area {#sec-5-aac-27.650 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.650}

(a) Herring may not be taken from June 25 through September 30 in the closed waters described in 5 AAC 01.375 and 5 AAC 09.350.

(b) Repealed 4/16/83.

History

Authority: AS 16.05.251

5 AAC 27.655 Dutch Harbor Food and Bait Herring Fishery Management Plan {#sec-5-aac-27.655 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.655}

(a) The herring available for harvest in the Dutch Harbor food and bait herring fishery is provided under 5 AAC 27.865(b)(4).

(1) repealed 5/31/2019;

(2) repealed 5/31/2019.

(b) If the harvest by the food and bait herring fishery in a given year is greater than the amount allocated to that fishery under (a) of this section, the excess tonnage is subtracted from the following year's allocation to that fishery. If the harvest by the food and bait herring fishery in a given year is less than the amount allocated to that fishery under (a) of this section, no effect on future allocations to that fishery will occur.

(c) In the Dutch Harbor food and bait fishery, the department may reserve up to 100 tons from the allocation specified in (a) of this section for the purposes of an experimental herring seine and pound fishery conducted in compliance with the terms of a permit issued by the commissioner or commissioner's designee.

(d) For purposes of this section, "Dutch Harbor food and bait fishery" is the herring food and bait fishery that occurs during the seasons described in 5 AAC 27.610(e).

History

Authority: AS 16.05.050; AS 16.05.251
Eff. 4/5/2001, Register 158; em am 5/15/2003 - 9/11/2003, Register 166; am 6/4/2004, Register 170; am 5/16/2010, Register 194; am 6/5/2016, Register 218; am 8/10/2018, Register 227; am 5/31/2019, Register 230

5 AAC 27.657 Alaska Peninsula-Aleutian Islands Herring Management Plan {#sec-5-aac-27.657 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.657}

In the Adak District, the department shall manage the commercial herring fishery to allow a harvest of up to 500 tons, using seine or gillnet gear, in the waters of the state between 175° 30' W. long. and 177° W. long., from June 24 through February 28. The fishery will be conducted in compliance with the terms of a permit issued by the commissioner or the commissioner's designee.

History

Authority: AS 16.05.050; AS 16.05.251
Eff. 6/4/2004, Register 170; am 5/16/2010, Register 194

5 AAC 27.660 Harvest strategy {#sec-5-aac-27.660 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.660}

(a) Repealed 4/2/88.

(b) Repealed 5/2/92.

History

Eff. 4/16/83, Register 86; am 4/28/84, Register 90; am 4/2/88, Register 105; am 5/2/92, Register 122

5 AAC 27.662 Buyer and tender reporting requirements for Alaska Peninsula-Aleutian Islands Area {#sec-5-aac-27.662 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.662}

(2) make daily reports of all herring purchased from fishermen, and other processing records as specified by a local representative of the department; and

History

Authority: AS 16.05.251

5 AAC 27.665 Herring spawn on kelp management plan {#sec-5-aac-27.665 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.665}

Repealed 1/1/87.

5 AAC 27.692 Herring pounds and other holding devices in the Alaska Peninsula-Aleutian Islands Area {#sec-5-aac-27.692 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.692}

In the Alaska Peninsula-Aleutian Islands Area, a herring pound or other holding device may be used to hold live herring before processing, only under the conditions specified in a commissioner's permit.

History

Authority: AS 16.05.251
Eff. 5/30/2007, Register 182

Article 12 Bristol Bay Area (Registration Area T)

5 AAC 27.800 Description of Bristol Bay Area {#sec-5-aac-27.800 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.800}

The Bristol Bay Area has as its southern boundary a line extending west from Cape Menshikof at 57° 28.34' N. lat., 157° 55.84' W. long., and as its northern boundary a line extending west from Cape Newenham at 58° 38.88' N. lat., 162° 10.51' W. long., and as its western boundary the International Date Line in the Bering Sea.

History

Authority: AS 16.05.251

5 AAC 27.805 Description of Bristol Bay Area districts and sections {#sec-5-aac-27.805 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.805}

(a) The Togiak District consists of all waters of Alaska between the longitude of the tip of Cape Constantine at 158° 53.50' W. long. and the longitude of the tip of Cape Newenham at 162° 10.51' W. long. Sections are as follows:

(1) Kulukak Section: all waters between the longitude of the tip of Cape Constantine and the longitude of the tip of Right Hand Point;

(2) Nunavachak Section: all waters between the longitude of the tip of Right Hand Point and the longitude of the tip of Rocky Point;

(3) Togiak Section: all waters between the longitude of the tip of Rocky Point and the longitude of the terminus of the Quigmy River;

(4) Hagemeister Section: all waters between the longitude of the terminus of the Quigmy River and the longitude of the tip of Asigyukpak Spit;

(5) Pyrite Point Section: all waters between the longitude of Asigyukpak Spit and the longitude of Cape Peirce;

(6) Cape Newenham Section: all waters between the longitude of the tip of Cape Peirce and the longitude of the tip of Cape Newenham;

(7) Egg Island Gillnet Section: all waters that are between the longitude of Right Hand Point at 159° 55.00' W. long. and the latitude of Egg Island at 58° 53.70' N. lat., 159° 44.06' W. long. and between the mainland shoreline and a line from 58° 53.70' N. lat., 159° 43.18' W. long. to 58° 50.57' N. lat., 159° 43.28' W. long. to 58° 47.90' N. lat., 159° 45.16' W. long. to 58° 45.20' N. lat., 159° 55.00' W. long.

(b) The Bay District consists of all waters of the Bristol Bay Area east of the longitude of the southernmost tip of Cape Constantine at 158° 53.50' W. long.

(c) The General District consists of all waters of the Bristol Bay Area west of the longitude of the southernmost tip of Cape Newenham at 162° 10.51' W. long.

History

Authority: AS 16.05.251

5 AAC 27.810 Fishing seasons and periods for Bristol Bay Area {#sec-5-aac-27.810 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.810}

(a) In the Togiak and Bay Districts, herring may be taken by purse seines and hand purse seines from April 15 through June 1.

(b) In the Togiak and Bay Districts, herring may be taken by gillnets from April 15 through June 1.

(d) In the Togiak and Bay Districts, herring and herring spawn on kelp may be taken only during periods established by emergency order.

(e) The seasons in (a) - (c) of this section may be modified in accordance with 5 AAC 27.865.

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 27.830 Lawful gear for Bristol Bay Area {#sec-5-aac-27.830 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.830}

(a) In the Togiak and Bay Districts, herring may be taken only by purse seines, hand purse seines, and gillnets.

(b) Herring spawn on kelp may be taken only by hand picking and by hand-operated rakes. Herring spawn on kelp may not be taken with the assistance of underwater breathing apparatus.

History

Authority: AS 16.05.251

5 AAC 27.831 Gillnet specifications and operations for Bristol Bay Area {#sec-5-aac-27.831 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.831}

(a) No single herring gillnet may exceed 100 fathoms in length, and the aggregate length of gillnets in use by a CFEC herring interim-use or limited entry permit holder may not exceed 100 fathoms.

(b) No more than 100 fathoms of herring gillnet may be operated from any herring fishing vessel.

(c) Each gillnet in operation must be buoyed at both ends. At least one buoy at each end of the net and at least one cork every 10 fathoms along the cork line must be plainly and legibly marked with the operator's five-digit CFEC permit serial number and the permanent vessel license plate (ADF&G) number of the vessel from which the gillnet is operated.

(d) Repealed 5/31/98.

(e) Repealed 2/23/2014.

(f) During an open herring fishing period, a vessel registered for herring net fishing may not have on board it, or have on board a vessel towed by it, more than 100 fathoms of herring gillnet gear in the aggregate. Any gillnet gear in excess of the legal limit under (b) of this section must be marked as specified in (c) of this section and sacked or bagged. The sack or bag must totally contain the net and must be securely closed.

(g) Repealed 5/31/98.

(h) Repealed 5/31/98.

(i) Notwithstanding 5 AAC 27.050(c), the mesh size of a herring gillnet may not be less than two and one-half inches and may not exceed four inches.

History

Authority: AS 16.05.251

5 AAC 27.832 Seine specifications and operations for Bristol Bay Area {#sec-5-aac-27.832 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.832}

(a) A herring purse seine or hand purse seine

(1) may not exceed 100 fathoms in length; and

(2) may not be more than 630 meshes in depth.

(b) In the Togiak District, during the open herring fishing season described in 5 AAC 27.810, a herring fishing vessel may not have on board, or have on a vessel towed by it,

(1) more than a single herring purse seine as described in (a) of this section; or

(2) any other assembled purse seine gear as described in 5 AAC 39.105(d)(4).

(c) Unless otherwise specified by the commissioner by emergency order, herring may not be retained in a purse seine for more than 36 hours after the closure of a herring fishing period.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 5/31/98, Register 146; am 3/30/2007, Register 181; am 4/16/2016, Register 218

5 AAC 27.833 Herring spawn on kelp harvest specifications and operations for Bristol Bay Area {#sec-5-aac-27.833 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.833}

(a) Herring spawn may not be taken on transplanted or imported aquatic plants or any other substrate, except for kelp in its natural occurring state. Kelp plants used to take herring spawn may not be suspended from lines, frames, or other man-made devices.

(b) Only a holder of a valid CFEC Togiak herring spawn on kelp permit may participate in the Togiak District herring spawn on kelp fishery. Participation includes harvesting herring spawn on kelp by hand or hand-held rake, placing the herring spawn on kelp in containers at the point of harvest, and transporting the containers of herring spawn on kelp to a registered buyer or tender.

(c) All herring spawn on kelp harvested in the Togiak District herring spawn on kelp fishery must be in containers at the close of the fishing period.

(d) A person who does not hold a CFEC Togiak District herring spawn on kelp permit may, in that fishery, only assist in the transportation of containers of herring spawn on kelp, and only after the close of the fishing period.

(e) For the purpose of this section, "container" means a boat, bucket, sack, or other object used to hold spawn on kelp for the purpose of transporting it to a registered buyer or tender.

History

Authority: AS 16.05.251
Eff. 5/11/85, Register 94; am 5/2/92, Register 122

5 AAC 27.834 Togiak District Herring Spawn on Kelp Management Plan {#sec-5-aac-27.834 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.834}

(a) The Togiak District herring spawn-on-kelp harvest may not exceed 350,000 pounds. A herring spawn-on-kelp harvest of 350,000 pounds is equivalent to the production from 1,500 short tons of herring. The biomass of herring that produces the equivalent of the herring spawn-on-kelp harvest must be included in the calculation of the exploitation rate on the herring population as specified in 5 AAC 27.865(b)(4).

(b) The department shall base an emergency order opening of the Togiak District herring spawn-on-kelp fishery on the density and distribution of observed spawn on kelp.

(d) The department shall time each herring spawn-on-kelp harvest in order to ensure the best quality product.

History

Authority: AS 16.05.251
Eff. 5/2/92, Register 122; am 4/16/2016, Register 218

5 AAC 27.840 Vessel identification {#sec-5-aac-27.840 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.840}

Repealed 4/18/86.

5 AAC 27.850 Closed waters in Bristol Bay Area {#sec-5-aac-27.850 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.850}

(a) Metervik Bay is closed to herring fishing north of a line from a point at 58° 49.10' N. lat., 159° 47.25' W. long. to a point at 58° 49.97' N. lat., 159° 45.75' W. long. This closure does not apply to the taking of herring spawn on kelp.

(b) Ungalikthluk Bay is closed to the taking of herring north of a line from Rocky Point at 58° 53.25' N. lat., 160° 14.25' W. long. to a point at 58° 51.90' N. lat., 160° 09.75' W. long. This closure does not apply to the taking of herring spawn on kelp.

History

Authority: AS 16.05.251

5 AAC 27.860 Guideline harvest range {#sec-5-aac-27.860 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.860}

Repealed 5/31/85.

5 AAC 27.862 Buyer reporting requirements for Bristol Bay Area {#sec-5-aac-27.862 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.862}

In addition to the requirements of 5 AAC 39.130(n), a buyer or the buyer's agent shall report in person to and register with a local representative of the department upon arrival on the fishing grounds and before commencing operations. The buyer or the buyer's agent shall

(1) identify and describe all vessels to be employed in transporting or processing herring or herring spawn on kelp;

(2) report daily all herring or herring spawn on kelp purchased from fishermen, or other processing records as specified by a department representative; and

History

Authority: AS 16.05.251

5 AAC 27.865 Bristol Bay Herring Management Plan {#sec-5-aac-27.865 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.865}

(a) When managing the Bristol Bay commercial herring fishery, the primary objectives of the department are to prosecute an orderly and manageable fishery, while striving for the highest level of product value with a minimum of waste.

(b) To ensure that no gear group is totally disadvantaged, the Board of Fisheries directs the department to take the following actions given the specified circumstances:

(1) when circumstances preclude the department from adequately assessing the biomass, the fishery must be managed for an exploitation based on the preseason projected return;

(2) whenever possible, openings for both gear types must begin during the hours of daylight, and special consideration will be given to afford the maximum amount of daylight;

(3) repealed 4/16/2023;

(4) the maximum exploitation rate for the Bristol Bay herring stock is 20 percent; before opening the Togiak District herring fishery for sac roe and other herring products, the department shall set aside approximately 1,500 short tons for the Togiak District herring spawn-on-kelp fishery, and seven percent of the remaining available harvest for the Dutch Harbor food and bait fishery; if the actual harvest is less than the herring spawn-on-kelp guideline harvest level, the commissioner may reallocate 50 percent of the remainder to the Togiak District herring fishery;

(5) after the herring spawn-on-kelp harvest and the Dutch Harbor food and bait fishery have been subtracted, the remaining harvestable surplus is allocated to the Togiak District herring fishery; the department shall manage for a removal of 30 percent of that surplus by the gillnet fleet and 70 percent by the purse seine fleet, except that the allocations in this subsection shall be 20 percent by the gillnet fleet and 80 percent by purse seine fleet through December 31, 2022;

(6) if a manageable separation of the year classes occurs, an exploitation rate of up to 20 percent may be allowed on the younger age herring (four years or less), and no fishery may be considered if this recruit population is less than 20,000 short tons;

(7) late season (post-peak) herring fishery openings must be based on one or more of the following criteria:

(A) a definable increase in the biomass of herring present on the fishing grounds;

(B) a major shift in the age composition of the herring in a definable biomass that is large enough to allow a harvest;

(8) through December 31, 2022, if the department's inseason projection of the Togiak District gillnet harvest is less than the guideline harvest level, the commissioner may reallocate 50 percent of the remaining gillnet guideline harvest level to the Togiak District purse seine fleet.

History

Authority: AS 16.05.060; AS 16.05.251

Article 13 Kuskokwim Area (Registration Area W)

5 AAC 27.870 Description of Kuskokwim Area {#sec-5-aac-27.870 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.870}

The Kuskokwim Area has as its southern boundary a line extending west from Cape Newenham and as its northern boundary a line extending west from Naskonat Peninsula at 60° 58.17' N. lat., 165° 11' W. long., and as its western boundary the International Date Line in the Bering Sea.

History

Authority: AS 16.05.251

5 AAC 27.875 Description of Kuskokwim Area districts {#sec-5-aac-27.875 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.875}

(a) The Security Cove District consists of the waters between the latitude of Cape Newenham and the latitude of the Salmon River (58° 51.83' N. lat.).

(b) The Goodnews Bay District consists of that portion of Goodnews Bay inside a line between the northernmost tip of South Spit (59° 02.92' N. lat., 161° 49.08' W. long.) and the southernmost tip of North Spit (59° 03.58' N. lat., 161° 49.17' W. long.) and a line between the mouth of Ukfigag Creek (59° 04.17' N. lat., 161° 36' W. long.) and the mouth of the Tunulik River (59° 08' N. lat., 161° 37' W. long.).

(c) The Nelson Island District consists of the waters north of the latitude of Chinigyak Cape (60° 27' N. lat.) and east of the longitude of Atrnak Point (165° 15' W. long.) (approximately two miles west of Umkumiut), and all waters north of the latitude of Talurarevuk Point (60° 35' N. lat.) and south of the latitude of the southernmost tip of Chinit Point (60° 36' N. lat.) and east of 165° 30' W. long., and all waters north of the latitude of the northernmost tip of Chinit Point (60° 37' N. lat.) and south of the latitude of the southeasternmost tip of Kigigak Island (60° 49' N. lat.) and east of 165° 30' W. long.

(d) The Nunivak Island District consists of the waters extending three miles seaward of mean low water from Kikoojit Rocks (60° 20' N. lat., 166° 40' W. long.) to Cape Mendenhall (59° 45.17' N. lat., 166° 07' W. long.).

(e) The Cape Avinof District consists of the waters extending landward of Kikegtek, Pingurbek, and Kwigluk Islands and north of the latitude of the southernmost tip of Kwigluk Island (59° 42' N. lat.), from the longitude of Ishkowik River (162° 44' W. long.) to the latitude of Tern Mountain (60° 42' N. lat.), to a point at 60° 42' N. lat., 164° 14' W. long., then to the northernmost tip of Kikegtek Island.

History

Authority: AS 16.05.251

5 AAC 27.880 Fishing seasons and periods for Kuskokwim Area {#sec-5-aac-27.880 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.880}

In the Kuskokwim Area districts, herring may be taken only from May 1 through June 30 and only during periods established by emergency order.

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 27.885 Lawful gear for Kuskokwim Area {#sec-5-aac-27.885 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.885}

In the Kuskokwim Area, herring may be taken only by set and drift gillnets, except that in the Nunivak Island District herring may also be taken by purse seine.

History

Authority: AS 16.05.251

5 AAC 27.887 Seine specifications and operations for Kuskokwim Area {#sec-5-aac-27.887 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.887}

(a) A herring purse seine may not exceed 100 fathoms in length and may not be more than 625 meshes in depth, of which no more than 600 meshes may have a mesh size larger than one and one-half inches.

(b) In the Nunivak Island District, during the open herring fishing season described in 5 AAC 27.880, a herring fishing vessel may not have on board, or have on a vessel towed by it

(1) more than a single herring purse seine as described in (a) of this section; or

(2) any other assembled purse seine as described in 5 AAC 39.105(d)(4).

History

Authority: AS 16.05.251
Eff. 4/16/2000, Register 154

5 AAC 27.888 Gillnet specifications and operations for Kuskokwim Area {#sec-5-aac-27.888 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.888}

(a) No single herring gillnet may be less than 50 fathoms in length, unless the gillnet is attached to a commercial herring fishing vessel and the gillnet is personally attended by a herring interim-use or entry permit holder. The aggregate length of herring gillnet in use by a herring interim-use or entry permit holder may not exceed 100 fathoms in length. No more than 100 fathoms of herring gillnet and no more than two gillnets may be on board or operated from any commercially licensed herring fishing vessel, except that no more than 50 fathoms and one gillnet may be on board or operated from any vessel taking or attempting to take herring during periods specified by emergency order for the reduced gear length.

(b) Each gillnet in operation must be buoyed at both ends and at least one buoy must be plainly and legibly marked with the permittee's herring interim-use or entry permit number.

(c) A vessel used to take herring or a vessel towed by it may have on board no more than one legal limit of gear in the aggregate, except that it may have on board sufficient unhung gear for mending purposes.

(d) Notwithstanding 5 AAC 27.050(c), the mesh size of a herring gillnet in the Kuskokwim Area may not exceed three and one-half inches or be less than two and one-half inches.

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 27.889 Vessel specifications and operations {#sec-5-aac-27.889 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.889}

Repealed 1/1/87.

5 AAC 27.890 Waters closed to herring fishing in Kuskokwim Area {#sec-5-aac-27.890 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.890}

(a) Herring may not be taken for commercial purposes in any waters of the Kuskokwim Area that are not described in 5 AAC 27.875.

(b) Herring spawn on kelp and herring spawn on any other substrate may not be taken for commercial purposes in any waters of the Kuskokwim Area.

History

Authority: AS 16.05.251; AS 16.10.190

5 AAC 27.893 Vessel specifications and operations for Kuskokwim Area {#sec-5-aac-27.893 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.893}

5 AAC 27.893 was filed as an Emergency Regulation on 5/1/87. The identical section had been filed in a set of "regular" regulations on 4/21/87 to take effect 5/21/87, Register 102. The Emergency Regulation was therefore allowed to lapse. The history line for 5 AAC 27.893 reflects only the 5/1/87 effective date of the section.

(a) In the Goodnews Bay, Nelson Island, and Cape Avinof Districts, a vessel used to take herring may not be more than 30 feet in overall length. For the purpose of this section, "overall length" means the straight-line measurement between the extremities of the vessel.

(b) In the Nelson Island, Goodnews Bay, and Cape Avinof Districts, a vessel used to take herring may not have on board any mechanical device designed to shake or dislodge herring from a gillnet.

History

Authority: AS 16.05.251
Eff. 5/1/87, Register 102; am 4/2/88, Register 105; am 3/30/95, Register 133; am 6/10/98, Register 146

5 AAC 27.894 Management Plan for Gillnet and Cooperative Purse Seine Fishery in the Nunivak Island District. Repealed {#sec-5-aac-27.894 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.894}

History

Eff. 4/16/2000, Register 154; am 4/5/2001, Register 158; repealed 5/26/2006, Register 178

5 AAC 27.895 Harvest strategy for Kuskokwim Area. (a) In the Cape Avinof District, the department shall manage the commercial herring fishery for an exploitation rate not to exceed 15 percent of the estimated available biomass. (b) Repealed 5/11/85. (c) Repealed 5/11/85. (d) In the Nelson Island District, the department shall manage the commercial herring fishery so that the combined commercial and subsistence herring harvest does not exceed a exploitation rate of 20 percent of the estimated available biomass. The subsistence portion of the combined subsistence and commercial harvest is 200 tons of herring {#sec-5-aac-27.895 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.895}

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 27.896 Buyer reporting requirements for Kuskokwim Area. In addition to the requirements in 5 AAC 39.130(n), a buyer or the buyer's agent shall report in person to a local representative of the department upon arrival on the fishing grounds and before commencing operations in any district in the Kuskokwim Area. The buyer or the buyer's agent shall (1) identify and describe all vessels to be employed in processing or transporting herring in each district; (2) report daily all herring purchased from fishermen or other processing records in each district as specified by a department representative; this may be a requirement for fish-tender operators if specified by a local department representative; and (3) submit fish tickets before departure from each district and no later than 10 days after termination of buying operations in each district, or as otherwise specified by a local department representative {#sec-5-aac-27.896 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.896}

History

Authority: AS 16.05.251

5 AAC 27.897 Possession of salmon. Salmon taken incidentally in conjunction with commercial herring fishing must be returned to the water {#sec-5-aac-27.897 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.897}

History

Authority: AS 16.05.251(a)

5 AAC 27.898 Superexclusive use areas. Repealed 1/1/87 {#sec-5-aac-27.898 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.898}

5 AAC 27.899 Superexclusive use areas in Kuskokwim Area. (a) The Cape Avinof District is a superexclusive use area. The Nelson Island and Nunivak Island Districts are a combined superexclusive use area. (b) A person who participates in the commercial taking of herring as a CFEC permit holder in a superexclusive use area at any time from February 1 through June 30 may not participate or have participated in the commercial taking of herring, either as a CFEC permit holder or a crewmember aboard a vessel used to take herring, in another superexclusive or nonexclusive use area at any time from February 1 through June 30 of that same year. (c) A person who participates in the commercial taking of herring as a crewmember aboard a vessel that is used to take herring in a superexclusive use area at any time from February 1 through June 30 may not participate or have participated in the commercial taking of herring as a CFEC permit holder in another superexclusive or nonexclusive use area at any time from February 1 through June 30 of that year. (d) A vessel used in the taking of herring in a superexclusive use area at any time from February 1 through June 30 may not be used or have been used in the taking of herring in another superexclusive or nonexclusive use area at any time from February 1 through June 30 of that year. (e) Repealed 5/19/2004. (f) Repealed 2/23/2014 {#sec-5-aac-27.899 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.899}

History

Authority: AS 16.05.251
Eff. 5/1/87, Register 102; am 4/2/88, Register 105; am 4/16/2000, Register 154; am 5/19/2004, Register 170; am 2/23/2014, Register 209

Article 14 Bering Sea-Kotzebue Area (Registration Area Q)

5 AAC 27.900 Description of Bering Sea-Kotzebue Area. The Bering Sea-Kotzebue Area has as its southern boundary a line extending west from Naskonat Peninsula at 60° 58.17' N. lat., 165° 11' W. long. and as its northern boundary a line extending west from Point Hope, and as its western boundary the International Date Line in the Bering Sea and Chukchi Sea {#sec-5-aac-27.900 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.900}

History

Authority: AS 16.05.251

5 AAC 27.905 Description of Bering Sea-Kotzebue Area districts and subdistricts. (a) The Cape Romanzof District consists of all waters between the latitude of Dall Point and 62° N. lat. (b) The Norton Sound District consists of all waters between the latitude of the westernmost tip of Cape Douglas and the latitude of Point Romanof. Subdistricts are as follows: (1) Subdistrict 1 consists of all waters south of the latitude of Spruce Creek (63° 40' N. lat.); (2) Subdistrict 2 consists of all waters north of the latitude of Spruce Creek (63° 40' N. lat.) and south of the latitude of Junction Creek (64° 08' N. lat.), including all waters within three miles of Besboro Island; (3) Subdistrict 3 consists of all waters north of the latitude of Junction Creek (64° 08' N. lat.), south of the latitude of Island Point (64° 32' N. lat.), and east of the longitude of the mouth of Kwiniuk River (162° 02' W. long.), excluding all waters within three miles of Besboro Island; (4) Subdistrict 4 consists of all waters north of the latitude of Island Point (64° 32' N. lat.) and east of the longitude of the mouth of Kwiniuk River (162° 02' W. long.); (5) Subdistrict 5 consists of all waters between the longitudes of the mouth of Kwiniuk River (162° 02' W. long.) and Cape Darby (162° 47' W. long.) and north of the latitude of Junction Creek (64° 08' N. lat.); (6) Subdistrict 6 consists of all waters between the longitudes of Cape Darby (162° 47' W. long.) and Rocky Point (163° 08' W. long.) and north of the latitude of Junction Creek (64° 08' N. lat.); (7) Subdistrict 7 consists of all waters west of the longitude of Rocky Point (163° 08' W. long.) and north of the latitude of Junction Creek (64° 08' N. lat.). (c) The Port Clarence District consists of all waters between the latitude of Cape Douglas and the latitude of Cape Prince of Wales. (d) The Kotzebue District consists of all waters between the latitude of Cape Prince of Wales and the latitude of Point Hope {#sec-5-aac-27.905 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.905}

History

Authority: AS 16.05.251

5 AAC 27.910 Fishing seasons and periods for Bering Sea-Kotzebue Area. (a) In the Cape Romanzof District herring may be taken only from May 1 through June 30 and only during periods established by emergency order. (b) In the Norton Sound District, herring may be taken only as follows: (1) from May 15 through November 15 and only during periods established by emergency order; (2) in Subdistricts 1 - 6, from May 15 through November 15 (sac-roe or food and bait season); (3) repealed 5/11/85; (4) in Subdistrict 7, from May 15 through November 15 (sac-roe or food and bait season); (c) In the Port Clarence and Kotzebue Districts, herring may be taken from April 15 through August 15 (sac-roe season) and from August 16 through November 15 (food and bait season), except that herring may not be taken during the open commercial salmon fishing season {#sec-5-aac-27.910 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.910}

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 27.930 Lawful gear for Bering Sea-Kotzebue Area. (a) Herring may be taken by the gear specified for the following districts: (1) Cape Romanzof District: gillnets; (2) Norton Sound District: gillnets and beach seines; (3) Port Clarence and Kotzebue Districts: gillnets, beach seines, and purse seines. (b) Herring may be taken by trawls only during seasons established by emergency order {#sec-5-aac-27.930 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.930}

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 27.931 Gillnet specifications and operations for Bering Sea-Kotzebue Area. (a) In the Bering Sea-Kotzebue Area, no more than 100 fathoms of herring gillnet in the aggregate and no more than two gillnets may be on board or operated from any vessel, or vessel in tow, that is taking or attempting to take herring, except that no more than 50 fathoms and one gillnet may be on board or operated from any vessel, or vessel in tow, that is taking or attempting to take herring during periods specified by emergency order for the reduced gear length. Unhung gear sufficient for mending purposes may be carried on board. A herring gillnet may not be longer than 50 fathoms, or deeper than 60 meshes. (b) Repealed 6/2/88. (c) Each gillnet in operation must be buoyed at both ends and at least one buoy must be plainly and legibly marked with the permittee's herring interim-use or entry permit number. (d) At least one cork every 10 fathoms along the cork line must be plainly and legibly marked with the CFEC permit holder's herring interim-use or limited entry permit number, and with the vessel license plate (ADF&G) number of the vessel from which the gillnet is operated. (e) Notwithstanding 5 AAC 27.050(c), the mesh size of a herring gillnet in the Bering Sea-Kotzebue Area may not exceed three and one-half inches or be less than two and one-half inches {#sec-5-aac-27.931 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.931}

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 27.932 Seine specifications and operations for Bering Sea-Kotzebue Area. A seine may not be more than 850 meshes in depth and 150 fathoms in length, except that in the Norton Sound District a seine may not be more than 75 fathoms in length and 850 meshes in depth {#sec-5-aac-27.932 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.932}

History

Authority: AS 16.05.251

5 AAC 27.933 Wild herring spawn on kelp harvest specifications and operations for the Norton Sound District. Expired {#sec-5-aac-27.933 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.933}

5 AAC 27.934 Wild herring spawn-on-kelp harvest specifications and operations for the Norton Sound District. (a) A person may take wild herring spawn on kelp (not in pounds) in the Norton Sound District only from Canal Point Light to Wood Point and only as follows: (1) wild herring spawn on kelp may be taken only during periods established by emergency order; (2) wild herring spawn on kelp may be taken only by hand picking and by a hand-held rake; (3) only a holder of a valid CFEC Norton Sound limited entry or interim-use herring permit may harvest wild herring spawn on kelp under this section; participation includes harvesting wild herring spawn on kelp by hand or hand-held rake, placing wild herring spawn on kelp in containers at the point of harvest, and transporting the containers of wild herring spawn on kelp to a registered buyer or tender; (4) a person that participates in the wild herring spawn-on-kelp fishery may not also participate in the gillnet, beach seine herring sac roe fishery, or the herring pound spawn-on-kelp fishery in the Norton Sound District during the same year; (5) all wild herring spawn on kelp harvested in the Norton Sound District must be in containers at the close of the fishing period. (b) For the purposes of this section, "container" means a boat, bucket, sack, tarp, or other object used to hold herring spawn on kelp for the purpose of transporting it to a registered buyer or tender {#sec-5-aac-27.934 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.934}

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 5/19/99, Register 150

5 AAC 27.935 Vessel specifications and operations for Bering Sea-Kotzebue Area. In the Cape Romanzof District, a vessel used to take herring may not have on board any mechanical device designed to shake or dislodge herring from a gillnet {#sec-5-aac-27.935 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.935}

History

Authority: AS 16.05.251
Eff. 4/2/88, Register 105; am 5/31/98, Register 146

5 AAC 27.950 Waters closed to herring fishing in Bering Sea-Kotzebue Area. (a) Repealed 5/19/2004. (b) Repealed 5/11/85. (c) The Port Clarence District east of a line from the northernmost tip of 4 Mile Point to the southernmost tip of Sunset Point is closed to the taking of herring. (d) Herring may not be taken in any waters of the Bering Sea-Kotzebue Area that are not described in 5 AAC 27.905. (e) The Cape Romanzof District is closed to the taking of herring spawn on kelp or any other substrate. (f) Repealed 5/11/85. (g) Repealed 5/11/85 {#sec-5-aac-27.950 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.950}

History

Authority: AS 16.05.251

5 AAC 27.960 Harvest strategy for Bering Sea-Kotzebue Area. (a) The department shall manage the Norton Sound District herring sac roe fishery so that the seine harvest does not exceed 10 percent of the total herring sac roe harvest projection as published by the department. The board realizes that herring biomass projections, inseason assessments, and harvest monitoring by gear type are not accurate; therefore, the department may not adjust the harvest projection after it has been published. (b) The harvest limit in Subdistrict 7 of the Norton Sound District from September 1 through November 15 is 10 metric tons of herring. (c) Repealed 5/11/85. (d) Repealed 5/11/85. (e) Repealed 5/11/85. (f) Repealed 5/11/85. (g) The department shall manage the Port Clarence District herring sac roe fishery so that 10 percent of the available harvest is reserved for the herring food and bait fishery. (h) In the Norton Sound District, the guideline harvest level for the wild herring spawn-on-kelp fishery described in 5 AAC 27.934, is 30 metric tons {#sec-5-aac-27.960 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.960}

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 27.965 Management Plan for Herring Pound Spawn-On-Kelp Fishery in the Norton Sound District. (a) The purpose of this management plan is to establish criteria for the herring pound spawn-on-kelp fishery in the Norton Sound District. (b) The commissioner, or the commissioner's designee, shall issue a permit for participation in the herring pound spawn-on-kelp fishery if (1) an applicant holds a valid Norton Sound herring gillnet or beach seine CFEC interim-use permit or limited entry permit; and (2) an applicant applies for the herring pound spawn-on-kelp permit before April 16 of each calendar year. (c) A permit holder that participates in the herring pound spawn-on-kelp fishery may not also participate in the wild herring spawn-on-kelp fishery or the gillnet or beach seine sac roe herring fishery in the Norton Sound District during the same year. (d) The herring allocation for the herring pound spawn-on-kelp fishery may not be more than 320 tons of herring. The department shall deduct this allocation from the total annual herring harvest projection before determining the seine harvest allocation under 5 AAC 27.960. (e) The herring spawn-on-kelp guideline harvest level may not be more than 90 tons. The herring spawn-on-kelp guideline harvest level includes the combined weight of herring eggs and kelp. (f) The department shall manage the herring pound spawn-on-kelp fishery to achieve the spawn-on-kelp guideline harvest level by restricting the number of blades of kelp that may be suspended from a herring pound as follows: (1) no more than a total of 75,000 blades of kelp are allowed in the herring pound spawn-on-kelp fishery; and (2) the maximum number of blades of kelp any permit holder may attach to a herring pound is 3,000; if more than 25 permits are issued for the herring pound spawn-on-kelp fishery, the department shall determine the number of blades of kelp a permit holder may attach to a herring pound by dividing 75,000 by the number of permits issued. (g) Before a permit holder attaches kelp to a herring pound, the permit holder must plainly and legibly mark the permit holder's name and five digit CFEC permit number in a conspicuous place on the herring pound. After fishing commences until the season is closed, the CFEC permit number marked on a herring pound may be changed. For purposes of this subsection, fishing commences when a permit holder first attaches kelp to the herring pound in the water. (h) Only one permit holder may operate a herring pound at a time. (i) The permit holder must be physically present at any time when kelp is being attached to the herring pound and when herring spawn on kelp is harvested from the herring pound. The permit holder shall weigh the spawn on kelp when it is removed from the herring pound and provide that information to a local representative of the department who is designated as a catch monitor for the fishery. (j) Before the herring pound spawn-on-kelp permits are issued, the commissioner may specify on the permits any other criteria that the commissioner determines is necessary for the conservation and management of herring and kelp and the herring pound spawn-on-kelp fishery. (k) After a person removes the spawn-on-kelp from the herring pound, the person shall maintain the pound structure at its present fishing location for not less than four weeks in its original configuration with adequate water circulation on all sides to optimize egg hatching. Not later than six weeks after a person removes the spawn on kelp from a structure, the person shall remove the structure and leads from the water. (l) Repealed 5/19/99. (m) For the purposes of this section, a "herring pound" is a structure or a means of suspending kelp in the water to provide spawning substrate for herring to be harvested as spawn on kelp. The structure may not have an enclosure, but may have two leads. A lead may not be more than 300 feet in length measured from shore to a point on the structure. The lead shall consist of a seine weight net with meshes of not more than two inches stretched measure, a cork line, a lead line, and anchors at either end {#sec-5-aac-27.965 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.965}

History

Authority: AS 16.05.251
Eff. 5/16/98, Register 146; am 5/19/99, Register 150; am 4/5/2001, Register 158

5 AAC 27.970 Buyer reporting requirements for Bering Sea-Kotzebue Area. In addition to the requirements of 5 AAC 39.130(n), a buyer or the buyer's agent shall report in person to a local representative of the department upon arrival on the fishing grounds and before commencing operations in the Cape Romanzof and Norton Sound Districts and in person, by radio or telephone, upon arrival on the fishing grounds and before commencing operations in the Port Clarence and Kotzebue Districts. The buyer or the buyer's agent shall (1) identify and describe all vessels to be employed in processing or transporting herring or herring spawn on kelp in each district; (2) report daily all herring or herring spawn on kelp purchased from fishermen or other processing records in each district as specified by a department representative; this may be a requirement for fish-tender operators if specified by a local department representative; and (3) submit fish tickets before departure from each district and no later than 10 days after termination of buying operations in each district or as otherwise specified by a local department representative {#sec-5-aac-27.970 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.970}

History

Authority: AS 16.05.251

5 AAC 27.971 Harvest of bait by commercial permit holders in Bering Sea-Kotzebue Area. (a) The holder of a valid CFEC interim use or limited entry permit may take but may not sell herring for use as bait in the commercial fishery for which the permit is held as follows: (1) except as provided in (3) of this section, herring may be taken at any time; (2) herring may be taken only by gillnet or beach seine as described in 5 AAC 27.931 and 5 AAC 27.932; (3) in the 72 hours before, during, and 72 hours after an open commercial herring fishing period in the Bering Sea-Kotzebue Area, a vessel or crewmember or permit holder that participates in that commercial herring fishery opening may not take or possess herring under this section in any subdistrict in the Bering Sea-Kotzebue Area; (4) a person or vessel may not take more than one ton of herring under this section in a calendar year unless that person or vessel first applies for and receives from the department a permit authorizing the person or vessel to do so. (b) A permit issued under (a)(4) of this section may require a permittee to report to the department the amount of herring taken under the permit {#sec-5-aac-27.971 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.971}

History

Authority: AS 16.05.251
Eff. 3/30/95, Register 133; am 5/31/98, Register 146

5 AAC 27.980 Possession of salmon. Salmon taken incidentally in conjunction with commercial herring fishing must be returned to the water {#sec-5-aac-27.980 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.980}

History

Authority: AS 16.05.251(a)

5 AAC 27.985 Exclusive use areas. Repealed 1/1/85 {#sec-5-aac-27.985 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.985}

5 AAC 27.987 Superexclusive use areas in Bering Sea-Kotzebue Area. (a) The Cape Romanzof and Norton Sound Districts are superexclusive use areas. (b) A person who participates in the commercial taking of herring as a CFEC permit holder in a superexclusive use area at any time from February 1 through June 30 may not participate or have participated in the commercial taking of herring, either as a CFEC permit holder or a crewmember aboard a vessel used to take herring, in another superexclusive or nonexclusive use area at any time from February 1 through June 30 of that same year. (c) A person who participates in the commercial taking of herring as a crewmember aboard a vessel that is used to take herring in a superexclusive use area at any time from February 1 through June 30 may not participate or have participated in the commercial taking of herring as a CFEC permit holder in another superexclusive or nonexclusive use area at any time from February 1 through June 30 of that year. (d) A vessel used in the taking of herring in a superexclusive use area at any time from February 1 through June 30 may not be used or have been used in the taking of herring in another superexclusive or nonexclusive use area at any time from February 1 through June 30 of that year {#sec-5-aac-27.987 omnilex-key=us-ak-regs-official--title-5--5 AAC 27.987}

History

Authority: AS 16.05.251
Eff. 5/11/85, Register 94; am 3/30/95, Register 133

Chapter 28 Groundfish Fishery

Article 1 Registration Areas

5 AAC 28.001 Application of this chapter {#sec-5-aac-28.001 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.001}

Requirements set out in this chapter apply only to commercial fishing for groundfish, unless otherwise specified. Subsistence, personal use, and sport fishing regulations affecting commercial groundfish fishing vessels or affecting any other commercial groundfish fishing activity are set out in the subsistence fishing regulations in 5 AAC 01 and 5 AAC 02, personal use fishing regulations in 5 AAC 77, and sport fishing regulations in 5 AAC 47 - 5 AAC 75.

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 7/30/89, Register 111; am 4/4/97, Register 142

5 AAC 28.005 Registration areas established {#sec-5-aac-28.005 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.005}

(a) The following are the groundfish registration areas and their code letters:

Code Letter

A - Eastern Gulf of Alaska Area (5 AAC 28.100)

E - Prince William Sound Area (5 AAC 28.200)

H - Cook Inlet Area (5 AAC 28.300)

K - Kodiak Area (5 AAC 28.400)

L - Chignik Area (5 AAC 28.500)

M - South Alaska Peninsula Area (5 AAC 28.550)

O - Bering Sea-Aleutian Islands Area (5 AAC 28.600)

Y - Chukchi-Beaufort Area (5 AAC 28.700).

(b) During a state-waters season defined in 5 AAC 28.081(c)(4), each registration area identified in (a) of this section shall be designated as a superexclusive, exclusive, or nonexclusive registration area for Pacific cod.

(c) Unless otherwise specified in this chapter, a vessel that has been validly registered to take Pacific cod in an exclusive registration area may not be used to take Pacific cod in any other exclusive registration area during the same registration year.

(d) During a registration year, a vessel may be registered to take Pacific cod in one or more nonexclusive registration areas and may be registered to take Pacific cod in one exclusive registration area.

(e) A vessel that has been validly registered to take Pacific cod in

(1) a superexclusive registration area may not be used to take Pacific cod in any other registration area during the same registration year;

(2) an exclusive or nonexclusive registration area may not be used to take Pacific cod in a superexclusive registration area during the same registration year.

History

Authority: AS 16.05.251
Eff. 7/30/89, Register 111; am 4/4/97, Register 142; am 7/21/99, Register 151; am 4/20/2012, Register 202

Article 2 General Specifications

5 AAC 28.010 Application of groundfish regulations {#sec-5-aac-28.010 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.010}

(a) The regulations in 5 AAC 28 also apply to the adjoining waters of the exclusive economic zone for all

(1) groundfish species, or groundfish species in an area, not included in the federal groundfish management plan; or

(2) groundfish species for which a federal management plan delegates authority to the state to manage a groundfish fishery in the exclusive economic zone.

(b) For the purposes of this section, "exclusive economic zone" means all the waters adjacent to a registration area and seaward to a boundary line drawn in such a manner that each point on the line is 200 nautical miles from the baseline from which the territorial sea is measured.

History

Authority: AS 16.05.251; AS 16.10.190
Eff. 7/12/96, Register 139; am 2/8/97, Register 141; am 5/31/98, Register 146

5 AAC 28.015 Guiding policy on groundfish fisheries resource management {#sec-5-aac-28.015 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.015}

The board of fisheries and the department, when taking actions regarding the management of groundfish fisheries, should consider the following principles and criteria:

(1) conservation of the groundfish resource to ensure sustained yield, which requires that the total allowable catch in any fishery be based upon the biological abundance of the stock;

(2) minimization of bycatch of other associated fish and shellfish and prevention of the localized depletion of stocks;

(3) conservation of the habitat and other associated fish and shellfish species from nonsustainable fishing practices with consideration of ecosystem interactions;

(4) maintenance of slower harvest rates by methods-and-means and time-and-area restrictions to ensure adequate reporting and analysis necessary for management of the fishery and ensuring adherence to annual and seasonal total allowable catch limits;

(5) extension of the length of fishing seasons by methods-and-means and time-and-area restrictions to provide for the maximum benefit to the state and local areas of the state;

(6) harvest of the resource in a manner that emphasizes the quality and value of the fishery product;

(7) provision of opportunities for subsistence, sport, commercial, and personal use fisheries;

(8) cooperation with federal agencies associated with groundfish fisheries;

(9) management of the groundfish fisheries based on information that, in the commissioner's discretion, will tend to promote the purposes of state statutes pertaining to fisheries management.

History

Authority: AS 16.05.251
Eff. 6/25/2023, Register 246

5 AAC 28.020 Groundfish area registration {#sec-5-aac-28.020 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.020}

(a) Before a person uses a vessel to operate groundfish gear in the territorial waters of Alaska, except for the Eastern Gulf of Alaska registration area, the vessel owner or the owner's authorized agent shall register the vessel with the department. However, the commissioner may waive this registration requirement for a specific fishery or season if the commissioner considers waiver to be necessary.

(b) Unless otherwise specified in this chapter, a vessel may be registered to fish for groundfish in one or more registration areas in a calendar year except that

(1) a vessel may not be validly registered for more than one groundfish registration area at a time;

(2) a vessel validly registered in a Pacific cod exclusive registration area during a state-waters season defined in 5 AAC 28.081(c)(4), may not be used to take Pacific cod in any other exclusive registration area or a superexclusive registration area during a state-waters season;

(3) a vessel validly registered in a Pacific cod superexclusive registration area during a state-waters season defined in 5 AAC 28.081(c)(4), may not be used to take Pacific cod in any other registration area during a state-waters season;

(4) a vessel validly registered to take black rockfish in a

(A) superexclusive registration area may not be used to take black rockfish in any other registration area in the same calendar year;

(B) nonexclusive registration area may not be used to take black rockfish in a superexclusive registration area in the same calendar year.

(c) Before operating groundfish gear within a registration area, the vessel owner, or the owner's authorized agent, shall complete the registration requirements in person, or by mail, facsimile transmission, or electronic mail, at a department office located within the registration area, unless otherwise specified by the department. A completed form validated by the department satisfies the registration requirements. In the form, the department may require check-in and check-out procedures for specified fishing periods or subsections within the registration area. A copy of the completed form must be retained on board a vessel operating groundfish gear in the registration area.

(d) Before registering for another registration area, the vessel operator shall check out of the current registration area by contacting in person, or by telephone, facsimile transmission, electronic mail, or radio, a department representative at an office located within that registration area. Delay in validation of subsequent registration forms in other areas may result if check out has not been accomplished.

(e) A valid registration becomes invalid

(1) 24 hours after the close of the groundfish season in a registration area; or

(2) upon validation of registration for another groundfish registration area.

(f) Groundfish legally taken in one registration area may be landed in another registration area without check out and re-registration if the vessel operator intends to return the vessel to the registration area where validly registered to continue fishing for groundfish and does not fish for groundfish in any other registration area.

(g) In registration areas where a permit issued by the commissioner is required before operating gear to take groundfish, the permit completes the registration, and the requirements of (d) and (e) of this section do not apply.

(h) Repealed 4/4/97.

(i) Repealed 4/4/97.

History

Authority: AS 16.05.251
Eff. 7/30/89, Register 111; am 5/2/92, Register 122; am 7/23/94, Register 131; am 12/22/95, Register 137; am 4/4/97, Register 142; am 7/21/99, Register 151; am 3/31/2002, Register 161; am 4/20/2012, Register 202; am 6/1/2013, Register 206

5 AAC 28.033 Tenders for groundfish {#sec-5-aac-28.033 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.033}

(a) Before engaging in a tendering operation for groundfish, the operator of a tendering vessel shall register that vessel with a local representative of the department who is located in the groundfish registration area, district, or section in which the vessel will be tendering.

(b) Before a vessel used to tender groundfish leaves the groundfish registration area, district, or section for which it is registered, the operator of the tendering vessel shall contact, in person or by radio or telephone, a local representative of the department who is located in the registration area, district, or section where the vessel is operating. At the time of the contact with the representative, the tendering vessel operator shall state the number and pounds of groundfish on board the vessel and the vessel's unloading destination.

History

Authority: AS 16.05.251
Eff. 5/31/98, Register 146

5 AAC 28.050 Lawful gear for groundfish {#sec-5-aac-28.050 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.050}

(a) Unless otherwise provided or restricted by specific groundfish regulations in this chapter, groundfish may be taken only by trawls, hand troll gear, seines, mechanical jigging machines, dinglebar troll gear, longlines, or pots, except that

(1) king and Tanner crab pots as described in 5 AAC 34.050(2) and 5 AAC 35.050(2) may not be used to take groundfish;

(2) repealed 5/31/98.

(b) All commercial longline or skate gear buoys, or kegs and buoys for groundfish pots, must be marked as follows:

(1) at least one buoy on each groundfish pot must be legibly marked with the permanent ADF&G vessel license plate number of the vessel operating the gear on the top one-half of the buoy in numerals at least four inches high, one-half inch wide, and in a color that contrasts with the color of the buoy; the buoy markings must be visible on the buoy above the water surface when the buoy is attached to the groundfish pot;

(2) each end of a ground fish pot longline must have an attached buoy marked with the permanent ADF&G vessel plate number of the vessel operating the groundfish longlined pot gear; the buoy must have the letters LP to designate the gear as longlined groundfish pot gear and the buoy may bear only the number of the vessel operating the gear; the numbers and letters must be marked in the top one-half of the buoy in numbers and letters that are at least four inches high, one-half inch wide, and in a color that contrasts with the color of the buoy; the buoy markings must be visible on the buoy above the water's surface when the buoy is attached to the longlined pot gear; for the purposes of this subsection, "longlined" means more than one groundfish pot is attached to a stationary, buoyed, and anchored line.

(d) Repealed 6/15/95.

(e) A groundfish pot is a pot with individual tunnel eye openings with perimeters 36 inches or less.

(f) Pot or buoy identification requirements for groundfish pots are as follows:

(1) in a registration area or a portion of a registration area where a groundfish pot limit is in effect

(A) each groundfish pot must have one identification tag issued by the department placed on the main buoy or on the trailer buoy if more than one buoy is attached to the pot; the main or trailer buoy may not display more than one tag issued under this subsection, and that tag must be the one that was issued for the year that the fishery is occurring; or

(B) when groundfish pots are operated as a groundfish pot longline, each groundfish pot must have one identification tag issued by the department placed on each pot; any buoy attached to the longline may not display an identification tag, and the pot may not display more than one tag issued under this subsection. and that tag must be issued for the year the fishing is occurring;

(2) identification tags are issued before each fishing season, are uniquely numbered for each registration year, and will be issued at the time of vessel registration for that vessel only; the vessel owner, or the owner's agent, shall apply for identification tags at a department office designated to issue the tags; replacement of tags lost during the season is permitted if the vessel operator submits a sworn statement or affidavit, by mail, facsimile, or in person, to a department office designated to issue tags, describing how the tags were lost and listing the numbers of the lost tags; tags shall be renewed annually before each fishing season.

(g) Repealed 2/21/2024.

History

Authority: AS 16.05.251
Eff. 7/30/89, Register 111; am 5/2/92, Register 122; am 9/22/93, Register 127; am 6/15/95, Register 134; am 4/4/97, Register 142; am 5/31/98, Register 146; am 5/19/2001, Register 158; am 6/25/2023, Register 246; em am 10/25/2023 - 2/21/2024, Register 248

5 AAC 28.051 Gear for halibut {#sec-5-aac-28.051 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.051}

(a) Unless otherwise specified in this chapter, halibut may be taken only by hand troll gear, mechanical jigging machines, dinglebar troll gear, pots, and longlines.

(b) All commercial buoys or kegs must be marked with the permanent vessel license plate number of the vessel operating the gear.

(c) A vessel registered for another pot fishery that has a pot limit in effect may not have on board or in the water more pots in the aggregate allowed in that fishery.

History

Authority: AS 16.05.251
Eff. 7/30/89, Register 111; am 6/15/95, Register 134; am 5/31/98, Register 146; am 3/27/2022, Register 241

5 AAC 28.052 Logbooks {#sec-5-aac-28.052 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.052}

Repealed.

History

Eff. 4/2/92, Register 122; am 5/31/98, Register 146; repealed 6/20/2010, Register 194

5 AAC 28.053 Observers {#sec-5-aac-28.053 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.053}

Repealed.

History

Eff. 5/2/92, Register 122; am 6/15/95, Register 134; am 5/31/98, Register 146; repealed 6/20/2010, Register 194

5 AAC 28.055 Seabird avoidance measures in groundfish fisheries {#sec-5-aac-28.055 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.055}

When commercial fishing for groundfish with a longline in state waters, the operator of a vessel that is greater than 26 feet in overall length shall comply with the seabird avoidance measures described in 50 C.F.R. 679.24, revised as of April 27, 2009 and adopted by reference. For the purposes of this section, "overall length" means the straight line length between the extremities of the vessel, excluding the anchor rollers.

History

Authority: AS 16.05.251
Eff. 12/1/2004, Register 172; em am 1/24/2008 - 5/22/2008, Register 185; am 6/22/2008, Register 186; am 6/20/2010, Register 194

5 AAC 28.070 Groundfish possession and landing requirements {#sec-5-aac-28.070 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.070}

(a) Unless otherwise provided in this chapter,

(1) in a groundfish fishery, a CFEC permit holder may not have on board a vessel operated by that permit holder, bycatch of any other species or species group of groundfish;

(2) in a halibut fishery, a CFEC permit holder may not have on board a vessel operated by that permit holder, bycatch of any species or species group of groundfish.

(b) Notwithstanding (a) of this section or any other provision of this chapter, during times when the commissioner determines it necessary for conservation of the resource, to avoid waste of a bycatch species, to prevent overharvest of a bycatch species, or to facilitate consistency of state and federal regulations for a species, the commissioner may close and reopen fishing seasons to provide for changes to groundfish bycatch levels, as provided in this subsection. The commissioner may, by emergency order, close a directed groundfish season and immediately reopen a season during which a CFEC permit holder may have on board a bycatch level of another groundfish species, established by the commissioner and stated in the emergency order, of up to 20 percent, by weight, of the directed groundfish species on board the vessel. Regarding a directed halibut fishery, the commissioner may, by emergency order, close and immediately reopen the fishing season for a bycatch groundfish species during which a CFEC halibut permit holder may have on board a bycatch level of that groundfish species, established by the commissioner and stated in the emergency order, of up to 20 percent, by weight, of the halibut on board the vessel. If a CFEC permit holder has on board the permit holder's vessel fish taken in more than one directed fishery for which a bycatch level has been established under this subsection, each applicable bycatch level percentage is applied to the weight of the fish taken in the applicable directed fishery and the resulting amounts are added together to determine the total weight of the bycatch species that may be on board the vessel.

(1) a CFEC permit holder who has a groundfish species on board the permit holder's vessel may not operate groundfish gear in an area in which the taking of that species of groundfish is prohibited;

(2) a CFEC permit holder, while taking fish in an area or having taken fish in an area during the same trip, may not have on board the permit holder's vessel an aggregate amount of a groundfish species that exceeds the amount allowed by regulation for that area, regardless of where the groundfish were taken.

(d) Notwithstanding any other provision of this chapter, if the operator of a catcher-processor vessel has written authorization from the department, the operator may retain on board the vessel an amount of processed fish that exceeds a limit set by this chapter. The department will issue the written authorization if completed fish tickets for all fish on board the vessel have been submitted to the department or an authorized department representative before the beginning of the next fishing period in which the operator intends to fish.

(e) Notwithstanding any other provision of this section, a CFEC permit holder operating a vessel fishing for groundfish shall bring on board the vessel all Pacific cod and walleye pollock caught while operating the vessel. The permit holder or a crewmember may not take any action intended to discard or release Pacific cod or walleye pollock before the fish is brought on board the vessel. The permit holder shall retain

(1) all Pacific cod brought on board a vessel when a directed fishery for Pacific cod is open and all Pacific cod brought on board a vessel up to the maximum retainable bycatch of Pacific cod when a directed fishery for Pacific cod is closed;

(2) all walleye pollock brought on board a vessel when a directed fishery for walleye pollock is open and all walleye pollock brought on board a vessel up to the maximum retainable bycatch of walleye pollock when a directed fishery for walleye pollock is closed.

(f) Partial deliveries of groundfish may occur as follows:

(1) a CFEC permit holder landing groundfish shall notify the processor of any groundfish remaining on board the vessel after the delivery, and the processor shall report the landing as a partial delivery with the eLandings system or on an ADF&G fish ticket;

(2) except for a reported partial delivery,

(A) a person delivering groundfish to a processor shall land all groundfish on board the vessel;

(B) a processor that accepts delivery of or purchases groundfish from a vessel shall sort and weigh by species all groundfish landed by a vessel, and groundfish may be returned to a vessel only after the landing is reported as specified in 5 AAC 39.130;

(3) groundfish that remains on board, or is returned to, a vessel may not be designated as discarded at sea for eLanding or ADF&G fish ticket purposes;

(4) after making a partial delivery, a vessel operator may not offload any groundfish remaining on board the vessel unless making a final delivery and landing all groundfish from the vessel.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 6/15/95, Register 134; am 12/31/97, Register 144; am 5/31/98, Register 146; am 8/23/2009, Register 191; am 6/1/2013, Register 206; am 6/26/2016, Register 218

5 AAC 28.071 Possession and landing requirements {#sec-5-aac-28.071 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.071}

Expired.

5 AAC 28.072 Trip limits for commercial pollock vessels {#sec-5-aac-28.072 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.072}

Expired.

5 AAC 28.073 Trip limits for commercial walleye pollock vessels {#sec-5-aac-28.073 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.073}

5 AAC 28.073 was originally filed as an emergency regulation effective 9/27/99 and was scheduled to appear in the emergency regulations appendix of the Alaska Administrative Code in Register 152 (January 2000). Since the emergency regulation was also made permanent in Register 152, it never appeared in print in the emergency regulations appendix of Title 5 of the Alaska Administrative Code.

In the state waters between 140° W. long. and 170° W. long., a person may not harvest from, off-load from, or retain on board a catcher vessel, during a calendar day, more than 300,000 pounds of unprocessed walleye pollock, or retain on board a tender vessel, during a calendar day, more than 600,000 pounds of unprocessed walleye pollock, harvested in the state waters adjacent to the federal waters of the Western, Central, and a portion of the Eastern Gulf of Alaska Areas described in 50 C.F.R. 679, Figure 3, revised as of May 21, 2009, adopted by reference.

History

Authority: AS 16.05.251
Eff. 9/27/99, Register 152; am 3/15/2008, Register 185; am 6/20/2010, Register 194; am 6/26/2016, Register 218

5 AAC 28.075 Utilization of walleye pollock and Pacific cod taken in a commercial fishery {#sec-5-aac-28.075 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.075}

(a) A processor or processor's agent that accepts delivery of or purchases groundfish from a vessel shall accept delivery of all walleye pollock and Pacific cod retained by the vessel under 5 AAC 28.070(e).

(b) A processor that accepts delivery of or purchases walleye pollock and Pacific cod retained under 5 AAC 28.070(e) shall utilize a portion of each fish in order to achieve at least 15 percent utilization of the flesh by weight based on the total weight of the walleye pollock or Pacific cod accepted or purchased.

(1) "flesh" has the meaning given in AS 16.10.165(e), and does not include roe;

(2) "utilization" means use of the flesh of walleye pollock or Pacific cod by processing it for human consumption, for reduction to meal, for production of food for domestic animals or fish, for bait, or for scientific, display, or educational purposes.

History

Authority: AS 16.05.251; AS 16.10.165
Eff. 12/31/97, Register 144; am 8/27/98, Register 147; am 6/26/2016, Register 218

5 AAC 28.081 State-Waters Pacific Cod Management Plans {#sec-5-aac-28.081 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.081}

(a) This section applies to the management plans for Pacific cod as set out for the Prince William Sound Area (5 AAC 28.267), Cook Inlet Area (5 AAC 28.367), Kodiak Area (5 AAC 28.467), Chignik Area (5 AAC 28.537), South Alaska Peninsula Area (5 AAC 28.577), and Bering Sea - Aleutian Islands Area (5 AAC 28.647 and 5 AAC 28.648).

(b) Annual guideline harvest levels set out in these management plans depend on the Pacific cod stock assessments conducted by the National Marine Fisheries Service (NMFS).

(1) "estimated total allowable harvest" means the annual acceptable biological catch (ABC) established by the North Pacific Fishery Management Council (NPFMC) for Gulf of Alaska and Bering Sea and Aleutian Islands Pacific cod stocks, including the harvest of Pacific cod in a state-waters season defined in this subsection;

(2) "federal season" means a Pacific cod fishing season set by the NPFMC and implemented in the federal waters by the NMFS;

(3) "parallel season" means a Pacific cod fishing season in state waters established by the commissioner, under emergency order authority, to correspond with the times, and unless otherwise specified, the gear of the federal season in adjacent federal waters;

(4) "state-waters season" mean a Pacific cod fishing season in the waters of Alaska that occurs under a guideline harvest level;

(5) "federal Eastern Gulf of Alaska" means the Eastern Gulf of Alaska regulatory area as defined for the federal waters by the NPFMC;

(6) "federal Central Gulf of Alaska" means the Central Gulf of Alaska regulatory area as defined for the federal waters by the NPFMC;

(7) "federal Western Gulf of Alaska" means the Western Gulf of Alaska regulatory area as defined for the federal waters by the NPFMC;

(8) "federal Bering Sea and Aleutian Islands" means the Bering Sea and Aleutian Islands regulatory area as defined for the federal waters by the NPFMC and includes the

(A) "Aleutian Islands Subarea" as defined for the federal waters by the NPFMC; and

(B) "Bering Sea Subarea" as defined for the federal waters by the NPFMC;

(9) "overall length" means the straight line length between the extremities of the vessel, excluding anchor rollers;

(10) "working day" means a day other than Saturday, Sunday, or a state holiday.

(d) A guideline harvest level specified within an area management plan for Pacific cod in this chapter will be considered to have been achieved in any calendar year if the total harvest is within 10 percent of the guideline harvest level.

History

Authority: AS 16.05.251
Eff. 4/4/97, Register 142; am 5/31/98, Register 146; am 5/10/2006, Register 178; am 4/20/2012, Register 202; am 2/23/2014, Register 209; am 2/28/2016, Register 217

5 AAC 28.083 Permit requirements for skates and rays {#sec-5-aac-28.083 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.083}

(a) Except as otherwise specified in this chapter or when taken as allowable bycatch in another directed fishery, skates and rays may be taken only under the conditions of a permit issued by the commissioner. The permit may

(1) restrict the depth of fishing operations;

(2) specify season dates;

(3) specify areas of fishing operations by district, subdistrict, or other portions of a registration area;

(4) establish minimum size limits;

(5) specify the type and configuration of gear;

(6) require the completion of logbooks, provided by the department, and require that the logbooks be attached to a fish ticket at the time of landing; and

(7) require other conditions determined by the commissioner to be necessary for conservation and management purposes.

(b) For the purpose of this section, "skates and rays" are species of the order Rajiformes.

History

Authority: AS 16.05.251
Eff. 5/31/98, Register 146

5 AAC 28.084 Fishing seasons, landing requirements, and utilization for sharks {#sec-5-aac-28.084 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.084}

(a) There is no open season for sharks, except sharks may be retained bycatch as specified in 5 AAC 28.070(b).

(b) For the purpose of this section, "sharks" are species of the order Lamniformes, Squaliformes, and Carcharhiniformes.

(c) A person that retains any species of shark as bycatch and sells or retains any species of shark, must sell or utilize the shark. All harvested sharks must have fins, head, and tail attached at the time of sale. In this subsection, "utilize" means use of the flesh of the shark for human consumption, for reduction to meal for production of food for animals or fish, for bait, or for scientific, display, or educational purposes.

History

Authority: AS 16.05.251
Eff. 5/31/98, Register 146; am 7/5/2000, Register 155

5 AAC 28.085 Application of regulations {#sec-5-aac-28.085 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.085}

5 AAC 28.085 took effect 7/25/95, Register 135, as an emergency regulation. In reviewing the "permanent" regulation, the regulations attorney made technical corrections to the wording of the regulation. The section's history note does not reflect the changes made by the regulations attorney.

The regulations in this chapter regarding lingcod fishing also apply in the adjoining waters of the exclusive economic zone.

History

Authority: AS 16.05.251; AS 16.10.190
Eff. 7/25/95, Register 135

5 AAC 28.086 Parallel groundfish fishery emergency order authority {#sec-5-aac-28.086 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.086}

(a) In addition to the provisions of this chapter and the reporting requirements specified in 5 AAC 39.130, and notwithstanding any contrary provisions of this chapter, the commissioner may open and close, by emergency order, a parallel groundfish fishery during which area closures, gear and vessel size restrictions, and bycatch control measures may be imposed as the commissioner determines are reasonably necessary to correspond with federal groundfish fishery management measures in adjacent federal waters.

(b) For the purposes of this section, "parallel groundfish fishery" means a groundfish fishery in state waters opened by the commissioner, by emergency order, to correspond with a federal groundfish fishery in adjacent federal waters.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 4/24/2009, Register 190; am 5/31/2009, Register 190; am 6/10/2010, Register 194

5 AAC 28.087 Management measures in parallel groundfish fisheries for protection of Steller sea lions {#sec-5-aac-28.087 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.087}

(a) Notwithstanding the provisions of this chapter, in managing the parallel groundfish fisheries, the commissioner may open and close, by emergency order, fishing seasons during which area closures, gear restrictions, vessel size limits, reporting, monitoring, and enforcement requirements may be imposed to match federal fishery management measures for the protection of Steller sea lions.

(b) Notwithstanding (a) of this section, during a parallel season for Pacific cod

(1) in the Kodiak Area, the waters within three nautical miles of the Steller sea lion haul out at Cape Barnabas (57° 10.20' N. lat., 152° 53.05' W. long.) shall be open to pot and mechanical jigging machine gear;

(2) in the South Alaska Peninsula Area, the waters within three nautical miles of the Steller sea lion haul out at Caton Island (54° 22.70' N. lat., 162° 21.30' W. long.) shall be open to pot and mechanical jigging machine gear; and

(3) in the Bering Sea - Aleutian Islands Area, the state waters between 175° W. long. and 178° W. long. shall be open to fishing with trawl, pot, mechanical jigging machine, and hand troll gear by vessels that are no more than 60 feet in overall length, and to fishing with longline gear by vessels that are no more than 58 feet in overall length, of which the Steller sea lion protection measures found in Table 5 to 50 C.F.R. 679, (69 Federal Register 75865, December 20, 2004) apply, except that all waters within three nautical miles of the Steller sea lion site at Kanaga Island/Ship Rock at 51° 46.70' N. lat., 177° 20.72' W. long. are closed to the taking of Pacific cod; for the purposes of this paragraph, "overall length" means the straight line length between extremities of the vessel, excluding anchor rollers.

(4) in the Chignik Area, the state waters within 20 nautical miles of the Steller sea lion haul out at Sutwik Island (56° 31.05' N. lat., 157° 20.47' W. long.) shall be open to pot gear, except for waters within three nautical miles of the Steller sea lion haul out at Sutwik Island (56° 31.05' N. lat., 157° 20.47' W. long.).

(c) In state waters west of 144° W. long., a vessel participating in a parallel groundfish fishery must have on board the vessel an activated vessel monitoring system (VMS) approved by the National Marine Fisheries Service. A vessel using only mechanical jigging machines, hand troll gear, or dinglebar troll gear is not required to have a VMS on board the vessel.

(d) For the purposes of this section, "parallel groundfish fisheries" means the Pacific cod, walleye pollock, and Atka mackerel fisheries in state waters opened by the commissioner, under emergency order authority, to correspond with the times, area, and unless otherwise specified, the gear of the federal season in adjacent federal waters.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 1/3/2002, Register 161; am 8/18/2002, Register 163; am 12/29/2002, Register 164; am 4/24/2009, Register 190; am 5/31/2009, Register 190; am 1/20/2011, Register 197; am 6/17/2011, Register 198, Register 126; am 7/22/2017, Register 223

5 AAC 28.089 Guiding principles for groundfish fishery regulations {#sec-5-aac-28.089 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.089}

Repealed.

History

Eff. 9/3/97, Register 143; am 5/26/2006, Register 178; am 3/14/2009, Register 189; am 4/21/2011, Register 198; am 5/1/2011, Register 198; repealed 6/1/2013, Register 206

Article 3 Prohibitions

5 AAC 28.090 Limitations while fishing for shellfish {#sec-5-aac-28.090 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.090}

(a) A validly registered king crab fishing vessel may not be used to take groundfish with pots in an area closed to the taking of king crab.

(b) A validly registered shrimp trawl vessel may not be used to take groundfish with trawls in an area closed to the taking of shrimp with trawls.

(c) A validly registered Tanner crab fishing vessel may not be used to take groundfish with pots in an area closed to the taking of Tanner crab.

(d) A validly registered Dungeness crab fishing vessel may not be used to take groundfish with pots in an area closed to the taking of Dungeness crab.

History

Authority: AS 16.05.251
Eff. 7/30/89, Register 111

5 AAC 28.092 Limitations for halibut {#sec-5-aac-28.092 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.092}

No person may take or possess for commercial purposes any species of halibut (genus Hippoglossus) in a manner inconsistent with the regulations of the International Pacific Halibut Commission.

History

Authority: AS 16.05.251
Eff. 7/30/89, Register 111

Article 4 Eastern Gulf of Alaska Area (Registration Area A)

5 AAC 28.100 Description of Eastern Gulf of Alaska Area {#sec-5-aac-28.100 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.100}

The Eastern Gulf of Alaska Area consists of all waters of Alaska described in 5 AAC 39.975(13) east of 144° W. long., and to the extent provided in 5 AAC 28.010, waters of the adjacent exclusive economic zone east of 144° W. long.

History

Authority: AS 16.05.251; AS 16.10.190
Eff. 7/30/89, Register 111; am 4/15/94, Register 130; am 4/4/97, Register 142; am 6/15/97, Register 142; am 6/3/2000, Register 154

5 AAC 28.105 Description of Eastern Gulf of Alaska Area districts, subdistricts, sections, and sectors {#sec-5-aac-28.105 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.105}

(a) Southeast District: all waters described in 5 AAC 28.100.

(1) Southern Southeast Inside (SSEI) Subdistrict: All waters of Dixon Entrance, Clarence Strait, Ernest Sound, Behm Canal, Bradfield Canal, Sumner Strait, Cordova Bay, Tlevak Strait, Bucarelli Bay, Gulf of Esquibel, Davidson Inlet, Sea Otter Sound, Stikine Strait, Blake Channel, Zimovia Strait, Eastern Passage, and contiguous bays and inlets and that portion of Frederick Sound, bordered by a line from 54° 43.50' N. lat., 130° 37.62' W. long. to 54° 43.40' N. lat., 130° 37.65' W. long. to 54° 43.25' N. lat., 130° 37.73' W. long. to 54° 43' N. lat., 130° 37.92' W. long. to 54° 42.97' N. lat., 130° 37.95' W. long. to 54° 42.78' N. lat., 130° 38.10' W. long. to 54° 42.37' N. lat., 130° 38.43' W. long. to 54° 41.15' N. lat., 130° 38.97' W. long. to 54° 39.90' N. lat., 130° 38.97' W. long. to 54° 39.23' N. lat., 130° 39.30' W. long. to 54° 39.80' N. lat., 130° 41.58' W. long. to 54° 40.05' N. lat., 130° 42.37' W. long. to 54° 40.70' N. lat., 130° 44.72' W. long. to 54° 40.68' N. lat., 130° 44.98' W. long. to 54° 40.77' N. lat., 130° 45.85' W. long. to 54° 41.10' N. lat., 130° 48.52' W. long. to 54° 41.08' N. lat., 130° 49.28' W. long. to 54° 41.35' N. lat., 130° 53.30' W. long. to 54° 41.43' N. lat., 130° 53.65' W. long. to 54° 42.45' N. lat., 130° 56.30' W. long. to 54° 42.57' N. lat., 130° 57.15' W. long. to 54° 43' N. lat., 130° 57.68' W. long. to 54° 43.77' N. lat., 130° 58.92' W. long. to 54° 44.20' N. lat., 130° 59.73' W. long. to 54° 45.65' N. lat., 131° 03.10' W. long. to 54° 46.27' N. lat., 131° 04.72' W. long. to 54° 42.18' N. lat., 131° 13' W. long. to 54° 40.87' N. lat., 131° 13.90' W. long. to 54° 39.15' N. lat., 131° 16.28' W. long. to 54° 36.87' N. lat., 131° 19.37' W. long. to 54° 29.88' N. lat., 131° 33.80' W. long. to 54° 30.53' N. lat., 131° 38.02' W. long. to 54° 28.30' N. lat., 131° 45.33' W. long. to 54° 26.68' N. lat., 131° 49.47' W. long. to 54° 21.85' N. lat., 132° 02.90' W. long. to 54° 24.87' N. lat., 132° 23.65' W. long. to 54° 24.68' N. lat., 132° 24.48' W. long. to 54° 24.68' N. lat., 132° 24.58' W. long. to 54° 24.65' N. lat., 132° 26.85' W. long. to 54° 25.33' N. lat., 132° 41.53' W. long. to the Cape Muzon Light to the northernmost tip of Eagle Point on Dall Island and passing successively through the southernmost tip of Point Arboleda, the northernmost tip of Point San Rogue, the southernmost tip of Cape Ulitka, the northernmost tip of Cape Lynch to the southernmost tip of Helm Point, and from a point west of Gish Bay at 55° 54.53' N. lat., 134° 12.50' W. long. to the Cape Decision Light and from Point Camden to Salt Point Light on Keku Strait and from Beacon Point to Wood Point;

(2) Northern Southeast Inside (NSEI) Subdistrict: All waters of Frederick Sound, Stephens Passage, Lynn Canal, Icy Strait, Glacier Bay, Chatham Strait, and contiguous bays and inlets bordered by a line from Beacon Point to Wood Point, from Point Camden to Salt Point Light, the Cape Decision Light to a point west of Gish Bay at 55° 54.53' N. lat., 134° 12.50' W. long. to the southernmost tip of Helm Point to the westernmost tip of Hazy Island to the Cape Ommaney Light, north of 57° 30' N. lat. in Peril Strait, from the westernmost tip of Column Point to the northernmost tip of Soapstone Point and from the southernmost tip of Cape Spencer through Yakobi Rock to Yakobi Island;

(3) Icy Bay Subdistrict: All waters of the Southeast District between 140° W. long. and 144° W. long., including Yakutat Bay three miles seaward of a line from Ocean Cape at 59° 30' N. lat.;

(4) Southeast Outside Subdistrict: All remaining waters of the Southeast District:

(A) Southern Southeast Outside (SSEO) Section: all waters of the Southeast Outside Subdistrict south of 56° N. lat., and east of 137° W. long.;

(B) Central Southeast Outside (CSEO) Section: all waters of the Southeast Outside Subdistrict between 56° N. lat. and 57° 30' N. lat., and east of 137° W. long.;

(C) Northern Southeast Outside (NSEO) Section: all waters of the Southeast Outside Subdistrict north of 57° 30' N. lat., and east of 137° W. long.;

(D) East Yakutat (EYKT) Section: all waters of the Southeast Outside Subdistrict between 137° and 140° W. long.

(b) Repealed 4/15/94.

(d) Southern Southeast Outer Coast (SSEOC) Sector: All waters of the Southern Southeast Outside Section and all waters of the Southern Southeast Inside Subdistrict that are south of 56° N. lat., and west of Prince of Wales Island, or south of 54° 43' N. lat., and west of 132° W. long.

(e) Southern Southeast Internal Waters (SSEIW) Sector: All waters of the Southern Southeast Inside Subdistrict not included in the Southern Southeast Outer Coast Sector.

History

Authority: AS 16.05.251; AS 16.10.190
Eff. 7/30/89, Register 111; am 4/15/94, Register 130; am 4/4/97, Register 142; am 6/15/97, Register 142; am 5/31/98, Register 146; am 6/3/2000, Register 154; am 6/11/2000, Register 154; am 6/14/2000, Register 154; am 7/14/2000, Register 155; am 3/11/2001, Register 157; am 2/23/2014, Register 209

5 AAC 28.106 Eastern Gulf of Alaska Area registration {#sec-5-aac-28.106 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.106}

(a) The Eastern Gulf of Alaska Area is a nonexclusive registration area for Pacific cod. Notwithstanding 5 AAC 28.020(a), before a person uses a vessel to operate gear to take Pacific cod in a directed Pacific cod fishery in the Eastern Gulf of Alaska Area, the vessel owner or the owner's agent shall register the vessel with the department by completing a registration form with the vessel's name, management areas the vessel will be fishing in, contact number, and the signature of the owner or owner's agent.

(b) Notwithstanding 5 AAC 28.020(a), before a person uses a vessel to operate gear to take sablefish in the Northern Southeast Inside (NSEI) Subdistrict or the Southern Southeast Inside (SSEI) Subdistrict, the vessel owner, or the owner's agent, shall register the vessel with the department as follows:

(1) the vessel must be registered before fishing in the sablefish fishery;

(2) the vessel owner, or the owner's agent, shall include on the registration form the vessel's name and the full name and CFEC permit number or interim use permit number of each sablefish permit holder who will be on board the vessel during the open fishing period;

(3) the vessel owner, or the owner's agent, shall sign the registration form;

(4) a person who holds a CFEC sablefish permit or interim use sablefish permit for the NSEI Subdistrict or for the SSEI Subdistrict may not register to fish on more than one vessel at a time;

(5) a separate registration is required for each subdistrict.

(c) Notwithstanding 5 AAC 28.020(a), before a person uses a vessel to operate gear to take lingcod in a directed lingcod fishery in the Eastern Gulf of Alaska Area, the vessel owner or the owner's agent shall register the vessel with the department by completing a registration form with the vessel's name, management areas the vessel will be fishing in, and the signature of the owner or owner's agent.

(d) Notwithstanding 5 AAC 28.020(a), before a person uses a vessel to operate gear to take demersal shelf rockfish in a directed fishery in the Eastern Gulf of Alaska Area, the vessel owner or owner's agent shall register the vessel with the department by completing a registration from with the vessel's name, management areas the vessel will be fishing, contact number, and the signature of the owner or owner's agent. A separate registration is required for the winter and fall fisheries described in 5 AAC 28.111(a).

(e) Notwithstanding 5 AAC 28.020(a), before a person uses a vessel to operate gear to take black rockfish in a directed black rockfish fishery in the Eastern Gulf of Alaska Area, the vessel owner or owner's agent shall register the vessel with the department by completing a registration form with the vessel's name, management areas the vessel will be fishing, contact number, and the signature of the owner or owner's agent.

(f) The Icy Bay Subdistrict is a superexclusive registration area for the directed commercial lingcod fishery. Notwithstanding 5 AAC 28.020(b), a CFEC permit holder who participates in the directed commercial taking of lingcod in the Icy Bay Subdistrict may not participate or have participated in the directed commercial taking of lingcod as a CFEC permit holder in any other registration area or portion of a registration area during that calendar year. A vessel used in the directed commercial taking of lingcod in the Icy Bay Subdistrict may not be used or have been used in the directed commercial taking of lingcod in any other registration area or portion of a registration area during that calendar year.

(g) The Southeast District is a superexclusive area for the commercial flatfish trawl fishery. Notwithstanding 5 AAC 28.020(a), before a vessel is used to take flatfish in the commercial flatfish trawl fishery in the Southeast District, the vessel owner, or the owner's authorized agent, must register the vessel with the department. The CFEC permit holder that will be operating the gear from the vessel being used and registered to take flatfish under this section must also register with the department. During the calendar year of registration, the

(1) vessel may not be used to take flatfish in a commercial trawl fishery in any other registration area; and

(2) CFEC permit holder may not participate in a commercial flatfish trawl fishery in any other registration area.

History

Authority: AS 16.05.251
Eff. 4/4/97, Register 142; am 6/15/97, Register 142; am 11/20/97, Register 144; am 6/14/2000, Register 154; am 7/18/2003, Register 167; am 5/26/2006, Register 178; am 7/13/2012, Register 203; am 9/25/2022, Register 243

5 AAC 28.110 Sablefish fishing seasons for Eastern Gulf of Alaska Area {#sec-5-aac-28.110 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.110}

(a) In the Eastern Gulf of Alaska Area, sablefish may be taken only as follows:

(1) in the Northern Southeast Inside Subdistrict, from 8:00 a.m. August 15 until 12:00 noon November 15;

(2) in the Southern Southeast Inside Subdistrict, from 8:00 a.m. June 1 until 12:00 noon November 15.

(b) Repealed 6/15/97.

(c) Notwithstanding (a) of this section, sablefish may be taken outside of established seasons in order to provide information on stock condition and other research questions, as provided in this subsection. The commissioner may request that permit holders who are interested in fishing outside of established seasons for that purpose notify the department. The commissioner may randomly select from those permit holders. Selected permit holders shall fish under terms specified by the commissioner.

History

Authority: AS 16.05.251
Eff. 7/30/89, Register 111; am 4/30/91, Register 118; am 5/29/93, Register 126; am 4/15/94, Register 130; am 7/23/94, Register 131; am 6/15/97, Register 142; am 6/3/2000, Register 154; am 7/18/2003, Register 167; am 7/13/2012, Register 203; am 6/17/2018, Register 226

5 AAC 28.111 Demersal shelf rockfish fishing seasons for Eastern Gulf of Alaska Area {#sec-5-aac-28.111 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.111}

(a) In the Southeast District, demersal shelf rockfish may be taken in a management area and in the directed fishery only as follows:

(1) in the Southeast Outside Subdistrict, from January 5 until the day before the start of the commercial halibut season, or until the annual directed harvest limit for the management area is taken, whichever occurs first;

(2) in the Northern Southeast Inside and Southern Southeast Inside Subdistricts,

(A) from January 5 until the day before the start of the commercial halibut season, or until 67 percent of the annual directed harvest limit for the management area is taken, whichever occurs first; and

(B) from the day following the end of the commercial halibut season through December 31, or until the remainder of the annual directed harvest limit for the management area is taken, whichever occurs first.

(b) For all Eastern Gulf of Alaska demersal shelf rockfish fishing periods, the opening time is 9:00 a.m. and the closing time is 4:00 p.m.

(c) The season opening for the directed demersal shelf rockfish fishery in the Southeast Outside Subdistrict will be delayed for the management area eligible to be opened under this subsection for

(1) 24 hours if the corresponding National Weather Service marine forecast issued during the 48 hours before the season opening contains freezing spray or gale force winds of 35 knots or higher for the scheduled opening date; and

(2) 48 hours if the corresponding National Weather Service marine forecast issued during the 48 hours before the season opening date contains freezing spray or gale force winds of 35 knots or higher for the day after the scheduled opening date.

(d) Announcement of a season opening delay under (c) of this section will be issued at least 24 hours before the season opening of the fishery. If freezing spray or gale force winds of 35 knots or higher continue after the initial delay, the season opening will be delayed an additional 24 hours. The delay may continue on a rolling 24-hour basis as necessary for up to five days after the scheduled opening date.

(e) For the purposes of this section, the corresponding National Weather Service marine forecast areas for the management sections of the Southeast Outside Subdistrict are as follows:

(1) East Yakutat (EYKT) Section: Cape Fairweather to Icy Cape;

(2) Northern Southeast Outside (NSEO) Section: Cape Edgecumbe to Cape Spencer and Cape Spencer to Cape Fairweather;

(3) Central Southeast Outside (CSEO) Section: Cape Decision to Cape Edgecumbe and Cape Edgecumbe to Cape Spencer;

(4) Southern Southeast Outside (SSEO) Section: Dixon Entrance to Cape Decision.

History

Authority: AS 16.05.251
Eff. 4/15/94, Register 130; am 6/15/97, Register 142; am 6/3/2000, Register 154; am 5/26/2006, Register 178; am 5/31/2009, Register 190; am 6/27/2025, Register 254

5 AAC 28.112 Flatfish (flounder and sole) fishing seasons for Eastern Gulf of Alaska Area {#sec-5-aac-28.112 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.112}

In the waters of Alaska in the Eastern Gulf of Alaska Area, flatfish (flounder and sole) may be taken by trawl only as follows:

(1) in waters of Sumner Strait north and east of a line from Mitchell Point to Point St. John, west of a line from the tip of Low Point to the tip of Point Alexander, south of a line from Point Alexander to the southernmost tip of Woewodski Island, and south of the latitude of the northernmost tip of Butterworth Island in Duncan Canal, from October 1 through November 15 and from February 15 through April 15;

(2) in waters of Zimovia Strait and Anita Bay south of the latitude of Nemo Point and north of the latitude of Village Island, from October 1 through April 15;

(3) in waters of Sumner Strait, Stikine Strait, and Eastern Passage north and east of a line from Point Howe to Neal Point to Woronkofski Point to Point Highfield, north and west of a line from Babbler Point to Hour Point, and south of the latitude of Blaquiere Point, from October 1 through April 15;

(4) in waters of Keku Strait and Port Camden south and east of a line from Point Macartney to Cornwallis Point and west of a line from Point Camden to Salt Point, from October 1 through November 15 and from February 15 through April 15.

History

Authority: AS 16.05.251
Eff. 4/15/94, Register 130; am 6/3/2000, Register 154; am 7/29/2000, Register 155; am 7/18/2003, Register 167

5 AAC 28.113 Lingcod fishing seasons for Eastern Gulf of Alaska Area {#sec-5-aac-28.113 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.113}

(a) In the Eastern Gulf of Alaska Area, lingcod may be taken at any time except as otherwise provided in this chapter or when closed by emergency order.

(b) Lingcod may be taken in a directed lingcod fishery only from May 16 through November 30.

(d) Lingcod may be taken as bycatch in a commercial groundfish fishery operating mechanical jigging machines or hand troll gear only from May 16 through November 30.

(e) The season opening for the directed lingcod fishery in the Eastern Gulf of Alaska, excluding the Icy Bay Subdistrict superexclusive registration area, will be delayed in all management areas of Registration Area A if the National Weather Service marine forecast for a management area eligible to be opened under this subsection contains freezing spray or gale force winds of 35 knots or higher in the forecast for May 15, 16, or 17. The season opening will be delayed for

(1) 24 hours if the National Weather Service marine forecast issued by 8:00 a.m. on May 13 contains freezing spray or gale force winds of 35 knots or higher for May 15 or 16; and

(2) 48 hours if the National Weather Service marine forecast issued by 8:00 a.m. on May 13 contains freezing spray or gale force winds of 35 knots or higher for May 17.

(f) Announcement of a season opening delay under (e) of this section will be issued at least 24 hours before May 16. If freezing spray or gale force winds of 35 knots or higher continue after the initial delay, the season opening will be delayed an additional 24 hours and may continue on a rolling 24-hour basis as necessary for up to five days after the scheduled opening date.

(g) For the purposes of this section, the National Weather Service marine forecast areas for the management sections of the Eastern Gulf of Alaska are as follows:

(1) Dixon Entrance to Cape Decision;

(2) Cape Decision to Cape Edgecumbe;

(3) Cape Edgecumbe to Cape Spencer;

(4) Cape Spencer to Cape Fairweather;

(5) Cape Fairweather to Icy Cape.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 4/15/94, Register 130; am 6/15/97, Register 142; am 6/14/2000, Register 154; am 7/18/2003, Register 167; am 7/1/2015, Register 214; am 6/27/2025, Register 254

5 AAC 28.114 Fishing seasons for groundfish {#sec-5-aac-28.114 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.114}

Repealed.

History

Eff. 4/15/94, Register 130; repealed 6/15/97, Register 142

5 AAC 28.115 Pacific cod fishing seasons for Eastern Gulf of Alaska Area {#sec-5-aac-28.115 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.115}

In the Eastern Gulf of Alaska Area, Pacific cod may be taken from January 1 through December 31, unless otherwise provided in this chapter or closed by emergency order.

History

Authority: AS 16.05.251
Eff. 7/13/2012, Register 203

5 AAC 28.116 Black rockfish fishing seasons for Eastern Gulf of Alaska Area {#sec-5-aac-28.116 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.116}

In the Eastern Gulf of Alaska Area, black rockfish may be taken from January 1 through December 31, unless otherwise provided in this chapter or closed by emergency order.

History

Authority: AS 16.05.251
Eff. 7/13/2012, Register 203

5 AAC 28.130 Lawful gear for Eastern Gulf of Alaska Area {#sec-5-aac-28.130 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.130}

(a) In the Northern Southeast Inside Subdistrict and Southern Southeast Inside Subdistrict, sablefish may be taken only with longlines and pots.

(b) In the Southeast District, a longline vessel may have aboard or use for taking bait a gillnet with mesh size of not over two and one-half inches and made of not greater than Number 20 gillnet thread.

(c) In the Northern and Southern Southeast Inside Subdistricts, flatfish (flounder and sole) may be taken in a directed trawl fishery only by beam trawl gear, and only under the authority of a permit issued by the commissioner under ( l) of this section. In the permit the commissioner may specify open areas, fishing periods, gear and operating specifications, observer requirements, and completion of logbooks, available from the department, by the vessel operator.

(d) In the Southeast District,

(1) lingcod may be taken only by longline, dinglebar troll gear, power troll gear, hand troll gear, and mechanical jigging machines, except that in a directed fishery for lingcod, lingcod may be taken only by dinglebar troll gear, hand troll gear, and mechanical jigging machines;

(2) repealed 7/18/2003;

(3) Pacific cod, rockfish, shortspine thornyhead rockfish, and longspine thornyhead rockfish may be taken only by longline, dinglebar troll gear, power troll gear, hand troll gear, mechanical jigging machines, and pots, except that

(A) in a directed fishery for pelagic shelf rockfish, pelagic shelf rockfish may be taken only by dinglebar troll gear, hand troll gear, and mechanical jigging machines;

(B) in a directed fishery for demersal shelf rockfish, demersal shelf rockfish may be taken only by longline, dinglebar troll gear, hand troll gear, and mechanical jigging machines;

(4) repealed 7/18/2003.

(e) In areas open to a directed fishery for flatfish (flounder and sole) using beam trawl gear in the Northern and Southern Southeast Inside Subdistricts, a registered shrimp beam trawl vessel may trawl for flatfish using beam trawl gear in an area closed to shrimp trawling, if a cod-end mesh of at least five inches stretched measure is used.

(f) In the Eastern Gulf of Alaska Area, pots may not be longlined, except that pots may be longlined in the Northern Southeast Inside Subdistrict and Southern Southeast Inside Subdistrict sablefish fishery, directed Pacific cod fishery, and groundfish bait fishery as described in 5 AAC 28.190. In a directed fishery for sablefish, pots used to take sablefish must have at least two circular escape rings with a minimum inside diameter of three and one-half inches installed on opposing vertical or sloping walls.

(g) Repealed 7/14/2000.

(h) In the Eastern Gulf of Alaska Area,

(1) an operational unit of dinglebar troll gear consists of a train made from a single line to which one or more leaders, lures, or baited hooks are attached, that is fastened to a single troll wire, and that is deployed and retrieved with a single power troll gurdy or a single hand troll gurdy with a terminally attached weight pulled through the water while a vessel is making way; only one operational unit of dinglebar troll gear may be onboard a vessel or deployed from the vessel at or below the surface of the water at a time; weights, including dinglebars, cannon balls, and other fishing weights, must be disconnected from the troll wires of all other gurdies that are mounted on the vessel; additional trains may not be trailed behind the vessel;

(2) a mechanical jigging machine is a device that deploys a single line with lures or baited hooks and retrieves that line with electrical, hydraulic, or mechanically powered assistance; a mechanical jigging machine allows the line to be fished only in the water column, in a manner that the hooks connected to the line are fished above the seafloor; a mechanical jigging machine line may not be deployed while the vessel is making way under mechanized propulsion; the mechanical jigging machine line may not be anchored to the seafloor or operated unattached from the vessel; no more than five mechanical jigging machines may be operated from a vessel, with no more than 30 hooks per line operated from a mechanical jigging machine.

(i) Repealed 7/18/2003.

(j) Repealed 7/14/2000.

(k) A person may not operate a vessel that is using dinglebar troll gear and mechanical jigging machines at the same time.

(l) In the Eastern Gulf of Alaska Area, groundfish may be taken by trawl gear only under the authority of a permit issued by the commissioner, if the commissioner determines that issuing the permit is not inconsistent with 5 AAC 39.210.

History

Authority: AS 16.05.251
Eff. 7/30/89, Register 111; am 4/30/91, Register 118; am 4/15/94, Register 130; am 6/15/97, Register 142; am 6/14/2000, Register 154; am 7/5/2000, Register 155; am 7/14/2000, Register 155; am 7/18/2003, Register 167; am 7/13/2012, Register 203; am 5/9/2015, Register 214; am 6/17/2018, Register 226; am 9/25/2022, Register 243; am 6/25/2023, Register 246; am 6/27/2025, Register 254

5 AAC 28.133 Groundfish and halibut taken with salmon troll fishing gear in the Eastern Gulf of Alaska Area {#sec-5-aac-28.133 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.133}

(a) Groundfish incidentally taken by hand and power troll gear operated to take salmon consistent with applicable state laws and regulations are legally taken and possessed, except that lingcod may be taken under this subsection only from May 16 through November 30. Notwithstanding the provisions of this subsection, the commissioner may establish groundfish bycatch limits for the salmon fishery described in this subsection, if the commissioner determines it is necessary to manage the groundfish bycatch harvest within total catch limits established in this chapter.

(b) Repealed 5/26/2006.

(c) Halibut incidentally taken during an open commercial halibut season by power and hand troll gear being operated for salmon consistent with applicable state laws and regulations are legally taken and possessed.

History

Authority: AS 16.05.251
Eff. 5/31/98, Register 146; am 6/14/2000, Register 154; am 7/18/2003, Register 167; am 5/26/2006, Register 178

5 AAC 28.135 Vessel identification for Eastern Gulf of Alaska Area {#sec-5-aac-28.135 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.135}

(a) In the Eastern Gulf of Alaska Area, a vessel fishing for groundfish with dinglebar troll gear must display the letter "D" and a vessel fishing for groundfish with mechanical jigging machines must display the letter "M"

(1) on both sides of the hull, cabin, or mast;

(2) in symbols at least 12 inches high and one inch wide that contrast with the background;

(3) in a manner that leaves the letter plainly visible and unobscured; and

(4) at all times when fishing with or transporting fish taken with dinglebar troll gear or mechanical jigging machines.

(b) Repealed 7/14/2000.

(1) more than one letter required under (a) of this section at any time;

(2) any letter required under (a) of this section when the vessel is being used to fish for salmon.

History

Authority: AS 16.05.251
Eff. 4/15/94, Register 130; am 7/14/2000, Register 155

5 AAC 28.150 Closed waters in Eastern Gulf of Alaska Area {#sec-5-aac-28.150 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.150}

(a) The waters of Sitka Sound that are enclosed on the north by lines from Kruzof Island at 57° 20.50' N. lat., 135° 45.17' W. long. to Chichagof Island at 57° 22.05' N. lat., 135° 43' W. long., and from Chichagof Island at 57° 22.58' N. lat., 135° 41.30' W. long. to Baranof Island at 57° 22.28' N. lat., 135° 40.95' W. long., and on the south and west by a line running from the southernmost tip of Sitka Point at 56° 59.38' N. lat., 135° 49.57' W. long. to Hanus Point at 56° 51.92' N. lat., 135° 30.50' W. long. to the green day marker in Dorothy Narrows at 56° 49.28' N. lat., 135° 22.75' W. long. to Baranof Island at 56° 49.28' N. lat., 135° 22.60' W. long. are closed to the taking of lingcod. Lingcod taken in these waters must be immediately returned to the water unharmed.

(b) Notwithstanding (a) of this section, lingcod may be retained as bycatch in the halibut longline fishery and for a permit holder's personal use in the commercial salmon troll fishery in the waters described in (a) of this section, as limited by the provisions of 5 AAC 28.173(a) and (e).

(c) Groundfish may not be taken in the waters off Cape Edgecumbe enclosed by a box defined as 56° 55.5' N. lat., 56° 57' N. lat., 135° 54' W. long., and 135° 57' W. long.

(d) The following waters are closed to the directed taking of demersal shelf rockfish:

(1) in the Sitka vicinity: the waters of Sitka Sound that are enclosed on the north by lines from Kruzof Island at 57° 20.50' N. lat., 135° 45.17' W. long. to Chichagof Island at 57° 22.05' N. lat., 135° 43' W. long., and from Chichagof Island at 57° 22.58' N. lat., 135° 41.30' W. long. to Baranof Island at 57° 22.28' N. lat., 135° 40.95' W. long., and on the south and west by a line running from the southernmost tip of Sitka Point at 56° 59.38' N. lat., 135° 49.57' W. long. to Hanus Point at 56° 51.92' N. lat., 135° 30.50' W. long. to the green day marker in Dorothy Narrows at 56° 49.28' N. lat., 135° 22.75' W. long. to Baranof Island at 56° 49.28' N. lat., 135° 22.60' W. long.;

(2) in the Ketchikan vicinity: all waters of Behm Canal, Clarence Strait, Tongass Narrows, Nichols Passage, George Inlet, Carroll Inlet, Thorne Arm, Revillagigedo Channel, and all contiguous waters enclosed by the latitude of Bushy Point Light, a line from Point Alava to the southernmost tip of Ham Island, a line from Cedar Point to Dall Head, and a line from Dall Head to a point in midstream Clarence Strait at the latitude of Dall Head to Caamano Point;

(3) in the vicinity of Craig and Klawock: all waters of Ulloa Channel north of the latitude of Waterfall Cannery, and all waters enclosed by a line from the southernmost tip of St. Philip Island to the northernmost tip of San Fernando Island, to Point Cangrejo.

(e) Black rockfish may not be taken in a directed fishery in the following waters:

(1) Northern Southeast Outside Section between 57° 37' N. lat. and 57° 40' N. lat.;

(2) Central Southeast Outside Section,

(A) between 57° 10' N. lat. and 57° 03' N. lat.;

(B) the waters of Sitka Sound that are enclosed on the north by lines from Kruzof Island at 57° 20.50' N. lat., 135° 45.17' W. long. to Chichagof Island at 57° 22.05' N. lat., 135° 43' W. long., and from Chichagof Island at 57° 22.58' N. lat., 135° 41.30' W. long. to Baranof Island at 57° 22.28' N. lat., 135° 40.95' W. long., and on the south and west by a line running from the southernmost tip of Sitka Point at 56° 59.38' N. lat., 135° 49.57' W. long. to Hanus Point at 56° 51.92' N. lat., 135° 30.50' W. long. to the green day marker in Dorothy Narrows at 56° 49.28' N. lat., 135° 22.75' W. long. to Baranof Island at 56° 49.28' N. lat., 135° 22.60' W. long.;

(3) Southern Southeast Outside Section between 54° 56.70' N. lat. and 54° 44.40' N. lat.

History

Authority: AS 16.05.251
Eff. 6/15/97, Register 142; am 5/31/98, Register 146; am 3/11/2001, Register 157; am 8/24/2002, Register 163; am 7/18/2003, Register 167; am 5/26/2006, Register 178; am 5/31/2009, Register 190; am 7/1/2015, Register 214

5 AAC 28.160 Harvest guidelines and ranges for Eastern Gulf of Alaska Area {#sec-5-aac-28.160 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.160}

(a) In the Northern Southeast Inside Subdistrict, the department will set the annual guideline harvest limit for the taking of sablefish based on information available to the department, including estimates of sablefish biomass.

(b) In the Southern Southeast Inside Subdistrict, the department will set the annual guideline harvest limit for the taking of sablefish based on information available to the department, including estimates of sablefish biomass.

(1) in the Southeast Outside Subdistrict,

(A) the annual allowable catch of demersal shelf rockfish is calculated based on the federal total allowable catch (TAC) of demersal shelf rockfish, with 84 percent allocated to the commercial fisheries and 16 percent allocated to the sport fisheries after the estimated subsistence harvest has been subtracted from the TAC;

(B) the directed commercial demersal shelf rockfish quota is calculated based on the commercial allocation of the TAC after estimated bycatch mortality is deducted;

(2) in the directed taking of demersal shelf rockfish in the remaining waters of the Southeast District,

(A) for the Southern Southeast Inside Subdistrict: not more than 110,000 pounds round weight;

(B) in the Northern Southeast Inside Subdistrict: not more than 110,000 pounds round weight;

(3) for the directed taking of black rockfish in the Southeast District, the guideline harvest limits are as follows:

(A) Southern Southeast Outer Coast Sector: not more than 125,000 pounds round weight;

(B) Central Southeast Outside Section: not more than 100,000 pounds round weight;

(D) East Yakutat Section: not more than 25,000 pounds round weight;

(E) Icy Bay Subdistrict: not more than 25,000 pounds round weight.

(d) The guideline harvest ranges or limits for the taking of flatfish (flounder and sole) in the Northern and Southern Southeast Inside Subdistricts are as follows:

(1) in waters of Sumner Strait north and east of a line from Mitchell Point to Point St. John, west of a line from the tip of Low Point to the tip of Point Alexander, south of a line from Point Alexander to the southern tip of Woewodski Island, and south of the latitude of the northernmost tip of Butterworth Island in Duncan Canal: 100,000 - 350,000 pounds round weight;

(2) in waters of Zimovia Strait and Anita Bay south of the latitude of Nemo Point and north of the latitude of Village Island: 20,000 - 100,000 pounds round weight;

(4) in waters of Keku Strait and Port Camden south and east of a line from Point Macartney to Cornwallis Point and west of a line from Point Camden to Salt Point: 100,000 - 350,000 pounds round weight;

(5) in the remaining waters of the Northern Southeast Inside and Southern Southeast Inside Subdistricts: not more than 30,000 pounds round weight.

(e) In the Southeast District, the department shall announce, before the season, the annual guideline harvest level (GHL) for lingcod in each management area based on historical fishery performance data and population trends. Each GHL will be within the following ranges, in round pounds:

(1) Icy Bay Subdistrict0 - 100,000(2) East Yakutat Section0 - 225,000(3) Northern Southeast Outside Section0 - 40,000(4) Central Southeast Outside Section0 - 240,000(5) Southern Southeast Outer Coast Sector0 - 167,000(6) Southern Southeast Internal Waters

Sector0 - 52,000(7) Northern Southeast Inside Subdistrict0 - 32,000

(f) The guideline harvest range for the taking of Pacific cod in the Southern and Northern Southeast Inside Subdistricts combined is 750,000 - 1,250,000 pounds round weight.

History

Authority: AS 16.05.251
Eff. 7/30/89, Register 111; am 4/30/91, Register 118; am 5/29/93, Register 126; am 4/15/94, Register 130; am 6/15/97, Register 142; am 5/31/98, Register 146; am 6/14/2000, Register 154; am 7/18/2003, Register 167; am 5/26/2006, Register 178; am 6/21/2006, Register 178; am 5/31/2009, Register 190

5 AAC 28.165 Lingcod allocation guidelines for Eastern Gulf of Alaska Area {#sec-5-aac-28.165 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.165}

In the Eastern Gulf of Alaska Area, the department shall annually allocate the harvest in the lingcod commercial and sport fisheries as follows:

(1) Icy Bay Subdistrict:

(A) 46 percent to the directed commercial lingcod fishery;

(B) 12.67 percent to the commercial longline fisheries;

(D) 33.33 percent to the sport fishery;

(2) East Yakutat Section:

(A) if the annual guideline harvest level is at or below 200,000 pounds, as follows:

(i) 43 percent to the directed commercial lingcod fishery;

(ii) two percent to the sport fishery;

(iii) 47 percent to bycatch in the commercial longline fishery;

(iv) eight percent to bycatch in the commercial salmon troll fishery;

(B) if the guideline harvest level is over 200,000 pounds, as follows:

(i) 4,000 round pounds to the sport fishery;

(ii) 94,000 round pounds to bycatch in the commercial longline fishery;

(iii) 16,000 round pounds to bycatch in the commercial salmon troll fishery;

(iv) the remainder of the guideline harvest level will be allocated to the directed commercial lingcod fishery;

(3) Northern Southeast Outside Section:

(A) 43 percent to the directed commercial lingcod fishery;

(B) 22 percent to the sport fishery;

(D) eight percent to bycatch in the commercial salmon troll fishery;

(4) Central Southeast Outside Section:

(A) 36 percent to the directed commercial lingcod fishery;

(B) 30 percent to the sport fishery;

(D) seven percent to bycatch in the commercial salmon troll fishery;

(E) four percent to bycatch in the commercial groundfish fishery using hand troll gear and mechanical jigging machines;

(5) Southern Southeast Outer Coast Sector:

(A) 30 percent to the directed commercial lingcod fishery;

(B) 44 percent to the sport fishery;

(D) two percent to bycatch in the commercial groundfish fishery using hand troll gear and mechanical jigging machines;

(E) seven percent to bycatch in the commercial salmon troll fishery;

(6) Southern Southeast Internal Sector:

(A) no directed commercial lingcod fishery;

(B) 92 percent to the sport fishery;

(D) four percent to bycatch in the commercial salmon troll fishery;

(7) Northern Southeast Inside Subdistrict:

(A) no directed commercial lingcod fishery;

(B) 50 percent to the sport fishery;

(D) 20 percent to bycatch in the commercial salmon troll fishery.

History

Authority: AS 16.05.251
Eff. 4/15/94, Register 130; am 6/14/2000, Register 154; am 7/18/2003, Register 167; am 7/31/2003, Register 167; am 5/26/2006, Register 178; am 7/15/2006, Register 179; am 7/13/2012, Register 203; am 9/25/2022, Register 243

5 AAC 28.170 Sablefish possession and landing requirements for Eastern Gulf of Alaska Area {#sec-5-aac-28.170 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.170}

(a) The operator of a vessel taking sablefish in the Northern or Southern Southeast Inside Subdistricts shall, before taking sablefish in another area, unload all sablefish taken in either subdistrict and submit a completed fish ticket to the department.

(b) The operator of a fishing vessel may not take sablefish in the Northern or Southern Inside Subdistricts with sablefish taken in another area on board.

(c) In the Northern and Southern Southeast Inside Subdistricts, and in the waters of Alaska within the Southeast Outside Subdistrict, a sablefish bearing a fisheries agency tag at the time of capture may be retained and sold at any time, if the fish is landed with the tag intact and the recovery is reported to the department at the time of landing. The tagged fish must be presented to a local representative of the department upon request.

(d) Repealed 6/15/95.

(e) Repealed 11/16/96.

(f) Except as provided in (j) of this section, in the Northern Southeast Inside Subdistrict, the holder of a CFEC permit or interim use permit for sablefish may not retain more sablefish in the directed fishery than the annual amount of sablefish equal quota share that is specified by the department. A permit holder must retain all visibly injured or dead sablefish. Sablefish that are not visibly injured or dead may be released unharmed, but the permit holder must record the live releases in a logbook by gear settings. The department shall determine the annual amount of sablefish equal quota share by dividing the annual harvest objective by the number of CFEC permits and interim use permits eligible to be fished in the fishery. The department shall use the best available information, including harvest rate and biological data, to set the annual harvest objective.

(g) Except as provided in (j) of this section, in the Southern Southeast Inside Subdistrict, the holder of a CFEC permit or interim use permit for sablefish may not retain more sablefish in the directed fishery than the annual amount of sablefish equal quota share specified by the department. A permit holder must retain all visibly injured or dead sablefish. The permit holder may release sablefish that are not visibly injured or dead unharmed to the water, but the permit holder must record the live releases in a logbook provided by the department. The department shall determine the annual amount of sablefish equal quota share by dividing the annual harvest objective by the number of CFEC permits and interim use permits eligible to be fished in the fishery. The department shall use the best available information, including harvest rate and biological data, to set the annual harvest objective.

(h) In the portion of the Southeast Outside Subdistrict that is state waters under 5 AAC 39.975(13), retention of sablefish is prohibited.

(i) When participating in the sablefish fishery in the Northern Southeast Inside Subdistrict or Southern Southeast Inside Subdistrict, a person holding a CFEC permit or interim use permit for that fishery must retain in the person's possession and present for inspection on board the vessel on which that person is registered to fish, a copy of each completed fish ticket issued to the person during the current season. The permit holder shall provide each buyer with the total round weight of sablefish that the permit holder has landed to date in the fishery for that year.

(j) If a permit holder's harvest exceeds the permit holder's equal quota share established under (f) or (g) of this section for that year, by not more than five percent, the department shall reduce the permit holder's equal quota share for the following year by the amount of the overage. The adjusted equal quota share is the permit holder's quota share for that year. If a permit holder's harvest exceeds the permit holder's equal quota share by more than five percent, the proceeds from the sale of the overage in excess of five percent shall be surrendered to the state. A permit holder may not assume that the ability to adjust a quota share under this section is an opportunity to knowingly exceed a quota share or to exceed the equal quota share in an amount greater than five percent as such actions may be prosecuted under AS 16.05.722 or AS 16.05.723.

(k) If a permit holder's harvest is less than the permit holder's equal quota share established under (f) or (g) of this section for that year, the department shall increase the permit holder's equal quota share only for the following year by the amount of the underage that does not exceed five percent of the equal quota share.

(l) Nothwithstanding 5 AAC 28.180(c), the holder of a CFEC permit or interim use permit for sablefish may possess live sablefish for delivery as a live product except that, upon request of a local representative of the department or law enforcement, a permit holder must present sablefish for inspection and allow biological samples to be taken.

History

Authority: AS 16.05.251
Eff. 7/30/89, Register 111; am 4/30/91, Register 118; am 4/15/94, Register 130; am 7/23/94, Register 131; am 6/15/95, Register 134; am 6/15/97, Register 142; am 11/20/97, Register 144; am 7/18/2003, Register 167; am 8/16/2003, Register 167; am 5/26/2006, Register 178; am 7/13/2012, Register 203; am 6/17/2018, Register 226

5 AAC 28.171 Rockfish possession and landing requirements for Eastern Gulf of Alaska Area {#sec-5-aac-28.171 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.171}

(a) In the Eastern Gulf of Alaska Area, a CFEC permit holder fishing for groundfish or halibut must retain, weigh, and report all rockfish and thornyhead rockfish caught. Except as provided in (b) of this section, all demersal shelf rockfish in excess of 10 percent, round weight, of all target species on board the vessel must be weighed and reported as bycatch overage on an ADF&G fish ticket. All rockfish and thornyhead rockfish in excess of allowable bycatch limits shall be reported as bycatch overage on an ADF&G fish ticket. All proceeds from the sale of excess rockfish and thornyhead rockfish bycatch shall be surrendered to the state. Based on harvest data, the commissioner may, by emergency order, close a fishing season or a bycatch season and immediately reopen a fishing season or a bycatch season during which a different rockfish or thornyhead rockfish bycatch level is allowed.

(b) In the Eastern Gulf of Alaska Area, a person operating a trawl vessel shall retain, weigh, and report all rockfish and thornyhead rockfish caught. All demersal shelf rockfish in excess of one percent, round weight, of all target species on board the vessel must be weighed and reported as bycatch overage on an ADF&G fish ticket. All rockfish and thornyhead rockfish in excess of allowable bycatch limits shall be reported as bycatch overage on an ADF&G fish ticket. All proceeds from the sale of excess rockfish and thornyhead rockfish bycatch shall be surrendered to the state.

(d) In the Southeast District east of 137° W. long., a vessel or CFEC permit holder may not take or possess on board the vessel, or deliver more than 6,000 pounds of demersal shelf rockfish (whole or bled weight) in any five-day period. All demersal shelf rockfish taken in excess of 6,000 pounds (whole or bled weight) by a vessel or CFEC permit holder in any five-day period must be weighed and reported on an ADF&G fish ticket as a trip limit overage. All proceeds from the sale of demersal shelf rockfish in excess of 6,000 pounds (whole or bled weight) shall be surrendered to the state.

(e) In the East Yakutat Section, a vessel or CFEC permit holder may not take or possess on board the vessel, or deliver more than 8,000 pounds of demersal shelf rockfish (whole or bled weight) in any five-day period. All demersal shelf rockfish taken in excess of 8,000 pounds (whole or bled weight) by a vessel or CFEC permit holder in any five-day period must be weighed and reported on an ADF&G fish ticket as a trip limit overage. All proceeds from the sale of demersal shelf rockfish in excess of 8,000 pounds (whole or bled weight) shall be surrendered to the state.

(f) Repealed 9/25/2022.

(g) Repealed 9/25/2022.

(h) In the Eastern Gulf of Alaska Area, shortspine thornyhead, longspine thornyhead, shortraker, rougheye, and redbanded rockfish may be taken only as bycatch.

(i) In the Eastern Gulf of Alaska Area, a CFEC salmon troll permit holder operating hand or power troll gear during an open commercial salmon fishing period is not required to retain rockfish incidentally caught while fishing for salmon. Retained rockfish must be weighed and reported on an ADF&G fish ticket. Retained rockfish in excess of allowable bycatch limits established by emergency order, based on the round weight of salmon on board the vessel, must be reported as bycatch overage on an ADF&G fish ticket and sold. Proceeds from the sale of excess rockfish bycatch shall be surrendered to the state. Based on harvest, the commissioner may, by emergency order, close a fishing season or a bycatch season and immediately reopen a fishing season or a bycatch season during which a different rockfish bycatch level is allowed.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 4/15/94, Register 130; am 6/15/97, Register 142; am 7/5/2000, Register 155; am 7/14/2000, Register 155; am 7/18/2003, Register 167; am 7/26/2003, Register 167; am 5/31/2009, Register 190; am 6/17/2018, Register 226; am 9/25/2022, Register 243; am 6/27/2025, Register 254

5 AAC 28.172 Flatfish (flounder and sole) possession and landing requirements for Eastern Gulf of Alaska Area {#sec-5-aac-28.172 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.172}

In the Northern and Southern Southeast Inside Subdistricts, a trawl vessel may not land or have on board more than 20,000 pounds (round weight) of flatfish (flounder and sole) in any seven-day period.

History

Authority: AS 16.05.251
Eff. 4/15/94, Register 130

5 AAC 28.173 Lingcod possession and landing requirements for Eastern Gulf of Alaska Area {#sec-5-aac-28.173 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.173}

(a) In the Southeast District, a vessel fishing for

(1) halibut with longline gear may not land or have on board lingcod in excess of the allowable bycatch limit specified in the first emergency order of the season, based on the round weight of halibut on board the vessel, as follows:

(A) lingcod caught in excess of the allowable bycatch limit, based on the round weight of halibut on board the vessel, must be immediately released at sea;

(B) lingcod landed in excess of the allowable bycatch limit must be weighed and reported as bycatch overage on an ADF&G fish ticket and sold; proceeds from the sale of excess lingcod bycatch shall be surrendered to the state;

(C) based on harvest, the commissioner may, by emergency order, close the bycatch season and immediately reopen a bycatch season during which a different lingcod bycatch level is allowed;

(2) sablefish may not land or have on board lingcod, except as specified in (3) of this subsection;

(3) halibut and sablefish at the same time may not land or have on board lingcod in excess of the allowable bycatch limit specified in the first emergency order of the season, based on the round weight of halibut on board the vessel, as follows:

(A) lingcod caught in excess of the allowable bycatch limit, based on the round weight of halibut on board the vessel, must be immediately released at sea;

(C) based on harvest, the commissioner may, by emergency order, close the bycatch season and immediately reopen a bycatch season during which a different lingcod bycatch level is allowed;

(4) salmon with troll gear in the waters of Sitka Sound described in 5 AAC 28.150(a) may retain and have on board no more than two lingcod only from May 16 through November 30, or until closed by emergency order, and only if the permit holder

(A) immediately removes the dorsal fin of the lingcod retained; the head of a lingcod retained under this paragraph must remain attached to determine if the lingcod meets the legal size requirement of (e) of this section;

(B) weighs and reports the lingcod retained for the permit holder's personal use on an ADF&G fish ticket as required in 5 AAC 39.130; a lingcod retained under this paragraph may not be sold;

(5) salmon fishing with troll gear may not land or have on board lingcod in excess of the allowable bycatch limit specified in the first emergency order of the season, based on the round weight of salmon on board the vessel, as follows:

(A) lingcod caught in excess of the allowable bycatch limit, based on the round weight of salmon on board the vessel, must be immediately released at sea;

(C) based on harvest, the commissioner may, by emergency order, close the bycatch season and immediately reopen a bycatch season during which a different lingcod bycatch level is allowed.

(b) In the Southeast District, a vessel fishing with long line gear may not land or have on board lingcod in excess of 35 percent, based on the round weight of target species taken in the directed fishery that are on board the vessel, as follows:

(1) lingcod caught in excess of the allowable bycatch limit, based on the round weight of target species on board the vessel, must be immediately released at sea;

(2) lingcod landed in excess of the allowable bycatch limit must be weighed and reported as bycatch overage on an ADF&G fish ticket and sold; proceeds from the sale of excess lingcod bycatch shall be surrendered to the state.

(d) Repealed 6/15/97.

(e) All lingcod retained must measure at least 27 inches from the tip of the snout to the tip of the tail, or 20.5 inches from the front of the dorsal fin to the tip of the tail. Undersized lingcod must be returned to the water immediately without further harm.

(f) In a directed lingcod fishery, if the commissioner determines that a trip limit will contribute to conservation or promote an orderly fishery, the commissioner may close, by emergency order, the directed lingcod fishery and reopen the fishery during which a trip limit is in effect.

(g) If the commissioner determines it necessary for biological sampling purposes, the commissioner may close, by emergency order, a fishing season for lingcod and immediately reopen the season with a requirement that all lingcod be delivered with the head on and with the vent and the external area one inch forward of the vent unmutilated, as evidence of gender.

(h) In a directed lingcod fishery, a CFEC permit holder shall contact the department at a telephone number or other means specified by the department at the time of registration and provide the following information to the department:

(1) the CFEC permit holder's name;

(2) the name of the vessel;

(3) the groundfish management areas in which the permit holder is fishing;

(4) the number of lingcod retained in each management area;

(5) the number of hours fished in each management area; and

(6) other information requested by the department for the purpose of managing and conserving lingcod resources.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 4/15/94, Register 130; am 6/15/97, Register 142; am 5/31/98, Register 146; am 6/14/2000, Register 154; am 12/30/2000, Register 156; am 5/26/2006, Register 178; am 5/31/2009, Register 190; am 7/1/2015, Register 214; am 6/27/2025, Register 254

5 AAC 28.174 Spiny dogfish (Squalus acanthias) possession and landing requirements for Eastern Gulf of Alaska Area {#sec-5-aac-28.174 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.174}

In the Eastern Gulf of Alaska Area, spiny dogfish may be taken and retained only as follows:

(1) in the Southeast District, a longline vessel may retain spiny dogfish as bycatch that is not more than 35 percent, by round weight, of all target species taken in the directed fishery on board the vessel;

(2) in the Southeast District, a power troll or hand troll vessel may retain spiny dogfish as bycatch that is not more than 35 percent, by round weight, of all salmon on board the vessel;

(3) in the East Yakutat Section and the Icy Bay Subdistrict, a salmon set gillnet CFEC permit holder may retain all spiny dogfish taken as bycatch during salmon set gillnet operations; all spiny dogfish taken must be recorded on an ADF&G salmon fish ticket.

History

Authority: AS 16.05.251
Eff. 7/5/2000, Register 155; am 7/29/2000, Register 155

5 AAC 28.175 Logbooks for Eastern Gulf of Alaska Area {#sec-5-aac-28.175 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.175}

(a) An operator of a vessel fishing for groundfish in the waters of Alaska in the Eastern Gulf of Alaska Area or in a state-managed directed fishery in the waters of the exclusive economic zone adjacent to the Eastern Gulf of Alaska Area shall maintain an accurate logbook of all fishing operations for each type of gear used.

(b) A logbook described in (a) of this section

(1) for longline and pot gear must include the permit holder's name and vessel information and

(A) for each trip, the

(i) target species;

(ii) port of landing;

(iii) date the vessel left port and the date the vessel landed;

(iv) vessel's crew size; and

(v) bait used and gear specification ;

(B) for each set, the

(i) target species;

(ii) date and time the set was deployed and hauled;

(iii) specific location of harvest by latitude and longitude, in degrees and decimal minutes, for the vessel's start and ending positions;

(iv) hook spacing and the amount of gear, including the number of hooks, skates, or pots used, if applicable;

(v) the number of skates or pots lost, if applicable;

(vi) the number of skates or pots impacted by depredation, if applicable; and

(vii) the depth of each set;

(i) the number or estimated weight, in round pounds, of all target species retained and released at sea;

(ii) the number or estimated weight, in round pounds, of the bycatch retained or released at sea; and

(iii) the tag number of any tagged fish captured; and

(D) other information as required by the commissioner;

(2) for dinglebar troll gear, mechanical jigging machines, or hand troll gear must include the date, the specific location of harvest by latitude and longitude, in degrees and decimal minutes, and nearest headland, the number of lines and total number of hooks used, the average depth fished, the hours fished, and the number of bycatch fish taken, by species, for each unique geographic location fished; for the target species the following is required:

(A) the number retained;

(B) the number discarded; and

(3) must be updated, within 24 hours after midnight local time on the day of operation;

(4) must be retained, with its original pages, for a period of two years by the owner or operator of the vessel; and

(5) must include the tag number of any tagged fish landed, with the date and specific location.

(c) A logbook described in (a) of this section must be kept on board the vessel while operating gear, during transits to or from a port of landing, and for five days after delivering groundfish.

(d) Repealed 6/15/97.

(e) A logbook described in (a) of this section must be made available to a local representative of the department upon request.

(f) A copy of the page of the logbook described in (a) in this section pertaining to a landing must be attached to the fish ticket documenting the landing.

(g) A person may not make a false entry in the logbook described in (a) of this section.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 7/30/89, Register 111; am 4/30/91, Register 118; am 4/15/94, Register 130; am 6/15/97, Register 142; am 11/20/97, Register 144; am 6/14/2000, Register 154; am 7/18/2003, Register 167; am 5/31/2009, Register 190; am 7/1/2015, Register 214; am 6/27/2025, Register 254

5 AAC 28.179 Permits for miscellaneous groundfish in Eastern Gulf of Alaska Area {#sec-5-aac-28.179 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.179}

(a) Except when taken as allowable bycatch in another directed fishery, miscellaneous groundfish may be taken on an experimental basis in the Eastern Gulf of Alaska Area only under the conditions of a permit issued by the commissioner necessary for conservation or management purposes. The permit may

(1) specify the depth of fishing gear;

(2) specify the fishing season and periods of fishing;

(3) specify the area of fishing;

(4) establish the allowable size of harvested fish;

(5) specify the type and configuration of gear;

(6) require the completion of logbooks provided by the department and require that the logbooks be attached to a fish ticket at the time of landing; and

(7) require other conditions that the commissioner determines are necessary for conservation or management purposes.

(b) For the purpose of this section, "miscellaneous groundfish" are those species of groundfish not specifically addressed in 5 AAC 28.100 - 5 AAC 28.190.

History

Authority: AS 16.05.251
Eff. 6/15/97, Register 142; am 6/26/2016, Register 218

5 AAC 28.180 Prohibitions for Eastern Gulf of Alaska Area {#sec-5-aac-28.180 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.180}

(a) A vessel or a person on board a vessel may not participate in a commercial sablefish fishery in the Northern Southeast Inside Subdistrict or the Southern Southeast Inside Subdistrict if the vessel or a person on board the vessel operates commercial, subsistence, sport, or personal use halibut or groundfish fishing gear during the 72-hour period immediately before an opening of the commercial sablefish fishery in that subdistrict.

(b) A vessel or a CFEC permit holder on board a vessel that participates in a commercial sablefish fishery in the Northern Southeast Inside Subdistrict or the Southern Southeast Inside Subdistrict may not operate subsistence, sport, or personal use halibut or groundfish fishing gear during a commercial sablefish opening or during the 72 hours immediately following the closure of a commercial sablefish fishery in that subdistrict unless

(1) the vessel or CFEC permit holder on board the vessel is not registered for the commercial sablefish fishery in that subdistrict;

(2) the vessel or CFEC permit holder onboard the vessel has harvested the total allowable equal quota share pounds registered to that vessel or CFEC permit holder and at least 72 hours have passed since commercially harvested sablefish were offloaded from the vessel;

(3) commercial fishing gear used in the commercial sablefish fishery by the vessel or the CFEC permit holder onboard a vessel has been removed from the water for at least 72 hours; or

(4) at least 72 hours have passed since the vessel owner, or owner's agent, has contacted a local representative of the department and requested that the department cancel the vessel's commercial sablefish registration, and the department has canceled the vessel's commercial sablefish registration.

(c) Unless authorized by the terms of a scientific, propagative, or educational permit issued under AS 16.05.340(b), a person may not possess groundfish in a manner that indicates an intent to keep the groundfish alive.

History

Authority: AS 16.05.251
Eff. 7/30/89, Register 111; am 4/30/91, Register 118; am 4/15/94, Register 130; am 6/3/2000, Register 154; am 7/13/2012, Register 203; am 6/27/2025, Register 254

5 AAC 28.190 Harvest of bait by commercial permit holders in Eastern Gulf of Alaska Area {#sec-5-aac-28.190 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.190}

The holder of a valid CFEC interim use or limited entry permit may take groundfish in the waters of Alaska in the Eastern Gulf of Alaska Area for use as bait in the commercial fishery for which the permit is held as follows:

(1) except for sablefish, lingcod, thornyhead, shortraker, rougheye, and yelloweye rockfish, groundfish may be taken at any time; sablefish, lingcod, thornyhead, shortraker, rougheye, and yelloweye rockfish may not be taken for bait or used for bait, except that the head, tail, fins, closely trimmed skeleton and viscera of delivered and processed commercial sablefish, lingcod, and thornyhead, shortraker, rougheye, and yelloweye rockfish may be used for bait;

(2) unless use of a gear is restricted in 5 AAC 27 - 5 AAC 39, groundfish may be taken by any gear specified in 5 AAC 39.105 except trawls;

(3) repealed 5/26/2006;

(4) a person on board a vessel used to take bait under the provisions of this section may not participate in the sablefish fishery if restricted by 5 AAC 28.180;

(5) a person who takes groundfish for bait during a fishing trip and uses the bait during that trip, must report the bait taken by species and estimated weight on a fish ticket prepared for that fishing trip; a person who makes a separate set to harvest groundfish for bait must report that harvest to the department on a fish ticket using the gear card for the species for which the bait was intended and must submit the fish ticket within seven days after landing that species;

(6) groundfish taken under this section may not be

(A) purchased or sold; or

(B) transported outside of the waters of Alaska in the Eastern Gulf of Alaska Area;

(7) repealed 7/18/2003.

History

Authority: AS 16.05.251
Eff. 7/30/89, Register 111; am 4/30/91, Register 118; am 4/15/94, Register 130; am 7/18/2003, Register 167; am 5/26/2006, Register 178; am 7/13/2012, Register 203; am 6/17/2018, Register 226

5 AAC 28.195 Application of regulations {#sec-5-aac-28.195 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.195}

Repealed.

History

Eff. 4/15/94, Register 130; repealed 7/12/96, Register 139

Article 5 Prince William Sound Area (Registration Area E)

5 AAC 28.200 Description of Prince William Sound Area {#sec-5-aac-28.200 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.200}

The Prince William Sound Area consists of the waters of Alaska bounded on the west by a line running along the longitude of Cape Fairfield at 148° 50.25' W. long., south to the latitude of Cape Douglas at 58° 51.10' N. lat., then west to 149° W. long., then south along 149° W. long., and on the east by the longitude of Cape Suckling at 144° W. long.

History

Authority: AS 16.05.251
Eff. 7/30/89, Register 111; am 4/4/97, Register 142; am 6/15/97, Register 142; am 6/3/2000, Register 154; am 3/11/2001, Register 157; am 4/9/2005, Register 174; am 2/23/2014, Register 209

5 AAC 28.205 Description of Prince William Sound Area districts and sections {#sec-5-aac-28.205 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.205}

(a) Inside District: all waters in the Prince William Sound Area enclosed by lines from Point Whitshed to Point Bentinck, from Cape Hinchinbrook to Zaikof Point, and from Cape Cleare to Cape Puget.

(b) Outside District: all waters in the Prince William Sound Area that are seaward of the Inside District and between a line running along the longitude of Cape Fairfield at 148° 50.25' W. long., south to the latitude of Cape Douglas at 58° 51.10' N.lat., then west to 149° W. long., then south along 149° W. long., and the longitude of Cape Suckling at 144° W. long. The Outside District sections are as follows:

(1) Eastern Section: all waters of the Outside District between 147° W. long. and the longitude of Cape Suckling (144° W. long.);

(2) Western Section: all waters of the Outside District west of 147° W. long.

History

Authority: AS 16.05.251; AS 16.10.190
Eff. 4/4/97, Register 142; am 6/15/97, Register 142; am 6/3/2000, Register 154; am 3/11/2001, Register 157; am 2/23/2014, Register 209

5 AAC 28.206 Prince William Sound Area registration {#sec-5-aac-28.206 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.206}

(a) During a state-waters season for Pacific cod described in 5 AAC 28.267, the Prince William Sound Area is

(1) an exclusive registration area for a vessel validly registered to take Pacific cod with groundfish pot gear or longline gear; and

(2) a nonexclusive registration area for a vessel validly registered to take Pacific cod with mechanical jigging machine and hand troll gear.

(b) In the Prince William Sound Area, for the walleye pollock fishery using trawl gear, the registration deadline for the registration year is January 13.

(c) In the Inside District, a Prince William Sound CFEC sablefish permit holder or the permit holder's agent shall register for the commercial sablefish fishery before 5:00 p.m. on February 20.

(d) In the Prince William Sound Area, prior to operating a vessel in a directed fishery for lingcod or Pacific cod during a parallel season, or Pacific cod during a state-waters season as described in 5 AAC 28.267, the vessel operator or authorized agent of the vessel operator must obtain a fishery-specific registration for that vessel.

History

Authority: AS 16.05.251
Eff. 4/4/97, Register 142; am 7/5/2000, Register 155; am 3/30/2003, Register 165; am 3/30/2006, Register 177; am 3/14/2009, Register 189; am 3/24/2012, Register 201; am 4/20/2012, Register 202; am 3/29/2015, Register 213; am 6/26/2016, Register 218; am 3/29/2018, Register 225; am 6/7/2025, Register 254

5 AAC 28.210 Fishing seasons for Prince William Sound Area {#sec-5-aac-28.210 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.210}

(a) Repealed 5/11/2003.

(b) Sablefish may be taken in the Inside District beginning when the individual fishing quota halibut season opens, through December 31, unless closed earlier by emergency order. There is no open season for commercial sablefish fishing in the Outside District.

(1) in a directed fishery; and

(2) as bycatch up to 20 percent by round weight of the directed finfish species on board a vessel, unless the commissioner closes the season and opens another season in which the bycatch is prohibited or further limited.

(d) Rockfish may be taken in the Prince William Sound Area only as bycatch as described in 5 AAC 28.265.

(e) Walleye pollock may be taken from 12:00 noon January 20 until 11:59 p.m. March 31, unless closed earlier by emergency order.

(f) Miscellaneous groundfish may be taken only as specified in 5 AAC 28.220(c) and (d).

(g) Pacific cod may be taken only as specified in 5 AAC 28.267.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 7/30/89, Register 111; am 4/7/93, Register 126; am 4/4/97, Register 142; am 6/15/97, Register 142; am 5/31/98, Register 146; am 3/30/2000, Register 153; am 7/29/2000, Register 155; am 3/30/2003, Register 165; am 5/11/2003, Register 166; am 3/14/2009, Register 189; am 4/20/2012, Register 202; am 3/29/2015, Register 213; am 6/26/2016, Register 218; am 3/29/2018, Register 225; am 6/7/2025, Register 254

5 AAC 28.220 Permits for Prince William Sound Area {#sec-5-aac-28.220 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.220}

(a) Repealed 3/14/2009.

(b) Repealed 3/14/2009.

(c) Except when taken as allowable bycatch in another directed fishery, a person may take miscellaneous groundfish on an experimental basis in the Prince William Sound Area only under the conditions of a permit issued by the commissioner necessary for conservation or management purposes. In consideration of whether to issue a permit under this section, the commissioner may consider whether the harvested fish can be fully utilized. In the permit, the commissioner may

(1) specify the depth of fishing gear;

(2) specify the fishing season and periods of fishing;

(3) specify the area for fishing;

(4) establish the allowable size of harvested fish;

(5) specify the type and configuration of gear;

(6) require the completion of logbooks provided by the department and require that the logbooks be attached to a fish ticket at the time of landing; and

(7) require other conditions that the commissioner determines are necessary for conservation or management purposes.

(d) For the purpose of this section, "miscellaneous groundfish" are those species of groundfish that are not specified in 5 AAC 28.200 - 5 AAC 28.271.

History

Authority: AS 16.05.251
Eff. 7/30/89, Register 111; am 12/22/95, Register 137; am 4/25/96, Register 138; am 3/30/2000, Register 153; am 7/5/2000, Register 155; am 3/14/2009, Register 189; am 6/26/2016, Register 218

5 AAC 28.230 Lawful gear for Prince William Sound Area {#sec-5-aac-28.230 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.230}

(a) Repealed 4/7/93.

(b) Groundfish taken incidentally by drift gillnet gear operated for salmon consistent with applicable state laws and regulations are legally taken and possessed.

(c) A groundfish pot may be attached to a line connected to another groundfish pot. Groundfish pots may be connected if each end of the buoy line is marked as specified in 5 AAC 28.050.

(d) Repealed 6/25/2023.

(e) Repealed 4/4/97.

(f) In the Prince William Sound Area, nonpelagic trawl gear may not be used to take groundfish, except that sablefish may be taken with shrimp trawl gear operated as specified in 5 AAC 31.225(b).

(g) Notwithstanding (f) of this section, a person operating a vessel that is validly registered to fish for shrimp with trawls may retain a bycatch limit of groundfish taken during the shrimp fishing season. The bycatch limit that may be retained under this subsection may not exceed 10 percent of the gross weight of the shrimp landed.

(h) In the Prince William Sound Area, a mechanical jigging machine used to take groundfish may not have more than

(1) five lines; and

(2) 30 hooks per line.

(i) In the Prince William Sound Area, the holder of a CFEC permit in a fixed gear or net gear sablefish fishery may use groundfish pots only if two or more pots are connected as specified in (c) of this section.

(j) Except as provided in (k) and (l) of this section, in a ground fish fishery, a person may only have one type of legal gear on board the vessel.

(k) In a groundfish fishery, mechanical jigging machines and hand troll gear may be used at the same time. If mechanical jigging machines and hand troll gear are being used under this subsection, only that gear may be on board the vessel.

(l) In the Prince William Sound sablefish and IFQ halibut fisheries, longlines and pots may be used at the same time. If either longlines or pots are used under this subsection, only longline and pot gear may be on board the vessel.

(m) To conserve groundfish species, the commissioner may close waters of the Prince William Sound area to commercial fishing with specific gear types by emergency order.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 7/30/89, Register 111; am 4/7/93, Register 126; am 5/22/94, Register 130; am 4/4/97, Register 142; am 5/31/98, Register 146; am 7/5/2000, Register 155; am 7/1/2006, Register 178; am 7/20/2006, Register 179; am 3/24/2012, Register 201; am 3/29/2015, Register 213; am 3/29/2018, Register 225; am 3/26/2023, Register 245; am 6/25/2023, Register 246; am 6/7/2025, Register 254

5 AAC 28.232 Groundfish pot storage requirements for Prince William Sound Area {#sec-5-aac-28.232 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.232}

(a) Following the closure of a parallel season, all groundfish pot gear must be removed from the water, except as specified in (b) of this section.

(b) The owner or operator of a vessel that is registered for a state-waters season for Pacific cod described in 5 AAC 28.267 may store groundfish pots as follows:

(1) rectangular groundfish pots must have all bait and bait containers removed and all doors secured fully open, and cone or pyramid groundfish pots must have all bait and bait containers removed and all doors not secured closed;

(2) pots must be stored in waters not more than 25 fathoms deep and may be stored only on the north side of Montague Island between 147° 25.00' W. long. and 147° 35.00' W. long.; and

(3) pots may be stored only from 10 days before the scheduled opening of the state-waters season until 10 days following the closure of that fishery.

History

Authority: AS 16.05.251
Eff. 4/4/97, Register 142; am 4/20/2012, Register 202

5 AAC 28.250 Closed waters in Prince William Sound Area {#sec-5-aac-28.250 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.250}

(a) Repealed 6/7/2025.

(1) within Orca Bay, east of 146° 37.50' W. long., excluding the waters of Port Gravina north of a line from Gravina Point to Red Head at 60° 40.25' N. lat., 146° 30.22' W. long.;

(2) in waters not more than 75 fathoms deep within waters enclosed by a line from Johnstone Point Light to Montague Point at 60° 23' N. lat., 147° 06' W. long., to Middle Point at 60° 20.50' N. lat., 147° W. long. to Schooner Rock Light (Zaikof Point) to Cape Hinchinbrook Light.

(b) Repealed 6/20/2010.

(c) In addition to the trawl restrictions specified in 5 AAC 39.165, a person may not use trawl gear for walleye pollock fishing from June 1 through November 1 within 10 nautical miles of the following areas:

(1) Point Elrington at 59° 56.00' N. lat., 148° 15.20' W. long.;

(2) Wooded Island at 59° 52.90' N. lat., 147° 20.65' W. long.;

(3) The Needle at 60° 06.64' N. lat., 147° 36.17' W. long.;

(4) Glacier Island at 60° 51.30' N. lat., 147° 14.50' W. long.;

(5) Seal Rocks at 60° 09.78' N. lat., 146° 50.30' W. long.;

(6) Cape Hinchinbrook at 60° 14.00' N. lat., 146° 38.50' W. long.;

(7) Hook Point at 60° 20.00' N. lat., 146° 16.50' W. long.

History

Authority: AS 16.05.251
Eff. 4/4/97, Register 142; am 7/5/2000, Register 155; am 3/14/2009, Register 189; am 6/20/2010, Register 194; am 2/22/2015, Register 213; am 6/26/2016, Register 218; am 6/7/2025, Register 254

5 AAC 28.260 Prince William Sound Pelagic Trawl Pollock Management Plan {#sec-5-aac-28.260 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.260}

Expired.

5 AAC 28.263 Prince William Sound Walleye Pollock Pelagic Trawl Fishery Management Plan {#sec-5-aac-28.263 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.263}

(a) For directed walleye pollock fisheries, the Inside District of the Prince William Sound Area is divided into the following three sections:

(1) Bainbridge Section: all waters of the Inside District west of 148° W. long;

(2) Knight Island Section: all waters of the Inside District between 148° W. long. and 147° 20' W. long;

(3) Hinchinbrook Section: all waters of the Inside District east of 147° 20' W. long.

(b) Notwithstanding 5 AAC 39.165(1) and (2), during a directed walleye pollock fishery, pelagic trawl gear may be operated in that portion of the Hinchinbrook Section located north of a line from Cape Hinchinbrook Light at 60° 14.25' N. lat., 146° 38.80' W. long. to Zaikof Point at 60° 18.48' N. lat., 146° 55.10' W. long., and west of lines from Johnstone Point to Knowles Head at 60° 41.00' N. lat., 146° 37.50' W. long., to Porcupine Point at 60° 44.60' N. lat., 146° 42.10' W. long. to the southernmost tip of Bligh Island at 60° 48.30' N. lat., 146° 47.90' W. long., and the northernmost tip of Bligh Island at 60° 52.90' N. lat., 146° 46.00' W. long. to Rocky Point at 60° 57.00' N. lat., 146° 46.20' W. long. to Point Freemantle at 60° 56.00' N. lat., 146° 58' W. long.

(d) During a directed walleye pollock pelagic trawl fishery,

(1) the total bycatch weight of all species combined may not exceed five percent of the total round weight of the walleye pollock harvested; and

(2) salmon brought onboard the vessel must be retained.

(e) After registration of a vessel to fish for walleye pollock in the Prince William Sound Area, a CFEC permit holder must contact the department before fishing and again when departing the management area. A CFEC permit holder must contact the department before fishing in a new management area. Department contacts will be specified in writing by the department on registration forms at the time of registration.

(f) Catch reports must be submitted to the department as specified in the registration forms.

(g) Log sheets will be provided by the department at the time of registration and must be filled out completely after each tow. Signed copies of the log sheets must be received by the department's Cordova office, at the address or facsimile number specified on the log sheet, within 10 days after each landing.

(h) The commissioner may require onboard observers on a vessel during fishing operations.

History

Authority: AS 16.05.251
Eff. 7/5/2000, Register 155; am 3/30/2006, Register 177; am 7/1/2006, Register 178; am 3/14/2009, Register 189; am 3/24/2012, Register 201; am 6/26/2016, Register 218; am 6/7/2025, Register 254

5 AAC 28.265 Prince William Sound Rockfish Management Plan {#sec-5-aac-28.265 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.265}

(a) A vessel may not land or have on board more than a combined total of 3,000 pounds (round weight) of all rockfish species within five consecutive days.

(b) In the Prince William Sound Area, when fishing in a directed fishery, other than for rockfish, a CFEC permit holder must retain all rockfish, except that

(1) unless otherwise specified in this section, all rockfish in excess of 10 percent, round weight, of all directed species on board the vessel must be weighed and reported as bycatch overage on an ADF&G fish ticket; any proceeds from the sale of excess rockfish shall be surrendered to the state;

(2) during the sablefish fishery, all rockfish in excess of 20 percent, round weight, of all sablefish on board the vessel must be weighed and reported as bycatch overage on an ADF&G fish ticket; any proceeds from the sale of excess rockfish shall be surrendered to the state;

(3) during a season for Pacific cod, all rockfish in excess of five percent, round weight, of all Pacific cod on board the vessel must be weighed and reported as bycatch overage on an ADF&G fish ticket; any proceeds from the sale of excess rockfish shall be surrendered to the state;

(4) during the directed walleye pollock pelagic trawl fishery, all rockfish in excess of one-half percent, round weight, of all walleye pollock on board the vessel must be weighed and reported as bycatch overage on an ADF&G fish ticket; any proceeds from the sale of excess rockfish shall be surrendered to the state; and

(5) in a directed mechanical jig or hand troll fishery, rockfish may be released only if a deep water release mechanism is used in accordance with 5 AAC 75.020(f).

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 4/7/93, Register 126; am 6/15/95, Register 134; am 4/4/97, Register 142; am 3/30/2000, Register 153; am 7/5/2000, Register 155; am 4/20/2012, Register 202; am 3/29/2015, Register 213; am 6/26/2016, Register 218; am 6/7/2025, Register 254

5 AAC 28.267 Prince William Sound Pacific Cod Management Plan {#sec-5-aac-28.267 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.267}

(a) The management plan in this section governs the harvest of Pacific cod in the Prince William Sound Area.

(b) Each year the commissioner

(1) shall open and close, by emergency order, a parallel season for mechanical jigging machine and hand troll gear, groundfish pot gear, and longline gear in the Prince William Sound Area to coincide with the initial federal season in the federal Central Gulf of Alaska Area, as follows:

(A) the parallel season for mechanical jigging machine and hand troll gear will coincide with the initial federal season for jig gear;

(B) the parallel season for groundfish pot gear will coincide with the initial federal season for pot gear;

(C) the parallel season for longline gear will coincide with the initial federal season for hook and line gear operated from vessels less than 50 feet in overall length;

(2) may open and close, by emergency order, a parallel season for mechanical jigging machine and hand troll gear, groundfish pot gear, and longline gear in the Prince William Sound Area to coincide with the federal Central Gulf of Alaska Area "B" season, as follows:

(A) the parallel season for mechanical jigging machine and hand troll gear will coincide with the federal "B" season for jig gear;

(B) the parallel season for groundfish pot gear will coincide with the federal "B" season for pot gear;

(C) the parallel season for longline gear will coincide with the federal "B" season for hook and line gear operated from vessels less than 50 feet in overall length.

(c) The commissioner shall open and close, by emergency order, a state-waters season for mechanical jigging machine and hand troll gear, groundfish pot gear, and longline gear in the Prince William Sound Area, as follows:

(1) for mechanical jigging machine and hand troll gear, the state-waters season will open 24 hours following the closure of the initial federal season in the Central Gulf of Alaska Area for jig gear and will close when the mechanical jigging machine and hand troll gear and groundfish pot gear allocation, as calculated under (e)(1) of this section, is taken, a parallel season for mechanical jigging machine and hand troll gear is opened under (b)(2) of this section, or December 31, whichever occurs first;

(2) for groundfish pot gear, the state-waters season will open 24 hours following the closure of the initial federal season in the Central Gulf of Alaska Area for groundfish pot gear and will close when the mechanical jigging machine and hand troll gear and groundfish pot gear allocation, as calculated under (e)(1) of this section, is taken, a parallel season for groundfish pot gear is opened under (b)(2) of this section, or December 31, whichever occurs first;

(3) for longline gear, the state-waters season will open seven days following the closure of the initial federal season in the Central Gulf of Alaska Area for hook and line gear operated from vessels less than 50 feet in overall length or concurrent with the individual fishing quota halibut season opening date, whichever occurs later, and will close when the longline gear allocation, as calculated under (e)(1) of this section, is taken, a parallel season for longline gear is opened under (b)(2) of this section, or December 31, whichever occurs first;

(4) if there is any guideline harvest level remaining on September 1, the commissioner may close, by emergency order, the state-waters season and immediately reopen a state-waters season to all legal gear on September 1 or following a parallel season closure; the state-waters season will close on December 31 or when the guideline harvest level is reached, whichever occurs first; if the season is closed and immediately reopened under this paragraph, a vessel participating in the state-waters season when it was closed will not be required to comply with the landing requirements specified in 5 AAC 28.371 until the season is closed again.

(d) The commissioner may open and close, by emergency order, fishing seasons at times other than those specified in this section if the commissioner determines it is necessary to

(1) adapt to unanticipated openings or closures of the federal season;

(2) maintain sustained yield management;

(3) provide for orderly fisheries; or

(4) allow for a concurrent state-waters season and federal season for Pacific cod based on inseason assessment of effort, harvest rate, or remaining Pacific cod quota.

(e) During a state-waters season,

(1) the guideline harvest level for Pacific cod in the Prince William Sound Area is 25 percent of the estimated total allowable harvest of Pacific cod for the federal Eastern Gulf of Alaska Area; mechanical jigging machine and hand troll gear and groundfish pot gear is allocated 50 percent of the guideline harvest level and longline gear is allocated 50 percent of the guideline harvest level, except that if

(A) the guideline harvest level allocated to the mechanical jigging machine and hand troll gear and groundfish pot gear is achieved in a calendar year, the mechanical jigging machine and hand troll gear and groundfish pot gear allocation will increase by five percent beginning the following calendar year to a maximum of 75 percent of the guideline harvest level and the longline allocation will decrease by a corresponding five percent the following calendar year to a minimum of 25 percent of the guideline harvest level; and

(B) the guideline harvest level allocated to the mechanical jigging machine and hand troll gear and groundfish pot gear is not achieved in a calendar year, the mechanical jigging machine and hand troll gear and groundfish pot gear allocation will decrease by five percent beginning the following calendar year to a minimum of 25 percent of the guideline harvest level and the longline allocation will increase by a corresponding five percent the following calendar year to a maximum of 75 percent of the guideline harvest level;

(2) Pacific cod may be taken in the waters of the Prince William Sound Area described in 5 AAC 28.205, except those waters of the Eastern Section east of 146° 15.12' W. long.;

(3) Pacific cod may be taken only with groundfish pots, mechanical jigging machines, hand troll gear, and longline gear, as follows:

(A) except as provided in (g) of this section, no more than 60 groundfish pots may be operated from a vessel registered to fish for Pacific cod;

(B) no more than five mechanical jigging machines may be operated from a vessel registered to fish for Pacific cod;

(C) in addition to the requirements of 5 AAC 28.020, a vessel must be registered to fish with mechanical jigging machines and hand troll gear (jig gear), pot gear, or longline gear, and may not simultaneously be registered to fish with more than one gear type; a vessel's gear registration may be changed during a state-waters season to a different gear registration if the owner, or the owner's agent, submits a written request for a change in registration by mail, facsimile, or in person, to the department office in Cordova, or other locations specified by the department, for validation, and that registration has been validated by the department.

(f) During a state-waters season for Pacific cod, the Prince William Sound Area is

(1) an exclusive registration area for a vessel validly registered to take Pacific cod with groundfish pot gear or longline gear; and

(2) a nonexclusive registration area for a vessel validly registered to take Pacific cod with mechanical jigging machine and hand troll gear.

(g) If at any time after October 30 the commissioner determines that the guideline harvest level will not be reached by December 31, the commissioner may close, by emergency order, the state-waters season and immediately reopen a state-waters season during which the following shall be implemented to increase the harvest to achieve the guideline harvest level:

(1) removal of the limits on the number of groundfish pots and mechanical jigging machines that may be operated from a vessel;

(2) if needed, designation of the Prince William Sound Area as a nonexclusive registration area for Pacific cod.

(h) If the state-waters season is closed and immediately reopened under (g) of this section, a vessel participating in the state-waters season when it was closed will not be required to comply with the landing requirements of 5 AAC 28.271 until the season is closed again.

(i) Notwithstanding the provisions of 5 AAC 28.070, the commissioner may, by emergency order, open a fishing season under this subsection in which the bycatch amounts allowed during a directed fishery are increased. During a fishing season opened under this subsection, in addition to the allowance of bycatch of other species specified in 5 AAC 28.070, the bycatch allowance of Pacific cod may be up to 20 percent of the directed finfish species on board a vessel using groundfish pot gear, mechanical jigging machine and hand troll gear, or longline gear. The landed weight of Pacific cod taken as bycatch may not exceed 20 percent of the directed finfish species on board the vessel. The commissioner may, by emergency order, close and immediately reopen a season in which the bycatch limit for any species is reduced.

(j) If a state-waters season and a federal season for Pacific cod are opened concurrently for the same gear type or for a different gear type,

(1) a vessel may not participate in a state-waters season and any other Pacific cod season at the same time;

(2) a vessel's registration for the state-waters season in the Prince William Sound Area must be invalidated and all groundfish on board that vessel must be landed before that vessel may participate in any other concurrent Pacific cod season;

(3) registration for a state-waters season may only occur in person or by facsimile from 8:00 a.m. to 5:00 p.m. on a working day at the department office in Cordova, or other locations specified by the department; and

(4) all groundfish on board a vessel must be landed before that vessel may be registered for a Prince William Sound Area state-waters season for Pacific cod.

(k) An operator of a vessel participating in a parallel Pacific cod season in the Prince William Sound Area may not operate gear in any other registration area during the same trip.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 4/4/97, Register 142; am 11/27/97, Register 144; am 3/30/2000, Register 153; am 7/5/2000, Register 155; am 5/31/2001, Register 158; am 5/11/2003, Register 166; am 3/14/2009, Register 189; am 4/20/2012, Register 202; am 3/29/2015, Register 213; am 3/27/2022, Register 241; am 6/7/2025, Register 254

5 AAC 28.270 Possession requirements for Prince William Sound Area {#sec-5-aac-28.270 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.270}

(a) Lingcod retained must measure at least 35 inches from the tip of the snout to the tip of the tail, or 28 inches from the front of the dorsal fin to the tip of the tail. Undersized lingcod shall be returned to the water immediately without further injury. No person may mutilate or otherwise disfigure a lingcod in a manner that prevents determination of the minimum size before delivery for sale.

(b) Walleye pollock taken with mechanical jigging machines and hand troll gear during a state-waters season for Pacific cod described in 5 AAC 28.267 may be retained.

(c) If the commissioner determines it necessary for biological sampling purposes, the commissioner may, by emergency order, close a fishing season for lingcod and immediately reopen the season with a requirement that all lingcod be delivered with the head on and with the vent and external area one inch forward of the vent unmutilated, as evidence of gender.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 4/7/93, Register 126; am 4/4/97, Register 142; am 5/11/2003, Register 166; am 4/20/2012, Register 202; am 6/26/2016, Register 218

5 AAC 28.271 Landing requirements for Prince William Sound Area {#sec-5-aac-28.271 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.271}

(a) After 24 hours following the closure of any directed groundfish season within the Prince William Sound Area, a vessel that participated in that fishery may not have that species of groundfish on board unless

(1) that species has been designated as bycatch for another directed fishery and the amount on board is permissible under retained bycatch restrictions specified in regulation; or

(2) the vessel has been delayed due to extraordinary circumstances beyond the control of the vessel operator, and the vessel operator has contacted a local representative of the department within 24 hours following the closure of the season and the representative has granted a reasonable amount of time for the vessel to reach the port of delivery or processing location; any amount of additional time shall be determined under the assumption that the vessel departed the fishing grounds immediately after the closure and proceeded directly to the port of delivery or processing location.

(b) At least six hours before landing lingcod, an operator of a vessel participating in the Prince William Sound Area directed lingcod fishery must notify the department by telephone, to a telephone number specified in writing by the department on the registration forms at the time of registration, the following information:

(1) vessel name and ADF&G number;

(2) date and location of landing, and estimated time of arrival;

(3) name of fish buyer or processor;

(4) estimated number of pounds of lingcod on board the vessel.

History

Authority: AS 16.05.251
Eff. 4/4/97, Register 142; am 3/27/2022, Register 241

5 AAC 28.272 Sablefish harvest, possession, and landing requirements for Prince William Sound Area {#sec-5-aac-28.272 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.272}

(a) Before commercial fishing for sablefish in another registration area, the operator of a vessel registered to take sablefish in the Prince William Sound Area must land all sablefish taken and submit a copy of the completed fish ticket for the landed fish to the department.

(b) The operator of a fishing vessel may not take sablefish in the Prince William Sound Area while sablefish taken in another registration area are on board the vessel.

(c) In the Prince William Sound Area, the holder of a CFEC limited entry permit or interim-use permit to take sablefish may not take more than the annual amount specified by the department. The department will determine the annual amount as follows:

(1) the annual amount will be the sum of one-half of the annual harvest objective divided by the number of permit holders registered to fish in the commercial sablefish fishery and one-half of the annual harvest objective multiplied by the average percentage of the harvest taken by the vessel category for which the CFEC permit was issued, as specified in 20 AAC 05.779, and divided by the number of permit holders registered to fish sablefish with the permits of that vessel category;

(2) the average percentages of harvest for the vessel categories described in (1) of this subsection are as follows:

(A) combined categories A, vessels with a length of 90 feet, and B, vessels with a maximum overall length of 60 feet: 18.53 percent;

(B) category C, vessels with a maximum overall length of 50 feet: 70.33 percent;

(d) When participating in the commercial sablefish fishery in the Prince William Sound Area, the holder of a CFEC limited entry permit or interim-use permit must retain for inspection on board the vessel a copy of each completed fish ticket issued to the permit holder during the current annual season.

(e) At least six hours before landing sablefish, a CFEC permit holder must notify the department by telephone, to a telephone number specified in writing by the department on the registration forms at the time of registration, the following information:

(1) location of landing, and estimated time of arrival;

(2) name of buyer or processor;

(3) estimated number of pounds of sablefish on board the vessel;

(4) whether the catch is dressed fish or in the round.

(f) An operator of a vessel participating in the Prince William Sound Area commercial sablefish fishery shall obtain sablefish log sheets provided by the department. The vessel operator must have the log sheets on board the vessel at all times and must submit to the department no later than seven days following delivery completed log sheets that correspond with each ADF&G sablefish fish ticket.

(1) A log sheet under this section must:

(A) include the date, the specific location of harvest by latitude and longitude, the number of hooks fished or the number of pots fished, the average depth, and the time gear is deployed and hauled, for each set;

(B) include for the target species, and for each bycatch species, the number of fish retained and discarded for each set;

(D) be made available to a local representative of the department upon request.

(2) A person may not make a false entry in a log sheet described in this section.

(g) An operator of a vessel retaining sablefish in federal waters may not operate gear in state waters of the Prince William Sound Area during the same trip.

History

Authority: AS 16.05.251
Eff. 3/30/2003, Register 165; am 3/14/2009, Register 189; am 3/29/2018, Register 225; am 3/27/2022, Register 241

Article 6 Cook Inlet Area (Registration Area H)

5 AAC 28.300 Description of Cook Inlet Area {#sec-5-aac-28.300 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.300}

The Cook Inlet Area consists of all waters of Alaska enclosed by a line extending east from Cape Douglas (58° 51.10' N. lat.) and a line extending south from Cape Fairfield (148° 50.25' W. long.).

History

Authority: AS 16.05.251
Eff. 7/30/89, Register 111; am 4/4/97, Register 142; am 3/11/2001, Register 157

5 AAC 28.305 Description of Cook Inlet Area districts {#sec-5-aac-28.305 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.305}

(a) Cook Inlet District: all waters of Alaska in the Cook Inlet Area north of a line from Cape Douglas (58° 51.10' N. lat.) to Point Adam (59° 15.27' N. lat.).

(b) North Gulf District: all waters of Alaska in the Cook Inlet Area north of Cape Douglas (58° 51.10' N. lat.) and west of the longitude of Cape Fairfield (148° 50.25' W. long.), excluding the Cook Inlet District.

History

Authority: AS 16.05.251
Eff. 4/4/97, Register 142; am 3/11/2001, Register 157

5 AAC 28.306 Cook Inlet Area registration {#sec-5-aac-28.306 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.306}

(a) The Cook Inlet Area is an exclusive registration area for Pacific cod during a state-waters season described in 5 AAC 28.367.

(b) In the Cook Inlet Area, before operating a vessel in a directed fishery for lingcod, pelagic shelf rockfish, sablefish, Pacific cod during a parallel season, or Pacific cod during a state-waters season, the vessel operator or authorized agent must obtain a fishery-specific registration for that vessel.

History

Authority: AS 16.05.251
Eff. 4/4/97, Register 142; am 4/20/2012, Register 202; am 4/24/2020, Register 234

5 AAC 28.310 Fishing seasons for Cook Inlet Area {#sec-5-aac-28.310 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.310}

(a) Repealed 3/8/2002.

(b) Lingcod may be taken only from July 1 through December 31.

(d) Pelagic shelf rockfish may be taken only in a directed fishery from July 1 until closed by emergency order, and as specified in 5 AAC 28.365.

(e) Pacific cod may be taken only as specified in 5 AAC 28.367.

(f) Miscellaneous groundfish may be taken only under the conditions of a miscellaneous groundfish permit as specified in 5 AAC 28.379. For the purpose of this subsection, "miscellaneous groundfish" has the meaning given in 5 AAC 28.379(c).

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 7/30/89, Register 111; am 4/7/93, Register 126; am 4/4/97, Register 142; am 5/31/98, Register 146; am 4/22/99, Register 150; am 6/24/99, Register 150; am 7/21/99, Register 151; am 3/8/2002, Register 161; am 4/9/2005, Register 174; am 3/2/2011, Register 197; am 4/28/2024, Register 250

5 AAC 28.330 Lawful gear for Cook Inlet Area {#sec-5-aac-28.330 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.330}

(a) Except as provided in (b) of this section, groundfish may be taken only by pelagic trawls, hand troll gear, longlines, pots, or mechanical jigging machines.

(b) Groundfish taken incidentally by drift or set gillnet gear lawfully operated for salmon or herring may be retained.

(c) A groundfish pot may not be attached to a line connected to another groundfish pot, except that in the Cook Inlet Area sablefish fishery, groundfish pots may be connected by a line if at least one buoy is attached to each end of the line and each buoy is marked as specified in 5 AAC 28.050; not more than 15 groundfish pots may be attached to the same line.

(d) Repealed 6/25/2023.

(e) Except as provided in (f) of this section, in a groundfish fishery for which more than one type of gear is legal gear, a person may have only one type of gear on board the vessel at any one time.

(f) In a directed fishery for lingcod, rockfish, or Pacific cod during a state-waters season as specified in 5 AAC 28.367, those species may be taken by mechanical jigging machines and hand troll gear at the same time. If mechanical jigging machines and hand troll gear are being used under this subsection, only that gear may be on board the vessel.

(g) Lingcod and rockfish may be taken only by mechanical jigging machines and hand troll gear.

(h) Pacific cod may be taken only by groundfish pots, mechanical jigging machines, and hand troll gear during a state-waters season, as specified in 5 AAC 28.367.

(i) In the Cook Inlet Area, a mechanical jigging machine used to take groundfish may not have more than

(1) five lines; and

(2) 30 hooks per line.

History

Authority: AS 16.05.251
Eff. 7/30/89, Register 111; am 4/7/93, Register 126; am 4/4/97, Register 142; am 4/22/99, Register 150; am 6/24/99, Register 150; am 7/5/2000, Register 155; am 3/2/2011, Register 197; am 4/20/2012, Register 202; am 3/15/2017, Register 221; am 6/25/2023, Register 246

5 AAC 28.332 Groundfish pot storage requirements for Cook Inlet Area {#sec-5-aac-28.332 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.332}

(a) Except as specified in (b) of this section, following the closure of a groundfish season to pot gear, groundfish pots must have all bait and bait containers removed, and may be stored in the water as follows:

(1) rectangular groundfish pots must have all doors secured fully open; and

(2) cone or pyramid groundfish pots must have all doors not secured closed.

(b) All groundfish pots must be removed from the water no later than five days after the closure of a season to pot gear.

History

Authority: AS 16.05.251
Eff. 4/4/97, Register 142; am 7/21/99, Register 151; am 2/13/2005, Register 173; am 3/22/2014, Register 209

5 AAC 28.334 Groundfish reporting requirements for the Cook Inlet Area {#sec-5-aac-28.334 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.334}

In the Cook Inlet Area, a commercial fisherman shall report, on an ADF&G fish ticket, at the time of landing, all groundfish taken in a directed groundfish or halibut fishery and retained but not sold.

History

Authority: AS 16.05.251
Eff. 3/8/2002, Register 161

5 AAC 28.350 Closed waters in Cook Inlet Area {#sec-5-aac-28.350 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.350}

(a) Repealed 4/4/97.

(b) Groundfish may not be taken by pot gear in the following locations:

(1) waters west of a line from Cape Douglas to Chinitna Point (59° 41.6' N. lat., 153° 03.2' W. long.) that are deeper than 15 fathoms;

(2) waters of Kachemak Bay enclosed by a line from a point on the southern shore of Kachemak Bay at 59° 34.68' N. lat., 151° 19.27' W. long., to the southernmost point of Gull Island at 59° 35.05' N. lat., 151° 19.90' W. long., southwest to 59° 32.20' N. lat., 151° 35.00' W. long., south to 59° 30.40' N. lat., 151° 35.00' W. long., west to 59° 30.40' N. lat., 151° 45.00' W. long., northeast to 59° 33.00' N. lat., 151° 41.00' W. long., northeast to 59° 34.70' N. lat., 151° 30.00' W. long., and north along 151° 30.00' W. long. to the point that intersects the mainland.

(c) Lingcod may not be taken in the waters of Resurrection Bay north of a line between Cape Resurrection and Cape Aialik.

(d) Repealed 7/28/2023.

History

Authority: AS 16.05.251
Eff. 4/7/93, Register 126; am 2/24/96, Register 137; am 4/4/97, Register 142; am 3/8/2002, Register 161; am 3/15/2017, Register 221; am 7/28/2023, Register 247

5 AAC 28.360 Cook Inlet Sablefish Management Plan {#sec-5-aac-28.360 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.360}

(a) Sablefish may be retained only during an open directed sablefish fishery on board a vessel that is registered to participate in the Cook Inlet sablefish fishery.

(b) An operator of a vessel participating in the Cook Inlet Area sablefish fishery shall obtain sablefish log sheets provided by the department. The vessel operator must have the log sheets on board the vessel at all times and must submit to the department no later than seven days following delivery completed log sheets that correspond with each ADF&G sablefish fish ticket.

(1) A log sheet described in this section must:

(B) include for the target species, and for each bycatch species, the number of fish retained and discarded for each set;

(D) be made available to a local representative of the department upon request.

(2) A person may not make a false entry in a log sheet described in this section.

(c) An operator of a vessel participating in the Cook Inlet sablefish fishery may not land or have on board the vessel more than 3,000 pounds (round weight) of sablefish in any two consecutive days.

(d) At least six hours before landing sablefish, an operator of a vessel participating in the Cook Inlet Area sablefish fishery must notify the department by telephone, to a telephone number specified in writing by the department on the registration forms at the time of registration, the following information:

(1) vessel name and ADF&G number;

(2) date and location of landing, and estimated time of arrival;

(3) name of fish buyer or processor;

(4) estimated number of pounds of sablefish on board the vessel;

(5) whether the catch is dressed fish or whole (in the round) fish.

(e) A vessel retaining sablefish in federal waters may not operate gear in state waters of the Cook Inlet Area during the same trip.

History

Authority: AS 16.05.251
Eff. 4/9/2005, Register 174; am 3/2/2011, Register 197; am 3/15/2017, Register 221; am 4/24/2020, Register 234

5 AAC 28.365 Cook Inlet Rockfish Management Plan {#sec-5-aac-28.365 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.365}

(a) A vessel fishing in the Cook Inlet District may not land or have on board more than a combined total of 1,000 pounds (round weight) of all rockfish species within five consecutive days.

(b) A vessel fishing in the North Gulf District may not land or have on board more than 4,000 pounds (round weight) of all rockfish species within five consecutive days.

(c) If the commissioner determines a closure is necessary to ensure that the guideline harvest level for rockfish is not exceeded, the commissioner shall close, by emergency order, the directed rockfish fishery and may adjust rockfish bycatch allowances in other directed groundfish and halibut fisheries.

(d) The guideline harvest level for the Cook Inlet Area is 150,000 pounds (round weight) for all rockfish species combined.

(e) An operator of a vessel participating in the Cook Inlet Area directed rockfish fishery shall obtain a rockfish log sheets provided by the department. The vessel operator must have the log sheets on board the vessel at all times and must submit to the department no later than seven days following delivery completed log sheets that correspond with each ADF&G directed rockfish fish ticket.

(1) A log sheet described in this section must:

(A) include the date, the specific location of harvest by latitude and longitude, the number of hooks fished, the average depth, and the time gear is deployed and hauled, for each set;

(B) include for the target species, and for each bycatch species, the number of fish retained and discarded for each set;

(D) be made available to a local representative of the department upon request.

(2) A person may not make a false entry in a log sheet described in this section.

(f) In the Cook Inlet Area, in a halibut or directed groundfish fishery, other than for rockfish, a CFEC permit holder must retain all rockfish, and, unless otherwise specified in this section or by emergency order, all rockfish in excess of 10 percent, round weight, of aggregate targeted groundfish species and halibut on board the vessel must be weighed and reported as bycatch overage on an ADF&G fish ticket. All proceeds from the sale of excess rockfish shall be surrendered to the state.

(g) In the Cook Inlet Area, the directed rockfish fishery targets pelagic shelf rockfish, as defined in 5 AAC 39.975. During the directed rockfish fishery, a CFEC permit holder must retain all rockfish. All nonpelagic rockfish in excess of 20 percent, combined round weight, of the gross round weight of all pelagic shelf rockfish on board the vessel must be weighed and reported as bycatch overage on an ADF&G fish ticket. All proceeds from the sale of excess rockfish shall be surrendered to the state.

(h) At least six hours before landing rockfish, an operator of a vessel participating in the Cook Inlet Area directed rockfish fishery must notify the department by telephone, to a telephone number specified in writing by the department on the registration forms at the time of registration, the following information:

(1) vessel name and ADF&G number;

(2) date and location of landing, and estimated time of arrival;

(3) name of fish buyer or processor; and

(4) estimated number of pounds of rockfish on board the vessel.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 4/7/93, Register 126; am 6/15/95, Register 134; am 4/4/97, Register 142; am 3/11/2001, Register 157; am 4/9/2005, Register 174; am 3/2/2011, Register 197; am 3/15/2017, Register 221

5 AAC 28.367 Cook Inlet Pacific Cod Management Plan {#sec-5-aac-28.367 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.367}

(a) The management plan in this section governs the harvest of Pacific cod in the Cook Inlet Area.

(b) Each year the commissioner

(1) shall open and close, by emergency order, a parallel season in the Cook Inlet Area to coincide with the initial federal season in the federal Central Gulf of Alaska Area during which the use of the gear allowed in the federal season for Pacific cod is permitted, unless use of that gear is prohibited under 5 AAC 28.050, 5 AAC 28.330, or 5 AAC 28.350;

(2) may open and close, by emergency order, a parallel season to coincide with the federal Central Gulf of Alaska Area "B" season, during which the use of the gear allowed in the federal season for Pacific cod is permitted, unless use of that gear is prohibited under 5 AAC 28.050, 5 AAC 28.330, or 5 AAC 28.350.

(c) The commissioner shall open, by emergency order, a state-waters season for mechanical jigging machine and hand troll gear and groundfish pot gear in the Cook Inlet Area 24 hours following the closure of the initial federal season in the federal Central Gulf of Alaska Area for jig gear and pot gear and shall close or reopen, by emergency order, the state-waters season, as follows:

(1) close the state-waters season for mechanical jigging machine and hand troll gear when 15 percent of the guideline harvest level is taken by mechanical jigging machine and hand troll gear, a parallel season for mechanical jigging machine and hand troll gear is opened under (b)(2) of this section, or December 31, whichever occurs first; if 90 percent of the mechanical jigging machine and hand troll gear allocation is reached in any calendar year, the allocation to that gear will increase by five percent beginning the following calendar year to a maximum of 25 percent;

(2) close the state-waters season for pot gear when a maximum of 85 percent of the guideline harvest level, or the percentage of the guideline harvest level as adjusted by any change in the mechanical jigging machine and hand troll gear allocation as specified in (1) of this subsection, is taken by pot gear, a parallel season for pot gear is opened under (b)(2) of this section, or December 31, whichever occurs first;

(3) if there is any guideline harvest level remaining on September 1, the commissioner may close, by emergency order, the state-waters season and immediately reopen a state-waters season to all legal gear on September 1, or following the closure of a parallel season; the state-waters season will close on December 31 or when the guideline harvest level is reached, whichever occurs first; if the season is closed and immediately reopened under this paragraph, a vessel participating in the state-waters season when it was closed will not be required to comply with the landing requirements of 5 AAC 28.371 until the season is closed again;

(4) close the state-waters season for vessels longer than 58 feet in overall length fishing with pot gear when 25 percent of the guideline harvest level has been taken by those vessels, unless the state-waters season for pot gear has already been closed for the remainder of the season under (2) of this subsection; this restriction does not apply if the season for pot gear is still open under (3) of this subsection.

(d) The commissioner may open and close, by emergency order, fishing seasons at times other than those specified in this management plan if the commissioner determines it is necessary to

(1) adapt to unanticipated openings and closures of the federal season;

(2) maintain sustained yield management;

(3) provide for orderly fisheries; or

(4) allow for a concurrent state-waters season and federal season for Pacific cod based on inseason assessment of effort, harvest rate, or remaining Pacific cod quota.

(e) During a state-waters season,

(1) the guideline harvest level for Pacific cod in the Cook Inlet Area is 3.75 percent of the estimated total allowable harvest of Pacific cod for the federal Central Gulf of Alaska Area;

(2) Pacific cod may be taken only with groundfish pot gear, mechanical jigging machines, and hand troll gear, as follows:

(A) except as provided in (g) of this section, no more than 60 groundfish pots may be operated from a vessel registered to fish for Pacific cod;

(B) no more than five mechanical jigging machines may be operated from a vessel registered to fish for Pacific cod;

(C) in addition to the requirements of 5 AAC 28.020, a vessel must be registered to fish with groundfish pot gear or with mechanical jigging machine and hand troll gear (jig gear), and may not simultaneously be registered to fish with more than one gear type; a vessel's gear registration may be changed during a state-waters season to a different gear registration if the owner, or the owner's agent, submits a written request for a change in registration by mail, facsimile, or in person, to the department office in Homer, or other locations specified by the department, for validation, and that registration has been validated by the department.

(f) The Cook Inlet Area is an exclusive registration area for Pacific cod during a state-waters season.

(g) If at any time after October 30 the commissioner determines that the guideline harvest level for Pacific cod will not be reached by December 31, the commissioner may close, by emergency order, the fishing season and immediately reopen a state-waters season during which the following shall be implemented to increase the harvest rate to achieve the guideline harvest level:

(1) removal of the limits on the number of groundfish pots and mechanical jigging machines that may be operated from a vessel;

(2) if needed, designation of the Cook Inlet Area as a nonexclusive registration area for Pacific cod.

(h) If the season is closed and immediately reopened under (g) of this section, a vessel participating in the state-waters season when it was closed will not be required to comply with the landing requirements of 5 AAC 28.371 until the season is closed again.

(i) If a state-waters season and a federal season for Pacific cod are opened concurrently for the same gear type or for a different gear type,

(1) a vessel may not participate in a state-waters season and any other Pacific cod season at the same time;

(2) a vessel's registration for the state-waters season in the Cook Inlet Area must be invalidated and all groundfish on board that vessel must be landed before that vessel may participate in any other concurrent Pacific cod season;

(3) registration for a state-waters season may only occur in person or by facsimile from 8:00 a.m. to 5:00 p.m. on a working day at the department office in Homer, or other locations specified by the department; and

(4) all groundfish on board a vessel must be landed before that vessel may be registered for a Cook Inlet Area state-waters season for Pacific cod.

(j) A vessel participating in a parallel Pacific cod season in the Cook Inlet Area may not operate gear in any other registration area during the same trip.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 4/4/97, Register 142; am 11/27/97, Register 144; am 7/21/99, Register 151; am 5/31/2001, Register 158; am 2/13/2005, Register 173; am 4/9/2005, Register 174; am 3/2/2011, Register 197; am 4/20/2012, Register 202; am 4/24/2020, Register 234

5 AAC 28.370 Possession requirements for Cook Inlet Area {#sec-5-aac-28.370 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.370}

(a) Lingcod retained must measure at least 35 inches from the tip of the snout to the tip of the tail, or 28 inches from the front of the dorsal fin to the tip of the tail. Undersized lingcod shall be returned to the water immediately without further injury. No person may mutilate or otherwise disfigure a lingcod in any manner that prevents determination of the minimum size before delivery for sale.

(b) If the commissioner determines it necessary for biological sampling purposes, the commissioner may close, by emergency order, a fishing season for lingcod and immediately reopen the season with a requirement that all lingcod be delivered with the head on and with the vent and external area one inch forward of the vent unmutilated, as evidence of gender.

(c) Walleye pollock taken with mechanical jigging machines and hand troll gear during a state-waters season for Pacific cod described in 5 AAC 28.367 may be retained.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 4/7/93, Register 126; am 4/4/97, Register 142; am 4/12/98, Register 146; am 2/13/2005, Register 173; am 4/20/2012, Register 202; am 6/26/2016, Register 218

5 AAC 28.371 Landing requirements for Cook Inlet Area {#sec-5-aac-28.371 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.371}

(a) After 24 hours following the closure of any directed groundfish season within the Cook Inlet Area, a vessel that participated in that fishery may not have that species of groundfish on board unless

(1) that species has been designated as bycatch for another directed fishery and the amount on board is permissible under retained bycatch restrictions specified in regulation;

(2) the vessel has been delayed due to extraordinary circumstances beyond the control of the vessel operator, and the vessel operator has contacted a local representative of the department within 24 hours following the closure of the season and the representative has granted a reasonable amount of time for the vessel to reach the port of delivery or processing location, any amount of additional time shall be determined under the assumption that the vessel departed the fishing grounds immediately after the closure and proceeded directly to the port of delivery or processing location; or

(3) the vessel is in port at the vessel's delivery location no later than 24 hours following the closure of the season and available and scheduled for offloading, with the permit holder on board the vessel.

(b) At least six hours before landing lingcod, an operator of a vessel participating in the Cook Inlet Area lingcod fishery must notify the department by telephone, at a telephone number specified in writing by the department on the registration forms at the time of registration, of the following information:

(1) vessel name and ADF&G number;

(2) date and location of landing, and estimated time of arrival;

(3) name of fish buyer or processor;

(4) estimated number of pounds of lingcod on board the vessel.

History

Authority: AS 16.05.251
Eff. 4/4/97, Register 142; am 3/22/2014, Register 209; am 4/24/2020, Register 234

5 AAC 28.379 Permit for miscellaneous groundfish {#sec-5-aac-28.379 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.379}

(a) Except when taken as allowable bycatch in a directed fishery, and notwithstanding 5 AAC 28.084, a person may take miscellaneous groundfish, including spiny dogfish (Squalus acanthias), on an experimental basis in the Cook Inlet Area only under the conditions of a permit issued by the commissioner under this section necessary for conservation or management purposes. In the permit, the commissioner may

(1) specify the depth of fishing gear;

(2) specify the fishing season and periods of fishing;

(3) specify the area of fishing;

(4) establish the allowable size of harvested fish;

(5) specify the type and configuration of gear;

(6) require the completion of logbooks provided by the department and require that the logbooks be attached to a fish ticket at the time of landing; and

(7) require other conditions that the commissioner determines are necessary for conservation or management purposes.

(b) In deciding whether to issue a permit under this section, the commissioner may consider whether the harvested fish can be fully utilized.

(1) are those species of groundfish that are not specified in 5 AAC 28.300 - 5 AAC 28.371; and

(2) includes spiny dogfish (Squalus acanthias).

History

Authority: AS 16.05.251
Eff. 4/22/99, Register 150; am 4/9/2005, Register 174; am 6/26/2016, Register 218

Article 7 Kodiak Area (Registration Area K)

5 AAC 28.400 Description of Kodiak Area {#sec-5-aac-28.400 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.400}

The Kodiak Area consists of all waters of Alaska south of line extending east from Cape Douglas at 58° 51.10' N. lat., west of 149° W. long., and east of line extending south from the Alaska Peninsula near Kilokak Rocks at 156° 20.22' W. long.

History

Authority: AS 16.05.251
Eff. 7/30/89, Register 111; am 4/4/97, Register 142; am 4/9/2005, Register 174; am 4/20/2012, Register 202

5 AAC 28.404 Description of Kodiak Area districts {#sec-5-aac-28.404 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.404}

(a) Afognak District: all waters of the Kodiak Area south of the latitude of Cape Douglas (58° 51.10' N. lat.), north of 58° N. lat., and east of a line extending through Shelikof Strait from a point at 58° 51.10' N. lat., 152° 50.00' W. long., to a point at 56° 37.00' N. lat., 156° 20.22' W. long.

(b) Northeast District: all waters of the Kodiak Area south of 58° N. lat., north of 57° 30.00' N. lat., and east of 153° W. long.

(c) Eastside District: all waters of Ugak and Kiliuda Bays, all waters of the Kodiak Area on the east side of Kodiak Island that are south of 57° 30.00' N. lat. and east of 153° W. long., and all waters of Sitkalidak Strait east of 153° 16.00' W. long.

(d) Southeast District: all waters of Sitkalidak Strait west of 153° 16.00' W. long., and all waters of the Kodiak Area south of Kodiak and Sitkalidak Islands, west of 153° W. long., and east of 154° W. long.

(e) Southwest District: all waters of Olga and Alitak Bays and all waters of the Kodiak Area southwest of Kodiak Island, south of 57° N. lat., and west of 154° W. long., excluding the waters of the Mainland District.

(f) Westside District: all waters of the Kodiak Area on the west side of Kodiak Island, south of 58° N. lat., north of 57° N. lat., west of 153° W. long., and east of a line extending through Shelikof Strait from a point at 58° 51.10' N. lat., 152° 50.00' W. long., to a point at 56° 37.00' N. lat., 156° 20.22' W. long.

(g) Mainland District: all waters of the Kodiak Area south of the Alaska Peninsula, including Wide and Imuya Bays, and all waters south of 58° 51.10' N. lat., east of 156° 20.22' W. long., and west of a line extending through Shelikof Strait from a point at 58° 51.10' N. lat., 152° 50.00' W. long., to a point at 56° 37.00' N. lat., 156° 20.22' W. long.

History

Authority: AS 16.05.251
Eff. 3/31/2002, Register 161; am 4/20/2012, Register 202

5 AAC 28.405 Description of districts {#sec-5-aac-28.405 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.405}

Repealed.

History

Eff. 7/30/89, Register 111; am 4/7/93, Register 126; repealed 4/4/97, Register 142

5 AAC 28.406 Kodiak Area registration {#sec-5-aac-28.406 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.406}

(a) The Kodiak Area is

(1) an exclusive registration area for Pacific cod during a state-waters season described in 5 AAC 28.467; and

(2) a nonexclusive registration area for black rockfish.

(b) A vessel that is registered for the Kodiak Area under 5 AAC 28.020 for a groundfish fishery, other than a state-waters season for Pacific cod described in 5 AAC 28.467 or a directed fishery for black rockfish under this section, also shall be considered registered for that fishery in the Chignik Area described in 5 AAC 28.500, the South Alaska Peninsula Area described in 5 AAC 28.550, the Bering Sea-Aleutian Islands Area described in 5 AAC 28.600, and the Chukchi-Beaufort Area described in 5 AAC 28.700.

(c) A vessel's salmon seine registration is automatically invalidated during the time period described in 5 AAC 28.430(d) when the vessel owner, or the owner's agent, has registered that vessel under 5 AAC 28.020 and this section to take groundfish with seine gear. The vessel's salmon seine registration becomes valid again when the prohibition described in 5 AAC 28.430(d) is not in effect, or when the vessel owner, or the owner's agent, contacts a local representative of the department within the registration area in person or in writing, by mail or facsimile, and invalidates the vessel's groundfish registration.

(d) In the Kodiak Area, before a person uses a vessel to operate gear in a directed fishery for black rockfish, the vessel owner or the owner's agent shall register the vessel for a specific black rockfish district with the department. A vessel validly registered for black rockfish fishing under this subsection may not be registered for a state-waters season or parallel season for Pacific cod at the same time.

(e) Repealed 4/21/2011.

History

Authority: AS 16.05.251
Eff. 4/4/97, Register 142; am 11/27/97, Register 144; am 3/31/2002, Register 161; am 4/9/2005, Register 174; am 5/12/2005, Register 174; am 4/21/2011, Register 198; am 4/20/2012, Register 202

5 AAC 28.410 Fishing seasons for Kodiak Area {#sec-5-aac-28.410 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.410}

(a) Unless otherwise specified in this chapter, groundfish may be taken only during seasons established by emergency order or under a permit issued by the commissioner.

(b) Lingcod may be taken only from July 1 through December 31.

(d) There is no open fishing season for a directed fishery for sablefish in the Kodiak Area.

(e) Black rockfish may be taken from January 1 through December 31, unless closed by emergency order.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 7/30/89, Register 111; am 4/7/93, Register 126; am 4/4/97, Register 142; am 11/27/97, Register 144; am 7/21/99, Register 151; am 3/31/2002, Register 161; am 4/21/2011, Register 198; am 5/1/2014, Register 210

5 AAC 28.430 Lawful gear for Kodiak Area {#sec-5-aac-28.430 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.430}

(a) A groundfish pot may not be attached to a line connected to another groundfish pot.

(b) Repealed 6/25/2023.

(d) A vessel registered as a salmon seine vessel under 5 AAC 39.120 may not be used to take groundfish with seine gear from June 1 through October 31 unless the vessel owner, or the owner's agent, has registered the vessel as specified in 5 AAC 28.406(c).

(e) Rockfish may be taken in a directed fishery for rockfish only by mechanical jigging machine and hand troll gear.

(f) In the Kodiak Area, a mechanical jigging machine used to take groundfish may not have more than

(1) six lines; and

(2) 30 hooks per line.

(g) In the Kodiak Area, a vessel using mechanical jigging machines in the directed black rockfish fishery or state-waters Pacific cod fishery may have no more than 500 hooks, in the aggregate, deployed in the water and on board the vessel, of which no more than 180 hooks may be deployed in the water as described in (f) of this section.

(h) Lingcod may be taken in a directed fishery for lingcod only by mechanical jigging machine and hand troll gear.

History

Authority: AS 16.05.251
Eff. 7/30/89, Register 111; am 4/7/93, Register 126; am 4/14/93, Register 126; am 4/4/97, Register 142; am 7/21/99, Register 151; am 7/5/2000, Register 155; am 3/31/2002, Register 161; am 4/9/2005, Register 174; am 4/25/2008, Register 186; am 4/21/2011, Register 198; am 4/20/2012, Register 202; am 6/5/2020, Register 234; am 6/25/2023, Register 246

5 AAC 28.432 Groundfish pot storage requirements for Kodiak Area {#sec-5-aac-28.432 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.432}

(a) Rectangular groundfish pots with all bait and bait containers removed and with all doors secured fully open, and cone or pyramid groundfish pots with all bait and bait containers removed and all doors not secured closed may be stored in waters not more than 25 fathoms deep.

(b) Following the closure of a parallel season or state-waters season for Pacific cod, all groundfish pot gear used by a vessel registered to fish Pacific cod must be removed from the water, except that

(1) rectangular groundfish pots may be stored as described in (a) of this section; or

History

Authority: AS 16.05.251
Eff. 4/4/97, Register 142; am 7/5/2000, Register 155; am 4/20/2012, Register 202

5 AAC 28.450 Closed waters in Kodiak Area {#sec-5-aac-28.450 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.450}

(a) From June 1 through October 31, groundfish may not be taken by seines in waters listed in 5 AAC 18.350.

(b) Rockfish (genus Sebastes) may not be taken in waters of Monashka Bay inside of a line from the tip of Termination Point to the tip of Miller Point.

(d) Repealed 4/4/97.

(e) The waters of Alaska in the Kodiak Area that are approximately three miles on either side of the mouth of the Karluk River bounded on the north by a line from 57° 36.26' N. lat., 154° 23.73' W. long., to a point at the state waters boundary at 57° 38.51' N.lat., 154° 27.92' W. long., and bounded on the south by a line from 57° 32.34' N. lat., 154° 32.15' W. long., to a point at the state waters boundary at 57° 34.84' N. lat., 154° 36.80' W. long. are closed to fishing with trawl gear.

History

Authority: AS 16.05.251
Eff. 7/30/89, Register 111; em am 4/30/91 - 5/30/91, Register 118; am 7/21/91, Register 119; am 4/7/93, Register 126; am 2/24/96, Register 137; am 4/4/97, Register 142; am 4/21/2011, Register 198

5 AAC 28.465 North Gulf District Rockfish Management Plan {#sec-5-aac-28.465 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.465}

Repealed.

History

Eff. 4/7/93, Register 126; am 6/15/95, Register 134; repealed 4/4/97, Register 142

5 AAC 28.466 Kodiak Area Rockfish Management Plan {#sec-5-aac-28.466 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.466}

(a) This management plan governs the harvest of black rockfish and dark rockfish in the Kodiak Area.

(b) Unless otherwise specified in this section, a person operating a vessel in a directed black rockfish fishery may not have on board the vessel or sell more than 5,000 pounds (round weight) of black rockfish within a five-day period. All black rockfish taken in excess of 5,000 pounds must be weighed, sold, and reported on an ADF&G fish ticket. All proceeds from the sale of black rockfish in excess of 5,000 pounds (round weight) shall be surrendered to the state.

(c) A person operating a catcher-processor vessel in a directed black rockfish fishery may not have on board the vessel or sell more than 5,000 pounds (round weight) of black rockfish within a five-day period and may not exceed 10,000 pounds sold or on board the vessel within a 10-day period. All black rockfish taken in excess of the specified time-period harvest limit must be weighed, sold, and reported on an ADF&G fish ticket. All proceeds from the sale of black rockfish in excess of a legal limit shall be surrendered to the state.

(d) If a district guideline harvest level for black rockfish is not taken by August 15, the commissioner may, by emergency order, close the fishing season and immediately reopen a fishing season in a district during which a person operating a vessel participating in a directed black rockfish fishery may not have on board the vessel or sell more than 7,000 pounds (round weight) of black rockfish within a five-day period. All black rockfish taken in excess of 7,000 pounds must be weighed, sold, and reported on an ADF&G fish ticket. All proceeds from the sale of black rockfish in excess of 7,000 pounds (round weight) shall be surrendered to the state.

(e) If a district guideline harvest level for black rockfish is not taken by August 15, the commissioner may, by emergency order, close the fishing season and immediately reopen a fishing season in a district during which a person operating a catcher-processor vessel in a directed black rockfish fishery may not have on board the vessel or sell more than 7,000 pounds (round weight) of black rockfish within a five-day period and may not exceed 14,000 pounds sold or on board the vessel within a 10-day period. All black rockfish taken in excess of the specified time-period harvest limit must be weighed, sold, and reported on an ADF&G fish ticket. All proceeds from the sale of black rockfish in excess of a legal limit shall be surrendered to the state.

(f) Unless otherwise provided in this subsection, bycatch limits for black rockfish and dark rockfish shall be established by the commissioner in an emergency order. A person operating a vessel that takes black rockfish or dark rockfish in excess of the established bycatch limit for each species must weigh and report the bycatch overage on an ADF&G fish ticket. All proceeds from the sale of excess bycatch of black rockfish and dark rockfish shall be surrendered to the state. A vessel operator participating in a groundfish fishery using gear other than mechanical jigging machine gear may not harvest black rockfish or dark rockfish in excess of five percent, (round weight) of all directed target species on board the vessel. All black rockfish or dark rockfish in excess of five percent must be weighed, sold, and reported as bycatch overage on an ADF&G fish ticket. All proceeds from the sale of excess bycatch of black rockfish and dark rockfish shall be surrendered to the state. If a black rockfish district guideline harvest level is reached, the commissioner may, by emergency order, close the fishing season and immediately reopen a fishing season during which the bycatch limit for black rockfish and dark rockfish may be reduced to prevent overharvest.

(g) In the directed black rockfish fishery, an owner or operator of a catcher-processor vessel must report, as specified on the registration form, to the local representative of the department in the Kodiak office by radio or telephone, the whole pounds of black rockfish and dark rockfish retained during the previous five-day fishing period, and any other information that the commissioner determines is necessary for the management and conservation of the fishery.

(h) The annual Kodiak Area black rockfish guideline harvest range is 0 - 120,000 pounds.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 4/21/2011, Register 198; am 6/5/2020, Register 234

5 AAC 28.467 Kodiak Area Pacific Cod Management Plan {#sec-5-aac-28.467 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.467}

(a) The management plan in this section governs the harvest of Pacific cod in the Kodiak Area.

(b) Each year the commissioner shall open and close, by emergency order, a parallel season in the Kodiak Area during which use of the gear allowed in the federal season for Pacific cod in the Central Gulf of Alaska Area is permitted, unless that gear is prohibited under 5 AAC 28.050, 5 AAC 28.430, or 5 AAC 28.450.

(c) Each year the commissioner shall open and close, by emergency order, a state-waters season in the Kodiak Area for mechanical jigging machine and hand troll gear and for pot gear, as follows:

(1) when a state-waters season for Pacific cod is opened for mechanical jigging machine and hand troll gear or pot gear, the parallel season for the applicable gear type is closed; the fishing season for mechanical jigging machine and hand troll gear or pot gear will close when the applicable gear type takes 50 percent of the annual Kodiak Area guideline harvest level;

(2) the fishing season for vessels longer than 58 feet in overall length fishing with pot gear will close when 25 percent of the guideline harvest level has been taken by those vessels or December 31, whichever occurs first, unless the pot gear season has already been closed because pot gear has already taken 50 percent of the Kodiak Area guideline harvest level; the restrictions under this paragraph do not apply to a season reopened under (f) of this section.

(d) The seasons for mechanical jigging machine and hand troll gear are as follows:

(1) the state-waters season shall open January 1 and shall close when the mechanical jigging machine and hand troll gear allocation is taken;

(2) the parallel season that coincides with the federal Central Gulf of Alaska jig "A" season shall open 48 hours after the closure of the mechanical jigging machine and hand troll gear state-waters season;

(3) the parallel season that coincides with the federal Central Gulf of Alaska jig gear "B" season shall open June 10 or later based on inseason assessment of effort, harvest rate, or remaining Pacific cod guideline harvest level;

(4) the state-waters season shall reopen 48 hours after the closure of the federal Central Gulf of Alaska jig gear "B" season if the mechanical jigging machine and hand troll gear allocation has not been taken.

(e) The seasons for pot gear are as follows:

(1) the state-waters season shall open seven days following the closure of the federal Central Gulf of Alaska pot gear "A" season;

(2) the state-waters season shall close when the pot gear allocation is taken or August 28, whichever occurs first;

(3) the parallel season that coincides with the federal Central Gulf of Alaska pot gear "B" season shall open on September 1.

(f) If during a state-waters season

(1) less than 10.2 percent of the mechanical jigging machine and hand troll gear guideline harvest level allocation has been taken through March 25, the commissioner shall reopen a state-waters season at 12:00 p.m. on April 1 and allow 50 percent of the remaining jig gear allocation, as of March 25, to be harvested by vessels using pot or jig gear; the state-waters season reopened under this paragraph for vessels using pot gear will close when 50 percent of the remaining jig gear allocation as of March 25 has been taken by vessels using pot gear or August 28, whichever occurs first;

(2) the state-waters season guideline harvest level is not taken by the conclusion of the federal Central Gulf of Alaska pot gear "B" season, the commissioner may reopen a state-waters season during which all legal gear may be used, and shall close, by emergency order, the season on December 31 or when the guideline harvest level is achieved, whichever occurs first.

(g) The commissioner may open and close, by emergency order, fishing seasons at times other than those specified in this management plan if the commissioner determines it is necessary to

(1) adapt to unanticipated openings and closures of the federal season;

(2) maintain sustained yield management; or

(3) provide for orderly fisheries.

(h) During a state-waters season,

(1) the guideline harvest level for Pacific cod in the Kodiak Area is 12.5 percent of the estimated total allowable harvest of Pacific cod for the federal Central Gulf of Alaska Area;

(2) Pacific cod may be taken only with groundfish pots, mechanical jigging machines, and hand troll gear, as follows:

(A) except as provided in (j) of this section, no more than 60 groundfish pots may be operated from a vessel registered to fish for Pacific cod;

(B) no more than six mechanical jigging machines may be operated from a vessel registered to fish for Pacific cod;

(C) in addition to the requirements of 5 AAC 28.020, a vessel must be registered to fish with pot gear or with mechanical jigging machine and hand troll gear (jig gear), and may not simultaneously be registered to fish with more than one gear type; a vessel's gear registration may be changed during a state-waters season to a different gear registration if the owner, or the owner's agent, submits a written request for a change in registration by mail, facsimile, or in person, to the department office in Kodiak, or other locations specified by the department, for validation, and that registration has been validated by the department;

(D) during the seven days following the opening of the state-waters season, an operator of a vessel registered to fish for Pacific cod may store or transport groundfish pots in excess of the pot limit established in (A) of this paragraph if the pots are

(i) stored in waters not more than 25 fathoms deep as described in 5 AAC 28.432(a); or

(ii) being transported on board the vessel and are not marked with identification tags.

(i) The Kodiak Area is an exclusive registration area for Pacific cod during a state-waters season.

(j) If at any time after the dates set forth below the commissioner determines that the guideline harvest level for Pacific cod will not be achieved by December 31, the commissioner may close, by emergency order, the fishing season and immediately reopen a state-waters season during which the following shall be implemented to increase the harvest rate in an attempt to reach the guideline harvest level:

(1) after September 1, the commissioner may remove the limits on the number of groundfish pots and mechanical jigging machines that may be operated from a vessel;

(2) after October 30, the commissioner may designate the Kodiak Area as a nonexclusive registration area for vessels validly registered to take Pacific cod with groundfish pot gear;

(3) after June 10, the commissioner may designate the Kodiak Area as a nonexclusive registration area for vessels validly registered to take Pacific cod with mechanical jigging machine and hand troll gear.

(k) If the season is closed and immediately reopened under (j) of this section, a vessel participating in the state-waters season when it was closed will not be required to comply with the landing requirements of 5 AAC 28.471 until the season is closed again.

(l) If a state-waters season and federal season for Pacific cod are opened concurrently for the same gear type,

(1) a vessel may not participate in a state-waters season and any other Pacific cod season at the same time;

(2) a vessel's registration for the state-waters season in the Kodiak Area must be invalidated before that vessel may participate in any other Pacific cod season;

(3) registration for a state-waters season may only occur in person or by facsimile from 8:00 a.m. to 5:00 p.m. on a working day at a department office designated by the department; and

(4) all groundfish on board a vessel must be landed before that vessel may have the vessel's registration invalidated or be registered for a state-waters season for Pacific cod in the Kodiak Area.

(m) If a state-waters season and federal season for Pacific cod are open concurrently for different gear types, a vessel may not participate in a state-waters season and any other Pacific cod season at the same time.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 4/4/97, Register 142; am 11/27/97, Register 144; am 7/21/99, Register 151; em am 11/24/99 - 2/29/2000, Register 152; am 7/5/2000, Register 155; am 5/31/2001, Register 158; am 3/31/2002, Register 161; am 4/20/2012, Register 202; am 2/23/2014, Register 209; am 4/15/2017, Register 222; am 6/5/2020, Register 234; am 4/21/2024, Register 250

5 AAC 28.470 Lingcod possession and bycatch requirements for Kodiak Area {#sec-5-aac-28.470 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.470}

(a) Lingcod that are retained must measure 35 inches or more from the tip of the snout to the tip of the tail, or 28 inches from the front of the dorsal fin to the tip of the tail. Undersized lingcod shall be returned to the water immediately without further injury. A person may not mutilate or otherwise disfigure a lingcod in any manner that prevents determination of the minimum size.

(b) If the commissioner determines that there is no conservation concern for lingcod, the commissioner may, by emergency order, increase the bycatch limit for lingcod, for vessels using mechanical jigging machines and hand troll gear.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 4/7/93, Register 126; am 4/4/97, Register 142; am 4/21/2011, Register 198

5 AAC 28.471 Landing requirements for Kodiak Area {#sec-5-aac-28.471 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.471}

After 48 hours following the closure of any directed groundfish season within the Kodiak Area, a vessel that participated in that fishery may not have that species of groundfish on board unless

(1) that species has been designated as bycatch for another directed fishery and the amount on board is permissible under retained bycatch restrictions specified in regulation; or

(2) the vessel has been delayed due to extraordinary circumstances beyond the control of the vessel operator, and the vessel operator has contacted a local representative of the department within 48 hours following the closure of the season and the representative has granted a reasonable amount of time for the vessel to reach the port of delivery or processing location; any amount of additional time shall be determined under the assumption that the vessel departed the fishing grounds immediately after the closure and proceeded directly to the port of delivery or processing location.

History

Authority: AS 16.05.251
Eff. 4/4/97, Register 142

5 AAC 28.472 Black rockfish possession and landing requirements for Kodiak Area {#sec-5-aac-28.472 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.472}

Repealed.

History

Eff. 3/31/2002, Register 161; am 4/9/2005, Register 174; am 5/12/2005, Register 174; am 4/25/2008, Register 186; repealed 4/21/2011, Register 198

5 AAC 28.479 Permit for miscellaneous groundfish in the Kodiak Area {#sec-5-aac-28.479 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.479}

(a) Except when taken as allowable bycatch in another directed fishery, miscellaneous groundfish may be taken on an experimental basis in the Kodiak Area only under the conditions of a permit issued by the commissioner necessary for conservation or management purposes. The permit may

(1) specify the depth of fishing gear;

(2) specify the fishing season and periods of fishing;

(3) specify the area of fishing;

(4) establish the allowable size of harvested fish;

(5) specify the type and configuration of gear;

(6) require the completion of logbooks provided by the department and require that the logbooks be attached to a fish ticket at the time of landing; and

(7) require other conditions that the commissioner determines are necessary for conservation or management purposes.

(b) For the purpose of this section, "miscellaneous groundfish" are those species of groundfish not specifically addressed in 5 AAC 28.400 - 5 AAC 28.485.

History

Authority: AS 16.05.251
Eff. 6/26/2016, Register 218

5 AAC 28.485 Logbook requirements for black rockfish fishery in the Kodiak Area {#sec-5-aac-28.485 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.485}

(a) In the Kodiak Area, an operator of a vessel fishing for black rockfish in a directed fishery shall maintain an accurate logbook of all fishing operations for each type of gear used.

(b) A logbook described in (a) of this section must

(1) include the date, the specific location of harvest by latitude and longitude, the number of hooks and lines used, the average depth of each set fished, and the hours fished for each line;

(2) include, for the target species, and for each bycatch species, the number of fish

(A) retained; and

(B) discarded;

(3) be updated not later than 11:59 p.m. local time on the day after the day of operation;

(4) be retained, with its original pages, for a period of two years by the owner or operator of the vessel;

(5) be kept on board the vessel while operating gear, during transits to or from a port of landing, and for five days after delivering groundfish;

(6) be made available to a local representative of the department upon request.

(c) A copy of the page of the logbook described in (a) in this section pertaining to a landing must be attached to the fish ticket documenting the landing.

(d) A person may not make a false entry in the logbook described in (a) of this section.

History

Authority: AS 16.05.251
Eff. 4/9/2005, Register 174; am 4/21/2011, Register 198; am 6/26/2016, Register 218

Article 8 Chignik Area (Registration Area L)

5 AAC 28.500 Description of Chignik Area {#sec-5-aac-28.500 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.500}

The Chignik Area consists of all waters of Alaska on the south side of the Alaska Peninsula enclosed by a line extending south from the Alaska Peninsula near Kilokak Rocks at 156° 20.22' W. long., and a line extending from Kupreanof Point at 55° 33.98' N. lat., 159° 35.88' W. long, to a point offshore at 53° 40.46' N., 156° 20.22' W. long.

History

Authority: AS 16.05.251
Eff. 7/30/89, Register 111; am 4/4/97, Register 142; am 4/20/2012, Register 202; am 9/19/2019, Register 231

5 AAC 28.505 Description of Chignik Area districts {#sec-5-aac-28.505 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.505}

(a) Sutwik Island District: all waters of the Chignik Area west of 156° 20.22' W. long. and north of 56° 30.00' N. lat.

(b) Chignik Bay District: all waters of the Chignik Area south of 56° 30.00' N. lat. and north of a line at 56° N. lat. extending east from Seal Cape.

(c) Mitrofania District: all waters of Kuiukta Bay, and those waters of the Chignik Area south of a line at 56° N. lat. extending east from Seal Cape, and east of a line extending from Kupreanof Point at 55° 33.98' N. lat., 159° 35.88' W. long., to a point offshore at 53° 40.46' N. lat., 156° 20.22' W. long.

History

Authority: AS 16.05.251
Eff. 3/31/2002, Register 161; am 4/20/2012, Register 202; am 9/19/2019, Register 231

5 AAC 28.506 Chignik Area registration {#sec-5-aac-28.506 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.506}

(a) The Chignik Area is a superexclusive registration area for Pacific cod during a state-waters season described in 5 AAC 28.537.

(b) A vessel that is registered for the Chignik Area under 5 AAC 28.020 for a groundfish fishery, other than a state-waters season for Pacific cod described in 5 AAC 28.537 or a directed fishery for black rockfish under this section, also shall be considered registered for that fishery in the Kodiak Area described in 5 AAC 28.400, the South Alaska Peninsula Area described in 5 AAC 28.550, the Bering Sea-Aleutian Islands Area described in 5 AAC 28.600, and the Chukchi-Beaufort Area described in 5 AAC 28.700.

(c) A vessel's salmon seine registration is automatically invalidated during the time period described in 5 AAC 28.530(e) when the vessel owner, or the owner's agent, has registered that vessel under 5 AAC 28.020 and this section to take groundfish with seine gear. The vessel's salmon seine registration becomes valid again when the prohibition described in 5 AAC 28.530(e) is not in effect or when the vessel owner, or the owner's agent, contacts a local representative of the department within the registration area in person or in writing, by mail or facsimile, and invalidates the vessel's groundfish registration.

(d) In the Chignik Area, before a person uses a vessel to operate gear in a directed fishery for black rockfish, the vessel owner, or the owner's agent, shall register the vessel with the department.

(e) The Chignik Area is a superexclusive registration area for black rockfish.

History

Authority: AS 16.05.251
Eff. 4/4/97, Register 142; am 11/27/97, Register 144; am 3/11/2001, Register 157; am 3/31/2002, Register 161; am 4/20/2012, Register 202

5 AAC 28.510 Fishing seasons for Chignik Area {#sec-5-aac-28.510 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.510}

(a) Unless otherwise specified in this chapter, groundfish may be taken only during seasons established by emergency order or under a permit issued by the commissioner.

(b) Lingcod may be taken only from July 1 through December 31.

(d) Black rockfish may be taken from January 1 through December 31, unless closed by emergency order.

History

Authority: AS 16.05.251
Eff. 7/30/89, Register 111; am 4/4/97, Register 142; am 3/31/2002, Register 161; am 5/1/2011, Register 198

5 AAC 28.530 Lawful gear for Chignik Area {#sec-5-aac-28.530 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.530}

(a) Unless otherwise specified in this chapter, groundfish may be taken with the gear specified in 5 AAC 28.050.

(b) A groundfish pot may not be attached to a line connected to another groundfish pot.

(d) Rockfish may be taken in a directed fishery for rockfish only by mechanical jigging machine and hand troll gear.

(e) A vessel registered as a salmon seine vessel under 5 AAC 39.120 may not be used to take groundfish with seine gear from June 1 through October 31 unless the vessel owner, or the owner's agent, has registered the vessel as specified in 5 AAC 28.506(c).

(f) In the Chignik Area, a mechanical jigging machine used to take groundfish may not have more than

(1) five lines; and

(2) 30 hooks per line.

History

Authority: AS 16.05.251
Eff. 4/4/97, Register 142; am 7/5/2000, Register 155; am 3/31/2002, Register 161; am 5/1/2011, Register 198; am 6/25/2023, Register 246

5 AAC 28.532 Groundfish pot storage requirements for Chignik Area {#sec-5-aac-28.532 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.532}

(a) Except as specified in (c) of this section or during a state-waters season for Pacific cod, rectangular groundfish pots with all bait and bait containers removed and with all doors secured fully open, and cone or pyramid groundfish pots with all bait and bait containers removed and all doors not secured closed may be stored in waters not more than 25 fathoms deep.

(1) groundfish pots may be stored as described in (a) of this section; or

(c) During the seven days before the opening of the state-waters season for Pacific cod in the Chignik Area, rectangular groundfish pots with all bait and bait containers removed and with all doors secured fully open, and cone or pyramid groundfish pots with all bait and bait containers removed and all doors not secured closed may be stored in waters more than 25 fathoms deep.

History

Authority: AS 16.05.251
Eff. 4/4/97, Register 142; am 7/5/2000, Register 155; am 5/1/2011, Register 198; am 4/20/2012, Register 202; am 2/28/2016, Register 217

5 AAC 28.537 Chignik Area Pacific Cod Management Plan {#sec-5-aac-28.537 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.537}

(a) The management plan in this section governs the harvest of Pacific cod in the Chignik Area.

(b) Each year the commissioner shall open and close, by emergency order, a parallel season in the Chignik Area corresponding to the federal Central Gulf of Alaska Area and the federal Western Gulf of Alaska Area, during which use of the gear allowed in the federal seasons for Pacific cod is permitted, unless that gear is prohibited under 5 AAC 28.050 or 5 AAC 28.530. A person may not operate a vessel in a parallel season for Pacific cod that is more than 58 feet in overall length.

(c) Each year the commissioner shall open and close, by emergency order, a state-waters season in the Chignik Area for mechanical jigging machine and hand troll gear and for pot gear. For purposes of this section, when a state-waters season for Pacific cod is opened to mechanical jigging machine and hand troll gear or pot gear, the parallel season for the applicable gear type is closed. During a state-waters season,

(1) mechanical jigging machine and hand troll gear is allocated 10 percent of the annual Chignik Area guideline harvest level; and

(2) pot gear is allocated 90 percent of the annual Chignik Area guideline harvest level.

(d) The seasons for mechanical jigging machine and hand troll gear are as follows:

(1) the state-waters season shall open on March 15;

(2) the state-waters season for mechanical jigging machine and hand troll gear shall close when the mechanical jigging machine and hand troll gear allocation is taken or on December 31, whichever occurs first; if the allocation is not taken by June 8, the commissioner shall close the state-waters season for mechanical jigging machine and hand troll gear on June 8 or later based on inseason assessment of effort, harvest rate, or remaining Pacific cod guideline harvest level;

(3) the parallel season that coincides with the federal Central Gulf of Alaska jig gear "B" season shall open on June 10 or later based on inseason assessment of effort, harvest rate, or remaining Pacific cod guideline harvest level;

(4) repealed 2/21/2019.

(e) The seasons for pot gear are as follows:

(1) the parallel season for pot gear shall close when the federal Central Gulf of Alaska pot gear "A" season is closed; the state-waters season shall open March 1 or seven days after the closure of the parallel season for pot gear, whichever is later;

(2) the state-waters season for pot gear shall close when the pot gear allocation is taken or on December 31, whichever occurs first;

(3) the parallel season that coincides with the federal Central Gulf of Alaska pot gear "B" season shall open 48 hours after the guideline harvest level is achieved or on October 30, whichever occurs first.

(f) If the state-waters season guideline harvest level is not taken by

(1) August 14, the commissioner may close, by emergency order, the state-waters season for pot gear and immediately reopen a state-waters season during which all legal gear may be used, and shall close, by emergency order, the season on October 30 or when the guideline harvest level is achieved, whichever occurs first; or

(2) the conclusion of the federal Central Gulf of Alaska pot gear "B" season, the commissioner may reopen a state-waters season during which all legal gear may be used, and shall close, by emergency order, the season on December 31 or when the guideline harvest level is achieved, whichever occurs first.

(g) The commissioner may open and close, by emergency order, fishing seasons at times other than those specified in this section if the commissioner determines it is necessary to

(1) adapt to unanticipated openings and closures of the federal season;

(2) maintain sustained yield management; or

(3) provide for orderly fisheries.

(h) During a state-waters season,

(1) the guideline harvest level for Pacific cod in the Chignik Area is 8.75 percent of the estimated total allowable harvest of Pacific cod for the federal Central Gulf of Alaska Area;

(2) Pacific cod may be taken only with groundfish pots, mechanical jigging machines, and hand troll gear, as follows:

(A) except as provided in (j) of this section, no more than 60 groundfish pots may be operated from a vessel registered to fish for Pacific cod;

(B) no more than five mechanical jigging machines may be operated from a vessel registered to fish for Pacific cod;

(C) in addition to the requirements of 5 AAC 28.020, a vessel must be registered to fish with pot gear or with mechanical jigging machines and hand troll gear (jig gear), and may not simultaneously be registered to fish with more than one gear type; a vessel's gear registration may be changed during a state-waters season to a different gear registration if the owner, or the owner's agent, submits a written request for a change in registration by mail, facsimile, or in person, to the department office in Kodiak, or other locations specified by the department, for validation, and that registration has been validated by the department;

(D) a vessel registered to take Pacific cod may not be longer than 58 feet in overall length;

(E) notwithstanding 5 AAC 28.532(a), during the seven days immediately following the opening of the state-waters season, an operator of a vessel registered to fish for Pacific cod may store or transport groundfish pots in excess of the pot limit established in (A) of this paragraph if the pots are

(i) stored in waters not more than 25 fathoms deep as described in 5 AAC 28.532(a); or

(ii) being transported on board the vessel and are not marked with identification tags.

(i) The Chignik Area is a superexclusive registration area for Pacific cod during a state-waters season.

(j) If at any time after the dates set forth below the commissioner determines that the guideline harvest level for Pacific cod will not be achieved by December 31, the commissioner may close, by emergency order, the fishing season and immediately reopen a state-waters season during which the following may be implemented to increase the harvest rate in an attempt to reach the guideline harvest level:

(1) after August 14, if needed, removal of the limits on the number of groundfish pots and mechanical jigging machines that may be operated from a vessel;

(2) after October 30, if needed, allow a vessel of any size to register and fish for Pacific cod in the Chignik Area.

(k) If the season is closed and immediately reopened under (f)(1) or (j) of this section, a vessel participating in the state-waters season when it was closed is not required to comply with the landing requirements of 5 AAC 28.541 until the season is closed again.

(l) If the allocation for mechanical jigging machines and hand troll gear specified in (c) of this section is harvested in any calendar year, the allocation will be increased an additional five percent of the guideline harvest level beginning the next calendar year, and the pot gear allocation will be reduced by five percent accordingly. If the increased allocation for mechanical jigging machines and hand troll gear is harvested in any calendar year thereafter, the allocation will again be increased an additional five percent beginning the next calendar year, until the allocation for mechanical jigging machines and hand troll gear reaches 25 percent of the guideline harvest level.

(m) If a state-waters and federal Pacific cod season are open concurrently for the same gear type,

(1) a vessel may not participate in a state-waters season and any other Pacific cod season at the same time;

(2) a vessel's registration for the state-waters season in the Chignik Area must be invalidated before that vessel may participate in any other Pacific cod season;

(3) registration for a state-waters season may occur only in person or by facsimile from 8:00 a.m. to 5:00 p.m. on a working day at a department office designated by the department; and

(4) all groundfish on board a vessel must be landed before that vessel may have the vessel's registration invalidated or be registered for state-waters season for Pacific cod in the Chignik Area.

(n) If a state-waters season and federal season for Pacific cod are open concurrently for a different gear type, a vessel may not participate in a state-waters season and any other Pacific cod season at the same time.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 4/4/97, Register 142; am 11/27/97, Register 144; am 5/31/98, Register 146; am 4/15/99, Register 150; am 7/21/99, Register 151; am 8/8/99, Register 151; am 3/17/2001, Register 157; am 5/31/2001, Register 158; am 1/3/2002, Register 161; am 3/31/2002, Register 161; am 3/6/2003, Register 165; am 3/13/2005, Register 173; am 5/1/2011, Register 198; am 4/20/2012, Register 202; am 2/23/2014, Register 209; am 2/28/2016, Register 217; am 2/21/2019, Register 229; am 9/19/2019, Register 231

5 AAC 28.540 Possession requirements for Chignik Area {#sec-5-aac-28.540 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.540}

Lingcod that are retained must measure 35 inches or more from the tip of the snout to the tip of the tail, or 28 inches from the front of the dorsal fin to the tip of the tail. Undersized lingcod shall be returned to the water immediately without further injury. A person may not mutilate or otherwise disfigure a lingcod in any manner that prevents determination of the minimum size.

History

Authority: AS 16.05.251
Eff. 4/4/97, Register 142

5 AAC 28.541 Landing requirements for Chignik Area {#sec-5-aac-28.541 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.541}

After 48 hours following the closure of any directed groundfish season within the Chignik Area, a vessel that participated in that fishery may not have that species of groundfish on board unless

(1) that species has been designated as bycatch for another directed fishery and the amount on board is permissible under retained bycatch restrictions specified in regulation; or

(2) the vessel has been delayed due to extraordinary circumstances beyond the control of the vessel operator, and the vessel operator has contacted a local representative of the department within 48 hours following the closure of the season and the representative has granted a reasonable amount of time for the vessel to reach the port of delivery or processing location; any amount of additional time shall be determined under the assumption that the vessel departed the fishing grounds immediately after the closure and proceeded directly to the port of delivery or processing location.

History

Authority: AS 16.05.251
Eff. 4/4/97, Register 142

5 AAC 28.545 Logbook requirements for Chignik Area {#sec-5-aac-28.545 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.545}

(a) An operator of a vessel fishing for black rockfish in the Chignik Area shall maintain an accurate logbook of all fishing operations for each type of gear used.

(b) A logbook described in (a) of this section must

(1) include the date, the specific location of harvest by latitude and longitude, the number of hooks and lines used, the average depth of each set fished, and the hours fished for each line;

(2) include, for the target species, and for each bycatch species, the number of fish

(A) retained; and

(B) discarded;

(3) be updated not later than 11:59 p.m. local time on the day after the day of operation;

(4) be retained, with its original pages, for a period of two years by the owner or operator of the vessel;

(5) be kept on board the vessel while operating gear, during transits to or from a port of landing, and for five days after delivering groundfish;

(6) be made available to a local representative of the department upon request.

(c) A copy of the page of the logbook described in (a) in this section pertaining to a landing must be attached to the fish ticket documenting the landing.

(d) A person may not make a false entry in the logbook described in (a) of this section.

History

Authority: AS 16.05.251
Eff. 3/13/2005, Register 173; am 6/26/2016, Register 218

5 AAC 28.549 Permit for miscellaneous groundfish in the Chignik Area {#sec-5-aac-28.549 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.549}

(a) Except when taken as allowable bycatch in another directed fishery, miscellaneous groundfish may be taken on an experimental basis in the Chignik Area only under the conditions of a permit issued by the commissioner necessary for conservation or management purposes. The permit may

(1) specify the depth of fishing gear;

(2) specify the fishing season and periods of fishing;

(3) specify the area of fishing;

(4) establish the allowable size of harvested fish;

(5) specify the type and configuration of gear;

(6) require the completion of logbooks provided by the department and require that the logbooks be attached to a fish ticket at the time of landing; and

(7) require other conditions that the commissioner determines are necessary for conservation or management purposes.

(b) For the purpose of this section, "miscellaneous groundfish" are those species of groundfish not specifically addressed in 5 AAC 28.500 - 5 AAC 28.545.

History

Authority: AS 16.05.251
Eff. 6/26/2016, Register 218

Article 9 South Alaska Peninsula Area (Registration Area M)

5 AAC 28.550 Description of South Alaska Peninsula Area {#sec-5-aac-28.550 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.550}

The South Alaska Peninsula Area consists of all waters of Alaska in the Pacific Ocean between a line extending from Kupreanof Point at 55° 33.98' N. lat., 159° 35.88' W. long., to a point offshore at 53° 40.46' N. lat., 156° 20.22' W. long. and 170° W. long., including those waters south of the latitude of Nichols Point (54° 51.30' N. lat.) near False Pass, and south of a line extending from Unimak Island (54° 23.74' N. lat., 164° 44.73' W. long.) to Akun Island (54° 11.71' N. lat., 165° 23.09' W. long.), and from Akun Island (54° 08.40' N. lat., 165° 38.29' W. long.) to Akutan Island (54° 07.69' N. lat., 165° 39.74' W. long.), and from Akutan Island (54° 02.69' N. lat., 166° 02.93' W. long.) to Unalaska Island (53° 58.97' N. lat., 166° 16.50' W. long.), and from Unalaska Island (53° 18.95' N. lat., 167° 51.06' W. long.) to Umnak Island (53° 23.13' N. lat., 167° 50.50' W. long.), and from Umnak Island (52° 49.24' N. lat., 169° 07.10' W. long.), to Chuginadak Island (52° 49.18' N. lat., 169° 40.47' W. long.)

History

Authority: AS 16.05.251
Eff. 4/4/97, Register 142; am 5/16/2010, Register 194; am 9/19/2019, Register 231

5 AAC 28.555 Description of South Alaska Peninsula Area districts and sections {#sec-5-aac-28.555 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.555}

The districts and sections for the sablefish and rockfish fisheries in the South Alaska Peninsula Area are described as follows:

(1) Eastern District: all waters of the South Alaska Peninsula Area east of the longitude of Scotch Cap Light at 164° 44.72' W. long., which includes the following sections:

(A) Shumagin Islands Section: all waters of the Eastern District west of a line extending from Kupreanof Point at 55° 33.98' N. lat., 159° 35.88' W. long., to a point offshore at 53° 40.46' N., 156° 20.22' W. long., and east of 161° W. long.;

(B) Pavlof Bay Section: all waters of the Eastern District west of 161° W. long. and east of the 162° W. long.;

(C) Sanak Island Section: all waters of the Eastern District west of 162° W. long. and east of the longitude of Scotch Cap Light at 164° 44.72' W. long.:

(2) Western District: all waters of the South Alaska Peninsula Area west of the longitude of Scotch Cap Light at 164° 44.72' W. long.

History

Authority: AS 16.05.251
Eff. 5/19/2001, Register 158; am 5/15/2004, Register 170; am 4/20/2012, Register 202; am 9/19/2019, Register 231

5 AAC 28.556 South Alaska Peninsula Area registration {#sec-5-aac-28.556 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.556}

(a) The South Alaska Peninsula Area is an exclusive registration area for Pacific cod during a state-waters season described in 5 AAC 28.577.

(b) A vessel that is registered for the South Alaska Peninsula Area under 5 AAC 28.020 for a groundfish fishery, other than a state-waters season for Pacific cod described in 5 AAC 28.577, a sablefish fishery described in 5 AAC 28.640, or a directed black rockfish fishery, shall also be considered registered for that fishery in the Kodiak Area described in 5 AAC 28.400, the Chignik Area described in 5 AAC 28.500, the Bering Sea-Aleutian Islands Area described in 5 AAC 28.600, and the Chukchi-Beaufort Area described in 5 AAC 28.700.

(c) A vessel's salmon seine registration is automatically invalidated during the time period described in 5 AAC 28.570(c) when the vessel owner, or the owner's agent, has registered that vessel under 5 AAC 28.020 and this section to take groundfish with seine gear. The vessel's salmon seine registration becomes valid again when the prohibition described in 5 AAC 28.570(c) is not in effect or when the vessel owner, or the owner's agent, contacts a local representative of the department within the registration area in person or in writing, by mail or facsimile, and invalidates the vessel's groundfish registration.

(d) Before a person uses a vessel to operate gear to take sablefish in the waters of the Western District, the vessel must be validly registered as described in 5 AAC 28.640.

(e) In the Eastern and Western Districts, before a person uses a vessel to operate fishing gear in a directed black rockfish fishery, the vessel's owner, or the owner's agent, shall register the vessel with the department. A vessel validly registered for the black rockfish fishery under this subsection may be registered for other groundfish fisheries in the South Alaska Peninsula Area at the same time.

(f) Before a vessel registered for the state-waters Pacific cod season in the South Alaska Peninsula Area participates in a groundfish fishery outside of state waters from 170° W. long. to the longitude of Castle Cape at 158° 20' W. long., the vessel operator must invalidate the vessel registration for the state-waters season and remove all gear from, or validly store all gear in, state waters of the South Alaska Peninsula Area.

History

Authority: AS 16.05.251
Eff. 4/4/97, Register 142; am 11/27/97, Register 144; am 5/31/2001, Register 158; am 5/15/2004, Register 170; am 5/30/2007, Register 182

5 AAC 28.560 Fishing seasons for South Alaska Peninsula Area {#sec-5-aac-28.560 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.560}

(a) Unless otherwise specified in this chapter, groundfish may be taken only during seasons established by emergency order or under a permit issued by the commissioner.

(b) In the Western District, sablefish may be taken only as described in 5 AAC 28.640.

(d) In the Eastern District, black rockfish may be taken from January 1 through December 31, unless closed by emergency order.

(e) In the Western District, black rockfish may be taken from January 1 through December 31, unless closed by emergency order.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 4/4/97, Register 142; am 5/31/2001, Register 158; am 5/16/2010, Register 194; am 6/1/2013, Register 206

5 AAC 28.570 Lawful gear for South Alaska Peninsula Area {#sec-5-aac-28.570 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.570}

(a) Unless otherwise specified in this chapter, groundfish may be taken with the gear specified in 5 AAC 28.050.

(b) Rockfish may be taken in a directed rockfish fishery only by mechanical jigging machine and hand troll gear.

(c) A vessel registered as a salmon seine vessel under 5 AAC 39.120 may not be used to take groundfish with seine gear from June 1 through October 31 unless the vessel owner, or the owner's agent, has registered the vessel as specified in 5 AAC 28.556(c).

(d) In the South Alaska Peninsula Area, a mechanical jigging machine used to take groundfish may not have more than

(1) five lines; and

(2) 30 hooks per line.

(e) Repealed 6/25/2023.

(f) Sablefish may be taken only with pots, longlines, mechanical jigging machines, and hand troll gear as described in 5 AAC 28.640.

History

Authority: AS 16.05.251
Eff. 4/4/97, Register 142; am 7/5/2000, Register 155; am 5/19/2001, Register 158; am 5/31/2001, Register 158; am 5/15/2004, Register 170; am 4/20/2012, Register 202; am 6/25/2023, Register 246

5 AAC 28.571 Groundfish pot storage requirements for South Alaska Peninsula Area {#sec-5-aac-28.571 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.571}

(1) groundfish pots may be stored as described in (a) of this section; or

(2) rectangular groundfish pots with all bait and bait containers removed and with all doors secured fully open, and cone or pyramid groundfish pots with all bait and bait containers removed and all doors not secured closed may be stored in waters more than 25 fathoms deep for seven days following the closure; however, groundfish pots may be stored longer than seven days until the season is opened, if the season opening for the Pacific cod state-waters season is delayed as described in 5 AAC 28.577( l).

(c) During the seven days before the opening of the state-waters season for Pacific cod in the South Alaska Peninsula Area, rectangular groundfish pots with all bait and bait containers removed and with all doors secured fully open, and cone or pyramid groundfish pots with all bait and bait containers removed and all doors not secured closed may be stored in waters more than 25 fathoms deep, except that pots may be stored longer than seven days if the season opening is delayed due to weather as described in 5 AAC 28.577( l).

History

Authority: AS 16.05.251
Eff. 4/4/97, Register 142; am 7/5/2000, Register 155; am 5/30/2007, Register 182; am 4/20/2012, Register 202; am 2/23/2014, Register 209; am 2/28/2016, Register 217

5 AAC 28.577 South Alaska Peninsula Area Pacific Cod Management Plan {#sec-5-aac-28.577 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.577}

(a) The management plan in this section governs the harvest of Pacific cod in the South Alaska Peninsula Area.

(b) Each year the commissioner shall open and close, by emergency order, a parallel season in the South Alaska Peninsula Area during which use of gear allowed in the federal season for Pacific cod in the Western Gulf of Alaska Area is permitted, unless that gear is prohibited under 5 AAC 28.050 or 5 AAC 28.570. A vessel participating in a parallel season for Pacific cod may not be more than 58 feet in overall length.

(c) Each year the commissioner shall open and close by emergency order, a state-waters season in the South Alaska Peninsula Area for mechanical jigging machine and hand troll gear and for pot gear. For the purposes of this section, when a state-waters season for Pacific cod is opened to mechanical jigging machine and hand troll gear or pot gear, the parallel season for the applicable gear type is closed. During a state-waters season,

(1) mechanical jigging machine and hand troll gear is allocated 15 percent of the annual South Alaska Peninsula Area guideline harvest level; and

(2) pot gear is allocated 85 percent of the annual South Alaska Peninsula Area guideline harvest level.

(d) The seasons for mechanical jigging machine and hand troll gear are as follows:

(1) the state-waters season shall open 48 hours after the closure of the federal Western Gulf of Alaska jig gear "A" season; if the federal "A" season has not closed by March 15, the commissioner may open the state-waters season based on inseason assessment of effort, harvest rate, or remaining federal Pacific cod quota;

(2) the state-waters season for mechanical jigging machine and hand troll gear shall close when the mechanical jigging machine and hand troll gear allocation is taken; if the allocation to the state-waters season for mechanical jigging machine and hand troll gear is not taken by June 8, the commissioner shall close the state-waters season for mechanical jigging machine and hand troll gear on June 8 or later based on inseason assessment of effort, harvest rate, or remaining Pacific cod guideline harvest level;

(3) the parallel season that coincides with the federal Western Gulf of Alaska jig gear "B" season shall open on June 10 or later based on inseason assessment of effort, harvest rate, or remaining Pacific cod guideline harvest level;

(4) the state-waters season shall reopen 48 hours after the closure of the federal Western Gulf of Alaska jig gear "B" season if the mechanical jigging machine and hand troll gear allocation has not been taken.

(e) The seasons for pot gear are as follows:

(1) the state-waters season shall open 12:00 noon on March 7 or seven days following the closure of the federal Western Gulf of Alaska pot gear "A" season, whichever is later;

(2) the state-waters season for pot gear shall close when the pot gear allocation is taken; if the allocation to the state-waters season for pot gear is not taken by August 28, the commissioner shall close the state-waters season for pot gear on August 28;

(3) the parallel season that coincides with the federal Western Gulf of Alaska pot gear "B" season shall open on September 1.

(f) If the state-waters season guideline harvest level is not taken by the conclusion of the federal Western Gulf of Alaska pot gear "B" season, the commissioner may reopen a state-waters season during which all legal gear may be used, and shall close, by emergency order, the season on December 31 or when the guideline harvest level is achieved, whichever occurs first.

(g) The commissioner may open and close, by emergency order, fishing seasons at times other than those specified in this section if the commissioner determines it is necessary to

(1) adapt to unanticipated openings and closures of the federal season;

(2) maintain sustained yield management; or

(3) provide for orderly fisheries.

(h) During a state-waters season,

(1) beginning in 2026, the guideline harvest level for Pacific cod in the South Alaska Peninsula Area is 35 percent of the estimated total allowable harvest of Pacific cod for the federal Western Gulf of Alaska Area until January 1, 2029, when the guideline harvest level for Pacific cod in the South Alaska Peninsula Area is 32.5 percent of the estimated total allowable harvest of Pacific cod for the federal Western Gulf of Alaska Area;

(2) Pacific cod may be taken only with groundfish pots, mechanical jigging machines, and hand troll gear, as follows:

(A) except as provided in (j) of this section, no more than 60 groundfish pots may be operated from a vessel registered to fish for Pacific cod;

(B) no more than five mechanical jigging machines may be operated from a vessel registered to fish for Pacific cod;

(C) in addition to the requirements of 5 AAC 28.020, a vessel must be registered to fish with pot gear or with mechanical jigging machines and hand troll gear (jig gear), and may not simultaneously be registered to fish with more than one gear type; a vessel's gear registration may be changed during a state-waters season to a different gear registration if the owner, or the owner's agent, submits a written request for a change in registration by mail, facsimile, or in person, to the department office in Kodiak, or other locations specified by the department for validation, and that registration has been validated by the department;

(D) a vessel registered to take Pacific cod may not be longer than 58 feet in overall length;

(E) notwithstanding 5 AAC 28.571(a), during the seven days immediately following the opening of the state-waters season, an operator of a vessel registered to fish for Pacific cod may store or transport groundfish pots in excess of the pot limit established in (A) of this paragraph if the pots are

(i) stored in waters not more than 25 fathoms deep as described in 5 AAC 28.571(a); or

(ii) being transported on board the vessel and are not marked with identification tags.

(i) The South Alaska Peninsula Area is an exclusive registration area for Pacific cod during a state-waters season.

(j) If at any time after October 30 the commissioner determines that the guideline harvest level for Pacific cod will not be achieved by December 31, the commissioner may close, by emergency order, the fishing season and immediately reopen a state-waters season during which the following shall be implemented to increase the harvest rate in an attempt to reach the guideline harvest level:

(1) removal of the limits on the number of groundfish pots and mechanical jigging machines that may be operated from a vessel;

(2) if needed, designation of the South Alaska Peninsula Area as a nonexclusive registration area for Pacific cod;

(3) if needed, allow a vessel of any size to register and fish for Pacific cod in the South Alaska Peninsula Area.

(l) The opening of the state-waters season for vessels using pot gear will be delayed for 24 hours if the National Weather Service marine forecast issued at 4:00 a.m. on the scheduled opening date specified in (e)(1) of this section contains a gale warning. If, after the initial weather delay, the following day's 4:00 a.m. National Weather Service marine forecast contains a gale warning, the opening of the state-waters season will be delayed an additional 24 hours. The season opening delays may continue on a rolling 24-hour basis for not more than seven days beyond the initial opening date. The season will open not later than seven days after the scheduled opening date as specified in (e)(1) of this section regardless of any gale warning forecast. For the purposes of this subsection, the corresponding National Weather Service marine forecast zones for the South Alaska Peninsula Area are PKZ752 and PKZ754.

(m) In the state-waters season, a vessel owner or operator using pot gear must report, as specified in the registration form, to the local representative of the department by radio or telephone

(1) the number of pot lifts conducted from the vessel in the previous 24-hour reporting period;

(2) the pounds of Pacific cod retained on the vessel during the previous 24-hour period; and

(3) any other information that the commissioner determines is necessary for the management and conservation of the fishery.

(n) If a state-waters and federal Pacific cod season are open concurrently for the same gear type,

(1) a vessel may not participate in a state-waters season and any other Pacific cod season at the same time;

(2) a vessel's registration for the state-waters season in the South Alaska Peninsula Area must be invalidated before that vessel may participate in any other Pacific cod season;

(3) registration for a state-waters season may occur only in person or by facsimile from 8:00 a.m. to 5:00 p.m. on a working day at a department office designated by the department; and

(4) all groundfish on board a vessel must be landed before that vessel may have the vessel's registration invalidated or be registered for a state-waters season for Pacific cod in the South Alaska Peninsula Area.

(o) If a state-waters season and federal season for Pacific cod are open concurrently for a different gear type, a vessel may not participate in a state-waters season and any other Pacific cod season at the same time.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 4/4/97, Register 142; am 11/27/97, Register 144; am 5/31/98, Register 146; am 7/21/99, Register 151; am 5/31/2001, Register 158; am 5/15/2004, Register 170; am 5/30/2007, Register 182; am 5/16/2010, Register 194; am 4/20/2012, Register 202; am 2/23/2014, Register 209; am 2/28/2016, Register 217; am 2/21/2019, Register 229; am 3/26/2023, Register 245; am 11/10/2024, Register 252; am 2/1/2026, Register 257

5 AAC 28.581 Landing requirements for South Alaska Peninsula Area {#sec-5-aac-28.581 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.581}

(a) After 48 hours following the closure of any directed groundfish season within the South Alaska Peninsula Area, a vessel that participated in that fishery may not have that species of groundfish on board unless

(1) that species has been designated as bycatch for another directed fishery and the amount on board is permissible under retained bycatch restrictions specified in regulation; or

(2) the vessel has been delayed due to extraordinary circumstances beyond the control of the vessel operator, and the vessel operator has contacted a local representative of the department within 48 hours following the closure of the season and the representative has granted a reasonable amount of time for the vessel to reach the port of delivery or processing location; any amount of additional time shall be determined under the assumption that the vessel departed the fishing grounds immediately after the closure and proceeded directly to the port of delivery or processing location.

(b) The landing requirements for sablefish in the Western District are specified in 5 AAC 28.640.

History

Authority: AS 16.05.251
Eff. 4/4/97, Register 142; am 5/31/2001, Register 158

5 AAC 28.585 Logbook requirements for South Alaska Peninsula Area {#sec-5-aac-28.585 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.585}

(a) An operator of a vessel fishing for black rockfish in the South Alaska Peninsula Area shall maintain an accurate logbook of all fishing operations for each type of gear used.

(b) A logbook described in (a) of this section must

(1) include the date, the specific location of harvest by latitude and longitude, the number of hooks and lines used, the average depth of each set fished, and the hours fished for each line;

(2) include, for the target species, and for each bycatch species, the number of fish

(A) retained; and

(B) discarded;

(3) be updated not later than 11:59 p.m. local time on the day after the day of operation;

(4) be retained, with its original pages, for a period of two years by the owner or operator of the vessel;

(5) be kept on board the vessel while operating gear, during transits to or from a port of landing, and for five days after delivering groundfish;

(6) be made available to a local representative of the department upon request.

(c) A copy of the page of the logbook described in (a) in this section pertaining to a landing must be attached to the fish ticket documenting the landing.

(d) A person may not make a false entry in the logbook described in (a) of this section.

History

Authority: AS 16.05.251
Eff. 5/15/2004, Register 170; am 6/26/2016, Register 218

5 AAC 28.589 Permit for miscellaneous groundfish in the South Alaska Peninsula Area {#sec-5-aac-28.589 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.589}

(a) Except when taken as allowable bycatch in another directed fishery, miscellaneous groundfish may be taken on an experimental basis in the South Alaska Peninsula Area only under the conditions of a permit issued by the commissioner necessary for conservation or management purposes. The permit may

(1) specify the depth of fishing gear;

(2) specify the fishing season and periods of fishing;

(3) specify the area of fishing;

(4) establish the allowable size of harvested fish;

(5) specify the type and configuration of gear;

(6) require the completion of logbooks provided by the department and require that the logbooks be attached to a fish ticket at the time of landing; and

(7) require other conditions that the commissioner determines are necessary for conservation or management purposes.

(b) For the purpose of this section, "miscellaneous groundfish" are those species of groundfish not specifically addressed in 5 AAC 28.550 - 5 AAC 28.585.

History

Authority: AS 16.05.251
Eff. 6/26/2016, Register 218

Article 10 Bering Sea — Aleutian Islands Area (Registration Area O)

5 AAC 28.600 Description of Bering Sea-Aleutian Islands Area {#sec-5-aac-28.600 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.600}

The Bering Sea-Aleutian Islands Area consists of all territorial waters of Alaska in the Bering Sea, and in that portion of the North Pacific Ocean adjacent to the Aleutian Islands and west of 170° W. long., including those waters north of the latitude of Nichols Point (54° 51.30' N. lat.) near False Pass, and north of a line extending from Unimak Island (54° 23.74' N. lat., 164° 44.73' W. long.) to Akun Island (54° 11.71' N. lat., 165° 23.09' W. long.), and from Akun Island (54° 08.40' N. lat., 165° 38.29' W. long.) to Akutan Island (54° 07.69' N. lat., 165° 39.74' W. long.), and from Akutan Island (54° 02.69' N. lat., 166° 02.93' W. long.) to Unalaska Island (53° 58.97' N. lat., 166° 16.50' W. long.), and from Unalaska Island (53° 18.95' N. lat., 167° 51.06' W. long.) to Umnak Island (53° 23.13' N. lat., 167° 50.50' W. long.), and from Umnak Island (52° 49.24' N. lat., 169° 07.10' W. long.), to Chuginadak Island (52° 49.18' N. lat., 169° 40.47' W. long.).

History

Authority: AS 16.05.251
Eff. 7/30/89, Register 111; am 4/4/97, Register 142; am 5/16/2010, Register 194

5 AAC 28.605 Description of Bering Sea-Aleutian Islands Area districts {#sec-5-aac-28.605 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.605}

(a) Aleutian Islands District: all waters of Alaska in the Bering Sea-Aleutian Islands Area south of the latitude of Cape Sarichef (54° 36' N. lat.).

(b) Bering Sea District: all waters of Alaska in the Bering Sea-Aleutian Islands Area north of the latitude of Cape Sarichef (54° 36' N. lat.).

History

Authority: AS 16.05.251
Eff. 7/30/89, Register 111; am 4/4/97, Register 142; am 5/31/2001, Register 158

5 AAC 28.606 Bering Sea-Aleutian Islands Area registration {#sec-5-aac-28.606 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.606}

(a) Repealed 1/18/2020.

(b) A vessel that is registered for the Bering Sea-Aleutian Islands Area under 5 AAC 28.020 for a groundfish fishery, other than a state-waters season for Pacific cod described in 5 AAC 28.647 or a sablefish fishery described in 5 AAC 28.640, also shall be considered registered for that fishery in the Kodiak Area described in 5 AAC 28.400, the Chignik Area described in 5 AAC 28.500, the South Alaska Peninsula Area described in 5 AAC 28.550, and the Chukchi-Beaufort Area described in 5 AAC 28.700.

(c) Before a person uses a vessel to operate gear to take deacon and black rockfish in the Bering Sea-Aleutian Islands Area, the vessel owner, the owner's authorized agent, or the vessel operator shall validly register the vessel with the department office in Dutch Harbor.

(d) Before a person uses a vessel to operate gear to take sablefish in the Aleutian Islands District, the vessel must be validly registered as described in 5 AAC 28.640.

History

Authority: AS 16.05.251
Eff. 4/4/97, Register 142; am 5/19/2001, Register 158; am 5/31/2001, Register 158; am 4/20/2012, Register 202; am 2/23/2014, Register 209; am 8/27/2016, Register 219; am 1/18/2020, Register 233

5 AAC 28.610 Fishing seasons for Bering Sea-Aleutian Islands Area {#sec-5-aac-28.610 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.610}

(a) Unless otherwise specified in this chapter, groundfish may be taken only during seasons established by emergency order or under a permit issued by the commissioner.

(b) In the Aleutian Islands District, sablefish may be taken only as described in 5 AAC 28.640.

(d) In the Aleutian Islands District, black rockfish may be taken from January 1 through December 31, unless closed by emergency order.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 7/30/89, Register 111; am 4/4/97, Register 142; am 5/31/2001, Register 158; am 5/16/2010, Register 194; am 6/1/2013, Register 206

5 AAC 28.629 Lawful gear for Bering Sea-Aleutian Islands Area {#sec-5-aac-28.629 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.629}

(a) Unless otherwise specified in this section, groundfish may be taken with the gear specified in 5 AAC 28.050.

(b) Rockfish may not be taken with seine gear.

(d) In the Sitkin Sound waters described in 5 AAC 28.690(a), rockfish may be taken only with pot, longline, mechanical jigging machine, and hand troll gear.

(e) Repealed 6/1/2013.

(f) Notwithstanding (d) of this section, in the Bering Sea-Aleutian Islands Area, deacon and black rockfish may be taken in a directed fishery only with mechanical jigging machines and handlines.

(g) Sablefish may be taken only with pots, longlines, mechanical jigging machines, and hand troll gear as described in 5 AAC 28.640.

(h) At least one buoy on each groundfish pot must be legibly marked with the permanent ADF&G vessel license plate number of the vessel operating the gear. The buoy may bear only the number of the vessel operating the gear. The number must be placed on the top one-half of the buoy in numerals at least four inches high, one-half inch wide, and in a color that contrasts with the color of each buoy. The buoy markings must be visible on the buoy above the water's surface when the buoy is attached to the groundfish pot.

(i) A groundfish pot may not be attached to a line connected to another groundfish pot, except that, in the Aleutian Islands-Western District sablefish fishery, groundfish pots may be connected if each end of the buoy line is marked as specified in (j) of this section.

(j) Each end of a groundfish pot longline must have a buoy attached and each buoy must be marked with the permanent ADF&G vessel license plate number of the vessel operating the longlined groundfish pot gear; each buoy must have the letters LP to designate the gear as longlined groundfish pot gear and each buoy may bear only the number of the vessel operating the gear. The numbers and letters must be marked on the top one-half of each buoy in numbers and letters that are at least four inches high, one-half inch wide, and in a color that contrasts with the color of each buoy; all buoy markings must be visible on the buoys above the water's surface when the buoys are attached to the longlined groundfish pot gear. For the purposes of this section, "longlined" means more than one groundfish pot is attached to a stationary, buoyed, and anchored line.

History

Authority: AS 16.05.251
Eff. 4/4/97, Register 142; am 7/5/2000, Register 155; am 5/19/2001, Register 158; am 5/31/2001, Register 158; am 1/16/2005, Register 173; am 2/13/2005, Register 173; am 10/16/2011, Register 200; am 6/1/2013, Register 206; am 8/27/2016, Register 219; am 3/26/2023, Register 245

5 AAC 28.630 Gear {#sec-5-aac-28.630 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.630}

Repealed 4/7/93.

5 AAC 28.632 Groundfish pot storage requirements for Bering Sea-Aleutian Islands Area {#sec-5-aac-28.632 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.632}

(b) Following the closure of a parallel season or state-waters season for groundfish, all groundfish pot gear used by a vessel registered to fish for groundfish must be removed from the water, except that

(1) rectangular and cone or pyramid groundfish pots may be stored as described in (a) of this section; or

History

Authority: AS 16.05.251
Eff. 4/4/97, Register 142; am 5/16/2010, Register 194; am 4/20/2012, Register 202

5 AAC 28.640 Aleutian Islands District and Western District of the South Alaska Peninsula Area Sablefish Management Plan {#sec-5-aac-28.640 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.640}

(a) The management plan under this section governs the harvest of sablefish in the Aleutian Islands District and the Western District of the South Alaska Peninsula Area described in 5 AAC 28.555.

(b) The commercial fishing season for sablefish in state waters will open and close concurrently with the federal IFQ season for directed fishing for sablefish in the adjacent federal waters, unless closed by emergency order. During a state-waters season, the combined guideline harvest level for sablefish in the Aleutian Islands District and the Western District of the South Alaska Peninsula is five percent of the federal acceptable biological catch for sablefish in the combined federal Bering Sea and Aleutian Islands Subareas.

(c) Sablefish may be taken only with pots, longlines, mechanical jigging machines, and hand troll gear. Pot gear may be longlined in the Aleutian Islands and Western Districts.

(d) Before a person uses a vessel to operate gear to take sablefish in the waters of the Aleutian Islands District or the Western District, the vessel owner, the owner's authorized agent, or the vessel operator shall validly register the vessel with the department office in Dutch Harbor. A vessel that is registered under this subsection shall be considered registered in the Aleutian Islands District and the Western District.

(e) Notwithstanding 5 AAC 28.020(f), before departing from the Aleutian Islands District and the Western District, the operator of a vessel fishing for sablefish must notify a local representative of the department to report the amount, by weight, of sablefish on board the vessel and the location that the sablefish will be landed.

(f) Each processor of sablefish shall report the amount, by weight, of sablefish received and processed to the department's Dutch Harbor office each week or as otherwise directed by the department.

(g) An operator of a vessel fishing for sablefish in the Aleutian Islands District and the Western District of the South Alaska Peninsula Area shall maintain an accurate logbook of all fishing operations for each type of gear used. The following requirements apply to a logbook under this subsection:

(1) a logbook must

(A) include the date, specific locations of harvest by latitude and longitude, type and number of gear, average depth, and hours fished for each set of gear;

(B) include the round weight of sablefish retained and discarded;

(D) be retained, with its original pages, for a period of two years by the owner or operator of the vessel;

(E) be kept on board the vessel while operating gear, during transits to or from a port of landing, and for 14 days after landing sablefish;

(F) be made available to a local representative of the department upon request;

(2) a copy of each logbook page described in this subsection corresponding with an ADF&G fish ticket must be submitted to the department within seven days of the landing;

(3) a person may not make a false entry in the logbook described in this section.

(h) After 72 hours following the closure of a directed sablefish season within the Aleutian Islands District and the Western District of the South Alaska Peninsula Area, a vessel that participated in the sablefish fishery may not have sablefish that was taken in state waters on board the vessel, unless the vessel has been delayed due to extraordinary circumstances beyond the control of the vessel operator, and the vessel operator has contacted a local representative of the department within 72 hours following the closure of the season and the representative of the department has granted a reasonable amount of time for the vessel to reach the port of delivery or a processing location. Any additional time shall be determined based on the assumption that the vessel departed the fishing grounds immediately after the fishery closure and proceeded directly to the port of delivery or processing location.

(i) All waters within three nautical miles of the Steller sea lion site on Kanaga Island/Ship Rock at 51° 46.70' N. lat., 177° 20.72' W. long. are closed to the taking of sablefish.

(j) In this section, "acceptable biological catch" means the annual acceptable biological catch (ABC) established by the North Pacific Fishery Management Council for Bering Sea and Aleutian Islands sablefish, including the harvest of sablefish in a state-waters season under the management plan as described in this section.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 5/31/2001, Register 158; am 5/15/2004, Register 170; am 5/16/2010, Register 194; am 5/1/2011, Register 198; am 6/1/2013, Register 206; am 6/5/2016, Register 218; am 5/31/2019, Register 230; am 3/26/2023, Register 245

5 AAC 28.645 Aleutian Islands District Walleye Pollock Management Plan {#sec-5-aac-28.645 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.645}

Repealed.

History

Eff. 2/9/2007, Register 181; repealed 3/15/2008, Register 185

5 AAC 28.647 Aleutian Islands Subdistrict Pacific Cod Management Plan {#sec-5-aac-28.647 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.647}

5 AAC 28.647 took effect on February 27, 2006 as an emergency regulation, and was first published in Register 177 (April 2006). In reviewing the "permanent" regulation in accordance with AS 44.62.060 and 44.62.125(b), the regulations attorney made technical changes to 5 AAC 28.647. The technical changes appeared in the "permanent" regulation as published in Register 178 (July 2006). The history note for 5 AAC 28.647 does not reflect the changes made by the regulations attorney.

(a) This management plan governs the harvest of Pacific cod in the Aleutian Islands Subdistrict, including the Adak Section. For the purposes of this section, the

(1) Aleutian Islands Subdistrict is comprised of the state waters in the Aleutian Islands District west of 170° W. long.; and

(2) Adak Section is comprised of the state waters of the Aleutian Islands Subdistrict between 175° W. long. and 178° W. long.

(b) Each year, the commissioner shall open and close, by emergency order, a parallel season in the Aleutian Islands Subdistrict, except the Adak Section, to coincide with the initial federal season in the Bering Sea and Aleutian Islands Area. The commissioner shall open and close, by emergency order, the parallel season during which the use of the same gear allowed in the federal Bering Sea and Aleutian Islands Area Pacific cod season is permitted, unless that gear is prohibited under 5 AAC 28.050.

(c) The commissioner shall open and close, by emergency order, a state-waters season in the Aleutian Islands Subdistrict as follows:

(1) the Adak Section shall open January 1;

(2) all waters of the Aleutian Islands Subdistrict shall open or close as follows:

(A) the fishing season for nonpelagic trawl gear, pot gear, longline gear, hand troll gear, and mechanical jigging machines shall open February 1 at noon Alaska Time or four days after the Bering Sea and Aleutian Islands parallel "A" season for the catcher-vessel greater than or equal to 60 feet in overall length pot gear fishery is closed, whichever occurs first;

(B) the fishing season for vessels over 60 feet in overall length using pot gear shall close when 25 percent of the guideline harvest level has been taken by those vessels or December 31, whichever occurs first; the restrictions under this paragraph do not applv to a season reopened under (k) of this section;

(C) except as otherwise specified in this chapter, when a state-waters season is open, the parallel season for the applicable gear type and vessel length is closed.

(3) the state-waters season shall close when the guideline harvest level is taken or on December 31, whichever occurs first; except as otherwise specified in this chapter; all parallel Pacific cod seasons are closed during the state-waters season;

(d) During a state-waters season,

(1) the 2019 guideline harvest level for Pacific cod in the Aleutian Islands Subdistrict is 31 percent of the estimated total allowable harvest of Pacific cod for the federal Aleutian Islands Subarea;

(A) if the guideline harvest level established under this paragraph is achieved in a calendar year, the guideline harvest level will increase by 4 percent of the estimated total allowable harvest of Pacific cod for the federal Aleutian Islands Subarea beginning the next calendar year, but may not exceed 39 percent of the estimated total allowable harvest or 15 million pounds;

(B) if the guideline harvest level established under this paragraph is not achieved during two consecutive calendar years, the guideline harvest level will be reduced by 4 percent of the estimated total allowable harvest of Pacific cod for the federal Aleutian Islands Subarea beginning the next calendar year, but may not be reduced below 15 percent of the estimated total allowable harvest;

(C) a guideline harvest level is considered to have been achieved under this subsection if, by November 15, 90 percent of that guideline harvest level is projected to be harvested by the end of that calendar year;

(2) Pacific cod may be taken only with groundfish pots, mechanical jigging machines, longline, nonpelagic trawl, and hand troll gear;

(3) a vessel used to harvest Pacific cod in the Aleutian Islands Subdistrict with

(A) longline gear, may not be more than 58 feet in overall length;

(B) nonpelagic trawl gear or mechanical jigging machines may not be more than 60 feet in overall length;

(4) a vessel operator may be concurrently registered to harvest Pacific cod with mechanical jigging machines and longline gear, but may not be concurrently registered to harvest Pacific cod with any other gear types;

(5) a vessel's gear registration may be changed during a state-waters season to a different gear registration if the owner, or owner's agent, submits a written request for a change in registration by mail, facsimile, or in person, to the department office in Dutch Harbor, or other locations specified by the department for validation, and that registration has been validated by the department; a vessel may not fish outside of the designated registration area; a vessel may not change registration while unprocessed fish are on board the vessel;

(6) a vessel may harvest up to 150,000 round pounds of Pacific cod per day and may not have more than 150,000 round pounds of unprocessed Pacific cod on board the vessel at any time; a vessel may not have on board the vessel more processed fish than the round weight equivalent of the fish reported on ADF&G fish tickets;

(7) all Pacific cod taken must be retained; any overage of a limit specified in (6) of this subsection must be immediately reported to the department by the vessel operator; all proceeds from the sale of Pacific cod in excess of a limit specified in (6) of this subsection shall be immediately surrendered to the state;

(8) once an offload begins, a vessel may not operate groundfish gear until all Pacific cod onboard the vessel is delivered; partial deliveries may occur as specified in 5 AAC 28.070, however, vessels may not operate groundfish gear in between partial deliveries including partial deliveries to shorebased processors, floating processors, tenders, transporters, or motherships;

(9) during the state-waters season, an owner or operator of a validly registered vessel must report, as specified by the department

(A) the amount of gear operated by the vessel during the designated period;

(B) the number of round pounds of Pacific cod retained during the designated period; and

(C) any other information that the commissioner determines is necessary for the management and conservation of the fishery.

(e) The commissioner may open and close, by emergency order, fishing seasons at times other than those specified in this section if the commissioner determines it is necessary to

(1) adapt to unanticipated openings and closures of federal seasons;

(2) provide for maximum fishing opportunity;

(3) maintain sustained yield management; or

(4) provide for orderly fisheries.

(f) The Aleutian Islands Subdistrict is an exclusive registration area for Pacific cod during a state-waters season.

(g) The commissioner may, by emergency order, impose bycatch limitations and retention requirements based on conservation of the resource, to avoid waste of a bycatch species, to prevent overharvest of bycatch species, or to facilitate consistency of state and federal regulations for a species.

(h) The following closures apply during a state-waters season:

(1) Seguam foraging area for Steller sea lions as specified in 50 C.F.R. 679.22(a)(8)(i), updated March 9, 2012, as defined in 68 Federal Register 204, January 2, 2003;

(2) groundfish closures within three nautical miles of Steller sea lion sites of the Aleutian Islands District west of 170° W. long. as specified in 50 C.F.R. 679.22(a)(8)(iii), updated March 9, 2012, found in Table 12 of 50 C.F.R. 679, as defined in 75 Federal Register 81921 - 81941, December 29, 2010;

(3) all Steller sea lion protection measures for Pacific cod found in Table 5 of 50 C.F.R. 679, as defined in 79 Federal Register 70286 - 70338, November 25, 2014, except that the 10 nautical mile closure around the Steller sea lion site at Kanaga Island/Ship Rock at 51° 46.70' N. lat., 177° 20.72' W. long. shall be closed to the taking of Pacific cod only within three nautical miles;

(4) all habitat closures specified in 5 AAC 39.167 that are located in the Aleutian Islands District west of 170° W. long.

(i) If a state-waters season and federal season for Pacific cod are open concurrently for the same gear type,

(1) a vessel may not participate in a state-waters season and any other Pacific cod season at the same time;

(2) before entering or exiting a state-waters fishery, a vessel operator must

(A) check in and check out by contacting a local representative of the department in person, or by telephone, facsimile transmission, electronic mail, or radio; and

(B) deliver all unprocessed Pacific cod on board the vessel;

(3) the commissioner may close, by emergency order, the state-waters season and immediately reopen a state-waters season during which there are modified landing requirements and check-in and check-out requirements based on effort, harvest rate, or remaining quota.

(j) The board intends that a vessel operator generally harvest less than the vessel's allowable harvest limit, possess less than the vessel's allowable possession limit, and limit the vessel's fishing activities if there is a possibility of exceeding those limits. A vessel operator of a vessel harvesting more than an allowable harvest limit or that is in possession of more than the allowable possession limit is considered to have engaged in improper operation of gear. Nothing in this section is intended to preclude or discourage additional enforcement action under AS 16.05.722, AS 16.05.723, or any other applicable law for any violation of this section.

(k) If at any time after March 15, the commissioner determines that the guideline harvest level for Pacific cod will not be achieved by December 31, the commissioner may close the fishing season by emergency order and immediately reopen a state-waters season during which the following may be implemented to increase the harvest rate in an attempt to reach the guideline harvest level:

(1) removal of the 150,000 round pound daily harvest limit;

(2) designation as a nonexclusive registration area;

(3) removal of the 25 percent harvest limit for pot gear vessels greater than 60 feet in overall length;

(4) allowance for nonpelagic trawl gear up to 100 feet in overall length;

(5) allowance for pot gear vessels up to 125 feet in overall length;

(6) if the season is closed and immediately reopened under this subsection, a vessel participating in the state-waters season when it was closed will not be required to comply with landing requirements until the season is closed again.

(l) At the closure of the state-waters season, all fishing gear must be removed from the water, except that pot gear may be stored in the water with all bait and bait containers removed and doors secured fully open. Pot gear stored in the water after closure of the state-waters season may not be retrieved until all Pacific cod onboard the vessel is delivered.

(m) For the purposes of this section,

(1) "day" means the 24-hour period of time between 12:00 midnight and 11:59 p.m. of the same calendar day;

(2) "harvest" means the total weight of fish or number of shellfish removed from the water by commercial fishing operations.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 2/27/2006, Register 177; am 5/10/2006, Register 178; am 12/24/2006, Register 180; am 4/24/2009, Register 190; am 5/16/2010, Register 194; am 5/1/2011, Register 198; am 6/17/2011, Register 198; am 6/25/2011, Register 198; am 10/16/2011, Register 200; am 4/20/2012, Register 202; am 2/23/2014, Register 209; am 2/28/2016, Register 217; am 2/21/2019, Register 229; am 1/18/2020, Register 233; am 2/28/2020, Register 233; am 3/26/2023, Register 245; am 7/28/2023, Register 247

5 AAC 28.648 Dutch Harbor Subdistrict Pacific Cod Management Plan. (a) This management plan governs the harvest of Pacific cod in the Dutch Harbor Subdistrict. For the purposes of this section, the Dutch Harbor Subdistrict is comprised of the state waters in the Aleutian Islands District east of 170° W. long., and the state waters of the Bering Sea District that are west of 162° 30.00' W. long., east of 170° W. long., and south of 55° 30.00' N. lat., except that the waters of the Dutch Harbor Subdistrict south of 53° 06.11' N. lat. are closed to taking Pacific cod during a state-waters season. (b) Each year the commissioner shall open and close, by emergency order, a parallel season in the Dutch Harbor Subdistrict during which the use of gear allowed in the federal season for Pacific cod in the Bering Sea and Aleutian Islands Area is permitted, unless that gear is prohibited under 5 AAC 28.050 or 5 AAC 28.629. (c) Each year the commissioner shall open and close by emergency order, a state-waters season in the Dutch Harbor Subdistrict for pot gear and mechanical jigging machines. For the purposes of this section, when a state-waters season for Pacific cod for pot gear or mechanical jigging machines is open, the parallel season for the applicable gear type is closed for vessels that are 58 feet or less in overall length. The commissioner shall close the state-waters season by emergency order when the guideline harvest level is achieved or December 31, whichever occurs first. (d) The state-waters season shall open as follows: (1) for pot gear, at 12:00 noon seven days following the closure of the initial season for the federal Bering Sea and Aleutian Islands hook-and-line and pot catcher vessel less than 60 feet in overall length sector; (2) for mechanical jigging machines, on May l. (e) During a state-waters season, (1) the guideline harvest level for Pacific cod in the Dutch Harbor Subdistrict is: (A) for pot gear in 2023, 12 percent of the estimated total allowable harvest of Pacific cod for the federal Bering Sea Subarea; if the guideline harvest level established under this subparagraph is achieved during two consecutive calendar years, the guideline harvest level will increase by one percent of the estimated total allowable harvest beginning the subsequent calendar year, a guideline harvest level established under this subparagraph (i) may not exceed 15 percent of the estimated total allowable harvest of Pacific cod for the federal Bering Sea Subarea; (ii) if not achieved during two consecutive calendar years will be reduced by one percent of the estimated total allowable harvest of Pacific cod for the federal Bering Sea Subarea beginning the subsequent calendar year, but may not be reduced below 10 percent of the estimated total allowable harvest; and (iii) is considered to have been achieved if, by November 15, 90 percent of that guideline harvest level is projected to be harvested by the end of that calendar year; and (B) for mechanical jigging machines, 100,000 pounds of the estimated total allowable harvest of Pacific cod for the federal Bering Sea Subarea; (2) Pacific cod may be taken only with groundfish pots and mechanical jigging machines as follows: (A) except as provided in (h) of this section, no more than (i) 60 groundfish pots may be operated from a vessel registered to fish for Pacific cod; (ii) 5 mechanical jigging machines may be operated from a vessel registered to fish for Pacific cod; (B) in addition to the requirements of 5 AAC 28.020, a vessel must be registered to fish; (C) a vessel registered to take Pacific cod may not be longer than 58 feet in overall length; (D) during the seven days immediately following the opening of the state-waters season, an operator of a vessel registered to fish for Pacific cod may store or transport groundfish pots in excess of the pot limit established in (A) of this paragraph if the pots are (i) stored in waters not more than 25 fathoms deep as specified in 5 AAC 28.632; or (ii) are being transported on board the vessel and are not marked with identification tags. (f) The commissioner may open and close, by emergency order, fishing seasons at times other than those specified in this section if the commissioner determines it is necessary to (1) adapt to unanticipated openings and closures of the federal season; (2) maintain sustained yield management; or (3) provide for orderly fisheries. (g) The Dutch Harbor Subdistrict is (1) an exclusive registration area for a vessel validly registered to take Pacific cod with pot gear; and (2) a nonexclusive registration area for a vessel validly registered to take Pacific cod with mechanical jigging machines. (h) If at any time after October 1 the commissioner determines that the guideline harvest level for Pacific cod will not be achieved by December 31, the commissioner may close, by emergency order, the fishing season and immediately reopen a state-waters season during which the following shall be implemented to increase the harvest rate in an attempt to reach the guideline harvest level: (1) removal of the limits on the number of pots and mechanical jigging machines that may be operated from a vessel; (2) if needed, designation of the Dutch Harbor Subdistrict as a nonexclusive registration area for Pacific cod; (3) if needed, allow a vessel of any size to register and fish for Pacific cod in the Dutch Harbor Subdistrict; (4) if the season is closed and immediately reopened under this subsection, a vessel participating in the state-waters season when it was closed will not be required to comply with landing requirements until the season is closed again. (i) If the season is closed and immediately reopened under (f) of this section, a vessel operator participating in the state-waters season when it was closed may not have Pacific cod on board the vessel after 48 hours after the closure, unless the vessel has been delayed due to extraordinary circumstances beyond the control of the vessel operator, and the vessel operator has contacted a local representative of the department not later than 48 hours following the closure of the season and the representative has granted a reasonable amount of time for the vessel to reach the port of delivery or processing location. Any amount of additional time shall be determined under the assumption that the vessel departed the fishing grounds immediately after the closure and proceeded directly to the port of delivery or processing location. (j) In the state-waters season, a vessel owner or operator using pot gear must report, as specified in the registration form, to the local representative of the department by telephone, electronic mail, or radio (1) the number of pot lifts from the vessel in the previous 24-hour reporting period; (2) the number of pounds of Pacific cod retained on the vessel during the previous 24-hour period; and (3) any other information that the commissioner determines is necessary for the management and conservation of the fishery. (k) If a state-waters season and federal season for Pacific cod are open concurrently for a different gear type, (1) a vessel may not participate in a state-waters season and any other Pacific cod season at the same time; (2) a vessel's registration for the state-waters season in the Dutch Harbor Subdistrict must be invalidated before that vessel may participate in any other Pacific cod season; (3) registration for a state-waters season may occur only in person, or by facsimile transmission or electronic mail, from 8:00 a.m. to 5:00 p.m. on a working day at a department office designated by the department; and (4) all groundfish on board a vessel must be landed before that vessel may have the vessel's registration invalidated or be registered for a state-waters season for Pacific cod outside the Dutch Harbor Subdistrict. (l) The federal fishery management measures for the protection of Steller sea lions are imposed as specified for the Bering Sea Area in Table 5 to 50 C.F.R. 679, as defined in 79 Federal Register 70286 - 70338, November 25, 2014, and as specified in Table 12 to 50 C.F.R., Part 679, as defined in 75 Federal Register 81921 - 81941, December 29, 2010, except that the following Steller sea lion haulouts listed in Table 5 are closed to the taking of Pacific cod within three nautical miles: (1) Umnak Island/Cape Aslik at 53° 25.00' N. lat., 168° 24.50' W. long.; (2) Uliaga at 53° 04.00' N. lat., 169° 47.00' W. long. to 53° 05.00' N. lat., 169° 46.00' W. long.; (3) Kagamil at 53° 02.10' N. lat., 169° 41.00' W. long {#sec-5-aac-28.648 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.648}

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 2/23/2014, Register 209; am 2/28/2016, Register 217; am 2/21/2019, Register 229; am 3/26/2023, Register 245

5 AAC 28.650 Closed waters in Bering Sea-Aleutian Islands Area. (a) All waters of Alaska surrounding St. Matthew, Hall, and Pinnacle Islands are closed to commercial groundfish fishing. (b) The waters of Unalaska Bay south of a line from Cape Kalekta at 54° 00.50' N. lat., 166° 22.50' W. long. to Cape Cheerful at 54° 01' N. lat., 166° 40' W. long. are closed to groundfish fishing with pelagic trawl gear. (c) The waters of the Dutch Harbor Subdistrict, described in 5 AAC 28.648(a), that are south of 53° 06.11' N. lat. are closed to taking Pacific cod during a state-waters season {#sec-5-aac-28.650 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.650}

History

Authority: AS 16.05.251
Eff. 5/19/2001, Register 158; am 5/16/2010, Register 194; am 6/1/2013, Register 206; am 2/28/2016, Register 217; am 6/26/2016, Register 218

5 AAC 28.670 Harvest of bait by commercial permit holders for Bering Sea-Aleutian Islands Area. The holder of a valid CFEC interim use or limited entry permit may take but may not sell groundfish for use as bait in the commercial fishery for which the permit is held as follows: (1) groundfish may be taken at any time; (2) groundfish may be taken by any gear specified in 5 AAC 39.105, except trawls; (3) groundfish may be taken under this section only in the waters north of the latitude of Cape Romanzof at 61° 49' N. lat. and south of the latitude of Point Hope at 68° 21' N. lat {#sec-5-aac-28.670 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.670}

History

Authority: AS 16.05.251
Eff. 3/30/95, Register 133; am 4/4/97, Register 142

5 AAC 28.681 Landing requirements for Bering Sea - Aleutian Islands Area. (a) The landing requirements for sablefish in the Aleutian Islands District are specified in 5 AAC 28.640. (b) After 72 hours following the closure of any directed ground fish season within the Bering Sea-Aleutian Islands Area, a vessel that participated in that fishery may not have that species of groundfish on board unless (1) that species has been designated as bycatch for another directed fishery and the amount on board that vessel is permissible under retained bycatch restrictions specified in regulation; or (2) the vessel has been delayed due to extraordinary circumstances beyond the control of the vessel operator, and the vessel operator has contacted a local representative of the department no later than 72 hours following the closure of the season and the representative has granted a reasonable amount of time for the vessel to reach the port of delivery or processing location; any amount of additional time shall be determined under the assumption that the vessel departed the fishing grounds immediately after the closure and proceeded directly to the port of delivery or processing location {#sec-5-aac-28.681 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.681}

History

Authority: AS 16.05.251
Eff. 5/31/2001, Register 158; am 3/26/2023, Register 245

5 AAC 28.685 Logbook requirements for Bering Sea - Aleutian Islands Area. (a) An operator of a vessel fishing for black rockfish in the waters of Alaska in the Aleutian Islands District of the Bering Sea - Aleutian Islands Area shall maintain an accurate logbook of all fishing operations for each type of gear used. (b) A logbook described in (a) of this section must (1) include the date, the specific location of harvest by latitude and longitude, the number of hooks and lines used, the average depth of each set fished, and the hours fished for each line; (2) include for the target species, and for each bycatch species, the number of fish (A) retained; and (B) discarded; (3) be updated within 24 hours after midnight local time on the day of operation; (4) be retained, with its original pages, for a period of two years by the owner or operator of the vessel; (5) be kept on board the vessel while operating gear, during transits to or from a port of landing, and for five days after delivering groundfish; (6) be made available to a local representative of the department upon request. (c) A copy of the page of the logbook described in (a) in this section pertaining to a landing must be attached to the fish ticket documenting the landing. (d) A person may not make a false entry in the logbook described in (a) of this section {#sec-5-aac-28.685 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.685}

History

Authority: AS 16.05.251
Eff. 5/15/2004, Register 170

5 AAC 28.690 Vessel length restrictions for the Bering Sea-Aleutian Islands Area. (a) A person may not use a vessel that is longer than 60 feet in overall length to take rockfish in the waters of Sitkin Sound and the surrounding area enclosed by lines from Cape Adagdak northeast to Swallow Head to Teapot Rock southeast to a point on the northwesternmost tip of Tagalak Island, and then from the southernmost tip of Tagalak Island to the southernmost tip of Umak Island, and then from the southernmost tip of Umak Island south southwest to Cape Azimas, and then from Cape Azimas west southwest to the southernmost tip of Kagalaska Island, and then from the southernmost tip of Kagalaska Island to Boot Point on Adak Island, and then from Boot Point southwest to Cape Kagigkak, to 51° 53' N. lat., 176° 45.75' W. long., south to Careful Point. (b) Repealed 10/16/2011. (c) In the Bering Sea-Aleutian Islands Area, a vessel participating in a parallel season for Pacific cod with longline gear may not be more than 58 feet in overall length. (d) In this section, "overall length" means the straight line length between extremities of the vessel, excluding anchor rollers {#sec-5-aac-28.690 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.690}

History

Authority: AS 16.05.251
Eff. 7/5/2000, Register 155; am 5/31/2009, Register 190; am 10/16/2011, Register 200

Article 11 Chukchi-Beaufort Area (Registration Area Y)

5 AAC 28.700 Description of Chukchi-Beaufort Area. The Chukchi-Beaufort Area consists of all territorial waters of Alaska north of the latitude of Cape Prince of Wales (65° 36' N. lat.) {#sec-5-aac-28.700 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.700}

History

Authority: AS 16.05.251
Eff. 7/30/89, Register 111; am 4/4/97, Register 142

5 AAC 28.706 Chukchi-Beaufort Area registration. (a) The Chukchi-Beaufort Area is a nonexclusive registration area for Pacific cod. (b) A vessel that is registered for the Chukchi-Beaufort Area under 5 AAC 28.020 for a groundfish fishery, other than a state-waters season for Pacific cod described in 5 AAC 28.081, also shall be considered registered for that fishery in the Kodiak Area described in 5 AAC 28.400, the Chignik Area described in 5 AAC 28.500, the South Alaska Peninsula Area described in 5 AAC 28.550, and Bering Sea-Aleutian Islands Area described in 5 AAC 28.600 {#sec-5-aac-28.706 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.706}

History

Authority: AS 16.05.251
Eff. 4/4/97, Register 142; am 4/20/2012, Register 202

5 AAC 28.710 Fishing seasons for Chukchi-Beaufort Area. Groundfish may be taken only during seasons established by emergency order or under a permit issued by the commissioner {#sec-5-aac-28.710 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.710}

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 7/30/89, Register 111; am 4/4/97, Register 142; am 5/16/2010, Register 194

5 AAC 28.732 Groundfish pot storage requirements for Chukchi-Beaufort Area. Rectangular groundfish pots with all bait and bait containers removed and with all doors secured fully open, and cone or pyramid groundfish pots with all bait and bait containers removed and all doors not secured closed may be stored in waters not more than 25 fathoms deep {#sec-5-aac-28.732 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.732}

History

Authority: AS 16.05.251
Eff. 4/4/97, Register 142

Article 12 Definitions

5 AAC 28.975 Definitions. Unless otherwise provided in this chapter, (1) "bycatch" means any species or species group taken incidentally in the course of participating in a directed fishery for another species or species group; (2) "directed fishery" means a fishery that is managed for the taking of one or more target species or species groups; (3) "landing" means the act of offloading fish for sale or for transport to a buyer for later sale; (4) "target species" means a species or species group for which there is sufficient data to allow that species or species group to be managed on its own biological merits {#sec-5-aac-28.975 omnilex-key=us-ak-regs-official--title-5--5 AAC 28.975}

History

Authority: AS 16.05.251
Eff. 6/15/95, Register 134; am 4/4/97, Register 142

Chapter 29 Salmon Troll Fishery

Article 1 General Specifications

5 AAC 29.001 Application of this chapter {#sec-5-aac-29.001 omnilex-key=us-ak-regs-official--title-5--5 AAC 29.001}

(a) Unless otherwise specified, requirements set out in this chapter apply only to commercial salmon fishing with troll gear in the Southeastern Alaska-Yakutat Area.

(b) Unless otherwise specified, the provisions of this chapter that apply to the waters of Alaska also apply to the adjacent waters of the exclusive economic zone.

(c) The commissioner may suspend the application of the regulations in this chapter that apply to the waters of Alaska to all or a portion of the waters of the exclusive economic zone that are adjacent to the waters of Alaska if the commissioner finds that

(1) application of the regulations fails to facilitate enforcement of regulations that apply to the waters of Alaska;

(2) application of the regulations fails to protect or conserve salmon inhabiting territorial waters of Alaska; or

(3) the state has an insufficient interest in the salmon that inhabit the waters of the adjacent exclusive economic zone to warrant extending the state's jurisdiction to those waters.

(d) For the purposes of this section, "exclusive economic zone" means all the waters adjacent to the waters of Alaska and seaward to a boundary line drawn so that each point on the line is 200 nautical miles from the baseline from which the territorial sea is measured.

History

Authority: AS 16.05.251
Eff. 10/1/98, Register 147

Article 2 Description of Area

5 AAC 29.010 Description of area for salmon troll fishing {#sec-5-aac-29.010 omnilex-key=us-ak-regs-official--title-5--5 AAC 29.010}

Unless otherwise specified in this chapter, a person may operate troll gear in the waters of the Southeastern Alaska-Yakutat Area east of the longitude of Cape Suckling (144° W. long.) and north of the International Boundary at Dixon Entrance.

History

Authority: AS 16.05.251
Eff. 10/1/98, Register 147; am 3/11/2001, Register 157

5 AAC 29.020 Description of fishing districts and winter boundary line {#sec-5-aac-29.020 omnilex-key=us-ak-regs-official--title-5--5 AAC 29.020}

(a) Fishing districts that are used in this chapter are described in 5 AAC 30.200 and 5 AAC 33.200.

(b) For the purposes of this chapter, the "winter boundary line" for the winter season and periods established in 5 AAC 29.070 is a line across Yakutat Bay from the westernmost tip of Point Manby, at 59° 41.68' N. lat., 140° 19.64' W. long., to 59° 40.02' N. lat., 140° 24.36' W. long., to 59° 31.25' N. lat., 139° 53.69' W. long., to a point south of Ocean Cape Light at 59° 32.11' N. lat., 139° 51.32' W. long., and a line from the southernmost tip of Cape Spencer at 58° 12.63' N. lat., 136° 39.85' W. long., to the westernmost tip of Yakobi Rock at 58° 05.17' N. lat., 136° 33.82' W. long., to the southernmost tip of Cape Cross at 57° 54.70' N. lat., 136° 33.59' W. long., to the southernmost tip of Point Theodore at 57° 50.75' N. lat., 136° 27.57' W. long., to the westernmost tip of Cape Edward at 57° 40.75' N. lat., 136°15.51' W. long., to the westernmost tip of Khaz Point 57° 30.13' N. lat., 136° 01.44' W. long., to the westernmost tip of Point Slocum at 57° 27.86' N. lat., 135° 58.06' W. long., to the westernmost tip of Klokachef Island at 57° 24.20' N. lat., 135° 54.40' W. long., to the westernmost tip of Cape Georgiana at 57° 19.75' N. lat., 135° 51.62' W. long., to the westernmost tip of Point Amelia at 57° 13.40' N. lat., 135° 52.67' W. long., to Cape Edgecumbe at 56° 59.89' N. lat., 135° 51.48' W. long., to the southernmost tip of Point Woodhouse at 56° 50.05' N. lat., 135° 32.56' W. long., to the southernmost tip of Rogers Island at 56° 46.67' N. lat., 135° 27.99' W. long., to the westernmost tip of Aspid Cape at 56° 41.14' N. lat., 135° 13.80' W. long., to the southernmost tip of North Cape at 56° 35.68' N. lat., 135° 08.37' W. long., to 56° 22.77' N. lat., 134° 56.96' W. long., to 56° 19.50' N. lat., 134° 54.00' W. long., to the southwesternmost tip of Puffin Point at 56° 14.12' N. lat., 134° 48.40' W. long., to the northwesternmost tip of Bobrovoi Point at 56° 11.00' N. lat., 134° 42.55' W. long., to the southernmost tip of Cape Ommaney at 56° 09.83' N. lat., 134° 40.42' W. long., to Nation Point at 55° 55.66' N. lat., 134° 20.10' W. long., to the southwest tip of Helm Point at 55° 49.43' N. lat., 134° 16.97' W. long., to the southernmost tip of Cape Addington at 55° 26.09' N. lat., 133° 49.31' W. long., to the westernmost tip of Cape Chirikof at 55° 18.10' N. lat., 133° 41.43' W. long., to Cape Bartolome Light at 55° 13.84' N. lat., 133° 36.94' W. long., to the southernmost tip of Cape Felix at 55° 12.57' N. lat., 133° 26.02' W. long., to the westernmost tip of Bruin Point at 55° 05.08' N. lat., 133° 14.24' W. long., to the westernmost tip of Sakie Point at 55° 03.42' N. lat., 133° 13.43' W. long., to the westernmost tip of Cape Augustine at 54° 57.02' N. lat., 133° 09.95' W. long., to the westernmost tip of Rockwell Point at 54° 55.90' N. lat., 133° 07.99' W. long., to the westernmost tip of Ritter Point at 54° 51.43' N. lat., 133° 02.07' W. long ., to the westernmost tip of Point Bazan at 54° 48.32' N. lat., 132° 58.56' W. long., to the westernmost tip of Security Point at 54° 44.43' N. lat., 132° 53.17' W. long., to Point Cornwallis at 54° 42.10' N. lat., 132° 52.49' W. long., to the southernmost tip of Liscome Point at 54° 41.28' N. lat., 132° 50.52' W. long., to the westernmost tip of Wolk Point t 54° 40.32' N. lat., 132° 46.73' W. long., to 54° 39.86' N. lat., 132° 43.71' W. long., to Cape Muzon Light at 54° 39.89' N. lat., 132° 41.57' W. long., to the southernmost tip of Point Nunez at 54° 41.04' N. lat., 132° 05.61' W. long., to the southernmost tip of Cape Chacon at 54° 41.40' N. lat., 132° 01.02' W. long., to the southernmost tip of West Rock at 54° 48.70' N. lat., 131° 29.87' W. long., to the southernmost tip of Yellow Rocks at 54° 47.32' N. lat., 131° 14.03' W. long., to Tree Point at 54° 48.17' N. lat., 130° 56.07' W. long., to Lord Rock Light at 54° 43.55' N. lat., 130° 49.22' W. long., to a point on the International Boundary at 130° 49.00' W. long.

History

Authority: AS 16.05.251
Eff. 10/1/98, Register 147; am 3/11/2001, Register 157; am 7/26/2003, Register 167; am 2/22/2015, Register 213; am 11/10/2024, Register 252

5 AAC 29.025 Waters of frequent high king salmon abundance {#sec-5-aac-29.025 omnilex-key=us-ak-regs-official--title-5--5 AAC 29.025}

(a) The following waters are identified as water of frequent high abundance of king salmon:

(1) waters off the west coast of Baranof Island south of the latitude of Point Lauder at 56° 32.46' N. lat., and north and west of Redfish Cape at 56° 18.63' N. lat., 134° 53.15' W. long., to a distance of one nautical mile from the shore;

(2) waters off the Kruzof Island shore south and west of the longitude of Shoals Point at 135° 38.03' W. long., west to Cape Edgecumbe at 56° 59.89' N. lat., 135° 51.48' W. long., and from Cape Edgecumbe north to the latitude of Cape Georgiana at 57° 19.75' N. lat., to a distance of one nautical mile from the shore;

(3) waters off the west coast of Yakobi Island south of the latitude of Yakobi Rock at 58° 05.17' N. lat., and north and west of Cape Cross at 57° 54.70' N. lat., 136° 33.59' W. long., to a distance of one nautical mile from the main shoreline of Yakobi Island;

(4) waters of Palma Bay, Dixon Harbor, Torch Bay, Murk Bay, and Graves Harbor east of a line beginning at the mouth of Kaknau Creek located approximately one nautical mile northeast of Icy Point at 58° 23.90' N. lat., 137° 04.52' W. long., to Astrolabe Point at 58° 20.50' N. lat., 136° 54.07' W. long., then to a point on the south shore of Dixon Harbor at 58° 19.95' N. lat., 136° 51.22' W. long., then to Venisa Point at 58° 18.50' N. lat., 136° 49.50' W. long., then to the westernmost tip of Polka Point at 58° 13.83' N. lat., 136° 42.48' W. long.; and

(5) the outer banks of the Fairweather Grounds bounded by the following lines:

(A) on the north by a line extending from 58° 46.63' N. lat., 138° 54.82' W. long. to 58° 24.55' N. lat., 139° 48.98' W. long.;

(B) on the south by a line extending from 58° 15.83' N. lat., 137° 21.80' W. long. to 57° 50.08' N. lat., 138° 20.03' W. long.;

(C) on the shoreward side by a line extending from 58° 46.63' N. lat., 138° 54.82' W. long. to 58° 15.83' N. lat., 137° 21.80' W. long.;

(D) on the seaward side by a line extending from 58° 24.55' N. lat., 139° 48.98' W. long. to 57° 50.08' N. lat., 138° 20.03' W. long.

(b) The provisions of this section apply for the purposes of

(1) slowing down the king salmon harvest rate during the king salmon retention fishery; and

(2) reducing the number of king salmon incidentally hooked and released during a king salmon nonretention fishery, as provided in 5 AAC 29.100(c)(3).

History

Authority: AS 16.05.251
Eff. 10/1/98, Register 147; am 3/11/2001, Register 157; am 7/26/2003, Register 167; am 5/26/2006, Register 178; am 11/10/2024, Register 252

Article 3 Management and Allocation Management Plans

5 AAC 29.050 Management of salmon troll fisheries in the Southeastern Alaska-Yakutat Area {#sec-5-aac-29.050 omnilex-key=us-ak-regs-official--title-5--5 AAC 29.050}

(a) The management of the Southeastern Alaska-Yakutat Area king and coho salmon troll fisheries is complex because of mixing of the salmon stocks and fishing effort placed upon those salmon stocks by the subsistence, commercial, and sport fishing user groups. The Board of Fisheries (board) is concerned that some user groups, particularly those who traditionally fish the final interception waters for spawning king and coho salmon and the inshore waters, may have reduced opportunities to take king and coho salmon because of increasing fishing effort by the salmon power troll fleet on mixed stocks of those species of salmon in coastal and offshore waters. The board is also concerned that continued increases in fishing effort on mixed king and coho salmon stocks may result in overharvest of individual salmon stocks and that individual stock escapements to specific streams in this case may not be of a sufficient level to maintain a sustained yield of those stocks. Because of the above concerns, the board has adopted regulations that control the time, area of operation, and efficiency of the salmon power and hand troll fisheries.

(b) The board recognizes that changes in size and timing of the king and coho salmon runs and changes in the distribution of fishing effort by the hand and power troll fleet may require inseason adjustments to salmon fishing seasons, periods, and open and closed waters to allow king and coho salmon to escape the coastal and offshore fisheries and move into the inshore terminal fishing waters.

(c) Before 1981, the commercial salmon troll fishing season was year around with a winter season of October 1 through April 14 and a summer season of April 15 through September 30. Since 1981, the opening of the summer season has been delayed by one month to an opening date of May 15 to provide for a three-cycle king salmon rebuilding program. Additional delays in the opening of the summer salmon troll season have been instituted in an effort to spread the king salmon harvest throughout the season. In 1992, the start of the winter salmon troll fishery was delayed until October 11 to provide additional fish for the summer salmon troll season.

(d) It is the goal of the board to restore the king salmon stock to a level that will allow a return to the pre-1981 season dates.

History

Authority: AS 16.05.251
Eff. 10/1/98, Register 147; am 7/26/2003, Register 167

5 AAC 29.060 Allocation of king salmon in the Southeastern Alaska-Yakutat Area {#sec-5-aac-29.060 omnilex-key=us-ak-regs-official--title-5--5 AAC 29.060}

(a) The department shall manage the commercial and sport king salmon fisheries in the Southeastern Alaska-Yakutat Area in accordance with the conservation and harvest goals of the Pacific Salmon Treaty, as implemented by the Pacific Salmon Commission.

(b) The department shall manage the sport and commercial net and troll fisheries in accordance with the annual harvest ceiling established by the Pacific Salmon Commission. During a directed king salmon fishery in District 8 and District 11, an allowable catch above the baseline harvest level will not be counted towards the annual harvest ceiling. The annual harvest allocation of the annual harvest ceiling for each fishery is as follows:

(1) purse seine fishery: 4.3 percent of the annual harvest ceiling;

(2) drift gillnet fishery: 2.9 percent of the annual harvest ceiling;

(3) set gillnet fishery: 1,000 king salmon;

(4) troll fishery: 77 percent, after the net fishery allocations in (1) - (3) of this subsection are subtracted from the annual harvest ceiling;

(5) sport fishery: 23 percent, after the net fishery allocations in (1) - (3) of this subsection are subtracted from the annual harvest ceiling;

(6) if the projected annual Southeast Alaska all-gear harvest is below the annual harvest ceiling, the projected unused allocation from the gear groups listed in (1) - (5) of this subsection may be allocated by the department to another gear group beginning at a season date determined by the department and established by emergency order.

(c) When computing the harvest allocations under this section, the department shall take into consideration that the Pacific Salmon Commission's annual harvest ceiling includes a pretreaty base level of 5,000 Alaska hatchery-produced king salmon and the risk factor for computing the Alaska hatchery contribution. Alaska hatchery-produced king salmon above the 5,000 fish base and the risk factor are excluded from the annual harvest ceiling. In determining each fisheries' allocation of the Pacific Salmon Commission's harvest ceiling, the department shall apportion the risk factor for computing the Alaska hatchery contribution and the 5,000 fish base into components for each fishery.

(d) For the purpose of calculating the king salmon harvest, the annual harvest period shall begin with the opening of the winter salmon troll season. For the purpose of calculating harvest performance for the king salmon fisheries under this section, the harvest in the sport and commercial net and troll fisheries will be applied to the cumulative harvest on an annual basis, as opposed to the harvest ceiling.

(e) If the Southeast Alaska all-gear annual harvest exceeds the annual harvest ceiling established by the Pacific Salmon Commission, in the year following any overage, the department shall manage the commercial and sport king salmon fisheries in the Southeastern Alaska-Yakutat Area in accordance with (b) of this section based on the revised annual harvest ceiling established by the Pacific Salmon Commission.

History

Authority: AS 16.05.251
Eff. 10/1/98, Register 147; am 6/1/2003, Register 166; am 5/26/2006, Register 178; am 10/16/2022, Register 244; am 6/27/2025, Register 254

5 AAC 29.065 Allocation of coho salmon {#sec-5-aac-29.065 omnilex-key=us-ak-regs-official--title-5--5 AAC 29.065}

The historical harvest allocation (1969 - 1988) of coho salmon in the Southeastern Alaska and Yakutat commercial salmon fisheries is 19 percent purse seine, 13 percent drift gillnet, seven percent set gillnet, and 61 percent troll. While these percentages may vary from season to season, given fluctuations in salmon abundance and the distribution and limitations of fisheries management, the department shall manage the fishery to maintain these allocation guidelines over the long-term. In that management the department

(1) may not disrupt any of the traditional commercial fisheries upon which this historical allocation is founded;

(2) may make inseason adjustments to attempt to achieve these historical harvest allocation guidelines.

History

Authority: AS 16.05.251
Eff. 10/1/98, Register 147

Article 4 Fishing Seasons and Periods

5 AAC 29.070 General fishing seasons and periods {#sec-5-aac-29.070 omnilex-key=us-ak-regs-official--title-5--5 AAC 29.070}

(a) The fishing seasons for the salmon troll fishery are as follows:

(1) winter season from October 1 through April 30;

(2) summer season from May 1 through September 30.

(b) The department shall manage the king salmon troll fishery to provide for

(1) a winter fishery during the period beginning October 11 through April 30 or until the guideline harvest level is reached, as specified in 5 AAC 29.080, whichever occurs first;

(2) spring fisheries during the period beginning after the winter fishery is closed under (1) of this subsection, but no later than May 1, through June 30, as specified in 5 AAC 29.090;

(3) a summer fishery during the period beginning July 1 through September 30, as specified in 5 AAC 29.100.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 10/1/98, Register 147; am 7/26/2003, Register 167; am 3/13/2004, Register 169

Article 5 Fishery Management Plans

5 AAC 29.080 Management of the winter salmon troll fishery {#sec-5-aac-29.080 omnilex-key=us-ak-regs-official--title-5--5 AAC 29.080}

(a) The department shall manage the winter salmon troll fishery so that the harvest of king salmon does not exceed a guideline harvest level of 45,000 non-Alaska hatchery-produced fish, with a guideline harvest range of 43,000 - 47,000 non-Alaska hatchery-produced fish, plus the number or Alaska hatchery king salmon harvested during the winter troll fishery. In this subsection, "non-Alaska hatchery-produced fish" means king salmon not originating from a hatchery in this state.

(b) Except in areas closed by emergency order or in the waters specified in 5 AAC 29.150, king salmon may be taken in all waters of Alaska east of the winter boundary line described in 5 AAC 29.020(b), with the following exceptions:

(1) in District 1, the waters of Behm Canal in Section 1-D between a line from Nose Point at 55° 48.32' N. lat., 131° 42.53' W. long., to Snail Point at 55° 49.47' N. lat., 131° 46.25' W. long., and a line from Cactus Point at 55° 33.29' N. lat., 130° 56.59' W. long., to Point Eva at 55° 33.61' N. lat., 130° 52.60' W. long., are closed;

(2) in District 8, the waters of the Stikine River north and west of a line from Babbler Point at 56° 29.08' N. lat., 132° 17.37' W. long., to Hour Point at 56° 27.73' N. lat., 132° 16.79' W. long., north and east of a line from Point Highfield at 56° 29.34' N. lat., 132° 23.36' W. long., to the southern end of Liesnoi Island at 56° 29.83' N. lat., 132° 29.19' W. long., to the southernmost tip of Greys Island at 56° 30.67' N. lat., 132° 33.05' W. long., to the small island near the eastern entrance of Blind Slough at 56° 31.83' N. lat., 132° 40.17' W. long., to the nearest point on Mitkof Island at 56° 31.88' N. lat., 132° 40.66' W. long., and south and east of a line from the prominent point on Mitkof Island nearest Coney Island at 56° 40.77' N. lat., 132° 39.28' W. long., to the western end of Coney Island at 56° 41.62' N. lat., 132° 38.92' W. long., to a point 800 yards north of Japanese Creek at 56° 46.62' N. lat., 132° 37.11' W. long., on the mainland shore are closed;

(3) in District 11, king salmon may be taken only

(A) in Section 11-A west of a line from Outer Point at 58° 17.86' N. lat., 134° 41.18' W. long., to Point Louisa at 58° 22.40' N. lat., 134° 43.63' W. long., and south and east of a line from Salisbury Point at 58° 12.30' N. lat., 134° 13.15' W. long., to Point Tantallion at 58° 11.72' N. lat., 134° 15.55' W. long., from the opening of the winter fishery, specified in 5 AAC 29.070(b), through April 14;

(B) in Sections 11-B, 11-C, and 11-D, except that king salmon may be taken in Section 11-B north of the latitude of Graves Point Light at 58° 03.73' N. lat., only from the opening of the winter fishery, specified in 5 AAC 29.070(b), through March 31;

(4) in District 15, king salmon may be taken only in Sections 15-A and 15-C.

(c) A CFEC permit holder that participates in the winter salmon troll fishery must offload all fish from the CFEC permit holder's vessel before participating in the spring salmon troll fishery.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 10/1/98, Register 147; am 3/11/2001, Register 157; am 7/26/2003, Register 167; am 5/26/2006, Register 178; am 7/13/2012, Register 203; am 9/24/2021, Register 239; am 11/10/2024, Register 252

5 AAC 29.090 Management of the spring salmon troll fisheries {#sec-5-aac-29.090 omnilex-key=us-ak-regs-official--title-5--5 AAC 29.090}

(a) In this chapter, a spring salmon troll fishery means a fishery that is

(1) opened and closed by emergency order;

(2) restricted in area;

(3) designated by number so that each opening in a specific body of water is uniquely identified for catch reporting purposes.

(b) The department shall manage the spring salmon troll fisheries to target Alaska hatchery-produced king salmon.

(c) The department shall conduct the spring salmon troll fisheries each year before the opening of the general summer salmon troll season.

(d) In its management of the spring fisheries under this section, the department shall

(1) first consider changes in the previous years' spring fisheries; the department shall open the fisheries if they meet the following requirements:

(A) a directed fishery may occur only if an Alaska hatchery return is expected to exceed broodstock requirements;

(B) at least one spring fishery shall be conducted annually, targeting the king salmon returning to each Alaska hatchery that meets its broodstock requirements;

(C) in order to continue the fishery each year without modification of areas previously established, the contribution rate of Alaska hatchery-produced salmon stocks to the directed fishery harvest must exceed 20 percent;

(D) the department shall manage each spring salmon troll fishery as follows:

(i) no more than 1,000 non-Alaska hatchery-produced salmon may be taken in a fishery if the percentage of Alaska hatchery-produced salmon taken in that fishery is less than 25 percent of the king salmon taken in that fishery;

(ii) no more than 2,000 non-Alaska hatchery-produced salmon may be taken in a fishery if the percentage of Alaska hatchery-produced salmon taken in that fishery is at least 25 percent but less than 35 percent of the king salmon taken in that fishery;

(iii) no more than 3,000 non-Alaska hatchery-produced salmon may be taken in a fishery if the percentage of Alaska hatchery-produced salmon taken in that fishery is at least 35 percent but less than 50 percent of the king salmon taken in that fishery;

(iv) no more than 5,000 non-Alaska hatchery-produced salmon may be taken in a fishery if the percentage of Alaska hatchery-produced salmon taken in that fishery is at least 50 percent but less than 66 percent of the king salmon taken in that fishery;

(v) there is no limit on the number of non-Alaska hatchery-produced salmon that may be taken in a fishery if the percentage of Alaska hatchery-produced salmon taken in that fishery is 66 percent or more of the king salmon taken in that fishery;

(E) if the requirements of (A) - (D) of this paragraph are met, the department shall open the spring salmon troll fisheries until no later than one day before the opening of the summer salmon troll fishery;

(2) consider additional fishing periods based on the best scientific data and on input from salmon trollers;

(3) if the preseason king salmon abundance index determined by the Chinook Technical Committee of the Pacific Salmon Commission is at least 1.15 and the amount of the winter troll fishery guideline harvest level remaining on May 1 is 10,000 or more king salmon, apply the following provisions:

(A) if the guideline harvest level remaining is at least 10,000 king salmon but not more than 15,000 king salmon, 250 additional non-Alaska hatchery-produced salmon will be added to the maximum allowable number of non-Alaska hatchery-produced salmon to be taken as provided in (2)(D) of this subsection;

(B) if the guideline harvest level remaining is more than 15,000 king salmon, 500 additional non-Alaska hatchery-produced salmon will be added to the maximum allowable number of non-Alaska hatchery-produced salmon to be taken as provided in (2)(D) of this subsection.

(e) Repealed 6/14/2000.

(f) Repealed 5/31/2009.

(g) Repealed 7/1/2015.

(h) Notwithstanding (a) - (d) of this section, in Snow Passage the commissioner may, by emergency order, extend the length of weekly fishing periods during the spring fishery to maximize the harvest of hatchery coho salmon returning to the Neck Lake release site.

(i) The commissioner may open, by emergency order, a spring salmon troll fishery for two days per week during May and June in the Yakutat Bay area east of a line from Point Manby at 59° 41.68' N. lat., 140° 19.64' W. long., to a point south of Ocean Cape Light at 59° 32.11' N. lat., 139° 51.32' W. long., with a maximum harvest of 1,000 king salmon.

(j) The commissioner may open, by emergency order, a fishing season during which two or more adjacent spring salmon troll fishery areas and those area's harvest caps, as specified in (d)(1)(D) of this section for non-Alaska hatchery salmon, are combined if each of the areas has Alaska hatchery compositions of 25 percent or greater for three or more consecutive seasons.

(k) The operator of a salmon troll vessel shall keep the fish caught in each spring fishery separate from any other fish on board the vessel. A fish buyer shall issue a separate fish ticket for fish caught in each spring fishery. If the commissioner determines that a provision of this subsection is frequently violated, the department may require that fish from only one spring fishery be on board a vessel at any one time.

(l) A CFEC permit holder that participates in a spring salmon troll fishery must offload all fish from the CFEC permit holder's vessel before participating in the summer salmon troll fishery.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 10/1/98, Register 147; am 6/14/2000, Register 154; am 7/26/2003, Register 167; em am 4/13/2005 - 8/10/2005, Register 174; am 5/26/2006, Register 178; am 5/31/2009, Register 190; am 7/1/2015, Register 214; am 11/10/2024, Register 252; am 6/27/2025, Register 254

5 AAC 29.095 District 8 King Salmon Management Plan {#sec-5-aac-29.095 omnilex-key=us-ak-regs-official--title-5--5 AAC 29.095}

(a) Except as specified in (b) of this section, the commissioner may open, by emergency order, weekly king salmon troll fishing periods in the waters of District 8, beginning on the first Monday in May through June 30, to occur from

(1) 12:01 a.m. Monday through 11:59 p.m. Wednesday when the commercial gillnet salmon fishery is open for 24 hours; and

(2) 12:01 a.m. Monday through 11:59 p.m. Friday when the commercial gillnet salmon fishery is open for more than 24 hours.

(b) The commissioner will not open a king salmon troll fishing period under this section

(1) in the waters of Section 8-A and the waters of Section 8-B that are west of a line from the eastern side of Blind Slough at 56° 31.88' N. lat., 132° 40.66' W. long., to Craig Point Light at 56° 27.40' N. lat., 132° 42.95' W. long., from 12:01 a.m. on the Friday before the Memorial Day weekend to 11:59 p.m. on the Monday after the Memorial Day weekend; and

(2) in the waters of Section 8-B that are east of a line from the eastern side of Blind Slough at 56° 31.88' N. lat., 132° 40.66' W. long., to Craig Point Light at 56° 27.40' N. lat., 132° 42.95' W. long., from 12:01 a.m. on the Saturday before the Memorial Day weekend to 11:59 p.m. on the Monday after the Memorial Day weekend.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 5/26/2006, Register 178; am 11/10/2024, Register 252

5 AAC 29.097 District 11 King Salmon Management Plan {#sec-5-aac-29.097 omnilex-key=us-ak-regs-official--title-5--5 AAC 29.097}

In District 11, the commissioner may open and close, by emergency order, directed Taku River king salmon troll fishing periods, from the first Monday in May through the third Saturday in June, as follows:

(1) in the waters of Section 11-A that are east and south of a line from Piling Point at 58° 19.30' N. lat., 134° 48.27' W. long., to Middle Point Light at 58° 14.90' N. lat., 134° 37.73' W. long., then south and west of a line from Marmion Island Light at 58° 11.92' N. lat., 134° 15.41' W. long., to Circle Point at 58° 07.76' N. lat., 134° 04.74' W. long.,

(A) from 12:01 a.m. Monday through 11:59 p.m. Wednesday when the gillnet fishery is open for 24 hours; and

(B) from 12:01 a.m. Monday through 11:59 p.m. Friday when the gillnet fishery is open for more than 24 hours;

(2) in the waters of Section 11-B that are south of a line from Marmion Island Light at 58° 11.92' N. lat., 134° 15.41' W. long., to Circle Point at 58° 07.76' N. lat., 134° 04.74' W. long.,

(A) from 12:01 a.m. Monday through 11:59 p.m. Wednesday when the gillnet fishery is open for 24 hours;

(B) from 12:01 a.m. Monday through 11:59 p.m. Friday when the gillnet fishery is open for more than 24 hours.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 5/26/2006, Register 178; am 11/10/2024, Register 252

5 AAC 29.100 Management of the summer salmon troll fishery {#sec-5-aac-29.100 omnilex-key=us-ak-regs-official--title-5--5 AAC 29.100}

(a) During the summer salmon troll fishery, salmon may be taken only during open fishing periods. Unless otherwise specified in this section or by emergency order, salmon may be taken throughout the Southeastern Alaska-Yakutat Area unless restricted

(1) by a provision of this section; or

(2) in the closed waters specified in 5 AAC 29.150.

(b) The department shall manage the fishery as specified in (c) of this section until the annual harvest allocation specified in 5 AAC 29.060 is reached.

(1) the department shall manage the summer king salmon troll fishery

(A) to take 70 percent of the remaining troll king salmon harvest allocation, calculated as the annual troll harvest allocation minus the winter and spring troll harvests of treaty king salmon, in an initial opening beginning July 1; and

(B) to take the remaining portion of the troll king salmon harvest allocation, calculated as the annual troll harvest allocation minus the winter, spring, and initial July 1 opening harvest of treaty king salmon, as follows:

(i) following the reopening of the king salmon troll fishery after any closure of a coho salmon troll fishery; or

(ii) if a closure is not necessary to achieve coho salmon harvest guidelines after the reopening of the king salmon troll fishery but only following a two-day closure to allow a fair start if a competitive fishery is prosecuted;

(2) in order to provide for the harvest of the remaining portion of the troll king salmon harvest allocation following a coho salmon closure, the department shall manage the king salmon harvest as follows:

(A) if approximately 70 percent or more of the remaining troll king salmon harvest allocation was taken during the initial opening under (1)(A) of this subsection, the commissioner shall close, by emergency order, the waters of frequent high king salmon abundance described in 5 AAC 29.025 for the remainder of the summer salmon troll season in order to slow down the harvest rate; however, if after 10 days, the department determines that the annual troll king salmon harvest allocation may not be reached by September 20 with those waters closed, the commissioner shall reopen, by emergency order, the waters of frequent high king salmon abundance;

(B) the department shall reopen the summer king salmon troll fishery in the waters of frequent high king salmon abundance described in 5 AAC 29.025 if the department determines that less than 30 percent of the king salmon harvest goal for the initial opening under (1)(A) of this subsection was taken in that opening;

(C) in addition to (A) and (B) of this paragraph, if the department determines that the annual troll king salmon harvest allocation will not be harvested by September 20, the department may continue the summer king salmon troll fishery only in waters with no coho salmon conservation concerns, until the annual troll king salmon harvest allocation is reached or until September 30, whichever occurs first;

(D) if the department determines that the number of king salmon remaining on the annual troll king salmon harvest allocation is not sufficient to allow a competitive fishery, the commissioner may, by emergency order, reopen the troll fishery to the taking of king salmon during a limited harvest fishery, subject to the following conditions:

(i) a limited harvest fishery may be opened for up to 10 days, but may not open before August 1;

(ii) the remaining amount of the king salmon annual harvest allocation will be distributed subject to an established harvest limit;

(iii) king salmon retained during a limited harvest fishery must be kept separate from other salmon on board the vessel;

(iv) both commercially sold king salmon and king salmon retained for personal use during a limited harvest fishery count toward the harvest limit;

(v) a copy of fish tickets documenting commercially sold king salmon or king salmon retained for personal use during a limited harvest fishery must be kept on board the vessel while operating gear in a limited harvest fishery and during transits to or from a port of landing;

(vi) fish tickets must be made available to a local representative of the department upon request;

(vii) after the closure of a limited harvest fishing period, all king salmon must be offloaded from a vessel before that vessel may be used to resume fishing for other salmon species;

(viii) the department may require a bolder of a CFEC hand troll or power troll permit to register with the department before harvesting king salmon in a limited harvest fishery;

(ix) if a permit holder is required to register, the permit holder shall register during the specified limited harvest fishery registration period as specified by the department; a physical or electronic copy of the completed limited harvest fishery registration form that has been endorsed by department staff must be kept on board the vessel if king salmon are retained in a limited harvest fishery and during transits to or from a port of landing when king salmon taken in a limited harvest fishery are on board;

(x) following a limited harvest fishery, if the department determines that the number of king salmon remaining on the annual king salmon harvest allocation is sufficient to provide for an additional limited harvest fishery, the commissioner may, by emergency order, reopen the troll fishery to the taking of king salmon during a limited harvest fishery, subject to (i) - (ix) of this subparagraph;

(xi) the commissioner may impose other conditions that the commissioner determines necessary to conduct an orderly limited harvest fishery;

(3) following the closure of the summer salmon troll fishery to the taking of king salmon, the salmon troll fishery will remain open to the taking of other salmon species; however, the department may close the waters of frequent high king salmon abundance described in 5 AAC 29.025 to the taking of other salmon species in order to further minimize the incidental hook and release of king salmon.

(d) In Sections 1-C, 1-E, and 1-F, salmon may be taken only as follows:

(1) Section 1-C: from August 15 through September 20;

(2) Section 1-E:

(A) in the waters of Section 1-E, bounded by a line from Nose Point at 55° 48.32' N. lat., 131° 42.53' W. long., to a point in West Behm Canal at 55° 48.78' N. lat., 131° 44.00' W. long., located approximately one nautical mile west of Nose Point, then south to a point at 55° 43.92' N. lat., 131° 45.44' W. long., located approximately one nautical mile west of the northernmost tip of Bushy Point, then south to a point at 55° 39.09' N. lat., 131° 44.69' W. long., located approximately one nautical mile west of Escape Point, to the northernmost tip of Escape Point at 55° 39.07' N. lat., 131° 43.04' W. long., and in waters of Neets Bay west of the longitude of Chin Point at 131° 42.10' W. long., and in Traitors Cove west of 131° 41.88' W. long., from July 1 through September 20;

(B) all other waters of Section 1-E, from July 13 through September 20;

(3) Section 1-F: open from July 1 through September 20, with the following restrictions:

(A) from July 1 through July 12, the waters of Section 1-F east of a line from the northernmost tip of Kirk Point at 54° 59.98' N. lat., 131° 00.78' W. long., to Mary Island Light at 55° 05.94' N. lat., 131° 10.96' W. long., to the southernmost tip of Cone Island at 55° 14.47' N. lat., 131° 19.36' W. long., are closed;

(B) from July 13 through July 31, the waters of Section 1-F east of a line from the southernmost tip of Black Island at 55° 07.85' N. lat., 131° 04.96' W. long., to the westernmost tip of Slate Island at 55° 05.73' N. lat., 131° 03.87' W. long., to the westernmost tip of White Reef at 55° 03.98' N. lat., 131° 02.47' W. long., to the easternmost tip of Black Rock at 55° 01.43' N. lat., 131° 03.57' W. long., to the northernmost tip of Kirk Point at 54° 59.98' N. lat., 131° 00.78' W. long., are closed;

(4) repealed 7/13/2012.

(e) In District 8: the weekly fishing periods for trolling are the same as for drift gillnetting.

(f) In District 11: salmon may be taken only in Sections 11-C and 11-D.

(g) In District 15: salmon may be taken only in Sections 15-A and 15-C.

(h) Repealed 7/26/2003.

(i) In the Yakataga and Yakutat Districts,

(1) repealed 5/31/2009;

(2) from August 7 through September 20, salmon may not be taken in waters bounded on the west by the three-nautical-mile limit of the territorial sea and on the north by a line extending seaward from 59° 30.49' N. lat., 139° 46.58' W. long., and intersecting the three-nautical-mile limit at 59° 28.44' N. lat., 139° 51.68' W. long., and on the south by a line extending seaward from 59° 21.07' N. lat., 139° 19.73' W. long., and intersecting the three-nautical-mile limit at 59° 19.08' N. lat., 139° 24.98' W. long.

(j) Following closure of the summer salmon troll fishery to the taking of king salmon, a person may not have king salmon on board a salmon troll vessel from which the person is fishing for other salmon species.

(k) A CFEC permit holder that participates in the summer salmon troll fishery must offload all fish from the CFEC permit holder's vessel before participating in the winter salmon troll fishery.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 10/1/98, Register 147; am 7/26/2003, Register 167; am 5/26/2006, Register 178; am 5/31/2009, Register 190; am 7/13/2012, Register 203; am 7/1/2015, Register 214; am 6/17/2018, Register 226; am 11/10/2024, Register 252; am 6/27/2025, Register 254

5 AAC 29.110 Management of coho salmon troll fishery {#sec-5-aac-29.110 omnilex-key=us-ak-regs-official--title-5--5 AAC 29.110}

(a) Coho salmon may be taken from June 1 through September 20. However, the commissioner, in years when wild coho salmon abundance is projected by the department to meet escapement needs after considering harvest and effort, may extend, by emergency order, the coho salmon fishery in any portions of Districts 1 - 16 for up to 10 days after September 20.

(b) The commissioner may close, by emergency order, the coho salmon troll fishery in the Southeastern Alaska-Yakutat Area for conservation of coho salmon stocks as follows:

(1) for up to seven days beginning on or after July 25 if the total projected commercial harvest of wild coho salmon is less than 1.1 million; or

(2) for up to 10 days, if the department makes an assessment and determines that

(A) the number of coho salmon reaching inside waters might be inadequate to provide for spawning requirements under normal or restricted inside fisheries for coho salmon and other species; the primary abundance indicators for the assessment consist of relative harvest levels by all fisheries and, in particular, catch per unit of effort in inside drift gillnet and sport fisheries as compared to average 1971 - 1980 levels and escapement projections for streams where escapement goals have been established; or

(B) the proportional share of coho salmon harvest by the salmon troll fishery is larger than that of inside gillnet and sport fishing fisheries compared to average 1971 - 1980 levels; primary inside fisheries indicators for the assessment are overall coho salmon harvests and catch per unit of effort in the District 1, 6, 11, and 15 drift gillnet fisheries and by anglers sport fishing from boats in the salt water sport fishery that return to any port connected to the Juneau road system.

(c) Following any closure made under (b) of this section, the commissioner shall reopen, by emergency order, waters for salmon troll fishing as specified in this chapter.

(d) If the department determines that the strength of the coho salmon run in the inshore and terminal salmon fishing waters is less than required to provide a spawning escapement that will maintain the runs on a sustained-yield basis, the department may make additional closures of the salmon troll fishing seasons, periods, and areas.

(e) Notwithstanding the provisions of this section, the department may, for the purpose of allowing the troll fleet to harvest enhanced coho salmon, and in consultation with hatchery operators, define areas where coho salmon retention is permitted during closures under (b) of this section.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 10/1/98, Register 147; am 6/14/2000, Register 154; am 7/26/2003, Register 167; am 7/13/2012, Register 203; am 6/17/2018, Register 226

5 AAC 29.112 Management of chum salmon troll fishery {#sec-5-aac-29.112 omnilex-key=us-ak-regs-official--title-5--5 AAC 29.112}

(a) The commissioner may open, by emergency order, a hatchery chum salmon troll fishery only during the summer coho salmon troll fishery closures specified in 5 AAC 29.110(b)(2).

(b) If the commissioner opens a season under (a) of this section, chum salmon fishing will occur only

(1) in the waters of Sitka Sound and the Eastern Channel east of a line from Vitskari Rock Light at 57° 00.00' N. lat., 135° 32.71' W. long., to Inner Point at 57° 05.52' N. lat., 135° 34.25' W. long., south of a line from Inner Point to Black Rock at 57° 03.14' N. lat., 135° 25.65' W. long., to Signal Island Light at 57° 02.78' N. lat., 135° 23.57' W. long., and north of a line from Cape Burunof at 56° 59.04' N. lat., 135° 23.21' W. long., to Kulichkof Rock at 56° 59.48' N. lat., 135° 26.65' W. long., to Vitskari Rock Light;

(2) in the waters of Neets Bay east of the longitude of Chin Point at 131° 42.10' W. long., and west of the longitude of the easternmost tip of Bug Island at 131° 39.14' W. long.;

(3) in the waters of Crawfish Inlet Terminal Harvest Area south of 56° 47.14' N. lat., in Cedar Pass, northeast of a line from 56° 43.82' N. lat., 135° 16.11' W. long., to 56° 43.49' N. lat., 135° 15.50' W. long., in Middle Channel, and north of a line from 56° 43.01' N. lat., 135° 12.93' W. long., to 56° 43.25' N. lat., 135° 12.18' W. long., in Walker Channel; and

(4) in the waters of West Crawfish Inlet and Windy Passage, southeast of a line from 56° 47.11' N. lat., 135° 18.87' W. long., to 56° 46.89' N. lat., 135° 19.92' W. long., northeast of a line from 56° 45.80' N. lat., 135° 20.06' W. long., to 56° 45.30' N. lat., 135° 17.64' W. long., and northwest of a line from 56° 45.32' N. lat., 135° 16.99' W. long., to 56° 45.36' N. lat., 135° 16.89' W. long., in First Narrows.

(c) When the summer king salmon troll fishery is closed, a person may not have king salmon on board a salmon troll vessel while fishing for chum salmon.

(d) When the summer coho salmon troll fishery is closed, a person may not have coho salmon on board a salmon troll vessel while fishing for chum salmon.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 6/14/2000, Register 154; am 3/11/2001, Register 157; am 7/26/2003, Register 167; am 6/17/2018, Register 226; am 6/21/2020, Register 234; am 11/10/2024, Register 252

5 AAC 29.114 Districts 9, 10, 12 and 14 Enhanced Chum Salmon Troll Fisheries Management Plan {#sec-5-aac-29.114 omnilex-key=us-ak-regs-official--title-5--5 AAC 29.114}

(a) The purpose of the management plan in this section is to give the department direction for the orderly development of enhanced chum salmon troll fisheries during the directed troll fisheries in Cross Sound, Icy Strait, Northern Chatham Strait, and in the waters of Districts 9 and 10 enclosed by a line extending from Cornwallis Point Light at 56° 55.92' N. lat., 134° 16.41' W. long., to a point approximately one nautical mile north of Cornwallis Point Light at 56° 56.80' N. lat., 134° 16.41' W. long., to Pinta Rocks Light at 57° 05.17' N. lat., 134° 00.72' W. long., to Cape Bendel at 57° 04.27' N. lat., 134° 00.72' W. long., while providing for the conservation of wild stocks.

(b) The commissioner may open, by emergency order, the Northern Chatham Strait Fishery Area in District 12 and the Point Couverden Fishery Area in District 14 for up to four weekdays per week beginning on the second Monday in June through the last week in June to the retention of pink and chum salmon only. The Northern Chatham Strait Fishery Area consists of those waters enclosed by a line from 58° 11.29' N. lat., 134° 53.27' W. long. to 58° 10.40' N. lat., 135° 02.63' W. long. to 58° 07.78' N. lat., 135° 00.78' W. long. to 58° 05.81' N. lat., 134° 47.09' W. long. The Point Couverden Fishery Area consists of those waters enclosed by a line from 58° 11.63' N. lat., 135° 09.60' W. long. to 58° 09.58' N. lat., 135° 09.60' W. long. to 58° 07.78' N. lat., 135° 00.78' W. long. to 58° 10.00' N. lat., 135° 02.35' W. long. to 58° 10.00' N. lat., 135° 06.24' W. long. to 58° 11.63' N. lat., 135° 09.60' W. long.

(c) Notwithstanding the provisions of 5 AAC 29.090, the spring troll fisheries in District 14 will be managed to minimize the harvest of wild chum salmon and may be closed to the retention of chum salmon by emergency order based on wild chum salmon abundance.

(d) Participants in Districts 9, 10, 12, and 14 enhanced chum salmon troll fisheries shall comply with the following retention and recordkeeping requirements:

(1) the operator of a salmon troll vessel shall keep the fish caught in each enhanced chum salmon fishery area separate from any other fish on board the vessel;

(2) a fish buyer shall separate fish caught in each enhanced chum salmon fishery area until delivered to the port of landing and shall issue a separate fish ticket for fish caught in each enhanced chum salmon fishery area;

(3) a person may not have king salmon on board a salmon troll vessel when fishing in an area closed to king salmon retention.

(e) Repealed 6/17/2018.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 7/13/2012, Register 203; am 5/9/2015, Register 214; am 6/17/2018, Register 226; am 11/10/2024, Register 252

Article 6 Gear and Vessel Specifications and Registration

5 AAC 29.115 Registration {#sec-5-aac-29.115 omnilex-key=us-ak-regs-official--title-5--5 AAC 29.115}

(a) The owner or operator of a vessel that is to be used to take salmon with hand or power troll gear shall register that vessel before engaging in salmon trolling during a calendar year. The registration is valid for the entire calendar year in which a vessel is registered.

(b) A person may not register a salmon troll fishing vessel simultaneously as a salmon hand troll vessel and power troll vessel. A person may change a salmon troll vessel's registration from one troll gear type to the other troll gear type during the open season if a written request is submitted to, and validated, by the department.

History

Authority: AS 16.05.251
Eff. 10/1/98, Register 147

5 AAC 29.120 Gear specifications and operations {#sec-5-aac-29.120 omnilex-key=us-ak-regs-official--title-5--5 AAC 29.120}

(a) Salmon may be taken by hand troll gear and power troll gear only in the Southeastern Alaska-Yakutat Area.

(b) The maximum number of trolling lines that may be operated from a salmon troll vessel is as follows:

(1) from a power troll vessel:

(A) no more than six lines may be operated in the exclusive economic zone north of the latitude of the southernmost tip of Cape Spencer at 58° 12.63' N. lat.;

(B) except as provided in (A) of this paragraph, no more than four lines;

(C) from each power troll gurdy: only one line to which multiple leaders and hooks may be attached; a person may not use hand troll gurdies or fishing rods to take salmon commercially on board a registered power troll vessel;

(2) from a hand troll vessel:

(A) from each hand troll gurdy: only one line to which multiple leaders and hooks may be attached;

(B) from each fishing rod: only one line with no more than one leader and one lure or two baited hooks per leader; a downrigger may not be used in conjunction with a fishing rod;

(C) an aggregate of no more than four fishing rods or an aggregate of no more than two hand troll gurdies may be operated from a hand troll vessel, except that following the closure of the initial summer fishery king salmon retention period and before the opening of the winter troll fishery under 5 AAC 29.070(b),

(i) an aggregate of no more than four hand troll gurdies may be on board a hand troll vessel; and

(ii) in the waters of the exclusive economic zone north of the latitude of the southernmost tip of Cape Spencer at 58° 12.63' N. lat., no more than four hand troll gurdies may be operated from a hand troll vessel.

(c) A salmon troll vessel may have a fishing rod equipped exclusively for taking bait or a gillnet for taking bait of a mesh size of no more than two and one-half inches and made of no greater than number 20 gillnet thread.

(d) No more than six troll gurdies may be mounted on board any salmon power troll vessel.

(e) Repealed 5/31/2009.

(f) A person may not use a salmon power troll vessel to take salmon with hand troll gear once that vessel has been registered and marked as specified in 5 AAC 29.115 and 5 AAC 39.119, unless that registration has been changed under 5 AAC 29.115(b) and the vessel is marked as specified in 5 AAC 29.125.

(g) For purposes of this section,

(1) a troll gurdy is a spool-type device that is designed to deploy and retrieve troll lines, weights, and lures; the term "troll gurdy"

(A) includes a downrigger; and

(B) does not include a reel attached to a fishing rod;

(2) a hand troll gurdy is a troll gurdy powered by hand or hand crank that is not mounted on or used in conjunction with a fishing rod and is not considered power troll gear;

(3) a fishing rod is a tapering, often jointed, rod equipped with a hand grip and line guides, upon which is mounted a handpowered reel used to deploy and retrieve the trolling line;

(4) a downrigger is a device designed to be used with a fishing rod to deploy a troll line to a selected depth and retrieve the downrigger line and weight.

(h) Repealed 5/26/2006.

(i) Notwithstanding 5 AAC 39.240, a CFEC permit holder or interim-use permit holder may use a registered salmon fishing vessel, when it has fishing gear on board, to tow another registered salmon troll vessel with fishing gear on board if the permit holder for the vessel being towed is on board one of the vessels.

(j) Notwithstanding any other provision in this section, during the winter season, the following hand troll specifications apply:

(1) a downrigger may not be used with a troll gurdy;

(2) a hand troll gurdy or downrigger powered by hand or hand crank may be used in conjunction with a fishing rod, and is not considered power troll gear;

(3) an electric, hydraulic, or power assisted downrigger is considered a power troll gurdy and may not be used in conjunction with a fishing rod;

(4) an aggregate of two rods with the fishing lines extending from the rods and connected to two downriggers or hand troll gurdies using a quick release device designated to release the fishing rod line from the downrigger line may be used;

(5) no more than two troll gurdies, and four rigged fishing rods capable of taking fish, may be on board a salmon hand troll vessel; additional fishing rods may be on board the vessel but may not be rigged for taking fish.

(k) Notwithstanding 5 AAC 39.240(a), a vessel may have on board at the same time hand troll gear or power troll gear as described in this section and drift gillnet gear or purse seine gear as described in 5 AAC 33.331 and 5 AAC 33.332. One or more persons on board the vessel must possess a CFEC permit or interim use permit for Southeastern drift gillnet or purse seine gear and either a hand troll or power troll gear permit. Both gear permits must be in possession on board the vessel and available for inspection by a local representative of the department or a peace officer of the state. Each permit holder on board the vessel must ensure that

(1) fish harvested by one gear type are offloaded, landed, and documented on a fish ticket before operating any other gear type;

(2) any gillnet gear is bagged and stowed below deck before and during operation of troll gear and when troll-caught fish are on board the vessel;

(3) any purse seine gear is removed from the vessel or stored below deck before and during operation of troll gear and when troll-caught fish are on board the vessel;

(4) cannon balls and other troll weights on board the vessel are removed from trolling wires and stored below deck before and during operation of gillnet or seine gear and when fish caught with gillnet or seine gear are on board the vessel.

History

Authority: AS 16.05.251
Eff. 10/1/98, Register 147; am 6/14/2000, Register 154; am 5/26/2006, Register 178; add'l am 5/26/2006, Register 178; am 5/31/2009, Register 190; am 7/13/2012, Register 203; am 7/1/2015, Register 214; am 11/10/2024, Register 252

5 AAC 29.125 Vessel identification {#sec-5-aac-29.125 omnilex-key=us-ak-regs-official--title-5--5 AAC 29.125}

In addition to the requirements of 5 AAC 39.119, a registered salmon hand troll vessel owner shall display the letters HT in block letters on both sides of the vessel's hull or cabin. The letters must be in a color that contrasts with the color of the background and be at least eight inches high, at least one-half inch wide, and be plainly visible and unobscured at all times. The letters must be displayed at all times until the end of the calendar year for which the vessel is registered for a hand troll permit, unless that registration is changed to power troll gear under 5 AAC 29.115(b).

History

Authority: AS 16.05.251
Eff. 10/1/98, Register 147

Article 7 Size and Landing Requirements

5 AAC 29.130 Fish tickets requirements for spring fisheries {#sec-5-aac-29.130 omnilex-key=us-ak-regs-official--title-5--5 AAC 29.130}

Repealed.

History

Eff. 10/1/98, Register 147; repealed 7/1/2015, Register 214

5 AAC 29.140 Size limits, possession, and landing requirements {#sec-5-aac-29.140 omnilex-key=us-ak-regs-official--title-5--5 AAC 29.140}

(a) Unless otherwise specified in this chapter, king salmon taken and retained must measure at least 28 inches from tip of snout to tip of tail (in its natural open position) or 23 inches from the midpoint of the clethral arch to the tip of the tail. Undersized king salmon that are taken must be returned to the water unharmed. A person may not mutilate or otherwise disfigure a king salmon in any manner that would prevent the determination of the minimum size restriction specified in this section.

(b) Except under a permit issued under 5 AAC 29.145(c), the heads of all adipose-fin-clipped salmon must remain attached to the fish until the fish are offloaded from a catcher vessel.

(c) In waters closed to the taking of coho salmon by troll gear, a person may not use a salmon troll vessel to take salmon when coho salmon are on board that vessel.

(d) If the commissioner determines that king salmon in a terminal harvest area are predominately Alaska hatchery-produced, the commissioner may close, by emergency order, a salmon troll fishery in a terminal harvest area and immediately reopen a season during which king salmon no less than 26 inches in length may be retained.

(e) A salmon troll permit holder is not required to offload salmon other than king salmon at the end of a king salmon fishing period. In addition to the requirements of 5 AAC 29.145, a fish ticket must be submitted to the department within seven days after offloading king salmon that includes an estimate of the number and pounds of salmon that remain on board the vessel and a notation that the estimated fish have not been offloaded.

History

Authority: AS 16.05.251
Eff. 10/1/98, Register 147; am 7/26/2003, Register 167

5 AAC 29.145 Permit, reporting, and landing requirements for salmon troll catcher-processor vessels {#sec-5-aac-29.145 omnilex-key=us-ak-regs-official--title-5--5 AAC 29.145}

(a) Notwithstanding the provisions in 5 AAC 39.130, the owner or operator of a catcher-processor vessel shall submit a separate fish ticket for each week that the vessel fished. A fish ticket must document the estimated number and pounds of salmon caught during that week. Fish tickets must be submitted to the department within seven days after the fish are offloaded from the vessel. Fish tickets for fish frozen at sea must be marked "frozen at sea" or "FAS".

(b) The commissioner may require the owner or operator of a catcher-processor vessel to contact the department during an open fishing period to provide catch information needed for inseason management of the fishery. The information required may include the permit holder's name, the vessel's ADF&G number, the districts and subdistricts fished, and the number of salmon, by species, landed on board the vessel.

(c) Notwithstanding 5 AAC 29.140(a) and (b), the owner or operator of a catcher-processor vessel may remove the heads from adipose-fin-clipped salmon under a permit issued by the department.

(d) For the purposes of this section,

(1) "catcher-processor vessel" means a salmon troll vessel on which the permit holder catches and sells processed fish or fish products off that vessel;

(2) "week" means a seven-day period beginning on Sunday 12:01 a.m. and running until Saturday at 11:59 p.m.

History

Authority: AS 16.05.251
Eff. 7/26/2003, Register 167

Article 8 Closed Waters

5 AAC 29.150 Closed waters {#sec-5-aac-29.150 omnilex-key=us-ak-regs-official--title-5--5 AAC 29.150}

(a) Unless otherwise specified in this chapter, the waters listed in this section are closed to the taking of salmon with troll gear, except as follows:

(1) during the winter fishery, the waters listed in this section and within 500 yards of the terminus of any salmon stream are open to trolling, except as specified in 5 AAC 29.080;

(2) during any spring fishery, the waters listed in this section and within 500 yards of the terminus of any salmon stream are open to trolling;

(3) beginning July 1, the waters of District 8 listed in this section are open to trolling during periods that the waters are open to commercial drift gillnet fishing.

(b) District 1:

(1) Behm Canal: waters between a line from Nose Point at 55° 48.32' N. lat., 131° 42.53' W. long., to Snail Point at 55° 49.47' N. lat., 131° 46.25' W. long., and a line from Cactus Point at 55° 33.29' N. lat., 130° 56.59' W. long., to Point Eva at 55° 33.61' N. lat., 130° 52.60' W. long.;

(2) Boca De Quadra: waters east of 130° 50.00' W. long.;

(3) Carroll Inlet: waters north of 55° 24.27' N. lat.;

(4) Willard Inlet, Fillmore Inlet and Edwards Passage: waters north of the latitudes of Male Point at 54° 47.58' N. lat., and of Akeku Point at 54° 50.03' N. lat.;

(5) George Inlet: waters north of the latitude of California Head at 55° 19.57' N. lat.;

(6) Helm Bay and Smugglers Cove: waters west of a line from the southernmost tip of Helm Point at 55° 36.01' N. lat., 131° 53.71' W. long., to Helm Bay Light at 55° 34.84' N. lat., 131° 55.72' W. long., to the Cleveland Peninsula at 55° 34.16' N. lat., 131° 56.42' W. long.;

(7) Hidden Inlet: waters north of the latitude of Hidden Point at 54° 56.75' N. lat.;

(8) Lucky Cove: waters within 1,000 yards of the stream terminus at 55° 12.65' N. lat., 131° 15.95' W long.;

(9) Moser Bay and Long Arm: waters south and east of a line from Cod Point at 55° 34.35' N. lat., 131° 39.45' W. long., to 55° 33.96' N. lat., 131° 40.99' W. long.;

(10) Naha Bay: waters east of 131° 38.30' W. long.;

(11) Nakat Bay: waters north of the latitude of High Point at 54° 47.57' N. lat.;

(12) Port Stewart: waters west of a line from 55° 43.11' N. lat., 131° 49.57' W. long., to 55° 41.52' N. lat., 131° 50.14' W. long.;

(13) Portland Canal: waters north of the latitude of Engineer Point at 55° 47.85' N. lat.;

(14) Ray Anchorage: waters inside a line between 54° 56.67' N. lat., 131° 14.06' W. long., and 54° 55.68' N. lat., 131° 13.02' W. long.;

(15) Raymond Cove: waters west of a line from Mike Point at 55° 37.38' N. lat., 131° 52.90' W. long., to 55° 37.86' N. lat., 131° 51.83' W. long.;

(16) Rudyerd Bay: waters east of 130° 42.45' W. long.;

(17) Smeaton Bar: waters east of 130° 43.50' W. long.;

(18) Thorne Arm: waters north of the latitude of Eve Point at 55° 18.89' N. lat.;

(19) Tombstone Bay: waters of Portland Canal south of the latitude of Turn Point at 55° 24.90' N. lat., and north of the latitude of Breezy Point at 55° 21.50' N. lat.;

(20) Traitors Cove: waters east of 131° 41.88' W. long.;

(21) Vallenar Bay: waters south of a line from 55° 23.75' N. lat., 131° 50.94' W. long., to 55° 22.88' N. lat., 131° 51.92' W. long.;

(22) Very Inlet: waters inside of a line from 54° 57.73' N. lat., 130° 57.73' W. long., to 54° 57.73' N. lat., 130° 56.98' W. long.;

(23) Ward Cove: waters east of a line from 55° 23.95' N. lat., 131° 44.47' W. long., to 55° 23.64' N. lat., 131° 44.05' W. long.

(1) Cholmondeley Sound:

(A) Dora Bay, Kitkun Bay, and Lancaster Cove: waters south of 55° 13.05' N. lat.;

(B) South Arm, West Arm, and Sunny Cove: waters west of 132° 14.47' W. long.;

(2) Kasaan Bay:

(A) Karta Bay: waters west of a line from 55° 33.84' N. lat., 132° 32.70' W. long., to 55° 35.05' N. lat., 132° 29.95' W. long;

(B) Polk Inlet, Paul Bight, and McKenzie Inlet: waters west of the longitude of Khayyam Point at 132° 21.06' W. long.;

(3) Moira Sound:

(A) North Arm: waters north of a line from Crowell Point at 55° 04.14' N. lat., 132° 05.07' W. long., to Point Halliday at 55° 04.80' N. lat., 132° 04.60' W. long.;

(B) Johnson Cove: waters south of 54° 59.72' N. lat.;

(D) South Arm: waters south of 54° 57.00' N. lat.;

(4) Nichols Bay: waters north of 54° 42.12' N. lat.;

(5) Port Johnson and Dolomi Bay: waters west of the longitude of Moss Point at 132° 02.82' W. long.;

(6) Thorne Bay: waters west of 132° 28.58' W. long.;

(7) Tolstoi Bay: waters south of 55° 39.00' N. lat.

(d) District 3:

(1) Devilfish Bay: waters west of 133° 20.00' W. long.;

(2) Edna Bay: waters north of a line from Entrance Light at 55° 56.31' N. Lat., 133° 36.96' W. long., to 55° 55.89' N. lat., 133° 37.78' W. long.;

(3) Eek Inlet: waters west of a line from 55° 08.85' N. lat., 132° 39.34' W. long., to 55° 08.69' N. lat., 132° 39.39' W. long.;

(4) El Capitan and Tuxekan Passages: all contiguous waters east of 133° 20.00' W. long.;

(5) Ham Cove: waters south of a line from 54° 53.00' N. lat., 132° 51.01' W. long., to 54° 52.97' N. lat., 132° 50.84' W. long.;

(6) Hessa Inlet: waters east of the longitude of Whirlpool Point at 132° 17.94' W. long.;

(7) Hetta Harbor: waters east of the longitude of Hetta Point at 132° 35.78' W. long.;

(8) Hetta Inlet: waters north of the latitude of Simmons Point at 55° 12.38' N. lat.;

(9) Hunter Bay: waters east of a line from Turn Point at 54° 52.63' N. lat., 132° 21.80' W. long., to 54° 52.75' N. lat., 132° 21.36' W. long.;

(10) Kasook Inlet: waters north of 55° 01.67' N. lat.;

(11) Keete Inlet: waters east of the longitude of the tip of Keete Point at 132° 33.38' W. long.;

(12) Klakas Inlet: waters north of 55° 00.00' N. lat.;

(13) Klawock Inlet: waters east of 133° 06.38' and north of a line from the northern tip of Wadleigh Island at 55° 35.42' N. lat., 133° 07.83' W. long., to the northern tip of Peratrovich Island at 55° 35.79' N. lat., 133° 06.79' W. long., including Big Salt Lake;

(14) Nossuk Bay: waters south of 55° 44.00' N. lat.;

(15) Nutkwa Inlet: waters north of 55° 06.00' N. lat.;

(16) Port Estrella: waters east of the longitude of Point Providence at 133° 16.00' W. long.;

(17) Port Refugio: waters south and west of a line from Pointe Verde at 55° 18.42' N. lat., 133° 17.84' W. long., to Bocas Point at 55° 17.63' N. lat., 133° 16.45' W. long.;

(18) Port Saint Nicholas: waters east of 133° 04.00' W. long.;

(19) Salt Lake Bay: waters east of 133° 23.37' W. long.;

(20) Shinaku Inlet and Big Salt Lake: waters north of the latitude of Point Ildefonso at 55° 34.11' N. lat., and east of a line from Point Ildefonso at 55° 34.11' N. lat., 133° 15.91' W. long., to 55° 34.71' N. lat., 133° 15.30' W. long.;

(21) Soda Bay: waters east of 133° 00.00' W. long.;

(22) Sukkwan Strait and Natzuhini Bay: waters of Sukkwan Strait west of the longitude of Saltery Point at 132° 48.07' W. long., including South Pass east of the longitude of Goat Island Light at 132° 53.58' W. long., and all waters of North Pass east of a line from 55° 12.35' N. lat., 132° 56.25' W. long., to 55° 12.84' N. lat., 132° 57.54' W. long.;

(23) Tlevak Straits: waters north of 55° 15.00' N. lat.;

(24) Tokeen Bay: waters east of a line from the tip of Holbrook Point at 56° 00.29' N. lat., 133° 28.64' W. long., to 55° 59.86' N. lat., 133° 27.84' W. long., and waters north of 55° 58.54' N. lat., in Marble Pass;

(25) Trocadero Bay: waters east of 133° 01.00' W. long.;

(26) Ulloa Channel: waters east of 133° 10.00' W. long.;

(27) Van Sant Cove: waters within 1,000 yards of the stream terminus at 55° 59.43' N. lat., 133° 32.28' W. long.;

(28) Warm Chuck Inlet: waters north of 55° 44.50' N. lat.;

(29) Waterfall Bay: waters within 1,000 yards of the terminus of Waterfall Creek at 55° 18.24' N. lat., 133° 14.33' W. long.

(e) District 4: Manhattan Arm: waters east of 133° 10.00' W. long.

(f) District 5:

(1) Affleck Canal:

(A) Bear Harbor: waters north and west of a line from 56° 13.37' N. lat., 134° 05.94' W. long. to 56° 13.71' N. lat., 134° 05.18' W. long.;

(B) waters of Kell Bay west of a line from 56° 08. 79' N. lat., 134° 08.51' W. long., to 56° 09.81' N. lat., 134° 08.39' W. long.;

(D) small unnamed bay on the east side: waters east of a line from 56° 11.37' N. lat., 134° 02.06' W. long., to 56° 11.15' N. lat., 134° 01.92' W. long.:

(2) Alvin Bay: waters west of 133° 53.56' W. long.;

(3) Kushneahin Creek: waters east of a line from 56° 27.74' N. lat., 133° 40.24' W. long. to Trouble Island at 56° 27.86' N. lat., 133° 41.04' W. long. to 56° 29.16' N. lat., 133° 40.17' W. long.;

(4) Calder Bay: waters north of 56° 11.18' N. lat.;

(5) El Capitan Passage: waters east of a line from 56° 09.12' N. lat., 133° 27.55' W. long., to 56° 09.24' N. lat., 133° 27.60' W. long.;

(6) Hole in the Wall, northwest coast of Prince of Wales Island: waters east of a line from 56° 15.63' N. lat., 133° 38.60' W. long., to 56° 15.67' N. lat., 133° 38.72' W. long.;

(7) Keku Strait: waters north of 56° 32.00' N. lat. (north end of Monte Carlo Island);

(8) Port Beauclerc:

(A) waters north of 56° 20.00' N. lat.;

(B) waters of the southern arm south of the latitude of 56° 16.94' N. lat.;

(C) waters of the unnamed cove located 0.7 miles west of the northern tip of Edwards Island west of a line from 56° 18.18' N. lat., 133° 58.62' W. long., to 56° 19.28' N. lat., 133° 58.49' W. long.;

(9) Reid Bay: waters west of 133° 53.92' W. long.;

(10) Shipley Bay: waters east of 133° 33.53' W. long.

(g) District 6:

(1) Barnes Lake: waters inside the western side of Stevenson Island south of 56° 03.10' N. lat.;

(2) Duncan Canal: waters north of the latitude of the northern tip of Grief Island at 56° 37.29' N. lat.;

(3) Exchange Cove: waters south of a line from 56° 13.13' N. lat., 133° 03.87' W. long., to 56° 12.87' N. lat., 133° 03.43' W. long.;

(4) Kah Sheets Bay: waters west of a line from 56° 31.47' N. lat., 133° 05.25' W. long., to 56° 29.74' N. lat., 133° 07.31' W. long.;

(5) Lake Bay: waters south and west of a line from Keg Point at 56° 02.02' N. lat., 132° 55.45' W. long., to 56° 01.66' N. lat., 132° 54.47' W. long.;

(6) McHenry Inlet: waters east of 132° 24. 79' W. long.;

(7) Mosman Inlet: waters north of 56° 05.35' N. lat.;

(8) Navy Creek: waters east of a line from 56° 03.48' N. lat., 132° 28.01' W., long., to the southwest tip of South Burnett Island at 56° 03.81' N. lat., 132° 27. 79' W. long., and east of a line from the northern tip of South Burnett Island at 56° 04.08' N. lat., 132° 27.61' W. long., to the southern tip of North Burnett Island at 56° 04.17' N. lat., 132° 27.59' W. long., and south of a line from the northern tip of North Burnett Island at 56° 04.47' N. lat., 132° 27.84' W. long., to 56° 04.50' N. lat., 132° 27.59' W. long.;

(9) Ratz Harbor: waters south and west of a line from 55° 53.03' N. lat., 132° 35.64' W. long., to 55° 53.27' N. lat., 132° 35.92' W. long.;

(10) Red Bay: waters south of the latitude of Pine Point at 56° 20.14' N. lat.;

(11) Rocky Bay, west coast of Etolin Island: waters north of a line from 56° 04.39' N. lat., 132° 36.67' W. long., to 56° 04.38' N. lat., 132° 36.20' W. long.;

(12) Salmon Bay: waters within a line extending from 56° 17.39' N. lat., 133° 08.30' W. long., to Rookery Island at 56° 18.81' N. lat., 133° 07.22' W. long., to 56° 19.08' N. lat., 133° 09.82' W. long.;

(13) Steamer Bay: waters south of a line from 56° 10.28' N. lat., 132° 41.66' W. long., to Point Harrington at 56° 10.25' N. lat., 132° 43.55' W. long.;

(14) Totem Bay: waters north and east of a line from Totem Point at 56° 27.07' N. lat., 133° 26.07' W. long., to the southern tip of Shingle Island at 56° 26.29' N. lat., 133° 23.57' W. long., to Mitchell Point at 56° 26.85' N. lat., 133° 12.08' W. long.;

(15) Whale Pass: waters at the southern entrance west of 132° 59.16' W. long. and at the northern entrance west of the longitude of the northernmost tip of Thorne Island at 133° 03.53' W. long.

(h) District 7:

(1) Blake Channel, Eastern Passage, and Bradfield Canal: waters south and east of a line from Babbler Point at 56° 29.08' N. lat., 132° 17.37' W. long., to Hour Point at 56° 27.73' N. lat., 132° 16.79' W. long., and north and east of a line from 56° 10.80' N. lat., 131° 55.50' W. long., to 56° 12.12' N. lat., 131° 55.50' W. long., from April 16 through September 30;

(2) Canoe Pass and Fishermen's Chuck: waters north of 56° 00.00' N. lat., and west of a line from 56° 02.39' N. lat., 132° 12.06' W. long., to 56° 02.62' N. lat., 132° 12.16' W. long.;

(3) Emerald Bay: waters east of a line from 55° 53.62' N. lat., 132° 02.73' W. long., to 55° 52.89' N. lat., 132° 03.30' W. long.;

(4) Fool's Inlet: waters north of a line from 56° 12.48' N. lat., 132° 02.10' W. long., to 56° 12.74' N. lat., 132° 01.22' W. long.:

(5) Menefee Inlet: waters north of 56° 05.00' N. lat.;

(6) Olive Cove: waters south of a line from 56° 11.55' N. lat., 132° 19.17' W. long., to 56° 11.39' N. lat., 132° 18.75' W. long.;

(7) Santa Anna Inlet: waters south of the latitude of the tip of Point Santa Anna at 55° 59.77' N. lat.;

(8) Thom's Place, Zimovia Strait: waters north of 56° 09.63' N. lat.;

(9) Union Bay: waters south of a line from 55° 44.78' N. lat., 132° 14.23' W. long., to 55° 45.54' N. lat., 132° 11.27' W. long.;

(10) Vixen Inlet: waters east of the longitude of the westernmost tip of Sunshine Island at 132° 05.28' W. long.

(i) District 8:

(1) Blind Slough: waters north of a line from 56° 30.71' N. lat., 132° 43.48' W. long., to 56° 31.88' N. lat., 132° 40.66' W. long.;

(2) Stikine River: waters north and west of a line from Babbler Point at 56° 29.08' N. lat., 132° 17.37' W. long., to Hour Point at 56° 27.73' N. lat., 132° 16.79' W. long., north and east of a line from Point Highfield at 56° 29.34' N. lat., 132° 23.36' W. long., to the southern end of Liesnoi Island at 56° 29.83' N. lat., 132° 29.19' W. long., to the southern end of Greys Island at 56° 30.67' N. lat., 132° 33.05' W. long., to the small island near the eastern entrance of Blind Slough at 56°31.83' N. lat., 132° 40.17' W. long., to the nearest point on Mitkof Island at 56° 31.88' N. lat., 132° 40.66' W. long., and south and east of a line from the prominent point on Mitkof lsland nearest Coney Island at 56° 40.77' N. lat., 132° 39.28' W. long., to the western end of Coney Island at 56° 41.62' N. lat., 132° 38.92' W. long., to a point 800 yards north of Japanese Creek on the mainland shore at 56° 46.62' N. lat., 132° 37.11' W. long.;

(3) Babbler Point: waters within one-quarter mile of the mainland shoreline south and east of 56° 30.47' N. lat., from the first Monday in May through the second Saturday in June;

(4) Wrangell Harbor: waters within one-quarter mile of the shoreline on the western side of Wrangell Island, south of the latitude of Point Highfield at 56° 29.34' N. lat., and north of the latitude of Cemetery Point at 56° 27.25' N. lat., from the first Monday in May through the second Saturday in June;

(5) Greys Pass: waters west of the longitude from the northernmost tip of Greys Island at 56° 31.53' N. lat., 132° 32.32' W. long., to Rynda Island at 56° 31.74' N. lat., 132° 32.32' W. long., and waters north and east of a line from the southernmost tip of Greys Island at 56° 30.67' N. lat., 132° 33.05' W. long., to 56° 30.52' N. lat., 132° 34.37' W. long., on Sokolof Island, to the southernmost point on Rynda Island at 56° 31.47' N. lat., 132° 33.81' W. long., from the first Monday in May through the second Saturday in June;

(6) Woodpecker Cove: waters of Sumner Strait north of a line from 56° 30.02' N. lat., 132° 53.89' W. long., to Point Howe at 56° 29.68' N. lat., 132° 49.03' W. long., to the southeasternmost tip of Station Island at 56° 29.55' N. lat., 132° 46.24' W. long., and west of a line from Station Island Light at 56° 29.66' N. lat., 132° 45.81' W. long., to a point on Mitkof Island at 56° 30.41' N. lat., 132° 44.88' W. long., from the first Monday in May through the second Saturday in June, for the entirety of a salmon troll fishing period when the drift gillnet fishery is open for more than 48 hours;

(7) Beacon Point/Frederick Point: waters of Frederick Sound west of a line from the District 10 boundary line one nautical mile off Kupreanof Island shoreline at 56° 57.27' N. lat., 132° 58.96' W. long., to Sukoi Island Light at 56° 53.73' N. lat., 132° 56.64' W. long., to Frederick Point at 56° 47.55' N. lat., 132° 49.27' W. long., from the first Monday in May through the second Saturday in June.

(j) District 9:

(1) Bay of Pillars: waters east of 134° 11.74' W. long.;

(2) Deep Cove: waters west of 134° 43.63' W. long.;

(3) Eliza Harbor: waters north of 57° 14.30' N. lat.;

(4) Gedney Harbor: waters east of 134° 14.80' W. long.;

(5) Gut Bay: waters west of 134° 43.47' W. long.;

(6) Hamilton Bay: waters south of the latitude of Point Hamilton at 56° 54.11' N. lat.;

(7) Kadake Bay: waters south of a line from 56° 48.90' N. lat., 133° 58.06' W. long., to 56° 48.38' N. lat., 133° 56.58' W. long.;

(8) Little Pybus Bay: waters north of 57° 14.72' N. lat.;

(9) Murder Cove: waters north of 57° 01.72' N. lat.;

(10) Patterson Bay: waters north of 56° 36.73' N. lat.;

(11) Port Camden: waters south of 56° 41.67' N. lat.;

(12) Port Malmesbury: waters east of a line from 56° 18.90' N. lat., 134° 10.84' W. long., to 56° 19.59' N. lat., 134° 11.42' W. long.;

(13) Port Walter and Little Port Walter: waters west of a line from 56° 23.25' N. lat., 134° 38.20' W. long. to 56° 23.71' N. lat., 134° 38.38' W. long.;

(14) Red Bluff Bay: waters west of 134° 45.47' W. long.;

(15) Rowan Bay: waters north and east of a line from 56° 40.55' N. lat., 134° 15.20' W. long., to 56° 39.75' N. lat., 134° 13.48' W. long.;

(16) Skanax Bay: waters south and east of a line from 56° 51.72' N. lat., 134° 11.39' W. long., to the southwesternmost tip of an unnamed island at 56° 52.70' N. lat., 134° 09.67' W. long., and east of a line from the northwesternmost tip of the same unnamed island at 56° 52.91' N. lat., 134° 09.71' W. long., to 56° 53.25' N. lat., 134° 10.14' W. long.;

(17) Security Bay: waters south of the latitude of Expedition Point at 56° 50.62' N. lat.;

(18) Tebenkof Bay:

(A) Elena Bay: waters north and east of a line from 56° 29.88' N. lat., 134° 06.61' W. long., to Elena Point at 56° 28.95' N. lat., 134° 05.66' W. long.;

(B) Petrof Bay: waters south of 56° 22.42' N. lat.;

(k) District 10:

(1) Dry Bay: waters east of 133° 01.92' W. long., and north of 57° 02.82' N. lat.;

(2) Farragut Bay: waters of Francis Anchorage inside a line from 57° 08.70' N. lat., 133° 10.45' W. long., to 57° 08.65' N. lat., 133° 11.82' W. long.;

(3) Gambier Bay:

(A) waters west of 134° 00.06' W. long.;

(B) waters of Snug Cove south of a line from Scald Point at 57° 25.98' N. lat., 133° 58.52' W. long., to the northwest tip of Pain Island at 57° 26.06' N. lat., 133° 57.35' W. long., to a point on Admiraltv Island at 57° 26.04' N. lat., 133° 56.85' W. long.;

(4) Hobart Bay: waters east of 133° 23.71' W. long.;

(5) Port Houghton:

(A) waters south of the latitude and east of the longitude of a point on the southern tip of Walter Island at 57° 18.20' N. lat., 133° 17.01' W. long.;

(B) waters east of a line from 57° 19.62' N. lat., 133° 11.27' W. long., to 57° 19.96' N. lat., 133° 11.72' W. long.;

(6) Pybus Bay: waters of Cannery Cove and West Arm north and west of a line from 57° 18.34' N. lat., 134° 07.88' W. long., to an unnamed island at 57° 18.70' N. lat., 134° 07.58' W. long., and then to a point at 57° 19.29' N. lat., 134° 06.36' W. long.;

(7) Windham Bay: waters east of a line from 57° 35.01' N. lat., 133° 27.35' W. long., to 57° 35.14' N. lat., 133° 27.49' W. long.

(l) District 11:

(1) Limestone Inlet: waters east of a line from 58° 01.75' N. lat., 133° 59.40' W. long., to 58° 02.04' N. lat., 133° 59.60' W. long.;

(2) Port Snettisham:

(A) Speel River: waters north and west a line from 58° 07.09' N. lat., 133° 44.11' W. long., to 58° 07.59' N. lat., 133° 42.80' W. long.;

(B) Gilbert Bay: waters east and south of a line from Sentinel Point at 57° 59.72' N. lat., 133° 45.65' W. long., to 58° 01.45' N. lat., 133° 45.33' W. long.;

(3) Seymour Canal:

(A) Mole Harbor: waters west and south of a line from the easternmost tip of Flaw Point at 57° 40.54' N. lat., 134° 02.74' W. long., to 57° 39.40' N. lat., 134° 00.73' W. long.;

(B) Pleasant Bay: waters west and south of a line from 57° 38.83' N. lat., 133° 59.72' W. long., to 57° 38.43' N. lat., 133° 58.66' W. long.;

(4) Slocum Inlet: waters east of a line from 58° 08.35' N. lat., 134° 04.33' W. long., to 58° 07.80' N. lat., 134° 04.42' W. long.;

(5) Taku Harbor: waters east and north of a line from 58° 03.77' N. lat., 134° 01.50' W. long., to 58° 03.77' N. lat., 134° 02.04' W. long.;

(6) Taku Inlet: waters north and east of a line from the Annex Creek Power House at 58° 19.06' N. lat., 134° 05.93' W. long., to 58° 17.60' N. lat., 134° 00.78' W. long.

(m) District 12:

(1) Basket Bay: waters inside a line from 57° 39.78' N. lat., 134° 53.97' W. long., to 57° 39.28' N. lat., 134° 54.01' W. long.;

(2) Chaik Bay: waters east of 134° 30.53' W. long.;

(3) False Bay: waters west of a line from 57° 58.53' N. lat., 134° 54.92' W. long., to 57° 57.03' N. lat., 134° 55.43' W. long.;

(4) Freshwater Bay: waters west and north of a line from 57° 53.23' N. lat., 135° 07.92' W. long., to 57° 54.88' N. lat., 135° 05.97' W. long.;

(5) Kelp Bay, Middle Arm, and South Arm: waters west of 134° 57.07' W. long.;

(6) Warm Springs Bay: waters west of 134° 46.79' W. long.;

(7) Whitewater Bay: waters east and south of a line from Point Caution at 57° 14.79' N. lat., 134° 38.22' W. long., to 57° 15.41' N. lat., 134° 36.46' W. long.;

(8) Wilson Cove: waters east of the longitude of Point Wilson at 134° 38.29' W. long.;

(9) Wukuklook Creek: waters north and west of a line from 57° 55.18' N. lat., 134° 55.69' W. long., to Flints Point at 57° 54.45' N. lat., 134° 57.48' W. long.

(n) District 13:

(1) Black Bay: waters north and east of a line from 57° 42.54' N. lat., 136° 09.28' W. long., to 57° 42.35' N. lat., 136° 09.10' W. long.;

(2) Big Branch Bay: waters north and east of a line from 56° 19.47' N. lat., 134° 50.53' W. long., to 56° 19.31' N. lat., 134° 50.16' W. long.;

(3) Deep Bay: waters west of a line from 57° 26.83' N. lat., 135° 37.38' W. long., to 57° 26.47' N. lat., 135° 37.85' W. long.;

(4) Fick Cove: waters south and west of a line from 57° 37.82' N. lat., 135° 39.70' W. long., to 57° 38.42' N. lat., 135° 40.77' W. long.;

(5) Fish Bay: waters east of 135° 35.17' W. long.;

(6) Goulding Harbor: waters north of a line from 57° 46.32' N. lat., 136° 15.17' W. long., to 57° 46.39' N. lat., 136° 15.54' W. long.;

(7) Hanus Bay: waters south of a line from 57° 25.47' N. lat., 134° 59'.11 W. long., to 57° 25.28' N. lat., 135° 03.73' W. long.;

(8) Hoonah Sound: waters west and north of a line from 57° 44.16' N. lat., 135° 43.76' W. long., to 57° 43.70' N. lat., 135° 44.78' W. long.;

(9) Katlian Bay: waters north and east of a line from 57° 09.45' N. lat., 135° 22.66' W. long., to 57° 09.08' N. lat., 135° 21.83' W. long.;

(10) Nakwasina Passage: waters north and east of a line from 57° 14.17' N. lat., 135° 29.96' W. long., to 57° 14.87' N. lat., 135° 30.56' W. long.;

(11) Nakwasina Sound: waters north and east of a line from 57° 11.65' N. lat., 135° 23.61' W. long., to 57° 12.20' N. lat., 135° 24.73' W. long.;

(12) Patterson Bay: waters west of a line from 57° 40.40' N. lat., 135° 42.71' W. long., to 57° 39.52' N. lat., 135° 42.28' W. long.;

(13) Port Banks: waters south and east of a line from 56° 36.11' N. lat., 135° 00.44' W. long., to 56° 35.86' N. lat., 135° 01.17' W. long.;

(14) Redfish Bay: waters north and west of a line from 56° 20.68' N. lat., 134° 51.54' W. long., to 56° 20.80' N. lat., 134° 51.16' W. long.;

(15) Redoubt Bay: waters east of 135° 18.88' W. long.;

(16) Rodman Bay: waters west and south of a line from 57° 28.37' N. lat., 135° 21.05' W. long., to 57° 28.87' N. lat., 135° 21.72' W. long.;

(17) Salt Lake Lagoon, Takanis Bay: waters north and east of a line from 57° 55.11' N. lat., 136° 30.43' W. long., to 57° 55.46' N. lat., 136° 31.08' W. long.;

(18) Saook Bay: waters west and south of a line at 57° 26.21' N. lat., 135° 11.60' W. long., to 57° 26.71' N. lat., 135° 12.42' W. long.;

(19) Sister Lake: waters inside a line from 57° 37.59' N. lat., 136° 00.80' W. long., to 57° 38.00' N. lat., 136° 00.84' W. long.;

(20) Sitkoh Bay: waters west of a line from 57° 29.19' N. lat., 134° 53.71' W. long., to 57° 29.64' N. lat., 134° 53.51' W. long.;

(21) Stag Bay: waters east of 136° 21.42' W. long.;

(22) Starrigavan Bay: waters east of a line from the ferry terminal dock at 57° 07.76' N. lat., 135° 22.82' W. long. to 57° 08.39' N. lat., 135° 22.59' W. long.;

(23) Still Harbor: waters south and east of a line from 56° 33.18' N. lat., 135° 02.71' W. long., to 56° 33.63' N. lat., 135° 02.42' W. long.;

(24) Ushk Bay: waters west of 135° 35.00' W. long.;

(25) Waterfall Cove, Slocum Arm: waters north and east of a line from 57° 31.27' N. lat., 135° 56.17' W. long., to 57° 30.92' N. lat., 135° 55.18' W. long.

(o) District 14:

(1) Dundas Bay: waters north of 58°19.94' N. lat.;

(2) Mud Bay: waters south of the latitude of Quartz Point at 58° 12.96' N. lat.

(p) District 15:

(1) Chilkat Inlet: waters north of the latitude of Letnikof Cove Light at 59° 10.42' N. lat.;

(2) Lutak Inlet: waters northwest of a line between Tanani Point at 59° 16.39' N. lat., 135° 26.46' W. long., and Taiya Point at 59° 17.27' N. lat., 135° 24.12' W. long.

History

Authority: AS 16.05.251
Eff. 10/1/98, Register 147; am 3/11/2001, Register 157; add'l am 3/11/2001, Register 157; am 7/26/2003, Register 167; am 5/26/2006, Register 178; am 5/31/2009, Register 190; am 9/24/2021, Register 239; am 7/28/2023, Register 247

Article 9 Salmon Trolling in Hatchery Special Harvest Areas

5 AAC 29.200 Salmon trolling in hatchery special harvest areas {#sec-5-aac-29.200 omnilex-key=us-ak-regs-official--title-5--5 AAC 29.200}

Salmon trolling in special harvest areas near hatcheries and release sites is permitted only as specified in the terminal harvest management plans set out in 5 AAC 33.369 - 5 AAC 33.387, except as specified by emergency order.

History

Authority: AS 16.05.251
Eff. 10/1/98, Register 147; am 7/26/2003, Register 167; am 2/22/2015, Register 213

Chapter 30 Yakutat Area

Article 1 Description of Area

5 AAC 30.001 Application of this chapter {#sec-5-aac-30.001 omnilex-key=us-ak-regs-official--title-5--5 AAC 30.001}

History

Authority: AS 16.05.251

5 AAC 30.100 Description of area {#sec-5-aac-30.100 omnilex-key=us-ak-regs-official--title-5--5 AAC 30.100}

The Yakutat Area consists of all waters of Alaska within an area that has as its western boundary the longitude of Cape Suckling (144° W. long.), and as its southern boundary a line extending seaward from the western tip of Cape Fairweather, at 58° 47.89' N. lat., 137° 56.68' W. long., to the intersection with the seaward limit of the three-nautical-mile territorial sea at 58° 45.96' N. lat., 138° 01.40' W. long.

History

Authority: AS 16.05.251

Article 2 Fishing Districts

5 AAC 30.200 Fishing districts {#sec-5-aac-30.200 omnilex-key=us-ak-regs-official--title-5--5 AAC 30.200}

(a) Yakataga District: all waters of Alaska between the longitude of Cape Suckling (144° W. long.) and the longitude of Icy Cape (141° 42' W. long.).

(b) Yakutat District: all waters of Alaska between the longitude of Icy Cape (141 ° 42' W. long.) extending seaward from the western tip of Cape Fairweather at 58° 47.89' N. lat., 137° 56.68' W. long., to the intersection with the seaward limit of the three-nautical-mile territorial sea at 58° 45.96' N. lat., 138° 01.40' W. long.

History

Authority: AS 16.05.251

Article 3 Salmon Fishery

5 AAC 30.310 Fishing seasons {#sec-5-aac-30.310 omnilex-key=us-ak-regs-official--title-5--5 AAC 30.310}

(a) Salmon may be taken by set gillnets only as follows:

(1) in the Yakataga District, the opening and closing dates will be established by emergency order;

(2) in the Yakutat District,

(A) in the Alsek River and waters three-quarters of a mile on either side of the river mouth seaward to the outermost bar at mean low tide, from the second Sunday in May until closed by emergency order, except that from the second Sunday in May through the first Saturday in June, the commissioner may open, by emergency order, set gillnet fishing periods in the Alsek River subject to the following provisions:

(i) set gillnet fishing periods are subject to the provisions of the Pacific Salmon Treaty specified in 5 AAC 33.361;

(ii) fishing periods will begin at 12:01 p.m. from the second Sunday in May through the first Saturday in June;

(iii) notwithstanding 5 AAC 75.003(2)(A), if the set gillnet fishery is opened under this paragraph, from the second Sunday in May through the first Sunday in June, the commissioner may, by emergency order, increase the sport fishery bag and possession limits and liberalize method and means for harvest of salmon;

(B) in the Dangerous River and in Yakutat Bay south of 59° 40' N. lat., from the second Sunday in June until closed by emergency order;

(C) Situk-Ahrnklin Inlet, Lost River, and Yakutat Bay north of 59° 40' N. lat., from the third Sunday in June until closed by emergency order;

(D) Italio River, the opening and closing dates will be established by emergency order;

(E) in the East River and waters two miles on either side of the river mouth seaward for a distance of 500 yards, and in the remainder of the district, from the fourth Sunday in June until closed by emergency order.

(b) Repealed 10/1/98.

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 30.320 Fishing periods {#sec-5-aac-30.320 omnilex-key=us-ak-regs-official--title-5--5 AAC 30.320}

Salmon may be taken by set gillnets during the open fishing season only as follows:

(1) in the Yakataga District, from 9:00 a.m. Sunday through 9:00 a.m. Wednesday, except that in the Tsiu River, salmon may be taken only from 9:00 a.m. Sunday to 9:00 a.m. Monday and from 9:00 a.m. Tuesday to 9:00 a.m. Wednesday;

(2) in the Yakutat District,

(A) from the season opening through the first Sunday in August, salmon may be taken only from 6:00 a.m. Sunday through 6:00 p.m. Tuesday, except that

(i) in the Alsek River and adjacent open ocean waters, salmon may be taken only from 12:01 p.m. Sunday through 12:00 noon Thursday; and

(ii) in the East River and adjacent open waters, salmon may be taken only from 12:01 p.m. Sunday through 12:00 noon Wednesday;

(B) from the first Sunday in August until the closing date, salmon may be taken from 12:01 p.m. Sunday through 12:00 noon Wednesday;

(3) repealed 6/28/97.

History

Authority: AS 16.05.251

5 AAC 30.330 Gear {#sec-5-aac-30.330 omnilex-key=us-ak-regs-official--title-5--5 AAC 30.330}

Except as provided in 5 AAC 29, salmon may be taken only by set gillnets.

History

Authority: AS 16.05.251

5 AAC 30.331 Gillnet specifications and operations {#sec-5-aac-30.331 omnilex-key=us-ak-regs-official--title-5--5 AAC 30.331}

(a) A set gillnet with a mesh size smaller than eight inches may not be more than 45 meshes in depth and a set gillnet with a mesh size eight inches or larger may not be more than 35 meshes in depth, except that after July 1, in the waters of Yakutat Bay, a set gillnet of all mesh sizes may not be more than 60 meshes in depth. The individual and aggregate lengths of any and all set gillnets on board a vessel or operated by a person may not be more than one of the following in hung measure:

(1) in the Yakutat District,

(A) in the waters of Yakutat Bay, Monti Bay, and Disenchantment Bay, east and north of a line from the southernmost point of Ocean Cape to Point Manby at 59° 41.60' N. lat., 140° 18.30' W. long., only one set gillnet that does not exceed 75 fathoms in length;

(B) in Situk-Ahrnklin Inlet and Lost River, only one set gillnet that does not exceed 20 fathoms in length, except that in the Situk-Ahrnklin Inlet, two set gillnets, neither of which may exceed 20 fathoms in length, may be operated during periods established by emergency order;

(C) in the Yahtze River, the Yana River, and the Malaspina Lake drainage, only one set gillnet that does not exceed 25 fathoms in length;

(D) in the Dangerous River, a single set gillnet may not be less than 10 fathoms or more than 25 fathoms in length; a salmon interim-use or entry permit holder may not operate more than 75 fathoms of set gillnet in aggregate length;

(E) in the Akwe River, only one set gillnet that does not exceed 15 fathoms in length;

(F) in the East River, only one set gillnet that does not exceed 20 fathoms in length; except that starting the first Sunday in September, two set gillnets that do not each exceed 20 fathoms in length and an aggregate length not to exceed 40 fathoms;

(G) repealed 4/8/79;

(H) in other waters of the district, including the surf line beyond the outermost bars at mean low tide, only one set gillnet that does not exceed 15 fathoms in length;

(I) in the Alsek River, a single gillnet may not be less than 10 fathoms or more than 25 fathoms in length, and

(i) before the third Sunday in July, a CFEC salmon permit holder may not operate more than three set gillnets, and the aggregate length of set gillnets may not exceed 50 fathoms;

(ii) from the third Sunday in July, a CFEC salmon permit holder may not operate more than 75 fathoms of set gillnet in the aggregate;

(J) in the Sudden River, only one set gillnet that does not exceed 25 fathoms in length, except that starting the first Sunday in August, two set gillnets that do not each exceed 25 fathoms in length and an aggregate length not to exceed 50 fathoms;

(K) notwithstanding 5 AAC 39.240(a), a person may assist in the operation or transportation of additional set gillnet gear when the CFEC interim-use or entry permit card holder of the additional gear is present in compliance with 5 AAC 39.107;

(2) in the Yakataga District,

(A) in the Tsiu River, only one set gillnet that does not exceed 15 fathoms in length;

(B) in the Eight Mile River, only one set gillnet that does not exceed 15 fathoms in length;

(b) A set gillnet may not obstruct more than two-thirds of a salmon migratory waterway, except that in the Tsiu River, a set gillnet may not obstruct more than one-half of the waterway. The provisions of this subsection apply in the intertidal zone at all stages of the tide.

(c) A set gillnet shall be operated in substantially a straight line, except that in Disenchantment Bay and Yakutat Bay a set gillnet may have no more than 15 fathoms of its length used as a single hook.

(d) Repealed 4/15/81.

(e) The operation of each set gillnet shall be performed or assisted by the fisherman who holds the valid interim-use or entry permit card for that gear.

(f) In the Alsek River, salmon may be taken only with gillnets of six inch or smaller mesh size during seasons established by emergency order.

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 30.334 Identification of gear {#sec-5-aac-30.334 omnilex-key=us-ak-regs-official--title-5--5 AAC 30.334}

Each set gillnet in operation must be marked as required by 5 AAC 39.280.

History

Authority: AS 16.05.251(a)

5 AAC 30.335 Minimum distance between units of gear {#sec-5-aac-30.335 omnilex-key=us-ak-regs-official--title-5--5 AAC 30.335}

No part of a set gillnet may be set or operated within 100 yards of any part of another set gillnet, except that in the Tsiu and East Rivers, no part of a set gillnet may be set or operated within 75 yards of any part of another gillnet.

History

Authority: AS 16.05.251(a)

5 AAC 30.340 Gillnet operation in surfline areas {#sec-5-aac-30.340 omnilex-key=us-ak-regs-official--title-5--5 AAC 30.340}

(a) Unless otherwise specified in this chapter, the provisions of this chapter, as applied to each river fishery, also apply to the area within a radius of one-half mile from the terminus of that river.

(b) In the East River, set gillnet pulley systems may not be used within 100 yards of the river mouth as measured at the river terminus at mean low tide.

History

Authority: AS 16.05.251

5 AAC 30.345 Requirements and specifications for operation of two units of set gillnet gear in Yakutat Area {#sec-5-aac-30.345 omnilex-key=us-ak-regs-official--title-5--5 AAC 30.345}

(a) A CFEC permit holder who holds two Yakutat Area set gillnet permits may operate two units of set gillnet gear as described in 5 AAC 30.331, 5 AAC 30.334, 5 AAC 30.335, 5 AAC 30.340, and this section.

(b) Before operating two units of set gillnet gear under this section, the holder of two Yakutat Area set gillnet permits shall register by contacting a local representative of the department at the department's Yakutat office and providing the information required by the department. Before terminating the operation of two units of set gillnet gear under this section and operating only a single unit of set gillnet gear, the permit holder shall contact a local representative of the department at the department's Yakutat office and provide the information required by the department.

(1) is responsible for ensuring that both units of set gillnet gear are operated in a lawful manner; and

(2) shall clearly mark the buoy on the outer end of each set gillnet as described in 5 AAC 39.280, including both of the CFEC permit holders five-digit permit serial numbers followed by the letter "D", in numbers and letters that are displayed in a manner that is plainly visible, unobscured, and in a color that contrasts with the background.

(d) The operation of two units of set gillnet gear by a CFEC permit holder under this section is only allowed in the Situk-Ahrnklin Inlet, the marine waters of Yakutat Bay north of a line from Point Manby to Ocean Cape, and the Kaliakh River, except that when the projected escapement of king salmon in the Situk River is less than 750 fish, 28 inches or greater in length, the operation of two units of set gillnet gear under this section will only be allowed in the Kaliakh River.

(e) Repealed 6/17/2018.

History

Authority: AS 16.05.251
Eff. 7/13/2012, Register 203; am 5/9/2015, Register 214; am 6/17/2018, Register 226

5 AAC 30.350 Closed waters {#sec-5-aac-30.350 omnilex-key=us-ak-regs-official--title-5--5 AAC 30.350}

(a) Salmon may not be taken in the following waters:

(1) Alsek River: upstream starting at three miles below the southern end of "basin";

(2) Situk River: upstream of a line from the ADF&G regulatory marker located on the western bank of the Situk River mouth near the Yakutat Seafoods buying station, to an ADF&G regulatory marker buoy anchored in the channel directly off the mouth of the Situk River, to an ADF&G regulatory marker on the cut bank on the eastern side of the mouth of Johnston Slough;

(3) Ankau Inlet: inside of a line from ADF&G regulatory markers located across the terminus of Ankau Inlet at mean low water;

(4) Italio Rivers:

(A) upstream from the ADF&G regulatory markers located one and one-half miles from the terminus of the Middle Italio River at mean low water;

(B) downstream from the ADF&G regulatory markers located 200 yards upstream from the New Italio River's confluence with the Akwe River lagoon; and

(C) upstream of the ADF&G regulatory markers located 500 yards upstream from the New Italio River's confluence with the Akwe River lagoon;

(5) East River: upstream from ADF&G regulatory markers located approximately one mile downstream from the westernmost tip of Steve's Island at 138° 25.25' W. long.;

(6) Akwe River: downstream from ADF&G regulatory markers located approximately 500 yards above the confluence with the New Italio River and upstream of ADF&G regulatory markers located approximately two and one-half miles downstream from the westernmost end of the Sand Dunes;

(7) Lost River: upstream from ADF&G regulatory markers located in the Situk-Ahrnklin Inlet approximately 100 yards downstream from the terminus of the river, except that, after the closure of the fishing period for the Situk-Ahrnklin Inlet during the second week of July through the remainder of the season, upstream from ADF&G regulatory markers located in the Situk-Ahrnklin Inlet approximately 500 yards downstream from the terminus of the river;

(8) Old Village Lagoon: upstream from the road;

(9) salmon may not be taken with set gillnets in those waters of the Yakutat District south of the latitude of the Dangerous River (59° 20.83' N. lat.) that are seaward of mean higher high tide except as indicated as open to commercial salmon fishing by ADF&G regulatory markers;

(10) Kaliakh River: upstream of ADF&G regulatory markers located approximately 500 yards downstream of the mouth of the Chiuki River (Stink Creek);

(11) Dangerous River: upstream of the Dangerous River Bridge;

(12) Tsiu/Tsivat River: north of 60° 05.34' N. lat., and west of 143° 03.66' W. long.;

(13) waters of Sudden Stream including all waters of Malaspina Lake upstream of a line from 59° 48.26' N. lat., 139° 59.35' W. long., to 59° 48.33' N. lat., 139° 59.24' W. long.

(b) Repealed 10/1/98.

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 30.365 Situk-Ahrnklin Inlet and Lost River King Salmon Fisheries Management Plan {#sec-5-aac-30.365 omnilex-key=us-ak-regs-official--title-5--5 AAC 30.365}

(a) The purpose of the management plan in this section is to provide for the biological escapement goal requirements of spawning king salmon to the Situk-Ahrnklin River systems. This management plan provides guidelines to the department in an effort to preclude allocation conflicts between the various user groups of the king salmon resource. Action points and associated ranges within the plan are intended to be based on the current king salmon escapement goal ranges for the Situk River system.

(b) The biological escapement goal for the Situk River king salmon is 730 fish three ocean years of age or older, with a range of 450 - 1,050 fish.

(1) until at least 450 king salmon three ocean years of age or older have passed the Situk River weir located approximately two miles upstream of the mouth,

(A) the sport fishery for king salmon in the Situk River is closed;

(B) retention of king salmon in the subsistence and commercial set gillnet fisheries in the Situk-Ahmklin Inlet and Lost River is prohibited;

(C) the commercial troll fishery shall be closed in the waters of Alaska bounded on the west by the three-nautical-mile limit of the territorial sea and on the north by a line extending seaward from 59° 30.49' N. lat., 139° 46.58' W. long., and intersecting the three-nautical-mile limit at 59° 28.44' N. lat., 139° 51.68' W. long., and on the south by a line extending seaward from 59° 21.07' N. lat., 139° 19.73' long., and intersecting the three-nautical-mile limit at 59° 19.08' N. lat., 139° 24.98' W. long.; and

(D) weekly fishing periods in the Situk-Ahrnklin Inlet and Lost River commercial set gillnet fisheries may be restricted;

(2) when at least 450 king salmon three ocean years of age or older have passed the Situk River weir located approximately two miles upstream of the mouth,

(A) retention of king salmon may open, by emergency order, in the subsistence fishery and shall open before a sport or commercial opening;

(B) retention of king salmon may open, by emergency order, in the commercial set gillnet fisheries in the Situk-Ahrnklin Inlet and Lost River;

(C) the commercial salmon troll fishery may open, by emergency order, in the waters of Alaska bounded on the west by the three-nautical-mile limit of the territorial sea and on the north by a line extending seaward from 59° 30.49' N. lat., 139° 46.58' W. long., and intersecting the three-nautical-mile limit at 59° 28.44' N. lat., 139° 51.68' W. long., and on the south by a line extending seaward from 59° 21.07' N. lat., 139° 19.73' W. long., and intersecting the three-nautical-mile limit at 59° 19.08' N. lat., 139° 24.98' W. long.; and

(D) the sport fishery for king salmon in the Situk River may open downstream of the weir located at approximately river mile two;

(3) when at least 730 king salmon three ocean years of age or older have passed the Situk River weir located approximately two miles upstream of the mouth,

(A) retention of king salmon shall open, by emergency order, in the subsistence fishery;

(B) the commercial salmon troll fishery may open, by emergency order, in the waters of Alaska bounded on the west by the three-nautical-mile limit of the territorial sea and on the north by a line extending seaward from 59° 30.49' N. lat., 139° 46.58' W. long., and intersecting the three-nautical-mile limit at 59° 28.44' N. lat., 139° 51.68' W. long., and on the south by a line extending seaward from 59° 21.07' N. lat., 139° 19.73' W. long., and intersecting the three-nautical-mile limit at 59° 19.08' N. lat., 139° 24.98' W. long.;

(C) the commissioner shall manage the commercial set net fisheries in the Situk-Ahmklin Inlet and Lost River based solely on the sockeye salmon run strength, while allowing for the retention of king salmon; and

(D) the sport fishery for king salmon in the Situk River may open downstream of the weir located at approximately river mile two

(4) when 1,050 king salmon three ocean years of age or older have passed the Situk River weir located approximately two miles upstream of the mouth, the department shall manage the commercial, sport, and subsistence fisheries as necessary to harvest large king salmon in excess of the biological escapement goal range; to achieve this goal the commissioner may, by emergency order, implement one or more of the following management measures:

(A) liberalize seasons, areas, and method and means in the Situk River under 5 AAC 75.003(2)(A);

(B) increase the sport fishery bag, possession, and annual limits for king salmon 20 inches or greater in length;

(C) manage the commercial set gillnet fisheries in the Situk-Ahrnklin Inlet and Lost River based on the sockeye salmon run strength;

(D) in the Situk-Ahrnklin Inlet and Lost River set gillnet fisheries, allow the use of one additional gillnet that is no more than 20 fathoms in length and no more than 45 meshes in depth, with a mesh size of no less than seven and one-half inches, for the directed taking of king salmon during periods when sockeye salmon may or may not be retained.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 4/30/91, Register 118; am 4/23/94, Register 130; am 6/14/2000, Register 154; am 7/26/2003, Register 167; am 5/26/2006, Register 178; am 7/13/2012, Register 203; am 9/7/2012, Register 203; am 6/27/2025, Register 254

5 AAC 30.392 Possession and landing of king salmon {#sec-5-aac-30.392 omnilex-key=us-ak-regs-official--title-5--5 AAC 30.392}

(a) The heads of all adipose-fin-clipped king salmon must remain attached to the fish until sold.

(b) A CFEC setnet salmon permit holder may take but may not sell king salmon during periods established by emergency order. The caudal (tail) fin of all king salmon retained must be removed immediately upon taking the king salmon.

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 30.393 Landing of coho salmon {#sec-5-aac-30.393 omnilex-key=us-ak-regs-official--title-5--5 AAC 30.393}

The heads of all adipose-fin-clipped coho salmon must remain attached to the fish until sold.

History

Authority: AS 16.05.251

5 AAC 30.395 Reporting requirements {#sec-5-aac-30.395 omnilex-key=us-ak-regs-official--title-5--5 AAC 30.395}

Repealed.

History

Eff. 5/26/2006, Register 178; repealed 7/13/2012, Register 203

Article 4 Bottomfish Fishery

5 AAC 30.410 Fishing season {#sec-5-aac-30.410 omnilex-key=us-ak-regs-official--title-5--5 AAC 30.410}

Repealed 7/30/89.

5 AAC 30.460 Harvest of bait by commercial permit holders {#sec-5-aac-30.460 omnilex-key=us-ak-regs-official--title-5--5 AAC 30.460}

Repealed.

History

Eff. 6/25/89, Register 110; repealed 8/27/2016, Register 219

Chapter 31 Shrimp Fishery

Article 1 Registration Areas

5 AAC 31.001 Application of this chapter {#sec-5-aac-31.001 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.001}

Unless otherwise specified, the requirements set out in this chapter apply only to commercial fishing for shrimp. Subsistence, personal use, and sport fishing regulations that affect commercial shrimp fishing vessels or activity are set out in the subsistence fishing regulations in 5 AAC 02, personal use fishing regulations in 5 AAC 77, and sport fishing regulations in 5 AAC 47 - 5 AAC 75.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 31.005 Registration areas established; registration of vessels {#sec-5-aac-31.005 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.005}

(a) Shrimp registration areas and code letters are:

Code Letter

A - Southeastern Alaska Area (5 AAC 31.100)

D - Yakutat Area (5 AAC 31.150)

E - Prince William Sound Area (5 AAC 31.200)

H - Cook Inlet Area (5 AAC 31.300)

G - Outer Cook Inlet Area (5 AAC 31.400)

J - Westward Area (5 AAC 31.500).

(b) The board will designate each registration area, or portion of a registration area, or fishery by gear type in a registration area, or fishery by gear type in a portion of a registration area, as one of the following:

(1) exclusive registration area: unless otherwise provided in this chapter, a vessel used to fish for shrimp that has been validly registered to take shrimp in a shrimp exclusive registration area may not be used to take shrimp in another shrimp exclusive registration area during the same registration year; or

(2) nonexclusive registration area: during the same registration year, a vessel used to fish for shrimp may be registered to take shrimp in one or more of the shrimp nonexclusive registration areas and registered to take shrimp for one shrimp exclusive registration area, but may not be used to take shrimp in more than one shrimp exclusive registration area.

History

Authority: AS 16.05.251

5 AAC 31.010 Application of regulations {#sec-5-aac-31.010 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.010}

(a) Unless otherwise specified in this chapter, the regulations in this chapter that apply to a shrimp registration area also apply to the waters of the exclusive economic zone that are adjacent to the shrimp registration area.

(b) The commissioner may suspend the application of the regulations of this chapter that apply to a shrimp registration area to all or a portion of the waters of the exclusive economic zone that are adjacent to the area if the commissioner finds that

(1) application of the regulations fails to facilitate the enforcement of regulations that apply to the registration area;

(2) application of the regulations fails to protect or conserve shrimp inhabiting territorial waters of Alaska; or

(3) the state has an insufficient interest in the shrimp that inhabit the waters of the adjacent exclusive economic zone to warrant extending the state's jurisdiction to those waters.

(c) For the purposes of this section, "exclusive economic zone" means all the waters adjacent to a shrimp registration area and seaward to a boundary line drawn in such a manner that each point on the line is 200 nautical miles from the baseline from which the territorial sea is measured.

History

Authority: AS 16.05.251; AS 16.10.190

5 AAC 31.020 Shrimp area registration {#sec-5-aac-31.020 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.020}

(a) In addition to the requirements of 5 AAC 39.120 and unless otherwise specified in this chapter, a vessel owner, or the owner's agent, shall

(1) validly register all fishing gear to be used to take shrimp; and

(2) register a vessel to fish for shrimp

(A) for a nonexclusive registration area before using the vessel to fish for shrimp in the area; or

(B) for an exclusive registration area before using the vessel to fish for shrimp in that area by registering the vessel before the first scheduled season opening date during the registration year.

(b) Unless otherwise specified in this chapter, the shrimp registration year is April 15 through April 14.

(c) The department will issue a registration certificate to a vessel that is to be used to fish for shrimp if the vessel owner, or the owner's agent, completes and submits to the department a registration form obtained from the local representative of the department and the vessel is licensed and otherwise complies with the requirements of AS 16 and of this title. The vessel owner, or the owner's agent, shall sign the registration certificate when it is issued, shall keep it on board the vessel and immediately available at all times during fishing operations, and shall show it upon the request of a peace officer of the state.

(d) In a shrimp registration area, district, or section where a tank inspection is required, a vessel registration is not valid until the vessel has successfully completed a tank inspection. A tank inspection is not successfully completed unless, at the time of the inspection, a holder of a valid CFEC interim use or limited entry permit that covers the registration area, district, or section in which the vessel is registered is on board the vessel and has the CFEC interim use or limited entry permit in possession. A successfully completed tank inspection validates the vessel's registration for a registration area, district, or section. If a tank inspection is not required, compliance with (c) of this section validates the vessel registration.

(e) The department may cancel a vessel registration for a registration area for the purpose of allowing the vessel to fish for shrimp in another registration area, except that once the department has inspected a vessel for

(1) an exclusive registration area, the department may not cancel the registration to allow the vessel to fish for shrimp in any other registration area;

(2) a nonexclusive registration area, the department may not cancel the registration to allow the vessel to fish for shrimp in an exclusive registration area.

(f) The owner of a vessel, or the owner's agent, landing shrimp in a registration area other than the area in which the vessel is then validly registered shall attach the registration certificate issued under (c) of this section to the back of the department copy of the fish ticket at the time the shrimp are landed.

(g) After the registration deadline, the commissioner may issue a registration certificate to a vessel to allow that vessel to fish for shrimp with a trawl and replace a vessel that was registered to fish for shrimp in a specific registration area, district, or section if the vessel that is replaced was lost. The commissioner may issue a registration certificate under this subsection to register the vessel only for the shrimp registration area for which the lost vessel was registered. To register a replacement vessel under this subsection, the vessel owner, or owner's agent, shall submit to the commissioner written proof that the vessel to be replaced was lost. In this subsection, a vessel is "lost" if, due to sinking or destruction, the vessel is incapable of being used to take shrimp with a trawl during the open shrimp season in the registration area, district, or section for which the vessel is registered.

(h) Unless otherwise specified in this chapter, a valid registration to fish for shrimp in a registration area, district, or section expires when the shrimp fishing season for the registration area, district, or section is closed.

History

Authority: AS 16.05.251

5 AAC 31.030 Inspection requirements {#sec-5-aac-31.030 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.030}

(a) Except as provided in (b) of this section and unless otherwise specified in this chapter, a person may not fish for shrimp with a trawl using a vessel that is registered to fish in a shrimp registration area, district, or section unless that vessel has been inspected by a local representative of the department. The local representative shall make the inspection within 72 hours before a season opening or during the season. The inspection must be made at one of the inspection points specified in this chapter. Shrimp may not be on board the vessel at the time of the inspection. Successful completion of the inspection validates the vessel's registration for the registration area, district, or section. If an inspection is not required, completion of the registration form and submission of the completed form to the department by the vessel owner or the owner's agent validates the registration.

(b) By public announcement, the commissioner may require the inspection of vessels that will fish for shrimp with trawls in a registration area that otherwise does not have inspection requirements of this section.

(c) The local representative of the department may begin a vessel inspection no earlier than 72 hours before a fishing season opens in the registration area, district, or section in which the vessel will fish.

(d) The commissioner may designate additional inspection points for inspections required by this chapter if the commissioner finds that

(1) the existing inspection points impose an unforeseen and significant hardship that persons fishing for shrimp with trawls cannot mitigate;

(2) the department does not have a practical way to change existing inspection points to alleviate the hardship; and

(3) designating additional inspection points would not cause a significant likelihood that unauthorized fishing or other management or enforcement problems will occur.

(e) The department shall issue to the vessel owner or the owner's agent a vessel inspection certificate for a vessel upon successful completion of an inspection required by this chapter. A vessel inspection is not successfully completed unless the vessel owner, or the owner's agent, produces for the local representative of the department who is conducting the inspection the current registration certificate for the registration area in which the vessel will fish. The vessel owner, or the owner's agent, shall sign the vessel inspection certificate when received, shall keep it on the vessel and during fishing operations, and, upon request, shall show it to a peace officer of the state.

History

Authority: AS 16.05.251

5 AAC 31.031 Landing requirements {#sec-5-aac-31.031 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.031}

(a) Except as provided in (b) of this section, a shrimp vessel may not land shrimp at a location that is not within the registration area, district, or section for which it is then validly registered.

(b) The owner, or the owner's agent, of a vessel validly registered to fish for shrimp in a registration area, district, or section leaving that area, district, or section with the intention of landing shrimp in another registration area, district, or section shall contact by radio or telephone a local representative of the department. The contact must be made to the local representative of the department located in the registration area, district, or section from which the vessel will move. Unless the local representative of the department does not require inspection of the vessel, the owner or agent shall submit to a vessel inspection at a location specified by the representative. When the vessel lands shrimp in the new registration area, district, or section, the vessel may not have more shrimp on board than when the vessel was inspected. When the vessel owner or the owner's agent contacts the local representative of the department, if the local representative of the department does not require an inspection under this subsection, the vessel owner, or the owner's agent, making radio or telephone contact shall state to the representative the amount by weight of shrimp then on board. Thereafter, the vessel may not land in the new registration area, district, or section an amount of shrimp that, by weight, exceeds by 10 percent, whether more or less, the amount stated at the time of the contact with the department's local representative.

(c) When, under (b) of this section, a vessel lands shrimp in another registration area, district, or section, the vessel's former registration expires. To again become validly registered to fish for shrimp in the new registration area, district, or section, the vessel owner or the owner's agent shall comply with 5 AAC 31.030 or with the inspection requirements for that registration area, district, or section that are specified in this chapter.

(d) Unless otherwise specified in this chapter, after 72 hours following the closure of shrimp fishing in a registration area or portion of a registration area, a vessel registered to fish for shrimp in that area may not have shrimp on board unless the vessel is validly registered to fish for shrimp in another registration area or portion of a registration area and the shrimp fishing season is open in the area or portion of the area.

History

Authority: AS 16.05.251
Eff. 5/8/98, Register 146

5 AAC 31.033 Tenders for shrimp {#sec-5-aac-31.033 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.033}

(a) A vessel used to tender shrimp for a vessel that is validly registered to take shrimp

(1) may not have shrimp gear or equipment on board; and

(2) may not be used to fish for shrimp.

(b) Before taking shrimp on board the tendering vessel, the operator of the vessel shall register that vessel with a local representative of the department who is located in the registration area, district, or section in which the vessel will be tendering.

(c) Before a vessel used to tender shrimp leaves the shrimp registration area, district, or section, the operator of the tendering vessel shall contact in person, or by radio or telephone, a local representative of the department who is located in the registration area, district, or section and shall state to the representative the amount, in pounds, of shrimp on board the vessel and the vessel's unloading destination.

History

Authority: AS 16.05.251

5 AAC 31.035 Closure of shrimp registration areas and appeal procedures {#sec-5-aac-31.035 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.035}

(a) The commissioner shall monitor the condition of shrimp in all registration areas by using the data and information that are practically available.

(b) When the commissioner finds that continued shrimp fishing would jeopardize the health of shrimp stock within a registration area or portion of a registration area, the commissioner, by emergency order, shall close the registration area or portion of the registration area.

(c) In determining whether to close a registration area, the commissioner shall consider all appropriate factors to the extent there is information available. Factors which may be considered include

(1) the effect of overall fishing effort within the statistical area encompassing the registration area;

(2) catch per unit of effort and rate of harvest;

(3) relative abundance of shrimp within the area in comparison with preseason expectations of the department;

(4) such guideline harvest levels as may be promulgated by regulation;

(5) general information on the condition of shrimp within the area;

(6) information pertaining to the maximum sustainable yield level of shrimp within the registration area;

(7) timeliness and accuracy of catch reporting by buyers, fishermen or vessel operators within the registration area to the extent that such timeliness or accuracy may reasonably be expected to affect proper management; and

(8) adequacy of subsistence harvests within the registration area.

(d) If a registration area or portion of a registration area is closed to fishing for shrimp, the holder of a valid CFEC interim use or limited entry permit, or the vessel owner, or the owner's agent, of a vessel fishing for shrimp that was validly registered for the registration area or portion of the registration area may submit a written request to the commissioner to reopen the registration area or portion of the registration area. The person making a request to reopen the closed area shall make the request within five days following its closure. In considering the request to reopen, the commissioner shall consider all relevant information concerning the condition of shrimp stocks within the closed area. Within 14 days after the receipt of the request, the commissioner shall publicly announce a decision either to retain the closure or to reopen by emergency order the registration area or portion of the registration area.

(e) Repealed 5/8/98.

(f) The provisions of this section also apply to closures to fishing for shrimp of districts, subdistricts, sections, or any other portion of a registration area.

History

Authority: AS 16.05.060; AS 16.05.251

Article 2 General Specifications and Restrictions

5 AAC 31.050 Lawful gear for shrimp; operating requirements {#sec-5-aac-31.050 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.050}

(a) Unless otherwise specified in this chapter, shrimp may be taken by pots and trawls.

(b) Each tunnel eye opening of a shrimp pot may not be larger than 15 inches (38 cm) in perimeter.

(c) Unless otherwise specified in this chapter, shrimp pots may be longlined. If shrimp pots are longlined, a buoy is not required for each pot, but at least one buoy must be attached to the longline, and the buoy must be marked as required in 5 AAC 31.051.

(d) A vessel fishing for shrimp with trawl gear is considered to have ceased fishing when either the trawl's net opening control device commonly referred to as otter doors or its trawl beam is visible at the surface of the water. When the vessel's trawl net opening control device, or otter doors, or its trawl beam is not visible at the surface or is not aboard the vessel, the vessel is considered to be fishing.

History

Authority: AS 16.05.251

5 AAC 31.051 Shrimp pot gear marking requirements {#sec-5-aac-31.051 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.051}

Each shrimp pot must have at least one buoy. At least one buoy on a shrimp pot must be legibly marked with the permanent ADF&G vessel license plate number of the vessel operating the gear. The buoy must show only that number. The number must be in symbols at least one and one-half inches high and have lines that are at least one-quarter inch wide and that are in a shade or color that contrasts with the background.

History

Authority: AS 16.05.251
Eff. 5/8/98, Register 146

5 AAC 31.052 Shrimp pot gear storage requirements {#sec-5-aac-31.052 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.052}

(a) Except as provided in (b) of this section, unless otherwise specified in this chapter, during the closed season for fishing for shrimp with pots in a shrimp registration area, a person may not allow the person's shrimp pots to remain in the water in the registration area.

(b) A person may store a shrimp pot in an area closed to pot shrimp fishing for not more than seven days following the closure of shrimp pot fishing in the area if, for each pot that is stored,

(1) all doors are secured fully open; and

(2) all bait and bait containers have been removed.

History

Authority: AS 16.05.251
Eff. 5/8/98, Register 146

5 AAC 31.053 Operation of other pot gear {#sec-5-aac-31.053 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.053}

(a) Unless otherwise specified in this chapter, the provisions of this section apply to persons and vessels used in a commercial shrimp fishery.

(b) A person may not participate in a commercial shrimp fishery in a shrimp registration area if the person

(1) operated commercial, subsistence, sport, or personal use shrimp gear during the 14 days immediately before the opening of a commercial shrimp fishery in that shrimp registration area; or

(2) operates a vessel that was used or operated by the person or by another person in a commercial, subsistence, sport, or personal use shrimp fishery during the 14 days immediately before the opening of the commercial shrimp fishery in that shrimp registration area.

(1) may not operate shrimp gear for commercial, subsistence, sport, or personal use fishing in that registration area during the 14 days immediately following the close of the shrimp fishery unless

(A) the person removes all commercial shrimp pots from the water or puts the pots in storage, as specified in 5 AAC 31.052, and contacts, in person, the local representative of the department in the registration area and makes a request that the vessel's shrimp registration be canceled, and the department cancels the vessel's shrimp registration; or

(B) commercial shrimp pots are lawful gear for another fishery, the person who operates the pots holds a valid ADF&G or CFEC permit for the other fishery, and the person contacts, in person, the local representative of the department and makes a request that the vessel's shrimp registration be canceled and the department cancels the vessel's shrimp registration; or

(2) may not operate, for commercial, subsistence, sport, or personal use fishing in that registration area during the 14 days immediately following the close of the shrimp fishery, a vessel that was used or operated by the person or by another person in the commercial shrimp fishery in the shrimp registration area unless

(A) the person who used or operated the vessel in the commercial shrimp fishery removes all commercial shrimp pots from the water or puts the pots in storage, as specified in 5 AAC 31.052, and contacts, in person, the local representative of the department in the registration area and makes a request that the vessel's shrimp registration be canceled, and the department cancels the vessel's shrimp registration; or

(B) commercial shrimp pots are lawful gear for another fishery, the person who operates the pots holds a valid ADF&G or CFEC permit for the other fishery, and the person who used or operated the vessel contacts, in person, the local representative of the department and makes a request that the vessel's shrimp registration be canceled and the department cancels the vessel's shrimp registration.

(d) A person

(1) may stop participating in a commercial shrimp fishery and instead may operate commercial pots other than shrimp pots if

(A) the person removes the shrimp pots from the water or puts them in storage as specified in 5 AAC 31.052; and

(B) the vessel owner, or owner's agent, contacts a local representative of the department, in person, and requests that the department cancel the vessel's shrimp registration, and the department cancels the vessel's shrimp registration; or

(2) may stop using a vessel to participate in a commercial shrimp fishery and instead may use the vessel to operate commercial pots other than shrimp pots if

(A) the person removes the shrimp pots from the water or puts them in storage, as specified in 5 AAC 31.052; and

History

Authority: AS 16.05.251
Eff. 5/8/98, Register 146

5 AAC 31.055 Permits for shrimp processing vessels {#sec-5-aac-31.055 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.055}

The owner or operator of a vessel used in the processing of shrimp must obtain a permit from the department before starting processing operations. The permit must contain the following requirements:

(1) reporting of vessel location to the department;

(2) reporting of harvesting or processing operations to the department;

(3) reporting of unloading and transport operations to the department;

(4) permission for local representatives of the department to inspect, at any time, the vessel's holds, live tanks, freezers, processing areas, and processed and unprocessed shrimp; and

(5) reporting of any other information required by the department for the conservation and development of the shrimp resources.

History

Authority: AS 16.05.251
Eff. 7/30/89, Register 111

5 AAC 31.070 Registration and inspection documents {#sec-5-aac-31.070 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.070}

Repealed.

5 AAC 31.071 Interim application of regulations {#sec-5-aac-31.071 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.071}

Repealed 6/28/75.

5 AAC 31.075 Reporting of shrimp catches lost or not purchased {#sec-5-aac-31.075 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.075}

(a) Each shrimp fisherman shall indicate on the fish ticket at the time of landing any shrimp harvested which are not purchased by the processor or buyer, or which have been dumped at sea.

(b) Each buyer of shrimp shall indicate on the fish ticket the gross weight of shrimp not purchased from a load.

History

Authority: AS 16.05.251

Article 3 Conditions for License

5 AAC 31.085 Agreements for use privilege {#sec-5-aac-31.085 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.085}

Repealed.

Article 4 Prohibitions

Article 5 Registration Area A (Southeastern Alaska)

5 AAC 31.100 Description of Registration Area A {#sec-5-aac-31.100 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.100}

Registration Area A (Southeastern Alaska) has as its southern boundary the International Boundary at Dixon Entrance and as its northern boundary a line extending seaward from the western tip of Cape Fairweather at 58° 47.89' N. lat., 137° 56.68' W. long., to the intersection with the seaward limit of the three-nautical-mile territorial sea at 58° 45.96' N. lat., 138° 01.40' W. long.

History

Authority: AS 16.05.251

5 AAC 31.105 Description of Registration Area A districts and sections {#sec-5-aac-31.105 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.105}

Registration Area A districts and sections are described in 5 AAC 33.200.

History

Authority: AS 16.05.251

5 AAC 31.106 Area A registration {#sec-5-aac-31.106 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.106}

Registration Area A is a nonexclusive registration area.

History

Authority: AS 16.05.251
Eff. 5/8/98, Register 146

5 AAC 31.110 Shrimp pot fishing seasons and periods for Registration Area A {#sec-5-aac-31.110 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.110}

Except as provided in 5 AAC 31.145(d), in Registration Area A, shrimp may be taken by pots only from May 15 through July 31, unless closed earlier by emergency order.

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 31.111 Shrimp beam trawl fishing seasons and logbook requirements for Registration Area A {#sec-5-aac-31.111 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.111}

(a) In Registration Area A, a person may take shrimp by beam trawls only after contacting the department and obtaining a logbook; the logbook must be completed and attached to the corresponding shrimp fish tickets; a person may not knowingly make a false entry in the logbook. Shrimp may be taken by beam trawls only as follows:

(1) in District 8 from

(A) May 1 through June 30;

(B) July 1 through August 31;

(D) November 1 through February 28;

(2) in District 10, that portion east of the longitude and south of the latitude of the westernmost tip of Cape Fanshaw, in District 6, that portion north of a line from Mitchell Point to Point St. John, and in waters of District 7 in Eastern Channel west of 132° 06.50' W. long., from

(A) May 1 through June 30;

(B) July 1 through August 31; and

(3) in Districts 3, 5, 9, 11, in District 6, that portion south of a line from Mitchell Point to Point St. John, in District 10, that portion west of the longitude and north of the latitude of the westernmost tip of Cape Fanshaw, and in District 7, except in Eastern Channel west of 132° 06.50' W. long., from May 1 through February 28;

(4) in District 1, in Subdistricts 101-11 and 101-80, from May 1 through February 28 during an experimental sidestripe shrimp beam trawl fishery conducted under 5 AAC 31.112.

(b) Repealed 7/18/2003.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 9/28/97, Register 143; am 5/8/98, Register 146; am 6/3/2000, Register 154; am 3/11/2001, Register 157; am 7/18/2003, Register 167; am 6/17/2018, Register 226

5 AAC 31.112 Sidestripe shrimp beam trawl fishing in Registration Area A {#sec-5-aac-31.112 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.112}

(a) Sidestripe shrimp may be taken by beam trawl in Registration Area A only during fishing seasons and periods and in areas established by the commissioner by emergency order.

(b) If the commissioner opens a beam trawl fishery under (a) of this section, the following conditions will apply:

(1) all shrimp trawl webbing must be at least one and seven-eighths inch measure, and must be hung with no more than 13 meshes per foot; the head rope may not be longer than the length of the beam plus 10 percent;

(2) except as provided in 5 AAC 31.116(c) and (d), the incidental cumulative catch of the other species of pandalid shrimp may not exceed 10 percent, by weight, of all shrimp taken and landed;

(3) a person may take shrimp only after contacting the department and obtaining a logbook; the logbook must be completed, including the record of bycatch of fish and shellfish, other than shrimp, and attached to the corresponding fish ticket;

(4) a vessel participating in the fishery may not participate, at the same time, in a directed pink shrimp fishery;

(5) a permit holder shall notify a local representative of the department at least two hours before landing shrimp to provide an opportunity for the department to obtain biological samples from the landing;

(6) no more than a total of 50,000 pounds of sidestripe shrimp may be taken by beam trawl from any district or section during a season;

(7) the commissioner may require an onboard observer on a vessel during fishing operations.

History

Authority: AS 16.05.251
Eff. 9/28/97, Register 143; am 5/8/98, Register 146; am 6/3/2000, Register 154; am 6/11/2000, Register 154; am 7/18/2003, Register 167; am 5/26/2006, Register 178

5 AAC 31.115 Shrimp pot guideline harvest ranges for Registration Area A {#sec-5-aac-31.115 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.115}

(a) The following are the guideline harvest ranges for the taking of shrimp by pots in Registration Area A:

(1) District 1: 0 - 164,000 pounds of spot shrimp;

(2) District 2: 0 - 120,000 pounds of spot shrimp;

(3) District 3:

(A) Section 3-A: 0 - 264,000 pounds of spot shrimp;

(B) Sections 3-B and 3-C, combined: 0 - 70,000 pounds of spot shrimp;

(4) District 4: 0 - 28,000 pounds of spot shrimp;

(5) District 5: 0 - 20,000 pounds of spot shrimp;

(6) District 6: Sections 6-B, 6-C, 6-D, and 6-E, combined: 0 - 60,000 pounds of spot shrimp;

(7) District 7: 0 - 104,000 pounds of spot shrimp;

(8) District 8:

(A) Sections 8-A and 10-C, combined: 0 - 20,000 pounds of spot shrimp;

(B) Sections 8-B and 6-A, combined: 0 - 25,000 pounds of spot shrimp;

(9) District 9: 0 - 18,000 pounds of spot shrimp;

(10) District 10: Sections 10-A and 10-B, combined: 0 - 50,000 pounds of spot shrimp;

(11) District 11:

(A) Sections 11-A, 11-B, and 11-C, combined: 0 - 15,000 pounds of spot and coonstripe shrimp;

(B) Section 11-D: 0 - 30,000 pounds of spot shrimp;

(12) District 12:

(A) Tenakee Inlet: 0 - 34,000 pounds of spot shrimp;

(B) remainder of District 12: 0 - 15,000 pounds of spot shrimp;

(13) District 13:

(A) Sections 13-A and 13-B, combined 0 - 15,000 pounds of spot shrimp;

(B) Section 13-C: 0 - 50,000 pounds of spot shrimp;

(14) District 14: 0 - 20,000 pounds of spot shrimp;

(15) District 15:

(A) Chilkoot, Lutak, and Taiya Inlets: 0 - 10,000 pounds of coonstripe shrimp;

(B) remainder of District 15: 0 - 10,000 pounds of coonstripe shrimp;

(16) District 16: 0 - 20,000 pounds of coonstripe shrimp.

(b) For the purposes of this section, District 12: Tenakee Inlet includes the waters of District 12 that are west of a line from the easternmost tip of East Point to South Passage Point.

History

Authority: AS 16.05.251

5 AAC 31.116 Shrimp beam trawl guideline harvest ranges and bycatch limits for Registration Area A {#sec-5-aac-31.116 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.116}

(a) The following are guideline harvest ranges for the taking of shrimp by beam trawls in Registration Area A:

(1) District 3: 25,000 - 100,000 pounds for the entire fishing season specified in 5 AAC 31.111(a)(3);

(2) District 5: 25,000 - 100,000 pounds for the entire fishing season specified in 5 AAC 31.111(a)(3);

(3) District 6, that portion north of a line from Mitchell Point to Point St. John: 80,000 - 400,000 pounds for each open period specified in 5 AAC 31.111(a)(2);

(4) District 6, that portion south of a line from Mitchell Point to Point St. John: 25,000 - 100,000 pounds for the entire fishing season specified in 5 AAC 31.111(a)(3) and (4);

(5) District 7, in Eastern Channel west of 132° 06.50' W. long.: 15,000 - 50,000 pounds for each open period specified in 5 AAC 31.111(a)(2);

(6) District 7, except in Eastern Channel west of 132° 06.50' W. long.: 25,000 - 100,000 pounds for the entire fishing season specified in 5 AAC 31.111(a)(3);

(7) District 8: 25,000 - 250,000 pounds for each open period specified in 5 AAC 31.111(a)(1);

(8) District 9: 25,000 - 100,000 pounds for the entire fishing season specified in 5 AAC 31.111(a)(3);

(9) District 10, that portion east of the longitude and south of the latitude of the westernmost tip of Cape Fanshaw: 5,000 - 75,000 pounds for each open period specified in 5 AAC 31.111(a)(2);

(10) District 10, that portion west of the longitude and north of the latitude of the westernmost tip of Cape Fanshaw: 25,000 - 100,000 pounds for the entire fishing season specified in 5 AAC 31.111(a)(3) and (4);

(11) District 11, for the entire fishing season specified in 5 AAC 31.111(a)(3) and (4) for each section as follows:

(A) Section 11-A: 25,000 - 75,000 pounds;

(B) Section 11-B: 25,000 - 75,000 pounds;

(D) Section 11-D: 50,000 - 150,000 pounds.

(b) The following are the bycatch limits that apply to the taking of spot and coonstripe shrimp that are less than 60 count per pound, based on whole weight, by beam trawl in Registration Area A:

(1) District 1:

(A) 1,000 pounds of spot shrimp;

(B) 1,000 pounds of coonstripe shrimp;

(2) District 3:

(A) 1,000 pounds of spot shrimp;

(B) 3,000 pounds of coonstripe shrimp;

(3) District 5:

(A) 1,000 pounds of spot shrimp;

(B) 1,000 pounds of coonstripe shrimp;

(4) District 6:

(A) in that portion north of a line from Mitchell Point to Point St. John:

(i) 1,000 pounds of spot shrimp;

(ii) 9,000 pounds of coonstripe shrimp;

(B) in that portion south of a line from Mitchell Point to Point St. John:

(i) 1,000 pounds of spot shrimp;

(ii) 1,000 pounds of coonstripe shrimp;

(5) District 7:

(A) in that portion of the Eastern Passage west of 132° 06.50' W. long.:

(i) 1,000 pounds of spot shrimp;

(ii) 1,000 pounds of coonstripe shrimp;

(B) in the remaining portion of Eastern Passage west of 132° 06.50' W. long.:

(i) 1,000 pounds of spot shrimp;

(ii) 2,000 pounds of coonstripe shrimp;

(6) District 8:

(A) 6,000 pounds of spot shrimp;

(B) 10,000 pounds of coonstripe shrimp;

(7) District 9:

(A) 2,000 pounds of spot shrimp;

(B) 2,000 pounds of coonstripe shrimp;

(8) District 10:

(A) in that portion east of the longitude and south of the latitude of the westernmost tip of Cape Fanshaw:

(i) 1,000 pounds of spot shrimp;

(ii) 3,000 pounds of coonstripe shrimp;

(B) in that portion west of the longitude and north of the latitude of the westernmost tip of Cape Fanshaw:

(i) 2,000 pounds of spot shrimp;

(ii) 7,000 pounds of coonstripe shrimp;

(9) District 11:

(A) in Sections 11-A and 11-B combined;

(i) 1,000 pounds of spot shrimp;

(ii) 4,000 pounds of coonstripe shrimp;

(B) in Sections 11-C and 11-D combined;

(i) 1,000 pounds of spot shrimp;

(ii) 1,000 pounds of coonstripe shrimp.

(c) In the districts specified in (b) of this section, a beam trawl permit holder must retain, weigh, and report all spot and coonstripe shrimp that are less than 60 count per pound, based on the whole weight of the shrimp. Except in District 11, the permit holder must weigh and report as bycatch overage on an ADF&G fish ticket all spot and coonstripe shrimp less than 60 count per pound and in excess of 10 percent whole weight of all targeted shrimp species on board the vessel. A permit holder shall surrender to the state the proceeds from the sale of spot and coonstripe shrimp that are less than 60 count per pound and that exceed the 10 percent bycatch level.

(d) If the cumulative harvest of spot or coonstripe shrimp taken during a fishing season for any district reaches the bycatch level specified in (b) of this section, the permit holder shall retain, weigh, sell, and report on an ADF&G fish ticket, all harvest of spot and coonstripe shrimp taken that are less than 60 count per pound. The permit holder shall surrender to the state all proceeds from the sale of bycatch that exceeds these limits.

History

Authority: AS 16.05.251
Eff. 9/28/97, Register 143; am 5/8/98, Register 146; am 10/12/2000, Register 156; am 3/11/2001, Register 157; am 7/18/2003, Register 167; am 5/26/2006, Register 178

5 AAC 31.120 Size limit for beam trawl shrimp in Registration Area A {#sec-5-aac-31.120 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.120}

(a) In Registration Area A, shrimp taken by beam trawl gear must be at least 150 count per pound.

(b) To determine the average count per pound required in (a) of this section, one sample must be taken from each 500 to 1,000 pounds of shrimp, up to a maximum of 20 samples. The sampling unit must consist of at least one pound of whole, unbroken shrimp. In this subsection, for the purpose of determining average count per pound "whole unbroken shrimp" are shrimp with the body substantially intact including an identifiable carapace, abdomen, and telson (tail). Shrimp with a broken rostrum, or an incomplete set of legs, antennae, or other appendage will considered unbroken for the purpose of this subsection.

History

Authority: AS 16.05.251
Eff. 9/28/97, Register 143; am 5/8/98, Register 146

5 AAC 31.124 Lawful shrimp pot gear for Registration Area A {#sec-5-aac-31.124 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.124}

(a) Shrimp may be taken with pots in Registration Area A only as specified in this section.

(b) A shrimp pot

(1) other than a shrimp pot described in (2) of this subsection, may not have

(A) more than one bottom;

(B) a vertical height of more than 24 inches;

(D) a bottom perimeter exceeding a perimeter specified in (e) of this section;

(2) that is a collapsible, coil spring shrimp pot, commonly known as a slinky pot,

(A) may not have a vertical diameter of more than 24 inches;

(B) may not have a horizontal length of more than 48 inches;

(D) must be entirely covered with net webbing; the net webbing covering the horizontal portion of the pot must allow the passage of a seven-eighth inch diameter by 12 inch long wooden dowel that upon insertion into the web must drop completely through by its own weight, without force; and

(E) must contain two openings in the mesh with each equal to or exceeding six inches in length; the openings must each be laced, sewn, or secured together by a single length of untreated, 100 percent cotton twine not larger than 30 thread; the cotton twine may be knotted at each end only; the openings must be on opposite sides of the pot; if placed on the vertical end the opening must be in an area that does not include the door opening, within six inches of the edge of the pot.

(3) more than four tunnel eye openings which individually do not exceed 15 inches in perimeter; or

(4) a bottom perimeter exceeding a perimeter specified in (e) of this section.

(1) at a right angle to the plane of the bottom of the pot; or

(2) slanted inward toward the center of the pot in a straight line from the bottom of the pot to the top of the pot.

(d) A shrimp pot must be entirely covered with net webbing or rigid mesh. At least two adjacent sides or 50 percent of the vertical or near-vertical sides must be covered with net webbing or rigid mesh that allows the passage of a seven-eighths inch diameter by 12 inch long wooden dowel, which upon insertion into the web, must drop completely through by its own weight, without force. In the waters of Lituya Bay, enclosed by a line from the easternmost tip of Harbor Point to the southernmost tip of LaChaussee Spit there is no minimum mesh size.

(e) Shrimp pots may be operated only as follows:

(1) repealed 7/18/2003;

(2) the number of shrimp pots that may be operated from a registered shrimp fishing vessel is 140 small pots, 140 slinky pots, or 100 large pots; for the purposes of this section,

(A) a "small pot" has a bottom perimeter of no more than 124 inches;

(B) a "large pot" has a bottom perimeter of more than 124 inches, but not more than 153 inches;

(3) all pots on board a vessel or operated from a vessel must be of the same type and of the same size as set out under (2)(A), (B), or (C) of this subsection;

(4) a vessel operator may have only shrimp pot gear owned by that person on board the vessel at any time;

(5) shrimp pot gear may be deployed or retrieved only from 8:00 a.m. until 4:00 p.m. each day; the commissioner may close, by emergency order, the fishing season in a district or a portion of a district and immediately reopen the season during which the time period allowed to deploy and retrieve shrimp pot gear may be increased or decreased to achieve the guideline harvest range;

(6) all shrimp pots left in saltwater unattended longer than a two-week period must have all bait containers removed and all doors secured fully open.

(f) A registered shrimp vessel may not have, at any time in the aggregate, more than the legal limit of shrimp pot gear on board the vessel, in the water in fishing condition, and in the water in nonfishing condition, including commercial and noncommercial shrimp pots as described in 5 AAC 31.128(b).

History

Authority: AS 16.05.251
Eff. 9/28/97, Register 143; am 5/8/98, Register 146; am 7/18/2003, Register 167; am 5/26/2006, Register 178; am 5/9/2015, Register 214; am 6/7/2025, Register 254

5 AAC 31.125 Lawful shrimp trawl gear for Registration Area A {#sec-5-aac-31.125 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.125}

(a) Shrimp may be taken with beam trawls in Registration Area A only as specified in this section.

(b) The minimum mesh size for a beam trawl shall be determined by measuring a series of 10 consecutive meshes when the web is wet, from selvage to selvage, with the knots pulled together. The distance covered by 10 meshes, measured from the inside of the first knot in the series to the outside of the last knot in the series, may not be less than 13.5 inches. The method for measuring mesh size is described in this subsection applies equally to synthetic and cotton mesh, but allowance for shrinkage shall be made if preshrunk web is not used.

(d) A person may operate more than one beam trawl at the same time only if the aggregate width of all beam trawl gear being operated does not exceed 60 feet.

History

Authority: AS 16.05.251

5 AAC 31.126 Shrimp pot marking requirements for Registration Area A {#sec-5-aac-31.126 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.126}

(a) If required by the department, in addition to the requirements of 5 AAC 31.051, each shrimp pot must have one identification tag issued by the department attached to the pot. If required by the department under this section, identification tags will be issued before the fishing season, uniquely numbered for that registration year, and issued at the time of vessel registration for that vessel only. The vessel owner, or the owner's agent, shall apply for identification tags at a department office designated to issue tags. Replacement of tags lost during the season is permitted if the vessel operator submits a sworn statement or affidavit describing how the tags were lost and listing the numbers of the lost tags.

(b) All shrimp pots on board a registered shrimp vessel must be marked as specified in (a) of this section.

(c) Shrimp pots deployed on a longline, consisting of more than five pots, must have at least one buoy attached to each end of the longline. The buoys must be properly marked as specified in 5 AAC 31.051 and the pots must be marked as required under (a) of this section.

History

Authority: AS 16.05.251
Eff. 9/28/97, Register 143; am 5/8/98, Register 146; am 7/18/2003, Register 167; am 5/26/2006, Register 178; am 11/5/2006, Register 180

5 AAC 31.128 Operation of other gear in Registration Area A {#sec-5-aac-31.128 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.128}

(a) Notwithstanding 5 AAC 31.053(d), 5 AAC 34.053(2), and 5 AAC 35.053(2), a person or vessel may operate commercial king crab or Tanner crab pots during an open pot shrimp season in Registration Area A if a commercial king crab or Tanner crab season is open in Registration Area A at the same time as the commercial pot shrimp season.

(b) In an area open to fishing for shrimp, a vessel operator may not operate more than the number of pots specified in 5 AAC 31.124(e), including commercial, sport, personal use, and subsistence shrimp pots.

(c) A vessel owner, or the owner's agent, may not register a vessel for the commercial shrimp pot fishery and the commercial beam trawl shrimp fishery at the same time. A vessel owner, or the owner's agent, may cancel a vessel's registration for a shrimp fishery and register for a different shrimp fishery by contacting a local representative of the department, in person, and providing all requested information.

(d) A vessel owner, or the owner's agent, may not register a vessel for the commercial beam trawl shrimp fishery and the commercial Dungeness crab fishery at the same time. A vessel owner, or the owner's agent, may cancel a vessel's registration for the commercial beam trawl shrimp fishery and register a vessel for the commercial Dungeness crab fishery by contacting a local representative of the department, in person, and providing all requested information.

History

Authority: AS 16.05.251
Eff. 9/28/97, Register 143; am 7/18/2003, Register 167; am 5/26/2006, Register 178; am 5/11/2012, Register 202; am 5/9/2015, Register 214

5 AAC 31.135 Area A closed waters {#sec-5-aac-31.135 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.135}

Repealed.

History

Eff. 6/28/81, Register 78; am 7/25/82, Register 83; am 7/14/85, Register 95; am 12/14/86, Register 100; repealed 4/15/94, Register 130

5 AAC 31.136 Closed waters in Registration Area A {#sec-5-aac-31.136 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.136}

Shrimp may not be taken

(1) with trawls in the waters of Lituya Bay enclosed by a line from the easternmost tip of Harbor Point to the southernmost tip of LaChaussee Spit;

(2) with trawls in the waters of Tenakee Inlet enclosed by a line from the northernmost tip of South Passage Point to the easternmost tip of East Point;

(3) in the waters of District 13-B that are in the Sitka Sound Special Use Area, which is the area of Sitka Sound enclosed on the north by lines from Kruzof Island at 57° 20.50' N. lat., 135° 45.17' W. long. to Chichagof Island at 57° 22.05' N. lat., 135° 43' W. long., and from Chichagof Island at 57° 22.58' N. lat., 135° 41.30' W. long. to Baranof Island at 57° 22.28' N. lat., 135° 40.95' W. long., and on the south and west by a line running from the southernmost tip of Sitka Point at 56° 59.38' N. lat., 135° 49.57' W. long. to Hanus Point at 56° 51.92' N. lat., 135° 30.50' W. long., to the green day marker in Dorothy Narrows to Baranof Island at 56° 49.28' N. lat., 135° 22.60' W. long.;

(4) in the waters of Twelve-mile Arm west of a line from Prince of Wales Island at 55° 29.07' N. lat., 132° 37.60' W. long., to the northeasternmost tip of Loy Island at 55° 29.07' N. lat., 132° 36.70' W. long., to the easternmost tip of Cat Island at 55° 27.80' N. lat., 132° 39.08' W. long., to Prince of Wales Island at 55° 27.80' N. lat., 132° 40.93' W. long., including waters nearest Hollis Anchorage;

(5) in the waters east of a line from Indian Point at 55° 36.85' N. lat., 131° 42.02' W. long., to the northeasternmost tip of Betton Island at 55° 31.95' N. lat., 131° 46.37' W. long. to the southeasternmost tip of Betton Island at 55° 29.90' N. lat., 131° 48.18' W. long., to Survey Point at 55° 28.07' N. lat., 131° 49.87' W. long.

History

Authority: AS 16.05.251
Eff. 9/28/97, Register 143; am 5/8/98, Register 146; am 6/3/2000, Register 154; am 6/11/2000, Register 154; am 3/11/2001, Register 157

5 AAC 31.140 Registration Area A shrimp vessel inspection and inspection points {#sec-5-aac-31.140 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.140}

(a) Unless required under (b) of this section, a vessel fishing for shrimp in Registration Area A is not required to undergo an inspection, as specified in 5 AAC 31.030.

(b) The commissioner, by announcement, may require that vessels fishing for shrimp in Registration Area A be inspected as specified in 5 AAC 31.030.

(c) If the commissioner requires a vessel inspection under (b) of this section, the inspection points for Registration Area A are at Ketchikan, Wrangell, Petersburg, Sitka, and Juneau, and at other locations that may be specified by the commissioner.

History

Authority: AS 16.05.251

5 AAC 31.141 Logbooks {#sec-5-aac-31.141 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.141}

(a) In Registration Area A, an owner or operator of a shrimp pot catcher-processor vessel shall complete a logbook provided by the department at the conclusion of each day fished for each district or portion of a district with a guideline harvest level established by the department, and in which shrimp are harvested and processed on board the vessel. A logbook must be submitted to the department not later than seven days after closure of a district or portion of a district with a guideline harvest level.

(b) Logbooks described in (a) of this section must include any information the commissioner determines necessary for management purposes, including

(1) date of landing;

(2) district and statistical area;

(3) the number of pot lifts each day; and

(4) weight or box count of each size class of whole shrimp that were sorted for sale.

(d) The owner or operator of a shrimp pot catcher-processor who has stopped fishing in a district or portion of a district with a guideline harvest level shall contact, by telephone or in person, the local ADF&G area office and report the information specified in this section before fishing in a new district or portion of a district with a guideline harvest level established by the department.

History

Authority: AS 16.05.251
Eff. 5/9/2015, Register 214

5 AAC 31.143 Reporting requirements for commercial shrimp vessels in Registration Area A {#sec-5-aac-31.143 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.143}

(a) Unless otherwise specified by the department, the owner or operator of a commercial shrimp vessel operating pot gear in Registration Area A shall report by telephone or in person to a local representative of the department within two business days of deploying shrimp gear and two business days after ceasing shrimp fishing in any district or portion of a district with a guideline harvest level established by the department, including the following information:

(1) the pounds in whole weight by species of shrimp on board the vessel taken during the fishing period in any district or portion of a district;

(2) other information requested by the department for the purpose of conserving or developing shrimp resources.

(b) In addition to the reporting requirements specified in (a) of this section, the weekly reporting requirements in Registration Area A for vessels commercial shrimp fishing with pots or beam trawls are as follows:

(1) unless other arrangements have been made with a local representative of the department, each week an owner or operator of a shrimp pot catcher-processor vessel, or the owner or operator of a shrimp pot catcher-seller vessel, operating gear in the waters of Registration Area A shall contact, by telephone or in person, the ADF&G area office in the area where shrimp fishing occurs, during time periods announced by the department to ensure the orderly conduct of the fishery; the following information must be provided at the time of contact:

(A) the permit holder's name;

(B) the name and ADF&G license plate number of the shrimp pot catcher-processor vessel;

(i) ADF&G fish ticket number of each fish ticket used since the last contact;

(ii) date of landing on each fish ticket;

(iii) district and statistical area on each fish ticket;

(iv) the number of pot lifts on each fish ticket;

(v) days that pots soaked on each fish ticket;

(vi) weight of spot and coonstripe shrimp per fish ticket specifying whether whole or tail weight;

(D) date of last delivery;

(E) logbook information, as determined by the department, from a catcher-processor vessel in the shrimp pot fishery under 5 AAC 31.141;

(F) any other information the commissioner determines is necessary for the conservation and management of the fishery;

(2) each week an owner or operator of a shrimp beam trawl catcher-processor vessel operating gear in the waters of Registration Area A shall contact, by telephone or in person, the ADF&G office specified by the department before 12:00 noon Wednesday during normal business hours of 8:00 a.m. through 5:00 p.m.; the following information must be provided at the time of contact:

(A) the permit holder's name;

(B) the name and ADF&G license plate number of the shrimp beam trawl catcher-processor vessel;

(i) ADF&G fish ticket number of each fish ticket used since last contact;

(ii) date of landing on each fish ticket;

(iii) district and statistical area on each fish ticket;

(iv) total trawling bottom time, for each district and subdistrict for the preceding week;

(v) total pounds of whole shrimp taken by species;

(D) date of last delivery;

(E) any other information the commissioner determines is necessary for the conservation and management of the fishery.

(1) an owner or operator of a shrimp pot catcher-processor vessel shall complete a separate fish ticket for each day fished for each district or portion of a district with a guideline harvest level established by the department, and in which shrimp are harvested and processed on board the vessel; fish tickets must be submitted to the department within seven days of closure of a district or portion of a district with a guideline harvest level; a shrimp pot catcher-processor who has stopped fishing in a district or portion of a district with a guideline harvest level shall contact, by telephone or in person, the local ADF&G area office and report the information specified in this paragraph before fishing in a new district or portion of a district with a guideline harvest level established by the department;

(2) an owner or operator of a shrimp beam trawl catcher-processor vessel shall complete a separate fish ticket for each day fished for each district or portion of a district with a guideline harvest level established by the department, and in which shrimp are harvested and processed on board the vessel; fish tickets must be submitted to the department not later than seven days after closure of a district or portion of a district with a guideline harvest level; a shrimp beam trawl catcher-processor who has stopped fishing in a district or portion of a district with a guideline harvest level shall contact, by telephone or in person, the ADF&G office specified by the department and report the information specified in this paragraph before fishing in a new district or portion of a district with a guideline harvest level established by the department.

(d) The owner or operator of a catcher-seller vessel registered to take shrimp in Registration Area A shall complete an ADF&G shrimp fish ticket indicating the weight of the shrimp on board by species before any shrimp are removed from the vessel.

(e) For the purposes of this section,

(1) "business day" means a day other than Saturday, Sunday, or a state holiday;

(2) "catcher-processor" means a commercial fisherman who catches and either sells or attempts to sell processed shrimp, and does not purchase or process shrimp caught on another vessel;

(3) "catcher-seller" means a commercial fisherman who catches and either sells or attempts to sell unprocessed shrimp to a person not licensed to process shrimp.

History

Authority: AS 16.05.251
Eff. 9/28/97, Register 143; am 5/8/98, Register 146; am 6/3/2000, Register 154; am 7/18/2003, Register 167; am 5/26/2006, Register 178; am 7/29/2009, Register 191; am 5/9/2015, Register 214

5 AAC 31.144 Permit requirements for shrimp floating processor vessels in Registration Area A {#sec-5-aac-31.144 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.144}

(a) The vessel owner or operator of a floating processor used in the processing of shrimp shall obtain a permit from the department before starting processing operations and comply with all requirements and reporting procedures specified in this section.

(b) The vessel owner or operator of a floating processor shall report to the department

(1) the vessel location and any changes in location, by latitude and longitude;

(2) the projected dates that processing will commence, conclude, and resume;

(3) at least once per day, for the preceding 24 hours, the commercial fishing vessel license number of vessels delivering to the floating processor;

(4) the number of vessels making deliveries, the number of deliveries, and the pounds, in whole weight and by species, of shrimp purchased;

(5) at least 24 hours before beginning to unload processed shrimp, the time and place that it will be unloaded; and

(6) any other information required by the department for the purpose of conserving and developing shrimp resources.

(c) The vessel owner or operator shall allow local representatives of the department to inspect at any time, the vessel's holds, live tanks, freezers, processing areas, and unprocessed shrimp.

(d) The vessel owner or operator shall complete shrimp fish tickets for each landing and submit the tickets to the department within seven days of the landing.

(e) The commissioner may require an onboard observer on a floating processor during processing operations.

(f) If the department determines that a requirement specified in this section is not necessary for the conserving and developing shrimp resources, the department may waive or modify that requirement to ensure the conservation and development of the shrimp resources.

(g) For the purpose of this section, "floating processor" means a vessel that purchases and processes shrimp delivered to it by other vessels.

History

Authority: AS 16.05.251
Eff. 9/28/97, Register 143

5 AAC 31.145 Southeastern Alaska Area Pot Shrimp Fishery Management Plan {#sec-5-aac-31.145 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.145}

(a) The purpose of the management plan under this section is to provide the department with direction for the management of the spot shrimp (Pandalus platyceros) and coonstripe shrimp (Pandalus hypsinotus) stocks in Registration Area A (Southeastern Alaska). The department shall manage the spot and coonstripe shrimp stocks for sustained yield according to the principles specified in the management plan under this section.

(b) The department shall manage

(1) all the districts or portions of districts, in Registration Area A based on the harvest of spot shrimp, except that

(A) District 11 shall be managed based on the harvest of spot and coonstripe shrimp; and

(B) Districts 15 and 16 shall be managed based on the harvest of coonstripe shrimp;

(2) the spot and coonstripe shrimp fisheries within the guideline harvest ranges specified in 5 AAC 31.115 to

(A) maintain a number of age classes of shrimp to ensure the long-term viability of those stocks and reduce the dependence on annual recruitment;

(B) reduce fishing periods for shrimp stocks during the biologically sensitive periods of the shrimp's life cycle, such as egg hatch, growth, and recruitment, and when shrimp stocks are considered to be poor quality for the market place;

(D) maintain an adequate broodstock for the rebuilding of the shrimp stocks, if rebuilding becomes necessary.

(d) The commissioner may, by emergency order, open a shrimp fishing season from October 1 through February 28 (winter season) in a district where the guideline harvest range was not reached during the season specified in 5 AAC 31.110 (summer season).

(e) The guideline harvest ranges for spot shrimp are specified in 5 AAC 31.115(1) - (10), and (12) - (14), and are based primarily on the average catch of pot shrimp from the 1990 - 1991 season through the 1994 - 1995 season.

(f) Repealed 7/18/2003.

(g) There are no specific guideline harvest ranges for coonstripe shrimp, but the allowable harvest of coonstripe shrimp will be based on the average catch of coonstripe shrimp in each district during the 1995 - 1996 season through the 1999 - 2000 season. The provisions of this subsection do not apply in Districts 15 and 16.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 10/12/2000, Register 156; am 7/18/2003, Register 167; am 5/11/2012, Register 202; am 5/9/2015, Register 214; am 9/25/2022, Register 243

Article 6 Registration Area D (Yakutat)

5 AAC 31.150 Description of Registration Area D {#sec-5-aac-31.150 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.150}

Registration Area D (Yakutat) has as its western boundary the longitude of Cape Suckling (144° W. long.) and as its southern boundary a line running southwest from the westernmost tip of Cape Fairweather.

History

Authority: AS 16.05.251
Eff. 12/14/86, Register 100; am 7/30/89, Register 111; am 5/8/98, Register 146; am 3/11/2001, Register 157

5 AAC 31.155 Description of Registration Area D districts {#sec-5-aac-31.155 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.155}

(a) Yakataga District: waters between the longitude of Cape Suckling (144° W. long.) and the longitude of Icy Cape (141° 42' W. long.).

(b) Yakutat District: waters between the longitude of Icy Cape (141° 42' W. long.) and a line running southwest from the westernmost tip of Cape Fairweather.

History

Authority: AS 16.05.251
Eff. 12/14/86, Register 100; am 5/8/98, Register 146; am 3/11/2001, Register 157

5 AAC 31.156 Area D registration {#sec-5-aac-31.156 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.156}

Registration Area D is a nonexclusive registration area.

History

Authority: AS 16.05.251
Eff. 5/8/98, Register 146

5 AAC 31.160 Shrimp pot fishing seasons for Registration Area D {#sec-5-aac-31.160 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.160}

In Registration Area D, shrimp may be taken by pots only as follows:

(1) except the waters described in (2) of this section, in the waters of Yakutat Bay that are east of a line running from the westernmost tip of Ocean Cape to the westernmost tip of Point Manby, from 12:00 noon May 1 through February 28;

(2) in the waters of Yakutat Bay that are east of a line running from the northernmost point of Khantaak Island to Logan Bluff at 59° 47' N. lat., 139° 35' W. long., and the waters east of a line running from the northernmost point of Khantaak Island to the northernmost point of Doggie Island, from 12:00 noon October 1 through February 28;

(3) in other waters of Registration Area D, from January 1 through December 31.

History

Authority: AS 16.05.251
Eff. 12/14/86, Register 100; am 6/25/89, Register 110; am 4/15/94, Register 130; am 9/28/97, Register 143; am 5/8/98, Register 146; am 5/9/2015, Register 214

5 AAC 31.161 Shrimp trawl fishing seasons and logbook requirements for Registration Area D {#sec-5-aac-31.161 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.161}

In Registration Area D, a person may take shrimp with a trawl in Icy Bay only from June 21 through February 14. A person taking shrimp with a trawl under this section may take shrimp only after contacting the department and obtaining from the department a logbook. The person taking the shrimp shall complete the logbook and attach the completed logbook to the corresponding shrimp fish tickets.

History

Authority: AS 16.05.251
Eff. 5/8/98, Register 146

5 AAC 31.165 Shrimp pot guideline harvest levels for Registration Area D {#sec-5-aac-31.165 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.165}

(a) The guideline harvest level for the taking of shrimp with pots in the waters described in 5 AAC 31.160(1) is 1,000 pounds for each month that the season is open. Any portion of a month's guideline harvest level of shrimp that is not taken during the month may not be added to another month's guideline harvest level.

(b) The guideline harvest level for the taking of shrimp with pots in the waters described in 5 AAC 31.160(2) is 2,000 pounds for each month that the season is open. Any portion of a month's guideline harvest level of shrimp that is not taken during the month may not be added to another month's guideline harvest level.

History

Authority: AS 16.05.251
Eff. 12/14/86, Register 100; am 4/15/94, Register 130; am 9/28/97, Register 143; am 5/8/98, Register 146

5 AAC 31.166 Shrimp trawl guideline harvest range for Registration Area D {#sec-5-aac-31.166 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.166}

The guideline harvest range for the taking of shrimp with trawls in Icy Bay is from 50,000 - 350,000 pounds for the entire fishing season.

History

Authority: AS 16.05.251
Eff. 5/8/98, Register 146

5 AAC 31.170 Lawful gear for Registration Area D {#sec-5-aac-31.170 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.170}

In Registration Area D, shrimp may be taken only by pots, beam trawls, and otter trawls as follows:

(1) the maximum number of pots in the aggregate that may be operated from a registered shrimp fishing vessel operating in the waters of Yakutat Bay east of a line from the westernmost tip of Ocean Cape to the westernmost tip of Point Manby is 30 pots; a person or vessel registered to fish shrimp may not fish both shrimp pots and any other type of commercial, sport, or personal use pots at the same time;

(2) all shrimp pots left unattended in saltwater longer than a two-week period must have all bait and bait containers removed and all doors secured fully open;

(3) each shrimp pot operated in the waters of Yakutat Bay east of a line from the southernmost tip of Ocean Cape to the westernmost tip of Point Manby must be entirely covered with net webbing or rigid mesh; at least two opposing sides of the pot must have a webbed panel of a minimum stretch mesh of one and one-half inches; the net webbing must be hung to allow the passage of a wooden dowel that is three-quarter inch in diameter and 12 inches; upon insertion in the web or rigid mesh, the dowel must drop completely through by its own weight, without force, except that

(A) the mesh on the top and bottom of a pot utilizing a drawstring closure is not required to allow the passage of a wooden dowel that is three-quarter inch in diameter;

(B) the webbing used in the pot tunnel is not required to allow the passage of a wooden dowel that is three-quarter inch in diameter; and

(C) in addition to the requirement of (3) of this section, pots that do not have a definable side, including round pots, must have net webbing or rigid mesh panels covering a minimum of 50 percent of the vertical or near-vertical surfaces of the pots;

(4) during periods announced by emergency order, all shrimp trawl webbing in the cod end must be at least one and seven-eighths inch stretched measure, hung so the bars of the webbing are horizontal and perpendicular to the mouth of the trawl; during such periods the incidental cumulative catch of species of pandalid shrimp, other than sidestripe shrimp, may not exceed 10 percent, by weight, of all shrimp aboard the vessel.

History

Authority: AS 16.05.251
Eff. 12/14/86, Register 100; am 4/30/91, Register 118; 4/15/95, Register 130; am 9/28/97, Register 143; am 5/8/98, Register 146

5 AAC 31.175 Closed waters in Registration Area D {#sec-5-aac-31.175 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.175}

(a) Repealed 4/15/94.

(b) Shrimp may not be taken by trawls in the contiguous waters of Yakutat Bay east of a line from westernmost tip of Ocean Cape to the westernmost tip of Point Manby, including the waters of Russell and Nunatak Fjords.

History

Authority: AS 16.05.251
Eff. 12/14/86, Register 100; am 4/15/94, Register 130; am 9/28/97, Register 143

5 AAC 31.180 Registration Area D shrimp vessel inspections and inspection points {#sec-5-aac-31.180 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.180}

(a) Unless required by the commissioner under (b) of this section, shrimp vessel inspections, as specified in 5 AAC 31.030, are not required in Registration Area D.

(b) In Registration Area D, by public announcement, the commissioner may require that vessels fishing for shrimp be inspected as specified in 5 AAC 31.030.

(c) If an inspection is required under (b) of this section, inspection points will be at Yakutat and at other locations that may be specified by the commissioner.

History

Authority: AS 16.05.251
Eff. 12/14/86, Register 100; am 5/8/98, Register 146

Article 7 Registration Area E (Prince William Sound)

5 AAC 31.200 Description of Registration Area E {#sec-5-aac-31.200 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.200}

Registration Area E has as its western boundary a line running along the longitude of Cape Fairfield at 148° 50.25' W. long., south to the latitude of Cape Douglas at 58° 51.10' N. lat., then west to 149° W. long., then south along 149° W. long., and as its eastern boundary the longitude of Cape Suckling at 144° W. long.

History

Authority: AS 16.05.251

5 AAC 31.205 Description of Registration Area E districts and sections {#sec-5-aac-31.205 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.205}

(a) Inside District: all waters in the Prince William Sound Area enclosed by lines from Point Whitshed to Point Bentinck, from Cape Hinchinbrook to Zaikof Point, and from Cape Cleare to Cape Puget. The Inside District sections are as follows:

(1) Central Section: waters of the Inside District east of 147° 30.00' W. long.;

(2) Wells Section: waters of the Inside District enclosed by a line from a point at 60° 45.80' N. lat., 148° 13.56' W. long. on the mainland, to a point at 60° 45.49' N. lat., 148° 12.00' W. long. on the north side of Culross Island, and west of a line from Culross Light located on Culross Island at 60° 44.80' N. lat., 148° 06.80' W. long. to Esther Light on Esther Island at 60° 47.10' N. lat., 148° 06.00' W. long., and west of a line from the northwestern tip of Esther Island at 60° 55.66' N. lat., 148° 04.33' W. long., to a point on the mainland at 60° 55.90' N. lat., 148° 03.95' W. long., including Cochrane and Blackstone Bays;

(3) Northwest Section: the remaining waters of the Inside District west of 147° 30.00' W. long. and north of 60° 30.00' N. lat. that are not in the Wells Section described in (2) of this subsection;

(4) Southwest Section: waters of the Inside District west of 147° 20.00' W. long. and south of 60° 30.00' N. lat.

(b) Outside District: all waters in the Prince William Sound Area that are seaward of the Inside District and between a line running along the longitude of Cape Fairfield at 148° 50.25' W. long., south to the latitude of Cape Douglas at 58° 51.10' N. lat., then west to 149° W. long., then south along 149° W. long., and the longitude of Cape Suckling at 144° W. long. The Outside District sections are as follows:

(1) Eastern Section: all waters of the Outside District east of 147° W. long.;

(2) Western Section: all waters of the Outside District west of 147° W. long.

History

Authority: AS 16.05.251
Eff. 6/28/81, Register 78; am 7/23/94, Register 131; am 9/12/97, Register 143; am 3/11/2001, Register 157; am 7/31/2003, Register 167; am 12/1/2004, Register 172; am 3/14/2009, Register 189; am 7/13/2012, Register 203

5 AAC 31.206 Area E registration {#sec-5-aac-31.206 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.206}

(a) Registration Area E is a nonexclusive registration area for vessels fishing for shrimp with trawl gear.

(b) Registration Area E is an exclusive registration area for vessels fishing for shrimp with pot gear. A vessel participating in the Registration Area E shrimp pot fishery must be registered with the department by 5:00 p.m. April 1.

(c) A person may register only one vessel to participate in the Registration Area E shrimp pot fishery during a registration year.

History

Authority: AS 16.05.251
Eff. 5/8/98, Register 146; am 8/23/2009, Register 191; am 7/13/2012, Register 203; am 5/24/2015, Register 214

5 AAC 31.210 Shrimp pot fishing seasons for Registration Area E {#sec-5-aac-31.210 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.210}

(a) In the waters of the Inside District west of a line from Middle Point at 60° 20.00' N. lat., 147° 00.00' W. long., north to a point at 60° 40.00' N. lat., 147° 00.00' W. long., then northeast to the Coast Guard marker light on Goose Island at 60° 42.78' N. lat., 146° 43.63' W. long., to a point on Knowles Head at 60° 41.00' N. lat., 146° 37.50' W. long., shrimp may be taken from May 1 through September 15, as established by emergency order. Fishing in this area will be rotated on a tri-annual basis between the following waters:

(1) the waters north of 60° 40.00' N. lat. and east of 148° W. long.;

(2) the waters south of those waters described in (1) of this subsection and north and west of a line from 60° 30.00' N. lat., 147° 57.70' W. long., to 147° W. long., including those waters south of 60° 30.00' N. lat., in Kings Bay and Port Nellie Juan;

(3) the waters south of 60° 30.00' N. lat., excluding those waters in Kings Bay and Port Nellie Juan.

(b) In all other waters of Registration Area E, shrimp may be taken only under the authority and conditions of a permit issued by the commissioner. The commissioner may specify in the permit restrictions on gear, fishing areas, fishing periods, allowable harvest, and any other conditions the commissioner determines are necessary for the conservation and management of the resource.

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 31.211 Shrimp trawl fishing seasons for Registration Area E {#sec-5-aac-31.211 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.211}

In Registration Area E, shrimp may be taken with trawls only from April 15 through August 15 and from October 1 through December 31.

History

Authority: AS 16.05.251
Eff. 5/8/98, Register 146

5 AAC 31.214 Shrimp pot guideline harvest level for Registration Area E {#sec-5-aac-31.214 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.214}

In the waters described in 5 AAC 31.210(a), the commercial spot shrimp fishery may only open if the estimated biomass is at least 40 percent of K, as set out under 5 AAC 55.055(d). The guideline harvest level for the commercial pot gear fishery in the waters described in 5 AAC 31.210(a) is 40 percent of the total allowable harvest for the area. The department will, to the extent practicable, manage the fishery to allow not more than 50 percent of the guideline harvest level to be taken from any one statistical area. The commissioner will open and close fishing seasons by emergency order, during which pot limits, time, or area may be adjusted to achieve the 50 percent statistical area harvest target.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 8/23/2009, Register 191; am 7/13/2012, Register 203; am 5/24/2015, Register 214; am 7/10/2025, Register 255

5 AAC 31.215 Shrimp pot guideline harvest ranges for Registration Area E {#sec-5-aac-31.215 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.215}

Repealed.

History

Eff. 6/28/81, Register 78; am 7/25/82, Register 83; am 12/29/84, Register 92; am 7/23/94, Register 131; am 5/8/98, Register 146; repealed 7/5/2000, Register 155

5 AAC 31.223 Lawful shrimp pot gear for Registration Area E {#sec-5-aac-31.223 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.223}

(a) In Registration Area E, shrimp may be taken with pots only as specified in this section.

(b) A shrimp pot may not have

(1) more than one bottom;

(2) a vertical height of more than 24 inches;

(3) more than four tunnel eye openings, which individually do not exceed 15 inches in perimeter;

(4) a bottom perimeter exceeding 124 inches.

(1) at a right angle to the plane of the bottom of the pot; or

(2) slanted inward toward the center of the pot in a straight line from the bottom of the pot to the top of the pot.

(d) A shrimp pot must be entirely covered with net webbing or rigid mesh. At least two adjacent sides or 50 percent of the vertical or near-vertical sides must be covered with net webbing or rigid mesh that allows the passage of a seven-eighths inch diameter by a 12 inch long wooden dowel, which upon insertion into the web, must drop completely through by its own weight, without force.

(e) Shrimp pots may only be operated as follows:

(1) the department will announce annually, before the opening of the commercial shrimp pot fishery season, the number of shrimp pots that may be operated from a vessel in the commercial shrimp pot fishery for that season, not to exceed 100 shrimp pots per vessel; in determining the annual pot limit, the department will consider the

(A) total number of registered vessels;

(B) estimated catch per unit of effort; and

(2) a vessel operator may have only shrimp pot gear registered to the vessel on board the vessel at any time;

(3) shrimp pot gear may be deployed or retrieved only from 8:00 a.m. until 4:00 p.m. each day; the commissioner may close, by emergency order, the fishing season in a district or portion of a district and immediately reopen the season during which the time period allowed to deploy and retrieve shrimp pot gear may be increased or decreased to achieve the guideline harvest level;

(4) shrimp pots may not be left in saltwater unattended for more than 14 days unless all bait containers have been removed and all doors secured fully open;

(5) a vessel operator may not, at any time, have more than the legal limit of pot gear for the vessel, established under (2) of this subsection, in the aggregate on board the vessel, in the water in fishing condition, or in the water in nonfishing condition.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 8/23/2009, Register 191

5 AAC 31.224 Lawful gear for Registration Area E {#sec-5-aac-31.224 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.224}

Repealed.

History

Eff. 5/8/98, Register 146; repealed 7/5/2000, Register 155

5 AAC 31.225 Lawful shrimp trawl gear for Registration Area E {#sec-5-aac-31.225 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.225}

(a) In Registration Area E, a shrimp trawl must

(1) have a cod end composed completely of one and seven-eighths inch stretched mesh hung so that the bars of the mesh are horizontal and perpendicular to the mouth of the trawl; mesh size is determined by averaging 10 consecutive meshes beginning inside the knot of the first mesh and including the knot of the last; and

(2) be equipped with a finfish excluder device (FED); the FED must consist of a rigid grate with parallel bars spaced not more than two and one-half inches apart to exclude all fish and other objects, except those that are small enough to pass between its bars into the cod end of the trawl specified in this section; the FED in a shrimp trawl must be secured forward of the cod end in such a manner that it precludes the passage of fish or other objects into the cod end without the fish or objects having to first pass between the bars of the FED; the trawl must have an outlet to allow the escape of fish or other objects that are too large to pass between the bars of the grate; the posterior edge of this escape outlet must be at least as wide as the maximum width of the grate; the escape outlet must extend forward of the grate toward the mouth of the net.

(b) Notwithstanding (a)(2) of this section, the operator of a shrimp trawl vessel who holds a Prince William Sound Commercial Fisheries Entry Commission sablefish permit, and has registered for the current year's sablefish fishery, must use a FED that consists of a rigid grate with parallel bars not more than four inches apart until the operator's sablefish quota has been harvested.

History

Authority: AS 16.05.251

5 AAC 31.226 Shrimp pot marking requirements for Registration Area E {#sec-5-aac-31.226 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.226}

(b) All shrimp pots on board a registered shrimp vessel must be marked as specified in (a) of this section.

(c) Shrimp pots deployed on a longline, consisting of more than five pots, must have at least one buoy attached to each end of the longline. The buoys must be properly marked as specified in 5 AAC 31.051, and the pots must be marked as required under (a) of this section.

History

Authority: AS 16.05.251
Eff. 8/23/2009, Register 191; am 5/24/2015, Register 214

5 AAC 31.227 Operation of other pot gear {#sec-5-aac-31.227 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.227}

A person participating in the commercial shrimp fishery in Registration Area E may not, during the commercial fishery season, also participate in subsistence, sport, or personal use fishing for shrimp unless the person removes all commercial shrimp pots from the water, ceases commercial fishing, and the commercial registration for the vessel used by the person is canceled by the department. A vessel registered for the commercial shrimp fishery in Registration Area E may not be used during the commercial fishery season for subsistence, sport, or personal use fishing for shrimp unless the vessel's commercial registration has been canceled by the department and all commercial shrimp pots operated from the vessel have been removed from the water. The requirements of this section are in addition to the requirements of 5 AAC 31.053.

History

Authority: AS 16.05.251
Eff. 7/13/2012, Register 203

5 AAC 31.230 Permits for shrimp trawling in Registration Area E {#sec-5-aac-31.230 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.230}

Repealed.

History

Eff. 7/23/94, Register 131; repealed 3/14/2009, Register 189

5 AAC 31.235 Closed waters in Registration Area E {#sec-5-aac-31.235 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.235}

(a) The following waters are closed to the taking of shrimp with trawl gear:

(1) waters enclosed by a line from Point Whitshed to Point Bentinck, a line from Cape Hinchinbrook Light to Seal Rocks Light to Zaikof Point at 60° 18.48' N. lat., 146° 55.10' W. long., and by a line from a point at 60° 11.00' N. lat., 147° 20.00' W. long. on the northwest side of Montague Island, north to a point at 60° 30.00' N. lat., 147° 20.00' W. long., then east to a point at 60° 30.00' N. lat., 147° 00.00' W. long., then northeast to Knowles Head at 60° 41.00' N. lat., 146° 37.50' W. long.;

(2) the waters east of a line from Porcupine Point at 60° 44.60' N. lat., 146° 42.10' W. long. in Port Fidalgo to the southernmost tip of Bligh Island at 60° 48.30' N. lat., 146° 47.90' W. long. to the northernmost tip of Bligh Island at 60° 52.90' N. lat., 146° 46.00' W. long. to Rocky Point at 60° 57.00' N. lat., 146° 46.20' W. long.;

(3) waters of Port Gravina north of a line from Gravina Point at 60° 37.37' N, lat., 147° 15.22' W. long. to Red Head at 60° 40.25' N. lat., 146° 30.22' W. long.;

(4) waters of Port Valdez north of 61° 01.00' N. lat.

(b) The following waters are closed to the taking of shrimp with pot gear:

(1) waters enclosed by a line from the north entrance to Pigot Bay at 60° 49.98' N. lat., 148° 18.96' W. long., to Point Culross at 60° 45.42' N. lat., 148° 08.88' W. long., to the southernmost point of Culross Island at 60° 37.68' N. lat., 148° 10.08' W. long., then south to the northwest corner of Applegate Island at 60° 37.56' N. lat., 148° 09.38' W. long., and north of a line from the southernmost tip of Applegate Island at 60° 37.08' N. lat., 148° 09.12' W. long. westward to the mainland of 60° 37.08' N. lat.;

(2) waters north of a line from Flent Point at 60° 56.52' N. lat., 147° 08.34' W. long. to a point on Bligh Island at 60° 48.96' N. lat., 146° 48.96' W. long., and north of a line from a point on the southeast shore of Bligh Island at 60° 48.36' N. lat., 146° 47.40' W. long. to Graveyard Point at 60° 48.60' N. lat., 146° 33.42' W. long.;

(3) waters south of a line from Point Grace at 60° 04.80' N. lat., 147° 51.00' W. long., to a point on the northern end of Evans Island at 60° 06.66' N. lat., 147° 53.34' W. long., a line from a point on the south end of Latouche Island at 59° 56.34' N. lat., 148° 02.28' W. long. to a point on the south end of Elrington Island at 59° 55.92' N. lat., 148° 12.78' W. long., and a line from Lonetree Point Light at 59° 58.97' N. lat., 148° 12.00' W. long. to a point on the south entrance to Squirrel Bay on Evans Island at 59° 59.82' N. lat., 148° 09.42' W. long.

History

Authority: AS 16.05.251
Eff. 6/30/84, Register 90; am 7/14/85, Register 95; am 9/12/97, Register 143; am 8/23/2009, Register 191; am 6/20/2010, Register 194; am 7/13/2012, Register 203; am 5/24/2015, Register 214; am 9/24/2021, Register 239

5 AAC 31.240 Registration Area E shrimp vessel inspection and inspection points {#sec-5-aac-31.240 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.240}

(a) Unless required by the commissioner under (b) of this section, a vessel fishing for shrimp in Registration Area E is not required to undergo an inspection, as specified in 5 AAC 31.030.

(b) The commissioner may, by public announcement, require that vessels fishing for shrimp in Registration Area E be inspected as described in 5 AAC 31.030 before fishing. If the commissioner requires a vessel inspection, a vessel operator must make arrangements with a local representative of the department for an inspection at the inspection point for Registration Area E in Cordova, Valdez, Whittier, or Seward.

History

Authority: AS 16.05.251

5 AAC 31.243 Trawl shrimp harvest and reporting requirements in Registration Area E {#sec-5-aac-31.243 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.243}

(a) No more than 40 percent, by weight, of the shrimp brought on board a vessel during a trip may be pink shrimp and no more than five percent may be other pandalid species of shrimp.

(b) Within the 24 hours after the completion of a trip, a CFEC permit holder must report the harvest for the trip, including discards, by species, to the department by telephone at a telephone number specified on the registration form at the time of registration. Discards of pandalid species of shrimp are reported as deadloss at the time of delivery on an ADF&G fish ticket and will be counted towards the guideline harvest level by section.

(c) The department will issue log sheets and shrimp catch sampling forms that must be completed and returned with each fish ticket to the department office in Homer, Anchorage, or Cordova at the address specified on the log sheet. Log sheets must have entries for each tow, and catch sampling forms must be completed at least once per day in each section fished.

(d) The commissioner may require an onboard observer on a vessel during fishing operations.

(e) The department may require reporting of any other information the commissioner determines is necessary for the conservation and management of the fishery.

History

Authority: AS 16.05.251
Eff. 3/14/2009, Register 189; am 9/25/2022, Register 243

5 AAC 31.245 Reporting requirements for Registration Area E {#sec-5-aac-31.245 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.245}

(a) A CFEC permit holder that participates in the Prince William Sound commercial shrimp pot fishery shall obtain and complete, daily, a logbook provided by the department. It is unlawful to falsify a logbook entry. The CFEC permit holder must

(1) have the logbook on board the vessel at all times;

(2) make the logbook available upon request to a local representative of the department or peace officer of the state; and

(3) submit to the department the completed logbook pages with each corresponding ADF&G fish ticket.

(b) Before landing shrimp, the operator of a shrimp pot vessel operating in Registration Area E shall contact the department's office in Cordova at a telephone number or other means specified by the department at the time of registration and provide the following information:

(1) the CFEC permit holder's name;

(2) the name of the vessel and the ADF&G number of the registered vessel;

(3) the following information for each ADF&G fish ticket that pertains to that trip:

(A) the preprinted fish ticket number, when available;

(B) the date of landing;

(D) the number of pot lifts in each statistical area;

(E) the round weight of all shrimp taken by species and statistical area.

(c) No earlier than 24 hours before fishing during each trip, the operator of a shrimp pot vessel operating in Registration Area E shall contact the department's office in Cordova at a telephone number or other means specified by the department at the time of registration and provide the following information:

(1) the CFEC permit holder's name;

(2) the name of the vessel and the ADF&G license number of the registered vessel;

(3) the following information for each trip:

(A) the number of pots intended to be operated from the vessel;

(B) the statistical area the vessel is intending to fish; and

(d) The operator of a catcher-seller vessel or a catcher-processor vessel used to take shrimp in Registration Area E shall complete an ADF&G fish ticket before any shrimp are removed from the vessel.

(e) During periods of high fishing effort, if the commissioner determines that it is necessary for management and conservation purposes, the commissioner may require an operator of a shrimp pot vessel operating in Registration Area E to report information required in this section at additional times other than the times specified in this section.

History

Authority: AS 16.05.251
Eff. 8/23/2009, Register 191; am 5/24/2015, Register 214

5 AAC 31.250 Permitting and reporting requirements for shrimp processing vessels in Registration Area E {#sec-5-aac-31.250 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.250}

(b) The vessel owner or operator of a floating processor shall report to the department

(1) the vessel location and any changes in location, by reporting the latitude and longitude of vessel;

(2) the projected dates that processing will commence, conclude, and resume;

(3) at least once per day, for the preceding 24 hours, the permanent ADF&G vessel license plate numbers of all vessels delivering to the floating processor;

(4) the number of vessels that made deliveries for the preceding 24 hours, the number of deliveries, and the pounds in whole weight by species of shrimp purchased for each statistical area;

(5) at least 24 hours before beginning to unload processed shrimp, the time and place that it will be unloaded; and

(6) any other information required by the department for the purpose of conserving and developing shrimp resources.

(c) The vessel owner or operator shall grant permission for local representatives of the department to inspect at any time, the vessel's holds, live tanks, freezers, processing areas, and unprocessed shrimp.

(d) The commissioner may require an onboard observer on a floating processor during processing operations.

(e) In Registration Area E, a floating processor may not operate shrimp gear.

(f) If the department determines that a requirement specified in this section is not necessary for conserving and developing shrimp resources, the department may waive or modify that requirement to ensure the conservation and development of the shrimp resources.

(g) In this section, "floating processor" means a vessel that purchases or processes shrimp delivered to it by other vessels.

History

Authority: AS 16.05.251
Eff. 9/25/2022, Register 243

5 AAC 31.260 Prince William Sound Pot Shrimp Fishery Management Plan {#sec-5-aac-31.260 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.260}

Repealed.

History

Eff. 12/29/84, Register 92; am 9/19/90, Register 115; am 7/5/2000, Register 155; am 7/31/2003, Register 167; repealed 8/23/2009, Register 191

Article 8 Registration Area H (Cook Inlet)

5 AAC 31.300 Description of Registration Area H {#sec-5-aac-31.300 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.300}

Registration Area H has as its southern boundary the latitude of Cape Douglas (58° 51.10' N. lat.), and as its eastern boundary a line running from 58° 51.10' N. lat., 151° 53.13' W. long. to the westernmost tip of Cape Elizabeth, and ending at the westernmost tip of Point Adam.

History

Authority: AS 16.05.251

5 AAC 31.305 Description of Registration Area H districts {#sec-5-aac-31.305 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.305}

Districts shall be as described in 5 AAC 21.200(a), (b), and (d) - (f).

History

Authority: AS 16.05.251

5 AAC 31.306 Area H registration {#sec-5-aac-31.306 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.306}

(a) Area H is

(1) an exclusive registration area for vessels fishing for shrimp with trawl gear; and

(2) a nonexclusive registration area for vessels fishing for shrimp with pots.

(b) A vessel fishing for shrimp with trawl gear that is validly registered for Registration Area H may fish for shrimp with trawl gear in Registration Area G without registering for that registration area.

History

Authority: AS 16.05.251
Eff. 5/8/98, Register 146

5 AAC 31.310 Fishing seasons for Registration Area H {#sec-5-aac-31.310 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.310}

There is no open fishing season for shrimp in the Cook Inlet Area.

History

Authority: AS 16.05.251

5 AAC 31.315 Guideline harvest ranges {#sec-5-aac-31.315 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.315}

Repealed 9/19/90.

5 AAC 31.320 Weekly fishing periods {#sec-5-aac-31.320 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.320}

Repealed.

5 AAC 31.335 Closed waters in Registration Area H {#sec-5-aac-31.335 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.335}

The taking of shrimp by trawls is prohibited

(1) northeast of a line extending from the tip of Coal Point to the northeast tip of Glacier Spit; and

(2) in waters south and east of a line from Anisom Point (59° 32.10' N. lat., 151° 27.92' W. long.), to the northernmost tip of Yukon Island, to the westernmost tip of Hesketh Island, to Nubble Point (59° 29.25' N. lat., 151° 34' W. long.).

History

Authority: AS 16.05.251

5 AAC 31.340 Registration Area H shrimp vessel inspection point {#sec-5-aac-31.340 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.340}

The inspection and reinspection point is located at Homer.

History

Authority: AS 16.05.251(a)

5 AAC 31.390 Cook Inlet Area Shrimp Fisheries Management Plan {#sec-5-aac-31.390 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.390}

Repealed.

History

Eff. 9/12/97, Register 143; am 7/31/2003, Register 167; repealed 8/23/2009, Register 191

Article 9 Registration Area G (Outer Cook Inlet)

5 AAC 31.400 Description of Registration Area G {#sec-5-aac-31.400 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.400}

Registration Area G has as its western boundary a line running from the westernmost tip of Point Adam to the westernmost tip of Cape Elizabeth, and ending at 58° 51.10' N. lat., 151° 53.13' W. long., and has as its eastern boundary the longitude of Cape Fairfield (148° 50.25' W. long.).

History

Authority: AS 16.05.251

5 AAC 31.405 Description of districts {#sec-5-aac-31.405 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.405}

Repealed 7/17/77.

5 AAC 31.406 Area G registration {#sec-5-aac-31.406 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.406}

(a) Registration Area G is a nonexclusive registration area.

(b) A vessel validly registered to fish for shrimp with trawl gear in Registration Areas H or J may fish for shrimp with trawl gear in Registration Area G without registering for that registration area.

History

Authority: AS 16.05.251
Eff. 5/8/98, Register 146

5 AAC 31.410 Fishing seasons for Registration Area G {#sec-5-aac-31.410 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.410}

There is no open fishing season for shrimp in the Outer Cook Inlet Area.

History

Authority: AS 16.05.251

5 AAC 31.415 Guideline harvest levels {#sec-5-aac-31.415 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.415}

Eff. 9/12/97, Register 143; am 7/31/2003, Register 167; repealed 8/23/2009, Register 191

Article 10 Registration Area J (Westward)

5 AAC 31.500 Description of Registration Area J {#sec-5-aac-31.500 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.500}

Registration Area J consists of the Pacific Ocean waters that are south of the latitude of Cape Douglas at 58° 51.10' N. lat., and west of 149° W. long., and the Bering Sea and Pacific Ocean waters that are east of the Maritime Boundary Agreement Line as that line is described in the text of and depicted in the annex to the Maritime Boundary Agreement between the United States and the Union of Soviet Socialist Republics signed in Washington, June 1, 1990, and as that Maritime Boundary Agreement Line is depicted on NOAA Chart #513 (7th Edition, June 2004) and NOAA Chart #514 (7th Edition, January 2004). These charts are adopted by reference.

History

Authority: AS 16.05.251

5 AAC 31.505 Description of Registration Area J districts and sections {#sec-5-aac-31.505 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.505}

(a) Kodiak District: waters of Registration Area J that are east of a line extending south from the Alaska Peninsula (near Kilokak Rocks) along 156° 20.22' W. long.

(1) Inner Marmot Bay Section: all waters of Marmot Bay and adjacent bays enclosed by a line between Inner Point and Afognak Point at 152° 47.75' W. long., and a line from Cape Izhut at 58° 06.03' N. lat., 152° 20.40' W. long. to Miller Point at 57° 50' N. lat., 152° 21.12' W. long.;

(2) Ugak Bay Section: all waters enclosed by a line from Narrow Cape at 57° 25.95' N. lat., 152° 19.13' W. long. to the northernmost point of Ugak Island at 57° 23.63' N. lat., 152° 17.47' W. long., a line from the westernmost point of Ugak Island at 57° 21.88' N. lat., 152° 18.76' W. long. to a point offshore at 57° 10.09' N. lat., 152° 18.76' W. long. to a point offshore at 57° 02.84' N. lat., 152° 37.69' W. long., and a line extending south from Kodiak Island along 152° 37.69' W. long.;

(3) Kiliuda Bay Section: all waters enclosed by a line across Sitkalidak Strait along 153° 16.00' W. long., a line extending south from Kodiak Island along 152° 37.69' W. long., and by a line extending east from Sitkalidak Island along 57° 02.84' N. lat.;

(4) Two Headed Island Section: all waters enclosed by a line across Sitkalidak Strait at 153° 16.00' W. long., a line extending east from Sitkalidak Island at 57° 02.84' N. lat., then from a point offshore at 57° 02.84' N. lat., 152° 37.69' W. long. to Sitkinak Island at 56° 33.88' N. lat., 153° 52.66' W. long., and a line from Whirlpool Point Light at 56° 36.99' N. lat., 154° 05.60' W. long. to Aliulik Peninsula at 56° 46.01' N. lat., 153° 54.21' W. long.;

(5) Alitak Bay Section: all waters of Alitak Bay and adjacent bays enclosed by a line from Aliulik Peninsula at 56° 46.01' N. lat., 153° 54.21' W. long. to Whirlpool Point Light at 56° 36.99' N. lat., 154° 05.60' W. long., then from Dolina Point at 56° 36.86' N. lat., 154° 13.40' W. long. to Cape Alitak Light at 56° 50.59' N. lat., 154° 18.42' W. long., excluding the waters of the Olga Bay Section;

(6) Olga Bay Section: all waters of Olga Bay enclosed by a line across Olga Narrows at 57° 03.00' N. lat.;

(7) Uyak Bay Section: all waters of Uyak Bay and adjacent bays enclosed by a line from Cape Uyak at 57° 38.33' N. lat., 154° 20.83' W. long. to Cape Kuliuk at 57° 48.25' N. lat., 153° 55.98' W. long.;

(8) Uganik Bay Section: all waters of Uganik Bay enclosed by a line from Miners Point at 57° 54.00' N. lat., 153° 43.58' W. long. to Cape Uganik at 57° 58.00' N. lat., 153° 30.28' W. long., and a line across Uganik Passage at 153° 12.23' W. long.;

(9) West Afognak Section: all waters enclosed by a line from Cape Uganik at 57° 58.00' N. lat., 153° 30.28' W. long., to Raspberry Cape at 58° 03.58' N. lat., 153° 25.25' W. long., to Black Cape at 58° 24.50' N. lat., 152° 53.30' W. long., to Eagle Cape at 58° 32.57' N. lat., 152° 40.07' W. long., then across Cape Current Narrows at 152° 30.00' W. long., a line between Inner Point and Afognak Point at 152° 47.75' W. long., and a line across Uganik Passage at 153° 12.33' W. long.;

(10) North Afognak Section: all waters enclosed by a line from Shuyak Island at 58° 37.77' N. lat., 152° 19.65' W. long., to a point offshore at 58° 26.00' N. lat., 151° 59.20' W. long., to Tonki Cape at 58° 21.13' N. lat., 151° 59.20' W. long., and a line across Cape Current Narrows at 152° 30.00' W. long.;

(11) Mainland Section: all waters of Alaska adjacent to the Alaska Peninsula that are south of the latitude of Cape Douglas at 58° 51.10' N. lat., and east of a line extending south from the Alaska Peninsula (near Kilokak Rocks) at 156° 20.22' W. long.;

(12) Marmot Island Section: all waters of the Kodiak District enclosed by a line extending east from Tonki Cape at 58° 21.13' N. lat., a line from Cape Izhut at 58° 06.03' N. lat., 152° 20.40' W. long. to Miller Point at 57° 50.25' N. lat., 152° 21.12' W. long., and a line extending east from Kodiak Island at 57° 47.90' N. lat.;

(13) Chiniak Bay Section: all waters of Chiniak Bay enclosed by a line extending east from Kodiak Island at 57° 47.90' N. lat., and a line from Cape Chiniak at 57° 37.20' N. lat., 152° 09.37' W. long., to 57° 47.90' N. lat., 152° 03.73' W. long.;

(14) Alitak Flats Section: all waters enclosed by a line from Cape Alitak Light at 56° 50.59' N. lat., 154° 18.42' W. long. to Dolina Point at 56° 36.86' N. lat., 154° 13.40' W. long., to a point offshore at 56° 36.86' N. lat., 154° 47.40' W. long., to a point offshore at 57° 00.00' N. lat., 154° 47.40' W. long., to Low Cape at 56° 59.50' N. lat., 154° 31.55' W. long.;

(15) General Section: all remaining waters of the district.

(b) Chignik District: all waters of Registration Area J on the south side of the Alaska Peninsula west of a line extending south from the Alaska Peninsula (near Kilokak Rocks) at 156° 20.22' W. long., and east of a line from Kupreanof Point at 55° 33.98' N. lat., 159° 35.88' W. long., to Castle Rock at 55° 16.80' N. lat., 159° 29.11' W. long., and extending to a point offshore at 53° 26.51' N. lat., 156° 20.22' W. long.

(1) Kujulik Bay Section: all waters enclosed by a line from Cape Kumlik at 56° 38.45' N. lat., 157° 27.00' W. long., to the westernmost point of Sutwik Island at 56° 32.40' N. lat., 157° 19.90' W. long., a line from Foggy Cape at 56° 32.21' N. lat., 156° 58.40' W. long., to the southernmost point of Nakchamik Island at 56° 18.57' N. lat., 157° 49.57' W. long., and a line from the northernmost point of Nakchamik Island at 56° 22.15' N. lat., 157° 49.85' W. long. to Cape Kumliun at 56° 28.58' N. lat., 157° 51.55' W. long.;

(2) Chignik Bay Section: all waters enclosed by a line from Cape Kumliun at 56° 28.58' N. lat., 157° 51.55' W. long. to the northernmost point of Nakchamik Island at 56° 22.15' N. lat., 157° 49.85' W. long., and a line from the southernmost point of Nakchamik Island at 56° 18.57' N. lat., 157° 49.57' W. long. to Castle Cape at 56° 14.44' N. lat., 158° 06.94' W. long.;

(3) Kuiukta Bay Section: all waters of Kuiukta Bay enclosed by a line from Cape Ikti at 55° 58.78' N. lat., 158° 30.55' W. long. to the southern entrance of Herring Lagoon at 55° 57.50' N. lat., 158° 39.20' W. long.;

(4) Mitrofania Island Section: all waters enclosed by a line from Seal Cape at 55° 59.57' N. lat., 158° 26.00' W. long., to a point offshore at 55° 33.98' N. lat., 158° 26.00' W. long. to a point offshore at 55° 33.98' N. lat., 159° 07.00' W. long. to the southernmost point of Chiachi Island at 55° 49.50' N. lat., 159° 07.00' W. long., and by a line from the northernmost point of Chiachi Island at 55° 52.66' W. long., 159° 08.85' W. long. to Three Star Point at 55° 53.35' N. lat., 159° 10.48' W. long., excluding the waters of the Kuiukta Bay Section;

(5) Ivanof Bay Section: all waters enclosed by a line from Three Star Point at 55° 53.35' N. lat., 159° 10.48' W. long. to the northernmost point of Chiachi Island at 55° 52.66' N. lat., 159° 08.85' W. long., a line extending south from the southernmost point of Chiachi Island along 159° 07.00' W. long., and a line extending east from Kupreanof Point at 55° 33.98' N. lat.;

(6) Chiginagak Bay Section: all waters enclosed by a line from Cape Providence at 56° 58.67' N. lat., 156° 33.47' W. long. to Aiugnak Columns at 56° 53.08' N. lat., 156° 34.12' W. long., to the easternmost point of Ugaiushak Island at 56° 47.10' N. lat., 156° 50.45' W. long., to Cape Kuyuyukak at 56° 53.85' N. lat., 156° 49.72' W. long.;

(7) Seal Cape Section: all waters enclosed by a line from Castle Cape at 56° 14.44' N. lat., 158° 06.94' W. long. to the northernmost point of Chankliut Island at 56° 09.39' N. lat., 158° 05.55' W. long. and a line from the southernmost point of Chankliut Island at 56° 07.98' N. lat., 158° 06.87' W. long. to Seal Cape at 55° 59.57' N. lat., 158° 26.00' W. long.;

(8) Nakalilok Bay Section: all waters enclosed by a line from Cape Kuyuyukak at 56° 53.85' N. lat., 156° 49.72' W. long., to the easternmost tip of Ugaiushak Island at 56° 47.10' N. lat., 156° 50.45' W. long., to Foggy Cape at 56° 32.21' N. lat., 156° 58.40' W. long., to Cape Kunmik at 56° 46.63' N. lat., 157° 10.00' W. long.;

(9) Aniakchak Bay Section: all waters enclosed by a line from Cape Kunmik at 56° 46.63' N. lat., 157° 10.00' W. long. to Foggy Cape at 56° 32.21' N. lat., 156° 58.40' W. long., a line from the westernmost point of Sutwik Island at 56° 32.40' N. lat., 157° 19.90' W. long., to Cape Kumlik at 55° 38.45' N. lat., 157° 27.00' W. long.

(c) South Peninsula District: all waters of Registration Area J on the south side of the Alaska Peninsula that are west of a line from Kupreanof Point at 55° 33.98' N. lat., 159° 35.88' W. long. to Castle Rock at 55° 16.80' N. lat., 159° 29.11' W. long., and extending to a point offshore at 53° 26.51' N. lat., 156° 20.22' W. long., and east of a line extending from Scotch Cap Light along 164° 44.72' W. long.

(1) Stepovak Bay Section: all waters enclosed by a line from Kupreanof Point at 55° 33.98' N. lat., 159° 35.88' W. long., to Castle Rock at 55° 16.80' N. lat., 159° 29.11' W. long., to Cape Thompson at 55° 15.21' N. lat., 159° 31.23' W. long., a line from Big Koniuji Island at 55° 13.13' N. lat., 159° 34.45' W. long. to Nagai Island at 55° 10.75' N. lat., 159° 48.75' W. long., a line from Nagai Island at 55° 15.07' N. lat., 159° 56.50' W. long. to Andronica Island at 55° 18.45' N. lat., 160° 02.05' W. long., and a line from Andronica Island at 55° 20.46' N. lat., 160° 05.35' W. long. to Cape Devine at 55° 22.65' N. lat., 160° 08.95' W. long., to Karpa Island at 55° 30.06' N. lat., 160° 03.85' W. long., to the Alaska Peninsula (near San Diego Bay Lagoon) at 55° 33.93' N. lat., 160° 26.80' W. long.;

(2) Unga Straits Section: all waters enclosed by a line from the Alaska Peninsula (near San Diego Bay Lagoon) at 55° 33.93' N. lat., 160° 26.80' W. long. to Karpa Island at 55° 30.06' N. lat., 160° 03.85' W. long., to Cape Devine at 55° 22.65' N. lat., 160° 08.95' W. long., a line from Korovin Island at 55° 23.75' N. lat., 160° 19.25' W. long. to Popof Island at 55° 21.42' N. lat., 160° 20.00' W. long., a line from East Head at 55° 21.47' N. lat., 160° 29.55' W. long. to West Head at 55° 22.72' N. lat., 160° 31.17' W. long., and a line from Unga Spit to the Alaska Peninsula at 160° 43.50' W. long.;

(3) West Nagai Section: all waters enclosed by a line from West Head at 55° 22.72' N. lat., 160° 31.17' W. long. to East Head at 55° 21.47' N. lat., 160° 29.55' W. long., a line from Popof Island at 55° 21.42' N. lat., 160° 20.00' W. long. to Korovin Island at 55° 23.75' N. lat., 160° 19.25' W. long., a line from Cape Devine at 55° 22.65' N. lat., 160° 08.95' W. long. to Andronica Island at 55° 20.46' N. lat., 160° 05.35' W. long., a line from Andronica Island at 55° 18.45' N. lat., 160° 02.05' W. long., to Nagai Island at 55° 15.07' N. lat., 159° 56.50' W. long., a line from Mountain Point at 54° 51.82' N. lat., 160° 13.38' W. long. to a point offshore at 54° 41.35' N. lat., 160° 13.38' W. long., then to a point offshore at 54° 41.35' N. lat., 160° 49.25' W. long., to Acheredin Point at 55° 07.14' N. lat., 160° 49.25' W. long.;

(4) Beaver Bay Section: all waters enclosed by a line from Unga Spit to the Alaska Peninsula along 160° 43.50' W. long., and a line from Pinnacle Point at 55° 16.44' N. lat., 160° 51.60' W. long. to Seal Cape at 55° 21.59' N. lat., 161° 19.71' W. long.;

(5) Kenoys Island Section: all waters enclosed by a line from Acheredin Point at 55° 07.14' N. lat., 160° 49.25' W. long. to a point offshore at 54° 41.35' N. lat., 160° 49.25' W. long., to Goose Island at 54° 41.35' N. lat., 162° 13.24' W. long. to the easternmost point of Poperechnoi Island at 55° 04.00' N. lat., 161° 32.65' W. long., to the southernmost point on Wosnesenski Island at 55° 09.55' N. lat., 161° 20.36' W. long., and a line from the northeasternmost point of Wosnesenski Island at 55° 13.14' N. lat., 161° 19.71' W. long. to Seal Cape at 55° 21.59' N. lat., 161° 19.71' W. long., to Pinnacle Point at 55° 16.44' N. lat., 160° 51.60' W. long.;

(6) Pavlof Bay Section: all waters enclosed by a line from Seal Cape at 55° 21.59' N. lat., 161° 19.71' W. long. to the northeasternmost point of Wosnesenski Island at 55° 13.14' N. lat., 161° 19.71' W. long., and a line from the southernmost point of Wosnesenski Island at 55° 09.55' N. lat., 161° 20.36' W. long. to the easternmost point of Poperechnoi Island at 55° 04.00' N. lat., 161° 32.65' W. long., to a point offshore at 54° 55.28' N. lat., 161° 48.33' W. long., to the Alaska Peninsula at 55° 05.90' N. lat., 161° 59.00' W. long.;

(7) Belkofski Bay Section: all waters enclosed by a line from the Alaska Peninsula at 55° 05.90' N. lat., 161° 59.00' W. long. to a point offshore at 54° 55.28' N. lat., 161° 48.33' W. long., to Goose Island at 55° 41.35' N. lat., 162° 13.24' W. long., to Fawn Point at 54° 49.66' N. lat., 162° 19.05' W. long., and a line from West Cape at 54° 55.66' N. lat., 162° 26.19' W. long. to Thin Point at 54° 57.32' N. lat., 162° 33.50' W. long.;

(8) Morzhovoi Bay Section: all waters enclosed by a line from Thin Point at 54° 57.32' N. lat., 162° 33.50' W. long. to Cape Pankof at 54° 39.60' N. lat., 163° 03.70' W. long., and a line across Isanotski Strait at 54° 51.30' N. lat.

(d) North Peninsula District: all Bering Sea waters east of the longitude of Cape Sarichef.

(e) Aleutian District: all waters west of 164° 44.72' W. long. (the longitude of Scotch Cap Light) excluding the waters of the North Peninsula District.

(1) Unalaska Bay Section: all waters inside of a line from Cape Cheerful to Cape Kalekta;

(2) Makushin Bay Section: all waters inside a line from Cape Kovrizhka to Spray Cape;

(3) Beaver Inlet Section: all waters enclosed by a line from the tip of Brundate Head to the tip of Cape Sedanka;

(4) Usof Bay Section: all waters inside of a line from Whalebone Cape to Cape Prominence to Spray Cape.

History

Authority: AS 16.05.251

5 AAC 31.506 Area J registration {#sec-5-aac-31.506 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.506}

(a) Registration Area J is a nonexclusive registration area.

(b) A vessel validly registered to fish for shrimp with trawl gear in Registration Area J may fish for shrimp with trawl gear in Registration Area G without registering for that registration area.

(c) In Registration Area J, a vessel owner, or the owner's agent, shall register the vessel for the district in which the vessel will fish. A shrimp fishing vessel may not be registered to take shrimp in more than one district at a time. The department may require check-in and check-out procedures on the vessel registration form for fishing in specified sections within the registration district.

History

Authority: AS 16.05.251
Eff. 5/8/98, Register 146; am 7/31/2003, Register 167

5 AAC 31.510 Fishing seasons for Registration Area J {#sec-5-aac-31.510 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.510}

In Registration Area J, shrimp may only be taken from June 1 through February 28 and only under the terms of a permit issued by the department. In the permit, the department may specify

(1) fishing area;

(2) logbook requirements;

(3) biological sample collection requirements;

(4) reporting requirements;

(5) time-period specific harvest limits (trip limits); and

(6) any other conditions that the department determines are necessary for the conservation or management of the fishery.

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 31.515 Guideline harvest levels {#sec-5-aac-31.515 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.515}

Repealed 7/25/82.

5 AAC 31.525 Lawful gear for Registration Area J {#sec-5-aac-31.525 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.525}

(a) In Registration Area J, shrimp may be taken with pots, beam trawls, and otter trawls.

(b) A shrimp trawl must be equipped with a rigid finfish excluder device (FED). The FED must consist of a rigid grate with parallel bars spaced not more than two inches apart to exclude all fish and other objects, except those that are small enough to pass between its bars into the cod end of the trawl. The FED in a shrimp trawl must be secured forward of the cod end in a manner that precludes the passage of fish or other objects into the cod end without the fish or other objects having to pass between the bars of the FED. The trawl must have an outlet to allow the escape of fish or other objects that are too large to pass between the bars of the gate. The posterior edge of the escape outlet must be at least as wide as the maximum width of the grate. The escape outlet must extend forward of the grate toward the mouth of the net.

History

Authority: AS 16.05.251

5 AAC 31.530 Mainland Shrimp Management Plan {#sec-5-aac-31.530 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.530}

Repealed.

History

Eff. 7/25/82, Register 83; repealed 9/12/97, Register 143

5 AAC 31.535 Closed waters {#sec-5-aac-31.535 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.535}

Repealed 6/2/78.

5 AAC 31.540 Registration Area J inspection points {#sec-5-aac-31.540 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.540}

Repealed.

5 AAC 31.545 Subsistence fishery {#sec-5-aac-31.545 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.545}

Repealed 6/30/79.

5 AAC 31.550 District registration {#sec-5-aac-31.550 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.550}

Repealed 7/12/86.

5 AAC 31.590 Kodiak District Pot Shrimp Fisheries Management Plan {#sec-5-aac-31.590 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.590}

Repealed.

History

Eff. 9/12/97, Register 143; am 7/31/2003, Register 167; am 7/13/2012, Register 203; repealed 9/25/2022, Register 243

5 AAC 31.592 Chignik District Pot Shrimp Fisheries Management Plan {#sec-5-aac-31.592 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.592}

Repealed.

History

Eff. 7/31/2003, Register 167; repealed 9/25/2022, Register 243

5 AAC 31.595 Reporting requirements for shrimp catcher-processor vessels {#sec-5-aac-31.595 omnilex-key=us-ak-regs-official--title-5--5 AAC 31.595}

Repealed.

History

Eff. 7/31/2003, Register 167; repealed 9/25/2022, Register 243

Chapter 32 Dungeness Crab Fishery

Article 1 Registration Areas

5 AAC 32.001 Application of this chapter {#sec-5-aac-32.001 omnilex-key=us-ak-regs-official--title-5--5 AAC 32.001}

Unless otherwise specified, the requirements set out in this chapter apply only to commercial fishing for Dungeness crab. Subsistence, personal use, and sport fishing regulations that affect commercial Dungeness crab fishing vessels or activity are set out in the subsistence fishing regulations in 5 AAC 02, personal use fishing regulations in 5 AAC 77, and sport fishing regulations in 5 AAC 47 - 5 AAC 75.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 32.005 Registration areas established {#sec-5-aac-32.005 omnilex-key=us-ak-regs-official--title-5--5 AAC 32.005}

(a) Dungeness crab registration areas and code letters are:

Code Letter

A - Southeastern Alaska Area (5 AAC 32.100)

D - Yakutat Area (5 AAC 32.155)

E - Prince William Sound Area (5 AAC 32.200)

H - Cook Inlet Area (5 AAC 32.300)

J - Westward Area (5 AAC 32.400)

(b) The board will designate each registration area, or portion of a registration area, and each district of a registration area identified in (a) of this section as one of the following:

(1) superexclusive registration area or superexclusive registration district: a person who validly registers a vessel to fish for Dungeness crab in a Dungeness crab superexclusive registration area or district may not use the vessel to fish for Dungeness crab in another Dungeness crab registration area or district during the same registration year; or

(2) nonexclusive registration area or nonexclusive registration district: during the same registration year, a person who validly registers a vessel to fish for Dungeness crab in a nonexclusive registration area or nonexclusive registration district may register the vessel to fish for Dungeness crab in one or more of the Dungeness crab nonexclusive registration areas or districts, but may not use that vessel to fish for Dungeness crab in a superexclusive registration area or district.

History

Authority: AS 16.05.251

5 AAC 32.010 Application of regulations {#sec-5-aac-32.010 omnilex-key=us-ak-regs-official--title-5--5 AAC 32.010}

(a) Unless otherwise specified in this chapter, the regulations in this chapter that apply to fishing for Dungeness crab in a registration area or registration district also apply to fishing for Dungeness crab in the adjacent waters of the exclusive economic zone.

(b) The commissioner may suspend the application of the regulations in this chapter to all or to a portion of the waters of the exclusive economic zone that are adjacent to a Dungeness crab registration area or to a Dungeness crab registration district if the commissioner finds that

(1) application of the regulations to the zone will not facilitate the enforcement of regulations in the registration area or district;

(2) application of the regulations to the zone will not protect or conserve Dungeness crab stocks inhabiting the registration area or district; or

(3) the state has an insufficient interest in Dungeness crab that inhabit the waters of the adjacent exclusive economic zone to warrant extending the state's jurisdiction to those waters.

(c) For purposes of this section, "exclusive economic zone" means all the waters adjacent to a Dungeness crab registration area and seaward to a boundary that is a line drawn in such a manner that each point on it is 200 nautical miles from the baseline from which the territorial sea is measured.

History

Authority: AS 16.05.251; AS 16.10.190

5 AAC 32.020 Dungeness crab area registration {#sec-5-aac-32.020 omnilex-key=us-ak-regs-official--title-5--5 AAC 32.020}

(a) In addition to the requirements of 5 AAC 39.120 and unless otherwise specified in this chapter, a vessel owner, or owner's agent, shall validly register a vessel to be used to fish for Dungeness crab in a Dungeness crab registration area or a Dungeness crab registration district before using that vessel to take Dungeness crab in that registration area or registration district or in the exclusive economic zone adjacent to the registration area or registration district.

(b) The Dungeness crab registration year is January 1 through December 31.

(c) The department shall issue a registration certificate to a vessel that is to be used to fish for Dungeness crab if the vessel owner, or the owner's agent, completes and submits to the department a registration form obtained from the local representative of the department, and if the vessel is licensed and otherwise complies with AS 16 and with this title. The vessel owner, or the owner's agent, shall sign the registration certificate when it is issued, shall keep it on board the vessel and immediately available at all times during fishing operations, and shall show it upon the request of a peace officer of the state.

(d) In a Dungeness crab registration area or district, where a tank inspection is required, a vessel registration is not valid until the vessel has successfully completed a tank inspection. A tank inspection is not successfully completed unless, at the time of inspection, a holder of a valid CFEC interim use or limited entry permit issued for the registration area or district for which the vessel is being registered is on board the vessel and the holder of the permit has the permit in possession. A successfully completed tank inspection validates the vessel's registration for a registration area or district. If a tank inspection is not required in a registration area or district, compliance with (c) of this section validates the vessel registration.

(e) The department may cancel a vessel registration for a registration area or district for the purpose of allowing the vessel to fish for Dungeness crab in another registration area or district, except that once a vessel has been inspected for

(1) a superexclusive registration area or a superexclusive registration district, the department may not cancel the vessel registration in order to allow a person to use the vessel to fish for Dungeness crab in another registration area or registration district;

(2) a nonexclusive registration area or nonexclusive registration district, the department may not cancel the vessel registration in order to allow a person to use the vessel to fish for Dungeness crab in a superexclusive registration area or in a superexclusive registration district.

(f) A vessel validly registered to fish for Dungeness crab in a Dungeness crab registration area or Dungeness crab registration district may not take another species of crab in another crab registration area or crab registration district. A person may not validly register a vessel to fish for Dungeness crab in more than one Dungeness crab registration area or Dungeness crab registration district at a time.

(g) Unless otherwise specified in this chapter, a valid area or district registration to fish for Dungeness crab expires 24 hours after the closure of the Dungeness crab fishing season for the registration area or registration district.

History

Authority: AS 16.05.251

5 AAC 32.030 Inspection requirements {#sec-5-aac-32.030 omnilex-key=us-ak-regs-official--title-5--5 AAC 32.030}

(a) Except as provided in (b) and (c) of this section and unless otherwise specified in this chapter, a person may not fish for Dungeness crab using a vessel that is registered to fish in a Dungeness crab registration area unless that vessel has been inspected by a local representative of the department. The local representative shall make the inspection within 24 hours before a season opening or during the season. The inspection must occur at an inspection point specified in this chapter. Dungeness crab may not be on board the vessel at the time of the inspection. Successful completion of the inspection validates the registration for the registration area or district. If an inspection is not required, completion of the registration form and submission of the completed form to the department by the vessel owner or the owner's agent validates the registration.

(b) By public announcement, the commissioner may require that vessels fishing for Dungeness crab be inspected before the vessels may fish in areas that are exempt from the vessel inspection requirements of this chapter.

(c) From 24 hours before a season opens in a registration area until the season closure in the registration area, the inspection requirements of this section do not apply to a vessel that is registered to fish for Dungeness crab if the vessel does not have a saltwater circulation system in its fish holds or crab tanks.

(d) The local representative of the department may not begin an inspection of a vessel in a registration area earlier than 24 hours before a Dungeness crab fishing season opens in that registration area.

(e) The commissioner may designate additional inspection points if the commissioner finds that

(1) the existing inspection points impose an unforeseen and significant hardship that persons fishing for Dungeness crab cannot mitigate;

(2) the department does not have a practical way to change existing inspection points to alleviate the hardship; and

(3) designating additional inspection points would not cause a significant likelihood that unauthorized fishing or other management or enforcement problems will occur.

(f) The department shall issue an inspection certificate to the vessel owner or the owner's agent upon successful completion of an inspection required by this chapter. Before the department may issue the certificate, the vessel owner or the owner's agent shall show to the local representative of the department who is making the inspection a current registration certificate for the Dungeness crab registration area. The vessel owner, or the owner's agent, shall sign the inspection certificate when received, shall keep it on the vessel and available at all times during fishing operations, and shall, upon request, show it to a peace officer of the state.

History

Authority: AS 16.05.251

5 AAC 32.031 Landing requirements {#sec-5-aac-32.031 omnilex-key=us-ak-regs-official--title-5--5 AAC 32.031}

(a) Except as provided in (b) of this section, a Dungeness crab vessel may not land Dungeness crab at a location that is not within a registration area for which it is then validly registered.

(b) The owner, or the owner's agent, of a vessel validly registered to fish for Dungeness crab in a registration area or district leaving that area or district with the intention of landing Dungeness crab in another registration area shall contact by radio or telephone a local representative of the department. The contact must be made to the local representative of the department located in the registration area from which the vessel will move. Unless the local representative of the department does not require an inspection of the vessel, the owner or agent shall submit to a vessel inspection at a location specified by the representative. When the vessel lands Dungeness crab in the new area or district, the vessel may not have more Dungeness crab on board than when the vessel was inspected. When the vessel owner or the owner's agent contacts the local representative of the department, if the local representative of the department does not require an inspection under this subsection, the vessel owner, or the owner's agent, making radio or telephone contact shall state to the representative the amount by weight or number of Dungeness crab then on board. Thereafter, the vessel may not land in the new area an amount of Dungeness crab that, by weight or number, exceeds by 10 percent, whether more or less, the amount stated at the time of the contact with the department's local representative.

(c) When, under (b) of this section, a vessel lands Dungeness crab in another registration area or district, the vessel's former registration expires. To become validly registered to fish for Dungeness crab in an area, the owner of the vessel or the owner's agent shall comply with 5 AAC 32.030 or with the inspection requirements for a specific registration area or district otherwise specified in this chapter.

(d) Unless otherwise specified in this chapter, after 24 hours following the closure of Dungeness crab fishing in a registration area, portion of a registration area, district, subdistrict, or section, a vessel registered to fish for Dungeness crab in the area may not have Dungeness crab on board unless

(1) the vessel is validly registered for another registration area and the Dungeness crab fishing season is open in that area;

(2) the vessel complies with 5 AAC 32.020 and 5 AAC 32.030; and

(3) within 24 hours after the closure of the area, the vessel operator contacts in person or by radio a local representative of the department who is located at a landing port or at an inspection point that is specified in this chapter or by the department, and the representative has authorized the vessel operator to possess the Dungeness crab for a longer period of time.

(e) The vessel owner, or owner's agent, of a vessel that fishes for Dungeness crab and that has sunk may apply to the commissioner for a permit to sell male Dungeness crab of legal size removed by the owner, or the owner's agent, from pots that were set from the sunken vessel. The commissioner may issue the permit even though the Dungeness crab season is closed in the registration area where the pots were set. The owner, or owner's agent, shall apply to the commissioner for the permit no more than 14 days after the sinking of the vessel. The fish ticket for the sale of the Dungeness crab recovered under the permit must show that the delivery was made by the sunken vessel.

History

Authority: AS 16.05.251
Eff. 5/8/98, Register 146

5 AAC 32.033 Tenders for Dungeness crab {#sec-5-aac-32.033 omnilex-key=us-ak-regs-official--title-5--5 AAC 32.033}

(a) A vessel used to tender Dungeness crab delivered by a vessel that is validly registered to take Dungeness crab

(1) may not have Dungeness crab gear on board; and

(2) may not be used to fish for Dungeness crab.

(b) Before taking Dungeness crab on board the tendering vessel, the operator of the vessel shall register that vessel with a local representative of the department who is located within the registration area or district in which the vessel will be tendering.

(c) Before a vessel used to tender Dungeness crab leaves a Dungeness crab registration area or district, the operator of a tendering vessel shall contact in person, or by radio or telephone, a local representative of the department who is located in the registration area and shall state the amount, by weight or number, of Dungeness crab on board and the vessel's unloading destination.

(d) In addition to a tendering vessel described in (a) of this section, a vessel that is validly registered under 5 AAC 32.020 to fish for Dungeness crab in a registration area or a registration district may be used to tender Dungeness crab in

(1) registration areas or registration districts for which the vessel is not registered if the vessel otherwise complies with applicable regulations in this chapter;

(2) the registration area or registration district if the vessel's Dungeness crab registration for that registration area or registration district has been canceled by a local representative of the department and the vessel has been inspected as specified in 5 AAC 32.030.

(e) A vessel described in (d) of this section that is used to tender Dungeness crab must comply with (b) and (c) of this section.

(f) A vessel tendering Dungeness crab is not governed by the regulations that establish restrictions and registration requirements for superexclusive or nonexclusive registration areas.

History

Authority: AS 16.05.251

5 AAC 32.035 Closure of Dungeness crab registration areas and appeal procedures {#sec-5-aac-32.035 omnilex-key=us-ak-regs-official--title-5--5 AAC 32.035}

(a) The commissioner shall monitor the condition of Dungeness crab in all registration areas by using the data and information that are practically available.

(b) When the commissioner finds that continued Dungeness crab fishing would jeopardize the health of the Dungeness crab stock within a registration area or portion of a registration area, the commissioner, by emergency order, shall close fishing for Dungeness crab in that registration area or portion of the registration area.

(1) the effect of overall fishing effort within the statistical area encompassing the registration area;

(2) catch per unit of effort and rate of harvest;

(3) such guideline harvest levels as may be promulgated by regulation;

(4) the proportion of immature or soft shell Dungeness crab being handled;

(5) general information on the condition of Dungeness crab within the area;

(6) information pertaining to the maximum sustainable yield level of Dungeness crab within the registration area;

(8) adequacy of subsistence harvests within the registration area.

(d) If a registration area or portion of a registration area is closed to fishing for Dungeness crab, the holder of a valid CFEC interim use or limited entry permit for Dungeness crab in the registration area or portion of the registration area, or the vessel owner, or the owner's agent, of a vessel that was validly registered to fish for Dungeness crab in the registration area or portion of the registration area may submit a written request to the commissioner to reopen the registration area or portion of the registration area. The person making a request to reopen the closed area shall make the request within five days following the closure. In considering the request to reopen, the commissioner shall consider all relevant information concerning the condition of Dungeness crab stocks within the closed registration area or portion of the registration area. Within 14 days after receiving the request, the commissioner shall publicly announce a decision either to maintain the closure or to reopen by emergency order the registration area or portion of the registration area.

(e) Repealed 5/8/98.

(f) The provisions of (a) - (d) of this section also apply to closures of districts, subdistricts, sections or any other portion of a registration area to fishing for Dungeness crab.

History

Authority: AS 16.05.020; AS 16.05.060; AS 16.05.251

Article 2 General Specifications and Restrictions

5 AAC 32.050 Lawful gear for Dungeness crab {#sec-5-aac-32.050 omnilex-key=us-ak-regs-official--title-5--5 AAC 32.050}

(a) Unless otherwise specified in this chapter, a person may fish for Dungeness crab only with ring nets, diving gear, and Dungeness crab pots.

(b) A Dungeness crab pot must have

(1) permanent and rigid tunnel eye openings that individually do not exceed 30 inches (76 mm) in perimeter; and

(2) two circular escape rings of four and three-eighths inches (11 cm) minimum inside diameter; the rings must be on opposite sides of the pot and must be on the upper half of the vertical plane of the pot.

History

Authority: AS 16.05.251

5 AAC 32.051 Dungeness crab gear marking requirements {#sec-5-aac-32.051 omnilex-key=us-ak-regs-official--title-5--5 AAC 32.051}

Unless otherwise specified in this chapter, each Dungeness crab pot or ring net must have at least one buoy. At least one buoy on each Dungeness crab pot and at least one buoy on each Dungeness crab ring net must be legibly marked with the permanent ADF&G vessel license plate number of the vessel operating the gear. The buoy must show only that number. The number must be in symbols that are at least one and one-half inches high, and the symbols must have lines that are at least one-quarter inch wide and that are in a shade or color that contrasts with the background.

History

Authority: AS 16.05.251
Eff. 5/8/98, Register 146

5 AAC 32.052 Dungeness crab pot gear storage requirements {#sec-5-aac-32.052 omnilex-key=us-ak-regs-official--title-5--5 AAC 32.052}

(a) Except as specifically provided in (b) and (c) of this section and unless otherwise specified in this chapter, during the closed season for fishing for Dungeness crab in any waters, Dungeness crab pots must be removed from the water.

(b) Notwithstanding the requirement of (a) of this section, in waters that are closed to fishing for Dungeness crab, a person may store in the waters that are closed to Dungeness crab fishing the person's Dungeness crab pots if all pot doors are secured fully open and all bait and bait containers are removed. A person may store the pots in the water

(1) for no more than seven days after the closure to fishing for Dungeness crab in

(A) Registration Areas A, D, and H;

(B) a district in Registration Area J; or

(2) for no more than 72 hours after the closure to fishing for Dungeness crab in

(A) any portion of Registration Areas A, D, and H; or

(B) any portion of a district in Registration Areas J and E, except in a portion of the Copper River District of Registration Area E.

(c) The operator of a vessel fishing for Dungeness crab may obtain an extension to a deadline set out in (b) of this section if, due to a major vessel breakdown or extreme weather conditions, the vessel operator is unable to remove the pots from the waters before the deadline set out in (b) of this section. To obtain the extension authorized by this subsection, the vessel operator shall contact in person, or by radio or telephone, with a local representative of the department at a landing port or inspection point specified in this chapter or by the department and request a time extension. If the local representative determines that the circumstances described in this subsection are met, the local representative will grant a time extension to the vessel operator that is reasonable under the circumstances.

History

Authority: AS 16.05.251
Eff. 5/8/98, Register 146

5 AAC 32.053 Operation of other pot gear {#sec-5-aac-32.053 omnilex-key=us-ak-regs-official--title-5--5 AAC 32.053}

(a) Unless otherwise specified in this chapter, the provisions of this section apply to persons and vessels used in a commercial Dungeness crab fishery.

(b) Except as provided in (e) and (f) of this section, a person may not participate in a commercial Dungeness crab fishery in a Dungeness crab registration area if the person

(1) operated commercial, subsistence, sport, or personal use pots of any type during the 14 days immediately before the opening of a commercial Dungeness crab fishery in the registration area where the fishing with pots occurred; or

(2) operates a vessel that was used or operated by the person or by another person operating pots of any type in a commercial, subsistence, sport, or personal use fishery during the 14 days immediately before the opening of the commercial Dungeness crab fishery in the registration area where the fishing with pots occurred.

(1) may not operate commercial, subsistence, sport, or personal use pots of any type in that registration area during the 14 days immediately following the close of the Dungeness crab fishery unless

(A) the person removes from the water the pots that are used and marked for the commercial Dungeness crab fishery or puts the pots in storage, as specified in 5 AAC 32.052, and contacts, in person, the local representative of the department in the registration area and makes a request that the vessel's Dungeness crab registration be canceled, and the department cancels the vessel's Dungeness crab registration; or

(B) pots that are used and marked for the commercial Dungeness crab fishery are lawful gear for another fishery, the person who operates the pots holds a valid ADF&G or CFEC permit for the other fishery, and the person contacts, in person, the local representative of the department and makes a request that the vessel's Dungeness crab registration be canceled and the department cancels the vessel's Dungeness crab registration; or

(2) may not operate commercial, subsistence, sport, or personal use pots in that registration area during the 14 days immediately following the close of the Dungeness crab fishery from a vessel that was used or operated by the person or by another person in the commercial Dungeness crab fishery in the Dungeness crab registration area unless

(A) the person who used or operated the vessel in the commercial Dungeness crab fishery removes from the water all pots that are used and marked for the commercial Dungeness crab fishery or puts the pots in storage, as specified in 5 AAC 32.052, and contacts, in person, the local representative of the department in the registration area and makes a request that the vessel's Dungeness crab registration be canceled, and the department cancels the vessel's Dungeness crab registration; or

(B) pots that are used and marked for the commercial Dungeness crab fishery are lawful gear for another fishery, the person who operates the pots holds a valid ADF&G or CFEC permit for the other fishery, and the person who used or operated the vessel contacts, in person, the local representative of the department and makes a request that the vessel's Dungeness crab registration be canceled and the department cancels the vessel's Dungeness crab registration.

(d) A person

(1) may stop participating in a commercial Dungeness crab fishery and instead may operate commercial pots other than Dungeness crab pots if

(A) the person removes from the water the pots that are used and marked for the commercial Dungeness crab fishery or puts them in storage as specified in 5 AAC 32.052; and

(B) the vessel owner, or owner's agent, contacts a local representative of the department, in person, and requests that the department cancel the vessel's Dungeness crab registration, and the department cancels the vessel's Dungeness crab registration; or

(2) may stop using a vessel to participate in a commercial Dungeness crab fishery and instead may use the vessel to operate commercial pots other than Dungeness crab pots if

(A) the person removes from the water the pots that are used and marked for the commercial Dungeness crab fishery or puts them in storage, as specified in 5 AAC 32.052; and

(e) The provisions of (b) of this section do not apply to a person or vessel participating in the commercial Pacific cod fisheries described in 5 AAC 28.467 (Kodiak Area), 5 AAC 28.537 (Chignik Area), 5 AAC 28.577 (South Alaska Peninsula Area), 5 AAC 28.647 (Aleutian Islands Subdistrict), or 5 AAC 28.648 (Dutch Harbor Subdistrict).

(f) The provisions of (b) - (d) of this section do not apply to a person or vessel participating in commercial sablefish fisheries in Registration Area J.

History

Authority: AS 16.05.251
Eff. 5/8/98, Register 146; am 5/31/98, Register 146; am 7/10/2025, Register 255

5 AAC 32.055 Size limits for Dungeness crab {#sec-5-aac-32.055 omnilex-key=us-ak-regs-official--title-5--5 AAC 32.055}

(a) Unless otherwise provided in this chapter, only male Dungeness crab six and one-half inches or greater in shoulder width may be taken or possessed.

(b) Shoulder width measurement of Dungeness crab shall be the straight-line distance across the carapace immediately anterior to the tenth anterolateral spine and shall not include the spines.

History

Authority: AS 16.05.251

5 AAC 32.057 Female and undersize Dungeness crab {#sec-5-aac-32.057 omnilex-key=us-ak-regs-official--title-5--5 AAC 32.057}

Male Dungeness crab less than minimum size and female Dungeness crab may not be taken or possessed. Such Dungeness crab which have been taken must be immediately returned unharmed to the sea.

History

Authority: AS 16.05.251(a)

5 AAC 32.070 Registration and inspection documents {#sec-5-aac-32.070 omnilex-key=us-ak-regs-official--title-5--5 AAC 32.070}

Repealed.

5 AAC 32.071 Interim application of regulations {#sec-5-aac-32.071 omnilex-key=us-ak-regs-official--title-5--5 AAC 32.071}

Repealed 6/28/75.

5 AAC 32.075 Reporting of Dungeness crab catches lost or not purchased {#sec-5-aac-32.075 omnilex-key=us-ak-regs-official--title-5--5 AAC 32.075}

(a) Each Dungeness crab fisherman shall indicate on the fish ticket at the time of landing any Dungeness crab harvested which are not purchased by a processor or buyer, or which have been dumped at sea.

(b) Each buyer of Dungeness crab shall indicate on the fish ticket any Dungeness crab from a delivery which were not purchased.

History

Authority: AS 16.05.251
Eff. 6/30/83, Register 86

5 AAC 32.081 Definition of "rigid" as applied to tunnel eye openings {#sec-5-aac-32.081 omnilex-key=us-ak-regs-official--title-5--5 AAC 32.081}

In this chapter, "rigid," as applied to Dungeness crab pot tunnel eye openings, means that after placing 20 pounds of pressure, in any direction, anywhere around the perimeter of the tunnel eye opening, the opening is no larger than a maximum dimension allowed under this chapter.

History

Authority: AS 16.05.251
Eff. 9/12/97, Register 143

Article 3 (Repealed)

5 AAC 32.085 Agreements for use privilege {#sec-5-aac-32.085 omnilex-key=us-ak-regs-official--title-5--5 AAC 32.085}

Repealed.

Article 4 (Repealed)

Article 5 Registration Area A (Southeastern Alaska)

5 AAC 32.100 Description of Registration Area A {#sec-5-aac-32.100 omnilex-key=us-ak-regs-official--title-5--5 AAC 32.100}

Registration Area A (Southeastern Alaska) has as its southern boundary the International Boundary at Dixon Entrance and as its northern boundary a line extending seaward from the western tip of Cape Fairweather, at 58° 47.89' N. lat., 137° 56.68' W. long., to the intersection with the seaward limit of the three-nautical-mile territorial sea at 58° 45.96' N. lat., 138° 01.40' W. long.

History

Authority: AS 16.05.251

5 AAC 32.105 Description of Registration Area A districts {#sec-5-aac-32.105 omnilex-key=us-ak-regs-official--title-5--5 AAC 32.105}

The districts for Registration Area A for Dungeness crab are the same as the districts that are described in 5 AAC 33.200.

History

Authority: AS 16.05.251

5 AAC 32.106 Area A registration {#sec-5-aac-32.106 omnilex-key=us-ak-regs-official--title-5--5 AAC 32.106}

(a) Registration Area A is a superexclusive registration area.

(b) In Registration Area A, a registration, if not otherwise canceled by the department, remains valid throughout the Dungeness crab registration year described in 5 AAC 32.020(b).

(c) In Registration Area A, a CFEC interim use or limited entry permit holder may fish for Dungeness crab from a vessel only if the permit holder's name and permit number appear on the vessel registration issued under 5 AAC 32.020.

History

Authority: AS 16.05.251
Eff. 6/3/97, Register 143; am 10/29/97, Register 144; am 5/8/98, Register 146

5 AAC 32.110 Fishing seasons for Registration Area A {#sec-5-aac-32.110 omnilex-key=us-ak-regs-official--title-5--5 AAC 32.110}

In Registration Area A, male Dungeness crab may be taken or possessed only as follows:

(1) from 8:00 a.m. June 15 through 11:59 p.m. August 15 and from 8:00 a.m. October 1 through 11 :59 p.m. November 30, in all waters of Registration Area A other than those waters specified in (2) and (3) of this section;

(2) from 8:00 a.m. October 1 through 11 :59 p.m. November 30, in the waters of

(A) Section 13-B that are in the Sitka Sound Special Use Area described in 5 AAC 32.150(10);

(B) Whale Passage north and west of a line extending from 56° 05.65' N. lat., 133° 07.30' W. long. to 56° 05.85' N. lat., 133° 06.40' W. long.;

(3) from 8:00 a.m. October 1 through 11:59 p.m. February 28, in

(A) District 1;

(B) District 2; and

History

Authority: AS 16.05.251

5 AAC 32.125 Lawful gear for Registration Area A {#sec-5-aac-32.125 omnilex-key=us-ak-regs-official--title-5--5 AAC 32.125}

(a) In Registration Area A, no more than 300 Dungeness crab pots may be operated from a single vessel to take Dungeness crab under any circumstances. A person may not operate more pots than allowed under the terms of that person's CFEC permit. If multiple CFEC permit holders are registered to fish from a vessel, the maximum number of pots that may be operated from that vessel is the aggregate of the number of pots allowed under the registered permit holders' permits, except that the number of pots operated on board that vessel may not exceed 300 pots.

(b) For a vessel registered for more than one permit holder to operate gear, each registered CFEC permit holder must be on board the vessel when more than one CFEC permit holder's Dungeness crab pot gear is in the water and

(1) gear is on board the vessel;

(2) gear is being set or retrieved; or

(3) Dungeness crab is on board the vessel.

(c) In Registration Area A, a person may not longline pots to take Dungeness crab. Each pot in operation must be individually buoyed and marked as described in 5 AAC 32.126 and this section.

(d) In Registration Area A, all Dungeness crab pots and ring nets operated by a CFEC limited entry or interim-use permit holder must be buoyed with buoys that are essentially the same in color, shape, size, and markings. At least one buoy on each Dungeness crab pot or ring net must be legibly marked with the permanent ADF&G vessel license plate number of the Dungeness crab vessel operating the gear. The buoy, or multiple buoys attached to a Dungeness crab pot or ring net, may not bear more than one vessel license number. The vessel license number must be in symbols at least one and one-half inches high and at least one-quarter inch wide in a color that contrasts with the background of the buoy.

(e) In Registration Area A, in addition to the requirements in (d) of this section, when more than one permit holder is fishing from a single vessel, at least one buoy or tag attached to a buoy on each pot or ring net must be legibly marked with the last five numeric digits of the permit holder's CFEC limited entry or interim use permit number. The buoy, multiple buoys, or tags attached to a Dungeness crab pot or ring net may bear the numeric digits from only one CFEC limited entry or interim use permit.

(f) In addition to the requirements specified in 5 AAC 32.050, a commercial Dungeness crab pot is a circular pot that has an outside diameter that is not more than 50 inches and is not more than 18 inches high or a square pot with a diagonal measurement that does not exceed 50 inches and is not more than 18 inches high.

History

Authority: AS 16.05.251

5 AAC 32.126 Dungeness crab pot marking requirements for Registration Area A {#sec-5-aac-32.126 omnilex-key=us-ak-regs-official--title-5--5 AAC 32.126}

(a) In addition to the marking requirements of 5 AAC 32.051 and 5 AAC 32.125, each Dungeness crab pot must have one identification tag issued by the department attached to the main buoy or on the trailer buoy if more than one buoy is attached to the pot.

(b) Identification tags are issued before each fishing season, are uniquely numbered for each registration year, and will be issued to the CFEC permit holder at the time of vessel registration. The permit holder, or the permit holder's agent, shall apply for identification tags at a department office designated to issue tags. Replacement of lost tags during a season is permitted if the permit holder submits a sworn statement or affidavit describing how the tags were lost and listing the numbers of the lost tags. Tags shall be renewed annually at the time of registration before each fishing season.

History

Authority: AS 16.05.251
Eff. 6/3/2000, Register 154; am 11/16/2000, Register 156; am 6/17/2018, Register 226

5 AAC 32.128 Operation of other gear in Registration Area A {#sec-5-aac-32.128 omnilex-key=us-ak-regs-official--title-5--5 AAC 32.128}

(a) Notwithstanding 5 AAC 32.053, a person or vessel that operates commercial king crab pots in waters deeper than 100 fathoms or operates commercial, personal use, or subsistence shrimp pots during the 14 days immediately before the opening of the commercial Dungeness crab fishery in Registration Area A may participate in the commercial Dungeness crab fishery.

(b) A vessel owner, or the owner's agent, may not register a vessel for the commercial Dungeness crab fishery and the commercial beam trawl shrimp fishery at the same time. A vessel owner, or the owner's agent, may cancel a vessel's registration for the commercial Dungeness crab fishery and register a vessel for the commercial beam trawl shrimp fishery if

(1) the person removes from the water the pots that are used and marked for the commercial Dungeness crab fishery, or stores the pots as specified in 5 AAC 32.052; and

(2) the vessel owner, or the owner's agent, contacts a local representative of the department, in person, and requests that the department cancel the vessel's commercial Dungeness crab registration.

(c) Notwithstanding 5 AAC 32.053(d), 5 AAC 34.053(2), and 5 AAC 35.053(2), a person or vessel may operate commercial king crab or Tanner crab pots during an open Dungeness crab season in Registration Area A if a commercial king crab or Tanner crab season is open in Registration Area A at the same time as the commercial Dungeness crab season.

History

Authority: AS 16.05.251
Eff. 7/18/2003, Register 167; am 5/11/2012, Register 202; am 8/27/2016, Register 219; am 6/27/2025, Register 254

5 AAC 32.140 Registration Area A inspection and inspection points {#sec-5-aac-32.140 omnilex-key=us-ak-regs-official--title-5--5 AAC 32.140}

(a) Unless required under (b) of this section, a vessel fishing for Dungeness crab in Registration Area A is not required to undergo a vessel inspection, as specified in 5 AAC 32.030.

(b) The commissioner, by announcement, may require that vessels fishing for Dungeness crab in Registration Area A be inspected as specified in 5 AAC 32.030.

(d) A vessel delivering Dungeness crab in accordance with 5 AAC 32.031(b) may be reinspected at Cordova.

History

Authority: AS 16.05.251

5 AAC 32.143 Reporting requirements for the Dungeness crab fishery in Registration Area A {#sec-5-aac-32.143 omnilex-key=us-ak-regs-official--title-5--5 AAC 32.143}

(a) The owner or operator of a catcher-seller vessel registered to take Dungeness crab in Registration Area A shall complete an ADF&G fish ticket indicating the estimated number and weight of crab by species on board the vessel before any crab are removed from that vessel. The ADF&G fish ticket must be updated with the correct number and weight of crab by species when the crab are sold.

(b) For the purposes of this section, "catcher-seller vessel" means a vessel from which Dungeness crab are caught if there is any attempt to sell unprocessed Dungeness crab by the vessel to a person not licensed to process crab.

History

Authority: AS 16.05.251
Eff. 5/26/2006, Register 178

5 AAC 32.145 Subsistence fishery {#sec-5-aac-32.145 omnilex-key=us-ak-regs-official--title-5--5 AAC 32.145}

Repealed 6/30/79.

5 AAC 32.146 Southeastern Alaska Area Dungeness Crab Fisheries Management Plan {#sec-5-aac-32.146 omnilex-key=us-ak-regs-official--title-5--5 AAC 32.146}

In the absence of adequate stock assessment, the department shall manage the Dungeness crab fishery in Registration Area A (Southeastern Alaska) using a precautionary approach. When stocks are assessed to be low, the department shall, subject to the commissioner's authority under 5 AAC 32.035, reduce the harvest of legal Dungeness crab and reduce the handling of nonlegal, light, and soft-shell Dungeness crab by complying with the following:

(1) no later than 14 days after the start of the summer Dungeness crab fishing season specified in 5 AAC 32.110, the department shall establish a projection of harvest thresholds for the season;

(2) if the department projects that the entire season's catch of legal Dungeness crab will be

(A) 1.5 million pounds or less, the department will close the summer Dungeness crab fishing season no sooner than 21 days after the season opened, and the fall Dungeness crab fishing season specified in 5 AAC 32.110 will not open;

(B) more than 1.5 million pounds, but less than 2.25 million pounds, the department will close the summer Dungeness crab fishing season no sooner than 28 days after the season opened, and the fall Dungeness crab fishing season will be open for 30 days;

(C) more than 2.25 million pounds, the summer and fall Dungeness crab fishing seasons will occur as specified in 5 AAC 32.110;

(3) if the department determines that harvest projections fail to meet the threshold for a season as described in (2)(C) of this section due to soft-shelled crabs early in the summer Dungeness crab fishing season, the department may open the fall Dungeness crab fishing season as specified in 5 AAC 32.110.

History

Authority: AS 16.05.251
Eff. 10/12/2000, Register 156; am 7/29/2009, Register 191

5 AAC 32.150 Closed waters in Registration Area A {#sec-5-aac-32.150 omnilex-key=us-ak-regs-official--title-5--5 AAC 32.150}

In Registration Area A, the following waters are closed to the taking of Dungeness crab:

(1) waters of Section 11-A that are

(A) north of a line from Marmion Island Light to the easternmost tip of Point Salisbury and east of a line extending from the northernmost tip of Outer Point to the southernmost tip of Portland Island to the northernmost tip of Portland Island to the southernmost tip of Point Louisa; and

(B) off the mainland shore enclosed by a line from the northernmost tip of the peninsula at the Shrine of St. Terese to Gull Island, extending to the Sentinel Island Light, and east to the mainland at the latitude of the Sentinel Island Light;

(2) waters of Tenakee Inlet west of Corner Bay Point at 135° 06.50' W. long. and east of the Crab Bay log transfer facility at 135° 18.18' W. long.;

(3) waters of Port Althorp enclosed by a line from Point Lucan to 58° 09.71' N. lat., 136° 19.67' W. long.;

(4) waters of Merrifield Bay and Port Protection enclosed by a line extending west from Protection Head (56° 18.83' N. lat., 133° 39.77' W. long.) to 133° 40' W. long., then north to 56° 22' N. lat., then east to 133° 34' W. long., then south to a point on Prince of Wales Island at 56° 21.05' N. lat., 133° 34' W. long.;

(5) waters of Thorne Bay west of the longitude of the easternmost tip of Thorne Head;

(6) waters of Icy Passage enclosed by a line starting from the northernmost end of the Gustavus Dock to the southernmost end of the Gustavus Dock to the navigational buoy off the mouth of the Salmon River to an (ADF&G) marker on the shoreline directly north of the buoy and then along the shoreline to the starting point;

(7) waters of Blank Inlet north and west of a line from Blank Point to Blank Island Light to the easternmost point tip of Gravina Point;

(8) waters of Bostwick Inlet north and west of a line from Bostwick Point to an unnamed point at 55° 12.83' N. lat., 131° 43.92' W. long.;

(9) waters of Mud (Flat) Bay west of the longitude of a point at 59° 09.03' N. lat., 135° 19.97' W. long.;

(10) from December 1 through September 30, the waters of District 13-B that are in the Sitka Sound Special Use Area, which is that area of Sitka Sound enclosed on the north by lines from Kruzof Island at 57° 20.50' N. lat., 135° 45.17' W. long. to Chichagof Island at 57° 22.05' N. lat., 135° 43' W. long., and from Chichagof Island at 57° 22.58' N. lat., 135° 41.30' W. long. to Baranof Island at 57° 22.28' N. lat., 135° 40.95' W. long., and on the south and west by a line running from the southernmost tip of Sitka Point at 56° 59.38' N. lat., 135° 49.57' W. long. to Hanus Point at 56° 51.92' N. lat., 135° 30.50' W. long. to the green day marker in Dorothy Narrows to Baranof Island at 56° 49.28' N. lat., 135° 22.60' W. long.;

(11) waters of Twelve-mile Arm west of a line from 55° 30.01' N. lat., 132° 35.22' W. long., to 55° 28.61' N. lat., 132° 34.62' W. long., and north and east of a line from 55° 26.41' N. lat., 132° 40.05' W. long., to 55° 26.33' N. lat., 132° 39.53' W. long.

(12) waters east of a line from Indian Point at 55° 36.85' N. lat., 131° 42.02' W. long., to the northeasternmost tip of Betton Island at 55° 31.95' N. lat., 131° 46.37' W. long. to the southeasternmost tip of Betton Island at 55° 29.90' N. lat., 131° 48.18' W. long., to Survey Point at 55° 28.07' N. lat., 131° 49.87' W. long.;

(13) waters east of a line from Point Lena at 58° 23.73' N. lat., 134° 46.67' W. long., north to 58° 25.05' N. lat., 134° 46.25' W. long., north to 58° 25.65' N. lat., 134° 46' W. long. (a point in upper Tee Harbor);

(14) waters east of a line in Bridget Cove from 58° 37.05' N. lat., 134° 56.60' W. long., north to 58° 38.20' N. lat., 134° 57.10' W. long.;

(15) repealed 7/29/2009;

(16) repealed 7/29/2009;

(17) waters of Port Frederick enclosed by a line from a point on Chichagof Island at 58° 05.18' N. lat., 135° 28.15' W. long. to the westernmost tip of Long Island at 58° 05.81' N. lat., 135° 28.56' W. long. to a point south of Hoonah Point at 58° 07.13' N. lat., 135° 27.52' W. long.;

(18) waters of Favorite Bay enclosed by a line from a point at 57° 28.91' N. lat., 134° 32.21' W. long. to a point at 57° 29.05' N. lat., 134° 31.17' W. long.;

(19) the waters near and surrounding Klawock enclosed by a line from a point east of Entrance Point at 55° 31.20' N. lat., 133° 07.63' W. long., extending to a point in Shinaku Inlet at 55° 34.72' N. lat., 133° 13.38' W. long.;

(20) in the waters of Whale Pass north and west of a line extending from a point at 56° 05.81' N. lat., 133° 06.52' W. long., to a point located at 56° 05.62' N. lat., 133° 07.33' W. long.;

(21) Sukwaan Strait from Saltery Point at 55° 10.95' N. lat., 132° 48.02' W. long., to a point on Sukwaan Island at 55° 10.40' N. lat., 132° 48.62' W. long., north to the head of Natzuhini Bay, extending west to the openings of North Pass from a point on Prince of Wales Island at 55° 12.61' N. lat., 132° 57.68' W. long., to a point on Goat Island at 55° 12.43' N. lat., 132° 56.30' W. long., and South Pass from a point on Goat Island at 55° 10.11' N. lat., 132° 53.60' W. long., to a point on Sukwaan Island at 55° 09.78' N. lat., 132° 53.43' W. long.

History

Authority: AS 16.05.251

Article 6 Registration Area D (Yakutat)

5 AAC 32.155 Description of Registration Area D {#sec-5-aac-32.155 omnilex-key=us-ak-regs-official--title-5--5 AAC 32.155}

Registration Area D (Yakutat) has as its western boundary the longitude of Cape Suckling (144° W. long.) and as its southern boundary a line extending seaward from the western tip of Cape Fairweather, at 58° 47.89' N. lat., 137° 56.68' W. long., to the intersection with the seaward limit of the three-nautical-mile territorial sea at 58° 45.91' N. lat., 138° 01.53' W. long.

History

Authority: AS 16.05.251
Eff. 12/14/86, Register 100; am 7/30/89, Register 111; am 4/23/94, Register 130; am 5/8/98, Register 146; am 3/11/2001, Register 157; am 8/14/2003, Register 167

5 AAC 32.160 Description of Registration Area D districts {#sec-5-aac-32.160 omnilex-key=us-ak-regs-official--title-5--5 AAC 32.160}

(a) Yakataga District: waters between the longitude of Cape Suckling (144° W. long.) and the longitude of Icy Cape (141° 42' W. long.).

(b) Yakutat District: waters between the longitude of Icy Cape (141° 42' W. long.) and a line running southwest from the westernmost tip of Cape Fairweather.

History

Authority: AS 16.05.251
Eff. 12/14/86, Register 100; am 5/8/98, Register 146; am 3/11/2001, Register 157

5 AAC 32.161 Area D registration {#sec-5-aac-32.161 omnilex-key=us-ak-regs-official--title-5--5 AAC 32.161}

(a) Registration Area D is a superexclusive registration area.

(b) In Registration Area D, a registration, if not otherwise canceled by the department, remains valid throughout the registration year.

History

Authority: AS 16.05.251
Eff. 5/8/98, Register 146

5 AAC 32.165 Fishing seasons for Registration Area D {#sec-5-aac-32.165 omnilex-key=us-ak-regs-official--title-5--5 AAC 32.165}

In Registration Area D, male Dungeness crab may be taken or possessed only from 12:00 noon May 15 through July 14 and from 12:00 noon November 1 through February 28.

History

Authority: AS 16.05.251
Eff. 12/14/86, Register 100; am 5/9/2015, Register 214

5 AAC 32.170 Lawful gear for Registration Area D {#sec-5-aac-32.170 omnilex-key=us-ak-regs-official--title-5--5 AAC 32.170}

(a) In Registration Area D, no more than 60 Dungeness crab pots may be used by a vessel to take Dungeness crab.

(b) In Registration Area D, a validly registered Dungeness crab fishing vessel may not have, at any time, more than the legal limit of gear on the vessel, in the water in fishing condition, and in the water in nonfishing condition.

(c) In Registration Area D, all Dungeness crab pots and ring nets operated under a single registration must be buoyed with buoys that are essentially the same in color, shape, size, and markings. At least one buoy on each pot or ring net must be legibly marked with only the permanent department vessel license plate number of the single vessel operating the gear. The buoy, or multiple buoys, attached to a Dungeness crab pot or ring net may bear only one number. The number must be in symbols at least one and one-half inches high and with lines at least one-quarter inch wide that contrast with the background.

(d) In Registration Area D, a person may not longline pots to take Dungeness crab. Each pot in operation must be individually buoyed and marked as described in 5 AAC 32.171 and this section.

History

Authority: AS 16.05.251
Eff. 12/14/86, Register 100; am 4/15/94, Register 130; am 9/21/2003, Register 167; am 5/11/2012, Register 202; am 5/9/2015, Register 214

5 AAC 32.171 Dungeness crab pot marking requirements for Registration Area D {#sec-5-aac-32.171 omnilex-key=us-ak-regs-official--title-5--5 AAC 32.171}

(a) In addition to the marking requirements of 5 AAC 32.051 and 5 AAC 32.170, each Dungeness crab pot must have one identification tag issued by the department attached to the main buoy or on the trailer buoy if more than one buoy is attached to the pot.

(b) Identification tags are issued before each fishing season, are uniquely numbered for each registration year, and will be issued at the time of vessel registration for that vessel only. The vessel owner, or the owner's agent, shall apply for identification tags at a department office designated to issue tags. Replacement of lost tags during a season is permitted if the vessel operator submits a sworn statement or affidavit describing how the tags were lost and listing the numbers of the lost tags. Tags shall be renewed annually at the time of registration before each fishing season.

History

Authority: AS 16.05.251
Eff. 5/11/2012, Register 202

5 AAC 32.175 Registration Area D inspection and inspection points {#sec-5-aac-32.175 omnilex-key=us-ak-regs-official--title-5--5 AAC 32.175}

(a) Unless required under (b) of this section, a vessel fishing for Dungeness crab in Registration Area D is not required to undergo an inspection, as specified in 5 AAC 32.030.

(b) The commissioner, by announcement, may require that vessels fishing for Dungeness crab in Registration Area D be inspected as specified in 5 AAC 32.030.

(c) If the commissioner requires a vessel inspection under (b) of this section, the inspection points for Registration Area D are at Yakutat and at other locations that may be specified by the commissioner.

(d) A vessel delivering Dungeness crab in accordance with 5 AAC 32.031(b) may be reinspected at Cordova.

History

Authority: AS 16.05.251
Eff. 12/14/86, Register 100; am 5/8/98, Register 146

Article 7 Registration Area E (Prince William Sound)

5 AAC 32.200 Description of Registration Area E {#sec-5-aac-32.200 omnilex-key=us-ak-regs-official--title-5--5 AAC 32.200}

History

Authority: AS 16.05.251

5 AAC 32.205 Description of Registration Area E districts and sections {#sec-5-aac-32.205 omnilex-key=us-ak-regs-official--title-5--5 AAC 32.205}

(a) Inside District: all waters in the Prince William Sound Area enclosed by lines from Point Whitshed to Point Bentnick, from Cape Hinchinbrook to Zaikof Point, and from Cape Cleare to Cape Puget.

(b) Outside District: all waters in the Prince William Sound Area that are seaward of the Inside District and between a line along the longitude of Cape Fairfield at 148° 50.25' W. long., south to the latitude of Cape Douglas at 58° 51.10' N. lat., then west to 149° W. long., then south along 149° W. long. and the longitude of Cape Suckling at 144° W. long. The Outside District sections are as follows:

(1) Eastern Section: all waters of the Outside District east of 147° W. long.;

(2) Western Section: all waters of the Outside District west of 147° W. long.

History

Authority: AS 16.05.251

5 AAC 32.206 Area E registration {#sec-5-aac-32.206 omnilex-key=us-ak-regs-official--title-5--5 AAC 32.206}

Registration Area E is a superexclusive registration area.

History

Authority: AS 16.05.251
Eff. 5/8/98, Register 146

5 AAC 32.210 Fishing seasons for Registration Area E {#sec-5-aac-32.210 omnilex-key=us-ak-regs-official--title-5--5 AAC 32.210}

In Registration Area E, in the Eastern Section of the Outer District, a commercial fishing season for Dungeness crab may be opened by emergency order from 12:00 p.m. March 20 through May 20 and from 12:00 p.m. August 25 through December 31.

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 32.225 Lawful gear for Registration Area E {#sec-5-aac-32.225 omnilex-key=us-ak-regs-official--title-5--5 AAC 32.225}

In Registration Area E, not more than 250 Dungeness crab pots may be operated from a vessel registered to take Dungeness crab, except that in the Inside District, not more than 100 Dungeness crab pots may be operated from a vessel registered to take Dungeness crab.

History

Authority: AS 16.05.251

5 AAC 32.230 Identification of gear for Registration Area E {#sec-5-aac-32.230 omnilex-key=us-ak-regs-official--title-5--5 AAC 32.230}

In the taking of Dungeness crab,

(1) all floats and buoys fished under a single registration number must be identically marked, and the colors and design used must be registered with the department before fishing commences;

(2) when fishing for or taking crab, no individual or vessel may operate or assist in operating crab pots with buoys of more than one color design registered with the department or more than one legal limit of gear in the aggregate.

History

Authority: AS 16.05.251

5 AAC 32.240 Registration Area E inspection points {#sec-5-aac-32.240 omnilex-key=us-ak-regs-official--title-5--5 AAC 32.240}

The inspection points for Registration Area E are at Cordova and Valdez, and at other locations that may be specified by the commissioner.

History

Authority: AS 16.05.251

5 AAC 32.290 Prince William Sound Area Dungeness Crab Fisheries Management Plan {#sec-5-aac-32.290 omnilex-key=us-ak-regs-official--title-5--5 AAC 32.290}

Repealed.

History

Eff. 7/5/2000, Register 155; am 7/31/2003, Register 167; repealed 8/23/2009, Register 191

Article 8 Registration Area H (Cook Inlet)

5 AAC 32.300 Description of Registration Area H {#sec-5-aac-32.300 omnilex-key=us-ak-regs-official--title-5--5 AAC 32.300}

Registration Area H has as its eastern boundary the longitude of Cape Fairfield (148° 50.25' W. long.) and as its southern boundary the latitude of Cape Douglas (58° 51.10' N. lat.).

History

Authority: AS 16.05.251

5 AAC 32.305 Description of Registration Area H districts {#sec-5-aac-32.305 omnilex-key=us-ak-regs-official--title-5--5 AAC 32.305}

(a) Except as provided in (b) of this section, districts are as described in 5 AAC 21.200.

(b) The subdistricts of the Southern District are described as follows:

(1) Subdistrict 1: all waters of the Southern District east of a line from Coal Point to 60-foot Rock to Anisom Point;

(2) Subdistrict 2: all waters of the Southern District west of a line from Coal Point to 60-foot Rock to Anisom Point.

History

Authority: AS 16.05.251

5 AAC 32.306 Area H registration {#sec-5-aac-32.306 omnilex-key=us-ak-regs-official--title-5--5 AAC 32.306}

Registration Area H is a nonexclusive registration area.

History

Authority: AS 16.05.251
Eff. 5/8/98, Register 146

5 AAC 32.310 Fishing seasons for Registration Area H {#sec-5-aac-32.310 omnilex-key=us-ak-regs-official--title-5--5 AAC 32.310}

There is no open fishing season for Dungeness crab in the Cook Inlet Area.

History

Authority: AS 16.05.251

5 AAC 32.325 Lawful gear for Registration Area H {#sec-5-aac-32.325 omnilex-key=us-ak-regs-official--title-5--5 AAC 32.325}

(a) In the Southern District,

(1) no more than an aggregate of 150 Dungeness crab pots may be operated from a vessel registered to take Dungeness crab;

(2) no more than 50 of the 150 pots described in (1) of this subsection may be operated in Subdistrict 1 from a vessel registered to take Dungeness crab; only a pot with a buoy tag number of 1 - 50 may be operated in Subdistrict 1;

(3) the buoy for each Dungeness crab pot must have an identification tag issued by the department, as follows:

(A) the identification tag must be placed on a buoy that is marked with the ADF&G number of the vessel operating the gear, as required by 5 AAC 32.051;

(B) new identification tags must be obtained annually, before each fishing season;

(C) the department shall issue identification tags before each fishing season; the tags must be uniquely numbered for each registration year;

(D) except as provided in (E) of this paragraph, the department may issue identification tags only to a person who is registering a vessel under 5 AAC 32.020 and only at the time of vessel registration; a person registering a vessel shall apply for identification tags at the department office designated to issue tags; a person who wishes to apply for identification tags may register only one vessel;

(E) the department may issue replacement tags for identification tags lost during the season if the vessel operator submits a sworn statement or affidavit describing how the tags were lost and listing the number of the lost tags;

(4) all crab pot buoys operated under a single ADF&G number must be identically marked and the color and design must be registered with the department before fishing.

(b) Repealed 7/14/85.

(c) No portion of the line attaching a pot or ring net buoy or buoys to the trap or ring may float on the surface of the water at any time, except for that portion of the line connecting the main buoy to any auxiliary buoy or buoys.

History

Authority: AS 16.05.251

5 AAC 32.330 Identification of gear for Registration Area H {#sec-5-aac-32.330 omnilex-key=us-ak-regs-official--title-5--5 AAC 32.330}

All Dungeness crab pot and ring net buoys operated under a single registration must be consecutively numbered starting with the number one, and they must be legibly marked with the permanent vessel license plate (ADF&G) number of the vessel operating that gear.

History

Authority: AS 16.05.251(a)

5 AAC 32.335 Closed waters {#sec-5-aac-32.335 omnilex-key=us-ak-regs-official--title-5--5 AAC 32.335}

Repealed.

History

Eff. 7/12/86, Register 99; repealed 7/23/94, Register 131

5 AAC 32.340 Registration Area H inspection points {#sec-5-aac-32.340 omnilex-key=us-ak-regs-official--title-5--5 AAC 32.340}

The inspection points for Registration Area H are at Homer, Seldovia, and Seward, and at other locations that may be specified by the commissioner.

History

Authority: AS 16.05.251

5 AAC 32.390 Cook Inlet Area Dungeness Crab Fisheries Management Plan {#sec-5-aac-32.390 omnilex-key=us-ak-regs-official--title-5--5 AAC 32.390}

Repealed.

History

Eff. 9/12/97, Register 143; am 7/5/2000, Register 155; am 7/31/2003, Register 167; repealed 8/23/2009, Register 191

Article 9 Registration Area J (Westward)

5 AAC 32.400 Description of Registration Area J {#sec-5-aac-32.400 omnilex-key=us-ak-regs-official--title-5--5 AAC 32.400}

Registration Area J consists of the Pacific Ocean waters that are south of the latitude of Cape Douglas at 58° 51.10' N. lat. and west of 149° W. long., and the Bering Sea and Pacific Ocean waters that are east of the Maritime Boundary Agreement Line as that line is described in the text of and depicted in the annex to the Maritime Boundary Agreement between the United States and Union of Soviet Socialist Republics signed in Washington, June 1, 1990, and as that Maritime Boundary Agreement Line is depicted on NOAA Chart #513 (7th Edition, June 2004) and NOAA Chart #514 (7th Edition, January 2004). These charts are adopted by reference.

History

Authority: AS 16.05.251

5 AAC 32.405 Description of Registration Area J districts {#sec-5-aac-32.405 omnilex-key=us-ak-regs-official--title-5--5 AAC 32.405}

(a) Kodiak District: waters of Registration Area J that are south of the latitude of Cape Douglas at 58° 51.10' N. lat., west of 149° W. long., and east of a line extending south from the Alaska Peninsula (near Kilokak Rocks) along 156° 20.22' W. long.

(b) Chignik District: waters of Registration Area J that are west of a line extending south from the Alaska Peninsula (near Kilokak Rocks) along 156° 20.22' W. long., and east of a line extending from Kupreanof Point at 55° 33.98' N. lat., 159° 35.88' W. long. to a point offshore at 53° 40.46' N., 156° 20.22' W. long.

(c) Alaska Peninsula District: waters of Registration Area J that are west of a line extending from Kupreanof Point at 55° 33.98' N. lat, 159° 35.88' W. long., to a point offshore at 53° 40.46' N. lat., 156° 20.22' W. long., and east of the longitude of Scotch Cap Light at 164° 44.72' W. long. and south of 54° 51.30' N. lat. in Isanotski Strait.

(d) North Peninsula District: Bering Sea waters of Registration Area J that are north of the latitude of Cape Sarichef Light at 54° 35.89' N. lat. and north of 54° 51.30' N. lat. in Isanotski Strait.

(e) Aleutian District: waters of Registration Area J that are west of the longitude of Scotch Cap Light at 164° 44.72' W. long. and south of the latitude of Cape Sarichef Light at 54° 35.89' N. lat.

History

Authority: AS 16.05.251

5 AAC 32.406 Area J registration {#sec-5-aac-32.406 omnilex-key=us-ak-regs-official--title-5--5 AAC 32.406}

(a) As required under 5 AAC 32.005(b), the districts of Registration Area J are designated as follows:

(1) Kodiak District: superexclusive registration district;

(2) Chignik District: superexclusive registration district;

(3) Alaska Peninsula District: superexclusive registration district;

(4) North Peninsula District: nonexclusive registration district;

(5) Aleutian District: nonexclusive registration district.

(b) In the North Peninsula District, the registration deadline is April 1. Vessels must register with the department not later than April 1 to participate in the fishery. Before a vessel may be registered under this section, the vessel operator must obtain a CFEC interim-use permit for Dungeness crab that references the vessel's ADF&G license plate number and file a registration form with the department. The registration form must identify the vessel and vessel operator and must be received in person or by mail, electronic mail, or facsimile, at the department office in Dutch Harbor or Kodiak.

History

Authority: AS 16.05.251
Eff. 5/8/98, Register 146; am 7/5/2000, Register 155; am 7/13/2012, Register 203; am 3/26/2023, Register 245

5 AAC 32.410 Fishing seasons for Registration Area J {#sec-5-aac-32.410 omnilex-key=us-ak-regs-official--title-5--5 AAC 32.410}

(a) Dungeness crab may be only taken or possessed from 12:00 p.m. May 1 until 11:59 p.m. October 31.

(b) Repealed 7/10/2025.

(c) Notwithstanding (a) of this section, in the waters of the Kodiak District south of the latitude of Boot Point at 56° 49.98' N. lat., and east of longitude of Boot Point at 153° 46.10' W. long., and waters south of the latitude of Cape Ikolik at 57° 17.40' N. lat., and west of the longitude of Boot Point at 153° 46.10' W. long., Dungeness crab may be taken or possessed only from 12:00 p.m. June 15 until 11:59 p.m. October 31.

History

Authority: AS 16.05.251

5 AAC 32.415 Operation of pot gear for Registration Area J {#sec-5-aac-32.415 omnilex-key=us-ak-regs-official--title-5--5 AAC 32.415}

All pot gear used for commercial Dungeness crab fishing in Registration Area J shall:

(1) be removed from the water at least once within a 21-day period; or

(2) have all bait and bait containers removed and all doors secured fully open.

History

Authority: AS 16.05.251
Eff. 8/10/2018, Register 227; am 9/25/2022, Register 243

5 AAC 32.420 Size limits {#sec-5-aac-32.420 omnilex-key=us-ak-regs-official--title-5--5 AAC 32.420}

Repealed 7/17/77.

5 AAC 32.425 Lawful gear for Registration Area J {#sec-5-aac-32.425 omnilex-key=us-ak-regs-official--title-5--5 AAC 32.425}

(a) Dungeness crab may be taken only with Dungeness crab pots or ring nets.

(b) The following Dungeness crab pot limits are in effect for Registration Area J:

(1) in the Kodiak District, an aggregate of no more than 700 pots may be operated from a validly registered Dungeness crab vessel;

(2) in the Alaska Peninsula District, an aggregate of no more than 500 pots may be operated from a validly registered Dungeness crab vessel; and

(3) in the North Peninsula District, the department will establish the individual vessel pot limit after the April 1 registration deadline; if five vessels or fewer are validly registered by the registration deadline, the pot limit will be 750 pots per vessel; if more than five vessels are validly registered by the registration deadline, the pot limit will be 500 pots per vessel.

(c) In addition to the requirements of 5 AAC 32.051, in Registration Area J, in locations where a Dungeness crab pot limit is in effect, each Dungeness crab pot must have one identification tag issued by the department placed on the main buoy or on the trailer buoy if more than one buoy is attached to the pot.

(d) Identification tags are that are uniquely numbered for each registration year will be issued annually before each fishing season and will be issued at the time of vessel registration for that vessel only. The vessel owner or the owner's agent shall apply for identification tags at a department office designated to issue the tags. Replacement of tags lost during the season is permitted if the vessel operator submits to the department office that issued the tags a sworn statement or affidavit that describes how the tags were lost and lists the numbers of the lost tags.

History

Authority: AS 16.05.251

5 AAC 32.440 Registration Area J inspection points {#sec-5-aac-32.440 omnilex-key=us-ak-regs-official--title-5--5 AAC 32.440}

(a) Unless required under (b) of this section, a vessel fishing for Dungeness crab in Registration Area J is not required to undergo a vessel inspection as set out under 5 AAC 32.030.

(b) The commissioner, by public announcement, may require that a vessel fishing for Dungeness crab in Registration Area J be inspected as set out under 5 AAC 32.030.

(c) If a vessel inspection is required under (b) of this section, the inspection points for Registration Area J are at Kodiak, Sand Point, and Dutch Harbor, and at other locations that may be specified by the commissioner.

History

Authority: AS 16.05.251

5 AAC 32.450 Closed waters in Registration Area J {#sec-5-aac-32.450 omnilex-key=us-ak-regs-official--title-5--5 AAC 32.450}

Dungeness crab may not be taken from waters of Iliuliuk Bay south of 53° 53' N. lat.

History

Authority: AS 16.05.251
Eff. 7/12/86, Register 99

5 AAC 32.460 Tenders for Dungeness crab in the Kodiak District {#sec-5-aac-32.460 omnilex-key=us-ak-regs-official--title-5--5 AAC 32.460}

Notwithstanding 5 AAC 32.033(d)(2), in the Kodiak District, a vessel registered to fish for Dungeness crab may tender Dungeness crab from other registered Dungeness crab vessels. A tender operator must be an authorized agent of a processor. Before using a vessel as a tender under this section, the tender operator shall register as a tender with the department at the department office in Kodiak. A tender operator shall complete an ADF&G fish ticket at the first point of delivery from the catcher vessel.

History

Authority: AS 16.05.251
Eff. 8/23/2009, Register 191

Chapter 33 Southeastern Alaska Area

Article 1 Description of Area

5 AAC 33.001 Application of this chapter {#sec-5-aac-33.001 omnilex-key=us-ak-regs-official--title-5--5 AAC 33.001}

History

Authority: AS 16.05.251

5 AAC 33.100 Description of area {#sec-5-aac-33.100 omnilex-key=us-ak-regs-official--title-5--5 AAC 33.100}

The Southeastern Alaska Area consists of all waters of Alaska within an area that has as its southern boundary the International Boundary at Dixon Entrance, and as its northern boundary a line extending seaward from the western tip of Cape Fairweather at 58° 47.89' N. lat., 137° 56.68' W. long., to the intersection with the seaward limit of the three-nautical-mile territorial sea at 58° 45.96' N. lat., 138° 01.40' W. long.

History

Authority: AS 16.05.251

Article 2 Fishing Districts and Sections

5 AAC 33.200 Fishing districts and sections {#sec-5-aac-33.200 omnilex-key=us-ak-regs-official--title-5--5 AAC 33.200}

(a) District 1: all waters east and north of a line from the southernmost tip of Caamano Point at 55° 29.85' N. lat., 131° 58.21' W. long., south to a point in Dixon Entrance District at 54° 40.00' N. lat., 131° 45.00' W. long., and waters north of a line from 54° 40.00' N. lat., 131° 45.00' W. long., then east to 54° 42.48' N. lat., 130° 36.92' W. long.;

(1) Section 1-A: all waters of Portland Canal north of the latitude of Hattie Island Light at 55° 17.25' N. lat., 129° 58.20' W. long.;

(2) Section 1-B: all waters of the district south of Section 1-A and east and south of a line extending three nautical miles from the range marker located at Foggy Point at 54° 55.50' N. lat., 130° 58.60' W. long., to an offshore point at 54° 56.86' N. lat., 131° 03.24' W. long., and then south to intersect a line between Barren Island Light and Lord Rock Light at 54° 44.02' N. lat., 131° 03.24' W. long., then to Lord Rock Light at 54° 43.55' N. lat., 130° 49.22' W. long., and then due south to a point in Dixon Entrance District at 54° 42.03' N. lat., 130° 49.22' W. long.;

(3) Section 1-C: waters of the district between a line from a point at 55° 11.89' N. lat., 131° 05.04' W. long., located on Point Sykes to a point at 55° 12.22' N. lat., 131° 05.70' W. long., located one-half mile northwest of Point Sykes to Point Alava at 55° 11.63' N. lat., 131° 10.70' W. long., and a line from the westernmost tip of Point Eva at 55° 33.61' N. lat., 130° 52.60' W. long., to the southeastern most tip of Cactus Point at 55° 33.29' N. lat., 130° 56.59' W. long.;

(4) Section 1-D: waters of the district between a line from the westernmost tip of Point Eva at 55° 33.61' N. lat., 130° 52.60' W. long., to the southeasternmost tip of Cactus Point at 55° 33.29' N. lat., 130° 56.66' W. long., and a line from Nose Point at 55° 48.32' N. lat., 131° 42.53' W. long., to the northernmost tip of Snail Point at 55° 49.47' N. lat., 131° 46.25' W. long.;

(5) Section 1-E: waters of the district between a line from the southernmost tip of Caamano Point at 55° 29.85' N. lat., 131° 58.21' W. long., to Point Higgins at 55° 27.43' N. lat., 131° 50.03' W. long., and a line from Nose Point at 55° 48.32' N. lat., 131° 42.53' W. long., to the northernmost tip of Snail Point at 55° 49.47' N. lat., 131° 46.25' W. long.;

(6) Section 1-F: all other waters of the district.

(b) District 2: all waters south of a line from the easternmost tip of Narrow Point at 55° 47.00' N. lat., 132° 28.23' W. long., to Lemesurier Point at 55° 46.02' N. lat., 132° 16.94' W. long., west of District 1 and east of a line from Point Marsh Light at 54° 42.70' N. lat., 132° 17.72' W. long., then due south to a point in Dixon Entrance at 54° 40.00' N. lat., 132° 17.50' W. long.

(c) District 3: all waters north and west of a line from Point Marsh Light at 54° 42.70' N. lat., 132° 17.72' W. long., then due south to a point in Dixon Entrance at 54° 40.00' N. lat., 132° 17.50' W. long., to the southernmost tip of Cape Muzon at 54° 39.82' N. lat., 132° 41.29' W. long., and east of a line from the northernmost tip of Eagle Point on Dall Island at 55° 14.53' N. lat., 133° 13.28' W. long., and passing successively through the westernmost tip of Point Arboleda at 55° 19.10' N. lat., 133° 27.81' W. long., the southernmost tip of Point San Roque at 55° 20.13' N. lat., 133° 32.70' W. long., the northernmost tip of Cape Ulitka at 55° 33.76' N. lat., 133° 43.73' W. long., the Cape Lynch Light at 55° 46.87' N. lat., 133° 42.10' W. long., to the southwest entrance point of Halibut Harbor on Kosciusko Island at 55° 54.99' N. lat., 133° 47.64' W. long., and south of the latitude of Aneskett Point at 56° 08.85' N. lat.;

(1) Section 3-A: waters of District 3 south and east of a line through Tlevak Narrows beginning at the easternmost tip of Turn Point at 55° 15.74' N. lat., 133° 07.33' W. long., to a point on Prince of Wales Island at 55° 15.70' N. lat., 133° 06.50' W. long., including Soda Bay and its contiguous waters, but excluding all waters of Meares Pass and its contiguous waters;

(2) Section 3-B: waters of District 3 south of the latitude of Point Swift at 55° 45.78' N. lat., including all waters of Warm Chuck Inlet, Iphigenia Bay south of Cape Lynch Light at 55° 46.87' N. lat., 133° 42.10' W. long., excluding all waters of Tuxekan Passage and its contiguous waters, and waters of District 3 north of a line through Tlevak Narrows beginning at the easternmost tip of Turn Point located at 55° 15.74' N. lat., 133° 07.33' W. long., to a point on Prince of Wales Island at 55° 15.70' N. lat., 133° 06.50' W. long., including all waters of Meares Pass and its contiguous waters, but excluding all of waters of Soda Bay and its contiguous waters;

(3) Section 3-C: waters of District 3 north of the latitude of Point Swift at 55° 45.78' N. lat., including all waters of Tuxekan Passage and its contiguous waters, but excluding all waters of Warm Chuck Inlet, Iphigenia Bay south of Cape Lynch Light at 55° 46.87' N. lat., 133° 42.10' W. long.

(d) District 4: all waters north of the latitude of the southernmost tip of Cape Muzon, at 54° 39.82' N. lat., 132° 41.29' W. long., west of District 3, and south of a line from Helm Point Light on Coronation Island at 55° 49.59' N. lat., 134° 16.19' W. long., to Cape Lynch Light at 55° 46.87' N. lat., 133° 42.10' W. long.

(e) District 5: waters of Sumner Strait, east of a line from Cape Decision Light at 56° 00.09' N. lat., 134° 08.16' W. long., to a point on Coronation Island at 55° 54.45' N. lat., 134° 12.47' W. long., north of a line from Helm Point Light at 55° 49.59' N. lat., 134° 16.19' W. long., to Cape Lynch Light at 55° 46.87' N. lat., 133° 42.10' W. long., west of a line from Cape Lynch Light to the southwest entrance point of Halibut Harbor at 55° 54.99' N lat., 133° 47.64' W. long., north of the latitude of Aneskett Point at 56° 08.85' N. lat., west of a line from Point Baker at 56° 21.52' N. lat., 133° 37.57' W. long., to Point Barrie at 56° 26.19' N. lat., 133° 39.27' W. long., and south of a line from Point Camden at 56° 48.58' N. lat., 133° 53.14' W. long., to Salt Point Light at 56° 50.69' N. lat., 133° 52.01' W. long., in Keku Strait.

(f) District 6: all waters of Clarence Strait north of a line from the easternmost tip of Narrow Point at 55° 47.00' N. lat., 132° 28.23' W. long., to Lemesurier Point at 55° 46.02' N. lat., 132° 16.94' W. long., to Ernest Point at 55° 51.01' N. lat., 132° 22.21' W. long., to the most southerly point on Etolin Island at 55° 54.79' N. lat., 132° 21.27' W. long., Stikine Strait south of the latitude of Round Point at 56° 16.65' N. lat., Sumner Strait west of a line from Point Alexander at 56° 30.55' N. lat., 132° 57.01' W. long., to Low Point at 56° 27.18' N. lat., 132° 57.18' W long., and east of a line from Point Baker at 56° 21.52' N. lat., 133° 37.57' W. long., to Point Barrie at 56° 26.19' N. lat., 133° 39.27' W. long., Wrangell Narrows south and west of a line from Prolewy Point at 56° 50.12' N. lat., 132° 56.45' W. long., to the northern tip of Mitkof lsland at 56° 49.36' N. lat., 132° 56.39' W. long., and all waters of Duncan Canal;

(1) Section 6-A: waters north of a line from the tip of Point Colpoys at 56° 20.18' N. lat., 133° 11.90' W. long., to the tip of Macnamara Point at 56° 19.85' N. lat., 133° 03.96' W. long., west of a line from Low Point at 56° 27.18' N. lat., 132° 57.18' W. long., to Point Alexander at 56° 30.55' N. lat., 132° 57.01' W. long., and east of a line from Point Barrie at 56° 26.19' N. lat., 133° 39.27' W. long., to Point Baker at 56° 21.52' N. lat., 133° 37.57' W. long.;

(2) Section 6-B: waters south of a line from the tip of Point Colpoys at 56° 20.18' N. lat., 133° 11.90' W. long., to the tip of Macnamara Point at 56° 19.85' N. lat., 133° 03.96' W. long., north and west of a line from the tip of Luck Point at 55° 59.05' N. lat., 132° 44.08' W. long., to the tip of Point Stanhope at 56° 00.69' N. lat., 132° 36.47' W. long., to Lincoln Rock Light at 56° 03.50' N. lat., 132° 41.40' W. long., to Key Reef Light at 56° 09.61' N. lat., 132° 49.78' W. long., to Nesbitt Reef Light at 56° 13.22' N. lat., 132° 51.84' W. long., to the tip of Point Nesbitt at 56° 13.93' N. lat., 132° 52.35' W. long.;

(3) Section 6-C: waters enclosed by a line from Lincoln Rock Light at 56° 03.50' N. lat., 132° 41.40' W. long., to the westernmost point of Screen Islands at 56° 05.56' N. lat., 132° 42.60' W. long., to the westernmost point of Marsh Island at 56° 06.95' N. lat., 132° 43.18' W. long., to the westernmost point of Steamer Rocks at 56° 08.40' N. lat., 132° 43.62' W. long., to Mariposa Rock Buoy at 56° 10.68' N. lat., 132° 44.36' W. long., to the tip of Point Nesbitt at 56° 13.93' N. lat., 132° 52.35' W. long., to Nesbitt Reef Light at 56° 13.22' N. lat., 132° 51.84' W. long., to Key Reef Light at 56° 09.61' N. lat., 132° 49.78' W. long., to Lincoln Rock Light at 56° 03.50' N. lat., 132° 41.40' W. long.;

(4) Section 6-D: waters east of Sections 6-B and 6-C and west of a line from Mariposa Rock Buoy at 56° 10.68' N. lat., 132° 44.36' W. long., to the northernmost tip of Point Harrington at 56° 10.27' N. lat., 132° 43.57' W. long., to a point on Etolin Island at 56° 09.60' N. lat., 132° 42.70' W. long., to a second point on Etolin Island at 56° 03.69' N. lat., 132° 38.58' W. long., to the southernmost tip of Point Stanhope at 56° 00.69' N. lat., 132° 36.47' W. long.;

(5) Section 6-E: all other waters of the district.

(g) District 7: the contiguous waters of Ernest Sound and Bradfield Canal east of a line from Lemesurier Point at 55° 46.02' N. lat., 132° 16.94' W. long., to Ernest Point at 55° 51.01' N. lat., 132° 22.21' W. long., to the most southerly point of Etolin Island at 55° 54.79' N. lat., 132° 21.27' W. long., Zimovia Strait south of the latitude of Nemo Point at 56° 17.00' N. lat., and Eastern Passage and Blake Channel east of a line from Babbler Point at 56° 29.08' N. lat., 132° 17.37' W. long., to Hour Point at 56° 27.73' N. lat., 132° 16.79' W. long.;

(1) Section 7-A: waters of the district north of the latitude of Point Eaton at 55° 56.44' N. lat.;

(2) Section 7-B: waters of the district south of the latitude of Point Eaton at 55° 56.44' N. lat.

(h) District 8: waters of Frederick Sound south of a line from Wood Point at 56° 59.55' N. lat., 132° 56.96' W. long., to Beacon Point at 56° 56.37' N. lat., 132° 59.75' W. long., (excluding Wrangell Narrows), Sumner Strait east of a line from Point Alexander at 56° 30.55' N. lat., 132° 57.01' W. long., to Low Point at 56° 27.18' N. lat., 132° 57.18' W. long., Stikine Strait north of the latitude of Round Point at 56° 16.65' N. lat., Zimovia Strait north of the latitude of Nemo Point at 56° 17.00' N. lat., and Eastern Passage west of a line from Hour Point at 56° 27.73' N. lat., 132° 16.79' W. long., to Babbler Point at 56° 29.08' N. lat., 132° 17.37' W. long.;

(1) Section 8-A: the waters of the district north of a line from Blaquiere Point at 56° 35.03' N. lat., 132° 32.56' W. long., to Kakwan Point at 56° 41.66' N. lat., 132° 13.22' W. long.;

(2) Section 8-B: the waters of the district south of a line from Blaquiere Point at 56° 35.03' N. lat., 132° 32.56' W. long., to Kakwan Point at 56° 41.66' N. lat., 132° 13.22' W. long.

(i) District 9: all waters of Frederick Sound and Chatham Strait south of the latitude of Point Gardner at 57° 00.94' N. lat., south of the latitude of the southernmost tip of Elliott Island at 57° 15.19' N. lat., west of a line from the southernmost tip of Elliott Island at 57° 15.19' N. lat., 134° 03.72' W. long., to the westernmost tip of Point Macartney at 57° 01.49' N. lat., 134° 03.52' W. long., north and west of a line from Point Camden at 56° 48.58' N. lat., 133° 53.14' W. long., to Salt Point Light at 56° 50.69' N. lat., 133° 52.01' W. long., northwest of a line from Cape Decision Light at 56° 00.09' N. lat., 134° 08.16' W. long., to a point on Coronation Island at 55° 54.45' N. lat., 134° 12.47' W. long., and north and east of a line from Helm Point Light at 55° 49.59' N. lat., 134° 16.19' W. long., to the westernmost tip of Hazy Islands at 55° 53.22' N. lat., 134° 36.99' W. long., to the southernmost tip of Cape Ommaney at 56° 09.83' N. lat., 134° 40.42' W. long.;

(1) Section 9-A: waters of the district west of a line from Nation Point at 55° 55.69' N. lat., 134° 20.13' W. long., on Coronation Island to a point two nautical miles west of Point Gardner at 57° 00.94' N. lat., 134° 40.79' W. long.;

(2) Section 9-B: waters of the district east of a line from Nation Point at 55° 55.69' N. lat, 134° 20.13' W. long., on Coronation Island to a point two nautical miles west of Point Gardner at 57° 00.94' N. lat., 134° 40.79' W. long.

(j) District 10: Frederick Sound, Stephens Passage, and contiguous waters north of a line from Beacon Point at 56° 56.37' N. lat., 132° 59.75' W. long., to Wood Point at 56° 59.55' N. lat., 132° 56.96' W. long., east of a line from Point Macartney at 57° 01.49' N. lat., 134° 03.52' W. long., to the southernmost tip of Elliott Island at 57° 15.19' N. lat., 134° 03.72' W. long., north of the latitude of the southernmost tip of Elliott Island at 57° 15.19' N. lat., Seymour Canal south of 57° 36.71' N. lat., and south of a line from Point League at 57° 37.76' N. lat., 133° 40.47' W. long., to Point Hugh at 57° 34.22' N. lat., 133° 48.62' W. long.;

(1) Section 10-A: waters west of line from a point on the Districts 9 and 10 boundary line at 57° 08.80' N. lat., 134° 03.63' W. long., to the northernmost tip of Akusha Island at 57° 18.37' N. lat., 133° 39.48' W. long., to McDonald Rock Light at 57° 25.10' N. lat., 133° 37.83' W. long., to a point at 57° 35.92' N. lat., 133° 44.71' W. long.;

(2) Section 10-B: waters north of a line from Pinta Point at 57° 05.96' N. lat., 133° 52.82' W. long., to Cape Fanshaw Light at 57° 11.12' N. lat., 133° 34.43' W. long., and east of a line from a point on the Districts 9 and 10 boundary line at 57° 08.80' N. lat., 134° 03.63' W. long., to the northernmost tip of Akusba Island at 57° 18.37' N. lat., 133° 39.48' W. long., to McDonald Rock Light at 57° 25.10' N. lat., 133° 37.83' W. long., to a point at 57° 35.92' N. lat., 133° 44.71' W. long.;

(3) Section 10-C: waters east of a line from Pinta Point at 57° 05.96' N. lat., 133° 52.82' W. long., to Cape Fanshaw Light at 57° 11.12' N. lat., 133° 34.43' W. long.

(k) District 11: Stephens Passage and contiguous waters north of a line from Point League at 57° 37.76' N. lat., 133° 40.47' W. long., to Point Hugh at 57° 34.22' N. lat., 133° 48.62' W. long., and Seymour Canal north of 57° 36.71' N. lat., south of the latitude of Little Island Light at 58° 32.41' N. lat., and east of a line from Little Island Light at 58° 32.41' N. lat., 135° 02.83' W. long., to Point Retreat Light at 58° 24.69' N. lat., 134° 57.31' W. long.;

(1) Section 11-A: waters of the district north and west of a line from a point at 58° 12.32' N. lat., 134° 10.14' W. long., to Point Arden Light at 58° 09.55' N. lat., 134° 10.68' W. long.;

(2) Section 11-B: waters of the district north of the latitude of Midway Islands Light at 57° 50.20' N. lat. and south and east of a line from a point at 58° 12.32' N. lat., 134° 10.14' W. long., to Point Arden Light at 58° 09.55' N. lat., 134° 10.68' W. long.;

(3) Section 11-C: waters of the district south of the latitude of Midway Islands Light at 57° 50.20' N. lat., to a line from Point League at 57° 37.76' N. lat., 133° 40.47' W. long., to Point Hugh at 57° 34.22' N. lat., 133° 48.62' W. long.;

(4) Section 11-D: all waters of Seymour Canal north of 57° 36.71' N. lat.

(l) District 12: all waters of Lynn Canal, Chatham Strait, and contiguous waters south of the latitude of Little Island Light at 58° 32.41' N. lat., to the latitude of Point Gardner at 57° 00.94' N. lat., west of a line from Little Island Light at 58° 32.41' N. lat., 135° 02.83' W. long., to Point Retreat Light at 58° 24.69' N. lat., 134° 57.31' W. long., east of a line from Point Couverden at 58° 11.37' N. lat., 135° 03.40' W. long., to Point Augusta at 58° 02.44' N. lat., 134° 57.50' W. long., and east of a line from the southeasternmost tip of Point Hayes at 57° 28.83' N. lat., 134° 50.33' W. long., to the northernmost tip of Point Thatcher at 57° 24.97' N. lat., 134° 50.00' W. long.;

(1) Section 12-A: waters of the district south of the latitude of Point Couverden at 58° 11.37' N. lat., to the latitude of Point Gardner at 57° 00.94' N. lat., east of a line from Point Couverden at 58° 11.37' N. lat., 135° 03.40' W. long., to Point Augusta at 58° 02.44' N. lat., 134° 57.50' W. long., and east of a line from the southeasternmost tip of Point Hayes at 57° 28.83' N. lat., 134° 50.33' W. long., to the northernmost tip of Point Thatcher at 57° 24.97' N. lat., 134° 50.00' W. long.;

(2) Section 12-B: waters of the district south of the latitude of Little Island Light at 58° 32.41' N. lat., west of a line from Little Island Light at 58° 32.41' N. lat., 135° 02.83' W. long., to Point Retreat Light at 58° 24.69' N. lat., 134° 57.31' W. long., and north of the latitude of Point Couverden at 58° 11.37' N. lat.

(m) District 13: all waters north of the latitude of Helm Point at 55° 49.59' N. lat. and west of a line from Helm Point at 55° 49.59' N. lat., 134° 16.19' W. long., to the westernmost tip of Hazy Island at 55° 53.22' N. lat., 134° 36.99' W. long., to the southernmost tip of Cape Ommaney at 56° 09.83' N. lat., 134° 40.42' W. long., south of a line projecting west from the southernmost tip of Cape Spencer at 58° 12.63' N. lat., 136° 39.85' W. long., west of a line from the southernmost tip of Cape Spencer through Yakobi Rock to Yakobi Island at 58° 04.69' N. lat., 136° 33.35' W. long., south of a line from the northernmost tip of Soapstone Point at 58° 06.33' N. lat., 136° 29.86' W. long., to the westernmost tip of Column Point at 58° 07.21' N. lat., 136° 26.88' W. long., and west of a line from the southeasternmost tip of Point Hayes at 57° 28.83' N. lat., 134° 50.33' W. long., to the northernmost tip of Point Thatcher at 57° 24.97' N. lat., 134° 50.00' W. long.;

(1) Section 13-A: all waters north of 57° 16.00' N. lat. and those waters of Peril Strait south of the latitude of Pogibshi Point at 57° 30.50' N. lat.;

(2) Section 13-B: all waters south of 57° 16.00' N. lat.;

(3) Section 13-C: waters of the district north of the latitude of Pogibshi Point at 57° 30.50' N. lat. and west of a line from the southeasternmost tip of Point Hayes at 57° 28.83' N. lat., 134° 50.33' W. long., to the northernmost tip of Point Thatcher at 57° 24.97' N. lat., 134° 50.00' W. long., in Peril Strait.

(n) District 14: Icy Strait and contiguous waters west of a line from Point Couverden at 58° 11.37' N. lat., 135° 03.40' W. long., to Point Augusta at 58° 02.44' N. lat., 134° 57.50' W. long., east of a line from the southernmost tip of Cape Spencer at 58° 12.63' N. lat., 136° 39.85' W. long., through Yakobi Rock to Yakobi Island at 58° 04.69' N. lat., 136° 33.35' W. long., and north of a line from the northernmost point of Soapstone Point at 58° 06.33' N. lat., 136° 29.86' W. long., to the westernmost point of Column Point at 58° 07.21' N. lat., 136° 26.88' W. long.;

(1) Section 14-A: waters of the district west of a line beginning at 58° 13.00' N. lat., 135° 57.00' W. long., to the southeastern point of Lemesurier Island at 58° 16.35' N. lat., 136° 02.42' W. long., and from Lemesurier Island Light at 58° 19.15' N. lat., 136° 02.45' W. long., to Point Carolus at 58° 22.69' N. lat., 136° 02.54' W. long.;

(2) Section 14-B: waters of the district east of a line beginning at 58° 13.00' N. lat., 135° 57.00' W. long., to the southeastern point of Lemesurier Island at 58° 16.35' N. lat., 136° 02.42' W. long., and from Lemesurier Island Light at 58° 19.15' N. lat., 136° 02.45' W. long., to Point Carolus at 58° 22.69' N. lat., 136° 02.54' W. long., and west of a line from Point Sophia at 58° 08.62' N. lat., 135° 24.85' W. long., to Excursion Point at 58° 22.52' N. lat., 135° 28.57' W. long.;

(3) Section 14-C: waters of the district east of a line from Point Sophia at 58° 08.62' N. lat., 135° 24.85' W. long., to Excursion Point at 58° 22.52' N. lat., 135° 28.57' W. long.

(o) District 15: waters of Lynn Canal north of the latitude of Little Island Light at 58° 32.41' N. lat.;

(1) Section 15-A: waters of the district north of the latitude of Sherman Rock at 58° 51.00' N. lat.;

(2) Section 15-B: waters of Berners Bay east of a line from Point St. Mary at 58° 43.93' N. lat., 135° 01.43' W. long., to Point Bridget at 58° 40.73' N. lat., 134° 59.34' W. long.;

(3) Section 15-C: all waters of the district south of the latitude of Sherman Rock at 58° 51.00' N. lat., except for the waters of Section 15-B.

(p) District 16: waters north of a line projecting west from the southernmost tip of Cape Spencer at 58° 12.63' N. lat., 136° 39.85' W. long., and south of a line extending seaward from the western tip of Cape Fairweather at 58° 47.89' N. lat., 137° 56.68' W. long., to the intersection with the seaward limit of the three-nautical-mile territorial sea at 58° 45.96' N. lat., 138° 01.40' W. long.

(q) Dixon Entrance District: all waters east of 138° 45.33' W. long., south of the southern boundaries of Districts 1 - 4 and north of a line from 54° 43.50' N. lat., 130° 37.62' W. long., to 54° 43.40' N. lat., 130° 37.65' W. long., to 54° 43.25' N. lat., 130° 37.73' W. long., to 54° 43' N. lat., 130° 37.92' W. long., to 54° 42.97' N. lat., 130° 37.95' W. long., to 54° 42.78' N. lat., 130° 38.10' W. long., to 54° 42.37' N. lat., 130° 38.43' W. long., to 54° 41.15' N. lat., 130° 38.97' W. long., to 54° 39.90' N. lat., 130° 38.97' W. long., to 54° 39.23' N. lat., 130° 39.30' W. long., to 54° 39.80' N. lat., 130° 41.58' W. long., to 54° 40.05' N. lat., 130° 42.37' W. long., to 54° 40.70' N. lat., 130° 44.72' W. long., to 54° 40.68' N. lat., 130° 44.98' W. long., to 54° 40.77' N. lat., 130° 45.85' W. long., to 54° 41.10' N. lat., 130° 48.52' W. long., to 54° 41.08' N. lat., 130° 49.28' W. long., to 54° 41.35' N. lat., 130° 53.30' W. long., to 54° 41.43' N. lat., 130° 53.65' W. long., to 54° 42.45' N. lat., 130° 56.30' W. long., to 54° 42.57' N. lat., 130° 57.15' W. long., to 54° 43' N. lat., 130° 57.68' W. long., to 54° 43.77' N. lat., 130° 58.92' W. long., to 54° 44.20' N. lat., 130° 59.73' W. long., to 54° 45.65' N. lat., 131° 03.10' W. long., to 54° 46.27' N. lat., 131° 04.72' W. long., to 54° 42.18' N. lat., 131° 13' W. long., to 54° 40.87' N. lat., 131° 13.90' W. long., to 54° 39.15' N. lat., 131° 16.28' W. long., to 54° 36.87' N. lat., 131° 19.37' W. long., to 54° 29.88' N. lat., 131° 33.80' W. long., to 54° 30.53' N. lat., 131° 38.02' W. long., to 54° 28.30' N. lat., 131° 45.33' W. long., to 54° 26.68' N. lat., 131° 49.47' W. long., to 54° 21.85' N. lat., 132° 02.90' W. long., to 54° 24.87' N. lat., 132° 23.65' W. long., to 54° 24.68' N. lat., 132° 24.48' W. long., to 54° 24.68' N. lat., 132° 24.58' W. long., to 54° 24.65' N. lat., 132° 26.85' W. long., to 54° 24.57' N. lat., 132° 38.27' W. long., to 54° 24.90' N. lat., 132° 39.77' W. long., to 54° 26' N. lat., 132° 44.20' W. long., to 54° 27.12' N. lat., 132° 49.58' W. long., to 54° 27.12' N. lat., 132° 50.70' W. long., to 54° 28.42' N. lat., 132° 55.90' W. long., to 54° 28.53' N. lat., 132° 56.47' W. long., to 54° 30.05' N. lat., 133° 07' W. long., to 54° 30.17' N. lat., 133° 07.72' W. long., to 54° 30.70' N. lat., 133° 11.47' W. long., to 54° 31.03' N. lat., 133° 14' W. long., to 54° 30.10' N. lat., 133° 16.97' W. long., to 54° 22.02' N. lat., 133° 44.40' W. long., to 54° 20.55' N. lat., 133° 49.35' W. long., to 54° 15.67' N. lat., 134° 19.82' W. long., to 54° 12.95' N. lat., 134° 23.78' W. long., to 54° 12.75' N. lat., 134° 25.05' W. long., to 54° 07.50' N. lat., 134° 56.40' W. long., to 54° 00.02' N. lat., 135° 45.95' W. long., to 53° 28.45' N. lat., 138° 45.33' W. long.

History

Authority: AS 16.05.251

Article 3 Salmon Fishery

5 AAC 33.310 Fishing seasons and periods for net gear {#sec-5-aac-33.310 omnilex-key=us-ak-regs-official--title-5--5 AAC 33.310}

(a) Salmon may be taken with purse seines in the following locations only during fishing periods established by emergency order that will generally begin on Sundays:

(1) District 1, Sections 1-C, 1-D, 1-E, and 1-F only;

(2) District 2;

(3) District 3;

(4) District 4, from the first Sunday in July until a closing date made by emergency order;

(5) District 5;

(6) District 6, Sections 6-C, 6-D, and 6-E only;

(7) District 7;

(8) District 9;

(9) District 10;

(10) District 11, Sections 11-A and 11-D only;

(11) District 12; except that Section 12-A north of the latitude of Point Marsden and Section 12-B may open before August 1 only as provided in 5 AAC 33.366(a);

(12) District 13;

(13) District 14.

(b) Repealed 5/31/85.

(c) Salmon may be taken by drift gillnets in the following locations only during fishing periods established by emergency order that start on a Sunday and close by emergency order:

(1) District 1:

(A) Section 1-A;

(B) Section 1-B opens on the third Sunday of June;

(2) District 6:

(A) Sections 6-A, 6-B, and 6-C open on the second Sunday of June;

(B) Section 6-D is open

(i) from the second Sunday in June through the first Saturday in August;

(ii) after the first Saturday in August and before the first Sunday in September as described in 5 AAC 33.359; and

(iii) from the first Sunday in September until the season is closed;

(3) District 8 opens on the second Sunday of June;

(4) District 11:

(A) Section 11-B opens on the third Sunday in June, except that the commissioner may open, by emergency order, drift gillnet fishing periods in the waters of Section 11-B north of the latitude of Grave Point Light at 58° 03.73' N. lat., from the first Monday in May through the third Sunday in June subject to the following provisions:

(i) drift gillnet fishing periods are subject to the provisions of the Pacific Salmon Treaty as specified in 5 AAC 33.361;

(ii) the commissioner may not establish a fishing period to begin on a Saturday, Sunday, or a state or federal holiday;

(iii) fishing periods will begin at 12:01 p.m. from the first Monday in May;

(iv) repealed 5/23/2006;

(B) Section 11-C;

(5) District 15:

(A) Section 15-A opens on the third Sunday in June;

(B) Sections 15-B and 15-C;

(d) Repealed 2/18/73.

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 33.311 Fishing seasons and periods for troll gear {#sec-5-aac-33.311 omnilex-key=us-ak-regs-official--title-5--5 AAC 33.311}

Repealed.

History

Eff. 5/31/85, Register 94; am 4/16/86, Register 98; am 7/12/86, Register 99; am 6/10/87, Register 102; am 6/19/88, Register 106; am 6/25/89, Register 110; am 4/30/91, Register 118; am 6/13/92, Register 122; am 4/23/94, Register 130; am 6/28/97, Register 142; repealed 10/1/98, Register 147

5 AAC 33.312 Fishing zones for troll gear {#sec-5-aac-33.312 omnilex-key=us-ak-regs-official--title-5--5 AAC 33.312}

Repealed.

5 AAC 33.313 Application of coastal trolling regulations {#sec-5-aac-33.313 omnilex-key=us-ak-regs-official--title-5--5 AAC 33.313}

Repealed.

5 AAC 33.314 Troll gear operation; fish tickets {#sec-5-aac-33.314 omnilex-key=us-ak-regs-official--title-5--5 AAC 33.314}

Repealed.

History

Eff. 6/13/92, Register 122; repealed 10/1/98, Register 147

5 AAC 33.330 Gear {#sec-5-aac-33.330 omnilex-key=us-ak-regs-official--title-5--5 AAC 33.330}

(a) Except as provided in 5 AAC 29, salmon may be taken only by drift gillnets and purse seines.

(b) Notwithstanding 5 AAC 39.240, a permit holder may use a registered salmon fishing vessel, when it has fishing gear on board, to tow another registered salmon fishing vessel with fishing gear on board it if the permit holder for the vessel being towed is on board one of the vessels.

History

Authority: AS 16.05.251

5 AAC 33.331 Gillnet specifications and operation {#sec-5-aac-33.331 omnilex-key=us-ak-regs-official--title-5--5 AAC 33.331}

(a) A person may not operate a drift gillnet vessel that has on the reel or in the water more than one legal limit of drift gillnet gear. Extra gillnet gear may be on board the vessel. Any gear in excess of one legal limit of drift gillnet gear must be sacked or bagged. The sack or bag must totally contain the net and must be secured closed. However, unassembled gillnet gear components, including cork, webbing, or leadline may be on board a fishing vessel without being sacked or bagged. For the purposes of this section, the legal limit of drift gillnet gear is one gillnet no longer than the maximum length specified in (c) of this section.

(b) In the Southeastern Alaska Area, a drift gillnet may not be more than 60 meshes in depth, except that there is no maximum depth restriction for a gillnet operated for king salmon cost recovery by a private nonprofit hatchery operator or under contract to a regional aquaculture association in a special harvest area described in 5 AAC 40.030 - 5 AAC 40.081.

(1) in District 1, a gillnet may not be more than 200 fathoms in length;

(2) in District 6, a gillnet may not be more than 300 fathoms in length, except that a gillnet may not exceed 75 fathoms in length in Wrangell Narrows during seasons established by emergency order;

(3) in District 8, a gillnet may not be more than 300 fathoms in length, except that a gillnet may not exceed 150 fathoms in length in Blind Slough during seasons established by emergency order;

(4) in District 11, a gillnet may not be more than 200 fathoms in length;

(5) in District 15, a gillnet may not be more than 200 fathoms in length.

(d) In Districts 6, 8, 11, and 15, through the fourth Saturday in July, the commissioner may, by emergency order, establish fishing periods during which the maximum gillnet mesh size is six inches.

(e) In Districts 1, 6, 8, 11, and 15, the commissioner may, by emergency order, establish fishing periods during which the minimum gillnet mesh size is six inches, except that

(1) in District 8, from the first Monday in May through the second Saturday in June, during periods established by emergency order, the minimum mesh size is seven inches;

(2) in District 11, from the first Monday in May through the third Saturday in June, during periods established by emergency order, the minimum mesh size is seven inches.

(f) In the Southeastern Alaska Area, gillnet mesh size is measured by averaging the length of five consecutive meshes measured from inside the first knot and including the last knot when wet. The five meshes being measured must be an integral part of the net, as hung, and measured perpendicular to the selvages. Measurements must be made by means of a metal tape measure while the five meshes are suspended vertically from a single peg or nail, under a one-pound weight.

(g) Repealed 5/31/85.

(h) Repealed 5/31/85.

(i) Repealed 4/2/88.

(j) Notwithstanding 5 AAC 39.240(a), a vessel may have on board at the same time drift gillnet gear as described in this section and hand troll gear or power troll gear as described in 5 AAC 29.120. One or more persons on board the vessel must possess a CFEC permit or interim use permit for Southeastern drift gillnet gear and either a hand troll or power troll permit. Both gear permits must be in possession on board the vessel and available for inspection by a local representative of the department or a peace officer of the state. Each permit holder on board the vessel must ensure that

(1) fish harvested by one gear type are offloaded, landed, and documented on a fish ticket before operating any other gear type;

(2) any gillnet gear is bagged and stowed below deck before and during operation of troll gear and when troll-caught fish are on board the vessel;

(3) cannon balls and other troll weights on board the vessel are removed from trolling wires and stored below deck before and during operation of gillnet gear and when gillnet-caught fish are on board the vessel.

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 33.332 Seine specifications and operation {#sec-5-aac-33.332 omnilex-key=us-ak-regs-official--title-5--5 AAC 33.332}

(a) No purse seine may be less than 150 meshes or more than 450 meshes in depth, or less than 150 fathoms or more than 250 fathoms in length, hung measure.

(b) Seine mesh may not be more than four and one-half inches, except the first 25 meshes above the lead line may not be more than seven inches.

(d) Repealed 4/26/70.

(e) A seine lead may not be permanently attached to a seine and may be operated only on the bunt end of a seine.

(f) Except as specified in 5 AAC 39.260(f), the mesh size of a seine lead may not be less than seven inches or more than seven and one-half inches.

(g) A purse seine is considered to have ceased fishing as specified in 5 AAC 39.260(c).

(h) During concurrent seine and drift gillnet periods in Sections 1-B and 1-F, seine nets may not be in the water in Section 1-B.

(i) Notwithstanding 5 AAC 39.240(a), a vessel may have on board at the same time purse seine gear as described in this section and hand troll gear or power troll gear as described in 5 AAC 29.120. One or more persons on board the vessel must possess a CFEC permit or interim use permit for Southeastern purse seine gear and either a hand troll or power troll permit. Both gear permits must be in possession on board the vessel and available for inspection by a local representative of the department or a peace officer of the state. Each permit holder on board the vessel must ensure that

(1) fish harvested by one gear type are offloaded, landed, and documented on a fish ticket before operating any other gear type;

(2) any purse seine gear is removed from the vessel or stowed below deck before and during operation of troll gear and when troll-caught fish are on board the vessel;

(3) cannon balls and other troll weights on board the vessel are removed from trolling wires and stored below deck before and during operation of purse seine gear and when purse seine-caught fish are on board the vessel.

(j) Notwithstanding 5 AAC 39.240(a), a CFEC permit holder may possess two salmon purse seines of essentially the same size on board a registered salmon purse seine vessel in an area open to commercial salmon purse seine fishing. All purse seine gear on board a vessel that is in an open fishing area is subject to inspection as specified in 5 AAC 39.140.

History

Authority: AS 16.05.251

5 AAC 33.335 Minimum distance between units of gear {#sec-5-aac-33.335 omnilex-key=us-ak-regs-official--title-5--5 AAC 33.335}

Repealed 2/18/73.

5 AAC 33.350 Closed waters {#sec-5-aac-33.350 omnilex-key=us-ak-regs-official--title-5--5 AAC 33.350}

(a) The waters listed in this section are closed to the taking of salmon with net gear.

(b) District 1:

(2) Boca De Quadra: waters east of 130° 50.00' W. long.;

(3) Bostwick Inlet: waters north and west of a line from 55° 13.40' N. lat., 131° 41.90' W. long., to 55° 11.83' N. lat., 131° 42.95' W. long.;

(4) Carroll Inlet: waters north of 55° 24.27' N. lat.;

(5) Clover Passage: waters east of a line from the easternmost tip of Survey Point at 55° 28.09' N. lat., 131° 49.87' W. long., to the southernmost tip of Betton Island at 55° 29.11' N. lat., 131 ° 49.69' W. long., and south of the latitude of the southernmost tip of Hump Island at 55° 30.95' N. lat.;

(6) Willard Inlet, Fillmore Inlet and Edwards Passage: waters north of the latitudes of Male Point at 54° 47.58' N. lat., and of Akeku Point at 54° 50.03' N. lat.;

(7) George Inlet: waters north of the latitude of California Head at 55° 19.57' N. lat.;

(8) Helm Bay and Smugglers Cove: waters west of a line from the southernmost tip of Helm Point at 55° 36.01' N. lat., 131° 53.71' W. long., to Helm Bay Light at 55° 34.84' N. lat., 131° 55.72' W. long., to the Cleveland Peninsula at 55° 34.16' N. lat., 131° 56.42' W. long.;

(9) Hidden Inlet: waters north of the latitude of Hidden Point at 54° 56.75' N. lat.;

(10) Lucky Cove: waters within 1,000 yards of the stream terminus at 55° 12.65' N. lat., 131° 15.95' W long.:

(11) Moser Bay and Long Arm: waters south and east of a line from Cod Point at 55° 34.35' N. lat., 131° 39.45' W long., to 55° 33.96' N. lat., 131° 40.99' W. long.;

(12) Naha Bay: waters east of 131° 38.30' W. long.;

(13) Nakat Bay: waters north of the latitude of High Point at 54° 47.57' N. lat.;

(14) Port Stewart: waters west of a line from 55° 43.11' N. lat., 131° 49.57' W. long., to 55° 41.52' N. lat., 131° 50.14' W. long.;

(15) Portland Canal: waters north of the latitude of Engineer Point at 55° 47.85' N. lat.;

(16) Ray Anchorage: waters inside a line between 54° 56.67' N. lat., 131° 14.06' W. long., and 54° 55.68' N. lat., 131° 13.02' W. long.;

(17) Raymond Cove: waters west of a line from Mike Point at 55° 37.38' N. lat., 131° 52.90' W. long., to 55° 37.86' N. lat., 131° 51.83' W. long.;

(18) Rudyerd Bay: waters east of 130° 42.45' W. long.;

(19) Smeaton Bay: waters east of 130° 43.50' W. long.;

(20) Thorne Arm: waters north of the latitude of Eve Point at 55° 18.89 N. lat.;

(21) Tombstone Bay: waters of Portland Canal south of the latitude of Turn Point at 55° 24.90' N. lat., and Breezy Point at 55° 21.50' N. lat.;

(22) Tongass Narrows: waters south of line from Point Higgins at 55° 27.43' N. lat., 131° 50.03' W. long., to Vallenar Point at 55° 25.58' N. lat., 131° 51.10' W. long., and north of a line from Gravina Point at 55° 17.13' N. lat., 131° 37.17' W. long., to the Mountain Point Light at 55° 17.62' N. lat., 131° 32.91' W. long.:

(23) Traitors Cove: waters east of 131° 41.88' W. long.;

(24) Vallenar Bay: waters south of a line from 55° 23.75' N. lat., 131° 50.94' W. long., to 55° 22.88' N. lat., 131° 51.92' W. long.;

(25) Very Inlet: waters inside of a line from 54° 57.73' N. lat., 130° 57.73' W. long., to 54° 57.73' N. lat., 130° 56.98' W. long.

(1) Cholmondeley Sound:

(A) Dora Bay, Kitkun Bay, and Lancaster Cove: waters south of 55° 13.05' N. lat.;

(B) South Arm, West Ann, and Sunny Cove: waters west of 132° 14.47' W. long.;

(2) Kasaan Bay:

(A) Karta Bay: waters west of a line from 55° 35.05' N. lat., 132° 29.95' W. long., to 55° 33.84' N. lat., 132° 32.70' W. long.;

(B) Polk Inlet. Paul Bight. and McKenzie Inlet: waters west of the longitude of Khayyam Point at 132° 21.06' W. long.;

(3) Moira Sound:

(A) North Arm: waters north of a line from Crowell Point at 55° 04.14' N. Iat., 132° 05.07' W. long., to Point Halliday at 55° 04.80' N. lat., 132° 04.60' W. long.;

(B) Johnson Cove: waters south of 54° 59.72' N. lat.;

(D) South Arm: waters south of 54° 57.00' N. lat.;

(4) Nichols Bay: waters north of 54° 42.12' N. lat.;

(5) Port Johnson and Dolomi Bay: waters west of the longitude of Moss Point at 132° 02.82' W. long.;

(6) Thorne Bay: waters west of 132° 28.58' W. long.;

(7) Tolstoi Bay: waters south of 55° 39.00' N. lat.

(d) District 3:

(1) Devilfish Bay: waters west of 133° 20.00' W. long.;

(2) Edna Bay: waters north of a line from Entrance Light at 55° 56.31' N. lat., 133° 36.96' W. long., to 55° 55.89' N. lat., 133° 37.78' W. long.;

(3) Eek Inlet: waters west of a line from 55° 08.85' N. lat., 132° 39.34' W. long., to 55° 08.69' N. lat., 132° 39.39' W. long.;

(4) El Capitan and Tuxekan Passages: all contiguous waters east of 133° 20.00' W. long.;

(5) Ham Cove: waters south of a line from 54° 53.00' N. lat., 132° 51.01' W. long., to 54° 52.97' N. lat., 132° 50.84' W. long.;

(6) Hessa Inlet: waters east of the longitude of Whirlpool Point; at 132° 17.94' W. long.;

(7) Hetta Harbor: waters east of the longitude of Hetta Point at 132° 35.78' W. long.;

(8) Hetta Inlet: waters north of the latitude of Simmons Point at 55° 12.38' N. lat.;

(9) Hunter Bay: waters east of a line from Turn Point at 54° 52.63' N. lat., 132° 21.80' W. long., to 54° 52.75' N. lat., 132° 21.36' W. long.;

(10) Kasook Inlet: waters north of 55° 01.67' N. lat.;

(11) Keete Inlet: waters east of the longitude of Keete Point at 132° 33.38' W. long.;

(12) Klakas Inlet: waters north of 55.00.00° N. lat.;

(13) Klawock Inlet: waters east of 133° 06.38' W. long., and north of a line from the northern tip of Wadleigh Island at 55° 35.42' N. lat., 133° 07.83' W. long., to the northern tip of Peratrovich Island at 55° 35.79' N. lat., 133° 06.79' W. long., including Big Salt Lake;

(14) Nossuk Bay: waters south of 55° 44.00' N. lat.;

(15) Nutkwa Inlet: waters north of 55° 06.00' N. lat.;

(16) Port Estrella: waters east of the longitude of Point Providence at 133° 16.00' W. long.;

(17) Port Real Marina: waters east of 133° 34.60' W. long., west of a line from Point Arrecife at 55° 26.93' N. lat., 133° 25.90' W. long., to Point Gorda, at 55° 25.49' N. lat., 133° 26.13' W. long., and north of a line from Point San Leonardo at 55° 24.25' N. lat., 133° 26.74' W. long., to Canal Point at 55° 23.91' N. lat., 133° 27.51' W. long.;

(18) Port Refugio: waters south and west of a line from Pointe Verde at 55° 18.42' N. lat., 133° 17.84' W. long., to Bocas Point at 55° 17.63' N. lat., 133° 16.45' W. long.;

(19) Port Saint Nicholas: waters east of 133° 04.00' W. long.;

(20) Portillo Channel: waters north of a line from Point Arrecife at 55° 26.93' N. lat., 133° 25.90' W. long., to Point Amargura at 55° 27.00' N. lat., 133° 21.64' W. long., and south of a line from Point Santa Gertrudis at 55° 31.79' N. lat., 133° 31.32' W. long., to Point Animas at 55° 32.04' N. lat., 133° 27.35' W. long.;

(21) Salt Lake Bay: waters east of 133° 23.37' W. long.;

(22) Shinaku Inlet and Big Salt Lake: waters north of the latitude of Point Ildefonso at 55° 34.11' N. lat., and east of a line from Point Ildefonso at 55° 34.11' N. lat., 133° 15.91' W. long., to 55° 34.71' N. lat., 133° 15.30' W. long.;

(23) Soda Bay: waters east of 133.00.00° W. long.;

(24) Sukkwan Strait and Natzuhini Bay: waters of Sukkwan Strait west of the longitude of Saltery Point at 132° 48.07' W. long., including South Pass east of the longitude of Goat Island Light at 132° 53.58' W. long., and all waters of North Pass east of line from 55° 12.35' N. lat., 132° 56.25' W. long., to 55° 12.84' N. lat., 132° 57.54' W. long.;

(25) Tlevak Straits: waters north of 55° 15.00' N. lat.;

(26) Tokeen Bay: waters east of a line from the tip of Holbrook Point at 56° 00.29' N. lat., 133° 28.64' W. long., to 55° 59.86' N. lat., 133° 27.84' W. long., and waters north of 55° 58.54' N. lat., in Marble Pass;

(27) Trocadero Bay:

(A) waters east of 133° 01.00' W. long.;

(B) waters within 500 yards of the terminus of an unnamed stream located immediately west of Perlas Point at 55° 22.04' N. lat., 133° 04.79' W. long.;

(C) waters within 500 yards of the terminus of an unnamed stream located approximately 1.1 miles west of Perlas Point at 55° 22.47' N. lat., 133° 06.21' W. long.;

(28) Ulloa Channel: waters east of 133° 10.00' W. long.;

(29) Van Sant Cove: waters within 1,000 yards of the stream terminus at 55° 59.43' N. lat., 133° 32.28' W. long.;

(30) Warm Chuck Inlet: waters north of 55° 44.50' N. lat.;

(31) Waterfall Bay: waters within 1,000 yards of the terminus of Waterfall Creek at 55° 18.24' N. lat., 133° 14.33' W. long.;

(32) Port Caldera: waters within 500 yards of the terminus of an unnamed stream located immediately south of Point Lomas at 55° 22.46' N. lat., 133° 10.59' W. long.

(e) District 4: Manhattan Arm: waters east of 133° 10.00' W. long.

(f) District 5:

(1) Affleck Canal:

(A) Bear Harbor: waters north and west of a line from 56° 13.37' N. lat., 134° 05.94' W. long., to 56° 13.71' N. lat., 134° 05.18' W. long.;

(B) waters of Kell Bay west of a line from 56° 08.79' N. lat., 134° 08.51' W. long., to 56° 09.81' N. lat., 134° 08.39' W. long.;

(D) small unnamed bay on the east side: waters east of a line from 56° 11.37' N. lat., 134° 02.06' W. long., to 56° 11.15' N. lat., 134° 01.92' W. long.;

(2) Alvin Bay: waters west of 133° 53.56' W. long.;

(3) Kushneahin Creek: waters east of a line from 56° 27.74' N. lat., 133° 40.24' W. long., to Trouble Island at 56° 27.86' N. lat., 133° 41.04' W. long., to 56° 29.16' N. lat., 133° 40.17' W. long.;

(4) Calder Bay: waters north of 56° 11.18' N. lat.;

(5) El Capitan Passage: waters east of a line from 56° 09.12' N. lat., 133° 27.55' W. long., to 56° 09.24' N. lat., 133° 27.60' W. long.;

(6) Hole in the Wall, northwest coast of Prince of Wales Island: waters east of a line from 56° 15.63' N. lat., 133° 38.60' W. long., to 56° 15.67' N. lat., 133° 38.72' W. long.;

(7) Keku Strait: waters north of 56° 32.00' N. lat. (north end of Monte Carlo Island);

(8) Port Beauclerc:

(A) waters north of 56° 20.00' N. lat.;

(B) waters of the southern arm south of the latitude of 56° 16.94' N. lat.;

(9) Reid Bay: waters west of 133° 53.92' W. long.;

(10) Shipley Bay: waters east of 133° 33.53' W. long.

(g) District 6:

(1) Barnes Lake: waters inside the western side of Stevenson Island south of 56° 03.10' N. lat.;

(2) Duncan Canal: waters north of the latitude of the northern tip of Butterworth Island at 56° 32.73' N. lat.;

(3) Exchange Cove: waters south of a line from 56° 13.13' N. lat., 133° 03.87' W. long., to 56° 12.87' N. lat., 133° 03.43' W. long.;

(4) Kah Sheets Bay: waters west of a line from 56° 31.47' N. lat., 133° 05.25' W. long., to 56° 29.74' N. lat., 133° 07.31' W. long.;

(5) Lake Bay: waters south and west of a line from Keg Point at 56° 02.02' N. lat., 132° 55.45' W. long., to 56° 01.66' N. lat., 132° 54.47' W. long.;

(6) McHenry Inlet: waters east of 132° 24.79' W. long.;

(7) Mosman Inlet: waters north of 56° 05.35' N. lat.;

(8) Navy Creek: waters east of a line from 56° 03.48' N. lat., 132° 28.01' W. long., to the southwest tip of South Burnett Island at 56° 03.81' N. lat., 132° 27.79' W. long., and east of a line from the northern tip of South Burnett Island at 56° 04.08' N. lat., 132° 27.61' W. long., o the southern tip of North Burnett Island at 56° 04.17' N. lat., 132° 27.59' W. long., and south of a line from the northern tip of North Burnett Island at 56° 04.47' N. lat., 132° 27.84' W. long., to 56° 04.50' N. lat., 132° 27.59' W. long.;

(9) Ratz Harbor: waters south and west of a line from 55° 53.03' N. lat., 132° 35.64' W. long., to 55° 53.27' N. lat., 132° 35.92' W. long.;

(10) Red Bay: waters south of the latitude of Pine Point at 56° 20.14' N. lat.;

(11) Rocky Bay, west coast of Etolin Island: waters north of a line from 56° 04.39' N. lat., 132° 36.67' W. long., to 56° 04.38' N. lat., 132° 36.20' W. long.;

(13) Steamer Bay: waters south of a line from 56° 10.28' N. lat., 132° 41.66' W. long., to Point Harrington at 56° 10.25' N. lat., 132° 43.55' W. long.;

(15) Whale Pass: waters at the southern entrance west of 132° 59.16' W. long., and at the northern entrance west of the longitude of the northernmost tip of Thorne Island at 133° 03.53' W. long.;

(16) Wrangell Narrows: waters north of a line from the tip of Point Alexander at 56° 30.55' N. lat., 132° 57.01' W. long., to Woewodski Island at 56° 30.66' N. lat., 132° 59.30' W. long.

(h) District 7:

(1) Blake Channel, Eastern Passage and Bradfield Canal: waters south and east of a line from Babbler Point at 56° 29.08' N. lat., 132° 17.37' W. long., to Hour Point at 56° 27.73' N. lat., 132° 16.79' W. long., and north and east of a line from 56° 10.80' N. lat., 131° 55.50' W. long., to 56°12.12' N. lat., 131° 55.50' W. long.;

(2) Canoe Pass and Fishermen's Chuck: waters north of 56° 00.00' N. lat., and west of a line from 56° 02.39' N. lat., 132° 12.06' W. long., to 56° 02.62' N. lat., 132° 12.16' W. long.;

(3) Emerald Bay: waters east of a line from 55° 53.62' N. lat., 132° 02.73' W. long., to 55° 52.89' N. lat., 132° 03.30' W. long.;

(4) Fool's Inlet: waters north of a line from 56° 12.48' N. lat., 132° 02.10' W. long., to 56° 12.74' N. lat., 132° 01.22' W. long.;

(5) Menefee Inlet: waters north of 56° 05.00' N. lat.;

(6) Santa Anna Inlet: waters south of the latitude of the tip of Point Santa Anna at 55° 59.77' N. lat.;

(7) Union Bay: waters south of a line from 55° 44.78' N. lat., 132° 14.23' W. long., to 55° 45.54' N. lat., 132° 11.27' W. long.;

(8) Vixen Inlet: waters east of the longitude of the westernmost tip of Sunshine Island at 132° 05.28' W. long.;

(9) Zimovia Strait: waters north of a line from Thoms Point at 56° 06.97' N. lat., 132° 04.43' W. long., to a point on Etolin Island at 56° 07.14' N. lat., 132° 07.07' W. long.

(i) District 8:

(1) Blind Slough: waters north of a line from 56° 30.71' N. lat., 132° 43.48' W. long., to 56° 31.88' N. lat., 132° 40.66' W. long.;

(2) Five Mile Creek: waters south of the latitude and west of the longitude of Sukoi Island Light at 56° 53.73' N. lat., 132° 56.64' W. long.;

(3) Stikine River:

(A) waters east of a line from Indian Point at 56° 44.93' N. lat., 132° 31.67' W. long., to Point Rothsay at 56° 35.64' N. lat., 132° 22.05' W. long., from the first Monday in May through the first Saturday in August;

(B) after the first Saturday in August, waters north and west of a line from Babbler Point at 56° 29.08' N. lat., 132° 17.37' W. long., to Hour Point at 56° 27.73' N. lat., 132° 16.79' W. long., north and east of a line from Point Highfield at 56° 29.34' N. lat., 132° 23.36' W. long., to the southern end of Liesnoi Island at 56° 29.83' N. lat., 132° 29.19' W. long., to the southern end of Greys Island at 56° 30.67' N. lat., 132° 33.05' W. long., to the small island near the eastern entrance of Blind Slough at 56° 31.83' N. lat., 132° 40.17' W. long., to the nearest point on Mitkoflsland at 56° 31.88' N. lat., 132° 40.66' W. long., and south and east of a line from the prominent point on Mitkoflsland nearest Coney Island at 56° 40.77' N. lat., 132° 39.28' W. long., to the western end of Coney Island at 56° 41.62' N. lat., 132° 38.92' W. long., to a point 800 yards north of Japanese Creek on the mainland shore at 56° 46.62' N. lat., 132° 37.11' W. long.;

(4) Babbler Point: waters within one-quarter mile of the mainland shoreline south and east of 56° 30.47' N. lat., from the first Monday in May through the second Saturday in June;

(5) Wrangell Harbor: waters within one-quarter mile of the shoreline on the western side of Wrangell Island, south of the latitude of Point Highfield at 56° 29.34' N. lat., and north of the latitude of Cemetery Point at 56° 27.25' N. lat., from the first Monday in May through the second Saturday in June;

(6) Woronkofski Point (The Nose): waters of Stikine Strait within one-quarter mile of the Woronkofski Island shoreline west of the longitude of the Woronkofski Point day beacon at 132° 28.85' W. long., and north of the latitude of Ancon Point Light at 56° 24.30' N. lat., from the first Monday in May through the second Saturday in June for the entirety of a drift gillnet fishing period when the drift gillnet salmon fishery is open for more than 48 hours;

(7) Woodpecker Cove: waters of Sumner Strait north of a line from 56° 30.02' N. lat., 132° 53.89' W. long., to Point Howe at 56° 29.68' N. lat., 132° 49.03' W. long., to the southeasternmost tip of Station Island at 56° 29.55' N. lat., 132° 46.24' W. long., and west of a line from Station Island Light at 56° 29.66' N. lat., 132° 45.81' W. long., to a point on Mitkof Island at 56° 30.41' N. lat., 132° 44.88' W. long., from the first Monday in May through the second Saturday in June, for the entirety of a drift gillnet fishing period when the drift gillnet salmon fishery is open for more than 48 hours;

(8) Bear Creek (Eastern Mitkof Island): waters of Frederick Sound south of 56° 42.93' N. lat., and west of 132° 41.47' W. long., from the first Monday in May through the second Saturday in June;

(9) Beacon Point/Frederick Point: waters of Frederick Sound west of a line from the District 10 boundary line one nautical mile off Kupreanof Island shoreline at 56° 57.27' N. lat., 132° 58.96' W. long., to Sukoi Island Light at 56° 53.73' N. lat., 132° 56.64' W. long., to Frederick Point at 56° 47.55' N. lat., 132° 49.27' W. long., from the first Monday in May through the second Saturday in June.

(j) District 9:

(1) Bay of Pillars: waters east of 134° 11.74' W. long.;

(2) Deep Cove: waters west of 134° 43.63' W. long.;

(3) Eliza Harbor: waters north of 57° 14.30' N. lat.;

(4) Gedney Harbor: waters east of 134° 14.80' W. long.;

(5) Gut Bay: waters west of 134° 43.47' W. long.;

(6) Hamilton Bay: waters south of the latitude of Point Hamilton at 56° 54.11' N. lat.;

(7) Kadake Bay: waters south of a line from 56° 48.90' N. lat., 133° 58.06' W. long., to 56° 48.38' N. lat., 133° 56.58' W. long.;

(8) Little Pybus Bay: waters north of 57° 14.72' N. lat.;

(9) Murder Cove: waters north of 57° 01.72' N. lat.;

(10) Patterson Bay: waters north of 56° 36.73' N. lat.;

(11) Port Camden: waters south of 56° 41.67' N. lat.;

(12) Port Malmesbury: waters east of a line from 56° 18.90' N. lat., 134° 10.84' W. long., to 56° 19.59' N. lat., 134° 11.42' W. long.;

(13) Port Walter and Little Port Walter: waters west of a line from 56° 23.25' N. lat., 134° 38.20' W. long., to 56° 23.71' N. lat., 134° 38.38' W. long.;

(14) Red Bluff Bay: waters west of 134° 45.47' W. long.;

(15) Rowan Bay: waters north and east of a line from 56° 40.55' N. lat., 134° 15.20' W. long., to 56° 39.75' N. lat., 134° 13.48' W. long.;

(17) Security Bay: waters south of the latitude of Expedition Point at 56° 50.62' N. lat.;

(18) Tebenkof Bay:

(A) Elena Bay: waters north and east of a line from 56° 29.88' N. lat., 134° 06.61' W. long., to Elena Point at 56° 28.95' N. lat., 134° 05.66' W. long.;

(B) Petrof Bay: waters south of 56° 22.42' N. lat.;

(k) District 10:

(1) Dry Bay: waters east of 133° 01.92' W. long., and north of 57° 02.82' N. lat.;

(2) Farragut Bay: waters of Francis Anchorage inside a line from 57° 08.70' N. lat., 133° 10.45' W. long., to 57° 08.65' N. lat., 133° 11.82' W. long.;

(3) Gambier Bay:

(A) waters west of 134° 00.06' W. long.;

(B) waters of Snug Cove south of a line from Scald Point at 57° 25.98' N. lat., 133° 58.52' W. long., to the northwest tip of Pain Island at 57° 26.06' N. lat., 133° 57.35' W. long., to a point on Admiralty Island at 57° 26.04' N. lat., 133° 56.85' W. long.;

(4) Hobart Bay: waters east of 133° 23.71' W. long.;

(5) Port Houghton:

(A) waters south of the latitude and east of the longitude of a point on the southern tip of Walter Island at 57° 18.20' N. lat., 133° 17.01' W. long.;

(B) waters east of a line from 57° 19.62' N. lat., 133° 11.27' W. long., to 57° 19.96' N. lat., 133° 11.72' W. long.;

(6) Pybus Bay: waters of Cannery Cove and West Arm north and west of a line running from 57° 18.34' N. lat., 134° 07.88' W. long., to an unnamed island at 57° 18.70' N. lat., 134° 07.58' W. long., and then to a point at 57° 19.29' N. lat., 134° 06.36' W. long.;

(7) Windham Bay: waters east of a line from 57° 35.01' N. lat., 133° 27.35' W. long., to 57° 35.14' N. lat., 133° 27.49' W. long.

(l) District 11:

(1) Limestone Inlet: waters east of a line from 58° 01.75' N. lat., 133° 59.40' W. long., to 58° 02.04' N. lat., 133° 59.60' W. long.;

(2) Port Snettisham:

(A) Speel River: waters north and west of a line from 58° 07.09' N. lat., 133° 44.11' W. long., to 58° 07.59' N. lat., 133° 42.80' W. long.;

(B) Gilbert Bay: waters east and south of a line from Sentinel Point at 57° 59.72' N. lat., 133° 45.65' W. long., to 58° 01.45' N. lat., 133° 45.33' W. long.;

(3) Seymour Canal:

(A) Mole Harbor: waters west and south of a line from the easternmost tip of Flaw Point at 57° 40.54' N. lat., 134° 02.74' W. long., to 57° 39.40' N. lat., 134° 00.73' W. long.;

(B) Pleasant Bay: waters west and south of a line from 57° 38.83' N. lat., 133° 59.72' W. long., to 57° 38.43' N. lat., 133° 58.66' W. long.;

(4) Slocum Inlet: waters east of a line from 58° 08.35' N. lat., 134° 04.33' W. long., to 58° 07.80' N. lat., 134° 04.42' W. long.;

(5) Taku Harbor: waters east and north of a line from 58° 03.77' N. lat., 134° 01.50' W. long., to 58° 03.77' N. lat., 134° 02.04' W. long.;

(6) Taku Inlet: waters north and east of a line from the Annex Creek Power House at 58° 19.06' N. lat., 134° 05.93' W. long., to 58° 17.60' N. lat., 134° 00.78' W. long.

(m) District 12:

(1) waters within two nautical miles of the Chichagof lsland shoreline south of the latitude of 57° 41.65' N. lat., and north of the latitude of 57° 37.91' N. lat., including the waters of Basket Bay;

(2) Chaik Bay: waters east of 134° 30.53' W. long.;

(3) False Bay: waters west of a line from 57° 58.53' N. lat., 134° 54.92' W. long., to 57° 57.03' N. lat., 134° 55.43' W. long.;

(4) Freshwater Bay: waters west and north of a line from 57° 53.23' N. lat., 135° 07.92' W. long., to 57° 54.88' N. lat., 135° 05.97' W. long.;

(5) Funter Bay: waters east of the longitude of the southernmost tip of Clear Point at 134° 54.99' W. long.;

(6) Hawk Inlet: waters east and north of a line from Point Marsden at 58° 03.40' N. lat., 134° 48.66' W. long., to a point one nautical mile northwest of Point Marsden at 58° 04.33' N. lat., 134° 49.25' W. long., to Hawk Point at 58° 05.81' N. lat., 134° 47.09' W.

(7) Hood Bay: waters east of 134° 24.66' W. long.;

(8) Howard Bay: waters north of the latitude of the southernmost tip of Point Howard at 58° 17.37' N. lat.;

(9) Kelp Bay, Middle Arm, and South Arm: waters west of 134° 57.07' W. long.;

(10) waters within two nautical miles of the Admiralty and Killisnoo Islands shorelines south of the latitude of Parker Point at 57° 36.73' N. lat., and north of the latitude of Point Samuel at 57° 28.45' N. lat., including the waters of Kootznahoo Inlet;

(11) Tenakee Inlet:

(A) waters west of 135° 27.84' W. long.;

(B) waters of Saltery Bay west of 135° 22.40' W. long.;

(C) waters of Kadashan Bay, Corner Bay, and Crab Bay south of a line from 57° 44.87' N. lat., 135° 19.60' W. long., to 57° 45.58' N. lat., 135° 06.67' W. long.;

(D) waters of Trap Bay south of a line from 57° 45.29' N. lat., 135° 02.53' W. long., to 57° 45.47' N. lat., 134° 59.06' W. long.;

(12) Warm Springs Bay: waters west of 134° 46.79' W. long.;

(13) Whitewater Bay: waters east and south of a line from Point Caution at 57° 14.79' N. lat., 134° 38.22' W. long., to 57° 15.41' N. lat., 134° 36.46' W. long.;

(14) Wilson Cove: waters east of the longitude of Point Wilson at 134° 38.29' W. long.;

(15) Wukuklook Creek: waters north and west of a line from 57° 55.18' N. lat., 134° 55.69' W. long., to Flints Point at 57° 54.45' N. lat., 134° 57.48' W. long.

(n) District 13:

(1) Big Branch Bay: waters north and east of a line from 56° 19.47' N. lat., 134° 50.53' W. long., to 56° 19.31' N. lat., 134° 50.16' W. long.;

(2) Black Bay: waters north and east of a line from 57° 42.54' N. lat., 136° 09.28' W. long., to 57° 42.35' N. lat., 136° 09.10' W. long.;

(3) Deep Bay: waters west of a line from 57° 26.83' N. lat., 135° 37.38' W. long., to 57° 26.47' N. lat., 135° 37.85' W. long.;

(4) Fick Cove: waters south and west of a line from 57° 37.82' N. lat., 135° 39.70' W. long., to 57° 38.42' N. lat., 135° 40.77' W. long.;

(5) Fish Bay: waters east of 135° 35.17' W. long.;

(6) Goulding Harbor: waters north of a line from 57° 46.32' N. lat., 136° 15.17' W. long., to 57° 46.39' N. lat., 136° 15.54' W. long.;

(7) Hanus Bay: waters south of a line from 57° 25.47' N. lat., 134° 59.11' W. long., to 57° 25.28' N. lat., 135° 03.73' W. long.;

(8) Hoonah Sound: waters west and north of a line from 57° 44.16' N. lat., 135° 43.76' W. long., to 57° 43.70' N. lat., 135° 44.78' W. long.;

(9) Katlian Bay: waters north and east of a line from 57° 09.45' N. lat., 135° 22.66' W. long., to 57° 09.08' N. lat., 135° 21.83' W. long.;

(10) Lisianski Inlet:

(A) waters south of a line from 57° 56.72' N. lat., 136° 14.31' W. long., to 57° 57.22' N. lat., 136° 12.97' W. long.;

(B) waters north of a line from Ewe Ledge at 58° 05.27' N. lat., 136° 27.44' W. long., to Dace Rock at 58° 05.48' N. lat., 136° 26.17' W. long., during inseason coho salmon troll closures as set out under 5 AAC 29;

(11) Nakwasina Passage: waters north and east of a line from 57° 14.17' N. lat., 135° 29.96' W. long., to 57° 14.87' N. lat., 135° 30.56' W. long.;

(12) Nakwasina Sound: waters north and east of a line from 57° 11.65' N. lat., 135° 23.61' W. long., to 57° 12.20' N. lat., 135° 24.73' W. long.;

(13) Patterson Bay: waters west of a line from 57° 40.40' N. lat., 135° 42.71' W. long., to 57° 39.52' N. lat., 135° 42.28' W. long.;

(14) Port Banks: waters south and east of a line from 56° 36.11' N. lat., 135° 00.44' W. long., to 56° 35.86' N. lat., 135° 01.17' W. long.;

(15) Redfish Bay: waters north and west of a line from 56° 20.68' N. lat., 134° 51.54' W. long., to 56° 20.80' N. lat., 134° 51.16' W. long.;

(16) Redoubt Bay: waters east of 135° 18.88' W. long.;

(17) Rodman Bay: waters west and south of a line from 57° 28.37' N. lat., 135° 21'.05 W. long., to 57° 28.87' N. lat., 135° 21.72' W. long.;

(18) Salt Lake Lagoon, Takanis Bay: waters north and east of a line from 57° 55.11' N. lat., 136° 30.43' W. long., to 57° 55.46' N. lat., 136° 31.08' W. long.;

(19) Saook Bay: waters west and south of a line from 57° 26.21' N. lat., 135° 11.60' W. long., to 57° 26.71' N. lat., 135° 12.42' W. long.;

(20) Sister Lake: waters inside a line from 57° 37.59' N. lat., 136° 00.80' W. long., to 57° 38.00' N. lat., 136° 00.84' W. long.;

(21) Sitkoh Bay: waters west of a line from 57° 29.19' N. lat., 134° 53.71' W. long., to 57° 29.64' N. lat., 134° 53.51' W. long.;

(22) Stag Bay: waters east of 136° 21.42' W. long.;

(23) Starrigavan Bay: waters east of a line from the ferry terminal dock at 57° 07.76' N. lat., 135° 22.82' W. long., to 57° 08.39' N. lat., 135° 22.59' W. long.;

(24) Still Harbor: waters south and east of a line from 56° 33.18' N. lat., 135° 02.71' W. long., to 56° 33.63' N. lat., 135° 02.42' W. long.;

(25) Ushk Bay: waters west of 135° 35.00' W. long.;

(26) Waterfall Cove, Slocum Arm: waters north and east of a line from 57° 31.27' N. lat., 135° 56.17' W. long., to 57° 30.92' N. lat., 135° 55.18' W. long.

(o) District 14:

(1) Dundas Bay: waters north of 58° 19.94' N. lat.;

(2) Excursion Inlet: waters north of a line from 58° 27.01' N. lat., 135° 28.77' W. long., to a point at 58° 26.97' N. lat., 135° 27.41' W. long.;

(3) Idaho Inlet: waters south of 58° 08.30' N. lat.;

(4) Port Althorp and Salt Chuck Bay: waters east of 136° 18.00' W. long.;

(5) Port Frederick: waters south and west of a line from Cannery Point at 58° 07.93' N. lat., 135° 27.92' W. long., to the westernmost tip of Halibut Island at 58° 09.04' N. lat., 135° 29.91' W. long., to 58° 09.66' N. lat., 135° 30.16' W. long.;

(6) Mud Bay: waters south of the latitude of Quartz Point at 58° 12.96' N. lat.;

(7) Spasski Bay: waters south of a line from Neck Point at 58° 07.07' N. lat., 135° 19.23' W. long., to Spasski Island Light at 58° 07.97' N. lat., 135° 16.30' W. long., to 58° 05.67' N. lat., 135° 13.47' W. long.;

(8) Whitestone Harbor: waters west of a line from 58° 04.27' N. lat., 135° 04.73' W. long., to 58° 03.62' N. lat., 135° 04.33' W. long.

(p) District 15:

(1) Chilkat Inlet: waters north of the latitude of Letnikof Cove Light at 59° 10.42' N. lat.;

(2) Lutak Inlet: waters northwest of a line between Tanani Point at 59° 16.39' N. lat., 135° 26.46' W. long. and Taiya Point at 59° 17.27' N. lat., 135° 24.12' W. long.;

St. James Bay: waters north of a line from Point Whidbey at 58° 34.65' N. lat., 135° 08.69' W. long., to St. James Point at 58° 33.75' N. lat., 135° 09.91' W. long.;

(4) Taiya Inlet: waters north of the latitude of Taiya Point at 59° 17.27' N. lat.

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 33.359 Section 6-D Pink Salmon Management Plan {#sec-5-aac-33.359 omnilex-key=us-ak-regs-official--title-5--5 AAC 33.359}

(a) The department may open Section 6-D to drift gillnet fishing during the period of time that is after the first Saturday in August and before the first Sunday in September as described in this section.

(b) If a purse seine fishery is announced to be opened or is opened in the portion of Section 6-D for any portion of one day, the drift gillnet fishery may open as follows:

(1) the drift gillnet fishery will open during the weekly open drift gillnet fishing period immediately following the purse seine fishery closure;

(2) the drift gillnet fishery will close at 11:59 p.m. the day before the next scheduled purse seine fishery opening or at the conclusion of the weekly open drift gillnet fishing period, whichever occurs first.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 7/1/2015, Register 214; am 10/16/2022, Register 244

5 AAC 33.360 District 1 Pink Salmon Management Plan {#sec-5-aac-33.360 omnilex-key=us-ak-regs-official--title-5--5 AAC 33.360}

On and after the third Sunday in July in District 1, when a purse seine fishery is harvesting pink salmon stocks subject to concurrent salmon fishing by drift gillnets in Section 1-B, the following time formula applies:

(1) when the purse seine fishery is open for any portion of one day during a fishing week, the drift gillnet fishery must be open for 48 hours during the same fishing week;

(2) when the purse seine fishery is open for any portion of two days during a fishing week, the drift gillnet fishery must be open for 96 hours during the same fishing week;

(3) when the purse seine fishery is open for any portion of three or more days during a fishing week, the drift gillnet fishery must be open for 120 hours during the same fishing week.

History

Authority: AS 16.05.251

5 AAC 33.361 United States-Canada Salmon Management Plan {#sec-5-aac-33.361 omnilex-key=us-ak-regs-official--title-5--5 AAC 33.361}

(a) The department shall manage the recreational, troll, purse seine and gillnet salmon fisheries in the Southeastern Alaska and Yakutat Areas in accordance with the conservation and harvest goals, and the understandings, of the United States-Canada Pacific Salmon Treaty.

(b) Repealed 6/25/89.

(d) Repealed 6/25/89.

(e) Repealed 6/25/89.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 6/28/81, Register 78; am 7/25/82, Register 83; am 6/30/83, Register 86; am 5/31/85, Register 94; am 6/25/89, Register 110

5 AAC 33.362 Lower Clarence Strait Pink Salmon Management Plan {#sec-5-aac-33.362 omnilex-key=us-ak-regs-official--title-5--5 AAC 33.362}

Repealed 6/25/89.

5 AAC 33.363 Management guidelines for allocating Southeast Alaska pink, chum, and sockeye salmon between commercial net fisheries {#sec-5-aac-33.363 omnilex-key=us-ak-regs-official--title-5--5 AAC 33.363}

(a) Present management of state-financed hatchery and enhanced stocks represents the collective biological, social, and economic factors which have been applied over time and have resulted in current regulations.

(b) Similarly, present management of wild stocks represents the collective biological, social, and economic factors which have been applied over time and have resulted in current regulations.

(c) As a general matter, the harvest of fish stocks will be managed primarily for the benefit of the user groups within the district to which those stocks are bound. The board recognizes that biological, social, and economic factors and the current regulatory structure may result in the need to harvest such stocks outside the district for which they are bound.

(d) The board recognizes that stock fluctuations will result in differential harvests of stocks bound for other districts. The board will not consider such changes in harvests as a basis for regulatory changes not based purely on conservation concerns. If conservation concerns necessitate a change in management, these changes will be reversed when, if, and to the degree, that, there is no longer a conservation concern.

(e) In applying this policy to mixed stock cape and corridor fisheries, deviation from the current management should not be allowed except to access harvestable surpluses of significant stocks that will otherwise go unharvested. Harvest of these stocks must be conducted in a manner that minimizes the incidental take of other species and that does not jeopardize the conservation of any stock. The board recognizes that it may need to establish the allowable number or percentage of incidental catch in these highly mixed stock areas in order to ensure that the department is not forced into making allocation decisions.

(f) As a general proposition, private nonprofit hatchery stocks supported by fishermen assessments will be managed to

(1) maximize harvest in the common property fisheries consistent with wild stock conservation concerns and the facility's management plan; and

(2) give primary emphasis to the facility's plan for allocation within the common property fisheries within the special harvest area.

(g) Southeast Alaska salmon fisheries have been impacted by the U.S./Canada Pacific Salmon Treaty. The future extent of those impacts will continue to depend on fish availability and long term implementation of the treaty. Over time, the board will evaluate the impact of the treaty in light of the effects as they occur and may provide allocative relief consistent with this policy.

(h) Consistent with management guidelines for allocating pink, sockeye, and chum salmon between the commercial net fisheries, the following allocations between the purse seine and gillnet fleets have historically occurred for the period 1960 - 1988, based on the total catches of the Southeast Area net fisheries minus the Annette Island Reserve catches, and will be considered by the board in future allocation decisions:

(1) pink salmon: 95 percent purse seine and five percent gillnet;

(2) sockeye salmon: 51 percent purse seine and 49 percent gillnet;

(3) chum salmon: 73 percent purse seine and 27 percent gillnet.

(i) It is the intent of the board that if conditions require that salmon management for the net fisheries in the Southeastern Alaska Area be significantly altered, the actions will not disrupt the allocation balance that has taken place over time and as described in the management guidelines in this section, and that the burden of conservation for the net fisheries not be significantly altered.

History

Authority: AS 16.05.251
Eff. 6/25/89, Register 110; am 7/26/2003, Register 167

5 AAC 33.364 Southeastern Alaska Area Enhanced Salmon Allocation Management Plan {#sec-5-aac-33.364 omnilex-key=us-ak-regs-official--title-5--5 AAC 33.364}

(a) The purpose of the management plan contained in this section is to provide a fair and reasonable distribution of the harvest of salmon from enhancement projects among the seine, troll, and drift gillnet commercial fisheries, and to reduce conflicts among these users, in the Southeastern Alaska Area. The Board of Fisheries establishes the following value allocations:

(1) seine - 44 percent - 49 percent;

(2) hand and power troll - 27 percent - 32 percent;

(3) drift gillnet - 24 percent - 29 percent.

(b) The department shall evaluate the annual harvest of salmon stocks from enhancement projects to determine whether the distribution of the value of enhanced salmon taken in the seine, troll, and drift gillnet fisheries in the Southeastern Alaska Area is consistent with the allocations established in (a) of this section. The evaluation of allocation percentages shall be based on five-year increments, beginning with 1985. The value of the enhanced salmon harvested each year shall be determined by the department based on data from the Commercial Fisheries Entry Commission.

(c) If the value of the harvest of enhanced salmon stocks by a gear group listed in (a) of this section is outside of its allocation percentage for three consecutive years, the board will, in its discretion, adjust fisheries within special harvest areas to bring the gear group within its allocation percentage.

(d) The department may not make inseason adjustments or changes in management in or out of the special harvest areas to achieve the allocation percentages established in (a) of this section.

History

Authority: AS 16.05.251; AS 16.05.730; AS 16.10.440
Eff. 5/29/94, Register 130

5 AAC 33.365 Southeastern Alaska-Yakutat Chinook and Coho Salmon Fisheries Management Plan {#sec-5-aac-33.365 omnilex-key=us-ak-regs-official--title-5--5 AAC 33.365}

Repealed.

5 AAC 33.366 Northern Southeast seine salmon fishery management plans {#sec-5-aac-33.366 omnilex-key=us-ak-regs-official--title-5--5 AAC 33.366}

(a) During July, the department may allow the operation of purse seines in District 12 north of Point Marsden to harvest pink salmon migrating northward in Chatham Strait only as follows:

(1) the department may open only those portions of the area in which a harvestable abundance of pink salmon is observed; open areas and times must consider conservation concerns for all species in the area;

(2) the department shall close the seine fishery in District 12 north of Point Marsden after 15,000 wild sockeye salmon are harvested by seine vessels that the department identifies as taken north of Point Marsden when other areas are open concurrently through July 22; hatchery-produced sockeye salmon will not count against the 15,000 wild sockeye salmon harvest limit; during the openings, the department will use aerial flyovers, on-the-ground sampling, interviews, and fish tickets to estimate the sockeye salmon harvest north of Point Marsden.

(b) Salmon may be taken during emergency order openings for chum salmon in Excursion Inlet only in waters of Section 14-C north of the latitude of the northern tip of the Porpoise Islands. The commissioner may open the area by emergency order only after consideration of concerns for chum and coho salmon conservation.

(c) The department may allow the operation of purse seines in District 12 south of Point Marsden. Before opening fishing areas and times under this subsection, the department must consider conservation concerns for all salmon species in the area, and

(1) the portion of District 12 within two miles of the Admiralty Island shoreline south of the latitude of Point Hepburn at 57° 56.21' N. lat. and north of the latitude of Fishery Point at 57° 47.36' N. lat. may not open before July 17;

(2) the portion of District 12 within two miles of the Admiralty Island shoreline south of the latitude of Fishery Point at 57° 47.36' N. lat. and north of the latitude of Parker Point at 57° 36.73' N. lat. may not open before July 21.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 6/25/89, Register 110; am 7/26/2003, Register 167; am 5/26/2006, Register 178; am 5/9/2015, Register 214; am 7/1/2015, Register 214; am 6/17/2018; Register 226; am 4/23/2021, Register 238; am 10/16/2022, Register 244

5 AAC 33.367 Harvest and allocation of net caught salmon {#sec-5-aac-33.367 omnilex-key=us-ak-regs-official--title-5--5 AAC 33.367}

Repealed.

History

Eff. 10/1/98, Register 147; repealed 6/1/2003, Register 166

5 AAC 33.368 District 8 King Salmon Management Plan {#sec-5-aac-33.368 omnilex-key=us-ak-regs-official--title-5--5 AAC 33.368}

(a) The purpose of the management plan in this section is to provide for abundance-based management of king salmon, reduce the conflicts between commercial and sport fishermen, and reduce the incidental harvest of steelhead.

(b) District 8 will open on the second Monday in June, except that from the first Monday in May through the third Monday in June the commissioner may, by emergency order, open drift gillnet fishing in the waters of District 8.

(c) Fishing periods established under this section will begin at 8:00 a.m. and may not exceed four days a week before the second Monday in June. The commissioner may not establish fishing periods under this section to occur

(1) on a weekend day;

(2) on a state or federal holiday; and

(3) after 8:00 a.m. on Wednesday during the week before the Memorial Day weekend.

(d) In this section, "week" means a calendar week, a period of time beginning at 12:00:01 a.m. Sunday and ending at 12:00 midnight the following Saturday.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 5/26/2006, Register 178; am 4/24/2009, Register 190

5 AAC 33.369 District 1: Herring Bay Terminal Harvest Area Salmon Management Plan {#sec-5-aac-33.369 omnilex-key=us-ak-regs-official--title-5--5 AAC 33.369}

(a) The management plan in this section allows for a harvest of Whitman Lake hatchery-produced king salmon by the troll, personal use, and sport fisheries.

(b) The Herring Bay Troll Terminal Harvest Area is open for commercial salmon trolling from July 1 through August 30, unless closed earlier by emergency order. The Herring Bay Troll Terminal Harvest Area consists of those waters of Revillagigedo Channel north and west of a line from the westernmost tip of Carroll Point at 55° 18.00' N. lat., 131° 29.00' W. long., across to Spire Island Light on the eastern shore of Annette Island at 55° 16.08' N. lat., 131° 29.98' W. long., excluding waters of the Annette Islands Reserve, Carroll Inlet south of the latitude of the southernmost tip of California Head at 55° 19.57' N. lat., George Inlet south of 55° 20.80' N. lat., and south of a line from a point located on the southeastern shore of Gravina Island at 55° 17.65' N. lat., 131 ° 37.03' W. long., to a point on the southeast shore of Tongass Narrows at 55° 18.65' N. lat., 131° 35.13' W. long., and east of a line from the southernmost tip of Gravina Point located on the southeast shore of Gravina Island at 55° 17.13' N. lat., 131° 37.17' W. long., to the northernmost tip of Walden Point located on the northwest tip of Annette Island at 55° 16.45' N. lat., 131° 35.37' W. long., excluding waters of the Annette Islands Reserve, except that from 12:01 a.m. July 1 through 11:59 p.m. July 31, the waters of Carroll Inlet south of 55° 24.27' N. lat., are included in the Herring Bay Troll Terminal Harvest Area.

(c) The Herring Bay Personal Use Terminal Harvest area is open for personal use fishing during the times that the Herring Bay Troll Terminal Harvest Area is open for commercial salmon troll gear under (b) of this section. The Herring Bay Personal Use Terminal Harvest Area consists of those waters of Herring Cove west of a line from a point near the entrance of Hole-In-The-Wall harbor at 55° 19.09' N. lat., 131° 31.21' W. long., to an unnamed creek one-eighth of a mile north of Whitman Creek at 55° 19.88' N. lat., 131° 30.78' W. long., and east of a line at the mouth of Herring Cove Creek from 55° 19.54' N. lat., 131° 31.40' W. long., to 55° 19.48' N. lat., 131° 31.39' W. long., (signed and green painted rocks) at mean lower low water. The following conditions apply to a personal use salmon fishing permit issued under 5 AAC 77.682 for the Herring Bay Personal Use Terminal Harvest Area:

(1) salmon may be taken for personal use only by drift gillnets;

(2) a drift gillnet may be 10 fathoms or less in length; a gillnet may not be anchored or attached to a boat; a gillnet may be any mesh size; and

(3) the daily bag and possession limit for king salmon is 50 fish, unless specified by emergency order; any incidental harvest of other finfish species shall be listed on the personal use salmon fishing permit.

(d) The Herring Bay Sportfish Terminal Harvest Area is open for sport fishing from June 1 through July 31. The Herring Bay Sportfish Terminal Harvest Area consists of those waters of Nichols Pass north of the latitude of Driest Point, Revillagigedo Channel north of the latitude of Harbor Point, and Tongass Narrows south of the latitude of the Lewis Reef light. The following conditions apply to sport fishing in the Herring Bay Sportfish Terminal Harvest Area:

(1) the bag and possession limit is six king salmon, with no size limit; the bag and possession limit for king salmon may be reduced by emergency order to assure adequate return of hatchery broodstock;

(2) king salmon harvested in the terminal harvest area do not count toward the nonresident annual limit.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 7/13/2012, Register 203; am 10/16/2022, Register 244; am 11/10/2024, Register 252

5 AAC 33.370 District 1: Neets Bay Hatchery Salmon Management Plan {#sec-5-aac-33.370 omnilex-key=us-ak-regs-official--title-5--5 AAC 33.370}

(a) The intent of the Board of Fisheries in adopting this management plan is to distribute the harvest of hatchery-produced fall chum and coho salmon in Neets Bay between the purse seine, troll, and drift gillnet fleets. In addition to that goal, the board and the public would like to have a fishery in Neets Bay that produces a quality product that will allow the Southern Southeast Regional Aquaculture Association (SSRAA) to meet its corporation escapement goal with the least number of fish and provide the highest possible price to the fishermen.

(b) The department, in consultation with SSRAA, shall manage Neets Bay east of the longitude of the easternmost tip of Bug Island at 131° 39.14' W. long., to the closed waters area at the head of the bay to distribute the harvest of Neets Bay hatchery-produced salmon between the purse seine, troll, and drift gillnet fleets by setting the fishing times for those fleets as follows:

(1) salmon may be taken by troll gear only during periods established by emergency order;

(2) salmon may be taken by purse seines and drift gillnets only during periods established by emergency order as follows:

(A) openings for seines and gillnets must be rotated between net gear groups with a closure of at least 24 hours between openings; after July 4, the first opening will start with the gear group furthest below the gear group's enhanced allocation under 5 AAC 33.364, based on the most recent five-year rolling average data available;

(B) a gillnet opening must be no less than 24 hours in duration and a seine opening must be no less than 12 hours in duration, except that after June 20 the time ratio for gillnet openings to seine openings is one to one;

(3) repealed 6/25/89;

(4) repealed 6/25/89;

(5) from the second Sunday in June through August 1, the area described in this subsection shall be expanded to Neets Bay east of the longitude of Chin Point at 131° 42.10' W. long., to the closed waters area at the head of the bay.

(d) Personal use and sport fishing will be allowed in the harvest area whenever SSRAA is not harvesting salmon for its corporation escapement goal and so long as the personal use and sport fishery do not jeopardize the attainment of that goal.

(e) Gear for the personal use fishery is drift gillnets with a maximum length of 50 fathoms. The annual bag and possession limit is 25 salmon.

(f) Waters of Neets Bay east of the longitude of 131° 31.21' W. long., located approximately one mile from the head of the bay are closed to commercial, sport, and personal use salmon fishing from June 15 through November 15.

(g) Instead of allowing the harvest of hatchery-produced king salmon for cost recovery by the hatchery permit holder, the commissioner may, after consultation with the hatchery operator, by emergency order, open a joint common property and cost recovery assessment fishery for king salmon as specified in AS 16.10.455 to occur only in the waters as described in (b) of this section.

History

Authority: AS 16.05.060; AS 16.05.251; AS 16.10.455
Eff. 5/31/85, Register 94; am 4/18/86, Register 98; am 6/25/89, Register 110; am 6/28/97, Register 142; am 7/26/2003, Register 167; am 5/26/2006, Register 178; am 5/31/2009, Register 190; am 7/13/2012, Register 203; am 4/25/2021, Register 238; am 11/10/2024, Register 252

5 AAC 33.371 District 1: Carroll Inlet Terminal Harvest Area Salmon Management Plan {#sec-5-aac-33.371 omnilex-key=us-ak-regs-official--title-5--5 AAC 33.371}

Repealed.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 6/25/89, Register 110; am 6/28/97, Register 142; am 3/11/2001, Register 157; am 7/26/2003, Register 167; repealed 5/31/2009, Register 190

5 AAC 33.372 District 1: Nakat Inlet Terminal Harvest Area Salmon Management Plan {#sec-5-aac-33.372 omnilex-key=us-ak-regs-official--title-5--5 AAC 33.372}

(a) This management plan provides for the terminal area common property harvest of hatchery-produced coho and chum salmon in the Nakat Inlet Terminal Harvest Area and distributes the harvest between the troll and drift gillnet fleets.

(b) The department, in consultation with the Southern Southeast Regional Aquaculture Association (SSRAA), shall manage the waters of Nakat Inlet north of Surprise Point at 54° 49.10' N. lat. and west of 130° 42.75' W. long. from June 1 through November 10 to distribute the harvest of hatchery-produced coho and chum salmon. Fishing will be open continuously to troll gear and drift gillnet gear from June 1 through November 10, unless closed earlier by emergency order.

(d) A drift gillnet operated in the terminal harvest area may not exceed 200 fathoms in length.

(e) Salmon may be taken in the terminal harvest area under sport and personal use fishing regulations at any time. A personal use permit issued under 5 AAC 77.682 must include the following conditions:

(1) salmon may be taken for personal use only by drift gillnets;

(2) a drift gillnet operated for personal use may not exceed 50 fathoms in length; and

(3) the annual bag and possession limit for personal use is 25 salmon.

(f) Repealed 5/31/2009.

(g) Repealed 5/31/2009.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 6/25/89, Register 110; am 6/28/97, Register 142; am 7/26/2003, Register 167; am 5/26/2006, Register 178; am 5/31/2009, Register 190

5 AAC 33.373 District 7: Eastern Passage Terminal Harvest Area Salmon Management Plan {#sec-5-aac-33.373 omnilex-key=us-ak-regs-official--title-5--5 AAC 33.373}

Repealed.

History

Eff. 6/25/89, Register 110; am 6/30/91, Register 119; am 4/23/94, Register 130; am 6/28/97, Register 142; am 3/11/2001, Register 157; am 7/26/2003, Register 167; repealed 5/31/2009, Register 190

5 AAC 33.374 District 12: Hidden Falls Hatchery Terminal Harvest Area Salmon Management Plan {#sec-5-aac-33.374 omnilex-key=us-ak-regs-official--title-5--5 AAC 33.374}

(a) The Hidden Falls Terminal Harvest Area for chum, king, and coho salmon consists of the waters of District 12 south of the latitude of South Point at 57° 16.28' N. lat., and north of 57° 06.76' N. lat., and west of a line from a point offshore at 57° 16.28' N. lat., 134° 48.00' W. long., to a point offshore at 57° 06.76' N. lat., 134° 43.00' W. long., excluding the waters of Kelp Bay.

(b) Purse seine and troll openings will be managed by emergency order to harvest king and chum salmon returning to the Hidden Falls Hatchery in excess of broodstock and cost recovery needs.

(1) purse seine openings will be limited to a maximum of two fishing days per week in the terminal harvest area in order to harvest surplus chum salmon;

(2) if Sunday seine openings or midweek openings do not occur, in order to achieve broodstock and cost recovery goals, the troll fishery for the harvest of chum salmon will be closed; if more than seven days remain before the July 1 general summer troll fishery opening, troll fisheries for king salmon may continue; however, chum salmon caught must be released immediately and may not be retained or sold;

(3) before June 30, the waters of Kasnyku Bay west of a line from North Point to the westernmost tip of Round Island and north of the latitude of the westernmost tip of Round Island may be closed to purse seine fishing in order to provide troll gear access to king salmon.

(d) Beginning July 1, king and chum salmon may be harvested by troll and purse seine gear as follows:

(1) during troll and purse seine fishery openings, areas within the terminal harvest area may be closed to protect chum and king salmon broodstock or to provide for cost recovery;

(2) to limit the troll gear harvest of chum salmon in the terminal harvest area, the number of chum salmon on board a troll vessel or recorded on a fish ticket may not exceed the number of king salmon on board the troll vessel or recorded on a fish ticket.

(e) The Hidden Falls Terminal Harvest Area will be open to the retention of coho salmon by troll gear from June 1 through September 20, unless closed by emergency order. During a season when the general summer troll season is extended in District 12, the season in the Hidden Falls Terminal Harvest Area will also be extended. During the mid-August troll fishery closure, the Hidden Falls Terminal Harvest Area will be open. The open area will be restricted to an area within one mile from shore south of 57° 15.00' N. lat., north of 57° 10.00' N. lat., and west of a line from 57° 15.00' N. lat., 134° 48.60' W. long. to 57° 10.00' N. lat., 134° 46.40' W. long.

(f) Instead of allowing the harvest of hatchery chum salmon for cost recovery by the hatchery permit holder, the commissioner may, after consultation with the hatchery operator, by emergency order, open a joint common property and cost recovery special assessment fishery for chum salmon as specified in AS 16.10.455 from June 15 through July 31 to occur only in the waters of Section 12-A south of 57° 27.00' N. lat., north of 57° 01.00' N. lat., and west of a line from 57° 27.00' N. lat., 134° 45.50' W. long. to 57° 01.00' N. lat., 134° 41.50' W. long.

(g) The waters of the Hidden Falls Terminal Area that are north and west of a line from ADF&G regulatory markers located at 57° 13.17' N. lat., 134° 51.86' W. long. to 57° 13.08' N. lat., 134° 52.02' W. long. and north of a line from 57° 13.05' N. lat., 134° 52.24' W. long. to 57° 13.06' N. lat., 134° 52.20' W. long. are closed to commercial salmon fishing, other than hatchery cost recovery fishing.

History

Authority: AS 16.05.060; AS 16.05.251; AS 16.10.455
Eff. 6/25/89, Register 110; am 4/23/94, Register 130; am 6/28/97, Register 142; am 3/11/2001, Register 157; am 7/26/2003, Register 167; am 5/26/2006, Register 178; am 7/13/2012, Register 203; am 7/1/2015, Register 214; am 6/27/2025, Register 254

5 AAC 33.375 District 13: Silver Bay (Medvejie Creek Hatchery) Salmon Management Plan {#sec-5-aac-33.375 omnilex-key=us-ak-regs-official--title-5--5 AAC 33.375}

(a) The commissioner shall open and close, by emergency order, salmon fishing seasons and periods in waters of Silver Bay east of a line from Entry Point Light at 57° 01.96' N. lat., 135° 15.01' W. long., to Silver Point at 57° 00.80' N. lat., 135° 18.09' W. long., to ensure chum salmon broodstock escapement to the Medvejie Creek Hatchery and to allow for the common property fisheries to harvest excess salmon, including king salmon, by troll gear before July 31.

(b) The waters of Bear Cove are closed to commercial salmon troll gear east of a line from a point on the south shore at 57° 00.77' N. lat., 135° 09.08' W. long. to the north shore at 57° 00.94' N. lat., 135° 09.23' W. long.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 5/31/85, Register 94; am 4/23/94, Register 130; am 6/28/97, Register 142; am 6/14/2000, Register 154; am 3/11/2001, Register 157; am 7/26/2003, Register 167; am 7/13/2012, Register 203; am 2/22/2015, Register 213; am 11/10/2024, Register 252

5 AAC 33.376 District 13: Deep Inlet Terminal Harvest Area Salmon Management Plan {#sec-5-aac-33.376 omnilex-key=us-ak-regs-official--title-5--5 AAC 33.376}

(a) The intent of this management plan is to distribute the harvest of hatchery-produced salmon in the area described in (b) of this section between the purse seine, drift gillnet, and troll fleets.

(b) The department, in consultation with the Northern Southeast Regional Aquaculture Association (NSRAA), shall open and close, by emergency order, fishing seasons and periods to manage the waters of Deep Inlet, Aleutkina Bay, and contiguous waters south of a line from a point west of Pirate Cove at 56° 59.35' N. lat., 135° 22.63' W. long., to the westernmost tip of Long Island at 56° 59.98' N. lat., 135° 21.93' W. long., to the easternmost tip of Long Island at 56° 59.95' N. lat., 135° 20.37' W. long., to the westernmost tip of Emgeten Island at 57° 00.08' N. lat., 135° 20.01' W. long., to the westernmost tip of Error Island at 57° 00.54' N. lat., 135° 19.50' W. long., to the westernmost tip of Berry Island at 57° 00.32' N. lat., 135° 18.68' W. long., to the southernmost tip of Berry Island at 57° 00.28' N. lat., 135° 18.52' W. long., to the westernmost tip of the southernmost island in the Kutchuma Island group at 57° 00.14' N. lat., 135° 18.27' W. long., to the easternmost tip of the southernmost island in the Kutchuma Island group at 57° 00.06' N. lat., 135° 17.95' W. long., to the westernmost tip of an unnamed island at 57° 00.29' N. lat., 135° 17.66' W. long., to a point on the southern side of the unnamed island at 57° 00.07' N. lat., 135° 16.80' W. long., and then to a point on the Baranof Island shore at 56° 59.93' N. lat., 135° 16.53' W. long., as follows:

(1) salmon may be taken by purse seines and drift gillnets only during periods established by emergency order, as follows:

(A) openings for seines and gillnets must be rotated between net gear groups; the department, in consultation with NSRAA, shall close fishing between openings;

(B) the time ratio for gillnet openings to seine openings is one to one;

(2) salmon may be taken by troll gear when the waters described in this subsection are closed to commercial net gear;

(3) the commissioner may close the seasons in the waters described in this subsection to trolling during hatchery cost recovery periods;

(4) before July 1, in order to protect local sockeye salmon stocks, the commissioner may, by emergency order, close the fishing season and immediately reopen the fishing season during which the minimum mesh size of a gillnet in the drift gillnet fishery is six inches.

(d) The waters described in (b) of this section, west of 135° 20.75' W. long., will be closed to purse seine and drift gillnet gear beginning with the first emergency order of the season through the third Saturday in June.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 4/30/91, Register 118; am 4/23/94, Register 130; am 6/28/97, Register 142; am 6/14/2000, Register 154; am 3/11/2001, Register 157; am 5/26/2006, Register 178; am 5/31/2009, Register 190; am 7/13/2012, Register 203; am 5/9/2015, Register 214; am 6/17/2018, Register 226; am 4/23/2021, Register 238; am 10/16/2022, Register 244; am 11/10/2024, Register 252

5 AAC 33.377 District 2: Kendrick Bay Terminal Harvest Area Salmon Management Plan {#sec-5-aac-33.377 omnilex-key=us-ak-regs-official--title-5--5 AAC 33.377}

(a) The management plan in this section allows for a harvest of hatchery-produced chum salmon in the Kendrick Bay Terminal Harvest Area by the purse seine and troll fleets.

(b) The department, in consultation with the Southern Southeast Regional Aquaculture Association (SSRAA), shall manage the Kendrick Bay Terminal Harvest Area from June 15 through September 30 to provide for the harvest of hatchery-produced chum salmon by purse seine and troll gear, unless closed earlier by emergency order. The Kendrick Bay Terminal Harvest Area consists of the waters of Kendrick Bay west of 131° 59' W. long. and the waters of McLean Arm west of 131° 57.80' W. long.

(c) The commissioner, by emergency order, shall close the area described in (b) of this section to personal use and sport fishing if those fisheries are jeopardizing the attainment of the hatchery's chum salmon escapement goal.

(d) The department shall include the following conditions in a personal use salmon fishing permit issued under 5 AAC 77.682 for the area described in (b) of this section:

(1) salmon may be taken for personal use only by drift gillnets:

(2) a drift gillnet operated for personal use may not exceed 50 fathoms in length; and

(3) the annual bag and possession limit for personal use is 25 salmon.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 4/23/94, Register 130; am 6/28/97, Register 142; am 3/11/2001, Register 157; am 5/31/2009, Register 190; am 7/13/2012, Register 203; am 5/9/2015, Register 214

5 AAC 33.378 District 11: Snettisham Hatchery Salmon Management Plan {#sec-5-aac-33.378 omnilex-key=us-ak-regs-official--title-5--5 AAC 33.378}

The department shall manage the enhanced sockeye salmon production and returns from Port Snettisham to meet the following objectives, in order of priority:

(1) sustain the production of wild sockeye salmon from Crescent Lake and Speel Lake;

(2) manage the enhanced Snettisham sockeye returns in a manner that does not prevent the achievement of escapement goals or the Pacific Salmon Treaty harvest sharing agreements for the Taku River salmon stocks;

(3) conduct annual assessment programs during the harvest to estimate Snettisham wild sockeye salmon stock escapements and the contributions of enhanced sockeye salmon to the commercial fisheries in District 11;

(4) conduct the common property harvest in the special harvest area by limiting time and area through emergency order authority to protect the wild sockeye salmon runs.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 6/14/2000, Register 154

5 AAC 33.379 Carroll Inlet Terminal Harvest Area Salmon Management Plan {#sec-5-aac-33.379 omnilex-key=us-ak-regs-official--title-5--5 AAC 33.379}

(a) This management plan distributes the harvest of hatchery-produced king salmon in the Carroll Inlet Terminal Harvest Area between the purse seine, troll and drift gillnet fleets.

(b) The department, in consultation with the Southern Southeast Regional Aquaculture Association (SSRAA), shall, by emergency order, manage the Carroll Inlet Terminal Harvest Area from June 1 through July 1 to provide for the harvest of hatchery-produced king salmon by troll, purse seine, and drift gillnet gear. The Carroll Inlet Terminal Harvest Area consists of the waters of Carroll Inlet north of the latitude of Nigelius Point at 55° 33.50' N. lat., 131° 21.14' W. long.

(d) Instead of allowing the harvest of hatchery-produced king salmon for cost recovery by the hatchery permit holder, the commissioner may, after consultation with the hatchery operator, by emergency order, open a joint common property and cost recovery assessment fishery for king salmon as specified in AS 16.10.455 to occur only in the waters as described in (b) of this section.

History

Authority: AS 16.05.060; AS 16.05.251; AS 16.10.455
Eff. 6/17/2018, Register 226; am 4/25/2021, Register 238

5 AAC 33.380 District 13: Crawfish Inlet Terminal Harvest Area Salmon Management Plan {#sec-5-aac-33.380 omnilex-key=us-ak-regs-official--title-5--5 AAC 33.380}

(a) This management plan provides for the harvest of hatchery-produced king and chum salmon in the Crawfish Inlet Terminal Harvest Area by the troll, purse seine, and drift gillnet fleet.

(b) The department, in consultation with the Northern Southeast Regional Aquaculture Association (NSRAA), shall, by emergency order, open and close the Crawfish Inlet Terminal Harvest Area to provide for the harvest of hatchery-produced king and chum salmon by troll, purse seine, and drift gillnet gear.

(c) The Crawfish Inlet Terminal Harvest Area consists of the waters east of a line from 56° 44.16' N. lat., 135° 15.80' W. long., to 56° 43.30' N. lat., 135° 17.80' W. long., to 56° 41.93' N. lat., 135° 17.54' W. long., to 56° 41.14' N. lat., 135° 13.80' W. long., including the waters of Jamboree Bay, Cedar Pass south of 56° 47.14' N. lat., and Crawfish Inlet west of 135° 11.05' W. long.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 6/17/2018, Register 226; am 6/28/2019, Register 230

(a) The Wrangell Narrows-Blind Slough Terminal Harvest Area Salmon Management Plan distributes the harvest of Crystal Lake Hatchery king and coho salmon returns to the terminal harvest area of Wrangell Narrows in Section 6-A south of 56° 46.00' N. lat., and north and east of the northern tip of Woewodski Island at 56° 35.75' N. lat., 132° 59.35' W. long., and the fresh waters of Blind Slough upstream of a line between Blind Point at 56° 38.84' N. lat., 132° 54.94' W. long., and Anchor Point at 56° 38.30' N. lat., 132° 55.67' W. long., among fisheries while protecting hatchery broodstock.

(b) The fresh waters from a line between Blind Point and Anchor Point upstream to a line at 56° 37.97' N. lat., 132° 53.47' W. long., to 56° 37.97' N. lat., 132° 53.63' W. long., are open to sport fishing, except as provided in 5 AAC 77.682.

(c) The fresh waters upstream from a line at 56° 37.97' N. lat., 132° 53.47' W. long., to 56° 37.97' N. lat., 132° 53.63' W. long., upstream to a line at 56° 36.87' N. lat., 132° 49.40' W. long., to 56° 36.82' N. lat., 132° 49.40' W. long., are closed to sport fishing from May 15 through August 15, unless opened by emergency order.

(d) A nonresident king salmon annual limit within the terminal harvest area is twice the nonresident daily bag and possession limit as set out under this section. The nonresident king salmon annual limit within the terminal harvest area does not count against the nonresident king salmon annual limit outside the terminal harvest area established under 5 AAC 47.055(c).

(e) The harvest of Crystal Lake Hatchery king salmon in the terminal harvest area will be distributed between the sport and commercial fisheries as follows:

(1) when the projected adult return of king salmon to the terminal harvest area is below 1,000 fish, sport and commercial salmon fisheries in the terminal harvest area will be closed to king salmon from May 15 through August 15;

(2) when the projected adult return of king salmon to the terminal harvest area is at least 1,000 but less than 2,000 fish, the commissioner shall open, by emergency order, the season for the terminal harvest area of Wrangell Narrows to sport fishing for king salmon with a resident daily bag and possession limit of one king salmon of any length and a nonresident daily bag and possession limit of one king salmon of any length from May 15 through August 15, during which time the terminal harvest area commercial salmon fishery in Wrangell Narrows will be closed; Blind Slough will be open to residents only with a daily bag and possession limit of one king salmon of any length from May 15 through August 15;

(3) when the projected adult return of king salmon to the terminal harvest area is at least 2,000 but less than 3,000 fish, the commissioner shall open, by emergency order, the season for the terminal harvest area to sport fishing for king salmon with a resident daily bag and possession limit of two king salmon of any length and a nonresident daily bag and possession limit of one king salmon of any length from May 15 through August 15, during which time the commercial salmon fishery in the terminal harvest area of Wrangell Narrows will be closed; Blind Slough will be open to the sport fishery with a resident daily bag and possession limit of two king salmon of any length and a nonresident daily bag and possession limit of one king salmon of any length from May 15 through August 15;

(4) when the projected adult return of king salmon to the terminal harvest area is at least 3,000 but less than 4,000 fish, the commissioner shall open, by emergency order, the terminal harvest area of Wrangell Narrows to sport fishing for king salmon with a resident daily bag and possession limit of three king salmon of any length and a nonresident daily bag and possession limit of two king salmon of any length from May 15 through August 15, during which time the commercial salmon fishery in the terminal harvest area in Wrangell Narrows will be closed; Blind Slough will be open to the sport fishery with a resident daily bag and possession limit of three king salmon of any length and a nonresident daily bag and possession limit of two king salmon of any length from May 15 through August 15;

(5) when the projected adult return of king salmon to the terminal harvest area is more than 4,000 fish, the commissioner shall open, by emergency order, the season for the terminal harvest area of Wrangell Narrows and Blind Slough to sport fishing for king salmon with a resident daily bag and possession limit of four king salmon of any length and a nonresident daily bag and possession limit of three king salmon of any length from May 15 through August 15, during which time the commercial fishery in the terminal harvest area of Wrangell Narrows will be opened to harvest 50 percent of the projected return over 4,000 fish; Blind Slough will be open to the sport fishery with a resident daily bag and possession limit of four king salmon of any length and a nonresident daily bag and possession limit of three king salmon of any length from May 15 through August 15.

(f) An angler that has harvested the daily bag limit from either the fresh or marine waters of the terminal harvest area may not take a king salmon from the other area of the terminal harvest in the same day.

(g) The department may close the sport fishery during periods of drought and warm water conditions to reduce stress on king salmon holding in Blind Slough.

(h) The department may, in the absence of broodstock concerns, increase harvest opportunity through one or more of the following actions:

(1) opening the closed area in the freshwater upstream from a line at 56° 37.97' N. lat., 132° 53.47' W. long., to 56° 37.97' N. lat., 132° 53.63' W. long., upstream to a line at 56° 36.87' N. lat., 132° 49.40' W. long., to 56° 36.82' N. lat., 132° 49.40' W. long., from May 15 through August 15;

(2) increasing daily bag and possession limits;

(3) removing annual nonresident limits;

(4) extending the dates of the management plan.

(i) The commissioner shall open and close, by emergency order, fishing seasons and periods to manage the return of coho salmon to

(1) assure adequate returns of hatchery broodstock;

(2) provide the sport fishery priority over the commercial harvest; the commissioner may allow the sport fishery to exceed over time the historical take of 20 percent of the returning harvest;

(3) provide the personal use fishery priority over the commercial harvest; the commissioner may allow the personal use fishery to exceed over time the historical take of five percent of the returning harvest; in the waters described in (a) of this section that are open to personal use coho salmon fishing under a personal use salmon fishing permit issued under 5 AAC 77.682, the possession and annual limit is 25 coho salmon; and

(4) provide fishing periods for coho salmon to allow a commercial harvest of up to 75 percent of the returning coho salmon based on the department's determination that the harvest is consistent with the priority of satisfying the sport and personal use fisheries' demand.

(j) Due to harvest objectives in the terminal harvest area, the waters of Frederick Sound east of a line from Boulder Point to Point Highland are closed to commercial salmon fishing from April 16 through May 31, except that if there is an allowable catch for Stikine River king salmon, the commissioner may open fishing periods in the waters of Frederick Sound east of a line from Beacon Point to Wood Point as specified in 5 AAC 33.368.

History

Authority: AS 16.05.060; AS 16.05.251; AS 16.10.455
Eff. 6/28/97, Register 142; am 7/26/2003, Register 167; em am 4/13/2005 - 8/10/2005, Register 174; am 5/26/2006, Register 178; am 5/31/2009, Register 190; am 6/5/2016, Register 218; am 11/10/2024, Register 252; am 6/27/2025, Register 254

5 AAC 33.382 District 3: Port Saint Nicholas Terminal Harvest Area Salmon Management Plan {#sec-5-aac-33.382 omnilex-key=us-ak-regs-official--title-5--5 AAC 33.382}

(a) This management plan distributes the harvest of hatchery-produced king salmon in the Port Saint Nicholas Terminal Harvest Area between the purse seine, troll, and drift gillnet fleets.

(b) The department, in consultation with the Southern Southeast Regional Aquaculture Association (SSRAA), shall manage the Port Saint Nicholas Terminal Harvest Area from May 1 through July 31 for troll, purse seine, and drift gillnet gear to provide for the harvest of hatchery produced king salmon, unless closed earlier by emergency order. The Port Saint Nicholas Terminal Harvest Area consists of all waters of Port Saint Nicholas east of the longitude of Point Miraballes at 133° 05.23' W. long., and west of the longitude at 132° 59.50' W. long., located at the mouth of the Port Saint Nicholas head stream.

(c) For troll gear, the terminal harvest area is expanded to the waters of Port Saint Nicholas and Bucareli Bay north and east of a line from Cape Suspiro at 55° 27.47' N. lat., 133° 08.50' W. long., to the northernmost tip of Toti Island at 55° 24.90' N. lat., 133° 07.34' W. long., to Point Miraballes at 55° 25.85' N. lat., 133° 05.23' W. long.

(d) A drift gillnet operated in the terminal harvest area may not exceed 200 fathoms in length.

History

Authority: AS 16.05.060; AS 16.05.251; AS 16.10.455
Eff. 10/16/2022, Register 244; am 11/10/2024, Register 252

5 AAC 33.383 District 7: Anita Bay Terminal Harvest Area Salmon Management Plan {#sec-5-aac-33.383 omnilex-key=us-ak-regs-official--title-5--5 AAC 33.383}

(a) The Anita Bay Terminal Harvest Area consists of the waters of Anita Bay south and west of a line from the tip of Anita Point at 56° 13.68' N. lat., 132° 22.48' W. long., to a point on the northern shore at 56° 14.26' N. lat., 132° 23.93' W. long.

(b) The commissioner shall open and close, by emergency order, fishing seasons and periods to manage the common property fisheries to harvest excess salmon returning to the Anita Bay Terminal Harvest Area. The Terminal Harvest Area will be opened and closed under this subsection to the harvest of salmon as follows:

(1) the waters within one-quarter mile of the northern shoreline of Anita Bay west of a line from 56° 12.33' N. lat., 132° 26.19' W. long., to 56° 12.06' N. lat., 132° 26.19' W. long., and east of a line from 56° 11.96' N. lat., 132° 29.57' W. long., to 56° 11.73' N. lat., 132° 29.36' W. long., will be open from June 15 through July 10;

(2) the waters south and west of the waters specified in (1) of the subsection, will be closed as follows:

(A) from June 15 through June 25, the waters of the Anita Bay Terminal Harvest Area that are west of 132° 26.19' W. long., will be closed to the harvest of salmon;

(B) from June 26 through July 1, the waters of the Anita Bay Terminal Harvest Area that are west of 132° 26.98' W. long. will be closed to the harvest of salmon;

(C) from July 2 through July 10, the waters of the Anita Bay Terminal Harvest Area that are west of 132° 28.00' W. long. will be closed to the harvest of salmon;

(3) the waters within the Anita Bay Terminal Harvest not described in (1) and (2) of this subsection will be open for the entire fishing season.

(c) This management plan distributes the harvest of hatchery-produced king, coho, and chum salmon among the purse seine, troll, and gillnet fisheries when there are excess fish not being harvested by the hatchery operator.

(d) The department shall manage the Anita Bay Terminal Harvest Area from May 1 through November 10 to distribute the harvest of excess hatchery-produced king, coho, and chum salmon as follows:

(1) salmon may be taken by troll gear at any time;

(2) salmon may be taken by purse seines and drift gillnets only during periods established by emergency order;

(3) in establishing emergency order season openings for the purse seine and drift gillnet fisheries, the department shall rotate openings between these gear groups and shall provide for a time ratio for gillnet openings to seine openings of one to one.

(e) A drift gillnet operated in the terminal harvest area may not exceed 200 fathoms in length.

(f) Salmon may be taken in the terminal harvest area under sport and personal use fishing regulations at any time. A personal use permit issued under 5 AAC 77.682 for the Anita Bay Terminal Harvest Area shall include the following conditions:

(1) salmon may be taken for personal use only by drift gillnet;

(2) a drift gillnet operated for personal use may not exceed 50 fathoms in length;

(3) the annual bag and possession limit for personal use is 25 salmon.

History

Authority: AS 16.05.060; AS 16.05.251; AS 16.10.455
Eff. 6/28/97, Register 142; am 7/26/2003, Register 167; am 5/26/2006, Register 178; am 5/31/2009, Register 190; am 7/13/2012, Register 203; am 5/9/2015, Register 214; am 6/17/2018, Register 226; am 9/19/2019, Register 231; am 4/23/2021, Register 238; am 4/25/2021, Register 238; am 10/16/2022, Register 244

5 AAC 33.384 Lynn Canal and Chilkat River King Salmon Fishery Management Plan {#sec-5-aac-33.384 omnilex-key=us-ak-regs-official--title-5--5 AAC 33.384}

(a) The purpose of the management plan in this section is to provide for the biological spawning escapement requirements of king salmon to the Chilkat River. It is the intent of the Board of Fisheries (board) that Chilkat River king salmon be harvested in the fisheries that have historically harvested them. The board, through this management plan, recognizes that the commercial drift gillnet fishery in Chilkat Inlet, and the subsistence fisheries in Chilkat Inlet and the Chilkat River, are directed primarily toward sockeye salmon but incidentally catch king salmon. A secondary goal of this management plan is to provide a reasonable opportunity to harvest sockeye salmon in the Chilkat Inlet and Chilkat River subsistence fisheries while minimizing the incidental harvest of king salmon. This management plan provides the department guidelines to preclude allocation conflicts between the various user groups of this resource. The department shall manage the Chilkat River king salmon stocks in a conservative manner consistent with sustained yield principles.

(b) The subsistence net fisheries in Chilkat Inlet north of a line extending from an ADF&G regulatory marker located approximately one mile south of Anchorage Point to an ADF&G regulatory marker located directly north of the Letnikof Cove boat ramp are closed through July 15. The subsistence net fisheries in the Chilkat River, excluding that portion of the river from Haines Highway mile 19 upstream to Well's Bridge, are closed from the third week of June through the fourth week of July.

(c) The department shall manage the commercial and sport fisheries in Lynn Canal to achieve an inriver run goal of 1,850 - 3,600 king salmon in the Chilkat River upstream of the department fish wheels located approximately adjacent to Haines Highway mile 9. The inriver run goal includes the following:

(1) a biological escapement goal of 1,750 - 3,500 three ocean age and older king salmon to the Chilkat River; and

(2) the incidental harvest of king salmon in the Chilkat River subsistence sockeye fishery.

(d) The department will evaluate the inriver run of king salmon based on the following:

(1) primarily, a preseason projected run of Chilkat River king salmon to Lynn Canal; and

(2) secondarily, inseason fisheries performance and inriver stock assessment programs.

(e) The department shall manage the commercial drift gillnet and troll fisheries in Lynn Canal and the sport king salmon fishery in Chilkat Inlet, as follows:

(1) the commercial troll fishery in Chilkat Inlet north of an ADF&G regulatory marker immediately north of Ayiklutu Point is closed through July 14;

(2) if the projected inriver run of king salmon to the Chilkat River is less than 1,850 three ocean age and older fish, the commissioner shall, by emergency order,

(A) close the commercial drift gillnet fishery

(i) in Chilkat Inlet north of an ADF&G regulatory marker immediately north of Ayiklutu Point through the first two weeks of the season specified in 5 AAC 33.310(c);

(ii) in Chilkat Inlet north of Glacier Point during the third and fourth week of the season specified in 5 AAC 33.310(c);

(iii) in Chilkat Inlet north of Cannery Point during the fifth week of the season specified in 5 AAC 33.310(c); and

(B) close sport fishing for king salmon

(i) in Chilkat Inlet north of an ADF&G regulatory marker immediately north of Seduction Point through June 30;

(ii) in Chilkat Inlet north of a line extending from an ADF&G regulatory marker located approximately one mile south of Anchorage Point to an ADF&G regulatory marker directly north of the Letnikof Cove boat ramp, through July 15; and

(iii) in the remainder of Chilkat Inlet north of Ayiklutu Point, from July 1 through July 15;

(3) if the projected inriver run of king salmon to the Chilkat River is 1,850 - 3,600 fish, the commissioner shall, by emergency order,

(A) close the commercial drift gillnet fishery

(i) in Chilkat Inlet north of an ADF&G regulatory marker immediately north of Ayiklutu Point through the first two weeks of the season specified in 5 AAC 33.310(c);

(ii) in Chilkat Inlet north of Glacier Point during the third week of the season specified in 5 AAC 33.310(c);

(iii) in Chilkat Inlet north of Cannery Point during the fourth week of the season specified in 5 AAC 33.310(c); and

(B) close sport fishing for king salmon in Chilkat Inlet north of a line extending from an ADF&G regulatory marker located approximately one mile south of Anchorage Point to an ADF&G regulatory marker directly north of the Letnikof Cove boat ramp from April 15 through July 15;

(4) if the projected inriver run return of king salmon to the Chilkat River is greater than 3,600 fish,

(A) the commissioner shall, by emergency order, close the commercial drift gillnet fishery

(i) in Chilkat Inlet north of an ADF&G regulatory marker immediately north of Ayiklutu Point through the first week of the season specified in 5 AAC 33.310(c);

(ii) in Chilkat Inlet north of Glacier Point during the second week of the season specified in 5 AAC 33.310(c);

(iii) in Chilkat Inlet north of Cannery Point during the third week of the season specified in 5 AAC 33.310(c); and

(B) the commissioner shall, by emergency order, close sport fishing for king salmon in Chilkat Inlet north of a line extending from an ADF&G regulatory marker located approximately one mile south of Anchorage Point to an ADF&G regulatory marker directly north of the Letnikof Cove boat ramp from April 15 through July 15;

(C) the commissioner may, by emergency order, increase the bag and possession limits for king salmon in the waters of Chilkat Inlet north of Ayiklutu Point.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 7/26/2003, Register 167; am 11/10/2024, Register 252

5 AAC 33.385 Mist Cove Terminal Harvest Area Salmon Management Plan {#sec-5-aac-33.385 omnilex-key=us-ak-regs-official--title-5--5 AAC 33.385}

(a) The Mist Cove Terminal Harvest Area for coho salmon using troll gear is established adjacent to and exclusive of the Mist Cove Special Harvest Area specified in 5 AAC 40.042(a)(8). The Mist Cove Terminal Harvest Area consists of the waters that are outside of the Mist Cove Special Harvest Area and north of the latitude of 56° 28.00' N. lat., west of a line from 56° 28.00' N. lat., 134° 37.00' W. long., to Patterson Point Light at 56° 32.39' N. lat., 134° 38.27' W. long., to a point on the Baranof Island shore at 56° 32.52' N. lat., 134° 40.18' W. long., and east of the longitude of 134° 41.00' W. long., in Deep Cove.

(b) The commissioner shall open and close, by emergency order, fishing seasons and periods to manage the harvest of excess salmon returning to the Mist Cove Terminal Harvest Area.

(c) The Mist Cove Special Harvest Area consisting of all waters south and west of a line from 56° 31.72' N. lat., 134° 39.97' W. long., to 56° 31.17' N. lat., 134° 39.83' W. long., is closed to commercial fishing, other than hatchery cost recovery fishing, from 12:01 a.m. July 31 until 11:59 p.m. September 30, and the waters south of a line from ADF&G regulatory markers located at 56° 31.07' N. lat., 134° 40.20' W. long., to 56° 31.07' N. lat., 134° 40.12' W., long. are closed to commercial salmon fishing, other than hatchery cost recovery fishing.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 7/26/2003, Register 167; am 5/31/2009, Register 190; am 7/1/2015, Register 214; am 11/10/2024, Register 252

5 AAC 33.386 District 15: Boat Harbor Terminal Harvest Area Management Plan {#sec-5-aac-33.386 omnilex-key=us-ak-regs-official--title-5--5 AAC 33.386}

(a) This management plan provides for the harvest of hatchery-produced chum salmon in the Boat Harbor Terminal Harvest Area for the Southeastern Alaska drift gillnet fleet in Section 15-C. The Boat Harbor Terminal Harvest Area includes those waters within two nautical miles of the western shoreline of Lynn Canal from the latitude of Lance Point at 58° 43.95' N. lat. south to the latitude of a point located approximately 2.4 miles north of Point Whidbey at 58° 37.05' N. lat.

(b) The department will, in consultation with Douglas Island Pink and Chum, manage the waters of the Boat Harbor Terminal Harvest Area to harvest hatchery-produced chum salmon from the third Sunday in June through September 15, as follows:

(1) unless modified by an emergency order, fishing will be open continuously within the Boat Harbor Terminal Harvest Area in the waters of Boat Harbor west of 135° 09.57' W. long.;

(2) the remainder of the Boat Harbor Terminal Harvest Area will be managed by emergency order to provide access to hatchery-produced chum salmon after managing for the adequate escapement of wild salmon stocks.

(c) Notwithtanding 5 AAC 39.290(a)(2), fishing is allowed in the Boat Harbor Terminal Harvest Area within 500 yards of Boat Harbor Creek, stream number 115-10-10500 in the Catalog of Waters Important for Spawning, Rearing, or Migration of Anadromous Fishes, as revised as of March 2017, seaward of a line between the seaward extremities of the exposed tideland banks of Boat Harbor Creek, or as marked by ADF&G regulatory markers.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 5/31/2009, Register 190; am 6/17/2018, Register 226

5 AAC 33.387 District 9: Southeast Cove Terminal Harvest Area Management Plan {#sec-5-aac-33.387 omnilex-key=us-ak-regs-official--title-5--5 AAC 33.387}

(a) The purpose of the management plan in this section is to distribute the harvest of hatchery-produced salmon in the Southeast Cove Terminal Harvest Area.

(b) The Southeast Cove Terminal Harvest Area consists of the waters of Keku Strait enclosed by a line from a rocky point on the northern end of Kuiu Island located on the east side of Southeast Cove at 56° 52.92' N. lat., 134° 01.49' W. long., to the northern tip of Hound Island at 56° 53.12' N. lat., 133° 56.83' W. long., then northwest connecting points along the northern shore of Keku Islands at 56° 53.98' N. lat., 133° 57.69' W. long., to 56° 55.85' N. lat., 134° 01.00' W. long., to 56° 55.85' N. lat., 134° 02.21' W. long., to 56° 55.20' N. lat., 134° 02.66' W. long., then to the northwest comer of Payne Island at 56° 57.40' N. lat., 134° 08.82' W. long., then south to a point on Kuiu Island at 56° 55.02' N. lat., 134° 09.26' W. long.

(c) From the third Sunday in June through the first Saturday in August, the commissioner, in consultation with the hatchery operator may open and close, by emergency order, fishing seasons and periods to harvest hatchery-produced salmon returning to the Southeast Cove Terminal Harvest Area in excess of broodstock and cost recovery needs.

(d) The management plan allows for the harvest of hatchery-produced chum salmon by the purse seine, gillnet, and troll fisheries when there are excess fish not being harvested by the hatchery operator. The gear and rotations, if any, shall be determined by the commissioner, by emergency order, in consultation with the hatchery operator.

(e) Repealed 6/17/2018.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 7/13/2012, Register 203; am 7/1/2015, Register 214; am 6/17/2018, Register 226; am 11/10/2024, Register 252

5 AAC 33.388 District 3: Port Asumcion Terminal Harvest Area Salmon Management Plan {#sec-5-aac-33.388 omnilex-key=us-ak-regs-official--title-5--5 AAC 33.388}

(a) This management plan provides for the terminal area common property harvest of hatchery-produced chum and coho salmon in the Port Asumcion Terminal Harvest Area and distributes the harvest between the purse seine, gillnet, and troll fleets.

(b) The department, in consultation with the Southern Southeast Regional Aquaculture Association (SSRAA), shall manage the waters of Port Asumcion north and west of a line from Point Cosinas at 55° 21.80' N. lat., 133° 30.64' W. long., to a point west of Point Maria located at 55° 22.04' N. lat., 133° 30.26' W. long.

(d) Salmon may be taken by purse seine, gillnet, and troll gear from June 15 to October 30.

History

Authority: AS 16.05.060; AS 16.05.251; AS 16.10.455
Eff. 10/16/2022, Register 244

5 AAC 33.389 District 6: Burnett Inlet Terminal Harvest Area Salmon Management Plan {#sec-5-aac-33.389 omnilex-key=us-ak-regs-official--title-5--5 AAC 33.389}

(a) The Burnett Terminal Harvest Area Salmon Management Plan distributes the harvest of hatchery-produced chum salmon in the Burnett Inlet Terminal Harvest Area between the purse seine, troll, and drift gillnet fleets.

(b) The department, in consultation with the Southern Southeast Regional Aquaculture Association, shall manage the terminal harvest area from June 1 through November 10 for troll, purse seine, and drift gillnet gear to provide for the harvest of hatchery-produced chum salmon, unless closed earlier by emergency order.

(d) A drift gillnet operated in the terminal harvest area may not exceed 200 fathoms in length and a maximum mesh size of six inches.

History

Authority: AS 16.05.060; AS 16.05.251; AS 16.10.455
Eff. 6/27/2025, Register 254

5 AAC 33.390 Optimal escapement goal for sockeye salmon in Hugh Smith Lake in District 1 of the Southeastern Alaska Area {#sec-5-aac-33.390 omnilex-key=us-ak-regs-official--title-5--5 AAC 33.390}

The Board of Fisheries (board) recognizes the uncertainty in the stock assessment data used to develop the Hugh Smith Lake sockeye salmon biological escapement goal, the contribution of rehabilitation efforts in rebuilding the Hugh Smith Lake sockeye salmon stock, and the value and importance of commercial fisheries in southern Southeastern Alaska that incidentally harvest small numbers of Hugh Smith Lake sockeye salmon. The board hereby adopts an optimal escapement goal of 8,000 - 18,000 sockeye salmon for Hugh Smith Lake that includes spawning salmon of wild and hatchery origin.

History

Authority: AS 16.05.251
Eff. 7/26/2003, Register 167

5 AAC 33.392 Size limits and landing of king salmon {#sec-5-aac-33.392 omnilex-key=us-ak-regs-official--title-5--5 AAC 33.392}

(a) Unless otherwise specified, king salmon taken and retained must measure at least 28 inches from tip of snout to tip of tail (in its natural open position) or 23 inches from the midpoint of the cleithral arch to the tip of the tail. Undersized king salmon which are taken must be returned to the water without injury.

(b) A CFEC purse seine salmon permit holder may take but may not sell king salmon less than the minimum legal size requirement specified in (a) of this section. King salmon taken in the purse seine fishery that are less than the minimum legal size requirement will not be counted against the king harvest quota.

(d) The heads of all adipose-fin-clipped king salmon must remain attached to the fish until sold.

(e) Repealed 10/1/98.

(f) Repealed 10/1/98.

(g) Notwithstanding (a) of this section, if the department determines that it is necessary for the conservation of king salmon or to meet obligations of the Pacific Salmon Treaty, the commissioner may, by emergency order, close the purse seine salmon fishery and immediately reopen the fishery during which king salmon equal to or greater in length than the requirements set forth in (a) of this section that are taken incidentally in the purse seine salmon fishery must also be returned to the water unharmed;

(h) A person may not mutilate or otherwise disfigure king salmon in any manner that prevents determining the size requirements set out in this section.

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 33.393 Landing of coho salmon {#sec-5-aac-33.393 omnilex-key=us-ak-regs-official--title-5--5 AAC 33.393}

The heads of all adipose-fin-clipped coho salmon must remain attached to the fish until sold.

History

Authority: AS 16.05.251

5 AAC 33.394 Landing of steelhead {#sec-5-aac-33.394 omnilex-key=us-ak-regs-official--title-5--5 AAC 33.394}

(a) In a purse seine fishery, a CFEC purse seine salmon permit holder may take but may not sell steelhead trout.

(b) In a drift gillnet fishery, a CFEC gillnet salmon permit holder may take but may not sell steelhead.

History

Authority: AS 16.05.251
Eff. 4/23/94, Register 130; am 6/28/97, Register 142

5 AAC 33.395 Reporting requirements {#sec-5-aac-33.395 omnilex-key=us-ak-regs-official--title-5--5 AAC 33.395}

Repealed.

History

Eff. 5/26/2006, Register 178; repealed 7/13/2012, Register 203

5 AAC 33.398 Use of aircraft unlawful {#sec-5-aac-33.398 omnilex-key=us-ak-regs-official--title-5--5 AAC 33.398}

In the Southeastern Alaska Area,

(a) during an open commercial salmon fishing period, a person may not use an unmanned aircraft to locate salmon for the commercial taking of salmon or to direct commercial salmon fishing operations;

(b) during an open commercial purse seine fishing period for an area other than a terminal harvest area, a person may not use an aircraft to locate salmon for the commercial taking of salmon or to direct commercial salmon fishing operations one hour before, during, and one hour after an open commercial purse seine fishing period.

History

Authority: AS 16.05.251
Eff. 7/1/2015, Register 214; am 6/17/2018, Register 226

Article 4 (Repealed)

Repealed.

5 AAC 33.520 Southeastern Alaska Area Eulachon Smelt Management Plan {#sec-5-aac-33.520 omnilex-key=us-ak-regs-official--title-5--5 AAC 33.520}

(a) Eulachon smelt (thaleichthys pacificus) may be taken in the Southeastern Alaska Area only by a CFEC permit holder. Before taking eulachon smelt, a CFEC permit holder must register with the department no later than March 1 of each calendar year.

(b) Eulachon smelt may be taken only from 12:01 a.m. March 2 through 11:59 p.m. May 15.

(1) Unuk River and Klahini River: north of 56° 02' N. lat.;

(2) Chickamin River: east of a line from Fish Point to Trap Point;

(3) Stikine River: inside of a line from Babbler Point to Hour Point along the shore of Wrangell Island to Point Highfield to the southern end of Liesnoi Island to the southern end of Greys Island to the small island near the eastern entrance of Blind Slough to the nearest point of Mitkof Island to the prominent point of Mitkof Island nearest Coney Island to the northern end of Coney Island to a point 500 yards north of Japanese Creek on the mainland shore;

(4) Bradfield Canal: east of the longitude of Duck Point.

(d) Eulachon smelt may only be taken by beach seine, purse seine, hand purse seine, dip net, or cast net.

(e) The maximum harvest level for each area described in (f) of this section will be divided equally among permit holders.

(f) The maximum harvest levels for the taking of eulachon smelt in the Southeastern Alaska Area are as follows:

(1) Unuk, Klahini, and Chickamin Rivers combined: 25,000 pounds;

(2) Bradfield Canal: 5,000 pounds;

(3) Stikine River: 5,000 pounds.

(g) A permit holder who sells eulachon smelt from the permit holder's vessel or processes the permit holder's own catch, or a processor who sends unprocessed catch out of the state, must comply with the permit and reporting requirements of 5 AAC 39.130.

History

Authority: AS 16.05.251
Eff. 7/21/99, Register 151; am 6/14/2000, Register 154; am 3/11/2001, Register 157; am 9/24/2021, Register 239

Article 6 (Repealed)

Repealed 10/12/74.

5 AAC 33.730 Gear {#sec-5-aac-33.730 omnilex-key=us-ak-regs-official--title-5--5 AAC 33.730}

Repealed 10/12/74.

5 AAC 33.781 Abalone fishing permits {#sec-5-aac-33.781 omnilex-key=us-ak-regs-official--title-5--5 AAC 33.781}

Repealed 10/12/74.

5 AAC 33.792 Size limits {#sec-5-aac-33.792 omnilex-key=us-ak-regs-official--title-5--5 AAC 33.792}

Repealed 6/15/74.

Chapter 34 King Crab Fishery

Article 1 Registration Areas

5 AAC 34.001 Application of this chapter {#sec-5-aac-34.001 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.001}

Requirements set out in this chapter apply only to commercial fishing for king crab, unless otherwise specified. Subsistence, personal use, and sport fishing regulations affecting commercial king crab vessels or affecting any other commercial king crab fishing activity are set out in the subsistence fishing regulations in 5 AAC 02, personal use fishing regulations in 5 AAC 77, and sport fishing regulations in 5 AAC 47 - 5 AAC 75.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 34.005 Registration areas established {#sec-5-aac-34.005 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.005}

(a) The following are king crab registration areas and their code letters:

Code Letter

A - Southeastern Alaska Area (5 AAC 34.100)

D - Yakutat Area (5 AAC 34.160)

E - Prince William Sound Area (5 AAC 34.200)

H - Cook Inlet Area (5 AAC 34.300)

K - Kodiak Area (5 AAC 34.400)

M - Alaska Peninsula Area (5 AAC 34.500)

O - Aleutian Islands Area (5 AAC 34.600)

T - Bristol Bay Area (5 AAC 34.800)

Q - Bering Sea Area (5 AAC 34.900)

(b) Each registration area identified in (a) of this section shall be designated as one of the following:

(1) superexclusive registration area: a king crab vessel that has been validly registered to take king crab in a king crab superexclusive registration area may not be used to take the same species of king crab in any other king crab registration area during the same registration year;

(2) exclusive registration area: unless otherwise provided in this chapter, a king crab vessel that has been validly registered to take king crab in a king crab exclusive registration area may not be used to take the same species of king crab in any king crab superexclusive registration area or in any other king crab exclusive registration area during the same registration year;

(3) nonexclusive registration area: during the same registration year, a king crab vessel may be registered to take the same species of king crab in one or more of the king crab nonexclusive registration areas and registered to take the species of king crab for one king crab exclusive registration area, but may not be used to take the same species of king crab in any king crab superexclusive registration area or in more than one king crab exclusive registration area.

History

Authority: AS 16.05.251

5 AAC 34.010 Application of regulations {#sec-5-aac-34.010 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.010}

(a) Unless otherwise specified in this chapter, the regulations in this chapter applicable to a king crab registration area also apply to the adjacent waters of the exclusive economic zone.

(b) The commissioner may suspend the application of this section to all or a portion of the waters of the exclusive economic zone adjacent to a king crab registration area if the commissioner finds that

(1) application of this section fails to facilitate enforcement of regulations applicable to a registration area;

(2) application of this section fails to protect or conserve king crab inhabiting territorial waters of Alaska; or

(3) the state has an insufficient interest in the king crab inhabiting the waters of the exclusive economic zone to warrant extension of the jurisdiction of the state to the exclusive economic zone.

(c) For the purposes of this chapter, "exclusive economic zone" means all the waters adjacent to a king crab registration area and seaward to a boundary line drawn in such a manner that each point on the line is 200 nautical miles from the baseline from which the territorial sea is measured.

History

Authority: AS 16.05.251; AS 16.10.190

5 AAC 34.020 King crab area registration {#sec-5-aac-34.020 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.020}

(a) In addition to the requirements of 5 AAC 39.120 and unless otherwise specified in this chapter, the vessel owner, or the owner's agent, shall validly register a king crab vessel for a king crab registration area before using that vessel to take king crab in that registration area and the exclusive economic zone adjacent to the registration area.

(b) The king crab vessel registration year is June 28 - June 27.

(c) The department shall issue a registration certificate to a king crab vessel if the vessel owner, or the owner's agent, completes a registration form available from the local representative of the department, and if the vessel is licensed and otherwise in compliance with AS 16 and this title. The vessel owner, or the owner's agent, shall sign the registration certificate when it is issued and shall keep it on board the vessel and immediately available at all times during fishing operations. The registration certificate must be shown upon request to any peace officer of the state.

(d) In a king crab registration area, district, or section where tank inspections are required, a vessel registration is not valid until the vessel has had a tank inspection. A tank inspection is not complete unless, at the time of inspection, there is on board the vessel the holder of a valid CFEC interim use or limited entry permit, with the permit in possession, for the registration area or district and the king crab species for which the vessel is registered. Successful completion of the inspection validates the vessel's registration for a registration area. If an inspection is not required in a registration area, compliance with (c) of this section validates the registration.

(e) A vessel shall be issued an inspection certificate upon successful completion of an inspection required by this chapter or 5 AAC 34.030. An inspection is not complete unless a current registration certificate for the king crab registration area is shown to the local representative of the department conducting the inspection. The vessel owner, or the owner's agent, shall sign the inspection certificate and shall keep it on the vessel and available at all times during fishing operations. The inspection certificate must be shown upon request to any peace officer of the state.

(f) The department may invalidate a vessel registration to permit the vessel to be used to take crab in other king crab registration areas, except that once a vessel has been inspected for a superexclusive or exclusive registration area, the department may not invalidate a vessel registration in order to permit the vessel to be used to take king crab in another superexclusive or exclusive registration area.

(g) Unless otherwise specified in this title, a vessel validly registered to take king crab in a king crab registration area may not be used to take any other species of crab in any other king crab registration area at the same time. A vessel may not be validly registered for more than one king crab registration area at a time.

(h) A vessel owner, or the owner's agent, may register to take one or more species of king crab within a king crab registration area. A vessel registered for a specific species of king crab in a king crab registration area shall comply with all of the registration requirements in this section for that registration area.

(i) The owner, or the owner's agent, of a vessel landing king crab in a registration area other than the area in which the vessel is validly registered at the time under this section shall attach the inspection certificate issued under (c) of this section to the back of the department copy of the fish ticket at the time the king crab are landed.

(j) The commissioner may authorize late registration of a replacement king crab vessel in the event of the loss of a vessel registered for a specific king crab registration area. A replacement vessel authorized to register late shall be registered only for the king crab registration area in which the lost vessel was registered. In order to be authorized to register a replacement vessel under this subsection, the vessel owner, or the owner's agent, shall submit written documentation verifying the loss of the vessel. For purposes of this subsection, "loss of a vessel" means that due to sinking or destruction the vessel is incapable of being used to take king crab during the king crab season in the registration area for which the vessel is registered.

(k) Unless otherwise specified in this chapter, a king crab vessel registration is invalid 24 hours following the closure of the season for that king crab registration area.

(l) If a deadline for vessel registration for a king crab fishery falls on a Saturday, Sunday, or state holiday, the registration deadline is extended to 5:00 p.m. the next state working day.

History

Authority: AS 16.05.251

5 AAC 34.030 Inspection requirements {#sec-5-aac-34.030 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.030}

(a) Unless otherwise specified in this chapter and (b) of this section, within 24 hours before a season opening or at any time during the open season before taking or processing king crab, a king crab vessel registered for a registration area must have its holds or live tanks inspected by a local representative of the department at inspection points specified in this chapter. Unless otherwise specified in this chapter, king crab may not be on board the vessel at the time of inspection. Successful completion of the inspection validates the vessel's registration for the registration area. During the period 24 hours before the season opening in a registration area until the season closure in that area, the inspection requirements of this section do not apply to a registered king crab vessel that does not have a saltwater circulation system in its holds or live tanks. If an inspection is not required, completion of the registration form validates the registration.

(b) By announcement, the commissioner may require vessel inspection for a registration area that is exempt from the requirements of this section.

History

Authority: AS 16.05.251

5 AAC 34.031 Landing requirements {#sec-5-aac-34.031 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.031}

(a) Except as provided in (b) of this section, a king crab vessel must land all king crab in the registration area for which it is validly registered at the time of the landing.

(b) The owner, or the owner's agent, of a king crab vessel validly registered for a registration area that intends to land king crab in another registration area shall contact by radio or telephone a local representative of the department for authorization before leaving the registration area for which that vessel is registered and shall submit to an inspection at a location specified by the representative. The vessel owner, or the owner's agent, shall contact the representative located in the registration area for which that vessel is validly registered at the time of the contact. A vessel landing king crab under an authorization granted under this subsection may not, at the time of landing its catch, have more king crab on board than were present at the time of the inspection. If the local representative of the department does not require an inspection under this subsection, the vessel owner, or the owner's agent, making radio or telephone contact shall state to the representative the amount of king crab on board at the time of the contact. A vessel authorized to land king crab in another registration area without an inspection may not land 10 percent more or less king crab than the amount stated at the time of the contact with the representative.

(c) When a king crab vessel lands king crab in another registration area under an authorization granted under (b) of this section, the registration under which the vessel is operating becomes invalid. In order to again become validly registered for an area, the vessel must comply with 5 AAC 34.030 or the inspection requirements for a specific registration area otherwise specified in this chapter.

(d) The commissioner may suspend any or all of the requirements of (b) and (c) of this section for a specific registration area if the commissioner determines that to do so would be in the public interest.

(e) Unless otherwise specified in this chapter, after 24 hours following the closure of any registration area for specified species of king crab, a king crab vessel registered for that area may not have that species of king crab on board in waters subject to the jurisdiction of the state unless

(1) the vessel is otherwise in compliance with 5 AAC 34.020 and 5 AAC 34.030;

(2) except in Registration Areas O, T, and Q, the vessel owner, or the owner's agent, has contacted, in person or by radio or telephone, a local representative of the department at a landing port or inspection point specified in this chapter or by the department, and the representative has authorized the extended possession of king crab; contact with the representative must be made within the 24-hour period following the season closure for that species of king crab in the registration area;

(3) the vessel owner, or the owner's agent, who catches and processes king crab has complied with the pot storage requirements in 5 AAC 34.052(a)(1), the landing requirements specified in this subsection or for a specific registration area otherwise specified in this chapter, and has contacted a local representative of the department within the times specified in this subsection or for a specific registration area otherwise specified in this chapter, and the representative has authorized extended possession of king crab for purposes of processing or transportation;

(4) if the king crab are processed, no more than 90 days have passed since the closure of the registration area, and the vessel is carrying a department approved onboard observer for the entire period; during the 90-day period the department may waive the requirement of 5 AAC 34.030 prohibiting the presence of king crab on board a vessel during tank inspection.

(f) The owner, or the owner's agent, of a king crab vessel that has sunk or upon which the death of a crewmember has occurred that prevents timely removal or storage of gear at the time of closure, as specified in 5 AAC 34.052, may apply to the commissioner for a permit to sell legal size male king crab taken when the pots are retrieved by the owner, or the owner's agent, after the king crab season is closed in the registration area. The application must be made within 14 days after the sinking of the vessel or death of a crewmember as described in this subsection. A fish ticket for any delivery made under this subsection must attribute the harvest of the king crab to the lost vessel or the vessel upon which the death of a crewmember has occurred.

(g) A catcher-processor vessel carrying processed king crab out of state waters that had 100 percent onboard observer coverage during the fishing season, is not required to carry an onboard observer while transiting out of state waters if

(1) the vessel departs to the port where it will off-load its king crab within 21 days after departing the registration area;

(2) the vessel owner, or the owner's agent, gives a check out/check in report by notifying the department at least 24 hours in advance of the vessel's departure time and of its estimated time of arrival at the port where the vessel will off-load king crab;

(3) the vessel has a pre-transit inspection by the department before departing;

(4) the vessel proceeds immediately and directly to the port where it will off-load king crab;

(5) the vessel owner, or the owner's agent, notifies the department upon arrival at the port where the vessel will off-load king crab;

(6) the vessel owner, or the owner's agent, complies with any department request for copies of off-load shipping documents; and

(7) the vessel owner, or the owner's agent, cooperates with a department request for an independent third party verification of an off-loading under this section.

History

Authority: AS 16.05.251
Eff. 9/1/96, Register 139; am 12/26/97, Register 144; am 7/21/99, Register 151; em am 10/22/2001 - 2/18/2002, Register 160; am 8/24/2002, Register 163; am 8/14/2005, Register 175; am 8/28/2005, Register 175

5 AAC 34.033 Tenders for king crab {#sec-5-aac-34.033 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.033}

(a) A vessel used to tender king crab for a vessel validly registered to take king crab may not have king crab gear or equipment on board the tendering vessel and may not use that vessel to take king crab.

(b) Before engaging in any tendering operation, the operator of a tendering vessel shall register that vessel with a local representative of the department within the king crab registration area, district, or section in which the operator intends to operate that vessel.

(c) Before leaving a king crab registration area, district, or section for which it is registered, the operator of a tendering vessel shall contact in person, or by radio or telephone, a local representative of the department in the registration area where the vessel is operating. At the time of the contact with the representative, the tendering vessel operator shall state the number of king crab on board the vessel and the vessel's unloading destination. To comply with the requirements of this subsection, the operator of a tendering vessel in Registration Area O, Q, or T must contact a local representative of the department in Dutch Harbor.

History

Authority: AS 16.05.251

5 AAC 34.035 Closure of king crab registration areas and appeal procedure {#sec-5-aac-34.035 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.035}

Within five days following the closure of a king crab registration area or portion of a registration area, the holder of a valid CFEC interim use or limited entry permit, or the vessel owner, or the owner's agent, of a king crab vessel that was validly registered for that area, may formally request, in writing, that the commissioner reopen the area. The commissioner shall consider all relevant information concerning the condition of king crab stocks within the closed registration area. Within 14 days after the receipt of the request, the commissioner shall publicly announce a decision to retain the closure or reopen the registration area or portion of the registration area by emergency order.

History

Authority: AS 16.05.251

5 AAC 34.040 Partial closure of registration areas {#sec-5-aac-34.040 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.040}

(a) Pursuant to the procedures set out in 5 AAC 34.035, the commissioner may close a registration area for certain species of king crab.

(b) Unless otherwise specified in 5 AAC 34, after 24 hours following the closure of any registration area for specified species of king crab, no vessel registered for that area may have that species of king crab on board in waters subject to jurisdiction of the state unless the

(1) vessel is validly registered for another registration area and the area is open for that species of king crab;

(2) vessel is otherwise in compliance with 5 AAC 34.020 and 5 AAC 34.030;

(3) vessel operator has contacted, in person or by radio, a local representative of the department at a landing port or inspection point specified in 5 AAC 34 or by the department, and the representative has authorized the extended possession of crab; contact must be made within the 24-hour period following the season closure for that species of king crab in the registration area, or any district in Area Q.

(d) Unless otherwise stated, all references in this chapter to closures of registration areas shall not be deemed applicable to partial closures.

History

Authority: AS 16.05.251

5 AAC 34.045 Discretionary openings {#sec-5-aac-34.045 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.045}

In areas where the commissioner is authorized to open the season by emergency order, the commissioner may delay the opening beyond the earliest date specified in the regulations if he finds that such delay would affect preservation of the public peace, health, safety, or general welfare.

History

Authority: AS 16.05.020; AS 16.05.060; AS 16.05.251

Article 2 General Provisions

5 AAC 34.050 Lawful gear for king crab {#sec-5-aac-34.050 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.050}

Unless otherwise specified in this chapter,

(1) king crab may be taken only with king crab pots; king crab taken by other means must be returned to the water without further harm;

(2) a king crab pot is a pot that is no more than 10 feet long by 10 feet wide by 42 inches high with rigid tunnel eye openings that individually are no less than five inches (13 cm) in any one dimension with tunnel eye opening perimeters that individually are more than 36 inches (91.4 cm) or a pot that is no more than 10 feet long by 10 feet wide by 42 inches high and that tapers inward from its base to a top consisting of one horizontal opening of any size;

(3) during the open season for king crab, all shellfish pots, other than those described as Dungeness crab, Tanner crab, or shrimp pots, must conform to the specifications in (2) of this section.

History

Authority: AS 16.05.251

5 AAC 34.051 King crab gear marking requirements {#sec-5-aac-34.051 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.051}

(a) At least one buoy on each king crab pot or ring net must be legibly marked with the permanent ADF&G vessel license plate number of the king crab vessel operating the gear. The buoy must bear only the number of the vessel used in operating the gear. The number shall be painted on the top one-third of the buoy in numerals at least four inches high, one-half inch wide, and in a color contrasting to that of the buoy. The buoy markings must be visible on the buoy above the water surface when the buoy is attached to the crab pot.

(b) In registration areas where a king crab pot limit is in effect, each king crab pot must have one identification tag issued by the department placed on the main buoy or on the trailer buoy if more than one buoy is attached to the pot.

(c) Identification tags are issued before each fishing season, are uniquely numbered for each registration year, and will be issued at the time of vessel registration for that vessel only. The vessel owner, or the owner's agent, shall apply for identification tags at a department office designated to issue the tags. Replacement of tags lost during the season is permitted if the vessel operator submits a sworn statement or affidavit describing how the tags were lost and listing the numbers of the lost tags. Tags shall be renewed annually before each fishing season.

History

Authority: AS 16.05.251; AS 16.05.632
Eff. 9/1/96, Register 139; am 11/6/96, Register 140

5 AAC 34.052 King crab gear storage requirements {#sec-5-aac-34.052 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.052}

(a) Unless otherwise specified in this chapter, during the closed season for king crab in a registration area, king crab pots must be removed from the water, except rectangular king crab pots with all bait and bait containers removed and all doors secured fully open, and cone or pyramid king crab pots with all bait and bait containers removed and all doors not secured closed, may be stored in waters

(1) of 25 fathoms or less in depth; or

(2) deeper than 25 fathoms for only

(A) seven days following the season closure for king crab in a registration area; or

(B) 72 hours following the closure of any district, portion of a district, or portion of the registration area.

(b) Unless otherwise specified in this chapter, king crab pots with all doors secured fully open and with all bait containers removed may be stored in water deeper than the maximum permissible depth if the vessel owner, or the owner's agent, has contacted, in person or by radio or telephone, the local representative of the department at a landing port or inspection point specified in this chapter or by the department, and has been granted an extension of time to remove and store pots due to a major vessel breakdown or extreme weather conditions.

(c) A pot stored under this section may not have any portion of the line attaching the pot to a buoy or buoys floating on the surface of the water at any time, except for that portion of the line connecting the main buoy to an auxiliary buoy or buoys.

(d) The provisions of this section may be modified by regulations in effect for other specified registration areas.

History

Authority: AS 16.05.251
Eff. 9/1/96, Register 139

5 AAC 34.053 Operation of other pot gear {#sec-5-aac-34.053 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.053}

Unless otherwise specified in 5 AAC 31 - 5 AAC 38,

(1) a person or vessel that operates commercial, subsistence, personal use, or sport pots, during the 14 days immediately before the opening of a commercial king crab season in a king crab registration area, may not participate in the commercial king crab fishery in the king crab registration area or, with respect to Registration Area Q, in that district or section of Registration Area Q, where the fishing with pots occurred, except that a person or vessel is not disqualified from the commercial king crab fishery by placing king crab pots with bait and bait containers removed and with the doors secured open in waters that are 25 fathoms or less in depth or as otherwise specified in 5 AAC 34; a person or vessel that participates in a commercial king crab fishery in a king crab registration area or, with respect to Registration Area Q, in that district or section of Registration Area Q where the fishing with pots occurred, may not operate commercial, subsistence, sport, or personal use pots in that registration area during the 14 days after the close of the commercial king crab season; a vessel or person may operate commercial, subsistence, sport, or personal use pots in a king crab registration area after putting king crab pots in storage, as specified in 5 AAC 34.052, and, unless the registration is already invalidated under 5 AAC 34.020(k), after invalidating the vessel's king crab registration by contacting, in person, a local representative of the department;

(2) during a commercial king crab fishery, a person or vessel validly registered for that fishery may not operate commercial, subsistence, sport, or personal use pots other than commercial king crab pots, except that a person or vessel may stop participating in the commercial king crab fishery and instead operate commercial pots other than king crab pots if

(A) the king crab pots are put in storage as specified in 5 AAC 34.052; and

(B) the vessel owner, or the owner's agent, contacts a representative of the department, in person, and requests that the king crab registration be invalidated.

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 11/6/96, Register 140; am 12/26/97, Register 144; am 9/30/99, Register 151; am 8/24/2002, Register 163

5 AAC 34.055 Permits for processing vessels {#sec-5-aac-34.055 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.055}

The owner or operator of a vessel used in the processing of king crab must obtain a permit from the department before starting processing operations. The permit must contain the following requirements:

(1) reporting of vessel location to the department;

(2) reporting of harvesting or processing operations to the department;

(3) reporting of unloading and transport operations to the department;

(4) permission for local representatives of the department to inspect, at any time, the vessel's holds, live tanks, freezers, processing areas, and processed and unprocessed king crab; and

(5) reporting of any other information required by the department for the conservation and development of king crab resources.

History

Authority: AS 16.05.251; AS 16.05.685
Eff. 7/25/82, Register 83; am 6/30/83, Register 86

5 AAC 34.057 Postseason king crab pot recovery permit {#sec-5-aac-34.057 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.057}

(a) The department may issue, under the provisions of this section, a permit for Registration Area O, Q, or T to a person or vessel to recover

(1) lost king crab pot gear belonging to another vessel or person; or

(2) king crab pot gear for a vessel that has experienced a major mechanical breakdown.

(b) The permit issued under this section may specify

(1) requirements for a vessel area check-in and check-out procedure to be used by the vessel or person;

(2) requirements for the vessel or person to notify the department by radio, telephone, or telex, at the beginning and the completion of the pot gear recovery operations;

(3) requirements for vessel tank inspections before, and at the conclusion of, the pot gear recovery operations at locations specified by the department;

(4) other necessary conditions as determined by the department.

(c) Before receiving a permit under this section to recover king crab pot gear belonging to another vessel or person, the permit applicant must furnish to the department written authorization for the requested pot gear recovery from the owner of the lost gear or the owner or operator of the vessel experiencing a major mechanical breakdown. If the recovery permit is being issued to recover lost pot gear, the authorization must contain the last known location of the king crab pots and specific identification markings. If the recovery permit is being issued due to a major mechanical breakdown of a vessel, the authorization must include the exact location of the king crab pots and specific identification markings and a written explanation by a qualified repair facility detailing the extent of the damage and estimated time for repairs.

(d) Pot gear recovery operations under this section may only be performed during a closed season and may not be conducted by or for any vessel or person that, at the time of pot gear recovery operations, is registered for any pot fishery in Registration Areas O, Q, or T.

(e) All crab remaining in any pot gear recovered under this section must be immediately returned to the sea without further harm.

History

Authority: AS 16.05.251
Eff. 8/8/99, Register 151

5 AAC 34.060 Size limit for king crab {#sec-5-aac-34.060 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.060}

(a) Male king crab seven inches (178 mm) or greater in width of shell may be taken or possessed, unless otherwise provided in 5 AAC 34.

(b) Width measurement of king crab shall be the straight-line distance across the carapace at a right angle to a line midway between the eyes to the midpoint of the posterior portion of the carapace and shall include the spines.

History

Authority: AS 16.05.251(a)

5 AAC 34.065 Female and undersize king crab {#sec-5-aac-34.065 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.065}

Male king crab less than minimum size and female king crab may not be taken or possessed. Such king crab which have been taken must be immediately returned unharmed to the sea.

History

Authority: AS 16.05.251(a)

5 AAC 34.070 Registration and inspection documents {#sec-5-aac-34.070 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.070}

Repealed.

5 AAC 34.075 Reporting of king crab catches lost or not purchased {#sec-5-aac-34.075 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.075}

(a) Each king crab fisherman shall indicate on the fish ticket at the time of landing any king crab harvested which are not purchased by the processor or buyer, or which have been dumped at sea.

(b) Each buyer of king crab shall indicate on the fish ticket any king crab which was not purchased from a load.

History

Authority: AS 16.05.251(a)

5 AAC 34.080 Harvest strategy {#sec-5-aac-34.080 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.080}

The department shall establish an annual harvest strategy for each king crab stock which is consistent with the board's policy statement on king crab resource management, 90-04-FB, March 23, 1990, hereby adopted by reference. If adequate data are available, the department shall establish a threshold level of abundance and shall close the fishery during the entire fishing season on any stock that is below its threshold level of abundance. Data used to determine guideline harvest levels and, if appropriate, exploitation rates, may include estimates of exploitable biomass, estimates of recruitment, estimates of threshold, estimates of accepted biological catch, historical fishery performance data, estimates of reproductive potential, and market or other economic considerations. The department may not change current harvest strategies without review by the board, except for those changes already permitted by 5 AAC 34.035.

History

Authority: AS 16.05.251
Eff. 6/30/83, Register 86; am 7/23/88, Register 107; am 9/19/90, Register 115

5 AAC 34.081 Definition of "rigid" as applied to tunnel eye openings {#sec-5-aac-34.081 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.081}

In this chapter, "rigid," as applied to king crab pot tunnel eye openings, means that after placing 20 pounds of pressure, in any direction, anywhere around the perimeter of the tunnel eye opening, the opening is no larger than a maximum dimension allowed under this chapter.

History

Authority: AS 16.05.251
Eff. 11/6/96, Register 140

Article 3 Conditions for License and Permits

5 AAC 34.082 Permits for Lithodes couesi king crab {#sec-5-aac-34.082 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.082}

(a) Male king crab of the species Lithodes couesi may be taken in Registration Areas K, M, O, Q, and T only under the conditions of a permit issued by the commissioner.

(b) Lithodes couesi may be taken only with pots as follows:

(1) in Registration Areas K and M,

(A) pots may be longlined;

(B) no more than 150 large pots or 300 small pots may be operated from a vessel, except that in Registration Area K no more than 75 large pots or 150 small pots may be operated from a vessel;

(C) for purposes of this paragraph, a small pot is a pot that is no more than 20 feet in perimeter and no more than 42 inches high, and a large pot is a pot that is more than 20 feet in perimeter and no more than 42 inches high;

(2) in Registration Areas O, Q, and T, pots may be longlined only in locations where the longlining of pots is permitted for golden king crab.

(c) Fishing operations are restricted to waters 200 fathoms or greater in depth, unless the fishery for golden king crab in that location is closed and an alternate depth is specified in the permit.

(d) The permit required in (a) of this section

(1) may, notwithstanding (c) of this section, restrict the depth of fishing operations;

(2) may specify season dates; the season may be closed during periods before and after shellfish fisheries;

(3) may specify areas of fishing operations by registration area or by district;

(4) may establish minimum size limits;

(5) may require an onboard observer during all operations;

(6) may require a logbook report of operations; and

(7) may, notwithstanding (b) of this section, specify the type, size, and configuration of pots; pots must include an escape mechanism designed to allow female and undersize male crab to exit the pot during fishing operations.

(e) Participation in exclusive or superexclusive king crab fisheries does not exclude a vessel or permit holder from participation in this permit fishery in any area during periods when other king crab fisheries in that area are closed.

(f) Except as provided in (b) of this section, the pot limits specified in the registration areas described in 5 AAC 34 for king crab do not apply to Lithodes couesi king crab.

History

Authority: AS 16.05.251
Eff. 7/23/88, Register 107; am 6/15/95, Register 134; am 8/14/96, Register 139; am 8/14/2005, Register 175

5 AAC 34.085 Agreements for use privilege {#sec-5-aac-34.085 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.085}

Repealed.

Article 4 (Repealed)

Registration Area A has as its southern boundary the International Boundary at Dixon Entrance, and as its northern boundary a line extending seaward from the western tip of Cape Fairweather at 58° 47.89' N. lat., 137° 56.68' W. long. to the intersection with the seaward limit of the exclusive economic zone at 56° 07.31' N. lat., 141° 44.74' W. long.

History

Authority: AS 16.05.251

5 AAC 34.105 Description of Registration Area A districts {#sec-5-aac-34.105 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.105}

Registration Area A districts are described in 5 AAC 33.200.

History

Authority: AS 16.05.251

5 AAC 34.107 Description of golden king crab fishing areas within Registration Area A {#sec-5-aac-34.107 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.107}

(a) Upper Northern Area: all waters of Section 11-A, the waters of District 12 north of East Point at 57° 48.34' N. lat., 134° 57.01' W. long., to 57° 48.34' N. lat., 134° 48.65' W. long., and west of a line from 57° 48.34' N. lat., 134° 48.65' W. long., and north of a line at 57° 55.70' N. lat., 134° 49.54' W. long., and all waters of District 15;

(b) Lower Northern Area: all waters of Section 13-C and the waters of Section 13-A in Peril Strait east of Point Kakul at 57° 21.83' N. lat., 135° 41.42' W. long., and the waters of Districts 12 south of East Point at 57° 48.34' N. lat., 134° 57.01' W. long., to 57° 48.34' N. lat., 134° 48.65' W. long., and east of a line from 57° 48.34' N. lat., 134° 48.65' W. long., and north of a line at 57° 55.70' N. lat., 134° 49.54' W. long.

(d) North Stephens Passage Area: all waters of Sections 11-B and 11-C.

(e) East Central Area: all waters of Section 11-D, District 10, and District 9 east of a line from Kingsmill Point at 56° 50.00' N. lat., 134° 25.17' W. long., to Point Gardner at 57° 01.00' N. lat., 134° 37.00' W. long., all waters of District 8 north of the latitude of Blaquiere Point at 56° 35.00' N. lat., all waters of Section 6-A, and all waters of District 5 north of the latitude of Point Baker at 56° 21.53' N. lat.

(f) Mid-Chatham Strait Area: all waters of District 9 north of the latitude of Point Ellis at 56° 33.67' N. lat. and west of a line from Kingsmill Point to Point Gardner.

(g) Lower Chatham Strait Area: all waters of District 5 south of the latitude of Point Baker at 56° 21.53' N. lat., all waters of District 9 south of the latitude of Point Ellis at 56° 33.67' N. lat., and that portion of District 13-B south of the latitude of Redfish Cape at 56° 18.67' N. lat.

(h) Southern Area: all waters of District 1, District 2, and Section 3-A, all waters of District 6 south of a line from Point Colpoys at 56° 20.18' N. lat., 133° 11.90' W. long., to Macnamara Point at 56° 20.18' N. lat., 133° 03.54' W. long., and all waters of District 7 south of the latitude of Point Warde at 56° 10.43' N. lat.

History

Authority: AS 16.05.251
Eff. 7/23/88, Register 107; am 9/19/90, Register 115; am 6/24/93 Register 126; am 3/11/2001, Register 157; am 8/14/2005, Register 175; am 9/25/2022, Register 243; am 6/27/2025, Register 254

5 AAC 34.108 Description of blue king crab fishing areas within Registration Area A {#sec-5-aac-34.108 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.108}

(a) Repealed 2/22/2015.

(b) The waters of District 11 in

(1) Taku Inlet: all waters north of the latitude of Point Bishop at 58° 12.05' N. lat.;

(2) Port Snettisham: all waters east of a line from Point Styleman at 57° 58.44' N. lat., 133° 53.88' W. long. to Point Anmer at 57° 56.08' N. lat., 133° 51.01' W. long.; and

(3) Holkham Bay: all waters east of a line from Point Coke at 57° 47.33' N. lat., 133° 41.43' W. long. to Point Astley at 57° 42.59' N. lat., 133° 39.07' W. long.

(d) The waters of District 15 in Lynn Canal: all waters north of the latitude of Point Sherman Light at 58° 51.16' N. lat.

History

Authority: AS 16.05.251
Eff. 3/15/96, Register 137; am 2/22/2015, Register 213; am 5/9/2015, Register 214; am 9/25/2022, Register 243

5 AAC 34.109 Area A registration {#sec-5-aac-34.109 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.109}

(a) Registration Area A is an exclusive registration area.

(b) Notwithstanding 5 AAC 34.005(b) and 5 AAC 34.020(e), a vessel registered for Registration Area A may also be used to take king crab in Registration Area D if the vessel owner, or the owner's agent, has had the registration for Registration Area A invalidated and has registered the vessel in Registration Area D. A vessel registered for Registration Area D may also be used to take king crab in Registration Area A if the vessel owner, or the owner's agent, has had the registration for Registration Area D invalidated and has registered the vessel in Registration Area A.

(c) In Registration Area A, a king crab registration remains valid throughout the registration year unless it is invalidated under (b) of this section or another provision of this chapter.

(d) In Registration Area A, the vessel registration under 5 AAC 34.020 must be completed no later than 30 days before the scheduled opening date of the commercial king crab season.

(e) Before a vessel that is registered to fish for both golden king crab and Tanner crab in Registration Area A may be used to fish for golden king crab in a portion of Registration Area A that is closed to commercial Tanner crab fishing, all Tanner crab must be removed from the vessel and the vessel owner, or the owner's agent, must have the vessel's Tanner crab registration invalidated by the department. Once the vessel's Tanner crab registration is invalidated, Tanner crab may not be retained on or sold from that vessel.

(f) Before a vessel that is registered to fish for only golden king crab in Registration Area A may be registered to fish for Tanner crab in Registration Area A, the vessel owner, or the owner's agent, must remove all gear operated from that vessel from the waters of that portion of Registration Area A that is closed to commercial Tanner crab fishing.

History

Authority: AS 16.05.251
Eff. 11/6/96, Register 140; am 8/8/99, Register 151; am 2/11/2004, Register 169; am 8/14/2005, Register 175

5 AAC 34.110 Fishing seasons for Registration Area A {#sec-5-aac-34.110 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.110}

(a) Male red king crab may only be taken from 10:00 a.m. November 1 through January 24.

(b) Male golden king crab may only be taken from 10:00 a.m. on the date following the largest Juneau tidal range between February 10 and February 17, as announced by emergency order, through December 1.

(d) Repealed 8/14/2005.

(e) Male blue king crab may be taken only during the open red and golden king crab and Tanner crab seasons.

(f) A season opening may be delayed if the National Weather Service forecast for the major fishing areas in the Southeast Region contains freezing spray or gale force wind warnings of 35 knots and higher on the 4:00 a.m. forecast for the day before the start date and the following day, in which case the season opening in all sections of Registration Area A eligible for a season opening will be delayed 24 hours. Announcement of a season opening delay will be issued 24 hours before the start of the fishery. If freezing spray or gale warnings continue regionwide after the initial delay, the season opening in all eligible sections may be delayed an additional 24 hours. A season opening delay may continue on a rolling 24-hour basis. For the purposes of this subsection, the corresponding National Weather Service forecast areas considered within the Southeast Region are as follows:

(1) Southern Lynn Canal;

(2) Northern Chatham Strait;

(3) Stephens Passage;

(4) Frederick Sound.

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 34.111 Section 11-A Red and Blue King Crab Management and Allocation Plan {#sec-5-aac-34.111 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.111}

(a) The Board of Fisheries (board) find that there exists strong competing demands between the personal use and commercial user groups for red and blue king crab in Section 11-A of the Southeastern Alaska Area. The board finds that personal use of red and blue king crab in the Juneau area is a historical use, that this use has grown in recent years concurrent with the growth of the king crab population in Section 11-A, and that there are both summer and winter components to the personal use fishery. The board also finds that the commercial use of red and blue king crab in Section 11-A is historical, economically important, and should be maintained.

(b) When managing red and blue king crab in Section 11-A, the board authorizes the department to conduct the personal use and commercial fisheries according to the following allocation plan:

(1) personal use fishery from July 1 through September 30 (summer season) - 50 percent of the red king crab guideline harvest level;

(2) personal use fishery from October 1 through March 31 (winter season) - 10 percent of the red king crab guideline harvest level;

(3) commercial fishery - 40 percent of the red king crab guideline harvest level when the general season is open under 5 AAC 34.110;

(4) repealed 7/29/2009.

(c) The board finds that the personal use red and blue king crab fishery should be conducted so that the summer and winter seasons last as long as possible within the allocation plan described in (b) of this section. To accomplish this objective the commissioner may close, by emergency order, a personal use red and blue king crab season and immediately reopen a personal use red and blue king crab season during which any of the following restrictions, selected at the discretion of the commissioner, are in effect:

(1) the daily bag and possession limit is one male king crab per person;

(2) the daily bag and possession limit is two male king crab per person;

(3) no more than one pot per vessel may be used to take king crab;

(4) no more than two pots per vessel may be used to take king crab;

(5) no more than three pots per vessel may be used to take king crab:

(6) there is a seasonal per person limit for king crab, established by the commissioner.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 7/1/96, Register 138; am 8/8/99, Register 151; am 7/29/2009, Register 191

5 AAC 34.112 Harvest of parasitized king crab {#sec-5-aac-34.112 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.112}

Notwithstanding the provisions of 5 AAC 34.060 and 5 AAC 34.065, all king crab, male, female, and sub-legal, that have the barnacle parasite Briarosaccus callosus or a scar of the parasite under the flap, may be taken for commercial sale during open commercial fishing seasons. The external reproductive organ of the parasite must be removed from all crab before the crab is placed in a live tank and must be retained on board the vessel, out of contact with sea water, and transferred to the processor for disposal.

History

Authority: AS 16.05.251
Eff. 9/19/90, Register 115; am 6/24/93, Register 126

5 AAC 34.113 Southeast Alaska red and blue king crab harvest strategy {#sec-5-aac-34.113 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.113}

(a) The commissioner may, by emergency order, open the Southeast Alaska red and blue king crab fishery only if the department's preseason biomass estimate of legal male red and blue king crab equals at least 50 percent of the median biomass estimate of legal males.

(b) If the commercial red and blue king crab fishery is open under (a) of this section, and the preseason biomass estimate of legal males is

(1) at least 50 percent but less than 100 percent of the median biomass estimate of legal males, the biomass of legal males available for harvest will not exceed 0.1 x LMB x (LMB/LMBMED), where "LMB" is equal to the current year preseason biomass estimate of legal males, and "LMBMED" is equal to the median biomass estimate of legal males; or

(2) equal to or greater than the LMBMED, the biomass of legal males available for harvest will not exceed 10 percent of the preseason estimate of LMB.

(c) In implementing the harvest strategy, the department shall consider the reliability of biomass estimates of red and blue king crab, the manageability of the fishery, and other factors the department determines important to manage the fishery consistent with sustained yield principles. The department shall use the best scientific information available and consider all sources of uncertainty as necessary to avoid overfishing.

(d) In Registration Area A, the holder of a CFEC permit for red or blue king crab may not retain more king crab in the directed fishery than the annual amount of king crab individual catch limit that is specified by the department. The department shall determine the annual amount of king crab individual catch limit by dividing the annual total allowable catch by the number of CFEC permits eligible to be fished in the fishery. The department shall use the best available information, including harvest rate and biological data, to set the total allowable catch.

(e) A commercial or personal use harvest that exceeds the permit holder's individual catch limit established under (d) of this section must be reported as an overage on an ADF&G fish ticket at the time of delivery and immediately surrendered to the state. Proceeds from the sale of excess king crab shall be surrendered to the state.

(f) Except as provided in (a) - (e) of this section, when the biomass of legal males available for harvest is equal to or greater than 200,000 pounds, a competitive fishery may open.

(g) If multiple CFEC permit holders are registered to fish from the same vessel, the maximum number of king crab pots that may be operated may not exceed pot limits as set out under 5 AAC 34.125(b)(1).

(h) Based on inseason information, the commissioner may, by emergency order, close a fishing season.

(i) In this section,

(1) "legal males" means male red or blue king crab at least seven inches or greater in width of shell;

(2) "preseason biomass estimate" means the sum of surveyed and non-surveyed biomass estimates of legal male red and blue king crab present at the time of the preseason survey as estimated directly by the catch survey analysis method from annual pot survey data.

(j) The provisions of this section do not apply after January 24, 2028.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 6/24/93, Register 126; am 8/24/2002, Register 163; am 6/27/2025, Register 254

5 AAC 34.114 Southeast Alaska Golden King Crab Management Plan {#sec-5-aac-34.114 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.114}

(a) The Southeast Alaska golden king crab fishery shall be managed consistently with the board's Policy on King and Tanner Crab Resource Management (90-04-FB, March 23, 1990), adopted by this reference, and according to the principles set out in this section.

(b) To the extent possible, golden king crab shall be managed as a separate stock in each defined fishing area. The department shall close an area if the abundance of various sizes of male crabs is inadequate to provide for a sustained harvest, or when potentially high effort precludes an orderly fishery.

(c) The department shall base management on historical fishery performance, catch, and population structure information. A lack of adequate information will result in conservative management.

History

Authority: AS 16.05.251
Eff. 6/24/93, Register 126; am 8/14/2005, Register 175

5 AAC 34.115 Guideline harvest ranges for Registration Area A {#sec-5-aac-34.115 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.115}

(a) Repealed 6/24/93.

(b) In Registration Area A, the guideline harvest ranges for the taking of golden king crab in the following areas are as follows:

(1)Upper Northern Area:0 - 81,000 pounds;(2)Lower Northern Area:0 - 64,000 pounds;(3)Icy Strait Area:0 - 55,000 pounds;(4)North Stephens Passage Area:0 - 25,000 pounds;(5)East Central Area:0 - 225,000 pounds;(6)Mid-Chatham Strait Area:0 - 150,000 pounds;(7)Lower Chatham Strait Area:0 - 50,000 pounds;(8)Southern Area:0 - 25,000 pounds.

History

Authority: AS 16.05.251

5 AAC 34.116 Commissioner's permits for king crab in Registration Area A {#sec-5-aac-34.116 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.116}

(a) Male king crab, seven inches or greater in carapace width, may be taken in Registration Area A in the exclusive economic zone only under the conditions of a permit issued by the commissioner.

(b) The permit required in this section:

(1) may specify season dates;

(2) may specify pot limits;

(3) may specify areas of fishing operations by district or by geographic location;

(4) may require an onboard observer during all operations;

(5) shall require mandatory completion of logbooks provided by the department, logbooks described in this section must:

(A) include the date, the specific location of harvest by latitude and longitude, the number of pots fished, the average depth of each pot fished, and the time gear is deployed and hauled of each set;

(B) include for the target and each bycatch species, the number of fish retained and discarded:

(D) be made available to a local representative of the department upon request;

(E) be submitted with the fish ticket documenting the landing;

(6) may set other conditions deemed necessary by the commissioner for conservation and management purposes.

History

Authority: AS 16.05.251
Eff. 6/17/2018, Register 226

5 AAC 34.120 Size limits for Registration Area A {#sec-5-aac-34.120 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.120}

In Registration Area A, only male king crab seven inches or greater in width of shell may be taken or possessed, except that

(1) male king crab less than seven inches in width of shell may be transported through or into the registration area for the purpose of delivery to a processor; king crab may not be taken in the registration area until after delivery of king crab taken in areas with minimum sizes of less than seven inches;

(2) repealed 12/26/97;

(3) repealed 5/9/2015;

(4) male golden king crab six and one-half inches or greater in width of shell may be taken or possessed in the Lower Chatham Strait and Southern Areas only during periods established by emergency order.

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 34.125 Lawful gear for Registration Area A {#sec-5-aac-34.125 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.125}

(a) King crab may be taken only by king crab pots, except that golden king crab taken in Tanner crab pots as described in 5 AAC 35.125(f) may be retained if the CFEC permit holder fishing for Tanner crab is also registered to fish for golden king crab and both crab fisheries are open at the same time. King crab taken by other means must be returned to the water without further harm.

(b) The following king crab pot limits are in effect in Registration Area A:

(1) during the commercial red king crab season, the maximum number of king crab pots that may be operated from a vessel registered to fish for king crab is as follows:

(A) through January 24, 2028, no more than 20 king crab pots when the guideline harvest level is less than 399,999 pounds;

(B) no more than 30 king crab pots when the guideline harvest level is at least 400,000 but not more than 499,999 pounds;

(C) no more than 40 king crab pots when the guideline harvest level is at least 500,000 but not more than 599,999 pounds;

(D) no more than 50 king crab pots when the guideline harvest level is 600,000 pounds or more;

(2) when the commercial golden king crab season is open in Registration Area A, and the commercial red king crab or Tanner crab season is closed, no more than 80 king crab pots may be operated from a vessel registered to fish for king crab;

(3) when the commercial golden king crab and Tanner crab seasons are open in Registration Area A at the same time, an aggregate of no more than 80 king and Tanner crab pots may be operated from a vessel registered to fish for both king crab and Tanner crab;

(4) when the commercial red and golden king crab seasons are open in Registration Area A at the same time, the pot limits described in (1) of this subsection apply to any vessel registered to fish for king crab.

(c) A king crab pot must have either at least the bottom one-third of one vertical surface of a square pot, or sloping sidewall surface of a conical or pyramid pot, composed of not less than nine-inch stretch mesh webbing or have at least four circular escape rings of six and one-quarter inches minimum inside diameter. The lowest edge of each escape ring must be within eight inches of the top of the bottom web bar on the pot. One ring must be installed in each quadrant of the pot. Escape rings or stretch mesh webbing must be so located on the vertical or sloping sidewall surface to permit the escapement of undersize crab.

(d) In Registration Area A, a registered king crab vessel may not have, at any time in the aggregate, more than the legal limit of gear on board the vessel, in the water in fishing condition, and in the water in nonfishing condition.

(e) A vessel engaged in taking or transporting king crab may not have on board an otter trawl with a ground line or headline longer than 60 feet.

History

Authority: AS 16.05.251

5 AAC 34.126 King crab pot marking requirements for Registration Area A {#sec-5-aac-34.126 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.126}

(a) Notwithstanding 5 AAC 34.051(c), identification tags will be issued to the CFEC permit holder, instead of the vessel owner, at the time of vessel registration. The permit holder, or the permit holder's agent, shall apply for identification tags at a department office designated to issue tags. Replacement of lost tags during the season is permitted if the permit holder and at least one crewmember submit sworn statements or affidavits, in person, at a department office in Registration Area A, describing how the tags were lost and listing the numbers of the lost tags.

(b) If multiple CFEC permit holders are registered to fish from a vessel simultaneously for the red, blue, or golden king crab fisheries and Tanner crab fisheries, the tags are issued to the vessel for the duration of the fishing seasons.

History

Authority: AS 16.05.251; AS 16.05.632
Eff. 11/6/96, Register 140; am 6/17/2018, Register 226; am 6/27/2025, Register 254

5 AAC 34.127 King crab pot storage requirements for Registration Area A {#sec-5-aac-34.127 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.127}

Notwithstanding 5 AAC 34.052, king crab pots with all bait and bait containers removed and all doors secured fully open may be stored in the water only

(1) for seven days following the season closure for king crab in Registration Area A;

(2) for five days following the season closure for king crab in any portion of Registration Area A;

(3) during the 10 days before the scheduled opening of the commercial king and Tanner crab seasons in Registration Area A, only under the following conditions:

(A) a pot may not be stored in waters deeper than 10 fathoms at mean low tide; and

(B) buoys must be attached to stored pots and must be marked as specified in 5 AAC 34.051, except that a stack of stored king crab pots may be marked with a single buoy.

History

Authority: AS 16.05.251
Eff. 11/6/96, Register 140; am 8/8/99, Register 151; am 8/14/2005, Register 175

5 AAC 34.128 Operation of other gear in Registration Area A {#sec-5-aac-34.128 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.128}

(a) A person or vessel that operates commercial, subsistence, personal use, or sport pots or ring nets, other than commercial shrimp pots or Dungeness crab pots, during the 30 days immediately before the scheduled opening date of the commercial king crab season in Registration Area A may not participate in that king crab fishery.

(b) Notwithstanding 5 AAC 31.053(d), 5 AAC 32.053(d), and 5 AAC 34.053(2), a person or vessel may operate commercial shrimp pots or Dungeness crab pots during an open king crab season in Registration Area A if the commercial shrimp or Dungeness crab season is open in Registration Area A at the same time as the commercial king crab season.

(c) During the commercial red, blue, or golden king crab fisheries, the operator of a vessel that is validly registered for the commercial red, blue or golden king crab fisheries may have on board the vessel, or in the water in fishing condition, not more than 30 groundfish pots as defined in 5 AAC 28.050(e) and 5 AAC 39.145(5), to harvest bait as described in 5 AAC 28.190. Red, blue, and golden king crab may not be legally retained while the vessel is fishing for bait and must be returned to the water unharmed. Buoys attached to pots used to harvest bait must have the word "LP-BAIT" on the top half of the buoy and be marked as set out under 5 AAC 28.050(b)(2). Pots used to harvest bait may be longlined and are exempt from the provisions of 5 AAC 28.050(f)(1).

(d) Fish retained for use as bait must be recorded on an ADF&G fish ticket as set out under 5 AAC 28.190(5).

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 11/6/96, Register 140; am 5/8/98, Register 146; am 8/8/99, Register 151; am 6/27/2025, Register 254

5 AAC 34.130 Logbooks {#sec-5-aac-34.130 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.130}

(a) In Registration Area A, during a king crab season, an operator of a vessel registered to fish in the commercial king crab fishery shall complete logbooks provided by the department.

(b) Logbooks described in (a) of this section shall be

(1) updated daily;

(2) sealed in envelopes provided by the department to maintain confidentiality; and

(3) submitted to the primary processor or buyer for attachment to the fish ticket; the processor or buyer shall forward fish tickets with the attached, sealed envelopes containing logbooks to the department in accordance with 5 AAC 39.130.

(c) A catcher-seller described in 5 AAC 39.130 shall attach logbooks described in this section to the department copy of fish tickets.

(d) A person may not make a false entry in the logbook required in (a) of this section.

History

Authority: AS 16.05.251
Eff. 3/15/96, Register 137; am 8/8/99, Register 151

5 AAC 34.140 Registration Area A inspections and inspection points {#sec-5-aac-34.140 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.140}

(a) If an inspection is required under (c) of this section, Registration Area A inspection points are located at Ketchikan, Wrangell, Petersburg, Sitka, and Juneau or at other locations specified by the department.

(b) Unless required under (c) of this section, king crab vessel inspections, as specified in 5 AAC 34.030, are not required in Registration Area A.

(c) In Registration Area A, by announcement, the commissioner may require king crab vessel inspections as specified in 5 AAC 34.030.

History

Authority: AS 16.05.251

5 AAC 34.143 Reporting requirements for king crab in Registration Area A {#sec-5-aac-34.143 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.143}

In addition to the reporting requirements in 5 AAC 39.130 and 5 AAC 34.075, the commissioner may require an owner or operator of a vessel validly registered to fish in the commercial king crab fishery in Registration Area A to report to a local representative of the department the following catch information:

(1) the number of legal king crab on board the vessel and the number of pot lifts conducted during the fishing period in any fishing area, district, or portion of a district; and

(2) any other information that the commissioner determines is necessary for the conservation and management of the resource; the board directs the commissioner to consult with the fishing industry in developing reporting requirements under this paragraph.

History

Authority: AS 16.05.251
Eff. 8/24/2002, Register 163

5 AAC 34.145 Subsistence fishing {#sec-5-aac-34.145 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.145}

Repealed 6/30/79.

5 AAC 34.150 Closed waters in Registration Area A {#sec-5-aac-34.150 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.150}

(a) The following waters of Section 11-A are closed to the taking of red king crab:

(1) the waters north of a line from Marmion Island Light to the easternmost tip of Point Salisbury at 58° 12.50' N. lat., 134° 13.75' W. long., and enclosed by a line from Outer Point on Douglas Island at 58° 18.20' N. lat., 134° 41.30' W. long., across Stephens Passage to the mouth of Bear Creek on Admiralty Island at 58° 16.80' N. lat., 134° 46.50' W. long., along the shoreline of Admiralty Island in a northerly direction to Symonds Point at 58° 20.60' N. lat., 134° 50.20' W. long., across Saginaw Channel to the southeasternmost tip of Shelter Island at 58° 22.30' N. lat., 134° 48.60' W. long., along the shoreline of Shelter Island to the southernmost tip of Halibut Cove at 58° 27.70' N. lat., 134° 53.30' W. long., across Favorite Channel to the southernmost entrance of Amalga Harbor at 58° 29.30' N. lat., 134° 47.30' W. long.; and

(2) the waters of Barlow Cove south of the latitude of Barlow Point at 58° 22.80' N. lat., 134° 53.70' W. long.

(b) The following waters of Section 11-A are closed to the taking of golden king crab: the waters north of a line from Marmion Island Light to the easternmost tip of Point Salisbury at 58° 12.50' N. lat., 134° 13.75' W. long., and east of a line extending from the northernmost tip of Outer Point at 58° 18.20' N. lat., 134° 41.30' W. long., to the southernmost tip of Portland Island at 58° 19.74' N. lat., 134° 44.04' W. long., to the northernmost tip of Portland Island at 58° 21.12' N. lat., 134° 45.48' W. long., to the southernmost tip of Point Louisa at 58° 22.26' N. lat., 134° 43.50' W. long.

History

Authority: AS 16.05.251

5 AAC 34.155 Registration Area A closures {#sec-5-aac-34.155 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.155}

Within 24 hours following the closure of Registration Area A to the taking of a specified species of king crab, all vessels with that species on board must arrive at a processing facility and remain until offloading of crab is complete, unless the vessel is otherwise in compliance with 5 AAC 34.031(e).

History

Authority: AS 16.05.251
Eff. 7/14/85, Register 95; am 12/14/86, Register 100; am 11/6/96, Register 140

Article 6 Registration Area D (Yakutat)

5 AAC 34.160 Description of Registration Area D {#sec-5-aac-34.160 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.160}

Registration Area D has as its western boundary the longitude of Cape Suckling (144° W. long.), and as its southern boundary a line extending seaward from the western tip of Cape Fairweather at 58° 47.89' N. lat., 137° 56.68' W. long. to the intersection with the seaward limit of the exclusive economic zone at 56° 07.31' N. lat., 141° 44.74' W. long.

History

Authority: AS 16.05.251
Eff. 12/14/86, Register 100; am 7/23/88, Register 107; am 7/30/89, Register 111; am 6/24/93, Register 126; am 11/6/96, Register 140; am 3/11/2001, Register 157; am 9/11/2002, Register 163; am 8/14/2005, Register 175; am 6/17/2018, Register 226

5 AAC 34.165 Description of Registration Area D districts {#sec-5-aac-34.165 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.165}

Registration Area D districts are described in 5 AAC 30.200.

History

Authority: AS 16.05.251
Eff. 12/14/86, Register 100; am 11/6/96, Register 140

5 AAC 34.166 Area D registration {#sec-5-aac-34.166 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.166}

(a) Registration Area D is an exclusive registration area.

(b) Notwithstanding 5 AAC 34.005(b) and 5 AAC 34.020(e), a vessel registered for Registration Area D may also be used to take king crab in Registration Area A if the vessel owner, or the owner's agent, has had the registration for Registration Area D invalidated and has registered the vessel in Registration Area A. A vessel registered for Registration Area A may also be used to take king crab in Registration Area D if the vessel owner, or the owner's agent, has had the registration for Registration Area A invalidated and has registered the vessel in Registration Area D.

(c) In Registration Area D, a king crab registration remains valid throughout the registration year unless it is invalidated under (b) of this section or another provision of this chapter.

History

Authority: AS 16.05.251
Eff. 11/6/96, Register 140

5 AAC 34.170 Fishing seasons for Registration Area D {#sec-5-aac-34.170 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.170}

(a) Male red king crab may be taken only from 12:00 noon October 24 through December 31.

(b) Male golden king crab may be taken only under the conditions of a permit issued by the commissioner.

History

Authority: AS 16.05.251
Eff. 12/14/86, Register 100; am 7/23/88, Register 107; am 8/8/99, Register 151; am 8/14/2005, Register 175; am 5/9/2015, Register 214

5 AAC 34.175 Guideline harvest range for Registration Area D {#sec-5-aac-34.175 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.175}

In Registration Area D, the guideline harvest range for the taking of red and blue king crab is 0 - 20,000 pounds.

History

Authority: AS 16.05.251
Eff. 12/14/86, Register 100; am 11/6/96, Register 140; am 8/14/2005, Register 175

5 AAC 34.180 Size limits for Registration Area D {#sec-5-aac-34.180 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.180}

The size limits for king crab in Registration Area D are the same as those described for king crab in Registration Area A in 5 AAC 34.120.

History

Authority: AS 16.05.251
Eff. 12/14/86, Register 100; am 11/6/96, Register 140

5 AAC 34.185 Lawful gear for Registration Area D {#sec-5-aac-34.185 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.185}

(a) King crab may be taken only with king crab pots. King crab taken by other means must be returned to the water without further harm.

(b) During an open commercial king crab season in those waters north and east of a line from Point Manby to Ocean Cape,

(1) no more than 40 king crab pots may be operated from a vessel registered to fish for king crab;

(2) when the commercial king crab and Tanner crab seasons are open in Registration Area D at the same time, an aggregate of no more than 40 king or Tanner crab pots may be operated from a vessel registered to fish for both king and Tanner crab.

(c) After December 31, 2017, king crab may not be taken with pots that have tunnel eye openings located on the vertical plane of the pot.

(d) In Registration Area D, a registered king crab vessel may not have, at any time in the aggregate, more than the legal limit of gear on board the vessel, in the water in fishing condition, and in the water in nonfishing condition.

(e) A vessel engaged in taking or transporting king crab may not have on board an otter trawl with a ground line or headline longer than 60 feet.

(f) A king crab pot must have either at least the bottom one-third of one vertical surface of a square pot, or sloping sidewall surface of a conical or pyramid pot, composed of not less than nine-inch stretch mesh webbing or have at least four circular escape rings of six and one-quarter inches minimum inside diameter. The lowest edge of each escape ring must be within eight inches of the top of the bottom web bar on the pot. One ring must be installed in each quadrant of the pot. Escape rings or stretch mesh webbing must be so located on the vertical or sloping sidewall surface to permit the escapement of undersize crab.

History

Authority: AS 16.05.251
Eff. 12/14/86, Register 100; am 7/23/88, Register 107; am 6/24/93, Register 126; am 11/6/96, Register 140; am 8/14/2005, Register 175; am 5/9/2015, Register 214

5 AAC 34.186 King crab pot marking requirements for Registration Area D {#sec-5-aac-34.186 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.186}

In addition to the requirements of 5 AAC 34.051, in Registration Area D, replacement of identification tags lost during the season is permitted if the vessel operator and at least one crewmember submit sworn statements or affidavits, in person, at a department office in Registration Area D, describing how the tags were lost and listing the numbers of the lost tags.

History

Authority: AS 16.05.251; AS 16.05.632
Eff. 11/6/96, Register 140

5 AAC 34.187 King crab pot storage requirements for Registration Area D {#sec-5-aac-34.187 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.187}

Notwithstanding 5 AAC 34.052, king crab pots with all bait and bait containers removed and all doors secured fully open may be stored in the water only

(1) for seven days following the season closure for king crab in Registration Area D;

(2) for 72 hours following the season closure for king crab in any portion of Registration Area D;

(3) at any time in the waters of Russell Fiord (first bay south of Cape Stoss) in waters no deeper than 10 fathoms.

History

Authority: AS 16.05.251
Eff. 11/6/96, Register 140

5 AAC 34.188 Operation of other gear in Registration Area D {#sec-5-aac-34.188 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.188}

(a) A person or vessel that operates commercial, subsistence, personal use, or sport pots or ring nets, other than commercial shrimp pots or Dungeness crab pots, during the 14 days immediately before the scheduled opening date of the commercial king crab season in Registration Area D may not participate in that king crab fishery.

(b) Notwithstanding 5 AAC 31.053(d), 5 AAC 32.053(d), and 5 AAC 34.053(2), a person or vessel may operate commercial shrimp pots or Dungeness crab pots during an open king crab season in Registration Area D if the commercial shrimp or Dungeness crab season is open in Registration D at the same time as the commercial king crab season.

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 11/6/96, Register 140; am 5/8/98, Register 146

5 AAC 34.189 Logbooks {#sec-5-aac-34.189 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.189}

(a) In Registration Area D, during a king crab season, an operator of a vessel registered to fish in the commercial king crab fishery shall complete logbooks provided by the department.

(b) Logbooks described in (a) of this section shall be

(1) updated daily;

(2) sealed in envelopes provided by the department to maintain confidentiality; and

(c) A catcher-seller described in 5 AAC 39.130 shall attach logbooks described in this section to the department copy of fish tickets.

(d) A person may not make a false entry in the logbook required in (a) of this section.

History

Authority: AS 16.05.251
Eff. 5/9/2015, Register 214

5 AAC 34.190 Registration Area D inspections and inspection points {#sec-5-aac-34.190 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.190}

(a) If an inspection is required under (c) of this section, Registration Area D inspection points are located at Yakutat or at other locations specified by the department.

(b) Unless required under (c) of this section, king crab vessel inspections, as specified in 5 AAC 34.030, are not required in Registration Area D.

(c) In Registration Area D, by announcement, the commissioner may require king crab vessel inspections as specified in 5 AAC 34.030.

History

Authority: AS 16.05.251
Eff. 12/14/86, Register 100; am 11/6/96, Register 140

5 AAC 34.193 Reporting requirements for king crab in Registration Area D {#sec-5-aac-34.193 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.193}

In addition to the reporting requirements in 5 AAC 34.075, 5 AAC 34.189, and 5 AAC 39.130, the commissioner may require an owner or operator of a vessel validly registered to fish in the commercial king crab fishery in Registration Area D to report to a local representative of the department the following catch information:

(1) the number of legal king crab on board the vessel and the number of pot lifts conducted during the fishing period in any fishing area, district, or portion of a district; and

History

Authority: AS 16.05.251
Eff. 5/9/2015, Register 214

Article 7 Registration Area E (Prince William Sound)

5 AAC 34.200 Description of Registration Area E {#sec-5-aac-34.200 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.200}

Registration Area E has as its western boundary a line running along the longitude of Cape Fairfield at 148° 50.25' W. long., south to the latitude of Cape Douglas at 58° 51.10' N. lat., then west to 149° W. long., then south along 149° W. long., and its eastern boundary the longitude of Cape Suckling at 144° W. long.

History

Authority: AS 16.05.251

5 AAC 34.205 Description of districts {#sec-5-aac-34.205 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.205}

Repealed 6/30/83.

5 AAC 34.206 Area E registration {#sec-5-aac-34.206 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.206}

Registration Area E is a superexclusive registration area.

History

Authority: AS 16.05.251
Eff. 11/6/96, Register 140

5 AAC 34.210 Fishing seasons for Registration Area E {#sec-5-aac-34.210 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.210}

The commercial taking of king crab in Registration Area E is closed until the king crab stocks have recovered enough for a harvest strategy to be developed by the department and adopted by the Board of Fisheries.

History

Authority: AS 16.05.251

5 AAC 34.215 Guideline harvest levels {#sec-5-aac-34.215 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.215}

Repealed 6/30/83.

5 AAC 34.217 Guideline harvest range for Registration Area E {#sec-5-aac-34.217 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.217}

The guideline harvest range for golden king crab is 0 - 60,000 pounds.

History

Authority: AS 16.05.251
Eff. 7/23/88, Register 107; am 8/14/2005, Register 175; am 3/27/2022, Register 241

5 AAC 34.220 Size limits for Registration Area E {#sec-5-aac-34.220 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.220}

(a) Only male red and golden king crab seven inches or greater in width of shell may be taken or possessed.

(b) Only male blue king crab 5.9 inches or greater in width of shell may be taken or possessed.

History

Authority: AS 16.05.251

5 AAC 34.225 Lawful gear for Registration Area E {#sec-5-aac-34.225 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.225}

(a) King crab may be taken only with king crab pots. King crab taken by other means must be returned to the water without further harm.

(b) Trawls with a ground line not exceeding 60 feet may be used for taking bait.

History

Authority: AS 16.05.251

5 AAC 34.227 King crab pot storage requirements for Registration Area E {#sec-5-aac-34.227 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.227}

Notwithstanding 5 AAC 34.052, cone or pyramid king crab pots with all bait and bait containers removed and all doors not secured closed may be stored in the water only from 30 days before the scheduled opening date of the commercial king crab season in Registration Area E, until 30 days following the closure of that season.

History

Authority: AS 16.05.251
Eff. 11/6/96, Register 140

5 AAC 34.240 Registration Area E inspection points {#sec-5-aac-34.240 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.240}

Registration Area E initial inspection points are located at Cordova and Valdez or at other locations specified by the department. Reinspection points are located at Cordova, Valdez, Seward or at other locations specified by the department.

History

Authority: AS 16.05.251

Article 8 Registration Area H (Cook Inlet)

5 AAC 34.300 Description of Registration Area H {#sec-5-aac-34.300 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.300}

Registration Area H has as its eastern boundary the longitude of Cape Fairfield (148° 50.25' W. long.), and as its southern boundary the latitude of Cape Douglas (58° 51.10' N. lat.).

History

Authority: AS 16.05.251

5 AAC 34.305 Description of Registration Area H districts {#sec-5-aac-34.305 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.305}

Registration Area H districts are described in 5 AAC 21.200.

History

Authority: AS 16.05.251

5 AAC 34.306 Area H registration {#sec-5-aac-34.306 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.306}

(a) Registration Area H is a superexclusive registration area.

(b) A king crab vessel must be registered for Registration Area H before the scheduled opening date of the commercial king crab season.

History

Authority: AS 16.05.251
Eff. 11/6/96, Register 140

5 AAC 34.310 Fishing seasons for Registration Area H {#sec-5-aac-34.310 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.310}

The commercial taking of king crab in Registration Area H is closed until the king crab stocks have recovered enough for a harvest strategy to be developed by the department and adopted by the Board of Fisheries.

History

Authority: AS 16.05.251

5 AAC 34.315 Guideline harvest levels {#sec-5-aac-34.315 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.315}

Repealed 6/30/83.

5 AAC 34.320 Size limits for Registration Area H {#sec-5-aac-34.320 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.320}

Only male king crab seven inches or greater in width of shell may be taken or possessed, except that

(1) repealed 8/24/2002;

(2) male king crab less than seven inches in width of shell may be transported through or into the registration area for the purpose of delivery to a processor; king crab may not be taken in the registration area until after delivery of king crab taken in areas with minimum legal sizes of less than seven inches in shell width.

History

Authority: AS 16.05.251

5 AAC 34.325 Lawful gear for Registration Area H {#sec-5-aac-34.325 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.325}

(a) Notwithstanding 5 AAC 34.050, king crab may be taken only with king crab pots and ring nets. King crab taken by other means must be returned to the water without further harm.

(b) During the commercial king crab season in Registration Area H, an aggregate of no more than 75 king and Tanner crab pots may be operated from a vessel registered to fish for king crab, except that if the projected guideline harvest level for king crab is less than 1,500,000 pounds, an aggregate of no more than 40 pots may be operated from a vessel registered to fish for king crab.

(c) During the commercial Tanner crab season in the Southern District, an aggregate of no more than 75 king and Tanner crab pots may be operated from a vessel registered to fish for king and Tanner crab, except that if the projected guideline harvest level for Tanner crab is less than 800,000 pounds, an aggregate of no more than 40 pots may be operated from a vessel registered to fish for king and Tanner crab.

(d) A vessel engaged in taking or transporting king crab may not have on board an otter trawl with a ground line or headline longer than 60 feet.

History

Authority: AS 16.05.251

5 AAC 34.326 King crab pot marking requirements for Registration Area H {#sec-5-aac-34.326 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.326}

In addition to the requirements of 5 AAC 34.051, in Registration Area H, replacement of identification tags lost during the season is permitted if the vessel operator submits a sworn statement or affidavit, in person, at a department office in Registration Area H, describing how the tags were lost and listing the numbers of the lost tags.

History

Authority: AS 16.05.251; AS 16.05.632
Eff. 11/6/96, Register 140

5 AAC 34.327 King crab pot storage requirements for Registration Area H {#sec-5-aac-34.327 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.327}

(a) Notwithstanding 5 AAC 34.052, rectangular king crab pots with all bait and bait containers removed and all doors secured fully open, and cone or pyramid king crab pots with all bait and bait containers removed and with all doors not secured closed, may be stored in the Kamishak Bay District and in those waters of the Southern District west of a line from Coal Point to Sixty-foot Rock to Anisom Point only in waters no deeper than 15 fathoms. In all remaining waters of the Southern District, rectangular king crab pots with all bait and bait containers removed and all doors secured fully open and cone or pyramid king crab pots with all bait and bait containers removed and all doors not secured closed may be stored only in waters of not more than 10 fathoms deep.

(b) Cone or pyramid pots with all bait and bait containers removed and all doors not secured closed may be stored in the water only from 30 days before the scheduled opening date of the commercial king crab season in Registration Area H, until 30 days following the closure of that season.

History

Authority: AS 16.05.251
Eff. 11/6/96, Register 140

5 AAC 34.330 Identification of gear {#sec-5-aac-34.330 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.330}

Repealed 6/12/76.

5 AAC 34.335 Closed waters {#sec-5-aac-34.335 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.335}

Repealed 7/23/88.

5 AAC 34.340 Registration Area H inspection points {#sec-5-aac-34.340 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.340}

Registration Area H initial inspection points are located at Homer, Seldovia, and Seward. Reinspection points are located at Homer, Seldovia, Seward, and Kodiak or at other locations specified by the department.

History

Authority: AS 16.05.251

5 AAC 34.345 Subsistence fishery {#sec-5-aac-34.345 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.345}

Repealed 6/30/79.

Article 9 Registration Area K (Kodiak)

5 AAC 34.400 Description of Registration Area K {#sec-5-aac-34.400 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.400}

Registration Area K consists of all Pacific Ocean waters south of the latitude of Cape Douglas (58° 51.10' N. lat.), west of 149° W. long., and east of a line extending south from Cape Kumlik along 157° 27.00' W. long.

History

Authority: AS 16.05.251

5 AAC 34.405 Description of Registration Area K districts {#sec-5-aac-34.405 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.405}

(a) Northeast District: all waters of Registration Area K northeast of a line extending from Cape Barnabas at 57° 09.07' N. lat., 152° 52.20' W. long., to a point offshore at 53° 26.20' N. lat., 151° 29.10' W. long., east of 153° 16.00' W. long. in Sitkalidak Strait, east of a line between Inner Point and Afognak Point along 152° 47.75' W. long., east of 152° 30.00' W. long. in Shuyak Strait, and east of a line extending north from Shuyak Island 152° 20.00' W. long.

(b) Southeast District: all waters of Registration Area K west of 153° 16.00' W. long. in Sitkalidak Strait, west of a line extending from Cape Barnabas at 57° 09.07' N. lat., 152° 52.20' W. long. to a point offshore at 53° 26.20' N. lat., 151° 29.10' W. long., east of 156° 20.22' W. long., and south of a line extending from Cape Trinity at 56° 44.80' N. lat., 154° 08.90' W. long. to a point offshore at 55° 23.23' N. lat., 156° 20.22' W. long.

(c) Southwest District: all waters of Registration Area K west of a line extending from Cape Trinity at 56° 44.80' N. lat., 154° 08.90' W. long. to a point offshore at 55° 23.23' N. lat., 156° 20.22' W. long., east of 156° 20.22' W. long., and south of a line from Cape Ikolik at 57° 17.40' N. lat., 154° 47.40' W. long. to the Alaska Peninsula, near Kilokak Rocks, at 57° 10.34' N. lat., 156° 20.22' W. long., including all of Alitak Bay and Olga Bay.

(d) Semidi Island District: all waters of Registration Area K west of a line extending south from the Alaska Peninsula, near Kilokak Rocks, along 156° 20.22' W. long., and east of a line extending south from Cape Kumlik along 157° 27.00' W. long.

(e) Shelikof District: all waters of Registration Area K north of a line from Cape Ikolik at 57° 17.40' N. lat., 154° 47.40' W. long. to the Alaska Peninsula, near Kilokak Rocks at 57° 10.34' N. lat., 156° 20.22' W. long., west of a line between Inner Point and Afognak Point along 152° 47.75' W. long., west of 152° 30.00' W. long. in Shuyak Strait, and west of a line extending north from Shuyak Island along 152° 20.00' W. long.

History

Authority: AS 16.05.251

5 AAC 34.406 Area K registration {#sec-5-aac-34.406 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.406}

(a) Registration Area K is an exclusive registration area for red and blue king crab and a nonexclusive registration area for golden king crab.

(b) Notwithstanding 5 AAC 34.005(b), 5 AAC 34.020(e), 5 AAC 34.506, and (a) of this section, only a vessel registered for the West Chignik District of Registration Area M may be used to take king crab in the Semidi Island District of Registration Area K.

History

Authority: AS 16.05.251
Eff. 11/6/96, Register 140; am 8/24/2002, Register 163; am 8/14/2005, Register 175

5 AAC 34.410 Fishing seasons for Registration Area K {#sec-5-aac-34.410 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.410}

(a) The commissioner may open and close, by emergency order, a season for red and blue king crab beginning 12:00 noon September 25.

(b) Repealed 8/14/2005.

(c) Male golden king crab may be taken from January 1 through December 31 only under conditions of a permit issued by the commissioner.

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 34.415 Guideline harvest levels {#sec-5-aac-34.415 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.415}

Repealed 7/25/82.

5 AAC 34.420 Size limits for Registration Area K {#sec-5-aac-34.420 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.420}

Only male red and blue king crab seven inches or greater, and male golden king crab six and one-half inches or greater, in width of shell may be taken or possessed, except that male king crab less than seven inches in width of shell may be transported through or into the registration area for the purpose of delivery to a processor. King crab may not be taken in the registration area until after delivery of king crab taken in areas with minimum sizes of less than seven inches.

History

Authority: AS 16.05.251

5 AAC 34.425 Lawful gear for Registration Area K {#sec-5-aac-34.425 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.425}

(a) King crab may be taken only with king crab pots. King crab taken by other means must be returned to the water without further harm.

(b) Each king crab pot must have at least one-third of one vertical surface of the pot composed of not less than nine-inch stretched mesh webbing.

(1) if the projected guideline harvest level is more than 6,000,000 pounds, no more than 75 pots may be operated;

(2) if the projected guideline harvest level is at least 3,000,000 but not more than 6,000,000 pounds, no more than 50 pots may be operated;

(3) if the projected guideline harvest level is less than 3,000,000 pounds, no more than 25 pots may be operated.

(d) A vessel engaged in taking or transporting king crab may not have on board an otter trawl with a ground line or headline longer than 60 feet.

History

Authority: AS 16.05.251

5 AAC 34.427 King crab pot storage requirements for Registration Area K {#sec-5-aac-34.427 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.427}

Notwithstanding 5 AAC 34.052, cone or pyramid king crab pots with all bait and bait containers removed and all doors not secured closed may be stored in the water only from 30 days before the scheduled opening date of the commercial king crab season in Registration Area K, until 30 days following the closure of that season.

History

Authority: AS 16.05.251
Eff. 11/6/96, Register 140

5 AAC 34.430 Identification of gear {#sec-5-aac-34.430 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.430}

Repealed 6/12/76.

5 AAC 34.440 Registration Area K inspection points {#sec-5-aac-34.440 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.440}

Registration Area K inspection points are located at Kodiak or at other locations specified by the department.

History

Authority: AS 16.05.251

5 AAC 34.460 Kodiak King Crab Management Plan {#sec-5-aac-34.460 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.460}

(a) The Kodiak king crab fishery must be managed according to the guidelines set forth in this section.

(b) To the extent possible individual king crab stocks must be managed as a single unit throughout their range. The department should avoid as much as possible small area closures that will leave a portion of a stock open to fishing.

(d) The department shall manage the harvest during the season described in 5 AAC 34.410(a) (early season) so that approximately 10 percent of the estimated harvest for each stock will be retained to provide for a harvest during the season described in 5 AAC 34.410(b) (late season).

(e) The late season will open between November 15 and December 15, if a significant portion of the early season harvest goals have been attained in the Northeast, Southeast, and Southwest districts. The late season must open no later than December 15.

History

Authority: AS 16.05.251
Eff. 11/15/81, Register 80; am 6/30/83, Register 86; am 7/23/88, Register 107

Article 10 Registration Area M (Alaska Peninsula)

5 AAC 34.500 Description of Registration Area M {#sec-5-aac-34.500 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.500}

Registration Area M consists of waters west of a line extending south from Cape Kumlik along 157° 27.00' W. long. and east of a line extending south from Scotch Cap Light along 164° 44.72' W. long. Registration Area M also includes all waters of Bechevin Bay and Isanotski Strait south of a line from the easternmost tip of Chunak Point to the westernmost tip of Cape Krenitzen.

History

Authority: AS 16.05.251

5 AAC 34.505 Description of Registration Area M districts {#sec-5-aac-34.505 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.505}

(a) Unimak Bight District: all waters of Registration Area M west of a line from Cape Pankof at 54° 39.60' N. lat., 163° 03.70' W. long. to Point Petrof at 54° 28.75' N. lat., 162° 49.42' W. long. and extending south from Point Patrof along 162° 49.42' W. long.

(b) Central District: all waters of Registration Area M east of a line from Cape Pankof at 54° 39.60' N. lat., 163° 03.70' W. long. to Point Petrof at 54° 28.75' N. lat., 162° 49.42' W. long. and extending south from Point Petrof along 162° 49.42' W. long., and west of a line from Kupreanof Point at 55° 33.98' N. lat., 159° 35.88' W. long. to Castle Rock at 55° 16.80' N. lat., 159° 29.11' W. long. and extending to a point offshore at 54° 06.07' N. lat., 157° 27.00' W. long.

(c) West Chignik District: all waters of Registration Area M east of a line from Kupreanof Point at 55° 33.98' N. lat., 159° 35.88' W. long. to Castle Rock at 55° 16.80' N. lat., 159° 29.11' W. long. and extending to a point offshore at 54° 06.07' N. lat., 157° 27.00' W. long.

History

Authority: AS 16.05.251

5 AAC 34.506 Area M registration {#sec-5-aac-34.506 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.506}

Registration Area M is a superexclusive registration area. A vessel registered to take king crab in the West Chignik District may not be used to take king crab in any other king crab registration district in Registration Area M during the same registration year.

History

Authority: AS 16.05.251
Eff. 11/6/96, Register 140; am 8/24/2002, Register 163

5 AAC 34.510 Fishing seasons for Registration Area M {#sec-5-aac-34.510 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.510}

(a) The commissioner may open and close, by emergency order, a season for red and blue king crab beginning 12:00 noon September 25.

(b) Male golden king crab may be taken from January 1 through December 31 only under conditions of a permit issued by the commissioner.

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 34.515 Guideline harvest levels {#sec-5-aac-34.515 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.515}

Repealed 7/25/82.

5 AAC 34.520 Size limits for Registration Area M {#sec-5-aac-34.520 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.520}

(a) Only male king crab six and one-half inches or greater in width of shell may be taken or possessed.

(b) Repealed 8/14/2005.

History

Authority: AS 16.05.251

5 AAC 34.525 Lawful gear for Registration Area M {#sec-5-aac-34.525 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.525}

(a) King crab may be taken only with king crab pots. King crab taken by other means must be returned to the water without further harm.

(b) Each king crab pot must have at least one-third of one vertical surface of the pot composed of not less than nine-inch stretched mesh webbing.

(c) During the commercial king crab season in Registration Area M, an aggregate of no more than 75 pots may be operated from a vessel registered to fish for king crab, except that if the projected guideline harvest level is less than 600,000 pounds, no more than 40 pots may be operated.

(d) A vessel engaged in taking or transporting king crab may not have on board an otter trawl with a ground line or headline longer than 60 feet.

History

Authority: AS 16.05.251

5 AAC 34.527 King crab pot storage requirements for Registration Area M {#sec-5-aac-34.527 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.527}

Notwithstanding 5 AAC 34.052, king crab pots may not be stored in the water starting seven days following the closure of the South Peninsula and Chignik District commercial Tanner crab seasons until the scheduled opening date of the commercial king crab season in Registration Area M.

History

Authority: AS 16.05.251
Eff. 11/6/96, Register 140

5 AAC 34.540 Registration Area M inspection points {#sec-5-aac-34.540 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.540}

Registration Area M inspection points are located at Kodiak and Dutch Harbor or at other locations specified by the department.

History

Authority: AS 16.05.251

5 AAC 34.590 Vessel length restrictions for Registration Area M {#sec-5-aac-34.590 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.590}

(a) In the West Chignik District, a vessel engaged in the commercial king crab fishery may not be longer than 58 feet overall length.

(b) For the purposes of this section, "overall length" means the straight line length between the extremities of the vessel, excluding anchor rollers.

History

Authority: AS 16.05.251
Eff. 8/24/2002, Register 163

Article 11 Registration Area O (Aleutian Islands Area)

5 AAC 34.600 Description of Registration Area O {#sec-5-aac-34.600 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.600}

Registration Area O has as its eastern boundary the longitude of Scotch Cap Light (164° 44.72' W. long.), its western boundary the Maritime Boundary Agreement Line as that line is described in the text of and depicted in the annex to the Maritime Boundary Agreement between the United States and the Union of Soviet Socialist Republics signed in Washington, June 1, 1990, and as that Maritime Boundary Agreement Line is depicted on NOAA Chart #513 (7th Edition, June 2004) and NOAA Chart #514 (7th Edition, January 2004), adopted by reference, and its northern boundary a line from the latitude of Cape Sarichef (54° 36' N. lat.) to 171° W. long., north to 55° 30' N. lat., and west to the Maritime Boundary Agreement Line.

History

Authority: AS 16.05.251

5 AAC 34.604 Description of red king crab districts {#sec-5-aac-34.604 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.604}

The districts for the commercial red king crab fishery in Registration Area O are as follows:

(1) Dutch Harbor District: all waters of Registration Area O between the longitude of Scotch Cap Light (164° 44.72' W. long.) and 171° W. long.;

(2) Adak District: all waters of Registration Area O between 171° W. long. and 179° W. long.;

(3) Petrel District: all waters of Registration Area O west of 179° W. long.

History

Authority: AS 16.05.251
Eff. 6/27/2014, Register 210

5 AAC 34.605 Description of districts {#sec-5-aac-34.605 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.605}

Repealed.

5 AAC 34.606 Area O registration {#sec-5-aac-34.606 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.606}

(a) Registration Area O is a nonexclusive registration area for all king crab.

(b) For the commercial red king crab fishery, the vessel registration deadline for the registration year is 21 days before that vessel begins fishing operations. Before a vessel may be registered under this subsection, the vessel operator must obtain a CFEC interim-use permit for Aleutian Islands king crab that references the vessel's ADF&G license number and file a registration form with the department, except that a vessel operator is not required to obtain a CFEC interim-use permit before filing a registration form for the red king crab fishery in the Petrel District. The registration form must identify the vessel and vessel operator and must be received in person, or by mail or facsimile, at the department office in Dutch Harbor or Kodiak by the deadline specified in this subsection.

History

Authority: AS 16.05.251
Eff. 9/1/96, Register 139; am 7/21/99, Register 151; am 8/14/2005, Register 175; am 9/12/2008, Register 187; am 6/27/2014, Register 210

5 AAC 34.610 Fishing seasons for Registration Area O {#sec-5-aac-34.610 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.610}

(a) The commissioner may open and close, by emergency order, a season for male red king crab in the

(1) Adak District under 5 AAC 34.616, beginning 12:00 noon August 1 and ending no later than 11:59 p.m. February 15;

(2) Petrel District and Dutch Harbor District, beginning 12:00 noon October 15 and ending no later than 11:59 p.m. February 15.

(b) Male golden king crab may be taken only as follows:

(1) repealed 6/17/2018;

(2) from 12:00 noon August 1 through 11:59 p.m. April 30, except that the commissioner may, by emergency order, open the season on or after July 15 to accommodate surveys and stock assessment.

(d) During a fishing season opened under (a) of this section in the waters of Alaska in the Adak District, only a vessel that is 60 feet or less in overall length may be used to fish for red king crab.

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 34.612 Harvest levels for golden king crab in Registration Area O {#sec-5-aac-34.612 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.612}

In accordance with 5 AAC 34.080, the Aleutian Islands Area golden king crab fishery shall be managed based on the following harvest strategy:

(a) In that portion of the Registration Area O east of 174° W. long., the total allowable catch level shall be established as follows:

(1) if MMAE is less than 25 percent of MMAE(1985-2017), the fishery will not open;

(2) if MMAE is at least 25 percent but not greater than 100 percent of MMAE(1985-2017), the number of legal male golden king crab available for harvest will be computed as (0.15) x (MMAE/MMAE(1985-2017)) x (MMAE) or 25 percent of LMAE, whichever is less; and

(3) if MMAE is greater than 100 percent of MMAE(1985-2017), the number of legal male golden king crab available for harvest will be computed as (0.15) x (MMAE) or 25 percent of LMAE, whichever is less.

(b) In that portion of the Registration Area O west of 174° W. long., the total allowable catch level shall be established as follows:

(1) if MMAw is less than 25 percent of MMAw(l985-2017), the fishery will not open;

(2) if MMAw is at least 25 percent but not greater than 100 percent of MMAw(l985-2017), the number of legal male golden king crab available for harvest will be computed as (0.20) x (MMAw/MMAw(l985-2017)) x (MMAw) or 25 percent of LMAw, whichever is less; and

(3) if MMAw is greater than 100 percent of MMAw(l985-2017), the number of legal male golden king crab available for harvest will be computed as (0.20) x (MMAw) or 25 percent of LMAw, whichever is less.

(c) In implementing this harvest strategy, the department shall consider the reliability of abundance estimates of golden king crab, the manageability of the fishery, and other factors the department determines necessary to manage consistent with sustained yield principles, and shall use the best scientific information available and consider all sources of uncertainty as necessary to avoid overfishing.

(d) In this section,

(1) MMAE means the abundance of male golden king crab in the portion of the Registration Area O east of 174° W. long., that are greater than or equal to 111 millimeters in carapace length estimated by the stock assessment model for the time prior to the start of the fishery;

(2) MMAE(1985-2017) means the mean value of the abundance of male golden king crab in the portion of the Registration Area O east of 174° W. long., that are greater than or equal to 111 millimeters in carapace length estimated by the stock assessment model for the time prior to the start of the fishery for the period 1985 - 2017;

(3) LMAE means the abundance of male golden king crab in the portion of the Registration Area O east of 174° W. long., that are greater than or equal to 136 millimeters in carapace length estimated by the stock assessment model for the time prior to the start of the fishery;

(4) MMAw means the abundance of male golden king crab in the portion of the Registration Area O west of 174° W. long., that are greater than or equal to 111 millimeters in carapace length estimated by the stock assessment model for the time prior to the start of the fishery;

(5) MMAw(l985-2017) means the mean value of the abundance of male golden king crab in the portion of the Registration Area O west of 174° W. long., that are greater than or equal to 111 millimeters in carapace length estimated by the stock assessment model for the time prior to the start of the fishery for the period 1985 - 2017;

(6) LMAw means the abundance of male golden king crab in the portion of the Registration Area O west of 174° W. long., that are greater than or equal to 136 millimeters in carapace length estimated by the stock assessment model for the time prior to the start of the fishery.

History

Authority: AS 16.05.251
Eff. 9/12/2008, Register 187; am 7/13/2012, Register 203; am 8/10/2018, Register 227; am 6/28/2019, Register 230

5 AAC 34.614 Aleutian Islands State-Waters Golden King Crab Management Plan {#sec-5-aac-34.614 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.614}

(a) The Aleutian Islands State-Waters Golden King Crab Management Plan governs the harvest of golden king crab in state waters of Registration Area 0, east of 169° 00.00' W. long.

(b) Male golden king crab may be taken from 12:00 p.m. September 1 through 11:59 p.m. April 30, unless closed earlier by emergency order.

(c) Harvest of golden king crab in the state waters of Registration Area 0, east of 169° 00.00' W. long., may not exceed 50,000 pounds of golden king crab.

(d) A vessel registered to take golden king crab may not be longer than 58 feet in overall length.

(e) Golden king crab may only be taken with king crab pots as set out under 5 AAC 34.625(b)(1). Pots may not be longlined. Each pot must be individually buoyed and marked.

(f) The total number of pots allowed in the fishery is 400. The department will establish the individual vessel pot limit by dividing the 400 total pot limit by the number of vessels that register before the season opens. Not more than 90 pots per vessel are allowed.

(g) The registration deadline is August 1. A vessel must register with the department not later than August 1 to participate in the fishery. Before a vessel may be registered under this section, the vessel operator must

(1) obtain a CFEC interim-use permit for king crab that includes the vessel's ADF&G license plate number; and

(2) file a registration form with the department; the registration form must

(A) identify the vessel and the vessel operator; and

(B) be submitted to the Dutch Harbor or Kodiak department office in person or by United States mail, electronic mail, or facsimile transmission.

(h) During the state waters season,

(1) not more than 90 pots may be operated from a validly registered vessel;

(2) pots may only be operated to take golden king crab from 8:00 a.m. to 7:59 p.m. daily;

(3) a vessel owner or operator must report the following to a local department representative by telephone, electronic mail, or radio, as specified on the vessel's registration form:

(A) the number of pot lifts from the vessel in the previous 24-hour reporting period;

(B) the number of crab retained on the vessel during the previous 24-hour reporting period;

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 7/10/2025, Register 255

5 AAC 34.615 Harvest strategy {#sec-5-aac-34.615 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.615}

Repealed 6/30/83.

5 AAC 34.616 Adak District red king crab harvest strategy {#sec-5-aac-34.616 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.616}

(a) In the Adak District, based on the best scientific information available, if the department determines that there is a harvestable surplus of

(1) red king crab available in the waters of Alaska in the Adak District, the commissioner may open, by emergency order, a commercial red king crab fishery only in the waters of Alaska in the Adak District under 5 AAC 34.610(a)(1);

(2) at least 250,000 pounds of red king crab in the Adak District, the commissioner may open, by emergency order, a commercial red king crab fishery in the entire Adak District under 5 AAC 34.610(a)(1).

(b) In the Adak District, during a season opened under 5 AAC 34.610(a)(1), the operator of a validly registered king crab fishing vessel shall

(1) report each day to the department

(A) the number of pot lifts;

(B) the number of crab retained for the 24-hour fishing period preceding the report; and

(C) any other information the commissioner determines is necessary for the management and conservation of the fishery, as specified in the vessel registration certificate issued under 5 AAC 34.020; and

(2) complete and submit a logbook as prescribed and provided by the department.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 6/27/2014, Register 210

5 AAC 34.620 Size limits for Registration Area O {#sec-5-aac-34.620 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.620}

(a) Male red king crab six and one-half inches or greater in width of shell may be taken or possessed.

(b) Only male golden king crab six inches or greater in width of shell may be taken or possessed.

History

Authority: AS 16.05.251

5 AAC 34.625 Lawful gear for Registration Area O {#sec-5-aac-34.625 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.625}

(a) King crab may be taken only with king crab pots. King crab taken by other means must be returned to the water without further harm.

(b) Pots used to take golden king crab

(1) must have at least four circular escape rings of five and one-half inches minimum inside diameter installed on the vertical plane or have at least one-third of one vertical surface of the pot composed of not less than nine-inch stretched mesh webbing to permit the escapement of undersized golden king crab;

(2) may be operated only from a shellfish longline; a buoy is not required for each pot, but each end of the longline must be marked by a cluster of four buoys; one buoy in the cluster must be marked in accordance with 5 AAC 34.051 and have the initials "SL" to identify it as a shellfish longline; for purposes of this subsection "a shellfish longline" is a stationary, buoyed, and anchored line with at least 10 shellfish pots attached; and

(3) notwithstanding 5 AAC 39.145, may have an opening that is laced, sewn, or secured together by a single length of untreated, 100 percent cotton twine no larger than 60 thread; the cotton twine may be knotted at each end only; the opening must be within six inches of, and parallel with, the bottom of the pot; the cotton twine may not be tied or looped around web bars.

(c) Otter trawls with a ground line or headline exceeding 60 feet in length may not be on board a vessel engaged in the taking or transporting of king crab.

(d) In the Petrel District commercial red king crab fishery in Registration Area O, established by emergency order under 5 AAC 34.610(a), no more than 250 pots may be operated from a validly registered vessel.

(e) Pots used to take red king crab

(1) must have at least one-third of one vertical surface of the pot composed of not less than nine-inch stretched mesh webbing to permit the escapement of undersized red king crab; and

(2) may not be longlined; each pot must be individually buoyed and marked.

(f) Repealed 7/22/2017.

(g) In the Adak District commercial red king crab fishery established under 5 AAC 34.610(a)(1),

(1) the pot limits are as follows:

(A) in the waters of Alaska, no more than 10 pots may be operated from a validly registered vessel;

(B) in the waters of the exclusive economic zone, no more than 15 pots may be operated from a validly registered vessel;

(2) king crab pot gear may be deployed or retrieved only from 8:00 a.m. until 5:59 p.m. each day.

History

Authority: AS 16.05.251

5 AAC 34.627 King crab gear storage requirements for Registration Area O {#sec-5-aac-34.627 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.627}

(a) Notwithstanding 5 AAC 34.052, and except as described in (b) of this section, during the closed season for king crab in Registration Area O, king crab pots must be removed from the water except, with all doors fully open and with all bait containers removed,

(1) single line king crab pots may be stored in waters 25 fathoms or less in depth; and

(2) longline king crab pots may be stored in waters 75 fathoms or less in depth.

(b) King crab pots may not be stored in the following waters:

(1) from June 1 through August 15, the waters east of 169° W. long.;

(2) Hot Springs Bay, inside of a line from the tip of Ridge Point to 54° 12.67' N. lat., 165° 52' W. long.; and

(3) Kalekta Bay, inside of a line from the tip of Erskine Point to the tip of Cape Kalekta.

History

Authority: AS 16.05.251
Eff. 9/1/96, Register 139; am 8/8/99, Register 151; am 3/11/2001, Register 157

5 AAC 34.628 Operation of other gear in Registration Area O {#sec-5-aac-34.628 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.628}

(a) Notwithstanding 5 AAC 34.053, and except as provided in (b) of this section, a person or vessel that operates longline, trawl, or pot gear in waters less than 125 fathoms in depth in a commercial, subsistence, personal use, or sport fishery in that portion of Registration Area O open to commercial red king crab fishing 30 days immediately before the scheduled opening date of the commercial red king crab fishery may not participate in the commercial red king crab fishery.

(b) The provisions of 5 AAC 34.053(1), 5 AAC 35.053(1), and (a) of this section do not apply to a person or vessel participating in the Adak District commercial red king crab fishery, except that a vessel may not participate in the Adak commercial red king crab fishery if pot, trawl, or longline is operated from that vessel during the seven days before the scheduled opening of the fishery.

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 8/24/2002, Register 163; am 6/27/2014, Register 210

5 AAC 34.640 Registration Area O inspections and inspection points {#sec-5-aac-34.640 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.640}

(a) Inspection points in Registration Area O are located at Dutch Harbor and at additional locations if specified by the department.

(b) Notwithstanding 5 AAC 34.030(a), for Registration Area O a registered king crab vessel must, when required by the department, have its holds, live tanks, and freezers inspected by a local representative of the department at Dutch Harbor or additional locations specified by the department within 72 hours before taking or processing king crab.

History

Authority: AS 16.05.251

5 AAC 34.641 Landing requirements for Registration Area O {#sec-5-aac-34.641 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.641}

(a) Repealed 11/6/96.

(b) Notwithstanding 5 AAC 34.031(e), in waters subject to the jurisdiction of the state, following the closure of Registration Area O to the taking of a specified species of king crab, a king crab vessel validly registered for Registration Area O may not have that species of king crab on board after 72 hours following the closure if delivery is made to Dutch Harbor, Akutan, or King Cove, except that a vessel delivering to King Cove may request additional time to deliver king crab using the procedure described in (c)(1) of this section.

(c) If a vessel is delivering king crab to a location east of King Cove, or if the vessel owner, or the owner's agent, wishes to request additional time to deliver king crab to King Cove under (b) of this section, the

(1) vessel owner, or the owner's agent, shall contact, by radio or telephone, a representative of the department in Dutch Harbor within 72 hours following the closure described in (b) of this section;

(2) representative of the department in Dutch Harbor shall grant a reasonable amount of additional time for the vessel to reach the port of delivery; the amount of additional time shall be determined under the assumption that the vessel departed the fishing grounds immediately after the closure and proceeded directly to the processing location, except that additional time may be allowed for a vessel to stop en route and offload the vessel's crab pots at a storage facility if the vessel operator first contacts a representative of the department in Dutch Harbor and provides information on the location of the storage facility, the expected time of gear placement at that facility, and the expected time the vessel will depart the storage facility en route to the port of delivery.

(d) To be in compliance with 5 AAC 34.031(b), the vessel owner, or the owner's agent, or a tender vessel registered for Registration Area O that intends to land king crab in another registration area shall make the radio or telephone contact required by 5 AAC 34.031(b) only with a representative of the department at Dutch Harbor.

(e) Repealed 8/24/2002.

History

Authority: AS 16.05.251
Eff. 9/1/96, Register 139; am 11/6/96, Register 140; am 8/24/2002, Register 163

5 AAC 34.650 District registration {#sec-5-aac-34.650 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.650}

Repealed 6/28/81.

5 AAC 34.690 Vessel length restrictions {#sec-5-aac-34.690 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.690}

(a) King crab may not be taken from the waters of Unalaska Bay enclosed by a line from Cape Cheerful (54° N. lat., 166° 40.33' W. long.) to Priest Rock (54° N. lat., 166° 22.50' W. long.) by vessels over 50 feet, U.S. Coast Guard registered length or 58 feet overall length.

(b) In the remaining waters of Registration Area O east of 171° W. long., not specified in (a) of this section, king crab may not be taken by vessels over 58 feet overall length when the guideline harvest level is 1,000,000 pounds or less.

History

Authority: AS 16.05.251
Eff. 6/30/83, Register 86; am 3/11/2001, Register 157; am 8/14/2005, Register 175; am 8/28/2005, Register 175

Article 12 (Repealed)

Registration Area T has as its northern boundary the latitude of Cape Newenham (58° 39' N. lat.), as its southern boundary the latitude of Cape Sarichef (54° 36' N. lat.), and as its western boundary 168° W. long., and includes all waters of Bristol Bay.

History

Authority: AS 16.05.251

5 AAC 34.806 Area T registration {#sec-5-aac-34.806 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.806}

(a) Registration Area T is an exclusive registration area.

(b) For the red king crab fishery, the preseason vessel registration deadline for the registration year is 5:00 p.m. September 24. Before a vessel may be preseason registered under this subsection, the vessel operator must file a preseason registration form with the department. The preseason registration form must identify the vessel and vessel operator, and must be received in person, by mail, electronic mail, or facsimile, at the department office in Dutch Harbor or Kodiak by the deadline specified in this subsection.

History

Authority: AS 16.05.251
Eff. 11/6/96, Register 140; am 10/3/97, Register 143; am 7/21/99, Register 151; am 8/24/2002, Register 163; am 9/12/2008, Register 187; am 6/21/2020, Register 234

5 AAC 34.810 Fishing seasons for Registration Area T {#sec-5-aac-34.810 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.810}

(a) Male red king crab may be taken only from 12:00 noon October 15 through 11:59 p.m. January 15.

(b) Male golden king crab may be taken from January 1 through December 31 only under conditions of a permit issued by the commissioner.

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 34.815 Harvest Strategy {#sec-5-aac-34.815 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.815}

Repealed 6/30/83, Register 86.

5 AAC 34.816 Bristol Bay red king crab harvest strategy {#sec-5-aac-34.816 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.816}

(a) In accordance with 5 AAC 34.080, the Bristol Bay red king crab fishery shall be managed based on the following harvest strategy:

(1) the threshold level of abundance is 8,400,000 mature female red king crab and 14,500,000 pounds of effective spawning biomass; the Bristol Bay red king crab season may open only if analysis of preseason survey data indicates that the population of red king crab exceeds both of these indices of stock reproductive potential; the Bristol Bay red king crab season will not open if preseason survey data indicates that the population is at or below either of these two indices;

(2) if the Bristol Bay red king crab season is open under (1) of this subsection and the effective spawning biomass is at least 14,500,000 pounds, but less than 34,750,000 pounds, the number of legal male red king crab available for harvest will be no more than 10 percent of the mature male red king crab abundance or no more than 50 percent of the legal-sized male red king crab abundance, whichever is less;

(3) if the Bristol Bay red king crab season is open under (1) of this subsection and the effective spawning biomass is at least 34,750,000 pounds, but less than 55,000,000 pounds, the number of legal male red king crab available for harvest will be no more than 12.5 percent of the mature male red king crab abundance or no more than 50 percent of the legal-sized male red king crab abundance, whichever is less;

(4) if the Bristol Bay red king crab season is open under (1) of this subsection and the effective spawning biomass is 55,000,000 pounds or more, the number of legal male red king crab available for harvest will be no more than 15 percent of the mature male red king crab abundance or no more than 50 percent of the legal-sized male red king crab abundance, whichever is less;

(5) when applying this harvest strategy, the department shall consider the reliability of the estimates of abundance of red king crab, other factors necessary to be consistent with sustained yield principles, and the best scientific information available.

(b) For the purpose of this section,

(1) "effective spawning biomass" means the estimated biomass of mature female red king crab that the population of mature male red king crab could successfully mate in a given year;

(2) "mature female red king crab" means female red king crab that are 3.5 inches (90 mm) or more in carapace length;

(3) "mature male red king crab" means male red king crab that are 4.7 inches (120 mm) or more in carapace length.

History

Authority: AS 16.05.251
Eff. 11/6/96, Register 140; am 8/24/2002, Register 163; am 9/21/2003, Register 167; am 8/14/2005, Register 175; am 7/13/2012, Register 203

5 AAC 34.820 Size limits for Registration Area T {#sec-5-aac-34.820 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.820}

(a) Male red king crab six and one-half inches or greater in width of shell may be taken or possessed.

(b) Repealed 8/24/2002.

History

Authority: AS 16.05.251

5 AAC 34.825 Lawful gear for Registration Area T {#sec-5-aac-34.825 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.825}

(a) King crab may be taken only with king crab pots. King crab taken by other means must be returned to the water without further harm.

(b) Each king crab pot must have at least one-third of one vertical surface of the pot composed of not less than nine-inch stretched mesh webbing.

(c) Each pot used to take golden king crab must have at least four circular escape rings of not less than five and one-half inches inside diameter installed on the vertical plane or have at least one-third of one vertical surface of the pot composed of not less than nine-inch stretched mesh webbing to permit the escapement of undersize golden king crab.

(d) Repealed 8/8/99.

(e) Repealed 8/8/99.

(f) At the time of tank inspection required under 5 AAC 34.030, the gear must meet all specifications required by this chapter and 5 AAC 39, including identification, escape mechanisms, and mesh size requirements.

(g) A vessel engaged in taking or transporting king crab may not have on board an otter trawl with a ground line or headline longer than 60 feet.

(h) Repealed 8/15/2008.

(i) Repealed 8/14/2005.

(j) Repealed 8/14/2005.

(k) In Registration Area T, the operator of a vessel that is registered for the red king crab fishery may have on board the vessel no more than 10 groundfish pots, as defined in 5 AAC 28.050(e). Notwithstanding 5 AAC 34.050(1), red king crab taken from these pots may be legally retained.

History

Authority: AS 16.05.251

5 AAC 34.826 King crab pot marking requirements for Registration Area T {#sec-5-aac-34.826 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.826}

Repealed.

History

Eff. 11/6/96, Register 140; repealed 9/12/2008, Register 187

5 AAC 34.827 King crab pot storage requirements for Registration Area T {#sec-5-aac-34.827 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.827}

(a) In addition to the provisions of 5 AAC 34.052, in Registration Area T, king crab pots may be stored in waters north of 57° N. lat., south of 58° N. lat., east of 166° W. long., and west of 164° W. long. during the closed commercial king crab season.

(b) Repealed 8/14/2005.

History

Authority: AS 16.05.251
Eff. 11/6/96, Register 140; am 10/3/97, Register 143; am 8/8/99, Register 151; am 8/14/2005, Register 175

5 AAC 34.828 Operation of other gear in Registration Area T {#sec-5-aac-34.828 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.828}

Repealed.

History

Eff. 9/19/99, Register 151; em am 9/1/99 - 12/29/99, Register 152; am 8/31/2000, Register 155; am 8/24/2002, Register 163; repealed 8/14/2005, Register 175

5 AAC 34.840 Registration Area T inspection points and requirements {#sec-5-aac-34.840 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.840}

(a) Registration Area T inspection points are located at Dutch Harbor or at other locations specified by the department.

(b) Notwithstanding 5 AAC 34.030, in Registration Area T within 30 hours before a season opening or at any time during the open season before taking or processing king crab, a king crab vessel registered for Registration Area T must, when required by the department, have all holds or live tanks inspected by a local representative of the department at inspection points specified in this section. Unless otherwise specified in this chapter, king crab may not be on board the vessel at the time of inspection. Successful completion of the inspection validates the vessel's registration for Registration Area T. During the period 30 hours before the season opening in Registration Area T until the season closure, the inspection requirements of this section do not apply to a registered king crab vessel that does not have a saltwater circulation system in its holds or live tanks. If an inspection is not required, completion of the registration form validates the registration.

History

Authority: AS 16.05.251

5 AAC 34.841 Landing requirements for Registration Area T {#sec-5-aac-34.841 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.841}

(a) Notwithstanding 5 AAC 34.031(e)(3), following the closure of Registration Area T to the taking of a specified species of king crab, a vessel validly registered for that area may not have that species of king crab on board the vessel in waters subject to the jurisdiction of the state, if delivery is made to

(1) Dutch Harbor, Akutan, or King Cove, after 30 hours following the closure;

(2) Adak, the Pribilof Islands, or a location east of King Cove,

(A) the vessel owner, or the owner's agent, shall contact, by radio or telephone, a representative of the department in Dutch Harbor within 30 hours following the closure; and

(B) the representative of the department in Dutch Harbor shall grant a reasonable amount of additional time for the vessel to reach the port of delivery; the amount of additional time shall be determined under the assumption that the vessel departed the fishing grounds immediately following the closure and proceeded directly to the processing location.

(b) For purposes of this section, a vessel validly registered for Registration Area T landing king crab at Dutch Harbor, Akutan, or King Cove will be deemed to have landed its catch in the area for which it is validly registered at the time of landing.

(c) To comply with 5 AAC 34.031(b), the vessel owner, the owner's agent, or the operator of a tender vessel registered for Registration Area T that intends to land king crab in another registration area shall make the radio or telephone contact required under (a) of this section with a representative of the department at Dutch Harbor.

(d) Repealed 8/8/99.

(e) After the king crab fishing season is closed, a vessel with king crab on board may not be used for any purpose except to travel to the port of delivery to offload king crab, and the vessel may not pull any gear, baited or stored, or place any gear into storage, except that a vessel may stop en route and offload pots at a storage facility if the vessel operator first contacts a representative of the department in Dutch Harbor and provides information on the location of the storage facility, the expected time of gear placement at that facility, and the expected time the vessel will depart the storage facility en route to the port of delivery. After king crab have been delivered to the port of delivery, the vessel operator shall remove any pot gear remaining on the grounds, return any king crab in pot gear to the water immediately without further harm, and place the pot gear in an authorized storage area or on board the vessel within 10 days after the closure of the season.

(f) After the season is closed and before delivery of king crab, a vessel may not have a line in the block on board that vessel.

History

Authority: AS 16.05.251
Eff. 11/6/96, Register 140; am 10/3/97, Register 143; am 8/8/99, Register 151; am 8/24/2002, Register 163

5 AAC 34.842 Catch information reporting in Registration Area T {#sec-5-aac-34.842 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.842}

If requested by the department, the operator of a vessel registered to take king crab in Registration Area T may report up to every 12 hours to a local representative of the department information that the department has determined is useful for the purpose of managing the harvest of king crab.

History

Authority: AS 16.05.251
Eff. 10/3/97, Register 143; am 8/8/99, Register 151

Article 14 Registration Area Q (Bering Sea)

5 AAC 34.900 Description of Registration Area Q {#sec-5-aac-34.900 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.900}

Registration Area Q has as its southern boundary a line from 54° 36' N. lat., 168° W. long., to 54° 36' N. lat., 171° W. long., to 55° 30' N. lat., 171° W. long., to 55° 30' N. lat., 173° 30' E. long., as its northern boundary the latitude of Point Hope (68° 21' N. lat.), as its eastern boundary a line from 54° 36' N. lat., 168° W. long., to 58° 39' N. lat., 168° W. long., to Cape Newenham (58° 39' N. lat.), and as its western boundary the Maritime Boundary Agreement Line as that line is described in the text of and depicted in the annex to the Maritime Boundary Agreement between the United States and the Union of Soviet Socialist Republics signed in Washington, June 1, 1990, and as that Maritime Boundary Agreement Line is depicted on NOAA Chart #513 (7th Edition, June 2004) and NOAA Chart #514 (7th Edition, January 2004), adopted by reference.

History

Authority: AS 16.05.251

5 AAC 34.905 Description of Registration Area Q districts {#sec-5-aac-34.905 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.905}

(a) Repealed 6/14/80.

(b) Pribilof District: waters of Registration Area Q south of the latitude of Cape Newenham (58° 39' N. lat.).

(1) Norton Sound Section: waters, north of the latitude of Cape Romanzof (61° 49' N. lat.) and south of 66° N. lat.);

(2) Saint Matthew Island Section: waters north of the latitude of Cape Newenham (58° 39' N. lat.) and south of the latitude of Cape Romanzof (61° 49' N. lat.);

(3) Kotzebue Sound Section: all remaining waters of the district.

History

Authority: AS 16.05.251

5 AAC 34.906 Area Q registration {#sec-5-aac-34.906 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.906}

(a) Registration Area Q is a nonexclusive registration area, except that the Norton Sound Section of the Northern District is a superexclusive registration area.

(b) In the Pribilof District and the St. Matthew Island Section of the Northern District,

(1) for the red and blue king crab fishery, the vessel preseason registration deadline for the registration year is 5:00 p.m. August 24;

(2) for the golden king crab fishery, the vessel registration deadline for the registration year is 21 days before the vessel begins fishing operations.

(c) Before a vessel may be registered under this section, the vessel operator must obtain a CFEC interim-use permit for Bering Sea king crab that references the vessel's ADF&G license number and file a registration form with the department, except that a vessel operator is not required to obtain a CFEC interim-use permit before filing a registration form for the Pribilof District red and blue king crab fisheries or the Saint Matthew Island Section blue king crab fishery. The registration form must identify the vessel and vessel operator and must be received in person, by mail, electronic mail, or facsimile, at the department office in Dutch Harbor or Kodiak by the applicable deadline specified in (b) of this section.

History

Authority: AS 16.05.251
Eff. 11/6/96, Register 140; am 7/21/99, Register 151; am 8/24/2002, Register 163; am 8/14/2005, Register 175; am 9/12/2008, Register 187; am 6/21/2020, Register 234

5 AAC 34.910 Fishing seasons for Registration Area Q {#sec-5-aac-34.910 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.910}

(a) After an opening time and date for taking king crab set forth in (b) - (d) of this section, no person may possess or transport aboard any registered king crab vessel or any tender, any species of king crab until the vessel has complied with the inspection provisions of 5 AAC 34.030(b).

(b) In the Pribilof District,

(1) male red and blue king crab may be taken only from 12:00 noon October 15 through 11:59 p.m. January 15;

(2) repealed 8/24/2002;

(3) male golden king crab may be taken from January 1 through December 31 only under conditions of a permit issued by the commissioner.

(1) male blue king crab may be taken only from 12:00 noon October 15 through 11:59 p.m. February 1;

(2) male golden king crab may be taken from January 1 through December 31 only under conditions of a permit issued by the commissioner.

(d) In the Norton Sound Section of the Northern District, male red king crab, male blue king crab, and male Hanasaki king crab may be taken only as follows:

(1) during a fishing season established by emergency order to open on or after June 15 and close 12:00 noon September 3 (summer season); and

(2) through the ice only, during a fishing season to open February 1 and close April 30, unless extended by emergency order;

(3) the fishing season will be closed for the entirety of 2020 east of 167° W. long.

(e) Repealed 6/30/83.

(f) In the Kotzebue Sound Section,

(1) male red and blue king crab may be taken only as follows:

(A) during the summer season as follows:

(i) in the waters north of 66° N. lat., from 12:00 noon June 15 through August 1;

(ii) repealed 7/16/2006;

(B) through the ice only, from 12:00 noon November 15 through 12:00 noon May 15 (winter season);

(2) male golden king crab may be taken from January 1 through December 31 only under conditions of a permit issued by the commissioner.

(g) Notwithstanding 5 AAC 34.053, a person or vessel that operates commercial pots during the 7 days immediately before the opening of a commercial king crab season in the Norton Sound section of Registration Area Q may not participate in the commercial king crab fishery in that Registration Area.

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 34.915 Norton Sound Section red king crab harvest strategy {#sec-5-aac-34.915 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.915}

(a) The department shall manage the summer and winter commercial seasons of the Norton Sound Section red king crab fishery in accordance with 5 AAC 34.080 and 5 AAC 34.910, as follows:

(1) the threshold level of abundance of legal male red king crab biomass is 1.25 million pounds; the Norton Sound red king crab winter and summer commercial seasons may open only if analysis of preseason survey data indicates that the population of legal male red king crab exceeds this level; if the winter and summer commercial seasons for red king crab are opened under this paragraph,

(A) eight percent of the guideline harvest level may be taken during the winter season; and

(B) any remaining guideline harvest level not taken during the winter season may be taken during the summer commercial season;

(2) if the Norton Sound red king crab season is open under (1) of this subsection and the legal male red king crab biomass is less than two million pounds, the number of legal male red king crab available for harvest will be no more than seven percent of the legal male red king crab abundance;

(3) if the Norton Sound red king crab season is open under (1) of this subsection and the legal male red king crab biomass is at least two million pounds, but less than three million pounds, the number of legal male red king crab available for harvest will be no more than 13 percent of the legal male red king crab abundance;

(4) if the Norton Sound red king crab season is open under (1) of this subsection and the legal male red king crab biomass is three million pounds or more, the number of legal male red king crab available for harvest will be no more than 15 percent of the legal male red king crab abundance;

(6) the commissioner may, by emergency order, reduce by small increments the closed waters described in 5 AAC 34.935(a) to no less than three miles from mean lower low tide to allow the commercial king crab fishery to efficiently obtain the allowable harvest of red king crab.

(b) Notwithstanding 5 AAC 39.690(e)(7), the commissioner may, by emergency order, open a CDQ fishery in Norton Sound, with an allocation of 7.5 percent of the forecasted guideline harvest level for male red king crab.

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 34.917 Saint Matthew Island Section blue king crab harvest strategy {#sec-5-aac-34.917 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.917}

(a) In the Saint Matthew Island Section, the commissioner may, by emergency order, open the blue king crab fishery only if the department's preseason survey estimate of mature male blue king crab equals at least 50 percent of the 1978-2012 average survey estimate of mature males.

(b) If the commercial blue king crab fishery is open under (a) of this section, and the preseason survey estimate of mature males is

(1) at least 50 percent but less than 100 percent of the 1978 - 2012 average survey estimate of mature males, the number of legal males available for harvest will be no more than 0.1 x M x (M/M1978-2012), where M = the current year preseason survey estimate of mature males, and M1978-2012 = the 1978 - 2012 average survey estimate of mature males, or 25 percent of the preseason survey estimate of legal males, whichever is less;

(2) equal to or greater than the 1978 - 2012 average survey estimate of mature males, the number of legal males available for harvest will be no more than 10 percent of the preseason survey estimate of mature males or 25 percent of the preseason survey estimate of legal males, whichever is less.

(c) In implementing this harvest strategy, the Alaska Board of Fisheries directs the department to use the best scientific information available and to consider the reliability of estimates of blue king crab, the manageability of the fishery, and any other factors it determines necessary to be consistent with sustained yield principles.

(d) For the purposes of this section,

(1) "preseason survey estimate" means the

(A) population number present at the time of the preseason survey as estimated directly by the area-swept method from annual trawl survey data, if a stock-assessment model is not used for abundance estimation;

(B) model-estimated population number present at the time of the preseason survey times the estimated survey selectivity and catchability, if a stock-assessment model is used for abundance estimation;

(2) "legal males" means all male blue king crab at least

(A) 5.5 inches in width of shell; or

(B) 120 millimeters in length of shell, if only shell length measurements are available in the preseason survey data;

(3) "mature males" means all male blue king crab at least 105 millimeters in length of shell.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 8/31/2000, Register 155; am 8/24/2002, Register 163; am 8/14/2005, Register 175; em am 10/5/2009 - 2/1/2010, Register 192; am 6/10/2010, Register 194; am 6/27/2014, Register 210; am 7/22/2017, Register 223

5 AAC 34.918 Pribilof District blue king crab harvest strategy {#sec-5-aac-34.918 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.918}

(a) Notwithstanding 5 AAC 34.910(b)(1), in the Pribilof District, the commercial blue king crab fishery will open only if the department's analysis of preseason survey data indicates that the population of blue king crab

(1) contains an estimated spawning biomass of at least 13.2 million pounds for two consecutive years; and

(2) will result in a total allowable catch for the fishery, established under (b) of this section, of at least 0.5 million pounds, not including the community development quota (CDQ) established under 5 AAC 39.690; neither the commercial blue king crab fishery or the CDQ fishery will open if the minimum total allowable catch threshold is not met.

(b) The total allowable catch for the commercial blue king crab fishery is 10 percent of the estimated abundance of mature males or 20 percent of the number of legal males, whichever is less.

(1) use the best scientific information available;

(2) consider the reliability of estimates of blue king crab;

(3) consider the manageability of the fishery; and

(4) consider any other factors the department determines necessary to be consistent with sustained yield principles.

(d) For the purposes of this section,

(1) "estimated spawning biomass" means the estimated biomass of all mature male and female blue king crab;

(2) "legal males" means all male blue king crab that are at least six and one-half inches in width of shell;

(3) "mature males" means all male blue king crab that are at least 120 millimeters in length of shell.

History

Authority: AS 16.05.251
Eff. 12/6/2003, Register 168; am 8/14/2005, Register 175

5 AAC 34.920 Size limits for Registration Area Q {#sec-5-aac-34.920 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.920}

(a) In the Pribilof District, only male red and blue king crab six and one-half inches or greater, and male golden king crab five and one-half inches or greater, in width of shell, may be taken or possessed.

(b) In the Saint Matthew Island Section, only male blue and golden king crab five and one-half inches or greater in width of shell may be taken or possessed.

(c) In the Kotzebue Sound Section, only male red king crab four and three-quarter inches or greater, and male blue and golden king crab five and one-half inches or greater, in width of shell, may be taken or possessed.

(d) In the Norton Sound Section, only the following king crab may be taken or possessed:

(1) male red king crab four and three-quarter inches or greater in width of shell;

(2) male blue king crab five inches or greater in width of shell;

(3) male Hanasaki king crab four and three-quarter inches or greater in width of shell.

(e) Repealed 6/30/84.

History

Authority: AS 16.05.251

5 AAC 34.925 Lawful gear for Registration Area Q {#sec-5-aac-34.925 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.925}

(a) King crab may be taken only with king crab pots, except that during the winter season for king crab in the Norton Sound Section, king crab may be taken through the ice with jigging gear as described in 5 AAC 02.010(a)(2). Jigging gear must be marked as described in 5 AAC 02.010(e)(1). King crab taken by other means must be returned to the water without further harm.

(b) In addition to the requirements of 5 AAC 39.145, in the Pribilof District and the Saint Matthew Island Section and Norton Sound Section of the Northern District, escape mechanism requirements for king crab pots are as follows:

(1) in the Pribilof District, each king crab pot must have at least one-third of one vertical surface of the pot composed of not less than nine-inch stretched mesh webbing;

(2) in the Saint Matthew Island Section, each king crab pot must have eight escape rings with an inside diameter measure of 5.8 inches placed on a vertical plane within one mesh measurement from the bottom of the pot, with four escape rings on two sides of a four-sided pot, or if the pot has no escape rings as specified in this paragraph, then one-half of one vertical side of a four-sided pot must have a side panel composed of not less than eight-inch stretched mesh webbing;

(3) in the Norton Sound Section, each king crab pot must have at least four circular escape rings with a minimum inside diameter of four and one-half inches installed on a vertical plane within one mesh measurement from the bottom of the pot or have at least one half of one vertical surface of a square pot, or sloping side-wall surface of a conical or pyramid pot, composed of not less than six and one-half inch stretched mesh webbing to permit the escapement of undersized crab.

(c) Each pot used to take golden king crab must have no less than four circular escape rings of not less than five and one-half inches inside diameter installed on the vertical plane or have at least one-third of one vertical surface of the pot composed of not less than nine-inch stretched mesh webbing to permit the escapement of undersize golden king crab.

(d) In the Norton Sound and Kotzebue Sound Sections during the winter commercial king crab season, a king crab pot

(1) may be of any dimension or size;

(2) may be operated only through a solid ice cover;

(3) must be attached to the ice by a stake that is legibly marked with the name and address of the operator; and

(4) must have at least four circular escape rings with a minimum inside diameter of four and one-half inches installed on a vertical plane within one mesh measurement of the bottom of the pot or have at least one half of one vertical surface of a square pot, or sloping side-wall surface of a conical or pyramid pot, composed of not less than six and one-half inch stretched mesh webbing to permit the escapement of undersized king crab.

(e) During a commercial king crab season, the following pot limits are in effect:

(1) in the Pribilof District

(A) in the red and blue king crab fisheries, an aggregate of no more than 250 pots may be operated from an individual vessel;

(B) in the golden king crab fishery, an aggregate of no more than 50 pots may be operated from a validly registered king crab vessel with an overall length of more than 125 feet, and an aggregate of no more than 40 pots may be operated from a validly registered king crab vessel with an overall length of 125 feet or less;

(2) in the Norton Sound Section of the Northern District, as follows:

(A) an aggregate of no more than 50 pots may be operated from a validly registered king crab vessel with an overall length of more than 125 feet;

(B) an aggregate of no more than 40 pots may be operated from a validly registered king crab vessel with an overall length of 125 feet or less;

(C) a permit holder may operate no more than 20 pots described in (d) of this section during the winter through-the-ice commercial king crab season described in 5 AAC 34.910(d)(2); only 20 pot tags will be issued to any one permit holder for the entirety of the season;

(3) in the Saint Matthew Island Section of the Northern District,

(A) in the blue king crab fishery, the operator of a vessel that is validly registered for the commercial blue king crab fishery may have on board the vessel, or in the water in fishing condition, no more than 10 groundfish pots, as defined in 5 AAC 28.050(e); notwithstanding 5 AAC 34.050(1) and (a) of this section, blue king crab taken from these pots may be legally retained;

(B) in the golden king crab fishery, an aggregate of no more than 75 pots may be operated from a validly registered king crab vessel with an overall length of more than 125 feet, and an aggregate of no more than 60 pots may be operated from a validly registered king crab vessel with an overall length of 125 feet or less;

(4) in the Kotzebue Sound Section of the Northern District, an aggregate of no more than 50 pots may be operated from a validly registered king crab vessel with an overall length of more than 125 feet, and an aggregate of no more than 40 pots may be operated from a validly registered king crab vessel with an overall length of 125 feet or less.

(f) In Registration Area Q, pots used to take golden king crab may be longlined. Notwithstanding 5 AAC 34.051, a buoy is not required for each pot, but each end of the longline must be marked by a cluster of four buoys. One buoy in the cluster must be marked in accordance with the specifications of 5 AAC 34.051 and include the initials "SL" to identify that the pots are on a shellfish longline. For the purposes of this subsection, "shellfish longline" is a stationary, buoyed, and anchored line with more than one shellfish pot attached.

(g) Repealed 8/14/2005.

(h) Repealed 8/14/2005.

(i) In the districts of Registration Area Q, a registered king crab vessel may not have, at any time in the aggregate, more than the legal limit of gear on board the vessel, in the water in fishing condition, and in the water in nonfishing condition. At the time of tank inspection required under 5 AAC 34.030, the gear must meet all specifications required by this chapter and 5 AAC 39, including identification, escape mechanisms, and mesh size requirements.

(j) A vessel engaged in taking or transporting king crab may not have on board an otter trawl with a ground line or headline longer than 60 feet.

(k) For the purposes of this section, "overall length" means the horizontal distance, rounded to the nearest foot, between the foremost part of the stem and the aftermost part of the stern, excluding bowspirits, rudders, outboard motor brackets, and similar fittings or attachments.

History

Authority: AS 16.05.251

5 AAC 34.926 King crab pot marking requirements for Registration Area Q {#sec-5-aac-34.926 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.926}

(a) Except during the winter through-the-ice commercial king crab season described in 5 AAC 34.910(d)(2), in Registration Area Q, the main buoy or trailer buoy must display one current identification tag and no other tags issued under 5 AAC 34.051.

(b) In Registration Area Q, except in the Norton Sound Section of the Northern District, replacement of identification tags lost during the season is permitted if the vessel operator and three crewmembers submit sworn statements or affidavits, in person, at the department office in Dutch Harbor, describing how the tags were lost and listing the numbers of the lost tags.

(c) In the winter through-the-ice commercial king crab season described in 5 AAC 34.910(d)(2), each king crab pot must have one current identification tag and no other tags issued by the department attached above the ice on the line attached to the pot or on the stake attached to the ice that secures the pot in a manner so that the tag is clearly visible. Current identification tags will be issued at the designated department office at the time the permit holder registers for the winter through-the-ice season. Replacement of identification tags lost during the season is permitted if the permit holder submits a sworn statement or affidavit describing how the tags were lost and listing the numbers of the lost tags.

History

Authority: AS 16.05.251; AS 16.05.632
Eff. 11/6/96, Register 140; am 5/22/2016, Register 218

5 AAC 34.927 King crab pot storage requirements for Registration Area Q {#sec-5-aac-34.927 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.927}

(a) Notwithstanding 5 AAC 34.052, in the Norton Sound Section of Registration Area Q, rectangular king crab pots with all bait and bait containers removed and all doors secured fully open, and cone or pyramid king crab pots with all bait and bait containers removed and all doors not secured closed, may be stored in waters deeper than 25 fathoms only for 72 hours following the closure of the commercial king crab season in the Norton Sound Section.

(b) In the Northern District of Registration Area Q, king crab pots may be stored only in waters north of 59° N. lat., south of 59° 30' N. lat., west of 169° 31' W. long., and east of 171° W. long., or by removal from the water.

(c) From June 1 through August 31, king crab pots may not be stored in the waters around the Pribilof Islands shoreward of the 25-fathom isobath.

History

Authority: AS 16.05.251
Eff. 11/6/96, Register 140

5 AAC 34.935 Closed waters in Registration Area Q {#sec-5-aac-34.935 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.935}

(a) Except as provided in 5 AAC 34.915(a)(6), all waters of the Norton Sound Section enclosed by a line from 64° 24.00' N. lat., 166° 15.00' W. long., to 64° 15.00' N. lat., 166° 15.00' W. long., to 64° 15.00' N. lat., 163° 30.00' W. long., to 64° 10.00' N. lat., 163° 30.00' W. long., to 64° 10.00' N. lat., 162° 00.00' W. long., to 64° 15.00' N. lat., 162° 00.00' W. long., to 64° 15.00' N. lat., 161° 30.00' W. long., to 64° 00.00' N. lat., 161° 30.00' W. long., to 64° 00.00' N. lat., 161° 15.00' W. long., to 63° 32.00' N. lat., 161° 15.00' W. long. are closed to the taking of king crab during the summer season.

(b) King crab may not be taken in waters within 10 miles of mean lower low water around St. Lawrence, King, and Little Diomede Islands.

(c) From November 15 through May 15, the waters of the Norton Sound Section enclosed by a line from 64° 30.17' N. lat., 165° 28.07' W. long., to 64° 27.13' N. lat., 165° 28.07' W. long., to 64° 25.50' N. lat., 165° 17.45' W. long., to 64° 28.55' N. lat., 165° 17.45' W. long., are closed to the taking of king crab.

(d) The waters of Alaska surrounding St. Matthew Island, Hall Island, and Pinnacle Island are closed to the taking of king crab.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 6/28/81, Register 78; am 7/25/82, Register 83; am 6/30/83, Register 86; am 7/14/85, Register 95; am 6/23/99, Register 150; am 8/31/2000, Register 155; am 3/11/2001, Register 157; am 8/24/2002, Register 163; am 5/18/2014, Register 210

5 AAC 34.940 Registration Area Q inspections and inspection points {#sec-5-aac-34.940 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.940}

(a) Registration Area Q inspection points are located at Dutch Harbor, or at other locations specified by the department.

(b) Notwithstanding 5 AAC 34.030, for the Saint Matthew Island Section of Registration Area Q, a registered king crab vessel must, when required by the department, have its holds, live tanks, and freezers inspected by a local representative of the department at Dutch Harbor or additional locations specified by the department within 72 hours before taking or processing king crab.

(c) Notwithstanding 5 AAC 34.030, for the Pribilof District of Registration Area Q, a registered king crab vessel must, when required by the department, have its holds, live tanks, and freezers inspected by a local representative of the department at Dutch Harbor or additional locations specified by the department within 30 hours before taking or processing king crab.

History

Authority: AS 16.05.251

5 AAC 34.941 Landing requirements for Registration Area Q {#sec-5-aac-34.941 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.941}

(a) Notwithstanding 5 AAC 34.031(e), following the closure of any district in Registration Area Q to the taking of a specified species of king crab, a vessel validly registered for that district may not have that species of king crab on board the vessel in waters subject to the jurisdiction of the state, if delivery is made

(1) in the district or registration area in which the king crab were taken, after 30 hours following the closure;

(2) to Dutch Harbor, Akutan, or King Cove from the

(A) Pribilof District of Registration Area Q, after 30 hours following the closure, except that a vessel delivering to King Cove may request additional time to deliver crab under (b) of this section;

(B) Northern District of Registration Area Q in the

(i) Norton Sound Section, after the time specified at check out with a representative of the department in Nome;

(ii) Saint Matthew Island Section, after 72 hours following the closure;

(iii) Kotzebue Sound Section, after 72 hours following the closure.

(b) If a vessel is delivering crab to a location east of King Cove, or if the vessel owner, or the owner's agent, wishes to request additional time to deliver king crab to King Cove under (a)(2)(A) of this section, the

(1) vessel owner, or the owner's agent, shall contact, by radio or telephone, a representative of the department in Dutch Harbor within 24 hours following the closure;

(2) representative of the department in Dutch Harbor shall grant a reasonable amount of additional time for the vessel to reach the port of delivery; the amount of additional time shall be determined under the assumption that the vessel departed the fishing grounds immediately following the closure and proceeded directly to the processing location, except that a vessel may stop en route and offload pots at a storage facility if the vessel operator first contacts a representative of the department in Dutch Harbor and provides information on the location of the storage facility, the expected time of gear placement at that facility, and the expected time the vessel will depart the storage facility en route to the port of delivery.

(c) For purposes of this section, a vessel validly registered for Registration Area Q, or a district or section in Registration Area Q, landing king crab at Dutch Harbor, Akutan, or King Cove will be deemed to have landed its catch in the area for which it is validly registered at the time of landing.

(d) To comply with 5 AAC 34.031(b), the vessel owner, owner's agent, or operator of a tender vessel registered for Registration Area Q that intends to land king crab in another registration area shall make the radio or telephone contact required under (b) of this section with a representative of the department at Dutch Harbor.

History

Authority: AS 16.05.251
Eff. 11/6/96, Register 140; am 8/24/2002, Register 163; am 7/16/2006, Register 179

5 AAC 34.945 Subsistence fishing {#sec-5-aac-34.945 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.945}

Repealed 6/30/79.

5 AAC 34.950 District registration {#sec-5-aac-34.950 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.950}

(a) Vessel and gear registered for Registration Area Q must also be registered for the Northern District before fishing in that district. Vessels and gear registered for the Northern District may not be used to fish in any other district. The registration district shall be indicated on the registration certificate.

(b) Vessel and gear district registration may be voided or changed by the vessel owner or operator by completing a form provided by a local representative of the department. In addition, the representative at Dutch Harbor may authorize changes of district registration over the radio if radio contact is made by the vessel operator, provided the local representative determines that to do so would be consistent with sound enforcement policy.

(c) No vessel licensed as a commercial fishing vessel may have any unprocessed king crab on board within the Northern District in Registration Area Q unless the vessel is registered for that district.

(d) A vessel may be used for the taking of king crab within the Northern District only if it is currently registered for the district and is validly registered for Area Q.

(e) The commissioner may suspend and reinstate any of the requirements of this section if he finds that to do so would be in the public interest.

History

Authority: AS 16.05.251

5 AAC 34.960 Application of regulations in the Norton Sound and Kotzebue Sound Sections of Registration Area Q {#sec-5-aac-34.960 omnilex-key=us-ak-regs-official--title-5--5 AAC 34.960}

(a) From November 15 through May 15, the following regulations in this chapter do not apply in the Norton Sound and Kotzebue Sound Sections:

(1) 5 AAC 34.020;

(2) 5 AAC 34.030;

(3) 5 AAC 34.031;

(4) 5 AAC 34.033;

(5) 5 AAC 34.040(b) and (c);

(6) 5 AAC 34.052;

(7) 5 AAC 34.910(a);

(8) 5 AAC 34.935(a) and (b);

(9) 5 AAC 34.940.

(b) For purposes of this chapter, any craft used to transport king crab over the ice from a fishing location to a buyer is not considered to be a vessel.

History

Authority: AS 16.05.251

Chapter 35 Tanner Crab Fishery

Article 1 Registration Areas

5 AAC 35.001 Application of this chapter {#sec-5-aac-35.001 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.001}

Requirements set out in this chapter apply only to commercial fishing for Tanner crab, unless otherwise specified. Subsistence, personal use, and sport fishing regulations affecting commercial Tanner crab fishing vessels or affecting any other commercial Tanner crab fishing activity are set out in the subsistence fishing regulations in 5 AAC 02, personal use fishing regulations in 5 AAC 77, and sport fishing regulations in 5 AAC 47 - 5 AAC 75.

History

Authority: AS 16.05.251; AS 16.05.258

5 AAC 35.005 Registration areas established {#sec-5-aac-35.005 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.005}

(a) The following are Tanner crab registration areas and their code letters:

Code Letter

A - Southeastern Alaska Area (5 AAC 35.100)

D - Yakutat Area (5 AAC 35.160)

E - Prince William Sound Area (5 AAC 35.300)

H - Cook Inlet Area (5 AAC 35.400)

J - Westward Area (5 AAC 35.500)

(b) Each registration area identified in (a) of this section shall be designated as superexclusive or nonexclusive.

(c) A vessel validly registered for a superexclusive registration area may not be used to take Tanner crab in any other registration area during that registration year. Unless otherwise specified in this chapter, a Tanner crab vessel validly registered for a nonexclusive registration area may not be used to take Tanner crab in a superexclusive registration area during that registration year. A vessel may register for more than one nonexclusive registration area.

History

Authority: AS 16.05.251

5 AAC 35.010 Application of regulations {#sec-5-aac-35.010 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.010}

(a) Unless otherwise specified in this chapter, the regulations in this chapter applicable to a Tanner crab registration area also apply to the adjacent waters of the exclusive economic zone.

(b) The commissioner may suspend the application of this section to all or a portion of the waters of the exclusive economic zone adjacent to a Tanner crab registration area if the commissioner finds that

(1) application of this section fails to facilitate enforcement of regulations applicable to a registration area;

(2) application of this section fails to protect or conserve Tanner crab inhabiting territorial waters of Alaska; or

(3) the state has an insufficient interest in the Tanner crab inhabiting the waters of the exclusive economic zone to warrant extension of the jurisdiction of the state to the exclusive economic zone.

(c) For purposes of this chapter, "exclusive economic zone" means all the waters adjacent to a Tanner crab registration area and seaward to a boundary line drawn in such a manner that each point on the line is 200 nautical miles from the baseline from which the territorial sea is measured.

History

Authority: AS 16.05.251; AS 16.10.190

5 AAC 35.020 Tanner crab area registration {#sec-5-aac-35.020 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.020}

(a) A person may use a vessel to take Tanner crab in a Tanner crab registration area and the exclusive economic zone adjacent to the registration area only if the vessel owner, or the owner's agent, has validly registered the vessel with the department for that Tanner crab registration area.

(b) Unless otherwise specified in this chapter, the vessel owner, or the owner's agent, shall validly register each Tanner crab vessel for a Tanner crab registration area before using the vessel to take Tanner crab in that registration area.

(d) The department shall issue a registration certificate to a Tanner crab vessel if the vessel owner, or the owner's agent, completes a registration form available from the local representative of the department, and if the vessel is licensed and otherwise in compliance with AS 16 and this title. The vessel owner, or the owner's agent, shall sign the registration certificate when it is issued and shall keep it on board the vessel and available at all times during fishing operations. The registration certificate must be shown upon request to any peace officer of the state.

(e) In a Tanner crab registration area or district where tank inspections are required, a vessel registration is not valid until the vessel has had a tank inspection. A tank inspection is not complete unless, at the time of inspection, there is on board the vessel the holder of a valid CFEC interim use or limited entry permit, with the permit in possession, for the registration area or district and the Tanner crab species for which the vessel is registered. Successful completion of the inspection validates the vessel's registration for a registration area. If an inspection is not required in a registration area, compliance with (d) of this section validates the registration.

(f) The department may invalidate a vessel registration to permit the vessel to be used to take crab in other Tanner crab registration areas, except that once a vessel has been inspected for a superexclusive registration area, the department may not invalidate a vessel registration in order to permit the vessel to be used to take Tanner crab in another registration area.

(g) A vessel shall be issued an inspection certificate upon successful completion of an inspection required by this chapter or 5 AAC 35.030. An inspection is not complete unless a current registration certificate for the Tanner crab registration area is shown to the local representative of the department conducting the inspection. The vessel owner, or the owner's agent, shall sign the inspection certificate and shall keep it on the vessel and available at all times during fishing operations. The inspection certificate must be shown upon request to any peace officer of the state.

(h) An operator of a Tanner crab vessel validly registered for a superexclusive registration area may not operate any other Tanner crab vessel registered for any other superexclusive registration area in the same registration year.

(i) Unless otherwise specified in this chapter, a vessel validly registered to take Tanner crab in any Tanner crab registration area may not be used to take any other species of crab in any other crab registration area. A vessel may not be validly registered for more than one Tanner crab registration area at a time.

(j) The commissioner may authorize late registration of a replacement Tanner crab vessel in the event of the loss of a vessel registered for a specific Tanner crab registration area. A replacement vessel authorized to register late shall be registered only for the Tanner crab registration area in which the lost vessel was registered. In order to be authorized to register a replacement vessel under this subsection, the vessel owner, or the owner's agent, shall submit written documentation verifying the loss of the vessel. For purposes of this subsection, "loss of a vessel" means that due to sinking or destruction the vessel is incapable of being used to take Tanner crab during the Tanner crab season in the registration area for which the vessel is registered.

(k) A Tanner crab vessel registration is invalid 24 hours after the closure of the season for that Tanner crab registration area.

(l) If a deadline for a vessel registration for a Tanner crab fishery falls on a Saturday, Sunday, or state holiday, the registration deadline is extended to 5:00 p.m. the next state working day.

History

Authority: AS 16.05.251

5 AAC 35.030 Inspection requirements {#sec-5-aac-35.030 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.030}

By announcement, the commissioner may require a registered Tanner crab vessel to have all holds, live tanks, and freezers inspected before or during an open Tanner crab fishing season.

History

Authority: AS 16.05.251

5 AAC 35.031 Tanner crab landing requirements {#sec-5-aac-35.031 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.031}

(a) Unless otherwise specified in this chapter and except as provided in (b) of this section, a Tanner crab vessel shall land all Tanner crab in the registration area for which it is validly registered at the time of the landing.

(b) The owner, or the owner's agent, of a Tanner crab vessel validly registered for a registration area that intends to land Tanner crab in another registration area shall contact, by radio or telephone, a local representative of the department for an authorization before leaving the registration area for which that vessel is registered and shall submit to an inspection at a location specified by the representative. The vessel owner, or the owner's agent, shall contact the representative located in the registration area for which that vessel is validly registered at the time of the contact. A vessel landing Tanner crab in another registration area under an authorization granted under this subsection may not, at the time of landing, have more Tanner crab on board than were present at the time of the inspection. If the local representative of the department does not require an inspection under this subsection, the vessel owner, or the owner's agent, making radio or telephone contact shall state to the representative the amount of Tanner crab on board the vessel at the time of the contact. A vessel authorized to land Tanner crab in another registration area without an inspection may not land 10 percent more or less Tanner crab than the amount stated at the time of the contact with the representative.

(c) Unless otherwise specified in this chapter, after 24 hours following the closure of a Tanner crab registration area, a Tanner crab vessel registered for that area may not have Tanner crab on board while it is in waters subject to the jurisdiction of the state

(1) unless the vessel is otherwise in compliance with 5 AAC 35.020, and 5 AAC 35.030 if applicable;

(2) unless the vessel owner, or the owner's agent, has contacted in person or by radio or telephone a local representative of the department at a landing port or inspection point specified in this chapter or by the department, and the representative has authorized the extended possession of Tanner crab; contact with the representative must be made within the 24-hour period following the season closure for the registration area;

(3) unless the vessel owner, or the owner's agent, that catches and processes Tanner crab has complied with the gear storage requirements in 5 AAC 35.052(a)(1), and the landing requirements specified in this section or specified for a specific registration area, and has contacted a local representative of the department within the times specified in this subsection, and the representative has authorized extended possession of Tanner crab for purposes of processing or transportation;

(4) unless, if the Tanner crab are processed, no more than 90 days have passed since the closure of the registration area or district, and the vessel is carrying a department-approved onboard observer for the entire 90-day period.

(d) Except in Registration Area A, the provisions of (a) - (c) of this section also apply to the closure of districts, subdistricts, sections, or any other portion of a registration area.

(e) The owner, or the owner's agent, of a vessel landing Tanner crab under an authorization granted under (b) of this section shall attach the inspection certificate issued under 5 AAC 35.020 to the back of the department copy of the fish ticket at the time the Tanner crab are landed.

(f) The owner, or the owner's agent, of a Tanner crab vessel that has sunk or upon which the death of a crewmember has occurred that prevents timely removal or storage of gear at the time of closure, as specified in 5 AAC 35.052, may apply to the commissioner for a permit to sell legal size male Tanner crab taken when the pots are retrieved by the vessel owner, or the owner's agent, after the Tanner crab season is closed in the registration area. The application must be made within 14 days after the sinking of the vessel or death of a crewmember as described in this subsection. A fish ticket for a delivery made under this subsection must attribute the harvest of the Tanner crab to the lost vessel or the vessel upon which the death of a crewmember has occurred.

(g) A catcher-processor vessel carrying processed Tanner crab out of state waters that had 100 percent onboard observer coverage during the fishing season, is not required to carry an onboard observer while transiting out of state waters if

(1) the vessel departs to the port where it will off-load its Tanner crab within 21 days after departing the registration area;

(3) the vessel has a pre-transit inspection by the department before departing;

(4) the vessel proceeds immediately and directly to the port where it will off-load Tanner crab;

(5) the vessel owner, or the owner's agent, notifies the department upon arrival at the port where the vessel will off-load Tanner crab;

(6) the vessel owner, or the owner's agent, complies with any department request for copies of off-load shipping documents; and

(7) the vessel owner, or the owner's agent, cooperates with a department request for an independent third party verification of an off-loading under this section.

History

Authority: AS 16.05.251
Eff. 9/29/96, Register 139; am 7/21/99, Register 151; am 8/24/2002, Register 163; am 8/14/2005, Register 175; am 8/28/2005, Register 175

5 AAC 35.033 Tenders for Tanner crab {#sec-5-aac-35.033 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.033}

(a) A vessel used to tender Tanner crab for a vessel validly registered to take Tanner crab may not have Tanner crab gear or equipment on board the tendering vessel and may not use that vessel to take Tanner crab.

(b) Before engaging in a tendering operation, the operator of a tendering vessel shall register that vessel with a local representative of the department within the Tanner crab registration area, district, or section in which the operator intends to operate that vessel.

(c) Before leaving a Tanner crab registration area, district, or section for which it is registered, the operator of a tendering vessel shall contact, in person or by radio or telephone, a local representative of the department in the registration area where the vessel is operating. At the time of the contact with the representative, the tendering vessel operator shall state the number of Tanner crab on board the vessel and the vessel's unloading destination.

History

Authority: AS 16.05.251

5 AAC 35.035 Closure of Tanner crab registration areas and appeal procedure {#sec-5-aac-35.035 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.035}

Within five days after the closure of a Tanner crab registration area or portion of a registration area, the owner, or the owner's agent, of a Tanner crab vessel that was validly registered for that area may formally request, in writing, that the commissioner reopen the area. The commissioner shall consider all relevant information concerning the condition of Tanner crab stocks within the closed registration area. Within 14 days after the receipt of the request, the commissioner shall publicly announce a decision to retain the closure or reopen the area by emergency order.

History

Authority: AS 16.05.060; AS 16.05.251; AS 16.05.270

Article 2 General Provisions

5 AAC 35.050 Lawful gear for Tanner crab {#sec-5-aac-35.050 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.050}

Unless otherwise specified in this chapter,

(1) Tanner crab may be taken only with Tanner crab pots and ring nets; Tanner crab taken by other means must be returned to the water without further harm;

(2) a Tanner crab pot is a pot that is no more than 10 feet long by 10 feet wide by 42 inches high with rigid tunnel eye openings that individually are less than five inches (13 cm) in one dimension with tunnel eye opening perimeters that individually are more than 36 inches (91.4 cm) or a pot that is no more than 10 feet long by 10 feet wide by 42 inches high and that tapers inward from its base to a top that consists of one horizontal opening of any size;

(3) Tanner crab pots with tunnel eye openings on the vertical plane of the pot that are used to take Tanner crab during the closed king crab season in any area may not have tunnel eye openings more than five inches (13 cm) in height.

History

Authority: AS 16.05.251

5 AAC 35.051 Tanner crab gear marking requirements {#sec-5-aac-35.051 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.051}

At least one buoy on each Tanner crab pot or ring net must be legibly marked with the permanent ADF&G vessel license plate number of the Tanner crab vessel operating the gear. The buoy must bear only the number of the vessel used in operating the gear. The number shall be painted on the top one-third of the buoy in numerals at least four inches high and one-half inch wide, in a color contrasting to that of the buoy. The buoy markings must be visible on the buoy above the water surface when the buoy is attached to the crab pot.

History

Authority: AS 16.05.251; AS 16.05.632
Eff. 9/29/96, Register 139

5 AAC 35.052 Tanner crab gear storage requirements {#sec-5-aac-35.052 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.052}

(a) Unless otherwise specified in this chapter, during the closed season for Tanner crab in a registration area, Tanner crab pots must be removed from the water, except rectangular Tanner crab pots with all bait and bait containers removed and with all doors secured fully open, and cone or pyramid Tanner crab pots with all bait and bait containers removed and with all doors not secured closed, may be stored in waters

(1) of 25 fathoms or less in depth; or

(2) deeper than 25 fathoms only for

(A) seven days following the season closure for Tanner crab in that registration area;

(B) 72 hours following the closure of any portion of that registration area;

(3) if the vessel owner, or the owner's agent, has contacted, in person or by radio or telephone, the local representative of the department at a landing port or inspection port specified in this chapter for a specific registration area or a port specified by the department and has requested and been granted an extension of time to remove and store pots due to a major vessel breakdown or extreme weather conditions.

(b) A pot stored under this section may not have any portion of the line attaching the pot to a buoy or buoys floating on the surface of the water at any time, except for that portion of the line connecting the main buoy to a trailer buoy or buoys.

History

Authority: AS 16.05.251
Eff. 9/29/96, Register 139

5 AAC 35.053 Operation of other pot gear {#sec-5-aac-35.053 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.053}

Unless otherwise specified in 5 AAC 31 - 5 AAC 38,

(1) in a Tanner crab registration area, or with respect to Registration Area J, in a district of Registration Area J,

(A) a person or vessel that operates commercial, subsistence, sport, or personal use pots, during the 14 days immediately before the opening of the commercial Tanner crab season may not participate in the commercial Tanner crab fishery in the Tanner crab registration area where the fishing with pots occurred, except that a person or vessel is not disqualified from the commercial Tanner crab fishery by placing the vessel's Tanner crab pots in storage, as specified in 5 AAC 35.052;

(B) a person or vessel that participates in a commercial Tanner crab fishery may not operate commercial, subsistence, sport, or personal use pots in that registration area during the 14 days after the close of the commercial Tanner crab season, except a vessel or person may operate other commercial pots in that registration area after

(i) placing the vessel's Tanner crab pots in storage, as specified in 5 AAC 35.052; and

(ii) the vessel owner, or the owner's agent, contacts a representative of the department, in person, and requests that the Tanner crab registration be invalidated; unless the registration is already invalidated under 5 AAC 35.020(k).

(2) during a commercial Tanner crab fishery, a person or vessel validly registered for that fishery may not operate commercial, subsistence, sport, or personal use pots other than commercial Tanner crab pots, except that a person or vessel may stop participating in the commercial Tanner crab fishery and instead operate commercial pots other than Tanner crab pots if

(A) the vessel's Tanner crab pots are put in storage as specified in 5 AAC 35.052; and

(B) the vessel owner, or the owner's agent, contacts a representative of the department, in person, and requests that the Tanner crab registration be invalidated.

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 9/29/96, Register 139; am 9/30/99, Register 151; am 8/24/2002, Register 163; am 9/19/2019, Register 231

5 AAC 35.055 Permits for processing vessels {#sec-5-aac-35.055 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.055}

The owner or operator of a vessel used in the processing of Tanner crab shall obtain a permit from the department before starting processing operations. The permit must contain the following requirements:

(1) reporting of vessel location to the department;

(2) reporting of harvesting or processing operations to the department;

(3) reporting of unloading and transport operations to the department;

(4) permission for local representatives of the department to inspect at any time the vessel's holds, live tanks, freezers, processing areas, and processed and unprocessed Tanner crab; and

(5) reporting of any other information required by the department for the conservation and development of Tanner crab resources.

History

Authority: AS 16.05.251; AS 16.05.685
Eff. 7/25/82, Register 83; am 6/30/83, Register 86

5 AAC 35.057 Postseason Tanner crab pot recovery permits {#sec-5-aac-35.057 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.057}

(a) The department may issue, under the provisions of this section, a permit for the Bering Sea, Eastern Aleutian, and Western Aleutian Districts of Registration Area J to a person or vessel to recover

(1) lost Tanner crab pot gear belonging to another vessel or person; or

(2) Tanner crab pot gear for a vessel that has experienced a major mechanical breakdown.

(b) The permit issued under this section may specify

(1) requirements for a vessel area check-in and check-out procedure to be used by the vessel or person;

(2) requirements for the vessel or person to notify the department by radio, telephone, or telex at the beginning and the completion of the pot gear recovery operations;

(3) requirements for vessel tank inspections before, and at the conclusion of, the pot recovery operation at locations specified by the department;

(4) other necessary conditions as determined by the department.

(c) Before receiving a permit under this section to recover Tanner crab pot gear belonging to another vessel or person, the permit applicant must furnish to the department written authorization for the requested pot gear recovery from the owner of the lost gear or the owner or operator of the vessel experiencing a major mechanical breakdown. If the recovery permit is being issued to recover lost gear, the authorization must contain the last known location of the Tanner crab pots and specific identification markings. If the recovery permit is being issued due to a major mechanical breakdown of a vessel, the authorization must include the exact location of the Tanner crab pots and specific identification markings and a written explanation by a qualified repair facility detailing the extent of the damage and estimated time for repairs.

(e) All crab remaining in any pot gear recovered under this section must be immediately returned to the sea without further harm.

History

Authority: AS 16.05.251
Eff. 8/8/99, Register 151

5 AAC 35.060 Size limit for Tanner crab {#sec-5-aac-35.060 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.060}

(a) Unless otherwise provided in this chapter, male Tanner crab of the species Chionoecetes bairdi five and one-half inches or greater in width of shell may be taken or possessed.

(b) Width measurement of Tanner crab shall be the greatest straight-line distance across the carapace at a right angle to a line midway between the eyes to the midpoint of the posterior portion of the carapace and shall include the spines.

History

Authority: AS 16.05.251

5 AAC 35.065 Female and undersize Tanner crab {#sec-5-aac-35.065 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.065}

Male Tanner crab less than minimum size and female Tanner crab may not be taken or possessed. Such Tanner crab which have been taken must be immediately returned unharmed to the sea.

History

Authority: AS 16.05.251(a)

5 AAC 35.067 Tanner crab pots {#sec-5-aac-35.067 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.067}

Repealed 6/14/80.

5 AAC 35.070 Registration {#sec-5-aac-35.070 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.070}

(a) Repealed 9/29/96.

(b) Repealed 4/13/80.

5 AAC 35.071 Interim application of regulations {#sec-5-aac-35.071 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.071}

Repealed 6/28/75.

5 AAC 35.075 Reporting of Tanner crab catches lost or not purchased {#sec-5-aac-35.075 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.075}

(a) Each Tanner crab fisherman shall indicate on the fish ticket at the time of landing any Tanner crab harvested which are not purchased by the processor or buyer, or which have been dumped at sea.

(b) Each buyer of Tanner crab shall indicate on the fish ticket any Tanner crab which was not purchased from a load.

History

Authority: AS 16.05.251(a)

5 AAC 35.080 Harvest strategy {#sec-5-aac-35.080 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.080}

The department shall establish an annual harvest strategy for each Tanner crab stock that is consistent with the board's Policy on King and Tanner Crab Resource Management (90-04-FB, March 23, 1990), adopted by this reference. If adequate data are available, the department shall establish a threshold level of abundance for each stock and may not allow fishing on any stock that is below its threshold level of abundance. Data used to determine guideline harvest levels and, if appropriate, exploitation rates, may include estimates of exploitable biomass, estimates of recruitment, estimates of threshold level of abundance, estimates of acceptable biological catch, historical fishery performance data, estimates of reproductive potential, and market or other economic considerations. Except for those closures authorized by 5 AAC 35.035, the department may not change established harvest strategies unless the board has reviewed the change.

History

Authority: AS 16.05.251
Eff. 6/24/93, Register 126

5 AAC 35.081 Definition of "rigid" as applied to tunnel eye openings {#sec-5-aac-35.081 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.081}

In this chapter, "rigid," as applied to Tanner crab pot tunnel eye openings, means that after placing 20 pounds of pressure, in any direction, anywhere around the perimeter of the tunnel eye opening, the opening is no larger than a maximum dimension allowed under this chapter.

History

Authority: AS 16.05.251
Eff. 9/29/96, Register 139

Article 3 (Repealed)

5 AAC 35.082 Permits for tanneri and angulatus Tanner crab {#sec-5-aac-35.082 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.082}

Repealed.

History

Eff. 7/23/88, Register 107; am 6/15/95, Register 134; repealed 8/14/96, Register 139

5 AAC 35.085 Agreements for use privilege {#sec-5-aac-35.085 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.085}

Repealed.

Article 4 (Repealed)

Registration Area A has as its southern boundary the International Boundary at Dixon Entrance, and as its northern boundary a line extending seaward from the western tip of Cape Fairweather at 58° 47.89' N. lat., 137° 56.68' W. long., to the intersection with the seaward limit of the exclusive economic zone at 56° 07.31' N. lat., 141° 44.74' W. long.

History

Authority: AS 16.05.251

5 AAC 35.105 Description of Registration Area A districts {#sec-5-aac-35.105 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.105}

Registration Area A districts are described in 5 AAC 33.200.

History

Authority: AS 16.05.251
Eff. 12/14/86, Register 100; am 9/29/96, Register 139

5 AAC 35.106 Area A registration {#sec-5-aac-35.106 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.106}

(a) Registration Area A is a superexclusive registration area.

(b) A Tanner crab vessel may not be registered in Registration Area A simultaneously as both a pot and ring net vessel. A vessel's registration may be changed during the open Tanner crab season if the owner, or the owner's agent, submits a written request for a change in registration to the department for validation.

(c) In Registration Area A, the vessel registration under 5 AAC 35.020 must be completed no later than 30 days before the scheduled opening date of the commercial Tanner crab season.

(d) Before a vessel that is registered to fish for both golden king crab and Tanner crab in Registration Area A may be used to fish for golden king crab in a portion of Registration Area A that is closed to commercial Tanner crab fishing, all Tanner crab must be removed from the vessel and the vessel owner, or the owner's agent, must have the vessel's Tanner crab registration invalidated by the department. Once the vessel's Tanner crab registration is invalidated, Tanner crab may not be retained on or sold from that vessel.

(e) Before a vessel that is registered to fish for only golden king crab in Registration Area A may be registered to fish for Tanner crab in Registration Area A, the vessel owner, or the owner's agent, must remove all gear operated from that vessel from the waters of that portion of Registration Area A that is closed to commercial Tanner crab fishing.

History

Authority: AS 16.05.251
Eff. 9/29/96, Register 139; am 8/8/99, Register 151; am 2/14/2004, Register 169; am 8/14/2005, Register 175

5 AAC 35.110 Fishing season for Registration Area A {#sec-5-aac-35.110 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.110}

(a) Male Tanner crab may only be taken only from 10:00 a.m. on the date following the largest Juneau tidal range between February 10 and February 17, as announced by emergency order, through May 1.

(b) A season opening may be delayed if the National Weather Service forecast for the major fishing areas in the Southeast Region contains freezing spray or gale force wind warnings of 35 knots and higher on the 4:00 a.m. forecast for the day before the start date and the following day, in which case the season opening in all sections of Registration Area A eligible for a season opening will be delayed 24 hours. Announcement of a season opening delay will be issued 24 hours before the start of the fishery. If freezing spray or gale warnings continue regionwide after the initial delay, the season opening in all eligible sections may be delayed an additional 24 hours. A season opening delay may continue on a rolling 24-hour basis. For the purposes of this subsection, the corresponding National Weather Service forecast areas considered within the Southeast Region are as follows:

(1) Southern Lynn Canal;

(2) Northern Chatham Strait;

(3) Stephens Passage;

(4) Frederick Sound.

History

Authority: AS 16.05.251

5 AAC 35.111 District 15 Tanner Crab Management Plan {#sec-5-aac-35.111 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.111}

Repealed 6/24/93.

5 AAC 35.112 Permits for tanneri and angulatus Tanner crab in Registration Area A {#sec-5-aac-35.112 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.112}

(a) Male Tanner crab of the species Chionoecetes tanneri and Chionoecetes angulatus may be taken in Registration Area A only under the conditions of a permit issued by the commissioner.

(b) C. tanneri and C. angulatus Tanner crab may be taken only with pots as follows:

(1) no more than 100 pots may be operated from a vessel;

(2) pots may be longlined.

(d) The permit required in (a) of this section

(1) may, notwithstanding (c) of this section, restrict the depth of fishing operations;

(2) may specify season dates; the season may be closed during periods before and after other shellfish fisheries;

(3) may specify areas of fishing operations by district, subdistrict, or registration subareas;

(4) may establish minimum legal size limits;

(5) may require an onboard observer during all operations;

(6) may specify the type, size, and configuration of pots; pots must include an escape mechanism designed to allow female and undersize male crab to exit the pot during fishing operations;

(7) may require mandatory completion of logbooks provided by the department and require that the logbooks be attached to the fish ticket at the time of landing; and

(8) may set other conditions deemed necessary by the commissioner for conservation and management purposes.

(e) Participants must hold a Registration Area A Tanner crab limited entry permit (either permanent or interim) and, except as provided in (f) of this section, may not have fished in any other superexclusive registration area for Tanner crab.

(f) Notwithstanding 5 AAC 35.005, participation in superexclusive Chionoecetes bairdi or Chionoecetes opilio Tanner crab fisheries does not exclude a vessel or permit holder from participation in the permit fishery under this section in any area during periods when other Tanner crab fisheries in that area are closed.

History

Authority: AS 16.05.251
Eff. 8/14/96, Register 139; am 11/6/96, Register 140

5 AAC 35.113 Registration Area A Tanner crab harvest strategy {#sec-5-aac-35.113 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.113}

(a) In Registration Area A, the minimum stock threshold for a commercial Tanner crab fishery is 2,300,000 pounds of mature male Tanner crab, measured by one-half of the long-term average (1997 - 2007) of mature male abundance. If the estimated abundance of mature male Tanner crab is below 2,300,000 pounds, the commercial Tanner crab fishery will remain closed.

(b) The department shall manage the commercial Tanner crab fishery under a harvest strategy in which the commissioner, by emergency order, opens and closes fishing periods as follows:

(1) the initial period of the commercial Tanner crab fishing season in the core areas, noncore areas, inside exploratory areas, and outside exploratory areas will be at least five days in length, and may be increased with additional fishing days allowed based on the estimated biomass of mature male crab and the number of registered pots at the start of the fishery, as follows:

Pots registered Additional fishing days If the mature biomass is

at least 2,300,000

pounds, but less than

5,500,000 poundsIf the mature biomass is

5,500,000 pounds or

greater1,600 - 2,3994 additional days5 additional days2,400 - 3,1993 additional days4 additional days3,200 - 3,9992 additional days3 additional days4,000 - 5,5991 additional day2 additional days5,600 - 7,0000 additional days1 additional day

(2) at the end of the initial period, the core areas will close to fishing, and the noncore, inside exploratory areas, and outside exploratory areas will remain open for an additional five days; after the noncore areas close to fishing, the inside exploratory areas and outside exploratory areas will remain open for an additional fourteen days; after the inside exploratory areas close to fishing, the outside exploratory areas will remain open through March 31.

(1) "core areas" includes the following waters in Registration Area A:

(A) Icy Strait: waters west of a line from Point Sophia to 58° 14.00´ N. lat., 135° 16.00´ W. long., including the waters of Port Frederick and Excursion Inlet, and waters east of Section 14-A, including the waters of Glacier Bay not closed by the National Park Service;

(B) St. James Bay: waters west of a line from Point Whidbey to 58° 33.00´ N. lat., 135° 09.60´ W. long.;

(D) Section 11-A: waters of Section 11-A in Stephens Passage;

(E) Section 11-B: waters north of line from Point Arden to Circle Point and east of a line from Point Arden to Point Bishop, including all waters of Taku Inlet;

(F) Seymour Canal: waters north of 57° 37.00´ N. lat.;

(G) Port Snettisham: waters east and north of a line from Point Styleman to Point Anmer;

(H) Endicott Arm and Tracy Arm: waters east of a line from Point Coke to Point Astley;

(I) Gambier Bay: waters west of a line from Point Gambier to 57° 24.90´ N. lat., 133° 53.00´ W. long.;

(J) Pybus Bay: waters north and west of a line from Point Pybus to the easternmost tip of San Juan Island to a point at 57° 14.60´ N. lat., 134° 07.30´ W. long.;

(K) Section 13-C, excluding Sitkoh Bay;

(L) Keku Strait, Port Camden and associated bays: waters southeast of a line from Cornwallis Point at 56° 55.91´ N. lat., 134° 16.42´ W. long. to Point McCartney at 57° 01.49´ N. lat., 134° 03.51´ W. long. and west of a line from Point Camden at 56° 48.66´ N. lat., 133° 52.79´ W. long. to Salt Point Light at 56° 50.68´ N. lat., 133° 52.02´ W. long.;

(M) Frederick Sound: waters east of a line from Bay Point to Boulder Point including Farragut Bay, Thomas Bay, Section 8-A, and Section 8-B, and north and east of a line from Mitchell Point to Point St. John, including Kah Sheets Bay, Duncan Canal, and Wrangell Narrows;

(2) "noncore areas" includes all waters of Alaska in those portions of districts in Registration Area A that are not described in (1) and (4) of this subsection;

(3) "outside exploratory areas" includes all waters of Registration Area A in the exclusive economic zone;

(4) "inside exploratory areas" includes all waters of Registration Area A within Districts 1, 2, 3, and 4 as described in 5 AAC 33.200.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 7/29/2009, Register 191; am 6/17/2018, Register 226; am 9/24/2021, Register 239; am 9/25/2022, Register 243

5 AAC 35.115 Guideline harvest level for Registration Area A {#sec-5-aac-35.115 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.115}

Repealed.

5 AAC 35.116 Tanner crab ring net harvest management policy for Registration Area A {#sec-5-aac-35.116 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.116}

The Registration Area A Tanner crab fishery is to be regulated in a manner that will result in no less than 96 percent of the Tanner crab catch being taken by the pot fishery and no more than four percent by the ring net fishery. This is a long-term management goal and does not require the department to use emergency order authority to achieve the goal within any one season. Based upon the percent of the total harvest taken by ring net fishermen during the general fishing season, the department may restrict the time allowed in the subsequent year's general season to restrain the harvest by ring net fishermen so as not to exceed the four percent guidelines.

History

Authority: AS 16.05.251
Eff. 9/19/90, Register 115; am 9/29/96, Register 139

5 AAC 35.120 BCS control measures {#sec-5-aac-35.120 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.120}

(a) The department shall manage Tanner crab stocks in Registration Area A to minimize the spread, and to reduce the incidence, of bitter crab syndrome (BCS). The department shall identify areas of significant infection by BCS, in which the following restrictions apply:

(1) a person shall contact a local representative of the department before fishing for Tanner crab in an area of significant infection by BCS and shall contact a local representative of the department before leaving the area; all fishing vessels shall deliver all Tanner crab harvested in an area of significant infection by BCS to a tender or processor, and may not discard the crab overboard;

(2) an operator of a tender vessel shall contact a local representative of the department before operating in an area of significant infection by BCS; an operator of a tender vessel that takes crab on board in such an area

(A) shall transport all Tanner crab harvested in the BCS area directly to a processing facility;

(B) may not accept Tanner crab from fishing vessels after leaving the area;

(b) By emergency order, the department may open the commercial Tanner crab season after October 1 in areas of significant infection by BCS.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 6/24/93, Register 126; am 9/29/96, Register 139

5 AAC 35.125 Lawful gear for Registration Area A {#sec-5-aac-35.125 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.125}

(a) Tanner crab may be taken only with Tanner crab pots or ring nets. Tanner crab taken by other means must be returned to the water without further harm.

(b) The following Tanner crab gear limits are in effect in Registration Area A:

(1) no more than 80 Tanner crab pots may be operated from a vessel registered to fish for Tanner crab;

(2) no more than 20 Tanner crab ring nets may be operated from a vessel registered to fish for Tanner crab;

(4) when the commercial red king crab and Tanner crab seasons are open in Registration Area A at the same time, no more than the number of pots allowed under 5 AAC 34.125 may be operated from a vessel registered to fish for both king and Tanner crab;

(5) Tanner crab ring nets may not be longlined.

(c) In Registration Area A, a Tanner crab ring net is a bag-shaped net suspended between no more than two frames. The bottom frame may not be larger in perimeter than the top frame and the maximum diameter of the ring net may not exceed six feet for a round ring net. For a ring net with a frame that is not round, the area encompassed by the larger frame may not exceed 29 square feet. The ring net web must be nonrigid and collapsible, and must lay flat so that when fishing it does not prohibit free movement of fish or shellfish across the net.

(d) In Registration Area A, a registered Tanner crab vessel may not have, at any time in the aggregate, more than the legal limit of gear on board the vessel, in the water in fishing condition, and in the water in nonfishing condition.

(e) Repealed 9/27/2009.

(f) In Registration Area A, pots used to take Tanner crab must be rigged to permit escapement of undersize Tanner crab as follows:

(1) at least one-third of one vertical surface of a square pot, or sloping surface of a conical or pyramid pot, must be composed of not less than seven-inch stretched mesh webbing, placed on the bottom one-third of the vertical or sloping sidewall surface of the pot; or

(2) no less than four circular escape rings of four and three-quarters inch minimum inside diameter must be installed on the vertical plane of a square pot, or the sloping sidewall surface of a conical or pyramid pot; the lowest edge of each escape ring must be within eight inches of the top of the bottom web bar on the pot; one escape ring must be installed in each quadrant of the pot.

History

Authority: AS 16.05.251

5 AAC 35.126 Tanner crab gear marking requirements for Registration Area A {#sec-5-aac-35.126 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.126}

(a) In addition to the requirements of 5 AAC 35.051, in Registration Area A, in locations where a Tanner crab pot limit is in effect, each Tanner crab pot must have one identification tag issued by the department placed on the main buoy or on the trailer buoy if more than one buoy is attached to the pot.

(b) Identification tags are issued before each fishing season, are uniquely numbered for each registration year, and will be issued to the CFEC permit holder at the time of vessel registration. The permit holder, or the permit holder's agent, shall apply for identification tags at a department office designated to issue the tags. Replacement of tags lost during the season is permitted if the permit holder and at least one crewmember submit sworn statements or affidavits, in person, at a department office in Registration Area A, describing how the tags were lost and listing the numbers of the lost tags.

(d) If multiple CFEC permit holders are registered to fish from a vessel simultaneously for the Tanner crab and golden king crab fisheries, the tags are issued to the vessel for the duration of the fishing seasons.

History

Authority: AS 16.05.251; AS 16.05.632
Eff. 9/29/96, Register 139; am 6/17/2018, Register 226

5 AAC 35.127 Tanner crab gear storage requirements for Registration Area A {#sec-5-aac-35.127 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.127}

(a) Rectangular Tanner crab pots with all bait and bait containers removed and all doors secured fully open, and cone or pyramid Tanner crab pots with all bait and bait containers removed and all doors not secured closed, may be stored in the water only

(1) for seven days following the season closure for Tanner crab in Registration Area A;

(2) for five days following the season closure for Tanner crab in any portion of Registration Area A;

(3) during the 10 days before the opening of the commercial king and Tanner crab seasons in Registration Area A only under the following conditions:

(A) a pot may not be stored in waters deeper than 10 fathoms at mean low tide; and

(B) buoys must be attached to stored pots and must be marked as specified in 5 AAC 35.051, except that a stack of stored Tanner crab pots or ring nets may be marked with a single buoy.

(b) Ring nets with all bait and bait containers removed may be stored in the water as specified in (a) of this section.

History

Authority: AS 16.05.251
Eff. 9/29/96, Register 139; am 8/8/99, Register 151; am 7/29/2009, Register 191

5 AAC 35.128 Operation of other gear in Registration Area A {#sec-5-aac-35.128 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.128}

(a) A person or vessel that operates commercial, subsistence, sport, or personal use pots or ring nets, other than commercial shrimp pots or Dungeness crab pots, during the 30 days immediately before the scheduled opening date of the commercial Tanner crab season in Registration Area A may not participate in that Tanner crab fishery.

(b) Notwithstanding 5 AAC 31.053(d), 5 AAC 32.053(d), and 5 AAC 35.053(2), a person or vessel may operate commercial shrimp pots or Dungeness crab pots during an open Tanner crab season in Registration Area A if the commercial shrimp or Dungeness crab season is open in Registration Area A at the same time as the commercial Tanner crab season.

(c) Notwithstanding 5 AAC 35.053(1), during the 14 days after the close of any portion of the commercial Tanner crab season in Registration Area A, a person or vessel that participated in a commercial Tanner crab fishery may operate commercial, subsistence, sport, or personal use pots in Tanner crab Registration Area A after the person or vessel

(1) puts Tanner crab pots in storage, as set out under 5 AAC 35.052; and

(2) invalidates the vessel's Tanner crab registration by contacting, in person, a local representative of the department, unless the registration is already invalid under 5 AAC 35.020(k).

(d) During the commercial Tanner crab fishery, the operator of a vessel that is validly registered for the commercial Tanner crab fishery may have on board the vessel, or in the water in fishing condition, no more than 30 groundfish pots as defined in 5 AAC 28.050(e) and 5 AAC 39.145(5), to harvest bait as described in 5 AAC 28.190. Tanner crab may not be retained while the vessel is fishing for bait and must be immediately returned to the water unharmed. Buoys attached to the pots must have the word "LP-BAIT" on the top half of the buoy and be marked as set out under 5 AAC 28.050(b)(2). Pots used to harvest bait may be longlined and are exempt from the provisions of 5 AAC 28.050(f)(1).

(e) Fish retained for use as bait must be recorded on fish tickets as set out under 5 AAC 28.190(5).

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 9/29/96, Register 139; am 5/8/98, Register 146; am 8/8/99, Register 151; am 6/17/2018, Register 226; am 6/27/2025, Register 254

5 AAC 35.130 Logbooks {#sec-5-aac-35.130 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.130}

(a) In Registration Area A, an operator of a vessel registered to fish using pot gear in the commercial Tanner crab fishery shall complete logbooks provided by the department.

(b) Logbooks described in (a) of this section shall be

(1) updated daily;

(2) sealed in envelopes provided by the department to maintain confidentiality; and

(c) A catcher-seller described in 5 AAC 39.130 shall attach logbooks described in this section to the department copy of fish tickets.

(d) A person may not make a false entry in the logbook required in (a) of this section.

History

Authority: AS 16.05.251
Eff. 3/15/96, Register 137; am 8/24/2002, Register 163

5 AAC 35.140 Registration Area A inspection points {#sec-5-aac-35.140 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.140}

Registration Area A inspection points are located at Ketchikan, Wrangell, Petersburg, and Juneau or at other locations specified by the department.

History

Authority: AS 16.05.251

5 AAC 35.143 Reporting requirements for Tanner crab in Registration Area A {#sec-5-aac-35.143 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.143}

In addition to the reporting requirements in 5 AAC 39.130 and 5 AAC 35.075, the commissioner may require an owner or operator of a vessel registered to fish in the commercial Tanner crab fishery in Registration Area A to report to a local representative of the department the following information:

(1) the number of legal male Tanner crab on board the vessel and the number of pot lifts conducted during the fishing period in any fishing area, district, or portion of a district; and

History

Authority: AS 16.05.251
Eff. 8/24/2002, Register 163

5 AAC 35.145 Subsistence fishing {#sec-5-aac-35.145 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.145}

Repealed 6/30/79.

5 AAC 35.150 Closed waters {#sec-5-aac-35.150 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.150}

Repealed 7/25/82.

5 AAC 35.151 Closed waters in Registration Area A {#sec-5-aac-35.151 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.151}

Repealed.

History

Eff. 6/30/83, Register 86; am 12/14/86, Register 100; am 9/29/96, Register 139; am 8/8/99, Register 151; repealed 8/24/2002, Register 163

5 AAC 35.155 Registration Area A closures {#sec-5-aac-35.155 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.155}

Within 24 hours following closure of Registration Area A to the taking of Tanner crab, all vessels with Tanner crab on board must arrive at a processing facility and remain until offloading of crab is complete, unless the vessel is otherwise in compliance with 5 AAC 35.031(c).

History

Authority: AS 16.05.251
Eff. 7/14/85, Register 95; am 12/14/86, Register 100; am 9/29/96, Register 139

Article 6 Registration Area D (Yakutat)

5 AAC 35.160 Description of Registration Area D {#sec-5-aac-35.160 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.160}

History

Authority: AS 16.05.251
Eff. 12/14/86, Register 100; am 7/30/89, Register 111; am 6/24/93, Register 126; am 9/29/96, Register 139; am 3/11/2001, Register 157; am 8/14/2005, Register 175; am 6/17/2018, Register 226

5 AAC 35.165 Description of Registration Area D districts {#sec-5-aac-35.165 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.165}

Registration Area D districts are described in 5 AAC 30.200.

History

Authority: AS 16.05.251
Eff. 12/14/86, Register 100; am 9/29/96, Register 139

5 AAC 35.166 Area D registration {#sec-5-aac-35.166 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.166}

(a) Registration Area D is a nonexclusive registration area.

(b) A Tanner crab vessel may not be registered in Registration Area D simultaneously as both a pot and ring net vessel. A vessel's registration may be changed during the open Tanner crab season if the vessel owner, or the owner's agent, submits a written request for a change in registration to the department for validation.

History

Authority: AS 16.05.251
Eff. 9/29/96, Register 139; am 5/9/2015, Register 214

5 AAC 35.170 Fishing season for Registration Area D {#sec-5-aac-35.170 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.170}

Male Tanner crab may be taken only from 12:00 noon January 15 through May 1.

History

Authority: AS 16.05.251
Eff. 12/14/86, Register 100; am 9/29/96, Register 139

5 AAC 35.171 Permits for tanneri and angulatus Tanner crab in Area D {#sec-5-aac-35.171 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.171}

(a) Male Tanner crab of the species Chionoecetes tanneri and Chionoecetes angulatus may be taken in Registration Area D only under the conditions of a permit issued by the commissioner.

(b) C. tanneri and C. angulatus Tanner crab may be taken only with pots as follows:

(1) no more than 100 pots may be operated from a vessel;

(2) pots may be longlined.

(d) The permit required in (a) of this section

(1) may, notwithstanding (c) of this section, restrict the depths of fishing operations;

(2) may specify season dates; the season may be closed during periods before and after other shellfish fisheries;

(3) may specify areas of fishing operations by district, subdistrict, or registration subareas;

(4) may establish minimum legal size limits;

(5) may require an onboard observer during all operations;

(6) may specify the type, size, and configuration of pots; pots must include an escape mechanism designed to allow female and undersize male crab to exit the pot during fishing operations;

(7) may require mandatory completion of logbooks provided by the department and require that the logbooks be attached to the fish ticket at the time of landing; and

(8) may set other conditions deemed necessary by the commissioner for conservation and management purposes.

(e) Participation in superexclusive Tanner crab fisheries does not exclude a vessel or permit holder from participation in this permit fishery in any area during periods when other Tanner crab fisheries in that area closed.

History

Authority: AS 16.05.251
Eff. 8/14/96, Register 139

5 AAC 35.175 Maximum harvest level for Registration Area D {#sec-5-aac-35.175 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.175}

The maximum annual allowable harvest for Tanner crab is 1,000,000 pounds.

History

Authority: AS 16.05.251
Eff. 12/14/86, Register 100; am 9/29/96, Register 139

5 AAC 35.180 Lawful gear for Registration Area D {#sec-5-aac-35.180 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.180}

(a) Tanner crab may be taken only with Tanner crab pots and ring nets. Tanner crab taken by other means must be returned to the water without further harm.

(b) The following Tanner crab gear limits are in effect in Registration Area D:

(1) no more than 40 Tanner crab pots may be operated from a vessel registered to fish for Tanner crab with pot gear;

(2) no more than 40 Tanner crab ring nets may be operated from a vessel registered to fish for Tanner crab with ring net gear;

(3) when both the commercial king and Tanner crab seasons are open in Registration Area D at the same time, an aggregate of no more than 40 king or Tanner crab pots may be operated from a vessel registered to fish for both king and Tanner crab;

(4) Tanner crab may not be taken with pots that have tunnel eye openings located on the vertical plane of the pot;

(5) Tanner crab ring nets may not be longlined.

(c) In Registration Area D, a Tanner crab ring net is a bag-shaped net suspended between no more than two frames. The bottom frame may not be larger in perimeter than the top frame and the maximum diameter of the ring net may not exceed six feet for a round ring net. For a ring net with a frame that is not round, the area encompassed by the larger frame may not exceed 29 square feet. The ring net web must be nonrigid and collapsible, and must lay flat so that when fishing it does not prohibit free movement of fish or shellfish across the net.

(d) In Registration Area D, a pot used to take Tanner crab must be rigged to permit escapement of undersize Tanner crab as follows:

(1) at least one third of one vertical surface of a square pot, or sloping surface of a conical or pyramid pot, must be composed of not less than seven-inch stretched mesh webbing, placed on the bottom one-third of the vertical or sloping sidewall surface of the pot; or

(2) no less than four circular escape rings of four and three-quarters inch minimum inside diameter must be installed on the vertical plane of a square pot, or the sloping sidewall surface of a conical or pyramid pot; the lowest edge of each escape ring must be within eight inches of the top of the bottom web bar on the pot; one ring must be installed in each quadrant of the pot.

History

Authority: AS 16.05.251
Eff. 12/14/86, Register 100; am 3/15/96, Register 137; am 9/29/96, Register 139; am 8/14/2005, Register 175; am 9/27/2009, Register 191; am 5/9/2015, Register 214

5 AAC 35.181 Tanner crab gear marking requirements for Registration Area D {#sec-5-aac-35.181 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.181}

(a) In addition to the requirements of 5 AAC 35.051, in Registration Area D, in locations where a Tanner crab pot limit is in effect, each Tanner crab pot must have one identification tag issued by the department placed on the main buoy or on the trailer buoy if more than one buoy is attached to the pot.

(b) Identification tags are issued before each fishing season, are uniquely numbered for each registration year, and will be issued at the time of vessel registration for that vessel only. The vessel owner, or the owner's agent, shall apply for identification tags at a department office designated to issue the tags. Replacement of tags lost during the season is permitted if the vessel operator and at least one crewmember submit sworn statements or affidavits, in person at the department office that issued the tags, describing how the tags were lost and listing the numbers of the lost tags. Tags shall be renewed annually before each fishing season.

History

Authority: AS 16.05.251; AS 16.05.632
Eff. 9/29/96, Register 139

5 AAC 35.182 Tanner crab gear storage requirements for Registration Area D {#sec-5-aac-35.182 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.182}

(1) seven days following the season closure for Tanner crab in Registration Area D;

(2) 72 hours following the season closure for Tanner crab in any portion of Registration Area D.

(b) Ring nets with all bait and bait containers removed may be stored in the water as specified in (a) of this section.

History

Authority: AS 16.05.251
Eff. 9/29/96, Register 139

5 AAC 35.183 Operation of other gear in Registration Area D {#sec-5-aac-35.183 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.183}

(a) A person or vessel that operates commercial, subsistence, sport, or personal use pots or ring nets, other than commercial shrimp pots or Dungeness crab pots, during the 14 days immediately before the scheduled opening date of the commercial Tanner crab season in Registration Area D may not participate in that Tanner crab fishery.

(b) Notwithstanding 5 AAC 31.053(d), 5 AAC 32.053(d), and 5 AAC 35.053(2), a person or vessel may operate commercial shrimp pots or Dungeness crab pots during an open Tanner crab season in Registration Area D if the commercial shrimp or Dungeness crab season is open in Registration Area D at the same time as the commercial Tanner crab season.

History

Authority: AS 16.05.251
Eff. 9/29/96, Register 139; am 5/8/98, Register 146

5 AAC 35.185 Registration Area D inspection points {#sec-5-aac-35.185 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.185}

Registration Area D inspection points are located at Yakutat or at other locations specified by the department.

History

Authority: AS 16.05.251
Eff. 12/14/86, Register 100; am 9/29/96, Register 139

5 AAC 35.190 Logbooks {#sec-5-aac-35.190 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.190}

(a) In Registration Area D, during a Tanner crab season, an operator of a vessel registered to fish using pot gear in the commercial Tanner crab fishery shall complete logbooks provided by the department.

(b) Logbooks described in (a) of this section shall be

(1) updated daily;

(2) sealed in envelopes provided by the department to maintain confidentiality; and

(c) A catcher-seller described in 5 AAC 39.130 shall attach logbooks described in this section to the department copy of fish tickets.

(d) A person may not make a false entry in the logbook required in (a) of this section.

History

Authority: AS 16.05.251
Eff. 5/9/2015, Register 214

5 AAC 35.193 Reporting requirements for Tanner crab in Registration Area D {#sec-5-aac-35.193 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.193}

In addition to the reporting requirements in 5 AAC 35.075, 5 AAC 35.190, and 5 AAC 39.130, the commissioner may require an owner or operator of a vessel registered to fish in the commercial Tanner crab fishery in Registration Area D to report to a local representative of the department the following information:

(1) the number of legal male Tanner crab on board the vessel and the number of pot lifts conducted during the fishing period in any fishing area, district, or portion of a district; and

History

Authority: AS 16.05.251
Eff. 5/9/2015, Register 214

Article 7 Registration Area E (Prince William Sound)

5 AAC 35.300 Description of Registration Area E {#sec-5-aac-35.300 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.300}

History

Authority: AS 16.05.251

5 AAC 35.305 Description of Registration Area E districts {#sec-5-aac-35.305 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.305}

(a) Northeastern District: all waters north of a line at 60° 30' N. lat., from a point on Hawkins Island at 146° 19.50' W. long., west to 147° 40' W. long., and east of 147° 40' W. long., and south of 60° 48.50' N. lat., and including waters south of a line from the southeastern point of Bligh Island at 60° 48.80' N. lat., 146° 43.30' W. long., to Bidarka Point at 60° 49.14' N. lat., 146° 38.45' W. long., and waters west of Salmo Point at 145° 45.70' W. long., north of Hawkins Island.

(b) Central District: all waters north of a line from the west side of Montague Island to the east side of Latouche Island at 60° N. lat., and east of a line from Point Grace at the northernmost tip of Latouche Island at 60° 04.80' N lat., 147° 51' W long., to Point Helen at the southernmost tip of Knight Island at 60° 09.30' N. lat., 147° 46' W. long., and including waters on the east side of Knight Island, and south of a line at 60° 30' N. lat., from Knight Island at 147° 42' W. long., to Hawkins Island at 146° 19.50' W. long., and west of a line from that point on Hawkins Island to a point on Hinchinbrook Island at 60° 28.80' N. lat., and 146° 23' W. long., and north of a line at 60° 20.60' N. lat., from Bear Cape on Hinchinbrook Island to Middle Point on Montague Island.

(c) Southwestern District: all waters east of a line from Cape Fairfield at 148° 50.25' W. long., south to the latitude of Cape Douglas at 58° 51.10' N. lat., then west to 149° W. long., then south along 149° W. long., and west of a line drawn south from Cape Cleare at 147° 54' W. long., and those waters southwest of a line running from Point Countess at 60° 12.90' N. lat., 148° 05.30' W. long., to Bainbridge Point at 60° 12' N. lat., 148° 03' W. long., to Evans Point at 60° 07.90' N. lat., 147° 54.80' W. long., and to Point Grace at 60° 04.80' N. lat., 147° 51' W. long., and including those waters south of the Central District at 60° N. lat.

(d) Southeastern District: all waters west of the longitude of Cape Suckling at 144° W. long., south of the Northeastern and Central districts, and east of the Southwestern District.

(e) Northwestern District: all waters north and west of the Northeastern, Central, and Southwestern Districts.

History

Authority: AS 16.05.251

5 AAC 35.306 Area E registration {#sec-5-aac-35.306 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.306}

(a) Registration Area E is an exclusive registration area.

(b) A Tanner crab vessel must be registered under 5 AAC 35.020 no later than 15 days before the scheduled opening date of the commercial Tanner crab season.

History

Authority: AS 16.05.251
Eff. 9/29/96, Register 139; am 7/22/2017, Register 223; am 3/27/2022, Register 241

5 AAC 35.308 Registration Area E Tanner crab harvest strategy {#sec-5-aac-35.308 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.308}

Repealed.

History

Eff. 7/22/2017, Register 223; am 3/27/2022, Register 241; repealed 6/7/2025, Register 254

5 AAC 35.310 Fishing seasons for Registration Area E {#sec-5-aac-35.310 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.310}

(a) In Registration Area E, male Tanner crab may be taken only from January 15 until April 15, during periods established by emergency order.

(b) If the opening day National Weather Service forecast for the following 48 hours for Prince William Sound, as defined by the National Weather Service as PKZ125, contains a gale warning, the season opening in all districts shall be delayed 24 hours. If after the initial weather delay, the 4:00 a.m. National Weather Service forecast for the current day and night or the following day and night again contains a gale warning, the season opening in all districts shall be delayed an additional 24 hours. The season opening delays may continue for seven days, after which time the season shall be opened regardless of any gale warning in the National Weather Service forecasts.

History

Authority: AS 16.05.251

5 AAC 35.311 Commissioner's permits for Tanner crab in Registration Area E {#sec-5-aac-35.311 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.311}

Repealed.

History

Eff. 7/22/2017, Register 223; repealed 3/27/2022, Register 241

5 AAC 35.312 Closed waters in Registration Area E {#sec-5-aac-35.312 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.312}

Repealed.

History

Eff. 3/27/2022, Register 241; repealed 6/7/2025, Register 254

5 AAC 35.315 Guideline harvest range {#sec-5-aac-35.315 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.315}

Repealed 6/30/83.

5 AAC 35.320 Size limits for Registration Area E {#sec-5-aac-35.320 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.320}

Only male Tanner crab five inches or greater in width of shell may be taken or possessed.

History

Authority: AS 16.05.251

5 AAC 35.325 Lawful gear for Registration Area E {#sec-5-aac-35.325 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.325}

(a) Tanner crab may be taken only with Tanner crab pots as specified in 5 AAC 35.050. Tanner crab taken by other means must be returned to the water without further harm.

(b) Repealed 7/22/2017.

(c) Each Tanner crab pot must have no less than four escape rings of no less than four and three-quarters inches (121 mm) inside diameter installed on the vertical plane to permit escapement of undersize Tanner crab.

(d) The number of Tanner crab pots that may be operated from a vessel will be established by emergency order before the opening of each commercial Tanner crab season, not to exceed 30 Tanner crab pots per vessel. ln determining the annual pot limit, the department will consider the

(1) total number of registered vessels;

(2) estimated catch per unit effort; and

(3) the guideline harvest level.

(e) Repealed 9/29/96.

(f) Repealed 9/29/96.

(g) Tanner crab pots may be deployed or removed from the water only from 8:00 a.m. to 6:00 p.m. The commissioner may, by emergency order, increase the time that pots may be deployed or removed from the water.

History

Authority: AS 16.05.251

5 AAC 35.326 Tanner crab pot marking requirements for Registration Area E {#sec-5-aac-35.326 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.326}

(a) In addition to the requirements of 5 AAC 35.051, in Registration Area E, in locations where a Tanner crab pot limit is in effect, each Tanner crab pot must have one identification tag issued by the department placed on the main buoy or on the trailer buoy if more than one buoy is attached to the pot.

(b) Identification tags are issued before each fishing season, are uniquely numbered for each registration year, and will be issued at the time of vessel registration for that vessel only. The vessel owner, or the owner's agent, shall apply for identification tags at a department office designated to issue the tags. Replacement of tags lost during the season is permitted if the vessel operator submits a sworn statement or affidavit to the department office that issued the tags, describing how the tags were lost and listing the numbers of the lost tags. Tags shall be renewed annually before each fishing season.

History

Authority: AS 16.05.251; AS 16.05.632
Eff. 9/29/96, Register 139

5 AAC 35.327 Tanner crab pot storage for Registration Area E {#sec-5-aac-35.327 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.327}

(a) Cone or pyramid Tanner crab pots with all bait and bait containers removed and all doors not secured closed, and rectangular Tanner crab pots with all bait and bait containers removed and all doors secured fully open, may be stored in the water only from 30 days before the scheduled opening date of the commercial Tanner crab season in Registration Area E until 30 days after the closure of that season.

(b) The Tanner crab pot storage provisions in 5 AAC 35.052(a)(2)(A) apply to the Eastern and Western Districts of Registration Area E.

History

Authority: AS 16.05.251
Eff. 9/29/96, Register 139; am 7/22/2017, Register 223

5 AAC 35.328 Operation of other gear in Registration Area E {#sec-5-aac-35.328 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.328}

A person or vessel that operates subsistence, sport, or personal use pots during the 30 days immediately before the scheduled opening date of the commercial Tanner crab season in Registration Area E may not participate in that commercial Tanner crab fishery.

History

Authority: AS 16.05.251
Eff. 7/22/2017, Register 223

5 AAC 35.340 Registration Area E inspection points {#sec-5-aac-35.340 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.340}

Repealed.

5 AAC 35.345 Inspection requirements for Registration Area E {#sec-5-aac-35.345 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.345}

The commissioner may, by emergency order, require that vessels fishing for Tanner crab in Registration Area E be inspected within 24 hours before the scheduled opening date of the commercial Tanner crab season in Registration Area E or at any time during the open season by a local representative of the department at an inspection point specified by the department.

History

Authority: AS 16.05.251
Eff. 6/28/81, Register 78; am 9/29/96, Register 139; am 7/22/2017, Register 223

5 AAC 35.350 Log sheet requirements for Registration Area E {#sec-5-aac-35.350 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.350}

(a) An operator of a vessel registered for the commercial Tanner crab fishery shall complete log sheets provided by the department.

(b) Log sheets described in this section shall be

(1) updated daily; and

(2) submitted to the primary processor or buyer after each trip with the corresponding fish ticket; the processor or buyer shall submit the fish ticket and corresponding log sheets to the department in accordance with 5 AAC 39.130.

(c) A catcher-seller described in 5 AAC 39.130 shall submit log sheets described in this section to the department with the corresponding fish ticket.

(d) A person may not make a false entry in log sheets required in this section.

History

Authority: AS 16.05.251
Eff. 7/22/2017, Register 223

5 AAC 35.358 Reporting requirements for Registration Area E {#sec-5-aac-35.358 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.358}

An owner or operator of a vessel registered to fish in the commercial Tanner crab fishery must report each day to the department as specified on registration:

(1) the number of pot lifts;

(2) the number of crab retained for the 24-hour fishing period preceding the report; and

(3) any other information that the commissioner determines is necessary for the conservation and management of the fishery.

History

Authority: AS 16.05.251
Eff. 7/22/2017, Register 223

Article 8 Registration Area H (Cook Inlet)

5 AAC 35.400 Description of Registration Area H {#sec-5-aac-35.400 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.400}

Registration Area H has as its eastern boundary the longitude of Cape Fairfield (148° 50.25' W. long.) and as its southern boundary the latitude of Cape Douglas (58° 51.10' N. lat.).

History

Authority: AS 16.05.251

5 AAC 35.405 Description of Registration Area H districts {#sec-5-aac-35.405 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.405}

Registration Area H districts are described in 5 AAC 21.200.

History

Authority: AS 16.05.251

5 AAC 35.406 Area H registration {#sec-5-aac-35.406 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.406}

(a) Registration Area H is a superexclusive registration area.

(b) In Registration Area H, for the Tanner crab fishery, the vessel registration deadline for the registration year is 5:00 p.m. January 10.

History

Authority: AS 16.05.251
Eff. 9/29/96, Register 139; am 8/24/2002, Register 163

5 AAC 35.408 Registration Area H Tanner crab harvest strategy {#sec-5-aac-35.408 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.408}

(a) The provisions of this section establish abundance thresholds for the Tanner crab fisheries in the Southern, Kamishak, and Barren Island Districts of Cook Inlet.

(b) In the Southern District, the minimum stock threshold for the commercial fishery is 1,000,000 legal male Tanner crab. If the commercial fishery has been closed for three or more consecutive years, then the estimated abundance of legal male Tanner crab from the Kachemak Bay trawl survey must be greater than or equal to 1,000,000 crab for two or more years before the commercial fishery may reopen. The commercial Tanner crab fishery will open only under the following conditions:

(1) if the estimated abundance level of legal male Tanner crab is 2,000,000 crab or greater, the commercial fishery will open to harvest Tanner crab at a rate, in combination with the noncommercial fisheries, not to exceed 25 percent of the estimated abundance level of legal male Tanner crab;

(2) if the estimated abundance level of legal male Tanner crab is 1,000,000, but less than 2,000,000 crab, the commercial Tanner crab fishery will open to harvest Tanner crab at a rate, in combination with the noncommercial fisheries, not to exceed 15 percent of the estimated abundance level of legal male Tanner crab;

(3) the commercial fishery may not open if

(A) the estimated abundance level of legal male Tanner crab is below 1,000,000 crab;

(B) attainment of the guideline harvest level would cause legal male Tanner crab abundance to fall below 1,000,000 crab; or

(C) the estimated harvest capacity, calculated by the number of registered vessels multiplied by the legal pot limit, and the estimated catch rate exceeds the guideline harvest level during a commercial fishery of a minimum 12-hour duration;

(4) repealed 9/12/2008;

(5) repealed 9/12/2008.

(c) In the Kamishak and Barren Islands Districts, combined, the minimum stock threshold for the commercial fishery is 4,000,000 legal male Tanner crab. If the commercial fishery has been closed for three or more consecutive years, then the estimated abundance of legal male Tanner crab from the Kamishak Bay trawl survey must be greater than or equal to 1,000,000 crab for two or more years before the commercial fishery may reopen. The commercial fishery will open only under the following conditions:

(1) if the estimated abundance level of legal male Tanner crab is 8,000,000 crab or greater, Tanner crab may be harvested at a rate, in combination with the noncommercial fisheries, not to exceed 25 percent of the estimated abundance level of legal male Tanner crab;

(2) if the abundance level of legal male Tanner crab is at least 4,000,000, but less than 8,000,000 crab, Tanner crab may be harvested at a rate, in combination with the noncommercial fisheries, not to exceed 15 percent of the estimated abundance level of legal male Tanner crab;

(3) the commercial fishery may not open if

(A) the estimated abundance level of legal male Tanner crab is below 4,000,000 crab;

(B) the attainment of the guideline harvest level would cause the abundance of legal male Tanner crab to fall below 4,000,000 crab; or

(C) the estimated harvest capacity, calculated as the number of registered vessels multiplied by the legal pot limit and estimated catch rates, exceeds the guideline harvest level for a fishery of a minimum 24-hour duration.

(d) The noncommercial Tanner crab fisheries in the Cook Inlet Area will be managed as provided in 5 AAC 58.022(a)(11)(B) and 5 AAC 02.325(a) when the most recent legal male stock abundance estimated from the Kachemak Bay trawl survey is greater than or equal to 200,000 crab. The harvest rate is not expected to exceed approximately 10 percent of legal male Tanner crab abundance managed under this section.

(e) The noncommercial Tanner crab fisheries in the Cook Inlet Area will be managed as provided in 5 AAC 58.022(a)(11)(B) and 5 AAC 02.325(b) in the absence of a trawl survey, or if the most recent legal male stock abundance estimated from the Kachemak Bay trawl survey is less than 200,000 crab. The harvest rate is not expected to exceed approximately 10 percent of legal male Tanner crab abundance managed under this section.

History

Authority: AS 16.05.251
Eff. 8/24/2002, Register 163; am 9/12/2008, Register 187; am 6/27/2014, Register 210; am 7/22/2017, Register 223; am 6/21/2020, Register 234; am 7/10/2025, Register 255

5 AAC 35.410 Fishing seasons for Registration Area H {#sec-5-aac-35.410 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.410}

(a) In the Southern District, male Tanner crab may be taken only during periods established by emergency order within the period of January 15 through March 31. The orders must be based on weather factors that affect crab mortality, such as forecasted wind speed and air temperature.

(b) In all other districts, male Tanner crab may be taken only from 12:00 noon January 15 through March 31.

(c) Notwithstanding (b) of this section, the commercial harvest of Tanner crab in the Outer, Eastern, and Central Districts is closed until the Tanner crab stocks have recovered and a harvest strategy for those districts is developed by the department and adopted in a regulation by the Board of Fisheries.

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 35.415 Guideline harvest levels {#sec-5-aac-35.415 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.415}

Repealed 6/30/83.

5 AAC 35.420 Size limits for Registration Area H {#sec-5-aac-35.420 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.420}

Only male Tanner crab four and one-half inches or greater in width of shell may be taken or possessed.

History

Authority: AS 16.05.251
Eff. 7/22/2017, Register 223

5 AAC 35.425 Lawful gear for Registration Area H {#sec-5-aac-35.425 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.425}

(a) Tanner crab may be taken only with Tanner crab pots and ring nets. Tanner crab taken by other means must be returned to the water without further harm.

(b) Each Tanner crab pot must have no less than four escape rings of no less than four and three-quarters inches inside diameter installed on the vertical plane to permit escapement of undersize Tanner crab.

(c) During a commercial Tanner crab season in Registration Area H, an aggregate of no more than 75 king and Tanner crab pots may be operated from a vessel registered to fish Tanner crab, except that in the Southern District,

(1) an aggregate of no more than 40 pots may be operated from a vessel if the guideline harvest level for Tanner crab in the Southern District is greater than 400,000 pounds, but not more than 800,000 pounds;

(2) an aggregate of no more than 20 pots may be operated from a vessel if the guideline harvest level for Tanner crab is less than 400,000 pounds.

History

Authority: AS 16.05.251

5 AAC 35.426 Tanner crab gear marking requirements for Registration Area H {#sec-5-aac-35.426 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.426}

(a) In addition to the requirements of 5 AAC 35.051, in Registration Area H, in locations where a Tanner crab pot limit is in effect, each Tanner crab pot must have one identification tag issued by the department placed on the main buoy or on the trailer buoy if more than one buoy is attached to the pot.

(b) Identification tags are issued before each fishing season, are uniquely numbered for each registration year, and will be issued at the time of vessel registration for that vessel only. The vessel owner, or the owner's agent, shall apply for identification tags at a department office designated to issue the tags. Replacement of tags lost during the season is permitted if the vessel operator submits a sworn statement or affidavit to the department office that issued the tags, describing how the tags were lost and listing the numbers of the lost tags. Tags shall be renewed annually before each fishing season.

History

Authority: AS 16.05.251; AS 16.05.632
Eff. 9/29/96, Register 139

5 AAC 35.427 Tanner crab pot storage for Registration Area H {#sec-5-aac-35.427 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.427}

(a) Rectangular Tanner crab pots with all bait and bait containers removed and with all doors secured fully open, and cone or pyramid Tanner crab pots with all bait and bait containers removed and all doors not secured closed, may be stored in the Kamishak District and in those waters of the Southern District west of a line from Coal Point to 60 Foot Rock to Anisom Point only in waters of not more than 15 fathoms deep. In all remaining waters of the Southern District, rectangular Tanner crab pots with all bait and bait containers removed and all doors secured fully open, and cone or pyramid Tanner crab pots with all bait and bait containers removed and all doors not secured closed, may be stored only in waters of not more than 10 fathoms deep.

(b) Cone or pyramid pots with all bait and bait containers removed and all doors not secured closed may be stored in the water only from 30 days before the scheduled opening date of the commercial Tanner crab season in Registration Area H until 30 days after the closure of that season.

History

Authority: AS 16.05.251
Eff. 9/29/96, Register 139

5 AAC 35.428 Operation of other gear in Registration Area H {#sec-5-aac-35.428 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.428}

A person or vessel that operates commercial, subsistence, sport, or personal use pots or ring nets, other than shrimp pots or Dungeness crab pots, during the 14 days immediately before the scheduled opening date of the commercial Tanner crab season in Registration Area H may not participate in that Tanner crab fishery, except that in the Southern District, a person or vessel operating groundfish pots during the 14 days before the scheduled opening date of the commercial Tanner crab season in Registration Area H may participate in that fishery after the groundfish pot gear is removed from the water.

History

Authority: AS 16.05.251
Eff. 9/29/96, Register 139

5 AAC 35.435 Closed waters {#sec-5-aac-35.435 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.435}

Repealed 7/23/88.

5 AAC 35.440 Registration Area H inspection points {#sec-5-aac-35.440 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.440}

History

Authority: AS 16.05.251

5 AAC 35.445 Inspection requirements for Registration Area H {#sec-5-aac-35.445 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.445}

Within 24 hours before the scheduled opening date of the commercial Tanner crab season in Registration Area H or at any time during the open season, a Tanner crab vessel registered for Registration Area H must have all holds, live tanks, and freezers inspected by a local representative of the department at an inspection point specified in 5 AAC 35.440. Tanner crab may not be on board the vessel at the time of inspection. The requirements of this section do not apply to a registered Tanner crab vessel that does not have a saltwater circulation system in its holds or live tanks.

History

Authority: AS 16.05.251
Eff. 6/28/81, Register 78; am 7/25/82, Register 83; am 6/30/83, Register 86; am 9/29/96, Register 139

Article 10 Registration Area J (Westward)

5 AAC 35.500 Description of Registration Area J {#sec-5-aac-35.500 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.500}

Registration Area J includes all Pacific Ocean waters south of the latitude of Cape Douglas (58° 51.10' N. lat.), and west of 149° W. long., and all Bering Sea and Pacific Ocean waters east of the Maritime Boundary Agreement Line as that line is described in the text of and depicted in the annex to the Maritime Boundary Agreement between the United States and the Union of Soviet Socialist Republics signed in Washington, June 1, 1990, and as that Maritime Boundary Agreement Line is depicted on NOAA Chart #513 (7th Edition, June, 2004) and NOAA Chart #514 (7th Edition, January, 2004), adopted by reference.

History

Authority: AS 16.05.251

5 AAC 35.505 Description of Registration Area J districts {#sec-5-aac-35.505 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.505}

(a) Kodiak District: all Pacific Ocean waters south of the latitude of Cape Douglas (58° 51.10' N. lat.), west of 149° W. long., and east of a line extending south from Cape Kumlik along 157° 27.00' W. long.

(1) Northeast Section: all waters of the Kodiak District northeast of a line extending from Cape Chiniak at 57° 37.20' N. lat., 152° 09.37' W. long. to a point offshore at 55° 07.17' N. lat., 149° 00.00' W. long., east of a line between Inner Point and Afognak Point along 152° 47.75' W. long., east of 152° 30.00' W. long. in Shuyak Strait, and east of a line extending north from Shuyak Island along 152° 20.00' W. long.;

(2) Eastside Section: all waters of the Kodiak District southwest of a line extending from Cape Chiniak at 57° 37.20' N. lat., 152° 09.37' W. long. to a point offshore at 55° 07.17' N. lat., 149° 00.00' W. long., northeast of a line extending from Cape Barnabas at 57° 09.07' N. lat., 152° 52.20' W. long. to a point offshore at 53° 26.20' N. lat., 151° 29.10' W. long., and east of 153° 16.00' W. long. in Sitkalidak Strait;

(3) Southeast Section: all waters of the Kodiak District southwest of a line extending from Cape Barnabas at 57° 09.07' N. lat., 152° 52.20' W. long. to a point offshore at 53° 26.20' N. lat., 151° 29.10' W. long., east of 156° 20.22' W. long., south of a line extending from Cape Trinity at 56° 44.80' N. lat., 154° 08.90' W. long. to a point offshore at 55° 23.23' N. lat., 156° 20.22' W. long., and west of 153° 16.00' W. long. in Sitkalidak Strait;

(4) Southwest Section: all waters of the Kodiak District west of a line extending from Cape Trinity at 56° 44.80' N. lat., 154° 08.90' W. long., to a point offshore at 55° 23.23' N. lat., 156° 20.22' W. long., east of 156° 20.22' W. long., and south of a line from Cape Ikolik at 57° 17.40' N. lat., 154° 47.40' W. long. to a point offshore at 57° 14.00' N. lat., 155° 32.10' W. long., continuing to a point offshore at 57° 00.00' N. lat., 156° 00.00' W. long., continuing to a point offshore at 56° 49.89' N. lat., 156° 20.22' W. long., including all of Alitak Bay and Olga Bay;

(5) Semidi Island Overlap Section: all waters of the Kodiak District west of a line extending south from the Alaska Peninsula, near Kilokak Rocks, along 156° 20.22' W. long., and east of a line extending south from Cape Kumlik along 157° 27.00' W. long.;

(6) Westside Section: all waters of the Kodiak District north of a line from Cape Ikolik at 57° 17.40' N. lat., 154° 47.40' W. long., continuing to a point offshore at 57° 14.00' N. lat., 155° 32.10' W. long., east of a line from a point offshore at 57° 14.00' N. lat., 155° 32.10' W. long., continuing to a point offshore at 57° 30.00' N. lat., 155° 00.00' W. long., continuing to a point offshore at 58° 00.00' N. lat., 154° 00.00' W. long., continuing to a point offshore at 58° 51.10' N. lat., 152° 45.00' W. long., west of a line between Inner Point and Afognak Point along 152° 47.75' W. long., west of 152° 30.00' W. long. in Shuyak Strait, and west of a line extending north from Shuyak Island along 152° 20.00' W. long.;

(7) North Mainland Section: all waters of the Kodiak District enclosed by a line from Cape Douglas at 58° 51.10' N. lat., 153° 15.09' W. long. to a point offshore at 58° 51.10' N. lat., 152° 45.00' W. long., continuing to a point offshore at 58° 00.00' N. lat., 154° 00.00' W. long., continuing to the Alaska Peninsula at 58° 00.00' N. lat., 154° 47.68' W. long.;

(8) South Mainland Section: all waters of the Kodiak District enclosed by a line from the Alaska Peninsula at 58° 00.00' N. lat., 154° 47.68' W. long. to a point offshore at 58° 00.00' N. lat., 154° 00.00' W. long., continuing to a point offshore at 57° 30.00' N. lat., 155° 00.00' W. long., continuing to a point offshore at 57° 14.00' N. lat., 155° 32.10' W. long., continuing to a point offshore at 57° 00.00' N. lat., 156° 00.00' W. long., continuing to a point offshore at 56° 49.89' N. lat., 156° 20.22' W. long., continuing to the Alaska Peninsula, near Kilokak Rocks, at 57° 10.34' N. lat., 156° 20.22' W. long.

(b) South Peninsula District: all Pacific Ocean waters west of a line from Kupreanof Point at 55° 33.98' N. lat., 159° 35.88' W. long., to Castle Rock at 55° 16.80' N. lat., 159° 29.11' W. long. and extending to a point offshore at 54° 6.07' N. lat., 157° 27.00' W. long., and east of a line extending south from Scotch Cap Light along 164° 44.72' W. long.

(1) Eastern Section: all waters east of 162° W. long.;

(2) Western Section: all waters west of 162° W. long.

(c) Eastern Aleutian District: all waters between the longitude of Scotch Cap Light (164° 44.72' W. long.) and 172° W. long., and south of 54° 36' N. lat.

(1) Akutan Section: all waters of Alaska west of the longitude of Akun Head (165° 37.58' W. long.) and east of the longitude of North Head (165° 56.25' W. long.) and north of a line from 54° 07.63' N. lat., 165° 39.88' W. long., to 54° 08.36' N. lat., 165° 38.36' W. long.;

(2) Unalaska/Kalekta Bay Section: all waters of Alaska west of the longitude of Erskine Point (166° 16.30' W. long.) and east of the longitude of Cape Cheerful (166° 40.33' W. long.);

(3) Makushin/Skan Bay Section: all waters of Alaska south of the latitude of Cape Kovrizhka (53° 50.67' N. lat.) and north of the latitude of Spray Cape (53° 36.83' N. lat.);

(4) General Section: all remaining waters of the Eastern Aleutian District not described in (1) - (3) of this subsection.

(d) Western Aleutian District: all waters west of 172° W. long., and south of 54° 36' N. lat.

(e) Bering Sea District: all Bering Sea waters north of 54° 36' N. lat.

(1) Eastern Subdistrict: all waters of the Bering Sea District east of 173° W. long., including the waters of Bristol Bay;

(A) Norton Sound Section: all waters of the Eastern Subdistrict east of 168° W. long. and north of the latitude of Cape Romanzof;

(B) General Section: all waters of the Eastern Subdistrict not included in the Norton Sound Section;

(2) Western Subdistrict: all waters of the Bering Sea District west of 173° W. long.

(f) Chignik District: all Pacific Ocean waters east of a line from Kupreanof Point at 55° 33.98' N. lat., 159° 35.88' W. long., to Castle Rock at 55° 16.80' N. lat., 159° 29.11' W. long., and extending to a point offshore at 54° 6.07' N. lat., 157° 27.00' W. long., and west of a line extending south from Cape Kumlik along 157° 27.00' W. long.

History

Authority: AS 16.05.251

5 AAC 35.506 Area J registration {#sec-5-aac-35.506 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.506}

(a) Registration Area J is a nonexclusive registration area, except the Kodiak and Chignik Districts are superexclusive registration districts.

(b) Notwithstanding (c) and (g) of this section, a Chignik Tanner crab permit holder may register a vessel to take Tanner crab in the Semidi Island Overlap Section of the Kodiak District, as specified in 5 AAC 35.507.

(c) A Tanner crab vessel may not be registered to take Tanner crab in more than one district of Registration Area J at a time.

(d) A Tanner crab vessel from which pots having identification tags required by 5 AAC 35.526 are fished may not be, at the same time, validly registered to fish any other fishery with pot gear.

(e) For the Chignik, Eastern Aleutian, Western Aleutian, and Bering Sea Districts, the registration deadlines for the registration year are as follows:

(1) for the Bering Sea District C. opilio Tanner crab fishery, the preseason registration deadline is 5:00 p.m. September 24;

(2) for the Bering Sea District, C. bairdi Tanner crab fishery, the preseason registration deadline is 5:00 p.m. September 24;

(3) repealed 8/14/2005;

(4) for the Eastern Aleutian District C. bairdi Tanner crab fishery, the preseason registration deadline is 5:00 p.m. December 24;

(5) for the Western Aleutian District C. bairdi Tanner crab fishery, the registration deadline is 5:00 p.m. October 10;

(6) for the Chignik District C. bairdi Tanner crab fishery, if the guideline harvest level exceeds 2,000,000 pounds, the registration deadline is 5:00 p.m. December 24.

(f) Before a vessel may be registered under this section, the vessel operator must obtain a CFEC interim-use permit for Tanner crab that references the vessel's ADF&G license number and file a registration form with the department, except that a vessel operator is not required to obtain a CFEC interim-use permit before filing a preseason registration form for the Bering Sea Tanner or snow crab fisheries. The registration form must identify the vessel and vessel operator and must be received in person, or by mail, electronic mail, or facsimile, at the department office in Dutch Harbor or Kodiak by the applicable deadline specified in (e) of this section.

(g) A vessel that is registered for the Tanner crab fishery in the Kodiak District may not be registered for the Tanner crab fishery in the Chignik or South Peninsula Districts during that registration year.

(h) The operator of a vessel registered to take Tanner crab in any district or section of Registration Area J must comply with any check-in and check-out procedures for sections specified by the department in an Area J registration certificate issued under 5 AAC 35.020.

(i) In the Bering Sea District, a vessel operator may harvest C. bairdi Tanner crab as follows:

(1) in a directed C. bairdi Tanner crab fishery or as incidental harvest while the vessel operator is registered for the C. opilio Tanner crab fishery; a vessel operator that is registered to fish for C. opilio Tanner crab in the Bering Sea District may retain C. bairdi Tanner crab in an amount not to exceed five percent of the weight of the C. opilio Tanner crab on board the vessel and reported on an ADF&G fish ticket;

(2) east of 166° W. long. as incidental harvest while the vessel operator is registered for the Bristol Bay red king crab fishery; a vessel operator that is registered to fish for Bristol Bay red king crab may also retain C. bairdi Tanner crab in an amount not to exceed five percent of the weight of Bristol Bay red king crab on board the vessel and reported on an ADF&G fish ticket;

(3) repealed 7/22/2017;

(4) a vessel operator may not be concurrently registered to harvest C. bairdi Tanner crab in waters both east and west of 166° W. long.

(j) In the Bering Sea District, a vessel operator that is registered to fish for C. bairdi Tanner crab may also retain C. opilio Tanner crab in an amount not to exceed thirty-five percent of the weight of C. bairdi Tanner crab on board the vessel and reported on an ADF&G fish ticket.

(k) A Tanner crab vessel registration must be validated in person or by facsimile transmission, at an inspection point specified in 5 AAC 35.540, in the

(1) Chignik and South Peninsula Districts, not earlier than 24 hours before the scheduled opening date of the commercial Tanner crab season;

(2) Kodiak District, not earlier than 26 hours before the scheduled opening date of the commercial Tanner crab season.

History

Authority: AS 16.05.251
Eff. 9/29/96, Register 139; am 7/21/99, Register 151; am 8/8/99, Register 151; am 8/24/2002, Register 163; am 8/14/2005, Register 175; am 9/12/2008, Register 187; am 6/27/2014, Register 210; am 7/22/2017, Register 223; am 6/17/2018, Register 226; am 6/21/2020, Register 234

5 AAC 35.507 Kodiak, Chignik, and South Peninsula Districts C. bairdi Tanner crab harvest strategies {#sec-5-aac-35.507 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.507}

(a) In the Kodiak, Chignik, and South Peninsula Districts, a commercial C. bairdi Tanner crab fishery may open only if analysis of preseason survey data indicates that the subject population

(1) in the Chignik District or a section of the South Peninsula District is sufficient to provide a guideline harvest level of 200,000 pounds or more as calculated under (c) of this section; or

(2) in a section of the Kodiak District is sufficient to provide a guideline harvest level of 100,000 pounds or more as calculated under (c) of this section.

(b) Notwithstanding (a) of this section, a commercial C. bairdi Tanner crab fishery may open

(1) in the South Mainland Section if at least two adjacent sections are open and will close when both of the adjacent sections are closed;

(2) in the Semidi Island Overlap Section, subject to the following conditions:

(A) the Southwest Section of the Kodiak District or the Chignik District is opened;

(B) the owner or the owner's agent of a vessel registers with the department before fishing in the Semidi Island Overlap Section and is not simultaneously registered to fish in other sections of the Kodiak District or the Chignik District;

(D) a vessel operator provides daily reports to the department verbally or in writing of the vessel's catch, catch locations, and effort, or maintains logbooks that include the vessel's catch, catch location, and effort; and

(E) the commissioner may close, by emergency order, the Semidi Island Overlap Section based on fishery perfonnance.

(c) In the Kodiak, Chignik, and South Peninsula Districts, the department shall establish separate C. bairdi Tanner crab guideline harvest levels, as described in (1) or (2) of this subsection. In the Kodiak, Chignik, and South Peninsula Districts, and under the restrictions of (d) of this section, the maximum exploitation rate on legal male abundance (EXPELM) shall be established as follows:

(1) in an area where the long-term trend in mature male abundance (MMA) is increasing, the maximum exploitation rate on legal male abundance (EXPELM) in all districts or sections will be established by an analysis of preseason survey mature female abundance (MFA) data as follows:

(A) if MFA is less than 40 percent of MFA(1988-2021), EXPELM will be 0.05;

(B) if MFA is at least 40 percent but not greater than 100 percent of MFA(1988-2021), EXPELM will be computed as (((MFA/MFA(1988-2021)-0.4)/0.6)×0.15) + 0.05, with slope m and intercept b;

(i) the EXPLMB slope "m" is computed as (((((MFA/MFA(1988-2021) - 0.4)/0.6)×0. 5)+0.05) - 0.05)/0.5;

(ii) the EXPELM intercept "b" is computed as 0.05 - (m × 0.5);

(i) if MMA is less than 50 percent of MMA(1988-2021), the fishery will not open;

(ii) if MMA is at least 50 percent but not greater than 100 percent of MMA(1988-2021), the guideline harvest level of legal males will be computed as ((m × MMA/MMA(1988-2021)) + b) × ELM;

(iii) if MMA is greater than 100 percent of MMA(1988-2021), the guideline harvest level of legal males will be 20 percent of ELM;

(2) in an area where the long-term trend in mature male abundance (MMA) is stable or decreasing, the maximum exploitation rate on legal male abundance (EXPELM) in all districts or sections will be established by an analysis of preseason survey mature female abundance (MFA) data as follows:

(A) if MFA is less than 40 percent of MFA(1988-2021), EXPELM will be 0.05;

(B) if MFA is at least 40 percent but not greater than 100 percent of MFA(1988-2021), EXPELM will be computed as (((MFA/ MFA(1988-2021)-0.4)/0.6)×0.15) + 0.05, with slope m and intercept b, and

(i) the EXPELM slope "m" is computed as (((((MFA/MFA(1988-2021) - 0.4)/0.6)×0.15)+0.05) - 0.05)/0.5;

(ii) the EXPELM intercept "b" is computed as 0.05 - (m × 1);

(i) if MMA is less than 100 percent of MMA(1988-2021), the fishery will not open;

(ii) if MMA is at least 100 percent but not greater than 150 percent of MMA(1988-2021), the guideline harvest level of legal males will be computed as ((m × MMA/MMA(1988-2021)) + b) × ELM;

(iii) if MMA is greater than 150 percent of MMA(1988-2021), the guideline harvest level of legal males will be 20 percent of ELM.

(d) Notwithstanding (a) - (c) of this section, in implementing these harvest strategies, the department shall

(1) consider the reliability of the estimates of C. bairdi Tanner crab, the manageability of the fishery, and other factors the department determines necessary to be consistent with sustained yield principles; and

(2) use the best scientific information available and consider all sources of uncertainty as necessary to avoid overfishing.

(e) In this section,

(1) "EXPELM" means the maximum exploitation rate on legal male C. bairdi Tanner crab abundance as determined in (c) of this section;

(2) "MFA" means the abundance of mature female C. bairdi Tanner crab in the entire surveyed portion of the district or section estimated at the time of the preseason survey;

(3) "MFA(1988-2021)" means the mean value of the abundance of mature female C. bairdi Tanner crab in the entire surveyed portion of the district or section estimated at the time of the preseason survey for the period 1988-2021;

(4) "MMA" means the abundance of male C. bairdi Tanner crab in the entire surveyed portion of the district or section that are more than 114 mm carapace width estimated at the time of the preseason survey;

(5) "MMA(1988-2021)" means the mean value of the abundance of male C. bairdi Tanner crab in the entire surveyed portion of the district or section that are more than 114 mm carapace width estimated at the time of the preseason survey for the period 1988-2021; and

(6) "ELM" means 100 percent of the soft-shell, new-shell, and old-shell male C. bairdi Tanner crab abundance in the entire surveyed portion of the district or section that are at least 140 mm (five and one-half inches) carapace width, including lateral spines, estimated at the time of the preseason survey.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 8/8/99, Register 151; am 3/11/2001, Register 157; am 8/14/2005, Register 175; am 9/25/2022, Register 243

5 AAC 35.508 Bering Sea District C. bairdi Tanner crab harvest strategy {#sec-5-aac-35.508 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.508}

(a) In the Bering Sea District, the department shall establish a separate C. bairdi Tanner crab total allowable catch level for that portion of the Bering Sea District that is east of 166° W. long., and for that portion that is west of 166° W. long., as described in (b) and (c) of this section. The maximum exploitation on mature male biomass (EXPMMB) in both areas will be established by an analysis of preseason survey mature female biomass (MFB) data as follows:

(1) if MFB is less than 25 percent of MFB(1982-2018), EXPMMB will be 0.05;

(2) if MFB is at least 25 percent but not greater than 100 percent of MFB(1982-2018), EXPMMB will be computed as (((MFB/FB(1982-2018) - 0.25)/0.75) x 0.15) + 0.05, with slope m and intercept b;

(A) the EXPMMB slope 'm' is computed as (((((MFB/FB(1982-2018) - 0.25)/0.75) x 0.15) + 0.05) - 0.05)/0.75;

(B) the EXPMMB intercept 'b' is computed as 0.05 - (m x 0.25);

(3) if MFB is greater than 100 percent of MFB(1982-2018), EXPMMB will be 0.20.

(b) In that portion of the Bering Sea District that is east of 166° W. long., and under the restrictions of (d) of this section, the total allowable catch level shall be established as follows:

(1) if BE is less than 25 percent of BE,(1982-2018), the fishery will not open;

(2) if BE is at least 25 percent but not greater than 100 percent of BE,(1982-2018), the total allowable catch will be ((m x BE/BE,(1982-2018)) + b) x BE or 50 percent of ELME, whichever is less;

(3) if BE is greater than 100 percent of BE(1982-2018), the total allowable catch will be computed as EXPMMB x BE or 50 percent of ELME, whichever is less.

(c) In that portion of the Bering Sea District that is west of 166° W. long., and under the restrictions of (d) of this section, the total allowable catch level shall be established as follows:

(1) if BW is less than 25 percent of BW,(1982-2018), the fishery will not open;

(2) if BW is at least 25 percent but not greater than 100 percent of BW,(1982-2018), the total allowable catch will be computed as ((m x BW/BW,(1982-2018)) + b ) x BW or 50 percent of ELMW, whichever is less;

(3) if BW is greater than 100 percent of BW,(1982-2018), the total allowable catch will be computed as EXPMMB x BW or 50 percent of ELMW, whichever is less.

(d) Notwithstanding (a) - (c) of this section, in implementing this harvest strategy, the department shall consider the reliability of the estimates of C. bairdi Tanner crab, the manageability of the fishery, and other factors the department determines necessary to be consistent with sustained yield principles, and use the best scientific information available and consider all sources of uncertainty as necessary to avoid overfishing.

(e) In this section,

(1) "EXPMMB" means the maximum exploitation rate on mature male C. bairdi Tanner crab biomass as determined in (a) of this section;

(2) "MFB" means the biomass of mature female C. bairdi Tanner crab in the entire surveyed portion of the Bering Sea estimated for the time of the preseason survey;

(3) "MFB(1982-2018)" means the mean value of the biomass of mature female C. bairdi Tanner crab in the entire surveyed portion of the Bering Sea estimated at the time of the preseason survey for the period 1982-2018;

(4) "BE" means the biomass of male C. bairdi Tanner crab in the portion of the Bering Sea District that is east of 166° W. long. that are more than 112 mm carapace width estimated at the time of the preseason survey;

(5) "BE,(1982-2018)" means the mean value of the biomass of male C. bairdi Tanner crab in the portion of the Bering Sea District that is east of 166° W. long. that are more than 112 mm carapace width estimated at the time of the preseason survey for the period 1982-2018;

(6) "ELME" means 100 percent of the new-shell male C. bairdi Tanner crab in the portion of the Bering Sea District that is east of 166° W. long. that are at least 127 mm (five inches) carapace width, including lateral spines, plus a percentage of old-shell male C. bairdi Tanner crab that are at least 127 mm carapace width estimated at the time of the preseason survey; the percentage of old-shell male C. bairdi Tanner crab will be based on the expected fishery selectivity for old-shell versus new-shell male C. bairdi Tanner crab;

(7) "BW" means the biomass of male C. bairdi Tanner crab in the portion of the Bering Sea District that is west of 166° W. long. that are more than 102 mm carapace width estimated at the time of the preseason survey;

(8) "BW,(1982-2018)" means the mean value of the biomass of male C. bairdi Tanner crab in the portion of the Bering Sea District that is west of 166° W. long. that are more than 102 mm carapace width estimated for the time of the preseason survey for the period 1982-2018;

(9) "ELMW" means 100 percent of the new-shell male C. bairdi Tanner crab in the portion of the Bering Sea District that is west of 166° W. long. that are at least 127 mm (five inches) or greater carapace width, including lateral spines, plus a percentage of old-shell male C. bairdi Tanner crab that are at least 127 mm CW estimated at the time of the preseason survey; the percentage of old-shell male C. bairdi Tanner crab will be based on the expected fishery selectivity for old-shell versus new-shell male C. bairdi Tanner crab.

History

Authority: AS 16.05.251
Eff. 8/8/99, Register 151; am 3/11/2001, Register 157; am 8/24/2002, Register 163; am 8/14/2005, Register 175; am 8/28/2005, Register 175; am 7/1/2006, Register 178; am 7/16/2011, Register 199; am 7/1/2015, Register 214; am 7/29/2017, Register 223; am 6/21/2020, Register 234

5 AAC 35.509 Eastern and Western Aleutian District Tanner crab harvest strategy {#sec-5-aac-35.509 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.509}

(a) In the Eastern Aleutian District, a commercial Tanner crab fishery shall be managed by the department in accordance with 5 AAC 35.080 and may open only if

(1) analysis of preseason survey data indicates that the estimated population at the time of the survey is at or above 50 percent of the long-term average of mature male abundance; and

(2) the fishery is in a section of the Eastern Aleutian District that is sufficient to provide a guideline harvest level (GHL) of 10,000 pounds or more, or, for a fishery in the Unalaska Bay Section, sufficient to provide a guideline harvest level (GHL) of 15,000 pounds or more, as calculated under (d) of this section.

(b) The threshold levels of mature male abundance, in numbers of crab, for the Akutan Bay, Unalaska/Kalekta Bay and Makushin/Skan Bay Sections of the Eastern Aleutian District are calculated as one-half of the average of the annual survey estimated abundance of mature male Tanner crab in each section for the period 1990-2019.

(1) vessel operator must register with the department before fishing in any of the sections and may not be simultaneously registered to fish in more than one section at a time;

(2) commissioner may close, by emergency order, any section based on fishery performance;

(3) commissioner may announce, by emergency order, area closures in Unalaska Bay to reduce the impact of commercial fisheries on subsistence fisheries.

(d) If the commercial Tanner crab fishery in the Eastern Aleutian District is opened under (a) of this section, the GHL will be calculated as follows:

(1) if the current mature male abundance estimate is between 50 and 100 percent of the long-term average, the guideline harvest level will be no more than five percent of the mature male abundance and no more than 10 percent of the legal size male abundance, whichever is less;

(2) if the current mature male abundance estimate is above 100 percent of the long-term average, the guideline harvest level will be no more than 10 percent of the mature male abundance and no more than 15 percent of the legal size male abundance, whichever is less.

(e) In implementing the harvest strategy under this section, the board understands that the department will consider the reliability of the estimates of abundance of Tanner crab, the manageability of the fishery, and other factors deemed necessary to be consistent with sustained yield principles and to use the best scientific information available.

(f) Nothing in this section prohibits the department from opening a commercial fishery for Tanner crab in the General Section of the Eastern Aleutian District under the conditions of a permit issued by the commissioner. The permit required in this section may

(1) specify season dates to consider the timing of mating and molting;

(2) specify areas of fishing operations by district or geographic location to distribute effort;

(3) specify the amount and configuration of pots as needed to minimize bycatch and evaluate fishery performance;

(4) specify harvest limits to prevent localized depletion;

(5) require a department representative to be onboard during fishing operations to collect biological or fishery dependent information needed for stock assessment;

(6) require completion of logbooks provided by the department that include the date, the specific location of harvest by latitude and longitude, the number of pots fished, the average depth of each pot fished, the time that gear is deployed and removed from the water of each set, and the number of crab retained and discarded for the target and each bycatch species; a person may not make a false entry in a logbook required under this section.

(g) Repealed 9/25/2022.

(h) For the purposes of this section,

(1) "average of the annual survey estimated abundance of mature male Tanner crab" means the average of the semi-annual trawl survey estimated abundance of mature male Tanner crab for the period of 1990 - 2019;

(2) "mature male abundance" means the survey estimated abundance of all male Tanner crab greater than 114 millimeters in carapace width.

(i) In the Western Aleutian District, male Tanner crab five and one-half inches carapace width or greater may be taken only under the conditions of a permit issued by the commissioner.

(j) The permit required in (i) of this section, may

(1) specify season dates to consider the timing of mating and molting;

(2) specify areas of fishing operations by district or geographic location to distribute effort;

(3) specify the amount and configuration of pots as needed to minimize bycatch and evaluate fishery performance;

(4) specify harvest limits to prevent localized depletion;

(5) require a department representative to be onboard during fishing operations to collect biological or fishery dependent information needed for stock assessment;

(6) require completion of logbooks provided by the department that include the date, the specific location of harvest by latitude and longitude, the number of pots fished, the average depth of each pot fished, the time gear is deployed and removed from the water of each set, and the number of crab retained and discarded for the target and each bycatch species; a person may not make a false entry in the logbook required in this section.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 9/12/2008, Register 187; am 6/28/2019, Register 230; am 9/25/2022, Register 243

5 AAC 35.510 Fishing seasons for Registration Area J {#sec-5-aac-35.510 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.510}

(a) In the Kodiak District,

(1) in the Northeast, Eastside, Southeast, Southwest, Westside, North Mainland, and South Mainland Sections, pots may be operated to take Tanner crab only from 8:00 a.m. to 5:59 p.m., with a soak time of 14 hours from 6:00 p.m. to 7:59 a.m., from 12:00 noon January 15 until 12:00 noon March 31;

(2) the season opening shall be delayed for 24 hours if the January 14, 4:00 a.m. National Weather Service forecast for any section of the Kodiak District, except in the Semidi Island Overlap and Southwest Sections, contains a gale warning, in which case the season opening in all sections of the Kodiak District eligible for a season opening will be delayed 24 hours; if after the initial weather delay, the 4:00 a.m. National Weather Service forecast again contains a gale warning, the season opening in all sections will be delayed an additional 24 hours; the season opening delays may continue on a rolling 24-hour basis until 12:00 p.m on January 25, when the season will open regardless of any gale warning in the National Weather Service forecasts; for the purposes of this paragraph, the corresponding National Weather Service marine forecast zones for the sections of the Kodiak District are as follows:

(A) Northeast Section: PKZ732;

(B) Eastside Section: PKZ732;

(D) Westside Section: PKZ738;

(E) North Mainland Section: PKZ738;

(3) based on the department's assessment of effort, manageability, and harvest rate, the commissioner may, by emergency order, increase the daily fishing period in the sections specified in this subsection, when the effort in the district declines and a substantial amount of the guideline harvest level remains to be taken;

(4) in the Semidi Island Overlap Section, pots may be operated to take Tanner crab from 12:00 noon January 15 until 12:00 noon February 28.

(b) In the Chignik District,

(1) when the guideline harvest level is 200,000 pounds or more, pots may be operated to take Tanner crab only from 8:00 a.m. to 5:59 p.m., with a soak time of 14 hours from 6:00 p.m. to 7:59 a.m., from 12:00 noon January 15 through 12:00 noon March 31;

(2) the season opening shall be delayed for 24 hours if the January 14, 4:00 a.m. National Weather Service marine forecast contains a gale warning; if after the initial weather delay, the 4:00 a.m. National Weather Service marine forecast again contains a gale warning, the season opening will be delayed an additional 24 hours; the season opening delays may continue on a rolling 24-hour basis until 12:00 p.m on January 25, when the season will open regardless of the National Weather Service marine forecasts; for the purposes of this paragraph, the corresponding National Weather Service marine forecast zone for the Chignik District is PKZ752.

(d) In the Eastern Aleutian District, pots may be operated to take Tanner crab only from 8:00 a.m. to 5:59 p.m., with a soak time of 14 hours, from 6:00 p.m. to 7:59 a.m., from 12:00 noon January 15 until 12:00 noon March 31, unless closed earlier by emergency order.

(e) In the Western Aleutian District, pots may be operated to take Tanner crab only during a season opened by emergency order from 12:00 noon November 1 through 12:00 noon March 31.

(f) In the Bering Sea District, Tanner crab fishing seasons are as follows:

(1) male C. bairdi Tanner crab may be taken from 12:00 noon October 15 until 11:59 p.m. March 31;

(2) in waters west of 165° W. long., male C. opilio Tanner crab may be taken from

(A) 12:00 noon October 15 through 11:59 p.m. May 15 in the Eastern Subdistrict; and

(B) 12:00 noon October 15 through 11:59 p.m. May 31 in the Western Subdistrict;

(3) male hybrid Tanner crab may be taken during the open seasons specified in (1) and (2) of this subsection, under the identification criteria specified in 5 AAC 35.521(c);

(4) Tanner crab may not be taken or possessed in the Norton Sound Section of the Eastern Subdistrict.

(g) For the purposes of this section, "soak time" means the period of time that Tanner crab pot gear is submerged in the water in fishing condition and not being operated.

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 35.511 Permits for tanneri and angulatus Tanner crab in Registration Area J {#sec-5-aac-35.511 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.511}

(a) Male Tanner crab of the species Chionoecetes tanneri and Chionoecetes angulatus may be taken in Registration Area J only under the conditions of a permit issued by the commissioner.

(b) C. tanneri and C. angulatus Tanner crab may be taken only with pots as follows:

(1) in the Kodiak, Chignik, and South Peninsula Districts of Area J,

(A) pots may be longlined;

(B) no more than 150 large pots or 300 small pots may be operated from a vessel, except that in the Kodiak District no more than 75 large pots or 150 small pots may be operated from a vessel;

(2) in that portion of Registration Area J not described in (1) of this subsection, pots may be longlined only in areas where the longlining of pots is permitted for golden king crab.

(c) Fishing operations are restricted to waters 200 fathoms or greater in depth, unless the fishery for golden king crab in that location is closed and an alternate depth is specified in the permit.

(d) The permit required in (a) of this section

(1) may, notwithstanding (c) of this section, restrict the depth of fishing operations;

(2) may specify season dates; the season may be closed during periods before and after other shellfish fisheries;

(3) may specify areas of fishing operations by registration area or by district;

(4) may establish minimum legal size limits;

(5) may require an onboard observer during all operations;

(6) may require a logbook report of operations; and

(f) Except as provided in (b) of this section, the pot limits specified in the registration areas described in 5 AAC 35 for Tanner crab do not apply to Chionoecetes tanneri and Chionoecetes angulatus Tanner crab.

History

Authority: AS 16.05.251
Eff. 8/14/96, Register 139; am 8/14/2005, Register 175

5 AAC 35.515 Guideline harvest ranges {#sec-5-aac-35.515 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.515}

Repealed 7/25/82.

5 AAC 35.517 Bering Sea C. opilio Tanner crab harvest strategy {#sec-5-aac-35.517 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.517}

(a) In the Bering Sea District, the commercial C. opilio Tanner crab fishery may open only if the department's analysis of preseason survey data indicates the population of C. opilio Tanner crab

(1) contains an estimated spawning biomass of at least 25 percent of Bmsy;

(2) repealed 6/10/2010.

(b) If the estimated spawning biomass of C. opilio Tanner crab is

(1) at least 25 percent of Bmsy, but less than Bmsy, the total allowable catch will be (Fmsy /3+(Bt-0.25 x Bmsy) x 0.417 x Fmsy /(0.75 x Bmsy)) x 100 percent of the estimated mature male biomass or 58 percent of exploited legal males, whichever is less;

(2) at or above Bmsy, the total allowable catch will be (0.75 x Fmsy) x 100 percent of the estimated mature male biomass or 58 percent of the exploited legal males, whichever is less.

(c) In implementing this harvest strategy, the board directs the department to use the best scientific information available and to consider the reliability of estimates of C. opilio Tanner crab, the manageability of the fishery, and any other factors the department determines necessary to be consistent with the sustained yield principles.

(d) For the purposes of this section,

(1) "Bmsy" means the population biomass of mature male and female C. opilio Tanner crab that could produce maximum sustained yield under prevailing environmental conditions;

(2) "Bt" means the biomass of mature male and female C. opilio Tanner crab in a given year;

(3) "estimated mature male biomass" means the estimated biomass of all morphometrically mature male C. opilio Tanner crab;

(4) "estimated spawning biomass" means the estimated biomass of all morphometrically mature male C. opilio Tanner crab and all morphometrically mature female C. opilio Tanner crab;

(5) "exploited legal males" means 100 percent of the new-shell male C. opilio Tanner crab that are at least 102 millimeters (four inches) in width of shell, plus a percentage of old-shell male C. opilio Tanner crab that are at least 102 millimeters in width of shell estimated at the time of the survey; the percentage of old-shell male C. opilio Tanner crab will be based on the expected fishery selectivity for old-shell verses new-shell male C. opilio Tanner crab;

(6) "Fmsy" means the fishing mortality of the mature male C. opilio Tanner crab stock that could produce maximum sustained yield under prevailing environmental conditions.

History

Authority: AS 16.05.251
Eff. 8/31/2000, Register 155; am 8/24/2002, Register 163; am 8/14/2005, Register 175; am 6/10/2010, Register 194

5 AAC 35.520 Size limits for Registration Area J {#sec-5-aac-35.520 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.520}

(a) Only male Tanner crab of the species Chionoecetes opilio 3.1 inches or greater in width of shell may be taken or possessed.

(b) In the Bering Sea District, Tanner crab size limits are as follows:

(1) male C. bairdi Tanner crab, or hybrid Tanner crab conforming to the identification criteria described in 5 AAC 35.521(a), must be 4.8 inches or greater in width of shell, except that in the waters west of 166° W. long., male C. bairdi Tanner crab, or hybrid Tanner crab conforming to the identification criteria described in 5 AAC 35.521(a), must be 4.4 inches or greater in width of shell;

(2) male C. opilio Tanner crab, or hybrid Tanner crab conforming to the identification criteria described at 5 AAC 35.521(b), must be 3.1 inches or greater in width of shell.

History

Authority: AS 16.05.251
Eff. 7/25/82, Register 83; em am 3/12/91 - 6/11/91, Register 117; am 4/30/91, Register 118; em am 1/9/92 - 5/7/92, Register 121; am 1/24/92, Register 121; am 9/29/96, Register 139; am 7/1/2006, Register 178; am 7/16/2011, Register 199

5 AAC 35.521 Identification of Bering Sea Tanner crab {#sec-5-aac-35.521 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.521}

(a) In the Bering Sea District, a Tanner crab with both eyes completely red in color and the margin of the upper lip (labrum) notched at two points with angular V-shaped cuts forming an 'M' shape is considered to be a C. bairdi Tanner crab.

(b) In the Bering Sea District, a Tanner crab that does not display the characteristics described in (a) of this section is considered to be a C. opilio Tanner crab.

(c) For the purpose of 5 AAC 35.510(f)(3) and 5 AAC 35.520(b), a hybrid Tanner crab that conforms to the description in (a) of this section is considered to be a C. bairdi Tanner crab, and a hybrid Tanner crab that does not conform to that description is considered to be a C. opilio Tanner crab, as illustrated in the Alaska Department of Fish and Game Chionoecetes Crab Quick Reference Guide, revised as of September 2016, and adopted by reference.

(d) For the purpose of this section, "red" means a primary color similar in hue to blood.

History

Authority: AS 16.05.251
Eff. 1/24/92, Register 121; am 8/14/2005, Register 175; am 8/28/2005, Register 175; am 7/22/2017, Register 223

5 AAC 35.525 Lawful gear for Registration Area J {#sec-5-aac-35.525 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.525}

(a) Tanner crab may be taken only with Tanner crab pots. Tanner crab taken by other means must be returned to the water without further harm.

(b) The following Tanner crab pot requirements are in effect in Registration Area J:

(1) to permit the escapement of undersize C. bairdi Tanner crab, pots used to take C. bairdi Tanner crab in

(A) Registration Area J, except the Bering Sea and Kodiak Districts, must have at least one-third of one vertical surface of the pot composed of not less than six and three-quarter inch stretched mesh webbing or have not less than four circular escape rings of not less than five inches inside diameter installed on the vertical surface of the pot;

(B) the Bering Sea District, must have at least one-third of one vertical surface of the pot composed of not less than six and one-half inch stretched mesh webbing or have not less than four circular escape rings of not less than four and one-half inches inside diameter installed in a manner on the vertical surface of the pot so that the bottom of a ring is not higher on the vertical surface than the first full mesh from the bottom of the pot;

(C) the Kodiak District, if they are rectangular and pyramid pots, must have at least one-third of one vertical surface of the pot composed of not less than six and three-quarter inch stretched mesh webbing; cone pots must have at least one-third of one vertical surface of the pot composed of not less than six and three-quarter inch stretched mesh webbing or have not less than eight circular escape rings of not less than five inches inside diameter installed on the vertical surface of the pot; and

(2) to permit the escapement of undersize C. opilio Tanner crab, pots used to take C. opilio Tanner crab must have at least eight escape rings with an inside diameter measure of no less than four inches installed in a manner on the vertical surface of the pot so that the bottom of a ring is no higher on the vertical surface than the first full mesh from the bottom of the pot, with four escape rings on each of two sides of a four-sided pot, or if the pot has no escape rings as specified in this paragraph, one-half of one side of a four-sided pot must have a side panel composed of not less than five and one-quarter inch stretched mesh webbing.

(1) in the Kodiak District, not more than 20 pots may be operated from a validly registered Tanner crab vessel;

(2) in the Chignik District, an aggregate of no more than 30 pots may be operated from a validly registered Tanner crab vessel, except that if the guideline harvest level exceeds 2,000,000 pounds,

(A) the total number of pots allowed in the fishery is 1,000; and

(B) the department will establish the individual vessel pot limit, not to exceed 50 pots per vessel, by dividing the 1,000 total pot limit by the number of vessels that register by the registration deadline specified in 5 AAC 35.506(e)(6);

(3) in the South Peninsula District, if the

(A) guideline harvest level is less than 2,000,000 pounds, an aggregate of no more than 20 pots may be operated from a validly registered Tanner crab vessel;

(B) guideline harvest level is at least 2,000,000 but less than 3,000,000 pounds, an aggregate of no more than 30 pots may be operated from a validly registered Tanner crab vessel;

(C) guideline harvest level is 3,000,000 or more pounds, an aggregate of no more than 50 pots may be operated from a validly registered Tanner crab vessel;

(4) repealed 9/12/2008;

(5) in the Eastern Aleutian District, the total number of pots allowed in the fishery is 300; the department will establish the individual vessel pot limit by dividing the 300 total pot limit by the number of vessels that register before the season opens; no more than 50 pots per vessel is allowed.

(d) In the Bering Sea District, the tunnel eye openings on the vertical side of a Tanner crab pot may be no more than three inches high, except that up to 20 groundfish pots, as defined in 5 AAC 28.050(e), may be on board the vessel that is registered for either the Bering Sea Tanner crab or Bering Sea snow crab fisheries. Tanner and snow crab taken from these groundfish pots may be retained.

(e) In Registration Area J, a validly registered Tanner crab vessel may not have at any time in the aggregate, more than the legal limit of gear on board the vessel, in the water in fishing condition, and in the water in nonfishing condition. At the time of the tank inspection required under 5 AAC 35.555, the gear must meet all specifications required by this chapter and 5 AAC 39, including identification, escape mechanisms, and mesh size requirements.

(f) For the purposes of this section, "overall length" means the horizontal distance, rounded to the nearest foot, between the foremost part of the stem and the aftermost part of the stern, excluding bowsprits, rudders, outboard motor brackets, and similar fittings or attachments.

History

Authority: AS 16.05.251

5 AAC 35.526 Tanner crab pot marking requirements for Registration Area J {#sec-5-aac-35.526 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.526}

(a) In addition to the requirements of 5 AAC 35.051, in Registration Area J, in locations where a Tanner crab pot limit is in effect, each Tanner crab pot must have one identification tag issued by the department placed on the main buoy or on the trailer buoy if more than one buoy is attached to the pot.

(b) Identification tags are issued before each fishing season, are uniquely numbered for each registration year, and will be issued at the time of vessel registration for that vessel only. The vessel owner, or the owner's agent, shall apply for identification tags at a department office designated to issue the tags. Replacement of tags lost during the season is permitted if the vessel operator submits a sworn statement or affidavit to the department office that issued the tags, describing how the tags were lost and listing the numbers of the lost tags. Replacement tags will only be available from the Kodiak and Dutch Harbor local department offices. Tags shall be renewed annually before each fishing season.

History

Authority: AS 16.05.251; AS 16.05.632
Eff. 9/29/96, Register 139; am 8/24/2002, Register 163; am 9/12/2008, Register 187

5 AAC 35.527 Tanner crab pot storage requirements for Registration Area J {#sec-5-aac-35.527 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.527}

The Tanner crab pot storage requirements in 5 AAC 35.052(a)(2) apply, except in the

(1) Western Aleutian District, pots may be stored in waters of not more than 30 fathoms deep from January 1 through December 31;

(2) Eastern Aleutian District, pots may be stored in waters of not more than 25 fathoms deep only from 30 days before the scheduled opening date of the commercial Tanner crab season through seven days after the closure of the commercial Tanner crab season, except that pots may not be stored in the waters of

(A) Hot Springs Bay inside of a line from the tip of Ridge Point to 54° 12.67' N. lat., 165° 52' W. long.; or

(B) Kalekta Bay inside of a line from the tip of Erskine Point to the tip of Cape Kalekta;

(3) South Peninsula and Chignik Districts, pots may be stored in the water only from the scheduled opening date of the commercial red and blue king crab season until seven days after the closure of the commercial Tanner crab season;

(4) Bering Sea District, pots may be stored in

(A) repealed 8/14/2005;

(B) the waters of the Eastern Subdistrict north of 57° N. lat., south of 58° N. lat., east of 166° W. long., and west of 164° W. long., from January 1 through December 31;

(D) the waters around the Pribilof Islands shoreward of the 25-fathom isobath only from September 1 through May 31, and pots may also be stored in the waters around the Pribilof Islands at any depth within five nautical miles from the shoreline of St. Paul or St. George Islands, or in waters that are not more than 35 fathoms deep for 14 days before the scheduled opening date, and for 14 days after the closure, of the commercial C. opilio season;

(5) Kodiak District and Chignik Districts, retangular pots with all bait and bait containers removed and all doors secured fully open and cone or pyramid pots with all bait and bait containers removed and all doors not secured closed may be stored in waters more than 25 fanthoms for seven days following the season closure for Tanner crab in any section of the Kodiak and Chignik Districts;

(6) Kodiak, Chignik, and South Peninsula Districts, or a section of those districts, if the commissioner, by emergency order, closes the commercial Tanner crab fishing season with less than six-hours notice in a daily period, except when the closure is announced preseason, baited pot gear may be stored in waters deeper than 25 fathoms for up to three days following the closure.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 9/29/96, Register 139; am 8/8/99, Register 151; am 3/11/2001, Register 157; am 8/24/2002, Register 163; am 8/14/2005, Register 175; am 7/16/2011, Register 199; am 6/21/2020, Register 234

5 AAC 35.528 Operation of other gear in Registration Area J {#sec-5-aac-35.528 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.528}

In the Kodiak District, a person or vessel that participated in the commercial Tanner crab fishery may participate in the subsistence Tanner crab fishery in a section of the Kodiak District that is closed to commercial Tanner crab fishing after the person is no longer participating in the commercial fishery and the vessel operator has invalidated the vessel's commercial Tanner crab registration, and after the section of the Kodiak District has been closed to commercial fishing for at least 14 days.

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 9/19/99, Register 151; am 8/31/2000, Register 155; am 8/24/2002, Register 163; am 8/14/2005, Register 175

5 AAC 35.530 Tenders for Tanner crab in Area J {#sec-5-aac-35.530 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.530}

(a) Notwithstanding 5 AAC 35.033(a), in the Kodiak, Chignik, and South Peninsula Districts, a vessel registered to fish for Tanner crab may tender Tanner crab from other registered Tanner crab vessels. A tender operator must be an authorized agent of a licensed processor. A tender operator may not use a vessel as a tender under this section until the tender operator registers the vessel as a tender with the department in Kodiak and receives the department's written authorization to use the vessel as a tender. A tender operator shall comply with the reporting requirements as set out under 5 AAC 39.130.

(b) A vessel registered to fish for Tanner crab may not tender that vessel's own catch for the purposes of satisfying delivery requirements of changing inseason section registration as described in 5 AAC 35.506.

History

Authority: AS 16.05.251
Eff. 7/10/2025, Register 255

5 AAC 35.535 Closed waters in Registration Area J {#sec-5-aac-35.535 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.535}

(a) The waters of Alaska surrounding St. Matthew Island, Hall Island, and Pinnacle Island are closed to the taking of Tanner crab.

(b) The waters of the Bering Sea District east of 163° 00.00' W long., are closed to the taking of Tanner crab, except as incidental harvest in the Bristol Bay red king crab fishery as set out under 5 AAC 35.506(i)(2).

History

Authority: AS 16.05.251
Eff. 8/24/2002, Register 163; am 7/10/2025, Register 255

5 AAC 35.540 Registration Area J inspection points {#sec-5-aac-35.540 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.540}

Registration Area J inspection points are located at Kodiak and Dutch Harbor or at other locations specified by the department.

History

Authority: AS 16.05.251

5 AAC 35.550 District registration {#sec-5-aac-35.550 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.550}

Repealed 7/25/82.

5 AAC 35.555 Inspection requirements for Registration Area J {#sec-5-aac-35.555 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.555}

(a) Except in the Kodiak, Chignik, and South Peninsula Districts, during the 24 hours before the scheduled opening date of the commercial Tanner crab season in Registration Area J, or a portion of Registration Area J, or at any time during the open season before taking crab, a Tanner crab vessel registered for Registration Area J must, when required by the department, have all holds, live tanks, and freezers inspected by a local representative of the department at an inspection point specified in 5 AAC 35.540. Tanner crab may not be on board the vessel at the time of inspection. The requirements of this section do not apply to a registered Tanner crab vessel that does not have a saltwater circulation system in its holds or live tanks. In the Bering Sea District only, the requirements of this section do not apply to catcher-processor vessels, if the commercial C. bairdi Tanner crab season remains open through the opening of the commercial C. opilio Tanner crab season.

(b) Notwithstanding (a) of this section, for the Bering Sea District commercial Chionoecetes opilio fishery, a registered Tanner crab vessel may have its holds, live tanks, and freezers inspected by a local representative of the department at Dutch Harbor or additional locations specified by the department within 48 hours before taking or processing Tanner crab.

History

Authority: AS 16.05.251

5 AAC 35.556 Landing requirements for Registration Area J {#sec-5-aac-35.556 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.556}

(a) The landing provisions of 5 AAC 35.031(c) do not apply to Registration Area J.

(b) In the Kodiak, Chignik, and South Peninsula Districts, or a section of those districts, when the Tanner crab fishery is closed, a vessel with Tanner crab on board may only be used to travel to the port of delivery to offload the Tanner crab. The vessel operator may not pull baited or stored gear or place gear in storage.

History

Authority: AS 16.05.251
Eff. 9/29/96, Register 139; am 8/24/2002, Register 163; am 7/10/2025, Register 255

5 AAC 35.558 Reporting requirements for Registration Area J {#sec-5-aac-35.558 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.558}

In the Eastern Aleutian District, a validly registered Tanner crab vessel must report each day to the department

(1) the number of pot lifts;

(2) the number of crab retained for the 24-hour fishing period preceding the report; and

(3) any other information that the commissioner determines is necessary for the management and conservation of the fishery, as specified in the vessel registration certificate issued under 5 AAC 35.020.

History

Authority: AS 16.05.251
Eff. 8/24/2002, Register 163

5 AAC 35.590 Vessel length restrictions {#sec-5-aac-35.590 omnilex-key=us-ak-regs-official--title-5--5 AAC 35.590}

(a) In the Eastern Aleutian District, in the waters of Unalaska Bay enclosed by a line from Cape Cheerful (54° N. lat., 166° 40.33' W. long.) to Priest Rock (54° N. lat., 166° 22.50' W. long.), Tanner crab may not be taken by vessels over 50 feet, United States Coast Guard registered length or 58 feet overall length. In the remainder of the Eastern Aleutian District, Tanner crab may not be taken by vessels over 58 feet in overall length when the guideline harvest level for Tanner crab in the Eastern Aleutian District is 1,000,000 pounds or less.

(b) Tanner crab may not be taken in the Chignik and South Peninsula Districts by vessels over 58 feet in overall length.

(c) In this section, "overall length" means the straight line length between the extremities of the vessel, excluding anchor rollers.

History

Authority: AS 16.05.251
Eff. 6/30/83, Register 86; am 7/23/88, Register 107; am 8/8/99, Register 151; am 3/11/2001, Register 157; am 8/14/2005, Register 175

Chapter 36 International Water Area

Article 1 Description of Area

5 AAC 36.010 Description of International Water Area {#sec-5-aac-36.010 omnilex-key=us-ak-regs-official--title-5--5 AAC 36.010}

The International Water Area includes all waters outside the exclusive economic zone. For the purpose of this section, "exclusive economic zone" means all waters seaward to a boundary line drawn in such a manner that each point on the line is 200 nautical miles from the baseline from which the territorial sea is measured.

History

Authority: AS 16.05.251; AS 16.10.190

Article 3 Salmon

5 AAC 36.020 Salmon net and longline fishing prohibited {#sec-5-aac-36.020 omnilex-key=us-ak-regs-official--title-5--5 AAC 36.020}

Repealed 6/30/79.

5 AAC 36.030 Transportation and possession {#sec-5-aac-36.030 omnilex-key=us-ak-regs-official--title-5--5 AAC 36.030}

It is unlawful to transport through the Pacific Ocean waters of the state, or to have in possession in this state, any salmon taken by any type of net or longline in international waters of the Pacific Ocean or within the territorial waters of this state or of another state or country where fishing for salmon with nets or longline is unlawful.

History

Authority: AS 16.05.251; AS 16.10.200

Article 7 (Repealed)

5 AAC 36.040 Transportation and possession of shrimp, scallops and king, Dungeness or Tanner crabs {#sec-5-aac-36.040 omnilex-key=us-ak-regs-official--title-5--5 AAC 36.040}

Repealed 6/15/74.

5 AAC 36.050 Transportation and possession of scallops {#sec-5-aac-36.050 omnilex-key=us-ak-regs-official--title-5--5 AAC 36.050}

Repealed 1/29/72.

Chapter 37 Aquatic Plants

Article 1 Harvest Provisions

5 AAC 37.100 Permits {#sec-5-aac-37.100 omnilex-key=us-ak-regs-official--title-5--5 AAC 37.100}

(a) A processor, buyer, harvester of aquatic plants, aquatic plant farmer operating under a permit authorized by AS 16.40.100, or a person intending to collect and supply wild stock to such an aquatic farm must obtain a harvest permit issued by the commissioner, or the commissioner's authorized representative, before operating. The permit must include the following provisions:

(1) the area of operation shall be restricted to one or more fishing districts;

(2) species to be harvested;

(3) method of harvest shall be restricted to mechanical cutting or handpicking;

(4) plants shall be removed from the water at the time of harvesting;

(5) aquatic plants where used as a substrate for herring spawn may be harvested only as otherwise provided in this title.

(b) Notwithstanding (a) of this section, outside of the nonsubsistence areas defined in 5 AAC 99.015, a permit is not required for the harvesting of aquatic plants for noncommercial uses.

History

Authority: AS 16.05.251

5 AAC 37.150 Closed waters {#sec-5-aac-37.150 omnilex-key=us-ak-regs-official--title-5--5 AAC 37.150}

Authority: AS 16.05.251
Eff. 8/8/2007, Register 183; am 6/21/2020, Register 234

Article 4 Cook Inlet Area

5 AAC 37.400 Description of area {#sec-5-aac-37.400 omnilex-key=us-ak-regs-official--title-5--5 AAC 37.400}

The Cook Inlet Area includes all marine waters as described in 5 AAC 21.100.

History

Authority: AS 16.05.251
Eff. 4/24/2020, Register 234

5 AAC 37.420 Permits {#sec-5-aac-37.420 omnilex-key=us-ak-regs-official--title-5--5 AAC 37.420}

(a) Unless otherwise specified in this chapter, aquatic plants may be commercially harvested only under the authority of a permit issued by the commissioner or the commissioner's authorized designee. The permit may

(1) specify season dates;

(2) specify areas of collection by district or by geographic location;

(3) specify the harvest methods;

(4) require completion of a report by the permit holder as described in (b) of this section;

(5) require other conditions that the commissioner determines are necessary for conservation management purposes.

(b) If a report is required by the permit holder under (a)(4) of this section, the report must be submitted to the department not later than 30 days after harvest. The report must include

(1) dates of harvest;

(2) clear photographs of harvested aquatic plants;

(3) estimates of wet weight of harvested aquatic plants;

(4) all information specified in the permit issued by the commissioner.

(c) The commissioner may revoke a permit if the commissioner determines that the terms of the permit have been violated or that the harvest operations jeopardize the sustained yield of the stock.

History

Authority: AS 16.05.251
Eff. 4/24/2020, Register 234

Article 9 Restrictions

5 AAC 37.900 Restrictions {#sec-5-aac-37.900 omnilex-key=us-ak-regs-official--title-5--5 AAC 37.900}

The transplanting of aquatic plants is prohibited, except as follows:

(1) as provided for in 5 AAC 27 for the issuance of permits by the commissioner for the purpose of producing herring spawn-on-kelp in pounds; or

(2) as provided for in 5 AAC 41.001 - 5 AAC 41.400 for the issuance of permits by the commissioner for the purpose of aquatic farming; or

(3) for the issuance of permits by the commissioner for the purposes of scientific research or educational purposes.

History

Authority: AS 16.05.251

Chapter 38 Miscellaneous Shellfish Fishery

Article 1 Registration Areas

5 AAC 38.001 Application of this chapter {#sec-5-aac-38.001 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.001}

Unless otherwise specified, the requirements set out in this chapter apply only to commercial fishing for miscellaneous shellfish. Subsistence fishing, personal use, and sport fishing regulations that affect commercial miscellaneous shellfish fishing vessels or fishing activity are set out in the subsistence fishing regulations in 5 AAC 02, personal use fishing regulations in 5 AAC 77, and sport fishing regulations in 5 AAC 47 - 5 AAC 75.

History

Authority: AS 16.05.251

5 AAC 38.005 Registration areas established {#sec-5-aac-38.005 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.005}

Miscellaneous shellfish registration areas and code letters are:

Code Letter

A - Southeastern Alaska Area (5 AAC 38.100)

D - Yakutat Area (5 AAC 38.160)

E - Prince William Sound Area (5 AAC 38.200)

H - Cook Inlet Area (5 AAC 38.300)

J - Westward Area (5 AAC 38.400).

History

Authority: AS 16.05.251

5 AAC 38.010 Application of regulations {#sec-5-aac-38.010 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.010}

(a) Unless otherwise specified in this chapter, the regulations in this chapter that apply to a miscellaneous shellfish registration area also apply to the waters of the exclusive economic zone that are adjacent to the miscellaneous shellfish registration area.

(b) The commissioner may suspend the application of the regulations in this chapter that apply to a miscellaneous shellfish registration area to all or a portion of the waters of a registration area if the commissioner finds that

(1) application of the regulations fails to facilitate the enforcement of regulations that apply to the territorial waters of Alaska;

(2) application of the regulations fails to protect or conserve miscellaneous shellfish inhabiting territorial waters of Alaska; or

(3) the state has an insufficient interest in the miscellaneous shellfish that inhabit the waters of the adjacent exclusive economic zone to warrant extending the state's jurisdiction to those waters.

(c) For purposes of this section, "exclusive economic zone" means all the waters adjacent to a miscellaneous shellfish registration area and seaward to a boundary that is a line drawn in such a manner that each point on it is 200 nautical miles from the baseline from which the territorial sea is measured.

History

Authority: AS 16.05.251; AS 16.10.190

5 AAC 38.020 Miscellaneous shellfish gear and vessel registration {#sec-5-aac-38.020 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.020}

(a) Unless otherwise specified in this chapter,

(1) all waters of Alaska are considered one registration area;

(2) all miscellaneous shellfish gear must be registered, and all miscellaneous shellfish vessels must be licensed and registered, before fishing for any miscellaneous shellfish during a registration year.

(b) Unless otherwise specified in this chapter, the registration year is January 1 through December 31.

(c) The department shall issue a registration certificate to a vessel that is to be used to fish for miscellaneous shellfish if the vessel owner, or the owner's agent, completes a registration form available from a local representative of the department, and the vessel is licensed and otherwise complies with the requirements of AS 16 and of this title. The vessel owner, or the owner's agent, shall sign the registration certificate when it is issued, shall keep it on board the vessel and immediately available at all times during fishing operations, and shall show it at the request of a local representative of the department.

History

Authority: AS 16.05.251

5 AAC 38.035 Closure of miscellaneous shellfish registration areas and reopening procedures {#sec-5-aac-38.035 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.035}

(a) The commissioner shall monitor the condition of miscellaneous shellfish stocks in all registration areas by using the data and information that are practically available.

(b) When the commissioner finds that continued fishing would jeopardize the health of a shellfish species described in this chapter in a registration area or portion of a registration area, the commissioner, by emergency order, shall close fishing for that shellfish species in the registration area or portion of the registration area.

(c) In determining whether to close a registration area or portion of a registration area, the commissioner shall consider all appropriate factors to the extent there is information available on the factors. Factors that the commissioner shall consider include

(1) the effect of overall fishing effort within the registration area encompassing the territorial waters of Alaska;

(2) catch per unit of effort and rate of harvest;

(3) relative abundance of miscellaneous shellfish resources in the registration area or portion of the registration area in comparison with preseason expectations of the department;

(4) the guideline harvest levels that have been set by regulation;

(5) the proportion of immature shellfish being handled;

(6) general information on the condition of miscellaneous shellfish within the registration area or portion of the registration area;

(7) information pertaining to the maximum sustainable yield level of miscellaneous shellfish within the registration area or portion of the registration area;

(8) timeliness and accuracy of catch reporting by buyers, fishermen, or vessel operators within the registration area or portion of the registration area to the extent that the timeliness or accuracy may reasonably be expected to affect proper management; and

(9) adequacy of subsistence harvest within the registration area or portion of the registration area.

(d) If a registration area or portion of a registration area is closed to fishing for a miscellaneous shellfish resource, the holder of a valid CFEC interim use or limited entry permit for the resource in the registration area or portion of the registration area that was closed, or the vessel owner, or the owner's agent, of a vessel that was validly registered to fish for the miscellaneous shellfish resource in the registration area or portion of the registration area may request in writing that the commissioner reopen the registration area or portion of the registration area. A person making a request under this subsection to reopen the registration area or portion of the registration area shall make the request within five days following the closure. In considering the request to reopen, the commissioner shall consider all relevant information on the condition of the miscellaneous shellfish resource within the closed registration area or portion of the registration area. Within 14 days after receiving the request, the commissioner shall publicly announce a decision either to maintain the closure or to act by emergency order to reopen the registration area or portion of the registration area.

History

Authority: AS 16.05.060; AS 16.05.251

Article 2 General Specifications and Restrictions

5 AAC 38.050 Gear for clams {#sec-5-aac-38.050 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.050}

(a) Except as provided in (b) of this section and unless otherwise specified in this section or chapter, a person may take razor and hardshell clams only by shovels and forks.

(b) Before taking clams with a hydraulic or mechanical clam digger, a person shall obtain a permit issued by the commissioner for the area of intended operation. A person applying for a permit shall specify the location of the person's intended operation and the proposed duration of operation, and shall provide detailed specifications of the hydraulic or mechanical gear that will be used. The commissioner shall deny a permit, may place restrictions on a permit, or may terminate a permit if the commissioner finds that the operation of the hydraulic or mechanical gear may injure or jeopardize the continued health of clams or the viability of other resources inhabiting the area of intended operation.

History

Authority: AS 16.05.251

5 AAC 38.051 Gear for sea urchins {#sec-5-aac-38.051 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.051}

Sea urchins may be taken only by hand picking, which may be aided by use of diving gear, an abalone iron, or a sea urchin rake.

History

Authority: AS 16.05.251
Eff. 7/30/89, Register 111; am 9/12/97, Register 143

5 AAC 38.052 Gear for hair crab {#sec-5-aac-38.052 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.052}

(a) Hair crab may be taken by pots only.

(b) Pots for taking hair crab may be longlined in areas where the longlining of pots is permitted for golden king crab and in Registration Area T, described in 5 AAC 34.800. If a pot for hair crab is longlined, the pot must be marked as required in 5 AAC 34.625(b)(2).

(c) A hair crab pot is a pot with a rigid tunnel eye opening located in the top of the pot, with a tunnel perimeter not to exceed 26 inches, and a base that does not exceed 48 inches in any one dimension.

History

Authority: AS 16.05.251
Eff. 7/30/89, Register 111; em am 3/26/93 - 7/23/93, Register 126; am 7/23/94, Register 131; am 5/8/98, Register 146; am 7/31/2003, Register 167; am 8/14/2005, Register 175

5 AAC 38.054 Unlawful use of dive fishing gear {#sec-5-aac-38.054 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.054}

(a) A person or vessel that is licensed or registered to commercially fish for any species of miscellaneous shellfish may not operate dive fishing gear

(1) in waters closed to the taking of miscellaneous shellfish in a registration area from 14 days before a commercial opening for miscellaneous shellfish in that registration area;

(2) during closed periods between weekly commercial openings for miscellaneous shellfish in that registration area; or

(3) during the 14-day period after the person has participated in a commercial miscellaneous shellfish fishery in that registration area, as indicated by the date of landing on a fish ticket.

(b) The prohibition described in (a) of this section does not

(1) include diving for a nonharvesting purpose authorized by a local representative of the department; or

(2) prohibit a diver from

(A) legally participating in any commercial miscellaneous shellfish fishery; or

(B) diving on an aquatic farm site permitted by the department under 5 AAC 41 for the purpose of operating the aquatic farm in Registration Area A.

History

Authority: AS 16.05.251; AS 16.05.723; AS 16.05.920 AS 16.05.722; AS 16.05.901
Eff. 4/15/94, Register 130; am 9/28/97, Register 143; am 5/11/2012, Register 202

5 AAC 38.055 Gear for scallops {#sec-5-aac-38.055 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.055}

Repealed 6/27/93.

5 AAC 38.058 Scallop fishing permits {#sec-5-aac-38.058 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.058}

Repealed 7/14/85.

5 AAC 38.060 Gear for octopi and squid {#sec-5-aac-38.060 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.060}

Legal gear as defined in 5 AAC 39.105, including pot gear as described in 5 AAC 31, 5 AAC 32, 5 AAC 34 and 5 AAC 35, may be used to take octopi and squid.

History

Authority: AS 16.05.251(a)

5 AAC 38.061 Fishing season for octopi and squid {#sec-5-aac-38.061 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.061}

There is no closed season for octopi and squid.

History

Authority: AS 16.05.251(a)

5 AAC 38.062 Permits for octopi, squid, hair crab, sea urchins, sea cucumbers, sea snails, and other marine invertebrates {#sec-5-aac-38.062 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.062}

(a) Unless otherwise specified in 5 AAC 03 - 5 AAC 39, marine invertebrates, except king crab, Tanner crab, Dungeness crab, clams, scallops, and spot, coonstripe, sidestripe, and pink shrimp, and krill (species of the Order Euphausiacea), may be taken only under the authority of a permit issued by the commissioner or the commissioner's authorized designee.

(b) The permit may

(1) stipulate location and duration of harvests;

(2) limit gear and other harvest procedures; and

(3) require periodic or annual reporting.

(d) The commissioner may refuse or terminate a permit if the commissioner finds that the terms of the permit have been violated or that the harvest operations jeopardize the sustained viability of the resource.

(e) The commissioner will not issue a permit under this section to take corals and sponges.

History

Authority: AS 16.05.251

5 AAC 38.065 Permits for oysters {#sec-5-aac-38.065 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.065}

Repealed 4/15/81.

5 AAC 38.068 Coral harvesting {#sec-5-aac-38.068 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.068}

Repealed 7/14/85.

5 AAC 38.070 Registration and inspection documents {#sec-5-aac-38.070 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.070}

Repealed.

5 AAC 38.075 Minimum legal size for clams {#sec-5-aac-38.075 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.075}

(a) Unless otherwise specified in this chapter, the minimum legal size for razor clams is four and one-half inches (114 mm) in length of shell.

(b) The minimum legal size for butter clams is two and one-half inches (63mm) in greatest length of shell as measured by a straight line distance, not including the curvature of the shell.

(c) The minimum legal size for littleneck clams is one and one-half inches (38mm) in greatest length of shell as measured by a straight line distance, not including the curvature of the shell.

History

Authority: AS 16.05.251
Eff. 9/19/90, Register 115; am 5/8/98, Register 146

5 AAC 38.076 Alaska Scallop Fishery Management Plan {#sec-5-aac-38.076 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.076}

(a) The requirements of the management plan contained in this section apply to vessels commercially fishing for scallops.

(b) The following scallop registration areas are established:

(1) Scallop Registration Area A (Southeastern Alaska) is Registration Area A as described in 5 AAC 38.100, except for all waters of District 16 as described in 5 AAC 31.200(p);

(2) Scallop Registration Area D (Yakutat) is Registration Area D as described in 5 AAC 38.160, and all waters of District 16 as described in 5 AAC 31.200(p);

(3) Scallop Registration Area E (Prince William Sound) is Registration Area E, described in 5 AAC 38.200;

(4) Scallop Registration Area H (Cook Inlet) is Registration Area H, described in 5 AAC 38.300;

(5) Scallop Registration Area K (Kodiak) is Registration Area K, described in 5 AAC 34.400;

(6) Scallop Registration Area M (Alaska Peninsula) is Registration Area M, described in 5 AAC 34.500;

(7) Scallop Registration Area O (Dutch Harbor) has as its northern boundary the latitude of Cape Sarichef (54° 36' N. lat.), as its eastern boundary the longitude of Scotch Cap Light, and as its western boundary 171° W. long., excluding the waters of Scallop Registration Area Q;

(8) Scallop Registration Area Q (Bristol Bay-Bering Sea) is the combination of the Bristol Bay and Bering Sea Registration Areas, described in 5 AAC 34.800 and 5 AAC 34.900;

(9) Scallop Registration Area R (Adak) has as its eastern boundary 171° W. long., as its western boundary the Maritime Boundary Agreement Line as that line is described in the text of and depicted in the annex to the Maritime Boundary Agreement between the United States and Union of Soviet Socialist Republics signed in Washington, June 1, 1990, and as that Maritime Boundary Agreement Line is depicted on NOAA Chart #513 (7th Edition, June 2004) and NOAA Chart #514 (7th Edition, January 2004), adopted by reference, and as its northern boundary 55° 30' N. lat.

(c) A person may use a vessel to take scallops only in a scallop registration area and the waters of the exclusive economic zone adjacent to the scallop registration area and only if the owner or the owner's authorized agent has registered the vessel with the department for that scallop registration area. In this subsection, "exclusive economic zone" means all of the waters adjacent to a scallop registration area and seaward to a boundary that is a line drawn in such a manner that each point on it is 200 nautical miles from the baseline from which the territorial sea is measured.

(d) A vessel may be registered to take scallops in only one scallop registration area at a time, except that the department may permit a vessel to register for one additional registration area as follows:

(1) before entering or leaving a scallop registration area for which the vessel is validly registered, the vessel permit holder must contact the department office responsible for management of the registration area as specified in ( l) of this section or as specified on the area registration;

(2) a certified scallop observer, as described in 5 AAC 39.143, must be on board the vessel; before the vessel leaves port for either the registered area or the additional registration area the vessel intends to fish, the vessel's onboard observer must have been briefed by the department;

(3) before checking out of or into a registration area, the scallop onboard observer must verify the total pounds of processed or unprocessed scallops on board the vessel; a vessel changing registration areas may not have any unprocessed scallops on board the vessel;

(4) once a vessel has checked out of a registration area, that vessel may not check back in to that same registration area unless the onboard observer on board that vessel has been debriefed by the department;

(5) in addition to the requirements of (p) of this section, a CFEC permit holder shall ensure that all harvest from a registration area is reported on an ADF&G fish ticket before checking out of a registration area and provide the fish ticket number and harvest reported on each ticket to the department office responsible for management of the registration area.

(e) In addition to the other requirements of this section, a person who takes scallops other than weathervane scallops, and a person who takes weathervane scallops when a permit is required under this chapter, must obtain a permit issued by the department which might include:

(1) location and duration of harvests;

(2) gear limitations and other harvest procedures;

(3) periodic reporting, including logbook requirements;

(4) requirements for onboard observers; and

(5) catch or bycatch limits.

(f) Unless otherwise provided by permit issued under (e) of this section, scallops may be taken only as follows:

(1) a vessel fishing for weathervane scallops may use and carry only scallop dredges with rings having an inside diameter of four inches or larger;

(2) a vessel fishing for scallops other than weathervane scallops may use or carry only scallop dredges with rings having an inside diameter of three inches or larger;

(3) a person may not use chafing gear or other devices that decrease the legal inside ring diameter of a scallop dredge, except that rubber chafing gear may be used on the bottom of the ring bag that contacts the substrate but may not be placed forward of the first continuous row of rings behind the sweep chain; for the purposes of this paragraph "continuous row of rings" means a row of rings that is parallel to the cutting bar and extends the full width of the ring bag;

(4) no more than two scallop dredges may be operated at one time from a vessel, and the opening of a scallop dredge may not be more than 15 feet wide; the opening of a dredge is measured in a straight line, parallel to the cutting bar, at the widest point, as determined by the distance between the attachment points for the sweepchain (center of the pad eye).

(g) The department may require a vessel fishing in a scallop fishery with a guideline harvest range established by regulation to carry an onboard observer as specified in 5 AAC 39.141 - 5 AAC 39.144, 5 AAC 39.146, and 5 AAC 39.645 - 5 AAC 39.646, unless the department determines that carrying an observer in that fishery will not serve the purposes of the onboard observer program. The department shall require a vessel fishing in a scallop fishery without a guideline harvest range established by regulation to carry an onboard observer as specified in 5 AAC 39.141 - 5 AAC 39.144, 5 AAC 39.146, and 5 AAC 39.645 - 5 AAC 39.646.

(h) Fishing seasons, open and closed areas, and guideline harvest ranges for taking weathervane scallops are set out in 5 AAC 38.120, 5 AAC 38.167, 5 AAC 38.168, 5 AAC 38.180, 5 AAC 38.220, 5 AAC 38.221, 5 AAC 38.224, 5 AAC 38.320, 5 AAC 38.324, 5 AAC 38.420, 5 AAC 38.425, and 5 AAC 38.430.

(i) Weathervane scallops may be shucked by hand only. A mechanical shucking machine may not be on board a vessel that is fishing for weathervane scallops.

(j) A vessel that is fishing for weathervane scallops may have on board no more than 12 persons who are crewmembers of the vessel. For the purpose of this subsection, "crewmember" means a person who is involved with the operations of the vessel, and includes a captain, mate, engineer, cook, deckhand and processing worker, but does not include an onboard observer.

(k) The commissioner may establish bycatch limits for crab in the scallop fishery.

(l) A CFEC permit holder must check in with the department before fishing, and check out before departing the management area. Check in and check out contacts will be specified by the department at the time of registration.

(m) Catch reports must be submitted to the applicable area office as specified by the department at the time of registration.

(n) A vessel operator and crewmembers must give all king crab that are caught to the onboard observer.

(o) Log sheets, issued by the department, must be completed after each tow and returned to the department either by mail or facsimile as specified by the department at the time of registration.

(p) Fish tickets must be completed on a weekly basis by the vessel operator and submitted to a local representative of the department within seven days after off-loading product. The reporting week begins at 12:01 a.m. Monday through 11:59 p.m. Sunday. Each fish ticket must document the number of tows and pounds of scallop meats harvested, by statistical area.

History

Authority: AS 16.05.251
Eff. 6/27/93, Register 126; am 7/23/93, Register 127; am 7/23/94, Register 131; am 9/12/97, Register 143; am 12/26/97, Register 144; am 5/8/98, Register 146; am 7/31/2003, Register 167; am 8/8/2003, Register 167; am 8/23/2009, Register 191; am 7/13/2012, Register 203; am 6/27/2025, Register 254

5 AAC 38.078 State-Waters Weathervane Scallop Management Plan {#sec-5-aac-38.078 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.078}

(a) In addition to the other requirements of 5 AAC 38 that apply to weathervane scallop, including the applicable provisions of 5 AAC 38.076, the provisions of the management plan in this section apply to the commercial taking of weathervane scallop in the state waters of Alaska in Scallop Registration Area D (Yakutat), Scallop Registration Area E (Prince William Sound), Scallop Registration Area K (Kodiak), and Scallop Registration Area O (Dutch Harbor).

(b) The weathervane scallop vessel registration year is April 1 through March 31.

(c) To participate in a state-waters weathervane scallop commercial fishery specified in (a) of this section, a vessel operator, or the vessel operator's authorized agent, must show an intent to participate by submitting to the department a preseason registration form under (d) of this section by the preseason registration deadline of 5:00 p.m. April 1 for the weathervane scallop vessel registration year, and before fishing, must comply with the registration requirements of 5 AAC 38.076.

(d) To register a vessel preseason, the vessel operator, or the vessel operator's authorized agent, must possess a valid CFEC interim-use permit for statewide scallop that includes the vessel's ADF&G permanent license plate number. The vessel operator, or the vessel operator's authorized agent, shall submit a preseason registration form in person, or by mail, electronic mail, or facsimile transmission, to the designated department office in the area responsible for management of the fishery. The preseason registration form must indicate each registration area that the vessel is being registered for and must include the vessel operator's

(1) CFEC interim-use permit number; and

(2) indication of an intent to participate in the commercial weathervane scallop fishery in the registration area or areas in either the state waters only or the state waters and the federal waters of the exclusive economic zone.

(e) Based on the department's assessment of vessel effort, manageability, and available harvest in state waters, the department may manage weathervane scallop in state waters separately from weathervane scallop in federal waters of the exclusive economic zone if a vessel that is fishing only under a CFEC interim-use state-waters scallop permit is registered in an area under this section.

(f) Notwithstanding 5 AAC 38.076(c), if the commissioner determines that it is necessary for management and conservation purposes, the commissioner may require a vessel operator to register as provided by 5 AAC 38.076 for either the state waters or the federal waters of the exclusive economic zone. The operator of a participating vessel must change its registration before fishing for weathervane scallops in different waters. The operator of a participating vessel may change registration only by contacting the designated department office in the area responsible for management of the fishery for which the vessel is currently registered during business hours of 8:00 a.m. through 5:00 p.m., Monday through Friday, except a state holiday, unless otherwise specified by the department. Before changing registration, the vessel operator shall ensure that all harvested scallops are shucked, except for scallops to be delivered live under 5 AAC 38.327(f), and the harvest weight is reported to the department.

(g) A registered weathervane scallop vessel operator must report each day to the designated department office in the area responsible for management of the fishery any information that the commissioner determines is necessary for management and conservation of the fishery. The harvest of weathervane scallop taken from state waters must be reported on a fish ticket and the harvest of weathervane scallop taken from federal waters must be reported on a separate fish ticket. The harvest of weathervane scallop taken in state and federal waters may not be reported on the same fish ticket.

(h) A vessel participating in the scallop fishery must have on board an activated vessel monitoring system (VMS) approved by the National Marine Fisheries Service.

(i) For purposes of area and time closures, for example, if a vessel is restricted by vessel registration to either state or federal waters or the fishing season is closed under this section, a scallop vessel has ceased fishing when all scallop dredges being deployed from the vessel are visible at the water surface. If all dredges are not visible at the surface or not on board the vessel, the vessel is considered to be fishing.

(j) If the commissioner determines that a trip limit will contribute to conservation or promote an orderly fishery, the commissioner may close, by emergency order, the commercial weathervane fishery in a registration area, or portion of a registration area, and reopen the fishery during which a trip limit is in effect based on the guideline harvest level or remaining guideline harvest level divided by the number of vessels that are currently registered.

(k) For the purposes of this section,

(1) the boundary between the state waters of Alaska and the adjacent federal waters of the exclusive economic zone in

(A) Scallop Registration Area D is the three nautical mile line as shown on NOAA Chart #16016 (22nd Edition, August 2012), adopted by reference;

(B) Scallop Registration Area E is the three nautical mile line as shown on NOAA Chart #16723 (15th Edition, January 29, 2000), adopted by reference;

(C) Scallop Registration Area K is the three nautical mile line as shown on NOAA Chart #16580 (14th Edition, January 2008), as revised as of November 2011 by the chartlet for Uyak Bay on Kodiak Island, adopted by reference;

(D) Scallop Registration O is the three nautical mile line as shown on NOAA Chart #16011 (38th Edition, August 2012), adopted by reference;

(2) the designated department office in the area responsible for management of the fishery in

(A) Registration Area D is the department's office in Douglas or Yakutat;

(B) Registration Area E is the department's office in Cordova;

(D) Registration Area O is the department's office in Dutch Harbor.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 4/1/2014, Register 209; am 8/10/2018, Register 227

Article 3 (Repealed)

5 AAC 38.085 Agreements for use privilege {#sec-5-aac-38.085 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.085}

Repealed.

Article 4 Prohibitions

5 AAC 38.090 Unlawful possession of miscellaneous shellfish aboard a vessel {#sec-5-aac-38.090 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.090}

(a) Repealed 5/8/98.

(b) Repealed 5/8/98.

(d) It is unlawful for any person aboard a vessel registered to fish for miscellaneous shellfish to possess more than one species of miscellaneous shellfish at any one time, except that in Registration Area A, a vessel registered to fish for miscellaneous shellfish may possess both red and green sea urchins concurrently.

History

Authority: AS 16.05.251; AS 16.05.723; AS 16.05.920 AS 16.05.722; AS 16.05.901

5 AAC 38.091 Unlawful acts within a statistical area {#sec-5-aac-38.091 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.091}

Repealed.

5 AAC 38.096 Violation of reporting requirements {#sec-5-aac-38.096 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.096}

Repealed.

5 AAC 38.098 Violation of regulations {#sec-5-aac-38.098 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.098}

Repealed.

Article 5 Registration Area A (Southeastern Alaska)

5 AAC 38.100 Description of Registration Area A {#sec-5-aac-38.100 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.100}

Registration Area A (Southeastern Alaska) has as its southern boundary the International Boundary at Dixon Entrance and as its northern boundary a line extending seaward from the western tip of Cape Fairweather, at 58° 47.89' N. lat., 137° 56.68' W. long., to the intersection with the seaward limit of the three-nautical-mile territorial sea at 58° 45.96' N. lat., 138° 01.40' W. long.

History

Authority: AS 16.05.251

5 AAC 38.105 Description of Registration Area A districts and sections {#sec-5-aac-38.105 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.105}

Registration Area A districts and sections are as described in 5 AAC 31.200.

History

Authority: AS 16.05.251

5 AAC 38.107 Closed waters for clams, mussels, and cockles in Registration Area A {#sec-5-aac-38.107 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.107}

Clams, mussels, and cockles may not be taken in waters of Port Althorp enclosed by a line from Point Lucan to 58° 09.71' N. lat., 136° 19.67' W. long.

History

Authority: AS 16.05.251
Eff. 6/30/84, Register 90; em am 4/30/91 - 8/27/91, Register 118; am 3/11/2001, Register 157; am 9/21/2003, Register 167

5 AAC 38.110 Fishing seasons for clams in Registration Area A {#sec-5-aac-38.110 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.110}

(a) There is no closed season for clams, except that clam harvesting may be conducted only under the terms of a permit issued by the commissioner. The permit may specify the species to be harvested, method of fishing, area of operation, harvest levels, and other related specifications.

(b) Repealed 6/12/76.

History

Authority: AS 16.05.251

5 AAC 38.112 Minimum legal size for clams in Registration Area A {#sec-5-aac-38.112 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.112}

There is no minimum legal size for razor clams in Registration Area A.

History

Authority: AS 16.05.251
Eff. 5/8/98, Register 146

5 AAC 38.115 Subsistence fishery for clams {#sec-5-aac-38.115 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.115}

Repealed 6/30/79.

5 AAC 38.120 Fishing seasons for scallops {#sec-5-aac-38.120 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.120}

Repealed.

5 AAC 38.130 Fishing seasons for abalone in Registration Area A {#sec-5-aac-38.130 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.130}

Abalone may be taken or possessed from October 1 through May 15.

History

Authority: AS 16.05.251

5 AAC 38.131 Abalone size limit and landing requirements for Registration Area A {#sec-5-aac-38.131 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.131}

(a) Abalone four inches (102 mm) or larger in greatest diameter of shell may be taken or possessed.

(b) The shells of abalone may be removed only at locations specified on the permit issued under 5 AAC 38.133. The vessel operator shall notify a local representative of the department when changing locations of abalone shucking operations.

History

Authority: AS 16.05.251

5 AAC 38.132 Gear for abalone in Registration Area A {#sec-5-aac-38.132 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.132}

Abalone may be taken by diving gear and abalone iron.

History

Authority: AS 16.05.251(a)

5 AAC 38.133 Abalone fishing permits for Registration Area A {#sec-5-aac-38.133 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.133}

(a) Abalone fishing may be conducted only under authority of a permit issued by the commissioner. The permit may specify reporting requirements and additional harvest restrictions.

(b) Before engaging in the subsistence abalone fishery, a commercial abalone fisherman shall return the commercial permit to the department and land the commercial catch in possession. A person that returns a permit to the department during the open commercial abalone fishing season may not obtain another permit until 30 days after the closure of the commercial abalone fishing season.

History

Authority: AS 16.05.251

5 AAC 38.134 Closed waters for abalone in Registration Area A {#sec-5-aac-38.134 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.134}

The following waters are closed to commercial abalone fishing:

(1) District 1, north of the latitude of Kirk Point;

(2) District 2, north of the latitude of Chasina Point;

(3) waters of Districts 3 and 4 enclosed by a line beginning at a point on the western shore of Prince of Wales Island at the latitude of Cape Lynch, then to Cape Lynch to Cape Ulitka to Point Santa Gertrudis to Point Cangrejo to Bocas Point, then along the shoreline of Suemez Island to Lontana Point to Divers Island Light to Divers Point, then along the shoreline of Dall Island to Cape Muzon to Point Marsh, and then north along the western shore of Prince of Wales Island to the beginning point;

(4) District 5, south of the latitude of Cape Decision and west of 134° W. long.;

(5) District 9, south of the latitude of Cape Decision;

(6) District 13, south of the latitude of Neva Point Light and north of the latitude of Dorothy Narrows.

History

Authority: AS 16.05.251

5 AAC 38.135 Guideline harvest ranges for abalone in Registration Area A {#sec-5-aac-38.135 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.135}

The guideline harvest ranges for the taking of abalone are

(1) for District 13: 8,000 pounds; and

(2) for all other districts: 25,000 - 50,000 pounds.

History

Authority: AS 16.05.251

5 AAC 38.140 Southeastern Alaska Sea Cucumber Management Plan {#sec-5-aac-38.140 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.140}

(a) A permit described under 5 AAC 38.062 is not required for the taking of sea cucumbers in Registration Area A.

(b) Sea cucumbers may be taken from the first Monday in October through March 31 during the weekly fishing period established by emergency order. The weekly fishing period will occur on Mondays from 8:00 a.m. until 3:00 p.m. and on Tuesdays from 8:00 a.m. until 12:00 noon, except that

(1) during the week of Thanksgiving, the weekly fishing period will occur on Sunday from 8:00 a.m. until 3:00 p.m. and on Monday from 8:00 a.m. until 12:00 noon;

(2) beginning in November, the commissioner may, by emergency order, extend or shorten a weekly fishing period in an area in order to obtain the guideline harvest level in that area;

(3) during the week of Christmas and New Year's Day, the department may modify the days of the weekly fishing period by emergency order so that the fishing period does not fall on the holiday and does not add additional days to the weekly fishing period;

(4) the department may, by emergency order, extend the sea cucumber season through April 30.

(c) Sea cucumbers may be taken in areas within Registration Area A as specified by an emergency order issued by the commissioner before each fishing season. An area may not be opened unless the department has conducted a biomass assessment in that area within the preceding two years. An area shall be closed by emergency order if the guideline harvest level is reached before the closing date of the season. An area opened by emergency order under this subsection may not be opened again until at least two subsequent fishing seasons have passed.

(d) Except as specified in (l) of this section, a CFEC permit holder may not land or possess more than 2,000 pounds of eviscerated sea cucumbers during any weekly fishing period established under (b) of this section, except that the commissioner may, by emergency order, establish a weekly fishing period during which the weekly harvest limit specified in this subsection docs not apply in an area in which the guideline harvest level has not been reached.

(e) During an open sea cucumber fishing period, only a licensed CFEC sea cucumber permit holder may operate dive gear from a vessel that is licensed and registered to fish for sea cucumbers and no more than two licensed CFEC sea cucumber permit holders may conduct fishing operations from, or land commercially harvested sea cucumbers from, a vessel that is licensed and registered to commercially fish for sea cucumbers. From 24 hours before, during, and for 24 hours after a fishing period, or when commercially harvested sea cucumbers are on board the vessel, no more than three licensed CFEC sea cucumber permit holders may be transported, housed, quartered, or domiciled on board a vessel that is licensed and registered to commercially fish for sea cucumbers.

(f) In order to provide a refuge for sea cucumbers below 18 meters depth, saturation diving or the use of mixed gases is prohibited, except that the use of enhanced air nitrox having concentrations of oxygen that do not exceed 40 percent and having a remainder of nitrogen is permitted. Sea cucumbers may only be harvested by picking them by hand and placing them in bags. All other means of harvesting sea cucumbers are prohibited.

(g) Sea cucumbers may be harvested by divers using the following:

(1) scuba gear;

(2) a tethered, umbilical, surface-supplied system; or

(3) a snorkel.

(h) The department shall establish a guideline harvest level for each area open to the harvest of sea cucumbers. The guideline harvest level shall be based on population estimates from the department's biomass assessment, and shall be calculated as a product: Guideline Harvest Level = 3 x CF x GF x M x P, where:

CF = 0.4scaling factor relating maximum sustainable fishing

mortality to unexploited population size;

GF = 0.6correction factor to allow for errors in assumptions

upon which the surplus production model is based;

M = 0.32estimated instantaneous mortality rate for sea

cucumbers;

P =most recent biomass estimate, taken as the lower

bound of the one-sided 90 percent confidence

interval.

The guideline harvest level includes a factor of three to account for a two-year closure under (c) of this section. If the commissioner receives new information about sea cucumber productivity or if the commissioner determines that modifying the guideline harvest level will contribute to conservation, law enforcement, waste reduction, or promote development of the fishery, the commissioner may modify the guideline harvest level.

(i) Repealed 9/28/97.

(j) Repealed 7/18/2003.

(k) The following waters are closed to commercial sea cucumber fishing:

(1) District 1:

(A) subdistrict 101-27, in waters of Nichols Passage north of a line from the southernmost tip of Dall Head, located on the southernmost tip of Gravina Island, to the easternmost tip of Cedar Point, located on the western shore of Annette Island, and south of a line from the southernmost tip of Gravina Point, located on the southeast shore of Gravina Island, to the northernmost tip of Walden Point, located on the northwesternmost tip of Annette Island;

(B) repealed 7/29/2009;

(2) District 2: those waters north and west of a line from Grindall Point at 55° 27.10´ N. lat., 132° 09.34´ W. long., south to 55° 26.47´ N. lat., 132° 10.03´ W. long., northwest to 55° 27.48´ N. lat., 132° 12.46´ W. long., northwest to 55° 31.48´ N. lat., 132° 21.96´ W. long., west to 55° 31.49´ N. lat., 132° 33.28´ W. long., south to 55° 28.94´ N. lat., 132° 35.99´ W. long., and south to 55° 27.22´ N. lat., 132° 40.02´ W. long. at the southern entrance to Harris Bay;

(3) District 3:

(A) the waters of Section 3-A that are north and east of a line from Halibut Nose to a point on Sukkwan Island at 55° 09.27´ N. lat., 132° 53.77´ W. long., north of a line from the southernmost tip of Sukkwan Island to a point on Prince of Wales Island at 54° 59.53´ N. lat., 132° 36.73´ W. long., and west of a line from a point on Prince of Wales Island at 55° 08.95´ N. lat., 132° 38.47´ W. long., located in Hetta Inlet approximately 1.1 nautical miles northeast of Eek Pt., to a point at 55° 03.25´ N. lat., 132° 38.80´ W. long., located approximately 0.6 nautical miles west of Lime Point, to a point on Prince of Wales Island at 54° 59.53´ N. lat., 132° 36.73´ W. long.;

(B) the waters of Section 3-B that are

(i) east of a line from a point on Prince of Wales Island located at 55° 34.56´ N. lat., 133° 13.65´ W. long. to Fern Reef buoy, to Point Eugenia and north of a line from the northernmost tip of Point Miliflores to Point Miraballes and including those waters of Port St. Nicholas; and

(ii) the waters of Port Caldera, Prince of Wales shoreline, and contiguous waters east of 133° 13.63´ W. long. and west of 133° 07.00´ W. long.;

(4) District 5: the waters of Shipley Bay east of a line from 56° 05´ N. lat., 133° 39.50´ W. long., to 56° 07.17´ N. lat., 133° 38.58´ W. long., and the waters of Seclusion Harbor, Three Mile Arm, and Rocky Pass north of 56° 32´ N. lat. (north end of Monte Carlo Island) and south of the latitude of the Summit at 56° 40.57´ N. lat.;

(5) District 6: the waters of Section 6-B of Whale Pass and Coffman Cove, including all waters along the shore of Prince of Wales Island, and the shores of the adjacent islands west of a line from Luck Point to a point at 56° 10.30´ N. lat., 133° 02.25´ W. long.;

(6) District 9: the waters of Rowan Bay and Bay of Pillars east of a line from Point Ellis to Point Sullivan;

(7) District 10: all waters west of a line extending from the Admiralty Island shoreline at 57° 26´ N. lat., 133° 54.20´ W. long. to Point Gambier to the northernmost tip of Gambier Island at 57° 27.75´ N. lat., 133° 51.48´ W. long.;

(8) District 11: the waters of Section 11-C along the western shore of Stephens Passage south of the latitude of Midway Island;

(9) repealed 5/26/2006;

(10) District 12: the waters of District 12 in Chatham Strait along the shore of Admiralty Island south of the latitude of Danger Point Light at 57° 30.93´ N. lat. and north of the latitude of Distant Point at 57° 24.04´ N. lat., including all waters of Kootznahoo Inlet and Hood Bay;

(11) District 13:

(A) the waters of Section 13-A along the Chichagof Island shore south of 57° 47´ N. lat., and north of 57° 37.17´ N. lat., excluding Klag Bay, Lake Anna, and Sister Lake;

(B) the waters of Section 13-B in Whale Bay east of a line from North Cape at 56° 35.83' N. lat., 135° 08.54' W. long., to Point Lauder at 56° 32.46' N. lat., 135° 03.89' W. long., and a portion of Sitka Sound in ADF&G statistical areas 113-40 and 113-41 east of a line from the northern entrance to Deep Inlet at 56° 59.60´ N. lat., 135° 18.67´ W. long., to the westernmost tip of Long Island at 56° 59.98' N. lat., 135° 21.93' W. long., to Bieli Rock at 57° 05.43' N. lat., 135° 30.05' W. long., to Dog Point at 57° 10.15' N. lat., 135° 25.47' W. long.;

(12) District 14: the waters of Section 14-B in Port Frederick west and south of a line from Crist Point to Point Sophia;

(13) District 15: the waters of Section 15-C along the western shore of Lynn Canal south of the latitude of Point Sherman;

(14) District 16: the waters of Torch Bay north of the latitude of the southernmost point of Venisa Point.

(l) A CFEC permit holder who is an agent for a licensed processor and on board a vessel that is registered to operate as a tender vessel may commercially harvest sea cucumbers and transport sea cucumbers that have been harvested by other CFEC permit holders. The tender vessel may have on board more than the 2,000-pound limit specified in (d) of this section, if completed fish tickets, as required under 5 AAC 39.130, for the excess poundage are on board the vessel.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 2/27/91, Register 117; am 4/15/94, Register 130; am 9/28/97, Register 143; am 12/26/97, Register 144; am 5/8/98, Register 146; am 10/12/2000, Register 156; am 3/11/2001, Register 157; am 7/18/2003, Register 167; am 12/1/2004, Register 172; am 5/26/2006, Register 178; am 7/29/2009, Register 191; am 5/11/2012, Register 202; am 5/9/2015, Register 214; am 8/27/2016, Register 219; am 6/17/2018, Register 226; am 8/10/2018, Register 227; am 9/25/2022, Register 243; am 11/10/2024, Register 252; am 6/27/2025, Register 254

5 AAC 38.142 Southeastern Alaska Geoduck Fishery Management Plan {#sec-5-aac-38.142 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.142}

(a) The purpose of the management plan under this section is to direct the department in the management of the geoduck commercial fishery in Registration Area A (Southeastern Alaska Area). In the management of the commercial geoduck fishery, the department may consider paralytic shellfish poison (PSP) levels.

(b) Unless the commissioner determines otherwise, a permit described in 5 AAC 38.050 and 5 AAC 38.062 is not required to take geoducks in Registration Area A.

(c) From October 1 through September 30, geoducks may be taken only during fishing periods established by emergency order.

(d) There is no size limit for geoducks.

(e) A person must retain all geoducks harvested by that person.

(f) A person may only take geoducks with dive gear and while using a hand manually-operated, water jet device having a manual shut-off valve and a nozzle with an inside diameter of not more than seven-eighths inch. If the commissioner determines that the gear is being operated in a manner that wastes the resource, destroys the resource, or causes damage to geoducks or other fishery resources, the commissioner may close, by emergency order, the fishing season and reopen a season in which the commissioner modifies or prohibits the gear specified in this subsection.

(g) The department shall designate areas that are appropriate for commercial harvest of geoducks according to stock assessment surveys conducted by the department. The department shall establish a guideline harvest level for each area that has had a biomass survey conducted and the department has designated for a commercial geoduck fishery. The guideline harvest level will be based on estimates of biomass derived from stock assessment surveys conducted on the stock within the 12 years that precede the opening of the commercial geoduck fishery in that area. The guideline harvest level for each area will be calculated as two percent of the most recent estimated biomass, per year. The commissioner may modify these procedures by regulation based on new information regarding geoduck productivity.

(h) The commissioner may not open the commercial geoduck fishery in an area if the estimated biomass of the geoduck stock in that area is less than 30 percent of the original biomass determined by the first stock assessment conducted by the department on that stock. The commissioner may modify this percentage if the department receives information about geoduck productivity that supports a modification.

(i) A person shall attach a tag to each container that holds geoducks commercially harvested by that person. The tag must indicate the date of harvest, the harvest location, and the harvester's name. The person shall keep the tag attached to the container while it is being transported to a processor or dealer.

(j) A person that commercially harvested geoducks is required to submit a fish ticket under 5 AAC 39.130 and shall record on that fish ticket

(1) the pounds of geoducks harvested;

(2) the area fished for geoducks;

(3) the dive time, for each area, given in minutes, for harvesting the geoducks specified on that fish ticket; and

(4) any other information the commissioner determines is necessary for the conservation and management of the geoduck fishery.

(k) The commissioner may establish the maximum amount of geoducks that may be harvested during a fishing period. If the commissioner determines that a rate of delivering geoducks will contribute to conservation, law enforcement, waste reduction, or assist the development of the fishery, the commissioner may close, by emergency order, a fishing period in a designated area, and reopen a fishing period in the same area for which the commissioner designates a rate of delivery.

(l) The following waters are closed to the commercial taking of geoducks:

(1) District 1:

(A) waters of Grant Cove, and contiguous waters along the west coast of Gravina Island, south of 55° 21.37' N. lat., and north of 55° 20.70' N. lat.;

(B) waters east of a line from Indian Point at 55° 36.85' N. lat., 131° 42.02' W. long., to the northeasternmost tip of Betton Island at 55° 31.95' N. lat., 131° 46.37' W. long., to the southeasternmost tip of Betton Island at 55° 29.90' N. lat., 131° 48.18' W. long., to Survey Point at 55° 28.07' N. lat., 131° 49.87' W. long.;

(C) waters of Nichols Passage north of a line from the southernmost tip of Dall Head located on the southernmost tip of Gravina Island, to the easternmost tip of Cedar Point located on the western shore of Annette Island, and south of a line from the southernmost tip of Gravina Point located on the southeast shore of Gravina Island, to the northernmost tip of Walden Point, located on the northwesternmost tip of Annette Island;

(2) District 3: waters of Port Mayoral that are north of the latitude of the northernmost tip of Cristina Island (55° 22.83' N. lat.) and south of the latitude of Point San Leonardo (55° 24.25' N. lat.);

(3) District 13:

(A) waters of Kliuchevoi Bay east of a line from 56° 50.40' N. lat., 135° 22.52' W. long. to 56° 50.20' N. lat., 135° 22.68' W. long.;

(B) waters within the unnamed bay located southeast of Frosty Reef east of a line from 56° 52.82' N. lat., 135° 22.93' W. long. to 56° 52.70' N. lat., 135° 22.98' W. long. to 56° 52.61' N. lat., 135° 22.97' W. long. and south of 56° 53.00' N. lat.;

(4) waters identified as a permitted mariculture site for the culture of geoduck.

(m) If the commissioner determines that logbooks will contribute to conservation, management, or development of the fishery, the commissioner may, by emergency order, close the commercial geoduck fishing season and immediately reopen a commercial geoduck fishing season during which logbooks are required in all specific geoduck fisheries. If a logbook is required under this section, the logbook must be filled out daily and before leaving the harvest site. A permit holder shall submit a completed logbook to the department with the applicable ADF&G fish tickets no later than seven days after landing geoducks. A logbook must be available for inspection upon request from a representative of the department or a peace officer of the state. A logbook must include the following information:

(1) fishing activity;

(2) location of harvest and effort;

(3) any other information that the commissioner determines necessary for management purpose.

(n) Except as specified in (o) of this section, a CFEC permit holder may not harvest, land, or possess more than 1,000 pounds of geoduck, measured whole and unshucked, during any weekly fishing period established under (c) of this section, except that the commissioner may, by emergency order, establish as necessary a weekly fishing period during which the weekly harvest limit specified in this subsection does not apply in an area in which the guideline harvest level has not been reached.

(o) A CFEC permit holder may commercially harvest geoduck from a tender vessel as defined in 5 AAC 39.130(o)(17), and the tender vessel may have on board more than the 1,000-pound limit specified in (n) of this section, if completed fish tickets from other permit holders, as required under 5 AAC 39.130, are on board the vessel, for all geoduck delivered to the vessel.

(p) During an open geoduck fishing period, no more than two CFEC geoduck permit holders may conduct fishing operations from, or deliver geoduck from, a vessel that is licensed and registered to commercially fish for geoduck. From 24 hours before, during, and for 24 hours after a fishing period, or when commercially harvested geoduck are on board the vessel, no more than three CFEC geoduck permit holders may be on board a vessel that is registered to commercially fish for geoduck. The commissioner may, by emergency order, modify the number of CFEC geoduck permit holders that may be on board or fish from a registered vessel to not more than four divers if the total weekly harvest limit is five hundred pounds or less. If more than two CFEC permit holders are permitted to be on board a vessel, only two CFEC geoduck permit holders may actively conduct fishing operations in the water at the same time.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 10/12/2000, Register 156; am 3/11/2001, Register 157; am 7/18/2003, Register 167; em am 3/9/2005 - 7/6/2005, Register 174; am 5/26/2006, Register 178; am 7/29/2009, Register 191; am 6/17/2018, Register 226; am 6/27/2025, Register 254

5 AAC 38.145 Southeastern Alaska Red Sea Urchin Management Plan {#sec-5-aac-38.145 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.145}

(a) The requirements of this management plan apply to the commercial taking of red sea urchins in Registration Area A.

(b) A permit described in 5 AAC 38.062 is not required for the taking of red sea urchins in Registration Area A.

(d) Red sea urchins may be taken only from 5:00 a.m. to 8:00 p.m. during periods established by emergency order.

(e) If the commissioner determines that hours different from those set out in (d) of this section will contribute to law enforcement or to management of the red sea urchin fishery, the commissioner may specify, by emergency order, other hours during which red sea urchins may be taken.

(f) The commissioner shall open fishing periods in at least 16 weeks of a season unless the commissioner determines that this frequency will adversely impact conservation, law enforcement, waste reduction, or development of the fishery.

(g) During an open fishing period for red sea urchins, no more than two licensed CFEC red sea urchin permit holders may conduct fishing operations from, or land commercially harvested red sea urchins from, a vessel that is licensed and registered to participate in the commercial red sea urchin fishery. From 24 hours before, during, and for 24 hours after a fishing period or at any time that commercially harvested red sea urchins are on board the vessel, no more than three licensed CFEC red sea urchin permit holders may be transported, housed, quartered, or domiciled on board a vessel that is licensed and registered to commercially take, transport, or process red sea urchins.

(h) Notwithstanding 5 AAC 38.051, red sea urchins may be taken only by hand picking. A person taking red sea urchins may use a hand-held sea urchin rake or an abalone iron.

(i) A person diving for red sea urchins may use scuba gear, a tethered, umbilical, surface supplied system, or a snorkel.

(j) The commissioner shall establish, by emergency order, subdistricts for the taking of red sea urchins.

(k) Except as provided in ( l) of this section, there is no size limit for red sea urchins.

(l) If the commissioner determines that size restrictions or trip limits will contribute to conservation, law enforcement, waste reduction, or promote development of the fishery, the commissioner may close, by emergency order, the red sea urchin fishing season in a district or subdistrict, and reopen a season in that district or subdistrict during which size restrictions or trip limits are in effect.

(m) Until the roe is removed by processing, a person shall keep red sea urchins taken from different fishing districts or subdistricts in separate containers, and shall clearly mark on each container the district or the subdistrict in which the urchins were taken and the name of the diver who took the urchins. If all red sea urchins on board a vessel were taken from the same district or subdistrict, no marking under this subsection is required.

(n) A vessel that is used for the processing of red sea urchins must carry an onboard observer as specified in 5 AAC 39.141 - 5 AAC 39.143 and 5 AAC 39.645 if unprocessed red sea urchins are on board that vessel. The commissioner may, instead of requiring an onboard observer under this section, require that the processing of red sea urchins be conducted under a permit issued by the commissioner with the following conditions:

(1) each person shall keep the processed red sea urchins taken from different fishing districts or subdistricts in separate containers, and separate from any other person's processed red sea urchins; the person shall clearly mark each container with the district or subdistrict from which the urchins were taken and the name of the person who took the urchins;

(2) all red sea urchins must be processed on board the vessel that harvested the urchins;

(3) no more than two persons may process red sea urchins on board a vessel under this subsection;

(4) a person may process only the red sea urchins harvested by that person;

(5) any other conditions the commissioner deems necessary for the conservation and management of an orderly fishery.

(o) In addition to the applicable requirements of 5 AAC 39.130,

(1) a diver shall report on an ADF&G fish ticket the pounds taken and dive times by subdistrict;

(2) the owner or operator of a facility or vessel that purchases unprocessed red sea urchins shall

(A) within 30 days after the purchase, submit to the department a report indicating the pounds of red sea urchins purchased, the pounds of the red sea urchin roe recovered, the price paid to the person who delivered the urchins, and the number of the ADF&G fish ticket prepared at the time of delivery;

(B) upon the request of an employee or representative of the department, report information regarding the dates, locations, and times of any delivering, transporting, unloading, or processing of red sea urchins.

(p) The department shall establish a guideline harvest level for each district or subdistrict open to commercial fishing for red sea urchins. The guideline harvest level shall be based on population estimates from the department's biomass assessment. The annual guideline harvest level shall be a maximum of six percent of the most recent assessment survey population estimate, taken as the lower bound of the one-sided 90 percent confidence interval. Fishing shall not be allowed in a district or subdistrict unless a stock assessment survey to determine biomass and size distribution has been conducted in that district or subdistrict within the previous six years. Between assessment surveys, no more than the equivalent of three annual guideline harvest levels may be harvested. If the commissioner receives new information about red sea urchin productivity or if the commissioner determines that modifying the guideline harvest level will contribute to conservation, law enforcement, waste reduction, or promote development of the fishery, the commissioner may modify the guideline harvest level.

(q) The commissioner shall close a district or subdistrict to the taking of red sea urchins when the commissioner determines from the prevailing rate of harvest that the guideline harvest level in that district or subdistrict will be reached.

(r) The department shall, to the extent practicable, attempt to manage the fishery so that approximately 25 percent of the guideline harvest level is taken within 30 days of each emergency opening unless the commissioner determines that this will adversely impact conservation, law enforcement, waste reduction, or development of the fishery.

(s) The following waters are closed to the taking of red sea urchins:

(1) in District 1,

(A) subdistrict 101-27, waters of Nichols Passage north of a line from the southernmost tip of Dall Head located on the southernmost tip of Gravina Island to the easternmost tip of Cedar Point located on the western shore of Annette Island and south of a line from the southernmost tip of Gravina Island located on the southeast shore of Gravina Point to the northernmost tip of Walden Point located on the northwesternmost tip of Annette Island;

(2) in District 4,

(A) waters east of a line that extends from Lontana Point to Diver's Island Light to Diver's Point;

(B) repealed 7/18/2003.

(t) In this section, "processing" means the removal of roe from red sea urchins for subsequent sale; "processing" does not include the occasional sampling of roe quality by a person who harvests red sea urchins.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 12/8/96, Register 140; am 9/28/97, Register 143; am 5/8/98, Register 146; am 10/12/2000, Register 156; am 3/11/2001, Register 157; am 7/18/2003, Register 167; am 5/26/2006, Register 178; am 8/8/2007, Register 183; am 9/19/2019, Register 231

5 AAC 38.146 Registration requirements for red sea urchins, sea cucumbers, and geoducks in Registration Area A {#sec-5-aac-38.146 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.146}

(a) Registration Area A is a registration area for red sea urchins, sea cucumbers, and geoducks. The registration management areas for geoducks are described as follows:

(1) Southern Management Area: Districts 1 - 8; and

(2) Northern Management Area: Districts 9 - 16.

(b) For red sea urchins and geoducks, the registration year is October 1 through September 30. For sea cucumbers, the registration year is October 1 through March 31.

(c) The department may require holders of CFEC permits for red sea urchins or sea cucumbers to register with the department before harvesting those resources. Before harvesting geoducks, a holder of a CFEC permit to harvest geoducks must register with the department. The department may require registration conditions that allow for geoduck fishing in only one registration management area or in one defined harvest area with a specified guideline harvest level. If a CFEC permit holder is allowed by the department to fish for geoducks in a different registration management area, the permit holder shall contact the department during business hours of 8:00 a.m. to 5:00 p.m. at least two business days before the weekly opening, before fishing for geoducks in a different registration management area. For the purpose of this subsection, "business days" means days other than Saturday, Sunday, or a state holiday.

(d) The owner or operator of a vessel that is used to transport, house, quarter, or domicile a person who is licensed or registered to harvest red sea urchins, sea cucumbers, or geoducks, or that is used to transport unprocessed red sea urchins, sea cucumbers, or geoducks, must register that vessel with the department before using the vessel in Registration Area A for either purpose.

History

Authority: AS 16.05.251
Eff. 12/8/96, Register 140; am 9/28/97, Register 143; am 5/8/98, Register 146; am 10/12/2000, Register 156; am 7/29/2009, Register 191; am 5/11/2012, Register 202

5 AAC 38.147 Dive gear restrictions for Registration Area A {#sec-5-aac-38.147 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.147}

(a) Notwithstanding 5 AAC 38.054, a person may use dive gear to fish commercially for other shellfish and miscellaneous shellfish during the 14 days immediately before the scheduled opening date of a commercial red sea urchin fishery except that a person who participates in that fishery may not during that period use dive gear for subsistence, personal use, or sport dive fishing.

(b) Notwithstanding 5 AAC 38.054, a person who uses dive gear to fish in a commercial red sea urchin fishery may fish in other commercial shellfish and miscellaneous shellfish dive fisheries within the 14-day period specified in 5 AAC 38.054.

(c) In Registration Area A, a person who or vessel that operates dive gear during any time period specified in 5 AAC 38.054(a), except as provided in 5 AAC 38.054(b), may not participate in any commercial, sport, personal use, or subsistence dive fishery for 28 days following the use of dive gear.

History

Authority: AS 16.05.251
Eff. 12/8/96, Register 140; am 5/11/2012, Register 202

5 AAC 38.148 Transporting red sea urchins in Registration Area A {#sec-5-aac-38.148 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.148}

In Registration Area A, the commissioner may require a person to obtain a transport permit from the department before transporting unprocessed red sea urchins from Registration Area A, if the commissioner determines that the call-in reporting process is inadequate. Before issuing a transport permit, a local representative of the department shall inspect the unprocessed urchins and the fish tickets, and take biological samples of the urchins. The department shall conduct the inspections and sampling in Ketchikan or at other locations specified by the department. A person shall request the inspections and sampling by contacting the department office in Ketchikan in person, by telephone, or by radio from 8:00 a.m. until 4:30 p.m., Monday through Friday, excluding state holidays.

History

Authority: AS 16.05.251
Eff. 8/8/2007, Register 183

5 AAC 38.150 Octopus Bycatch Management Plan {#sec-5-aac-38.150 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.150}

(a) Octopus may only be taken as incidental bycatch in Registration Area A in pot and longline gear fisheries.

(b) The guideline harvest range for octopus in Registration Area A is 0 - 35,000 pounds.

(1) pot gear is 35 percent by weight of the whole weight of the targeted species on board the vessel; and

(2) longline gear is 15 percent by weight of the round weight of groundfish or halibut on board the vessel.

(d) The commissioner may close, by emergency order, Registration Area A to the retention of octopus when the upper end of the guideline harvest range has been reached.

(e) Octopus retained for sale or for personal use must be recorded on a fish ticket as specified in 5 AAC 39.130.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 7/29/2009, Register 191

Article 6 Registration Area D (Yakutat)

5 AAC 38.160 Description of Registration Area D {#sec-5-aac-38.160 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.160}

History

Authority: AS 16.05.251
Eff. 4/30/91, Register 118; am 4/23/94, Register 130; am 5/8/98, Register 146; am 3/11/2001, Register 157; am 8/14/2003, Register 167

5 AAC 38.161 Description of Registration Area D districts {#sec-5-aac-38.161 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.161}

(a) Yakataga District: waters between the longitude of Cape Suckling (144° W. long.) and the longitude of Icy Cape (141° 42' W. long.).

(b) Yakutat District: waters between the longitude of Icy Cape (141° 42' W. long.) and a line running southwest from the westernmost tip of Cape Fairweather.

History

Authority: AS 16.05.251
Eff. 4/30/91, Register 118; am 5/8/98, Register 146; am 3/11/2001, Register 157

5 AAC 38.165 Fishing seasons for clams in Registration Area D {#sec-5-aac-38.165 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.165}

There is no closed season on clams, except that clam harvesting may be conducted only under the terms of a permit issued by the commissioner. The permit may specify the species to be harvested, method of fishing, area of operation, harvest levels and other related information.

History

Authority: AS 16.05.251
Eff. 4/30/91, Register 118

5 AAC 38.167 Fishing seasons for scallops in Registration Area D {#sec-5-aac-38.167 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.167}

In Scallop Registration Area D, described in 5 AAC 38.076(b)(2), weathervane scallops may be taken only from July 1 through February 15 unless the season is closed by emergency order. When the season is closed under 5 AAC 38.168, a person may take weathervane scallops only if the department issues the person a permit under 5 AAC 38.076(e) for exploratory fishing for new scallop beds.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 4/30/91, Register 118; am 6/27/93, Register 126; am 7/23/94, Register 131; am 9/12/97, Register 143

5 AAC 38.168 Guideline harvest range for the taking of scallops in Registration Area D {#sec-5-aac-38.168 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.168}

In Scallop Registration Area D, described in 5 AAC 38.076(b)(2), the guideline harvest range for the taking of weathervane scallops is 0 - 285,000 pounds of shucked meat.

History

Authority: AS 16.05.251
Eff. 6/27/93, Register 126; am 7/23/94, Register 131; am 6/17/2018, Register 226

5 AAC 38.180 Closed waters for scallops in Registration Area D {#sec-5-aac-38.180 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.180}

The waters of Yakutat Bay east of a line from the easternmost tip of Ocean Cape at 59° 32.05' N. lat., 139° 52.03' W. long. to the southernmost tip of Point Manby at 59° 41.07' N. lat., 140° 18.06' W. long. are closed to the taking of scallops.

History

Authority: AS 16.05.251
Eff. 4/30/91, Register 118; am 5/26/2006, Register 178

Article 7 Registration Area E (Prince William Sound)

5 AAC 38.200 Description of Registration Area E {#sec-5-aac-38.200 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.200}

Registration Area E has as its western boundary a line running along the longitude of Cape Fairfield at 148° 50.25' W. long., south to the latitude of Cape Douglas at 58° 51.10' N.lat., then west to 149° W. long., then south along 149° W. long., and as its eastern boundary the longitude of Cape Suckling at 144° W. long.

History

Authority: AS 16.05.251

5 AAC 38.205 Description of Registration Area E districts and sections {#sec-5-aac-38.205 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.205}

(a) Inside District: all waters in the Prince William Sound Area enclosed by lines from Point Whitshed to Point Bentinck, from Cape Hinchinbrook to Zaikof Point, and from Cape Cleare to Cape Puget.

(1) Eastern Section: all waters of the Outside District east of 147° W. long., with the following subsections:

(A) East Kayak Subsection: waters between 144° W. long. and the longitude of the Cape Saint Elias lighthouse at 144° 35.90' W. long., and south of Kayak Island;

(B) West Kayak Subsection: waters between 146° W. long. and the longitude of the Cape Saint Elias lighthouse at 144° 35.90' W. long., and north of Kayak Island;

(2) Western Section: all waters of the Outside District west of 147° W. long.

History

Authority: AS 16.05.251

5 AAC 38.206 Area E registration {#sec-5-aac-38.206 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.206}

(a) Notwithstanding 5 AAC 38.020(a)(1), Registration Area E is a separate registration area for all miscellaneous shellfish.

(b) Notwithstanding 5 AAC 38.062(a), a commercial clam fishery in Registration Area E may only be conducted under a commissioner's permit as specified in 5 AAC 38.062.

(c) Before a person uses a vessel to operate octopus lair pots in the Registration Area E directed octopus fishery, the vessel's owner, or owner's agent, shall register the vessel with the department.

History

Authority: AS 16.05.251
Eff. 5/8/98, Register 146; am 7/13/2012, Register 203; am 6/7/2025, Register 254

5 AAC 38.210 Fishing seasons for clams and mussels in Registration Area E {#sec-5-aac-38.210 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.210}

There is no closed season for clams and mussels.

History

Authority: AS 16.05.251

5 AAC 38.211 Gear for clams in Registration Area E {#sec-5-aac-38.211 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.211}

(a) Razor clams may be taken by shovels and forks.

(b) Butter clams (Saxidomus giganteus) and littleneck clams (Protothaca staminea) may be taken by shovels, forks, or floating hydraulic clam diggers.

(c) Hydraulic or mechanical clam diggers may be used to take razor clams only in the western Copper River Delta and Orca Inlet under a commissioner's permit issued under 5 AAC 38.050(b).

History

Authority: AS 16.05.251
Eff. 5/8/98, Register 146

5 AAC 38.212 Minimum legal size for clams {#sec-5-aac-38.212 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.212}

Repealed 9/19/90.

5 AAC 38.214 Closed waters for clams in Registration Area E {#sec-5-aac-38.214 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.214}

Razor clams may not be taken from Kanak Island for any purposes other than for human consumption as food.

History

Authority: AS 16.05.251
Eff. 7/14/85, Register 95

5 AAC 38.215 Guideline harvest levels for clams in Registration Area E {#sec-5-aac-38.215 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.215}

Repealed.

History

Eff. 7/14/85, Register 95; repealed 7/13/2012, Register 203

5 AAC 38.217 Registration Area E Octopus Management Plan {#sec-5-aac-38.217 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.217}

(a) Notwithstanding 5 AAC 38.062, in Registration Area E, octopus may be taken

(1) in a directed fishery as specified in (e) - (l) of this section; or

(2) as bycatch in pot, trawl, and longline gear in commercial fisheries.

(b) The guideline harvest range for octopus in Registration Area E is 0 - 35,000 pounds; when the guideline harvest level has been reached, the commissioner shall close, by emergency order, Registration Area E to the retention of octopus.

(c) Octopus may be retained as bycatch only in an amount not to exceed 20 percent, by weight, of the directed harvest on board the vessel, except that in a directed fishery for shrimp, octopus may be retained in an amount not to exceed 35 percent, by weight, of the shrimp on board the vessel.

(d) Octopus retained for sale or for personal use shall be reported on a fish ticket as described in 5 AAC 39.130.

(e) A CFEC permit holder shall register for the directed octopus fishery before operating in the directed fishery.

(f) In the directed fishery, octopus may only be taken by octopus lair pots that are fished individually or on a longline. An octopus lair pot may not contain bait or attractants.

(g) Each octopus lair pot must be marked as follows:

(1) at least one buoy on each pot must be legibly marked with the permanent ADF&G vessel license plate number of the vessel operating the gear; the number must be

(A) located on the top one-half of the buoy;

(B) in numerals at least four inches high and one-half inch wide;

(D) visible on the buoy above the water surface when the buoy is attached to the pot;

(2) when five or more octopus lair pots are longlined, each end of the longline must have a buoy attached that is marked as described in (1) of this subsection;

(3) on each buoy marked with the ADF&G vessel license plate number, the letters "OC" must be marked on the buoy to designate the gear as octopus lair pot gear; only the ADF&G vessel license plate number of the specific vessel operating the gear may be marked on the buoy;

(4) for the purposes of this section, "longlined" means more than one octopus lair pot is attached to a stationary, buoyed, and anchored line.

(h) If there is a closure of a directed octopus fishery, octopus lair pot gear must be removed from the water within seven days of the closure.

(i) After 24 hours following the closure of a directed octopus fishery, a vessel registered for the directed octopus fishery may not have octopus on board.

(j) Log sheets will be provided by the department at the time of registration and must be filled out completely and submitted within seven days of landing date.

(k) A prior notice of landing is required as specified on the registration and includes the

(1) location of landing and estimated time of delivery;

(2) name of buyer or processor, if applicable; and

(3) estimated number of pounds of octopus on board the vessel.

(l) For the purposes of this section, "octopus lair pot" means a structure designed and constructed

(1) to be submerged to retain octopus alive in the water that does not have a device or design element that restricts or impedes exit by an octopus from the octopus lair pot;

(2) with a maximum volume of two cubic feet;

(3) with an entry perimeter not greater than nine inches tall by nine inches wide.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 7/13/2012, Register 203; am 6/7/2025, Register 254

5 AAC 38.220 Fishing seasons for scallops in Registration Area E {#sec-5-aac-38.220 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.220}

In Scallop Registration Area E, weathervane scallops may be taken only in the Eastern Section of the Outside District from July 1 through February 15, unless the season is closed by emergency order.

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 38.221 Guideline harvest range for the taking of scallops in Registration Area E {#sec-5-aac-38.221 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.221}

In Scallop Registration Area E, the guideline harvest range for weathervane scallops is 0 - 50,000 pounds of shucked scallop meat.

History

Authority: AS 16.05.251
Eff. 6/27/93, Register 126; am 7/1/2015, Register 214

5 AAC 38.224 Closed waters for scallops in Registration Area E {#sec-5-aac-38.224 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.224}

Scallops may not be taken in the waters enclosed by a line running along the longitude of Cape Suckling at 144° W. long. to a point at 60° N. lat., then west along 60° N. lat. to a point at 146° W. long., then north along 146° W. long. until it intersects a line drawn between Point Bentinck and Point Whitshed.

History

Authority: AS 16.05.251
Eff. 7/23/94, Register 131; am 3/11/2001, Register 157; am 7/1/2006, Register 178; am 7/1/2015, Register 214

5 AAC 38.230 Fishing season for sea snails {#sec-5-aac-38.230 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.230}

Repealed 6/30/83.

Article 8 Registration Area H (Cook Inlet)

5 AAC 38.300 Description of Registration Area H {#sec-5-aac-38.300 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.300}

Registration Area H has as its eastern boundary the longitude of Cape Fairfield (148° 50.25' W. long.) and as its southern boundary the latitude of Cape Douglas (58° 51.10' N. lat.).

History

Authority: AS 16.05.251

5 AAC 38.305 Description of Registration Area H districts {#sec-5-aac-38.305 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.305}

(a) Except as provided in (b) of this section, districts are as described in 5 AAC 21.200.

(b) For clams and mussels, the subdistricts in the Southern District (Kachemak Bay) are described as follows:

(1) Subdistrict 1: All waters of Kachemak Bay east of a line from the mouth of Fritz Creek at 59° 40.75' N. lat., 151° 22.30' W. long. to the west end of Glacier Spit at 59° 38.50' N. lat., 151° 12.30' W. long., including Chugachik Island;

(2) Subdistrict 2: All waters of Kachemak Bay enclosed by a line from the west end of Glacier Spit at 59° 38.50' N. lat., 151° 12.30' W. long. to 60-Foot Rock to Anisom Point, including China Poot Bay and Halibut Cove;

(3) Subdistrict 3-A: All waters of Kachemak Bay enclosed by a line from Anisom Point to 60-Foot Rock and west to 59° 33' N. lat., 151° 32' W. long. and south to the west end of Hesketh Island at 59° 30.30' N. lat. to 151° 32' W. long. and from the east end of Hesketh Island east along 59° 30.50' N. lat., 151° 23' W. long. and south to the head of Sadie Cove at 59° 27.70' N. lat., 151° 20.60' W. long., including Yukon Island and the northern and eastern beaches of Sadie Cove;

(4) Subdistrict 3-B: All waters of Kachemak Bay enclosed by a line from the head of Sadie Cove at 59° 27.70' N. lat., 151° 20.60' W. long. north to 59° 30.50' N. lat., 151° 23' W. long. and west along 59° 30.50' N. lat. to the east end of Hesketh Island and south to 59° 27.20' N. lat., 151° 24.75' W. long. and south to the head of Tutka Bay at 59° 24.80' N. lat., 151° 17.20' W. long., including the southern and western beaches of Sadie Cove and the eastern and southern beaches of Tutka Bay;

(5) Subdistrict 4: All waters of Kachemak Bay enclosed by a line from the head of Tutka Bay at 59° 24.80' N. lat., 151° 17.20' W. long. north to 59° 27.20' N. lat., 151° 24.75' W. long. and north to the east end of Hesketh Island at 59° 30.50' N. lat., 151° 30' W. long. and from the west end of Hesketh Island at 59° 30.30' N. lat., 151° 32' W. long. to Barabara Point, including the Herring Islands, Jakolof and Kasitsna Bays, and the northern and western beaches of Tutka Bay.

History

Authority: AS 16.05.251
Eff. 7/23/94, Register 131; am 3/11/2001, Register 157

5 AAC 38.306 Area H registration {#sec-5-aac-38.306 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.306}

(a) Notwithstanding 5 AAC 38.020(a)(1), Registration Area H is a separate registration area for all miscellaneous shellfish.

(b) The registration deadline for the registration year for the clam and mussel fishery in the Southern District of Registration Area H is April 1.

History

Authority: AS 16.05.251
Eff. 5/8/98, Register 146

5 AAC 38.310 Fishing seasons for clams in Registration Area H {#sec-5-aac-38.310 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.310}

Notwithstanding 5 AAC 38.062(a), and unless otherwise provided for in this chapter, all hardshell clam and razor clam species may be taken only under the terms of a permit issued by the commissioner. In the permit the commissioner may

(1) specify the depth of fishing gear used;

(2) specify the area for fishing;

(3) require the use of logbooks provided for by the department and that the logbooks be attached to a fish ticket when the fish are landed; and

(4) set out any other conditions that the commissioner, in the commissioner's discretion, determines are necessary for the conservation or management of this fishery.

History

Authority: AS 16.05.251

5 AAC 38.311 Gear for clams in Registration Area H {#sec-5-aac-38.311 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.311}

(a) Razor and hardshell clams may be taken with shovels and forks.

(b) Permits may be issued by the commissioner under 5 AAC 38.050(b) authorizing the taking of hardshell clams by mechanical or hydraulic clam diggers in specific locations.

History

Authority: AS 16.05.251
Eff. 5/8/98, Register 146

5 AAC 38.314 Closed waters for clams and mussels in Registration Area H {#sec-5-aac-38.314 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.314}

(a) Razor clams may not be taken on the east side of Cook Inlet from the Kenai River to the end of the Homer Spit.

(b) Razor clams may not be taken from the Polly Creek certified beach (from Redoubt Point at 60° 17.25' N. lat., 152° 25' W. long., south to 60° 13' N. lat., 152° 34' W. long.) for any purpose other than for human consumption.

(1) the following waters within Kachemak Bay State Park:

(A) Mallard Bay, enclosed by a line from 59° 40.10' N. lat., 151° 08.10' W. long. to 59° 40.70' N. lat., 151° 07.20' W. long.;

(B) Rusty's Lagoon, enclosed by a line from 59° 36.30' N. lat., 151° 11.30' W. long. to 59° 37.30' N. lat., 151° 11.70' W. long.;

(C) Halibut Cove Lagoon, enclosed by a line from 59° 35.10' N. lat., 151° 10.80' W. long. to 59° 35.10' N. lat., 151° 11.40' W. long.;

(D) the head of Sadie Cove, enclosed by a line from 59° 27.90' N. lat., 151° 20.30' W. long. to 59° 27.90' N. lat., 151° 21.30' W. long.;

(E) the head of Tutka Bay, enclosed by a line from 59° 24.60' N. lat., 151° 17.80' W. long. to 59° 25.10' N. lat., 151° 17.80' W. long.;

(F) waters of China Poot Bay east of a line from 59° 33.90' N. lat., 151° 17.50' W. long. to 59° 33.40' N. lat., 151° 17.50' W. long.;

(G) the intertidal beach along Shipwreck Cove in China Poot Bay enclosed by a line from 59° 34.34' N. lat., 151° 18.11' W. long., to 59° 34.26' N. lat., 151° 17.96' W. long., to 59° 34.20' N. lat., 151° 17.94' W. long., to 59° 34.19' N. lat., 151° 17.81' W. long., to 59° 34.13' N. lat., 151° 17.75' W. long., to 59° 34.13' N. lat., 151° 17.77' W. long., to 59° 34.19' N. lat., 151° 17.96' W. long., to 59° 34.26' N. lat., 151° 17.98' W. long., to 59° 34.33' N. lat., 151° 18.14' W. long., as marked by ADF&G regulatory markers located in the upper intertidal area;

(H) the intertidal beach by Otter Rock in Peterson Bay enclosed by a line from 59° 34.78' N. lat., 151° 17.84' W. long., to 59° 34.70' N. lat., 151° 17.68' W. long., to 59° 34.79' N. lat., 151° 17.68' W. long., as marked by ADF&G regulatory markers located in the upper intertidal area;

(2) the waters and intertidal beaches of Bear Cove east of a line from a point on the mainland at 59° 43.37' N. lat., 151° 04.60' W. long. to a point on Bear Island at 59° 43.59' N. lat., 151° 04.20' W. long., and from 59° 43.76' N. lat., 151° 04.05' W. long. on Bear Island to 59° 44.12' N. lat., 151° 02.90' W. long. on the mainland.

(d) Repealed 8/23/2009.

History

Authority: AS 16.05.251

5 AAC 38.315 Subsistence fishery for clams {#sec-5-aac-38.315 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.315}

Repealed 6/30/79.

5 AAC 38.318 Southern District Hardshell Clam and Mussel Fishery Management Plan {#sec-5-aac-38.318 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.318}

(a) In the Southern District described in 5 AAC 38.305(b), clams and mussels may be taken from March 16 through May 14 and September 16 through October 31 at any time. From May 15 through September 15, clams and mussels may be taken only from 1:00 a.m. Monday through 11:00 p.m. Friday.

(b) Repealed 7/1/2006.

(1) Subdistricts 1 and 3-B: odd-numbered calendar years;

(2) Subdistricts 2, 3-A, and 4: even-numbered calendar years;

(d) The annual guideline harvest level for hardshell clams in the Southern Districts is as follows:

(1) commercial fishery: 40,000 pounds;

(2) noncommercial fisheries: 160,000 pounds.

(e) The annual commercial guideline harvest level shall be divided into equal allocations among the three fishing intervals, with any overage or underage carried over to the next fishing interval, except that no harvest allocation may be carried over into the next calendar year.

(f) If the commissioner determines it is necessary to reduce the sport and personal use harvest rate of hardshell clams to avoid exceeding the guideline harvest level, the commissioner may close, by emergency order, the sport and personal use clam seasons and immediately reopen the seasons during which the time, area, and bag and possession limits may be reduced.

(g) The annual guideline harvest level for mussels in the Southern District is 5,000 pounds.

(h) After harvesting hardshell clams in the Southern District, a person must complete a harvest map supplied by the department and return the completed harvest map to the department office in Homer, as follows:

(1) from May 15 through September 15, on or before the first Monday following the harvest at 8:00 a.m.;

(2) from September 16 through May 14, within 24 hours of returning to port.

(i) For the purposes of this section, "hardshell clams" means Pacific littleneck clams (Protothaca staminea) and butter clams (Saxidomus giganteus).

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 9/12/97, Register 143; am 7/5/2000, Register 155; am 7/31/2003, Register 167; am 7/1/2006, Register 178

5 AAC 38.320 Fishing seasons for scallops in Registration Area H {#sec-5-aac-38.320 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.320}

In Scallop Registration Area H, weathervane scallops may be taken or possessed in the Kamishak District from August 15 through October 31. In all other districts, from January 1 through December 31, a person may harvest weathervane scallops if the department issues the person a permit under 5 AAC 38.076(e) for exploratory fishing for new scallop beds.

History

Authority: AS 16.05.251

5 AAC 38.322 Gear for scallops in Registration Area H {#sec-5-aac-38.322 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.322}

In the Kamishak, Southern, and Central Districts, scallops may be taken only with a single dredge. The opening of a dredge may not be more than six feet in width.

History

Authority: AS 16.05.251
Eff. 6/30/84, Register 90

5 AAC 38.324 Closed waters for scallops in Registration Area H {#sec-5-aac-38.324 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.324}

Scallops may not be taken in the following waters:

(1) Cook Inlet north of a line from Cape Douglas to Point Adam, except for the Kamishak District;

(2) inshore from a line from Point Adam to Cape Elizabeth then to the southwestern point of Perl Island then to the southern point of East Chugach Island then to Gore Point;

(3) Nuka Bay inside a line from Yalik Point to 59° 27.50' N. lat., 150° 22.83' W. long.

History

Authority: AS 16.05.251

5 AAC 38.325 Permits for scallops {#sec-5-aac-38.325 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.325}

Repealed.

History

Eff. 9/12/97, Register 143; repealed 8/23/2009, Register 191

5 AAC 38.327 Kamishak Bay District scallop management plan {#sec-5-aac-38.327 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.327}

(a) In the Kamishak Bay District, an operator of a vessel fishing for scallops must complete logbook pages issued by the department immediately after each tow and return the completed pages to the department either by mail or facsimile as specified in the permit issued by the department at the time of registration.

(b) Catch reports must be submitted to the department as specified in the permit by the department at the time of registration.

(c) A vessel operator or an onboard observer must randomly select 100 scallop top valves collected from each trip or during each five-day fishing period and deliver the top valves to the department following each trip.

(d) Participants must check in with the department before fishing, and check out before departing the management area. Check in and check out contacts will be specified by the department at the time of registration.

(e) Unless an onboard observer is already required under 5 AAC 38.076, a participant must accommodate a department onboard observer upon request by the department.

(f) Live scallops may be delivered providing that:

(1) the department must be notified of the estimated weight of both live and shucked product 24 hours prior to delivery; the vessel operator must record in the logbook the number of live scallops delivered;

(2) when reporting the pounds of scallop meat harvested as specified in 5 AAC 38.076(p), an average weight of scallops sampled in (c) of this section will be applied to the scallop delivered live.

History

Authority: AS 16.05.251
Eff. 8/23/2009, Register 191; am 8/10/2018, Register 227

5 AAC 38.330 Guideline harvest range for the taking of scallops in Registration Area H {#sec-5-aac-38.330 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.330}

The guideline harvest range for the taking of scallops from the Kamishak District is 10,000 - 20,000 pounds of shucked meat.

History

Authority: AS 16.05.251
Eff. 7/14/85, Register 95

5 AAC 38.360 Cook Inlet Area Octopus Management Plan {#sec-5-aac-38.360 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.360}

There is no open season for directed fishing for octopus, but retention as bycatch is allowed as follows:

(1) octopus may be retained as bycatch only, in an amount not to exceed 20 percent, by weight, of the directed catch on board a vessel;

(2) the annual guideline harvest level of octopus as bycatch may not exceed 35,000 pounds in round weight;

(3) when the guideline harvest level has been reached, the commissioner shall close, by emergency order, the Cook Inlet Area to the retention of octopus.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 7/5/2000, Register 155

5 AAC 38.390 Cook Inlet Area Miscellaneous Shellfish Fisheries Management Plan {#sec-5-aac-38.390 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.390}

The commercial fisheries for miscellaneous shellfish species, except for mussels in the Southern District, and clams, scallops, and octopus, are closed until the board has adopted by regulations a management plan regarding a specific miscellaneous shellfish species.

History

Authority: AS 16.05.251
Eff. 9/12/97, Register 143; am 7/5/2000, Register 155; am 7/31/2003, Register 167; am 7/1/2006, Register 178

Article 9 Registration Area J (Westward)

5 AAC 38.400 Description of Registration Area J {#sec-5-aac-38.400 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.400}

Registration Area J consists of all Pacific Ocean waters that are south of the latitude of Cape Douglas at 58° 51.10' N. lat. and west of 149° W. long., and the Bering Sea and Pacific Ocean waters that are east of the Maritime Boundary Agreement Line as that line is described in the text of and depicted in the annex to the Maritime Boundary Agreement between the United States and Union of Soviet Socialist Republics signed in Washington, June 1, 1990, and as that Maritime Boundary Agreement Line is depicted on NOAA Chart #513 (7th Edition, June 2004), and NOAA Chart #514 (7th Edition, January 2004), adopted by reference.

History

Authority: AS 16.05.251

5 AAC 38.405 Description of Registration Area J districts {#sec-5-aac-38.405 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.405}

Except for scallop fisheries, Registration Area J fishing districts are as described in 5 AAC 35.505.

History

Authority: AS 16.05.251
Eff. 7/1/2015, Register 214

5 AAC 38.407 Closed waters {#sec-5-aac-38.407 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.407}

All territorial waters surrounding St. Matthew Island, Hall Island, and Pinnacle Island are closed to the taking of miscellaneous shellfish.

History

Authority: AS 16.05.251
Eff. 7/31/2003, Register 167

5 AAC 38.409 Gear for clams for Registration Area J {#sec-5-aac-38.409 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.409}

(a) A person may take razor clams by shovels and forks.

(b) A person may take hardshell clams by shovels and forks. In the portion of Registration Area J west of the longitude of Kilokak Rocks, a person may also take hardshell clams by hydraulic or mechanical clam diggers.

(c) A person who has obtained a permit from the commissioner under 5 AAC 38.050(b) may use a hydraulic or mechanical clam digger to take razor clams. A person may take razor claims under this subsection only west of the longitude of Kilokak Rocks.

(d) A person may take horse clams with dive gear while using a hand held manually operated water jet device that has a manual shut off valve and a nozzle with an inside diameter of seven-eighths inches or less. If the commissioner determines that the gear is being operated in a manner that wastes the resource, is destroying the resource, or causes damage to horse clams or other fishery resources, the commissioner may, by emergency order, close the fishing season and reopen a season in which the dive gear is modified or prohibited. For the purposes of this subsection, "horse clam" means the species tresus capax.

History

Authority: AS 16.05.251
Eff. 5/8/98, Register 146; am 7/31/2003, Register 167

5 AAC 38.410 Fishing seasons for clams in Registration Area J {#sec-5-aac-38.410 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.410}

There is no closed season on clams.

History

Authority: AS 16.05.251

5 AAC 38.411 Fishing seasons for sea cucumbers in the Chignik, South Peninsula, Eastern Aleutian, Western Aleutian, and Bering Sea districts of Registration Area J {#sec-5-aac-38.411 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.411}

In the Chignik, South Peninsula, Eastern Aleutian, Western Aleutian, and Bering Sea districts of Registration Area J, a person may take sea cucumbers only under the authority of a permit issued by the commissioner under 5 AAC 38.062, only during fishing periods established by emergency order and only from:

(1) September 15 through April 30 in the Chignik District;

(2) October 1 through April 30 in the South Peninsula, Eastern Aleutian, Western Aleutian, and Bering Sea districts.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 9/12/97, Register 143; am 5/8/98, Register 146; am 7/1/2015, Register 214; am 8/10/2018, Register 227

5 AAC 38.412 Fishing seasons for sea urchins in Registration Area J {#sec-5-aac-38.412 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.412}

In Registration Area J, a person may take sea urchins only from October 1 through January 31, during fishing periods established by emergency order, and only under the authority of a permit issued by the commissioner under 5 AAC 38.062.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 9/12/97, Register 143; am 5/8/98, Register 146; am 7/1/2015, Register 214

5 AAC 38.415 Fishing seasons for hair crab in Registration Area J {#sec-5-aac-38.415 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.415}

(a) In Registration Area J west of the longitude of Cape Kumlik at 157° 27' W. long., a person may take hair crab from January 1 through December 31, during fishing periods established by emergency order, and only under the authority of a permit issued by the commissioner under 5 AAC 38.062.

(b) In the Bering Sea, Western Aleutians, and Eastern Aleutians Districts, the vessel registration deadline is 21 days before that vessel begins fishing operations. Before a vessel may be registered under this section, the vessel operator must first obtain a valid CFEC interim-use permit for hair crab that references the vessel's ADF&G license number. The registration form must include the vessel's operator's CFEC permit number and must be received in person, or by mail or facsimile, at the department office in Dutch Harbor or Kodiak by the deadline specified in this section.

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 38.416 Kodiak District Sea Cucumber Management Plan in Registration Area J {#sec-5-aac-38.416 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.416}

(a) A permit described in 5 AAC 38.062 is not required for the taking of sea cucumbers in the Kodiak District, as specified in this section.

(b) Before harvesting sea cucumbers, a person shall validly register with the department.

(d) Sea cucumbers may only be taken with diving gear operated in accordance with 5 AAC 38.054.

(e) A person harvesting sea cucumbers shall maintain an accurate logbook of all diving operations,

(1) a logbook must:

(A) include the date, the specific location of harvest by latitude and longitude, the number of individual sea cucumbers harvested, the number of pounds of sea cucumbers harvested, the minimum and maximum depth of each dive, the bottom time duration of each dive, and any other information required by the department for conservation and management;

(B) be delivered to a local representative of the department within 48 hours following the closure of a fishing period, unless the permit holder has been delayed due to extraordinary circumstances beyond their control and contacted a local representative of the department within 48 hours following the closure of a fishing period, and the representative has granted additional time;

(2) a person shall not make a false entry in the logbook.

(f) Opening of a sea cucumber fishing period will be delayed for 24 hours if the National Weather Service marine forecast for Shelikof Strait (PKZ738) or Shuyak Island to Sitkinak Island (PKZ732) issued at 4:00 a.m. on the day before the scheduled opening date contains gale warnings for that day. If, after the initial weather delay, the following day's 4:00 a.m. forecast contains a gale warning for that day, the fishing period will be delayed for an additional 24 hours. The period opening delays may continue on a rolling 24-hour basis until gale warnings are not forecasted.

(g) Notwithstanding (f) of this section,

(1) if a fishing period is not scheduled for the Westside Section of the Kodiak District, gale warnings for Shelikof Strait (PKZ738) will not delay the fishing period;

(2) if fishing periods are not scheduled for the Eastside or Southeast Sections of the Kodiak District, gale warnings for Shuyak Island to Sitkinak Island (PKZ732) will not delay the fishing period.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 8/10/2018, Register 227; am 11/10/2024, Register 252

5 AAC 38.417 Registration Area J Octopus Management Plan {#sec-5-aac-38.417 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.417}

In Registration Area J, octopus may be taken during a directed fishery or as bycatch in a directed groundfish or shellfish fishery as follows:

(1) in a directed fishery, a person may take octopus only under the authority of a permit issued by the commissioner under 5 AAC 38.062; octopus taken under a commissioner's permit shall be recorded on a fish ticket with a CFEC permit card for octopus;

(2) when octopus are taken as bycatch, a commissioner's permit is not required; octopus taken as bycatch shall be recorded on the fish ticket for the directed fishery; octopus taken as bycatch may not exceed 20 percent, by weight, of the directed species on board a vessel, unless modified by emergency order.

History

Authority: AS 16.05.251
Eff. 7/13/2012, Register 203

5 AAC 38.420 Fishing seasons for scallops in Registration Area J {#sec-5-aac-38.420 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.420}

(a) In Registration Areas J weathervane scallops may be taken from July 1 through February 15 in the following scallop registration areas described in 5 AAC 38.076:

(1) Scallop Registration Area K (Kodiak);

(2) Scallop Registration Area M (Alaska Peninsula);

(3) Scallop Registration Area O (Dutch Harbor);

(4) Scallop Registration Area Q (Bristol Bay - Bering Sea);

(5) Scallop Registration Area R (Adak).

(b) Repealed 8/10/2018.

(1) under the authority of a permit issued by the commissioner under 5 AAC 38.076(e); and

(2) in those waters of Registration Area M (Alaska Peninsula) that are west of a line extending south from Cape Pankof at 163° 03.70' W. long. and east of a line extending south from Scotch Cap Light at 164° 44.72' W. long.

History

Authority: AS 16.05.251

5 AAC 38.425 Closed waters for scallops in Registration Area J {#sec-5-aac-38.425 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.425}

Scallops may not be taken in

(1) all waters of Registration Area J around Trinity Islands as depicted in Figure 5 to 50 C.F.R. Part 679 (revised February 18, 2014), and as enclosed by a line from Low Cape at 56° 59.40' N. lat., 154° 31.10' W. long., to a point offshore at 57° 00.00' N. lat., 155° 00.00' W. long., to 56° 17.00' N. lat., 155° 00.00' W. long., to 56° 17.00' N. lat., 153° 52.00' W. long., to Cape Sitkinak at 56° 33.50' N. lat., 153° 52.00' W. long., to the east point of Twoheaded Island at 56° 54.50' N. lat., 153° 32.50' W. long., to 56° 56.00' N. lat., 153° 35.50' W. long., to 56° 59.40' N. lat., 154° 31.10' W. long.;

(2) all waters of Alaska on the southeast side of Kodiak Island south of a line extending from Cape Trinity at 56° 44.80' N. lat., 154° 08.90' W. long., to a point offshore at 55° 23.23' N. lat., 156° 20.22' W. long.; west of a line from Narrow Cape at 57° 25.95' N. lat., 152° 19.13' W. long. to the northernmost tip of Ugak Island at 57° 23.63' N. lat., 152° 17.47' W. long., and west of a line extending south from the southernmost tip of Ugak Island at 152° 18.76' W. long.;

(3) all waters enclosed by a line from Cape Chiniak at 57° 37.20' N. lat., 152° 09.37' W. long. to a point offshore at 57° 38.00' N. lat., 152° 09.00' W. long., continuing to a point offshore at 57° 38.00' N. lat., 151° 47.00' W. long., continuing to Cape St. Hermogenes on Marmot Island at 58° 15.00' N. lat., 151° 47.00' W. long., and a line from Marmot Cape at 58° 10.00' N. lat., 151° 52.00' W. long., to Pillar Cape at 58° 08.90' N. lat., 152° 06.77' W. long., and a line from Inner Point to Afognak Point at 152° 47.75' W. long.;

(4) all waters of Uyak Bay, Uganik Bay, Viekoda Bay, Kupreanof Strait, Raspberry Strait, Malina Bay, Paramanof Bay, Foul Bay, and Shuyak Strait enclosed by a line from Cape Uyak at 57° 38.33' N. lat., 154° 20.83' W. long., to Cape Ugat at 57° 52.33' N. lat., 153° 50.67' W. long., to Raspberry Cape at 58° 03.58' N. lat., 153° 25.25' W. long., to Black Cape at 58° 24.50' N. lat., 152° 53.30' W. long., to Eagle Cape at 58° 32.57' N. lat., 152° 40.07' W. long., a line across Cape Current Narrows at 152° 30.00' W. long., and a line between Inner Point and Afognak Point at 152° 47.75' W. long.;

(5) all waters of Alaska on the south side of the Alaska Peninsula west of a line extending south from the Alaska Peninsula (near Kilokak Rocks) at 156° 20.22' W. long., and east of a line extending south from Scotch Cap Light along 164° 44.72' W. long.;

(6) all waters on the south side of the Alaska Peninsula Area west of a line extending south from Seal Cape along 158° 26.00' W. long., east of a line extending south from Three Star Point along 159° 10.48' W. long., and north of 55° 33.98' N. lat., and all waters on the south side of the Alaska Peninsula west of a line extending south from Cape Pankof along 163° 03.70' W. long. and east of a line extending south from Scotch Cap Light at 164° 44.72' W. long., except that weathervane scallops may be taken in the waters specified in 5 AAC 38.420(c);

(7) all waters of Akun Bay enclosed by a line from Billings Head at 54° 17.50' N. lat., 165° 28.50' W. long. to the opposite shore at 54° 12.70' N. lat., 165° 24.60' W. long.;

(8) all waters of Akutan Bay enclosed by a line from North Head at 54° 13.54' N. lat., 165° 56.20' W. long. to Akun Head at 54° 17.64' N. lat., 165° 38.24' W. long., and a line from Akun Island at 54° 08.40' N. lat., 165° 38.29' W. long. to Akutan Island at 54° 07.69' N. lat., 165° 39.74' W. long.;

(9) all waters of Beaver Inlet enclosed by a line from Brundage Head at 53° 55.90' N. lat., 166° 12.36' W. long. to Cape Sedanka at 53° 50.50' N. lat., 166° 05.33' W. long., and a line across Udagak Strait at 53° 42.50' N. lat.;

(10) all waters of Kalekta Bay enclosed by a line from Erskine Point at 53° 58.97' N. lat., 166° 16.50' W. long. to Cape Kalekta on Unalaska Island at 54° 00.50' N. lat., 166° 22.37' W. long.;

(11) all waters of Unalaska Bay enclosed by a line from Cape Cheerful at 54° 01.00' N. lat., 166° 40.25' W. long. to Cape Kalekta at 54° 00.50' N. lat., 166° 22.37' W. long.;

(12) all waters enclosed by a line from Cape Kovrizhka at 53° 51.00' N. lat., 167° 09.50' W. long. to Cape Idak at 53° 31.35' N. lat., 167° 47.66' W. long., and a line from Otter Point at 53° 23.13' N. lat., 167° 50.50' W. long. to Konets Head at 53° 18.95' N. lat., 167° 51.06' W. long.;

(13) all waters of Inanudak Bay enclosed by a line from Cape Kigunak at 53° 20.00' N. lat., 168° 26.08' W. long. to Cape Ilmalianuk at 53° 16.42' N. lat., 168° 36.78' W. long.;

(14) the waters of the Bering Sea

(A) between 162° W. long. to 164° W. long. and 56° N. lat. and 57° N. lat.;

(B) east of 162° W. long.;

(15) waters of the Pribilof Islands Habitat Conservation Area enclosed by a line from 57° 57.00' N. lat., 168° 30.00' W. long., to 56° 55.20' N. lat., 168° 30.00' W. long., to 56° 48.00' N. lat., 169° 02.40' W. long., to 56° 34.20' N. lat., 169° 02.40' W. long., to 56° 30.00' N. lat., 169° 25.20' W. long., to 56° 30.00' N. lat., 169° 44.10' W. long., to 56° 55.80' N. lat., 170° 21.60' W. long., to 57° 13.80' N. lat., 171° 00.00' W. long., to 57° 57.00' N. lat., 171° 00.00' W. long. to 57° 57.00' N. lat., 168° 30.00' W. long.;

(16) all waters of the Petrel Bank Area north of 51° 30' N. lat., south of 54° 30' N. lat., west of 179° W. long., and east of 179° E. long.

History

Authority: AS 16.05.251

5 AAC 38.430 Guideline harvest ranges for the taking of scallops {#sec-5-aac-38.430 omnilex-key=us-ak-regs-official--title-5--5 AAC 38.430}

In Scallop Registration Areas K, M, O, Q, and R, the guideline harvest ranges for weathervane scallops are as follows:

(1) in the waters of Scallop Registration Area K, the guideline harvest range is 0 - 300,000 pounds of shucked meat;

(2) in the waters of Scallop Registration Area O, the guideline harvest range is 0 - 110,000 pounds of shucked meat;

(3) in the waters of Scallop Registration Area M, the guideline harvest range is 0 - 100,000 pounds of shucked meat;

(4) in the waters of Scallop Registration Area Q, the guideline harvest range is 0 - 300,000 pounds of shucked meat;

(5) in the waters of Scallop Registration Area R, the guideline harvest range is 0 - 75,000 pounds of shucked meat.

History

Authority: AS 16.05.251
Eff. 6/27/93, Register 126; am 7/5/2000, Register 155; am 7/1/2006, Register 178; am 7/1/2015, Register 214

Chapter 39 General Provisions

Article 1 General

5 AAC 39.001 Application of this chapter {#sec-5-aac-39.001 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.001}

Unless otherwise specified in this section or 5 AAC 01 - 5 AAC 77, requirements in this chapter apply to commercial fishing only, except that 5 AAC 39.002 and 5 AAC 39.999 apply to all of 5 AAC 01 - 5 AAC 77. Subsistence, personal use, and sport fishing regulations affecting commercial fishing vessels or affecting any other commercial fishing activity are set out in the subsistence fishing regulations in 5 AAC 01 and 5 AAC 02, personal use regulations in 5 AAC 77, and sport fishing regulations in 5 AAC 47 - 5 AAC 75.

History

Authority: AS 16.05.251

5 AAC 39.002 Liability for violations {#sec-5-aac-39.002 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.002}

Unless otherwise provided in 5 AAC 01 - 5 AAC 41 or in AS 16, a person who violates a provision of 5 AAC 01 - 5 AAC 41 is strictly liable for the offense, regardless of his intent.

History

Authority: AS 16.05.251
Eff. 6/30/83, Register 86

5 AAC 39.010 Retention of fish taken in a commercial fishery {#sec-5-aac-39.010 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.010}

(a) A person engaged in commercial fishing may retain fish from lawfully taken commercial catch for that person's own use, including for the use as bait in a commercial fishery. Fish retained under this section may not be sold or bartered.

(b) Except as otherwise specified in 5 AAC 01 - 5 AAC 39, a commercial fisherman shall report on an ADF&G fish ticket, at the time of delivery of the commercial catch, the number of steelhead retained from the commercial catch but not sold. For the purposes of this subsection, "delivery" means the offloading of the finfish for sale or for transport to a buyer for later sale.

History

Authority: AS 16.05.251
Eff. 3/13/2004, Register 169; am 8/8/2007, Register 183; am 2/22/2015, Register 213

5 AAC 39.105 Types of legal gear {#sec-5-aac-39.105 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.105}

(a) All gear shall be operated in a manner conforming to its basic design.

(b) The size of meshes of a gillnet shall be substantially consistent.

(d) Unless otherwise provided in this title, the following are legal types of gear:

(1) a gillnet is a net primarily designed to catch fish by entanglement in the mesh and consisting of a single sheet of webbing hung between cork line and lead line, and fished from the surface of the water;

(2) a set gillnet is a gillnet that has been intentionally set, staked, anchored, or otherwise fixed;

(3) a drift gillnet is a drifting gillnet that has not been intentionally staked, anchored, or otherwise fixed;

(4) a purse seine is a floating net designed to surround fish and which can be closed at the bottom by means of a free-running line through one or more rings attached to the lead line;

(5) a hand purse seine is a floating net designed to surround fish and which can be closed at the bottom by pursing the lead line; pursing may only be done by hand power, and a free-running line through one or more rings attached to the lead line is not allowed;

(6) a beach seine is a floating net designed to surround fish which is set from and hauled to the beach;

(7) power troll gear consists of a line or lines with lures or baited hooks which are deployed, drawn through the water, and retrieved by means of a power troll gurdy, for which the power source may be hydraulic, electrical or mechanical; power troll gear does not include hand troll gear;

(8) hand troll gear consists of a line or lines with lures or baited hooks which are drawn through the water from a vessel by hand trolling, strip fishing or other types of trolling, and which are retrieved by hand power or hand-powered crank and not by any type of electrical, hydraulic, mechanical or other assisting device or attachment;

(9) a fish wheel is a fixed, rotating device, with no more than four baskets on a single axle, for catching fish which is driven by river current or other means;

(10) a trawl is a bag-shaped net towed through the water to capture fish or shellfish;

(A) a beam trawl is a trawl with a fixed net opening utilizing a wood or metal beam;

(B) an otter trawl is a trawl with a net opening controlled by devices commonly called otter doors;

(C) a pelagic trawl is a trawl where the net, or the trawl doors or other trawl-spreading device, do not operate in contact with the seabed, and which does not have attached to it any protective device, such as chafing gear, rollers, or bobbins, that would make it suitable for fishing in contact with the seabed;

(11) a pot is a portable structure designed and constructed to capture and retain fish and shellfish alive in the water;

(12) a ring net is a bag-shaped net suspended between no more than two frames; the bottom frame may not be larger in perimeter than the top frame; the gear must be nonrigid and collapsible so that when fishing it does not prohibit free movement of fish or shellfish across the top of the net;

(13) a longline is a stationary buoyed or anchored line or a floating, free drifting line with lures or baited hooks attached;

(14) a shovel is a hand-operated implement for digging clams or cockles;

(15) a mechanical clam digger is a mechanical device used or capable of being used for the taking of clams;

(16) a scallop dredge is a dredge-like device designed specifically for and capable of taking scallops by being towed along the ocean floor;

(17) a fyke net is a fixed, funneling (fyke) device used to entrap fish;

(18) a lead is a length of net employed for guiding fish into a seine or set gillnet;

(19) an anchor is a device used to hold a salmon fishing vessel or net in a fixed position relative to the beach; this includes using part of the seine or lead, a ship's anchor or being secured to another vessel or net that is anchored;

(20) a herring pound is an enclosure used primarily to retain herring alive over extended periods of time;

(21) diving gear is any type of hard hat or skin diving equipment including scuba, a tethered, umbilical, surface-supplied system, and a snorkel;

(22) a hydraulic clam digger is a device using water or a combination of air and water to remove clams from their environment;

(23) a grappling hook is a hooked device with flukes or claws and attached to a line and operated by hand;

(24) a dip net is a bag-shaped net supported on all sides by a rigid frame; the maximum straight-line distance between any two points on the net frame, as measured through the net opening, may not exceed five feet; the depth of the bag must be at least one-half of the greatest straight-line distance, as measured through the net opening; no portion of the bag may be constructed of webbing that exceeds a stretched measurement of 4.5 inches; the frame must be attached to a single rigid handle and be operated by hand;

(25) a mechanical jigging machine is a device that deploys a line with lures or baited hooks and retrieves that line with electrical, hydraulic, or mechanically powered assistance; a mechanical jigging machine allows the line to be fished only in the water column; a mechanical jigging machine must be attached to a vessel registered to fish with a mechanical jigging machine; the mechanical jigging machine may not be anchored or operated unattached from the vessel;

(26) an abalone iron is a flat device used for taking abalone and which is more than one inch (24 mm) in width and less than 24 inches (61 cm) in length and with all prying edges rounded and smooth;

(27) a handline is a hand-held line, with one or more hooks attached, which may only be operated manually; a handline is legal gear only for smelt in the Bristol Bay Area, described in 5 AAC 06.100;

(28) dinglebar troll gear consists of one or more lines, retrieved and set with a troll gurdy or hand troll gurdy, with a terminally attached weight from which one or more leaders with one or more lures or baited hooks are pulled through the water while a vessel is making way;

(29) a sea urchin rake is a hand-held implement, no longer than four feet, equipped with projecting prongs used to gather sea urchins;

(30) a cast net is a circular net with a mesh size of no more than one and one-half inches and weights attached to the perimeter which, when thrown, surrounds the fish and closes at the bottom when retrieved;

(31) an eel stick consists of a single straight or bent pole, equipped with notches or projecting tines, used to take lamprey through the ice.

History

Authority: AS 16.05.251

5 AAC 39.107 Operation of gear {#sec-5-aac-39.107 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.107}

(a) Each fisherman shall operate or assist in operating only one type of net gear at any one time.

(b) Throughout the period of operation of mobile net gear, a person who holds a valid CFEC permit for that gear must be physically present on board the vessel from which the net gear is operated.

(c) A CFEC permit holder shall personally operate or assist in the operation of mobile net gear. "Personally operate or assist in operation" means assisting or supervising some portion of the immediate operation.

(d) A person who holds a limited entry permit or an interim-use permit for stationary fishing gear must be physically present at a beach or riparian fishing site during the operation of net gear or other stationary fishing gear at the site, except when the permit holder is at or traveling to or from the location of (1) a sale of fish caught in the gear; or (2) other stationary gear of the permit holder. For purposes of this subsection "fishing site" includes any structure used for providing shelter in support of the operation of net gear or other stationary gear.

(e) A person who holds a CFEC permit for the operation of stationary net gear or fish wheels shall be within a reasonable distance of the gear when at a point of sale or at the location of other stationary gear of that permit holder. A "reasonable distance" means a distance that ensures that the CFEC permit holder retains competent supervision of the gear.

(f) In the Yukon Area, as described in 5 AAC 05.100, a person who holds a CFEC permit for stationary fishing gear must be physically present for the initial deployment of the gear at the beginning of the commercial fishing period and at the end of the commercial fishing period to terminate operation of the gear.

(g) In the Yakutat District south of 59° 40' N. lat. in Yakutat Bay, a fishing site under AS 16.05.253(b) includes the CFEC permit holder's permanent place of residence in Yakutat.

(h) In the Kotzebue District, as described in 5 AAC 03.200(b), a person who holds a CFEC permit for stationary fishing gear must be physically present for the initial deployment of the gear at the beginning of the commercial fishing period and at the end of the commercial fishing period to terminate operation of the gear. A fishing site under AS 16.05.253(b) includes the district and the CFEC permit holder's place of residence in Kotzebue.

History

Authority: AS 16.05.251; AS 16.05.253

5 AAC 39.108 Operation of fish wheels {#sec-5-aac-39.108 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.108}

Repealed 5/31/85.

5 AAC 39.109 Nonresident crewmember fishing license fees {#sec-5-aac-39.109 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.109}

The amount to be added, in accordance with AS 16.05.480(h), to the annual base fee for a nonresident crewmember fishing license is the additional amount calculated every three years by the Commercial Fisheries Entry Commission under 20 AAC 05.245(a)(7).

History

Authority: AS 16.05.020; AS 16.05.480
Eff. 11/7/2001, Register 160

5 AAC 39.110 Crewmember fishing license requirements {#sec-5-aac-39.110 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.110}

(a) Each commercial fisherman who does not hold a valid interim-use or entry permit card issued by the Commercial Fisheries Entry Commission shall obtain a crewmember fishing license before fishing in any waters of Alaska. A crewmember fishing license is not required for the holder of a valid interim-use or entry permit card.

(b) Repealed 8/15/2008.

(c) A crewmember licensee who does not hold a valid CFEC permit may crew in any fishery if he or she is working for the holder of a valid CFEC permit for that fishery who is operating the fishing gear in the manner described in 5 AAC 39.107.

(d) A valid interim-use or entry permit card holder may crew in any fishery.

(e) In this section, "crew" means the activities of a commercial fisherman as defined in AS 16.05.940(4), who is actively engaged in the operation of fishing gear that is being operated in the manner described in 5 AAC 39.107.

(f) Each holder of a commercial fishing license, as required in AS 16.05.480(a), who is 16 years of age or older and participating in a commercial fishery in which crewmember participation is restricted by exclusive or superexclusive area registration requirements shall possess an identification card that has been issued to the commercial fishing license holder by a state or federal agency or other organization specified by the Department of Public Safety that bears a photograph of the commercial fishing license holder.

(g) The department will issue a duplicate crewmember license to a person whose crewmember license has been lost or destroyed and who submits a request for a duplicate crewmember license on a form prescribed by the department along with a $5 duplicate crewmember license fee.

History

Authority: AS 16.05.020; AS 16.05.450 AS 16.05.050; AS 16.05.480

5 AAC 39.111 Personal identification required {#sec-5-aac-39.111 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.111}

A person who is in possession of a CFEC interim-use or entry permit card shall, upon the request of a buyer of fish or a peace officer of the state, present the personal identification required under AS 16.10.267(a)(2) to establish that the permit card is in the possession of the person to whom the permit card is issued.

History

Authority: AS 16.05.251; AS 16.10.267
Eff. 6/1/2013, Register 206

5 AAC 39.112 Use of net pens and other holding devices {#sec-5-aac-39.112 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.112}

A net pen or other holding device may be used to hold live salmon or herring before processing only under the conditions specified in a commissioner's permit.

History

Authority: AS 16.05.251
Eff. 8/8/2007, Register 183

5 AAC 39.115 Designation of salmon net registration area {#sec-5-aac-39.115 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.115}

A person who holds salmon net gear permits for more than one registration area listed in 5 AAC 39.120(d) shall designate upon a form provided by the Commercial Fisheries Entry Commission the single area in which he desires to salmon net fish in that year. The area so designated must be an area for which the person holds a valid salmon net permit.

History

Authority: AS 16.05.251(a)

5 AAC 39.117 Vessel length; bulbous bow {#sec-5-aac-39.117 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.117}

(a) Notwithstanding any other provision in 5 AAC 01 - 5 AAC 39, the addition of a bulbous bow may cause a vessel, other than a vessel engaged in the Bering Sea hair crab fishery, to exceed an established vessel overall length limitation. Only that portion of the vessel comprising the bulbous bow may cause the vessel to exceed a vessel overall length limitation.

(b) For the purposes of this section, "bulbous bow" means a bulbous extension of the bow, below or predominately below the water line of a vessel, that is designed to increase stability or fuel efficiency and does not contain storage space or equipment that can be accessed from within the vessel.

History

Authority: AS 16.05.251; AS 16.05.835
Eff. 3/15/2008, Register 185

5 AAC 39.119 Vessel identification {#sec-5-aac-39.119 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.119}

(a) Unless otherwise specified, a commercial fishing vessel required to be licensed under AS 16.05.490 must display its permanent vessel license plate number

(1) in permanent symbols at least 12 inches high and with lines at least one inch wide that contrast with the background;

(2) on both sides of the hull, cabin, or mast;

(3) in a manner such as to be plainly visible and unobscured; and

(4) at all times when registered to fish.

(b) Repealed 10/1/98.

(1) those exempt from licensing under AS 16.05.495;

(2) seine skiffs operating with a seine vessel;

(3) repealed 2/10/2005.

History

Authority: AS 16.05.251
Eff. 4/18/86, Register 98; am 8/9/86, Register 99; am 10/1/98, Register 147; am 2/10/2005, Register 173

5 AAC 39.120 Registration of commercial fishing vessels {#sec-5-aac-39.120 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.120}

(a) A person who owns a commercial fishing vessel or that person's authorized agent shall register that vessel by completing a vessel license application or renewal form and submitting it to the Commercial Fisheries Entry Commission, unless the vessel is not required to be licensed under AS 16.05.495. Vessel registration is required before fishing or transporting unprocessed fish in any waters of Alaska. A vessel, if it is in compliance with all regulations governing registration and if it displays a license issued under AS 16.05.530, unless the vessel is not required to be licensed under AS 16.05.495, is considered to be registered under the laws of the state and may take or transport unprocessed fish. It is unlawful to take, attempt to take, or possess unprocessed fish aboard a vessel in the waters of Alaska unless the vessel is registered under the laws of the state. For purposes of this subsection,

(1) "employ," as used in AS 16.05.475, means taking or attempting to take fish, or transporting fish which have been taken or any operation of a vessel aiding or assisting in the taking or transporting of unprocessed fish;

(2) "in compliance with all regulations governing registration" includes vessel registration required by 5 AAC 28.020, 5 AAC 31.020, 5 AAC 31.030, 5 AAC 32.020, 5 AAC 32.030, 5 AAC 34.020, 5 AAC 34.030, 5 AAC 35.020, 5 AAC 35.030, 5 AAC 38.020, and 5 AAC 38.030, and includes district or subdistrict registration requirements of 5 AAC 03 - 5 AAC 38, and includes the provisions of this section;

(3) "registered under the laws of the state" means that a vessel displays a license described in 20 AAC 05.1958 and issued under AS 16.05.530, unless the vessel is not required to be licensed under AS 16.05.495, and that the registration provisions of 5 AAC 03 - 5 AAC 39 have been complied with and evidence of compliance is immediately available at all times during fishing or transporting operations, and can be shown upon request to an authorized representative of the department.

(b) Area registration requirements for shellfish vessels are as specified in the registration regulations in 5 AAC 31 - 5 AAC 38.

(1) a person who owns a fishing vessel to be used to take salmon with net gear, or his authorized agent, shall register for an area by designating on the vessel license application or renewal form the vessel's one area of intended salmon net gear operation for the year; it is unlawful for a vessel to engage in salmon net fishing in an area other than the single area selected;

(2) in this section the term "area" means any registration area listed in (d) of this section, except that

(A) in salmon net Registration Area T, a vessel must also be registered by the department for a fishing district as required by 5 AAC 06.370;

(B) in salmon net Registration Area Y, a vessel must also be registered by the department for a fishing district as required by 5 AAC 05.370;

(C) a purse seine vessel registered for salmon net Registration Area M is also registered to operate purse seine gear in Registration Area F during the same registration year;

(3) a vessel registered for an area of salmon net fishing in compliance with (c)(1) of this section will be issued, by the Commercial Fisheries Entry Commission, a vessel license area tab for that year; it is unlawful for a vessel to fish in the area of registration unless the vessel displays the area tab on the vessel license number plate; no vessel owner or operator may possess for each vessel, or no vessel may display, more than one vessel license area tab;

(4) a person who owns a fishing vessel registered for an area of intended operation in compliance with (c)(1) of this section or his authorized agent may register it for a different salmon net registration area under the following conditions:

(A) the reregistration of a salmon net fishing vessel shall be authorized by the

(i) commissioner upon receipt of proof in writing that the vessel has been lost through sinking, destruction, or extensive mechanical breakdown, or that the vessel operator has suffered serious injury, sickness or death during the open season; or

(ii) Commercial Fisheries Entry Commission upon receipt of a written certification or personal affidavit stating that the vessel has not been used for salmon net fishing in the original area of registration during the current registration year;

(B) a person authorized to reregister a vessel must complete a reregistration form issued by the Commercial Fisheries Entry Commission and submit it to the commissioner together with any previously issued vessel license area tab;

(C) it is unlawful for a vessel to fish in the area of reregistration unless the vessel displays the appropriate area tab on the vessel license number plate;

(D) area reregistration under this section shall supersede the original area registration as if the original area registration had never been made;

(E) once a vessel has reregistered for another net registration area to replace a lost vessel, that vessel can not transfer back to its original net registration area during that season;

(5) repealed 4/16/83.

(d) Salmon net gear registration areas are as follows:

Code

Letter Area A - Southeastern Alaska Area (5 AAC 33.100)D - Yakutat Area (5 AAC 30.100)E - Prince William Sound Area (5 AAC 24.100) and the

Yakataga District of the Yakutat Area (5 AAC 30.200(a))F - Atka-Amlia Islands Area (5 AAC 11.101)H - Cook Inlet Area (5 AAC 21.100)K - Kodiak Area (5 AAC 18.100)L - Chignik Area (5 AAC 15.100)M - Aleutian Islands and Alaska Peninsula Areas

(5 AAC 12.100 and 5 AAC 09.100) and, from August

1 through August 31, the Atka-Amlia Islands Area

(5 AAC 11.101) for purse seine gear onlyT - Bristol Bay Area (5 AAC 06.100) and January 1 through

December 31, the Cinder River and Inner Port Heiden Sec-

tions of the Alaska Peninsula Area and August 1 through

December 31, that portion of the Ilnik Section within Ilnik

Lagoon and all waters inside the Seal Islands of the Alaska

Peninsula Area (5 AAC 09.200(a)(1) - (3))W - Kuskokwim Area (5 AAC 07.100)X - Arctic-Kotzebue Area (5 AAC 03.100)Y - Yukon Area (5 AAC 05.100)Z - Norton Sound-Port Clarence Area (5 AAC 04.100)

(e) Evidence of proper registration or licensing must be kept immediately available at all times during fishing operations and must be shown upon request to any peace officer of the state.

(f) The provisions of this section do not apply to halibut fishing.

(g) Repealed 10/1/98.

History

Authority: AS 16.05.251; AS 16.05.475

5 AAC 39.123 Late registration {#sec-5-aac-39.123 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.123}

(a) To qualify for an extension of a registration or permit deadline set out in 5 AAC 01 - 5 AAC 39, a person must show that the person had demonstrated an intent to harvest fish before the deadline. An "intent to harvest fish" may be demonstrated by

(1) renewing or applying for, before the deadline, a CFEC permit which is effective in the fishery and area for which extension is being requested;

(2) participation during the previous season in the fishery in the requested area, unless entry into the fishery is limited and the person did not own a permit for that season;

(3) purchasing or showing intent to purchase a vessel, permit, or fishing gear for the fishery before the deadline;

(4) showing intent to start, starting, or completion of vessel or gear repair or maintenance for the fishery before the deadline; or

(5) any other written documentation, such as loan applications, agreements with fish buyers, license applications, or other writings, which indicate the necessary intent to participate in the fishery before the deadline.

(b) In addition to (a) of this section, a person must demonstrate that failure to apply before the deadline was a result of excusable neglect. "Excusable neglect" may be demonstrated by

(1) loss of registration or permit form in the mail, or other documentation which may demonstrate excusable carelessness or inattention on the part of authorized agents or other third parties;

(2) receipt of incorrect information from a department official, which is substantiated by the appropriate official;

(3) illness or injury of the individual or a member of his family that was serious enough to prevent him from meeting the deadline;

(4) required government or military service; or

(5) written documentation that will substantiate other unavoidable circumstances that prevented meeting the deadline.

History

Authority: AS 16.05.065; AS 16.05.251
Eff. 4/14/82, Register 82; am 7/25/82, Register 83; am 5/31/85, Register 94

5 AAC 39.124 Landing permits {#sec-5-aac-39.124 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.124}

Repealed.

History

Eff. 2/11/2004, Register 169; repealed 12/21/2005, Register 176

5 AAC 39.128 Reporting requirements for unlicensed commercial fishing vessels in the waters of Alaska {#sec-5-aac-39.128 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.128}

(a) Before entering the waters of Alaska,

(1) an operator of an unlicensed commercial fishing vessel shall report by telephone, and shall leave a recorded report at a telephone number designated by the department for that purpose, or shall report by other means specified by the department. A report under this section must

(A) identify the vessel and vessel operator;

(B) certify that no unprocessed fish are on board the vessel;

(D) include the quantity, species, and the location from which the fish were taken if any processed fish are on board the vessel.

(b) The commissioner may, upon request by a local representative of the department, waive all or part of the requirements of this section if the commissioner determines that compliance with this section is not necessary for conservation, management, or enforcement in a designated geographical area.

(1) "commercial fishing vessel" means a floating craft powered, towed, rowed, or otherwise propelled, which is used for or equipped to be used for

(A) commercial fishing;

(B) fish processing;

(D) fish storage, including temporary storage;

(2) "unlicensed" means not licensed under AS 16.05.490 - 16.05.530.

History

Authority: AS 16.05.251
Eff. 8/8/2007, Register 183

5 AAC 39.130 Reports required of fishermen, processors, buyers, exporters, and operators of certain commercial fishing vessels; transporting requirements {#sec-5-aac-39.130 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.130}

(a) Before operating during a calendar year, an individual, company, firm, or other organization that is a first purchaser, catcher-exporter, catcher-processor, or catcher-seller shall submit to the department a completed intent to operate application provided by the department or available online, together with a $25 processing fee for each individual, company, firm, or other organization identified in the application; the fee is not required of an applicant that paid the annual fee required by AS 43.75.020(a). The individual, company, firm, or other organization may begin to operate only after receiving authorization from the department to begin operating, along with the individual's or organization's processor code for the current year.

(b) An individual, company, firm, or other organization described in (a) of this section that intends or is required to use the eLandings Electronic Reporting System shall access the system by completing an operator documentation and user agreement on the Interagency eLandings Electronic Reporting System's website. In addition to the other requirements of this section, an individual, company, firm, or other organization described in (a) of this section that the commissioner determines has submitted at least 2,000 salmon harvest fish tickets or bought more than 20 million pounds of salmon during any of the previous three calendar years shall thereafter use the eLandings Electronic Reporting System for all salmon delivered to a tender vessel, floating processor, or shorebased processor. In addition to the other requirements of this section, a first purchaser shall use the tLandings application for all groundfish delivered to a tender vessel.

(c) An individual, company, firm, or other organization described in (a) of this section shall record each delivery on an ADF&G fish ticket. A fish ticket must be completed for all fish or byproducts of fish harvested in the waters of Alaska and for all fish or byproducts of fish harvested in waters outside of the waters of Alaska and offloaded or processed in the waters of Alaska. Fish tickets for each fishery must be finalized and submitted to a local representative of the department not later than seven days after a delivery or partial delivery, or as otherwise specified by the department, such as for each vessel trip. The operator of a vessel that has harvested fish in the waters of Alaska and whose port of delivery is outside this state, or who sells, transfers, receives, or delivers fish in the Exclusive Economic Zone (EEZ), shall submit a completed hailed weight fish ticket or a fish ticket to the department before the fish are transported out of the jurisdiction of this state. At the time of delivery or partial delivery, or as otherwise directed by the department, fish tickets must include the following information:

(1) the name and signature of the applicable individual, company, firm, or other organization described in (a) of this section;

(2) the name and signature of the CFEC permit holder that operated the unit of gear with which the fish were taken;

(3) the processor code imprinted on the fish ticket from the code plate issued by the department, the processor code handwritten on the fish ticket if instructed by an authorized representative of the department, or the electronically captured information from the eLandings Electronic Reporting System, except that if a catcher-seller is shipping fish to a fisheries business, the fisheries business must imprint the fish ticket, or electronically capture the information on the eLandings Electronic Reporting System, with the processor code of the fisheries business; in this paragraph, "fisheries business" has the meaning given in AS 43.75.290;

(4) the name, or the United States Coast Guard number or Department of Transportation number, of the vessel employed in taking the fish, if applicable;

(5) the date fishing gear was deployed and the date the delivery or partial delivery of the fish is completed;

(6) the permanent ADF&G vessel license plate number, if applicable;

(7) the type of gear by which the fish were taken by the gear code number specified by the department;

(8) the statistical areas, districts, and subdistricts in which the fish were taken and, if required by a local representative of the department, the nearest headland or bay in which the fish were taken;

(9) the pounds, including any applicable weight modifier such as with ice and slime, delivery condition code, and disposition code, including any applicable overage code, of fish by species, except that

(A) for salmon and crab, the number is also required;

(B) for herring, only the weight, in pounds or tons, and delivery condition are required;

(10) an indication of a partial delivery, including a partial delivery of groundfish as specified in 5 AAC 28.070(f), if applicable;

(11) the CFEC permit number of the operator of the unit of gear with which the fish were taken, imprinted on the fish ticket from the valid permit card or electronically captured from the valid permit card; the imprinting requirement under this paragraph may be suspended by a local representative of the department after presentation by the commercial fisherman of the operator's permit application validated by CFEC or documentation from the department or CFEC that the permit card has been damaged, lost, or stolen; if a suspension is granted, the buyer or commercial fisherman must handwrite the name of the permit holder, the permit holder's permit number, and, if applicable, the permanent ADF&G vessel license plate number on the fish ticket, and attach a copy of the supporting documentation;

(12) the number or pounds of fish by species retained by a commercial fisherman for that person's own use, if applicable;

(13) the number of licensed crewmembers, including the vessel operator, if applicable;

(14) the number of certified onboard observers, if applicable;

(15) the management program code, if using the eLandings Electronic Reporting System;

(16) the permanent ADF&G vessel license plate number of the tender vessel, if applicable;

(17) for a dual permit, the second CFEC permit number, if required by the department;

(18) any other information that the commissioner determines is necessary.

(d) A person may not possess a fish ticket that has been imprinted with a CFEC permit number until the time of delivery or partial delivery.

(e) A buyer of fish harvested through a CDQ program, as described in 6 AAC 93, shall electronically submit a fish ticket at least one time per week. The buyer may use the consolidated fish ticket feature in the eLandings Electronic Reporting System, including seaLandings, to generate the fish ticket. In this subsection, "week" means a seven-day period of time that begins on Sunday and ends on Saturday.

(f) An individual, company, firm, or other organization described in (a) of this section shall furnish, verbally or in writing, purchasing, production, or other information as required by the commissioner.

(g) Not later than April 1, a first purchaser, catcher-exporter, or catcher-processor that has been assigned a processor code under (a) of this section shall submit a Commercial Operator's Annual Report (COAR), which is an operator's accurate and complete summary of activity for each intent to operate application approved by the department for the previous year, or a signed statement of nonactivity for the previous year, on a form provided by the department or available online. The department will not authorize operations for the current year to an applicant that has not submitted all COAR reports due under this section for any previous year.

(h) A commercial fisherman shall furnish to the buyer information necessary for completion of reports required by the commissioner.

(i) An individual, company, firm, or other organization described in (a) of this section using the eLandings Electronic Reporting System must electronically submit the initial landing report at the completion of a delivery or partial delivery, and submit to the department the final landing report and a copy of the fish ticket generated and printed from the eLandings Electronic Reporting System not later than seven days after the delivery or partial delivery.

(j) A commercial fisherman shall submit to the department verbally, in writing, or electronically through the eLandings Electronic Reporting System, directly or through the buyer, information necessary for reports required by the commissioner.

(k) Unless otherwise specified in this chapter, in addition to other requirements of this section, each person that is the first purchaser of or that first processes raw groundfish or halibut shall comply with the record keeping and electronic reporting requirements through the eLandings Electronic Reporting System and any other reporting requirements in 50 C.F.R. 679.5, revised as of October 1, 2013.

(l) The commissioner may, by emergency order, close a fishing season and immediately reopen a fishing season during which a different reporting requirement is in effect.

(m) In addition to the other provisions of this section, if the commissioner determines it is necessary, the following information regarding the transporting, delivery, or shipping of unprocessed fish must be transmitted to an authorized local representative of the department either in person, in writing, by radio or telephone, or by other means specified by the department:

(1) the number and species of salmon taken in a regulatory area must be reported before being transported to any other area or out of this state;

(2) the number or pounds, by species, of all other fish must be reported before being transported out of this state;

(3) the number or pounds, by species, of fish taken by a catcher-seller must be reported upon delivery or before shipping the fish within the state.

(n) A floating processor shall report in person, by radio or telephone, or by other means specified by the department, to the local representative of the department located within the management area of intended operation before the start of processing operations. The report must include the initial processing location by district or subdistrict and latitude and longitude, and the date of intended operation. Before moving the operation and upon arriving at a new location, the operator shall notify the local representative of the department in person, by radio or telephone, or by other means specified by the department, of the new location of operation by district or subdistrict and latitude and longitude. A local representative of the department may waive all or part of the requirements of this subsection upon determining that the requirements are not necessary for the conservation or management of the fishery in that area.

(o) In this section,

(1) "buyer-exporter" means the first purchaser of unprocessed fish that exports or attempts to export out of this state the fish either unprocessed or custom processed;

(2) "catcher-exporter" means a commercial fisherman who exports or attempts to export out of this state unprocessed or custom processed fish that were legally taken by the catcher-exporter;

(3) "catcher-processor" means a commercial fisherman who sells or attempts to sell processed or unprocessed fish that were legally taken by the catcher-processor in or out of this state;

(4) "catcher-seller" means a commercial fisherman who sells or attempts to sell unprocessed fish that were legally taken by the catcher-seller

(A) to the general public for use for noncommercial purposes;

(B) for use as bait for commercial or noncommercial purposes;

(D) by shipping the fish to a licensed buyer, processor, or exporter within this state;

(5) "commercial fish transporter" means those individuals whose activities require a permit under AS 16.05.671;

(6) "custom processed" means that the fish is processed by a person that does not own the fish;

(7) "delivery" means offloading fish for sale or for transport to a buyer for later sale;

(8) "dual permit" means the use of additional fishing gear on board a vessel or at a set gillnet site under a second CFEC permit as allowed under the applicable provisions in this title;

(9) "eLandings Electronic Reporting System"

(A) means the electronic and Internet based reporting system maintained by the department, the National Marine Fisheries Service, Alaska Region, and the International Pacific Halibut Commission to provide an alternative to paper fish tickets;

(B) includes the following:

(i) eLandings, which is a web application for shore side and Internet capable vessels;

(ii) seaLandings, which is a desktop application for sea vessels without Internet capability;

(iii) tLandings, which is a portable data storage application for tender and other operations;

(10) "first purchaser":

(A) means the person that first purchases unprocessed fish directly from the commercial fisherman for the purchaser's own business and does not act as a buying agent for another business;

(B) includes a

(i) buyer-exporter;

(ii) floating processor;

(iii) independent buyer;

(iv) shorebased processor;

(11) "fish ticket" includes

(A) a department issued paper copy form for recording harvest; and

(B) an electronically generated record of harvest from the eLandings Electronic Reporting System;

(12) "floating processor" includes the operator of a vessel who

(A) operates as a catcher-processor;

(B) is the first purchaser of unprocessed fish and sells or attempts to sell processed or unprocessed fish in or out of this state;

(13) "independent buyer" means the first purchaser of unprocessed fish for sale unprocessed within this state to a shorebased processor, floating processor, or buyer-exporter;

(14) "partial delivery" means the offloading of fish for sale or for transport to a buyer of only a portion of the total harvest from one vessel's trip, excluding catch retained for

(A) personal use under 5 AAC 39.010;

(B) bait under applicable provisions of this title;

(15) "shorebased processor" means a land-based first purchaser that purchases unprocessed fish and sells or attempts to sell that fish, processed or unprocessed, in or out of this state;

(16) "trip" means

(A) for a vessel on which fish are harvested but not processed, the period of time from when the vessel commences fishing until completion of the final delivery; a trip may include one or more partial deliveries; or

(B) a period of time designated by the department, such as every seven days.

(17) "tender vessel" means a vessel whose operator acts as an agent for a processor and accepts delivery of fish from a commercial fisherman or another tender vessel for transport to a shore-based or floating processor.

History

Authority: AS 16.05.020; AS 16.05.060; AS 16.05.690 AS 16.05.050; AS 16.05.671

5 AAC 39.132 Annual statistical survey of processor capacity {#sec-5-aac-39.132 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.132}

(a) For fishery management or conservation purposes, or to assist the governor's determination on the issuance of foreign fish processing permits under 5 AAC 39.198, the commissioner or the commissioner's designee may conduct annual statistical surveys of fish buyers and processors intending to purchase and process fish for an upcoming fishing season.

(b) The commissioner, or the commissioner's designee, will determine annually the specific fisheries that require a statistical survey as specified in (a) of this section.

(c) The commissioner, or the commissioner's designee, will select survey participants based on the amount of fish the participants purchased and processed in the subject fishery in prior years. The participant's previous purchasing and processing activity will be assessed from fish ticket records, annual statistical reports required under 5 AAC 39.130, and any other pertinent information collected by the department.

(d) The department will provide to selected survey participants written notification of the department's intent to conduct a statistical survey regarding the participant's intent and capacity to purchase and process fish in a fishery during the upcoming fishing season. Within 72 hours of receipt of the written notification of participation, a selected survey participant shall furnish to the department the name, mailing address, facsimile number, and telephone contact number for the person able to accurately provide the information requested on the participant's behalf.

(e) A statistical survey under this section will address the following data:

(1) the maximum amount of fish in pounds or numbers of fish that the participant intends to purchase and process during the upcoming fishing season;

(2) the approximate maximum daily amount of fish in pounds or numbers of fish that the participant intends to purchase and process in the upcoming fishing season;

(3) the approximate number of vessels or fishermen from which the participant intends to purchase and process fish;

(4) the number of tenders and remote fish buying stations that the participant intends to operate during the upcoming fishing season;

(5) the approximate beginning and ending dates for the time period the participant intends to purchase and process fish in the subject fishery;

(6) any anticipated changes in facilities, processes, or operations that would substantially change the intended purchasing and processing capacity in the subject fishery from the participant's operation the previous year; and

(7) any other information the commissioner or commissioner's designee determines to be important for fishery management or conservation purposes or for the governor's determinations regarding foreign fish processing permits.

(f) A buyer or processor selected to participate in the survey shall

(1) submit a complete and accurate response to the department by the return date specified on the survey; and

(2) immediately notify the department of any changes in purchasing and processing capacity plans compared to those previously reported in the survey.

(g) Annual survey responses that identify intended fish purchasing and processing activities are confidential as annual statistical reports under AS 16.05.815(a).

History

Authority: AS 16.05.020; AS 16.05.050; AS 16.05.815
Eff. 3/6/2004, Register 169

5 AAC 39.135 Requirements for releasing confidential information to third persons {#sec-5-aac-39.135 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.135}

(a) A person requesting the release of confidential information to a third person regarding the requesting person's fishery landings shall make the request in the form of a limited power of attorney on a request form provided by the department. The department will make the request form available at its local and regional offices and its website.

(b) The person requesting the release of information under this section shall indicate on the request form the time period that the person authorizes the department to release the information that is not less than 30 days and not more than one year from the date that the person signs the form.

(c) The person requesting the release of information under this section shall complete the request form as prescribed by the department. When submitting the form in person, the person shall produce a government-issued photo identification for inspection by a department employee. If the form is being submitted by mail, the person shall first have the form notarized. If the form is being sent by facsimile, the person shall first have the form notarized, and after facsimile transmission, shall mail the original form to the department office that the facsimile was sent. The department will not release information requested under this section until it receives the original, completed request form.

History

Authority: AS 16.05.050; AS 16.05.815
Eff. 2/23/2002, Register 161

5 AAC 39.140 Inspection of fishing establishments and vessels {#sec-5-aac-39.140 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.140}

(a) Representatives of the Department of Fish and Game or the Department of Public Safety shall have free and unobstructed access to all fishing vessels, canneries, salteries, and other land-based or floating processing establishments to inspect catch, equipment, gear, and operational compliance with AS 16 and regulations promulgated thereunder.

(b) Upon being approached by a vessel or aircraft under the control of a representative of the Departments of Fish and Game or Public Safety, the operator of a fishing vessel, catcher-processor, or floating processor shall be alert for, and immediately comply with, signals conveying enforcement intent. A vessel operator signaled to stop or heave to for boarding shall

(1) stop immediately and lay to or maneuver in such a way as to permit the representative and his party to come aboard;

(2) if requested, provide a safe ladder for the representative and his party;

(3) when necessary to facilitate the boarding, provide a man rope, safety line and illumination of the ladder;

(4) take such other actions as necessary to ensure the safety of the representative and party and to facilitate the boarding; and

(5) make every effort to comply with all lawful orders given by the representative, except that the owner or operator of the vessel is solely responsible for navigation, supervision, and control of the vessel and his decisions shall be final in all matters pertaining to proper navigation and safety of the vessel crew, and fishing gear.

(c) On a vessel which catches and processes crab and is required to carry an observer under 5 AAC 39.645, the vessel operator must separate crab to be retained and, before butchering, must make those crab available to the observer for inspection.

(d) Notwithstanding the requirements of 5 AAC 30.392(a), 5 AAC 30.393, 5 AAC 33.392(d), and 5 AAC 33.393, upon request by a local representative of the department or a peace officer of the state, a fisherman or processor shall relinquish the tag and head of adipose-fin-clipped salmon, and shall inform the representative or peace officer of the date and location of the catch, if known.

History

Authority: AS 16.05.180; AS 16.05.251

5 AAC 39.141 Onboard observer program {#sec-5-aac-39.141 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.141}

(a) The Board of Fisheries finds that, in particular fisheries, observers on board fishing vessels would greatly enhance management, primarily by facilitating information gathering, and by improving regulatory compliance. Onboard observers may be the only practical fishery monitoring, data-gathering, or enforcement mechanism in some Alaska fisheries where a large component of vessels, such as catcher-processors and floating processors, rarely or never enter Alaskan ports. The Board of Fisheries, therefore, finds it necessary to authorize the Alaska Department of Fish and Game to implement onboard observer programs in particular fisheries when the board determines that it

(1) is the only practical data-gathering or enforcement mechanism;

(2) will not unduly disrupt the fishery; and

(3) can be conducted at a reasonable cost.

(b) Every onboard observer shall have free and unobstructed access to inspect the catch, equipment, gear, or operations of the fishing vessel or the tender to which the observer is assigned, and to board vessels delivering to the vessel to which the observer is assigned and inspect the catches of vessels delivering to the vessel to which the observer is assigned while the vessel to which the observer is assigned is

(1) within waters under the jurisdiction of the state;

(2) taking or intending to take any species of fish; or

(3) transporting or processing any species of fish.

(c) Onboard observers must be as unintrusive to vessel operations as practicable and must make the scope of their activities as predictable as possible in the performance of their assigned observer duties.

(d) Onboard observers are not required to obtain criminal or administrative search warrants to conduct their duties.

(e) Onboard observers shall carry out such scientific and other duties as deemed necessary or appropriate to manage, protect, maintain, improve, and extend the fish and aquatic plant resources of the state.

(f) Onboard observers shall have access to all vessel location information at any time, including free and unobstructed access to vessel coordinates and depths for all sampled pots.

(g) Every independent contracting agent, and their office personnel and business agents while employed by the independent contracting agent and for six months after terminating that employment, may not work as an onboard observer.

History

Authority: AS 16.05.251
Eff. 7/14/85, Register 95; am 9/19/90, Register 115; am 6/24/93, Register 126; am 12/26/97, Register 144; am 8/14/2005, Register 175

5 AAC 39.142 Conflict of interest standards for onboard observers and independent contracting agents {#sec-5-aac-39.142 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.142}

(a) A department approved fisheries onboard observer

(1) must be employed by

(A) an independent contracting agent who has been certified by the department; or

(B) the department;

(2) may not have a financial interest in the observed fishery;

(3) may not have a personal interest in the vessel to which he or she is assigned;

(4) may not serve as a crewmember or processing worker on the vessel to which he or she is assigned;

(5) may not solicit, accept, or receive, directly or indirectly, a gift, whether in the form of money, service, loan, travel, entertainment, hospitality, employment promise, or in any other form, that is a benefit to the observer's personal or financial interests, under circumstances in which it could be reasonably inferred that the gift is intended to influence the performance of official duties, actions, or judgment;

(6) may not have been convicted of a misdemeanor or felony involving fraud, dishonesty, an "offense against the person" in violation of AS 11.41, arson under AS 11.46.400, or a fish and game misdemeanor or fish and game infraction with a penalty in excess of $300 for a period of seven years preceding application to the onboard observer program;

(7) may not have a personal or financial interest, other than that of the observer's employee relationship, in the entity that employs the observer;

(8) may not spend more than 90 days on board any one vessel in 12 consecutive months, unless the 90-day limitation is waived by the department for good cause, except that an onboard observer may spend up to 120 days on board any one vessel in 12 consecutive months during a crab fishery that is 75 days or longer in duration;

(9) may be assigned to a vessel only upon approval by the department.

(b) An independent contracting agent who provides onboard observers

(1) may not be an individual, partnership, or corporation with a personal or direct financial interest in the proceeds of any vessel licensed to process or harvest in the affected fishery, other than the provision of observers;

(2) shall assign observers to vessels without regard to requests from vessel owners or operators for a specific individual;

(3) repealed 12/26/97;

(4) may not knowingly or negligently hire as an observer an individual who has a personal or financial interest, other than that of the observer's employee relationship, with the contracting agent;

(5) may not hire an observer on a commission basis;

(6) shall for each observer assignment to a vessel, submit to the department, upon request, a written statement, signed by the contracting agent under oath and subject to applicable criminal penalties, stating that the contracting agent does not have a personal interest and does not have a direct or subsidiary financial interest in the vessel or in fishing activities of the vessel;

(7) shall obtain and submit to the department, upon request, for each observer assignment to a vessel, a written statement, signed by the vessel owner, operator, or owner's agent, under oath and subject to applicable criminal penalties, stating that the vessel owner or operator does not have a personal interest and does not have a direct or subsidiary financial interest in the contracting agent.

(1) "financial interest" means any source of income to, or a capital investment held by, an individual or the individual's spouse or blood relation up to and including the second degree of kindred;

(2) "personal interest" means an interest held or involvement by an individual, partnership, or corporation, or an individual's immediate family member or parent, including membership in any organization from which, or as a result of which, a person or organization receives a benefit.

History

Authority: AS 16.05.251
Eff. 10/1/88, Register 107; am 7/30/89, Register 111; am 9/19/90, Register 115; am 6/24/93, Register 126; am 12/26/97, Register 144; am 7/21/99, Register 151; am 8/24/2002, Register 163; am 9/11/2002, Register 163

5 AAC 39.143 Onboard observer certification and decertification {#sec-5-aac-39.143 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.143}

(a) To become certified as a crab or scallop onboard observer, a person must first obtain a crab or scallop onboard observer trainee permit and complete the trainee requirements of this section. The department shall issue a crab or scallop onboard observer trainee permit to a person who completes training and orientation specified by the department and who passes, with a score of at least 90 percent, an exam administered by the department.

(b) Before embarking on each observer trip, a crab or scallop observer trainee shall participate in a briefing with the department.

(1) a crab observer trainee permit expires on the earlier of the

(A) 36th day after the crab observer trainee has participated in a briefing for an observer trip if, during this 36-day period, the trainee has not participated in a debriefing with the department; or

(B) 180th day after the crab observer trainee permit was issued; however, if a crab trainee observer has been deployed at least once during the first 180 days after the observer permit was issued, the trainee permit may be extended up to 365 days, at the discretion of the department;

(2) a scallop observer trainee permit expires on the earlier of the

(A) 36th day after the scallop observer trainee has participated in a briefing for an observer trip if, during this 36-day period, the trainee has not participated in a debriefing with the department; or

(B) 180th day after the scallop observer trainee permit was issued; however if a scallop trainee observer has been deployed at least once during the first 180 days after the observer permit was issued, the trainee permit may be extended, up to 270 days, at the discretion of the department.

(d) The department may revoke a trainee permit for the reasons listed under (j) of this section or at the department's discretion and under the procedures set out in ( l) - (n) of this section. If revocation proceedings are pending on the date the permit would expire under (c)(1) of this section, the permit expires under that paragraph, and all rights under the permit cease. If revocation proceedings are pending on the date the permit would expire under (c)(2) of this section, the permit does not expire on that date, but is suspended until conclusion of the revocation proceedings. The trainee may not act under the permit during the period of suspension. The permit expires at the conclusion of the revocation proceedings unless the department determines that the permit should not be revoked and that the trainee should be certified as an observer under (f) of this section.

(e) A person whose crab or scallop observer trainee permit has expired or has been revoked may not be issued another trainee permit unless that person completes retraining and reorientation specified by the department and repasses, with a score of at least 90 percent, an exam administered by the department.

(f) The department shall certify as a crab or scallop onboard observer a trainee who

(1) has a valid crab or scallop observer trainee permit;

(2) has satisfactorily completed all assigned trainee tasks specified by the department in writing, or assigned verbally in person, or during radio, telephone, or other electronic communication transmission while the observer is deployed to a vessel;

(3) has not engaged in behavior described in (j) of this section;

(4) has completed the number of observer trips that the department, in its discretion, determines from debriefing the trainee are necessary to prepare the trainee to perform as a crab or scallop onboard observer; and

(5) is not the subject of revocation proceedings under this section.

(g) A trainee may appeal a denial of certification as a crab or scallop onboard observer to the commissioner. The appeal must be in writing and must be received by the commissioner within 15 days after the denial. The commissioner or the commissioner's designee shall conduct an investigation and review, and may hold a hearing on the matter. If a designee conducts an investigation and review or holds a hearing, the designee shall recommend action to the commissioner. The commissioner shall make a decision within 45 days after receiving an appeal. The commissioner's decision under this section is the final administrative action.

(h) Until the commissioner's decision in an appeal under (g) of this section, the trainee may act under the terms of a valid trainee permit. If, while an appeal under (g) of this section is pending, the permit expires under (c) of this section or is revoked under (d) of this section, all rights under the permit cease.

(i) An onboard observer certification expires if a shellfish observer has not functioned as a shellfish onboard observer for 18 consecutive months. To become recertified after 18 consecutive months of not functioning as a shellfish observer, a person must successfully complete all trainee and certification requirements set out in (a), (b), (c), (e), and (f) of this section.

(j) An onboard observer certification may be revoked for any one of the following reasons:

(1) failure to satisfactorily complete all assigned tasks specified by the department in writing, or assigned verbally in person, or during radio, telephone, or other electronic communication transmission while the observer is deployed to a vessel;

(2) use, possession, or being under the influence of alcohol or an illegal controlled substance on board the assigned vessel, boarding any vessel under the influence of alcohol or an illegal controlled substance, missing an appointment with the department due to alcohol or an illegal controlled substance, or attending an appointment with the department under the influence of alcohol or an illegal controlled substance;

(3) engaging in violent or criminal behavior, including behavior that may endanger a person or property on the assigned vessel or that prevents the observer from performing tasks according to the standards of the onboard observer manual;

(4) soliciting or accepting items or services, other than basic life necessities, from an operator, owner, or crewmember of a vessel to which the observer is assigned;

(5) failure to report known criminal behavior or cooperate with the investigation or prosecution of criminal behavior arising from fishing operations of the vessel to which the observer is assigned;

(6) engaging in sexual relations with an employee, operator, crewmember, officer, director, agent, owner, or shareholder of the vessel or any entity with ownership of, or management authority over, the vessel to which the observer is assigned while the observer is deployed to a vessel;

(7) repealed 7/21/99;

(8) exhibiting poor judgment or unprofessional behavior that interferes with the observer's ability to perform assigned tasks or results in a breach of confidentiality, lack of observer coverage, or other actions detrimental to the observer program.

(k) A certified onboard observer may be demoted to trainee status for failure to satisfactorily perform assigned tasks specified by the department.

(l) The department shall notify an observer in writing of its intent to revoke a certification or to demote a certified onboard observer to trainee status. Notice may be served by personal delivery or by sending the notice by certified mail, return receipt requested. The department may revoke the certification or may demote a certified onboard observer to trainee status if, within 45 days after serving or sending the notice, the department does not receive a written objection from the observer that specifies the reasons why revocation or demotion should not occur.

(m) If the department receives an objection under ( l) or (n) of this section, the commissioner, or the commissioner's designee, shall conduct an investigation and review, and may hold a hearing on the matter. If a designee conducts the investigation and review, or holds a hearing, the designee shall recommend action to the commissioner. Until the commissioner's decision under this subsection, the observer may act under the terms of the certification. If the commissioner determines that one or more of the grounds for revocation of the certification have been met, the commissioner may revoke the certification. If the commissioner determines that one or more of the grounds for demotion have been met, the commissioner may demote the onboard observer to trainee status. The commissioner's determination under this subsection is the final administrative action.

(n) If the commissioner determines that the performance of an onboard observer creates an immediate, substantial threat to the orderly conduct of the fishery or the conservation of fishery resources, the commissioner, upon notice to the observer, without first conducting a hearing, may suspend the certification or may demote the observer to trainee status. If a certification is suspended or if an observer is demoted to trainee status under this subsection, the commissioner shall notify the observer, in writing, and specify the grounds for the immediate suspension or demotion. The observer may submit a written objection to the department's action that specifies the reasons why the certification should not be suspended or why the demotion should not occur. If an objection is not received within 45 days after the date that the notice was mailed or served by personal delivery, the commissioner shall notify the observer that the certification is revoked or that the observer is retained on trainee status, subject to (b) - (h) of this section, as the final administrative determination. Notice under this subsection may be served by personal delivery or certified mail, return receipt requested, to the observer's last known address. If a timely objection is received, the provisions of (m) of this section apply. The suspension or demotion terminates, and the observer is returned to certified observer status, if, within 90 days after the department's receipt of an objection, the commissioner

(1) makes the final administrative determination to return the observer to certified observer status;

(2) fails to provide notice of the revocation or demotion under this section; or

(3) fails to make a final determination under (m) of this section that revokes the certification or demotes the observer to trainee status.

(o) Repealed 12/26/97.

(p) In this section,

(1) "briefing" means a meeting between the department and an observer in which the upcoming observer trip is discussed;

(2) "debriefing" means a meeting between the department and

(A) an observer in which the observer's collected data are reviewed;

(B) a trainee observer to determine if the trainee will be granted certification status under (f) of this section;

(3) "trainee" means a person who holds a crab or scallop onboard observer trainee permit and is a candidate to be a certified crab or scallop onboard observer.

History

Authority: AS 16.05.055; AS 16.05.251
Eff. 5/2/92, Register 122; am 11/25/92, Register 124; am 10/1/93, Register 127; am 12/26/97, Register 144; am 7/21/99, Register 151; am 8/24/2002, Register 163; am 8/25/2002, Register 163; am 7/16/2011, Register 199 am 6/27/2014, Register 210; am 6/21/2020, Register 234; am 9/25/2022, Register 243

5 AAC 39.144 Onboard observer independent contracting agent certification and decertification {#sec-5-aac-39.144 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.144}

(a) To become certified or to renew certification as an independent contracting agent authorized to provide onboard observers, an applicant must meet the requirements of this section. The department shall issue or renew an independent contracting agent certificate only after

(1) the applicant has completed a written application on a form provided by the department; in this application the applicant shall

(A) verify that the applicant is familiar with the requirements of 5 AAC 39.141 - 5 AAC 39.143, 5 AAC 39.146, 5 AAC 39.645, 5 AAC 39.646, and this section for onboard observers and contracting agents;

(B) acknowledge that the applicant's certification as an independent contracting agent will be subject to revocation by the commissioner at any time under the procedures set out in (e) - (j) of this section;

(D) provide a current mailing address, daytime business phone number, and a contact or message phone number;

(E) provide all other information requested by the department to assist the department in administration, management, or enforcement of its onboard observer program or certification of onboard observer independent contracting agents;

(F) verify that the applicant is not precluded from certification under (i) of this section;

(2) the applicant has completed a written conflict-of-interest statement on a form provided by the department;

(3) the department has reviewed the application and the conflict-of-interest statement submitted under this section and has determined that the application is complete and that no conflict of interest appears to exist under 5 AAC 39.142;

(4) the department has determined that certification is not precluded under (i) of this section.

(b) An independent contracting agent's certification expires on December 31 of the year it was issued unless a certification renewal application is received by the department before December 31 of that year, or unless the certification has been previously canceled or revoked under this section. The department shall renew a certification if a completed certification renewal application is timely received by the department and no revocation proceedings are pending against the contracting agent on the date the certification would expire or the application is received, and the department has determined that the applicant meets the requirements of this section.

(1) within 30 days after any event that would change any information provided in the contracting agent's most recent conflict-of-interest statement;

(2) when submitting a certification renewal application described in (b) of this section; or

(3) at any time upon request by the department.

(d) The commissioner may revoke an independent contracting agent's certification as provided in (e) - (h) of this section. If revocation proceedings are pending on the date the certification would expire under (b) of this section, and if a certification renewal application has been received by the department, the certification will not expire on that date, but is suspended until the conclusion of the revocation proceedings. If a certification renewal application is received by the department before the contracting agent's certification would expire under (b) of this section and revocation proceedings begin after the certification has been renewed, the contracting agent may continue to operate under its existing certification until the conclusion of the revocation proceedings, unless a suspension has occurred under (g) of this section.

(e) An independent contracting agent's certification may be revoked for any of the following reasons:

(1) violation of conflict-of-interest standards in 5 AAC 39.142(b) by the contracting agent;

(2) failure to require employees to follow conflict-of-interest standards;

(3) a substantial violation of the requirements of 5 AAC 39.141, 5 AAC 39.143, 5 AAC 39.146, 5 AAC 39.645, 5 AAC 39.646, and this section;

(4) any other violation of the requirements of 5 AAC 39.141 - 5 AAC 39.143, 5 AAC 39.146, 5 AAC 39.645, 5 AAC 39.646, and this section that is not described in (1) and (3) that is not cured within a reasonable time specified by the department after the department has notified the contracting agent, in writing, of the violation;

(5) failure to respond, within the time specified by the department, to a request from the department for information, unless within the specified time the contracting agent demonstrates to the department that the request is unreasonable;

(6) failure to maintain an effective means of communication between the contracting agent and the department;

(7) failure to report known violations of conflict-of-interest standards or known attempts to violate conflict-of-interest standards;

(8) failure to report known criminal behavior by an observer or criminal behavior arising from fishing operations of the fishing vessel to which the contracting agent has assigned an observer;

(9) failure to cooperate with investigation or prosecution of an observer employed by the contracting agent or a fishing vessel for which the contracting agent has provided an observer.

(f) The commissioner shall notify an independent contracting agent, in writing, of its intent to revoke the contracting agent's certification. Notice under this subsection may be served by personal delivery or by sending the notice by certified mail, return receipt requested, to the contracting agent or to the agent's designee for service of process in this state. The commissioner may revoke the certification without further proceedings if, within 45 days after the date that the notice was mailed or served by personal delivery, the department does not receive a written objection from the contracting agent that specifies the reasons why the revocation should not occur.

(g) If the commissioner determines that the performance of an independent contracting agent creates an immediate, substantial threat to the orderly conduct of the fishery or the conservation of fishery resources, the commissioner, upon notice to the contracting agent, without first conducting a hearing, may suspend the certification. If a certification is suspended under this subsection, the commissioner shall notify the contracting agent in writing and specify the grounds for immediate suspension. The contracting agent may submit a written objection to the department's action that specifies the reasons why the revocation should not occur. If an objection is not received within 45 days after the date that the notice was mailed or served by personal delivery, the commissioner shall notify the contracting agent that the certification is revoked, subject to (a) - (c) and (i) of this section, as the final administrative determination. Notice under this subsection may be served by personal delivery or certified mail, return receipt requested, to the contracting agent or to the agent's designee for service of process in this state. If a timely objection is received, the provisions of (h) of this section apply. The suspension terminates within 90 days after the department's receipt of an objection, if the commissioner

(1) makes the final administrative determination to withdraw the suspension; or

(2) fails to make a final determination under (h) of this section.

(h) If the department receives a timely objection under (f) or (g) of this section, the commissioner, or the commissioner's designee, shall conduct an investigation and review and may hold a hearing on the matter. The contracting agent's certification shall remain in effect during an investigation and review unless it is suspended under (g) of this section. If a designee conducts the investigation and review or holds a hearing, the designee shall recommend action to the commissioner who may then adopt it as the final administrative determination. If the commissioner disagrees with the recommendation, the commissioner may reject the recommendation and review the record or conduct a new hearing to make a final administrative determination. If the commissioner determines that one or more of the grounds for revocation of certification have been met, the commissioner may revoke the certification. The commissioner's determination under this subsection is the final administrative action.

(i) An independent contracting agent whose certification has been revoked under this section may not apply for a new certification for a period of one year following revocation. If the contracting agent is a partnership or corporation, its partners, shareholders who hold 20 percent or more of the corporation's outstanding stock, officers, directors, any person with management authority over the activity or activities that significantly contributed to the revocation may not apply for a contracting agent certification for a period of one year following revocation.

(j) The department may cancel an independent contracting agent's certification upon the request of the contracting agent. The department, in its discretion, may proceed with revocation proceedings despite a request for cancellation from a contracting agent.

(k) The provisions of (a) - (j) of this section do not apply until April 1, 1998 to an independent contracting agent approved by the department before the effective date of this section.

History

Authority: AS 16.05.251
Eff. 12/26/97, Register 144

5 AAC 39.145 Escape mechanism for shellfish and groundfish pots {#sec-5-aac-39.145 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.145}

Pot gear must include an escape mechanism in accordance with the following provisions:

(1) a sidewall, which may include the tunnel, of all shellfish and groundfish pots must contain an opening equal to or exceeding 18 inches in length, except that in shrimp pots the opening must be a minimum of six inches in length; the opening must be laced, sewn, or secured together by a single length of untreated, 100 percent cotton twine, no larger than 30 thread; the cotton twine may be knotted at each end only; the opening must be within six inches of the bottom of the pot and must be parallel with it; the cotton twine may not be tied or looped around the web bars; Dungeness crab pots may have the pot lid tie-down straps secured to the pot at one end by a single loop of untreated, 100 percent cotton twine, no larger than 60 thread, as a substitute for the above requirement; the pot lid must be secured so that, when the twine degrades, the lid will no longer be securely closed;

(2) all king crab, Tanner crab, shrimp, miscellaneous shellfish and groundfish pots may, instead of complying with (1) of this section, satisfy the following: a sidewall, which may include the tunnel, must contain an opening at least 18 inches in length, except that shrimp pots must contain an opening at least six inches in length; the opening must be laced, sewn, or secured together by a single length of treated or untreated twine, no larger than 36 thread; a galvanic timed release (GTR) device, designed to release in no more than 30 days in salt water, must be integral to the length of twine so that, when the device releases, the twine will no longer secure or obstruct the opening of the pot; the twine may be knotted only at each end and at the attachment points on the galvanic timed release device; the opening must be within six inches of the bottom of the pot and must be parallel with it; the twine may not be tied or looped around the web bars;

(3) in an area open to commercial, personal use, sport, or subsistence fishing with pot gear, including a pot storage area, a registered commercial fishing vessel or a vessel used for personal use, sport, or subsistence fishing may not have on board the vessel or in the water, in fishing or stored condition, any groundfish or shellfish pot gear that does not have an opening or rigging as specified in this section;

(4) all commercial, subsistence, personal use, and sport shellfish pots constructed with rigid mesh must have at least one opening in a sidewall of the pot which may include the tunnel, except Dungeness crab pots that have a pot lid tie-down that complies with (1) of this section; the opening in a king crab or Tanner crab pot must be equal to or exceed a 12-inch by 8-inch rectangle; the opening in a Dungeness crab pot must be equal to or exceed a 10-inch by 6-inch rectangle; the lower long edge of the opening must be parallel to, and within six inches of, the bottom of the pot; the opening in a shrimp pot must be equal to or exceed a four-inch square; the lower edge of the opening must be parallel to, and within six inches of, the bottom of the pot; the opening may be covered with a single panel secured to the pot with no more than four single loops of untreated, 100 percent cotton twine, no larger than 30 thread; each single loop of cotton twine may contain only one knot and may not be laced along the opening; the panel must be attached to the pot in a manner that when the cotton twine degrades the panel will drop away from the pot exposing the opening completely;

(5) all commercial, subsistence, personal use, and sport collapsible groundfish pots, commonly known as slinky pots, must contain two openings in the mesh with each equal to or exceeding 18 inches in length; the openings must each be laced, sewn, or secured together by a single length of untreated, 100 percent cotton twine not larger than 30 thread; the cotton twine may be knotted at each end only; the openings must be on opposite sides of the pot; if placed on the tunnel side the opening must be in an area that does not include the door opening, within six inches of the edge of the pot.

History

Authority: AS 16.05.251; AS 16.10.125

5 AAC 39.146 Onboard observer briefing and debriefing {#sec-5-aac-39.146 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.146}

(a) An onboard observer shall attend a briefing before deployment on the observer's assigned vessel. An observer shall bring to the observer's briefing all equipment that is specified, in writing, by the department.

(b) An onboard observer shall immediately notify the department of the observer's departure from the assigned vessel. After departure, an observer shall return directly to the department office responsible for management of the fishery that the observer's assigned vessel participated in for a debriefing, unless the observer contacts the department for authorization to do otherwise.

(c) An onboard observer shall be briefed and debriefed only at the department office responsible for management of the fishery that the observer's assigned vessel participates in, unless the department authorizes a different department office. The observer's independent contracting agent shall schedule briefings and debriefings with the department at least 48 hours in advance.

(d) If an onboard observer's vessel returns to any port for any reason, the observer shall contact the department immediately and be prepared to provide all of the observer's data and deployment information to the department. The department may schedule a midtrip debriefing, which will allow a preliminary data check and provide the department an opportunity to resolve sampling problems or answer observer questions.

(e) Trainee observers shall be fully briefed and debriefed for each individual fishery they observe prior to observing any subsequent fisheries. Observers holding a current certification with the department may be briefed and debriefed for multiple fisheries with prior authorization, at the discretion of the department.

History

Authority: AS 16.05.251
Eff. 12/26/97, Register 144; am 6/27/2014, Register 210; am 6/21/2020, Register 234

5 AAC 39.150 Explosives, chemicals and poisons unlawful {#sec-5-aac-39.150 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.150}

The use of an explosive, chemical or poison in the taking or killing of fish or shellfish is prohibited, except that chemical baits or lures may be used to attract shellfish.

History

Authority: AS 16.05.251

5 AAC 39.155 Seine drums unlawful {#sec-5-aac-39.155 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.155}

It shall be unlawful to have mounted aboard any seine vessel a seine drum or reel around which a seine can be coiled or rolled.

History

Authority: AS 16.05.250(3)AS 16.10.120

5 AAC 39.160 Maximum length of salmon seine vessel {#sec-5-aac-39.160 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.160}

Deleted 7/22/91.

5 AAC 39.163 Bottom Trawl Fisheries Management Plan {#sec-5-aac-39.163 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.163}

(a) The Board of Fisheries and the Department of Fish and Game are concerned about the bycatch of fish, particularly crab and halibut, by nonpelagic trawl gear used to harvest bottomfish. King and Tanner crab populations in most areas of the state are either depressed or declining and are in need of protection from human-induced mortality if they are to be allowed to rebuild to levels that will allow future harvests. Halibut populations, while high, are fully utilized in directed fisheries, and any additional harvest by nondirected fisheries may increase exploitation rates above those used to maintain a sustained harvest level. There is an indication that nonpelagic trawl gear may, at certain times and in certain locations, inflict unacceptable mortalities on these nondirected species. Since there is not, at this time, enough data available to quantify the effects of nonpelagic trawl fisheries on nondirected species, the board adopts the Bottom Trawl Fisheries Management Plan as a means of ensuring that the data can be obtained.

(b) The Board of Fisheries finds that in fisheries operating nonpelagic trawls, onboard observers provide the only effective means of collecting information essential to managing the resource. These fisheries generally harvest large numbers of prohibited finfish and shellfish that cannot be legally retained. Since a large portion of the prohibited species taken will be killed or seriously damaged in the trawl, avoidance of prohibited species is essential to conservation and wise use of the resource. Without onboard observers, scientifically reliable data on prohibited species catch and related biological information cannot be developed. In the absence of a reliable database, the department cannot effect time and area restrictions or set nonpelagic trawl catch quotas to provide protection for prohibited species.

(c) Based on findings that onboard observers provide the only way to establish reasonable resource protection measures in managing certain nonpelagic trawl fisheries, and consistent with 5 AAC 39.141 and AS 16.05.251(a)(12), a vessel may not operate nonpelagic trawl gear in waters specified in 5 AAC 39.164(a) without an onboard observer present. Because no management alternatives exist, other than disallowing operation of such vessels and gear, all costs associated with the observer are determined to be an attendant fishing-related cost and must therefore be borne by the vessel owner or operator on board whose vessel the observer serves.

(d) When sufficient reliable data has been collected to determine times and locations where nonpelagic trawl gear can be operated without significant detrimental impact on prohibited species, the limitations in this section and 5 AAC 39.164 will be appropriately modified.

History

Authority: AS 16.05.251
Eff. 6/30/84, Register 90; am 7/12/86, Register 99

5 AAC 39.164 Nonpelagic trawl gear restrictions {#sec-5-aac-39.164 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.164}

(a) Nonpelagic trawl gear may be operated in all waters of Tanner crab Registration Area J (5 AAC 35.500) only if, as may be required under 5 AAC 39.163(c), an onboard observer is present on the vessel when gear is being operated, only under the conditions of a permit issued by the commissioner, and only in locations and during periods not otherwise closed to nonpelagic trawling under (b) or (c) of this section. The permit

(1) must specify the locations and times when nonpelagic trawl gear may be operated;

(2) may restrict the amount of fish and shellfish that may be harvested within a specified location; and

(3) must be obtained in person at a department office located within the statistical area.

(b) Nonpelagic trawl gear may not be operated in waters of Alaska as follows:

(1) the waters of Alaska in the Kodiak groundfish registration area described in 5 AAC 28.400;

(2) repealed 7/2/99;

(3) in waters of the Chignik groundfish registration area described in 5 AAC 28.500, and in that portion of the South Alaska Peninsula groundfish registration area described in 5 AAC 28.550 between a line extending from the southernmost tip of Kupreanof Point at 55° 33.98' N. lat., 159° 35.88' W. long., to a point offshore at 53° 40.46' N. lat., 156° 20.22' W. long. and the longitude of Scotch Cap Light at 164° 44.72' W. long., except the waters

(A) in the area enclosed by 55° 14' N. lat., 55° 34' N. lat., 159° 20' W. long., and 160° 04' W. long.;

(B) of Alaska around Sanak and Caton Islands north of 54° 22.80' N. lat. and east of 162° 41.83' W. long.;

(4) in the following waters of king crab Registration Area O (5 AAC 34.600) from January 1 through December 31:

(A) Akutan Bay closure, all waters of Akutan Bay south of a line from Akun Head (54° 18' N. lat., 165° 38' W. long.) to North Head (54° 13.50' N. lat., 165° 56' W. long.), and north of 54° 08' N. lat.;

(B) Unalaska Bay closure, all waters of Unalaska Bay enclosed by a line from Cape Cheerful (54° 01' N. lat., 166° 40' W. long.) to Cape Kalekta (54° 00.50' N. lat., 166° 22.50' W. long.);

(C) Makushin Bay closure, all waters of Makushin Bay enclosed by a line from Cape Kovrizhka (53° 51' N. lat., 167° 09.50' W. long.) to Cape Idak (53° 31.33' N. lat., 167° 48' W. long.) to Konets Head (53° 19' N. lat., 167° 51' W. long.);

(D) Inanudak Bay closure, all waters of Inanudak Bay enclosed by a line from Cape Aslik (53° 25' N. lat., 168° 24.50' W. long.) to Cape Illmalianuk (53° 16.50' N. lat., 168° 36' W. long.);

(E) Akun Bay closure, all waters of Akun Bay enclosed by a line from Billings Head (54° 17.50' N. lat., 165° 28.50' W. long.) to 54° 13' N. lat., 165° 24.50' W. long. on the opposite shore;

(F) Beaver Inlet closure, all waters of Beaver Inlet south of a line from Brundage Head (53° 56' N. lat., 166° 12.50' W. long.) to Cape Sedanka (53° 50.50' N. lat., 166° 05.33' W. long.) and north of 53° 42' N. lat.;

(5) the department shall close, by emergency order, waters of king crab Registration Area T (5 AAC 34.800) in a manner that matches closures of the exclusive economic zone made by the federal government;

(6) repealed 2/22/2015:

(7) repealed 4/24/2009;

(8) the St. Lawrence Island Habitat Conservation Area as described in 50 C.F.R. Part 679, Table 45, as revised as of August 25, 2008;

(9) the Northern Bering Sea Research Area as described in 50 C.F.R. Part 679, Table 43, as revised as of August 25, 2008;

(10) the Nunivak Island, Etolin Strait, and Kuskokwim Bay Habitat Conservation Area as described in 50 C.F.R. Part 679, Table 44, as revised as of August 25, 2008;

(11) the waters of Alaska of the Bering Sea east of 162° W. long.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 7/12/86, Register 99; am 4/14/93, Register 126; am 5/17/95, Register 134; am 9/4/97, Register 143; am 9/12/97, Register 143; am 7/21/99, Register 151; am 3/11/2001, Register 157; am 4/24/2009, Register 190; am 5/31/2009, Register 190; am 5/1/2014, Register 210; am 2/22/2015, Register 213; am 8/27/2016, Register 219; am 9/19/2019, Register 231

5 AAC 39.165 Trawl gear unlawful {#sec-5-aac-39.165 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.165}

A person may not use any type of trawl gear for any commercial fishing purposes in the following locations:

(1) waters of Prince William Sound enclosed by a line from Point Whitshed to Point Bentinck, and a line from Cape Hinchinbrook Light at 60° 14.25' N. lat., 146° 38.80' W. long. to Seal Rocks Light at 60° 09.78' N. lat., 146° 50.30' W. long. to Zaikof Point at 60° 18.48' N. lat., 146° 55.10' W. long., and from a point at 60° 11.00' N. lat., 147° 20.00' W. long. on the northwest side of Montague Island, north to a point at 60° 30.00' N. lat., 147° 20.00' W. long., then east to a point at 60° 30.00' N. lat., 147° W. long., then northeast to Knowles Head at 60° 41.00' N. lat., 146° 37.50' W. long.;

(3) the state waters of Bristol Bay, described in 5 AAC 06.100;

(4) Karluk River Closure: all waters of Alaska in the Kodiak Area that are approximately three miles on either side of the mouth of the Karluk River bounded on the north by a line from 57° 36.26' N. lat., 154° 23.73' W. long., to a point at the state waters boundary at 57° 38.51' N. lat., 154° 27.92' W. long., and bounded on the south by a line from 57° 32.34' N. lat., 154° 32.15' W. long., to a point at the state waters boundary at 57° 34.84' N. lat., 154° 36.80' W. long.

History

Authority: AS 16.05.251

5 AAC 39.166 Mandatory retention of prohibited salmon species by commercial trawl vessels for counting and sampling {#sec-5-aac-39.166 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.166}

(a) The operator of a vessel taking groundfish with trawl gear in the waters of Alaska in the Bering Sea-Aleutian Islands Area described in 5 AAC 28.600 shall retain, on board the vessel or at the shoreside processing plant, salmon taken as bycatch with the trawl gear. After the salmon bycatch has been counted and sampled by a groundfish observer certified by the National Marine Fisheries Service (NMFS), the vessel operator shall provide for the disposal of the salmon in marine waters in a manner not inconsistent with applicable state or federal statutes and regulations.

(b) The operator of a vessel taking groundfish with trawl gear in federal waters adjacent to the area described in (a) of this section shall comply with (a) of this section if salmon taken as bycatch with the trawl gear are brought into the waters of Alaska.

(1) noting sex, species, length, and weight;

(2) taking scale or tissue specimens; and

(3) taking other measurements or specimens considered necessary by either the groundfish observer or a representative of the department.

(d) Repealed 6/2/95.

History

Authority: AS 16.05.251
Eff. 7/23/94, Register 131; am 6/2/95, Register 134

5 AAC 39.167 Commercial fishing gear prohibited in waters of Alaska surrounding essential fish habitat areas {#sec-5-aac-39.167 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.167}

In the waters of Alaska surrounding essential fish habitat areas, as defined in 50 C.F.R. 679.22, as revised as of August 25, 2008, during state managed fisheries, the following commercial fishing gear is prohibited as follows:

(1) the Aleutian Islands Coral Habitat Protection Area is closed to nonpelagic trawl, scallop dredge, dinglebar troll, pot, and longline gear;

(2) the Aleutian Islands Habitat Conservation Area is closed to nonpelagic trawl gear;

(3) the Bowers Ridge Habitat Conservation Zone is closed to nonpelagic trawl, scallop dredge, and dinglebar troll gear;

(4) the Gulf of Alaska Coral Habitat Protection Areas are closed to nonpelagic trawl, scallop dredge, dinglebar troll, pot, and longline gear;

(5) the Alaska Seamount Habitat Protection Areas are closed to nonpelagic trawl, scallop dredge, dinglebar troll, pot, and longline gear.

History

Authority: AS 16.05.251
Eff. 8/8/2007, Register 183; am 3/27/2008, Register 186; am 4/24/2009, Register 190

5 AAC 39.170 Monofilament purse seine web unlawful {#sec-5-aac-39.170 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.170}

It is unlawful to use single- or multiple-strand monofilament purse seine web. For the purpose of this regulation, "monofilament" means any single filament having more than 50 denier, that is, weighing more than 50 grams per 9,000 meters of filament.

History

Authority: AS 16.05.251

5 AAC 39.175 Use of lights prohibited {#sec-5-aac-39.175 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.175}

It is unlawful to use artificial lights to attract salmon out of closed waters for the purpose of a commercial taking.

History

Authority: AS 16.05.251(a)

5 AAC 39.180 Time limit for preservation of salmon {#sec-5-aac-39.180 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.180}

It is unlawful to preserve for sale as food any salmon, unless it has been canned, salted, iced, frozen, brine chilled, smoked, or dried within 48 hours after being killed.

History

Authority: AS 16.05.251

5 AAC 39.185 Policy on closures due to illegal fishing {#sec-5-aac-39.185 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.185}

(a) Some fisheries have had a documented history of illegal commercial fishing dating back to 1968. Enforcement efforts by the Department of Public Safety have been largely ineffective in controlling this recurring problem on a long-term basis. The Board recognizes the difficulty of enforcement in some areas of the state and although the current regulations are sufficient to protect fish stocks, they may be ineffective due to special enforcement problems.

History

Authority: AS 16.05.060; AS 16.05.251(a)

5 AAC 39.190 Driving salmon prohibited {#sec-5-aac-39.190 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.190}

It is unlawful to drive or attempt to drive salmon from waters closed to salmon fishing.

History

Authority: AS 16.05.251; AS 16.10.010

5 AAC 39.195 Announcement of emergency orders {#sec-5-aac-39.195 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.195}

Announcement of emergency orders will be publicized and made known to interested persons, fishermen, buyers, packers, and canneries by one or more of the following means, if possible:

(1) radio transmission by department stations;

(2) notices posted at canneries and public places;

(3) press releases and announcements in

(A) the department's website;

(B) local newspapers; and

(4) telephone message hotline;

(5) electronic mail;

(6) facsimile transmission;

(7) other appropriate public notification media.

History

Authority: AS 16.05.020; AS 16.05.060

5 AAC 39.197 Unlawful possession of fish {#sec-5-aac-39.197 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.197}

No person may possess, purchase, sell, barter or transport fish within the state or within water subject to the jurisdiction of the state if that person knows or has reason to know that fish were taken or possessed in contravention of 5 AAC 03 - 5 AAC 39.

History

Authority: AS 16.05.251(a)

5 AAC 39.198 Foreign fish processing permits {#sec-5-aac-39.198 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.198}

(a) Except as provided in this chapter, a foreign fishing vessel is prohibited from engaging in fish processing in the internal waters of Alaska.

(b) A foreign fishing vessel may engage in fish processing in the internal waters of Alaska if

(1) the foreign nation under which it is flagged will be a party to an agreement or a treaty, as required by 16 U.S.C. 1856(c), and during the time the vessel will engage in the fish processing;

(2) the owner or operator of the foreign fishing vessel, or a person representing the owner or operator, applies to the governor for, and is granted, a foreign processing permit for the vessel to engage in fish processing in the internal waters of Alaska.

(c) The governor will not grant a permit under (b)(2) of this section if he determines that fish processors in Alaska have adequate capacity, and will use that capacity, to process all of the United States harvested fish from the fishery concerned that are landed in Alaska.

(d) In determining whether or not fish processors in Alaska have adequate capacity, and will use that capacity, to process all of the United States harvested fish from the fishery, the governor will, in his discretion, consider the following factors:

(1) the total allowable catch expected in the fishery;

(2) availability and capability of harvesting vessels in Alaska, seasonal fishing and processing schedules, and marketing and other similar conditions in the fishery concerned and in alternative fisheries;

(3) availability of labor, adequacy and condition of processing machinery, freezers, and cold storage facilities of fish processors in Alaska, and the ability, intent and plans of those processors to process particular species;

(4) economic considerations, including contracts, agreements, and negotiations for the purchase of United States harvested fish by processors in Alaska;

(5) geographical considerations including proximity of harvest areas to the facilities of fish processors in Alaska; and

(6) the extent to which fish processors in Alaska have processed particular species.

(e) An owner or operator of a foreign fishing vessel who submits an application for a permit to engage in fish processing in the internal waters of Alaska must

(1) state the reasons why fish processors in Alaska do not have adequate capacity, or will not use their capacity, to process all of the United States harvested fish from the fishery concerned that are landed;

(2) provide the following information:

(A) vessel description and identification;

(B) names and descriptions of the vessels, if known, from which the applicant will purchase fish;

(D) a description of the fishery from which the species will be harvested;

(E) the stage of development of the fishery as established, developing or undeveloped, and a statement of how the proposed operation in the fishery will help to achieve the full potential of the resources and provide benefits including employment, food supply, and revenue;

(F) the dates for which permission is sought;

(G) the specific locations in internal waters proposed for foreign processing;

(H) the qualifying governing international fisheries agreement or treaty, as required by 16 U.S.C. 1856(c);

(I) evidence of compliance with applicable federal and state regulations including state laws and regulations that apply to processing vessels;

(J) proof of financial ability to purchase the expected quantity of fish to be processed, at reasonable market conditions;

(K) the ultimate sales market for the product, and marketing information showing how the operation will benefit development of the United States fishing industry;

(L) other information on the applicant's vessels, equipment, operations, and experience, reliance on local fishing vessel operations, and ability to benefit the United States fishing industry and residents of Alaska.

(f) In evaluating an application for a foreign processing permit, the governor will consider whether and to what extent the applicant and the applicant's nation have been, are, or will be contributing to the conservation, use, management, development, and enforcement of domestic fisheries programs.

(g) If a permit is granted, the governor will, in his discretion, designate times and areas of operations, species and quantities to be processed and other conditions of operation in order to attain desired benefits to the United States fishing industry.

(h) The governor will, in his discretion, suspend or terminate a permit granted under this section when he determines that processors in Alaska have adequate capacity, and will use that capacity, to process all United States harvested fish from the fishery and that the suspension or termination is necessary to achieve desired benefits to the United States fishing industry.

(i) The governor will, in his discretion, appoint a foreign processing advisory committee to obtain and review information regarding fish processing operations, including capacity determinations, in Alaska.

(j) In this section,

(1) "developed fishery" means a fishery in which United States processing capacity is available and has been used by United States fishermen and processors but not to the full extent of the total allowable catch in the fishery;

(2) "established fishery" means a fishery in which United States processing capacity has been available and has been used by United States fishermen and processors to the full extent of the total allowable catch in the fishery and in which full utilization by United States fishermen and processors is likely to continue;

(3) "fishery" means

(A) a stock or stocks of fish which may be treated as a unit for purposes of conservation and management and which are identified on the basis of geographical, scientific, technical, recreational, and economic characteristics; or

(B) the commercial taking of these stocks;

(4) "foreign fishing vessel" means a vessel that is documented under the flag of a foreign nation and engages in fish processing;

(5) "internal waters of Alaska" means all waters within the boundaries of the state except those seaward of the baseline from which the territorial sea is measured;

(6) "processing" means the application of preservative methods to the flesh of fish to maintain quality and prevent deterioration, including

(A) storage and transportation of unprocessed fish;

(B) preparation for preservation;

(C) cooking, canning, smoking, salting, drying, freezing, icing, refrigeration, vacuum packing, gas, microwave preservation, and other preservation means;

(7) "total allowable catch" means the quantity of fish in a fishery that may be harvested without detriment to sustained yield;

(8) "undeveloped fishery" means a fishery in which there has been no United States commercial fishing nor processing of the total allowable catch in the fishery.

History

Authority: 16 U.S.C. $ 1801et seq.Art. III, Alaska Const.

5 AAC 39.200 Application of fishery management plans {#sec-5-aac-39.200 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.200}

(a) The Board of Fisheries has implemented by regulation fishery management plans that provide the Department of Fish and Game with guidelines to be followed when making management decisions regarding the state's subsistence, commercial, sport and personal use fisheries. The primary goal of these management plans is to protect the sustained yield of the state's fishery resources while at the same time providing an equitable distribution of the available harvest between various users. The regulations contained in this section are intended to aid in the achievement of that goal and therefore will apply to all fishery management plans contained in 5 AAC 03 - 5 AAC 39.

(b) In some fishery management plans, the distribution of harvestable fish between various users is determined by the harvest that occurs during a specific time period, at a specific location or by a specific group or groups of users. At times fishermen, due to circumstances that are beyond the control of the department, such as weather or price disputes, will not harvest fish. When this happens in a fishery governed by a management plan, the goals of that plan may not be achieved. Therefore, when a fishery is open to the taking of fish and the group or groups of users whose catch determines the distribution of the harvest as set out in the applicable management plan is not taking the harvestable fish available to them, the department shall manage the fishery as if the available harvest is being taken. When determining the available harvest, the department shall consider the number of fish needed to meet spawning requirements, the number of fish present in the fishery and in spawning areas that are in excess of spawning requirements and the estimated harvesting capacity of the group or groups of users that would normally participate in the fishery.

History

Authority: AS 16.05.251
Eff. 4/16/83, Register 86

5 AAC 39.205 Criteria for the allocation of fishery resources among personal use, sport, and commercial fisheries {#sec-5-aac-39.205 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.205}

Before adopting regulations that allocate fish among personal use, sport, and commercial fisheries, the board will, as appropriate to particular allocation decisions, consider factors such as those set out in AS 16.05.251(e).

History

Authority: AS 16.05.251
Eff. 6/10/87, Register 102

5 AAC 39.210 Management plan for high impact emerging fisheries {#sec-5-aac-39.210 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.210}

(a) To guide management of high impact emerging commercial fisheries, a plan is needed that ensures resource conservation, minimizes impacts on existing users, and provides orderly development of new fishery resources.

(b) The department may regulate a commercial fishery as a high impact emerging commercial fishery if the commissioner determines that any of the following conditions apply to a species or species group in an area or region:

(1) harvesting effort has recently increased beyond a low sporadic level;

(2) interest has been expressed in harvesting the resource by more than a single user group;

(3) the level of harvest might be approaching a level that might not be sustainable on a local or regional level;

(4) the board has not developed comprehensive regulations to address issues of conservation, allocation, and conduct of an orderly fishery.

(c) The commissioner shall notify the board if a determination is made to manage a fishery as a high impact emerging fishery.

(d) The department shall close a high impact emerging commercial fishery once it has been designated as such by the commissioner, and may not reopen the fishery until an interim management plan and associated regulations have been adopted by the commissioner. If an interim management plan and regulations have been adopted, the commissioner may allow the fishery to continue.

(e) The department shall develop an interim management plan for each high impact emerging commercial fishery. An interim management plan shall contain at least the following information:

(1) a review of the history of commercial exploitation of the species in Alaska and other relevant jurisdictions;

(2) a review of the life history of the organism;

(3) identification of specific management goals and objectives;

(4) an evaluation of potential impacts on existing users;

(5) designation and justification of the preferred management measures;

(6) an evaluation of the conservation impacts of the preferred management approach on nontarget species and on nontarget individuals of the same species;

(7) a plan for determining the productivity of the species and impact of the fishery;

(8) a list of proposed interim regulations;

(9) a cost estimate for plan implementation;

(10) an analysis of customary and traditional subsistence use patterns.

(f) The commissioner may adopt regulations and open the fishery consistent with measures identified in the interim management plan. The regulations will remain in effect until the board adopts regulations under (g) of this section.

(g) Upon completion of an interim plan, the department shall petition the board under 5 AAC 96.625 to consider adoption of the management plan and associated regulations at its next regularly scheduled meeting.

(h) The department may require onboard observers as specified in 5 AAC 39.141 and 5 AAC 39.645 on fishing vessels, catcher-processors, and floating processors that participate in high impact emerging commercial fisheries.

History

Authority: AS 16.05.251
Eff. 4/30/91, Register 118

5 AAC 39.212 Forage Fish Management Plan {#sec-5-aac-39.212 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.212}

(a) This management plan governs the commercial harvesting of forage fish species in the waters of Alaska.

(b) The board finds that forage fish perform a critical role in the complex marine ecosystem by providing the transfer of energy from the primary and secondary producers to higher trophic levels. The higher trophic levels include many commercially important fish and shellfish species. Forage fish also serve as important prey species for marine mammals and seabirds.

(c) The board finds that abundant populations of forage fish are necessary to sustain healthy populations of commercially important species of salmon, groundfish, halibut, and shellfish.

(d) Except as otherwise provided in 5 AAC 03 - 5 AAC 39, forage fish may not be commercially taken.

(e) A vessel fishing in a directed groundfish fishery may retain a maximum allowable bycatch of forage fish equal to no more than two percent of the round weight or round weight equivalent of the groundfish on board the vessel.

(f) For the purposes of this section, "forage fish" means the following species of fish:

(1) Family Osmeridae (capelin, eulachon, and other smelts);

(2) Family Myctophidae (lanternfishes);

(3) Family Bathylagidae (deep-sea smelt);

(4) Family Ammodtidea (Pacific sand lance);

(5) Family Trichodontidae (Pacific sandfish);

(6) Family Pholidae (gunnels);

(7) Family Stichaeidae (pricklebacks, warbonnets, eelblennys, cockscombs, and shannys);

(8) Family Gonostomatidae (bristlemouths, lightfishes, and anglemouths);

(9) species of the Order Euphausiacea (krill).

History

Authority: AS 16.05.251
Eff. 7/21/99, Register 151

Article 6 Shellfish Fishery

5 AAC 39.645 ("Shellfish Onboard Observer Program") took effect 7/12/86 {#sec-5-aac-39.645 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.645}

5 AAC 39.220. Policy for the management of mixed stock salmon fisheries.

(a) In applying this statewide mixed stock salmon policy for all users, conservation of wild salmon stocks consistent with sustained yield shall be accorded the highest priority. Allocation of salmon resources under this policy will be consistent with the subsistence preference in AS 16.05.258, and the allocation criteria set out in 5 AAC 39.205, 5 AAC 75.017, and 5 AAC 77.007.

(b) In the absence of a regulatory management plan that otherwise allocates or restricts harvest, and when it is necessary to restrict fisheries on stocks where there are known conservation problems, the burden of conservation shall be shared among all fisheries in close proportion to their respective harvest on the stock of concern. The board recognized that precise sharing of conservation among fisheries is dependent on the amount of stock-specific information available.

(c) The board's preference in assigning conservation burdens in mixed stock fisheries is through the application of specific fishery management plans set out in the regulations. A management plan incorporates conservation burden and allocation of harvest opportunity.

(d) Most wild Alaska salmon stocks are fully allocated to fisheries capable of harvesting available surpluses. Consequently, the board will restrict new or expanding mixed stock fisheries unless otherwise provided for by management plans or by application of the board's allocation criteria. Natural fluctuations in the abundance of stocks harvested in a fishery will not be the single factor that identifies a fishery as expanding or new.

(e) This policy will be implemented only by the board through regulations adopted (1) during its regular meeting cycle; or (2) through procedures established in the Joint Board's Petition Policy (5 AAC 96.625), Subsistence Petition Policy (5 AAC 96.625(f)), Policy for Changing Board Agenda (5 AAC 39.999), or Subsistence Proposal Policy (5 AAC 96.615).

History

Authority: AS 16.05.251
Eff. 7/12/86, Register 99; am 7/23/88, Register 107; em am 9/20/88 - 1/17/89, Register 108; am 7/30/89, Register 111; am 9/19/90, Register 115; em am 3/19/91 - 7/16/91, Register 118; am 5/2/92, Register 122; am 6/24/93, Register 126; am 11/3/95, Register 136; am 9/1/96, Register 139; am 12/26/97, Register 144; am 7/21/99, Register 151; am 8/31/2000, Register 155; am 7/31/2003, Register 167; am 8/14/2005, Register 175; am 8/28/2005, Register 175; am 7/16/2006, Register 179; am 9/12/2008, Register 187; am 7/16/2011, Register 199; am 6/27/2014, Register 210; am 7/22/2017, Register 223; am 6/17/2018, Register 226; am 9/19/2019, Register 231; am 6/21/2020, Register 234; am 7/10/2025, Register 255

Article 2 Salmon Fishery

5 AAC 39.222 Policy for the management of sustainable salmon fisheries {#sec-5-aac-39.222 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.222}

(a) The Board of Fisheries (board) and Department of Fish and Game (department) recognize that

(1) while, in the aggregate, Alaska's salmon fisheries are healthy and sustainable largely because of abundant pristine habitat and the application of sound, precautionary, conservation management practices, there is a need for a comprehensive policy for the regulation and management of sustainable salmon fisheries;

(2) in formulating fishery management plans designed to achieve maximum or optimum salmon production, the board and department must consider factors including environmental change, habitat loss or degradation, data uncertainty, limited funding for research and management programs, existing harvest patterns, and new fisheries or expanding fisheries;

(3) to effectively assure sustained yield and habitat protection for wild salmon stocks, fishery management plans and programs require specific guiding principles and criteria, and the framework for their application contained in this policy.

(b) The goal of the policy under this section is to ensure conservation of salmon and salmon's required marine and aquatic habitats, protection of customary and traditional subsistence uses and other uses, and the sustained economic health of Alaska's fishing communities.

(1) wild salmon stocks and the salmon's habitats should be maintained at levels of resource productivity that assure sustained yields as follows:

(A) salmon spawning, rearing, and migratory habitats should be protected as follows:

(i) salmon habitats should not be perturbed beyond natural boundaries of variation;

(ii) scientific assessments of possible adverse ecological effects of proposed habitat alterations and the impacts of the alterations on salmon populations should be conducted before approval of a proposal;

(iii) adverse environmental impacts on wild salmon stocks and the salmon's habitats should be assessed;

(iv) all essential salmon habitat in marine, estuarine, and freshwater ecosystems and access of salmon to these habitats should be protected; essential habitats include spawning and incubation areas, freshwater rearing areas, estuarine and nearshore rearing areas, offshore rearing areas, and migratory pathways;

(v) salmon habitat in fresh water should be protected on a watershed basis, including appropriate management of riparian zones, water quality, and water quantity;

(B) salmon stocks should be protected within spawning, incubating, rearing, and migratory habitats;

(C) degraded salmon productivity resulting from habitat loss should be assessed, considered, and controlled by affected user groups, regulatory agencies, and boards when making conservation and allocation decisions;

(D) effects and interactions of introduced or enhanced salmon stocks on wild salmon stocks should be assessed; wild salmon stocks and fisheries on those stocks should be protected from adverse impacts from artificial propagation and enhancement efforts;

(E) degraded salmon spawning, incubating, rearing, and migratory habitats should be restored to natural levels of productivity where known and desirable;

(F) ongoing monitoring should be conducted to determine the current status of habitat and the effectiveness of restoration activities;

(G) depleted salmon stocks should be allowed to recover or, where appropriate, should be actively restored; diversity should be maintained to the maximum extent possible, at the genetic, population, species, and ecosystem levels;

(2) salmon fisheries shall be managed to allow escapements within ranges necessary to conserve and sustain potential salmon production and maintain normal ecosystem functioning as follows:

(A) salmon spawning escapements should be assessed both temporally and geographically; escapement monitoring programs should be appropriate to the scale, intensity, and importance of each salmon stock's use;

(B) salmon escapement goals, whether sustainable escapement goals, biological escapement goals, optimal escapement goals, or inriver run goals, should be established in a manner consistent with sustained yield; unless otherwise directed, the department will manage Alaska's salmon fisheries, to the extent possible, for maximum sustained yield;

(C) salmon escapement goal ranges should allow for uncertainty associated with measurement techniques, observed variability in the salmon stock measured, changes in climatic and oceanographic conditions, and varying abundance within related populations of the salmon stock measured;

(D) salmon escapement should be managed in a manner to maintain genetic and phenotypic characteristics of the stock by assuring appropriate geographic and temporal distribution of spawners as well as consideration of size range, sex ratio, and other population attributes;

(E) impacts of fishing, including incidental mortality and other human-induced mortality, should be assessed and considered in harvest management decisions;

(F) salmon escapement and harvest management decisions should be made in a manner that protects nontarget salmon stocks or species;

(G) the role of salmon in ecosystem functioning should be evaluated and considered in harvest management decisions and setting of salmon escapement goals;

(H) salmon abundance trends should be monitored and considered in harvest management decisions;

(3) effective management systems should be established and applied to regulate human activities that affect salmon as follows:

(A) salmon management objectives should be appropriate to the scale and intensity of various uses and the biological capacities of target salmon stocks;

(B) management objectives should be established in harvest management plans, strategies, guiding principles, and policies, such as for mixed stock fishery harvests, fish disease, genetics, and hatchery production, that are subject to periodic review;

(C) when wild salmon stocks are fully allocated, new fisheries or expanding fisheries should be restricted, unless provided for by management plans or by application of the board's allocation criteria;

(D) management agencies should have clear authority in statute and regulation to

(i) control all sources of fishing mortality on salmon;

(ii) protect salmon habitats and control nonfishing sources of mortality;

(E) management programs should be effective in

(i) controlling human-induced sources of fishing mortality and should incorporate procedures to assure effective monitoring, compliance, control, and enforcement;

(ii) protecting salmon habitats and controlling collateral mortality and should incorporate procedures to assure effective monitoring, compliance, control, and enforcement;

(F) fisheries management implementation and outcomes should be consistent with regulations, regulations should be consistent with statutes, and effectively carry out the purpose of this section;

(G) the board will recommend to the commissioner the development of effective joint research, assessment, and management arrangements with appropriate management agencies and bodies for salmon stocks that cross state, federal, or international jurisdictional boundaries; the board will recommend the coordination of appropriate procedures for effective monitoring, compliance, control, and enforcement with those of other agencies, states, or nations;

(H) the board will work, within the limits of its authority, to assure that

(i) management activities are accomplished in a timely and responsive manner to implement objectives, based on the best available scientific information;

(ii) effective mechanisms for the collection and dissemination of information and data necessary to carry out management activities are developed, maintained, and utilized;

(iii) management programs and decision-making procedures are able to clearly distinguish, and effectively deal with, biological and allocation issues;

(I) the board will recommend to the commissioner and legislature that adequate staff and budget for research, management, and enforcement activities be available to fully implement sustainable salmon fisheries principles;

(J) proposals for salmon fisheries development or expansion and artificial propagation and enhancement should include assessments required for sustainable management of existing salmon fisheries and wild salmon stocks;

(K) plans and proposals for development or expansion of salmon fisheries and enhancement programs should effectively document resource assessments, potential impacts, and other information needed to assure sustainable management of wild salmon stocks;

(L) the board will work with the commissioner and other agencies to develop effective processes for controlling excess fishing capacity;

(M) procedures should be implemented to regularly evaluate the effectiveness of fishery management and habitat protection actions in sustaining salmon populations, fisheries, and habitat, and to resolve associated problems or deficiencies;

(N) conservation and management decisions for salmon fisheries should take into account the best available information on biological, environmental, economic, social, and resource use factors;

(O) research and data collection should be undertaken to improve scientific and technical knowledge of salmon fisheries, including ecosystem interactions, status of salmon populations, and the condition of salmon habitats;

(P) the best available scientific information on the status of salmon populations and the condition of the salmon's habitats should be routinely updated and subject to peer review;

(4) public support and involvement for sustained use and protection of salmon resources should be sought and encouraged as follows:

(A) effective mechanisms for dispute resolution should be developed and used;

(B) pertinent information and decisions should be effectively disseminated to all interested parties in a timely manner;

(D) an understanding of the proportion of mortality inflicted on each salmon stock by each user group, should be promoted, and the burden of conservation should be allocated across user groups in a manner consistent with applicable state and federal statutes, including AS 16.05.251(e) and AS 16.05.258; in the absence of a regulatory management plan that otherwise allocates or restricts harvests, and when it is necessary to restrict fisheries on salmon stocks where there are known conservation problems, the burden of conservation shall be shared among all fisheries in close proportion to each fisheries' respective use, consistent with state and federal law;

(E) the board will work with the commissioner and other agencies as necessary to assure that adequately funded public information and education programs provide timely materials on salmon conservation, including habitat requirements, threats to salmon habitat, the value of salmon and habitat to the public and ecosystem (fish and wildlife), natural variability and population dynamics, the status of salmon stocks and fisheries, and the regulatory process;

(5) in the face of uncertainty, salmon stocks, fisheries, artificial propagation, and essential habitats shall be managed conservatively as follows:

(A) a precautionary approach, involving the application of prudent foresight that takes into account the uncertainties in salmon fisheries and habitat management, the biological, social, cultural, and economic risks, and the need to take action with incomplete knowledge, should be applied to the regulation and control of harvest and other human-induced sources of salmon mortality; a precautionary approach requires

(i) consideration of the needs of future generations and avoidance of potentially irreversible changes;

(ii) prior identification of undesirable outcomes and of measures that will avoid undesirable outcomes or correct them promptly;

(iii) initiation of any necessary corrective measure without delay and prompt achievement of the measure's purpose, on a time scale not exceeding five years, which is approximately the generation time of most salmon species;

(iv) that where the impact of resource use is uncertain, but likely presents a measurable risk to sustained yield, priority should be given to conserving the productive capacity of the resource;

(v) appropriate placement of the burden of proof, of adherence to the requirements of this subparagraph, on those plans or ongoing activities that pose a risk or hazard to salmon habitat or production;

(B) a precautionary approach should be applied to the regulation of activities that affect essential salmon habitat.

(d) The principles and criteria for sustainable salmon fisheries shall be applied, by the department and the board using the best available information, as follows:

(1) at regular meetings of the board, the department will, to the extent practicable, provide the board with reports on the status of salmon stocks and salmon fisheries under consideration for regulatory changes, which should include

(A) a stock-by-stock assessment of the extent to which the management of salmon stocks and fisheries is consistent with the principles and criteria contained in the policy under this section;

(B) descriptions of habitat status and any habitat concerns;

(D) identification of any existing salmon escapement goals, or management actions needed to achieve these goals, that may have allocative consequences such as the

(i) identification of a new fishery or expanding fishery;

(ii) identification of any salmon stocks, or populations within stocks, that present a concern related to yield, management, or conservation; and

(iii) description of management and research options to address salmon stock or habitat concerns;

(2) in response to the department's salmon stock status reports, reports from other resource agencies, and public input, the board will review the management plan, or consider developing a management plan, for each affected salmon fishery or stock; management plans will be based on the principles and criteria contained in this policy and will

(A) contain goals and measurable and implementable objectives that are reviewed on a regular basis and utilize the best available scientific information;

(B) minimize the adverse effects on salmon habitat caused by fishing;

(D) prevent overfishing; and

(E) provide conservation and management measures that are necessary and appropriate to promote maximum or optimum sustained yield of the fishery resource;

(3) in the course of review of the salmon stock status reports and management plans described in (1) and (2) of this subsection, the board, in consultation with the department, will determine if any new fisheries or expanding fisheries, stock yield concerns, stock management concerns, or stock conservation concerns exist; if so, the board will, as appropriate, amend or develop salmon fishery management plans to address these concerns; the extent of regulatory action, if any, should be commensurate with the level of concerns and range from milder to stronger as concerns range from new and expanding salmon fisheries through yield concerns, management concerns, and conservation concerns;

(4) in association with the appropriate management plan, the department and the board will, as appropriate, collaborate in the development and periodic review of an action plan for any new or expanding salmon fisheries, or stocks of concern; action plans should contain goals, measurable and implementable objectives, and provisions, including

(A) measures required to restore and protect salmon habitat, including necessary coordination with other agencies and organizations;

(B) identification of salmon stock or population rebuilding goals and objectives;

(C) fishery management actions needed to achieve rebuilding goals and objectives, in proportion to each fishery's use of, and hazards posed to, a salmon stock;

(D) descriptions of new or expanding salmon fisheries, management concern, yield concern, or conservation concern; and

(E) performance measures appropriate for monitoring and gauging the effectiveness of the action plan that are derived from the principles and criteria contained in this policy;

(5) each action plan will include a research plan as necessary to provide information to address concerns; research needs and priorities will be evaluated periodically, based on the effectiveness of the monitoring described in (4) of this subsection;

(6) where actions needed to regulate human activities that affect salmon and salmon's habitat that are outside the authority of the department or the board, the department or board shall correspond with the relevant authority, including the governor, relevant boards and commissions, commissioners, and chairs of appropriate legislative committees, to describe the issue and recommend appropriate action.

(e) Nothing in the policy under this section is intended to expand, reduce, or be inconsistent with, the statutory regulatory authority of the board, the department, or other state agencies with regulatory authority that impacts the fishery resources of the state.

(f) In this section, and in implementing this policy,

(1) "allocation" means the granting of specific harvest privileges, usually by regulation, among or between various user groups; "allocation" includes quotas, time periods, area restrictions, percentage sharing of stocks, and other management measures providing or limiting harvest opportunity;

(2) "allocation criteria" means the factors set out in AS 16.05.251(e) considered by the board as appropriate to particular allocation decisions under 5 AAC 39.205, 5 AAC 75.017, and 5 AAC 77.007;

(3) "biological escapement goal" or "(BEG)" means the escapement that provides the greatest potential for maximum sustained yield; BEG will be the primary management objective for the escapement unless an optimal escapement or inriver run goal has been adopted; BEG will be developed from the best available biological information, and should be scientifically defensible on the basis of available biological information; BEG will be determined by the department and will be expressed as a range based on factors such as salmon stock productivity and data uncertainty; the department will seek to maintain evenly distributed salmon escapements within the bounds of a BEG;

(4) "burden of conservation" means the restrictions imposed by the board or department upon various users in order to achieve escapement, rebuild, or in some other way conserve a specific salmon stock or group of stocks; this burden, in the absence of a salmon fishery management plan, will be generally applied to users in close proportion to the users' respective harvest of the salmon stock;

(5) "chronic inability" means the continuing or anticipated inability to meet escapement thresholds over a four to five year period, which is approximately the generation time of most salmon species;

(6) "conservation concern" means concern arising from a chronic inability, despite the use of specific management measures, to maintain escapements for a stock above a sustained escapement threshold (SET); a conservation concern is more severe than a management concern;

(7) "depleted salmon stock" means a salmon stock for which there is a conservation concern;

(8) "diversity", in a biological context, means the range of variation exhibited within any level of organization, such as among genotypes within a salmon population, among populations within a salmon stock, among salmon stocks within a species, among salmon species within a community, or among communities within an ecosystem;

(9) "enhanced salmon stock" means a stock of salmon that is undergoing specific manipulation, such as hatchery augmentation or lake fertilization, to enhance its productivity above the level that would naturally occur; "enhanced salmon stock" includes an introduced stock, where no wild salmon stock had occurred before, or a wild salmon stock undergoing manipulation, but does not include a salmon stock undergoing rehabilitation, which is intended to restore a salmon stock's productivity to a higher natural level;

(10) "escapement" means the annual estimated size of the spawning salmon stock; quality of the escapement may be determined not only by numbers of spawners, but also by factors such as sex ratio, age composition, temporal entry into the system, and spatial distribution within the salmon spawning habitat;

(11) "expanding fishery" means a salmon fishery in which effective harvesting effort has recently increased significantly beyond historical levels and where the increase has not resulted from natural fluctuations in salmon abundance;

(12) "expected yields" mean levels at or near the lower range of recent historic harvests if they are deemed sustainable;

(13) "genetic" means those characteristics (genotypic) of an individual or group of salmon that are expressed genetically, such as allele frequencies or other genetic markers;

(14) "habitat concern" means the degradation of salmon habitat that results in, or can be anticipated to result in, impacts leading to yield, management, or conservation concerns;

(15) "harvestable surplus" means the number of salmon from a stock's annual run that is surplus to escapement needs and can reasonably be made available for harvest;

(16) "healthy salmon stock" means a stock of salmon that has annual runs typically of a size to meet escapement goals and a potential harvestable surplus to support optimum or maximum sustained yield;

(17) "incidental harvest" means the harvest of fish, or other species, that is captured in addition to the target species of a fishery;

(18) "incidental mortality" means the mortality imposed on a salmon stock outside of directed fishing, and mortality caused by incidental harvests, interaction with fishing gear, habitat degradation, and other human-related activities;

(19) "inriver run goal" means a specific management objective for salmon stocks that are subject to harvest upstream of the point where escapement is estimated; the inriver run goal will be set in regulation by the board and is comprised of the SEG, BEG, or OEG, plus specific allocations to inriver fisheries;

(20) "introduced stock" means a stock of salmon that has been introduced to an area, or portion of an area, where that stock had not previously occurred; an "introduced salmon stock" includes a salmon stock undergoing continued enhancement, or a salmon stock that is left to sustain itself with no additional manipulation;

(21) "management concern" means a concern arising from a chronic inability, despite use of specific management measures, to maintain escapements for a salmon stock within the bounds of the SEG, BEG, OEG, or other specified management objectives for the fishery; a management concern is not as severe as a conservation concern;

(22) "maximum sustained yield" or "(MSY)" means the greatest average annual yield from a salmon stock; in practice, MSY is achieved when a level of escapement is maintained within a specific range on an annual basis, regardless of annual run strength; the achievement of MSY requires a high degree of management precision and scientific information regarding the relationship between salmon escapement and subsequent return; the concept of MSY should be interpreted in a broad ecosystem context to take into account species interactions, environmental changes, an array of ecosystem goods and services, and scientific uncertainty;

(23) "mixed stock fishery" means a fishery that harvests fish from a mixture of stocks;

(24) "new fishery" means a fishery that new units of effort or expansion of existing effort toward new species, areas, or time periods, results in harvest patterns substantially different from those in previous years, and the difference is not exclusively the result of natural fluctuations in fish abundance;

(25) "optimal escapement goal" or "(OEG)" means a specific management objective for salmon escapement that considers biological and allocative factors and may differ from the SEG or BEG; an OEG will be sustainable and may be expressed as a range with the lower bound above the level of SET, and will be adopted as a regulation by the board; the department will seek to maintain evenly distributed escapements within the bounds of the OEG;

(26) "optimum sustained yield" or "(OSY)" means an average annual yield from a salmon stock considered to be optimal in achieving a specific management objective other than maximum yield, such as achievement of a consistent level of sustained yield, protection of a less abundant or less productive salmon stock or species, enhancement of catch per unit effort in sport fishery, facilitation of a nonconsumptive use, facilitation of a subsistence use, or achievement of a specific allocation;

(27) "overfishing" means a level of fishing on a salmon stock that results in a conservation or management concern;

(28) "phenotypic characteristics" means those characteristics of an individual or group of salmon that are expressed physically, such as body size and length at age;

(29) "rehabilitation" means efforts applied to a salmon stock to restore it to an otherwise natural level of productivity; "rehabilitation" does not include an enhancement, which is intended to augment production above otherwise natural levels;

(30) "return" means the total number of salmon in a stock from a single brood (spawning) year surviving to adulthood; because the ages of adult salmon (except pink salmon) returning to spawn varies, the total return from a brood year will occur over several calendar years; the total return generally includes those mature salmon from a single brood year that are harvested in fisheries plus those that compose the salmon stock's spawning escapement; "return" does not include a run, which is the number of mature salmon in a stock during a single calendar year;

(31) "run" means the total number of salmon in a stock surviving to adulthood and returning to the vicinity of the natal stream in any calendar year, composed of both the harvest of adult salmon plus the escapement; the annual run in any calendar year, except for pink salmon, is composed of several age classes of mature fish from the stock, derived from the spawning of a number of previous brood years;

(32) "salmon" means the five wild anadromous semelparous Pacific salmon species Oncorhynchus sp., except steelhead and cutthroat trout, native to Alaska as follows:

(A) Chinook or king salmon (O. tschawytscha);

(B) sockeye or red salmon (O. nerka);

(D) pink or humpback salmon (O. gorbuscha); and

(E) chum or dog salmon (O. keta);

(33) "salmon population" means a locally interbreeding group of salmon that is distinguished by a distinct combination of genetic, phenotypic, life history, and habitat characteristics, comprised of an entire stock or a component portion of a stock; the smallest uniquely identifiable spawning aggregation of genetically similar salmon used for monitoring purposes;

(34) "salmon stock" means a locally interbreeding group of salmon that is distinguished by a distinct combination of genetic, phenotypic, life history, and habitat characteristics or an aggregation of two or more interbreeding groups which occur within the same geographic area and is managed as a unit;

(35) "stock of concern" means a stock of salmon for which there is a yield, management, or conservation concern;

(36) "sustainable escapement goal" or "(SEG)" means a level of escapement, indicated by an index or an escapement estimate, that is known to provide for sustained yield over a 5 to 10 year period, used in situations where a BEG cannot be estimated or managed for; the SEG is the primary management objective for the escapement, unless an optimal escapement or inriver run goal has been adopted by the board; the SEG will be developed from the best available biological information; and should be scientifically defensible on the basis of that information; the SEG will be determined by the department and will take into account data uncertainty and be stated as either a "SEG range" or "lower bound SEG"; the department will seek to maintain escapements within the bounds of the SEG range or above the level of a lower bound SEG;

(37) "sustainable salmon fishery" means a salmon fishery that persists and obtains yields on a continuing basis; characterized by fishing activities and habitat alteration, if any, that do not cause or lead to undesirable changes in biological productivity, biological diversity, or ecosystem structure and function, from one human generation to the next;

(38) "sustained yield" means an average annual yield that results from a level of salmon escapement that can be maintained on a continuing basis; a wide range of average annual yield levels is sustainable; a wide range of annual escapement levels can produce sustained yields;

(39) "sustained escapement threshold" or "(SET)" means a threshold level of escapement, below which the ability of the salmon stock to sustain itself is jeopardized; in practice, SET can be estimated based on lower ranges of historical escapement levels, for which the salmon stock has consistently demonstrated the ability to sustain itself; the SET is lower than the lower bound of the BEG and lower than the lower bound of the SEG; the SET is established by the department in consultation with the board, as needed, for salmon stocks of management or conservation concern;

(40) "target species" or "target salmon stocks" means the main, or several major, salmon species of interest toward which a fishery directs its harvest;

(41) "yield" means the number or weight of salmon harvested in a particular year or season from a stock;

(42) "yield concern" means a concern arising from a chronic inability, despite the use of specific management measures, to maintain expected yields, or harvestable surpluses, above a stock's escapement needs; a yield concern is less severe than a management concern, which is less severe than a conservation concern;

(43) "wild salmon stock" means a stock of salmon that originates in a specific location under natural conditions; "wild salmon stock" may include an enhanced or rehabilitated stock if its productivity is augmented by supplemental means, such as lake fertilization or rehabilitative stocking; "wild salmon stock" does not include an introduced stock, except that some introduced salmon stocks may come to be considered "wild" if the stock is self-sustaining for a long period of time;

(44) "action point" means a threshold value for some quantitative indicator of stock run strength at which an explicit management action will be taken to achieve an optimal escapement goal.

History

Authority: AS 16.05.251
Eff. 9/30/2000, Register 155; am 11/16/2000, Register 156; am 6/22/2001, Register 158; am 6/10/2010, Register 194

5 AAC 39.223 Policy for statewide salmon escapement goals {#sec-5-aac-39.223 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.223}

(a) The Department of Fish and Game (department) and the Board of Fisheries (board) are charged with the duty to conserve and develop Alaska's salmon fisheries on the sustained yield principle. Therefore, the establishment of salmon escapement goals is the responsibility of both the board and the department working collaboratively. The purpose of this policy is to establish the concepts, criteria, and procedures for establishing and modifying salmon escapement goals and to establish a process that facilitates public review of allocative issues associated with escapement goals.

(b) The board recognizes the department's responsibility to

(1) document existing salmon escapement goals for all salmon stocks that are currently managed for an escapement goal;

(2) establish biological escapement goals (BEG) for salmon stocks for which the department can reliably enumerate salmon escapement levels, as well as total annual returns;

(3) establish sustainable escapement goals (SEG) for salmon stocks for which the department can reliably estimate escapement levels when there is not sufficient information to enumerate total annual returns and the range of escapements that are used to develop a BEG;

(4) establish sustained escapement thresholds (SET) as provided in 5 AAC 39.222 (Policy for the Management of Sustainable Salmon Fisheries);

(5) establish escapement goals for aggregates of individual spawning populations with similar productivity and vulnerability to fisheries and for salmon stocks managed as units;

(6) review an existing, or propose a new, BEG, SEG and SET on a schedule that conforms, to the extent practicable, to the board's regular cycle of consideration of area regulatory proposals;

(7) prepare a scientific analysis with supporting data whenever a new BEG, SEG, or SET, or a modification to an existing BEG, SEG, or SET is proposed and, in its discretion, to conduct independent peer reviews of its BEG, SEG, and SET analyses;

(8) notify the public whenever a new BEG, SEG, or SET is established or an existing BEG, SEG, or SET is modified;

(9) whenever allocative impacts arise from any management actions necessary to achieve a new or modified BEG, SEG or SET, report to the board on a schedule that conforms, to the extent practicable, to the board's regular cycle of consideration of area regulatory proposals so that it can address allocation issues.

(1) take regulatory actions as may be necessary to address allocation issues arising from implementation of a new or modified BEG, SEG, and SET;

(2) during its regulatory process, review a BEG, SEG, or SET determined by the department and, with the assistance of the department, determine the appropriateness of establishing an optimal escapement goal (OEG); the board will provide an explanation of the reasons for establishing an OEG and provide, to the extent practicable, and with the assistance of the department, an estimate of expected differences in yield of any salmon stock, relative to maximum sustained yield, resulting from implementation of an OEG.

(d) Unless the context requires otherwise, the terms used in this section have the same meaning given those terms in 5 AAC 39.222(f).

History

Authority: AS 16.05.251
Eff. 6/22/2001, Register 158

5 AAC 39.225 Arctic-Yukon-Kuskokwim Region Chum Salmon Rebuilding Management Plan {#sec-5-aac-39.225 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.225}

Repealed.

History

Eff. 7/3/94, Register 130; repealed 6/22/2001, Register 158

5 AAC 39.230 Gear {#sec-5-aac-39.230 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.230}

Only those gillnets, seines, troll lines, fish wheels, spears or other appliances as provided for in 5 AAC 03 - 5 AAC 39 may be used to take salmon.

History

Authority: AS 16.05.251

5 AAC 39.240 General gear specifications and operations {#sec-5-aac-39.240 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.240}

(a) A salmon fishing vessel shall operate, assist in operating, or have aboard it or any boat towed by it, only one legal limit of salmon fishing gear in the aggregate except as otherwise provided in this title.

(b) Unhung gear sufficient for mending purposes may be carried aboard fishing vessels.

(c) A purse seine, hand purse seine or beach seine may not be fished simultaneously with gillnet gear by any individual or vessel.

(d) Salmon fishing nets must be measured, either wet or dry, by determining the maximum or minimum distance between the first and last hanging of the net when the net is fully extended with traction applied at one end only.

(e) The interim-use or entry permit card holder is responsible for the operation of the net.

History

Authority: AS 16.05.251

5 AAC 39.250 Gillnet specifications and operations {#sec-5-aac-39.250 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.250}

(a) The trailing of gillnet web is prohibited at any time or place where fishing is not permitted.

(b) Set gillnets shall be removed from the water during any closed period.

(1) at least 30 filaments, each of which must be of equal diameter; or

(2) at least six filaments, each of which must be at least 0.20 millimeters in diameter.

(d) The float line and floats of gillnets must be floating on the surface of the water while the net is fishing, unless natural conditions cause the net to temporarily sink. The restriction of this subsection does not apply in the Arctic-Kotzebue Area (5 AAC 03.100), the Norton Sound - Port Clarence Area (5 AAC 04.100), Districts 1 and 2 of the Yukon Area (5 AAC 05.100) when fishing under the ice, Districts 3 - 6 of the Yukon Area (5 AAC 05.100) all year, the Kuskokwim Area (5 AAC 07.100), and the Kodiak Area (5 AAC 18.100).

History

Authority: AS 16.05.251

5 AAC 39.260 Seine specifications and operations {#sec-5-aac-39.260 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.260}

(a) In the use of purse seines and hand purse seines, not more than one anchor may be used to hold the seine, lead and seine boat during a set.

(b) Repealed 3/26/76.

(c) A purse seine has ceased fishing when both ends of the seine, excluding skiff tow lines and straps, are attached to the seine vessel.

(d) A hand purse seine is considered to have ceased fishing when both ends of the seine are fast to the vessel.

(e) A beach seine is considered to have ceased fishing when all of the lead line is above the water on the beach.

(f) Where the use of leads is permitted, a purse seine vessel may not have or use more than one lead of legal length and depth, without purse rings attached, and with a minimum mesh size of seven inches, except that a lead may have a cork line border strip not to exceed five meshes of less than seven-inch meshes stretch measure and a lead line chafing strip not to exceed 25 meshes less than seven-inch stretch measure.

(g) If a purse seine and a lead are operated together

(1) the lead must be attached to the purse seine;

(2) the lead may be attached to only one end of the purse seine;

(3) the lead may not be attached at any other part of the purse seine;

(4) the web of the purse seine must overlap the web of the lead by at least one fathom, or the web of the purse seine must be sewn to the end of the lead for the entire depth of the shallowest net;

(5) repealed 6/2/88;

(6) repealed 6/2/88;

(7) repealed 6/2/88;

(8) repealed 6/2/88.

(h) One end, and only one end, of a seine lead may be attached to land above the waterline. If the lead is attached to land above the waterline, no other anchor may be used on the lead, purse seine, seine vessel, or skiff. "Anchor" is defined in 5 AAC 39.105(d)(19).

(i) During the operation of a purse seine, the propulsion engines of the seine vessel, or the skiff assisting the operation, must be running and the vessel must be controlling the configuration of the purse seine.

(j) A seine vessel must be attached to one end, and only one end, of a purse seine or lead when it is in operation. Any line used to make the attachment may not be more than 13 fathoms in length.

(k) A purse seine may not be used as a lead for another purse seine.

History

Authority: AS 16.05.251

5 AAC 39.265 Retention of salmon taken in a commercial net fishery {#sec-5-aac-39.265 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.265}

(a) The Board of Fisheries recognizes that at times during a commercial salmon season it may be necessary to require retention of all salmon species taken in a commercial net fishery for the purpose of conservation or development of the salmon resource.

(b) In a commercial salmon net fishery, if the commissioner determines that retention of all salmon species is necessary under this section, the commissioner may, by emergency order, close a commercial salmon net fishery and immediately reopen the fishery, during which all salmon species caught must be retained, unless otherwise specified in 5 AAC 01 - 77.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 6/14/2001, Register 158

5 AAC 39.270 Troll specifications and operations {#sec-5-aac-39.270 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.270}

(a) Repealed 10/1/98.

(b) Repealed 10/1/98.

(d) Repealed 4/18/86.

(e) Repealed 10/1/98.

(f) Repealed 10/1/98.

(g) Repealed 4/16/83.

(h) Repealed 10/1/98.

(i) Repealed 10/1/98.

History

Authority: AS 16.05.251

5 AAC 39.280 Identification of stationary fishing gear {#sec-5-aac-39.280 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.280}

(a) The owner or operator of a set gillnet or fish wheel in operation shall place in a conspicuous place on or near the set gillnet or fish wheel the name of the fisherman operating it, together with the fisherman's five-digit CFEC permit serial number. Numbers must be at least six inches in height with lines at least one inch wide and of a color contrasting with the background. The identification name and numbers for fish wheels must be placed on the side of the fish wheel facing midstream of the river.

(b) In addition to the requirements of (a) of this section, the owner or operator of a set gillnet in operation shall have at each end of the set gillnet a red keg, buoy, or cluster of floats, or, in the case of set gillnets anchored to land, shall have a red keg, buoy, or cluster of floats at the outer end of the net. The kegs, buoys, or clusters of floats must be plainly and legibly marked with the fisherman's five-digit CFEC permit serial number. The kegs, buoys, or clusters of floats may bear only a single number - that of the permit holder operating the gear. In the Upper Subdistrict of the Central District of the Cook Inlet Area, the operator of a set gillnet shall attach to the net a 'trailer" buoy that floats at all times.

History

Authority: AS 16.05.251

5 AAC 39.281 Vessel identification {#sec-5-aac-39.281 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.281}

Repealed 4/18/86.

5 AAC 39.290 Closed waters {#sec-5-aac-39.290 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.290}

(a) Except as otherwise specified in this title, commercial fishing for salmon is prohibited at all times in the waters of Alaska that are

(1) within the fresh water of streams and rivers of this state;

(2) within 500 yards of the fresh water of a stream that is a salmon stream; or

(3) over the beds or channels of fresh water of streams and rivers of this state during all stages of the tide.

(b) The department may post any closed area designated in (a) of this section by appropriate markers. The department shall place such markers as close as practically possible to the distance or location specified by the applicable regulation or emergency order. However, where markers have been deployed, it is unlawful to take salmon for commercial purposes on the streamward side of the area indicated by the markers and as described in (a) of this section.

(c) Where markers as described above have been lost or destroyed or are not in place, the area closed to commercial salmon fishing is as specified by the applicable regulation or emergency order.

(d) The Ugashik, Yukon and Kuskokwim Rivers, the Yakutat Area and any other river where a legal commercial fishery now exists are the only exceptions to this closure.

(e) The points established for stream mouths listed in the Catalog of Waters Important for Spawning, Rearing, or Migration of Anadromous Fishes under 5 AAC 95.011 do not apply to enforcement of this section or other regulations limiting the distance that commercial fishing may occur from the fresh water of a stream that is a salmon stream.

History

Authority: AS 16.05.251

5 AAC 39.291 Boundary markers {#sec-5-aac-39.291 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.291}

The department may post a boundary described in regulation by an appropriate marker. The marker must be placed as close as possible to the location specified in the applicable regulation. Where markers have been lost or destroyed, the boundary is as specified in the applicable regulation.

History

Authority: AS 16.05.251
Eff. 6/24/93, Register 126

5 AAC 39.292 Use of aircraft unlawful {#sec-5-aac-39.292 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.292}

Repealed 7/30/89.

Article 3 (Repealed)

Article 4 (Repealed)

5 AAC 39.410 Gear {#sec-5-aac-39.410 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.410}

Repealed 7/21/99.

Article 6 Shellfish Fishery

(B) the successful completion of at least one mathematics course; or

(2) a valid National Marine Fisheries Service observer certification; or

(3) other fisheries related education or work experience approved by the department.

(b) A crab or scallop onboard observer trainee must

(1) have the ability to use a radio for communications; and

(2) be physically able to carry out the duties of an observer and not be incapacitated by chronic or debilitating seasickness.

(c) Before an applicant may take the certification examination, the applicant must attend a training course approved by the department that provides instruction in the following subject areas:

(1) identification of the species and sex of all shellfish species commercially fished in waters under the jurisdiction of the state;

(2) how to accurately read a vernier caliper and properly measure shellfish species, and to use a fixed measuring gauge to determine legal size shellfish;

(3) organizational structure of the shellfish regulations in this title and ability to reference appropriate regulations as required;

(4) use of a radio for communications;

(5) identification of Pacific cod, halibut, sablefish, and other fish species commonly caught as bycatch;

(6) department sampling procedures;

(7) performance of observer duties similar to those performed while on board a vessel.

(d) In addition to the requirements in (a) of this section, to qualify as a scallop onboard observer trainee, an applicant must possess a valid department crab observer trainee permit or crab observer certification in good standing, except that, if an applicant with a valid department crab observer trainee permit or crab observer certification in good standing is unavailable, a valid National Marine Fisheries Service North Pacific Groundfish Observer Program certification may be substituted at the discretion of the department.

History

Authority: AS 16.05.251
Eff. 12/26/97, Register 144; am 7/21/99, Register 151; am 6/21/2020, Register 234; am 9/25/2022, Register 243; am 7/10/2025, Register 255

5 AAC 39.655 Season for octopi {#sec-5-aac-39.655 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.655}

Repealed 10/12/74.

5 AAC 39.660 Gear for octopi {#sec-5-aac-39.660 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.660}

Repealed 10/12/74.

5 AAC 39.670 Bering Sea/Aleutian Islands Individual Fishing Quota (IFQ) Crab Fisheries Management Plan {#sec-5-aac-39.670 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.670}

(a) This management plan applies to the management of the nine crab fisheries rationalized by the National Marine Fisheries Service (NMFS), including the Community Development Quota and the Adak community allocation, with management authority deferred to the Department of Fish and Game as referenced in the Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs.

(b) The following fisheries are covered under the management plan in this section:

(1) Bristol Bay red king crab (BBR);

(2) Aleutian Islands red king crab (west of 179° W. long.) (WAI);

(3) Aleutian Islands golden king crab (east of 174° W. long.) (EAG);

(4) Aleutian Islands golden king crab (west of 174° W. long.) (WAG);

(5) Saint Matthew Island Section blue king crab (SMB);

(6) Pribilof District red and blue king crab (PIK);

(7) Bering Sea snow crab (BSS);

(8) Bering Sea Tanner crab (east of 166° W. long.) (EBT);

(9) Bering Sea Tanner crab (west of 166° W. long.) (WBT).

(1) a vessel participating in an Individual Fishing Quota (IFQ), Community Development Quota (CDQ), or the Adak community allocation crab fishery must have on board the vessel an activated vessel monitoring system (VMS) approved by NMFS;

(2) a vessel operator who is registered for one of the fisheries listed in (b) of this section may

(A) authorize another vessel operator who is registered for the same fishery to operate crab pot gear registered to that vessel, except that in the WAG fishery as set out under (b)(4) of this section, a vessel operator may only authorize another vessel operator who is registered for the same fishery to operate crab pot gear registered to that vessel after the vessel has checked out of the fishery as set out under (3)(G) of this subsection; before a vessel operator may operate crab pot gear registered to another vessel, the registered operator of the pot gear must file a cooperative gear authorization form with the department authorizing other vessels to operate the crab pot gear;

(B) transfer gear operation rights and responsibilities to only one other vessel operator who is registered for that fishery and only under the following conditions:

(i) both the operator of the vessel relinquishing gear operation rights and responsibilities (relinquisher) and the vessel operator receiving those rights and responsibilities (recipient) must sign a gear operation transfer form or notify the department by electronic mail giving the effective date and time of the transfer and the number of pots being transferred;

(ii) the gear operation transfer form must also be signed by a department representative before the pot gear transfer is valid and a copy of the gear operation transfer form bearing the original signatures of both the relinquisher and recipient vessel operator must be received by the department within 30 days of the effective date of the department representative's signature; for the purposes of this subparagraph, the form must be submitted in person at the department's Dutch Harbor office, or by mail, or by facsimile; or both the relinquisher and the recipient shall notify the department by electronic mail, from the electronic mail address provided on the registration form, of the effective date and time of the transfer, and receive a reply electronic mail from the department validating the transfer within seven days of the effective date;

(iii) the transfer of gear operation rights and responsibilities must occur and be validated within 14 days of the relinquishing vessel being active in the registration area where the pot gear is located;

(iv) the pot gear transfer must include all of the pot gear registered to the relinquishing vessel and that vessel's pot gear may not be split among more than one recipient vessel;

(v) except as specified in (c)(2)(C) of this section, gear operation rights and responsibilities revert to the relinquisher at the regulatory closure of the fishery in which the gear is registered to operate;

(C) gear operation rights and responsibilities may be restored to the relinquishing vessel if the relinquisher and recipient notify the department as specified in (c)(2)(B) of this section;

(3) each crab pot deployed must bear the ADF&G number of the vessel that initially registers the crab pot, and if deployed in a fishery with a crab pot limit, each pot must bear a buoy tag registered to the vessel registering that pot; in addition,

(A) an active vessel may collectively operate and transport the crab pot gear of another registered and active vessel, except that in the WAG fisherv as set out under (b)(4) of this section an active vessel may only operate and transport the crab pot gear of another vessel that has checked out of the fishery as set out under (3)(G) of this subsection;

(B) when a vessel transports and deploys crab pot gear to the fishing grounds for another vessel, the vessel registered with the crab pot gear must be active in the registration area where the crab pot gear is deployed within seven days of the initial deployment;

(D) a vessel's crab pot gear may not be deployed unless the vessel is actively participating in harvesting the species in the applicable area, except for when a vessel has checked out of a fishery under 5 AAC 39.670(c)(3)(G) and has notified the department of its intent to deploy gear consistent with 5 AAC 39.670(c)(3)(E);

(E) for the purposes of this paragraph, a vessel is considered active in an area by becoming validly registered with the department and by VMS verification of the vessel in the registration area;

(F) a vessel that has completed fishing operations as specified in 5 AAC 39.675(b)(1) and (2) is not considered active in a registration area;

(G) a vessel operator who is registered for one of the fisheries listed in (b) of this section must check out with the department in Dutch Harbor or Kodiak by telephone, facsimile transmission, or electronic mail within 72 hours of operating the vessel's last pot in the registration area;

(4) no provision in this section allows an individual vessel operator to use a greater quantity of crab pot gear than otherwise authorized in the applicable provisions of 5 AAC 34 or 5 AAC 35;

(5) a vessel operator may harvest EBT and BBR, or WBT and BSS, or EBT and BSS, concurrently; as follows:

(A) a vessel operator participating in the BBR fishery may retain EBT as incidental harvest as specified in 5 AAC 35.506(i)(2);

(B) a vessel operator participating in the BSS fishery may retain WBT as incidental harvest as specified in 5 AAC 35.506(i)(1);

(C) a vessel operator participating in the WBT fishery may retain BSS as incidental harvest as specified in 5 AAC 35.506(j);

(D) a vessel operator participating in the BSS fishery may retain EBT as incidental harvest as specified in 5 AAC 35.506(i)(1);

(6) a vessel operator may have a species of king or Tanner crab from an IFQ fishery and king crab from an Adak community allocation fishery or a species of king or Tanner crab from a CDQ fishery on board the vessel at the same time; a vessel operator may not have a species of king or Tanner crab from an IFQ fishery and a species of king or Tanner crab from a non-CDQ or non-IFQ fishery on board the vessel at the same time;

(7) an operator of a vessel participating in an IFQ, CDQ, or Adak community allocation crab fishery in the Bering Sea/Aleutian Islands area must notify the United States Coast Guard at least 24 hours before departing port when carrying crab pot gear;

(8) in addition to the registration requirements specified in 5 AAC 34 and 5 AAC 35, a vessel owner, or owner's agent, shall provide satisfactory proof of a current valid United States Coast Guard Commercial Fisheries Vessel Safety Decal before a registration certificate is issued;

(9) the operator of a vessel designated at the time of registration to operate the crab pot gear of another vessel shall be considered the agent of the vessel registered to operate the crab pot gear.

History

Authority: AS 16.05.251
Eff. 8/14/2005, Register 175; am 8/28/2005, Register 175; am 9/12/2008, Register 187; am 6/27/2014, Register 210; am 8/27/2016, Register 219; am 7/22/2017, Register 223; am 6/21/2020, Register 234; am 7/10/2025, Register 255

5 AAC 39.675 Crab pot gear storage for Bering Sea/Aleutian Islands IFQ, CDQ, and Adak community allocation crab fisheries {#sec-5-aac-39.675 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.675}

(a) Notwithstanding any other provision of 5 AAC 34 - 5 AAC 35, king and Tanner crab pots may be stored outside of a designated storage area specified in 5 AAC 34.052 and 5 AAC 35.052 with all bait and bait containers removed and doors secured fully open for up to 14 days following the completion of fishing operations in a registration area. King and Tanner crab pots must be removed from the water or placed in long-term storage if left unattended for 14 days or longer. A vessel's registration is invalid after 14 days of inactivity in a registration area.

(b) For the purposes of this section, a vessel is considered to have completed fishing operations if the

(1) vessel operator contacts the department in Dutch Harbor to invalidate the vessel registration for that species and registration area within 72 hours of operating the last pot gear in the registration area;

(2) pot gear belonging to that vessel is removed from the water, placed into long-term storage, or is transferred to a recipient vessel as specified in 5 AAC 39.670(c)(2).

History

Authority: AS 16.05.251
Eff. 8/14/2005, Register 175; am 9/12/2008, Register 187

5 AAC 39.680 Permit for oysters {#sec-5-aac-39.680 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.680}

Repealed 10/12/74.

5 AAC 39.685 Operation of other gear for Bering Sea/Aleutian Islands IFQ crab fisheries {#sec-5-aac-39.685 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.685}

Persons and vessels participating in the Bering Sealeutian Islands IFQ crab fisheries are exempt from the requirements specified in 5 AAC 34.053(1), 5 AAC 35.053(1), and 5 AAC 34.628.

History

Authority: AS 16.05.251
Eff. 8/14/2005, Register 175

5 AAC 39.690 Bering Sea/Aleutian Islands King and Tanner Crab Community Development Quota (CDQ) Fisheries Management Plan {#sec-5-aac-39.690 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.690}

(a) Male red, blue, and golden king crab and male Tanner crab may be taken in a Bering Sea/Aleutian Islands CDQ fishery only under the conditions of a permit issued by the commissioner. In Registration Area O, west of 174° W. long., male golden king crab may only be taken under the conditions of a permit issued by the commissioner for the community of Adak. The community of Adak golden king crab allocation will be managed under the CDQ regulations specified in this section. Female crab of these species may not be taken.

(b) In the Bering Sea/Aleutian Islands CDQ fishery,

(1) male golden king crab may only be taken in Registration Area O as described in 5 AAC 34.600 and male red king crab may only be taken in that portion of Registration Area O west of 179° W. long. as described in 5 AAC 34.600;

(2) male red king crab may be taken only in Registration Area T as described in 5 AAC 34.800, and male red and blue king crab may be taken only in Registration Area Q as described in 5 AAC 34.900; and

(3) male Tanner crab may be taken only in the Bering Sea District of Registration Area J as described in 5 AAC 35.505(e).

(d) Unless otherwise specified in a permit issued under (e) of this section, an operator of a vessel fishing CDQ crab allocations shall comply with all regulations in 5 AAC 34, 5 AAC 35, and 5 AAC 39 that are applicable to the area and species of crab being fished.

(e) In the permit required in (a) of this section the commissioner may, as the commissioner determines it necessary for the conservation and management of the resource,

(1) specify the species of king or Tanner crab that may be taken;

(2) specify an area or areas open to CDQ fishing operations;

(3) specify registration requirements;

(4) specify fishing periods;

(5) specify gear requirements, including the numbers of pots;

(6) designate the poundage of the federal CDQ allocation of a species of king or Tanner crab that may be taken by a CDQ group in a registration area or portion of a registration area as follows:

(A) a CDQ fishery allocation is specified in the federal Fishery Management Plan for Bering Sea/Aleutian Islands king and Tanner crab;

(B) in the Norton Sound Section, the department shall calculate a CDQ fishery allocation, in pounds, based on the percentage of the total anticipated harvest for the commercial fishery and the CDQ fishery, combined;

(C) the department shall calculate the poundage of king or Tanner crab, as specified in the federal CDQ allocation determination that may be taken by each CDQ group;

(D) a person operating a vessel in a CDQ fishery may not exceed the CDQ group allocation specified in this paragraph; a CDQ group that retains crab in excess of the CDQ group allocation may have quota voluntarily transferred to that CDQ group from another eligible CDQ group with excess quota no later than June 30 of the current allocation year; if a CDQ group is unable to obtain quota for the excess crab, the crab shall be weighed, sold, and reported on an ADF&G fish ticket and all proceeds from the sale of CDQ crab in excess of the group allocation shall be surrendered to the state;

(7) except in the Norton Sound Section, a CDQ fishery for a king or Tanner crab species will open and close concurrent with the IFQ fishery for that species of king or Tanner crab;

(8) require onboard observers during fishing operations;

(9) require the operator of a vessel fishing CDQ crab allocations to notify the department of fishing time, delivery time, and delivery destination;

(10) establish reporting requirements;

(11) require logbooks;

(12) establish times and areas allowed for placement and removal of gear;

(13) establish times, areas, and conditions allowed for storage of gear;

(14) set out other conditions deemed necessary by the commissioner.

(f) A permit issued under (e) of this section will be considered the registration required by 5 AAC 34.020 or 5 AAC 35.020.

(g) Notwithstanding 5 AAC 34.005 and 5 AAC 35.005, participation by a CDQ permit holder in an exclusive or superexclusive king or Tanner crab fishery does not preclude a vessel or permit holder from participation in a CDQ crab fishery.

(h) Notwithstanding 5 AAC 34.005 and 5 AAC 35.005, participation by a CDQ permit holder in a CDQ king or Tanner crab fishery does not preclude a vessel or permit holder from participation in an exclusive or superexclusive crab fishery.

(i) Except in the Norton Sound Section, a vessel participating in a CDQ crab fishery must have on board the vessel an activated vessel monitoring system (VMS) approved by the National Marine Fisheries Service.

History

Authority: AS 16.05.251
Eff. 9/12/97, Register 143; am 8/8/99, Register 151; am 8/24/2002, Register 163; am 8/14/2005, Register 175; am 7/1/2006, Register 178; am 9/12/2008, Register 187

5 AAC 39.695 American Fisheries Act (AFA) Bering Sea and Bristol Bay Crab Fisheries Management Plan {#sec-5-aac-39.695 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.695}

Repealed.

History

Eff. 8/31/2000, Register 155; am 8/24/2002, Register 163; repealed 8/14/2005, Register 175

Article 7 Commercial Freshwater Fishery

5 AAC 39.734 Identification of gear {#sec-5-aac-39.734 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.734}

All freshwater fishing gear, while in operation, must be plainly and legibly marked with the operator's name and permanent vessel license plate number of the vessel fishing the gear or the fishing permit number assigned by the department.

History

Authority: AS 16.05.251(a)

5 AAC 39.780 Permit required {#sec-5-aac-39.780 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.780}

(a) Whitefish, sheefish, char, trout, pike, burbot and lamprey in fresh and salt water may be taken or purchased under the authority of a permit issued by the commissioner or the commissioner's designee. Smelt may only be taken by, or purchased from, a person who meets the requirements of AS 16.05.660 and only under the authority of a permit issued by the commissioner or the commissioner's designee.

(b) The permit may be issued to either the fisherman or the buyer.

(c) These species, when taken incidentally in conjunction with commercial salmon fishing, are legally taken and possessed without a permit, unless otherwise provided in this title.

(d) The following stipulations apply to both the permit holder or buyer and to fishermen selling their catch to the buyer:

(1) the time and area of fishing and type and amount of fishing gear may be designated;

(2) the species to be harvested may be designated and the number of fish may be limited.

History

Authority: AS 16.05.251

Article 9 Definitions; Miscellaneous

5 AAC 39.975 Definitions {#sec-5-aac-39.975 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.975}

(a) In 5 AAC 01 - 5 AAC 39,

(1) "alien" means a person who is not a citizen of the United States, and who does not have a petition for naturalization pending before the district court;

(2) "bag limit" means the maximum legal take per person per day, even if part or all of the fish are preserved;

(3) "buyer" means a person who purchases fish from the fishermen who caught the fish or who, for commercial purposes, processes fish he has caught himself;

(4) "depth of net" means the perpendicular distance between cork line and lead line expressed as either linear units of measure or as a number of meshes, including all of the web of which the net is composed;

(5) repealed 2/18/73;

(6) "gear" means any type of fishing apparatus;

(7) "inclusive season dates" means whenever the doing of an act between certain dates or from one date to another is allowed or prohibited, the period of time thereby indicated includes both dates specified; the first date specified designates the first day of the period, and the second date specified designates the last day of the period;

(8) "legal limit of fishing gear" means the maximum aggregate of a single type of fishing gear permitted to be used by one individual or boat, or combination of boats in any particular regulatory area, district or section;

(9) "local representative of the department" means the nearest, most accessible professional employee of the department, a person designated by the commissioner or by a professional employee of the department to perform a specific function for the department and a law enforcement officer of the Department of Public Safety;

(10) "salmon stream" means a stream used by salmon, at any stage of life, for spawning, rearing, presence, or migration;

(11) "stretched measure" means the average length of any series of 10 consecutive meshes measured from inside the first knot and including the last knot when wet; the 10 meshes, when being measured, shall be an integral part of the net, as hung, and measured perpendicular to the selvages; measurements shall be made by means of a metal tape measure while the 10 meshes being measured are suspended vertically from a single peg or nail, under five-pound weight, except as otherwise provided in this title;

(12) repealed 6/30/79;

(13) "waters of Alaska" means the internal waters of the state including rivers, streams, lakes and ponds, the tidal zone of the state from mean higher high water to mean lower low water, and those waters extending three miles seaward of a line (the baseline) between the following points:

(A) Southeastern and Yakutat Areas:

100 southernmost tip Cape Muzon, Dall Island;

101 westernmost tip unnamed point, Dall Island (54° 39.87' N. lat., 132° 43.53' W. long.);

102 westernmost tip Wolk Point, Dall Island;

103 southernmost tip Liscome Point, Dall Island;

104 westernmost tip Point Cornwallis, Dall Island;

105 westernmost tip Security Point, Dall Island;

106 westernmost tip Parrot Point, Dall Island;

107 westernmost tip Point Bazan, Dall Island;

108 westernmost tip of westernmost unnamed island west of Dolgoi Island (54° 49.33' N. lat., 133° 00.40' W. long.);

109 westernmost tip Ritter Point, Dall Island;

110 westernmost tip Rockwell Point, Dall Island;

111 westernmost tip Cape Augustine, Dall Island;

112 westernmost tip Sakie Point, Dall Island;

113 southernmost tip Cape Felix, Suemez Island;

114 southernmost tip of southernmost island off Cape Bartolome, Baker Island;

115 westernmost tip Cape Chirikof, Baker Island;

116 southernmost tip Cape Addington, Noyes Island;

117 westernmost tip of the southernmost island of the Hazy Islands;

118 westernmost tip of the westernmost island of the Hazy Islands;

119 southernmost tip Cape Ommaney, Baranof Island;

120 southernmost tip Eagle Rocks, Baranof Island;

121 westernmost tip Puffin Point, Baranof Island;

122 westernmost tip Sea Lion Rocks;

123 56° 19.50' N. lat., 134° 54' W. long., Baranof Island;

124 westernmost tip First Kekur Island;

125 westernmost tip Second Kekur Island;

126 westernmost tip North Cape, Baranof Islands;

127 westernmost tip John Rock;

128 westernmost tip Jacob Rock;

129 westernmost tip Kaiuchali Island;

130 westernmost tip Cape Edgecumbe, Kruzof Island;

131 westernmost tip Pt. Amelia, Kruzof Island;

132 westernmost tip Sealion Islands;

133 westernmost tip Eagle Rock;

134 westernmost tip Klokachef Point, Klokachef Island;

135 westernmost tip Black Island;

136 westernmost tip Cape Edward;

137 westernmost tip Urey Rocks;

138 westernmost tip of westernmost rock off Cape Cross, Yakobi Island (57° 54.67' N. lat., 136° 34.33' W. long.);

139 westernmost tip Yakobi Rock (off Cape Bingham, Yakobi Island);

140 westernmost tip Zip Rock (off Cape Spencer);

141 westernmost tip Graves Rocks;

142 westernmost tip Sugarloaf Island;

143 westernmost tip Astrolabe Rocks;

144 southernmost tip Icy Point;

145 westernmost tip Harbor Point;

146 westernmost tip La Chaussee Spit;

147 westernmost tip Cape Fairweather;

148 easternmost tip of the west side of the entrance to Dry Bay;

149 southernmost tip at the mouth of Dangerous River;

150 westernmost tip Ocean Cape;

151 easternmost tip Point Manby;

152 southernmost tip Sitkagai Bluffs;

153 southernmost tip Point Riou;

154 southernmost tip Icy Cape;

155 southernmost tip Cape Yakataga;

200 southernmost tip Cape Suckling;

(B) Prince William Sound and Cook Inlet Areas:

200 southernmost tip Cape Suckling;

201 easternmost tip Pinnacle Rock (off Cape St. Elias, Kayak Island);

202 southernmost tip Hook Point, Hinchinbrook Island;

203 southernmost tip Cape Hinchinbrook, Hinchinbrook Island;

204 easternmost tip Montague Island;

205 easternmost tip Box Point, Montague Island;

206 easternmost tip Wooded Islands;

207 southernmost tip, Wooded Islands;

208 southernmost tip Jeanie Point, Montague Island;

209 southernmost tip Cape Cleare, Montague Island;

210 southernmost tip Point Elrington, Elrington Island;

211 southernmost tip Cape Puget;

212 southernmost tip Cape Junken;

213 southernmost tip Cape Fairfield;

214 southernmost tip Barwell Island (off Cape Resurrection);

215 easternmost tip Pilot Rock;

216 easternmost tip Chiswell Island;

217 southernmost tip Seal Rocks;

218 southernmost tip unnamed cape south of Black Mountain (Black Bay) (59° 27.20' N. lat., 150° 14' W. long.);

219 easternmost tip Hoof Point, Ragged Island;

220 easternmost tip Outer Island, Pye Islands;

221 southernmost tip of southernmost island off Outer Island;

222 southernmost tip Nuka Rock (south of Nuka Point, Nuka Island);

223 southernmost tip Gore Point;

224 southernmost tip East Chugach Island;

225 southernmost tip Perl Rock (off Perl Island, Chugach Islands);

300 easternmost tip East Amatuli Island, Barren Islands;

301 easternmost tip Point Banks, Shuyak Island;

302 northernmost tip Tonki Cape, Afognak Island;

303 northernmost tip Cape St. Hermogenes, Marmot Island;

304 along the seaward coast of Marmot Island southernmost tip of Marmot Cape;

305 southernmost tip Pillar Cape, Afognak Island;

306 easternmost tip East Cape, Spruce Island;

307 northernmost tip Kodiak Rock (off Long Island);

308 easternmost tip Cape Chiniak, Kodiak Island;

309 easternmost tip Cape Greville Kodiak Island;

310 easternmost tip Ugak Island;

311 along the coast to the southernmost tip of Ugak Island;

312 southernmost tip Dangerous Cape, Kodiak Island;

313 easternmost tip Cape Barnabas, Sitkalidak Island;

314 easternmost tip Black Point, Sitkalidak Island;

315 easternmost tip Twoheaded Island;

316 easternmost tip Geese Islands;

317 easternmost tip Cape Sitkinak, Sitkinak Island;

318 along the coast to the southernmost tip of Sitkinak Island;

319 southernmost tip Tugidak Island;

320 along the west coast to the northernmost tip of Tugidak Island;

321 southernmost tip Cape Alitak, Kodiak Island;

322 westernmost tip Low Cape, Kodiak Island;

323 westernmost tip Cape Ikolik, Kodiak Island;

324 easternmost tip Kilokak Rocks (off Alaska Peninsula);

325 easternmost tip Ashiiak Island;

326 easternmost tip Poltava Island;

327 easternmost tip Navy Island (off Cape Providence);

328 easternmost tip Aiugnak Columns;

329 easternmost tip Ugaiushak Island;

330 easternmost tip Hydra Island;

331 easternmost tip Foggy Cape, Sutwik Island;

332 around the south coast of Sutwik Island via the southernmost offcoast islets to the westernmost tip of Sutwik Island;

333 southernmost tip Cape Kumlik;

334 easternmost tip Unavikshak Island;

335 southernmost tip Atkulik Island;

336 easternmost tip Kak Island;

337 easternmost tip Castle Cape (Tuliumnit Point);

338 easternmost tip Chankliut Island;

339 along seaward coast to southernmost tip Chankliut Island;

340 southernmost tip Seal Cape;

341 easternmost tip Mitrofania Island;

342 southernmost tip Spitz Island;

343 southernmost tip Chiachi Island;

344 easternmost tip Kupreanof Point;

345 easternmost tip Castle Rock;

346 easternmost tip Atkins Island;

347 easternmost tip Simeonof Island;

348 along the seaward coast of Simeonof Island to the southern- most tip;

349 easternmost tip of the unnamed island off the southern coast of Simeonof Island;

350 easternmost tip Chernabura Island;

351 along the coast to southernmost tip of Point Farewell, Chernabura Island;

352 southernmost tip Point Welcome, Bird Island;

353 southernmost tip Mountain Cape, Nagai Island;

354 westernmost tip Sealion Rocks;

355 southernmost tip Acheredin Point, Unga Island;

356 southernmost tip of Kennoys Island;

357 easternmost tip East Rock;

358 easternmost tip Olga Rock;

359 easternmost tip Pinnacle Rock;

360 easternmost tip Hay Island;

361 easternmost tip Hague Rock;

362 easternmost tip Lookout Point, Caton Island, Sanak Islands;

363 along the coast to southernmost tip Caton Island;

364 southernmost tip Umla Island;

365 southernmost tip Telemitz Island;

366 southernmost tip Dora Island;

367 easternmost tip Seal Rock;

368 southernmost tip Haystack Rock;

369 southernmost tip South Rock;

370 southernmost tip Sisters Island;

371 easternmost tip Clifford Island;

372 along the coast of Clifford Island and Long Island to the westernmost tip of the westernmost Trinity Island;

373 westernmost tip Point Petrof, Sanak Island;

374 southernmost tip Cape Lutke, Unimak Island;

375 along the coast to the southernmost tip of Scotch Cap, Unimak Island;

376 easternmost tip Ugamak Island;

377 easternmost tip Round Island;

378 easternmost tip Aiktak Island;

379 easternmost tip Kaligagan Island;

380 easternmost tip Tigalda Island;

381 along the coast of Tigalda Island to Derbin Island;

382 southernmost tip Avatanak Point, Avatanak Island;

383 easternmost tip Rootok Island;

384 along the coast to southernmost tip Rootok Island;

385 southernmost tip Battery Point, Akutan Island;

386 easternmost tip Unalga Island;

387 easternmost tip Egg Island off Sedanka Island;

388 easternmost tip Outer Signal (island);

389 easternmost tip Inner Signal (island);

390 southernmost tip Sedanka Island;

391 easternmost tip Kayak Cape, Unalaska Island;

392 easternmost tip Cape Yanaliuk, Unalaska Island;

393 easternmost tip Whalebone Cape, Unalaska Island;

394 southernmost tip Cape Prominence, Unalaska Island;

395 southernmost tip Reef Point, Unalaska Island;

396 southernmost tip Ogangen Island off Unalaska Island;

397 southernmost tip Eagle Point, Unalaska Island;

398 southernmost tip Cape Aiak, Unalaska Island;

399 southernmost tip South Rock off Cape Izigan, Unalaska Island;

400 southernmost tip Emerald Island off Konets Head, Unalaska Island;

401 easternmost tip Kettle Cape, Umnak Island;

402 easternmost tip The Pillars (off Thumb Point, Umnak Island);

403 easternmost tip Kigul Island;

404 easternmost tip Ogchul Island;

405 easternmost tip Vsevidof Island;

406 easternmost tip Black Cape, Umnak Island;

407 easternmost tip Cape Udak, Umnak Island;

408 easternmost tip Breadloaf Island;

409 easternmost tip Samalga Island;

410 along the coast to westernmost tip of Samalga Island;

411 southernmost tip Concord Point, Chuginadak Island;

412 southernmost tip unnamed point south of Mt. Cleaveland, Chuginadak Island (52° 48.75' N. lat., 169° 57.50' W. long.);

413 southernmost tip Herbert Island;

414 southernmost tip Yunaska Island;

415 southernmost tip Amutka Island;

416 along the south and west coast to northernmost tip of Amutka Island;

417 northernmost tip Chagulak Island;

418 northernmost tip of Yunaska Island;

419 northernmost tip Herbert Island;

420 westernmost tip of Carlisle Island;

421 along the coast to the northernmost tip of Carlisle Island;

422 westernmost tip Uliaga Island;

423 along northern coast to easternmost tip of Uliaga Island;

424 northernmost tip of Kagamil Island;

425 northernmost tip Anangula Island (off Okee Point, Umnak Island);

426 northernmost tip Ananiuliak Island;

427 northernmost tip Okee Point, Umnak Island;

428 westernmost tip Cape Kigushimkada, Umnak Island;

429 along the coast to westernmost tip of Kshaliuk Point;

430 northernmost tip Cape Ilmalianuk, Umnak Island;

431 westernmost tip Cape Aslik, Umnak Island;

432 along the coast to northernmost tip of Ashishik Point;

433 northernmost tip Cape Tanak, Umnak Island;

434 northernmost tip Cape Idak, Umnak Island;

435 westernmost tip Chernofski Point, Unalaska Island;

436 northernmost tip Cape Aspid, Unalaska Island;

437 westernmost tip of westernmost unnamed island off Sedanka Point, Unalaska (53° 27.05' N. lat., 167° 20' W. long.);

438 westernmost tip Kashega Point, Unalaska Island;

439 westernmost tip Spray Cape, Unalaska Island;

440 westernmost tip Cape Starichkof, Unalaska Island;

441 southernmost tip of Cape Kovrizhka, Unalaska Island;

442 along the coast to the northernmost tip of Cape Kovrizhka;

443 westernmost tip Point Kadin, Unalaska Island;

444 northernmost tip Koriga Point, Unalaska Island;

445 northernmost tip Bishop Point, Unalaska Island;

446 northernmost tip Point Tebenkof, Unalaska Island;

447 northernmost tip Cape Wislow, Unalaska Island;

448 northernmost tip Cape Cheerful, Unalaska Island;

449 northernmost tip Priest Rock (off Cape Kalekta, Unalaska Island);

450 westernmost tip Reef Point, Akutan Island;

451 westernmost tip Lava Point, Akutan Island;

452 northernmost tip North Head, Akutan Island;

453 northernmost tip Akun Head, Akun Island;

454 westernmost tip Cape Sarichef, Unimak Island;

455 northernmost tip Raven Point, Unimak Island;

456 northernmost tip Oksenof Point, Unimak Island;

457 northernmost tip Cape Mordvinof, Unimak Island;

458 northernmost tip Cape Lapin, Unimak Island;

459 northernmost tip of unnamed point, Unimak Island (55° N. lat., 163° 54' W. long.);

460 northernmost tip Otter Point, Unimak Island;

461 northernmost tip Cape Krenitzin;

462 along the north coast of the Alaska Peninsula to northernmost tip of Cape Glazenap;

463 along the coast and across the entrances between the Kudia- kof Islands and the northernmost tip of Moffet Point;

464 along the north coast of the Alaska Peninsula to easternmost tip of Lagoon Point;

465 northernmost tip Cape Kutuzof;

500 along the north coast of the Alaska Peninsula including the outer coast of all barrier islands, to the westernmost tip of Cape Menshikof;

(D) Bristol Bay Area:

500 westernmost tip of Cape Menshikof;

501 southernmost tip of Pyrite Point;

502 along the coast to the westernmost tip of Cape Peirce;

600 westernmost tip of Cape Newenham;

(E) Kuskokwim, Yukon, Norton Sound-Point Clarence, and Arctic-Kotzebue Areas:

600 westernmost tip Cape Newenham;

601 southernmost tip Kwigluk Island;

602 southernmost tip Pingurbek Island;

603 westernmost tip Kikegtek Island;

604 westernmost tip Cape Vancouver;

605 southernmost tip Dall Point;

606 along the coast and across all entrances, to the westernmost tip of Cape Romanzof;

607 westernmost tip Cape Rodney;

608 westernmost tip of Point Spencer Spit;

609 southernmost tip Cape York;

610 westernmost tip Cape Prince of Wales;

611 along coast of all barrier islands to Northwest Corner light;

612 westernmost tip Cape Krusenstern;

613 along the coast to the westernmost tip of Point Hope;

614 westernmost tip Cape Lisburne;

615 along the coast of all barrier islands and across all entrances to the northernmost tip of Point Barrow;

616 along the coast of all barrier islands and across all entrances to the easternmost tip of Cape Simpson;

617 northernmost tip Pitt Point;

618 along the coast to easternmost tip of Cape Halkett;

619 easternmost tip Thetis Island, Jones Islands;

620 along the coast of all barrier islands and across all entrances, through the Jones Islands to the northernmost tip Long Island;

621 northernmost tip Reindeer Island, Midway Islands;

622 northernmost tip Cross Island;

623 westernmost tip Flaxman Island;

624 along the north coast of Flaxman Island and across all entrances to the northernmost tip Brownlow Point;

625 along the coast of all barrier islands and across all entrances to the easternmost tip Konganevik Point;

626 northernmost tip Anderson Point;

627 northernmost tip Arey Island;

628 northernmost tip Barter Island;

629 northernmost tip Bernard Spit;

630 along the coast of all barrier islands and across all entrances to the northernmost tip Griffen Point;

631 northernmost tip along the coast to Humphrey Point;

632 across the entrances and along coast of all barrier islands, to the northernmost tip Demarcation Point;

700 along the coast to the United States-Canada Boundary;

(F) and extending three miles seaward of all islands not enclosed by the above line;

(14) "salmon stream terminus" means a line drawn between the seaward extremities of the exposed tideland banks of any salmon stream at mean lower low water;

(15) repealed 8/14/70;

(16) "ton" means 2,000 pounds avoirdupois weight;

(17) "king crab" means any or all of the following species:

(A) Paralithodes camtschaticus (red king crab);

(B) Paralithodes platypus (blue king crab);

(D) Lithodes aequispinus (golden king crab);

(E) Paralithodes brevipes (Hanasaki king crab);

(18) "Tanner crab" means any or all of the following species:

(A) Chionoecetes opilio (snow crab);

(B) Chionoecetes tanneri (grooved Tanner crab);

(D) Chionoecetes angulatus (triangle Tanner crab);

(19) "Dungeness crab" means the species Metacarcinus magister;

(20) "household" means a person or persons having the same residence;

(21) "groundfish" or "bottomfish" means any marine finfish except halibut, osmerids, herring, and salmonids;

(22) "to operate fishing gear" means

(A) the deployment of gear or to have gear deployed in the waters of Alaska;

(B) the removal of gear from the waters of Alaska;

(D) possession of a gillnet containing fish during an open fishing period, except that a net which is completely clear of the water is not considered to be operating for the purpose of minimum distance requirements;

(23) "possession limit" means the maximum number of fish a person may have in his possession if the fish have not been canned, salted, frozen, smoked, dried or otherwise preserved so as to be fit for human consumption after a 15-day period;

(24) "hung measure" means the maximum length of the cork line when measured wet or dry with traction applied at one end only;

(25) "drainage" means all of the waters comprising a watershed, including tributary rivers, streams, sloughs, ponds and lakes which contribute to the supply of the watershed;

(26) "fresh water of streams and rivers" means fresh water separated from salt water at the mouth of streams and rivers by a line drawn between the seaward extremities of the exposed tideland banks at the present stage of the tide;

(27) "guideline harvest level" means the preseason estimated level of allowable fish harvest which will not jeopardize the sustained yield of the fish stocks; an area, district, section or portion thereof may close to fishing before or after the guideline harvest level has been reached if principles of management and conservation dictate such action;

(28) "peace officer of the state" means a person defined in AS 16.05.150;

(29) "processing" means completion of

(A) cooking;

(B) canning;

(D) salting, which means uniformly mixing with a minimum salting level of at least 20 percent of the weight of the fish resources;

(E) drying; or

(F) freezing, which means to congeal and solidify the flesh of fish by abstraction of heat;

(30) "domicile" means the same as in AS 16.05.940; evidence of a person's domicile may include, but is not limited to, the following:

(A) statements made to obtain a license to drive, hunt, fish, or engage in an activity regulated by a government entity;

(B) affidavit of the person, or of other persons who may know of that person's domicile;

(D) location of residences owned, rented, or leased;

(E) location of storage of household goods;

(F) location of business owned or operated;

(G) residence of spouse and minor children or dependents;

(H) governments to which taxes are paid;

(I) whether the person has claimed residence in another location for the purpose of obtaining benefits provided by the governments in that location;

(31) "fishing site" means a structure or vessel used by a CFEC permit holder for providing shelter in support of the operation of stationary net gear;

(32) "net gear site" means the in-water location of stationary net gear;

(33) "seine vessel" means the largest vessel, as determined by keel length, used to operate a seine and the vessel from which the seine is set, and to which the seine is retrieved to;

(34) "demersal shelf rockfish" means any or all of the following Sebastes species:

(A) repealed 4/30/91;

(B) S. pinniger (Canary);

(D) S. caurinus (Copper);

(E) S. maliger (Quilback);

(F) repealed 4/30/91;

(G) S. helvomaculatus (Rosethorn);

(H) repealed 4/30/91;

(I) S. nigrocinctus (Tiger);

(J) S. ruberrimus (Yelloweye);

(K) repealed 4/4/97;

(35) "onboard observer" means a representative of the Departments of Fish and Game or Public Safety who

(A) is certified by the Department of Fish and Game as having completed minimum training requirements;

(B) is living on board a fishing or processing vessel for all or part of the period the vessel is at sea; and

(36) "rockfish" means all species of the genus Sebastes;

(37) "pelagic shelf rockfish" means any or all of the following Sebastes species:

(A) S. ciliatus (Dark);

(B) S. entomelas (Widow);

(D) S. melanops (Black);

(E) S. diaconus (Deacon);

(F) S. variabilis (Dusky);

(38) "slope rockfish" means any species of the genus Sebastes not specified as either demersal shelf rockfish or pelagic shelf rockfish;

(39) "thornyhead rockfish" or "idiot rockfish" means all species of the genus Sebastolobus;

(40) "weathervane scallop" means the species Patinopecten caurinus;

(41) "mile" means

(A) a nautical mile when used in reference to marine waters; or

(B) a statute mile when used in reference to fresh water;

(42) "miscellaneous shellfish" means all shellfish and marine invertebrates, except shrimp, and king, Tanner, and Dungeness crab;

(43) "total allowable catch" or "TAC" means the annual harvest quota or the retainable catch allowed for a species or species group;

(44) "individual fishing quota" or "IFQ" means the annual allocation of pounds for harvest that represents a quota share holder's percentage of the total allowable catch;

(45) "handicraft" means a finished product in which the shape or appearance of the natural material has been substantially changed by skillful use of the hands, such as by sewing, carving, etching, scrimshawing, painting, or other means, and which has substantially greater monetary and aesthetic value than the unaltered natural material alone.

(b) Beginning April 15, 2017, in AS 16.05.835, "anchor roller" means a device used solely in aid of deploying and retrieving anchor gear and does not provide any additional flotation, planing surface, sea keeping ability, buoyancy, deck space, or structural support to the vessel.

History

Authority: AS 16.05.251; AS 16.05.835

5 AAC 39.995 Water depth {#sec-5-aac-39.995 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.995}

Unless otherwise specified, water depths in 5 AAC 01 - 5 AAC 39 are to be measured from mean lower low water.

History

Authority: AS 16.05.251
Eff. 7/23/88, Register 107

5 AAC 39.997 Abbreviations and symbols {#sec-5-aac-39.997 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.997}

(a) The abbreviations a.m. and p.m. indicate antemeridian and postmeridian respectively for either Standard Time or Daylight Saving Time in conformance with the official time in use for Alaska.

(b) The symbols °, ¢, ¢¢, indicate degrees, minutes, and seconds, respectively, of longitude or latitude, based upon the World Geodetic System 1984.

(d) E. indicates east, N. indicates north, W. indicates west, and S. indicates south. All bearings and directions shall be construed to be true bearings and true directions.

(e) ADF&G is the abbreviation for Alaska Department of Fish and Game.

(f) CFEC is the abbreviation for the Commercial Fisheries Entry Commission.

History

Authority: AS 16.05.251

5 AAC 39.998 Petition policy for Category 2 management measures in a Bering Sea/Aleutian Islands king or Tanner crab fishery {#sec-5-aac-39.998 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.998}

The Board of Fisheries recognizes that in rare instances, circumstances may require regulatory changes outside the process described in 5 AAC 96.625(b) - (d). Notwithstanding 5 AAC 96.625(f), a petition for a regulatory change may be submitted under this section and 5 AAC 96.625(a) for a Category 2 management measure in a Bering Sea/Aleutian Islands king or Tanner crab fishery described in the federal Fishery Management Plan (FMP) for the Commercial King and Tanner Crab Fisheries in the Bering Sea/Aleutian Islands dated January 24, 1989. It is the policy of the Board of Fisheries that a petition submitted under this section will be denied and not scheduled for hearing unless the petition

(1) addresses a Category 2 management measure and is filed within 30 days from the date that the board adopted that Category 2 management measure;

(2) presents an issue that is not solely allocative; and

(3) presents new legal, biological, or management information that indicates the regulation may not be consistent with the federal FMP.

History

Authority: AS 16.05.251
Eff. 6/2/95, Register 134

5 AAC 39.999 Policy for changing board agenda {#sec-5-aac-39.999 omnilex-key=us-ak-regs-official--title-5--5 AAC 39.999}

(a) The Board of Fisheries (board) will, in its discretion, change its schedule for consideration of a proposed regulatory change in response to an agenda change request, submitted on a form provided by the board, in accordance with the following guidelines:

(1) the board will accept an agenda change request only

(A) for a fishery conservation purpose or reason;

(B) to correct an error in a regulation; or

(2) the board will not accept an agenda change request that is predominantly allocative in nature in the absence of new information that is found by the board to be compelling;

(3) the board will consider an agenda change request only at its first meeting in the fall; a request must be received by the executive director of the board at least 60 days before the first meeting in the fall.

(b) The board will, in its discretion, change its schedule for consideration of proposed regulatory changes as reasonably necessary for coordination of state regulatory actions with federal fishery agencies, programs, or laws.

(c) If the board accepts an agenda change request under this section, the executive director shall notify the public and the department of the change in the board's schedule and when the board will consider the proposed regulatory change requested.

History

Authority: AS 16.05.251; AS 16.05.300
Eff. 7/25/82, Register 83; am 1/12/92, Register 121; am 1/1/2000, Register 152; am 8/17/2000, Register 155; am 6/22/2001, Register 158; am 3/19/2014, Register 209

Chapter 40 Private Nonprofit Salmon and Shellfish Hatcheries

Article 1 General

5 AAC 40.005 General {#sec-5-aac-40.005 omnilex-key=us-ak-regs-official--title-5--5 AAC 40.005}

(a) The harvest of salmon and shellfish inhabiting the water of the state, regardless of whether the salmon or shellfish are naturally or artificially propagated, may only be conducted under regulations adopted by the Board of Fisheries or the commissioner.

(b) The harvest of salmon and shellfish produced by a private nonprofit hatchery is governed by the regulations adopted by the Board of Fisheries or the commissioner. The board may develop regulations after review of the harvest plans or other materials, information, or testimony presented by a regional association, hatchery operator, the Department of Commerce, Community, and Economic Development, the Department of Fish and Game, commercial fishermen, or an interested party.

(c) In an area where salmon hatchery returns enter a segregated location near the release site and can be harvested without significantly affecting wild stocks or a hatchery permit has been issued for shellfish enhancement, a special harvest area may be designated within the hatchery permit, by regulation adopted by the board, or by emergency order issued by the commissioner.

(d) A private nonprofit hatchery permit holder or a hatchery permit holder's agent, contractee, or employee may only harvest salmon or shellfish for the hatchery in the applicable special harvest area. Nothing in this subsection prohibits a special harvest area from being open to commercial, sport, or subsistence fishing or a combination thereof as provided in regulations adopted or an emergency order issued under this Title.

(e) Special harvest area boundaries set out in 5 AAC 40, or in a private nonprofit hatchery permit issued by the commissioner, may be altered by emergency order if necessary for proper management of natural or hatchery stocks.

(f) Hatchery permit holders, their agents, contractees, and employees shall comply with all terms and conditions of the hatchery permit, applicable regulations and orders, and any additional requirements imposed by the commissioner to implement this chapter.

(g) An agent, contractee, or employee of a hatchery permit holder may only harvest salmon or shellfish for the hatchery in a special harvest area if the agent, contractee, or employee possesses a written authorization from the hatchery permit holder and harvests the salmon or shellfish in accordance with the terms of the written authorization. The activities in the special harvest area of a person who is not a hatchery permit holder or an agent, contractee, or employee of the permit holder acting under the terms of a written authorization are governed by the regulations applicable to commercial, sport, personal use, and subsistence fishing.

(h) Private nonprofit salmon hatchery operators shall take all reasonable steps necessary to ensure that hatchery-produced salmon harvested in their designated special harvest area are surplus fish produced at that facility.

History

Authority: AS 16.05.050; AS 16.05.831; AS 16.12.010 AS 16.05.060; AS 16.10.420; AS 16.12.050 AS 16.05.251; AS 16.10.440

5 AAC 40.007 Gear and fishing periods {#sec-5-aac-40.007 omnilex-key=us-ak-regs-official--title-5--5 AAC 40.007}

(a) The commissioner may authorize legal gear for cost recovery either through the hatchery permit or by regulation.

(b) Fishing periods for each gear type may be modified by emergency order as needed to protect the public interest or wild stocks.

(c) The hatchery operator shall obtain the appropriate special harvest area entry permits from the Commercial Fisheries Entry Commission. The hatchery operator may also contract with licensed commercial fishermen to conduct the harvest.

(d) The commissioner may define a unit of gear to be used and under a special harvest area entry permit for that gear type.

History

Authority: AS 16.05.060; AS 16.05.251; AS 16.05.270

5 AAC 40.010 Modifications of applicable regulations {#sec-5-aac-40.010 omnilex-key=us-ak-regs-official--title-5--5 AAC 40.010}

(a) A hatchery permit holder shall, with respect to salmon or shellfish harvested by the permit holder or the permit holder's agent, contractee, or employee, comply with the applicable provisions of 5 AAC 39.130 as though that person is a purchaser of fish.

(b) A hatchery permit holder that harvests salmon within a special harvest area used as egg sources for broodstock, shall be exempted by the commissioner from the provisions of AS 16.05.831. The commissioner may condition the exemption on terms the commissioner considers necessary to carry out AS 16.05.831.

(d) A person who owns a commercial fishing vessel or that person's agent, when taking salmon or shellfish in a special harvest area under authorization from the hatchery permit holder and operating under a special harvest area entry permit, is exempt from the provisions of 5 AAC 39.120.

History

Authority: AS 16.05.050; AS 16.05.920; AS 16.12.030 AS 16.05.060; AS 16.10.420; AS 16.12.040 AS 16.05.251; AS 16.10.430; AS 16.12.050 AS 16.05.831; AS 16.10.440

5 AAC 40.015 Prohibitions {#sec-5-aac-40.015 omnilex-key=us-ak-regs-official--title-5--5 AAC 40.015}

It is unlawful for any person to violate the provisions of this chapter.

History

Authority: AS 16.05.050; AS 16.05.83116.10.440 AS 16.05.060; AS 16.05.920 AS 16.05.251; AS 16.10.420 -

Article 2 Special Harvest Areas

5 AAC 40.030 District 13: Sheldon Jackson Special Harvest Areas {#sec-5-aac-40.030 omnilex-key=us-ak-regs-official--title-5--5 AAC 40.030}

(a) There are established under the provisions of 5 AAC 40.005 the following Sheldon Jackson Special Harvest Areas:

(1) the Sheldon Jackson Hatchery Special Harvest Area for pink, chum, and king salmon consists of the waters of Crescent Bay and Eastern Anchorage enclosed by a line from the northernmost end of the John O'Connell Bridge at 57° 02.88' N. lat., 135° 20.35' W. long., to the southernmost end of the bridge at 57° 02.86' N. lat., 135° 20.57' W. long., to the northeasternmost tips of Aleutski Island at 57° 02.72' N. lat., 135° 20.36' W. long., Turning Island at 57° 02.61' N. lat., 135° 20.17' W. long., Kutkan Island at 57° 02.41' N. lat., 135° 19.65' W. long., and Morne Island at 57° 02.25' N. lat., 135° 19.30' W. long., to the Twin Islands Light at 57° 02.06' N. lat., 135° 18.80' W. long., to a point on the Baranof Island shore at 57° 02.68' N. lat., 135° 18.90' W. long., and will be open for harvest by the hatchery permit holder from 12:01 a.m. July 20 until 11:59 p.m. September 15;

(2) the Sheldon Jackson Hatchery Special Harvest Area for coho salmon consists of all waters enclosed by a line from the southeast corner of the Crescent Harbor breakwater at 57° 02.95' N. lat., 135° 19.50' W. long. to a point on the beach approximately 150 yards southeast of the hatchery stream outlet at 57° 02.92' N. lat., 135° 19.38' W. long., and will be open for harvest by the hatchery permit holder from 12:01 a.m. August 15 until 11:59 p.m. October 31.

(b) A hatchery permit holder harvesting salmon within the special harvest area is exempt from the provisions of 5 AAC 33.310.

(c) Notwithstanding 5 AAC 33.330, legal gear types for hatchery permit holders in the special harvest area are purse seine, beach seine, hand purse seine, drift gillnet with six inch or larger mesh, and troll gear.

History

Authority: AS 16.05.050; AS 16.05.251; AS 16.10.420 AS 16.05.060; AS 16.05.920; AS 16.10.440

5 AAC 40.032 District 11 and District 15: Douglas Island Pink and Chum (DIPAC) Special Harvest Area {#sec-5-aac-40.032 omnilex-key=us-ak-regs-official--title-5--5 AAC 40.032}

(a) The following special harvest areas are established for Douglas Island Pink and Chum (DIPAC):

(1) Gastineau Channel Special Harvest Area: the waters east of 134° 29.25' W. long. (near Salmon Creek) and west of 134° 17.38' W. long. (approximately one mile north of Dupont Dock);

(2) Amalga Harbor Special Harvest Area: the waters enclosed by a line from the Shrine of St. Terese to the southernmost tip of Bird Island to the northernmost tip of Gull Island to a point on the eastern mainland shore at 58° 30.80' N. lat.;

(3) Boat Harbor Special Harvest Area: the waters within one mile of the western shoreline of Lynn Canal south of 58° 40' N. lat. to a point 2.4 miles north of Point Whidbey at 58° 37.05' N. lat., including the waters inside Boat Harbor;

(4) Speel Arm Special Harvest Area: the waters of Speel Arm north of 58° 03.42' N. lat.

(b) A hatchery permit holder harvesting salmon within the special harvest area under the terms of the hatchery permit is exempt from the provisions of 5 AAC 33.310. The open fishing season within the DIPAC Gastineau Channel, Amalga Harbor, and Speel Arm Special Harvest Areas, for the hatchery permit holder is from June 1 through October 31. Additional fishing periods may be established by emergency order.

(c) Notwithstanding 5 AAC 33.330, legal gear types for the hatchery permit holder in a special harvest area are purse seine, hand purse seine, beach seine, fyke net, drift gillnet, set gillnet, and dip net, and troll gear.

History

Authority: AS 16.05.060; AS 16.05.251; AS 16.10.440

5 AAC 40.033 Douglas Island pink and chum Special Harvest Area - Sheep Creek {#sec-5-aac-40.033 omnilex-key=us-ak-regs-official--title-5--5 AAC 40.033}

Repealed.

History

Eff. 4/14/82, Register 82; am 9/22/84, Register 91; repealed 4/23/94, Register 130

5 AAC 40.035 Prince William Sound Aquaculture Corporation Special Harvest Area - San Juan {#sec-5-aac-40.035 omnilex-key=us-ak-regs-official--title-5--5 AAC 40.035}

Repealed.

5 AAC 40.037 Nerka Corporation Special Harvest Area - Perry Island {#sec-5-aac-40.037 omnilex-key=us-ak-regs-official--title-5--5 AAC 40.037}

(a) There is established the Nerka Corporation Special Harvest Area, consisting of all waters of South Bay, Perry Island, enclosed by a line from Meares Point Light on the west side of the bay easterly two nautical miles to an exposed reef and the north one-half mile to the east side of the bay.

(b) A hatchery permit holder harvesting salmon within the special harvest area is exempt from the provisions of 5 AAC 24.310 - 5 AAC 24.320 except as may be specifically provided by emergency order. The hatchery permit holder may harvest salmon within the special harvest area during periods opened and closed by emergency order.

(c) Notwithstanding 5 AAC 24.330, legal gear for the hatchery permit holder in the special harvest area is a set gillnet. However, if the commissioner and the permit holder determine that set gillnet gear is unsatisfactory, the commissioner may open the special harvest area for hatchery harvest with beach seine or purse seine.

History

Authority: AS 16.05.050; AS 16.05.251; AS 16.10.420 - AS 16.05.060; AS 16.05.92016.10.440

5 AAC 40.038 Solomon Gulch Special Harvest Area - Valdez {#sec-5-aac-40.038 omnilex-key=us-ak-regs-official--title-5--5 AAC 40.038}

Repealed.

History

Eff. 4/16/83, Register 86; repealed 5/22/94, Register 130

5 AAC 40.039 District 6: Burnett Inlet Special Harvest Area {#sec-5-aac-40.039 omnilex-key=us-ak-regs-official--title-5--5 AAC 40.039}

(a) There is established the Burnett Inlet Special Harvest Area, for the Southern Southeast Regional Aquaculture Association Burnett Inlet Hatchery, consisting of all waters of Burnett Inlet, Etolin Island, north of 56° 06.00' N. lat.

(b) A hatchery permit holder harvesting salmon within the special harvest area is exempt from the provisions of 5 AAC 33.310. Fishing periods for the hatchery permit holder will be opened and closed by emergency order by gear type.

(c) Notwithstanding 5 AAC 33.330, legal gear for the hatchery permit holder in the special harvest area are beach seine, purse seine, hand purse seine, and drift gillnet.

History

Authority: AS 16.05.050; AS 16.05.251; AS 16.10.420 AS 16.05.060; AS 16.05.920; AS 16.10.440

5 AAC 40.041 Herring Bay Special Harvest Area - Ketchikan {#sec-5-aac-40.041 omnilex-key=us-ak-regs-official--title-5--5 AAC 40.041}

(a) There is established a Herring Bay Special Harvest Area for the Southern Southeast Regional Aquaculture Association Whitman Lake Hatchery, consisting of the waters of Herring Creek and Cove bound by the hatchery water outlet and a line from a point of land on George Inlet at the east side of Lot 39, USS 3397, bearing 18° 12' to a point of land on the southern edge of Lot 91, USS 2403.

(b) A hatchery permit holder harvesting salmon within the special harvest area is exempt from the provisions of 5 AAC 33.310. The open fishing season within the Herring Bay Special Harvest Area for the hatchery permit holder is from June 1 through October 31. Additional fishing periods may be established by emergency order.

(c) Notwithstanding 5 AAC 33.330, legal gear for the hatchery permit holder in the special harvest area is beach seine, purse seine, and dip net. Gillnets may be used by the hatchery operator in the special harvest area for taking king and coho salmon broodstock.

(d) That portion of the special harvest area between the hatchery outlet and the terminus of Herring Creek may be closed to sport fishing. The remainder of the special harvest area may not be closed to sport fishing unless hatchery broodstock needs are jeopardized.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 6/28/81, Register 78; am 5/31/85, Register 94; am 2/16/2006, Register 177; am 7/13/2012, Register 203

5 AAC 40.042 Northern Southeast Regional Aquaculture Association Special Harvest Areas {#sec-5-aac-40.042 omnilex-key=us-ak-regs-official--title-5--5 AAC 40.042}

(a) The following special harvest areas are established for the Northern Southeast Regional Aquaculture Association:

(1) repealed 4/23/94;

(2) repealed 5/31/2009;

(3) Patterson Bay, for coho salmon: all waters of Patterson Bay north of 56° 34' N. lat.; fishing periods for the hatchery permit holder will be opened and closed by emergency order;

(4) Bear Cove, for king and coho salmon: the waters of Bear Cove and Silver Bay east of a line from 57° 00.63' N. lat., 135° 09.80' W. long., to 57° 00.75' N. lat., 135° 10.58' W. long., to 57° 01.07' N. lat., 135° 09.93' W. long. will be open for the hatchery permit holder from 12:01 a.m. May 10 until 11:59 p.m. October 31;

(5) Hidden Falls,

(A) for chum and king salmon: the waters of District 12 south of the latitude of South Point at 57° 16.28' N. lat., and north of 57° 06.76' N. lat., and west of a line from a point offshore at 57° 16.28' N. lat., 134° 48.00' W. long., to a point offshore at 57° 06.76' N. lat., 134° 43.00' W. long., excluding the waters of Kelp Bay, will be open for harvest by the hatchery permit holder from 12:01 a.m. June 1 until 11:59 p.m. August 15;

(B) for coho salmon: Kasnyku Bay west of a line from 57° 13.33' N. lat., 134° 50.93' W. long., to the easternmost tip of an unnamed island of Kasnyku Bay located at 57° 12.88' N. lat., 134° 51.48' W. long., and then due south to a point on the southern shore of Kasnyku Bay at 57° 12.64' N. lat., 134° 51.48' W. long., will be open for harvest by the hatchery permit holder from 12:01 a.m. August 1 until 11:59 p.m. October 31;

(6) Silver Bay, for chum salmon:

(A) will be open for harvest by the hatchery permit holder from 12:01 a.m. July 1 until 12:01 a.m. July 22 and from 12:01 a.m. the day before the coho salmon fishery is reopened in August, or August 20 if the coho salmon fishery is not closed earlier in August, until September 15; the Silver Bay Special Harvest Area for chum salmon is the waters of Eastern Channel and Silver Bay enclosed by a line from Entry Point Light at 57° 01.96' N. lat., 135° 15.01' W. long., to the southernmost tip of Harris Island at 57° 01.95' N. lat., 135° 16.60' W. long., to the southernmost tip of Galankin Island at 57° 01.57' N. lat., 135° 19.35' W. long., to Simpson Rock Light at 57° 01.15' N. lat., 135° 20.75' W. long., to the southernmost tip of Makhnati Island at 57° 02.27' N. lat., 135° 23.31' W. long., to Sentinel Rock at 57° 02.83' N. lat., 135° 24.61' W. long., to the westernmost tip of Cape Burunof at 56° 59.04' N. lat., 135° 23.21' W. long., to a point west of Pirate Cove at 56° 59.35' N. lat., 135° 22.63' W. long., to the westernmost tip of Long Island at 56° 59.98' N. lat., 135° 21.93' W. long., to the westernmost tip of Emgeten Island at 57° 00.08' N. lat., 135° 20.01' W. long., to the westernmost tip of Error Island at 57° 00.54' N. lat., 135° 19.50' W. long., to the northernmost tip of Luce Island at 57° 00.70' N. lat., 135° 19.41' W. long., and to the westernmost tip of Silver Point at 57° 00.80' N. lat., 135° 18.09' W. long., and in Silver Bay north of 57° 00.00' N. lat.;

(B) from 12:01 a.m. July 22 to 12:01 a.m. the day before the end of the August coho salmon fishery closure specified in (A) of this paragraph, or August 20 if there is no earlier coho salmon fishery closure in August, the Silver Bay Special Harvest Area for chum salmon is the waters of Eastern Channel and Silver Bay south of a line from Entry Point Light at 57° 01.96' N. lat, 135° 15.01' W. long., to the southernmost tip of Harris Island at 57° 01.95' N. lat., 135° 16.60' W. long., to the southernmost tip of Galankin Island at 57° 01.57' N. lat., 135° 19.35' W. long., and east of a line from Galankin Island to the westernmost point of Silver Point at 57° 00.80' N. lat., 135° 18.09' W. long., and the waters of Sitka Sound enclosed by a line from the southernmost tip of Galankin Island at 57° 01.57' N. lat., 135° 19.35' W. long., to Simpson Rock Light at 57° 01.15' N. lat., 135° 20.75' W. long., to the Makhnati Island buoy at 57° 02.16' N. lat., 135° 23.79' W. long., to Black Rock at 57° 03.14' N. lat., 135° 25.65' W. long., to the southernmost tip of Neva Island at 57° 03.39' N. lat., 135° 24.48' W. long., to the northernmost tip of Sasedni Island at 57° 03.00' N. lat., 135° 23.16' W. long., from the southernmost tip of Volga Island at 57° 02.39' N. lat., 135° 20.84' W. long., to the northernmost tip of Galankin Island at 57° 02.16' N. lat., 135° 20.02' W. long., and in Silver Bay north of 57° 00.00' N. lat.;

(7) Deep Inlet for king, chum, and coho salmon: the waters of Deep Inlet, Aleutkina Bay, and contiguous waters south of a line from a point on the westernmost end of Cape Burunof at 56° 59.04' N. lat., 135° 23.21' W. long., to a point west of Cape Burunof at 56° 59.11' N. lat., 135° 23.59' W. long., to a point one-half mile west of the westernmost tip of Long Island at 57° 00.17' N. lat., 135° 22.69' W. long., to the westernmost tip of Long Island at 56° 59.98' N. lat., 135° 21.93' W. long., to the easternmost tip of Long Island at 56° 59.95' N. lat., 135° 20.37' W. long., to the westernmost tip of Emgeten Island at 57° 00.08' N. lat., 135° 20.01' W. long., to the westernmost tip of Error Island at 57° 00.54' N. lat., 135° 19.50' W. long., to the westernmost tip of Berry Island at 57° 00.32' N. lat., 135° 18.68' W. long., to the southernmost tip of Berry Island at 57° 00.28' N. lat., 135° 18.52' W. long., to the westernmost tip of the southernmost island in the Kutchuma Island group at 57° 00.14' N. lat., 135° 18.27' W. long., to the easternmost tip of the southernmost island in the Kutchuma Island group at 57° 00.06' N. lat., 135° 17.95' W. long., to the westernmost tip of an unnamed island at 57° 00.29' N. lat., 135° 17.66' W. long., to a point on the southern side of the unnamed island at 57° 00.07' N. lat., 135° 16.80' W. long., and then to a point on the Baranof Island shore at 56° 59.93' N. lat., 135° 16.53' W. long., will be open for harvest by the hatchery permit holder from 12:01 a.m. June 15 until 11:59 p.m. October 31, except Sandy Cove is closed south of 56° 59.05' N. lat.;

(8) Mist Cove, for coho salmon: the waters of Mist Cove west of a line from 56° 31.72' N. lat., 134° 39.97' W. long., to 56° 31.17' N. lat., 134° 39.83' W. long., will be open for harvest by the hatchery permit holder from 12:01 a.m. August 1 until 11:59 p.m. October 31;

(9) Repealed 5/31/2009.

(10) Crawfish Inlet, for king and chum salmon: the waters of Crawfish Inlet east of 135° 11.05' W. long.

(b) A hatchery permit holder harvesting salmon within a special harvest area is exempt from the provisions of 5 AAC 33.310.

(1) repealed 6/28/97;

(2) repealed 5/31/2009;

(3) Mist Cove and Patterson Bay: purse seine, beach seine, drift gillnet, set gillnet, hook and line, and dip net;

(4) Bear Cove: purse seine, hand purse seine, beach seine, and dip net, drift gillnet with six inch or larger mesh, and troll gear;

(5) Hidden Falls: beach seine, purse seine, hand purse seine, drift gillnet, and troll gear;

(6) Silver Bay and Deep Inlet: purse seine, hand purse seine, beach seine, dip net, and troll gear;

(7) repealed 5/31/2009;

(8) repealed 5/31/2009;

(9) Shamrock Bay: beach seine, purse seine, hand purse seine, drift gillnet, and troll gear.

(10) Crawfish Inlet: purse seine, hand purse seine, beach seine, drift gillnet, dip net, and troll gear.

History

Authority: AS 16.05.060; AS 16.05.251; AS 16.10.440
Eff. 4/14/82, Register 82; am 9/22/84, Register 91; am 4/23/94, Register 130; am 6/28/97, Register 142; am 6/14/2000, Register 154; am 3/11/2001, Register 157; am 2/16/2006, Register 177; am 5/26/2006, Register 178; am 5/31/2009, Register 190; am 6/17/2018, Register 226; am 11/10/2024, Register 252; am 6/27/2025, Register 254

5 AAC 40.043 Neets Bay Special Harvest Area - Behm Canal {#sec-5-aac-40.043 omnilex-key=us-ak-regs-official--title-5--5 AAC 40.043}

(a) There is established a Neets Bay Special Harvest Area for the Southern Southeast Regional Aquaculture Association harvest of coho and chum returns to the Neets Bay release site, consisting of all waters of Neets Bay east of the longitude of the easternmost tip of Bug Island.

(b) A hatchery permit holder harvesting salmon within the special harvest area is exempt from the provisions of 5 AAC 33.310. The open fishing season within the Neets Bay Special Harvest Area for the hatchery permit holder is from June 1 through October 31. Additional fishing periods may be established by emergency order.

(c) Notwithstanding 5 AAC 33.330, legal gear for the hatchery permit holder in the special harvest area is purse seine, beach seine, gillnet, and troll gear. The hatchery permit holder may use floating weirs in waters of the special harvest area east of 131° 33' W. long.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 6/28/81, Register 78; am 5/31/85, Register 94; am 7/13/2012, Register 203

5 AAC 40.044 Burro Creek Farms Special Harvest Area - Taiya Inlet {#sec-5-aac-40.044 omnilex-key=us-ak-regs-official--title-5--5 AAC 40.044}

Repealed.

History

Eff. 4/14/82, Register 82; repealed 5/31/2009, Register 190

5 AAC 40.045 Nakat Inlet Special Harvest Area {#sec-5-aac-40.045 omnilex-key=us-ak-regs-official--title-5--5 AAC 40.045}

(a) There is established a Nakat Inlet Special Harvest Area for the Southern Southeast Regional Aquaculture Association harvest of chum and coho salmon returns to the Nakat Inlet release site, consisting of all waters of Nakat Inlet north of Surprise Point at 54° 49.10' N. lat., and west of 130° 42.75' W. long.

(b) The hatchery permit holder harvesting salmon within the special harvest area is exempt from the provisions of 5 AAC 33.310. Fishing periods for the hatchery permit holder will be established by emergency order by gear type.

(c) Notwithstanding 5 AAC 33.330, legal gear for the hatchery permit holder in the special harvest area are purse seine, gillnet, troll and beach seine.

History

Authority: AS 16.05.050; AS 16.05.251; AS 16.10.420 - AS 16.05.060; AS 16.05.92016.10.440
Eff. 4/16/83, Register 86; am 5/31/2009, Register 190

5 AAC 40.046 Tutka Bay Lagoon Special Harvest Area - Tutka Bay {#sec-5-aac-40.046 omnilex-key=us-ak-regs-official--title-5--5 AAC 40.046}

Expired.

5 AAC 40.050 District 1: Carroll Inlet Special Harvest Area {#sec-5-aac-40.050 omnilex-key=us-ak-regs-official--title-5--5 AAC 40.050}

(a) There is established a Carroll Inlet Special Harvest Area for the Southern Southeast Regional Aquaculture Association harvest of chinook salmon returns to the Carroll Inlet release site, consisting of the waters of Carroll Inlet north of the latitude of Nigelius Point at 55° 33.50' N. lat., 131° 21.14' W. long.

(b) A hatchery permit holder harvesting salmon within the special harvest area is exempt from the provisions of 5 AAC 33.310. The open fishing season within the Carroll Inlet Special Harvest Area for the hatchery permit holder is from June 1 through July 15 during fishing periods established by emergency order.

(c) Notwithstanding 5 AAC 33.330, legal gear for the hatchery permit holder in the special harvest area is purse seine, beach seine, gillnet, and troll gear.

History

Authority: AS 16.05.060; AS 16.05.251; AS 16.10.440
Eff. 10/16/2022, Register 244

5 AAC 40.051 District 3: Klawock Inlet and River Special Harvest Area {#sec-5-aac-40.051 omnilex-key=us-ak-regs-official--title-5--5 AAC 40.051}

(a) The Klawock Inlet and River Special Harvest Area consists of the waters of Klawock Inlet and Harbor south of the latitude of Cemetery Point and north of 55° 32' N. lat., and any of the hatchery raceways and holding ponds contiguous with the hatchery access ladder from Klawock River for broodstock and cost recovery of sockeye and coho salmon and steelhead.

(b) A hatchery permit holder harvesting salmon within the special harvest area is exempt from the provisions of 5 AAC 33.310. The open fishing season within the Klawock Inlet and River Special Harvest Area for the hatchery permit holder is from July 1 through November 30. Additional fishing periods may be established by emergency order.

(c) Notwithstanding 5 AAC 33.330, legal gear types for the hatchery permit holder in the special harvest area are purse seine, beach seine, dip net, gillnet, and troll gear.

History

Authority: AS 16.05.060; AS 16.05.251; AS 16.10.440
Eff. 6/28/97, Register 142; am 7/13/2012, Register 203

5 AAC 40.052 District 3: Port Asumcion Special Harvest Area Management Plan {#sec-5-aac-40.052 omnilex-key=us-ak-regs-official--title-5--5 AAC 40.052}

(a) There is established the Port Asumcion Special Harvest Area for the Southern Southeast Regional Aquaculture Association harvest of enhanced salmon returns to the Port Asumcion release site, consisting of those waters of Port Asumcion north and west of a line from Point Cosinas at 55° 21.80' N. lat., 133° 30.64' W. long., to a point west of Point Maria located at 55° 22.04' N. lat., 133° 30.26' W. long.

(b) A hatchery permit holder harvesting salmon within the special harvest area is exempt from the provisions of 5 AAC 33.310. The open fishing season within the Port Asumcion Special Harvest Area for the hatchery permit holder is from June 15 through October 30.

(c) Notwithstanding 5 AAC 33.330, legal gear for the hatchery permit holder in the special harvest area is purse seine, beach seine and gillnet.

History

Authority: AS 16.05.060; AS 16.05.251; AS 16.10.440
Eff. 10/16/2022, Register 244

5 AAC 40.053 District 3: Port Saint Nicholas Special Harvest Area {#sec-5-aac-40.053 omnilex-key=us-ak-regs-official--title-5--5 AAC 40.053}

(a) There is established the Port Saint Nicholas Special Harvest Area, consisting of all waters of Port Saint Nicholas east of the longitude of Point Miraballes at 133° 05.23' W. long., and west of 132° 59.50' W. long., located at the mouth of the Port Saint Nicholas head stream.

(c) Notwithstanding 5 AAC 33.330, legal gear for the hatchery permit holder in the special harvest area is purse seine, beach seine, gillnet, and dip net.

History

Authority: AS 16.05.060; AS 16.05.251; AS 16.10.440
Eff. 7/13/2012, Register 203; am 10/16/2022, Register 244

5 AAC 40.060 District 6: Neck Lake Special Harvest Area {#sec-5-aac-40.060 omnilex-key=us-ak-regs-official--title-5--5 AAC 40.060}

(a) There is established a Neck Lake Special Harvest Area for the Southern Southeast Regional Aquaculture Association harvest of hatchery salmon returns to the Neck Lake remote release site, consisting of the waters of Whale Pass north and west of a line from 56° 05.55' N. lat., 133° 07.30' W. long. to 56° 05.82' N. lat., 133° 06.58' W. long.

(b) A hatchery permit holder harvesting salmon within the special harvest area is exempt from the provisions of 5 AAC 33 .310. The open fishing season and area for the hatchery permit holder is from June 15 through August 31 in those waters of Neck Creek upstream of the beginning of the fish pass. Additional fishing periods and areas may be established by emergency order.

(c) Notwithstanding 5 AAC 33.330, legal gear for the hatchery permit holder in the special harvest area is weir, dip net, and beach seine. Additional gear may be established by emergency order.

History

Authority: AS 16.05.060; AS 16.10.440 AS 16.05.251; AS 16.10.455
Eff. 5/9/2015, Register 214

5 AAC 40.061 District 7: Anita Bay Special Harvest Area {#sec-5-aac-40.061 omnilex-key=us-ak-regs-official--title-5--5 AAC 40.061}

(a) There is established the Anita Bay Special Harvest Area, consisting of the waters of Anita Bay south and west of a line from the tip of Anita Point at 56° 13.68' N. lat., 132° 22.48' W. long., to 56° 14.26' N. lat., 132° 23.93' W. long.

(b) A hatchery permit holder harvesting salmon within the special harvest area is exempt from the provisions of 5 AAC 33.310. The commissioner shall open and close, by emergency order, fishing periods for the hatchery permit holder by gear type.

(c) Notwithstanding 5 AAC 33.330, legal gear types for the hatchery permit holder in the special harvest area are beach seine, purse seine, and hand purse seine, drift gillnet, and troll gear.

History

Authority: AS 16.05.060; AS 16.05.251; AS 16.10.440
Eff. 6/28/97, Register 142; am 3/11/2001, Register 157; am 5/26/2006, Register 178; am 11/10/2024, Register 252

5 AAC 40.071 District 9: Gunnuk Creek Special Harvest Area {#sec-5-aac-40.071 omnilex-key=us-ak-regs-official--title-5--5 AAC 40.071}

(a) The Gunnuk Creek Special Harvest Area consists of the waters of Keku Strait enclosed by a line from a point northwest of Kake at 56° 58.92' N. lat., 133° 57.48' W. long., to the southernmost tip of the southern Mosquito Island at 56° 58.22' N. lat., 133° 58.85' W. long., to the northwest tip of Hamilton Island at 56° 56.45' N. lat., 133° 55.66' W. long., to Wooten's Dock at 56° 57.55' N. lat., 133° 54.78' W. long.

(c) The commissioner shall open and close, by emergency order, fishing periods for common property fisheries to harvest excess salmon returning to the Gunnuk Creek salmon hatchery.

(d) Notwithstanding 5 AAC 33.330, legal gear types for the hatchery permit holder in the special harvest area are beach seine, purse seine, gillnet, and troll gear.

History

Authority: AS 16.05.060; AS 16.05.251; AS 16.10.440
Eff. 6/28/97, Register 142; am 3/11/2001, Register 157; am 11/10/2024, Register 252

5 AAC 40.073 District 9: Southeast Cove Special Harvest Area {#sec-5-aac-40.073 omnilex-key=us-ak-regs-official--title-5--5 AAC 40.073}

(a) The Southeast Cove Special Harvest Area consists of the waters of Keku Strait enclosed by a line from a rocky point on the northern end of Kuiu Island located on the east side of Southeast Cove at 56° 52.92' N. lat., 134° 01.49' W. long., to the northern tip of Hound Island at 56° 53.12' N. lat., 133° 56.83' W. long., then northwest, connecting points along the northern shore of Keku Islands at 56° 53.98' N. lat., 133° 57.69' W. long., to 56° 55.85' N. lat., 134° 01.00' W. long., to 56° 55.85' N. lat., 134° 02.21' W. long., to 56° 55.20' N. lat., 134° 02.66' W. long., then to the northwest corner of Payne Island to 56° 57.40' N. lat., 134° 08.82' W. long., then south to a point on Kuiu Island at 56° 55.03' N. lat., 134° 09.26' W. long.

(c) The commissioner shall open and close, by emergency order, fishing periods for common property fisheries to harvest excess salmon returning to the Southeast Cove remote release site.

(d) Notwithstanding 5 AAC 33.330, legal gear types for the hatchery permit holder in the special harvest area are beach seine, purse seine, gillnet, and troll gear.

History

Authority: AS 16.05.060; AS 16.05.251; AS 16.10.440
Eff. 6/28/97, Register 142; am 3/11/2001, Register 157; am 11/10/2024, Register 252

5 AAC 40.081 District 9: Port Armstrong Special Harvest Area {#sec-5-aac-40.081 omnilex-key=us-ak-regs-official--title-5--5 AAC 40.081}

(a) The Port Armstrong Special Harvest Area for king salmon consists of the waters of Port Armstrong west of 134° 39.47' W. long., and will be open to harvest by the hatchery permit holder from 12:01 a.m. April 15 until 11:59 p.m. July 31.

(b) The Port Armstrong Special Harvest Area for pink, chum, and coho salmon consists of the waters of Port Armstrong west of a line from Point Eliza at 56° 17.70' N. lat., 134° 38.89' W. long., to a point on the Baranof Island shoreline at 56° 17.97' N. lat., 134° 38.44' W. long., and will be open to harvest by the hatchery permit holder from 12:01 a.m. April 15 until 11:59 p.m. July 31.

(c) A hatchery permit holder harvesting salmon within the special harvest area is exempt from the provisions of 5 AAC 33.310.

(d) The Port Armstrong Special Harvest Area, described in (b) of this section, will be closed to commercial fishing, other than hatchery cost recovery fishing, from 12:01 a.m. July 31 until 11:59 p.m. September 30. The commissioner may open and close, by emergency order, fishing periods for common property fisheries to harvest salmon surplus to broodstock and cost recovery returning to the Port Armstrong salmon hatchery.

(e) Notwithstanding 5 AAC 33.330, legal gear types for the hatchery permit holder in the special harvest area are purse seine, hand purse seine, beach seine, dip net, drift gillnet with six inch or larger mesh, and troll gear.

History

Authority: AS 16.05.060; AS 16.05.251; AS 16.10.440
Eff. 6/28/97, Register 142; am 3/11/2001, Register 157; am 5/31/2009, Register 190; am 7/13/2012, Register 203; am 11/10/2024, Register 252

5 AAC 40.085 Kodiak Regional Aquaculture Association Special Harvest Areas {#sec-5-aac-40.085 omnilex-key=us-ak-regs-official--title-5--5 AAC 40.085}

(a) The following special harvest areas are established for the Kodiak Regional Aquaculture Association (KRAA):

(1) Kitoi Bay Special Harvest Area: all waters of Kitoi Bay west of a line from 58° 10.58' N. lat., 152° 17.36' W. long. to 58° 09.50' N. lat., 152° 18.70' W. long.;

(2) Spiridon Bay Special Harvest Area: all waters of Telrod Cove north of a line extending from Stream Point at 57° 39.00' N. lat., 153° 38.50' W. long., to a point at 57° 38.80' N. lat., l53° 37.70' W. long.;

(3) Foul Bay Special Harvest Area: all waters of Foul Bay east of 152° 47.20' W. long.;

(4) Waterfall Bay Special Harvest Area: all waters of the stream terminus of streams No. 251-821 and 251-822 to a straight line extending northwesterly from 58° 24.15' N. lat., 152° 28.23' W. long. to 58° 25.60' N. lat., 152° 30.80' W. long.; the numbered streams in this paragraph are identified on the ADF&G Kodiak Area Salmon Statistical Chart adopted by reference in 5 AAC 18.350;

(5) Settler Cove Special Harvest Area: all waters of Settler Cove west of 152° 50.80' W. long.

(b) A hatchery permit holder harvesting salmon within a special harvest area under the terms of a hatchery permit is exempt from the provisions of 5 AAC 18.310 and 5 AAC 18.320. The commissioner shall open and close, by emergency order, fishing periods during which the hatchery permit holder may harvest salmon within the designated special harvest area.

(c) Notwithstanding 5 AAC 18.330, legal gear for the hatchery permit holder in a special harvest area is purse seine and beach seine.

History

Authority: AS 16.05.060; AS 16.05.251; AS 16.10.440
Eff. 4/9/2005, Register 174

Article 3 Applicability of Regulations

5 AAC 40.100 Applicability of regulations {#sec-5-aac-40.100 omnilex-key=us-ak-regs-official--title-5--5 AAC 40.100}

The provisions of 5 AAC 40.110 - 5 AAC 40.990 govern the hatchery permit application process for private nonprofit hatcheries and establish guidelines and procedures regarding the operation of permitted hatcheries.

History

Authority: AS 16.05.020; AS 16.10.375; AS 16.12.010 AS 16.05.092; AS 16.10.470; AS 16.12.100
Eff. 3/31/85, Register 93; am 6/11/2025, Register 254

Article 4 Permitting

5 AAC 40.110 Authority {#sec-5-aac-40.110 omnilex-key=us-ak-regs-official--title-5--5 AAC 40.110}

The commissioner will review and take action on each application for a private nonprofit hatchery.

History

Authority: AS 16.05.020; AS 16.10.400; AS 16.12.100 AS 16.05.092; AS 16.12.010
Eff. 3/31/85, Register 93; am 6/11/2025, Register 254

5 AAC 40.120 Pre-application assistance {#sec-5-aac-40.120 omnilex-key=us-ak-regs-official--title-5--5 AAC 40.120}

When preparing an application for a hatchery permit or conducting a related activity, an applicant may request the department's assistance. The PNP coordinator will provide assistance to the extent practicable.

History

Authority: AS 16.05.020; AS 16.10.400 AS 16.05.092; AS 16.12.010
Eff. 3/31/85, Register 93; am 6/11/2025, Register 254

5 AAC 40.130 Management feasibility analysis {#sec-5-aac-40.130 omnilex-key=us-ak-regs-official--title-5--5 AAC 40.130}

(a) An applicant may submit a request to the PNP coordinator for the department to prepare a management feasibility analysis for a proposed hatchery site. The department must complete and provide the analysis to the applicant before the applicant may submit an application for a hatchery permit under 5 AAC 40.140. The department will base the analysis on the following information that must be provided by the applicant to the PNP coordinator;

(1) the location of the facility;

(2) the desired species and broodstock for hatchery production;

(3) if applicable, the run timing, by species of salmon;

(4) he incubation and rearing levels desired during the first reproductive cycle, by species;

(5) the incubation and rearing levels desired at full capacity, by species;

(6) if requested by the PNP coordinator, other information necessary for the department to complete the analysis.

(b) Not later than 90 days after the PNP coordinator receives from the applicant the information described in (a) of this section, the department will complete a management feasibility analysis of the proposed hatchery.

(1) an estimate of potential contributions to the common property fishery;

(2) potential size and location of a special harvest area;

(3) special management considerations or the need for additional studies;

(4) potential broodstock sources;

(5) an assessment of production potentials for each species; and

(6) additional factors considered by the department to be relevant to a proposed hatchery operation.

History

Authority: AS 16.05.020; AS 16.10.400 AS 16.05.092; AS 16.12.010
Eff. 3/31/85, Register 93; am 6/1/2013, Register 206; am 6/11/2025, Register 254

5 AAC 40.140 Hatchery permit application {#sec-5-aac-40.140 omnilex-key=us-ak-regs-official--title-5--5 AAC 40.140}

An application for a hatchery permit must be submitted to the PNP coordinator. The PNP coordinator will provide an application upon request. The applicant shall provide, in the hatchery permit application, detailed statements of operational goals, objectives, and plans. The application must include a management feasibility analysis completed in accordance with 5 AAC 40.130.

History

Authority: AS 16.05.020; AS 16.10.400 AS 16.05.092; AS 16.12.010
Eff. 3/31/85, Register 93; am 6/11/2025, Register 254

5 AAC 40.150 Application fee {#sec-5-aac-40.150 omnilex-key=us-ak-regs-official--title-5--5 AAC 40.150}

An application for a hatchery permit must include a

(1) $0 application fee for a salmon hatchery permit, as required under AS 16.10.400; or

(2) $0 application fee for a shellfish hatchery permit, as required under AS 16.12.010.

History

Authority: AS 16.05.020; AS 16.10.400 AS 16.05.092; AS 16.12.010
Eff. 3/31/85, Register 93; am 6/11/2025, Register 254

5 AAC 40.160 Acceptance determination {#sec-5-aac-40.160 omnilex-key=us-ak-regs-official--title-5--5 AAC 40.160}

(a) The PNP coordinator shall review a submitted application for completeness and determine whether it includes the completed management feasibility analysis described in 5 AAC 40.130. If the PNP coordinator determines that the application is not complete or does not contain a completed management feasibility analysis, the PNP coordinator shall request, in writing, the necessary information from the applicant to complete the application. An application will not be accepted until the PNP coordinator determines that the application is complete and that it contains a completed management feasibility analysis.

(b) The 60-day time period for processing an application under 5 AAC 40.190 begins when the application is accepted under this section.

History

Authority: AS 16.05.020; AS 16.10.400 AS 16.05.092; AS 16.12.010
Eff. 3/31/85, Register 93; am 4/28/95, Register 134; am 6/11/2025, Register 254

5 AAC 40.170 Regional planning team review of salmon hatchery operations {#sec-5-aac-40.170 omnilex-key=us-ak-regs-official--title-5--5 AAC 40.170}

(a) The appropriate regional planning team, as established under 5 AAC 40.300, shall review each application to determine if the proposed hatchery is compatible with the appropriate regional comprehensive salmon plan. The regional planning team shall use the following application review criteria:

(1) the contribution the proposed hatchery would make to the common property fishery;

(2) the provisions for protection of the naturally occurring stocks from any adverse effects which may originate from the proposed hatchery;

(3) the compatibility of the proposed hatchery with the goals and objectives of the comprehensive salmon plan for the region; and

(4) whether the proposed hatchery would make the best use of the site's potential to benefit the common property fishery.

(b) An applicant may review the regional planning team determination and comment on it by letter to the commissioner.

History

Authority: AS 16.05.020; AS 16.10.375 AS 16.05.092; AS 16.10.400
Eff. 3/31/85, Register 93

5 AAC 40.180 Additional information {#sec-5-aac-40.180 omnilex-key=us-ak-regs-official--title-5--5 AAC 40.180}

(a) If, after an application for a hatchery permit has been accepted by the PNP coordinator, the PNP coordinator determines that more information is necessary in order for the department to evaluate the biological, management, and economic feasibility of the proposed hatchery, the PNP coordinator shall request the necessary information from the applicant in writing. If the PNP coordinator submits a written request for additional information to the applicant, the 60-day time period of the application review and approval process described in 5 AAC 40.190 is suspended until the PNP coordinator receives the additional information from the applicant.

(b) If the requested information is not received by the PNP coordinator within 90 days of the date of the written request, the application will be rejected. Nothing in this subsection is intended to preclude an applicant from submitting another application at a later date if that application complies with 5 AAC 40.140 and includes the application fee required under 5 AAC 40.150.

History

Authority: AS 16.05.020; AS 16.10.400 AS 16.05.092; AS 16.12.010
Eff. 3/31/85, Register 93; am 4/28/95, Register 134; am 6/11/2025, Register 254

5 AAC 40.185 Basic management plan {#sec-5-aac-40.185 omnilex-key=us-ak-regs-official--title-5--5 AAC 40.185}

(a) The hatchery permit application process includes the development, finalization, and approval of a basic management plan. A basic management plan describes how the proposed hatchery and facility will be developed for the first five years and is drafted by the applicant, department area staff, and the PNP coordinator. The basic management plan exists only as a draft basic management plan until approved by the commissioner.

(b) A basic management plan must include the following for a proposed hatchery:

(1) hatchery development schedule;

(2) location of the facility;

(3) capacity of the facility;

(4) potential donor stock source;

(5) incubation plans;

(6) culture plans;

(7) release locations; and

(8) adult harvest plans.

(c) An approved basic management plan is an addendum to the hatchery permit and sets out the terms of the hatchery permit.

History

Authority: AS 16.05.020; AS 16.10.400; AS 16.12.010 AS 16.05.092; AS 16.10.410; AS 16.12.020
Eff. 6/11/2025, Register 254

5 AAC 40.190 Hatchery permit application review process {#sec-5-aac-40.190 omnilex-key=us-ak-regs-official--title-5--5 AAC 40.190}

(a) Except as provided in 5 AAC 40.180, the application review process for a hatchery permit is set out in (b) of this section.

(b) An applicant shall submit an application for a salmon hatchery or shellfish hatchery permit to the PNP coordinator. Once an application has been received by the PNP coordinator, if the PNP coordinator determines that no additional action is necessary to process the application, the PNP coordinator will review and process the application within 60 days in accordance with the following review process:

(1) the PNP coordinator will verify that the application is complete; if the application is

(A) incomplete or does not include a complete management feasibility analysis, the PNP coordinator shall request the required information from the applicant in writing; or

(B) complete, the PNP coordinator shall accept the application and proceed with department review; the accepted application shall be provided to department technical and regional management staff;

(2) the department will review the accepted application and may submit comments to the PNP coordinator or request, through the PNP coordinator, additional information from the applicant; a request by the PNP coordinator for additional information from the applicant suspends the 60-day application review timeline until the requested information is received by the PNP coordinator;

(3) the department shall work with the applicant to develop a draft basic management plan for the proposed hatchery; the draft basic management plan must be determined by the PNP coordinator to be complete before a public hearing is held under 5 AAC 40.210;

(4) if the application is for a salmon hatchery, the appropriate regional planning team shall review the application to determine if the proposed hatchery is compatible with the regional comprehensive salmon plan developed under AS 16.10.375 and submit the team's recommendation to the commissioner;

(5) if the application is for a shellfish hatchery, the commissioner shall consult with and solicit recommendations from federal and state agencies and technical experts in the relevant area regarding permit stipulations and issuance for the proposed hatchery;

(6) once the PNP coordinator determines that the application, draft basic management plan, and review are complete, the department will notice and conduct a public hearing, subject to the provisions of 5 AAC 40.210, for an application for a

(A) salmon hatchery in accordance with AS 16.10.410;

(B) shellfish enhancement project in accordance with 16.12.020;

(7) after the conclusion of the public notice and hearing, the PNP coordinator will work with the applicant to finalize the draft basic management plan;

(8) the PNP coordinator will compile the hatchery permit application information, including the finalized draft basic management plan, for the commissioner's review and issuance of a decision in accordance with

(A) 5 AAC 40.220, for a salmon hatchery permit;

(B) 5 AAC 40.225, for a shellfish hatchery permit.

History

Authority: AS 16.05.020; AS 16.10.400; AS 16.12.020 AS 16.05.092; AS 16.10.410; AS 16.12.060 AS 16.10.375; AS 16.12.010
Eff. 3/31/85, Register 93; am 4/28/95, Register 134; am 11/25/2011, Register 200; am 6/11/2025, Register 254

5 AAC 40.200 Completeness determination {#sec-5-aac-40.200 omnilex-key=us-ak-regs-official--title-5--5 AAC 40.200}

Repealed.

History

Eff. 3/31/85 Register 93; repealed 11/25/2011, Register 200

5 AAC 40.210 Public Hearing {#sec-5-aac-40.210 omnilex-key=us-ak-regs-official--title-5--5 AAC 40.210}

(a) The department shall conduct a public hearing for a completed hatchery permit application. The commissioner shall notice the public hearing after acceptance of the hatchery permit application, not less than 25 days before the date of the public hearing. At the commissioner's discretion, the hearing may be noticed before the PNP coordinator issues a determination that the draft basic management plan is complete under 5 AAC 40.190. The hearing will be held under the following sequential procedures:

(1) the commissioner will make an introductory statement;

(2) the applicant will make a presentation of the draft basic management plan, which must include the proposed hatchery plans describing the information required to be included in a basic management plan under 5 AAC 40.185 and other relevant facts or information that may be of interest to the department or the public;

(3) The department will present the draft basic management plan for the proposed facility, including expected production and management, and will make copies of the draft basic management plan available for public review and comment at the hearing; and

(4) the commissioner will open the floor for public testimony and questions on all aspects of the proposed facility.

(b) The department may respond to a comment, and shall respond to a specific objection, offered by a member of the public at the hearing conducted under this section not later than

(A) 10 days after a public hearing for a salmon hatchery permit application;

(B) 30 days after a public hearing for a shellfish hatchery permit application.

(c) The department may accept written comments for 15 days after the hearing, and may respond in writing, within 10 working days after receipt, to a specific objection received within that time.

History

Authority: AS 16.05.020; AS 16.10.410 AS 16.05.092; AS 16.12.020
Eff. 3/31/85, Register 93; am 6/11/2025, Register 254

5 AAC 40.220 Application review and decision for a salmon hatchery permit {#sec-5-aac-40.220 omnilex-key=us-ak-regs-official--title-5--5 AAC 40.220}

(a) The commissioner shall review the following information, compiled by the PNP coordinator, before issuing a decision on whether to approve or deny an application for a salmon hatchery permit:

(1) recommendations from the regional planning team;

(2) recommendations resulting from the department's review of the application; and

(3) objections and recommendations received from the public during the public hearing regarding the proposed hatchery facility.

(b) The commissioner will issue a decision on whether to approve or deny a salmon hatchery permit application, including the draft basic management plan, and notify the applicant of the decision in writing not later than 75 calendar days after the conclusion of the public hearing held under 5 AAC 40.210. The commissioner shall base the decision on the following:

(1) the physical and environmental nature of the proposed location must be suitable for enhancing runs or for establishing new runs and must have the potential to make a reasonable contribution to the common property fishery; the proposed hatchery returns may not

(A) unreasonably or adversely affect management of natural stocks; or

(B) require significant alteration of a traditional fishery time, area, gear type, or user group allocation;

(2) the operation of the proposed hatchery must make the best use of the site's potential to benefit the common property fishery; to achieve optimum public benefit from the state's private nonprofit hatchery program and ensure that the proposed hatchery is in the best interests of the public, an enhancement site must be developed to the site's fullest potential with consideration to appropriate species, technological use of the site, and available resources;

(3) the proximity of the proposed hatchery releases to an area that will allow for a reasonable segregation of hatchery stocks; the harvest area of the proposed hatchery must be

(A) of sufficient size to allow harvest of the hatchery returns; and

(B) may not otherwise limit a harvest to a location where fish would not be expected to satisfy the requirements of AS 16.10.450;

(4) the proposed hatchery must have available donor sources that are approvable under 5 AAC 41; proposed donor sources for hatchery broodstock must be able to meet necessary first-cycle egg take levels;

(5) the proposed hatchery must have a secured water source and delivery system that is adequate for the proposed levels of incubation and rearing; the security of the water source must be demonstrated through

(A) appropriate water use permits;

(B) annual hydrographs;

(D) necessary provisions for recycling and depuration;

(6) the proposed hatchery facility and water intake structures may not be located in a stream or in the reach of a stream that has dynamic flooding characteristics or significant and rapid bedload transport that may endanger water intake galleries, weirs, the facility, or the reliability of the water source for the proposed hatchery;

(7) the proposed hatchery must allow for the maintenance of adequate instream flows below the hatchery or any hatchery-related facility, including a water intake structure, to support natural stocks;

(8) the proposed hatchery plan and staffing plan must demonstrate operational feasibility.

(c) If an application is approved under this section, the commissioner shall, as a condition of the hatchery permit, require the permit holder to provide for suitable fish-passage facilities in order to accommodate acceptable upstream and downstream passage of fish, if passage facilities are determined by the department to be necessary.

History

Authority: AS 16.05.020; AS 16.10.375 AS 16.05.092; AS 16.10.400
Eff. 3/31/85, Register 93; am 6/11/2025, Register 254

5 AAC 40.225 Application review and decision for a shellfish hatchery permit {#sec-5-aac-40.225 omnilex-key=us-ak-regs-official--title-5--5 AAC 40.225}

(a) The commissioner shall review the following information compiled by the PNP coordinator before issuing a decision on whether to approve or deny an application for a shellfish hatchery permit:

(1) recommendations resulting from the department's review of the application; and

(2) the information presented, recommendations, and specific support or objections from the public hearing regarding the proposed shellfish facility, hatchery permit application, or basic management plan.

(b) The commissioner will issue a decision on whether to approve or deny a shellfish hatchery application, including the basic management plan, and notify the applicant in writing of the decision not later than 75 calendar days after the conclusion of the public hearing held under 5 AAC 40.210. The commissioner shall base the decision on the following:

(1) the physical and environmental nature of the proposed location must be suitable for enhancing shellfish fisheries, rehabilitating natural stocks, or increasing the area of productive natural shellfish habitat and must have the potential to make a reasonable contribution to the common property fishery; the proposed hatchery production may not unreasonably or adversely affect management of natural stocks; a shellfish fishery enhancement project may not significantly alter traditional fishery time, area, gear type, or user group allocations;

(2) the operation of the proposed hatchery must make the best use of the site's potential to benefit the common property fishery; to achieve optimum public benefit from the state's private nonprofit hatchery program and ensure that the proposed hatchery is in the best interests of the public, an enhancement site must be developed to the site's fullest potential, with consideration to appropriate species, technological use and available resources of the site;

(3) the proximity of the proposed hatchery releases to an area that will allow for a harvest of hatchery stocks without adversely affecting natural stocks;

(5) the proposed hatchery must have a secured water source and delivery system that is adequate for the proposed levels of incubation and rearing;

(6) the proposed hatchery plan and staffing plan must demonstrate a reasonable level of operational feasibility and an acceptable degree of potential success.

History

Authority: AS 16.05.020; AS 16.05.092; AS 16.12.010
Eff. 6/11/2025, Register 254

5 AAC 40.230 Reconsideration {#sec-5-aac-40.230 omnilex-key=us-ak-regs-official--title-5--5 AAC 40.230}

An application for a hatchery permit which has been denied by the commissioner may be reconsidered if the applicant provides new or additional information that the commissioner determines may have altered the original decision. Reconsideration by the commissioner under this section does not require additional notice or public bearing on the hatchery permit application under 5 AAC 40.210.

History

Authority: AS 16.05.020; AS 16.10.400 AS 16.05.092; AS 16.12.010
Eff. 3/31/85, Register 93; am 6/11/2025, Register 254

5 AAC 40.235 Non-transferability of hatchery permit {#sec-5-aac-40.235 omnilex-key=us-ak-regs-official--title-5--5 AAC 40.235}

A hatchery permit is not transferable. A person who wishes to obtain a permit to operate a hatchery at a location that is already permitted shall submit an application subject to the application review process set out in 5 AAC 40.110 - 5 AAC 40.230. If the assets or control of a hatchery are transferred to a degree that the department considers to be substantial, the department will notify the new operator that they are required to submit a new application for a hatchery permit in accordance with this chapter. If a new hatchery permit is issued, the existing hatchery permit is terminated.

History

Authority: AS 16.05.020; AS 16.10.400 AS 16.05.092; AS 16.12.010
Eff. 6/11/2025, Register 254

5 AAC 40.240 Permit revocation {#sec-5-aac-40.240 omnilex-key=us-ak-regs-official--title-5--5 AAC 40.240}

(a) The commissioner will revoke a hatchery permit if the commissioner determines that at the end of five years from the date the permit was issued, the permit holder has not undertaken substantial ongoing work to construct and operate a hatchery facility in compliance with the terms and conditions specified in the permit and the facility development schedule specified in the basic management plan required by 5 AAC 40.185.

(b) To initiate revocation of a permit under this section, the PNP coordinator shall notify the permit holder, in writing, of the proposed revocation. The permit holder may have 30 days from the date of the notice of the proposed revocation to submit information to the commissioner to show that the permit holder has undertaken substantial ongoing work to construct and operate a hatchery facility in compliance with the terms and conditions specified in the permit and the facility development schedule specified in the basic management plan required by 5 AAC 40.185.

(c) The PNP coordinator shall provide written notice of a proposed revocation of a salmon hatchery permit to the regional planning team for the area in which the proposed salmon hatchery is permitted. The regional planning team shall review and submit comments on the proposed revocation to the commissioner not later than 90 days after the date of the notice.

History

Authority: AS 16.05.020; AS 16.10.430 AS 16.05.092; AS 16.12.040
Eff. 4/28/95, Register 134; am 6/11/2025, Register 254

5 AAC 40.245 Hatchery permit alteration {#sec-5-aac-40.245 omnilex-key=us-ak-regs-official--title-5--5 AAC 40.245}

(a) A hatchery permit holder may request alteration of an existing hatchery permit. The permit holder shall submit the permit alteration request to the PNP coordinator on a form provided by the department.

(b) A hatchery permit holder's submission of a request for permit alteration under this section must be received by the PNP coordinator not later than February 15 of the calendar year that the proposed alteration is requested to occur. The commissioner may extend the submission deadline for a permit alteration request if the commissioner determines that the extension is justified by extraordinary circumstances or an emergency.

(c) If a hatchery permit alteration is requested for a salmon hatchery, the appropriate regional planning team will review and make a recommendation to the commissioner on the hatchery permit alteration request.

(d) Approval of a hatchery permit alteration by the commissioner modifies the existing hatchery permit.

History

Authority: AS 16.05.020; AS 16.10.400 AS 16.05.092; AS 16.12.010
Eff. 6/11/2025, Register 254

Article 5 Regional Comprehensive Salmon Plans

5 AAC 40.300 Regional planning teams in general {#sec-5-aac-40.300 omnilex-key=us-ak-regs-official--title-5--5 AAC 40.300}

The commissioner will establish regions and regional planning teams for the primary purpose of developing comprehensive salmon plans for various regions of the state. The provisions of 5 AAC 40.300 - 5 AAC 40.370 govern the structure and functions of each regional planning team and the development of a comprehensive salmon plan for each region.

History

Authority: AS 16.05.020; AS 16.05.092; AS 16.10.375
Eff. 3/31/85, Register 93

5 AAC 40.310 Regional planning team composition {#sec-5-aac-40.310 omnilex-key=us-ak-regs-official--title-5--5 AAC 40.310}

(a) Each regional planning team consists of six members. Three are department personnel appointed by the commissioner, and three are appointed by the board of directors of the appropriate regional aquaculture association, qualified under AS 16.10.380.

(b) The commissioner will, in his or her discretion, request the involvement of representatives of federal and state agencies to assist a regional planning team if their contribution will aid in the development of the regional comprehensive plan.

History

Authority: AS 16.05.020; AS 16.10.375 AS 16.05.092; AS 16.10.380
Eff. 3/31/85, Register 93

5 AAC 40.320 Chairman of regional planning team {#sec-5-aac-40.320 omnilex-key=us-ak-regs-official--title-5--5 AAC 40.320}

(a) Each regional planning team shall elect a chairman to serve at the pleasure of the team.

(b) The chairman or his delegate shall

(1) conduct regional planning team meetings, including recording of proceedings, and employing agreed-upon rules of order;

(2) set the agenda and meeting time and place for regional planning team meetings; and

(3) coordinate regional planning team staff in the accomplishment of tasks assigned to the chairman by the team, including

(A) providing the commissioner with team communications requiring commissioner review or approval;

(B) contacting members to determine who will be attending the next scheduled meeting; and

History

Authority: AS 16.05.020; AS 16.05.092; AS 16.10.375
Eff. 3/31/85, Register 93

5 AAC 40.330 Quorum and voting {#sec-5-aac-40.330 omnilex-key=us-ak-regs-official--title-5--5 AAC 40.330}

A regional planning team may not transact business without a simple majority of four members. Voting procedures may be established at the discretion of the membership.

History

Authority: AS 16.05.020; AS 16.05.092; AS 16.10.375
Eff. 3/31/85, Register 93

5 AAC 40.340 Regional planning team responsibility {#sec-5-aac-40.340 omnilex-key=us-ak-regs-official--title-5--5 AAC 40.340}

Each regional planning team shall prepare a regional comprehensive salmon plan, for the appropriate region, to rehabilitate natural stocks and supplement natural production, with provisions for both public and private nonprofit hatcheries. Each region planning team shall consider the needs of all user groups and ensure that the public has opportunity to participate in the development of the comprehensive salmon plan. Each regional comprehensive plan must define regional production goals by species, area, and time.

History

Authority: AS 16.05.020; AS 16.05.092; AS 16.10.375
Eff. 3/31/85, Register 93

5 AAC 40.345 Southeast Alaska {#sec-5-aac-40.345 omnilex-key=us-ak-regs-official--title-5--5 AAC 40.345}

In accordance with the Southeastern Alaska Area Enhanced Salmon Allocation Management Plan in 5 AAC 33.364, the joint Northern and Southern Southeast Regional Planning Team shall make annual recommendations to the commissioner on production changes to salmon enhancement projects to comply with allocation plans.

History

Authority: AS 16.05.020; AS 16.05.092; AS 16.10.375
Eff. 4/28/95, Register 134

5 AAC 40.350 Public notice {#sec-5-aac-40.350 omnilex-key=us-ak-regs-official--title-5--5 AAC 40.350}

The chair of the regional planning team, or the chair's designee, shall give two weeks' notice, on the Alaska Online Public Notice System (AS 44.62.175), of a planning team meeting. Additionally the chair may use alternative methods to provide notice to the public that are specific to regional circumstances. The alternative methods may include department advisory announcements, publications in a newspaper of general circulation, website postings, electronic mail distribution lists, and radio or television advertisements.

History

Authority: AS 16.05.020; AS 16.05.092; AS 16.10.375
Eff. 3/31/85, Register 93; am 4/25/2021, Register 238

5 AAC 40.360 Public involvement {#sec-5-aac-40.360 omnilex-key=us-ak-regs-official--title-5--5 AAC 40.360}

Each regional planning team shall encourage public participation during all stages of the development and review of regional comprehensive salmon plans.

History

Authority: AS 16.05.020; AS 16.05.092; AS 16.10.375
Eff. 3/31/85, Register 93

5 AAC 40.370 Plan approval {#sec-5-aac-40.370 omnilex-key=us-ak-regs-official--title-5--5 AAC 40.370}

(a) A draft regional comprehensive salmon plan must be submitted to the PNP coordinator for department review and comment.

(b) The draft regional comprehensive salmon plan must be distributed for public review.

(c) The regional planning team shall respond to comments received as a result of these reviews, and may incorporate them in the final draft of the regional comprehensive salmon plan.

(d) The regional planning team shall submit a final draft of the regional comprehensive salmon plan to the commissioner for review and approval.

History

Authority: AS 16.05.020; AS 16.05.092; AS 16.10.375 Articles 6 and 7.
Eff. 3/31/85, Register 93

5 AAC 40.800 Nontransferability of permits {#sec-5-aac-40.800 omnilex-key=us-ak-regs-official--title-5--5 AAC 40.800}

Repealed.

History

Eff. 3/31/85, Register 93; repealed 6/11/2025, Register 254

5 AAC 40.810 Preference right {#sec-5-aac-40.810 omnilex-key=us-ak-regs-official--title-5--5 AAC 40.810}

(a) A preference right under AS 16.10.400 applies to a potential salmon hatchery site and does not constitute an approval of a permit.

(b) As part of the pre-application assistance described in 5 AAC 40.120, the PNP coordinator will inform the applicant whether a qualified regional association or an approved local nonprofit hatchery corporation has an established preference right to the identified site.

(c) The PNP coordinator will notify the appropriate qualified regional association of an application for a permit for a hatchery site that has been identified in the comprehensive salmon plan for the region.

(d) A qualified regional association shall respond to the PNP coordinator not more than three weeks after receiving a notification described in (b) of this section to establish a preference right at that location.

(e) If the qualified regional association exercises a preference right for that site, the association may, within one year, submit an application for acceptance. If an application is not submitted and accepted within one year, the qualified regional association relinquishes its preference right to that location.

(f) A local nonprofit hatchery corporation is eligible to establish a preference right to a proposed site if the corporation receives approval from the qualified regional association. That preference right is identical to the one which can be established by a qualified regional association.

(g) A local nonprofit hatchery corporation that seeks qualified regional association approval of a proposed preference right for a hatchery site shall notify the PNP coordinator and the qualified regional association.

(h) all applicants for a permit, including local nonprofit corporations, local nonprofit hatchery corporations approved by the qualified regional associations, shall follow the application procedures outlined in 5 AAC 40.110 - 5 AAC 40.230.

History

Authority: AS 16.05.020; AS 16.10.400 AS 16.05.092; AS 16.12.010
Eff. 3/31/85, Register 93; am 6/11/2025, Register 254

5 AAC 40.820 Basic management plans {#sec-5-aac-40.820 omnilex-key=us-ak-regs-official--title-5--5 AAC 40.820}

Repealed.

History

Eff. 3/31/85, Register 93; am 4/28/95, Register 134; repealed 6/11/2025, Register 254

5 AAC 40.830 Facility inspection {#sec-5-aac-40.830 omnilex-key=us-ak-regs-official--title-5--5 AAC 40.830}

A hatchery permit holder shall notify the PNP coordinator when construction of a hatchery has been completed and each facility of the hatchery is ready for operation. A facility must be approved by the department before the permit holder may start operations. The department may conduct an inspection of a facility at any time the facility is in operation.

History

Authority: AS 16.05.020; AS 16.10.400; AS 16.12.010 AS 16.05.092; AS 16.10.460; AS 16.12.100
Eff. 3/31/85, Register 93; am 6/11/2025, Register 254

5 AAC 40.840 Annual management plan {#sec-5-aac-40.840 omnilex-key=us-ak-regs-official--title-5--5 AAC 40.840}

(a) Beginning on the first year of operation of a hatchery, and on an annual basis after that, the department shall work with a permit holder to prepare an annual management plan to guide hatchery operations in accordance with the hatchery permit. The PNP coordinator shall coordinate with the appropriate department staff and hatchery permit holder to prepare a draft annual management plan. The hatchery operator shall submit the draft annual management plan to the department not later than April 1 of each year for review by the commissioner. The annual management plan exists only as a draft annual management plan until approved by the commissioner.

(b) An annual management plan must be developed with consideration of a hatchery's production cycle and must organize and guide the hatchery's operations regarding

(1) production goals;

(2) broodstock management; and

(3) harvest management of hatchery-produced salmon or adult shellfish.

(c) For a salmon hatchery annual management plan, a production cycle is considered to begin with adult returns that lead to egg takes and end with fish releases.

(d) For a shellfish hatchery annual management plan, a production cycle is considered to begin with broodstock collection and end with juvenile releases.

(e) The Department of Commerce, Community, and Economic Development may review a draft annual management plan. For a salmon hatchery, the appropriate qualified regional planning team may review a draft annual management plan.

(f) An approved annual management plan does not limit or prohibit a permit holder from acting in accordance with the hatchery permit or an emergency order.

History

Authority: AS 16.05.020; AS 16.10.400; AS 16.12.060 AS 16.05.092; AS 16.10.443 AS 16.10.375; AS 16.12.010
Eff. 3/31/85, Register 93; am 4/25/2021, Register 238; am 6/11/2025, Register 254

5 AAC 40.850 Notice of permit alteration {#sec-5-aac-40.850 omnilex-key=us-ak-regs-official--title-5--5 AAC 40.850}

Repealed.

History

Eff. 3/31/85, Register 93; am 4/25/2021, Register 238; repealed 6/11/2025, Register 254

5 AAC 40.860 Performance review {#sec-5-aac-40.860 omnilex-key=us-ak-regs-official--title-5--5 AAC 40.860}

(a) Based on a department review, the PNP coordinator will notify the commissioner if a hatchery operator's performance is inadequate, according to the conditions under which the hatchery permit was granted.

(b) The commissioner may consider a hatchery permit alteration, suspension, or revocation in accordance with AS 16.10.430 for a salmon hatchery or AS 16.12.040 for a shellfish hatchery. If the commissioner considers a hatchery permit alteration, suspension, or revocation for a salmon hatchery, the PNP coordinator will notify the appropriate regional planning team. For a salmon hatchery permit, the regional planning team may make a written recommendation to the commissioner on the alteration, suspension, or revocation that is being considered. The regional planning team and department shall use the following performance standards in a review and recommendation made to the commissioner by identifying whether:

(1) survival rates have been inadequate for a period of greater than four years;

(2) the transport of broodstock from wild sources does not continue for longer than one cycle of the particular species without reevaluation of hatchery operations;

(3) the hatchery contributes to the common property fishery;

(4) the hatchery does not significantly impact wild stocks in a negative manner;

(5) the hatchery fulfills the production objectives described in the terms of the hatchery permit; and

(6) there are any mitigating circumstances to the hatchery operator's performance that were beyond the control of the hatchery operator.

History

Authority: AS 16.05.020; AS 16.10.375; AS 16.12.010 AS 16.05.092; AS 16.10.430; AS 16.12.040
Eff. 3/31/85, Register 93; am 6/11/2025, Register 254

5 AAC 40.870 Reporting of mortality {#sec-5-aac-40.870 omnilex-key=us-ak-regs-official--title-5--5 AAC 40.870}

(a) If, in any of a hatchery's operations an event occurs that results in significant mortalities, the hatchery permit holder shall inform the PNP coordinator immediately and submit an incident report, which must include

(1) a description of the nature of the incident;

(2) the cause of the incident;

(3) the time of the incident;

(4) the effect on the stocks;

(5) corrective action taken and proposed measures to eradicate future problems; and

(6) an assessment of the general impact on the program.

(b) The operator shall complete and submit the mortality incident report to the PNP coordinator within 15 days after the incident occurs.

History

Authority: AS 16.05.020; AS 16.10.400 AS 16.05.092; AS 16.12.010
Eff. 3/31/85, Register 93; am 6/11/2025, Register 254

5 AAC 40.880 Surplus salmon eggs {#sec-5-aac-40.880 omnilex-key=us-ak-regs-official--title-5--5 AAC 40.880}

(a) Salmon eggs are surplus if the following conditions are met:

(1) the hatchery operator no longer needs to return to the indigenous stocks in order to develop the broodstock for the hatchery; and

(2) broodstock needs for the hatchery, as identified in the annual management plan, must have been achieved through salmon returning to the facility.

(b) A proposed sale of surplus salmon eggs by a hatchery permit holder must be identified in the annual management plan for the facility.

(c) A hatchery permit holder shall obtain a permit alteration from the commissioner if the eggs taken for sale purposes are to be incubated at the facility before transfer to the recipient facility.

(d) The appropriate fish-transport permit must be approved by the commissioner before any surplus salmon eggs are transferred from the facility to the recipient facility.

History

Authority: AS 16.05.020; AS 16.05.092; AS 16.10.450
Eff. 3/31/85, Register 93; am 6/11/2025, Register 254

5 AAC 40.885 Surplus shellfish enhancement species {#sec-5-aac-40.885 omnilex-key=us-ak-regs-official--title-5--5 AAC 40.885}

(a) Shellfish enhancement species are surplus if the broodstock needs for a hatchery identified in the annual management plan have been met.

(b) A proposed sale of surplus broodstock by a hatchery permit holder must be identified in the annual management plan.

(c) A hatchery permit holder may not incubate or rear surplus broodstock or progeny at the hatchery before transfer to another facility permitted under this chapter without obtaining approval for a hatchery permit alteration from the commissioner.

(d) A hatchery permit holder may not transfer any surplus species to another facility unless the hatchery permit holder has been issued the appropriate fish-transport permit by the commissioner.

History

Authority: AS 16.05.020; AS 16.05.092; AS 16.12.080
Eff. 6/11/2025, Register 254

5 AAC 40.890 Information {#sec-5-aac-40.890 omnilex-key=us-ak-regs-official--title-5--5 AAC 40.890}

The department will exchange information with the Department of Commerce, Community, and Economic Development, including copies of annual reports required to be submitted by a hatchery permit holder under AS 16.10.470 or AS 16.12.110, to ensure consistency between reports submitted by the hatchery permit holder to each agency.

History

Authority: AS 16.05.020; AS 16.10.470 AS 16.05.092; AS 16.12.110
Eff. 3/31/85, Register 93; am 6/11/2025, Register 254

5 AAC 40.990 Definitions {#sec-5-aac-40.990 omnilex-key=us-ak-regs-official--title-5--5 AAC 40.990}

In this chapter,

(1) "commissioner" means the commissioner of the Department of Fish and Game or the commissioner's designee;

(2) "common property fishery" means any fishery in which the general public is allowed to harvest fish subject to state and federal law;

(3) "completed application" means a final application that has been accepted by the commissioner and that contains a draft basic management plan for the operation of the facility and a completed management feasibility analysis;

(4) "department" means the Alaska Department of Fish and Game;

(5) "enhancement" means a strategy designed to supplement allowable harvest of natural species; enhancement activities are primarily designed to implement artificial or semi-artificial production systems or to increase the amount of productive natural habitat;

(6) "escapement" means all salmon species that escape the common property fishery and includes two categories of escapement:

(A) the number of broodstock or spawners required to perpetuate and achieve natural, semi-artificial, and artificial production objectives;

(B) the number of hatchery-produced fish taken for the hatchery harvest requirement, to be used to pay for the hatchery's reasonable operating and capital costs, at current market prices for the species involved;

(7) "hatchery permit" means a private nonprofit hatchery permit, issued by the commissioner for the construction or operation of a salmon or shellfish hatchery or facility, which has not been suspended or revoked;

(8) "PNP coordinator" means the manager of the private nonprofit hatchery program within the department;

(9) "regional comprehensive salmon plan" is a document that integrates and assembles all relevant information regarding the development and protection of the salmon resource, for a specific long-range period of time, into a strategic plan for an established region of the state;

(10) "rehabilitation" means a strategy directed toward restoring debilitated natural stocks to optimum production levels; rehabilitation strategies consist of regulatory and nonregulatory activities; nonregulatory activities are directed at increasing the survival of debilitated broodstock and include removal of migration inhibitors, stream restoration, incubation and subsequent planting of eyed eggs, fry and fingerlings, lake fertilization and predator-competitor control;

(11) "salmon stock" means a population of salmon of a single species identified with a specific water system or portion of a water system, which share a common spawning period;

(12) "special harvest area" means an area designated by the commissioner or the Board of Fisheries where hatchery returns are to be harvested by the hatchery operators, and, in some situations by the common property fishery;

(13) "terminal harvest area" means an area designated by the commissioner, Board of Fisheries regulation, or department emergency order where hatchery returns have achieved a reasonable degree of segregation from naturally occurring stocks and may be harvested by the common property fishery without adverse effects;

(14) "broodstock" means sexually mature fish or shellfish from which gametes or progeny have been or will be extracted for use in artificial propagation.

History

Authority: AS 16.05.020; AS 16.10.375 AS 16.05.092; AS 16.12.199
Eff. 3/31/85, Register 93; am 4/28/95, Register 134; am 8/15/2008, Register 187; am 6/11/2025, Register 254

Chapter 41 Collection, Transportation, Possession, Propagation, or Release of Aquatic Organisms; Aquatic Farming

Article 1 Scope of Regulations

5 AAC 41.001 Application of this chapter {#sec-5-aac-41.001 omnilex-key=us-ak-regs-official--title-5--5 AAC 41.001}

The provisions of this chapter govern the collection, transportation, possession, propagation, or release of aquatic organisms transplanted for or cultivated for human consumption or sport fishing purposes, or as part of a program for scientific, educational, or propagative purposes; the collection, transportation, possession, propagation, or release of aquatic organisms for conservation purposes; and the transportation and possession of aquatic organisms for commercial purposes including aquatic farming, aquarium stocking, and guided sport ecotourism fishing. Unless specifically provided, the provisions of this chapter do not apply to the cultivation of ornamental fish.

History

Authority: AS 16.05.050; AS 16.40.100 AS 16.05.251; AS 16.40.160

Article 2 Permit System Established

5 AAC 41.005 Permit required {#sec-5-aac-41.005 omnilex-key=us-ak-regs-official--title-5--5 AAC 41.005}

(a) Except as otherwise provided, a person may not collect, transport, possess, propagate, export from the state, or release into the waters or the lands of the state, any aquatic organism, unless the person holds a fish transport or aquatic resource permit issued by the commissioner, and the person is in compliance with all conditions of the permit and the provisions of this chapter. A fish transport or aquatic resource permit will be issued for a fixed term subject to the provisions of this section. Notwithstanding the provisions of this subsection, and except as restricted under AS 16.10.240, a licensed processor may export live shellfish out of the waters of the state for human consumption without a fish transport permit only after complying with all applicable reporting requirements.

(b) A permit issued under this chapter authorizes only that operation specified in the permit and is not transferrable. Additional personnel may engage in activities authorized by the permit only after written approval by the department. Any change of species, stock, or location of permitted activities requires a new permit. Any other change requires an amendment to the permit. Possession of a permit does not relieve the permit holder of the responsibility for securing any other local, state, or federal permits that may be required.

(c) If the commissioner determines that an applicant made a false statement on an application, affidavit, permit, or report required by this chapter, or omitted material information, the commissioner may suspend or revoke the permit, and deny future permit applications submitted by the applicant.

(d) Notwithstanding the expiration, termination, or suspension of a permit issued under this chapter, each permit holder is responsible for the obligations arising under the terms and conditions of the permit, and under the provisions of this chapter.

(e) Unless otherwise provided in regulation or by emergency order, a permit is not required for transportation of aquatic organisms harvested or caught under sport, personal use, subsistence, or commercial regulations from the place of harvest or capture to a place within the state for processing, or commercially caught or harvested aquatic organisms to a place within the state for sale.

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 41.010 Uniform application procedures for fish transport and aquatic resource permits {#sec-5-aac-41.010 omnilex-key=us-ak-regs-official--title-5--5 AAC 41.010}

(a) Each applicant for a fish transport or aquatic resource permit shall submit, on a form provided by the department, the following information:

(1) identification of each species and location of the stock to be collected, transported, possessed, propagated, or released;

(2) the destination of the transported aquatic organisms and the release site;

(3) the number of aquatic organisms and their life history stage or age;

(4) a descriptive history of previous transport of the stock and related activities;

(5) a statement on the health or condition of the aquatic organisms, including a disease history of the stock, a disease history of the hatchery or rearing facilities through which they may have passed, and any previous disease treatments or vaccinations. If the disease history is incomplete or unavailable, a broodstock inspection and certification under 5 AAC 41.020 may be required;

(6) isolation measures planned to control disease during transport and holding, including a description of containers, depuration measures, and plans for disinfection;

(7) repealed 1/10/2018;

(8) the source of water for holding and rearing, and proposed effluent discharge location;

(9) identification and status of stocks in the area of collection, holding, and release, including a statement of expected interactions with other stocks in these areas;

(10) a description of the methods and the expected dates of collection, transport, holding, or release;

(11) the purpose and expected benefits of the activity; and

(12) evaluation plans.

(b) A completed application must be submitted to the department as specified on the application form.

(c) If the commissioner determines that an application is incomplete and that further information is necessary, the department will return the application to the applicant with a description of the deficient information.

(d) Repealed 1/10/2018.

History

Authority: AS 16.05.251

5 AAC 41.020 Inspection for disease of broodstock {#sec-5-aac-41.020 omnilex-key=us-ak-regs-official--title-5--5 AAC 41.020}

If the disease history of the broodstock is unavailable or incomplete and the department requires under 5 AAC 41.010(a)(5), an inspection of the broodstock to detect disease must be scheduled by the applicant and conducted by the appropriate fish pathology section of the department's division of commercial fisheries, or by a person designated by the fish pathology section. The applicant must submit samples of the broodstock as directed by the fish pathology section for the purpose of inspection. The applicant will receive a certification from the fish pathology section upon successful completion of the inspection.

History

Authority: AS 16.05.251; AS 16.05.733

5 AAC 41.030 Permit issuance, suspension, denial, or revocation {#sec-5-aac-41.030 omnilex-key=us-ak-regs-official--title-5--5 AAC 41.030}

For fish transport or aquatic resource permits issued under this chapter,

(1) the commissioner will issue a permit if the commissioner determines that the proposed activity will not adversely affect the continued health and perpetuation of native, wild, or enhanced stocks of aquatic organisms, fisheries, and research, management, monitoring, or enforcement activities;

(2) the commissioner will issue a permit with terms and conditions attached if the commissioner determines that the terms and conditions are necessary to protect the continued health and perpetuation of native, wild, or enhanced stocks of aquatic organisms, fisheries, and research, management, monitoring, or enforcement activities;

(3) the commissioner will deny a permit, or an amendment to a permit, if the applicant's proposed plans, methods, or specifications are not adequate to protect the continued health and perpetuation of native, wild, or enhanced stocks of aquatic organisms, fisheries, and research, management, monitoring, or enforcement activities. Written notice of denial shall be given to the applicant, including the reasons for denial.

(4) the commissioner will approve, condition, or deny a permit not later than 45 days after a completed application as specified in 5 AAC 41.010 has been received in the appropriate office. The commissioner may extend the review period for complex or large projects.

(5) the commissioner shall revoke or suspend the permit, or particular provisions of the permit including amendments, if the commissioner finds

(A) on the basis of new information or changed circumstances, that the permitted activity will adversely affect the continued health and perpetuation of native, wild, or enhanced stocks of aquatic organisms, fisheries, and research, management, monitoring, or enforcement activities; or

(B) the permit holder has failed to comply with permit terms or the provisions of this chapter;

(6) the commissioner may reconsider a denial, suspension, or revocation of a permit if the applicant submits in writing new or additional information that may have altered the original decision.

History

Authority: AS 16.05.251

5 AAC 41.040 Amendments to the permit {#sec-5-aac-41.040 omnilex-key=us-ak-regs-official--title-5--5 AAC 41.040}

(a) A permit holder may request amendment of a fish transport or aquatic resource permit by submitting, in writing to the department office where the permit was issued, an amended plan and a statement explaining why the amendment is necessary.

(b) The commissioner will issue an amendment to the permit upon a determination made under 5 AAC 41.030(1) or (2). The commissioner will approve, condition, or deny a request for amendment no later than 30 days after receipt of the request.

(c) The commissioner may alter or amend permit conditions at any time if additional information, unforeseen changes, or changed circumstances affect the adequacy of permit terms and conditions.

(d) Amendments approved by the commissioner become effective when received by the permit holder, or at a later date specified in the amendment. Unless otherwise specified, amendments remain valid for the duration of the permit and must be attached to the original permit.

History

Authority: AS 16.05.251

5 AAC 41.050 Permit conditions {#sec-5-aac-41.050 omnilex-key=us-ak-regs-official--title-5--5 AAC 41.050}

The commissioner may prescribe conditions on a fish transport or aquatic resource permit to control the occurrence of disease, genetic change, or other disturbances of biological origin affecting native, wild, or enhanced stocks, or to minimize effects on fisheries or other uses of aquatic resources, including research, management, monitoring, or enforcement activities. These conditions may include: designation of broodstock and release locations; methods of collection, transport, holding, or release; quarantine and depuration requirements and procedures; disease inspections; disposal of wastes and effluents; timing of transportation and release; reporting requirements; and other measures necessary to achieve the purposes of this chapter.

History

Authority: AS 16.05.251

5 AAC 41.060 Retention of permit for inspection {#sec-5-aac-41.060 omnilex-key=us-ak-regs-official--title-5--5 AAC 41.060}

(a) After issuance, a copy of the fish transport or aquatic resource permit including any amendments must be retained by the permit holder and be made available upon request for inspection by a representative of the department or a law enforcement officer of the Department of Public Safety. A copy of the permit must also be available at all field collection and project sites, and accompany the authorized transport of aquatic organisms.

(b) For the purposes of inspecting and monitoring compliance with the terms of the permit or the requirements of this chapter, each permit holder shall give authorized representatives of the department, and law enforcement officers of the Department of Public Safety, free and unobstructed access at all times to permit sites. Each permit holder shall give such assistance and furnish information the representative or law enforcement officer may reasonably require for monitoring and inspection.

History

Authority: AS 16.05.251

Article 3 General Provisions

5 AAC 41.070 Prohibitions on importation and release of live fish {#sec-5-aac-41.070 omnilex-key=us-ak-regs-official--title-5--5 AAC 41.070}

(a) Except as provided in (b) - (d) of this section, no person may import any live fish into the state for purposes of stocking or rearing in the waters or the lands of the state.

(b) Live oysters from the Pacific Coast of North America may be imported, transported, or possessed for aquaculture purposes, including research, under a transport permit required by this chapter, and may be released into the waters of the state only if the

(1) broodstock is derived from oysters commercially cultured on the Pacific Coast of North America through three or more generations; and

(2) disease history or an inspection indicates no incidence of disease that is not indigenous to the state or is not considered to be a risk to indigenous stocks, and oyster health or marketability.

(c) Ornamental fish not raised for human consumption or sport fishing purposes may be imported into the state, but may not be reared in or released into the waters or the lands of the state. Fish wastes and waste water from ornamental fish may not be released directly into the waters of the state.

(d) Weathervane scallops originating from wild stocks or cultured stocks in the Southeastern Alaska and Yakutat Areas may be imported for aquaculture purposes and may be released only into the waters of the Southeastern Alaska and Yakutat Areas under a stock transport permit required by this chapter only if the

(1) broodstock was taken under the provisions of a stock acquisition permit issued by the department;

(2) broodstock was certified by the department's fish pathology section before transport out of the state;

(3) broodstock was held continuously in a department-approved isolation facility;

(4) weathervane scallops proposed for import have been held continuously in a department-approved isolation facility before import into the state;

(5) disease history, or an inspection, of the weathervane scallops proposed for import indicates no incidence of a disease of transport significance.

(e) A person may not import, own, possess, propagate, transport, distribute, release, purchase, or sell within this state

(1) any species listed under 50 C.F.R. 16.13, as revised as of October 31, 2016, as an injurious live, or dead fish, mollusk, crustacean, or their eggs; and

(2) any species listed under 50 C.F.R. 16.14, as revised as of January 28, 2016, as injurious live or dead amphibians or their eggs.

(f) Except as otherwise provided in this chapter, a person may not possess, import, propagate, transport, release, purchase, or sell within this state a banned invasive species classified under 5 AAC 41.075.

History

Authority: AS 16.05.251

5 AAC 41.075 Classification of banned invasive species {#sec-5-aac-41.075 omnilex-key=us-ak-regs-official--title-5--5 AAC 41.075}

(a) In consultation with the department, the board will classify certain nonnative species as banned invasive species under this section.

(b) When considering proposals to classify a certain nonnative species as a banned invasive species, or removing a species from the list of banned invasive species specified in (c) of this section, the board will consider and determine the potential of the species to

(1) survive, grow, reproduce, and establish reproductive populations in this state;

(2) cause a genetic alteration of a species indigenous to this state;

(3) compete for food, habitat, and resources with a species indigenous to this state;

(4) degrade or make uninhabitable habitats used by species indigenous to this state;

(5) transmit a disease to a species indigenous to this state or to humans;

(6) threaten the health or population of a species indigenous to this state or to humans;

(7) cause economic or environmental harm.

(1) Class A banned invasive species:Common Name Scientific Name Amphibians Pacific chorus frogPseudacris regilla or Hyla regillaRed-legged frogRana aurora Crustaceans Rusty crayfishOrconectes rusticusEuropean green crabCarcinus maenasVirile crayfish/Northern crayfishFaxonius virilisFish Cyprinid fishesCyprinidae Family (includes invasive carps, redside shiners, golden shiners, and fathead minnows)American shadAlosa sapidissimaEastern MosquitofishGambusia holbrookiRound gobyApollonia melanostromus Mollusks New Zealand mudsnailPotamopyrgus antipodarumDreissenid musselsDreissenidae FamilyQuagga musselsDreissenia bugensisZebra musselDreissenia polymorphaConrad's or dark false musselMytilopsis leucophaetaAsian clamCorbicula fluminea

(2) Class B banned invasive species:

Common Name Scientific Name Amphibians American bull frogLithobates catesbeianusCrustaceans Signal crayfishPacifastacus leniusculusRed swamp crayfishProcambarus clarkiiFish Yellow perchPerca flavescensMuskellungeEsox masquinongyWalleyeSander vitreusBluegillLepomis macrochirusLargemouth bassMicropterus salmoidesSmallmouth bassMicropterus dolomieuBlack crappiePomoxis nigromaculatusWhite crappiePomoxis annularislctalurid fishesIctaluridae Family (catfish)Brook troutSalvelinus fontinalisBrown troutSalmo truttaWhite Perch Morone americanaPumpkinseedLepomis gibbosus

(d) A person may not possess any part of a Class A banned invasive species, including reproductive or genetic material, at any stage of its life cycle, except as follows:

(1) when transporting a specimen to any department office or another location as directed by the department in a sealed container for the purpose of containing, identifying, or reporting the presence of the species; or

(2) under the provisions of an aquatic resource permit as described in 5 AAC 41.005.

(e) A person may not possess any live Class B banned invasive species at any stage of its life cycle.

History

Authority: AS 16.05.050; AS 16.05.251
Eff. 4/25/2021, Register 238; am 6/25/2023, Register 246

5 AAC 41.080 Reporting and control of fish diseases at egg-take sites, hatcheries, and rearing facilities {#sec-5-aac-41.080 omnilex-key=us-ak-regs-official--title-5--5 AAC 41.080}

(a) The requirements of this section apply to all public and private egg-take programs, fish hatcheries, and fish rearing facilities in the state.

(b) Within 24 hours of taking and fertilizing live fish eggs or transporting live fish eggs between watersheds, all eggs must be treated, for at least 10 minutes, with an iodine solution of at least 100 parts per million of active iodine ingredient, with pH at least 6.0 or greater, or in a manner approved by the fish pathology section of the department. This requirement does not apply to shellfish eggs, and the commissioner may also exempt eggs taken at large-scale pink and chum salmon facilities where the operational history for the preceding five years shows that disease has not been a problem in returning stocks of fish.

(c) As determined by the commissioner, each fish hatchery or fish rearing facility may be inspected by the department's fish pathology section once every other year or less depending on the suitability of the fish stock disease histories. The commissioner may require and conduct additional inspections if the disease history of the stock or facility is incomplete, or if the disease history or current condition of the stock evidences incidence of disease.

(d) The occurrence of any of the following pathogens or diseases of fish must immediately be reported to the department's fish pathology section:

(1) Finfish Pathogen Categories:

(A) Class I - Pathogens of Critical Concern.

(i) Piscirickettsia;

(ii) VHSV - Viral hemorrhagic septicemia virus (genotypes I - III and IVb);

(iii) IPNV - infectious pancreatic necrosis virus;

(iv) OMV - Oncorhynchus masou virus;

(v) Herpesvirus salmonis;

(vi) Whirling disease (Myxobolus cerebralis);

(vii) ISAV - Infectious salmon anemia virus;

(B) Class II - Endemic Pathogens of Concern:

(i) IHNV - Infectious hematopoietic necrosis virus;

(ii) VHSV - Viral hemorrhagic septicemia virus (type IVa);

(iii) BKD - Bacterial kidney disease (Renibacterium salmoninarum);

(iv) Furunculosis (Aeromonas salmonicida);

(v) ERM - Enteric redmouth (Yersinia ruckeri);

(vi) ICH - Ichthyophthiriasis (Ichthyophthirius multifiliis);

(i) Vibriosis (marine Vibrio (Listonella) anguillarum, V. ordalii, V. alginolyticus);

(ii) Cold water disease (Flavobacterium psychrophilum);

(iii) Columnaris (Flavobacterium columnare);

(iv) Trichodiniasis (Trichodina, etc.);

(v) Ichthyobodiasis (Ichthyobodo = Costia);

(vi) Hexamitiasis (Hexamita);

(vii) Lymphocystis Virus;

(viii) Helminth diseases;

(ix) Fungal diseases (Saprolegnia sp.; Phoma herbarum);

(x) Motile bacterial septicemias (Aeromonas hydrophila, Pseudomonas sp.);

(D) Class IV - Uncategorized Pathogens:

(i) VENV - Viral erythrocytic necrosis virus;

(ii) PKD - Proliferative kidney disease (Tetracapsula bryosalmonae);

(iii) Vibrio salmonicida (cold water marine Hitra);

(iv) Loma sp. (Microsporidian);

(v) Reovirus;

(vi) Paramyxovirus;

(vii) Aquabirnavirus;

(viii) Erythrocytic Inclusion Body Syndrome (EIBS) virus;

(ix) Ceratomyxa shasta (Myxosporidian);

(2) Emerging Finfish Pathogens not defined in Classes I, II, III, or IV, including non-salmonid agents;

(3) Shellfish Pathogen Categories:

(A) Class I - Oyster Pathogens - Critical Concern:

(i) European Hemocyte and Gill Iridoviruses (HIVD, GNVD);

(ii) Oyster Herpesvirus;

(iii) Ostracoblabe implexa (shell disease fungus);

(iv) Haplosporidium sp. (nelsoni; costalis);

(v) Perkinsus marinus, P. atlanticus and other similar protozoa;

(vi) Marteilioides chungmuensis;

(vii) Marteilia sp. ( refringens, sydnei, branchialis, Aber disease, QX);

(viii) Bonamia ostreare, Bonamia sp. (microcells);

(ix) Velar disease virus (OVVD Iridovirus);

(x) Mytilicola sp. (intestinalis, orientalis, parasitic copepods);

(xi) Malpeque Bay disease (unknown etiology);

(xii) Denman Island and Australian winter diseases (Mikrocytos mackini, M. roughleyi);

(B) Class II - Nuisance Oyster Pathogens or Pests:

(i) Pacific oyster nocardiosis (Nocardin crassostreae);

(ii) Prokaryote inclusions (chlamydia; mycoplasma, rickettsia);

(iii) Bacillary necrosis (Vibrio, Pseudomonas, Aeromonas, others);

(iv) Sirolpidium zoophthorum (fungus);

(v) Mycelial disease (Actinomycete-like);

(vi) Hexamita sp. (flagellate protozoan);

(vii) Ciliates (Sphenophrya, thigmotrichs, trichodinids, Ancistrocoma);

(viii) Nematopsis sp. (sporozoan);

(ix) Microsporidea (HEP and others);

(x) Helminth parasites;

(xi) Pseudomyicola sp. (parasitic copepod);

(xii) Gregarines (protozoa);

(xiii) Neoplasia (germinomas);

(xiv) Ovacystis virus (gametogenic papilloma/polyoma-like virus);

(xv) Symbionts: Polydora sp. (polychaete mudworm); Diplothyra sp. (boring clam); Cliona sp. (boring sponge); Bryozoa;

(xvi) Predators: Stylochus sp. (polyclad worm); Drills: Urosalpinx cinerea; Ocenebra japonica; Rapana sp.;

(i) Herpesviruses - littleneck clams, rock scallops;

(ii) Histozoic coccidian - littleneck clams;

(iii) Disseminated neoplasia - littleneck clams, blue mussels;

(iv) Pseudoklossia coccidia - littleneck clams, basket cockles, blue mussels.

(e) Diseases reported under (d) of this section, or found by inspection under (c) of this section, must be treated by taking steps acknowledged by the fish pathology section to be effective in eliminating the disease. Containers or facilities must be disinfected by the permit holder in a manner directed or approved by the commissioner.

(f) If the commissioner determines that a Class I disease pathogen in finfish stocks or Class I disease pathogen exotic to North America in shellfish stocks is detected within a hatchery or rearing facility, the commissioner will require immediate action, including quarantine, stoppage of water flows to eliminate effluent release, complete destruction and proper disposal, such as caustic lime burial or incineration, of affected stocks within the facility, and a thorough disinfection of holding areas and equipment. An affected facility may be required to remain dry or out of production for one year and be certified free of the disease pathogen before continued production of fish or shellfish. If Class I disease pathogens exotic to this state, but not to North America are detected in oysters in this state, destruction of those oysters by the permit holder may be required if the commissioner determines that the disease pathogen poses a threat to the health and perpetuation of native, wild, or hatchery stocks of shellfish in the immediate area or the intended release location. In limited circumstances, the commissioner may allow retention or transportation of these diseased fish or shellfish under controlled conditions that pose no threat to native, wild, or hatchery stocks of fish and shellfish, such as movement to a disease laboratory having effluent depuration.

(g) Stocks of finfish in hatcheries or rearing facilities in which a Class II disease pathogen has been detected may require destruction and complete disinfection of the facility by the permit holder depending on the pathogen involved as determined by the commissioner, and if the disease poses a threat to the health and perpetuation of native, wild, or hatchery stocks of finfish in the hatchery effluent watershed or the intended release location.

(h) The presence of pests recognized in Class II nuisance pathogens which may be exotic to this state will result in refusal of shellfish import certification by the commissioner until resubmitted representative samples of the shipment are free of nontarget invertebrate species. The commissioner will also refuse certification or restrict movement of oysters if there is oyster mortality or disease associated with the prevalence of any infectious pathogens.

History

Authority: AS 16.05.251

5 AAC 41.090 Delegation of authority {#sec-5-aac-41.090 omnilex-key=us-ak-regs-official--title-5--5 AAC 41.090}

The commissioner may delegate to designated employees of the department the authority to administer the provisions of this chapter.

History

Authority: AS 16.05.020; AS 16.05.270

5 AAC 41.100 Definitions {#sec-5-aac-41.100 omnilex-key=us-ak-regs-official--title-5--5 AAC 41.100}

Repealed.

Article 4 Aquatic Farming

5 AAC 41.200 Applicability of regulations {#sec-5-aac-41.200 omnilex-key=us-ak-regs-official--title-5--5 AAC 41.200}

The provisions of 5 AAC 41.200 - 5 AAC 41.400

(1) apply to applications for, and review and issuance of,

(A) aquatic farm and hatchery operation permits;

(B) stock acquisition and transport permits; and

(2) establish procedures regarding the operation of permitted aquatic farms and hatcheries.

History

Authority: AS 16.05.050; AS 16.40.100 AS 16.05.092; AS 16.40.160
Eff. 4/10/88, Register 106; am 8/12/89, Register 111; am 6/17/2001, Register 158; am 5/19/2005, Register 174; am 1/29/2010, Register 193

5 AAC 41.210 Permit required {#sec-5-aac-41.210 omnilex-key=us-ak-regs-official--title-5--5 AAC 41.210}

Repealed.

History

Eff. 4/10/88, Register 106; am 8/12/89, Register 111; repealed 6/17/2001, Register 158

5 AAC 41.220 Aquatic farm and hatchery operation permit applications {#sec-5-aac-41.220 omnilex-key=us-ak-regs-official--title-5--5 AAC 41.220}

(a) An applicant for an aquatic farm or hatchery operation permit that requires the use of state tideland or submerged land managed by the Department of Natural Resources (DNR) must submit, during an application filing period under 11 AAC 63.020, the multi-agency application identified in 11 AAC 63.030 to DNR for subsequent distribution to the department under 11 AAC 63.

(b) An applicant for an aquatic farm or hatchery operation permit that does not require the use of state tideland or submerged land managed by DNR may obtain the multi-agency application identified in 11 AAC 63.030 from the department and submit it to the department at any time. Acceptance and review of an application by the department does not relieve the applicant from compliance with any other requirements of federal, other state, or local agencies for the operation of an aquatic farm or hatchery.

(c) An application for an aquatic farm submitted by the current operation permit holder will only be accepted by the department if all conditions of the existing aquatic farm or hatchery operation permit are met.

(d) An application for an aquatic farm or hatchery operation permit submitted under (a) or (b) of this section must include information that the commissioner requires to verify that the applicant meets the requirements of AS 16.40.100 - 16.40.199 and 5 AAC 41.200 - 5 AAC 41.400.

(e) Except as specified for geoducks in (f) of this section, an application for a proposed on-bottom culture aquatic farm site must include a user fee for a survey of the initial abundance of the species intended for culture. A survey of the proposed aquatic farm site will be conducted by the department, a person approved by the department to conduct the survey with oversight from the department, or an alternative method in a cooperative effort between the department and the applicant. The department will, to the extent practicable, work with the applicant to reduce the cost of the user fee for a survey. The department will cap the user fee for the survey as follows:

(1) for a subtidal survey: no more than $5,000 per aquatic farm site, per day;

(2) for an intertidal survey: no more than $2,000 per aquatic farm site, per day.

(f) The user fee for a survey of initial abundance of geoducks for a proposed on-bottom culture aquatic farm site is required with the application under (e) of this section, and a survey of the proposed aquatic farm site will be conducted, only if the commissioner determines that the site is subtidal and located in a larval drift zone described in 5 AAC 41.295(f)(1).

(g) The commissioner will determine the order that applications are reviewed and surveys are conducted under this section.

History

Authority: AS 16.05.050; AS 16.40.105; AS 16.40.160 AS 16.05.092; AS 16.40.110 AS 16.40.100; AS 16.40.145
Eff. 4/10/88, Register 106; am 8/12/89, Register 111; am 12/16/98, Register 148; am 6/17/2001, Register 158; am 1/20/2002, Register 161; am 5/19/2005, Register 174; am 11/25/2005, Register 176; am 2/16/2013, Register 205

5 AAC 41.230 Additional information {#sec-5-aac-41.230 omnilex-key=us-ak-regs-official--title-5--5 AAC 41.230}

If, after an application has been submitted to the department, the department determines that information in the application is insufficient for an adequate evaluation of the proposed aquatic farm or hatchery, the department will request additional information from the applicant to be submitted within 30 days of the date of the request for additional information. If the additional information is not received by the department within 30 days of the date of the request, the department will deny the application.

History

Authority: AS 16.05.050; AS 16.40.100; AS 16.40.110 AS 16.05.092; AS 16.40.105; AS 16.40.160
Eff. 4/10/88, Register 106; am 8/12/89, Register 111; am 6/17/2001, Register 158; am 5/19/2005, Register 174

5 AAC 41.235 Determination of insignificant population {#sec-5-aac-41.235 omnilex-key=us-ak-regs-official--title-5--5 AAC 41.235}

For the purposes of 5 AAC 41.200 - 5 AAC 41.400, the commissioner determines that an insignificant population of

(1) geoducks is

(A) no more than 12,000 pounds of geoducks on a six-acre aquatic farm site; or

(B) an average of no more than 2,000 pounds per acre of an aquatic farm site;

(2) shellfish, other than geoducks, is the amount that, as determined by the commissioner on a case-by-case basis, will not attract and support a commercial fishery for that species of shellfish and the harvest and sale of the shellfish will not result in significant alteration in traditional fisheries or other uses of fish and wildlife resources if the population is included within the aquatic farm.

History

Authority: AS 16.05.050; AS 16.40.105; AS 16.40.199 AS 16.05.092; AS 16.40.110 AS 16.40.100; AS 16.40.160
Eff. 11/25/2005, Register 176

5 AAC 41.240 Review and determination {#sec-5-aac-41.240 omnilex-key=us-ak-regs-official--title-5--5 AAC 41.240}

(a) The commissioner will review aquatic farm and hatchery operation permit applications, department surveys, and other site specific information and will issue an aquatic farm or hatchery operation permit if the commissioner determines that, to the extent practicable,

(1) the physical and biological characteristics of the location are suitable for culture because

(A) the operation is protected from oceanographic and atmospheric extremes or is designed to withstand such extremes;

(B) the water exchange rates, water temperatures, currents, salinity, and primary productivity are sufficient to support an aquatic farm and maintain a healthy environment for other marine organisms;

(C) for on-bottom culture, the substrate composition is suitable for the target species or can be enhanced and still maintain a healthy environment for other marine organisms;

(D) for suspended culture, the water depth is sufficient to prevent gear from grounding and impacting the benthos under floating structures;

(E) the health and abundance of eelgrass and kelp beds can be maintained;

(F) the operation is not located within 300 feet of the mouth of an anadromous fish stream;

(2) the proposed aquatic farm or hatchery does not significantly alter an established use;

(3) the proposed aquatic farm or hatchery is compatible with fish and wildlife resources in the area, and

(A) any predator and pest control methods have been designed to minimize impacts to non-targeted fish and wildlife resources in the area;

(B) does not adversely impact seabird colonies, sea lion haulouts and rookeries, seal haulouts and pupping areas, and walrus haulouts;

(4) for on-bottom culture proposals for all other indigenous species where wild stock exists, the commissioner has offered an opportunity to harvest the species;

(5) the proposed aquatic farm or hatchery operation and development plan demonstrates feasibility by describing how

(A) the operation will improve the productivity of the species intended for culture above what would occur in natural conditions using methods that may include

(i) predator exclusion;

(ii) the reduction of competing species;

(iii) density manipulation by culling and redistribution;

(iv) import of naturally-produced seed from either onsite or offsite;

(v) import of hatchery-produced seed;

(vi) programming harvest to optimize growth and shellfish condition; and

(vii) habitat improvement;

(B) repealed 1/26/2012;

(D) any support facilities, culture gear, and anchoring systems will be installed and maintained;

(E) the projected harvest rotation schedule is consistent with the life history of the species intended for culture;

(6) the proposed aquatic farm site contains an insignificant population of the species intended for culture, as determined under 5 AAC 41.235.

(b) Under AS 16.40.100(g), the commissioner will issue an aquatic farm operation permit under this section for an on-bottom culture aquatic farm site for geoducks located in a larval drift zone described in 5 AAC 41.295(f)(2) - (6) only if the site is in a subtidal habitat or environment and the requirements of (a) of this section are met.

(c) The commissioner will approve or deny, in writing, an operation permit for an aquatic farm or hatchery no later than 30 days after the lease is issued by the Department of Natural Resources under 11 AAC 63, unless the commissioner determines that additional review is necessary to determine compliance with the applicable provisions of AS 16.40.100 - 16.40.199 and 5 AAC 41.200 - 5 AAC 41.400.

History

Authority: AS 16.05.050; AS 16.40.100; AS 16.40.145 AS 16.05.092; AS 16.40.105; AS 16.40.160 AS 16.05.340; AS 16.40.110
Eff. 4/10/88, Register 106; am 8/12/89, Register 111; am 6/17/2001, Register 158; am 1/20/2002, Register 161; am 5/19/2005, Register 174; am 11/25/2005, Register 176; am 1/29/2010, Register 193; am 11/25/2011, Register 200; am 1/26/2012, Register 201; am 2/16/2013, Register 205

5 AAC 41.245 Acquisition of wild resources {#sec-5-aac-41.245 omnilex-key=us-ak-regs-official--title-5--5 AAC 41.245}

Repealed.

History

Eff. 6/17/2001, Register 158; am 2/13/2004, Register 169; repealed 5/19/2005, Register 174

5 AAC 41.246 Harvest of insignificant population on aquatic farm site {#sec-5-aac-41.246 omnilex-key=us-ak-regs-official--title-5--5 AAC 41.246}

In the course of operating an on-bottom aquatic farm, an aquatic farm operation permit holder may harvest and sell an insignificant population of wild stock of the species, as determined under 5 AAC 41.235, that are approved for culture and occupying the aquatic farm site at the time the permit was issued.

History

Authority: AS 16.05.050; AS 16.40.105 AS 16.40.100; AS 16.40.160
Eff. 11/25/2005, Register 176

5 AAC 41.250 Permit conditions {#sec-5-aac-41.250 omnilex-key=us-ak-regs-official--title-5--5 AAC 41.250}

(a) The commissioner will attach conditions to an aquatic farm or hatchery operation permit, including requirements that a permit holder

(1) improve the productivity of the species intended for culture according to the operation and development plan;

(2) limit an aquatic farm or hatchery to the culture of species approved by the department;

(3) not store or otherwise possess animals or aquatic plants of the same species being cultured that have been commercially or recreationally harvested, unless the commercially or recreationally harvested animals or aquatic plants are clearly separated from cultured species, labeled, and if applicable, accompanied with a receipt of purchase;

(4) repealed 1/26/2012;

(5) prevent aquatic farm and hatchery operations from significantly altering an established use of fish and wildlife resources;

(6) conduct aquatic farm and hatchery operations in a manner that avoids significantly affecting fish, wildlife, and their habitats in an adverse manner;

(7) avoid adverse effects of predator exclusion methods on the environment and incidental species;

(8) report all acquisitions of wild stock of the species intended for culture;

(9) report observations of non-native or exotic species occurring on the aquatic farm site;

(10) except for wild stock removed by a common property fishery, as provided in AS 16.40.100(e), upon termination of a permit for on-bottom culture, leave an approximate number of the species that were approved for culture on the aquatic farm site sufficient to restore the population to the level that was present when the site was permitted for use as an aquatic farm or hatchery;

(11) if the commissioner authorizes the removal and sale of the excess amount of wild stock from an aquatic farm site under AS 16.40.100(f), pay reasonable compensation to the state as determined by the commissioner under this paragraph for the harvest and sale of the excess wild stock; the commissioner will specify a reasonable amount of time, not to exceed five years, in the operation permit for the permit holder to harvest and sell the excess amount of wild stock; for the purposes of this paragraph, the commissioner determines that reasonable compensation is a proportion of whichever is the greater of the average exvessel price paid in the most recent commercial fishery or the amount paid at the first point of sale; the proportion for

(A) live geoducks is 21 percent;

(B) processed geoducks is 8 percent;

(b) An aquatic farm or hatchery operation permit will be issued for a period of 10 years.

(c) If the commissioner determines that the holder of an aquatic farm or hatchery operation permit is not complying with the permit conditions, or is not in compliance with the provisions of AS 16.40.100 - 16.40.199 or 5 AAC 41.200 - 5 AAC 41.400, the commissioner will notify the permit holder in writing of the non-compliance. Within 30 days after the date of the notification, the permit holder shall provide the commissioner with a plan to correct the noncompliance. If the commissioner approves the plan to correct the non-compliance, the department will notify the permit holder of the approval, and will provide the permit holder 90 days after the date of that notification to implement the plan to comply with the permit conditions. If the permit holder does not comply with the permit conditions within 90 days after the date of the notification, the commissioner may revoke the permit.

History

Authority: AS 16.05.050; AS 16.40.100 AS 16.05.092; AS 16.40.160
Eff. 4/10/88, Register 106; am 8/12/89, Register 111; am 12/16/98, Register 148; am 6/17/2001, Register 158; am 5/19/2005, Register 174; am 11/25/2005, Register 176; am 1/29/2010, Register 193; am 1/26/2012, Register 201; am 4/25/2021, Register 238

5 AAC 41.255 Amendments to aquatic farm or hatchery operation permits {#sec-5-aac-41.255 omnilex-key=us-ak-regs-official--title-5--5 AAC 41.255}

(a) An aquatic farm or hatchery operation permit holder may submit a request to the department for an amendment to the operation permit on the amendment form provided by the department.

(b) The commissioner will issue a decision on the request for an amendment to the operation permit within 30 days after the request is submitted and considered complete by the commissioner.

(c) If the commissioner approves a request for an amendment to the operation permit under this section, the department will amend the operation permit with the approved modifications and permit conditions.

(d) The commissioner or the commissioner's designee may, in the commissioner's or commissioner's designee's own discretion, alter or amend permit terms and conditions if

(1) additional information or unforeseen changes require the relaxation of permit terms or conditions; or

(2) changed circumstances affect the adequacy of permit terms and conditions.

History

Authority: AS 16.05.050; AS 16.40.100; AS 16.40.110 AS 16.05.340; AS 16.40.105; AS 16.40.160
Eff. 6/17/2001, Register 158; am 5/19/2005, Register 174

5 AAC 41.257 Security requirements for wild stock geoduck restoration {#sec-5-aac-41.257 omnilex-key=us-ak-regs-official--title-5--5 AAC 41.257}

(a) Within one year after the harvest of wild stock geoducks on an aquatic farm site begins, the aquatic farm operation permit holder shall provide to the department proof under (b) of this section that the permit holder has reseeded the aquatic farm site where the wild stock geoducks were harvested. The reseeding must be based on a ratio of five hatchery-produced spat to one geoduck harvested. The number of geoducks to be reseeded is based on the fish ticket data from the sale of wild stock.

(b) The aquatic farm operation permit holder shall submit proof of reseeding information for an aquatic farm site to the department, including the following:

(1) a completed proof of reseeding form provided to the permit holder by the department;

(2) a bill of sale from a state approved hatchery showing purchase of geoduck spat that provides the

(A) number of spat shipped;

(B) name of the permit holder the spat was shipped to; and

(3) a transport permit from a hatchery or nursery showing the transport of spat to the specific aquatic farm site;

(4) repealed 1/26/2012;

(5) repealed 1/26/2012.

(c) An aquatic farm operation permit holder that fails to provide proof of fully reseeding the aquatic farm site within one year after harvest begins as required under this section, shall immediately file with the commissioner a certificate of deposit or security bond in the amount that the commissioner determines is necessary to cover the cost of the purchase of hatchery geoduck spat sufficient to fully reseed the aquatic farm site based on the removal of wild stock geoducks as specified in (a) of this section. An aquatic farm permit holder that fails to provide a certificate of deposit or security bond due to the permit holder's failure to reseed the farm site may result in a forfeiture of the permit holder's aquatic farm operation permit.

(d) The certificate of deposit or security bond will be returned to the aquatic farm operation permit holder if the permit holder provides proof to the commissioner that the reseeding of the stock has occurred at the aquatic farm site as specified in (b) of this section. The commissioner will return the certificate of deposit or security bond to the permit holder no later than three months after the commissioner has determined that the permit holder has complied with the reseeding of wild stock requirements.

(e) If the aquatic farm operation permit holder fails to meet the restoration of wild stock requirements upon termination of the aquatic farm site lease and operation permit, the permit holder is in violation of the required provisions specified in AS 16.40.100(e), and of this section, and responsible for reimbursing the state for all costs associated with restoring the wild stock geoduck to the populations levels that existed at the aquatic farm site when the farm site was initially permitted.

(f) The provisions of this section do not apply to a person who holds a permit for an aquatic farm site that does not contain wild stock geoducks.

(g) Repealed 1/26/2012.

History

Authority: AS 16.05.050; AS 16.40.100 AS 16.05.092; AS 16.40.160
Eff. 11/25/2005, Register 176; am 1/29/2010, Register 193; am 1/26/2012, Register 201

5 AAC 41.258 Determination of geoduck status {#sec-5-aac-41.258 omnilex-key=us-ak-regs-official--title-5--5 AAC 41.258}

(a) After at least five years from the date of first planting of spat on an aquatic farm site, an aquatic farm operation permit holder may submit a request to the department for an amendment to the operation permit under 5 AAC 41.255 regarding the status of geoducks on the aquatic farm site. The remaining geoducks on an aquatic farm site will be deemed aquatic farm product if the commissioner determines that

(1) an adequate number of spat have been planted based on the permit holder's previous annual reports;

(2) the permit holder has made a reasonable effort to harvest wild stock geoducks contained on the aquatic farm site based on the permit holder's fish tickets; the provisions of this paragraph do not apply to an aquatic farm site that was subjected to a common property fishery or where the department has survey or other data indicating that an insignificant population of wild stock geoducks, as determined under 5 AAC 41.235, exists on the site;

(3) the permit holder has engaged in activities to improve the productivity of the geoducks according to the operation and development plan;

(4) identifying wild stock from aquatic farm product is no longer practicable.

(b) The provisions of this section do not apply to a person who holds a permit for an aquatic farm site that does not contain wild stock geoducks.

(c) A determination under this section does not relieve the aquatic farm operation permit holder from complying with the restoration requirements under AS 16.40.100(e) and 5 AAC 41.257 for wild stock geoducks harvested before the date of a determination under (a) of this section.

History

Authority: AS 16.05.050; AS 16.40.100 AS 16.05.092; AS 16.40.160
Eff. 1/26/2012, Register 201

5 AAC 41.260 Inspection of an aquatic farm or hatchery {#sec-5-aac-41.260 omnilex-key=us-ak-regs-official--title-5--5 AAC 41.260}

(a) An aquatic farm or hatchery operation permit holder shall retain a copy of the operation permit, including any amendments, and make it available upon the request of a representative of the department or the Department of Public Safety.

(b) For the purpose of inspecting and monitoring compliance with the terms of the aquatic farm or hatchery operation permit or the requirements of this chapter, an aquatic farm or hatchery operation permit holder shall allow inspection of the aquatic farm or hatchery site by a representative of the department if the department notifies the permit holder at least 48 hours before the inspection.

(c) If an aquatic farm or hatchery operator is not in compliance with the terms and conditions of the operation permit for the facility, the commissioner will issue a notice of non-compliance under 5 AAC 41.250.

(d) Nothing in this section precludes the enforcement of other fish and game laws and regulations.

History

Authority: AS 16.05.050; AS 16.40.100; AS 16.40.160 AS 16.05.092; AS 16.40.150
Eff. 4/10/88, Register 106; am 8/12/89, Register 111; am 12/16/98, Register 148; am 6/17/2001, Register 158; am 5/19/2005, Register 174

5 AAC 41.270 Fish ticket; reporting requirement and annual report {#sec-5-aac-41.270 omnilex-key=us-ak-regs-official--title-5--5 AAC 41.270}

(a) At least 24 hours before the landing of each harvest of wild stock harvested from the permit holder's aquatic farm site, the permit holder must notify, during business hours, a representative of the department by telephone. The notification must include

(1) an estimate of the number of pounds of wild stock the aquatic farm permit holder intends to land;

(2) where the first place of landing will be; and

(3) the anticipated time of the landing.

(b) An aquatic farm permit holder must allow an inspection of the permit holder's harvest of wild stock by an employee of the department or a peace officer of the state upon request.

(c) An aquatic farm permit holder who harvests wild stock from the permit holder's aquatic farm site must complete an ADF&G fish ticket at the time of landing. At the time of landing, the ADF&G fish ticket must include the

(1) information provided on the CFEC interim use permit card;

(2) aquatic farm site permit number; and

(3) the number of pounds harvested.

(d) In addition to the information required in (c) of this section, at the time of initial point of sale, the ADF&G fish ticket must include

(1) the price paid per pound; and

(2) whether the product was sold live or processed.

(e) The department will distribute an annual report form to aquatic farm and hatchery operation permit holders during each calendar year for completion and return to the department no later than January 31 of the following year. The report must detail the activities of the aquatic farm or hatchery for the previous year, including any reports required as a condition of the aquatic farm or hatchery operation permit. The department will mail the annual report form to the most recent address of the permit holder on file. A permit holder is responsible for keeping the department informed of the permit holder's current address. Failure to receive an annual report form does not relieve a permit holder of the annual report requirement of this section.

(f) Records and reports required under AS 16.40 and this chapter are confidential and may only be released, as specified under AS 16.40.155.

(g) For the purposes of this section,

(1) "business hours" means Monday through Friday, except a state holiday, from 8:00 a.m. until 5:00 p.m.;

(2) "landing" means the act of offloading shellfish for sale or for transport to a buyer for later sale;

(3) "representative of the department" means the employee of the department that is assigned by the department to receive notification under this section.

History

Authority: AS 16.05.050; AS 16.40.100; AS 16.40.160 AS 16.05.092; AS 16.40.155
Eff. 4/10/88, Register 106; am 8/12/89, Register 111; am 12/16/98, Register 148; am 6/17/2001, Register 158; am 11/25/2005, Register 176; am 1/29/2010, Register 193; am 1/26/2012, Register 201

5 AAC 41.275 Annual Hatchery Management Plan {#sec-5-aac-41.275 omnilex-key=us-ak-regs-official--title-5--5 AAC 41.275}

Repealed.

History

Eff. 6/17/2001, Register 158; repealed 5/19/2005, Register 174

5 AAC 41.276 Hatchery management plans and reports {#sec-5-aac-41.276 omnilex-key=us-ak-regs-official--title-5--5 AAC 41.276}

(a) The annual report form specified in 5 AAC 41.270(e) will include the brood stock acquisitions and production by species conducted by a permitted hatchery the previous year and other information requested by the commissioner.

(b) No later than January 15 of each year, a hatchery operation permit holder shall provide an updated annual management plan to the department. The annual hatchery management plan must include the following:

(1) anticipated brood stock acquisition needs;

(2) number of species to be collected;

(3) location of species to be collected;

(4) schedule of species collection;

(5) anticipated transports;

(6) projected availability of seed stocks for the upcoming year.

(c) A hatchery operation permit holder shall manage the hatchery in accordance with a basic management plan approved by the commissioner. The basic management plan shall be drafted in conjunction with departmental staff and the hatchery permit holder and filed as an addendum to the current permit approved by the commissioner and is to be revised whenever changes are necessary or at least every five years.

History

Authority: AS 16.05.050; AS 16.40.100 AS 16.05.092; AS 16.40.160
Eff. 1/29/2010, Register 193

5 AAC 41.277 Marking requirement for aquatic farm or hatchery site {#sec-5-aac-41.277 omnilex-key=us-ak-regs-official--title-5--5 AAC 41.277}

An aquatic farm or hatchery site must be marked as follows:

(1) for a suspended culture operation, an identification surface buoy or sign with the name, physical address, and telephone number of the principal operator with legible numbers and letters that are at least one and one-half inches high and one-quarter inch wide in a color that contrasts with the background must be placed on one corner of the suspended culture operation;

(2) for an intertidal culture operation, on-bottom delineation must be visibly marked with a weighted marker or stake that is

(A) adequately secured and placed on all corners of the site parcel; or

(B) if the site is not fully operational, placed on all corners of the operational area within the coordinates of the site parcel defined in the operation permit;

(3) for a subtidal culture operation,

(A) on-bottom delineation must be visibly marked with a weighted marker or stake that is

(i) anchored securely and placed on all corners of the site parcel; or

(ii) if the site is not fully operational, placed on all corners of the operational area within the coordinates of the site parcel defined in the operation permit;

(B) during harvest activity, surface buoys must be placed on the corners of the site.

History

Authority: AS 16.05.050; AS 16.40.100 AS 16.05.092; AS 16.40.160
Eff. 1/26/2012, Register 201

5 AAC 41.280 Permit renewal or transfer {#sec-5-aac-41.280 omnilex-key=us-ak-regs-official--title-5--5 AAC 41.280}

(a) At least 30 days before the expiration date of the operation permit or the date of transfer, an aquatic farm or hatchery operation permit holder must apply for the renewal or transfer of an operation permit by submitting the

(1) renewal or transfer form provided by the department; and

(2) $100 renewal or transfer fee.

(b) The commissioner will issue a renewal or transfer of an aquatic farm or hatchery operation permit if the commissioner determines that the

(1) applicant meets the requirements of (a) of this section;

(2) applicant has complied with terms and conditions of the operating permit; and

(3) aquatic farm or hatchery operation continues to demonstrate technical and operational feasibility.

(c) A permit holder may continue operations under the existing operation permit, unless the commissioner denies the application for renewal or transfer.

History

Authority: AS 16.05.050; AS 16.40.100; AS 16.40.110 AS 16.05.092; AS 16.40.105; AS 16.40.160
Eff. 8/12/89, Register 111; am 6/17/2001, Register 158; am 5/19/2005, Register 174

5 AAC 41.285 Aquatic stock acquisition on an aquatic farm site {#sec-5-aac-41.285 omnilex-key=us-ak-regs-official--title-5--5 AAC 41.285}

Wild stock of the species identified for culture in the operation permit that settle on an aquatic farm, hatchery site, or culture gear, become the property of the aquatic farm or hatchery operation permit holder as a condition of the operation permit.

History

Authority: AS 16.05.050; AS 16.40.100; AS 16.40.160 AS 16.05.092; AS 16.40.120
Eff. 5/19/2005, Register 174

5 AAC 41.290 Aquatic stock acquisition from outside an aquatic farm site {#sec-5-aac-41.290 omnilex-key=us-ak-regs-official--title-5--5 AAC 41.290}

(a) A person, including an aquatic farm or hatchery operation permit holder, intending to collect wild stock from outside an aquatic farm site, for the purpose of providing broodstock or seed stock to an aquatic farm or hatchery, or an aquatic farm or hatchery operator intending to acquire wild stock for culture, must obtain an aquatic stock acquisition and transport permit from the commissioner. An applicant shall apply on an aquatic stock acquisition and transport permit form provided by the department at least 30 days before the proposed acquisition.

(b) To determine whether wild stock is necessary to meet the initial needs of an aquatic farm or hatchery, the commissioner will consider if the

(1) applicant has access to seed stock or broodstock from a previously permitted source, including an aquatic farm or hatchery that is operating within the state;

(2) wild stock is fully utilized;

(3) acquisition will impair sustained yield of the species; or

(4) acquisition will unreasonably disrupt an established use of the resource.

(1) a shellfish management plan for the species is set out in this title;

(2) guideline harvest levels or harvest quotas have been established in a shellfish management plan set out in this title, and have been met in recent years;

(3) the fishery for the species is subject to limited entry by the Commercial Fisheries Entry Commission under AS 16.43; and

(4) commercial, sport, personal use, or subsistence fisheries for the species are closed or restricted for conservation reasons.

(d) Acquiring wild stock for immediate harvest and sale to finance aquatic farm or hatchery operations will not be considered to meet the initial needs of the aquatic farm or hatchery.

(e) In addition to the conditions in AS 16.40.120, and as the commissioner determines necessary to protect natural fish and wildlife resources and their habitat, the commissioner may attach conditions to an aquatic stock acquisition and transport permit.

(f) An aquatic stock acquisition and transport permit must be in the possession of the permit holder or the permit holder's authorized agent in physical possession of the organisms being collected and transported, and available for inspection upon request by a representative of the department or the Department of Public Safety.

History

Authority: AS 16.05.050; AS 16.40.100; AS 16.40.160 AS 16.05.092; AS 16.40.120
Eff. 8/12/89, Register 111; am 6/17/2001, Register 158; am 5/19/2005, Register 174

5 AAC 41.295 Stock transport permits {#sec-5-aac-41.295 omnilex-key=us-ak-regs-official--title-5--5 AAC 41.295}

(a) A transfer of stock to, from, or between an aquatic farm, hatchery, or stock acquisition site may not occur without a stock transport permit issued by the commissioner. An applicant shall apply on a stock transport permit application form provided by the department and submit the application form to the department at least 45 days before date of transport.

(b) Before an applicant submits a stock transport permit application to the department under this section, the supplier of the stock must contact the department to arrange to send samples of the stock intended for transport. The department will conduct a health inspection of the samples. Within 120 days after receipt of the supplier's samples of stock, the department will provide a written disease history report to the supplier of the stock to notify the supplier that the

(1) current disease history report is acceptable and that no further inspection is required;

(2) health inspection detected the presence of pathogens or parasites of a type that make transport

(A) acceptable under specified conditions; or

(B) unacceptable.

(c) Transport of stock between aquatic farm, hatchery, or stock acquisition sites will be approved, without an inspection and report required in (b) of this section, if the commissioner determines that either

(1) the disease history for the stock on site is acceptable based on previous laboratory examination of samples;

(2) the risk of disease transmission between sites is minimal; or

(3) the sites are within the larval drift zone for wild stock of the species.

(d) Transport of stock, other than geoduck, between aquatic farm, hatchery, or stock acquisition sites will be limited to waters within an approved larval drift zone of the state.

(e) This section does not apply to aquatic farm products that are

(1) sold or transferred to commercial markets or consumers; and

(2) not intended for additional exposure to waters of the state.

(f) For the purposes of this section, "larval drift zone" includes all coastal and island areas in

(1) Southeastern Alaska, from the Canadian border north to Cape St. Elias;

(2) Prince William Sound and Cook Inlet, from Cape St. Elias west and south to Cape Igvak, including Kodiak Island;

(3) Chignik and the Alaska Peninsula-Aleutian Islands, from Cape Igvak west to the tip of Unimak Island;

(4) the Aleutian Islands, including all islands west of Unimak Pass;

(5) the southeast Bering Sea and north Alaska Peninsula, from the westernmost tip of Unimak Island north to the Kuskokwim River, including the Pribilof Islands; and

(6) the northeast Bering Sea, including all coastal islands north of the Kuskokwim River.

History

Authority: AS 16.05.050; AS 16.40.120; AS 16.40.160 AS 16.05.092; AS 16.40.140 AS 16.40.100; AS 16.40.145
Eff. 6/17/2001, Register 158; am 5/19/2005, Register 174; am 2/16/2013, Register 205

5 AAC 41.300 Limitations on sale, transfer of stock, and products {#sec-5-aac-41.300 omnilex-key=us-ak-regs-official--title-5--5 AAC 41.300}

Repealed.

History

Eff. 8/12/89, Register 111; am 12/16/98, Register 148; repealed 6/17/2001, Register 158

5 AAC 41.310 Disease control and inspection {#sec-5-aac-41.310 omnilex-key=us-ak-regs-official--title-5--5 AAC 41.310}

(a) The department will continue to develop and implement a statewide fish health program in accordance with AS 16.40.150 and 5 AAC 41.001 - 5 AAC 41.400.

(b) An aquatic farm operation permit holder shall submit a verbal incident report within 48 hours when a significant loss occurs that is attributable to disease. An incident report shall be initiated by phoning the department pathology laboratory in Anchorage or Juneau.

(c) A written report related to each incident shall be submitted to the department within 15 days after discovery of the incident. A written report must include, at a minimum,

(1) a description of the nature of the incident;

(2) the cause of the incident;

(3) the time of the incident;

(4) the effect on the stocks and aquatic farm products;

(5) corrective action taken and proposed measures to eradicate future problems; and

(6) an assessment of the general impact on the program.

(d) Repealed 12/16/98.

(e) Diseased stocks and aquatic farm products shall be managed in the manner prescribed by the department in accordance with AS 16.40.150 and 5 AAC 41.001 - 5 AAC 41.400.

(f) In this section, "significant" means equal to or greater than 0.5 percent a day.

History

Authority: AS 16.05.050; AS 16.40.100; AS 16.40.160 AS 16.05.092; AS 16.40.150
Eff. 8/12/89, Register 111; am 12/16/98, Register 148

5 AAC 41.390 Appeal process {#sec-5-aac-41.390 omnilex-key=us-ak-regs-official--title-5--5 AAC 41.390}

(a) A person adversely affected by the commissioner's decision under 5 AAC 41.240, 5 AAC 41.250, 5 AAC 41.255, or 5 AAC 41.280 may request that the commissioner reconsider that decision under this section only if the person has new or additional information relevant to the decision.

(b) A request for reconsideration must be in writing and received by the commissioner within 30 days after the date of the decision.

(c) Within 30 days after receiving the request for reconsideration, the commissioner will issue a written decision granting or denying the request for reconsideration. If the commissioner does not act on the request for reconsideration within 30 days after receiving the request, the request is denied. If the commissioner grants the request for reconsideration, the commissioner will either affirm the original decision or issue a new or modified decision based on the new or additional information.

(d) The commissioner's decision on reconsideration or denial of reconsideration under this section is the final administrative decision for purposes of appeal to the superior court under AS 22.10.020.

History

Authority: AS 16.05.050; AS 16.40.160
Eff. 5/19/2005, Register 174

5 AAC 41.400 Definitions {#sec-5-aac-41.400 omnilex-key=us-ak-regs-official--title-5--5 AAC 41.400}

Unless the context requires otherwise, in 5 AAC 41.200 - 5 AAC 41.400,

(1) "aquatic farm" has the meaning given in AS 16.40.199;

(2) "aquatic farm product" has the meaning given in AS 16.40.199;

(3) "aquatic farm site" means a tract of land permitted and used for commercial production of aquatic farm products;

(4) "broodstock" means specimens of a species collected to produce seed stock;

(5) "commissioner" means the commissioner of fish and game;

(6) "culture" means to use or the use of methods to manipulate the biology and the physical habitat of a desired species to optimize survival, density, growth rates, uniformity of size, and use of the available habitat, and to efficiently produce a product suitable for a commercial market;

(7) "department" means the Department of Fish and Game;

(8) "established use"

(A) means a

(i) commercial fishery that is subject to limited entry under AS 16.43, or to permit, registration, management, or other authorization requirements under this title;

(ii) sport fishery that occurs with historical regularity, as indicated by department field surveys, creel census sampling, sport use surveys, or other reliable sources of information or validated testimony;

(iii) personal use fishery that occurs with historical regularity, as indicated by personal use permit reports, department field surveys, personal use surveys, or other reliable sources of information or validated testimony;

(iv) subsistence fishery that occurs with historical regularity, as indicated by subsistence permit reports, department field surveys, community use surveys, or other reliable sources of information or validated testimony;

(B) does not include an experimental fishery;

(9) "hatchery" has the meaning given in AS 16.40.199;

(10) "improve the productivity" means to increase the abundance or harvestable biomass of a species over time;

(11) "insignificant population" has the meaning given in AS 16.40.199;

(12) "positive control" has the meaning given in AS 16.40.199;

(13) "predator exclusion" means to hinder or prevent a predator from reaching or consuming aquatic farm products;

(14) "seed stock" means life stages of invertebrates that require a period of culture under positive control before reaching marketable size or quality;

(15) "shellfish" has the meaning given in AS 16.40.199;

(16) "species intended for culture" means the species of aquatic plant or animal that an applicant proposes to culture under positive control;

(17) "stock" has the meaning given in AS 16.40.199;

(18) "wild stock" means animals or plants that seed and occupy a site through natural processes.

History

Authority: AS 16.05.020; AS 16.05.340; AS 16.40.160 AS 16.05.092; AS 16.40.100
Eff. 4/10/88, Register 106; am 8/12/89, Register 111; am 6/17/2001, Register 158; am 5/19/2005, Register 174; am 11/25/2005, Register 176

Article 5 Aquarium Stocking

5 AAC 41.500 Aquarium stocking {#sec-5-aac-41.500 omnilex-key=us-ak-regs-official--title-5--5 AAC 41.500}

(a) Aquarium stocking for commercial display, as defined in 5 AAC 41.899, may occur, subject to the requirements of this chapter, only if authorized under an aquarium stocking permit from the commissioner, and unless the specimens are commercially harvested, only if the commissioner determines that there is an educational component to the commercial display.

(b) Aquarium stocking permits may contain terms as the commissioner deems appropriate to protect fishery resources and prevent impacts to other user groups.

(c) Aquarium stocking permits may not be issued to any permit applicant for collection of more than four specimens of any single species that the Alaska Commercial Fisheries Entry Commission has established a maximum number of permits or that is subject to a regulatory or statutory moratorium on entry unless the commissioner determines the purchase of live specimens from a commercial fisherman is not practicable. Additional specimens may be obtained if purchased from a commercial fisherman.

(d) Outside of established or experimental commercial fisheries, the commissioner shall not permit harvest of significant numbers of any species from any area for commercial aquarium purposes.

(e) The commissioner shall not permit harvest of any species for commercial display purposes outside of an established or experimental commercial fishery if the commissioner determines that the purchase of live specimens taken in a commercial fishery is practicable, or would have been practicable if properly planned. In determining whether purchase from a commercial fisherman is or would have been practicable, the commissioner shall consider the number of specimens needed, the distance to areas where the species can be commercially harvested, and the expected lifespan of specimens held in captivity.

(f) The commissioner shall not permit harvest of any species for aquarium stocking purposes if the commissioner determines that the cumulative effects of allowing the harvest could negatively impact sport, personal use, subsistence, or commercial fisheries.

(g) The commissioner shall not permit harvest of any species for aquarium stocking purposes if the area where the harvest is proposed is closed to sport, personal use, and subsistence harvest.

(h) The commissioner shall not issue permits authorizing harvest for aquarium stocking that are effective for more than one year. The commissioner may modify or revoke permits authorizing harvest for aquarium stocking by emergency order if the commissioner determines that the terms of the permit have been violated or that the permit may be detrimental to the resource or other users.

(i) Specimens held in an aquarium may not be released to the natural waters of the state unless specifically authorized by the commissioner under the terms of a scientific or educational permit.

(j) Nothing in this section is intended to preclude the commissioner from adopting more restrictive regulations or from further restricting take for aquarium stocking by emergency order.

(k) A facility engaged in aquarium stocking or in commercial display of fish native to this state shall, upon request, permit inspection of the aquarium by a local representative of the department or a peace officer of the state, and shall upon request provide copies of records documenting the sources of specimens on display.

(l) Nothing in this section is intended to preclude the display of fish taken under a scientific or educational permit for purposes other than display if the display is also allowed under the terms of the permit.

History

Authority: AS 16.05.020; AS 16.05.251; AS 16.05.340 AS 16.05.060; AS 16.05.270
Eff. 3/14/2008, Register 186; am 7/1/2008, Register 186; am 1/10/2018, Register 225

5 AAC 41.505 Reporting {#sec-5-aac-41.505 omnilex-key=us-ak-regs-official--title-5--5 AAC 41.505}

A permit holder must submit an annual report to the commissioner for each aquarium stocking permit held by the permit holder. Reports are public information. The commissioner will not issue another aquarium stocking permit to a permit holder unless the permit holder has complied with the reporting requirements of this section and met other applicable requirements.

(a) The report shall include: number of each species collected, date and place taken, disposition of the specimens, and, if applicable, sex, life stage, age, lengths and weights of organisms, and any other information specified in the permit.

(b) If a project involving the holding of specimens will continue past the permit expiration date, a report and new application must be submitted before expiration to ensure a new permit authorizes the continued holding of the specimens.

History

Authority: AS 16.05.020; AS 16.05.251; AS 16.05.270
Eff. 1/10/2018, Register 225

5 AAC 41.599 Definitions {#sec-5-aac-41.599 omnilex-key=us-ak-regs-official--title-5--5 AAC 41.599}

Repealed.

History

Eff. 3/14/2008, Register 186; am 7/1/2008, Register 186; repealed 1/10/2018, Register 225

Article 6 Scientific and Educational Projects

5 AAC 41.600 General {#sec-5-aac-41.600 omnilex-key=us-ak-regs-official--title-5--5 AAC 41.600}

The provisions of this section govern aquatic resource permits required for collection, transport, possession, propagation, or release of aquatic organisms for scientific or educational purposes. Aquatic resource permits for scientific or educational purposes will be issued only to those organizations and individuals who meet the departmental requirements specified in this chapter.

History

Authority: AS 16.05.020; AS 16.05.251; AS 16.05.340
Eff. 1/10/2018, Register 225

5 AAC 41.610 Permit Classifications {#sec-5-aac-41.610 omnilex-key=us-ak-regs-official--title-5--5 AAC 41.610}

(a) The commissioner may issue an aquatic resource permit for scientific and educational activities:

(1) to authorize collection, transport, or possession of aquatic organisms; to qualify, an applicant must be involved in scientific or educational activities;

(2) to authorize propagation of aquatic organisms; to qualify, an applicant must be involved in scientific or educational research activities; a permit issued under this paragraph may include specifications as follows:

(A) for classroom incubation projects, to authorize the permit holder to collect up to 500 eggs or one spawning pair, transport, hold alive, and release aquatic organisms.

(B) for vocational, technical, and post-secondary school programs, to authorize the permit holder to collect eggs, transport, hold alive, and release aquatic organisms as follows:

(i) salmonids: may collect up to 50,000 eggs or equivalent in spawning pairs;

(ii) invertebrates and aquatic plants: may collect the number necessary to achieve educational objectives;

(C) for propagative research, to authorize accredited institutions of higher learning, or federal, state, local, tribal entities, and persons or entities cooperating therewith to collect, propagate, transport, and release aquatic organisms for purposes of propagative research as follows:

(i) finfish: may collect the number necessary to achieve the objectives of the research, not to exceed the number of eggs expected to result in 5,000 or fewer adults;

(ii) invertebrates and aquatic plants: may collect the number necessary to achieve the objectives of the research.

(b) The department may require inspection and approval of activities in subsection (a) by the appropriate fish pathology section of the department's division of commercial fisheries, or by a person designated by the fish pathology section, genetic sampling, and additional conditions for fisheries management and conservation needs, including review by a regional planning team.

(c) any resultant aquatic organisms from a project are considered common property and may not be claimed for cost recovery or any other reason.

History

Authority: AS 16.05.020; AS 16.05.251; AS 16.05.340
Eff. 1/10/2018, Register 225

5 AAC 41.620 Reporting {#sec-5-aac-41.620 omnilex-key=us-ak-regs-official--title-5--5 AAC 41.620}

The department may require that the holder of an aquatic resource permit submit a collection report and a completion report. Reports are public information. The commissioner will not issue another permit to an aquatic resource permit holder unless the permit holder has complied with the reporting requirements of this section and met other applicable requirements.

(1) A collection report must be submitted to the department within 30 days after the expiration date of the permit, unless otherwise specified. The report shall include: number of each species collected, date and place taken, disposition of the specimens, and, if applicable, sex, life stage, age, lengths and weights of organisms, and any other information specified in the permit.

(2) If a project involving the holding of specimens will continue past the permit expiration date, a collection report and new application must be submitted before expiration to ensure a new permit authorizes the continued holding of the specimens.

(3) A completion report detailing the results and findings of any data analysis for the project must be submitted to the department within six months of the expiration of the permit, as specified in the permit.

History

Authority: AS 16.05.020; AS 16.05.251
Eff. 1/10/2018, Register 225

5 AAC 41.630 Restrictions {#sec-5-aac-41.630 omnilex-key=us-ak-regs-official--title-5--5 AAC 41.630}

(a) Aquatic organisms collected for scientific or educational purposes may only be used for the purposes specified in the aquatic resource permit.

(b) Collected aquatic organisms may be transferred to other entities for scientific or educational purposes only as specified in the permit.

(c) For any species to be collected or held that require a federal permit, the applicant must obtain the federal permit and submit a copy of it with the application for an aquatic resource permit.

(d) Sampling or collecting activities must stop when the maximum number of specimens allowed under the permit is obtained. All aquatic organisms collected must be documented, and any aquatic organisms collected in excess of the number allowed under the permit must be released immediately and unharmed at the capture location, unless otherwise specified in the permit. All unintended mortalities must be recorded and returned to the capture site unless otherwise specified in the permit.

(e) All unattended capture devices must be labeled with the permit holder's name and permit number.

(f) Specific approval is required for any marking or tagging.

History

Authority: AS 16.05.020; AS 16.05.251; AS 16.05.340
Eff. 1/10/2018, Register 225

Article 7 Definitions

5 AAC 41.899 Definitions {#sec-5-aac-41.899 omnilex-key=us-ak-regs-official--title-5--5 AAC 41.899}

In addition to the definitions set out in AS 16.05.940 and AS 16.40.199, in 5 AAC 41.001 - 5 AAC 41.799

(1) "aquaculture" means the cultivation of aquatic animals, including aquatic fish and invertebrates, under positive control;

(2) "aquarium stocking"

(A) means the taking of fish from the natural waters of the state or placement of fish originating from the natural waters of the state for purposes of live display;

(B) does not include placement of fish taken in a commercial fishery in a live tank for sale or resale;

(3) "aquatic organism" means amphibians, fish, aquatic invertebrates, and aquatic plants in any stage of its life cycle, found in or introduced into the state, and includes any part of such amphibian, fish, aquatic invertebrate, or aquatic plant;

(4) "commercial display" means the display of live fish where a fee is charged for admission to the viewing area or where viewing is limited to guests of an establishment which sells merchandise, transportation, services, or accommodations;

(5) "marking and tagging" means all forms of skin alterations, fin clipping or other mutilation, or insertion of foreign materials in live fish or other procedures that permit later identification;

(6) "ornamental fish" means live marine or freshwater organisms commonly known as a "tropical fish," "aquarium fish," or "goldfish," including aquarium plants, invertebrates, and amphibians, which:

(A) are not used for sport fishing, human consumption, or bait purposes;

(B) are maintained in closed systems for personal, pet industry, or hobby purposes;

(D) will not be placed in waters or lands of the state;

(E) are not capable of surviving in the wild in Alaska;

(F) are not capable of causing a genetic alteration of a species that is indigenous to Alaska;

(G) are not capable of causing a significant reduction in the population of a species that is indigenous to Alaska; and

(H) are not capable of transmitting a disease to a species that is indigenous to Alaska;

(7) "vocational" is education and training in a skill or trade related to the biology or culturing of aquatic organisms.

History

Authority: AS 16.05.020; AS 16.05.270 AS 16.05.251; AS 16.05.340
Eff. 1/10/2018, Register 225; am 9/24/2021, Register 239

Part 2 Sport Fishing and Personal Use Fishery

Chapter 46 (Repealed and Expired)

History

Eff. 6/7/89, Register 110; am 4/30/91, Register 118; repealed 4/15/94, Register 130

5 AAC 46.020 Bag limits, possession limits, and size limits {#sec-5-aac-46.020 omnilex-key=us-ak-regs-official--title-5--5 AAC 46.020}

Repealed.

History

Eff. 5/15/92, Register 122; repealed 4/15/94, Register 130

5 AAC 46.060 Sport fishing from commercially licensed vessels; charter vessel registration {#sec-5-aac-46.060 omnilex-key=us-ak-regs-official--title-5--5 AAC 46.060}

Repealed.

Chapter 47 Southeast Alaska Area

5 AAC 47.001 Application of this chapter {#sec-5-aac-47.001 omnilex-key=us-ak-regs-official--title-5--5 AAC 47.001}

This chapter applies to sport fishing in the Southeast Alaska Area, including all drainages that flow into the Southeast Alaska Area.

History

Authority: AS 16.05.251
Eff. 4/15/94, Register 130

5 AAC 47.005 Description of the Southeast Alaska Area {#sec-5-aac-47.005 omnilex-key=us-ak-regs-official--title-5--5 AAC 47.005}

The Southeast Alaska Area consists of all salt waters of Alaska east of the longitude of Cape Suckling (144° W. long.) and north of the International Boundary at Dixon Entrance, and all freshwater drainages flowing into these salt waters.

History

Authority: AS 16.05.251
Eff. 4/15/94, Register 130; am 3/11/2001, Register 157; am 6/1/2003, Register 166

5 AAC 47.010 Code key for open fishing seasons {#sec-5-aac-47.010 omnilex-key=us-ak-regs-official--title-5--5 AAC 47.010}

Repealed.

History

Eff. 4/15/94, Register 130; am 5/25/97, Register 142; am 5/25/2000, Register 154; repealed 6/1/2003, Register 166

5 AAC 47.020 General provisions for seasons and bag, possession, annual, and size limits for the salt waters of the Southeast Alaska Area {#sec-5-aac-47.020 omnilex-key=us-ak-regs-official--title-5--5 AAC 47.020}

Unless otherwise specified through an emergency order issued under AS 16.05.060, and subject to the special provisions under 5 AAC 47.021 and the provisions of 5 AAC 47.030 - 5 AAC 47.095, the following are the general provisions for the seasons and bag, possession, annual, and size limits that apply to sport fishing for finfish and shellfish in the salt waters of the Southeast Alaska Area:

(1) king salmon: may be taken from January 1 - December 31; must be 28 inches or greater in length; the commissioner shall establish bag, possession, and annual limits as specified in 5 AAC 47.055; a harvest record is required for a nonresident as specified in 5 AAC 75.006;

(2) salmon, other than king salmon: may be taken from January 1 - December 31; no annual limit; no size limit; bag and possession limits, as follows:

(A) 16 inches or greater in length; bag limit of six fish per species; possession limit of 12 fish per species;

(B) less than 16 inches in length; bag and possession limit of 10 fish in combination;

(3) rainbow and cutthroat trout, in combination: may be taken from January 1 - December 31; bag and possession limit of two fish; no annual limit; must be no less than 11 inches and no greater than 22 inches in length;

(4) steelhead: may be taken from January 1 - December 31; bag limit of one fish; possession limit of two fish; must be 36 inches or greater in length; annual limit of two fish; a harvest record is required as specified in 5 AAC 75.006;

(5) Dolly Varden: may be taken from January 1 - December 31; bag and possession limit of 10 fish; no annual limit; no size limit;

(6) halibut may be taken only from February 1 - December 31; bag limit of two fish; possession limit of four fish; no annual limit; no size limit;

(7) lingcod: may be taken only from May 16 - November 30; bag limit of two fish; possession limit of four fish; no size limit;

(8) rockfish may be taken from January 1 - December 31, as follows:

(A) pelagic rockfish: bag limit of three fish; possession limit of six fish; no annual limit; no size limit;

(B) slope rockfish as defined in 5 AAC 39.975: bag limit of one fish; possession limit of two fish;

(i) resident: bag limit of one fish; possession limit of two fish; no annual limit; no size limit;

(ii) nonresident: bag limit of one fish; possession limit of one fish; annual limit of one fish;

(D) repealed 6/27/2025;

(9) sharks may be taken only as specified in 5 AAC 75.012;

(10) abalone: no open season; may not be taken or possessed;

(11) Dungeness and Tanner crab, in combination: Dungeness crab may be taken from January 1 - December 31; Tanner crab may be taken only from July 1 - June 15; bag and possession limit of three crab, in combination; no annual limit; only male crab may be taken; size limits, as follows:

(A) Dungeness crab: must be six and one-half inches or greater in shoulder width; for the purposes of this subparagraph, the shoulder width measurement of Dungeness crab is the straight-line distance across the carapace immediately anterior to the tenth anterolateral spine, not including the spines;

(B) Tanner crab: must be five and one-half inches or greater in carapace width;

(12) king crab: no open season; may not be taken or possessed;

(13) geoducks: no open season; may not be taken or possessed;

(14) razor clams: may be taken from January 1 - December 31; bag and possession limit of 10 clams; no annual limit; no size limit;

(15) scallops: may be taken from January 1 - December 31, as follows:

(A) rock scallops: bag and possession limit of five scallops; no annual limit; no size limit;

(B) weathervane scallops: bag and possession limit of 10 scallops; no annual limit; no size limit;

(16) shrimp: may only be taken from May 1 - February 28 under a permit issued by the department; a harvest recording form under 5 AAC 75.016 is required; bag and possession limit of three pounds or three quarts; no annual limit;

(17) sablefish: may be taken from January 1 - December 31, as follows:

(A) resident: bag limit of six fish; possession limit of six fish; no annual limit; no size limit;

(B) nonresident: bag limit of four fish; possession limit of four fish; no size limit; annual limit of eight fish; a harvest record is required as specified in 5 AAC 75.006;

(18) other saltwater finfish and shellfish species not specified in this section: may be taken from January 1 - December 31; no bag, possession, annual, or size limits;

(19) in waters of the exclusive economic zone, between three nautical miles and 200 nautical miles offshore, regulations shall be the same for state residents and nonresidents; if regulations differentiate between state residents and nonresidents, nonresident regulations apply to all anglers when sport fishing in the exclusive economic zone; unless otherwise specified in this title, resident harvest in state waters is exempt from annual limits.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 4/15/94, Register 130; am 5/2/97, Register 142; am 8/16/97, Register 143; am 9/28/97, Register 143; am 5/25/2000, Register 154; am 5/19/2001, Register 158; am 6/1/2003, Register 166; am 5/31/2009, Register 190; am 6/21/2009, Register 190; am 7/29/2009, Register 191; am 10/18/2009, Register 192; am 5/11/2012, Register 202; am 7/13/2012, Register 203; am 6/1/2013, Register 206; am 2/23/2014, Register 209; am 6/17/2018, Register 226; am 9/25/2022, Register 243; am 10/16/2022, Register 244; am 6/27/2025, Register 254

5 AAC 47.021 Special provisions for seasons, bag, possession, annual, and size limits, and methods and means for the salt waters of the Southeast Alaska Area {#sec-5-aac-47.021 omnilex-key=us-ak-regs-official--title-5--5 AAC 47.021}

(a) Unless otherwise specified through an emergency order issued under AS 16.05.060, the special provisions in this section apply in the salt waters listed. The special provisions are exceptions to the general provisions specified in 5 AAC 47.020, 5 AAC 47.030, and 5 AAC 47.035, and modify the general provisions only to the extent specified in this section.

(b) In the Yakutat vicinity:

(1) in Ankau Lagoon,

(A) the bag and possession limit for king salmon

(i) 20 inches or greater in length is one fish;

(ii) less than 20 inches in length is 10 fish;

(B) the bag and possession limit for coho salmon 16 inches or greater in length is two fish;

(C) the bag and possession limits for chum, pink, and sockeye salmon 16 inches or greater in length are a bag limit of six fish per species, and a possession limit of 12 fish per species;

(D) the bag and possession limit for salmon, other than king salmon 16 inches or less in length is 10 fish per species;

(E) from August 15 - September 30, sport fishing is prohibited east of a line from Smokehouse Point north to the mainland;

(2) repealed 5/26/2006;

(3) in the waters of Yakutat Village Lagoon shoreward of Mallott Avenue, the bag and possession limit for coho salmon 16 inches or greater in length is two fish;

(4) in all waters between the longitude of Cape Suckling (144° W. long.), and a line running southwest from the westernmost tip of Cape Fairweather at 58° 47.89' N. lat., 137° 56.68' W. long., to the intersection with the seaward limit of the exclusive economic zone at 56° 07.31' N. lat., 114° 44.74' W. long., sport fishing for Dungeness crab is closed;

(5) in all waters of Puget Cove, shoreward of the boundary defined by a line between 59° 33.88' N. lat., 139° 43.86' W. long., and 59° 33.83' N. lat., 139° 42.93' W. long., the bag and possession limit for coho salmon 16 inches or greater in length is two fish.

(c) In the Haines/Skagway vicinity, the waters of Chilkat Inlet north of a line extending from an ADF&G regulatory marker located approximately one mile south of Anchorage Point to an ADF&G regulatory marker located directly north of the Letnikof Cove boat ramp are closed to sport fishing for king salmon from April 15 - July 15.

(d) In the Juneau vicinity: in the waters that are adjacent to the Juneau City and Borough road system to a distance one-quarter mile offshore:

(1) rainbow and cutthroat trout, in combination, must be no less than 14 inches and no greater than 22 inches in length;

(2) the bag and possession limit for Dolly Varden is two fish;

(3) in the waters of Auke Bay, east of a line from Waydelich (Wadleigh) Creek to an ADF&G regulatory marker located approximately one-quarter mile south of the mouth of Auke Creek,

(A) sport fishing for sockeye salmon is closed;

(B) Dolly Varden may be taken only from June 1 - March 31;

(C) snagging or attempting to snag is prohibited; a fish hooked anywhere other than the mouth must be released immediately back into the water;

(4) repealed 7/1/2015;

(5) in the waters of Gastineau Channel within 150 feet of the Channel Wayside fishing dock located near the Macaulay Salmon Hatchery, snagging or attempting to snag is prohibited; a fish hooked anywhere other than in the mouth must be released immediately back into the water.

(e) In the waters of District 11, as described in 5 AAC 33.200(k),

(1) in a year with an allowable catch of Taku River king salmon, the commissioner shall close, by emergency order, the king salmon fishing season on April 24 and immediately reopen a king salmon fishing season in District 11, from April 25 - June 30, during which

(A) a sport fish angler may use two rods;

(B) a resident bag and possession limit is three king salmon, 28 inches or greater in length;

(D) a nonresident annual limit is five king salmon, 28 inches or greater in length;

(2) in a year when there is no allowable catch of Taku River king salmon, in the waters north of a line from Cooper Point to the mouth of Dorothy Creek, king salmon may be taken only from June 15 - April 15;

(3) if sport fishing for shrimp in the waters described in 5 AAC 33.200 as Section 11-A, a harvest recording form is required as specified in 5 AAC 75.016.

(f) In the waters of Mitchell Bay (Salt Lake) in the Admiralty Island vicinity, the bag and possession limit for coho salmon 16 inches or greater in length is six fish.

(g) In the Sitka vicinity:

(1) in the Sitka Sound Special Use Area, defined as that area of Sitka Sound enclosed on the north by lines from Kruzof Island at 57° 20.50' N. lat., 135° 45.17' W. long. to Chichagof Island at 57° 22.05' N. lat., 135° 43' W. long., and from Chichagof Island at 57° 22.58' N. lat., 135° 41.30' W. long. to Baranof Island at 57° 22.28' N. lat., 135° 40.95' W. long., and on the south and west by a line running from the southernmost tip of Sitka Point at 56° 59.38' N. lat., 135° 49.57' W. long. to Hanus Point at 56° 51.92' N. lat., 135° 30.50' W. long. to the green day marker in Dorothy Narrows to Baranof Island at 56° 49.28' N. lat., 135° 22.60' W. long.,

(A) repealed 7/1/2015;

(B) repealed 7/1/2015;

(D) sport fishing for shrimp is closed;

(2) the waters off Cape Edgecumbe enclosed by a box at 56° 55.50' N. lat. and 56° 57' N. lat., and 135° 54' W. long. and 135° 57' W. long. are closed to sport fishing for all species of bottomfish, as defined in 5 AAC 39.975, and halibut;

(3) the Bear Cove Special Harvest Area, described as those waters of Bear Cove east of a line between ADF&G regulatory markers located on the north and south shores of Bear Cove, is closed to snagging; a fish hooked anywhere other than the mouth must be released immediately;

(4) repealed 7/13/2012;

(5) as specified in 5 AAC 01.760, in Redoubt Bay

(A) the bag and possession limit for sockeye salmon is four fish;

(B) from June 1 - July 15, snagging is not allowed in the waters south of 56° 54.71' N. lat.;

(6) in Mist Cove, south of a line from ADF&G regulatory markers located at 56° 3 l.07' N. lat., 134° 40.20' W. long. to 56° 31.07' N. lat., 134° 40.12' W. long., sport fishing for salmon is closed;

(7) in Kasnyku Bay, north and west of a line from ADF&G regulatory markers located at 57° 13.17' N. lat., 134° 51.86' W. long. to 57° 13.08' N. lat., 134° 52.02' W. long. and north of a line from 57° 13.05' N. lat., 134° 52.24' W. long. to 57° 13.06' N. lat., 134° 52.20' W. long., sport fishing for salmon is closed.

(8) in waters of Central Southeast Outside (CSEO) Section, as described in 5 AAC 28.105(a)(4)(B), the bag limit for nonresidents for pelagic rockfish is three fish, possession limit of six fish, no size limit.

(h) Repealed 5/12/2011.

(i) In the Prince of Wales Island vicinity,

(1) all waters of Klawock Harbor south of a line from the Klawock blinker light to the Klawock Cannery Dock are closed to

(A) snagging; a fish hooked anywhere other than the mouth must be released immediately;

(B) sport fishing for sockeye salmon;

(2) shrimp may not be taken in the waters of Twelve-Mile Arm west of a line from Prince of Wales Island at 55° 29.07'N. lat., 132° 37.60' W. long., to the northeasternmost tip of Loy Island at 55° 29.07' N. lat., 132° 36.70' W. long., to the easternmost tip of Cat Island at 55° 27.80' N. lat., 132° 39.08' W. long., to Prince of Wales Island at 55° 27.80' N. lat., 132° 40.93' W. long., including the waters of Hollis Anchorage;

(3) Dungeness crab may not be taken in the waters of Klawock Inlet, Shinaku Inlet or Big Salt Lake, northeast of a line from Prince of Wales Island at 55° 31.20' N. lat., 133° 07.63' W. long., to Prince Wales Island at 55° 34.72' N. lat., 133° 13.38' W. long.;

(4) Dungeness crab may not be taken in the waters of Coffman Cove south and west of a line extending from a point at 56° 01.35' N. lat., 132° 49.67' W. long., to a point located at 56° 01.71' N. lat., 132° 51.01' W. long.;

(5) Dungeness crab may not be taken in the waters near Whale Pass north and west of a line extending from a point at 56° 05. 81' N. lat., 133° 06.52' W. long., to a point located at 56° 05.62' N. lat., 133° 07.33' W. long.;

(6) Dungeness crab may not be taken in the waters of Thorne Bay west of a line from a point at 55° 39.92' N. lat., 132° 29.73' W. long., to a point located at 55° 39.80' N. lat., 132° 29.59' W. long.

(j) In the Ketchikan vicinity:

(1) repealed 7/1/2015;

(2) Behm Canal and the contiguous bays and enclosed by a line from Point Eva to Cactus Point, a line from Point Lees to Elsie Point, and a line between ADF&G regulatory markers located at the longitude of the outlet of Long Lake (131° 26.15' W. long.), are closed to sport fishing for salmon;

(3) in Behm Canal and the contiguous bays between a line from Point Eva to Cactus Point and the latitude of Point Nelson (55° 18.00' N. lat.), salmon may be taken only from August 15 - April 30;

(4) in Neets Bay east of a line between ADF&G regulatory markers located approximately one mile from the head of the bay, salmon may be taken only from November 16 - June 14;

(5) in Thomas Basin seaward of a line between ADF&G regulatory markers located on the upstream side of the Stedman Street Bridge,

(A) only single hooks may be used;

(B) snagging is prohibited; a fish hooked anywhere other than the mouth must be released immediately;

(6) shrimp may not be taken in the waters east of a line from Indian Point at 55° 36.85' N. lat., 131° 42.02' W. long., to the northeasternmost tip of Betton Island at 55° 31.95' N. lat., 131° 46.37' W. long., to the southeasternmost tip of Betton Island at 55° 29.90' N. lat., 131° 48.18' W. long., to Survey Point at 55° 28.07' N. lat., 131° 49.87' W. long.

(k) When the commissioner determines that it is necessary for the conservation of king salmon stocks in the Unuk, Chilkat, or King Salmon Rivers, the commissioner, may, by emergency order, close the fishing season in appropriate areas and immediately reopen a season with king salmon annual limits, established pursuant to 5 AAC 75.003, for residents and nonresidents; when annual limits are established under this subsection a harvest record is required as specified in 5 AAC 75.006.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 6/1/2003, Register 166; am 7/18/2003, Register 167; am 7/26/2003, Register 167; em am 4/13/2005 - 8/10/2005, Register 174; am 5/26/2006, Register 178; add'l am 5/26/2006, Register 178; am 5/31/2009, Register 190; am 7/29/2009, Register 191; am 5/12/2011, Register 198; am 7/13/2012, Register 203; am 2/23/2014, Register 209; am 5/9/2015, Register 214; am 7/1/2015, Register 214; am 6/17/2018, Register 226; am 9/25/2022, Register 243; am 10/16/2022, Register 244; am 6/27/2025, Register 254

5 AAC 47.022 General provisions for seasons and bag, possession, annual, and size limits for the fresh waters of the Southeast Alaska Area {#sec-5-aac-47.022 omnilex-key=us-ak-regs-official--title-5--5 AAC 47.022}

(a) Unless otherwise specified through an emergency order issued under AS 16.05.060, and subject to the special provisions under 5 AAC 47.023 and the provisions of 5 AAC 47.030 - 5 AAC 47.095, this section contains the general provisions for the seasons and bag, possession, annual, and size limits that apply to sport fishing for finfish in the fresh waters in Southeast Alaska Area.

(b) In the fresh waters east of the longitude of Cape Fairweather:

(1) king salmon: sport fishing for king salmon is closed;

(2) salmon, other than king salmon: may be taken from January 1 - December 31; no annual limit, no size limit; bag and possession limits, as follows:

(A) 16 inches or greater in length; bag limit of six fish per species; possession limit of 12 fish per species;

(B) less than 16 inches in length; bag and possession limit of 10 fish in combination;

(5) Dolly Varden: may be taken from January 1 - December 31; bag and possession limit of 10 fish; no annual limit; no size limit;

(6) brook trout: may be taken from January 1 - December 31; bag and possession limit of 10 fish; no annual limit; no size limit;

(7) grayling: may be taken from January 1 - December 31; bag and possession limit of 10 fish; no annual limit; no size limit;

(8) other freshwater finfish species not specified in this subsection: may be taken from January 1 - December 31; no bag, possession, annual, or size limits.

(1) king salmon: may be taken from January 1 - December 31; no size limit; bag, possession, and annual limits, as follows:

(A) 20 inches or greater in length; bag and possession limit of one fish;

(B) less than 20 inches in length; bag and possession limit of 10 fish;

(C) the nonresident annual limit is one king salmon 20 inches or greater in length and does not count toward the nonresident annual harvest limit as set out under 5 AAC 47.055; a harvest record is required for a nonresident as set out under 5 AAC 75.006;

(2) salmon, other than king salmon: may be taken from January 1 - December 31; no annual limit; no size limit; bag and possession limits, as follows:

(A) coho salmon 16 inches or greater in length; bag limit of four fish; possession limit of eight fish;

(B) chum, pink, and sockeye salmon 16 inches or greater in length; bag limit of six fish per species; possession limit of 12 fish per species;

(5) Dolly Varden: may be taken from January 1 - December 31; bag and possession limit of 10 fish; no annual limit; no size limit;

(6) brook trout: may be taken from January 1 - December 31; bag and possession limit of 10 fish; no annual limit; no size limit;

(7) grayling: may be taken from January 1 - December 31; bag and possession limit of 10 fish; no annual limit; no size limit;

(8) other freshwater finfish species not specified in this subsection: may be taken from January 1 - December 31; no bag, possession, annual, or size limits.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 4/15/94, Register 130; em am 5/15/94 - 9/11/94, Register 130; em am 6/7/95 - 10/4/95, Register 134; em am 6/7/96 - 10/4/96, Register 139; am 5/2/97, Register 142; am 5/16/97, Register 142; am 5/25/97, Register 142; am 4/23/98, Register 146; am 5/25/2000, Register 154; am 3/11/2001, Register 157; am 5/19/2001, Register 158; am 6/1/2003, Register 166; am 2/23/2014, Register 209; am 6/27/2025, Register 254

5 AAC 47.023 Special provisions for seasons, bag, possession, annual, and size limits, and methods and means for the fresh waters of the Southeast Alaska Area {#sec-5-aac-47.023 omnilex-key=us-ak-regs-official--title-5--5 AAC 47.023}

(a) Unless otherwise specified through an emergency order issued under AS 16.05.060, the special provisions in this section apply to the fresh waters listed. The special provisions are exceptions to the general provisions specified in 5 AAC 47.022 and 5 AAC 47.030, and modify the general provisions only to the extent specified in this section.

(b) In the freshwater drainages in the Yakutat vicinity that are crossed by the Yakutat road system and all streams draining into Yakutat Bay between Ocean Cape and Point Latouche:

(1) except as provided in (5) of this subsection,

(A) only unbaited, artificial lures may be used;

(B) the bag and possession limit for coho salmon 16 inches or greater in length is two fish;

(2) in the Antlen River drainage, including Pike Lakes, upstream of Forrest Highway 10, northern pike may not be possessed or retained; northern pike caught must be released immediately;

(3) in the Lost River drainage, upstream from the Lost River Bridge, sport fishing is allowed only from January 1 - August 14;

(4) Ophir Creek upstream from the downstream side of the Yakutat Highway Road culvert is closed to all sport fishing;

(5) repealed 7/13/2012;

(6) in the Situk River drainage,

(A) sport fishing for king salmon is closed unless opened by emergency order as set out under 5 AAC 30.365;

(B) from ADF&G regulatory markers located two miles above the Situk River Nine Mile Bridge to ADF&G regulatory markers located two miles below Situk Lake, sport fishing is allowed only from May 16 - April 14;

(C) from the mouth to the old railroad bridge, sport fishing is allowed only from October 15 - June 14, except a person 60 years of age or older (senior citizen) may sport fish from January 1 - December 31;

(D) sport fishing is closed within 50 yards of the Nine Mile Bridge on Forest Highway 10 from June 15 - August 15 unless 1,050 king salmon three ocean years of age or older have passed the Situk River weir;

(E) only single hooks may be used;

(7) in Tawah Creek, within 50 yards of the R.E.L. Bridge on Canon Beach Road, sport fishing is allowed only from October 1 - June 15;

(8) in the Lost River and Ahrnklin River and all drainages flowing into or between the Lost River and Ahrnklin River, the bag and possession limits for sockeye salmon is a bag limit of three fish and a possession limit of six fish.

(1) in the Chilkat River drainage,

(A) except as otherwise specified in this subsection, bait may be used;

(B) the bag and possession limits for coho salmon 16 inches or greater in length is a bag limit of three fish and a possession limit of six fish;

(i) only unbaited, artificial lures may be used;

(ii) rainbow and cutthroat trout, in combination, must be no less than 14 inches and no greater than 22 inches in length;

(D) in all inlet and outlet streams of Mosquito Lake to the confluence with the Chilkat River and all inlet and outlet streams of Chilkat Lake to the confluence with the Tsirku River, bait may be used only from September 15 - November 15;

(E) in the Chilkat Lake's main tributary stream, located at the southeast end of the lake,

(i) bait may be used only from September 15 - November 15;

(ii) sport fishing is closed from April 1 - June 30;

(2) in the Chilkoot River drainage and Lake,

(A) bait may be used;

(B) the bag and possession limit for coho salmon 16 inches or greater in length is two fish;

(D) the bag and possession limit for Dolly Varden is four fish;

(E) all waters flowing into Chilkoot Lake are closed to sport fishing for salmon;

(3) in Herman Lake and Walker Lake, bait may be used;

(4) One Mile Creek, off Mud Bay Road, and Sawmill Creek and its tributaries, are closed to sport fishing for all species from April 1 - June 30.

(d) In the Skagway vicinity;

(1) in all waters and lakes flowing into Taiya Inlet, bait may be used;

(2) in Pullen Creek above Second Avenue,

(A) bait may be used;

(B) sport fishing is open only from December 1 - September 14;

(3) in Lost Lake,

(A) bait may be used;

(B) rainbow trout must be no less than nine inches in length.

(e) In the Juneau vicinity:

(1) in all drainages crossed by the Juneau City and Borough road system,

(A) unless otherwise specified in this paragraph,

(i) the bag and possession limit for coho salmon 16 inches or greater in length is two fish;

(ii) the bag and possession limit for sockeye salmon 16 inches or greater in length is one fish;

(iii) the bag and possession limit for king salmon is four fish; no size limit; king salmon harvested by a nonresident angler does not count toward that angler's nonresident annual limit;

(iv) rainbow and cutthroat trout, in combination, must be no less than 14 inches and no greater than 22 inches in length;

(v) the bag and possession limit for Dolly Varden is two fish;

(vi) steelhead may be taken by catch-and-release fishing only, and may not be possessed or retained; all steelhead caught must be released immediately unharmed;

(B) in the waters of Auke Lake, its tributaries, and the outlet stream downstream to Glacier Highway,

(i) sport fishing for sockeye salmon and Dolly Varden is closed;

(ii) only unbaited, artificial lures may be used;

(D) in Mendenhall Lake,

(i) only unbaited, artificial lures may be used;

(ii) sport fishing for Dolly Varden is closed;

(E) in Peterson Lagoon, only unbaited, artificial lures may be used;

(F) in Salmon Creek Reservoir, bait may be used;

(G) in Twin Lakes,

(i) bait may be used;

(ii) the bag and possession limit for all species of salmon less than 16 inches in length is 10 fish in combination;

(iii) the bag and possession limit for rainbow and cutthroat trout, in combination, is five fish; no size limit;

(H) Windfall Creek (the outlet stream of Windfall Lake) and the portion of the Herbert River within 100 yards of the confluence of Windfall Creek is closed to sport fishing from June 1 - July 31, except that sport fishing is allowed on Wednesdays and Saturdays during the month of June;

(I) in Windfall Lake and all inlet streams,

(i) only unbaited, artificial lures may be used;

(ii) the retention of sockeye salmon is prohibited;

(J) Auke Nu Creek, Kowee Creek on Douglas Island, and Waydelich Creek (Wadleigh Creek) are closed to sport fishing for salmon;

(K) Auke Creek downstream from the Glacier Highway, Bear Creek on Douglas Island, Duck Creek, Jordan Creek, Steep Creek, Switzer Creek, and Vanderbilt Creek are closed to sport fishing for all species;

(L) in Cowee Creek, from September 15 - November 15, bait may be used only by a person less than 16 years of age;

(M) in Fish Creek Pond, from June 1 - August 31,

(i) the use of bait, weighted hooks and lures, and multiple hooks with a gap between point and shank larger than one-half inch are permitted; and

(ii) king salmon hooked elsewhere than in the mouth may be retained;

(N) in Crystal Lake, Glacier Lake, and Moraine Lake,

(i) the bag and possession limit for rainbow trout is five fish; no size limit;

(ii) the bag and possession limit for cutthroat trout is two fish, which must be no less than 14 inches and no greater than 22 inches;

(2) in Annex Lake, Antler Lake, and Dorothy Lake,

(A) bait may be used;

(B) rainbow and cutthroat trout, in combination, must be no less than 14 inches and no greater than 22 inches in length;

(3) in Shelter Lake,

(A) only unbaited, artificial lures may be used;

(B) rainbow and cutthroat trout, in combination, must be no less than nine inches in length;

(4) in Turner Lake,

(A) only unbaited, artificial lures may be used;

(B) cutthroat trout may not be possessed or retained; all cutthroat trout must be released immediately.

(f) In the fresh waters of Admiralty Island:

(1) in Alexander Lake and Young Lake,

(A) only unbaited, artificial lures may be used;

(B) rainbow and cutthroat trout, in combination, must be no less than 14 inches and no greater than 22 inches in length;

(2) in Distin Lake, Guerin Lake, Hasselborg Lake, and Jims Lake,

(A) only unbaited, artificial lures may be used;

(B) the bag and possession limit for cutthroat trout is one fish, which must be 25 inches or greater in length;

(3) in Florence Lake,

(A) bait may be used;

(B) the bag and possession limits for rainbow and cutthroat trout, in combination, is a bag limit of five fish and a possession limit of 10 fish; no size limit.

(g) In the Sitka vicinity:

(1) in Baranof Lake, Lake Eva, Little Lake Eva, and Salmon Lake, and Kook Lake on Chichagof Island,

(A) only unbaited, artificial lures may be used;

(B) rainbow and cutthroat trout, in combination, must be no less than 14 inches and no greater than 22 inches in length;

(2) in Beaver Lake, Deep Lake, Green Lake, Heart Lake, Long Lake, and Thimbleberry Lake, bait may be used;

(3) in Buck Lake, Lake 436, and Sukoi Lake,

(A) only unbaited, artificial lures may be used;

(B) rainbow and cutthroat trout, in combination, must be no less than nine inches and no greater than 22 inches in length;

(4) Indian River and Starrigavin Creek are closed to sport fishing for salmon, except that

(A) Indian River, upstream of the Sawmill Creek Road Bridge, and Starrigavin Creek are open to sport fishing for pink salmon; and

(B) Indian River and Starrigavin Creek are open to king salmon fishing as specified in (10) of this subsection;

(5) in Port Banks Creek, the outlet of Plotnikof Lake,

(A) only unbaited, artificial lures may be used;

(B) steelhead may be taken by catch-and-release fishing only, and may not be possessed or retained; all steelhead caught must be released immediately unharmed;

(6) repealed 5/26/2006;

(7) in Sitkoh Lake,

(A) only unbaited, artificial lures may be used;

(B) repealed 5/26/2006;

(8) Wrinkleneck Creek, the main inlet to Swan Lake, is closed to sport fishing for all species;

(9) as specified in 5 AAC 01.760, in the Redoubt Lake drainage, the bag and possession limit for sockeye salmon is four fish;

(10) in the freshwater drainages that drain into the Sitka Sound Special Use Area, described in 5 AAC 47.021(g)(1);

(A) the bag and possession limit for king salmon is 10 fish, no size limit; and

(B) repealed 6/17/2018;

(h) In the Petersburg/Wrangell vicinity:

(1) in Blind Slough, upstream of a line between Blind Point and Anchor Point,

(A) only unbaited, artificial lures may be used from November 16 - May 15;

(B) a person may not intentionally snag, attempt to snag, or retain a salmon that is hooked other than in the mouth, except during periods established by emergency order;

(D) repealed 6/27/2025;

(2) the Blind Slough tributaries are closed to sport fishing for salmon;

(3) in Castle River and Hamilton River,

(A) only unbaited, artificial lures may be used;

(B) steelhead may be taken by catch-and-release fishing only, and may not be possessed or retained; all steelhead caught must be released immediately unharmed;

(4) in Crystal Lake, Kane Peak Lake, and Tyee Lake, bait may be used;

(5) in Kah Sheets Lake, Anan Lake, Thoms Lake, and Virginia Lake,

(A) only unbaited, artificial lures may be used;

(B) rainbow and cutthroat trout, in combination, must be no less than 14 inches and no greater than 22 inches in length;

(6) repealed 6/27/2025;

(7) in Long Lake,

(A) only unbaited, artificial lures may be used;

(B) rainbow and cutthroat trout, in combination, must be no less than nine inches and no greater than 22 inches in length;

(8) in Pats Lake, on the third and fourth Saturday and Sunday in June, a person under 16 years of age may use bait; the bag and possession limits for all finfish species combined is two fish; no size limit.

(i) In the Ketchikan vicinity:

(1) in all drainages crossed by the Ketchikan City and Borough road system, not otherwise specified in this subsection, the bag and possession limit for salmon, other than king salmon,

(A) 16 inches or greater in length, is two fish in combination;

(B) less than 16 inches in length, is 10 fish in combination;

(2) Carlanna Creek is closed to sport fishing for all species;

(3) in the City Park Ponds,

(A) sport fishing is allowed only from the first Saturday in June through August 31;

(B) bait may be used from the first Saturday in June through August 31;

(C) the bag and possession limit for rainbow trout, king salmon, and coho salmon in combination, is five fish; no size limit;

(4) in Carlanna Lake and Harriet Hunt Lake,

(A) bait may be used;

(B) the bag and possession limit for rainbow and cutthroat trout, in combination, is five fish; no size limit;

(5) in Herring Cove Creek,

(A) upstream from the Herring Cove Bridge, sport fishing for all species is closed;

(B) from the Herring Cove Bridge to ADF&G regulatory markers located approximately 300 yards downstream,

(i) sport fishing is allowed only from August 10 - December 31;

(ii) the bag and possession limit for salmon, other than king salmon, 16 inches or greater in length, is two fish in combination, and for salmon, other than king salmon, less than 16 inches in length, is 10 fish in combination;

(6) in Ketchikan Creek, excluding City Park Ponds,

(A) only unbaited, single-hook, artificial lures may be used;

(B) sport fishing is allowed year-round;

(i) 16 inches or greater in length, is two fish in combination;

(ii) less than 16 inches in length, is 10 fish in combination;

(D) repealed 7/1/2015;

(E) the bag and possession limit for king salmon is as follows:

(i) the limits are two fish of any size;

(ii) a king salmon taken by a nonresident does not count toward the nonresident annual limit as set out under 5 AAC 47.055;

(7) Mahoney Creek, on Revillagigedo Island, is closed to sport fishing for salmon;

(8) in Ward Creek,

(A) only unbaited, single-hook, artificial lures may be used;

(B) the bag and possession limit for salmon, other than king salmon,

(i) 16 inches or greater in length; is two fish in combination;

(ii) less than 16 inches in length, is 10 fish in combination;

(C) steelhead may be taken by catch-and-release fishing only, and may not be possessed or retained; all steelhead caught must be released immediately unharmed;

(9) in Bakewell Lake,

(A) only unbaited, artificial lures may be used;

(B) rainbow and cutthroat trout, in combination, must be no less than 14 inches and no greater than 22 inches in length;

(10) in Big Goat Lake, Bugge Lake, Claude Lake, Grace Lake, Half-Moon Lake, Little Goat Lake, Manzoni Lake, Minne Lake, Nellie Lake, Nooya Lake, Orton Lake, Shelokum Lake, Snow Lake, Swan Lake, Upper Mahoney Lake, Mahoney Lake, and Whitman Lake, bait may be used;

(11) in the Ella Creek drainage, excluding Ella Lake, and in Fish Creek, Gokachin Creek (Sealevel Creek), Humpback Creek drainage, Spit Creek, and Steelhead Creek,

(A) only unbaited, artificial lures may be used;

(B) steelhead may be taken by catch-and-release fishing only, and may not be possessed or retained; all steelhead caught must be released immediately unharmed;

(12) in Ella Lake, Manzanita Lake, Humpback Lake, Orchard Lake, and Wilson Lake,

(A) only unbaited, artificial lures may be used;

(B) the bag and possession limit for cutthroat trout is one fish, which must be 25 inches or greater in length;

(13) in the McDonald Lake drainage,

(A) only unbaited, artificial lures may be used;

(B) steelhead may be taken by catch-and-release fishing only, and may not be possessed or retained; all steelhead caught must be released immediately unharmed;

(C) in McDonald Lake, rainbow trout and cutthroat trout, in combination, must be no less than 14 inches and no greater than 22 inches in length;

(14) in the Naha River drainage,

(A) only unbaited, artificial lures may be used;

(B) in Heckman Lake and Jordan Lake, rainbow and cutthroat trout, in combination, must be no less than 14 inches and no greater than 22 inches in length;

(C) in Patching Lake, the bag and possession limit for cutthroat trout is one fish, which must be 25 inches or greater in length;

(D) steelhead may be taken by catch-and-release fishing only, and may not be possessed or retained; all steelhead caught must be released immediately unharmed;

(15) in Reflection Lake, on the Cleveland Peninsula,

(A) only unbaited, artificial lures may be used;

(B) the bag and possession limit for salmon, other than king salmon,

(i) 16 inches or greater in length, is two fish in combination;

(ii) less than 16 inches in length, is 10 fish in combination;

(16) in Ketchikan Lake,

(A) bait may be used;

(B) the bag and possession limit for salmon, other than king salmon,

(i) 16 inches or greater in length, is two fish in combination;

(ii) less than 16 inches in length, is 10 fish in combination.

(j) In the Hyder vicinity, in Fish Creek and Marx Creek, only single-hooks may be used.

(k) In the Prince of Wales Island vicinity:

(1) in 108 Creek, Dog Salmon Creek, Eagle Creek drainage including Luck Lake, Hunter Bay Creek, Klakas Creek, Old Frank's Creek, and Staney Creek,

(A) only unbaited, artificial lures may be used;

(B) steelhead may be taken by catch-and-release fishing only, and may not be possessed or retained; all steelhead caught must be released immediately unharmed;

(2) in the Karta River drainage, including Karta Lake and Salmon Lake,

(A) only unbaited, single-hook, artificial lures may be used;

(B) steelhead may be taken by catch-and-release fishing only, and may not be possessed or retained; all steelhead caught must be released immediately unharmed;

(3) in Kegan Lake and Red Bay Lake,

(A) only unbaited, artificial lures may be used;

(B) rainbow trout and cutthroat trout, in combination, must be no less than 14 inches and no greater than 22 inches in length;

(4) in Marge Lake, Mellen Lake, Shinaku Lake, and Summit Lake, bait may be used;

(5) in the Klawock River drainage,

(A) only unbaited, artificial lures may be used, except that bait may be used in the Klawock River drainage downstream from ADF&G regulatory markers located downstream of the hatchery weir from September 15 through October 15;

(B) sport fishing for all species from the Klawock River Bridge is closed;

(D) repealed 7/13/2012;

(E) upstream from the Klawock River Bridge, sport fishing for sockeye salmon is closed;

(6) in Noname Lake,

(A) only unbaited, artificial lures may be used;

(B) rainbow and cutthroat trout, in combination, must be no less than nine inches and no greater than 22 inches in length;

(7) repealed 5/26/2006;

(8) in the Sweetwater Lake drainage,

(A) only unbaited, artificial lures may be used;

(B) rainbow and cutthroat trout, in combination, must be no less than 14 inches and no greater than 22 inches in length;

(C) the bag and possession limit for sockeye salmon, 16 inches or greater in length, is three fish per day, with six in possession;

(D) from June 1 - July 31, in Hatchery Creek, sport fishing is closed 100 feet upstream of the upper falls at the end of the United States Forest Service boardwalk to 100 feet downstream of the lower falls;

(9) in the Salmon Bay Creek drainage,

(A) only unbaited, artificial lures may be used;

(B) steelhead may be taken by catch-and-release fishing only, and may not be possessed or retained; all steelhead caught must be released immediately unharmed;

(C) in Salmon Bay Lake, rainbow trout and cutthroat trout, in combination, must be no less than 14 inches and no greater than 22 inches in length;

(10) in the Sarkar Lake drainage,

(A) only unbaited, artificial lures may be used;

(B) steelhead may be taken by catch-and-release fishing only, and may not be possessed or retained; all steelhead caught must be released immediately unharmed;

(C) in Sarkar Lake, rainbow trout and cutthroat trout, in combination, must be no less than 14 inches and no greater than 22 inches in length;

(11) in the Thorne River drainage, including Control Lake,

(A) only unbaited, artificial lures may be used;

(B) steelhead may be taken by catch-and-release fishing only, and may not be possessed or retained; all steelhead caught must be released immediately unharmed;

(C) rainbow trout and cutthroat trout, in combination, must be no less than 14 inches and no greater than 22 inches in length;

(12) in Neck Lake,

(A) only unbaited, artificial lures may be used;

(B) rainbow trout and cutthroat trout, in combination, must be no less than 11 inches and no greater than 22 inches in length; and

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 6/1/2003, Register 166; am 7/18/2003, Register 167; am 5/26/2006, Register 178; am 12/31/2006, Register 180; am 5/31/2009, Register 190; am 5/12/2011, Register 198; am 7/13/2012, Register 203; am 2/23/2014, Register 209; am 5/9/2015, Register 214; am 7/1/2015, Register 214; am 6/17/2018, Register 226; am 10/16/2022, Register 244; am 6/27/2025, Register 254

5 AAC 47.024 Harvest record required; annual limit {#sec-5-aac-47.024 omnilex-key=us-ak-regs-official--title-5--5 AAC 47.024}

Repealed.

History

Eff. 4/15/94, Register 130; am 5/25/97, Register 142; am 5/25/2000, Register 154; am 6/1/2003, Register 166; repealed 2/23/2014, Register 209

5 AAC 47.030 Methods, means, and general provisions - Finfish {#sec-5-aac-47.030 omnilex-key=us-ak-regs-official--title-5--5 AAC 47.030}

(a) Unless otherwise provided in 5 AAC 47.021, 5 AAC 47.023, 5 AAC 47.055, or by emergency order issued under AS 16.05.060, the provisions in this section apply to finfish sport fishing in the Southeast Alaska Area.

(b) Sport fishing may be conducted only by the use of a single line per angler, and not more than six lines may be fished from a vessel.

(d) Repealed 5/25/2000.

(e) Upon request by a representative of the department or a peace officer of the state, external tags on all salmon and trout and the tags and heads of all adipose-fin-clipped salmon and trout must be forfeited, and the date and location of their catch must be disclosed.

(f) Fishing within 300 feet of a fish ladder is allowed unless otherwise posted by department markers. No person may fish from, on, or in a fish ladder.

(g) Repealed 5/31/2009.

(h) Repealed 3/13/2004.

(i) Only unbaited, artificial lures may be used in fresh water from November 16 - September 14.

(j) Notwithstanding 5 AAC 75.026, in the Southeast Alaska Area, pink and chum salmon taken in a sport fishery may be used as bait in a sport, personal use, or subsistence fishery.

(k) Repealed 6/10/2010.

(l) A person sport fishing from a charter vessel when releasing a nonpelagic rockfish shall immediately use a deep water release mechanism to return the fish to the depth it was hooked or to a depth of at least 100 feet. A charter vessel must have at least one functional deep water release mechanism on board and readily available for use when sport fishing activities are taking place. Upon request, a person sport fishing from a charter vessel and the operator of the vessel must present a deep water release mechanism to a local representative of the department, peace officer of the state, or federal law enforcement officer charged with enforcing fish and game laws. In this subsection, "deep water release mechanism" means a device designed to return a rockfish back near the bottom where it was hooked, or to a specified depth, and to assist the fish in recompression and to improve the fish's chance of survival. Beginning January 1, 2020, a person sport fishing from a vessel and the operator of the vessel must comply with the requirements of 5 AAC 75.020(f).

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 4/15/94, Register 130; am 5/2/97, Register 142; am 5/9/98, Register 146; am 5/25/2000, Register 154; am 6/1/2003, Register 166; am 3/13/2004, Register 169; em am 4/13/2005 - 8/10/2005, Register 174; am 7/1/2007, Register 182; am 5/31/2009, Register 190; am 6/10/2010, Register 194; am 7/13/2012, Register 203; am 6/17/2018, Register 226; am 6/28/2019, Register 230

5 AAC 47.035 Methods, means, and general provisions - Shellfish {#sec-5-aac-47.035 omnilex-key=us-ak-regs-official--title-5--5 AAC 47.035}

(a) Unless otherwise provided in 5 AAC 47.021 or by emergency order issued under AS 16.05.060, the provisions in this section apply to shellfish sport fishing in the Southeast Alaska Area.

(b) Shellfish may be taken only as follows:

(1) shrimp may be taken by pots and ring nets; pots operated to take shrimp may not be longlined, and one buoy is required for each pot;

(2) crab may be taken by pots, ring nets, diving gear, dip nets, hooked or hookless hand lines, or by hand;

(3) clams may be taken by rakes, shovels, or manually operated clam guns, or by hand;

(4) repealed 6/17/2018;

(5) scallops may be taken by diving gear, dip nets, or by hand;

(6) shellfish not otherwise specified in this chapter may be taken by hook and line in addition to all gear specified in (b) of this section.

(c) No more than four pots, other than shrimp pots, or 10 ring nets per person, with a maximum of 10 pots or 20 ring nets per vessel, may be used in the taking of shellfish other than shrimp at any time, except that no more than four pots or 10 ring nets per vessel may be used to take Tanner crab. No more than five additional shrimp pots per person with a maximum of 10 additional shrimp pots per vessel may be used in the taking of shrimp at any time.

(d) Pot gear must include an escape mechanism in accordance with the following provisions:

(1) repealed 8/14/2005;

(2) repealed 8/14/2005;

(3) a crab pot used to take Dungeness crab under this chapter must have at least two escape rings that each are not less than four and three-eighths inches, inside diameter; the escape rings must be located on opposite sides of the pot and the upper half of the vertical plane of the pot;

(4) a pot used to take Tanner crab under this chapter must have at least two circular escape rings on opposing vertical or sloping sides of the pot that each are not less than four and three-quarter inches inside diameter.

(e) The pot limits for shellfish in this chapter are not in addition to those allowed under subsistence fishing regulations contained in 5 AAC 02, nor to those allowed under personal use fishing regulations contained in 5 AAC 77.

(f) A sport fisherman using pots to take shellfish shall plainly and legibly inscribe the fisherman's first initial, last name, and home address on a keg or buoy attached to each pot. A keg or buoy attached to a pot must also be inscribed with the name or the division of motor vehicles boat registration number, issued under 2 AAC 70, of the vessel used to operate the pot.

(g) Until a crab has been processed or prepared for human consumption, a person may not mutilate or otherwise disfigure it in any manner that would prevent the determination of whether it meets the minimum size limit.

(h) The bag and possession limits in this chapter are not in addition to those allowed under subsistence fishing regulations contained in 5 AAC 02, nor to those allowed under personal use fishing regulations contained in 5 AAC 77.

(i) Male Tanner crab less than the minimum legal size and female Tanner crab that have been taken must be immediately returned unharmed to the sea.

(j) A person may not utilize a live holding facility to accumulate or pool multiple bag limits.

(k) A pot used to take shrimp under this chapter must have

(1) no more than four tunnel eye openings; no tunnel eye opening may exceed 15 inches in perimeter;

(2) a bottom perimeter of no more than 153 inches; and

(3) a volume of no more than 25 cubic feet.

(l) Male Dungeness crab less than the minimum legal size and female Dungeness crab that have been taken must be immediately returned unharmed to the sea.

(m) Repealed 7/1/2006.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 4/15/94, Register 130; am 8/16/97, Register 143; am 8/8/99, Register 151; am 5/25/2000, Register 154; am 6/1/2003, Register 166; am 7/18/2003, Register 167; am 12/1/2004, Register 172; am 8/14/2005, Register 175; am 7/1/2006, Register 178; am 7/29/2009, Register 191; am 5/11/2012, Register 202; am 6/17/2018, Register 226; am 9/25/2022, Register 243

5 AAC 47.036 Prohibitions {#sec-5-aac-47.036 omnilex-key=us-ak-regs-official--title-5--5 AAC 47.036}

(a) Repealed 7/13/2012.

(b) Repealed 7/13/2012.

(c) Operators and crewmembers working on a charter vessel may not retain king salmon while clients are on board the vessel. The maximum number of fishing lines that may be fished from a vessel engaged in sport fishing charter activities is equal to the number of paying clients on board the vessel. The number of fishing lines may not exceed six lines as specified in 5 AAC 47.030(b).

History

Authority: AS 16.05.251
Eff. 6/19/97, Register 142; am 2/13/2005, Register 173; am 5/31/2009, Register 190; am 7/13/2012, Register 203

5 AAC 47.037 Freshwater guiding requirements {#sec-5-aac-47.037 omnilex-key=us-ak-regs-official--title-5--5 AAC 47.037}

Repealed.

History

Eff. 4/15/94, Register 130; repealed 5/13/95, Register 134

5 AAC 47.041 Sport fishing from commercially licensed vessels; charter vessel registration {#sec-5-aac-47.041 omnilex-key=us-ak-regs-official--title-5--5 AAC 47.041}

(a) A person may sport fish from a registered commercial salmon hand troll or power troll vessel.

(b) Repealed 5/13/95.

(c) A person who sport fishes from a vessel licensed for commercial salmon fishing, other than a charter vessel when paying clients are on board, shall, immediately upon bringing a salmon on board, mark the salmon by removing its dorsal (large back) fin.

(d) Sport fishing from a commercially licensed vessel while commercially caught salmon are in possession is illegal in waters closed to commercial salmon fishing.

(e) A commercially licensed vessel registered to fish commercially for shrimp, Dungeness crab, or Tanner crab may not be used to take that species for sport fishing purposes during the period starting 14 days before an opening and ending 14 days following the closure of an open commercial season for that species in the district, area, or areas for which the vessel is registered.

(f) A person may not sport fish and commercial fish for salmon from the same vessel on the same day.

(g) A person may possess sport-caught salmon on board a commercial salmon vessel while that vessel is engaged in commercial salmon fishing only if the salmon is preserved fish at the time the vessel is engaged in commercial salmon fishing. In this subsection, "preserved fish" has the meaning given in 5 AAC 75.995.

History

Authority: AS 16.05.251
Eff. 4/15/94, Register 130; am 5/13/95, Register 134; am 5/2/97, Register 142; am 5/25/2000, Register 154; am 7/13/2012, Register 203

5 AAC 47.045 Cutthroat and Rainbow Trout Management Plan {#sec-5-aac-47.045 omnilex-key=us-ak-regs-official--title-5--5 AAC 47.045}

(a) The Board of Fisheries (board) finds that there are some fresh waters near communities in the Southeast Alaska Area that do not naturally produce cutthroat or rainbow trout that reach 12 inches in length, the minimum size limit for trout in the area. The board recognizes the importance of providing for harvest opportunities for trout in fresh waters near communities within the area.

(b) If the commissioner determines that a fresh water near a community does not produce trout at least 12 inches in length, the commissioner may open, by emergency order, a season and reduce the minimum size limit for trout to nine inches, establish a bag and possession limit of two fish, and prohibit the use of bait in that fresh water. The following four criteria must be met before the commissioner will authorize a nine inch minimum size limit for trout in fresh water:

(1) there must be good road, trail, or boat access to the fresh water from a community;

(2) the fresh water must be landlocked or otherwise inaccessible to sea-run trout;

(3) there must be no documented history of the fresh water producing trout over 12 inches in length; and

(4) the department must have sampled the fresh water to determine length of trout present.

(c) The board also finds that residents of some communities in the Southeast Alaska Area do not have nearby fresh waters where anglers can fish for trout with bait throughout the year. The board recognizes that it is desirable for residents of these communities to be able to harvest trout with bait.

(d) If the commissioner determines that a community does not have nearby fresh waters where anglers can fish for trout with bait throughout the year, the commissioner may open, by emergency order, a season and designate one fresh water near that community to allow the use of bait, eliminate the minimum size limit for trout, and establish a bag and possession limit of two fish. The following two criteria must be met before the commissioner will authorize the use of bait throughout the year in a fresh water:

(1) the fresh water must be close to a community that has good road, trail, or boat access to the fresh water; and

(2) the fresh water must be landlocked or otherwise inaccessible to sea-run trout.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 9/28/97, Register 143

5 AAC 47.055 Southeast Alaska King Salmon Management Plan {#sec-5-aac-47.055 omnilex-key=us-ak-regs-official--title-5--5 AAC 47.055}

(a) The commissioner shall establish, by emergency order, the king salmon sport fish bag and possession limits and other necessary management measures based on the allocation to the sport fishery as set out under 5 AAC 29.060. The bag and possession limits and other management measures established by the commissioner remain in effect until March 31 of the following year.

(b) The objectives of the Southeast Alaska King Salmon Management Plan are to

(1) manage the sport fishery to achieve the annual sport allocation of king salmon as set out under 5 AAC 29.060;

(2) establish bag, possession, annual limits, and other regulatory action inseason by emergency order, to increase or decrease harvest opportunity to achieve but not exceed the king salmon allocation to the sport fishery; and

(3) prioritize providing uninterrupted resident harvest opportunity in state waters; if the department projects that inseason regulatory action is required to keep the sport fishery from exceeding the sport fishery allocation, the department shall first reduce bag and annual limits or modify season dates for nonresidents.

(c) The bag and possession limits for resident anglers will be established according to the king salmon allocation to the sport fishery as set out under 5 AAC 29.060 as follows:

(1) when the sport allocation is greater than 55,420 fish, the resident bag and possession limit is three king salmon, 28 inches or greater in length;

(2) when the sport allocation is between 34,302 and 55,420 fish, the resident bag and possession limit is two king salmon, 28 inches or greater in length;

(3) when the sport allocation is less than 34,302 fish, the resident bag and possession limit is one king salmon, 28 inches or greater in length; and

(4) from October l through March 31, a resident sport fish angler may use two rods when fishing for king salmon; a person using two rods under this paragraph may only retain salmon.

(d) The department shall establish nonresident management measures to achieve approximately 65 percent of the total sport fishery allocation between January 1 - June 30 and the remainder of the total sport allocation between July 1 and December 31 while prioritizing uninterrupted sport fishing opportunity.

(e) The commissioner may, by emergency order, establish that the nonresident harvest and annual limits for king salmon under this section do not apply in a hatchery terminal harvest area.

(f) A harvest record under 5 AAC 75.006 is required for nonresidents.

(g) The commissioner may require reporting as necessary to obtain the information required to implement the management plan under this section.

History

Authority: AS 16.05.060; AS 16.05.251; AS 16.05.270
Eff. 4/15/94, Register 130; am 5/2/97, Register 142; am 5/25/2000, Register 154; am 6/1/2003, Register 166; em am 4/13/2005 - 8/10/2005, Register 174; em am 5/3/2005 - 8/30/2005, Register 174; am 5/26/2006, Register 178; am 5/1/2008, Register 186; am 5/31/2009, Register 190; am 7/13/2012, Register 203; am 6/17/2018, Register 226; am 6/28/2019, Register 230; am 10/16/2022, Register 244; am 4/28/2024, Register 250; am 6/27/2025, Register 254

5 AAC 47.057 Stikine River King Salmon Management Plan {#sec-5-aac-47.057 omnilex-key=us-ak-regs-official--title-5--5 AAC 47.057}

(a) The objective of this management plan is to allow for an additional sport harvest opportunity on Stikine River king salmon when the projected preseason or inseason abundance level indicates the presence of an allowable catch for the Stikine River king salmon as determined under the provisions of the Pacific Salmon Treaty.

(b) Notwithstanding the provisions of 5 AAC 47.055, if an allowable catch is available, the commissioner will open, by emergency order, on May 1 or as soon as the available catch has been announced, a directed king salmon sport fishery in District 8 with the following provisions:

(1) sport fishing for king salmon may be conducted with the use of two rods per angler;

(2) a resident bag limit of three king salmon 28 inches or greater in length, and a possession limit of six king salmon;

(3) a nonresident bag limit of two king salmon, 28 inches or greater in length, and a possession limit of two king salmon; an annual limit of six king salmon, 28 inches or greater in length.

(c) When no allowable catch exists for the Stikine River king salmon, the king salmon sport fishery in District 8 will be managed as specified in 5 AAC 47.055.

(d) For the purposes of this section, District 8 is the salt waters of Frederick Sound south of a line from Wood Point to Beacon Point, excluding Wrangell Narrows, Sumner Strait east of a line from Point Alexander to Low Point, Stikine Strait north of the latitude of Round Point, Zimovia Strait north of the latitude of Nemo Point and Eastern Passage west of a line from Hour Point to Babbler Point.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 5/26/2006, Register 178; am 4/24/2009, Register 190

5 AAC 47.060 Lingcod delegation of authority and provisions for management {#sec-5-aac-47.060 omnilex-key=us-ak-regs-official--title-5--5 AAC 47.060}

(a) The Alaska Board of Fisheries (board) has allocated the harvest of lingcod in seven management areas of Southeast Alaska (Eastern Gulf of Alaska) to the commercial and sport fisheries under 5 AAC 28.160 and 5 AAC 28.165. The board recognizes that harvest regulations in the sport fishery may need to be modified to attain the allocations in the seven management areas.

(b) If the commissioner determines that the regulations must be modified to attain the allocation, the commissioner may establish, by emergency order, minimum size limits, maximum size limits, and annual limits in any of the seven management areas for nonresident sport anglers.

(d) Notwithstanding any bag limit, possession limit, annual limit, or maximum size limit established under (b) of this section, from May 16 through November 30, unless otherwise specified by emergency order, there is an additional nonresident bag, possession, and annual limit of one lingcod 55 inches or greater in length.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 6/14/2000, Register 154; am 3/13/2004, Register 169; am 5/31/2009, Register 190

5 AAC 47.065 Demersal shelf rockfish delegation of authority and provisions for management {#sec-5-aac-47.065 omnilex-key=us-ak-regs-official--title-5--5 AAC 47.065}

Under 5 AAC 28.160, the Board of Fisheries has allocated 16 percent of the annual allowable catch of the demersal shelf rockfish in the Southeast Outside Subdistrict, described in 5 AAC 28.105(a)(4), to the sport fishery. If the commissioner determines that the demersal shelf rockfish sport fishing regulations must be modified to keep the sport fishery within its allocation, the commissioner may, by emergency order, require one or more of the following management measures:

(1) reduced bag and possession limits for nonresident anglers;

(2) repealed 6/17/2018;

(3) charter operators and crewmembers may not retain demersal shelf rockfish while clients are on board the vessel;

(4) annual limits for demersal shelf rockfish for nonresident anglers;

(5) reduce the bag and possession limits for resident anglers;

(6) repealed 6/17/2018;

(7) annual limits for demersal shelf rockfish for resident anglers;

(8) time and area closures.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 5/26/2006, Register 178; am 6/17/2018, Register 226

5 AAC 47.070 Pelagic shelf rockfish delegation of authority and provisions for management {#sec-5-aac-47.070 omnilex-key=us-ak-regs-official--title-5--5 AAC 47.070}

If the commissioner determines that the pelagic rockfish sport fishing regulations must be modified to keep sport harvest within sustainable levels, the commissioner shall consider restrictions to nonresident bag, possession, or annual limits before restrictions to the resident sport fishery. Restrictions to the resident sport fishery may only occur if the resident sport fishery harvest has exceeded 50 percent of the total sport harvest for two consecutive years. The commissioner may, by emergency order, require one or more of the following management measures:

(1) reducing the bag and possession limits for nonresident anglers;

(2) prohibiting charter operators and crew members from retaining pelagic rockfish while clients are on board the vessel;

(3) imposing annual limits for pelagic rockfish for nonresident anglers;

(4) reducing the bag and possession limits for resident anglers;

(5) imposing annual limits for pelagic rockfish for resident anglers;

(6) imposing time and area closures.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 6/27/2025, Register 254

5 AAC 47.090 George Inlet superexclusive guided sport ecotourism Dungeness crab fishery {#sec-5-aac-47.090 omnilex-key=us-ak-regs-official--title-5--5 AAC 47.090}

(a) Notwithstanding the provisions of 5 AAC 47.036, the waters of George Inlet north of the latitude of the southernmost tip of California Head, excluding the waters of Herring Cove, are open as a superexclusive registration area for Dungeness crab ecotourism fishing from April 15 through September 30, subject to the requirements of this section and chapter.

(b) During the calendar year of registration, a sport fishing operator or vessel registered for the George Inlet superexclusive guided sport ecotourism Dungeness crab fishery may not participate in any other Dungeness crab fishery or any other guided sport fishery. From April 15 through September 30, a sport fishing guide registered for the George Inlet superexclusive guided sport ecotourism Dungeness crab fishery may not participate in any other Dungeness crab fishery, or any other guided sport fishery as a guide or sport fishing operator, during times when the guide is validly registered for the superexclusive fishery. A sport fishing guide may participate in another Dungeness crab fishery, or guided sport fishery as a guide or sport fishing operator, after submitting a written notification to the commissioner to invalidate the guide's registration for the superexclusive fishery.

(c) A sport fishing operator or vessel owner may register for the George Inlet superexclusive guided sport ecotourism fishery after December 1 of the year before the year in which fishing will occur and before January 3 of the calendar year in which fishing will occur. The registration will be effective for the calendar year in which fishing will occur.

(d) Notwithstanding 5 AAC 47.035(c), no more than six pots per registered sport fishing operator may be used and each pot may be lifted no more than three times per day. A pot lifted more than twice must be removed from the water on the third lifting and not returned to the water until the next calendar day. Pots may be set, but not pulled, by a separate designated support vessel that does not carry clients and is not otherwise used for fishing while designated as a support vessel. The department must be notified in writing of any support vessel designation before the support vessel is used to set pots. The vessel remains designated as a support vessel for the remainder of the calendar year unless the department is notified in writing that the designation is terminated.

(e) Notwithstanding 5 AAC 47.035(f), the name and address of each sport fisherman using the gear is not required to be inscribed on a keg or buoy. However, the vessel's name, the responsible sport fishing guide's name and address, and all other information required by 5 AAC 47.035(f) is required. The guide whose name is listed on the pot, and the person pulling or setting the pot, are responsible for any violations.

(f) Except for one legal size Dungeness crab, all crab taken must be returned to the water unharmed immediately after being brought on board a vessel or after being removed from a pot. All bycatch must be immediately removed from the pot and released to the water unharmed. One legal size male Dungeness crab per trip may be temporarily retained at the location of harvest for educational purposes, but must be released to the water unharmed before leaving the location of harvest.

(g) No bait may be added to a pot unless all crab are first removed from the pot and released.

(h) No more than four crabs may be left in a pot if a pot is returned to the water.

(i) The commissioner may close the fishery by emergency order, or close and immediately reopen the fishery with additional conditions by emergency order, if the commissioner determines that a closure or additional conditions are reasonably necessary for the protection of the resource. The commissioner shall close, by emergency order, the guided sport ecotourism Dungeness crab fishery if the personal use Dungeness crab fishery in the area is closed. The commissioner may reduce the number of allowable pots or the number of allowable lifts, or both, if more than one sport fishing operator registers for the George Inlet superexclusive guided sport ecotourism Dungeness crab fishery.

(j) Repealed 5/9/2015.

(k) Nothing in this section is intended to prohibit any form of guided sport fishing, otherwise permissible in George Inlet under applicable regulations, by a guided sport operator, sport fishing guide, or vessel not registered for the George Inlet superexclusive guided sport ecotourism Dungeness crab fishery.

(l) Notwithstanding 5 AAC 75.076(a), a guide conducting a guided sport ecotourism fishery under this section shall obtain and complete a guided sport ecotourism fishing logbook available from the department. Each week, the guided sport ecotourism fishing logbook for that week must be available on board the vessel at all times and for inspection upon request by a local representative of the department or a peace officer of the state. Within seven days after the end of each weekly reporting period, a sport fishing operator must submit all ecotourism logbooks for that week to the department's Ketchikan office.

(m) The commissioner may, by emergency order, require any additional recordkeeping or reporting by ecotourism operators or guides that the commissioner determines will be necessary for management or enforcement purposes.

(n) Repealed 7/29/2009.

(o) In this section, "sport fishing operator" means an owner of a business that conducts sport fishing services.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 3/14/2008, Register 186; am 7/1/2008, Register 186; am 7/29/2009, Register 191; am 5/11/2012, Register 202; am 5/9/2015, Register 214; am 3/15/2017, Register 221; am 3/28/2019, Register 229

5 AAC 47.091 Nakwasina Sound superexclusive guided sport ecotourism Dungeness crab fishery {#sec-5-aac-47.091 omnilex-key=us-ak-regs-official--title-5--5 AAC 47.091}

(a) The waters of Nakwasina Sound north of line from Krugloi Point at 57° 10.99' N. lat., 135° 26.36' W. long., to Dog Point at 57° 10.15' N. lat., 135° 26.47' W. long., and east of a line from Allen Point at 57° 14.54' N. lat., 135° 23.38' W. long., to Baranof Island at 57° 15.16' N. lat., 135° 23.38' W. long., are open as a superexclusive registration area for Dungeness crab ecotourism fishing from April 15 through September 30, subject to the requirements of this section and chapter.

(b) During the calendar year of registration, a sport fishing operator or vessel registered for the Nakwasina Sound superexclusive guided sport ecotourism Dungeness crab fishery may not participate in any other Dungeness crab fishery or any other guided sport fishery. From April 15 through September 30, a sport fishing guide registered for the Nakwasina Sound superexclusive guided sport ecotourism Dungeness crab fishery may not participate in any other Dungeness crab fishery, or any other guided sport fishery as a guide or sport fishing operator, during times when the guide is validly registered for the superexclusive fishery. A sport fishing guide may participate in another Dungeness crab fishery, or guided sport fishery as a guide or sport fishing operator, after submitting a written notification to the commissioner to invalidate the guide's registration for the superexclusive fishery.

(c) A sport fishing operator or vessel owner may register for the Nakwasina Sound superexclusive guided sport ecotourism fishery after December 1 of the year before the year in which fishing will occur and before January 3 of the calendar year in which fishing will occur. The registration will be effective for the calendar year in which fishing will occur.

(g) No bait may be added to a pot unless all crab are first removed from the pot and released.

(h) No more than four crabs may be left in a pot if a pot is returned to the water.

(i) The commissioner may close the fishery by emergency order, or close and immediately reopen the fishery with additional conditions by emergency order, if the commissioner determines that a closure or additional conditions are reasonably necessary for the protection of the resource. The commissioner may reduce the number of allowable pots or the number of allowable lifts, or both, if more than one sport fishing operator registers for the Nakwasina Sound superexclusive guided sport ecotourism Dungeness crab fishery.

(j) Nothing in this section is intended to prohibit any form of guided sport fishing, otherwise permissible in Nakwasina Sound under applicable regulations, by a sport fishing operator, sport fishing guide, or vessel not registered for the Nakwasina Sound superexclusive guided sport ecotourism Dungeness crab fishery.

(k) Notwithstanding 5 AAC 75.076(a), a sport fishing guide participating in a guided sport ecotourism fishery under this section shall obtain and each week complete a guided sport ecotourism fishery logbook available from the department. The guided sport ecotourism fishing logbook for that week must be available on board the vessel at all times and for inspection upon request by a local representative of the department or a peace officer of the state. Within seven days after the end of each weekly reporting period, the sport fishing operator must submit all ecotourism logbooks for that week to the department's Sitka office.

(l) The commissioner may, by emergency order, require any additional recordkeeping or reporting by ecotourism sport fishing operators or guides that the commissioner determines to be necessary for management or enforcement purposes.

(m) In this section, "sport fishing operator" means an owner of a business that conducts sport fishing services.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 6/17/2018, Register 226; am 3/28/2019, Register 229

5 AAC 47.095 Application of regulations {#sec-5-aac-47.095 omnilex-key=us-ak-regs-official--title-5--5 AAC 47.095}

The regulations in this chapter also apply in the adjoining waters of the exclusive economic zone.

History

Authority: AS 16.05.251; AS 16.10.190
Eff. 7/25/95, Register 135; am 4/23/98, Register 146

Chapter 49 (Repealed)

History

Eff. 4/30/91, Register 118; repealed 4/15/94, Register 130

Chapter 52 Upper Copper River and Upper Susitna River Area

5 AAC 52.001 Application of this chapter {#sec-5-aac-52.001 omnilex-key=us-ak-regs-official--title-5--5 AAC 52.001}

This chapter applies to sport fishing in the Upper Copper River and the Upper Susitna River, including their drainages.

History

Authority: AS 16.05.251(a)

5 AAC 52.005 Description of the Upper Copper River and Upper Susitna River Area {#sec-5-aac-52.005 omnilex-key=us-ak-regs-official--title-5--5 AAC 52.005}

The Upper Copper River and Upper Susitna River Area consists of all waters and drainages of the Copper River upstream from a line crossing the Copper River between the south bank of the mouth of Haley Creek and the south bank of the mouth of Canyon Creek in Wood Canyon, and all waters and drainages of the Upper Susitna River upstream from the confluence of the Oshetna River.

History

Authority: AS 16.05.251

5 AAC 52.010 Code key for open fishing seasons {#sec-5-aac-52.010 omnilex-key=us-ak-regs-official--title-5--5 AAC 52.010}

Repealed.

5 AAC 52.020 Code key for bag limits, possession limits, and size limits {#sec-5-aac-52.020 omnilex-key=us-ak-regs-official--title-5--5 AAC 52.020}

Repealed.

5 AAC 52.022 General provisions for seasons, bag, possession, annual, and size limits, and methods and means for the Upper Copper River and Upper Susitna River Area {#sec-5-aac-52.022 omnilex-key=us-ak-regs-official--title-5--5 AAC 52.022}

(a) Unless otherwise specified in 5 AAC 52.023, or by an emergency order issued under AS 16.05.060, the following are the seasons, bag, possession, annual, and size limits, and method and means that apply to sport fishing for finfish in the Upper Copper River and Upper Susitna River Area:

(1) in all flowing waters of the Upper Copper River drainage and Tyone River drainage, only unbaited, single-hook, artificial lures may be used;

(2) in all lakes, except Crosswind Lake, Lake Louise, Paxson Lake, Summit Lake, Susitna Lake, and Tyone Lake, bait and artificial lures may be used; in Crosswind Lake, Lake Louise, Paxson Lake, Summit Lake, Susitna Lake, and Tyone Lake, a hook and bait may be used only as follows:

(A) from May 16 - October 31, only unbaited, single-hook, artificial lures may be used;

(B) from November 1 - May 15, only single-hooks may be used; bait may be used;

(3) king salmon: may be taken only from January 1 - July 19, as follows;

(A) 20 inches or greater in length; bag and possession limit of one fish; annual limit of four fish; a harvest record is required as specified in 5 AAC 75.006;

(B) less than 20 inches in length; bag and possession limit of 10 fish;

(C) in all waters, a king salmon that is removed from the water must be retained and becomes part of the bag limit of the person that originally hooked the fish; a person may not remove a king salmon from the water before releasing the fish;

(4) salmon, other than king salmon: may be taken from January 1 - December 31, as follows;

(A) greater than 16 inches in length; bag and possession limit of three fish, except that the daily bag limit for sockeye salmon greater than 16 inches in length is three fish and the possession limit is six fish;

(B) 16 inches or less in length; bag and possession limit of 10 fish;

(C) in all waters, a salmon, including a king salmon as specified in (3)(C) of this subsection, that is removed from the water must be retained and becomes part of the bag limit of the person that originally hooked the fish; a person may not remove a salmon from the water before releasing the fish;

(5) rainbow/steelhead trout: may be taken from January 1 - December 31; bag and possession limit of two fish, of which only one may be 20 inches or greater in length;

(6) burbot: may be taken from January 1 - December 31; bag and possession limit of five fish; no size limit;

(7) Arctic grayling: may be taken from January 1 - December 31; bag and possession limit of five fish; no size limit;

(8) Dolly Varden/Arctic char: may be taken from January 1 - December 31; bag and possession limit of 10 fish; no size limit;

(9) lake trout: may be taken from January 1 - December 31; bag and possession limit of two fish; no size limit;

(10) other finfish not specified in (3) - (9) of this subsection: may be taken from January 1 - December 31; no bag, possession, or size limits;

(11) whitefish may be taken from October 1 - March 31 by spear or bow and arrow;

(12) suckers may be taken from January 1 - December 31 by spear or bow and arrow;

(13) repealed 7/28/2023;

(14) the use of set lines is prohibited.

(b) Repealed 6/7/2025.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 5/4/94, Register 130; am 5/5/94, Register 131; am 4/11/97, Register 142; am 7/8/99, Register 151; am 3/16/2000, Register 153; am 5/11/2003, Register 166; am 3/30/2006, Register 177; am 4/24/2009, Register 190; am 3/24/2012, Register 201; am 2/23/2014, Register 209; am 2/22/2015, Register 213; am 3/29/2018, Register 225; am 6/28/2019, Register 230; am 3/27/2022, Register 241; am 7/28/2023, Register 247; am 6/7/2025, Register 254

5 AAC 52.023 Special provisions for seasons, bag, possession, and size limits, and methods and means for the Upper Copper River and Upper Susitna River Area {#sec-5-aac-52.023 omnilex-key=us-ak-regs-official--title-5--5 AAC 52.023}

Unless otherwise specified by an emergency order issued under AS 16.05.060, the following are special provisions to the seasons, bag, possession, and size limits, and methods and means provisions under 5 AAC 52.022 for the Upper Copper River and Upper Susitna River Area:

(1) repealed 4/24/2009;

(2) in Chokosna River, sport fishing for king salmon is closed; king salmon may not be taken or possessed;

(3) in the Copper River drainage, in that portion of the mainstem of the Copper River downstream from the confluence of the Copper River and the Slana River,

(A) bait and artificial lures may be used;

(B) burbot may be taken with more than one line and hook, including a set line, as described in 5 AAC 75.033;

(4) in the Copper River drainage, in that portion of the flowing waters of the Copper River tributaries downstream of the Richardson Highway and Glenn Highway (Tok cutoff) on the west bank tributaries and the flowing waters of the east bank tributaries, excluding the Gulkana River, burbot may be taken using set lines with bait as described in 5 AAC 75.033;

(5) in Crosswind Lake,

(A) the bag and possession limit for lake trout is one fish, with no size limit;

(B) repealed 3/24/2012;

(6) in Fish Creek (tributary to Mentasta Lake), sport fishing for salmon is closed;

(7) in all clearwater tributaries of the Gakona River, including all flowing waters within a one-quarter mile radius of their confluence with the Gakona River, sport fishing for king salmon is closed; king salmon may not be taken or possessed;

(8) in the Gilahina River, including all flowing waters within a one-quarter mile radius of its confluence with the Chitina River, sport fishing for king salmon is closed; king salmon may not be taken or possessed;

(9) in the Gulkana River drainage,

(A) from June 1 - July 31, only single-hook, artificial flies, with a gap that does not exceed three-quarters inch between the point and shank, may be used in that portion of the Gulkana River downstream from the upstream edge of the Richardson Highway Bridge to an ADF&G regulatory marker located approximately 500 yards downstream of the confluence with the Copper River; additional weight may only be used 18 inches or more ahead of the fly;

(B) from June 1 - July 19, bait and artificial lures may be used in that portion of the mainstem of the Gulkana River upstream from the Richardson Highway Bridge to an ADF&G regulatory marker located approximately at an unnamed creek flowing into the Gulkana River about seven and one-half miles upstream from the confluence with the West Fork of the Gulkana River;

(C) in waters upstream of Paxson Lake, and those waters of Paxson Lake within a 100-yard radius of the mouth of the East Fork at the north end of Paxson Lake, upstream to Summit Lake,

(i) sport fishing for salmon is closed; salmon may not be taken or possessed;

(ii) rainbow/steelhead trout may not be retained or possessed; all rainbow/steelhead trout caught must be released immediately and returned to the water unharmed;

(iii) the bag and possession limit for Arctic grayling is two fish, with no size limit;

(D) in all flowing waters from 100 yards upstream from the narrows at the Paxson Lake outlet downstream to the confluence with the Middle Fork,

(i) sport fishing for salmon is closed; salmon may not be taken or possessed;

(ii) repealed 3/29/2018;

(iii) rainbow/steelhead trout may not be retained or possessed; all rainbow/steelhead trout caught must be released immediately and returned to the water unharmed;

(iv) repealed 3/27/2022;

(E) in all waters of the Middle Fork of the Gulkana River from the outlet of Dickey Lake to an ADF&G regulatory marker located approximately three miles downstream, including Hungry Hollow Creek downstream of the outlet of Wait-A-Bit Lake and Twelvemile Creek,

(i) sport fishing is allowed only from June 15 - April 14, except that sport fishing for king salmon is closed; king salmon may not be taken or possessed and must be released immediately and returned to the water unharmed;

(ii) rainbow/steelhead trout may not be retained or possessed; all rainbow/steelhead trout caught must be released immediately and returned to the water unharmed;

(iii) repealed 3/27/2022;

(F) in all other waters of the Middle Fork of the Gulkana River not specified in (E) of this paragraph,

(i) sport fishing for king salmon is closed; king salmon may not be taken or possessed and must be released immediately and returned to the water unharmed;

(ii) rainbow/steelhead trout may not be retained or possessed; all rainbow/steelhead trout caught must be released immediately and returned to the water unharmed;

(iii) repealed 3/27/2022;

(G) all waters downstream of the confluence of the Middle Fork,

(i) rainbow/steelhead trout may not be retained or possessed; all rainbow/steelhead trout caught must be released immediately and returned to the water unharmed;

(ii) repealed 3/27/2022;

(H) in all flowing waters of the West Fork of the Gulkana River upstream of an ADF&G regulatory marker located one-half mile upstream of the confluence of the West Fork and mainstem of the Gulkana River,

(i) salmon, other than king salmon, may be taken from January 1 - July 31;

(ii) sockeye salmon may be taken from August 1 - December 31, with a bag and possession limit of six fish;

(iii) rainbow/steelhead trout may not be retained or possessed; all rainbow/steelhead trout caught must be released immediately and returned to the water unharmed;

(iv) repealed 3/27/2022;

(10) in Hudson Lake, the bag and possession for burbot is two fish, with no size limit;

(11) in Indian Creek, including all flowing waters within a one-quarter mile radius of its confluence with the Copper River, sport fishing for king salmon is closed; king salmon may not be taken or possessed;

(12) in the Klutina River drainage, bait and artificial lures may be used;

(A) in Klutina Lake,

(i) sport fishing for king salmon is closed; king salmon may not be taken or possessed;

(ii) salmon, other than king salmon, may be taken only from January 1 - July 19;

(B) in all flowing waters upstream of Klutina Lake,

(i) sport fishing for king salmon is closed; king salmon may not be taken or possessed;

(ii) salmon, other than king salmon, may be taken only from January 1 - July 19;

(i) king salmon may be taken only from July 1 - July 19, excluding Manker Creek;

(ii) salmon, other than king salmon, may be taken only from January 1 - July 19;

(D) in Manker Creek, including all flowing waters within a one-quarter mile radius of its confluence with the Klutina River,

(i) sport fishing for king salmon is closed; king salmon may not be taken or possessed;

(ii) salmon, other than king salmon, may be taken only from January 1 - July 19;

(E) in all flowing waters downstream of the ADF&G regulatory markers located at Mile 19.2 on the Klutina Lake Road, king salmon may be taken only from July 1 - July 31;

(F) in all other lakes, salmon, other than king salmon, may be taken only from January 1 - July 19;

(G) in all flowing waters downstream of the ADF&G regulatory markers located at Mile 13 on the Klutina Lake Road, king salmon may be taken only from July 1 - August 10;

(13) in Lake Louise,

(A) repealed 3/30/2006;

(B) repealed 3/30/2006;

(D) the bag and possession limit for lake trout is one fish, with no size limit;

(14) in the Mendeltna Creek drainage,

(A) in all flowing waters, including all waters within one-quarter mile of Mendeltna Creek's confluence with Tazlina lake,

(i) sport fishing for salmon is closed; salmon may not be taken or possessed;

(ii) repealed 6/7/2025;

(B) in all lakes, sport fishing for salmon is closed; salmon may not be taken or possessed;

(15) in Moose Lake,

(A) sport fishing for salmon is closed; salmon may not be taken or possessed;

(B) the bag and possession limit for burbot is two fish, with no size limit;

(16) repealed 4/24/2009;

(17) in Our Creek,

(A) repealed 6/7/2025;

(B) the bag and possession limit for burbot is two fish, with no size limit;

(18) in Paxson Lake,

(A) repealed 3/29/2018;

(B) repealed 3/29/2018;

(D) rainbow/steelhead trout may not be retained or possessed; all rainbow/steelhead trout caught must be released immediately and returned to the water unharmed;

(E) repealed 3/27/2022;

(F) the bag and possession limit for lake trout is one fish, with no size limit;

(19) in the Slana River drainage, including the flowing waters within a one-quarter mile radius of the confluence of the Slana and Copper Rivers,

(A) whitefish may be taken using a spear or bow and arrow from January 1 - December 31;

(B) sport fishing for king salmon is closed; king salmon may not be taken or possessed;

(20) in the Summit Lake drainage,

(A) repealed 3/29/2018;

(B) repealed 3/29/2018;

(D) rainbow/steelhead trout may not be retained or possessed; all rainbow/steelhead trout caught must be released immediately and returned to the water unharmed;

(E) the bag and possession limit for burbot is two fish, with no size limit;

(F) the bag and possession limit for Arctic grayling is two fish, with no size limit;

(G) the bag and possession limit for lake trout is one fish, with no size limit;

(21) in Susitna Lake,

(A) the bag and possession limit for burbot is two fish, with no size limit;

(B) the bag and possession limit for lake trout is one fish, with no size limit;

(22) in the Tazlina River drainage,

(A) in all flowing waters entering Tazlina Lake, except for a quarter-mile radius around the mouth of Kaina Creek, sport fishing for king salmon is closed; king salmon may not be retained or possessed;

(B) in Moose Creek, artificial lures and bait may be used;

(23) in the Tebay River drainage,

(A) in Summit Lake and Bridge Creek, the bag and possession limit for rainbow/steelhead trout is 10 fish, of which only one may be greater than 18 inches in length;

(B) in the Hanagita River drainage, and the Tebay River downstream from the confluence with the Hanagita River, rainbow/steelhead trout may not be retained or possessed and must be released immediately and returned to the water unharmed;

(24) in Tolsona Lake,

(A) the bag and possession limit for burbot is two fish, with no size limit;

(B) repealed 4/24/2009;

(25) in the Tonsina River drainage,

(A) in all flowing waters downstream from the outlet of Tonsina Lake,

(i) bait and artificial lures may be used;

(ii) king salmon may be taken only from July 1 - July 19;

(B) in Tonsina Lake, sport fishing for king salmon is closed; king salmon may not be retained or possessed;

(C) in all flowing waters entering into Tonsina Lake, sport fishing for king salmon is closed; king salmon may not be retained or possessed;

(D) in all tributaries to Tonsina River, including Little Tonsina River and Bernard Creek, and all flowing waters within a one quarter-mile radius of their confluence with the Tonsina River, sport fishing for king salmon is closed; king salmon may not be retained or possessed;

(E) in all flowing waters downstream of the downstream edge of the Alyeska Pipeline crossing bridge, king salmon may be taken only from July 1 - August 10;

(26) in Tyone Lake,

(A) repealed 3/30/2006;

(B) repealed 3/30/2006;

(D) the bag and possession limit for lake trout is one fish, with no size limit;

(27) in the Tyone River drainage,

(A) in all flowing waters,

(i) repealed 3/30/2006;

(ii) the bag and possession limit for burbot is two fish, with no size limit;

(B) in all lakes,

(i) repealed 3/30/2006;

(ii) repealed 3/30/2006;

(iii) repealed 3/30/2006;

(iv) the bag and possession limit for burbot is two fish, with no size limit;

(28) in stocked waters, the bag and possession limit for rainbow/steelhead trout, Arctic char/Dolly Varden, landlocked salmon, and Arctic grayling is 10 fish in combination, of which only one may be greater than 18 inches in length; for the purposes of this paragraph "stocked waters" include Arizona Lake, Buffalo Lake, Connor Lake, Crater Lake, Dick Lake, DJ Lake, Gergie Lake, John Lake, Junction Lake, North Jans Lake, Old Road Lake, Peanut Lake, Pippin Lake, Round Lake, Ryan Lake, Sculpin Lake, Silver Lake, Strelna Lake, South Jans Lake, Squirrel Creek Pit Lake, Tex Smith Lake, Three Mile Lake, Tolsona Lake, Tolsona Mountain Lake, and Two Mile Lake;

(29) in the Susitna River drainage, upstream from the confluence of the Oshetna River, sport fishing for salmon is closed; salmon may not be retained or possessed; all salmon caught must be released immediately and returned to the water unharmed;

(30) in the Lakina River, including all flowing waters within a one-quarter mile radius of its confluence with the Chitina River, sport fishing for king salmon is closed; king salmon may not be taken or retained;

(31) in Sinona Creek, including all flowing waters within a one-quarter mile radius of its confluence with the Copper River, sport fishing for king salmon is closed; king salmon may not be taken or retained;

(32) in the Copper River drainage, downstream of the upstream bank of the Klutina River, king salmon may be taken only from July 1 - August 10.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 5/11/2003, Register 166; am 5/19/2004, Register 170; am 3/30/2006, Register 177; am 4/24/2009, Register 190; am 3/24/2012, Register 201; am 7/13/2012, Register 203; am 2/22/2015, Register 213; am 3/29/2015, Register 213; am 3/29/2018, Register 225; am 3/27/2022, Register 241; am 6/7/2025, Register 254

5 AAC 52.024 Harvest record required; annual limit {#sec-5-aac-52.024 omnilex-key=us-ak-regs-official--title-5--5 AAC 52.024}

Repealed.

History

Eff. 5/5/94, Register 130; am 3/30/2000, Register 153; am 5/11/2003, Register 166; repealed 2/23/2014, Register 209

5 AAC 52.025 Ice house registration {#sec-5-aac-52.025 omnilex-key=us-ak-regs-official--title-5--5 AAC 52.025}

(a) In the upper Copper River and Susitna River drainages, a person using an ice house that is not removed from the ice daily shall register the ice house with, and receive a permit from the department for that year.

(b) An ice house registered under this section must display the department's permit number on one side and on the roof of the ice house in numbers not less than 12 inches high, one inch wide, and plainly visible. The numbers must be in a color that contrasts with the color of the ice house.

History

Authority: AS 16.05.251
Eff. 7/28/2023, Register 247

5 AAC 52.030 Methods, means, and general provisions - finfish {#sec-5-aac-52.030 omnilex-key=us-ak-regs-official--title-5--5 AAC 52.030}

Repealed.

History

Eff. 5/4/94, Register 130; repealed 5/11/2003, Register 166

5 AAC 52.035 Methods and means {#sec-5-aac-52.035 omnilex-key=us-ak-regs-official--title-5--5 AAC 52.035}

(a) Repealed 5/4/94.

(b) Repealed 4/30/91.

(d) Repealed 5/4/94.

(e) Repealed 5/4/94.

(f) Repealed 5/4/94.

5 AAC 52.037 Freshwater guiding requirements {#sec-5-aac-52.037 omnilex-key=us-ak-regs-official--title-5--5 AAC 52.037}

(a) In the Copper River drainage, a sport fishing guide while providing sport fishing guide services in fresh water may sport fish, but may not retain a king salmon, while a client is present or is within the guide's control or responsibility.

(b) Repealed 5/13/95.

History

Authority: AS 16.05.251
Eff. 5/5/94, Register 130; am 5/13/95, Register 134; am 8/17/97, Register 143; am 3/16/2000, Register 153; am 3/30/2000, Register 153; am 2/10/2005, Register 173

5 AAC 52.040 Fly-fishing-only water {#sec-5-aac-52.040 omnilex-key=us-ak-regs-official--title-5--5 AAC 52.040}

Repealed 4/9/89.

5 AAC 52.045 Lake Burbot Management Plan {#sec-5-aac-52.045 omnilex-key=us-ak-regs-official--title-5--5 AAC 52.045}

Repealed.

History

Eff. 4/9/89, Register 110; repealed 4/24/2009, Register 190

5 AAC 52.050 Waters closed to sport fishing {#sec-5-aac-52.050 omnilex-key=us-ak-regs-official--title-5--5 AAC 52.050}

Repealed.

5 AAC 52.055 Wild Arctic Grayling Management Plan {#sec-5-aac-52.055 omnilex-key=us-ak-regs-official--title-5--5 AAC 52.055}

(a) By employing a conservative harvest regime, the department shall manage wild Arctic grayling populations in the Upper Copper River and Upper Susitna River Area for long-term sustained yield. Following sustained yield principles, the department may manage wild Arctic grayling fisheries to provide or maintain fishery qualities that are desired by sport anglers.

(b) In a sport fishery covered by this management plan, the commissioner, by emergency order, may take one or more of the management actions specified in this subsection if there are conservation or biological concerns for the sustainability of the fishery or for a stock harvested by that fishery. The concerns must arise from harvest, effort, or catch data for that fishery which has been derived from statewide harvest survey data, on-site creel survey data, stock status data, stock exploitation rates, or from inferential comparisons with other fisheries. The management actions are as follows:

(1) reduce the bag and possession limits;

(2) reduce fishing time;

(3) allowing only a catch-and-release fishery;

(4) modify methods and means of harvest.

(c) To achieve sustained yield and provide diverse fishing opportunities, the board and department will manage wild Arctic grayling fisheries under one of three management approaches. The three management approaches are the

(1) regional management approach;

(2) conservative management approach; and

(3) special management approach.

(d) Regional management approach. Under the regional management approach, sport anglers may use baited or unbaited artificial lures and the bag and possession limit is five fish. The season is open year round, however there are fisheries where catch-and-release is imposed during part or all of the spawning period from April 1 through May 31.

(e) Conservative management approach. Under the conservative management approach, sport anglers may use baited or unbaited single-hook artificial lures. The bag and possession limit is two fish. The fishing season is open year round, and is restricted to catch-and-release fishing during the spawning period of April 1 through May 31. The use of size limits does apply to certain stocks and fisheries under this approach. If a fishery for a species other than Arctic grayling occurs in the water body, the use of larger multiple hooks and bait on larger single and multiple hooks is allowed.

(f) Proposed changes to the conservative management approach may

(1) allow a limited harvest of fish 18 inches or greater in length;

(2) accommodate a fishery that is consistent with this management approach due to its historic features; or

(3) propose another management strategy for a fishery that has documented biological or conservation issues that are not severe enough to warrant a catch-and-release fishing restriction.

(g) The department shall manage Mendeltna Creek, Moose Lake, Our Creek, and the Gulkana River drainage upstream of Paxson Lake as described in 5 AAC 52.023(9)(C) and 5 AAC 52.023(20)(F) under the conservative management approach.

(h) Special management approach. Under the special management approach, only unbaited single-hook artificial lures and unbaited single hook artificial flies may be used. Size limits may be imposed for certain fisheries and may include trophy designation, which is a fish 18 inches or greater in length. The bag limit is one fish, except that a fishery may be restricted to catch-and-release fishing or closed. Single-hook waters may be established. The fishing season is open year round, but fishing is restricted to catch-and-release fishing during the April 1 through May 31 spawning period. If a fishery for a species other than Arctic grayling occurs in the same water body, the use of larger multiple hooks and bait on larger single and multiple hooks is allowed.

(i) Proposals to change the management approach for a water body or fish stock to the special management approach should tend to diversify sport fishing opportunities, such as by limiting fishing to catch-and-release, limiting fishing to fly-fishing, or limiting harvest to fish that qualify for a trophy designation, meaning that a fish retained must be 18 inches or greater in length. Before adopting changes to the special management approach, the board should review any overlapping or concurrent fisheries that harvest other species, and attempt to minimize gear conflicts, or seasonal use pattern conflicts with those fisheries. The board should tend to adopt the special management approach for a fishery exhibiting particular conservation, biological, or restoration issues. The board should tend to adopt the approach for a water body or for a fish stock that presents a unique opportunity for conducting research. That opportunity would exist for example, where the stock or water body is located near a research facility or within a unique habitat, or where there is an unexploited population that could be studied to determine population parameters such as natural mortality, growth rate, or the age at sexual maturity.

(j) If a proposal for managing wild Arctic grayling would apply to a water body in which there are fisheries for other species, the department shall provide detailed information to the board about potential conflicts that may be caused by the proposal.

(k) In addition to other criteria in this section, the board should consider applicable components of the following issues when dealing with a proposal for managing wild Arctic grayling under the conservative and special management approaches:

(1) biological attributes of the targeted stock: the board should consider whether the targeted stock has a sufficient population of fish 18 inches or greater in length that would enable it to support either the existing harvest or the projected harvest without undue risk to the conservation of the stock; the board should consider the impact of the proposal on other fisheries that harvest the stock and whether the other fisheries and harvests would threaten a sustained opportunity that the proposal presents;

(2) legal access to the fishery: it is desirable to have legal access to the fishery from several places along the affected water body; at least 50 percent of the lands bordering the water body should be in public ownership; the water body should be navigable, and a proposed fishery should have either road access, trail access from a road, or boat access that is not more than one day's travel from a boat launch or urban area;

(3) characteristics of the water body: the board should consider whether the water body affected by the proposal offers a unique fishing experience, such as that provided by a spring-fed, clear stream; the board should evaluate the water body's physical characteristics and its biological attributes, such as seasonal use by Arctic grayling or other life history traits, in order to meet angler preferences;

(4) conflicts with fisheries for other species or with subsistence fisheries: the board should attempt to minimize potential conflicts with concurrent or overlapping fisheries that harvest other species in the water body; the board should consider whether a proposal is compatible with subsistence practices that occur in the affected drainages or that occur on a fish stock that is impacted by a proposal;

(5) historical precedence: the board should tend to establish fishing opportunities in water bodies or on stocks that historically have provided special or unique angling opportunities;

(6) proximity of similar fishing opportunities: the board should tend to establish fishing opportunities where there are no similar types of fisheries that are within a day's travel.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 5/19/2004, Register 170; am 3/30/2006, Register 177; am 3/24/2012, Register 201; am 3/29/2018, Register 225

5 AAC 52.060 Wild Lake Trout Management Plan {#sec-5-aac-52.060 omnilex-key=us-ak-regs-official--title-5--5 AAC 52.060}

(a) Notwithstanding the other provisions in this chapter regarding lake trout, the department shall manage wild lake trout populations in the Upper Copper River and Upper Susitna River Area by employing a conservative harvest regime and by maintaining harvest below the maximum sustained yield level. Following sustained yield principles, the department may manage wild lake trout fisheries to provide or maintain fishery qualities that are desired by sport anglers.

(b) In a sport fishery covered by this management plan, the commissioner, by emergency order, may take one or more of the management actions specified in this subsection if there is a conservation or biological concern for the sustainability of the fishery or for a stock harvested by that fishery. The concern must arise from harvest, effort, or catch data for that fishery which has been derived from statewide harvest survey data, on-site creel survey data, stock status data, stock exploitation rates, or from inferential comparisons with other fisheries. The management actions are as follows:

(1) reduce the bag and possession limits;

(2) reduce fishing time;

(3) allow only a catch-and-release fishery;

(4) modify methods and means of harvest.

(c) If the harvest level in the Upper Copper River and Upper Susitna River Area exceeds sustained yield for a two-year time period, the commissioner by emergency order, may close the fishery and immediately reopen a fishery during which one or more of the following restrictions apply:

(1) bag and possession limit of one lake trout;

(2) a minimum size limit applies; the size limit shall be established based on the following considerations:

(A) length of maturity, with two years of protection from harvest for spawning fish before recruitment to the fishery;

(B) lake size, with no size limits for a trout population in a lake with a surface area less than 247 acres;

(C) uniformity of size limits, with the minimum size limit 24 inches unless the department determines that there is a biological justification for an alternate size limit;

(3) if the reduced bag limit or size limits do not keep harvest below maximum sustained yield levels the commissioner may further restrict harvest opportunity, through

(A) seasonal closures;

(B) spawning closures, winter closures, or both;

(D) allowing catch-and-release fishing only;

(E) a complete closure of the fishery.

(d) Special management waters are waters designated by regulation of the Board of Fisheries, where harvests are within sustained yield levels and where the management objectives include higher stock abundance or a need for a higher percentage of trophy-sized fish. Within special management areas, if the department determines that management objectives will not be met under existing regulatory provisions, the commissioner may, by emergency order, close the fishery and immediately reopen a fishery during which one or more of the following management measures apply:

(1) reduced fishing season;

(2) special gear restrictions;

(3) alternative size limits;

(4) catch-and-release fishing only.

(e) The department shall minimize potential conflicts with a subsistence fishery, or other fisheries that overlap the sport fishery, that harvest other fish within the same body of water.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 3/30/2006, Register 177

5 AAC 52.065 Upper Copper River and Upper Susitna River Area Stocked Waters Management Plan {#sec-5-aac-52.065 omnilex-key=us-ak-regs-official--title-5--5 AAC 52.065}

(a) The department shall manage stocked waters in the Upper Copper River and Upper Susitna River Area in order to meet public demand for diverse fishing opportunities. The department may manage fisheries to provide or maintain qualities that are desired by sport anglers. The department shall manage the stocked waters according to one of three management approaches. The management approaches are the

(1) regional management approach;

(2) conservative management approach; and

(3) special management approach.

(b) The board's regulations that govern stocked waters in the Upper Copper River and Upper Susitna River Area shall be consistent with the applicable management approach specified in (a) of this section.

(c) When a water body in the Upper Copper River and Upper Susitna River Area is first stocked, it shall be placed under the regional management approach category. After receiving a proposal from the public, the department, or from the board to reclassify a water body, and when the proposal meets the criteria for a different classification, the board may reclassify the water body. The board may act on a proposal to reclassify a water body or to designate a water body for special management only if the proposal has been submitted according to the procedures set out in 5 AAC 96.610 and is consistent with the board's regular meeting cycle schedule.

(d) Regional management approach. Under the regional management approach, stocked waters will be managed so that there will be a reasonable expectation of high catch rates and harvesting a daily bag limit. The bag and possession limit is 10 fish in combination of all stocked species, and only one of those fish may be 18 inches or greater in length. The fishing season is open year round and bait may be used.

(e) Conservative management approach. Under the conservative management approach, stocked waters will be managed so that there will be a reasonable expectation to catch a daily bag limit with a reasonable chance of catching fish 18 inches or greater in length. The bag and possession limit is five fish in combination of all stocked species, and only one of those fish may be 18 inches or greater in length. The fishing season is open year round and bait may be used.

(f) Special management approach. Under the special management approach, stocked waters will be managed so that there will be a high probability of an angler catching more than one fish a day that is 18 inches or greater in length. When considering a proposal regarding this management approach, the board should consider taking the following actions:

(1) limit fishing to

(A) catch-and-release fishing;

(B) fly fishing;

(2) establish seasonal periods when fishing is closed or is restricted to catch-and-release fishing; or

(3) establish a bag limit of one fish, 18 inches or greater in length, or another appropriate bag and size limit.

(g) During times of low hatchery output, the commissioner may, by emergency order, modify methods and means, reduce bag limits, or institute a catch-and-release only fishery.

History

Authority: AS 16.05.251
Eff. 5/19/2004, Register 170; am 9/12/2008, Register 187

Chapter 55 Prince William Sound Area

5 AAC 55.001 Application of this chapter {#sec-5-aac-55.001 omnilex-key=us-ak-regs-official--title-5--5 AAC 55.001}

This chapter applies to sport fishing in the Prince William Sound Area, including all of the drainages which flow into the Prince William Sound Area, excluding the waters of the Upper Copper River.

History

Authority: AS 16.05.251(a)

5 AAC 55.005 Description of the Prince William Sound Area {#sec-5-aac-55.005 omnilex-key=us-ak-regs-official--title-5--5 AAC 55.005}

The Prince William Sound Area consists of all waters of the Gulf of Alaska and its drainages, west of the longitude of Cape Suckling (144° W. long.), and east of the longitude of Cape Fairfield (148° 50.25' W. long.), excluding the Copper River drainage upstream of a line crossing the Copper River between the south bank of the confluence of Haley Creek and the south bank of the confluence of Canyon Creek in Wood Canyon.

History

Authority: AS 16.05.251

5 AAC 55.010 Code key for open fishing seasons {#sec-5-aac-55.010 omnilex-key=us-ak-regs-official--title-5--5 AAC 55.010}

Repealed.

5 AAC 55.020 Code key for bag limits, possession limits, and size limits {#sec-5-aac-55.020 omnilex-key=us-ak-regs-official--title-5--5 AAC 55.020}

Repealed.

5 AAC 55.022 General provisions for seasons, bag, possession, and size limits, and methods and means for the Prince William Sound Area {#sec-5-aac-55.022 omnilex-key=us-ak-regs-official--title-5--5 AAC 55.022}

(a) Unless otherwise specified in 5 AAC 55.023, or by an emergency order issued under AS 16.05.060, the following are the seasons, bag, possession, and size limits, and methods and means that apply to sport fishing for finfish and shellfish in the Prince William Sound Area:

(1) in all fresh waters of the Prince William Sound Area, only unbaited, artificial lures may be used from April 15 - June 14;

(2) king salmon: may be taken from January 1 - December 31, as follows:

(A) in fresh waters, as follows:

(i) king salmon 20 inches or greater in length; bag limit of two fish; possession limit of four fish;

(ii) king salmon less than 20 inches in length; bag and possession limit of 10 fish;

(B) in the salt waters;

(i) bag limit of two fish; possession limit of four fish; no size limit;

(ii) sport fishing charter operators and crewmembers may not retain king salmon as part of the operator or crewmember bag or possession limit while a client is on board the vessel;

(3) salmon, other than king salmon: may be taken from January 1 - December 31; bag limit of six fish; possession limit of 12 fish, of which only three fish per day and in possession may be coho salmon; no size limit;

(4) rainbow/steelhead/cutthroat trout, as follows:

(A) repealed 3/30/2006;

(B) in stocked lakes: may be taken from January 1 - December 31; bag and possession limit of 10 fish; no size limit; for the purposes of this subparagraph, "stocked lakes" includes Ruth Lake and Blueberry Lake;

(C) in all other waters not specified in this paragraph: may be taken only from June 15 - April 14; bag and possession limit of two fish, and notwithstanding 5 AAC 75.222, with a size limit of at least 11 inches in length but not more than 16 inches in length;

(5) Dolly Varden/Arctic char: may be taken from January 1 - December 31; bag and possession limit of 10 fish; no size limit;

(6) Arctic grayling: may be taken from January 1 - December 31; bag and possession limit of 10 fish; no size limit;

(7) halibut: may be taken only from February 1 - December 31; bag limit of two fish; possession limit of four fish; no size limit;

(8) lingcod: may be taken only from July 1 - December 31; bag and possession limit of one fish; must be 35 inches or greater in length including the head, or 28 inches or greater in length with the head removed;

(9) rockfish:

(A) may be taken from January 1 - December 31; bag limit of three fish; possession limit of six fish, of which only one per day and in possession may be nonpelagic rockfish; no size limit; yelloweye rockfish may only be retained from July 1 - December 31;

(B) repealed 3/29/2018;

(C) sport fishing charter operators and crewmembers may not retain a rockfish of any species as part of the operator or crewmember bag or possession limit while a client is onboard the vessel;

(10) sharks may be taken only as specified in 5 AAC 75.012;

(11) other finfish not specified in this subsection: may be taken from January 1 - December 31; no bag, possession, or size limits;

(12) lake trout: may be taken from January 1 - December 31; bag and possession limit of two fish; no size limit;

(b) Unless otherwise specified in 5 AAC 55.023, or by an emergency order issued under AS 16.05.060, the following are the seasons, bag, possession, and size limits, and methods and means that apply to sport fishing for shellfish in the Prince William Sound Area:

(1) the bag and possession limits for sport-harvested shellfish are not in addition to those allowed under subsistence fishing regulations under 5 AAC 02 or under personal use fishing regulations under 5 AAC 77;

(2) king crab: no open season; may not be taken or possessed;

(3) Tanner crab may be taken as follows:

(A) may be taken only under the authority of a permit issued by the department; a harvest recording form under 5 AAC 75.016 is required;

(B) may be taken from October 1 - March 31; only male Tanner crab five inches or greater in width of shell may be taken or possessed; the bag and possession limit is twelve male Tanner crab;

(C) may only be taken with pots; no more than two pots per person with a maximum of two pots per vessel; each pot must have no less than two escape rings of no less than four and three-eighths inch inside diameter; a pot may not have any portion of the line attaching the pot to a buoy floating on the surface of the water at any time, except that portion of the line connecting the main buoy to any auxiliary buoy or buoys;

(D) repealed 6/7/2025;

(E) repealed 6/7/2025;

(4) Dungeness crab: no open season; may not be taken or possessed;

(5) shrimp may be taken as follows:

(A) may be taken from May 1 - September 15; no bag, possession, or size limits;

(B) no more than five pots per person, with no more than five pots per vessel, may be used to take shrimp;

(C) all shrimp pots must have at least two adjacent vertical sides, or near-vertical sides, excluding tunnels, completely composed of uncovered net webbing or rigid mesh; pots that do not have a definable side, including round pots, must have net webbing or rigid mesh panels covering a minimum of 50 percent of the vertical, or near-vertical, surface area of the pot; the net webbing or rigid mesh on all pots must be large enough to allow the unaided passage of a maximum 12-inch long, seven-eighths inch diameter, round wooden peg without deforming the opening, except for the salvage;

(D) only under a permit issued by the department; a harvest recording form under 5 AAC 75.016 is required;

(E) a vessel may only have one shrimp pot in addition to the legal limit of shrimp pot gear;

(6) razor clams: may be taken from January 1 - December 31, in the waters of Prince William Sound east of 146° W. long. and south of a line from the southernmost tip of Point Bentinck to the southernmost tip of Point Whitshed; no bag or possession limits; only razor clams four and one-half inches or greater in shell length may be retained; a harvest recording form is required as specified in 5 AAC 75.016;

(7) shellfish not specified in this subsection: may be taken January 1 - December 31; no bag, possession, or size limits.

(c) Beginning January 1, 2020, a person sport fishing from a vessel and the operator of the vessel must comply with the requirements of 5 AAC 75.020(f).

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 5/4/94, Register 130; am 9/5/97, Register 143; am 3/16/2000, Register 153; am 7/5/2000, Register 155; am 9/30/2000, Register 155; am 5/11/2003, Register 166; am 3/13/2004, Register 169; am 12/1/2004, Register 172; am 3/30/2006, Register 177; am 7/1/2006, Register 178; am 4/24/2009, Register 190; am 8/23/2009, Register 191; am 3/24/2012, Register 201; am 6/1/2013, Register 206; am 3/29/2015, Register 213; am 7/22/2017, Register 223; am 3/29/2018, Register 225; am 8/10/2018, Register 227; am 6/28/2019, Register 230; am 3/27/2022, Register 241; am 6/7/2025, Register 254; am 7/10/2025, Register 255

5 AAC 55.023 Special provisions for seasons, bag, possession, and size limits, and methods and means for the Prince William Sound Area {#sec-5-aac-55.023 omnilex-key=us-ak-regs-official--title-5--5 AAC 55.023}

Unless otherwise specified by an emergency order issued under AS 16.05.060, the following are special provisions to seasons, bag, possession, and size limits, and methods and means provisions under 5 AAC 55.022 in the Prince William Sound Area:

(1) the following special provisions apply to salmon, other than king salmon:

(A) in all freshwater drainages crossed by the Copper River Highway from and including Eyak River to the Million Dollar Bridge, including Clear Creek at mile 42,

(i) the bag and possession limit is three fish; a coho salmon removed from the water shall be retained and becomes part of the bag limit of the person originally hooking it; a person may not remove a coho salmon from the water before releasing the fish;

(ii) from August 15 - September 15, after taking and retaining a bag limit of coho salmon, a person may not sport fish with bait for the remainder of that day in any of the waters described in this subparagraph;

(B) within the following terminal harvest areas, the bag limit is six fish; and the possession limit is 12 fish:

(i) Cordova vicinity: the salt waters north of a line from Odiak Slough to Stump Point and south of a line from Orca Cannery to Knot Point;

(ii) Valdez vicinity: the salt waters north of a line from Point Freemantle to Rocky Point, excluding Jack Bay, Sawmill Bay, and Galena Bay;

(iii) Whittier vicinity: the salt waters west of a line from Trinity Point to Gradual Point;

(iv) Chenega vicinity: the salt waters inside the entrance of Sawmill Bay and Crab Bay;

(C) Shelter Bay: in salt waters of Shelter Bay of Hinchinbrook Island and all fresh waters draining into Shelter Bay; bag limit of six fish and possession limit of 12 fish, of which only one fish may be a coho salmon;

(D) repealed 3/24/2012;

(E) Johnstone Bay: in the freshwater drainages of Johnstone Bay: bag and possession limit of three fish, of which two per day and in possession may be coho salmon;

(2) snagging is prohibited

(A) repealed 3/24/2012;

(B) within the Whittier small boat harbor;

(C) from June 1 - September 30, in the Cordova vicinity in the salt waters north of a line from Odiak Slough to Stump Point and south of a line from Orca Cannery to Knot Point;

(3) the waters of Lake Bay of Ester Island inside ADF&G regulatory markers located approximately 100 feet seaward of the Ester Hatchery broodstock holding pen are closed to sport fishing;

(4) the Robe River downstream from the Richardson Highway to an ADF&G regulatory marker located approximately 100 yards downstream from the confluence with the Lowe River is a fly-fishing-only water, with a bag and possession limit of three salmon, of which only one fish may be a coho salmon and only one fish may be a sockeye salmon;

(5) Solomon Gulch Creek downstream from an ADF&G regulatory marker located approximately 300 feet downstream of the Valdez Fisheries Development Association's weir is open to salmon fishing with a bag limit of six fish and possession limit of 12 fish, of which only three per day and in possession may be coho salmon;

(6) repealed 3/29/2015;

(7) in the Eyak River from a point 200 yards upstream from the Eyak Lake water control structure to a point 200 yards downstream from the bridge at the outlet of Eyak Lake, from June 1 - September 30, only single-hook, artificial flies with a gap between the point and the shank of 3/8 inch or less with no additional weight attached to the line may be used;

(8) the following waters of the Prince William Sound Area are closed to sport fishing for salmon:

(A) repealed 3/29/2018;

(B) Eccles Creek;

(D) Hartney Creek upstream from Whitshed Road;

(E) all waters that drain into Port Valdez inside of a line from Allison Point to and including Mineral Creek, except the Robe River and Solomon Gulch Creek as described in (4) and (5) of this section;

(9) Ibeck Creek is closed to sport fishing in the waters upstream from ADF&G regulatory markers located approximately three miles upstream from the Copper River Highway Bridge;

(10) in Main Bay, sport fishing is prohibited

(A) within 200 feet of the Main Bay Hatchery barrier seine; and

(B) inside the Main Bay Hatchery barrier seine and shoreward to the head of the bay, except that when the barrier seine is not present, sport fishing is allowed within 300 feet of the fish ladder.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 5/11/2003, Register 166; am 12/1/2004, Register 172; am 9/1/2006, Register 179; am 4/24/2009, Register 190; am 3/24/2012, Register 201; am 3/29/2015, Register 213; am 3/29/2018, Register 225; am 6/7/2025, Register 254

5 AAC 55.025 Use of pink and chum salmon as bait in the Prince William Sound Area {#sec-5-aac-55.025 omnilex-key=us-ak-regs-official--title-5--5 AAC 55.025}

Notwithstanding 5 AAC 75.026, in the Prince William Sound Area, pink and chum salmon taken in a sport fishery may be used for bait in a sport, personal use, or subsistence fishery.

History

Authority: AS 16.05.251
Eff. 4/24/2009, Register 190

5 AAC 55.030 Methods, means, and general provisions - finfish {#sec-5-aac-55.030 omnilex-key=us-ak-regs-official--title-5--5 AAC 55.030}

(a) Repealed 5/11/2003.

(b) Repealed 3/16/2000.

(d) Repealed 5/11/2003.

History

Eff. 5/4/94, Register 130; am 3/16/2000, Register 153; am 5/11/2003, Register 166

5 AAC 55.033 Copper River Delta Special Management Area for Trout {#sec-5-aac-55.033 omnilex-key=us-ak-regs-official--title-5--5 AAC 55.033}

Repealed.

History

Eff. 3/16/2000, Register 153; repealed 3/29/2015, Register 213

5 AAC 55.035 Methods, means, and general provisions - shellfish {#sec-5-aac-55.035 omnilex-key=us-ak-regs-official--title-5--5 AAC 55.035}

Repealed.

History

Eff. 5/11/85, Register 94; am 4/30/91, Register 118; am 4/14/93, Register 126; am 5/4/94, Register 130; am 6/5/94, Register 130; am 2/16/96, Register 137; am 9/5/97, Register 143; am 7/5/2000, Register 155; repealed 5/11/2003, Register 166

5 AAC 55.040 Fly-fishing-only waters {#sec-5-aac-55.040 omnilex-key=us-ak-regs-official--title-5--5 AAC 55.040}

(a) Repealed 5/4/94.

(b) Repealed 4/30/91.

History

Eff. 4/28/84, Register 90; am 5/11/85, Register 94; am 4/9/89, Register 110; am 4/30/91, Register 118; am 5/4/94, Register 130

5 AAC 55.050 Waters closed to sport fishing {#sec-5-aac-55.050 omnilex-key=us-ak-regs-official--title-5--5 AAC 55.050}

Repealed.

5 AAC 55.055 Prince William Sound noncommercial shrimp fishery management plan {#sec-5-aac-55.055 omnilex-key=us-ak-regs-official--title-5--5 AAC 55.055}

(a) The department shall manage the sport and subsistence shrimp fisheries in the Prince William Sound Area as follows:

(1) the guideline harvest level for shrimp taken by pot gear in subsistence fisheries is calculated as 60 percent of the total allowable harvest for the area;

(2) a harvest recording form is required as specified in 5 AAC 75.016; a person who fails to comply with the reporting requirements of this subsection or 5 AAC 75.016, including any requirement to return harvest and catch information to the department, is ineligible to obtain a shrimp harvest recording form during the following season in the fishery for which the form was required, unless the permit applicant demonstrates to the department that failure to report was due to unavoidable circumstances;

(3) shrimp may be taken with pots as follows:

(A) only from May 1 through September 15;

(B) no bag, possession, or size limit;

(D) a vessel may only have one shrimp pot in addition to the legal limit of shrimp pot gear;

(E) pots operated to take shrimp may be longlined; at least one buoy on the longline must be marked as set out under 5 AAC 75.035(1);

(F) a crab pot may not be fished on a longline with a shrimp pot;

(4) the sport and subsistence shrimp fisheries may open only if the estimated biomass is at least 20 percent of K.

(b) Repealed 7/13/2012.

(d) For the purpose of this section, "K" means the carrying capacity of spot shrimp under prevailing environmental conditions.

History

Authority: AS 16.05.251
Eff. 8/23/2009, Register 191; am 7/13/2012, Register 203; am 9/25/2022, Register 243; am 7/10/2025, Register 255

5 AAC 55.060 Yelloweye rockfish delegation of authority and provisions for management for the Prince William Sound Area {#sec-5-aac-55.060 omnilex-key=us-ak-regs-official--title-5--5 AAC 55.060}

The purpose of this delegation of authority is to stabilize the harvest of yelloweye rockfish in the waters of the Prince William Sound Area. Yelloweye rockfish will be managed for long-term sustainability of the stock. If the commissioner determines that the yelloweye rockfish sport fishing regulations must be modified to keep the sport fishery within a sustainable harvest level, the commissioner may, by emergency order, require one or more of the following management measures:

(1) modify bag and possession limits for nonresident anglers;

(2) implement an annual limit for nonresidents;

(3) prohibit charter vessel operators and crewmembers from retaining rockfish while clients are on board the vessel;

(4) implement an annual limit for resident anglers;

(5) implement a size restriction.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 6/7/2025, Register 254

5 AAC 55.095 Application of regulations {#sec-5-aac-55.095 omnilex-key=us-ak-regs-official--title-5--5 AAC 55.095}

The regulations in this chapter also apply in the adjoining waters of the exclusive economic zone.

History

Authority: AS 16.05.251; AS 16.10.190
Eff. 7/25/95, Register 135; am 4/23/98, Register 146

Chapter 56 Kenai Peninsula Area

5 AAC 56.001 Application of this chapter {#sec-5-aac-56.001 omnilex-key=us-ak-regs-official--title-5--5 AAC 56.001}

5 AAC 56.016 was repealed by emergency regulation effective April 30, 1991. On May 30, 1991, the Superior Court found the repeal invalid as an emergency regulation. Therefore, the repeal was not published in Register 118 (July 1991). The repeal subsequently was filed as a "regular" regulation.

Repealed 4/30/91.

5 AAC 56.017 King salmon harvest record; yearly limit {#sec-5-aac-56.017 omnilex-key=us-ak-regs-official--title-5--5 AAC 56.017}

Repealed.

History

Eff. 7/21/91, Register 119; am 5/22/96, Register 138; am 4/18/97, Register 142; repealed 2/25/98, Register 145

5 AAC 56.020 Code key for bag limits, possession limits, and size limits {#sec-5-aac-56.020 omnilex-key=us-ak-regs-official--title-5--5 AAC 56.020}

Repealed.

5 AAC 56.022 Waters; seasons; bag, possession, and size limits; and special provisions for the Kenai Peninsula Area (excluding the Kenai River drainage) {#sec-5-aac-56.022 omnilex-key=us-ak-regs-official--title-5--5 AAC 56.022}

Repealed.

History

Eff. 2/25/98, Register 145; am 3/21/99, Register 149; am 6/13/99, Register 150; am 5/18/2000, Register 154; am 3/11/2001, Register 157; am 6/22/2002, Register 162; am 5/18/2003, Register 166; em am 6/21/2004 - 10/18/2004, Register 171; am 2/13/2005, Register 173; am 6/11/2005, Register 174; repealed 10/1/2006, Register 179

5 AAC 56.023 Seasons; bag, possession, and size limits; and special provisions for the Kenai River drainage {#sec-5-aac-56.023 omnilex-key=us-ak-regs-official--title-5--5 AAC 56.023}

Repealed.

History

Eff. 6/22/2002, Register 162; am 8/9/2002, Register 163; am 5/18/2003, Register 166; am 7/31/2003, Register 167; em am 9/28/2004 - 1/25/2005, Register 172; am 6/11/2005, Register 174; am 6/22/2005, Register 174; repealed 10/1/2006, Register 179

5 AAC 56.024 Harvest record required; annual limits {#sec-5-aac-56.024 omnilex-key=us-ak-regs-official--title-5--5 AAC 56.024}

Repealed.

History

Eff. 2/25/98, Register 145; am 6/13/99, Register 150; am 6/22/2002, Register 162; am 6/11/2005, Register 174; repealed 10/1/2006, Register 179

5 AAC 56.035 Methods, means, and general provisions - Finfish {#sec-5-aac-56.035 omnilex-key=us-ak-regs-official--title-5--5 AAC 56.035}

Repealed.

History

Eff. 5/6/81, Register 78; am 5/17/81, Register 78; am 3/27/82, Register 81; am 6/20/82, Register 82; am 4/2/83, Register 85; am 4/28/84, Register 90; am 5/31/84, Register 90; am 5/11/85, Register 94; am 4/18/86, Register 98; am 5/2/86, Register 98; am 3/29/87, Register 101; am 6/10/89, Register 110; em am 4/30/91 - 5/30/91, Register 118 [not printed]; am 7/21/91, Register 119; am 4/14/93, Register 126; am 5/22/96, Register 138; am 4/18/97, Register 142; am 2/25/98, Register 145; am 3/21/99, Register 149; am 6/13/99, Register 150; am 6/22/2002, Register 162; am 3/13/2004, Register 169; repealed 10/1/2006, Register 179

5 AAC 56.036 Kenai River guiding and guided fishing requirements {#sec-5-aac-56.036 omnilex-key=us-ak-regs-official--title-5--5 AAC 56.036}

Repealed.

History

Eff. 5/19/82, Register 82; am 4/3/83, Register 85; am 6/30/83, Register 86; am 4/28/84, Register 90; am 5/31/84, Register 90; am 4/18/86, Register 98; am 5/29/86, Register 98; am 3/20/87, Register 101; am 6/10/89, Register 110; am 4/14/93, Register 126; am 4/18/97, Register 142; am 6/13/99, Register 150; am 6/22/2002, Register 162; am 2/10/2005, Register 173; am 6/11/2005, Register 174; repealed 10/1/2006, Register 179

5 AAC 56.037 Freshwater guiding requirements {#sec-5-aac-56.037 omnilex-key=us-ak-regs-official--title-5--5 AAC 56.037}

Repealed.

History

Eff. 7/21/91, Register 119; repealed 5/13/95, Register 134

5 AAC 56.038 Authorization for methods and means disability exemptions {#sec-5-aac-56.038 omnilex-key=us-ak-regs-official--title-5--5 AAC 56.038}

Repealed.

History

Eff. 6/22/2002, Register 162; repealed 3/13/2004, Register 169

5 AAC 56.040 Fly-fishing-only water {#sec-5-aac-56.040 omnilex-key=us-ak-regs-official--title-5--5 AAC 56.040}

Repealed.

5 AAC 56.050 Waters closed to sport fishing {#sec-5-aac-56.050 omnilex-key=us-ak-regs-official--title-5--5 AAC 56.050}

Repealed.

History

Eff. 5/6/81, Register 78; am 5/17/81, Register 78; am 3/27/82, Register 81; am 4/3/83, Register 85; am 6/30/83, Register 86; am 4/28/84, Register 90; am 5/11/85, Register 94; am 4/18/86, Register 98; am 3/29/87, Register 101; am 6/10/89, Register 110; em am 4/30/91 - 5/30/91, Register 118 [not printed]; am 7/21/91, Register 119; am 4/14/93, Register 126; am 5/22/96, Register 138; am 8/15/96, Register 139; am 1/1/97, Register 140; am 4/18/97, Register 142; repealed 2/25/98, Register 145

5 AAC 56.060 Special salmon dip net fishery management plan {#sec-5-aac-56.060 omnilex-key=us-ak-regs-official--title-5--5 AAC 56.060}

Repealed 6/20/82.

5 AAC 56.065 Riparian Habitat Fishery Management Plan {#sec-5-aac-56.065 omnilex-key=us-ak-regs-official--title-5--5 AAC 56.065}

Repealed.

History

Eff. 5/22/96, Register 138; am 2/25/98, Register 145; am 3/6/98, Register 145; am 6/13/99, Register 150; am 6/11/2005, Register 174; repealed 10/1/2006, Register 179

5 AAC 56.070 Kenai River and Kasilof River Early-run King Salmon Conservation Management Plan {#sec-5-aac-56.070 omnilex-key=us-ak-regs-official--title-5--5 AAC 56.070}

Repealed.

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 4/18/97, Register 142; am 6/13/99, Register 150; am 5/18/2000, Register 154; am 6/22/2002, Register 162; am 8/9/2002, Register 163; am 5/18/2003, Register 166; em am 6/16/2004 - 10/14/2004, Register 171; am 6/11/2005, Register 174; repealed 10/1/2006, Register 179

5 AAC 56.075 Russian River Sockeye Salmon Management Plan {#sec-5-aac-56.075 omnilex-key=us-ak-regs-official--title-5--5 AAC 56.075}

Repealed.

History

Eff. 6/11/2005, Register 174; repealed 10/1/2006, Register 179

5 AAC 56.080 Kenai River Coho Salmon Management Plan {#sec-5-aac-56.080 omnilex-key=us-ak-regs-official--title-5--5 AAC 56.080}

Repealed.

History

Eff. 6/21/97, Register 142; am 6/11/2005, Register 174; repealed 10/1/2006, Register 179

5 AAC 56.101 Application of this chapter {#sec-5-aac-56.101 omnilex-key=us-ak-regs-official--title-5--5 AAC 56.101}

The provisions of this chapter apply to sport fishing for finfish in the fresh waters of the Kenai Peninsula, except those waters east of and including Ingram Creek and those waters of the Kenai River Drainage Area described in 5 AAC 57.105.

History

Authority: AS 16.05.251
Eff. 10/1/2006, Register 179

5 AAC 56.105 Description of the Kenai Peninsula Area {#sec-5-aac-56.105 omnilex-key=us-ak-regs-official--title-5--5 AAC 56.105}

The Kenai Peninsula Area consists of all freshwater drainages of the Kenai Peninsula west of a line from Cape Fairfield (148° 50.25' W. long.) to the west bank of the mouth of Ingram Creek, excluding Ingram Creek and the Kenai River Drainage Area described in 5 AAC 57.105.

History

Authority: AS 16.05.251
Eff. 10/1/2006, Register 179; am 4/24/2009, Register 190

5 AAC 56.120 General provisions for seasons, bag, possession, annual, and size limits, and methods and means for the Kenai Peninsula Area {#sec-5-aac-56.120 omnilex-key=us-ak-regs-official--title-5--5 AAC 56.120}

Unless otherwise specified in 5 AAC 56.122 or by an emergency order issued under AS 16.05.060, the following are the general seasons, bag, possession, annual, and size limits, and methods and means that apply to sport fishing for finfish in the Kenai Peninsula Area:

(1) king salmon

(A) 20 inches or greater in length may not be retained or possessed; the season is closed for king salmon 20 inches or greater in length; a king salmon caught that is 20 inches or greater in length must be released immediately; a person may not remove a king salmon from the water before releasing the fish;

(B) less than 20 inches in length

(i) in flowing waters and unstocked lakes and ponds, may not be retained or possessed; king salmon less than 20 inches in length that are caught must be released immediately and returned to the water unharmed; a person may not remove a king salmon from the water before releasing the fish;

(ii) from January 1 - December 31, may be taken in stocked lakes and ponds; bag and possession limit of 10 fish; for the purpose of this sub-subparagraph, "stocked lakes and ponds" means Arc Lake, Aurora Lake, Barbara Lake, Cabin Lake, Centennial Lake, Chugach Estates Lake, Douglas Lake, Elephant Lake, Encelewski Lake, Island Lake, John Hedberg Lake, Johnson Lake, Longmere Lake, Loon Lake, Rogue Lake, Scout Lake, Sport Lake, Thetis Lake, Tirmore Lake, Troop Lake, and Upper Summit Lake;

(2) salmon, other than king salmon,

(A) 16 inches or greater in length may be taken from January 1 - December 31; bag and possession limit of three fish, of which only two may be coho salmon; if retention of coho salmon is allowed under this chapter, a coho salmon 16 inches or greater in length that is removed from the water must be retained and becomes part of the bag limit of the person originally hooking it; a person may not remove a coho salmon from the water before releasing the fish;

(B) less than 16 inches in length may be taken from January 1 - December 31; bag and possession limit of 10 fish;

(3) Arctic char/Dolly Varden may be taken in

(A) flowing waters from January 1 - December 31; bag and possession limit of two fish; no size limit;

(B) lakes and ponds from January 1 - December 31; bag and possession limit of five fish; no size limit;

(4) rainbow/steelhead trout, as follows:

(A) may be taken in flowing waters from January 1 - December 31; bag and possession limit of two fish, of which only one may be 20 inches or greater in length;

(B) may be taken in lakes and ponds from January 1 - December 31; bag and possession limit of five fish, of which only one may be 20 inches or greater in length;

(C) there is an annual limit of two fish 20 inches or greater in length, and a harvest record is required as specified in 5 AAC 75.006; notwithstanding the annual limit established for rainbow/steelhead trout in this subparagraph, the annual limit for rainbow/steelhead trout in the combined waters of the Kenai Peninsula Area and in the other areas in the Cook Inlet region that are open to sport fishing for rainbow/steelhead trout under 5 AAC 57 - 5 AAC 62 is two rainbow/steelhead trout 20 inches or greater in length;

(5) Arctic grayling may be taken from January 1 - December 31; bag and possession limit of five fish; no size limit;

(6) lake trout

(A) 20 inches or greater in length may be taken from January 1 - December 31; bag and possession limit of two fish;

(B) less than 20 inches in length may be taken from January 1 - December 31; bag and possession limit of 10 fish;

(7) repealed 6/8/2017;

(8) burbot: may be taken from January 1 - December 31; bag and possession limit of two fish; no size limit;

(9) other finfish not specified in this section may be taken from January 1 - December 31; no bag, possession, or size limits;

(10) northern pike may be taken from January 1 - December 31; no bag, possession, or size limits; northern pike may be taken in all waters of this section; notwithstanding 5 AAC 75.065, a northern pike caught may not be released back into the water alive.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 10/1/2006, Register 179; am 6/12/2011, Register 198; am 2/23/2014, Register 209; am 6/8/2017, Register 222; am 6/21/2020, Register 234; am 7/28/2023, Register 247; am 6/8/2024, Register 250

5 AAC 56.122 Special provisions for the seasons, bag, possession, annual, and size limits, and methods and means for the Kenai Peninsula Area {#sec-5-aac-56.122 omnilex-key=us-ak-regs-official--title-5--5 AAC 56.122}

(a) Unless otherwise specified by an emergency order issued under AS 16.05.060, the following are special provisions and localized additions and exceptions to the general seasons, bag, possession, annual, and size limits, and methods and means set out in 5 AAC 56.120 and 5 AAC 75 for the Kenai Peninsula Area:

(1) from September 16 - December 31 in flowing waters, except the Swanson River drainage, and the Kasilof River drainage below the Sterling Highway Bridge, only unbaited, artificial lures may be used;

(2) Anchor River drainage, except the Bridge Creek reservoir:

(A) only one unbaited, single-hook, artificial lure may be used

(i) from July 1 - July 15 and from September 1 - October 31 from its mouth upstream to an ADF&G regulatory marker located approximately 200 yards upstream of the Old Sterling Highway Bridge;

(ii) from August 1 - October 31 upstream from an ADF&G regulatory marker located approximately 200 yards upstream of the Old Sterling Highway Bridge;

(B) rainbow/steelhead trout may not be possessed or retained; rainbow/steelhead trout caught must be released immediately; a person may not remove rainbow/steelhead trout from the water before releasing the fish;

(C) from its mouth upstream to an ADF&G regulatory marker located approximately 200 yards upstream of the Old Sterling Highway Bridge sport fishing is open

(i) on the weekend, and the Monday and Wednesday following that weekend, before Memorial Day weekend and the following four weekends and the Monday and Wednesday following each of those weekends; and

(ii) from July 1 - October 31;

(D) upstream to an ADF&G regulatory marker located approximately 200 yards upstream of the Old Sterling Highway Bridge sport fishing is open from August 1 - October 31, except for salmon;

(E) sport fishing is open for king salmon from its mouth upstream to an ADF&G regulatory marker located approximately 200 yards upstream of the Old Sterling Highway Bridge only on the weekend, and the Monday and Wednesday following that weekend, before Memorial Day weekend and the following four weekends and the Monday and Wednesday following each of those weekends; for king salmon 20 inches or greater in length, the bag and possession limit is one fish; as part of the Cook Inlet region annual limit specified for king salmon in (b) of this section, a person may not retain more than two king salmon 20 inches or greater in length each year from the Anchor River and Deep Creek combined; a harvest record is required as specified in 5 AAC 75.006; a person who takes and retains the bag limit of king salmon 20 inches or greater in length from the Anchor River, Deep Creek, or the Ninilchik River may not sport fish in any of those drainages for the rest of that day; a king salmon 20 inches or greater in length that is removed from the water must be retained and becomes a part of the bag limit of the person originally hooking it; a person may not remove a king salmon from the water before releasing the fish;

(3) Bishop Creek drainage, including Daniels Creek:

(A) from June 11 - April 30, flowing waters are open to sport fishing;

(B) is closed to sport fishing for salmon;

(4) Crooked Creek drainage:

(A) from August 1 - December 31, is open to sport fishing;

(B) from September 1 - December 31, in flowing waters, only one unbaited, single-hook, artificial lure may be used;

(C) rainbow/steelhead trout may not be possessed or retained; rainbow/steelhead trout caught must be released immediately; a person may not remove rainbow/steelhead trout from the water before releasing the fish;

(5) Deep Creek drainage:

(A) only one unbaited, single-hook, artificial lure may be used

(i) from July 1 - July 15 and from September 1 - October 31 from its mouth to ADF&G regulatory markers located approximately two miles upstream;

(ii) from August 1 - October 31 upstream of ADF&G regulatory markers located approximately two miles upstream from its mouth;

(i) on Memorial Day weekend and the following two weekends and the Monday following each of those weekends; and

(ii) from July 1 - October 31;

(D) open to sport fishing for king salmon from its mouth upstream to ADF&G regulatory markers located two miles upstream only on Memorial Day weekend and the following two weekends and the Monday following each of those weekends; bag and possession limit for king salmon 20 inches or greater in length is one fish; as part of the Cook Inlet region annual limit specified for king salmon in (b) of this section, a person may not retain more than two king salmon 20 inches or greater in length each year from the Anchor River and Deep Creek combined; a harvest record is required as specified in 5 AAC 75.006; a person who takes and retains the bag limit of king salmon 20 inches or greater in length from Deep Creek, the Anchor River, or the Ninilchik River may not sport fish in any of those drainages for the rest of that day; a king salmon 20 inches or greater in length that is removed from the water must be retained and becomes a part of the bag limit of the person originally hooking it; a person may not remove a king salmon from the water before releasing the fish;

(E) upstream of ADF&G regulatory markers located approximately two miles upstream from its mouth, from August 1 - October 31, is open to sport fishing, except for salmon;

(6) Ninilchik River drainage:

(A) only one unbaited, single-hook, artificial lure may be used

(i) from September 1 - October 31 from its mouth to ADF&G regulatory markers located approximately two miles upstream;

(ii) from August 1 - October 31 upstream of ADF&G regulatory markers located approximately two miles upstream from its mouth;

(i) on Memorial Day weekend and the following two weekends and the Monday following each of those weekends; and

(ii) from June 16 - October 31;

(D) open to sport fishing for king salmon from its mouth upstream to ADF&G regulatory markers located approximately two miles upstream

(i) on Memorial Day weekend and the following two weekends and the Monday following each of those weekends; the bag and possession limit is two hatchery king salmon, 20 inches or greater in length and 10 hatchery king salmon under 20 inches; naturally-produced king salmon may not be retained; only one single hook, or single-hook artificial lure, including bait may be used; a person who takes and retains two king salmon 20 inches or greater in length from the Ninilchik River, may not sport fish in the Ninilchik River, Deep Creek, or the Anchor River for the rest of that day;

(ii) from June 16 - October 31; the bag and possession limit is two hatchery king salmon, 20 inches or greater in length and 10 hatchery king salmon under 20 inches; naturally-produced king salmon may not be retained; only one single book, or single-book artificial lure, including bait may be used; a person who takes and retains two king salmon 20 inches or greater in length from the Ninilchik River drainage may not sport fish in the Ninilchik River drainage for the rest of that day; and

(iii) with an annual limit of five king salmon 20 inches or greater in length, except as provided in (b) of this section; a harvest record is required as specified in 5 AAC 75.006; a king salmon 20 inches or greater in length that is removed from the water must be retained and becomes part of the bag and possession limit of the person originally hooking it; a person may not remove a king salmon from the water before releasing the fish;

(E) a person may not possess a king salmon that has been filleted, mutilated, or otherwise disfigured in a manner that prevents the determination that the fish is a hatchery king salmon, until the person has stopped fishing in the Ninilchik River drainage for the day and has moved more than 100 yards away from waters open to sport fishing in the Ninilchik River drainage;

(F) open to sport fishing, except for salmon, from August 1 - October 31 upstream of ADF&G regulatory markers located approximately two miles upstream from the mouth;

(G) the Ninilchik River from the outlet of the Ninilchik small boat harbor to ADF&G regulatory markers approximately two miles upstream is open to sport fishing to a person under 16 years of age during the designated youth fishery which occurs on the second Wednesday after Memorial Day between the hours of 6:00 a.m. and 9:59 p.m.; the king salmon bag and possession limit is two hatchery king salmon of any size and naturally-produced king salmon may not be retained; annual limit and other restrictions specified in (D)(iii) of this paragraph apply; a harvest record is required as specified in 5 AAC 75.006; a person who takes and retains two king salmon may not sport fish in the Ninilchik River for the rest of that day;

(7) English Bay River drainage:

(A) English Bay River from its mouth, including the lagoon, upstream to Lower English Bay Lake, from June 1 - July 31, is fly-fishing-only water;

(B) upstream of the outlet of Lower English Bay Lake, the drainage, including flowing waters, lakes, and ponds, from January 1 - December 31, are open to sport fishing, except for salmon;

(8) Kasilof River drainage, excluding Crooked Creek and Tustumena Lake and its tributaries:

(A) king salmon may be taken from January 1 - June 30, upstream of the Sterling Highway Bridge, and from January 1 - July 31, downstream of the Sterling Highway Bridge; bag and possession limit for king salmon 20 inches or greater in length is one fish; annual limit of five king salmon 20 inches or greater in length, except as provided in (b) of this section; a harvest record is required as specified in 5 AAC 75.006; from January 1 - June 30,

(i) the bag and possession limit for king salmon 20 inches or greater in length is two fish, of which only one fish may be a naturally-produced king salmon; a king salmon 20 inches or greater in length that is removed from the water must be retained and becomes part of the bag limit of the person originally hooking it; a person may not remove a king salmon from the water before releasing the fish;

(ii) a naturally-produced king salmon may be retained on Tuesdays, Thursdays, and Saturdays only; a naturally-produced king salmon 20 inches or greater in length that is removed from the water must be retained and becomes part of the bag limit of the person originally hooking it; a person may not remove a king salmon from the water before releasing the fish; the commissioner may, by emergency order, increase the days for retention of naturally-produced king salmon;

(iii) a person may not possess a king salmon that has been filleted, mutilated, or otherwise disfigured in a manner that prevents the determination that the fish is a hatchery king salmon, until the fish is permanently offloaded from the vessel, if the fish was taken from a vessel, or permanently transported away from the fishing site, if the fish was taken from the riverbank, and in all cases moved more than 100 yards away from waters open to sport fishing for king salmon in the Kasilof River drainage;

(B) the following special provisions apply in that portion downstream of the Sterling Highway Bridge:

(i) from July 1 - July 31, the bag and possession limit for king salmon 20 inches or greater in length is one fish; a king salmon 20 inches or greater in length that is removed from the water must be retained and becomes part of the bag limit of the person originally hooking it; a person may not remove a king salmon from the water before releasing the fish;

(ii) in flowing waters, from September 16 - May 15, only one unbaited, single-hook, artificial lure may be used;

(iii) on any Sunday in July, a person may not sport fish from a registered sport fishing guide vessel;

(iv) from January 1 - July 31, a person may not sport fish from a vessel that has on board a motor that is more than 10 horsepower;

(v) from January 1 - July 31, a motor may only be used between the mouth of the Kasilof River and an ADF&G regulatory marker located approximately four miles upstream, and only after fishing from the vessel has ceased for the 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;

(vi) from January 1 - June 30, a person may not sport fish from an anchored vessel from an ADF&G regulatory marker located near the confluence of Crooked Creek, downstream approximately 2,700 feet to an ADF&G regulatory marker located near the cutbank;

(vii) repealed 6/8/2017;

(C) from August 1 - August 15, fishing from a boat is prohibited in the flowing waters of the Kasilof River upstream of the Sterling Highway Bridge;

(D) rainbow/steelhead trout may not be possessed or retained; rainbow/steelhead trout caught must be released immediately; a person may not remove a rainbow/steelhead trout from the water before releasing the fish;

(E) from January 1 - August 15, in the Kasilof River from the boat launch at Tustamena Lake Campground downstream to the Sterling Highway bridge, only one unbaited, single-hook, artificial lure may be used;

(9) Resurrection Bay drainages:

(A) in flowing water, from September 1 - December 31, only unbaited, artificial lures may be used;

(B) closed to sport fishing for salmon;

(C) Seward Lagoon and the waters draining out of Seward Lagoon are closed to sport fishing, except that a person under 16 years of age may sport fish during a designated youth sport fishery, as follows:

(i) unless modified by emergency order, the designated youth sport fishery occurs for king salmon from June 17 - June 30;

(ii) unless modified by emergency order, the designated youth sport fishery occurs for coho salmon from August 25 - September 7;

(iii) a single hook, or a single-hook, artificial lure, with bait may be used;

(iv) bag and possession limit of two fish;

(v) as specified in 5 AAC 75.022(c), a person may not snag a fish;

(vi) after taking a bag limit, a person may not sport fish in the Seward Lagoon or waters draining out of Seward Lagoon that day;

(D) notwithstanding (B) of this paragraph, the waters downstream from the Seward Highway and downstream from Nash Road are open to sport fishing for salmon, except king salmon, from June 16 - December 31; only single-hook, artificial lures may be used; the bag and possession limit is three salmon per day, of which only two may be coho salmon;

(E) a person 16 years of age or older may not sport fish in First Lake during the four designated youth fishing days, which occur from the Thursday before the third Saturday in May through the following Sunday;

(10) Stariski Creek drainage:

(A) only one unbaited, single-hook, artificial lure may be used

(i) from July 1 - July 15 and from September 1 - October 31 from its mouth upstream to the Sterling Highway Bridge;

(ii) from August 1 - October 31 upstream of the Sterling Highway Bridge;

(C) from its mouth upstream to the Sterling Highway Bridge, from July 1 - October 31, is open to sport fishing, except for king salmon;

(D) upstream from the Sterling Highway Bridge, from August 1 - October 31, is open to sport fishing, except for salmon;

(11) Swanson River drainage:

(A) sport fishing with bait is allowed in all waters open to sport fishing;

(B) flowing waters, from June 11 - April 30, are open to sport fishing, except for king salmon;

(D) the bag and possession limit for rainbow/steelhead trout is five fish, of which only one may be 20 inches or greater in length;

(12) Tustumena Lake and its tributaries:

(A) Tustumena Lake and its tributaries are closed to sport fishing for sockeye salmon;

(B) except as specified in (A) of this paragraph, the tributaries of Tustumena Lake are open to sport fishing only from June 11 - April 30;

(13) repealed 5/18/2014;

(14) the waters of Bench Creek drainage, including Bench Lake, are open to sport fishing from June 11 - April 30.

(b) Notwithstanding an annual limit established in this section for king salmon, the annual limit for king salmon in the combined waters of the Kenai Peninsula Area and the other areas in the Cook Inlet region that are open to sport fishing for king salmon under 5 AAC 57 - 5 AAC 62 is five king salmon 20 inches or greater in length, not more than two of which may be taken from that portion of the Kenai River drainage open to king salmon fishing, and not more than two of which may be taken, in combination, from Deep Creek and the Anchor River, except that from January 1 through June 30, a king salmon less than 28 inches in length taken from the Kenai River does not count towards the annual limit.

(1) "anchored vessel" means a vessel on which any device other than oars or paddles is used to slow or stop the downstream drift of the vessel;

(2) "fishing site" means the riverbank where the fish was hooked and removed from the water;

(3) "hatchery king salmon" means a king salmon with a clipped adipose fin as evidenced by a healed fin clip scar where the adipose fin is normally located;

(4) "naturally-produced king salmon" means a king salmon with an adipose fin intact.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 10/1/2006, Register 179; am 11/12/2006, Register 180; am 3/15/2008, Register 185; am 6/4/2008, Register 186; am 3/2/2011, Register 197; am 6/12/2011, Register 198; am 2/23/2014, Register 209; am 3/22/2014, Register 209; am 5/18/2014, Register 210; am 3/15/2017, Register 221; am 6/8/2017, Register 222; am 4/24/2020, Register 234; am 6/21/2020, Register 234; am 4/28/2024, Register 250; am 6/8/2024, Register 250

5 AAC 56.124 Harvest record required; annual limits for the Kenai Peninsula Area {#sec-5-aac-56.124 omnilex-key=us-ak-regs-official--title-5--5 AAC 56.124}

Repealed.

History

Eff. 10/1/2006, Register 179; am 3/15/2008, Register 185; am 6/4/2008, Register 186; am 3/2/2011, Register 197; repealed 2/23/2014, Register 209

5 AAC 56.130 Anchor River, Deep Creek, and Ninilchik River king salmon sport fishery management plan {#sec-5-aac-56.130 omnilex-key=us-ak-regs-official--title-5--5 AAC 56.130}

(a) The purpose of this management plan is to direct the department in the management of the sport fishery for king salmon stocks in Anchor River, Deep Creek, and Ninilchik River, using the Anchor River preseason forecast and inseason projections from the Anchor River and Ninilchik River department monitoring projects of salmon.

(b) The department shall manage the sport fisheries in each drainage to achieve the sustainable escapement goal (SEG) established for each of the three stocks while providing sustainable fishing opportunities and maximizing the harvest of hatchery king salmon. Additionally, the department shall manage the Ninilchik River to prioritize collecting naturally-produced king salmon as defined in 5 AAC 56.122(c)(4) and hatchery broodstock.

(1) the area, seasons, bag, possession, annual and size limits, and methods and means for king salmon are described in 5 AAC 56.122;

(2) if the Anchor River preseason forecast is less than the lower end of the sustainable escapement goal of 3,200 - 6,400 fish, the department shall close the Anchor River and Deep Creek to sport fishing during the season as specified in 5 AAC 56.122(a)(2)(E) and (5)(D), and from July 1 - July 15;

(3) if the Anchor River preseason forecast is greater than the lower end of the sustainable escapement goal of 3,200 - 6,400 fish and less than 4,800 fish, the department shall close the sport fishery for king salmon in the Anchor River and Deep Creek to the retention of king salmon and restrict gear to only one unbaited, single-hook, artificial lure;

(4) if the Anchor River preseason forecast is greater than 4,800 fish, the department may open the sport fishery for king salmon in the Anchor River and Deep Creek as described in 5 AAC 56.122;

(5) if the Anchor River inseason projection is less than the lower end of the sustainable escapement goal of 3,200 - 6,400 fish after June 1, the department shall close the Anchor River and Deep Creek to sport fishing during the season as specified in 5 AAC 56.122(a)(2)(E) and (5)(D), and from July 1 - July 15;

(6) if the Anchor River inseason projection is greater than the lower end of the sustainable escapement goal of 3,200 - 6,400 fish and less than 4,800 fish after June 1, the department shall close the Anchor River and Deep Creek to the retention of king salmon and restrict gear to only one unbaited, single-hook, artificial lure;

(7) if the Anchor River inseason projection is greater than 4,800 fish after June 1, the department may open the sport fishery for king salmon in the Anchor River and Deep Creek as described in 5 AAC 56.122.

(d) In the Ninilchik River,

(1) the area, seasons, bag, possession, annual and size limits, and methods and means for king salmon are described in 5 AAC 56.122;

(2) the Ninilchik River is closed to the retention of naturally-produced king salmon as defined in 5 AAC 56.122(c)(4) until the inseason projection is greater than the number of naturally-produced king salmon needed to meet the SEG and broodstock collection goals of this section; if the projection is greater than the number of naturally-produced king salmon needed to meet the SEG and broodstock collection goals, the commissioner may liberalize the naturally-produced king salmon sport fishery by emergency order;

(3) the commissioner may further liberalize or restrict the Ninilchik River hatchery king salmon sport fishery to provide more harvest opportunity or achieve the SEG and broodstock collection goals by emergency order.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 4/28/2024, Register 250

5 AAC 56.140 Kasilof River guiding and guided fishing requirements {#sec-5-aac-56.140 omnilex-key=us-ak-regs-official--title-5--5 AAC 56.140}

In addition to the provisions of 5 AAC 57.160 and this chapter applicable to the Kasilof River, from January 1 through July 31, the guided sport fishery for early-run and late-run Kasilof River king salmon will be managed as follows:

(1) a sport fishing guide may not sport fish

(A) from a vessel while a client is present or is within the sport fishing guide's control or responsibility; and

(B) in the area designated from ADF&G markers at the mouth of Crooked Creek downstream to the ADF&G markers near the cutbank while a client is present or is within the sport fishing guide's control or responsibility;

(2) repealed 6/12/2011.

(3) notwithstanding the provisions of this section, a sport fishing guide may provide assistance to a client with a disability in order to enable the client to engage in sport fishing; in this paragraph "disability" has the same meaning given in 42 U.S.C. 12102(2)(A) and (C), as amended as of February 8, 1994.

History

Authority: AS 16.05.251
Eff. 6/4/2008, Register 186; am 6/12/2011, Register 198; AM 6/21/2020, Register 234

5 AAC 56.175 Invasive Northern Pike Management Plan for the Kenai Peninsula Area {#sec-5-aac-56.175 omnilex-key=us-ak-regs-official--title-5--5 AAC 56.175}

The department shall manage invasive northern pike in the waters of the Kenai Peninsula Area to minimize the impacts on indigenous fish stocks and recreational fisheries. Waters containing invasive northern pike will be managed so that there is a reasonable expectation of high catch rates and harvesting daily bag limits. Notwithstanding any other provision of this chapter, the commissioner may, by emergency order, change bag and possession limits and alter method and means for northern pike to aid in control of invasive northern pike.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 6/12/2011, Register 198

5 AAC 56.180 Riparian Habitat Fishery Management Plan for the Kenai Peninsula Area {#sec-5-aac-56.180 omnilex-key=us-ak-regs-official--title-5--5 AAC 56.180}

(a) The Board of Fisheries (board) finds that freshwater fisheries in upper Cook Inlet, including the Kenai Peninsula Area, subject to access limitations of federal, state, and local landowners, are a recognized use of the fishery resources of upper Cook Inlet. The board also finds that, in some situations, freshwater fisheries negatively affect riparian habitats of upper Cook Inlet.

(b) The board recognizes the importance of maintaining the structural and functional integrity of upper Cook Inlet riparian habitats. Given this, the board will consider, as part of its deliberations, avoidable impacts to upper Cook Inlet riparian habitats related to sport fishing.

(c) If the commissioner determines that freshwater fisheries are likely to result in riparian habitat loss that could negatively affect the fishery resources of upper Cook Inlet, the commissioner may close, by emergency order, those riparian areas to fishing. This authority extends only to riparian areas in which there is a state, federal, or municipal property interest. The commissioner may reopen, by emergency order, those riparian areas to fishing if the commissioner determines that an opening will not compromise the integrity of the riparian habitats the emergency order is designed to protect. During seasons in areas opened by emergency order, the commissioner may establish fishing periods and may designate any or all of the following as locations from which fishing may occur:

(1) boats;

(2) boardwalks or similar structures;

(3) docks;

(4) gravel bars;

(5) natural formations identified by the commissioner;

(6) other areas identified by the commissioner as areas where use for fishing will not compromise the integrity of the habitat the closure is designed to protect.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 10/1/2006, Register 179

5 AAC 56.195 Criteria for establishing special management areas for Dolly Varden in the Kenai Peninsula Area {#sec-5-aac-56.195 omnilex-key=us-ak-regs-official--title-5--5 AAC 56.195}

(a) The Board of Fisheries (board) may consider proposals for regulations designating and dealing with special management areas for bodies of water in the Kenai Peninsula Area that would diversify sport fishing opportunity for populations of wild Dolly Varden, such as catch-and-release, fly-fishing-only, or trophy designation.

(b) In making determinations on regulatory proposals dealing with a special management area under (a) of this section, the board will consider the following criteria:

(1) stock status: the body of water must contain Dolly Varden populations that are naturally reproducing and possess some unique characteristic; the Dolly Varden populations must be shown to have maintained historical size and age composition, and numbers of Dolly Varden, or the area must have retained the habitat attributes necessary to allow these population characteristics to return to historical levels;

(2) history of quality fishing: a body of water that the public perceives as having provided quality Dolly Varden fishing will be preferred over a body of water that is not so perceived;

(3) proximity to a community: to avoid conflict with traditional consumptive use patterns by local residents, a body of water located near enough to a permanent community to be commonly used or visited by local residents will not be preferred, unless the establishment of the body of water as a special management area is requested or supported by the community;

(4) legal access: a body of water with more than 50 percent of its uplands publicly owned or that is determined to be navigable will be preferred;

(5) conflict with freshwater net fisheries: a body of water with a Dolly Varden fishery that is seasonally or spatially segregated from subsistence, personal use, and commercial net fisheries will be preferred;

(6) abundance and size of the Dolly Varden population: a body of water with unusually high numbers of Dolly Varden, with uniquely large Dolly Varden, or documented as having Dolly Varden that have been entered in the department's trophy fish program will be preferred;

(7) clear geographical boundaries: a body of water with clearly distinguishable legal regulatory boundaries will be preferred;

(8) relative economic importance of the wild Dolly Varden fishery: a body of water with a Dolly Varden fishery of high economic value to the state will be preferred;

(9) geographical distribution of special management waters: the proximity of a body of water to other special management waters and the availability of alternative locations not designated for special management;

(10) special research or educational needs: the need for a body of water for special management research or educational reasons.

History

Authority: AS 16.05.251
Eff. 10/1/2006, Register 179

Chapter 57 Kenai River Drainage Area

History

Authority: AS 16.05.251
Eff. 10/1/2006, Register 179

5 AAC 57.105 Description of the Kenai River Drainage Area {#sec-5-aac-57.105 omnilex-key=us-ak-regs-official--title-5--5 AAC 57.105}

The Kenai River Drainage Area consists of the Kenai River drainage.

History

Authority: AS 16.05.251
Eff. 10/1/2006, Register 179

5 AAC 57.106 Description of Kenai River Drainage Area sections {#sec-5-aac-57.106 omnilex-key=us-ak-regs-official--title-5--5 AAC 57.106}

The following are the sport fishing sections of the Kenai River Drainage Area:

(1) Lower Section: waters upstream from a line at the mouth of the Kenai River from No Name Creek on the north shore to an ADF&G regulatory marker on the south shore to Skilak Lake, including Skilak Lake, but not including the waters of Skilak Lake within a one-half mile radius of the Kenai River inlet;

(2) Middle Section: waters of Skilak Lake within a one-half mile radius of the Kenai River inlet, upstream to the Sterling Highway Bridge at the outlet of Kenai Lake;

(3) Upper Section: waters upstream of the Sterling Highway Bridge at the outlet of Kenai Lake, including Kenai Lake, and all stream and lakes that flow into Kenai Lake.

History

Authority: AS 16.05.251
Eff. 10/1/2006, Register 179; am 5/18/2014, Register 210; am 7/28/2023, Register 247

5 AAC 57.120 General provisions for seasons, bag, possession, annual, and size limits, and methods and means for the Kenai River Drainage Area {#sec-5-aac-57.120 omnilex-key=us-ak-regs-official--title-5--5 AAC 57.120}

(a) Unless otherwise specified in 5 AAC 57.121 - 5 AAC 57.123 or by an emergency order issued under AS 16.05.060, the following are the general seasons, bag, possession, annual, and size limits, and methods and means that apply to sport fishing for finfish in the Kenai River Drainage Area:

(1) salmon may be landed only with the aid of a landing net or by hand;

(2) king salmon 20 inches or greater in length, as follows:

(A) may be taken only from January 1 - July 31, in the Kenai River from its mouth upstream to an ADF&G regulatory marker located at the outlet of Skilak Lake, with a bag and possession limit of one fish, as follows:

(i) from January 1 - June 30, from its mouth upstream to an ADF&G regulatory marker located at the outlet of Skilak Lake, and from July 1 - July 31, from an ADF&G regulatory marker located approximately 300 yards downstream from the mouth of the Slikok Creek upstream to an ADF&G regulatory marker located at the outlet of Skilak Lake, only king salmon that are less than 34 inches in length as measured from tip of snout to tip of tail may be retained;

(ii) if retention is permitted under this subparagraph, a king salmon 20 inches or greater in length that is removed from the water must be retained and becomes part of the bag limit of the person originally hooking it; a person may not remove a king salmon from the water before releasing the fish; except as provided in (b)(1) of this section, there is an annual limit of two king salmon and a harvest record is required as specified in 5 AAC 75.006;

(iii) repealed 6/8/2017;

(iv) from January 1 - July 31, a person may not possess a king salmon that has been filleted, headed, mutilated, or otherwise disfigured in a manner that prevents determination of the length of fish taken until the fish is permanently offloaded from a vessel, if the fish was taken from a vessel, or permanently transported away from the fishing site, if the fish was taken from the riverbank; for the purposes of this sub-subparagraph, "fishing site" means the riverbank where the fish was hooked and removed from the water to become part of the angler's bag limit;

(B) king salmon 20 inches or greater in length may not be taken

(i) in the Kenai River upstream from an ADF&G regulatory marker located at the outlet of Skilak Lake, including Kenai Lake; and

(ii) in the Kenai River drainage lakes and tributaries including Kenai Lake tributaries, except the lower Moose River;

(C) a person, after taking and retaining a king salmon 20 inches or greater in length from the Kenai River, may not sport fish from a boat in the Kenai River downstream from an ADF&G regulatory marker located at the outlet of Skilak Lake for any species of fish on that same day;

(3) king salmon less than 20 inches in length may be taken in

(A) flowing waters and unstocked lakes and ponds only from January 1 - July 31; bag and possession limit of 10 fish;

(B) repealed 6/12/2011;

(4) salmon, other than king salmon,

(A) 16 inches or greater in length, as follows:

(i) sockeye, pink, and chum salmon may be taken from January 1 - December 31;

(ii) coho salmon may be taken in the Lower Section only from July 1 - November 30 and in the Middle Section only from July 1 - October 31; a person after taking and retaining a bag limit of coho salmon 16 inches or greater in length from the Kenai River may continue to sport fish only from the Soldotna Bridge upstream to the ADF&G regulatory markers at the outlet of Skilak Lake; notwithstanding the provision of this sub-subparagraph, coho salmon may not be taken from November 1 - November 30 in the Lower Section from the Bings Landing boat launch upstream to an ADF&G regulatory marker located at the outlet of Skilak Lake;

(iii) except as provided in (iv) of this subparagraph, the bag and possession limit for sockeye, coho, and chum salmon in combination is three fish per day and six in possession, of which no more than two per day and in possession may be coho salmon; in addition, the bag and possession limit for pink salmon is six fish;

(iv) from September 1 - November 30, in the flowing waters of the Kenai River, excluding the tributaries, the bag and possession limit for coho salmon is three fish per day;

(v) if retention of coho salmon is allowed under this chapter, a coho salmon 16 inches or greater in length that is removed from the water must be retained and becomes part of the bag limit of the person originally hooking it; a person may not remove a coho salmon from the water before releasing the fish;

(B) less than 16 inches in length; bag and possession limit of 10 fish, as follows:

(i) sockeye, pink, and chum salmon may be taken from January 1 - December 31;

(ii) coho salmon may be taken in the Lower Section only from July 1 - November 30, and in the Middle Section only from July 1 - October 31, except that coho salmon may be taken in lakes and ponds, excluding Skilak Lake, from January 1 - December 31;

(5) Arctic char/Dolly Varden may be taken from

(A) January 1 - December 31, in all flowing waters from the mouth of the Kenai River upstream to Skilak Lake, and the waters of Skilak Lake upstream to Kenai Lake, including the flowing waters of the Kenai Lake drainage; bag and possession limit of one fish less than 16 inches in length; Arctic char/Dolly Varden 16 inches or greater in length may not be retained; Arctic char/Dolly Varden caught that are 16 inches or greater in length must be released immediately;

(B) January 1 - December 31, in the lakes and ponds of the Kenai River drainage, including Kenai Lake and lakes tributary to Kenai Lake, except Skilak Lake; bag and possession limit of two fish, of which only one may be 20 inches or greater in length;

(6) rainbow/steelhead trout

(A) are subject to an annual limit of two fish 20 inches or greater in length, except as provided in (b)(2) of this section, and a harvest record is required as specified in 5 AAC 75.006;

(B) may be taken from January 1 - December 31, in all flowing waters from the mouth of the Kenai River upstream to Skilak Lake, and the waters of Skilak Lake upstream to Kenai Lake, including the flowing waters of the Kenai Lake drainage; bag and possession limit of one fish less than 16 inches in length; rainbow/steelhead trout 16 inches or greater in length may not be retained; rainbow/steelhead trout caught that are 16 inches or greater in length must be released immediately;

(D) may be taken from January 1 - December 31, in the lakes and ponds, including Kenai Lake and lakes tributary to Kenai Lake, except Skilak Lake and stocked lakes; bag and possession limit of two fish, of which only one may be 20 inches or greater in length;

(E) repealed 6/12/2011;

(7) Arctic grayling may be taken from January 1 - December 31; bag and possession limit of five fish; no size limit;

(8) lake trout

(A) 20 inches or greater in length may be taken from January 1 - December 31; bag and possession limit of two fish;

(B) less than 20 inches in length may be taken from January 1 - December 31; bag and possession limit of 10 fish;

(9) repealed 6/8/2017;

(10) burbot: may be taken from January 1 - December 31; bag and possession limit of two fish; no size limit;

(11) other finfish not specified in this section may be taken from January 1 - December 31; no bag, possession, or size limits;

(12) northern pike may be take from January 1 - December 31; no bag, possession, or size limits; northern pike may be taken in all waters of this section; notwithstanding 5 AAC 75.065, a northern pike caught may not be released back into the water alive.

(b) Notwithstanding an annual limit established in this section for

(1) king salmon, the annual limit for king salmon in the combined waters of the Kenai River Drainage Area and the other areas in the Cook Inlet region that are open to sport fishing for king salmon under 5 AAC 56 - 5 AAC 62 is five king salmon 20 inches or greater in length, not more than two of which may be taken from that portion of the Kenai River drainage open to king salmon fishing, and not more than two of which may be taken, in combination, from Deep Creek and the Anchor River, except that from January 1 through June 30, a king salmon less than 28 inches in length taken from the Kenai River does not count towards the annual limit;

(2) rainbow/steelhead trout, the annual limit for rainbow/steelhead trout in the combined waters of the Kenai River Drainage Area and the other areas in the Cook Inlet region that are open to sport fishing for rainbow/steelhead trout under 5 AAC 56 - 5 AAC 62 is two rainbow/steelhead trout 20 inches or greater in length.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 10/1/2006, Register 179; am 11/12/2006, Register 180; am 6/4/2008, Register 186; am 6/12/2011, Register 198; am 2/23/2014, Register 209; am 5/18/2014, Register 210; am 6/8/2017, Register 222; add'l am 6/8/2017, Register 222; am 6/17/2018, Register 226; am 6/21/2020, Register 234; am 7/28/2023, Register 247; am 6/8/2024, Register 250

5 AAC 57.121 Special provisions for the seasons, bag, possession, and size limits, and methods and means for the Lower Section of the Kenai River Drainage Area {#sec-5-aac-57.121 omnilex-key=us-ak-regs-official--title-5--5 AAC 57.121}

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, and from July 1 - July 31, in 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 at the outlet of Skilak Lake, 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 approximately 300 yards downstream from the mouth of Slikok Creek, 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 one unbaited, single-hook, artificial lure may be used;

(D) from December 1 - December 31, in the Kenai River from its mouth upstream to an ADF&G regulatory marker located at the outlet of Skilak Lake, only unbaited, artificial lures may be used;

(E) from May 1 - July 31, in the portion of the Kenai River from ADF&G regulatory markers located approximately 100 yards downstream of the mouth of the Moose River, upstream to ADF&G regulatory markers located approximately 100 yards upstream of the mouth of the Moose River, and the Moose River from its confluence with the Kenai River upstream to the upstream edge of the Sterling Highway Bridge, only one unbaited, single-hook, artificial fly may be used;

(F) from May 1 - July 31, in the following waters only one unbaited, single-hook, artificial fly may be used:

(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 300 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 May 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, only one unbaited, single-hook, artificial fly may be used;

(H) repealed 5/18/2014;

(I) repealed 6/8/2017;

(J) repealed 6/8/2017;

(K) from January 1 - December 31 in the Kenai River from an ADF&G regulatory marker approximately 100 yards below the Moose River Confluence upstream to an ADF&G regulatory marker located at the outlet of Skilak Lake, only one unbaited, single-hook, artificial lure may be used;

(L) in all tributaries of the Lower Section, only one unbaited, single-hook, artificial lure, with a gap between the point and shank of three-eighths inch or less, may be used;

(2) the following waters are closed to sport fishing, as follows:

(A) from May 1 - July 31, Slikok Creek, Funny River, and Killey River;

(B) from May 1 - June 10, the flowing waters of all tributaries of the Lower Section not specified in subparagraph (2)(A) of this section, including Beaver Creek and Soldotna Creek, except in the Moose River, only upstream of the upstream edge of the Sterling Highway Bridge;

(D) from May 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) repealed 6/8/2017;

(F) repealed 6/8/2017;

(H) repealed 5/18/2014;

(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 May 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 300 yards upstream from the mouth of Slikok Creek, is closed to the taking of king salmon;

(K) from May 1 - June 10, in that portion of the Kenai River from an ADF&G regulatory marker located approximately one mile upstream from the mouth of the Lower Killey River upstream to an ADF&G regulatory marker located at the outlet of Skilak Lake;

(L) from July 1 - August 30, the waters of the Soldotna Centennial Campground boat launch lagoon inside a line from an ADF&G regulatory marker located at the upstream end of the disabled fishing platform to the downstream end of the rock pile jetty to the southernmost end of the lagoon;

(M) all tributaries of the Lower Section are closed to sport fishing for salmon, except in the Moose River from its mouth upstream to the upstream edge of the Sterling Highway Bridge;

(3) 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 River from the Sterling Highway Bridge upstream to an ADF&G regulatory marker located at the outlet of Skilak Lake, except that unguided sport fishing from a nonmotorized vessel is allowed on Mondays in May, June, and July as described in 5 AAC 21.359(c)(3); for the purposes of this subparagraph, "nonmotorized vessel" is a vessel that does not have a motor on board;

(B) from May 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 300 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;

(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 from ADF&G regulatory markers located approximately 100 yards downstream of the mouth of the Moose River, upstream to ADF&G regulatory markers located approximately 100 yards upstream from the mouth of the Moose River, and the Moose River upstream to the upstream edge of the Sterling Highway Bridge;

(D) from May 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) on any Monday in May, June, and July, except Memorial Day, in that portion of the Kenai River from its mouth upstream to the Sterling Highway Bridge, except as described in 5 AAC 21.359(c)(3); a vessel that has on board the vessel no more than one motor, with that motor not more than 10 horsepower, may be used between the mouth of the Kenai River and ADF&G regulatory markers located at Cunningham Park, but 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;

(5) repealed 5/18/2014;

(6) repealed 5/18/2014.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 10/1/2006, Register 179; am 11/12/2006, Register 180; am 12/30/2006, Register 180; am 6/4/2008, Register 186; am 6/12/2011, Register 198; am 5/18/2014, Register 210; am 6/8/2017, Register 222; am 9/19/2019, Register 231; am 6/8/2024, Register 250

5 AAC 57.122 Special provisions for the seasons, bag, possession, and size limits, and methods and means for the Middle Section of the Kenai River Drainage Area {#sec-5-aac-57.122 omnilex-key=us-ak-regs-official--title-5--5 AAC 57.122}

Unless otherwise specified by an emergency order issued under AS 16.05.060, the following are 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 Middle Section of the Kenai River Drainage Area:

(1) the following waters of the Middle Section are closed to sport fishing, as follows:

(A) from May 1 - June 10, the Kenai River from the waters of Skilak Lake within a one-half mile radius of the Kenai River inlet, upstream to the downstream edge of the Sterling Highway Bridge at the outlet of Kenai Lake;

(B) from May 1 - June 10, and from September 15 - October 31, the flowing waters of Cooper Creek;

(D) repealed 6/8/2017;

(E) repealed 6/8/2017;

(F) repealed 6/8/2017;

(G) from May 1 - June 10, and from August 1 - August 31, the Upper Russian (Goat) Creek upstream from an ADF&G regulatory marker located approximately 300 yards from its confluence with Upper Russian Lake;

(H) from May 1 - June 10, the flowing waters of Jean Lake Creek, Hidden Lake Creek, Juneau Creek, and the Russian River from its mouth upstream 100 yards to ADF&G regulatory markers, excluding Upper Russian (Goat) Creek;

(I) repealed 6/8/2017;

(J) from September 15 - November 30, Hidden Lake;

(2) from July 1 - August 15, the Kenai River riparian habitats described in 5 AAC 57.180(d) are closed to sport fishing, except sport fishing is allowed from a boat that is more than 10 feet from shore and is not connected to the shore or any riparian habitat;

(3) the following bag and possession limits apply:

(A) in the Russian River and in the Kenai River, from ADF&G regulatory markers located at the power line crossing near the confluence of the Russian River, upstream to ADF&G regulatory markers located approximately 300 yards upstream of the public boat launch at Sportsman's Landing, including the waters around the upstream end of the island near the Russian River mouth, the bag and possession limit for salmon, other than king salmon 16 inches or greater in length, is three fish, of which only one per day and one in possession may be a coho salmon;

(B) in Upper and Lower Russian Lakes, the bag and possession limit for rainbow/steelhead trout is two fish, of which only one may be 20 inches or greater in length;

(C) in Cooper Lake, the bag and possession limit for Arctic char/Dolly Varden is five fish, of which only one may be greater than 20 inches in length;

(D) in Hidden Lake, the bag and possession limit for lake trout is one fish, less than 16 inches in length;

(4) the following sport fishing gear restrictions apply:

(A) in flowing waters, only one unbaited, single-hook, artificial lure, with a gap between point and shank of three-eighths inch or less, may be used;

(B) in the Russian River drainage, including Upper and Lower Russian Lakes, only one unbaited, single-hook, artificial lure, with a gap between point and shank of three-eighths inch or less, may be used;

(C) the Russian River from its confluence with the Kenai River, upstream to an ADF&G regulatory marker located approximately 600 yards downstream from the falls, from June 11 - August 20, is fly-fishing-only water;

(D) the Russian River sanctuary area, which consists of waters upstream from ADF&G regulatory markers located just downstream of the ferry crossing on the Kenai River, to ADF&G regulatory markers located approximately 300 yards upstream of the public boat launch at Sportsman's Landing, including the waters around the upstream end of the island near the Russian River mouth, and the Russian River from its mouth upstream 100 yards to ADF&G regulatory markers, from July 15 - August 20, is fly-fishing-only waters;

(E) that portion of the Kenai River from an ADF&G regulatory marker located below the Ferry Crossing on the Kenai River downstream to the power line crossing from June 11 - August 20, is fly-fishing-only water;

(F) repealed 6/12/2011;

(G) repealed 6/8/2017;

(5) all tributaries of the Middle Section, except the portion of the Russian River drainage downstream of an ADF&G regulatory marker located approximately 600 yards downstream from the falls, are closed to sport fishing for salmon;

(6) from January 1 - December 31, a person may not deploy sport fishing gear from a vessel in the flowing waters of the Kenai River between ADF&G regulatory markers located approximately one-quarter mile above the Sterling Highway Bridge at the outlet of Kenai Lake, downstream to ADF&G regulatory markers located at approximately river mile 80.7, during motor use or after a motor has been used to propel that vessel on that same day;

(7) Hidden Lake is closed to sport fishing for burbot;

(8) Hidden Lake Creek, from ADF&G regulatory markers located at the mouth of Hidden Creek upstream to Hidden Lake, is closed to sport fishing for salmon;

(9) Jean Lake Creek is closed to sport fishing for salmon.

(10) the following waters of the Middle Section are open to sport fishing, only as follows:

(A) from July 15 - April 30, the Russian River sanctuary area, as defined in subparagraph (4)(D) of this section, is open to sport fishing, except sockeye salmon may be taken only from July 15 - August 20;

(B) from June 11 - August 20, the waters of the Kenai River near the confluence of the Russian River, from the powerline crossing on the Kenai River upstream to the Ferry Crossing, are open to sport fishing for sockeye salmon;

(C) from June 11 - August 20, the waters of the Russian River, from its mouth upstream to an ADF&G regulatory marker located approximately 600 yards downstream from the falls, are open to sport fishing for sockeye salmon;

(D) from July 1 - September 30, the waters of the Russian River, from its mouth upstream to an ADF&G regulatory marker located approximately 600 yards downstream from the falls, are open to sport fishing for coho salmon.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 10/1/2006, Register 179; am 11/12/2006, Register 180; am 6/4/2008, Register 186; am 6/12/2011, Register 198; am 5/18/2014, Register 210; am 6/8/2017, Register 222; am 6/8/2024, Register 250

5 AAC 57.123 Special provisions for the seasons, bag, possession, and size limits, and methods and means for the Upper Section of the Kenai River Drainage Area {#sec-5-aac-57.123 omnilex-key=us-ak-regs-official--title-5--5 AAC 57.123}

(1) Kenai Lake from the Sterling Highway Bridge at the outlet, upstream to ADF&G regulatory markers located approximately one-quarter mile upstream, is open to sport fishing only from June 11 - April 30;

(2) in Kenai Lake within one-quarter mile of the Sterling Highway Bridge at the outlet

(A) only one unbaited, single-hook, artificial lure may be used;

(B) the bag and possession limit for rainbow/steelhead trout is one fish less than 16 inches in length; rainbow/steelhead trout 16 inches or greater in length may not be retained; rainbow/steelhead trout caught that are 16 inches or greater in length must be released immediately and returned to the water unharmed;

(3) repealed 6/8/2017;

(4) from January 1 - December 31,

(A) waters of the Kenai Lake drainage are closed to fishing for salmon;

(B) in stocked lakes of the Kenai Lake drainage, including Jerome, Carter, Vagt, Long, Rainbow, and Meridian Lakes, the bag and possession limit for rainbow/steelhead trout is five fish, of which only one may be 20 inches or greater in length;

(C) in the flowing waters of the Kenai Lake drainage, including waters of Kenai Lake within a one-quarter mile radius of all inlet streams, only one unbaited, single-hook, artificial lure, with a gap between the point and shank of three-eighths inch or less, may be used;

(5) in waters of Kenai Lake within a one-quarter mile radius of all inlet streams, the bag and possession limit for rainbow/steelhead trout is one fish less than 16 inches in length; rainbow/steelhead trout 16 inches or greater in length may not be retained; rainbow/steelhead trout caught that are 16 inches or greater in length must be released immediately and returned to the water unharmed;

(6) repealed 6/8/2017;

(7) repealed 6/8/2017;

(8) repealed 6/8/2017;

(9) the following waters of the Upper Section are closed to sport fishing, as follows:

(A) from May 1 - June 10, all flowing waters of the Upper Section;

(B) from May 1 - June 10, and from September 15 - October 31, the Quartz Creek drainage upstream of the Sterling Highway Bridge, including Devils Creek, Johns Creek, Jerome Creek, Summit Creek, Slate Creek, and the South Fork of the Snow River.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 10/1/2006, Register 179; am 6/12/2011, Register 198; am 5/18/2014, Register 210; am 6/8/2017, Register 222

5 AAC 57.124 Harvest record required; annual limits for the Kenai River Drainage Area {#sec-5-aac-57.124 omnilex-key=us-ak-regs-official--title-5--5 AAC 57.124}

Repealed.

History

Eff. 10/1/2006, Register 179; am 6/4/2008, Register 186; am 3/2/2011, Register 197; repealed 2/23/2014, Register 209

5 AAC 57.130 Anchor dragging prohibited in the Kenai River {#sec-5-aac-57.130 omnilex-key=us-ak-regs-official--title-5--5 AAC 57.130}

A person may not engage in sport fishing on the Kenai River from an anchored vessel unless the anchor is holding the vessel in a substantially fixed position relative to the bottom of the river. If the anchor fails to hold the vessel in a substantially fixed position relative to the bottom of the river, during sport fishing activities, all persons aboard the vessel must immediately cease sport fishing by removing their fishing gear from the water, and the anchor must be retrieved or other actions must be taken to cause the anchor to again hold the vessel in a substantially fixed position relative to the bottom of the river before any person aboard the vessel may resume sport fishing.

History

Authority: AS 16.05.251
Eff. 9/12/2008, Register 187; am 9/28/2008, Register 187

5 AAC 57.140 Kenai River guiding and guided fishing requirements in the Kenai River Drainage Area {#sec-5-aac-57.140 omnilex-key=us-ak-regs-official--title-5--5 AAC 57.140}

(a) In addition to the requirements of 5 AAC 75.075 - 5 AAC 75.077, and before providing sport fishing guide services on the Kenai River, a sport fishing guide and vessel must be registered at the Soldotna office of the Department of Natural Resources, division of parks and outdoor recreation. Once registered, a vessel registration remains valid for the remainder of the calendar year, unless the vessel is de-registered with the Department of Natural Resources, division of parks and outdoor recreation.

(b) Downstream from an ADF&G regulatory marker located at the outlet of Skilak Lake, a person may not sport fish from a registered guide vessel on any Sunday from May 1 through July 31, and on any Monday in July, except that a person may fish from a registered sport fishing guide vessel during the last two Sundays in May and the first Sunday in June under the terms of a permit issued by the commissioner, for approved charitable nonprofit organizations or for educational public service activities.

(c) From May 1 through July 31, sport fishing from a registered sport fishing guide vessel downstream from an ADF&G regulatory marker located at the outlet of Skilak Lake is permitted only from 6:00 a.m. to 6:00 p.m.

(d) On the Kenai River, a person may not engage in guided sport fishing from a vessel unless the vessel has a current Alaska Department of Natural Resources, division of parks and outdoor recreation, guide sticker prominently attached to the exterior of the vessel.

(e) On the Kenai River, a client may not engage in guided sport fishing unless the person guiding the client is in compliance with the provisions of (a) and (d) of this section.

(f) A person may not book, contract, or arrange for guided sport fishing from a vessel, unless that person is in compliance with the provisions of (a) and (d) of this section.

(g) During July, a person aboard a vessel used for guided sport fishing on the Kenai River downstream from an ADF&G regulatory marker located at the outlet of Skilak Lake may not sport fish from that vessel if more than five persons, including the sport fishing guide, clients, and other passengers are present on that vessel.

(h) On the Kenai River, from January 1 through December 31,

(1) a sport fishing guide may not sport fish from a vessel while a client is present or is within the sport fishing guide's control or responsibility, except that a sport fishing guide may provide assistance to a client with a disability in order to enable the client to engage in sport fishing; in this paragraph, "disability" has the same meaning given in 42 U.S.C. 12102(2)(A) and (C), as amended as of February 8, 1994;

(2) the maximum number of fishing rods that may be operated may not exceed the number of clients on board the vessel.

(i) From July 31 or the end of the king salmon season, whichever is later, through November 30, sport fishing from a vessel that is registered with the Department of Natural Resources, division of parks and outdoor recreation, as a sport fishing guide vessel is restricted as follows:

(1) downstream from the confluence of the Moose River and Kenai River, sport fishing on Mondays, except Labor Day, is prohibited;

(2) upstream from the confluence of the Moose River and Kenai River, sport fishing for coho salmon on Mondays, except Labor Day, is prohibited; any coho salmon caught must be released immediately without further harm.

History

Authority: AS 16.05.251
Eff. 10/1/2006, Register 179; am 6/4/2008, Register 186; am 8/1/2008, Register 187; am 5/18/2014, Register 210; am 6/21/2020, Register 234

5 AAC 57.150 Russian River Sockeye Salmon Management Plan {#sec-5-aac-57.150 omnilex-key=us-ak-regs-official--title-5--5 AAC 57.150}

(a) The purpose of this management plan is to ensure an adequate escapement, as determined by the department, of sockeye salmon into the Russian River system and to provide management guidelines to the department to reduce conflicts between various users of this resource. Because early and late Russian River system sockeye salmon are discrete stocks with established escapement goals, these stocks shall be managed by the department as a separate entity without regard to Kenai River system sockeye salmon run size, except as specified in this section.

(b) Early Russian River sockeye salmon stocks have been harvested primarily by the sport fishery since 1974. Since the bulk of the early Kenai River sockeye salmon run (those salmon passing the department sonar counter located near Soldotna before June 21) is comprised of Russian River sockeye salmon stocks, the department shall manage the early sockeye salmon stocks to achieve the escapement goals for the Kenai and Russian Rivers.

(c) Late Russian River sockeye salmon stocks are harvested in the Cook Inlet commercial salmon gillnet and the Kenai and Russian Rivers sport fisheries. The department shall manage the fisheries to achieve the escapement goal of sockeye salmon into the Russian River upstream of the department's counting weir at the outlet of Lower Russian Lake. If inseason restrictions are necessary to meet the escapement goal, the department shall restrict Kenai River drainage sport fisheries as described in (d) of this section. Since, at present, it is not possible to separate the harvest of late Russian River sockeye salmon from other sockeye salmon stocks in Cook Inlet, restrictions on the commercial fishery to conserve Russian River sockeye salmon and meet the escapement goal shall be limited to meeting the inriver goals for the Kenai River late-run sockeye salmon, as specified in 5 AAC 21.360.

(d) If the department is not able to project that the escapement goal of late-run Russian River sockeye salmon will be achieved the commissioner shall, by emergency order, modify the Kenai River drainage sport and personal use fisheries to achieve the escapement goal by using the following options, selected at the discretion of the commissioner:

(1) a reduction of bag and possession limit to two or one sockeye salmon in all waters of the Kenai and Russian Rivers fly-fishing-only waters;

(2) a prohibition on sockeye salmon fishing in the Kenai and Russian Rivers fly-fishing-only waters upstream from the ferry crossing on the Kenai River;

(3) a prohibition on sockeye salmon fishing in all waters of the Kenai and Russian Rivers fly-fishing-only waters;

(4) a prohibition on sockeye salmon fishing from the confluence of the Kenai and Russian Rivers downstream to, and including, Skilak Lake.

(e) It is the intent of the Board of Fisheries (board) that the department use, to the extent practicable, the least restrictive of the individual or combined options under (d) of this section to achieve the late-run Russian River sockeye salmon escapement goal. The department shall, to the extent practicable, use the options under (d) of this section, to avoid the necessity for complete closures by initiating early, less restrictive options, as opposed to later, more restrictive actions.

(f) The department will, to the extent practicable, conduct habitat assessments on a schedule that conforms to the board's triennial meeting cycle. If 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.

(g) If the department projects that the Russian River sockeye salmon escapement goal will be achieved the commissioner may by emergency order increase the bag and possession limit.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 10/1/2006, Register 179; am 11/12/2006, Register 180; am 6/8/2024, Register 250

5 AAC 57.160 Kenai River and Kasilof River Early-run King Salmon Management Plan {#sec-5-aac-57.160 omnilex-key=us-ak-regs-official--title-5--5 AAC 57.160}

(a) The purpose of this management plan is to ensure an adequate escapement of early-run king salmon into the Kenai and Kasilof Rivers, to conserve the unique large size early-run king salmon in the Kenai River, and to provide the department with management guidelines.

(b) The department shall manage the Kenai River early-run king salmon sport and guided sport fisheries to achieve the optimal escapement goal of 3,900 - 6,600 king salmon 75 cm mid eye to tail fork length and longer, to provide reasonable harvest opportunities over the entire run, and to ensure the age and size composition of the harvest closely approximates the age and size composition of the run.

(c) The department shall manage the Kasilof River early-run king salmon sport and guided sport fisheries to achieve the sustainable escapement goal, to provide reasonable harvest opportunities over the entire run while ensuring adequate escapement of naturally-produced king salmon, and to minimize the effects of conservation actions for the Kenai River on the Kasilof River.

(d) In the Kenai River,

(1) the seasons, bag, possession, and size limits, and other special provisions for king salmon are set out in 5 AAC 57.120 - 5 AAC 57.123;

(2) from January 1 - June 30, from its mouth upstream to an ADF&G regulatory marker located approximately 300 yards downstream from the mouth of Slikok Creek,

(A) if the preseason forecast projects the inriver run to be less than the lower end of the sustainable escapement goal of 2,800 - 5,600 king salmon 75 cm mid eye to tail fork length and longer, the commissioner shall close, by emergency order, the sport fishery to the taking of king salmon;

(B) repealed 6/8/2017;

(C) if the preseason forecast projects the inriver run to be above the lower end of the sustainable escapement goal, but below the lower end of the optimal escapement goal, the commissioner shall, by emergency order,

(i) close the sport fishery to the taking of king salmon; or

(ii) prohibit the retention of king salmon;

(D) if the preseason forecast projects the inriver run to be within or above the optimal escapement goal range, the fishery may start as described in 5 AAC 57.120(a)(2)(A)(i);

(E) if the inseason inriver run projection is below the lower end of the optimal escapement goal, the commissioner shall close, by emergency order, the sport fishery to the taking of king salmon;

(F) if the inseason inriver run projection is within the optimal escapement goal range, the commissioner shall, by emergency order,

(i) prohibit the retention of king salmon; or

(ii) open the sport fishery as described in 5 AAC 57.120(a)(2)(A)(i);

(G) if the inseason inriver run projection exceeds the optimal escapement goal range, the commissioner may, by emergency order, liberalize the sport fishery using one or more of the following methods:

(i) allow the use of bait;

(ii) modify the maximum size limit allowed for retention;

(3) repealed 6/8/2017;

(4) repealed 6/8/2017;

(5) from January 1 - July 31, from an ADF&G regulatory marker located approximately 300 yards downstream from the mouth of the Slikok Creek upstream to an ADF&G regulatory marker located at the outlet of Skilak Lake,

(A) if the preseason forecast projects the inriver run to be less than the lower end of the sustainable escapement goal, the commissioner shall close, by emergency order, the sport fishery to the taking of king salmon;

(B) if the preseason forecast projects the inriver run to be above the lower end of the sustainable escapement goal, but below the lower end of the optimal escapement goal, the commissioner shall, by emergency order,

(i) close the sport fishery to the taking of king salmon; or

(ii) prohibit the retention of king salmon;

(C) if the preseason forecast projects the inriver run to be within or above the optimal escapement goal range, the fishery may start as described in 5 AAC 57.120(a)(2)(A)(i);

(D) if the inseason inriver run projection is below the lower end of the optimal escapement goal, the commissioner shall close, by emergency order, the sport fishery to the taking of king salmon;

(E) if the inseason inriver run projection is within the optimal escapement goal, the commissioner shall, by emergency order,

(i) prohibit the retention of king salmon; or

(ii) open the sport fishery as described in 5 AAC 57.120(a)(2)(A)(i);

(F) if the inseason inriver run projection exceeds the optimal escapement goal range, the fishery may occur as described in 57.120(a)(2)(A)(i).

(e) In the Kasilof River, the seasons, bag, possession, and size limits, and other special provisions for king salmon are set out in 5 AAC 56.120(1) and 5 AAC 56.122(a)(8).

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 10/1/2006, Register 179; am 6/4/2008, Register 186; am 5/18/2014, Register 210; am 6/8/2017, Register 222

5 AAC 57.170 Kenai River Coho Salmon Management Plan {#sec-5-aac-57.170 omnilex-key=us-ak-regs-official--title-5--5 AAC 57.170}

(a) The purpose of this management plan is to ensure an adequate escapement of coho salmon into the Kenai River drainage and to provide management guidelines to the department. The department shall manage the Kenai River coho salmon stocks primarily to provide sport and guided sport fishermen with a reasonable opportunity to harvest these salmon resources over the entire run.

(b) Notwithstanding any other provisions in this chapter, for the conservation of coho salmon stocks, the department shall manage sport fishing in the Kenai River drainage as follows:

(1) coho salmon fishing is closed in the Middle and Upper Sections from November 1 through June 30, and in the Lower Section from December 1 through June 30; any coho salmon caught incidentally must be released immediately without further harm;

(2) repealed 6/4/2008;

(3) coho salmon may be taken as follows:

(A) from July 1 through October 31, in the Middle and Upper Sections;

(B) from July 1 through November 30, in the Lower Section;

(C) from July 1 through August 31, the daily bag and possession limit for coho salmon 16 inches or greater in length is two fish;

(D) from September 1 through November 30, the daily bag and possession limit for coho salmon 16 inches or greater in length is three fish.

(c) If the commissioner determines that additional conservation measures are necessary for the inriver sport or personal use fisheries, the commissioner may close, by emergency order, the season and immediately reopen a season during which any or a combination of the following restrictions may be applied:

(1) the daily bag and possession limit for coho salmon is one fish;

(2) only unbaited artificial lures may be used;

(3) fishing time may be reduced;

(4) fishing areas may be reduced.

(d) 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 management plan.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 10/1/2006, Register 179; am 11/12/2006, Register 180; am 6/4/2008, Register 186

5 AAC 57.175 Invasive Northern Pike Management Plan for the Kenai River Drainage Area {#sec-5-aac-57.175 omnilex-key=us-ak-regs-official--title-5--5 AAC 57.175}

The department shall manage invasive northern pike in the waters of the Kenai River Drainage Area to minimize the impacts on indigenous fish stocks and recreational fisheries. Waters containing invasive northern pike will be managed so that there is a reasonable expectation of high catch rates and harvesting daily bag limits. Notwithstanding any other provision of this chapter, the commissioner may, by emergency order, change bag and possession limits and alter method and means for northern pike to aid in control of invasive northern pike.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 6/12/2011, Register 198

5 AAC 57.180 Riparian Habitat Fishery Management Plan for the Kenai River Drainage Area {#sec-5-aac-57.180 omnilex-key=us-ak-regs-official--title-5--5 AAC 57.180}

(a) The Board of Fisheries (board) finds that freshwater fisheries in upper Cook Inlet, including the Kenai River Drainage Area, subject to access limitations of federal, state, and local landowners, are a recognized use of the fishery resources of upper Cook Inlet. The board also finds that, in some situations, freshwater fisheries negatively affect riparian habitats of upper Cook Inlet.

(c) If the commissioner determines that freshwater fisheries are likely to result in riparian habitat loss which could negatively affect the fishery resources of upper Cook Inlet, the commissioner may close, by emergency order, those riparian areas to fishing. This authority extends only to riparian areas in which there is a state, federal, or municipal property interest. The commissioner may reopen, by emergency order, those riparian areas to fishing if the commissioner determines that an opening will not compromise the integrity of the riparian habitats the emergency order is designed to protect. During seasons in areas opened by emergency order, the commissioner may establish fishing periods and may designate any or all of the following as locations from which fishing may occur:

(1) boats;

(2) boardwalks or similar structures;

(3) docks;

(4) gravel bars;

(5) natural formations identified by the commissioner;

(6) other areas identified by the commissioner as areas where use for fishing will not compromise the integrity of the habitat the closure is designed to protect.

(d) From July 1 through August 15, the following Kenai River riparian habitats are closed to all fishing, except fishing from a boat that is located more than 10 feet from shore and not connected to the shore or any riparian habitat:

(1) on the north bank of the Kenai River, between ADF&G regulatory markers located at river mile 6.6 and river mile 6.8;

(2) in the Alaska State Park's Eagle Rock Unit, on the south bank of the Kenai River, between ADF&G regulatory markers located at river mile 10.7 and river mile 12.0;

(3) on islands located between river miles 11 and 14 and at river miles 17.0 and 17.3;

(4) at the Alaska State Park's Pillars Unit, on the north bank of the Kenai River, between ADF&G regulatory markers located at river mile 12.4 and river mile 12.6;

(5) at the Alaska State Park's Honeymoon Cove Unit, on the south bank of the Kenai River, between ADF&G regulatory markers located at river mile 12.5 and river mile 13.0;

(6) on the north bank of the Kenai River, between ADF&G regulatory markers located at river mile 13.0 and river mile 13.4, and between ADF&G regulatory markers located at river mile 13.5 and river mile 14.0; except for lot 3 within Larry's Fishing Hole Subdivision;

(7) on the west bank of the Kenai River, between ADF&G regulatory markers located at river mile 14.0 and river mile 14.4;

(8) on the south bank of the Kenai River, between ADF&G regulatory markers located at river mile 14.4 and river mile 14.6;

(9) on the west bank of the Kenai River, between ADF&G regulatory markers located at river mile 17.5 and river mile 17.6;

(10) on the north bank of the Kenai River, between ADF&G regulatory markers located at river mile 18.6 and river mile 18.8;

(11) on the north bank of the Kenai River, between ADF&G regulatory markers located at river mile 18.9 and at river mile 20.2;

(12) on the south bank of the Kenai River, between ADF&G regulatory markers located at river mile 20.9 and river mile 21.0;

(13) at the Soldotna Airport property, on the south bank of the Kenai River, between ADF&G regulatory markers located at river mile 22.7 and river mile 23.5;

(14) on the south bank of the Kenai River, between ADF&G regulatory markers located at river mile 23.8 and river mile 24.2;

(15) on the south bank of the Kenai River, between ADF&G regulatory markers located at river mile 26.4 and river mile 30.0;

(16) on the north bank of the Kenai River from an ADF&G regulatory marker located at the upstream edge of the boat ramp at the end of Keystone Drive at approximately river mile 27.3, upstream to ADF&G regulatory markers located at the Kenai National Wildlife Refuge boundary delineated by the power line at river mile 28.0;

(17) in the Caymas Subdivision, on the north bank of the Kenai River, between ADF&G regulatory markers located at river mile 31.8 and river mile 32.3;

(18) on the south bank of the Kenai River, between ADF&G regulatory markers located at river mile 31.5 and river mile 32.5;

(19) at the Alaska State Park's Nilnunqua Unit, on the south bank of the Kenai River, between ADF&G regulatory markers located at river mile 36.0 and river mile 36.6;

(20) on the north bank of the Kenai River, between ADF&G regulatory markers located approximately 150 feet apart at approximately river mile 44.6;

(21) on the north bank of the Kenai River, between ADF&G regulatory markers located at river mile 45.8 and river mile 46.3;

(22) at Jim's Landing, on the north bank of the Kenai River, from an ADF&G regulatory marker located at the large rock at river mile 69.7 to an ADF&G regulatory marker located just downstream from the boat launch;

(23) on lands commonly referred to as Sportman's, on the north bank of the Kenai River, upstream from the ferry crossing from an ADF&G regulatory marker located at river mile 73.5 to an ADF&G regulatory marker located at river mile 73.6;

(24) on the south bank of the Kenai River, near river mile 82.0 at the outlet of Kenai Lake, from an ADF&G regulatory marker located at the Sterling Highway bridge to an ADF&G regulatory marker located approximately 1,000 feet downstream;

(25) on the north bank of the Kenai River, between ADF&G regulatory markers located at river mile 22.0 and river mile 22.1.

(e) For purposes of this section, "riparian habitat" means all areas within 10 feet in either direction from the Kenai River waterline.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 10/1/2006, Register 179; am 5/18/2014, Register 210; am 6/8/2017, Register 222

Chapter 58 Cook Inlet — Resurrection Bay Saltwater Area

5 AAC 58.001 Application of this chapter {#sec-5-aac-58.001 omnilex-key=us-ak-regs-official--title-5--5 AAC 58.001}

This chapter applies to saltwater sport fishing in the Cook Inlet-Resurrection Bay Saltwater Area.

History

Authority: AS 16.05.251(a)

5 AAC 58.005 Description of the Cook Inlet - Resurrection Bay Saltwater Area {#sec-5-aac-58.005 omnilex-key=us-ak-regs-official--title-5--5 AAC 58.005}

The Cook Inlet - Resurrection Bay Saltwater Area consists of all waters of Alaska, excluding freshwater drainages, enclosed by a line extending south from Cape Fairfield (148° 50.25' W. long.), and a line extending east from Cape Douglas (58° 51.10' N. lat.).

History

Authority: AS 16.05.251

5 AAC 58.010 Code key for open fishing seasons {#sec-5-aac-58.010 omnilex-key=us-ak-regs-official--title-5--5 AAC 58.010}

Repealed.

5 AAC 58.015 Harvest record required; seasonal limit {#sec-5-aac-58.015 omnilex-key=us-ak-regs-official--title-5--5 AAC 58.015}

Repealed 1/1/90.

5 AAC 58.016 King salmon annual punchcard; yearly limit {#sec-5-aac-58.016 omnilex-key=us-ak-regs-official--title-5--5 AAC 58.016}

5 AAC 58.016 was repealed by emergency regulation effective April 30, 1991. On May 30, 1991 the Superior Court found the repeal invalid as an emergency regulation. Therefore, the repeal was not published in Register 118 (July 1991). The repeal subsequently was filed as a "regular" regulation.

Repealed 7/21/91.

5 AAC 58.017 King salmon harvest record; yearly limit {#sec-5-aac-58.017 omnilex-key=us-ak-regs-official--title-5--5 AAC 58.017}

Repealed.

History

Eff. 7/21/91, Register 119; am 4/18/97, Register 142; repealed 2/25/98, Register 145

5 AAC 58.018 Shellfish harvest recording form required {#sec-5-aac-58.018 omnilex-key=us-ak-regs-official--title-5--5 AAC 58.018}

Repealed.

History

Eff. 6/1/96, Register 138; am 9/5/97, Register 143; repealed 2/25/98, Register 145

5 AAC 58.020 Code key for bag limits, possession limits, and size limits {#sec-5-aac-58.020 omnilex-key=us-ak-regs-official--title-5--5 AAC 58.020}

Repealed.

History

Eff. 5/6/81, Register 78; am 5/17/81, Register 78; am 6/28/81, Register 78; am 6/20/82, Register 82; am 4/3/83, Register 85; am 4/28/84, Register 90; am 5/31/84, Register 90; am 5/11/85, Register 94; am 4/18/86, Register 98; am 3/29/87, Register 101; am 5/22/88, Register 106; am 6/10/89, Register 110; am 8/20/89, Register 111; am 6/1/90, Register 114; em am 4/30/91 - 5/30/91, Register 118 [not printed]; am 7/21/91, Register 119; am 4/14/93, Register 126; am 6/5/94, Register 130; am 2/16/96, Register 137; am 9/12/97, Register 143; am 2/25/98, Register 145; am 8/8/99, Register 151; am 5/18/2000, Register 154; am 7/5/2000, Register 155; am 5/19/2001, Register 158; repealed 3/8/2002, Register 161

5 AAC 58.022 Waters; seasons; bag, possession, annual, and size limits; and special provisions for Cook Inlet - Resurrection Bay Saltwater Area {#sec-5-aac-58.022 omnilex-key=us-ak-regs-official--title-5--5 AAC 58.022}

(a) Except as provided in (b) and (c) of this section, and unless otherwise specified in this chapter, the following are the seasons, bag, possession, annual, and size limits, and special provisions for finfish and shellfish in the Cook Inlet - Resurrection Bay Saltwater Area:

(1) king salmon: may be taken from January 1 - December 31; bag and possession limit of two fish; no size limit; an annual harvest limit of five king salmon 20 inches or greater in length, except as provided in (c) of this section; a harvest record is required as specified in 5 AAC 75.006; a king salmon 20 inches or greater in length that is removed from the water shall be retained and becomes a part of the bag limit of the person originally hooking it; a person may not remove a king salmon from the water before releasing the fish;

(2) salmon, other than king salmon: may be taken from January 1 - December 31; bag and possession limit of six fish, of which only three per day and in possession may be coho salmon; no size limit;

(3) rainbow/steelhead trout: no open season; may not be retained or possessed; all rainbow/steelhead trout caught must be released immediately; a person may not remove a rainbow/steelhead trout from the water;

(4) Arctic char/Dolly Varden: may be taken from January 1 - December 31; bag and possession limit of five fish; no size limit;

(5) halibut: may be taken only from February 1 - December 31; bag limit of two fish; possession limit of four fish; no size limit;

(6) rockfish: may be taken from January 1 - December 31; bag limit of three fish and six in possession, of which only one per day and two in possession may be nonpelagic rockfish as defined in 5 AAC 75.995; no size limit;

(7) lingcod: may only be taken from July 1 - December 31; bag limit of one fish and possession limit of two fish; minimum size is 35 inches in length with the head attached or, if the head is removed, 28 inches in length from the front of the dorsal fin to the top of the tail;

(8) sharks may be taken only as specified in 5 AAC 75.012;

(9) king crab: no open season; may not be retained or possessed;

(10) Dungeness crab: no open season; may not be retained or possessed;

(11) Tanner crab: may be taken as follows:

(A) only from September 1 - March 15, except as specified under 5 AAC 35.410(c); bag and possession limit of five male crab, annual limit of 40 male crab; minimum size is four and one-half inches across the widest part of the shell, including spines; a shellfish harvest recording form is required as specified in 5 AAC 58.026;

(B) notwithstanding the provisions of (a)(11)(A) of this section, if the provisions of 5 AAC 35.408(d) apply, then male Tanner crab may be taken only from October 1 through the last day of February; bag and possession limit of three male crab, annual limit of 20 male crab; minimum size is four and one-half inches across the widest part of the shell, including spines; no more than one pot or ring net per person with a maximum of one pot or ring net per vessel; a shellfish harvest recording form is required as specified in 5 AAC 58.026;

(12) littleneck clams and butter clams: no open season; may not be retained or possessed;

(13) repealed 7/13/2012;

(14) razor clams: may be taken from January 1 - December 31 as follows:

(A) from the mouth of the Kenai River to the southernmost tip of the Homer Spit: the bag limit is the first 60 clams taken or possessed; the possession limit is 120 clams;

(B) on the remaining beaches of the Cook Inlet - Resurrection Bay Area: the bag and possession limits are the first 10 gallons taken or possessed; all clams taken or possessed must be retained;

(15) shrimp: no open season; may not be retained or possessed;

(16) other finfish and shellfish not specified in this subsection: from January 1 - December 31; no bag, possession, or size limits.

(b) The seasons, bag, possession, and size limits, and special provisions set out in this subsection are localized exceptions to those specified in (a) of this section for the Cook Inlet - Resurrection Bay Saltwater Area:

(1) in waters of Cook Inlet north of the latitude of Bluff Point (59° 40.00' N. lat.):

(A) king salmon:

(i) from April 1 - August 31; bag and possession limit of one fish; no size limit; an annual harvest limit of five king salmon 20 inches or greater in length, except as provided in (c) of this section; a harvest record is required as specified in 5 AAC 75.006; a king salmon 20 inches or greater in length that is removed from the water shall be retained and becomes a part of the bag limit of the person originally hooking it; a person may not remove a king salmon from the water before releasing the fish;

(ii) repealed 3/15/2017;

(iii) repealed 3/15/2017;

(iv) from September 1 - March 31, king salmon are not required to be entered on a harvest record and do not count against the annual limit specified in (a)(1) of this section;

(B) repealed 6/21/2020;

(2) in the waters of Cook Inlet south of the latitude of Bluff Point at 59° 40.00' N. lat., including all of Kachemak Bay, to the latitude of Cape Douglas at 58° 51.10' N. lat., and east to the longitude of Gore Point at 150° 57.85' W. long.:

(A) repealed 3/15/2017;

(B) salmon, other than king salmon: in the waters from the Homer city dock near the entrance of the Homer Boat Harbor, including the entire Homer Boat Harbor, northwest along the east side of the Homer Spit to an ADF&G regulatory marker located approximately 200 yards northwest of the entrance to the fishery enhancement lagoon on the Homer Spit, including the enhancement lagoon, and to a distance 300 feet from the shore, the bag and possession limit for salmon, other than king salmon, is six fish, of which six per day and in possession may be coho salmon;

(C) a person 16 years of age or older may not sport fish in the Homer Spit youth fishery zone, established by ADF&G regulatory markers to include a portion of the Nick Dudiak Fishing Lagoon, during designated youth fishery days, which occur on the first Saturday in June and the first Saturday in August;

(D) repealed 6/21/2020;

(E) in the waters of Tutka Bay Lagoon sport fishing is prohibited within 100 yards of the Tutka Bay Lagoon hatchery net pens;

(F) the waters near the entrance of the Homer Spit Marine Terminal barge basin from ADF&G regulatory markers located at approximately 59° 36.90' N. lat., 151° 26.80' W. long., north to 59° 36.95' N. lat., 151° 26.85' W. long., and including the entire Homer Spit Marine Terminal barge basin, are closed to all sport fishing.

(3) in waters east of the longitude of Gore Point (150° 57.85' W. long.), to the longitude of Cape Fairfield (148° 50.25' W. long.), and north of the latitude of Cape Douglas (58° 51.10' N. lat.):

(A) in the salt waters north of a line between Cape Resurrection and Aialik Cape (Resurrection Bay Terminal Harvest Area):

(i) king salmon: from May 1 - August 31, the bag and possession limit is two fish; from September 1 - April 30, the bag and possession limit is one fish; king salmon do not need to be entered on a harvest record and do not count against the annual limit set out in (a)(1) of this section;

(ii) salmon, other than king salmon: bag and possession limit is six fish, of which six per day and in possession may be coho salmon;

(iii) lingcod: no open season; may not be retained or possessed;

(B) in the salt waters south of a line between Cape Resurrection and Aialik Cape:

(i) king salmon: from January 1 - December 31, the bag and possession limit is one fish; king salmon do not need to be entered on a harvest record and do not count against the annual limit set out in (a)(1) of this section;

(ii) salmon, other than king salmon: bag and possession limit between Gore Point and Cape Fairfield is six fish, of which only three per day and in possession may be coho salmon;

(iii) lingcod: may only be taken from July 1 - December 31; bag limit of one fish and possession limit of two fish; minimum size is 35 inches in length with the head attached or, if the head is removed, 28 inches in length from the front of the dorsal fin to the top of the tail;

(4) the following waters are closed to the taking of all shellfish:

(A) the intertidal beach along Shipwreck Cove in China Poot Bay enclosed by a line from 59° 34.34' N. lat., 151° 18.11' W. long., to 59° 34.26' N. lat., 151° 17.96' W. long., to 59° 34.20' N. lat., 151° 17.94' W. long., to 59° 34.19' N. lat., 151° 17.81' W. long., to 59° 34.13' N. lat. to 151° 17.75' W. long., to 59° 34.13' N. lat., 151° 17.77' W. long., to 59° 34.19' N. lat., 151° 17.96' W. long., to 59° 34.26' N. lat., 151° 17.98' W. long., to 59° 34.33' N. lat., 151° 18.14' W. long., as marked by ADF&G regulatory markers located in the upper intertidal area;

(B) the intertidal beach by Otter Rock in Peterson Bay enclosed by a line from 59° 34.78' N. lat., 151° 17.84' W. long., to 59° 34.70' N. lat., 151° 17.68' W. long., to 59° 34.79' N. lat., 151° 17.68' W. long., as marked by ADF&G regulatory markers located in the upper intertidal area.

(c) Notwithstanding an annual limit established in this section for king salmon, the annual limit for king salmon in the combined waters of the Cook Inlet-Resurrection Bay Saltwater Area and the other areas in the Cook Inlet region that are open to sport fishing for king salmon under 5 AAC 56 - 5 AAC 62 is five king salmon 20 inches or greater in length, not more than two of which may be taken from that portion of the Kenai River drainage open to king salmon fishing, and not more than two of which may be taken, in combination, from Deep Creek and the Anchor River, except that from January 1 through June 30, a king salmon less than 28 inches in length taken from the Kenai River does not count towards the annual limit.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 2/25/98, Register 145; am 3/5/99, Register 149; am 6/13/99, Register 150; am 5/18/2000, Register 154; am 7/5/2000, Register 155; am 3/8/2002, Register 161; am 8/24/2002, Register 163; am 12/29/2002, Register 164; am 6/5/2003, Register 166; am 3/13/2004, Register 169; am 12/1/2004, Register 172; am 2/13/2005, Register 173; am 8/14/2005, Register 175; am 7/1/2006, Register 178; am 3/15/2008, Register 185; am 9/12/2008, Register 187; am 4/24/2009, Register 190; am 8/23/2009, Register 191; am 3/2/2011, Register 197; am 7/13/2012, Register 203; am 6/1/2013, Register 206; am 2/23/2014, Register 209; am 3/22/2014, Register 209; am 6/27/2014, Register 210; am 9/24/2014, Register 211; am 3/15/2017, Register 221; am 7/22/2017, Register 223; am 8/10/2018, Register 227; am 4/24/2020, Register 234; am 6/21/2020, Register 234; am 9/25/2022, Register 243; am 4/28/2024, Register 250

5 AAC 58.024 Harvest record required; annual limits {#sec-5-aac-58.024 omnilex-key=us-ak-regs-official--title-5--5 AAC 58.024}

Repealed.

History

Eff. 2/25/98, Register 145; am 6/13/99, Register 150; am 3/8/2002, Register 161; am 12/29/2002, Register 164; am 6/4/2008, Register 186; am 3/2/2011, Register 197; am 2/23/2014, Register 209

5 AAC 58.025 Use of pink salmon as bait in the Cook Inlet-Resurrection Bay Saltwater Area {#sec-5-aac-58.025 omnilex-key=us-ak-regs-official--title-5--5 AAC 58.025}

Notwithstanding 5 AAC 75.026, in the Cook Inlet-Resurrection Bay Saltwater Area, pink salmon taken in a sport fishery may be used for bait in a sport, personal use, or subsistence fishery.

History

Authority: AS 16.05.251
Eff. 3/22/2014, Register 209

5 AAC 58.026 Shellfish harvest recording form required {#sec-5-aac-58.026 omnilex-key=us-ak-regs-official--title-5--5 AAC 58.026}

(a) Before harvesting razor clams or shellfish with pots, a person must obtain a sport fishing shellfish harvest recording form as set out under 5 AAC 75.016. Upon taking shellfish with pots, and before concealing the shellfish from plain view or removing the shellfish from the fishing site, the person must enter the harvest and catch information requested in the form. A person who fails to comply with the requirements of 5 AAC 75.016 or this subsection, including a requirement to return harvest and catch information to the department, may be ineligible to obtain a shellfish harvest recording form during the following season in the fishery for which the form was required, unless the permit applicant demonstrates to the department that failure to report was due to unavoidable circumstances.

(b) Repealed 7/1/2006.

History

Authority: AS 16.05.251
Eff. 2/25/98, Register 145; am 6/5/2003, Register 166; am 7/1/2006, Register 178; am 9/19/2019, Register 231; am 6/21/2020, Register 234; am 7/10/2025, Register 255

5 AAC 58.030 Methods, means, and general provisions - Finfish {#sec-5-aac-58.030 omnilex-key=us-ak-regs-official--title-5--5 AAC 58.030}

(a) Unless otherwise specified in 5 AAC 58.022 or by an emergency order issued under AS 16.05.060, the provisions of this section apply to finfish sport fishing in the Cook Inlet - Resurrection Bay Saltwater Area.

(b) Unless otherwise specified in this section or in 5 AAC 75, fish may only be taken by hook-and-line gear.

(c) A person may not intentionally snag or attempt to snag any species of fish in the waters of Cook Inlet north of the latitude of Bluff Point at 59° 40.00' N. lat. A person who snags a fish in these waters shall release the fish immediately. Except as specified in (d) of this section, a person may snag or attempt to snag any species of fish in the waters of Cook Inlet south of the latitude of Bluff Point at 59° 40.00' N. lat., from January 1 through December 31.

(d) From January 1 through December 31, except during periods established by emergency order, a person may not intentionally snag or attempt to snag any species of fish from the Homer city dock near the entrance of the Homer Boat Harbor, including the entire Homer Boat Harbor, northwest along the east side of Homer Spit to an ADF&G regulatory marker located approximately 200 yards northwest of the entrance to the fishery enhancement lagoon on Homer Spit, to a distance 300 feet from the shore.

(e) From January 1 through June 23, a person may not intentionally snag or attempt to snag any species of fish in the waters of the Seldovia Harbor and Seldovia Lagoon starting at the entrance to the Seldovia Harbor, including all waters east and south of the breakwater wall and upstream through the Seldovia Slough and including the entire Seldovia Lagoon.

(f) From January 1 through June 23, spearfishing for king salmon is prohibited in the waters of the Seldovia Harbor and Seldovia Lagoon starting at the entrance to the Seldovia Harbor, including all waters east and south of the breakwater wall and upstream through the Seldovia Slough and including the entire Seldovia Lagoon.

(g) The use of a weighted hook, weight, or floatation device that follows a hook or hooks is prohibited during periods closed to snagging.

(h) For the purposes of this section, "snag" means to hook a fish anywhere on its body except for its mouth.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 2/25/98, Register 145; am 3/8/2002, Register 161; am 3/15/2008, Register 185; am 4/24/2020, Register 234; am 4/28/2024, Register 250

5 AAC 58.035 Methods, means, and general provisions - Shellfish {#sec-5-aac-58.035 omnilex-key=us-ak-regs-official--title-5--5 AAC 58.035}

(a) Unless otherwise specified in 5 AAC 58.022 or by an emergency order issued under AS 16.05.060, the provisions of this section apply to shellfish sport fishing in the Cook Inlet - Resurrection Bay Saltwater Area.

(b) The bag and possession limits for sport-harvested shellfish are not in addition to those allowed under the subsistence fishing regulations in 5 AAC 01 and 5 AAC 02 or the personal use fishing regulations in 5 AAC 77.

(c) A person may not mutilate or otherwise disfigure a crab in any manner that would prevent the determination of the minimum size and sex restrictions specified in this chapter. Only whole crab, cooked or uncooked, may be taken off a vessel.

(d) Notwithstanding 5 AAC 75.035(3), no more than two pots or two ring nets or a combination of one pot and one ring net per person, regardless of type, with a maximum of two pots or two ring nets or a combination of one pot and one ring net per vessel, regardless of type, may be used to take shellfish at any time, except that in the waters between the longitude of Gore Point (150° 57.85' W. long.) and the longitude of Cape Fairfield (148° 50.25' W. long.), no more than two pots or two ring nets or a combination of one pot and one ring net per person with a maximum of six pots or six ring nets or a combination of pots and ring nets not to exceed a total of six units of gear per vessel may be used to take Tanner crab.

(e) Each pot, other than shrimp pots, used to take shellfish under this chapter must have a minimum of two escape rings that are at least four and three-eighths inches in inside diameter.

(f) Shrimp pots are pots with tunnel eye openings that individually are not larger than 15 inches in perimeter.

(g) A pot used to take shellfish may not have any portion of the line attaching the pot to a buoy or buoys floating on the surface of the water at any time, except for that portion of the line connecting the main buoy to any auxiliary buoy or buoys.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 5/6/81, Register 78; am 6/28/81, Register 78; am 6/20/82, Register 82; am 4/3/83, Register 85; am 5/31/84, Register 90; am 4/18/86, Register 98; am 6/10/89, Register 110; am 4/14/93, Register 126; am 6/1/96, Register 138; am 2/25/98, Register 145; am 8/24/2002, Register 163; am 7/16/2011, Register 199; am 6/21/2020, Register 234

5 AAC 58.036 Saltwater chartering requirements {#sec-5-aac-58.036 omnilex-key=us-ak-regs-official--title-5--5 AAC 58.036}

Repealed.

History

Eff. 7/21/91, Register 119; repealed 5/13/95, Register 134

5 AAC 58.040 East Cook Inlet Razor Clam Sport Fishery Management Plan {#sec-5-aac-58.040 omnilex-key=us-ak-regs-official--title-5--5 AAC 58.040}

(a) The purpose of this plan is to direct the department in the management of the sport razor clam fisheries in east Cook Inlet from the mouth of the Kenai River to the southernmost tip of the Homer Spit and to establish abundance thresholds for adult clams greater than or equal to 80 mm and stock productivity indices for the fisheries in the Clam Gulch and Ninilchik Areas.

(b) In the Clam Gulch Area from the mouth of the Kenai River south to the latitude of 60° 05.54' N. lat., and in the Ninilchik Area from the southernmost tip of the Homer Spit north to the latitude of 60° 05.54' N. lat.,

(1) if the estimated adult clam abundance is greater than or equal to the average 1989 - 2012 abundance, the adult clam recruitment replaces or exceeds harvest and natural mortality and the size composition index of the harvest is equal to the 1989 - 2012 average, then the fisheries will be managed as provided in 5 AAC 58.022(a)(14)(A) and 5 AAC 77.518(2)(A); the combined harvest rate of the sport and personal use fisheries are not expected to exceed 20 percent of the adult clam abundance;

(2) if the estimated adult clam abundance is greater than or equal to 50 percent of the average 1989 - 2012 abundance but the population does not meet the criteria as set out under (1) of this subsection, razor clams may be taken from August 1 through August 31 and the bag and possession limits are the first 15 clams taken or possessed; the combined harvest rate of the sport and personal use fisheries is not expected to exceed 10 percent of the adult clam abundance.

History

Authority: AS 16.05.251
Eff. 9/25/2022, Register 243; am 11/10/2024, Register 252; am 7/10/2025, Register 255

5 AAC 58.050 Waters closed to sport fishing {#sec-5-aac-58.050 omnilex-key=us-ak-regs-official--title-5--5 AAC 58.050}

Repealed.

5 AAC 58.055 Upper Cook Inlet Summer Salt Water King Salmon Management Plan {#sec-5-aac-58.055 omnilex-key=us-ak-regs-official--title-5--5 AAC 58.055}

(a) The goal of this management plan is to stabilize the sport harvest of king salmon in the mixed stock salt water sport fishery in the Upper Cook Inlet Summer Salt Water King Salmon Management Area.

(b) The Upper Cook Inlet Summer Salt Water King Salmon Management Area consists of all salt waters north of the latitude of Bluff Point at 59° 40.00' N. lat.

(c) From April 1 through August 31, within the waters described in (b) of this section, a person who is a sport fishing guide or sport fishing guide crewmember may not sport fish while a client is present or is within the guide's control or responsibility. Notwithstanding the provisions of this subsection, a sport fishing guide may provide assistance to a client with a disability in order to enable the client to engage in sport fishing. For the purposes of this subsection, "disability" has the meaning given in 42 U.S.C. 12102(2)(A) and (2)(C), as amended as of February 8, 1994.

(d) The following waters, within one mile of shore, are closed to sport fishing from a vessel and closed to the retention of king salmon when sport fishing from shore from April 1 through July 15:

(1) in the salt waters approximately one mile north of the Ninilchik River at 60° 03.99' N. lat. to an ADF&G regulatory marker located two miles south of Deep Creek at 60° 00.68' N. lat.;

(2) from the latitude of an ADF&G regulatory marker located one mile north of Stariski Creek at 59° 54.37' N. lat. to the latitude of an ADF&G regulatory marker located one mile south of Stariski Creek at 59° 52.98' N. lat.;

(3) from the latitude of an ADF&G regulatory marker located two miles north of the Anchor River at 59° 48.92' N. lat. to the latitude of the Anchor Point Light at 59° 46.14' N. lat.

(e) Within the waters described in (b) of this section, from April 1 through August 31, a person may not, after taking a king salmon 20 inches or greater in length, fish for king salmon on that same day.

(f) A guideline harvest level of 8,000 king salmon 20 inches or greater in length may be taken from April 1 - August 31 from the salt waters of Cook Inlet north of the latitude of Bluff Point.

(g) The following waters are closed to all sport fishing from April 1 to July 15:

(1) from the latitude of an ADF&G regulatory marker located approximately 200 yards north of the mouth of the Ninilchik River to the latitude of an ADF&G regulatory marker located approximately 200 yards south of the mouth of the Ninilchik River;

(2) from the latitude of an ADF&G regulatory marker located approximately 200 yards north of the mouth of Deep Creek to the latitude of an ADF&G regulatory marker located approximately 200 yards south of the mouth of Deep Creek;

(3) from the latitude of an ADF&G regulatory marker located approximately 200 yards north of the mouth of Stariski Creek to the latitude of an ADF&G regulatory marker located approximately 200 yards south of the mouth of Stariski Creek;

(4) from the latitude of an ADF&G regulatory marker located approximately 200 yards north of the mouth of the Anchor River to the latitude of an ADF&G regulatory marker located approximately 200 yards south of the mouth of the Anchor River.

(h) If the Anchor River preseason forecast or inseason projection is less than the lower end of the sustainable escapement goal of 3,200 - 6,400 king salmon, the Upper Cook Inlet salt waters north of the latitude of Bluff Point at 59° 40.00' N. lat., within a mile of shore will be closed to the retention of king salmon from May 1 to July 15.

(i) If the Kenai River is closed as specified in 5 AAC 57.160, the Upper Cook Inlet salt waters north of the latitude of Bluff Point at 59° 40.00' N. lat., will be closed to the taking of king salmon from May 1 to July 15.

(j) If the Deshka River preseason forecast or inseason projection is less than the lower end of the sustainable escapement goal of 9,000 - 18,000 king salmon, the Upper Cook Inlet salt waters north of the latitude of Bluff Point at 59° 40.00' N. lat., within a mile of shore will be closed to the retention of king salmon from May 1 to July 15.

History

Authority: AS 16.05.251
Eff. 5/22/96, Register 138; am 6/13/99, Register 150; am 3/8/2002, Register 161; am 12/29/2002, Register 164; am 12/1/2004, Register 172; am 2/10/2005, Register 173; am 3/15/2008, Register 185; am 3/2/2011, Register 197 am 3/22/2014, Register 209; am 3/15/2017, Register 221; am 4/24/2020, Register 234; am 4/28/2024, Register 250; am 6/8/2024, Register 250

5 AAC 58.057 Lower Cook Inlet summer saltwater king salmon sport fishery {#sec-5-aac-58.057 omnilex-key=us-ak-regs-official--title-5--5 AAC 58.057}

(a) The goal of this management plan is to stabilize the sport harvest of king salmon in the mixed stock saltwater fishery in lower Cook Inlet from April 1 through August 31.

(b) The salt waters of lower Cook Inlet include all salt water south of the latitude of Bluff Point at 59° 40.00' N. lat., excluding shore-based harvest.

(d) The annual limit and harvest record specified in 5 AAC 58.022 applies to king salmon 20 inches or greater.

(e) The guideline harvest level is 8,500 king salmon.

History

Authority: AS 16.05.251
Eff. 4/28/2024, Register 250

5 AAC 58.060 Cook Inlet Winter Salt Water King Salmon Sport Fishery Management Plan {#sec-5-aac-58.060 omnilex-key=us-ak-regs-official--title-5--5 AAC 58.060}

(a) The purpose of the management plan under this section is to meet the Board of Fisheries' goal of slowing the growth in the sport harvest of king salmon in the salt waters of Cook Inlet during the winter, which occurs from September 1 through March 31.

(b) In the winter salt water king salmon sport fishery in Cook Inlet

(1) the guideline harvest level is 5,500 king salmon;

(2) the sport harvest will be estimated annually by the department's statewide harvest survey;

(3) the bag and possession limit for king salmon is two fish;

(4) the annual limit and harvest record specified in 5 AAC 58.022 does not apply;

(5) if the guideline harvest level is expected to be exceeded, the commissioner shall restrict retention of king salmon to fish 20 inches or greater in length by emergency order.

(c) For the purposes of this section, Cook Inlet consists of the salt waters of Cook Inlet west of the longitude of Gore Point at 150° 57.85' W. long., and north of the latitude of Cape Douglas at 58° 51.10' N. lat., including all of Kachemak Bay.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 12/29/2002, Register 164; am 3/2/2011, Register 197; am 2/23/2014, Register 209; am 3/15/2017, Register 221; am 4/28/2024, Register 250

5 AAC 58.065 North Gulf Coast King Salmon Sport Fishery Management Plan {#sec-5-aac-58.065 omnilex-key=us-ak-regs-official--title-5--5 AAC 58.065}

(a) The purpose of the management plan under this section is to meet the Board of Fisheries' goal of directing the king salmon sport fishing effort on hatchery stocks in Resurrection Bay and stabilizing the sport harvest of king salmon in the North Gulf Coast.

(b) In the king salmon sport fishery,

(1) from January 1 through December 31, outside of the Resurrection Bay Terminal Harvest Area, the bag and possession limit for king salmon is one fish, with no size limit;

(2) within the Resurrection Bay Terminal Harvest Area,

(A) from May 1 through August 31, the bag and possession limit for king salmon is two fish; with no size limit;

(B) from September 1 through April 30, the bag and possession limit for king salmon is one fish, with no size limit;

(3) in the North Gulf Coast, the annual limit and harvest record specified in 5 AAC 58.022 does not apply.

(1) North Gulf Coast consists of the salt waters between Gore Point at 59° 12.00' N. lat., 150° 57.85' W. long. and the longitude of Cape Fairfield (148° 50.25' W. long.);

(2) Resurrection Bay Terminal Harvest Area consists of the salt waters north of a line between Cape Resurrection and Aialik Cape.

History

Authority: AS 16.05.251
Eff. 12/29/2002, Register 164; am 4/24/2009, Register 190; am 2/23/2014, Register 209

5 AAC 58.095 Application of regulations {#sec-5-aac-58.095 omnilex-key=us-ak-regs-official--title-5--5 AAC 58.095}

The regulations in this chapter also apply in the adjoining waters of the exclusive economic zone.

History

Authority: AS 16.05.251; AS 16.10.190
Eff. 7/25/95, Register 135; am 4/23/98, Register 146

Chapter 59 Anchorage Bowl Drainages Area

5 AAC 59.101 Application of this chapter {#sec-5-aac-59.101 omnilex-key=us-ak-regs-official--title-5--5 AAC 59.101}

The provisions of this chapter apply to sport fishing for finfish in the waters of the Anchorage Bowl Drainages Area.

History

Authority: AS 16.05.251
Eff. 10/1/2006, Register 179

5 AAC 59.105 Description of the Anchorage Bowl Drainages Area {#sec-5-aac-59.105 omnilex-key=us-ak-regs-official--title-5--5 AAC 59.105}

The Anchorage Bowl Drainages Area consists of all fresh water drainages including all waters draining into the east side of Knik Arm south of, and including, the Eklutna River drainage, and all waters draining into the north and west sides of Turnagain Arm, and all waters draining into the south side of Turnagain Arm east of, and including, Ingram Creek.

History

Authority: AS 16.05.251
Eff. 10/1/2006, Register 179

5 AAC 59.120 General provisions for seasons, bag, possession, annual, and size limits, and methods and means for the Anchorage Bowl Drainages Area {#sec-5-aac-59.120 omnilex-key=us-ak-regs-official--title-5--5 AAC 59.120}

Unless otherwise specified in 5 AAC 59.122 or by an emergency order issued under AS 16.05.060, the following are the general seasons, bag, possession, annual, and size limits, and methods and means that apply to sport fishing for finfish in the Anchorage Bowl Drainages Area:

(1) king salmon

(A) 20 inches or greater in length may not be retained or possessed; no open season; king salmon 20 inches or greater in length that are caught must be released immediately; a person may not remove a king salmon from the water before releasing the fish;

(B) less than 20 inches in length

(i) may not be retained or possessed in flowing waters and unstocked lakes and ponds; no open season; king salmon less than 20 inches in length that are caught must be released immediately; a person may not remove a king salmon from the water before releasing the fish;

(ii) may be taken in stocked lakes and ponds from January 1 - December 31; bag and possession limit of five fish; for purposes of this sub-subparagraph, "stocked lakes and ponds" has the meaning given in (3)(A) of this section;

(2) salmon, other than king salmon,

(A) 16 inches or greater in length may not be retained or possessed; no open season; salmon, other than king salmon, 16 inches or greater in length that are caught must be released immediately; notwithstanding the provisions of this subparagraph, in waters where sport fishing for salmon is allowed under 5 AAC 59.122, except as specified in 5 AAC 59.122(a)(1)(A), (a)(2)(E), and (a)(14)(B), the bag and possession limit for salmon, other than king salmon, 16 inches or greater in length, is three fish, of which only two per day and two in possession may be coho salmon;

(B) less than 16 inches in length

(i) may not be retained or possessed in flowing waters and unstocked lakes and ponds; no open season; salmon other than king salmon, less than 16 inches that are caught must be released immediately; notwithstanding the provisions of this sub-subparagraph, in waters where sport fishing for salmon is allowed under 5 AAC 59.122, the bag and possession limit for salmon, other than king salmon, less than 16 inches in length, is five fish;

(ii) may be taken in stocked lakes and ponds from January 1 - December 31; bag and possession limit of five fish; for the purposes of this sub-subparagraph, "stocked lakes and ponds" has the meaning given in (3)(A) of this section;

(C) in areas where the retention of coho salmon is allowed under this paragraph or 5 AAC 59.122, a coho salmon 16 inches or greater in length that is removed from the water must be retained and becomes part of the bag limit of the person originally hooking it; a person may not remove a coho salmon from the water before releasing the fish;

(3) rainbow/steelhead trout may be taken from January 1 - December 31 in

(A) stocked lakes and ponds; bag and possession limit of five fish, of which only one may be 20 inches or greater in length; for the purpose of this subparagraph, "stocked lakes and ponds" include Alder Pond, Airstrip/Willow Pond, Beach Lake, Campbell Point Lake, Cheney Lake, University Lake (Behn or APU Lake), Clunie Lake, Delong Lake, Dishno Lake, Edmunds Lake, Fish Lake, Green Lake, Gwen Lake, Hillberg Lake, Jewell Lake, Lake Otis, Lower Fire Lake, Lower Sixmile Lake, Mirror Lake, Otter Lake, Rabbit Lake, Sand Lake, Spring Lake, Taku Campbell Lake, Triangle Lake, Upper Sixmile Lake, and Waldon Lake;

(B) flowing waters and unstocked lakes and ponds; bag and possession limit of two fish, of which only one may be 20 inches or greater in length; an annual limit of two fish 20 inches or greater in length; a harvest record is required as specified in 5 AAC 75.006; notwithstanding the annual limit established for rainbow/steelhead trout in this subparagraph, the annual limit for rainbow/steelhead trout in the combined waters of the Anchorage Bowl Drainages Area and in the other areas in the Cook Inlet region that are open to sport fishing for rainbow/steelhead trout under 5 AAC 56 - 5 AAC 62 is two rainbow/steelhead trout 20 inches or greater in length;

(4) Arctic char/Dolly Varden may be taken from January 1 - December 31 in

(A) stocked lakes and ponds; bag and possession limit of five fish; no size limit; for the purpose of this subparagraph, "stocked lakes and ponds" has the meaning given in (3)(A) of this section;

(B) flowing waters and unstocked lakes and ponds; bag and possession limit of five fish, of which only one may be greater than 12 inches in length;

(5) Arctic grayling may be taken from January 1 - December 31

(A) stocked lakes and ponds; bag and possession limit of five fish; no size limit; for the purposes of this subparagraph, "stocked lakes and ponds" has the meaning given in (3)(A) of this section;

(B) flowing waters and unstocked lakes and ponds; bag and possession limit of two fish, of which only one may be greater than 12 inches in length;

(6) lake trout may be taken from January 1 - December 31; bag and possession limit of two fish; no size limit;

(7) northern pike may be taken from January 1 - December 31; no bag, possession, or size limits; notwithstanding 5 AAC 75.065, a northern pike caught may not be released back into the water alive; northern pike may be taken in all waters of this section

(A) by spear and bow and arrow;

(B) with two hooks per line, when fishing through the ice, if both hooks are attached to the same single piece of bait;

(8) other finfish not specified in this subsection may be taken from January 1 - December 31; no bag, possession, or size limits.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 10/1/2006, Register 179; am 6/12/2011, Register 198; am 2/23/2014, Register 209; am 5/18/2014, Register 210; am 6/8/2017, Register 222; am 6/28/2019, Register 230; am 6/21/2020, Register 234

5 AAC 59.122 Special provisions for the seasons, bag, possession, annual, and size limits, and methods and means for the Anchorage Bowl Drainages Area {#sec-5-aac-59.122 omnilex-key=us-ak-regs-official--title-5--5 AAC 59.122}

(a) Unless otherwise specified by an emergency order issued under AS 16.05.060, the following are localized additions and exceptions to the general seasons, bag, possession, annual, and size limits, and methods and means specified in 5 AAC 59.120 and 5 AAC 75 for the Anchorage Bowl Drainages Area:

(1) the Bird Creek drainage

(A) from its mouth upstream 500 yards to an ADF&G regulatory marker is open from July 14 - December 31 to sportfishing for salmon, other than king salmon, with a bag and possession limit for salmon, other than king salmon, 16 inches or greater in length of three fish;

(B) is closed upstream of the ADF&G regulatory marker located 500 yards upstream of the mouth to sport fishing for all salmon;

(2) in the Campbell Creek drainage,

(A) sport fishing is closed from

(i) its mouth upstream to an ADF&G regulatory marker located under the Dimond Boulevard Bridge; and

(ii) an ADF&G regulatory marker located near Shelikof Street upstream to an ADF&G regulatory marker located on the upstream side of the Lake Otis Parkway Bridge;

(iii) April 15 - June 14;

(iv) the upstream side of the Lake Otis Parkway Bridge upstream to an ADF&G marker at the forks near Piper Street from October 1 - July 13;

(B) in the waters upstream of the forks near Piper Street, only one unbaited, single-hook, artificial lure may be used;

(C) in the waters upstream of the forks near Piper Street, rainbow/steelhead trout may not be possessed or retained; rainbow/steelhead trout that are caught must be released immediately and returned to the water unharmed;

(D) in the waters downstream of the forks near Piper Street, the bag and possession limit for rainbow/steelhead trout is five fish, of which only one per day may be 20 inches or greater in length;

(E) from July 14 - September 30, the waters between ADF&G regulatory markers located under the Dimond Boulevard Bridge upstream to an ADF&G regulatory marker located near Piper Street, except those waters between Shelikof Street and the Lake Otis Parkway Bridge which is closed to sport fishing, are open to sport fishing for coho salmon 16 inches or greater in length; bag and possession limit of three fish;

(F) repealed 6/12/2011;

(G) a person 16 years of age or older may not sport fish in Campbell Creek between Dimond Boulevard and the Old Seward Highway during the designated youth fishing days which occur on the last Saturday and Sunday in June from 6:00 a.m. to 10:00 p.m.; during the designated youth fishing days, king salmon may be taken with a bag and possession limit of one fish 20 inches or greater in length, and 10 fish less than 20 inches in length; except as provided in (b) of this section, there is an annual limit of five king salmon 20 inches or greater in length and a harvest record is required as specified in 5 AAC 75.006; after taking a king salmon 20 inches or greater in length, a person may not sport fish for any species of finfish in waters open to king salmon fishing on that same day;

(3) in the Chester Creek drainage,

(A) the bag and possession limit for rainbow/steelhead trout is five fish, of which only one per day may be 20 inches or greater in length;

(B) sport fishing is closed from April 15 - June 14;

(4) in the Eagle River drainage,

(A) the waters from its mouth upstream to the Route Bravo Bridge on Fort Richardson Army Base are closed to sport fishing;

(B) the waters from Route Bravo Bridge upstream to ADF&G regulatory markers located at mile 7.4 of the Eagle River Road, including waters within 100 yards of its confluence with the South Fork, but not including the South Fork, is open to sport fishing for all finfish species, except king salmon;

(C) from September 16 - May 31, the waters upstream of ADF&G regulatory markers located at river mile 7.4 of the Eagle River Road and the North Fork and its tributaries are open to sport fishing for all finfish species, except king salmon;

(D) from August 15 - May 31, the South Fork of Eagle River from its confluence with Eagle River upstream to the falls, is closed to sport fishing for salmon;

(E) the South Fork Eagle River upstream of the falls is open to sport fishing;

(F) the waters from Bailey Bridge on Ft. Richardson Army Base upstream to ADF&G regulatory markers in the Chugach State Park Eagle River Campground are open to sport fishing for king salmon on Saturdays, Sundays, and Mondays for four consecutive weeks beginning on the Saturday before Memorial Day;

(G) the bag and possession limit for king salmon is one fish, 20 inches or greater in length, except as provided in (b) of this section, there is an annual limit of two king salmon 20 inches or greater in length and a harvest record is required as specified in 5 AAC 75.006; a king salmon 20 inches or greater in length that is removed from the water must be retained and becomes part of the bag limit of the person who originally hooked it; a person may not remove a king salmon from the water before releasing the fish;

(H) after taking a king salmon 20 inches or greater in length, a person may not sport fish for any species of fish that same day in waters open to sport fishing for king salmon;

(5) in the Eklutna River drainage,

(A) the waters from its mouth upstream to the Glenn Highway are open to sport fishing for salmon, other than king, coho, and sockeye salmon;

(B) from January 1 - September 30, the waters upstream of the Glenn Highway are open to sport fishing for salmon, other than king coho, and sockeye salmon;

(6) in the Glacier Creek drainage, including California Creek,

(A) the waters from Glacier Creek mouth upstream of ADF&G regulatory markers located approximately 25 yards above the confluence of California Creek, are open to sport fishing for salmon, other than king salmon;

(B) from January 1 - September 30, the waters upstream of ADF&G regulatory markers located approximately 25 yards above the confluence of California Creek, are open to sport fishing for salmon, other than king salmon;

(C) the California Creek drainage from its confluence with Glacier Creek upstream of ADF&G regulatory markers located approximately 25 yards above the confluence is open to sport fishing for salmon, other than king salmon;

(D) from January 1 - September 30, the California Creek drainage upstream from ADF&G regulatory markers approximately 25 yards above its confluence with Glacier Creek is open to sport fishing for salmon, other than king salmon;

(7) the Indian Creek drainage,

(A) downstream of the Seward Highway Bridge is open to sport fishing;

(B) from July 1 - December 31, upstream of the Seward Highway Bridge, is closed to sport fishing;

(8) in the Ingram Creek drainage,

(A) the waters from its mouth upstream to ADF&G regulatory markers located approximately 50 yards upstream of the Seward Highway are open to sport fishing for salmon, other than king salmon;

(B) from January 1 - September 30, the waters upstream of ADF&G regulatory markers located approximately 50 yards upstream of the Seward Highway are open to sport fishing for salmon, other than king salmon;

(9) the Peters Creek drainage,

(A) from its mouth upstream to the Glenn Highway is open to sport fishing for salmon, other than king salmon;

(B) upstream from the Glenn Highway is closed to sport fishing for salmon;

(10) the Placer River drainage,

(A) excluding Lower Explorer Creek upstream from ADF&G regulatory markers located near its confluence with Lower Explorer Pond and excluding Skookum Creek upstream from the Alaska Railroad Bridge is open to sport fishing for salmon, other than king salmon;

(B) from January 1 - July 13, Lower Explorer Creek upstream from ADF&G regulatory markers located near its confluence with Lower Explorer Pond is open to sport fishing for all finfish species, except king salmon;

(C) from January 1 - July 13, Skookum Creek upstream of the Alaska Railroad Bridge is open to sport fishing for all finfish species, except king salmon;

(11) the Portage Creek drainage,

(A) excluding Lower Railroad Slough, Williwaw Creek, and Placer Creek, is open to sport fishing for all finfish species, except king salmon;

(B) from January 1 - July 13, in Lower Railroad Slough upstream from ADF&G regulatory markers located at its confluence with Portage Creek is open to sport fishing for all finfish species, except king salmon;

(D) the Placer Creek Drainage (all Bear Valley streams) is open to sport fishing, except for salmon;

(12) the Potter Creek/Potter Marsh drainage is closed to sport fishing;

(13) in the Rabbit Creek drainage, sport fishing is closed

(A) in the waters from its mouth upstream to the Old Seward Highway;

(B) to salmon fishing in the waters upstream of the Old Seward Highway;

(14) in the Ship Creek drainage,

(A) the waters from its mouth upstream to a cable 100 feet downstream of the Chugach Power Plant dam are open to sport fishing for all finfish species, from January 1 - December 31;

(B) the bag and possession limit for salmon other than king salmon, 16 inches or greater in length is three fish;

(C) the bag and possession limit for king salmon 20 inches or greater in length is one fish; except as provided in (b) of this section, there is an annual harvest limit of five king salmon 20 inches or greater in length and a harvest record is required as specified in 5 AAC 75.006; a king salmon 20 inches or greater in length that is removed from the water must be retained and becomes a part of the bag limit of the person that originally hooked the fish; a person may not remove a king salmon from the water before releasing the fish;

(D) from May 15 - July 13, sport fishing is closed from 11:00 p.m. to 6:00 a.m.;

(E) from January 1 - July 13, after taking and retaining a king salmon 20 inches or greater in length, a person may not sport fish for any species that same day in waters open to king salmon fishing;

(F) the waters from the cable 100 feet downstream of the Chugach Power Plant dam upstream to ADF&G regulatory markers located 300 feet upstream of the Elmendorf Power Plant dam are closed to sport fishing;

(G) repealed 6/8/2017;

(H) repealed 6/8/2017;

(I) the waters upstream of an ADF&G regulatory marker located 300 feet above the Elmendorf Power Plant dam are open to sport fishing;

(J) a person 16 years of age or older may not sport fish in the Ship Creek youth fishery zone, established in Ship Creek between the upstream side of the C Street Bridge upstream to the downstream side of the restaurant bridge, during the designated youth fishery day, which occurs from 6:00 a.m. to 11:00 p.m. on the third Saturday in June.

(15) the Sixmile Creek Drainage from its mouth upstream to Lower Six Mile Lake is closed to sport fishing;

(16) in the Twenty Mile River drainage,

(A) the waters from its mouth upstream approximately 10 miles to ADF&G regulatory markers and the Glacier River drainage from its confluence with Twenty Mile River upstream to ADF&G regulatory markers located at its confluence with Carmen Lake outlet stream are open to sport fishing, except for king salmon;

(B) from January 1 - July 13, the waters upstream from ADF&G regulatory markers located approximately 10 miles upstream from its mouth, and the Glacier River drainage upstream of its confluence with the Carmen Lake outlet are open to sport fishing, except for king salmon;

(17) in Symphony Lake,

(A) sport fishing is open from July 1 - May 1;

(B) the bag and possession limit for Arctic grayling is five fish, of which only one fish may be greater than 12 inches in length.

(b) Notwithstanding an annual limit established in this section for king salmon, the annual limit for king salmon in the combined waters of the Anchorage Bowl Drainages Area and the other areas in the Cook Inlet region that are open to sport fishing for king salmon under 5 AAC 56 - 5 AAC 62 is five king salmon 20 inches or greater in length, not more than two of which may be taken from that portion of the Kenai River drainage open to king salmon fishing, and not more than two of which may be taken, in combination, from Deep Creek and the Anchor River, except that from January 1 through June 30, a king salmon less than 28 inches in length taken from the Kenai River does not count towards the annual limit.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 10/1/2006, Register 179; am 11/12/2006, Register 180; am 3/2/2011, Register 197; am 6/12/2011, Register 198; am 2/23/2014, Register 209; am 6/8/2017, Register 222; am 6/21/2020, Register 234; am 6/8/2024, Register 250

5 AAC 59.124 Harvest record required; annual limits for the Anchorage Bowl Drainages Area {#sec-5-aac-59.124 omnilex-key=us-ak-regs-official--title-5--5 AAC 59.124}

Repealed.

History

Eff. 10/1/2006, Register 179; am 6/4/2008, Register 186; am 3/2/2011, Register 197; repealed 2/23/2014, Register 209

5 AAC 59.140 Freshwater guiding requirements in the Anchorage Bowl Drainages Area {#sec-5-aac-59.140 omnilex-key=us-ak-regs-official--title-5--5 AAC 59.140}

In the Anchorage Bowl Drainages Area, a person who is a sport fishing guide may not sport fish in waters open to sport fishing for king salmon 20 inches or greater in length while a client is present or within the guide's control or responsibility, except when guiding a client with a disability. For the purposes of this section, "disability" has the meaning given in 42 U.S.C. 12102(2)(A) and (C), as amended as of February 8, 1994.

History

Authority: AS 16.05.251
Eff. 10/1/2006, Register 179

5 AAC 59.175 Invasive Northern Pike Management Plan for the Anchorage Bowl Drainages Area {#sec-5-aac-59.175 omnilex-key=us-ak-regs-official--title-5--5 AAC 59.175}

The department shall manage invasive northern pike in the waters of the Anchorage Bowl Drainages Area to minimize the impacts on indigenous fish stocks and recreational fisheries. Waters containing invasive northern pike will be managed so that there is a reasonable expectation of high catch rates and harvesting daily bag limits. Notwithstanding any other provision of this chapter, the commissioner may, by emergency order, change bag and possession limits and alter method and means for northern pike to aid in control of invasive northern pike.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 6/12/2011, Register 198

5 AAC 59.180 Riparian Habitat Fishery Management Plan for the Anchorage Bowl Drainages Area {#sec-5-aac-59.180 omnilex-key=us-ak-regs-official--title-5--5 AAC 59.180}

(a) The Board of Fisheries (board) finds that freshwater fisheries in upper Cook Inlet, including the Anchorage Bowl Drainages Area, subject to access limitations of federal, state, and local landowners, are a recognized use of the fishery resources of upper Cook Inlet. The board also finds that, in some situations, freshwater fisheries are negatively impacting riparian habitats of upper Cook Inlet.

(c) If the commissioner determines that freshwater fisheries are likely to result in riparian habitat loss that could negatively affect the fishery resources of upper Cook Inlet, the commissioner may close, by emergency order, those riparian areas to fishing. This authority extends only to riparian areas in which there is a state, federal, or municipal property interest. The commissioner may reopen, by emergency order, those riparian areas to fishing if the commissioner determines that such openings will not compromise the integrity of the riparian habitats the emergency order is designed to protect. During seasons in areas opened by emergency order, fishing is only open at times selected by the commissioner at the commissioner's discretion, and fishing is only open from the following, selected at the commissioner's discretion:

(1) boats;

(2) boardwalks or similar structures;

(3) docks;

(4) gravel bars;

(5) natural formations identified by the commissioner;

(6) other areas identified by the commissioner as areas where use for fishing will not compromise the integrity of the habitat the closure is designed to protect.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 10/1/2006, Register 179

5 AAC 59.185 Special management areas for rainbow trout in the Anchorage Bowl Drainages Area {#sec-5-aac-59.185 omnilex-key=us-ak-regs-official--title-5--5 AAC 59.185}

(a) Unless otherwise specified in 5 AAC 59.120 and 5 AAC 59.122 or by an emergency order issued under AS 16.05.060, only one unbaited, single-hook, artificial lure may be used in the special management areas for rainbow trout described in (b) of this section.

(b) Rainbow trout catch-and-release special management areas are those waters managed to maintain historical size and age distributions. The rainbow trout catch-and-release special management area in the Anchorage Bowl Drainages Area is in that portion of Campbell Creek upstream from the forks at Piper Street.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 10/1/2006, Register 179

5 AAC 59.195 Criteria for establishing special management areas for Dolly Varden in the Anchorage Bowl Drainages Area {#sec-5-aac-59.195 omnilex-key=us-ak-regs-official--title-5--5 AAC 59.195}

(a) The Board of Fisheries (board) may consider proposals for regulations designating and dealing with special management areas for bodies of water in the Anchorage Bowl Drainages Area that would diversify sport fishing opportunity for populations of wild Dolly Varden, such as catch-and-release, fly-fishing-only, or trophy designation.

(b) In making determinations on regulatory proposals dealing with a special management area under (a) of this section, the board will consider the following criteria:

(2) history of quality fishing: a body of water that the public perceives as having provided quality Dolly Varden fishing will be preferred over a body of water that is not so perceived;

(4) legal access: a body of water with more than 50 percent of its uplands publicly owned or that is determined to be navigable will be preferred;

(7) clear geographical boundaries: a body of water with clearly distinguishable legal regulatory boundaries will be preferred;

(8) relative economic importance of the wild Dolly Varden fishery: a body of water with a Dolly Varden fishery of high economic value to the state will be preferred;

(10) special research or educational needs: the need for a body of water for special management research or educational reasons.

History

Authority: AS 16.05.251
Eff. 10/1/2006, Register 179

Chapter 60 Knik Arm Drainages Area

5 AAC 60.101 Application of this chapter {#sec-5-aac-60.101 omnilex-key=us-ak-regs-official--title-5--5 AAC 60.101}

The provisions of this chapter apply to sport fishing for finfish in the waters of the Knik Arm Drainages Area.

History

Authority: AS 16.05.251
Eff. 10/1/2006, Register 179

5 AAC 60.105 Description of the Knik Arm Drainages Area {#sec-5-aac-60.105 omnilex-key=us-ak-regs-official--title-5--5 AAC 60.105}

The Knik Arm Drainages Area consists of all freshwater drainages bounded on the north by the southern boundary of the Willow Creek drainage, on the west by a line one-half mile east of the Susitna River, on the south by Cook Inlet and Knik Arm, and on the east by the Upper Susitna River drainage upstream of it confluence with the Oshetna River.

History

Authority: AS 16.05.251
Eff. 10/1/2006, Register 179; am 6/8/2024, Register 250

5 AAC 60.120 General provisions for seasons, bag, possession, annual, and size limits, and methods and means for the Knik Arm Drainages Area {#sec-5-aac-60.120 omnilex-key=us-ak-regs-official--title-5--5 AAC 60.120}

Unless otherwise specified in 5 AAC 60.122 or by an emergency order issued under AS 16.05.060, the following are the general seasons, bag, possession, annual, and size limits, and methods and means that apply to sport fishing for finfish in the waters of the Knik Arm Drainages Area:

(1) king salmon

(A) 20 inches or greater in length may not be retained or possessed; the season is closed for king salmon 20 inches or greater in length; a king salmon 20 inches or greater in length that is caught must be released immediately; a person may not remove a king salmon from the water before releasing the fish;

(B) less than 20 inches in length

(i) may not be retained or possessed in flowing waters and unstocked lakes and ponds; king salmon less than 20 inches in length that are caught must be released immediately and returned to the water unharmed; a person may not remove a king salmon from the water before releasing the fish;

(ii) may be taken in stocked lakes and ponds from January 1 - December 31; bag and possession limit of 10 fish; for purposes of this sub-subparagraph "stocked lakes and ponds" has the meaning given in (3)(B) of this section;

(2) salmon, other than king salmon,

(A) 16 inches or greater in length may be taken from January 1 - December 31; bag and possession limit is three fish, of which no more than two per day and two in possession may be coho salmon; if retention of coho salmon is allowed under this chapter, a coho salmon 16 inches or greater in length that is removed from the water must be retained and becomes part of the bag limit of the person originally hooking it; a person may not remove a coho salmon from the water before releasing the fish;

(B) less than 16 inches in length may be taken from January 1 - December 31; bag and possession limit of 10 fish;

(3) rainbow/steelhead trout

(A) are subject to an annual limit of two fish 20 inches or greater in length, except that in stocked lakes, the annual limit is 10 fish 20 inches or greater in length; a harvest record is required as specified in 5 AAC 75.006; notwithstanding the annual limit established for rainbow/steelhead trout in this subparagraph, the annual limit for rainbow/steelhead trout in the combined waters of the Knik Arm Drainages Area and in the other areas in the Cook Inlet region that are open to sport fishing for rainbow/steelhead trout under 5 AAC 56 - 5 AAC 62 is two rainbow/steelhead trout 20 inches or greater in length, except that in stocked lakes the annual limit is 10 rainbow/steelhead trout 20 inches or greater in length;

(B) may be taken in stocked lakes and ponds from January 1 - December 31; bag and possession limit of five fish, of which only one may be 20 inches or greater in length; for the purposes of this subparagraph, "stocked lakes and ponds" include Anderson Lake, Barley Lake, Bear Paw Lake, Bench Lake, Beverly Lake, Big Beaver Lake, Brocker Lake, Bruce Lake, Buck Lake, Canoe Lake, Carpenter Lake, Coyote Lake, Dawn Lake, Diamond Lake, Echo Lake (Matanuska Lakes Complex), Farmer Lake, Finger Lake, Florence Lake, Golden Lake, Goober Lake, Homestead Lake, Honeybee Lake, Ida Lake, Irene Lake, Kepler/Bradley Lakes, Kings Lake, Klaire Lake, Kalmbach Lake, Knik Lake, Knob Lake, Lalen Lake, Leech Lake, Little Beaver Lake, Little Lonely Lake, Loberg (Junction) Lake, Long Lake (MP 86 Glenn Hwy), Loon Lake, Lorraine Lake, Lucile Lake, Lynne Lake, Marion Lake, Matanuska Lake, Meirs Lake, Memory Lake, Morvro Lake, North Knob Lake, North Rolly Lake, Prator Lake, Ravine Lake, Reed Lake, Reflections Lake, Rhein Lake, Rocky Lake, Ruby Lake, Rush Lake, Seventeenmile Lake, Seymour Lake, Slipper (Eska) Lake, South Rolly Lake, Summit Lake, Tanaina Lake, Twin Island Lake, Vera Lake, Victor Lake, Visnaw Lake, Walby Lake, Weiner Lake, West Beaver Lake, Wolf Lake, and Zero Lake;

(C) may be taken in unstocked lakes and ponds from January 1 - December 31; bag and possession limit of two fish, of which only one may be 20 inches or greater in length;

(D) in flowing waters north and west of the Little Susitna River, April 15 - June 14, no retention;

(4) Arctic char/Dolly Varden may be taken in

(A) flowing waters and unstocked lakes and ponds from January 1 - December 31; bag and possession limit of five fish, of which only one may be greater than 12 inches in length;

(B) stocked lakes and ponds from January 1 - December 31; bag and possession limit of five fish; no size limit; for the purpose of this subparagraph, "stocked lakes and ponds" has the meaning given in (3)(B) of this section;

(5) Arctic grayling may be taken in

(A) flowing waters and unstocked lakes and ponds from January 1 - December 31; bag and possession limit of two fish; no size limit;

(6) lake trout may be taken from January 1 - December 31; bag and possession limit of two fish; no size limit;

(A) all waters of this section by spear and bow and arrow;

(B) all waters of this section with two hooks per line when fishing through the ice and if both hooks are attached to the same single piece of bait;

(C) all waters east of the Susitna River, west of the Little Susitna River and south of the Enstar Gas Pipeline right-of-way (Figure Eight area lakes), Anna Lake, Beaverhouse Lake, Cow Lake, East Papoose Lake, Flathom Lake, Gerry Lake, Horseshoe Lake, Hourglass Lake, Loonsong Lake, Lynda Lake, Memory Lake, all Nancy Lake drainage lakes except Nancy Lake, Prator Lake, Sevenmile Lake, Stephan Lake, West Beaver Lake, West Horseshoe Lake, and West Papoose Lake with five lines through the ice; allowable gear is limited to standard ice fishing gear as specified in 5 AAC 61.110(8)(B); fishing gear must be closely attended as specified in 5 AAC 75.033; all other species of fish caught must be released immediately;

(8) burbot may be taken from January 1 - December 31; bag and possession limit of five fish; no size limit; in all waters, except those designated as special management areas for rainbow trout in 5 AAC 60.185, bait may be used for burbot fishing only if the gear specified in this paragraph is used; burbot may be taken with more than one line and hook only if

(A) the aggregate number of hooks does not exceed the daily bag limit for burbot in the waters being fished;

(B) the hooks are single hooks with a gap between the point and the shank at least three-fourths of an inch or larger;

(D) notwithstanding the 24-hour provision in 5 AAC 75.033, the angler remains with the fishing gear at all times;

(9) other finfish not specified in this subsection may be taken from January 1 - December 31; no bag, possession, or size limits.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 10/1/2006, Register 179; am 11/12/2006, Register 180; am 6/12/2011, Register 198; am 2/23/2014, Register 209; am 5/18/2014, Register 210; am 6/28/2019, Register 230; am 6/21/2020, Register 234; am 6/8/2024, Register 250

5 AAC 60.122 Special provisions for the seasons, bag, possession, annual, and size limits, and methods and means for the Knik Arm Drainages Area {#sec-5-aac-60.122 omnilex-key=us-ak-regs-official--title-5--5 AAC 60.122}

(a) Unless otherwise specified by an emergency order issued under AS 16.05.060, the following are localized additions and exceptions to the general seasons, bag, possession, annual, and size limits, and methods and means specified in 5 AAC 60.120 and 5 AAC 75 for the Knik Arm Drainages Area:

(1) from June 15 - April 14, the flowing waters of the Palmer-Wasilla Zone are open to sport fishing, except that northern pike and Alaska blackfish may be harvested from January 1 - December 31 using bow and arrow or spear; the Palmer-Wasilla Zone consists of all flowing waters inside a zone bounded on the north and west by the Little Susitna River, on the south by Cook Inlet and Knik Arm, and on the east by the Matanuska River and Moose Creek, but excluding the Little Susitna River, the Matanuska River, Moose Creek, and Goose Creek;

(2) the Bodenburg Creek drainage, including all waters within a 100-yard radius of its confluence with the Knik River, is closed to sport fishing for salmon;

(3) from July 1 - April 14, the outlet at Upper Bonnie Lake to the inlet of Lower Bonnie Lake is open to sport fishing;

(4) in the Cottonwood Creek drainage,

(A) from June 15 - April 14, from its mouth upstream to an ADF&G marker located one mile upstream from the Palmer Hayflat State Game Refuge access road, sport fishing is allowed only on Saturdays and Sundays from 5:00 a.m. to 10:00 p.m., except that sport fishing for king salmon is closed;

(B) the flowing waters upstream of an ADF&G regulatory marker located one mile upstream from the Palmer Hayflat State Game Refuge access road are closed to sport fishing for salmon;

(C) a person who takes a bag limit of salmon from Cottonwood Creek may not sport fish for any species of finfish that same day in waters open to sport fishing for salmon;

(D) all Cottonwood Creek drainage lakes are closed to sport fishing for salmon;

(E) repealed 6/21/2020;

(5) in the Fish Creek drainage,

(A) from its mouth, including all waters within a one-quarter mile radius of its confluence with Knik Arm at 61° 26.13' N. lat., 149° 46.14' W. long., upstream to an ADF&G regulatory marker located one-quarter mile upstream from the Knik-Goose Bay Road, are open to sport fishing from June 15 - July 14, and beginning the second Saturday in August through December 31 from 5:00 a.m. to 10:00 p.m., except that sport fishing for king salmon is closed;

(B) after taking a bag limit of salmon a person may not sport fish that same day in waters open to salmon fishing;

(C) the waters from an ADF&G regulatory marker located one-quarter mile upstream from the Knik-Goose Bay Road upstream to an ADF&G regulatory marker located one-quarter mile upstream of the Lewis Road Bridge are closed to sport fishing;

(D) the waters upstream of an ADF&G regulatory marker located one-quarter mile upstream of the Lewis Road Bridge, including Meadow Creek, are closed to sport fishing for salmon;

(E) Fish Creek drainage lakes, including Big Lake, are closed to sport fishing for salmon;

(F) in Big Lake, Mirror Lake, and Flat Lake,

(i) from November 1 - April 30, only one unbaited, single-hook, artificial lure may be used, except when fishing through the ice two lines may be used; if only one single hook is used on each line; a person may not place any substance in the water for the purpose of attracting fish by scent, including fish eggs in any form; natural or preserved animal, fish, shellfish, or insect parts; fish oil; natural or processed vegetable matter; and natural or synthetic chemicals.

(ii) from November 1 - March 15, from 8:00 a.m. to 5:00 p.m., five lines may be used to take northern pike through the ice; allowable gear is limited to standard ice fishing gear specified in 5 AAC 60.120(7)(B); only a single hook with a gap between the point and the shank that is three-fourths inch or larger may be used; each hook must be set above the bottom of the lake; only a whole and intact bait fish for which no seasonal or harvest limit exists as specified in 5 AAC 75.026(b) may be used as bait; fishing gear must be closely attended as specified in 5 AAC 75.033; all other species of fish caught must be released immediately and returned to the water unharmed;

(iii) from November 1 - March 14, the bag and possession limit for burbot is two fish, except that from March 15 - April 30, burbot may not be retained or possessed;

(G) Arctic char/Dolly Varden may not be retained or possessed;

(H) the waters from an ADF&G regulatory marker located at the mouth of Fish Creek to an ADF&G regulatory marker located approximately one-quarter mile upstream of the Knik Goose Bay Road, are open to sport fishing to a person under 16 years of age, from 5:00 a.m. to 10:00 p.m. on the first consecutive Saturday and Sunday in August;

(6) repealed 6/21/2020;

(7) Johnson Lake (near Palmer) is closed to all sport fishing;

(8) in the Knik River drainage, including Jim Creek and the Eklutna Tailrace, as follows:

(A) the Knik River within a 100-yard radius of its confluence with Bodenberg Creek is closed to sport fishing for salmon;

(B) Upper Jim Creek (upstream of Leaf Lake), Leaf Lake, Mud Lake, Jim Lake, and McRoberts Creek are closed to sport fishing for salmon;

(C) in the Eklutna Tailrace, the bag and possession limit for salmon, other than king salmon, 16 inches or greater in length is three fish, of which three may be coho salmon;

(D) in flowing waters from April 15 - June 15, rainbow/steelhead trout may not be retained or possessed; rainbow/steelhead trout caught must be released immediately and returned to the water unharmed;

(E) in the Eklutna Tailrace, and in the waters within a one-half mile radius and downstream a distance of two miles from its confluence with the Knik River, from January 1 - December 31, the bag and possession limit for king salmon 20 inches or greater in length is one fish; after taking a bag limit of one king salmon 20 inches or greater in length, a person may not sport fish for any species of finfish on that same day; bait is allowed; except as provided in (b) of this section, there is an annual limit of five king salmon 20 inches or greater in length and a harvest record is required as specified in 5 AAC 75.006;

(F) except as specified in (B) of this paragraph, in the Jim Creek drainage, downstream to the Knik River and continuing downstream on the Knik River to the boundary of the closed waters described in (A) of this paragraph, from January 1 - December 31, sport fishing is open for all finfish species except king salmon, except that

(i) from August 1 - December 31, sport fishing is only open from 5:00 a.m. to 10:00 p.m. daily, and is closed on Mondays and Tuesdays; and

(ii) after taking a bag limit of salmon, a person may not sport fish for the remainder of that day in waters open to sport fishing for salmon;

(G) a person 16 years of age or older may not sport fish in the Eklutna Tailrace youth fishery zone, established by ADF&G regulatory markers to include a portion of the Eklutna Tailrace between the confluence with the Knik River and upstream to the Pedestrian Bridge, during designated youth fishery days, which occur from 6:00 a.m. until 6:00 p.m. on the third Saturday in June and from 6:00 a.m. until 6:00 p.m. on the third Saturday in August;

(9) in the Little Susitna River drainage,

(A) from January 1 - July 13, in flowing waters from its mouth upstream to the Parks Highway, sport fishing is open for king salmon with a bag and possession limit of one king salmon 20 inches or greater in length; except as provided in (b) of this section, there is an annual limit of five king salmon 20 inches or greater in length and a harvest record is required as specified in 5 AAC 75.006;

(B) from October 1 - August 5, in the flowing waters from its mouth upstream to the Parks Highway, only unbaited, artificial lures may be used;

(C) from April 15 - June 14, in the flowing waters from its mouth upstream to the Parks Highway, rainbow/steelhead trout may not be retained or possessed; rainbow/steelhead trout caught must be released immediately and returned to the water unharmed;

(D) from May 15 - July 13, in waters open to sport fishing for king salmon, fishing is not allowed from 11:00 p.m. to 6:00 a.m.;

(E) in waters open to sport fishing for king salmon, a person may not sport fish for any species of fish on the same day after taking and retaining a king salmon 20 inches or greater in length;

(F) a person, after taking a bag limit of salmon, other than king salmon, 16 inches or greater in length from the Little Susitna River, may not sport fish that same day for any species of fish in waters open to sport fishing for salmon on the Little Susitna River;

(G) from June 15 - April 14, the flowing waters upstream of the Parks Highway are open to sport fishing, except for salmon;

(H) the flowing waters upstream of the Parks Highway are closed to sport fishing for salmon;

(I) repealed 6/12/2011;

(J) in flowing waters upstream of the Parks Highway, only one unbaited, single-hook, artificial lure may be used;

(K) the Nancy Lake Creek drainage upstream of an ADF&G regulatory marker located approximately one-quarter mile upstream of its confluence with the Little Susitna River is closed to sport fishing for salmon;

(L) a person may not sport fish from a boat that is powered by use of a motor unless the motor is a four-stroke motor or a direct fuel injection two-stroke motor;

(M) the waters from ADF&G regulatory markers approximately 1,500 feet downstream of the Little Susitna weir upstream to the weir are closed to sport fishing;

(10) in Nancy Lake Recreation Area Lakes, as follows:

(A) Nancy Lake is closed to sport fishing for burbot;

(B) repealed 6/21/2020;

(C) in Nancy Lake, from November 1 - March 15, from 8:00 a.m. to 5:00 p.m., five lines may be used to take northern pike through the ice; allowable gear is limited to standard ice fishing gear specified in 5 AAC 60.120(7)(B); only a single hook with a gap between the point and the shank that is three-fourths inch or larger may be used; each hook must be set above the bottom of the lake; only a whole and intact bait fish for which no seasonal or harvest limit exists as specified in 5 AAC 75.026(b) may be used as bait; fishing gear must be closely attended as specified in 5 AAC 75.033; all other species of fish caught must be released immediately and returned to the water unharmed;

(11) the Wasilla Creek drainage, including Rabbit Slough,

(A) repealed 6/8/2017;

(B) except as provided in (D) of this paragraph, is closed to sport fishing for salmon;

(D) from June 15 - April 14, downstream of the Alaska Railroad Bridge is open to sport fishing for salmon, except king salmon, only on Saturdays and Sundays from 5:00 a.m. to 10:00 p.m.; bag and possession limit of three fish, of which only two may be coho salmon; a person who takes the bag limit of salmon from Wasilla Creek may not sport fish for any species of fish that same day in waters open to sport fishing for salmon;

(12) in Wishbone Lake (near Sutton) and Long Lake (Kepler-Bradley Complex)

(A) sport fishing is open from May 1 - October 31; only one unbaited, single-hook, artificial lure may be used;

(B) rainbow/steelhead trout may not be retained or possessed; rainbow/steelhead trout caught must be released immediately and returned to the water unharmed;

(13) the Wolverine Lake drainage (near Palmer) from its confluence with Wolverine Creek upstream to and including Wolverine Lake is open to sport fishing from June 15 - April 14;

(14) repealed 6/21/2020.

(b) Notwithstanding an annual limit established in this section for king salmon, the annual limit for king salmon in the combined waters of the Knik Arm Drainages Area and the other areas in the Cook Inlet region that are open to sport fishing for king salmon under 5 AAC 56 - 5 AAC 62 is five king salmon 20 inches or greater in length, not more than two of which may be taken from that portion of the Kenai River drainage open to king salmon fishing, and not more than two of which maybe taken, in combination, from Deep Creek and the Anchor River, except that from January 1 through June 30, a king salmon less than 28 inches in length taken from the Kenai River does not count towards the annual limit.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 10/1/2006, Register 179; am 11/12/2006, Register 180; am 6/4/2008, Register 186; am 6/12/2011, Register 198; am 2/23/2014, Register 209; am 5/18/2014, Register 210; am 6/8/2017, Register 222; am 6/17/2018, Register 226; am 6/21/2020, Register 234; am 6/8/2024, Register 250

5 AAC 60.124 Harvest record required; annual limits for the Knik Arm Drainages Area {#sec-5-aac-60.124 omnilex-key=us-ak-regs-official--title-5--5 AAC 60.124}

Repealed.

History

Eff. 10/1/2006, Register 179; am 11/12/2006, Register 180; am 6/4/2008, Register 186; am 3/2/2011, Register 197; repealed 2/23/2014, Register 209

5 AAC 60.140 Freshwater guiding requirements for the Knik Arm Drainages Area {#sec-5-aac-60.140 omnilex-key=us-ak-regs-official--title-5--5 AAC 60.140}

In the Knik Arm Drainages Area, a person who is a sport fishing guide may not sport fish in waters open to sport fishing for king salmon 20 inches or greater in length while a client is present or within the guide's control or responsibility, except when guiding a client with a disability. For the purposes of this section, "disability" has the meaning given in 42 U.S.C. 12102(2)(A) and (C), as amended as of February 8, 1994.

History

Authority: AS 16.05.251
Eff. 10/1/2006, Register 179

5 AAC 60.170 Little Susitna River Coho Salmon Management Plan {#sec-5-aac-60.170 omnilex-key=us-ak-regs-official--title-5--5 AAC 60.170}

Repealed.

History

Eff. 10/1/2006, Register 179; repealed 6/12/2011, Register 198

5 AAC 60.175 Invasive Northern Pike Management Plan for the Knik Arm Drainages Area {#sec-5-aac-60.175 omnilex-key=us-ak-regs-official--title-5--5 AAC 60.175}

The department shall manage invasive northern pike in the waters of the Knik Arm Drainages Area to minimize the impacts on indigenous fish stocks and recreational fisheries. Waters containing invasive northern pike will be managed so that there is a reasonable expectation of high catch rates and harvesting daily bag limits. Notwithstanding any other provision of this chapter, the commissioner may, by emergency order, change bag and possession limits and alter method and means for northern pike to aid in control of invasive northern pike.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 6/12/2011, Register 198

5 AAC 60.180 Riparian Habitat Fishery Management Plan for the Knik Arm Drainages Area {#sec-5-aac-60.180 omnilex-key=us-ak-regs-official--title-5--5 AAC 60.180}

(a) The Board of Fisheries (board) finds that freshwater fisheries in upper Cook Inlet, including the Knik Arm Drainages Area, subject to access limitations of federal, state, and local landowners, are a recognized use of the fishery resources of upper Cook Inlet. The board also finds that, in some situations, freshwater fisheries are negatively impacting riparian habitats of upper Cook Inlet.

(c) If the commissioner determines that freshwater fisheries are likely to result in riparian habitat loss that could negatively affect the fishery resources of upper Cook Inlet, the commissioner may close, by emergency order, those riparian areas to fishing. This authority extends only to riparian areas in which there is a state, federal, or municipal property interest. The commissioner may reopen, by emergency order, those riparian areas to fishing if the commissioner determines that such openings will not compromise the integrity of the riparian habitats the emergency order is designed to protect. During seasons in areas opened by emergency order, fishing is only open at times selected by the commissioner at the commissioner's discretion, and fishing is only open from the following, selected at the commissioner's discretion:

(1) boats;

(2) boardwalks or similar structures;

(3) docks;

(4) gravel bars;

(5) natural formations identified by the commissioner;

(6) other areas identified by the commissioner as areas where use for fishing will not compromise the integrity of the habitat the closure is designed to protect.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 10/1/2006, Register 179

5 AAC 60.185 Special management areas for rainbow trout in the Knik Arm Drainages Area {#sec-5-aac-60.185 omnilex-key=us-ak-regs-official--title-5--5 AAC 60.185}

(a) Unless otherwise specified in 5 AAC 60.120 and 5 AAC 61.122 or by an emergency order issued under AS 16.05.060, only one unbaited, single-hook, artificial lure may be used in the special management areas for rainbow trout described in (b) of this section.

(b) Rainbow trout catch-and-release special management areas are those waters managed to maintain historical size and age distributions. The rainbow trout catch-and-release special management areas in the Knik Arm Drainages Area are Long (Kepler-Bradley Complex) and Wishbone Lakes.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 10/1/2006, Register 179

5 AAC 60.195 Criteria for establishing special management areas for Dolly Varden in the Knik Arm Drainages Area {#sec-5-aac-60.195 omnilex-key=us-ak-regs-official--title-5--5 AAC 60.195}

(a) The Board of Fisheries (board) may consider proposals for regulations designating and dealing with special management areas for bodies of water in the Knik Arm Drainages Area that would diversify sport fishing opportunity for populations of wild Dolly Varden, such as catch-and-release, fly-fishing-only, or trophy designation.

(b) In making determinations on regulatory proposals dealing with a special management area under (a) of this section, the board will consider the following criteria:

(2) history of quality fishing: a body of water that the public perceives as having provided quality Dolly Varden fishing will be preferred over a body of water that is not so perceived;

(4) legal access: a body of water with more than 50 percent of its uplands publicly owned or that is determined to be navigable will be preferred;

(7) clear geographical boundaries: a body of water with clearly distinguishable legal regulatory boundaries will be preferred;

(8) relative economic importance of the wild Dolly Varden fishery: a body of water with a Dolly Varden fishery of high economic value to the state will be preferred;

(10) special research or educational needs: the need for a body of water for special management research or educational reasons.

History

Authority: AS 16.05.251
Eff. 10/1/2006, Register 179

Chapter 61 Susitna River Drainage Area

5 AAC 61.001 Application of this chapter {#sec-5-aac-61.001 omnilex-key=us-ak-regs-official--title-5--5 AAC 61.001}

Repealed.

History

Eff. 4/14/93, Register 126; am 4/18/97, Register 142; repealed 2/25/98, Register 145

5 AAC 61.020 Code key for bag limits, possession limits, and size limits {#sec-5-aac-61.020 omnilex-key=us-ak-regs-official--title-5--5 AAC 61.020}

Repealed.

5 AAC 61.022 Waters; seasons; bag, possession, and size limits; and special provisions for the Susitna - West Cook Inlet Area {#sec-5-aac-61.022 omnilex-key=us-ak-regs-official--title-5--5 AAC 61.022}

Repealed.

History

Eff. 2/25/98, Register 145; am 3/28/98, Register 145; am 3/21/99, Register 149; am 6/13/99, Register 150; am 5/18/2000, Register 154; am 3/11/2001, Register 157; am 6/22/2002, Register 162; am 12/1/2004, Register 172; am 6/11/2005, Register 174; am 6/22/2005, Register 174; repealed 10/1/2006, Register 179

5 AAC 61.024 Harvest record required; annual limits {#sec-5-aac-61.024 omnilex-key=us-ak-regs-official--title-5--5 AAC 61.024}

Repealed.

History

Eff. 2/25/98, Register 145; am 6/13/99, Register 150; am 6/22/2002, Register 162; am 6/11/2005, Register 174; repealed 10/1/2006, Register 179

5 AAC 61.025 Special management areas for rainbow trout {#sec-5-aac-61.025 omnilex-key=us-ak-regs-official--title-5--5 AAC 61.025}

Repealed.

History

Eff. 2/25/98, Register 145; am 3/21/99, Register 149; am 6/22/2002, Register 162; repealed 12/2/2006, Register 180

5 AAC 61.030 Methods, means, and general provisions - Finfish {#sec-5-aac-61.030 omnilex-key=us-ak-regs-official--title-5--5 AAC 61.030}

Repealed.

History

Eff. 2/25/98, Register 145; am 3/21/99, Register 149; am 6/13/99, Register 150; am 6/22/2002, Register 162; am 10/19/2002, Register 164; am 3/13/2004, Register 169; am 6/11/2005, Register 174; repealed 10/1/2006, Register 179

5 AAC 61.035 Methods and means {#sec-5-aac-61.035 omnilex-key=us-ak-regs-official--title-5--5 AAC 61.035}

Repealed.

5 AAC 61.036 Freshwater guiding requirements {#sec-5-aac-61.036 omnilex-key=us-ak-regs-official--title-5--5 AAC 61.036}

Repealed.

History

Eff. 7/21/91, Register 119; am 4/14/93, Register 126; am 5/13/95, Register 134; am 6/13/99, Register 150; am 6/22/2002, Register 162; am 2/13/2005, Register 173; repealed 10/1/2006, Register 179

5 AAC 61.040 Fly-fishing-only water {#sec-5-aac-61.040 omnilex-key=us-ak-regs-official--title-5--5 AAC 61.040}

Repealed.

History

Eff. 6/10/89, Register 110; repealed 2/25/98, Register 145

5 AAC 61.045 Single-hook waters {#sec-5-aac-61.045 omnilex-key=us-ak-regs-official--title-5--5 AAC 61.045}

Repealed 5/11/85.

5 AAC 61.050 Waters closed to sport fishing {#sec-5-aac-61.050 omnilex-key=us-ak-regs-official--title-5--5 AAC 61.050}

Repealed.

5 AAC 61.060 Little Susitna River Coho Salmon Management Plan {#sec-5-aac-61.060 omnilex-key=us-ak-regs-official--title-5--5 AAC 61.060}

Repealed.

History

Eff. 7/21/91, Register 119; am 4/14/93, Register 126; am 4/18/97, Register 142; am 6/13/99, Register 150; am 3/11/2001, Register 157; am 6/22/2002, Register 162; repealed 10/1/2006, Register 179

5 AAC 61.065 Riparian Habitat Fishery Management Plan {#sec-5-aac-61.065 omnilex-key=us-ak-regs-official--title-5--5 AAC 61.065}

5 AAC 61.101. Application of this chapter.

The provisions of this chapter apply to sport fishing for finfish in the waters of the Susitna River Drainage Area.

History

Eff. 5/22/96, Register 138; am 2/25/98, Register 145; repealed 10/1/2006, Register 179

5 AAC 61.105 Description of the Susitna River Drainage Area {#sec-5-aac-61.105 omnilex-key=us-ak-regs-official--title-5--5 AAC 61.105}

The Susitna River Drainage Area consists of the Susitna River and all fresh water drainages that flow into the Susitna River, excluding the upper Susitna River drainage upstream of its confluence with the Oshetna River.

History

Authority: AS 16.05.251
Eff. 10/1/2006, Register 179

5 AAC 61.106 Description of Susitna River Drainage Area units {#sec-5-aac-61.106 omnilex-key=us-ak-regs-official--title-5--5 AAC 61.106}

The following are the sport fishing units of the Susitna River Drainage Area:

(1) Unit 1: waters of the Susitna River from its mouth upstream to the confluence of the Deshka River and westside tributaries to that portion of the Susitna River including the Alexander Creek drainage and the Deshka River drainage, but excluding the Yentna River drainage and all eastside water within one-half mile of the Susitna River;

(2) Unit 2: waters of the Susitna River drainage from its confluence with the Deshka River, upstream to its confluence with the Talkeetna River, excluding the Talkeetna River;

(3) Unit 3: waters of the Susitna River drainage from its confluence with Talkeetna River upstream to its confluence with the Oshetna River, including the Oshetna River drainage but excluding the Chulitna River drainage;

(4) Unit 4: flowing waters, lakes, and ponds of the Yentna River drainage;

(5) Unit 5: flowing waters, lakes, and ponds of the Talkeetna River drainage;

(6) Unit 6: flowing waters, lakes, and ponds of the Chulitna River drainage.

History

Authority: AS 16.05.251
Eff. 10/1/2006, Register 179

5 AAC 61.110 General provisions for seasons, bag, possession, annual, and size limits, and methods and means for the Susitna River Drainage Area {#sec-5-aac-61.110 omnilex-key=us-ak-regs-official--title-5--5 AAC 61.110}

(a) Unless otherwise specified in 5 AAC 61.112 - 5 AAC 61.123 or by emergency order issued under AS 16.05.060, the following are the general seasons, bag, possession, annual, and size limits, and methods and means for the Susitna River Drainage Area:

(1) king salmon

(A) 20 inches or greater in length may be taken only from January 1 - July 13; bag and possession limit is one fish; except as provided in (b) of this section, there is an annual limit of five king salmon 20 inches or greater in length and a harvest record is required, as specified in 5 AAC 75.006; a king salmon 20 inches or greater in length removed from the water shall be retained and becomes part of the bag limit of the person originally hooking it; a person may not remove a king salmon from the water before releasing the fish;

(B) less than 20 inches in length

(i) may be taken from January 1 - July 13 in flowing waters and unstocked lakes and ponds; bag and possession limit of 10 fish; a person may not remove a king salmon from the water before releasing the fish;

(ii) may be taken from January 1 - December 31 in stocked lakes and ponds; bag and possession limit of 10 fish; a person may not remove a king salmon from the water before releasing the fish; for the purposes of this sub-subparagraph, "stocked lakes and ponds" has the same meaning given in (3)(D) of this section;

(2) salmon, other than king salmon,

(A) 16 inches or greater in length may be taken from January 1 - December 31; bag and possession limit for chum, sockeye, and coho salmon is three fish, of which no more than two per day, two in possession may be coho salmon; if retention of coho salmon is allowed under this chapter, a coho salmon 16 inches or greater in length that is removed from the water must be retained and becomes part of the bag limit of the person that originally hooked it; a person may not remove a coho salmon from the water before releasing the fish; the commissioner may by emergency order increase or decrease the bag and possession limit for coho salmon based on abundance indices;

(B) 16 inches or greater in length may be taken from January 1 - December 31; bag and possession limit for pink salmon is six fish;

(3) rainbow/steelhead trout

(A) are subject to an annual limit of two fish 20 inches or greater in length, except that in stocked lakes the annual limit is 10 fish, 20 inches or greater in length; a harvest record is required as specified in 5 AAC 75.006;

(B) may be taken in flowing waters from June 15 - April 14; bag and possession limit of two fish, of which only one may be 20 inches or greater in length;

(D) may be taken in stocked lakes and ponds from January 1 - December 31; bag and possession limit of five fish, of which only one may be 20 inches or greater in length; the annual limit for rainbow/steelhead trout 20 inches or greater in length is 10 fish, and a harvest record is required as specified in 5 AAC 75.006; for the purposes of this subparagraph, "stocked lakes and ponds" include Benka Lake, Christiansen Lake, Crystal Lake, Gate Lake, Kashwitna Lake, North Friend Lake, South Friend Lake, Tigger Lake, West Sunshine Lake, Willow Lake, Y Lake, Mile 180 Lake (Broad Pass Lake), and Peggy Lake;

(E) may be taken in unstocked lakes and ponds from January 1 - December 31; bag and possession limit of two fish, of which only one may be 20 inches or greater in length;

(4) Arctic char/Dolly Varden may be taken in

(A) flowing waters and unstocked lakes and ponds from January 1 - December 31; bag and possession limit of five fish, of which only one may be greater than 12 inches in length;

(B) stocked lakes and ponds from January 1 - December 31; bag and possession limit of five fish; no size limit; for purposes of this subparagraph, "stocked lakes and ponds" has the meaning given in (3)(D) of this section;

(5) Arctic grayling may be taken in

(A) flowing waters and unstocked lakes and ponds from January 1 - December 31; bag and possession limit of two fish; no size limit;

(6) lake trout may be taken from January 1 - December 31; bag and possession limit of two fish; no size limit;

(7) burbot may be taken from January 1 - December 31; bag and possession limit of five fish; no size limit; in all waters, except those designated as special management areas for rainbow trout in 5 AAC 61.185, bait may be used for burbot fishing only if the gear specified in this paragraph is used; burbot may be taken with more than one line and hook only if

(A) the aggregate number of hooks does not exceed the daily bag limit for burbot in the waters being fished;

(B) the hooks are single hooks with a gap between the point and the shank at least three-fourths of an inch or larger;

(D) in all flowing waters of the Susitna and Yentna Rivers, each line is closely attended by the angler as specified in 5 AAC 75.033;

(8) northern pike may be taken from January 1 - December 31; no bag, possession, or size limit; a northern pike caught may not be released back into the water alive; notwithstanding 5 AAC 75.065, under this section there are no restrictions on the use or disposal of sport-caught northern pike; northern pike may be taken in

(A) all lakes by spear and bow and arrow;

(B) all lakes, with two hooks per line when fishing through the ice and if both hooks are attached to the same single piece of bait;

(C) Alexander Creek, Bulchitna Lake, Eightmile Lake, Fish Creek (lower Susitna River drainage), Fish Creek (Kroto Slough), Indian Creek, Witsoe Creek, and in Alexander Lake, Amber Lake, Crystal Lake, Donkey Lake, Fish Lakes, Hewitt Lake, Kroto Lakes, Lady Slipper Lake, Little Bulchitna Lake, Lockwood Lakes, Long Lake, Neil Lake, No Name (Cabin) Lake, Onestone Lakes, Parker Lake, Scotty Lake, Shell Lake, Shirley Lake, Sucker Lake, Trail Lake, Trapper Lake, Upper and Lower Vern Lakes, Whitsol Lake, and Whiskey Lake, with five lines through the ice; allowable gear is limited to standard ice fishing gear as specified in 5 AAC 61.110(8)(B); fishing gear must be closely attended as specified in 5 AAC 75.033; all other species of fish caught must be released immediately;

(9) other finfish not specified in this subsection may be taken from January 1 - December 31; no bag, possession, or size limits.

(b) Notwithstanding an annual limit established in this section for

(1) king salmon, the annual limit for king salmon in the combined waters of the Susitna River Drainage Area and the other areas in the Cook Inlet region that are open to sport fishing for king salmon under 5 AAC 56 - 5 AAC 62 is five king salmon 20 inches or greater in length, not more than two of which may be taken from that portion of the Kenai River drainage open to king salmon fishing, and not more than two of which may be taken, in combination, from Deep Creek and the Anchor River, except that from January 1 through June 30, a king salmon less than 28 inches in length taken from the Kenai River does not count towards the annual limit;

(2) rainbow/steelhead trout, the annual limit for rainbow/steelhead trout in the combined waters of the Susitna River Drainage Area and the other areas in the Cook Inlet region that are open to sport fishing for rainbow/steelhead trout under 5 AAC 56 - 5 AAC 62 is two rainbow/steelhead trout 20 inches or greater in length, except that in stocked lakes the annual limit is 10 rainbow/steelhead trout 20 inches or greater in length.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 10/1/2006, Register 179; am 6/12/2011, Register 198; am 2/23/2014, Register 209; am 6/28/2019, Register 230; am 6/21/2020, Register 234; am 6/8/2024, Register 250

5 AAC 61.112 Special provisions for the seasons, bag, possession, and size limits, and methods and means for Unit 1 of the Susitna River Drainage Area {#sec-5-aac-61.112 omnilex-key=us-ak-regs-official--title-5--5 AAC 61.112}

Unless otherwise specified by an emergency order issued under AS 16.05.060, the following are localized additions and exceptions to the general seasons, bag, possession, and size limits, and methods and means to the general provisions specified in 5 AAC 61.110 and 5 AAC 75 for Unit 1 of the Susitna River Drainage Area:

(1) from September 1 - July 13, in flowing waters only unbaited, artificial lures may be used;

(2) in waters open to sport fishing for king salmon, from May 15 - July 13, sport fishing for any finfish species is closed from 11:00 p.m. to 6:00 a.m.;

(3) except in Alexander Creek, the bag and possession limit for salmon, other than king salmon, 16 inches or greater in length is three fish per day with six in possession; after taking a bag limit of three salmon 16 inches or greater in length, a person may not sport fish for salmon on that same day;

(4) except in the Alexander Creek drainage, the bag and possession limit for king salmon 20 inches or greater in length is one per day and two in possession;

(5) in the Alexander Creek drainage, and all waters within a one-half mile radius of the confluence of Alexander Creek with the Susitna River,

(A) sport fishing for king salmon is closed from January 1 - December 31;

(B) repealed 6/4/2008;

(C) in flowing waters upstream of ADF&G regulatory markers located approximately 400 yards upstream of Trail Creek, only one unbaited, single-hook, artificial lure may be used;

(D) in flowing waters, rainbow/steelhead trout, Arctic char/Dolly Varden, and Arctic grayling may not be retained or possessed;

(E) repealed 6/12/2011;

(F) repealed 6/12/2011;

(G) repealed 6/21/2020;

(H) from May 1 - July 13, sport fishing is closed within a one-half mile radius of the confluence of Alexander Creek and the Susitna River;

(6) in the Deshka River drainage, including Trapper Lake,

(A) in flowing waters upstream of the Moose/Kroto Creeks, from January 1 - December 31, only one unbaited, single-hook, artificial lure may be used; in all other flowing waters from September 1 - July 13 only unbaited, artificial lures may be used;

(B) from its mouth upstream to ADF&G regulatory markers near Chijuk Creek (river mile 17), and in all waters within a one-half mile radius of its confluence with the Susitna River, king salmon may be taken from January 1 - July 13; from September 1 - May 31, only unbaited, artificial lures may be used; from June 1 - August 31, bait may be used; the remainder of the drainage is closed from January 1 - December 31 to sport fishing for king salmon;

(C) after taking and retaining a king salmon 20 inches or greater in length, a person may not sport fish for king salmon on that same day;

(D) in flowing waters upstream of the Moose/Kroto Creeks, rainbow/steelhead trout may not be retained or possessed; rainbow/steelhead trout caught must be released immediately and returned to the water unharmed;

(E) repealed 6/21/2020;

(7) repealed 6/21/2020.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 10/1/2006, Register 179; am 11/12/2006, Register 180; am 6/4/2008, Register 186; am 6/21/2009, Register 190; am 6/12/2011, Register 198; am 5/18/2014, Register 210; am 6/21/2020, Register 234

5 AAC 61.114 Special provisions for the seasons, bag, possession, and size limits, and methods and means for Unit 2 of the Susitna River Drainage Area {#sec-5-aac-61.114 omnilex-key=us-ak-regs-official--title-5--5 AAC 61.114}

Unless otherwise specified by an emergency order issued under AS 16.05.060, the following are localized additions and exceptions to the general seasons, bag, possession, and size limits, and methods and means specified in 5 AAC 61.110 and 5 AAC 75 for Unit 2 of the Susitna River Drainage Area:

(1) from January 1 through July 13, Unit 2 is open to sport fishing for all finfish species, except for king salmon; sport fishing for king salmon is open through the third Monday in June, and on Saturday, Sunday, and Monday for two consecutive weeks starting on the Saturday following the third Monday in June;

(2) from July 14 - December 31, Unit 2 is open to sport fishing for all finfish species, except king salmon;

(3) in flowing waters only one unbaited, single-hook, artificial lure may be used from September 1 - May 31 and from June 1 - July 13, only unbaited, artificial lures may be used;

(4) after taking and retaining a king salmon 20 inches or greater in length, a person may not sport fish for any species of fish in any water open to king salmon fishing during that same day;

(5) in the Birch Creek drainage,

(A) the waters upstream from an ADF&G regulatory marker located one-quarter mile upstream from its mouth are open to sport fishing, except for salmon;

(B) in flowing waters upstream from an ADF&G regulatory marker located one-quarter mile upstream from its mouth, only one unbaited, single-hook, artificial lure may be used;

(6) in the Caswell, Little Willow, and Sheep Creek drainages,

(A) the waters upstream of the Parks Highway are open to sport fishing, except for king salmon;

(B) upstream of the Parks Highway only one unbaited, single-hook, artificial lure may be used;

(7) in the Greys Creek drainage,

(A) from April 15 - June 14, the waters upstream from an ADF&G regulatory marker located one-quarter mile upstream from its mouth are closed to all sport fishing; from January 1 - December 31, the same waters are closed to sport fishing for salmon;

(B) upstream from the Parks Highway only one unbaited, single-hook, artificial lure may be used;

(8) in the Rabideux, Sunshine, and Trapper Creek drainages,

(A) the waters upstream from ADF&G regulatory markers located one-quarter mile upstream from their mouths are open to sport fishing, except for king salmon;

(B) in all flowing waters of Rabideux Creek upstream of the Parks Highway only one unbaited, single-hook, artificial lure may be used;

(C) in all flowing waters of Sunshine Creek drainage more than one-quarter mile upstream from its mouth only one unbaited, single-hook, artificial lure may be used;

(D) in all flowing waters of Trapper Creek upstream of the Susitna River Road, only one unbaited, single-hook, artificial lure may be used;

(9) in the Kashwitna River drainage,

(A) the waters upstream of the Alaska Railroad Bridge are open to sport fishing for all finfish species, except king salmon;

(B) in the North Fork of the Kashwitna River and all waters within one quarter-mile radius of its confluence with the Kashwitna River, only one unbaited, single-hook, artificial lure may be used;

(C) in the North Fork of the Kashwitna River and all waters within one quarter-mile radius of its confluence with the Kashwitna River rainbow/steelhead trout may not be retained; rainbow/steelhead trout caught must be released immediately and returned to the water unharmed;

(10) in the Montana Creek drainage and all flowing waters within one-half mile radius of its confluence with the Susitna River,

(A) rainbow/steelhead trout and Arctic grayling may not be retained or possessed; rainbow/steelhead trout and Arctic grayling caught must be released immediately and returned to the water unharmed;

(B) upstream of the Parks Highway only one unbaited, single-hook, artificial lure may be used;

(C) the waters upstream of an ADF&G regulatory marker located one-half mile above the Parks Highway are open to sport fishing, except for salmon;

(11) in the Willow Creek drainage flowing waters and all waters within a one-half mile radius of its confluence with the Susitna River,

(A) Arctic grayling may not be retained or possessed; Arctic grayling caught must be released immediately and returned to the water unharmed;

(B) from the confluence with the Susitna River upstream to the Parks Highway, rainbow/steelhead trout may not be retained or possessed; rainbow/steelhead trout caught must be released immediately and returned to the water unharmed;

(C) from June 15 - April 14, upstream of the Parks Highway Bridge, the rainbow/steelhead trout bag and possession limit is one fish less than 16 inches in length; from April 15 - June 14, rainbow/steelhead trout may not be retained; rainbow/steelhead trout caught must be released immediately and returned to the water unharmed;

(D) upstream of an ADF&G regulatory marker one-half mile upstream from its mouth only one unbaited, single-hook, artificial lure may be used;

(E) the waters from the Parks Highway upstream to its confluence with Deception Creek are open to sport fishing, except for king salmon;

(F) the waters from its confluence with Deception Creek upstream are open to sport fishing, except for salmon;

(G) from April 15 - June 14, the Deception Creek drainage is closed to sport fishing;

(H) Deception Creek is closed to sport fishing for salmon;

(I) from May 1 - July 13, sport fishing from a boat for any species is prohibited in the portion of the Susitna River from an ADF&G regulatory marker located at the mouth of Willow Creek on the upstream bank of the furthest downstream confluence of Willow Creek and the Susitna River, to an ADF&G regulatory marker located approximately 300 yards downstream from the mouth of Willow Creek;

(12) in the Willow Creek drainage lakes (Crystal, Shirley, Long, Rainbow, and Willow Lakes),

(A) except as otherwise specified in this paragraph, the lakes are open to sport fishing;

(B) the lakes are closed to sport fishing for salmon;

(D) in Crystal and Willow Lakes, the bag and possession limit for rainbow/steelhead trout is five fish, of which only one may be 20 inches or greater in length;

(E) in Shirley, Long, and Rainbow Lakes, the bag and possession limit for rainbow/steelhead trout is two fish, of which only one may be 20 inches or greater in length;

(F) repealed 6/21/2020;

(13) in X Lake,

(A) from May 1 - October 31, the sport fishing season is open;

(B) only one unbaited, single-hook, artificial lure may be used;

(C) rainbow/steelhead trout may not be retained or possessed; rainbow/steelhead trout caught must be released immediately and returned to the water unharmed;

(14) in the Goose Creek drainage,

(A) sport fishing for king salmon is closed;

(B) in the waters upstream of the Parks Highway

(i) sport fishing is open, except for king salmon;

(ii) only one unbaited, single-hook, artificial lure may be used;

(15) from May 15 - July 13, in waters open to sport fishing for king salmon, sport fishing is not allowed from 11:00 p.m. to 6:00 a.m.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 10/1/2006, Register 179; am 6/4/2008, Register 186; am 6/12/2011, Register 198; am 6/21/2020, Register 234

5 AAC 61.116 Special provisions for the seasons, bag, possession, and size limits, and methods and means for Unit 3 of the Susitna River Drainage Area {#sec-5-aac-61.116 omnilex-key=us-ak-regs-official--title-5--5 AAC 61.116}

Unless otherwise specified by an emergency order issued under AS 16.05.060, the following are localized additions and exceptions to the general seasons, bag, possession, and size limits and methods and means in 5 AAC 61.110 and 5 AAC 75 for Unit 3 of the Susitna River Drainage Area:

(1) in flowing waters only one unbaited, single-hook, artificial lure may be used;

(2) from May 15 - July 13, in waters open to sport fishing for king salmon, sport fishing is not allowed from 11:00 p.m. to 6:00 a.m.;

(3) from June 15 - April 14, in flowing waters upstream to and including Devils Canyon, the bag and possession for rainbow/steelhead trout is one fish per day 20 inches or greater in length;

(4) from April 15 - June 14, in flowing waters rainbow/steelhead trout may not be retained; rainbow/steelhead trout caught must be released immediately and returned to the water unharmed;

(5) in Clarence Lake, the Arctic grayling bag and possession limit is two fish;

(6) the bag and possession limit for salmon, other than king salmon, is three fish.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 10/1/2006, Register 179; am 6/12/2011, Register 198

5 AAC 61.118 Special provisions for the seasons, bag, possession, and size limits, and methods and means for Unit 4 of the Susitna River Drainage Area {#sec-5-aac-61.118 omnilex-key=us-ak-regs-official--title-5--5 AAC 61.118}

Unless otherwise specified by an emergency order issued under AS 16.05.060, the following are localized additions and exceptions to the general seasons, bag, possession, and size limits, and methods and means specified in 5 AAC 61.110 for Unit 4 of the Susitna River Drainage Area:

(1) from September 1 - July 13, in all flowing waters, only unbaited, artificial lures may be used;

(2) from May 15 - July 13, in waters open to sport fishing for king salmon, fishing is not allowed from 11:00 p.m. to 6:00 a.m.;

(3) the bag and possession limit for salmon, other than king salmon, is three fish per day with six in possession;

(4) the bag and possession limit for king salmon 20 inches or greater in length is one per day and two in possession; once a person has retained a king salmon 20 inches or greater in length, a person may not sport fish for king salmon within a one-mile radius of the confluence of the Talchulitna River and the Susitna River for the remainder of that day;

(5) in the Canyon Creek drainage,

(A) in the flowing waters, only one unbaited, single-hook, artificial lure may be used;

(B) rainbow/steelhead trout may not be retained or possessed; rainbow/steelhead trout caught must be released immediately and returned to the water unharmed;

(6) in the Fish Lake Creek drainage,

(A) after taking a king salmon 20 inches or greater in length, a person may not sport fish for king salmon on that same day;

(B) upstream of the first lake, sport fishing for salmon is allowed only from January 1 - July 13;

(7) in the Lake Creek drainage,

(A) from August 16 - May 14, from an ADF&G regulatory marker located approximately 100 yards upstream of its mouth to an ADF&G regulatory marker located approximately one-quarter mile upstream of Bulchitna Lake, only one unbaited, single-hook, artificial lure may be used; in that same area from May 15 - July 13, only unbaited, artificial lures may be used;

(B) upstream from an ADF&G regulatory marker located approximately one-quarter mile upstream of Bulchitna Lake only one unbaited, single-hook, artificial lure may be used;

(C) after taking and retaining a king salmon 20 inches or greater in length, a person may not sport fish for king salmon on that same day;

(D) from August 16 - June 14, from an ADF&G regulatory marker located approximately 100 yards upstream of its mouth to an ADF&G regulatory marker located approximately one-quarter mile upstream of Bulchitna Lake, rainbow/steelhead trout may not be retained; rainbow/steelhead trout caught must be released immediately, and returned to the water unharmed;

(E) from June 15 - August 15, from an ADF&G regulatory marker located approximately 100 yards upstream of its mouth to an ADF&G regulatory marker located approximately one-quarter mile upstream of Bulchitna Lake, the rainbow/steelhead trout bag and possession limit is two fish of which only one fish may be 20 inches or greater in length;

(F) upstream of an ADF&G regulatory marker located approximately one-quarter mile upstream from Bulchitna Lake, rainbow/steelhead trout may not be retained or possessed; rainbow/steelhead trout caught must be released immediately and returned to the water unharmed;

(8) in the Peters Creek drainage upstream of an ADF&G regulatory marker located approximately one mile upstream of its confluence with the Kahiltna River sport fishing is closed for king salmon;

(9) the Talchulitna River drainage and all waters within a three-quarter mile radius of its confluence with the Skwentna River,

(A) in flowing waters only one unbaited, single-hook, artificial lure may be used;

(B) rainbow/steelhead trout may not be retained or possessed; rainbow/steelhead trout caught must be released immediately and returned to the water unharmed;

(10) repealed 6/21/2020.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 10/1/2006, Register 179; am 6/4/2008, Register 186; am 6/12/2011, Register 198; am 5/18/2014, Register 210; am 6/21/2020, Register 234

5 AAC 61.120 Special provisions for the seasons, bag, possession, and size limits, and methods and means for Unit 5 of the Susitna River Drainage Area {#sec-5-aac-61.120 omnilex-key=us-ak-regs-official--title-5--5 AAC 61.120}

Unless otherwise specified by an emergency order issued under AS 16.05.060, the following are localized additions and exceptions to the general seasons, bag, possession, and size limits, and methods and means specified in 5 AAC 61.110 and 5 AAC 75 for Unit 5 of the Susitna River Drainage Area:

(1) from September 1 - July 13, in all flowing waters only unbaited, artificial lures may be used;

(2) from May 15 - July 13, in waters open to sport fishing for king salmon, fishing is not allowed from 11:00 p.m. to 6:00 a.m.;

(3) in the Clear (Chunilna) Creek drainage,

(A) the waters upstream of an ADF&G regulatory marker located approximately two miles from its mouth are closed to sport fishing for king salmon;

(B) after taking and retaining a king salmon 20 inches or greater in length, a person may not sport fish for king salmon on the same day;

(D) in the Fish Creek drainage rainbow/steelhead trout may not be retained or possessed, rainbow/steelhead trout caught must be released immediately and returned to the water unharmed;

(E) the Fish Creek drainage upstream of an ADF&G regulatory marker located approximately one-quarter mile upstream of its confluence with the Talkeetna River is closed to sport fishing for all salmon;

(4) the Larson Creek drainage and all waters:

(A) within one-quarter mile of the confluence of Larson Creek with the Talkeetna River are closed to sport fishing for king salmon;

(B) upstream of an ADF&G regulatory marker located approximately one-quarter mile upstream of the confluence of Larson Creek with the Talkeetna River are closed to sport fishing for all salmon;

(C) within one-quarter mile of the confluence of Larson Creek with the Talkeetna River are closed to sport fishing from July 1 - August 15 from 11:00 p.m. to 6:00 a.m. ;

(5) in the Prairie Creek drainage and all waters within one-quarter mile of its confluence with the Talkeetna River

(A) all waters are closed to sport fishing for king salmon;

(B) only one unbaited, single-hook, artificial lure may be used;

(C) rainbow/steelhead trout may not be retained or possessed; rainbow/steelhead trout caught must be released immediately and returned to the water unharmed;

(D) Arctic grayling may not be retained or possessed; Arctic grayling caught must be released immediately and returned to the water unharmed;

(6) the bag and possession limit for salmon, other than king salmon, is three fish.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 10/1/2006, Register 179; am 6/12/2011, Register 198; am 5/18/2014, Register 210; am 6/8/2017, Register 222

5 AAC 61.122 Special provisions for the seasons, bag, possession, and size limits, and methods and means for Unit 6 of the Susitna River Drainage Area {#sec-5-aac-61.122 omnilex-key=us-ak-regs-official--title-5--5 AAC 61.122}

Unless otherwise specified by an emergency order issued under AS 16.05.060, the following are localized additions and exceptions to the seasons, bag, possession, and size limits, and methods and means specified in 5 AAC 61.110 and 5 AAC 75 for Unit 6 of the Susitna River Drainage Area:

(1) from September 1 - July 13, in flowing waters, only unbaited, artificial lures may be used;

(2) all waters of Unit 6 are closed to sport fishing for king salmon, except as described in (4) of this section for the East Fork of the Chulitna River;

(3) the Byers Creek drainage upstream of the Parks Highway is closed to sport fishing for all salmon;

(4) in the East Fork of the Chulitna River drainage, including all waters within a one-quarter mile radius of its confluence of the East Fork and West Fork and including the Middle Fork of the Chulitna and the first quarter mile of Honolulu Creek

(A) from January 1 - July 13, the waters are open to sport fishing for all finfish species, including king salmon; king salmon may be retained only from January 1 through the third Monday in June and on Saturday, Sunday, and Monday for three consecutive weeks starting on the Saturday following the third Monday in June; the remaining days are catch-and-release sport fishing only for king salmon;

(B) from January 1 - July 13, only one unbaited, single-hook, artificial lure may be used;

(5) after taking and retaining a king salmon 20 inches or greater in length, a person may not sport fish for any species of finfish in any water open to sport fishing for king salmon on that same day;

(6) the bag and possession limit for salmon, other than king salmon, is three fish.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 10/1/2006, Register 179; am 6/12/2011, Register 198

5 AAC 61.123 Restrictions on sport fishing after taking king salmon 20 inches or greater in length in the Susitna River Drainage Area {#sec-5-aac-61.123 omnilex-key=us-ak-regs-official--title-5--5 AAC 61.123}

Notwithstanding any other provision in this chapter, or unless modified by an emergency order issued under AS 16.05.060, a person, after taking a king salmon 20 inches or greater in length, may not fish for

(1) any species of finfish on the same day in the following waters open to fishing for king salmon:

(A) that portion of the Susitna River, including waters within a one-quarter mile radius of its tributaries' confluences, from its confluence with the Deshka River upstream to its confluence with the Talkeetna River;

(B) Birch Creek (Birch Creek Slough), only those waters within a one-quarter mile radius of its confluence with the Susitna River;

(C) Caswell Creek from its mouth upstream to the Parks Highway and all waters within a one-quarter mile radius of its confluence with the Susitna River;

(D) East Fork Chulitna River drainage, including all waters within a one-quarter mile radius of its confluence with the West Fork Chulitna River and the Chulitna River;

(E) Goose Creek from its mouth upstream to the Parks Highway and all waters within a one-quarter mile radius of its confluence with the Susitna River;

(F) Kashwitna River drainage from its mouth upstream to the Alaska Railroad Bridge and all waters with a one-quarter mile radius of its confluence with the Susitna River;

(G) Little Willow Creek from its mouth upstream to the Parks Highway and all waters within a one-quarter mile radius of its confluence with the Susitna River;

(H) Montana Creek from its mouth upstream to an ADF&G regulatory marker located approximately one-half mile upstream from the Parks Highway Bridge and all waters within a one-quarter mile radius of its confluence with the Susitna River;

(I) Sheep Creek from its mouth upstream to the Parks Highway and all waters within a one-quarter mile radius of its confluence with the Susitna River;

(J) Sunshine Creek, only those waters within a one-quarter mile radius of its confluence with the Susitna River;

(K) Willow Creek from its mouth upstream to the Parks Highway Bridge and all waters within a one-quarter mile radius of its confluence with the Susitna River;

(L) any waters open to sport fishing for king salmon in the Knik Arm Drainages Area under 5 AAC 60 and the West Cook Inlet Area under 5 AAC 62;

(2) king salmon in the following waters open to fishing for king salmon:

(A) Alexander Creek from its mouth upstream to an ADF&G regulatory marker located approximately 400 yards upstream of its confluence with Trail Creek and all waters within one-half mile of its confluence with the Susitna River;

(B) Clear (Chunilna) Creek from its mouth to an ADF&G regulatory marker located approximately two miles upstream and all waters within a one-half mile radius of its confluence with the Talkeetna River;

(C) Deshka River and its tributaries upstream to an ADF&G regulatory marker located adjacent to Chijuk (No Name) Creek (river mile 17) and all waters within a one-half mile radius of its confluence with the Susitna River;

(D) Fish Lake Creek from its mouth upstream to ADF&G regulatory markers located at the mouth of Fish Lake Creek's inlet to the first lake and all waters within a one-half mile radius of its confluence of the Yentna River;

(E) Lake Creek drainage and all waters within a one-half mile radius of its confluence with the Yentna River.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 10/1/2006, Register 179; am 11/12/2006, Register 180

5 AAC 61.124 Harvest record required; annual limits for the Susitna River Drainage Area {#sec-5-aac-61.124 omnilex-key=us-ak-regs-official--title-5--5 AAC 61.124}

Repealed.

History

Authority: AS 16.05.251
Eff. 10/1/2006, Register 179; am 6/4/2008, Register 186; am 3/2/2011, Register 197; repealed 2/23/2014, Register 209

5 AAC 61.140 Freshwater guiding requirements for the Susitna River Drainage Area {#sec-5-aac-61.140 omnilex-key=us-ak-regs-official--title-5--5 AAC 61.140}

In the Susitna River Drainage Area, a person who is a sport fishing guide, may not sport fish in waters open to sport fishing for king salmon 20 inches or greater in length while a client is present or within the guide's control or responsibility, except when guiding a client with a disability. For the purposes of this section, "disability" has the meaning given in 42 U.S.C. 12102(2)(A) and (C), as amended as of February 8, 1994.

History

Authority: AS 16.05.251
Eff. 10/1/2006, Register 179

5 AAC 61.165 Susitna River and Little Susitna River King Salmon Management Plan {#sec-5-aac-61.165 omnilex-key=us-ak-regs-official--title-5--5 AAC 61.165}

(a) The purpose of this management plan is to describe actions that may be taken by the department to better inform stakeholders of management actions on northern Cook Inlet king salmon sport fisheries. The department shall manage the Susitna River drainage king salmon stocks to achieve king salmon escapement goals by the management measures outlined in this plan.

(b) The department shall manage for an optimal escapement goal of 16,000 - 22,000 king salmon on the Yentna River stock.

(c) The department will release the annual outlook and management strategy, including any preseason emergency orders, for Susitna River king salmon stocks including the Deshka, Yentna, Talkeetna, and Eastside and Little Susitna River stocks, to the extent practical, by January 1, during non-board cycle years for Upper Cook Inlet Finfish.

(d) If king salmon escapement goals have been achieved for a stock in the previous one to three years, and harvest as described in 5 AAC 61.110 is not projected to drop escapement below the escapement goal, sport fisheries shall be open under general regulation.

(e) If king salmon escapement is projected to be near the lower bound of the escapement goal for any salmon stock specified in this section, or if harvest managed under 5 AAC 61.110 is expected to drop the department's projection of escapement below the lower bound of the goal, king salmon sport fisheries may open under catch-and-release or other restrictions to reduce harvest yet continue to provide sport fishing opportunity, if associated sport mortality is not expected to reduce escapement below the lower bound of the escapement goal.

(f) If the commissioner determines additional conservation measures are necessary to achieve the escapement goals, the commissioner may, by emergency order, enact the following management measures:

(1) Deshka River: annual limit reduction; bait prohibition; harvest restricted to Saturdays - Mondays implementing catch-and-release with a single hook only on other days;

(2) Yentna River drainage: annual limit reduction; harvest restricted to Fridays - Mondays implementing catch-and-release with a single hook only on other days;

(3) Talkeetna River drainage: annual limit reduction; harvest restricted to Saturdays - Mondays implementing catch-and-release with a single hook only on other days;

(4) Eastside Susitna River drainages: annual limit reduction; close one or more weekends of fishing;

(5) Little Susitna River: annual limit reduction; harvest restricted to Saturdays - Mondays, or Fridays - Mondays implementing catch-and-release with a single hook only on other days.

(g) If king salmon escapement is projected to be below the applicable escapement goal for that stock, king salmon sport fishing will be closed.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 6/21/2020, Register 234

5 AAC 61.175 Invasive Northern Pike Management Plan for the Susitna River Drainage Area {#sec-5-aac-61.175 omnilex-key=us-ak-regs-official--title-5--5 AAC 61.175}

The department shall manage invasive northern pike in the waters of the Susitna Drainage Area to minimize the impacts on indigenous fish stocks and recreational fisheries. Waters containing invasive northern pike will be managed so that there is a reasonable expectation of high catch rates and harvesting daily bag limits. Notwithstanding any other provision of this chapter, the commissioner may, by emergency order, change bag and possession limits and alter method and means for northern pike to aid in control of invasive northern pike.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 6/12/2011, Register 198

5 AAC 61.180 Riparian Habitat Fishery Management Plan for the Susitna River Drainage Area {#sec-5-aac-61.180 omnilex-key=us-ak-regs-official--title-5--5 AAC 61.180}

(a) The Board of Fisheries (board) finds that freshwater fisheries in upper Cook Inlet, including the Susitna River Drainage Area, subject to access limitations of federal, state, and local landowners, are a recognized use of the fishery resources of upper Cook Inlet. The board also finds that, in some situations, freshwater fisheries are negatively impacting riparian habitats of upper Cook Inlet.

(c) If the commissioner determines that freshwater fisheries are likely to result in riparian habitat loss that could negatively affect the fishery resources of upper Cook Inlet, the commissioner may close, by emergency order, those riparian areas to fishing. This authority extends only to riparian areas in which there is a state, federal, or municipal property interest. The commissioner may reopen, by emergency order, those riparian areas to fishing if the commissioner determines that such openings will not compromise the integrity of the riparian habitats the emergency order is designed to protect. During seasons in areas opened by emergency order, fishing is only open at times selected by the commissioner at the commissioner's discretion, and fishing is only open from the following, selected at the commissioner's discretion:

(1) boats;

(2) boardwalks or similar structures;

(3) docks;

(4) gravel bars;

(5) natural formations identified by the commissioner;

(6) other areas identified by the commissioner as areas where use for fishing will not compromise the integrity of the habitat the closure is designed to protect.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 10/1/2006, Register 179

5 AAC 61.185 Special management areas for rainbow trout in the Susitna River Drainage Area {#sec-5-aac-61.185 omnilex-key=us-ak-regs-official--title-5--5 AAC 61.185}

(a) Unless otherwise specified in 5 AAC 61.110 - 5 AAC 61.123 or by an emergency order issued under AS 16.05.060, only one unbaited, single-hook, artificial lure may be used in the special management areas for rainbow trout described in (b) and (c) of this section.

(b) Rainbow trout trophy special management areas are those waters managed to maintain a harvestable surplus of rainbow trout 20 inches or greater in length. The rainbow trout trophy special management area is that portion of the Susitna River drainage upstream of its confluence with the Talkeetna River to Devils Canyon, excluding the Chulitna River drainage.

(c) Rainbow trout catch-and-release special management areas are those waters managed to maintain historical size and age distributions. The rainbow trout catch-and-release special management areas in the Susitna River Drainage Area are the following:

(1) that portion of the Deshka River upstream from the forks;

(2) the North fork of the Kashwitna River;

(3) Fish Creek (in the Talkeetna River drainage);

(4) the Talachulitna River and all waters within a three-quarter mile radius of its confluence with the Skwentna River;

(5) the Lake Creek drainage upstream from an ADF&G regulatory marker located approximately one-quarter mile upstream of Bulchitna Lake;

(6) X Lake;

(7) Montana Creek drainage;

(8) Willow Creek, below the Parks Highway;

(9) Alexander Creek;

(10) Canyon Creek; and

(11) Prairie Creek.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 10/1/2006, Register 179

5 AAC 61.195 Criteria for establishing special management areas for Dolly Varden in the Susitna River Drainage Area {#sec-5-aac-61.195 omnilex-key=us-ak-regs-official--title-5--5 AAC 61.195}

(a) The Board of Fisheries (board) may consider proposals for regulations designating and dealing with special management areas for bodies of water in the Susitna River Drainage Area that would diversify sport fishing opportunity for populations of wild Dolly Varden, such as catch-and-release, fly-fishing-only, or trophy designation.

(b) In making determinations on regulatory proposals dealing with a special management area under (a) of this section, the board will consider the following criteria:

(2) history of quality fishing: a body of water that the public perceives as having provided quality Dolly Varden fishing will be preferred over a body of water that is not so perceived;

(4) legal access: a body of water with more than 50 percent of its uplands publicly owned or that is determined to be navigable will be preferred;

(7) clear geographical boundaries: a body of water with clearly distinguishable legal regulatory boundaries will be preferred;

(8) relative economic importance of the wild Dolly Varden fishery: a body of water with a Dolly Varden fishery of high economic value to the state will be preferred;

(10) special research or educational needs: the need for a body of water for special management research or educational reasons.

History

Authority: AS 16.05.251
Eff. 10/1/2006, Register 179

Chapter 62 West Cook Inlet Area

5 AAC 62.101 Application of this chapter {#sec-5-aac-62.101 omnilex-key=us-ak-regs-official--title-5--5 AAC 62.101}

The provisions of this chapter apply to sport fishing for finfish in the waters of the West Cook Inlet Area.

History

Authority: AS 16.05.251
Eff. 10/1/2006, Register 179

5 AAC 62.105 Description of the West Cook Inlet Area {#sec-5-aac-62.105 omnilex-key=us-ak-regs-official--title-5--5 AAC 62.105}

The West Cook Inlet Area consists of all fresh water drainages which flow into the west side of Cook Inlet from Kamishak Bay and contiguous bays north of the latitude of Cape Douglas (58° 51.10' N. lat.), to the Susitna River, excluding the Susitna River drainage.

History

Authority: AS 16.05.251
Eff. 10/1/2006, Register 179

5 AAC 62.120 General provisions for seasons, bag, possession, annual, and size limits, and methods and means for the West Cook Inlet Area {#sec-5-aac-62.120 omnilex-key=us-ak-regs-official--title-5--5 AAC 62.120}

Unless otherwise specified in 5 AAC 62.122 or by an emergency order issued under AS 16.05.060, the following are the general seasons, bag, possession, annual, and size limits, and methods and means for the West Cook Inlet Area:

(1) king salmon

(A) 20 inches or greater in length may be taken only from January 1 - June 30; bag and possession limit is one fish; there is an annual limit of five fish and a harvest record is required, as specified in 5 AAC 75.006; a king salmon 20 inches or greater in length that is removed from the water shall be retained and becomes a part of the bag limit of the person originally hooking it; a person may not remove a king salmon from the water before releasing the fish; notwithstanding the annual limit established for king salmon in this subparagraph, the annual limit for king salmon in the combined waters of the West Cook Inlet Area and the other areas in the Cook Inlet region that are open to sport fishing for king salmon under 5 AAC 56 - 5 AAC 61 is five king salmon 20 inches or greater in length, not more than two of which may be taken from that portion of the Kenai River drainage open to king salmon fishing, and not more than two of which may be taken, in combination, from Deep Creek and the Anchor River, except that from January 1 through June 30, a king salmon less than 28 inches in length taken from the Kenai River does not count towards the annual limit;

(B) less than 20 inches in length may be taken only from January 1 - June 30; bag and possession limit is 10 fish;

(2) salmon, other than king salmon,

(A) 16 inches or greater in length may be taken only from January 1 - September 30; bag limit is three fish per day, and six in possession; if retention of coho salmon is allowed under this chapter, a coho salmon 16 inches or greater in length that is removed from the water must be retained and becomes part of the bag limit of the person originally hooking it; a person may not remove a coho salmon form the water before releasing the fish;

(B) less than 16 inches in length may be taken only from January 1 - September 30; bag and possession limit is 10 fish; if retention of coho salmon is allowed under this chapter, a coho salmon 16 inches or greater in length that is removed from the water must be retained and becomes part of the bag limit of the person originally hooking it; a person may not remove a coho salmon from the water before releasing the fish;

(3) rainbow/steelhead trout

(A) are subject to an annual limit of two fish 20 inches or greater in length and a harvest record is required as specified in 5 AAC 75.006; notwithstanding the annual limit established for rainbow/steelhead trout in this subparagraph, the annual limit for rainbow/steelhead trout in the combined waters of the West Cook Inlet and in the other areas in the Cook Inlet region that are open to sport fishing for rainbow/steelhead trout under 5 AAC 56 - 5 AAC 61 is two rainbow/steelhead trout 20 inches or greater in length;

(B) may be taken in flowing waters only from June 15 - April 14; bag and possession limit of two fish, of which only one may be 20 inches or greater in length;

(D) may be taken in lakes and ponds from January 1 - December 31; bag and possession limit of two fish, of which only one may be 20 inches or greater in length;

(4) Arctic char/Dolly Varden may be taken from January 1 - December 31; bag and possession limit of five fish, of which only one may be greater than 12 inches in length;

(5) Arctic grayling may be taken from January 1 - December 31; bag and possession limit of two fish; no size limit;

(6) lake trout may be taken from January 1 - December 31; bag and possession limit of two fish; no size limit;

(7) northern pike may be taken from January 1 - December 31; no bag, possession, or size limit; a northern pike caught may not be released back into the water alive; notwithstanding 5 AAC 75.065, under this section there are no restrictions on the use or disposal of sport-caught northern pike; northern pike may be taken

(A) in all lakes by spear and bow and arrow;

(B) in all lakes with two hooks per line when fishing through the ice and if both hooks are attached to the same single piece of bait;

(C) in Chuitbuna Lake and the Threemile Creek drainage, with five lines through the ice; allowable gear is limited to standard ice fishing gear as specified in 5 AAC 61.110(8)(B): fishing gear must be closely attended as specified in 5 AAC 75.033; all other species of fish caught must be released immediately;

(8) burbot may be taken from January 1 - December 31; no bag, possession, or size limit; burbot may be taken with bait in all waters with more than one line and hook only if

(A) the aggregate number of hooks does not exceed the daily bag limit for burbot in the waters being fished;

(B) the hooks are single hooks with a gap between the point and the shank at least three-fourths of an inch or larger;

(D) notwithstanding the 24-hour provision in 5 AAC 75.033, the angler remains with the fishing gear at all times;

(9) other finfish not specified in this subsection may be taken from January 1 - December 31; no bag, possession, or size limit.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 10/1/2006, Register 179; am 11/12/2006, Register 180; am 6/12/2011, Register 198; am 2/23/2014, Register 209; am 6/28/2019, Register 230; am 6/21/2020, Register 234

5 AAC 62.122 Special provisions for the seasons, bag, possession, and size limits, and methods and means for the West Cook Inlet Area {#sec-5-aac-62.122 omnilex-key=us-ak-regs-official--title-5--5 AAC 62.122}

Unless otherwise specified by an emergency order issued under AS 16.05.060, the following are localized additions and exceptions to seasons, bag, possession, and size limits, and methods and means specified in 5 AAC 62.120 and 5 AAC 75 for the West Cook Inlet Area:

(1) in drainages between the Susitna River and the West Foreland,

(A) in flowing waters, from September 1 - July 13, only unbaited, artificial lures may be used;

(B) from May 15 - June 30, in waters open to sport fishing for king salmon, fishing is not allowed for any species of finfish from 11:00 p.m. to 6:00 a.m.;

(D) after taking a bag limit of coho salmon 16 inches or greater in length, a person may not sport fish for any species of finfish during that same day;

(2) in drainages between the West Foreland and Cape Douglas, after taking a bag limit of coho salmon 16 inches or greater in length, a person may not sport fish for any species of finfish during that same day;

(3) in drainages from the West Foreland south to the latitude of the southern tip of Chisik Island at 60° 05.66' N. lat., from September 1 - May 15, in flowing waters, only unbaited, artificial lures may be used;

(4) in drainages south of the latitude of the southern tip of Chisik Island at 60° 05.66' N. lat. to the latitude of Cape Douglas at 58° 51.10' N. lat., in flowing waters, from July 15 - May 15, only unbaited, artificial lures may be used;

(5) the Chuitna River drainage is closed to sport fishing for king salmon;

(6) the Clearwater Creek drainage, including Roscoe Creek, is closed to sport fishing upstream from an ADF&G regulatory marker located approximately one-half mile upstream of its confluence with the Chinitna River;

(7) the Lewis River is closed to sport fishing for king salmon;

(8) the McNeil River is closed to sport fishing within one-half mile of McNeil River Falls (approximately one mile upstream from McNeil Lagoon);

(9) Shelter Creek is closed to sport fishing upstream from an ADF&G regulatory marker located approximately one mile upstream from its mouth;

(10) Silver Salmon Lake and Silver Salmon Creek within one-half mile of its outlet at Silver Salmon Lake are closed to sport fishing for salmon;

(11) the Theodore River drainage is closed to sport fishing for king salmon;

(12) Threemile Creek is closed to sport fishing for salmon upstream from the Beluga Tyonek Road culvert to Threemile/Tukhallah Lake;

(13) Threemile/Tukhallah Lake is

(A) closed to sport fishing for salmon within a 300-foot radius of the lake outlet;

(B) closed to sport fishing for salmon;

(14) Wolverine Creek, including Big River Lake within a 500-yard radius of the mouth of Wolverine Creek, from June 1 - July 31, is fly-fishing-only waters;

(15) repealed 6/21/2020;

(16) the Beluga River drainage is closed to sport fishing for king salmon;

(17) the south fork of Big River is closed to sportfishing upstream from an ADF&G regulatory marker located at the first island approximately three-fourths of a mile upstream from the confluence at Otter Lake.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 10/1/2006, Register 179; am 6/4/2008, Register 186; am 6/12/2011, Register 198; am 3/22/2014, Register 209; am 5/18/2014, Register 210; am 6/28/2019, Register 230; am 6/21/2020, Register 234

5 AAC 62.124 Harvest record required; annual limits for the West Cook Inlet Area {#sec-5-aac-62.124 omnilex-key=us-ak-regs-official--title-5--5 AAC 62.124}

Repealed.

History

Eff. 10/1/2006, Register 179; am 6/4/2008, Register 186; am 3/2/2011, Register 197; repealed 2/23/2014, Register 209

5 AAC 62.140 Freshwater guiding requirements for the West Cook Inlet Area {#sec-5-aac-62.140 omnilex-key=us-ak-regs-official--title-5--5 AAC 62.140}

In the West Cook Inlet Area, a person who is a sport fishing guide may not sport fish in waters open to sport fishing for king salmon 20 inches or greater in length while a client is present or within the guide's control or responsibility, except when guiding a client with a disability. For the purposes of this section, "disability" has the meaning given in 42 U.S.C. 12102(2)(A) and (C), as amended as of February 8, 1994.

History

Authority: AS 16.05.251
Eff. 10/1/2006, Register 179

5 AAC 62.180 Riparian Habitat Fishery Management Plan for the West Cook Inlet Area {#sec-5-aac-62.180 omnilex-key=us-ak-regs-official--title-5--5 AAC 62.180}

(a) The Board of Fisheries (board) finds that freshwater fisheries in upper Cook Inlet, including the West Cook Inlet Area, subject to access limitations of federal, state, and local landowners, are a recognized use of the fishery resources of upper Cook Inlet. The board also finds that, in some situations, freshwater fisheries are negatively impacting riparian habitats of upper Cook Inlet.

(c) If the commissioner determines that freshwater fisheries are likely to result in riparian habitat loss that could negatively affect the fishery resources of upper Cook Inlet, the commissioner may close, by emergency order, those riparian areas to fishing. This authority extends only to riparian areas in which there is a state, federal, or municipal property interest. The commissioner may reopen, by emergency order, those riparian areas to fishing if the commissioner determines that such openings will not compromise the integrity of the riparian habitats the emergency order is designed to protect. During seasons in areas opened by emergency order, fishing is only open at times selected by the commissioner at the commissioner's discretion, and fishing is only open from the following, selected at the commissioner's discretion:

(1) boats;

(2) boardwalks or similar structures;

(3) docks;

(4) gravel bars;

(5) natural formations identified by the commissioner;

(6) other areas identified by the commissioner as areas where use for fishing will not compromise the integrity of the habitat the closure is designed to protect.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 10/1/2006, Register 179

5 AAC 62.195 Criteria for establishing special management areas for Dolly Varden in the West Cook Inlet Area {#sec-5-aac-62.195 omnilex-key=us-ak-regs-official--title-5--5 AAC 62.195}

(a) The Board of Fisheries (board) may consider proposals for regulations designating and dealing with special management areas for bodies of water in the West Cook Inlet Area that would diversify sport fishing opportunity for populations of wild Dolly Varden, such as catch-and-release, fly-fishing-only, or trophy designation.

(b) In making determinations on regulatory proposals dealing with a special management area under (a) of this section, the board will consider the following criteria:

(2) history of quality fishing: a body of water that the public perceives as having provided quality Dolly Varden fishing will be preferred over a body of water that is not so perceived;

(4) legal access: a body of water with more than 50 percent of its uplands publicly owned or that is determined to be navigable will be preferred;

(7) clear geographical boundaries: a body of water with clearly distinguishable legal regulatory boundaries will be preferred;

(8) relative economic importance of the wild Dolly Varden fishery: a body of water with a Dolly Varden fishery of high economic value to the state will be preferred;

(10) special research or educational needs: the need for a body of water for special management research or educational reasons.

History

Authority: AS 16.05.251
Eff. 10/1/2006, Register 179

Chapter 64 Kodiak Area

5 AAC 64.001 Application of this chapter {#sec-5-aac-64.001 omnilex-key=us-ak-regs-official--title-5--5 AAC 64.001}

This chapter applies to sport fishing in the Kodiak Area.

History

Authority: AS 16.05.251(a)

5 AAC 64.005 Description of the Kodiak Area {#sec-5-aac-64.005 omnilex-key=us-ak-regs-official--title-5--5 AAC 64.005}

The Kodiak Area consists of all waters of Alaska circumjacent to the Kodiak and Afognak Island groups, and including all drainages. For management purposes, the Kodiak Area is divided into the following zones:

(1) Kodiak Road Zone: all fresh waters of Kodiak Island that are east of a line extending south from Crag Point on the west side of Anton Larsen Bay to the westernmost point of Saltery Cove, including the waters of Woody and Long Islands, and including all salt waters inside or landward of the following lines:

(A) Anton Larsen Bay south and east of a line from Crag Point at 57° 52.83' N. lat., 152° 40.42' W. long., to Kizhuyak Point at 57° 55.04' N. lat., 152° 38.13' W. long.;

(B) from the outermost points of Shakmanof Cove at 57° 55.31' N. lat., 152° 36.96' W. long., to 57° 55.55' N. lat., 152° 35.36' W. long.;

(C) from the easternmost point of Shakmanof Cove at 57° 55.55' N. lat., 152° 35.36' W. long., to Otmeloi Point at 57° 54.56' N. lat., 152° 30.95' W. long.;

(D) from the Course Point near Split Rock at 57° 53.53' N. lat., 152° 27.94' W. long., to Termination Point at 57° 51.37' N. lat., 152° 24.11' W. long.;

(E) from Termination Point at 57° 51.37' N. lat., 152° 24.11' W. long., to Miller Point at 57° 50.24' N. lat., 152° 21.16' W. long.;

(F) from Miller Point at 57° 50.24' N. lat., 152° 21.16' W. long., to Spruce Cape at 57° 49.55' N. lat., 152° 19.62' W. long.;

(G) from Spruce Cape at 57° 49.55' N. lat., 152° 19.62' W. long., to the northern tip of Woody Island at 57° 47.82' N. lat., 152° 19.61' W. long.;

(H) from the southern tip of Woody Island at 57° 45.63' N. lat., 152° 21.18' W. long., to Cliff Point at 57° 43.51' N. lat., 152° 26.62' W. long.;

(I) from Cliff Point at 57° 43.51' N. lat., 152° 26.62' W. long., to Broad Point at 57° 41.27' N. lat., 152° 23.77' W. long.;

(J) from Broad Point at 57° 41.27' N. lat., 152° 23.77' W. long., to the western tip of Cape Chiniak at 57° 37.47' N. lat., 152° 11.75' W. long.;

(K) from Cape Greville at 57° 35.31' N. lat., 152° 9.37' W. long., to the eastern tip of Narrow Cape at 57° 25.92' N. lat., 152° 19.11' W. long.;

(L) from the southernmost part of Narrow Cape at 57° 25.28' N. lat., 152° 20.98' W. long., to Pasagshak Point at 57° 25.27' N. lat., 152° 29.00' W. long.;

(M) north and east of a line from the outermost points of Pasagshak Bay at 57° 25.27' N. lat., 152° 29.00' W. long., to 57° 25.98' N. lat., 152° 31.13' W. long.;

(N) from the westernmost point of Pasagshak Bay at 57° 25.98' N. lat., 152° 31.13' W. long., to Shark Point at 57° 26.77' N. lat., 152° 31.18' W. long.;

(O) from Shark Point at 57° 26.77' N. lat., 152° 35.18' W. long., to the westernmost point of Portage Bay at 57° 27.98' N. lat., 152° 41.14' W. long.;

(P) from the westernmost point of Portage Bay at 57° 27.98' N. lat., 152° 41.14' W. long., to the westernmost point of Saltery Cove at 57° 29.62' N. lat., 152° 48.160' W. long.;

(2) Kodiak Remote Zone: all other waters of the Kodiak Area that are not within the Kodiak Road Zone.

History

Authority: AS 16.05.251

5 AAC 64.010 Code key for open fishing seasons {#sec-5-aac-64.010 omnilex-key=us-ak-regs-official--title-5--5 AAC 64.010}

Repealed.

5 AAC 64.014 Criteria for special management areas for Dolly Varden {#sec-5-aac-64.014 omnilex-key=us-ak-regs-official--title-5--5 AAC 64.014}

(a) The Board of Fisheries (board) will, in its discretion, consider proposals for regulations designating and dealing with special management areas of bodies of water in the Kodiak Area that would diversify sport fishing opportunity for populations of wild Dolly Varden, such as catch-and-release, fly-fishing only, or trophy designation.

(b) In making determinations on regulatory proposals designating and dealing with a special management area under (a) of this section, the board will consider the following criteria:

(2) history of quality fishing: a body of water that the public perceives as having provided "quality" Dolly Varden fishing will be preferred over a body of water that is not so perceived;

(4) legal access: a body of water with more than 50 percent of its uplands publicly owned or that is determined to be navigable will be preferred;

(7) clear geographical boundaries: a body of water with clearly distinguishable legal regulatory boundaries will be preferred;

(8) relative economic importance of the wild Dolly Varden fishery: a body of water with a Dolly Varden fishery of high economic value to the state will be preferred;

(10) special research or educational needs: the need for a body of water for special management research or educational reasons.

History

Authority: AS 16.05.251
Eff. 4/2/99, Register 149

5 AAC 64.020 Code key for bag limits, possession limits, and size limits {#sec-5-aac-64.020 omnilex-key=us-ak-regs-official--title-5--5 AAC 64.020}

Repealed.

5 AAC 64.022 Waters; seasons; bag, possession, annual, and size limits; and special provisions for the Kodiak Area {#sec-5-aac-64.022 omnilex-key=us-ak-regs-official--title-5--5 AAC 64.022}

(a) Unless otherwise specified in this section, 5 AAC 64.051, or 5 AAC 64.060, or by an emergency order issued under AS 16.05.060, the following are the bag, possession, annual, and size limits, and special provisions for finfish and shellfish in the waters of the Kodiak Area:

(1) king salmon: may be taken from January 1 - December 31, as follows:

(A) in fresh waters:

(i) 20 inches or greater in length; bag and possession limit of two fish; annual limit of five king salmon; a harvest record is required as specified in 5 AAC 75.006;

(ii) less than 20 inches in length; bag and possession limit of 10 fish; king salmon less than 20 inches in length caught in fresh water do not count toward the annual limit;

(B) in salt waters: bag and possession limit of two fish; no size limit; no annual limit; a harvest record is not required;

(2) salmon, other than king salmon: may be taken from January 1 - December 31, as follows:

(A) 20 inches or greater in length; bag and possession limit of five fish, of which only two may be coho salmon and only two may be sockeye salmon;

(B) less than 20 inches in length; bag and possession limit of 10 fish

(3) rainbow/steelhead trout, as follows:

(A) Kodiak Road Zone:

(i) except in stocked lakes as described in (ii) of this subparagraph: from January 1 - December 31 is open only for catch and release fishing; rainbow/steelhead trout may not be possessed and any rainbow/steelhead trout caught must be released immediately; from November 1 - April 30, only artificial lures may be used in fresh water, except for landlocked lakes of Chignik Lake, Chiniak Lagoon, and Barry Lagoon;

(ii) stocked lakes: may be taken from January 1 - December 31; bag and possession limit of 10 fish, of which only one may be 20 inches or greater in length; no annual limit; for the purposes of this sub-subparagraph, "stocked lakes" include Abercrombie (Gertrude), Aural, Big, Bull, Caroline, Cicely, Dolgoi, Dragon Fly, Heitman, Horseshoe, Jack, Jupiter, Lee, Lilly, Long, Lupine, Margaret (Boy Scout), Saturn, Southern, Tanignak, and Twin Lakes;

(B) Kodiak Remote Zone: may be taken from January 1 - December 31; bag and possession limit of two fish, of which only one may be 20 inches or greater in length; annual limit of two fish 20 inches or greater in length; a harvest record is required as specified in 5 AAC 75.006;

(C) other lakes and ponds: may be taken from January 1 - December 31; bag and possession limit of two fish, of which only one may be over 20 inches in length;

(4) Arctic char/Dolly Varden: may be taken from January 1 - December 31; bag and possession limit of 10 fish; no size limit;

(5) Arctic grayling: may be taken from January 1 - December 31; bag and possession limit of 10 fish; no size limit;

(6) halibut: may be taken only from February 1 - December 31; bag limit of two fish and possession limit of four fish; no size limit;

(7) rockfish: may be taken from January 1 - December 31; bag limit of five fish and possession limit of 10 fish, of which only two fish per day and four in possession may be nonpelagic rockfish and of which only one fish per day and two in possession may be yelloweye rockfish; no size limit;

(8) lingcod: may be taken only from July 1 - December 31; bag limit of two fish and possession limit of four fish; no size limit;

(9) sharks may be taken only as specified in 5 AAC 75.012;

(10) king crab: no open season; may not be retained or possessed;

(11) Dungeness crab: may be taken from January 1 - December 31; bag and possession limit of 12 male crab; minimum size is six and one-half inches carapace width;

(12) Tanner crab: may be taken from January 1 - December 31, except that in a section of the Kodiak District specified in 5 AAC 35.505(a), the taking of Tanner crab is prohibited in waters 25 fathoms or more in depth during the 14 days immediately before the scheduled opening of a commercial Tanner crab fishing season in that section; bag and possession limit of six male crab; minimum size is five and one-half inches carapace width;

(13) other finfish and shellfish not specified in this subsection: may be taken from January 1 - December 31; no bag, possession, or size limits.

(b) The seasons, bag, possession, and size limits, and special provisions specified in this subsection are localized exceptions to those specified in (a) of this section for finfish and shellfish in the Kodiak Area:

(1) in addition to the waters specified in 5 AAC 64.051, the following waters are closed to sport fishing for salmon, as follows:

(A) repealed 4/15/2017;

(B) repealed 4/25/2008;

(D) repealed 4/9/2005;

(E) the Ayakulik and Karluk River drainages are closed to sport fishing for king salmon from July 26 - December 31;

(F) the Dog Salmon River drainage, including Frazier Lake, is closed to sport fishing for king salmon from July 26 - December 31;

(G) Little Kitoi Bay within 500 yards of the mouth of Little Kitoi Creek and Little Kitoi Creek drainage are closed to sport fishing for salmon from August 15 - September 30;

(H) repealed 5/1/2011;

(2) repealed 4/9/2005;

(3) repealed 4/9/2005;

(4) repealed 4/9/2005;

(5) in the Saltery Cove drainage, the bag and possession limit for salmon, other than king salmon, is five fish of which only two fish may be coho salmon;

(6) the following salt waters are closed to the snagging of fish:

(A) Mission Beach: all waters between ADF&G regulatory markers at Shahafka Cove from August 1 - September 15; and

(B) Mill Bay: all waters between ADF&G regulatory markers at Mill Bay from August 1 - September 15;

(7) the outlet stream to Kalsin Pond is closed to sport fishing from the Chiniak Highway to ADF&G regulatory markers located approximately 150 feet downstream.

(8) in the Kodiak Road Zone, from September 16 - December 31, the bag and possession limit for coho salmon 20 inches or greater in length is one fish, except that in the following waters the bag and possession limit for coho salmon 20 inches or greater in length is two fish:

(A) Monashka Creek and Pillar Creek;

(B) Mission Beach: all waters between ADF&G regulatory markers at Shahafka Cove;

(D) Monashka Bay: all waters west of a line from Termination Point to Miller Point;

(E) Miam, Sacramento, and Saltery drainages;

(9) repealed 6/5/2020;

(10) in the Dog Salmon River drainage, including Frazier Lake, king salmon may not be retained or possessed; all king salmon caught must be immediately released;

(11) in the waters of Chiniak Bay and Marmot Bay, west of a line from Cape Chiniak at 57° 37.10' N. lat., 152° 09.28' W. long., to Pillar Cape at 58° 08.91' N. lat., 152° 06.78' W. long., and east of a line from Head Point on Afognak Island at 57° 59.67' N. lat., 152° 46.75' W. long., to Dolphin Point at 57° 59.15' N. lat., 152° 43.40' W. long., on Whale Island and from Bird Point at 57° 55.30' N. lat., 152° 47.50' W. long., on Whale Island to Inner Point at 57° 54.05' N. lat., 152° 47.75' W. long., on Kodiak Island

(A) the bag limit for rockfish is three fish per day and six in possession, of which only two fish per day and four in possession may be nonpelagic rockfish and only one fish per day and two in possession may be yelloweye rockfish; no size limit; and

(B) charter vessel operators and crewmembers may not retain rockfish while clients are on board the vessel.

(1) for salmon, other than king salmon, 20 inches or greater in length, the bag limit is five fish and 10 fish in possession;

(2) for salmon, other than king salmon, less than 20 inches in length, the bag and possession limit is 10 fish.

History

Authority: AS 16.05.050; AS 16.05.251
Eff. 3/13/96, Register 137; am 8/14/96, Register 139; am 4/2/99, Register 149; am 4/20/2002, Register 162; am 12/29/2002, Register 164; am 3/13/2004, Register 169; am 4/9/2005, Register 174; am 4/25/2008, Register 186; am 4/21/2011, Register 198; am 5/1/2011, Register 198; am 6/1/2013, Register 206; am 2/23/2014, Register 209; am 4/15/2017, Register 222; am 7/22/2017, Register 223; am 6/5/2020, Register 234; am 4/21/2024, Register 250

5 AAC 64.024 Harvest record required; annual limits {#sec-5-aac-64.024 omnilex-key=us-ak-regs-official--title-5--5 AAC 64.024}

Repealed.

History

Eff. 4/23/98, Register 146; repealed 5/19/98, Register 146

5 AAC 64.025 Harvest record required; annual limits {#sec-5-aac-64.025 omnilex-key=us-ak-regs-official--title-5--5 AAC 64.025}

Repealed.

History

Eff. 4/20/2002, Register 162; am 12/29/2002, Register 164; am 4/9/2005, Register 174; am 6/1/2013, Register 206; repealed 2/23/2014, Register 209

5 AAC 64.030 Methods, means, and general provisions - Finfish {#sec-5-aac-64.030 omnilex-key=us-ak-regs-official--title-5--5 AAC 64.030}

(a) Unless provided otherwise in 5 AAC 64.022 or by emergency order issued under AS 16.05.060, the provisions of this section apply to finfish sport fishing in the Kodiak Area.

(b) Unless provided otherwise in this section or in 5 AAC 75, finfish may only be taken by hook-and-line gear.

(d) In the waters of Uyak Bay inside a line from Cape Kuliuk to Rocky Point, a sport fish guide or a guide's client may not engage in sport fishing from a vessel that is attached in any way to commercial fishing set gillnet gear, including a set gillnet anchor line, when a set gillnet is actively fishing. A sport fishing guide or a guide's client may not cast, drift, or troll with sport fishing gear across commercial fishing set gillnet gear, including a set gillnet anchor line when a set gillnet is actively fishing.

(e) In the Dog Salmon River drainage, including Frazer Lake, the use of bait is prohibited from January 1 - July 25.

History

Authority: AS 16.05.251
Eff. 3/13/96, Register 137; am 4/2/99, Register 149; am 3/13/2004, Register 169; am 4/9/2005, Register 174; am 6/5/2020, Register 234

5 AAC 64.035 Methods, means, and general provisions - Shellfish {#sec-5-aac-64.035 omnilex-key=us-ak-regs-official--title-5--5 AAC 64.035}

(a) Unless provided otherwise in 5 AAC 64.022 or by emergency order issued under AS 16.05.060, the provisions of this section apply to shellfish sport fishing in the Kodiak Area.

(b) Repealed 4/9/2005.

(d) Until a crab is being processed for human consumption, a person may not mutilate or otherwise disfigure a crab in any manner that would prevent the determination of the minimum size and sex restrictions.

(e) A person may not take or possess shellfish smaller than the minimum legal size limits.

(f) The bag and possession limits for sport-harvested shellfish are not in addition to those allowed under subsistence or personal use fishing regulations.

(g) The operator of a commercially licensed and registered shrimp fishing vessel who is using the vessel in the sport-fish taking of shrimp during a closed commercial shrimp season or within a closed commercial shrimp district, section, or subsection may not possess more than 500 pounds of shrimp on board the vessel.

(h) Tanner crab may be taken only with a Tanner crab pot. A Tanner crab pot is a pot that is no more than 10 feet long by 10 feet wide by 42 inches high with rigid tunnel eye openings that individually are less than five inches in one dimension, with tunnel eye opening perimeters that individually are more than 36 inches, or a pot that is no more than 10 feet long by 10 feet wide by 42 inches high and that tapers inward from its base to a top consisting of one horizontal opening of any size.

History

Authority: AS 16.05.251
Eff. 4/14/93, Register 126; am 3/13/96, Register 137; am 4/9/2005, Register 174; am 7/16/2011, Register 199

5 AAC 64.050 Waters closed to sport fishing {#sec-5-aac-64.050 omnilex-key=us-ak-regs-official--title-5--5 AAC 64.050}

Repealed.

5 AAC 64.051 Waters closed to sport fishing in the Kodiak Area {#sec-5-aac-64.051 omnilex-key=us-ak-regs-official--title-5--5 AAC 64.051}

In addition to those waters closed as specified in 5 AAC 64.022(b), the following waters are closed to all sport fishing in the Kodiak Area, as follows:

(1) from January 1 - December 31, that portion of the Pillar Creek drainage upstream from the Monashka Highway;

(2) repealed 04/21/2024;

(3) from June 1 - August 31, the waters of the Dog Salmon River from the Frazer Fish Pass Weir downstream to an ADF&G regulatory marker located approximately 200 yards downstream from the weir;

(4) from January 1 - December 31, in Big Kitoi Bay, all waters seaward of the terminus of Big Kitoi Creek to a straight line extending northwesterly from 58° 11.43' N. lat., 152° 22.00' W. long., to 58° 11.52' N. lat., 152° 22.07' W. long.; all waters between that line and a line running northwesterly from 58° 11.34' N. lat., 152° 21.66' W. long., to 58° 11.45' N. lat., 152° 21.84' W. long., are closed to sport fishing from August 15 - September 30;

(5) from January 1 - December 31, that portion of the Monashka Creek drainage upstream of the ADF&G regulatory markers approximately 50 yards upstream of the Monashka Highway.

History

Authority: AS 16.05.251
Eff. 4/20/2002, Register 162; am 4/25/2008, Register 186; am 6/5/2020, Register 234; am 4/21/2024, Register 250

5 AAC 64.060 Kodiak Area Salt Water King Salmon Sport Fishery Management Plan {#sec-5-aac-64.060 omnilex-key=us-ak-regs-official--title-5--5 AAC 64.060}

(a) The purpose of the management plan under this section is to meet the Board of Fisheries' goal of stabilizing the sport harvest of king salmon in the salt waters of the Kodiak Area.

(b) In the Kodiak Area salt water king salmon sport fishery,

(1) the guideline harvest level is 11,000 king salmon;

(2) the sport harvest will be estimated annually by the department's statewide harvest survey;

(3) king salmon taken in Monashka Bay will not count towards the guideline harvest level established in (1) of this subsection;

(4) the bag and possession limit for king salmon is two fish, with no size limit;

(5) the annual limit and harvest record specified in 5 AAC 64.022 does not apply.

(c) If the guideline harvest level is exceeded, the board will consider restrictions that may be necessary to avoid exceeding the guideline harvest level at a regularly scheduled meeting for the Kodiak Area. If the board finds that restrictions are necessary, the board will adopt one or more of the following restrictions in the following order:

(1) reduce the nonresident bag and possession limit for king salmon in salt waters to one fish;

(2) prohibit a sport fishing guide from taking a king salmon while a client is present or is within the guide's control or responsibility;

(3) allow only king salmon 28 inches or greater in length to be retained;

(4) reduce the resident bag and possession limit for king salmon in salt waters to one fish.

History

Authority: AS 16.05.251
Eff. 12/29/2002, Register 164; am 2/10/2005, Register 173; am 4/25/2008, Register 186; am 2/23/2014, Register 209

5 AAC 64.070 Kodiak Area Rockfish Management Plan {#sec-5-aac-64.070 omnilex-key=us-ak-regs-official--title-5--5 AAC 64.070}

(a) The purpose of the management plan under this section is to meet the Board of Fisheries' goal of stabilizing the sport harvest of black rockfish in the waters of the Kodiak Area, particularly in the areas of Chiniak Bay and Marmot Bay. Black rockfish will be managed for harvest levels within the established guideline harvest range until a time when survey abundance estimates suggest an increase in harvest is appropriate. Black rockfish also will be managed to attempt to prevent unintentional overharvest of other rockfish species. In recognition that commercial and sport users harvest the same populations of black rockfish, a management plan is also in place for commercial fisheries to maintain harvest within the guideline harvest range as specified in 5 AAC 28.466(h).

(b) In the Kodiak Area rockfish sport fishery,

(1) the guideline harvest range is 0 - 26,000 black rockfish;

(2) the sport harvest will be estimated annually by the department using saltwater guide logbooks, statewide harvest survey data, and dockside sampling data.

(3) repealed 4/21/2024;

(c) If the harvest increases and it is anticipated that the upper bound of the guideline harvest range will be exceeded or has been exceeded, the commissioner may implement restrictions that may be necessary to restrict the increase of harvest in the sport fishery. When the commissioner finds that restrictions are necessary, the commissioner shall adopt one or more of the following restrictions:

(1) implement an annual limit for nonresidents for rockfish;

(2) reduce nonresident bag and possession limit for rockfish;

(3) reduce the rockfish bag limit by area as specified by the department;

(4) implement a rockfish season;

(5) reduce the resident bag and possession limit for rockfish.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 6/5/2020, Register 234; am 4/21/2024, Register 250

5 AAC 64.095 Application of regulations {#sec-5-aac-64.095 omnilex-key=us-ak-regs-official--title-5--5 AAC 64.095}

The regulations in this chapter also apply in the adjoining waters of the exclusive economic zone.

History

Authority: AS 16.05.251; AS 16.10.190
Eff. 7/25/95, Register 135; am 4/23/98, Register 146

Chapter 65 Alaska Peninsula and Aleutian Islands Area

5 AAC 65.001 Application of this chapter {#sec-5-aac-65.001 omnilex-key=us-ak-regs-official--title-5--5 AAC 65.001}

This chapter applies to sport fishing in the waters of the Alaska Peninsula and Aleutian Islands Area.

History

Authority: AS 16.05.251(a)

5 AAC 65.005 Description of the Alaska Peninsula and Aleutian Islands Area {#sec-5-aac-65.005 omnilex-key=us-ak-regs-official--title-5--5 AAC 65.005}

The Alaska Peninsula and Aleutian Islands Area consists of all waters of Alaska on the south side of the Alaska Peninsula, including Pacific Ocean drainages west of the longitude of Cape Douglas (excluding the Kodiak Area), and waters, including Bering Sea drainages on the north side of the Alaska Peninsula south of the latitude of Cape Menshikof, and all waters of Alaska circumjacent to the Aleutian Islands, including the Pribilof Islands.

5 AAC 65.010 Fishing seasons for Alaska Peninsula and Aleutian Islands Area {#sec-5-aac-65.010 omnilex-key=us-ak-regs-official--title-5--5 AAC 65.010}

Repealed.

5 AAC 65.020 General provisions for seasons and bag, possession, annual, and size limits for the Alaska Peninsula and Aleutian Islands Area {#sec-5-aac-65.020 omnilex-key=us-ak-regs-official--title-5--5 AAC 65.020}

Except as otherwise provided in 5 AAC 65.022, 5 AAC 65.051, or by an emergency order issued under AS 16.05.060, the seasons and bag, possession, annual, and size limits for finfish and shellfish in the Alaska Peninsula and Aleutian Islands Area are as follows:

(1) king salmon:

(A) in fresh waters: may be taken only from January 1 through July 25, except that king salmon may be taken in the Chignik River only from January 1 through August 9, and as follows:

(i) 20 inches or greater in length; bag and possession limit of two fish; annual limit of five fish; a harvest record is required as specified in 5 AAC 75.006;

(ii) less than 20 inches in length; bag and possession limit of 10 fish; no annual limit;

(B) in salt waters: may be taken from January 1 through December 31; bag and possession limit of two fish; no size limit; no annual limit;

(2) salmon, other than king salmon: may be taken from January 1 through December 31, as follows:

(A) 20 inches or greater in length; bag limit of five fish and a possession limit of 10 fish;

(B) less than 20 inches in length; bag and possession limit of 10 fish;

(3) rainbow/steelhead trout: may be taken from January 1 through December 31; bag and possession limit of two fish, of which only one fish may be 20 inches or greater in length; annual limit of two fish 20 inches or greater in length, except in Anchorage Bay Runway Lake; a harvest record is required as specified in 5 AAC 75.006;

(4) Arctic char/Dolly Varden: may be taken from January 1 through December 31; bag and possession limit of 10 fish; no size limit;

(5) Arctic grayling: may be taken from January 1 through December 31; bag and possession limit of five fish; no size limit;

(6) halibut: may be taken only from February 1 through December 31; bag limit of two fish and possession limit of four fish; no size limit;

(7) lingcod: may be taken only from July 1 through December 31; bag limit of two fish and possession limit of four fish; no size limit;

(8) rockfish: may be taken from January 1 through December 31; bag limit of 10 fish and possession limit of 20 fish; no size limit;

(9) sharks: may be taken only as specified in 5 AAC 75.012;

(10) king crab: the daily bag and possession limit is six golden king crab per person; red king crab may not be retained or possessed; all crab pots used for sport fishing and left in saltwater unattended longer than a two-week period must have all bait and bait containers removed and all doors secured fully open; golden king crab may be taken only from June 1 through January 31; only male golden king crab six and one-half inches or greater in width of carapace may be taken or possessed;

(11) Tanner crab: may be taken from January 1 through December 31; bag and possession limit of six male crab; minimum size is five and one-half inches carapace width, except that in the waters of the Bering Sea north of 54° 36' N. lat., the minimum size is 4.8 inches carapace width;

(12) Dungeness crab: may be taken from January 1 through December 31; bag and possession limit of 12 crab; male crab only; minimum size is six and one-half inches carapace width, not including spines;

(13) other finfish and shellfish not specified in this section; may be taken from January 1 through December 31; no bag, possession, or size limits.

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 65.022 Special provisions for bag, possession, and annual limits, and methods and means in the Alaska Peninsula and Aleutian Islands Area {#sec-5-aac-65.022 omnilex-key=us-ak-regs-official--title-5--5 AAC 65.022}

(a) Unless otherwise provided by emergency order, issued under AS 16.05.060, the special provisions regarding bag, possession, and annual limits, and methods and means in this section apply to sport fishing in the Alaska Peninsula and Aleutian Islands Area.

(b) In the King Salmon River and Bear River drainages, a king salmon 20 inches or greater in length may not be retained or possessed and must be released immediately; a person

(1) may not remove a fish from the water before releasing the fish;

(2) may use only an unbaited, single hook, artificial lure or fly.

(1) only unbaited, single-hook, artificial lures or unbaited, single-hook, artificial flies may be used;

(2) the bag and possession limit for king salmon 20 inches or greater in length is one fish per day and one fish in possession, with an annual limit of two king salmon 20 inches or greater in length;

(3) rainbow/steelhead trout may not be retained; a rainbow/ steelhead trout caught in the Sandy River drainage must be released immediately.

(d) In the Nelson River drainage, upstream from its confluence with the Caribou River,

(1) only one unbaited, single-hook, artificial lure may be used;

(2) king salmon may not be possessed or retained; a king salmon caught must be released immediately; a person may not remove a king salmon from the water before releasing the fish.

(e) In the salt waters and all freshwater drainages of Unalaska Bay, the bag and possession limit for salmon, other than king salmon, is five fish per day, five fish in possession, of which no more than two fish may be coho salmon and two fish may be sockeye salmon.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 4/9/95, Register 134; am 4/11/98, Register 146; am 4/2/99, Register 149; am 6/13/99, Register 150; am 6/19/99, Register 150; am 6/14/2001, Register 158; am 6/1/2013, Register 206; am 6/5/2016, Register 218; am 6/23/2023, Register 246

5 AAC 65.024 Harvest record required; annual limits {#sec-5-aac-65.024 omnilex-key=us-ak-regs-official--title-5--5 AAC 65.024}

Repealed.

History

Eff. 4/9/95, Register 134; am 4/2/99, Register 149; am 6/14/2001, Register 158; am 6/4/2004, Register 170; am 4/9/2005, Register 174; am 5/30/2007, Register 182; am 6/1/2013, Register 206; repealed 2/23/2014, Register 209

5 AAC 65.030 Methods, means, and general provisions - Finfish {#sec-5-aac-65.030 omnilex-key=us-ak-regs-official--title-5--5 AAC 65.030}

Repealed.

History

Eff. 4/9/95, Register 134; repealed 6/14/2001, Register 158

5 AAC 65.035 Methods, means, and general provisions - Shellfish {#sec-5-aac-65.035 omnilex-key=us-ak-regs-official--title-5--5 AAC 65.035}

(a) Unless otherwise provided by an emergency order issued under AS 16.05.060, the provisions in this section apply to shellfish sport fishing in the Alaska Peninsula and Aleutian Islands Area.

(b) The operator of a commercially licensed and registered shrimp fishing vessel who is using the vessel in the sport-fish taking of shrimp during a closed commercial shrimp season or within a closed commercial shrimp district, section, or subsection may not possess more than 500 pounds of shrimp on board the vessel.

(d) Until a crab is being processed for human consumption, no person may mutilate or otherwise disfigure the crab in a manner that would prevent the determination of the minimum size restrictions.

(e) No person may take or possess shellfish smaller than the minimum legal size limits.

(f) The bag and possession limits for sport-harvested shellfish are not in addition to those allowed under subsistence or personal use fishing regulations.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 4/9/95, Register 134; am 6/14/2001, Register 158

5 AAC 65.050 Waters closed to sport fishing {#sec-5-aac-65.050 omnilex-key=us-ak-regs-official--title-5--5 AAC 65.050}

Repealed.

History

Eff. 4/3/83, Register 85; am 6/2/88, Register 106; am 9/2/90, Register 115; am 5/2/92, Register 122; repealed 4/9/95, Register 134

5 AAC 65.051 Waters closed to sport fishing in the Alaska Peninsula and Aleutian Islands Area {#sec-5-aac-65.051 omnilex-key=us-ak-regs-official--title-5--5 AAC 65.051}

The following waters are closed to sport fishing in the Alaska Peninsula and Aleutian Island Area:

(1) that portion of the Makushin River drainage upstream from an ADF&G regulatory marker located approximately two miles upstream from its mouth;

(2) that portion of the Nateekin River drainage upstream from an ADF&G regulatory marker located approximately two miles upstream from its mouth (immediately below the canyon hole);

(3) Humpy Cove and Summer Bay Lake outlet creeks;

(4) the following areas on and around Unalaska Island are closed to sport fishing as follows:

(A) the Illiuliuk River drainage, including Illiuliuk Creek (also known as Town or Unalaska Creek), Illiuliuk Lake, and all waters flowing into Illiliuk Lake,

(i) is closed to sport fishing for sockeye salmon;

(ii) upstream from ADF&G regulatory markers located at the Church Hole, is closed to sport fishing for salmon;

(B) the Summer Bay Lake drainage and salt waters within a 250-yard radius of the Summer Bay Creek outlet are closed to sport fishing from August 16 through December 31;

(5) repealed 6/23/2023.

History

Authority: AS 16.05.251
Eff. 6/14/2001, Register 158; am 6/4/2004, Register 170; am 6/1/2013, Register 206; am 6/5/2016, Register 218; am 6/23/2023, Register 246

5 AAC 65.095 Application of regulations {#sec-5-aac-65.095 omnilex-key=us-ak-regs-official--title-5--5 AAC 65.095}

5 AAC 65.095 took effect 7/25/95, Register 135, as an emergency regulation. In reviewing the "permanent" regulation, the regulations attorney made technical corrections to the wording of the regulation. The section's history note does not reflect the changes made by the regulations attorney.

The regulations in this chapter also apply in the adjoining waters of the exclusive economic zone.

History

Authority: AS 16.05.251; AS 16.10.190
Eff. 7/25/95, Register 135; am 3/13/2004, Register 169

Chapter 67 Bristol Bay Area

5 AAC 67.001 Application of this chapter {#sec-5-aac-67.001 omnilex-key=us-ak-regs-official--title-5--5 AAC 67.001}

This chapter applies to sport fishing in the Bristol Bay Area.

History

Authority: AS 16.05.251(a)

5 AAC 67.005 Description of the Bristol Bay Area {#sec-5-aac-67.005 omnilex-key=us-ak-regs-official--title-5--5 AAC 67.005}

The Bristol Bay Area consists of all waters of Alaska, including drainages, enclosed by a line from Cape Newenham to Cape Menshikof.

History

Authority: AS 16.05.251(a)

5 AAC 67.010 Fishing seasons for Bristol Bay Area {#sec-5-aac-67.010 omnilex-key=us-ak-regs-official--title-5--5 AAC 67.010}

Repealed.

5 AAC 67.020 General provisions for seasons and bag, possession, annual, and size limits for the Bristol Bay Area {#sec-5-aac-67.020 omnilex-key=us-ak-regs-official--title-5--5 AAC 67.020}

Except as otherwise provided in 5 AAC 67.022, 5 AAC 67.025, or by an emergency order issued under AS 16.05.060, the seasons and bag, possession, annual, and size limits for finfish and shellfish in the Bristol Bay Area are as follows:

(1) king salmon:

(A) in fresh waters, as follows:

(i) 20 inches or greater in length; may be taken only from May 1 through July 31; bag and possession limit of three fish, of which only one fish may be 28 inches or greater in length; annual limit of five fish 20 inches or greater in length taken in combination from fresh waters and salt waters; a harvest record is required as specified in 5 AAC 75.006;

(ii) less than 20 inches in length; may be taken from January 1 through December 31; bag and possession limit of 10 fish;

(B) in salt waters: may be taken only from May 1 through July 31; bag and possession limit of three fish, of which only two fish may be 28 inches or greater in length; annual limit of five fish 20 inches or greater in length taken in combination from fresh waters and salt waters; a harvest record is required as specified in 5 AAC 75.006;

(C) a king salmon removed from the water shall be retained and becomes part of the bag limit of the person originally hooking it; a person may not remove a king salmon from the water before releasing the fish;

(2) salmon, other than king salmon: may be taken from January 1 through December 31; bag and possession limit of five fish; no size limit;

(3) rainbow/steelhead trout: may be taken

(A) from June 8 through October 31; bag and possession limit of two fish, of which only one fish may be over 20 inches in length;

(B) from November 1 through June 7; bag and possession limit of five fish, of which only one fish may be over 20 inches in length;

(4) Arctic char/Dolly Varden, may be taken

(A) from June 8 through October 31; bag and possession of three fish; no size limit;

(B) from November 1 through June 7; bag and possession limit of 10 fish; no size limit;

(5) Arctic grayling: may be taken from January 1 through December 31; bag and possession limit of two fish; no size limit;

(6) lake trout: may be taken from January 1 through December 31; bag and possession limit of four fish; no size limit;

(7) northern pike: may be taken from January 1 through December 31; bag and possession limit of five fish, of which only one fish may be over 30 inches in length;

(8) burbot: may be taken from January 1 through December 31; bag and possession limit of 15 fish; no size limit;

(9) halibut: may be taken only from February 1 through December 31; bag limit of two fish and possession limit of four fish; no size limit;

(10) sharks: may be taken only as specified in 5 AAC 75.012;

(11) king crab: may be taken only from June 1 through January 31; bag and possession limit of six crab; male crab only; minimum size limit is six and one-half inches carapace width; a shellfish harvest recording form is required as specified in 5 AAC 75.016;

(12) Tanner crab: may be taken from January 1 through December 31; bag and possession limit of 12 crab; male crab only; minimum size limit is five and one-half inches carapace width; a shellfish harvest recording form is required as specified in 5 AAC 75.016;

(13) Dungeness crab: may be taken from January 1 through December 31; bag and possession limit of 12 crab; male crab only; minimum size limit is six and one-half inches carapace width; a shellfish harvest recording form is required as specified in 5 AAC 75.016;

(14) other finfish and shellfish not specified in this section: no bag, possession, or size limits.

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 67.022 Special provisions for seasons, bag, possession, and size limits, and methods and means in the Bristol Bay Area {#sec-5-aac-67.022 omnilex-key=us-ak-regs-official--title-5--5 AAC 67.022}

(a) Unless otherwise provided by emergency order, issued under AS 16.05.060, the special provisions regarding seasons, bag, possession, and size limits, and methods and means in this section apply to sport fishing in the Bristol Bay Area.

(b) In the Ugashik River drainage, the following special provisions apply:

(1) in the Ugashik Narrows (all waters from the outlet of Upper Ugashik Lake downstream to Lower Ugashik Lake), including those waters of Upper and Lower Ugashik Lakes within a one-quarter mile radius of the Ugashik Narrows, Arctic grayling may not be possessed or retained; all Arctic grayling caught must be immediately released;

(2) the waters of the Ugashik River downstream of Lower Ugashik Lake are closed to the fishing for Arctic grayling;

(3) in the Ugashik River drainage, including all lakes,

(A) from June 8 through October 31, the bag and possession limit for rainbow trout is one fish, with no size limit;

(B) from November 1 through June 7, the bag and possession limit for rainbow trout is five fish, of which only one fish may be over 20 inches in length.

(1) in the Egegik River drainage,

(A) from June 8 through October 31, the bag and possession limit for rainbow trout is one fish, with no size limit;

(B) from November 1 through June 7, the bag and possession limit for rainbow trout is five fish, of which only one fish may be over 20 inches in length;

(2) in all waters within a one-quarter mile radius of the Becharof Lake outlet, Arctic grayling may not be possessed or retained; all Arctic grayling caught must be immediately released.

(d) In the Naknek River drainage, the following special provisions apply:

(1) in the Naknek River drainage, unless otherwise specified in this subsection,

(A) from June 8 through October 31, the bag and possession limit for rainbow trout is one fish, less than 18 inches in length; any rainbow trout caught that are 18 inches or greater in length must be immediately released;

(B) from November 1 through June 7, the bag and possession limit for rainbow trout is five fish, less than 18 inches in length; any rainbow trout caught that are 18 inches or greater in length must be immediately released;

(2) in all flowing waters of the Naknek River drainage, from March 1 through November 14, only unbaited, artificial lures may be used;

(3) in all flowing waters of the Naknek River drainage upstream from an ADF&G regulatory marker located at Rapids Camp (River Mile 24.25), including all waters within a one-quarter mile radius of all inlet and outlet streams into all lakes and ponds in this area, only unbaited, single-hook, artificial lures may be used;

(4) in the Naknek River from an ADF&G regulatory marker located at Rapids Camp (River Mile 24.25) upstream to an ADF&G regulatory marker located at Trefon's Cabin, (outlet of Naknek Lake),

(A) April 10 through June 7, all sport fishing is closed, except as provided in 5 AAC 67.022(d)(13);

(B) from March 1 through April 9, and from June 8 through July 31, only unbaited, single-hook, artificial lures with a hook gap between the point and the shank of one-half inch or less may be used;

(D) sport fishing for king salmon is closed;

(5) in the Brooks River drainage, unless otherwise specified in this subsection,

(A) from June 8 through October 31, rainbow trout may not be possessed or retained; all rainbow trout caught must be immediately released;

(B) from November 1 through June 7, bag and possession for rainbow trout is five fish less than 18 inches in length; any rainbow trout caught that are 18 inches or greater in length must be immediately released;

(C) in all flowing waters of the Brooks River drainage, including all lake waters within a one-quarter mile radius of all inlet and outlet streams,

(i) from April 10 through June 7, sport fishing is closed;

(ii) from June 8 through October 31, only unbaited, single-hook, artificial flies may be used;

(iii) from June 8 through October 31, rainbow trout may not be possessed or retained; all rainbow trout caught must be immediately released;

(iv) from November 1 through April 9, the bag and possession limit for rainbow trout is five fish, less than 18 inches in length; any rainbow trout caught that are 18 inches or greater in length must be immediately released;

(6) in the Brooks River from the outlet of Brooks Lake downstream to the bridge at Brooks Camp, except during the sport fishing closure described in (5)(C)(i) of this subsection, all finfish species may be taken by catch-and-release fishing only, and may not be retained or possessed; all finfish caught must be immediately released;

(7) in the Savonoski River drainage, including the waters of Naknek Lake within a one-quarter mile radius of the mouth of Savonoski River, excluding American Creek,

(A) from June 8 through October 31, the bag and possession limit for rainbow trout is one fish, with no size limit;

(B) from November 1 through June 7, the bag and possession limit for rainbow trout is five fish, of which only one fish may be over 20 inches in length;

(8) in the American Creek drainage,

(A) from April 10 through June 7, all sport fishing in closed;

(B) from June 8 through October 31, rainbow trout may not be possessed or retained; all rainbow trout caught must be immediately released;

(C) from November 1 through April 9, the bag and possession limit for rainbow trout is five fish, of which only one fish may be over 20 inches in length;

(9) King Salmon Creek and Pauls Creek from an ADF&G regulatory marker located at each creek's confluence with the Naknek River upstream to the upstream sides of the Alaska Peninsula Highway Bridges are closed to sport fishing from June 1 through July 31;

(10) in King Salmon Creek and Pauls Creek upstream of the Alaska Peninsula Highway Bridges,

(A) sport fishing for king salmon is closed;

(B) the bag and possession limit for rainbow trout is one fish, less than 18 inches in length; any rainbow trout caught that are 18 inches or greater in length must be immediately released;

(11) in the Big Creek drainage, upstream of its confluence with the Naknek River, king salmon may not be retained or possessed; king salmon may not be removed from the water and must be released immediately;

(12) the bag and possession limit for king salmon is three fish 20 inches or greater in length, of which only one fish may be over 28 inches or greater in length; the annual limit for king salmon 20 inches or greater in length is five fish, only three of which may be 28 inches or greater in length;

(13) a person 16 years of age or older may not sport fish in the Naknek River during the designated youth fishery day, which occurs on June 7; bag, possession, and size limits for rainbow trout are provided in (1)(A) of this subsection; for species other than rainbow trout, provisions under 5 AAC 67.020 apply;

(14) a person 16 years of age or older may not sport fish in the Naknek River from Rapids Camp above the ADF&G regulatory marker at 58° 37.42' N. lat., 156° 31.47' W. long., to 58° 37.37 N. lat., 156° 31.22' W. long., during the designated youth fishery day, which occurs on the second Sunday of July;

(15) a person 16 years of age or older may not sport fish in the Naknek River between the ADF&G markers above and below King Salmon Creek, including King Salmon Creek, during the designated youth fishery day, which occurs on the second Sunday of August.

(e) In the Kvichak River drainage, excluding the Alagnak River drainage, the following special provisions apply:

(1) the bag and possession limit for salmon, other than king salmon, is five fish, with no size limit, of which only two fish may be coho salmon, unless otherwise specified in 5 AAC 67.025;

(2) unless otherwise specified in this section, the following special provisions apply to rainbow trout;

(A) from June 8 through October 31, the bag and possession limit for rainbow trout is one fish, with no size limit;

(B) from November 1 through June 7, the bag and possession limit for rainbow trout is five fish, of which only one fish may be over 20 inches in length;

(3) in the Kvichak River drainage, including all waters of Lake Iliamna within a one-half mile radius of its outlet, but excluding Lake Clark and its tributaries upstream of Sixmile Lake,

(A) from April 10 through June 7 all sport fishing is closed;

(B) the use of helicopters for transporting anglers and sport-caught fish is prohibited;

(4) in all flowing waters of the Kvichak River drainage, excluding Lake Clark and its tributaries upstream of Sixmile Lake, and including all waters of lakes within a one-half mile radius of all inlet and outlet streams, and excluding those waters in lakes not within a one-half mile radius of inlet or outlet streams,

(A) from April 10 through June 7, all sport fishing is closed;

(B) unless otherwise specified in this section, only unbaited, single-hook, artificial lures may be used;

(D) from November 1 through April 9, the bag and possession limit for rainbow trout is five fish, of which only one fish may be over 20 inches in length;

(5) in that portion of the Kvichak River drainage from an ADF&G regulatory marker located at the confluence of Yellow Creek upstream to the outlet of Iliamna Lake at Igiugig, including all waters of Iliamna Lake within a one-half mile radius of the lake's outlet,

(A) from April 10 through June 7, all sport fishing is closed;

(B) from June 8 through September 30, rainbow trout may not be possessed or retained; all rainbow trout caught must be immediately released;

(D) from November 1 through April 9, the bag and possession limit for rainbow trout is five fish, of which only one fish may be over 20 inches in length;

(6) in all flowing waters of the Copper River drainage downstream from Lower Copper River Lake and waters of Lake Iliamna within a one-half mile radius of the Copper River outlet,

(A) from April 10 through June 7, all sport fishing is closed;

(B) from June 8 through October 31,

(i) only unbaited, single-hook, artificial flies may be used; and

(ii) rainbow trout may not be possessed or retained; all rainbow trout caught must be immediately released;

(C) from November 1 through April 9, the bag and possession limit for rainbow trout is five fish, of which only one fish may be over 20 inches in length;

(7) in all flowing waters of Gibraltar River drainage and waters of Lake Iliamna, and within a one-half mile radius of the Gibraltar River outlet,

(A) from April 10 through June 7, all sport fishing is closed;

(B) from June 8 through October 31,

(i) only unbaited, single-hook, artificial flies may be used; and

(ii) rainbow trout may not be possessed or retained; all rainbow trout caught must be immediately released;

(C) from November 1 through April 9, the bag and possession limit for rainbow trout is five fish, of which only one fish may be over 20 inches in length;

(8) in the Iliamna River drainage, and waters of Lake Iliamna within a one-half mile radius of the Iliamna River outlet,

(A) from April 10 through June 7, all sport fishing is closed;

(B) from June 8 through October 31, the bag and possession limit for rainbow trout is one fish, with no size limit;

(C) from November 1 through April 9, the bag and possession limit for rainbow trout is five fish, of which only one fish may be over 20 inches in length;

(D) from June 8 through April 9, Arctic char/Dolly Varden may not be possessed or retained; all Arctic char/Dolly Varden caught must be immediately released;

(9) in the Lower Talarik Creek, and all waters of Lake Iliamna within a one-half mile radius of the outlets,

(A) from April 10 through June 7, all sport fishing is closed;

(B) from June 8 through October 31,

(i) only unbaited, single-hook, artificial flies may be used; and

(ii) rainbow trout may not be possessed or retained; all rainbow trout caught must be immediately released;

(C) from November 1 through April 9, the bag and possession limit for rainbow trout is five fish, of which only one fish may be over 20 inches in length;

(10) in the Tazimina River from the falls, downstream to one mile upstream of its outlet into Sixmile Lake,

(A) from April 10 through June 7, all sport fishing is closed;

(B) from June 8 through October 31, rainbow trout may not be possessed or retained; all rainbow trout caught must be immediately released;

(C) from November 1 through April 9, the bag and possession limit for rainbow trout is five fish, of which only one fish may be over 20 inches in length;

(11) in Upper Talarik Creek and the waters of Lake Iliamna within a one-half mile radius of the outlet of Upper Talarik Creek,

(A) from April 10 through June 7, all sport fishing is closed;

(B) from June 8 through October 31, rainbow trout may not be possessed or retained; all rainbow trout caught must be immediately released;

(C) from November 1 through April 9, the bag and possession limit for rainbow trout is five fish, of which only one fish may be over 20 inches in length;

(12) in the Lake Clark drainage upstream of Sixmile Lake,

(A) from June 8 through October 31, the bag and possession limit for rainbow trout is one fish, with no size limit;

(B) from November 1 through June 7, the bag and possession limit for rainbow trout is five fish, of which only one fish may be over 20 inches in length;

(13) in the Chulitna River drainage, the bag and possession limit for northern pike is five fish, less than 30 inches in length; any northern pike caught that are 30 inches or greater in length must be immediately released.

(f) In the Alagnak River drainage, the following special provisions apply:

(1) the use of helicopters to transport anglers and sport-caught fish is prohibited;

(2) the bag and possession limit for salmon, other than king salmon, is five fish with no size limit, of which only three fish may be coho salmon;

(3) repealed 2/28/2010;

(4) in the Alagnak River drainage, excluding those waters in lakes not within a one-half mile radius of inlets or outlet streams,

(A) sport fishing is closed from April 10 through June 7;

(B) only unbaited, single-hook, artificial lures may be used;

(5) in the Alagnak River drainage,

(A) from June 8 through October 31, rainbow trout may not be possessed or retained; any rainbow trout caught must be immediately released;

(B) from November 1 through April 9, the bag and possession limit for rainbow trout is five fish, less than 18 inches in length; any rainbow trout caught that are 18 inches or greater in length must be immediately released;

(6) in all flowing waters of the Morraine Creek drainage,

(A) from June 8 through October 31,

(i) only unbaited, single-hook, artificial flies may be used; and

(ii) rainbow trout may not be retained or possessed; all rainbow trout must be released immediately;

(B) from November 1 through April 9, the bag and possession limit for rainbow trout is five fish less than 18 inches in length; any rainbow trout caught that are 18 inches or greater in length must be immediately released.

(g) In the Nushagak River drainage, excluding the Wood River drainage, and unless otherwise specified in 5 AAC 06.361 or 5 AAC 06.368, the following special provisions apply:

(1) the bag and possession limit for king salmon 20 inches or greater in length is two fish, of which only one fish may be 28 inches or greater in length; the annual limit for king salmon 20 inches or greater in length is four fish; the bag and possession limit for king salmon less than 20 inches in length (jack salmon) is five fish; after taking and retaining a bag limit of king salmon 20 inches or greater in length, a person may not sport fish with bait for the remainder of that day in the Nushagak River drainage, excluding the Wood River drainage;

(2) in the Nushagak River drainage upstream of its confluence of the Iowithla River, including the Iowithla River drainage, king salmon may be taken only from May 1 through July 24;

(3) sport fishing for king salmon is closed year round in the

(A) Kokwok River drainage and all waters of the Nushagak River within a one-quarter mile radius of the Kokwok River outlet;

(B) waters of the Nushagak River drainage upstream of its confluence with Harris Creek;

(4) only unbaited, single-hook, artificial lures may be used year round in the following waters:

(A) the Nushagak River drainage upstream of its confluence with Harris Creek to its confluence with Chichitnok River;

(B) in the Tikchik River drainage;

(C) in the Nuyakuk River from the outlet of Tikchik Lake to an island located about two miles downstream of Nuyakuk falls; and

(D) in all flowing water of the Mulchatna River drainage from an ADF&G regulatory marker located approximately one and one-half miles downstream of the confluence of the Mulchatna and Stuyahok Rivers, upstream to an ADF&G regulatory marker located approximately one and one-half miles upstream of the confluence of the Mulchatna and Koktuli Rivers and all waters of the Stuyahok and Koktuli River drainages;

(5) in the Nushagak River drainage upstream of its confluence with Harris Creek, rainbow trout may not be possessed or retained; all rainbow trout caught must be immediately released;

(6) from May 1 - July 31, only one single-hook lure or one single hook may be used, except as provided in (4) of this subsection;

(7) if the department adopts a reporting requirement, a harvest reporting form will be provided by the department to report the total number of king salmon harvested in the Nushagak River drainage for the current calendar year; if required, the report shall be submitted to the department by means specified by the department not later than November 30 of that year containing the following information:

(A) number of king salmon harvested;

(B) number of king salmon released;

(D) number of king salmon harvested between 20 and 28 inches in length.

(h) In the Wood River drainage, the following special provisions apply:

(1) the bag and possession limit for king salmon 20 inches or greater in length is one fish; the annual limit for king salmon 20 inches or greater in length is two fish;

(2) in the Agulowak River downstream from an ADF&G regulatory marker located at the outlet of Lake Nerka, including all waters within a one-half mile radius of its outlet into Lake Aleknagik,

(A) only unbaited, single-hook artificial lures may be used;

(B) the bag and possession limit for rainbow trout is one fish, with no size limit;

(3) in the Agulukpak River from the outlet of Lake Beverly to the island located 1.2 miles downstream;

(A) from September 1 through June 7, only unbaited, single-hook, artificial lures may be used;

(B) from June 8 through August 31, only unbaited, single-hook, artificial flies may be used;

(C) from June 8 through October 31, rainbow trout may not be possessed or retained; all rainbow trout caught must be immediately released;

(D) from November 1 through June 7, the bag and possession limit for rainbow trout is five fish, of which only one fish may be over 20 inches in length;

(4) in Lake Kulik, the bag and possession limit for northern pike is five fish less than 30 inches in length; any northern pike caught that are 30 inches or greater in length must be immediately released.

(i) In the Negukthlik and Ungalikthluk River drainages, the following special provisions apply:

(1) from April 10 through June 7, all sport fishing is closed;

(2) only unbaited, single-hook, artificial lures may be used;

(3) from June 8 through October 31, rainbow trout may not be possessed or retained; all rainbow trout caught must be immediately released;

(4) from November 1 through April 9, the bag and possession limit for rainbow trout is five fish, of which only one fish may be over 20 inches in length.

(j) In all fresh water drainages between Cape Newenham and Cape Menshikof a person may not remove a king salmon from the water before releasing the fish.

(k) In the fresh waters of the Bristol Bay Area where the use of bait is not allowed, a sport fishing guide or a guide's client may not place in the water any substance for the purpose of attracting fish by scent, including

(1) fish eggs in any form;

(2) natural or preserved animal, fish, fish oil, shellfish, or insect parts;

(3) natural or processed vegetable matter; and

(4) natural or synthetic chemicals.

(l) In the Togiak River Drainage the following special provisions apply:

(1) only unbaited, single-hook artificial lures or flies may be used, except that bait and a single-hook may be used from July 16 to April 30;

(2) the bag and possession limit for king salmon less than 20 inches in length is 10 fish;

(3) any king salmon caught that are 20 inches or greater in length must be immediately released; and

(4) upstream of the confluence of Gechiak Creek and the Togiak River, sport fishing for king salmon is closed year round.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 3/24/95, Register 133; am 5/24/96, Register 138; am 4/23/98, Register 146; am 6/14/2001, Register 158; am 4/9/2004, Register 170; am 3/30/2007, Register 181; am 11/28/2009, Register 192; am 2/28/2010, Register 193; am 4/4/2013, Register 206; am 5/8/2013, Register 206; am 5/18/2014, Register 210; am 4/16/2016, Register 218; am 8/27/2016, Register 219; am 5/31/2019, Register 230; am 4/16/2023, Register 246; am 4/28/2024, Register 250

5 AAC 67.024 Harvest record required; annual limits {#sec-5-aac-67.024 omnilex-key=us-ak-regs-official--title-5--5 AAC 67.024}

Repealed.

History

Eff. 3/24/95, Register 133; am 4/23/98, Register 146; am 6/14/2001, Register 158; am 4/9/2004, Register 170; am 6/1/2013, Register 206; repealed 2/23/2014, Register 209

5 AAC 67.025 Kvichak River Drainage Sockeye Salmon Management Plan {#sec-5-aac-67.025 omnilex-key=us-ak-regs-official--title-5--5 AAC 67.025}

(a) The purpose of this management plan is to ensure biological spawning escapement requirements of sockeye salmon into the Kvichak River drainage upstream of its confluence with the Alagnak River (Branch River). It is the intent of the Board of Fisheries to address the trade-off between biological, social, and economic concerns for Kvichak River drainage sockeye salmon. This management plan provides guidelines to the department to minimize allocation conflicts between sport and subsistence users of the sockeye salmon resource. The department shall manage the Kvichak River as follows:

(1) if the inseason escapement is projected to be two million sockeye salmon or more, the existing sport fishing regulations in this title will be in effect;

(2) if the inseason escapement is projected to be less than two million sockeye salmon, the commissioner shall, by emergency order, impose restrictions on the sport fishery as follows:

(A) a reduction in bag and possession limits from five fish to two fish; and

(B) a closure of waters within the Kvichak River drainage to sport fishing for sockeye salmon that may have the potential for conflict between the sport and subsistence fisheries, including

(i) Alexi Creek and all waters within 150 yards of its confluence with the Newhalen River;

(ii) the waters of Sixmile Lake and one-quarter mile downstream of Sixmile Lake in the Newhalen River and the lower one-quarter mile of the Tazimina River;

(iii) all waters within one-half-mile of the confluence of the Gibraltar River with Lake Iliamna; and

(iv) the waters of the Kvichak River adjacent to the community of Igiugig as posted between ADF&G regulatory markers.

(b) If the department projects that the spawning escapement will be less than two million sockeye salmon, and the Naknek-Kvichak District is also closed to commercial fishing for 10 consecutive days, the commissioner may, by emergency order, implement one or more of the following additional restrictions to the sport fishery:

(1) reduction of the sockeye salmon bag and possession limit to one fish;

(2) closure of additional waters that have a potential for conflict between the sport and subsistence fisheries;

(3) closures during the spawning season;

(4) closure of the entire Kvichak River drainage to sockeye salmon fishing.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 6/14/2001, Register 158

5 AAC 67.030 Methods, means, and general provisions - Finfish {#sec-5-aac-67.030 omnilex-key=us-ak-regs-official--title-5--5 AAC 67.030}

(a) Repealed 6/14/2001.

(b) Repealed 3/13/2004.

History

Eff. 3/12/95, Register 133; am 4/23/98, Register 146; am 6/14/2001, Register 158; am 3/13/2004, Register 169

5 AAC 67.035 Methods, means, and general provisions - Shellfish {#sec-5-aac-67.035 omnilex-key=us-ak-regs-official--title-5--5 AAC 67.035}

(a) Unless provided otherwise in 5 AAC 67.022 or by emergency order issued under AS 16.05.060, the provisions in this section apply to shellfish sport fishing in the Bristol Bay Area.

(d) Until a crab is being processed for human consumption, no person may mutilate or otherwise disfigure the crab in a manner that would prevent the determination of the minimum size restriction.

(e) A person may not take or possess shellfish smaller than the minimum legal size limits set out in 5 AAC 67.020.

(f) The bag and possession limits for sport-harvested shellfish are not in addition to those allowed under subsistence or personal use fishing regulations.

History

Authority: AS 16.05.251

5 AAC 67.036 Fresh water sport fishing guides {#sec-5-aac-67.036 omnilex-key=us-ak-regs-official--title-5--5 AAC 67.036}

A sport fishing guide may not retain fish while the guide is accompanying or personally directing the angler in fishing activities during any portion of a guided fishing trip.

History

Authority: AS 16.05.251
Eff. 4/23/98, Register 146; am 2/10/2005, Register 173

5 AAC 67.050 Waters closed to sport fishing {#sec-5-aac-67.050 omnilex-key=us-ak-regs-official--title-5--5 AAC 67.050}

Repealed.

5 AAC 67.055 Bristol Bay Wild Trout Zone {#sec-5-aac-67.055 omnilex-key=us-ak-regs-official--title-5--5 AAC 67.055}

Repealed 7/26/90.

5 AAC 67.095 Application of regulations {#sec-5-aac-67.095 omnilex-key=us-ak-regs-official--title-5--5 AAC 67.095}

The regulations in this chapter also apply in the adjoining waters of the exclusive economic zone.

History

Authority: AS 16.05.251; AS 16.10.190
Eff. 4/23/98, Register 146

Chapter 69 North Slope Area

History

Authority: AS 16.05.251
Eff. 3/14/2009, Register 189

5 AAC 69.105 Description of the North Slope Area {#sec-5-aac-69.105 omnilex-key=us-ak-regs-official--title-5--5 AAC 69.105}

The North Slope Area consists of all northerly flowing waters, including lakes, draining into, and including, the Arctic Ocean, the Beaufort Sea, and the Chukchi Sea, west of the Canadian border and east of Point Hope.

History

Authority: AS 16.05.251
Eff. 3/14/2009, Register 189; am 5/19/2010, Register 194

5 AAC 69.110 Seasons and bag, possession, and size limits for the North Slope Area {#sec-5-aac-69.110 omnilex-key=us-ak-regs-official--title-5--5 AAC 69.110}

(a) Except as otherwise specified in this section or through an emergency order issued under AS 16.05.060, sport fishing is permitted year round in the waters of the North Slope Area.

(b) Except as otherwise specified in (c) of this section, the following are the general bag, possession, and size limits for finfish and shellfish in the waters of the North Slope Area:

(1) king salmon 20 inches or greater in length: the bag and possession limit is three fish, of which only two fish may be 28 inches or greater in length;

(2) salmon, other than king salmon: the bag and possession limit is 10 fish, with no size limit;

(3) Arctic char/Dolly Varden and lake trout:

(A) in all lakes: the bag and possession limit is two fish of all species combined, with no size limit;

(B) in all flowing waters: the bag and possession limit is 10 fish of all species combined, of which only two fish may be 20 inches or greater in length, and of which only two fish may be lake trout;

(4) Arctic grayling: the bag and possession limit is five fish, with no size limit;

(5) sheefish: the bag and possession limit is 10 fish, with no size limit;

(6) northern pike: the bag and possession limit is 10 fish, with no size limit;

(7) burbot: the bag and possession limit is 15 fish, with no size limit;

(8) halibut: may be taken only from February 1 through December 31, with a bag limit of two fish and a possession limit of four fish, with no size limit;

(9) Dungeness crab: the bag and possession limit is 12 male crab, with a size limit of 6.5 inches minimum carapace width;

(10) repealed 7/22/2017;

(11) repealed 7/22/2017;

(12) finfish and shellfish species that are not specified in this section: there are no bag, possession, or size limits.

(c) The following are the exceptions to the general bag, possession, and size limits, and fishing seasons specified in (a) and (b) of this section for finfish in the waters of the Dalton Highway Corridor (Transalaska Pipeline Corridor) within the North Slope Area, which is described as a corridor five miles wide on each side of the Dalton Highway:

(1) salmon: sport fishing for salmon is closed;

(2) lake trout: may be taken by catch-and-release fishing only, and may not be possessed or retained; all lake trout caught must be released immediately;

(3) northern pike: the bag and possession limit is five fish, of which only one fish may be 30 inches or greater in length.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 3/14/2009, Register 189; am 7/22/2017, Register 223

5 AAC 69.130 Methods, means, and general provisions - Finfish {#sec-5-aac-69.130 omnilex-key=us-ak-regs-official--title-5--5 AAC 69.130}

(a) Unless otherwise provided in this chapter or by an emergency order issued under AS 16.05.060, the provisions in this section apply to finfish sport fishing in the North Slope Area.

(b) In all waters, multiple hooks with a gap between the point and shank greater than one-half inch may be used for taking fish other than salmon.

(c) A spear or bow and arrow may be used to take suckers and burbot. Unless prohibited in 5 AAC 69.110, northern pike and whitefish, except sheefish, may be speared by a person who is completely submerged at any time, and, from September 1 through April 30, may be taken by spear or bow and arrow.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 3/14/2009, Register 189; am 4/13/2013, Register 206

5 AAC 69.135 Methods, means, and general provisions - Shellfish {#sec-5-aac-69.135 omnilex-key=us-ak-regs-official--title-5--5 AAC 69.135}

Repealed.

History

Eff. 3/14/2009, Register 189; repealed 7/22/2017, Register 223

5 AAC 69.140 North Slope Area Wild Lake Trout Management Plan {#sec-5-aac-69.140 omnilex-key=us-ak-regs-official--title-5--5 AAC 69.140}

(a) Notwithstanding the other provisions in this chapter regarding lake trout, the department shall manage wild lake trout populations in the North Slope Area by employing a conservative harvest regime and by maintaining harvest below the maximum sustained yield level. Following sustained yield principles, the department may manage wild lake trout fisheries to provide or maintain fishery qualities that are desired by sport anglers.

(1) reduce bag and possession limits;

(2) reduce fishing time;

(3) allow only catch-and-release fishing;

(4) modify methods and means of harvest.

(c) If the harvest level in the North Slope Area exceeds sustained yield for a two-year time period, the commissioner, by emergency order, may close the fishery and immediately reopen a fishery during which one or more of the following restrictions apply:

(1) bag and possession limit of one lake trout;

(2) a minimum size limit applies: the size limit shall be established based on the following considerations:

(A) length of maturity, with two years of protection from harvest for spawning fish before recruitment to the fishery;

(B) lake size, with no size limits for a trout population in a lake with a surface area less than 250 acres;

(C) uniformity of size limits, with the minimum size limit 24 inches, unless the department determines that there is a biological justification for an alternate size limit;

(3) if the reduced bag limit or size limits do not keep harvest below maximum sustained yield levels the commissioner may further restrict harvest opportunity, through one or more of management measures:

(A) seasonal closures;

(B) spawning closures, winter closures, or both;

(D) allowing catch-and-release fishing only;

(E) a complete closure of the fishery.

(1) reduced fishing season;

(2) special gear restrictions;

(3) alternative size limits;

(4) catch-and-release fishing only.

(e) The department shall minimize potential conflicts with a subsistence fishery, or other fisheries that overlap the sport fishery, that harvest other fish within the same body of water.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 3/14/2009, Register 189

5 AAC 69.155 North Slope Area Wild Arctic Grayling Management Plan {#sec-5-aac-69.155 omnilex-key=us-ak-regs-official--title-5--5 AAC 69.155}

(a) By employing a conservative harvest regime, the department shall manage wild Arctic grayling populations in the North Slope Area for long-term sustained yield. Following sustained yield principles, the department may manage wild Arctic grayling fisheries to provide or maintain fishery qualities that are desired by sport anglers.

(1) reduce the bag and possession limits;

(2) reduce fishing time;

(3) allowing only catch-and-release fishing;

(4) modify methods and means of harvest.

(1) regional management approach;

(2) conservative management approach; and

(3) special management approach.

(f) Proposed changes to the conservative management approach may

(1) allow a limited harvest of fish 18 inches or greater in length;

(2) accommodate a fishery that is consistent with this management approach due to its historic features; or

(3) propose another management strategy for a fishery that has documented biological or conservation issues that are not severe enough to warrant a catch-and-release fishing restriction.

(g) Special management approach. Under the special management approach, only unbaited single-hook artificial lures and unbaited single-hook artificial flies may be used. Size limits may be imposed for certain fisheries and may include trophy designation, which is a fish 18 inches or greater in length. The bag limit is one fish, except that a fishery may be restricted to catch-and-release fishing, or closed. Single-hook waters may be established. The fishing season is open year round, but fishing is restricted to catch-and-release fishing during the April 1 through May 31 spawning period. If a fishery for a species other than Arctic grayling occurs in the same water body, the use of larger multiple hooks and bait on larger single and multiple hooks is allowed.

(h) Proposals to change the management approach for a water body or fish stock to the special management approach should tend to diversify sport fishing opportunities, such as by limiting fishing to catch-and-release, limiting fishing to fly-fishing, or limiting harvest to fish that qualify for a trophy designation, meaning that a fish retained must be 18 inches or greater in length. Before adopting changes to the special management approach, the board should review any overlapping or concurrent fisheries that harvest other species, and attempt to minimize gear conflicts, or seasonal use pattern conflicts with those fisheries. The board should tend to adopt the special management approach for a fishery exhibiting particular conservation, biological, or restoration issues. The board should tend to adopt the approach for a water body or for a fish stock that presents a unique opportunity for conducting research. That opportunity would exist, for example, where the stock or water body is located near a research facility or within a unique habitat, or where there is an unexploited population that could be studied to determine population parameters such as natural mortality, growth rate, or the age at sexual maturity.

(i) If a proposal for managing wild Arctic grayling would apply to a water body in which there are fisheries for other species, the department will, if practicable, provide detailed information to the board about potential conflicts that may be caused by the proposal.

(j) In addition to other criteria in this section, the board should consider applicable components of the following issues when dealing with a proposal for managing wild Arctic grayling under the conservative and special management approaches:

(5) historical precedence: the board should tend to establish fishing opportunities in water bodies or on stocks that historically have provided special or unique angling opportunities;

(6) proximity of similar fishing opportunities: the board should tend to establish fishing opportunities where there are no similar types of fisheries that are within one day's travel.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 3/14/2009, Register 189; am 5/19/2010, Register 194

5 AAC 69.165 North Slope Area Stocked Water Management Plan {#sec-5-aac-69.165 omnilex-key=us-ak-regs-official--title-5--5 AAC 69.165}

(a) The department shall manage stocked waters in the North Slope Area in order to meet public demand for diverse fishing opportunities. The department may manage fisheries to provide or maintain qualities that are desired by sport anglers. The department shall manage the stocked waters according to one of three management approaches. The management approaches are the

(1) regional management approach;

(2) conservative management approach; and

(3) special management approach.

(b) The board's regulations that govern stocked waters in the North Slope Area shall be consistent with the applicable management approach specified in (a) of this section.

(c) When a water body in the North Slope Area Region is first stocked, it shall be placed under the regional management approach category. After receiving a proposal from the public, the department, or from the board to reclassify a water body, and when the proposal meets the criteria for a different classification, the board may reclassify the water body. The board will act on a proposal to reclassify a water body or to designate a water body for special management only if the proposal has been submitted according to the procedures set out in 5 AAC 96.610 and is consistent with the board's regular meeting cycle schedule.

(1) limit fishing to

(A) catch-and-release fishing;

(B) fly fishing;

(2) establish seasonal periods when fishing is closed or is restricted to catch-and-release fishing; or

(3) establish a bag limit of one fish, 18 inches or greater in length, or another appropriate bag and size limit.

(g) During times of low hatchery output, the commissioner may, by emergency order, modify methods and means, reduce bag limits, or institute a catch-and-release fishing only fishery.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 3/14/2009, Register 189

5 AAC 69.995 Definition of "catch-and-release" {#sec-5-aac-69.995 omnilex-key=us-ak-regs-official--title-5--5 AAC 69.995}

For the purposes of this chapter, "catch-and-release" means that the sport angler may fish for a species of finfish, but may not retain or possess that species of finfish.

History

Authority: AS 16.05.251
Eff. 3/14/2009, Register 189

Eff. 5/19/2004, Register 170; am 9/12/2008, Register 187; repealed 3/14/2009, Register 189

5 AAC 70.010 Code key for open fishing seasons {#sec-5-aac-70.010 omnilex-key=us-ak-regs-official--title-5--5 AAC 70.010}

Repealed.

5 AAC 70.011 Seasons and bag, possession, annual, and size limits for the Northwestern Area {#sec-5-aac-70.011 omnilex-key=us-ak-regs-official--title-5--5 AAC 70.011}

(a) Except as otherwise specified in this section or through an emergency order issued under AS 16.05.060, sport fishing is permitted year round in the waters of the Northwestern Area.

(b) Except as otherwise specified in (c) of this section, the following are the general bag, possession, and size limits for finfish and shellfish in the waters of the Northwestern Area:

(1) king salmon 20 inches or greater in length: the bag and possession limit is one fish;

(2) salmon, other than king salmon: the bag and possession limit is 10 fish, with no size limit;

(3) Arctic char/Dolly Varden and lake trout:

(A) in all lakes: the bag and possession limit is two fish of all species combined, with no size limit;

(B) in all flowing waters and salt waters: the bag and possession limit is 10 fish of all species combined, of which only two fish may be 20 inches or greater in length, and of which only two fish may be lake trout;

(4) Arctic grayling: the bag and possession limit is five fish, with no size limit;

(5) sheefish: the bag and possession limit is 10 fish, with no size limit;

(6) northern pike: the bag and possession limit is 10 fish, with no size limit;

(7) burbot: the bag and possession limit is 15 fish, with no size limit;

(8) halibut: may be taken only from February 1 through December 31; the bag limit is two fish and the possession limit is four fish, with no size limit;

(9) Dungeness crab: the bag and possession limit is 12 male crab, with a 6.5 inches minimum carapace width;

(10) blue and red king crab: the bag and possession limit is six male crab; the size limit for blue king crab is five inches minimum carapace width; the size limit for red king crab is 4.75 inches minimum carapace width; a shellfish harvest recording form as specified in 5 AAC 75.016 is required;

(11) Tanner crab: the bag and possession limit for C. bairdi and C. opilio Tanner crab, in combination, is 12 male crab; the size limit for C. bairdi Tanner crab is 5.5 inches minimum carapace width; the size limit for C. opilio Tanner crab is 3.1 inches minimum carapace width;

(12) finfish and shellfish species that are not specified in this section: there are no bag, possession, or size limits.

(c) The following are the exceptions to the general bag, possession, and size limits, and fishing seasons specified in (a) and (b) of this section for the Northwestern Area:

(1) in the Kobuk River drainage, upstream of the mouth of the Mauneluk River, the bag and possession limit for sheefish is two fish, with no size limit;

(2) in the Selawik River drainage, upstream of the mouth of the Tagagawik River, the bag and possession limit for sheefish is two fish, with no size limit;

(3) in Northern Norton Sound, which is described as all waters draining into Norton Sound from Cape Darby to Cape Prince of Wales on the Seward Peninsula, except Salmon Lake, the bag and possession limit for

(A) pink salmon is 10 fish, with no size limit;

(B) coho salmon is three fish, with no size limit;

(D) chum salmon is three fish, with no size limit, except that sport fishing for chum salmon is closed in the Penny River and Cripple River;

(E) Arctic grayling is two fish with no size limit;

(4) in the Pilgrim River drainage, including Salmon Lake,

(A) the bag and possession limit for Arctic grayling is one fish with no size limit;

(B) sport fishing for king salmon is closed;

(5) in Salmon Lake, its tributaries, and the outlet stream 300 feet downstream from the lake outlet, salmon fishing is closed;

(6) in the Nome River drainage, sport fishing for

(A) repealed 2/22/2015;

(B) Arctic grayling is closed;

(7) in the Snake River drainage,

(A) repealed 2/22/2015;

(B) the bag and possession limit for Arctic grayling is one fish with no size limit;

(8) in the Solomon River drainage, sport fishing for

(A) repealed 2/22/2015;

(B) Arctic grayling is closed;

(9) in the Unalakleet River drainage,

(A) the bag and possession limit for king salmon is two fish, of which only one fish may be 20 inches or greater in length;

(B) the annual limit for king salmon 20 inches or greater in length is two fish; an angler fishing for king salmon must possess and complete a current year's nontransferable harvest record as described in 5 AAC 75.006;

(C) the bag and possession limit for salmon, other than king salmon, is 10 fish, of which only four fish, in combination, may be coho, chum, and sockeye salmon;

(D) a salmon removed from the water must be retained and becomes part of the bag limit of the person originally hooking it; a person may not remove a salmon from the water before releasing it;

(E) the bag and possession limit for Arctic grayling is five fish, of which only one fish may be 15 inches or greater in length.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 5/19/2004, Register 170; am 6/7/2007, Register 182; am 9/12/2008, Register 187; am 3/14/2009, Register 189; am 4/13/2013, Register 206; am 2/23/2014, Register 209; am 2/22/2015, Register 213; am 5/24/2023, Register 246; am 4/25/2026, Register 258

5 AAC 70.013 Seasons, bag, possession, and size limits, and methods and means in the Yukon River Management Area {#sec-5-aac-70.013 omnilex-key=us-ak-regs-official--title-5--5 AAC 70.013}

Repealed.

History

Eff. 5/19/2004, Register 170; am 6/7/2007, Register 182; repealed 3/14/2009, Register 189

5 AAC 70.015 Seasons, bag, possession, and size limits, and methods and means in the Tanana River Management Area {#sec-5-aac-70.015 omnilex-key=us-ak-regs-official--title-5--5 AAC 70.015}

Repealed.

History

Eff. 5/19/2004, Register 170; am 6/7/2007, Register 182; am 6/21/2007, Register 182; repealed 3/14/2009, Register 189

5 AAC 70.017 Seasons, bag, possession, and size limits in the Kuskokwim - Goodnews Management Area {#sec-5-aac-70.017 omnilex-key=us-ak-regs-official--title-5--5 AAC 70.017}

Repealed.

History

Eff. 5/19/2004, Register 170; am 6/7/2007, Register 182; am 9/12/2008, Register 187; repealed 3/14/2009, Register 189

5 AAC 70.020 Code key for bag limits, possession limits, and size limits {#sec-5-aac-70.020 omnilex-key=us-ak-regs-official--title-5--5 AAC 70.020}

Repealed.

5 AAC 70.022 Waters; seasons; bag, possession, and size limits in the Arctic-Yukon-Kuskokwim Area {#sec-5-aac-70.022 omnilex-key=us-ak-regs-official--title-5--5 AAC 70.022}

Repealed.

History

Eff. 3/15/95, Register 133; am 5/9/98, Register 146; am 6/23/99, Register 150; am 5/9/2000, Register 154; am 6/14/2001, Register 158; am 8/8/2003, Register 167; repealed 5/19/2004, Register 170

5 AAC 70.023 Special provisions for methods and means in the Arctic-Yukon-Kuskokwim Area {#sec-5-aac-70.023 omnilex-key=us-ak-regs-official--title-5--5 AAC 70.023}

Repealed.

History

Eff. 6/14/2001, Register 158; am 8/8/2003, Register 167; repealed 5/19/2004, Register 170

5 AAC 70.024 Harvest record required; annual limits {#sec-5-aac-70.024 omnilex-key=us-ak-regs-official--title-5--5 AAC 70.024}

Repealed.

History

Eff. 3/15/95, Register 133; am 6/14/2001, Register 158; am 5/19/2004, Register 170; am 6/7/2007, Register 182; am 3/14/2009, Register 189; repealed 2/23/2014, Register 209

5 AAC 70.025 King crab harvest recording form {#sec-5-aac-70.025 omnilex-key=us-ak-regs-official--title-5--5 AAC 70.025}

Repealed.

5 AAC 70.030 Methods, means, and general provisions - Finfish {#sec-5-aac-70.030 omnilex-key=us-ak-regs-official--title-5--5 AAC 70.030}

(a) Unless otherwise provided in this chapter or by an emergency order issued under AS 16.05.060, the provisions in this section apply to finfish sport fishing in the Northwestern Area.

(b) In all waters, multiple hooks with a gap between the point and shank greater than one-half inch may be used for taking fish other than salmon.

(c) A spear or bow and arrow may be used to take suckers and burbot. Unless prohibited in 5 AAC 70.011, northern pike and whitefish, except sheefish, may be speared by a person who is completely submerged at any time, and, from September 1 through April 30, may be taken by spear or bow and arrow.

(d) Repealed 5/19/2004.

(e) Repealed 5/19/2004.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 3/15/95, Register 133; am 5/19/2004, Register 170; am 3/14/2009, Register 189; am 4/13/2013, Register 206

5 AAC 70.035 Methods, means, and general provisions - Shellfish {#sec-5-aac-70.035 omnilex-key=us-ak-regs-official--title-5--5 AAC 70.035}

(a) Unless otherwise provided in this chapter or by an emergency order issued under AS 16.05.060, the provisions in this section apply to shellfish sport fishing in the Northwestern Area.

(b) The operator of a commercially licensed and registered shrimp fishing vessel who is using the vessel in the sport-fish taking of shrimp during a closed commercial shrimp season or within a closed commercial shrimp district or section may not possess more than 500 pounds of shrimp on board the vessel.

(d) Until a crab is being processed for human consumption, no person may mutilate or otherwise disfigure the crab in a manner that would prevent the determination of the minimum size restriction.

(e) A person may not take or possess shellfish that is smaller than the applicable minimum legal size limit set out in 5 AAC 70.011.

(f) The bag and possession limits for sport-harvested shellfish are not in addition to those allowed under subsistence or personal use fishing regulations.

History

Authority: AS 16.05.060; AS 16.05.251

5 AAC 70.040 Northwestern Area Wild Lake Trout Management Plan {#sec-5-aac-70.040 omnilex-key=us-ak-regs-official--title-5--5 AAC 70.040}

(a) Notwithstanding the other provisions in this chapter regarding lake trout, the department shall manage wild lake trout populations in the Northwestern Area by employing a conservative harvest regime and by maintaining harvest below the maximum sustained yield level. Following sustained yield principles, the department may manage wild lake trout fisheries to provide or maintain fishery qualities that are desired by sport anglers.

(1) reduce bag and possession limits;

(2) reduce fishing time;

(3) allow only catch-and-release fishing;

(4) modify methods and means of harvest.

(c) If the harvest level in the Northwestern Area exceeds sustained yield for a two-year time period, the commissioner, by emergency order, may close the fishery and immediately reopen a fishery during which one or more of the following restrictions apply:

(1) bag and possession limit of one lake trout;

(2) a minimum size limit applies; the size limit shall be established based on the following considerations:

(A) length of maturity, with two years of protection from harvest for spawning fish before recruitment to the fishery;

(B) lake size, with no size limits for a trout population in a lake with a surface area less than 250 acres;

(C) uniformity of size limits, with the minimum size limit 24 inches, unless the department determines that there is a biological justification for an alternate size limit;

(A) seasonal closures;

(B) spawning closures, winter closures, or both;

(D) allowing catch-and-release fishing only;

(E) a complete closure of the fishery.

(1) reduced fishing season;

(2) special gear restrictions;

(3) alternative size limits;

(4) catch-and-release fishing only.

(e) The department shall minimize potential conflicts with a subsistence fishery, or other fisheries that overlap the sport fishery, that harvest other fish within the same body of water.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 6/7/2007, Register 182; am 3/14/2009, Register 189

5 AAC 70.044 Minto Flats Northern Pike Management Plan {#sec-5-aac-70.044 omnilex-key=us-ak-regs-official--title-5--5 AAC 70.044}

Repealed.

History

Eff. 5/9/98, Register 146; am 6/14/2001, Register 158; am 8/8/2003, Register 167; repealed 3/14/2009, Register 189

5 AAC 70.050 Waters closed to sport fishing {#sec-5-aac-70.050 omnilex-key=us-ak-regs-official--title-5--5 AAC 70.050}

Repealed.

5 AAC 70.055 Northwestern Area Wild Arctic Grayling Management Plan {#sec-5-aac-70.055 omnilex-key=us-ak-regs-official--title-5--5 AAC 70.055}

(a) By employing a conservative harvest regime, the department shall manage wild Arctic grayling populations in the Northwestern Area for long-term sustained yield. Following sustained yield principles, the department may manage wild Arctic grayling fisheries to provide or maintain fishery qualities that are desired by sport anglers.

(1) reduce the bag and possession limits;

(2) reduce fishing time;

(3) allowing only catch-and-release fishing;

(4) modify methods and means of harvest.

(1) regional management approach;

(2) conservative management approach; and

(3) special management approach.

(d) Regional management approach. Under the regional management approach, sport anglers may use baited or unbaited artificial lures and the bag and possession limit is five fish. The season is open year round, however there are fisheries where catch-and-release fishing is imposed during part or all of the spawning period from April 1 through May 31.

(f) Proposed changes to the conservative management approach may

(1) allow a limited harvest of fish 18 inches or greater in length;

(2) accommodate a fishery that is consistent with this management approach due to its historic features; or

(3) propose another management strategy for a fishery that has documented biological or conservation issues that are not severe enough to warrant a catch-and-release fishing restriction.

(g) The department shall manage the Snake River and Pilgrim River under the conservative management approach.

(h) Special management approach. Under the special management approach, only unbaited single-hook artificial lures and unbaited single-hook artificial flies may be used. Size limits may be imposed for certain fisheries and may include trophy designation, which is a fish 18 inches or greater in length. The bag limit is one fish, except that a fishery may be restricted to catch-and-release fishing, or closed. Single-hook waters may be established. The fishing season is open year round, but fishing is restricted to catch-and-release fishing during the April 1 through May 31 spawning period. If a fishery for a species other than Arctic grayling occurs in the same water body, the use of larger multiple hooks and bait on larger single and multiple hooks is allowed.

(i) Proposals to change the management approach for a water body or fish stock to the special management approach should tend to diversify sport fishing opportunities, such as by limiting fishing to catch-and-release fishing, limiting fishing to fly-fishing, or limiting harvest to fish that qualify for a trophy designation, meaning that a fish retained must be 18 inches or greater in length. Before adopting changes to the special management approach, the board should review any overlapping or concurrent fisheries that harvest other species, and attempt to minimize gear conflicts, or seasonal use pattern conflicts with those fisheries. The board should tend to adopt the special management approach for a fishery exhibiting particular conservation, biological, or restoration issues. The board should tend to adopt the approach for a water body or for a fish stock that presents a unique opportunity for conducting research. That opportunity would exist, for example, where the stock or water body is located near a research facility or within a unique habitat, or where there is an unexploited population that could be studied to determine population parameters such as natural mortality, growth rate, or the age at sexual maturity.

(j) The department shall manage the Nome River and Solomon River under the special management approach.

(k) If a proposal for managing wild Arctic grayling would apply to a water body in which there are fisheries for other species, the department will, if practicable, provide detailed information to the board about potential conflicts that may be caused by the proposal.

(l) In addition to other criteria in this section, the board should consider applicable components of the following issues when dealing with a proposal for managing wild Arctic grayling under the conservative and special management approaches:

(5) historical precedence: the board should tend to establish fishing opportunities in water bodies or on stocks that historically have provided special or unique angling opportunities;

(6) proximity of similar fishing opportunities: the board should tend to establish fishing opportunities where there are no similar types of fisheries that are within one day's travel.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 5/19/2004, Register 170; am 6/7/2007, Register 182; am 3/14/2009, Register 189; am 5/19/2010, Register 194

5 AAC 70.060 Chena and Salcha River King Salmon Sport Harvest Management Plan {#sec-5-aac-70.060 omnilex-key=us-ak-regs-official--title-5--5 AAC 70.060}

Repealed.

History

Eff. 8/18/88, Register 107; am 7/26/90, Register 115; am 6/17/2001, Register 158; repealed 3/14/2009, Register 189

5 AAC 70.065 Northwestern Area Stocked Waters Management Plan {#sec-5-aac-70.065 omnilex-key=us-ak-regs-official--title-5--5 AAC 70.065}

(a) The department shall manage stocked waters in the Northwestern Area in order to meet public demand for diverse fishing opportunities. The department may manage fisheries to provide or maintain qualities that are desired by sport anglers. The department shall manage the stocked waters according to one of three management approaches. The management approaches are the

(1) regional management approach;

(2) conservative management approach; and

(3) special management approach.

(b) The board's regulations that govern stocked waters in the Northwestern Area shall be consistent with the applicable management approach specified in (a) of this section.

(c) When a water body in the Northwestern Area is first stocked, it shall be placed under the regional management approach category. After receiving a proposal from the public, the department, or from the board to reclassify a water body, and when the proposal meets the criteria for a different classification, the board may reclassify the water body. The board will act on a proposal to reclassify a water body or to designate a water body for special management only if the proposal has been submitted according to the procedures set out in 5 AAC 96.610 and is consistent with the board's regular meeting cycle schedule.

(1) limit fishing to

(A) catch-and-release fishing;

(B) fly fishing;

(2) establish seasonal periods when fishing is closed or is restricted to catch-and-release fishing; or

(3) establish a bag limit of one fish, 18 inches or greater in length, or another appropriate bag and size limit.

(g) Repealed 3/14/2009.

(h) Repealed 3/14/2009.

(i) During times of low hatchery output, the commissioner may, by emergency order, modify methods and means, reduce bag limits, or institute a catch-and-release only fishery.

History

Authority: AS 16.05.251
Eff. 5/19/2004, Register 170; am 6/21/2007, Register 182; am 9/12/2008, Register 187; am 3/14/2009, Register 189

5 AAC 70.995 Definition of "catch-and-release fishing" {#sec-5-aac-70.995 omnilex-key=us-ak-regs-official--title-5--5 AAC 70.995}

For the purposes of this chapter, "catch-and-release fishing" means that the sport angler may fish for a species of finfish, but may not retain or possess that species of finfish.

History

Authority: AS 16.05.251
Eff. 5/19/2004, Register 170; am 3/14/2009, Register 189

Chapter 71 Kuskokwim — Goodnews Area

5 AAC 71.001 Application of this chapter {#sec-5-aac-71.001 omnilex-key=us-ak-regs-official--title-5--5 AAC 71.001}

This chapter applies to sport fishing in the Kuskokwim - Goodnews Area.

History

Authority: AS 16.05.251
Eff. 3/14/2009, Register 189

5 AAC 71.005 Description of the Kuskokwim - Goodnews Area {#sec-5-aac-71.005 omnilex-key=us-ak-regs-official--title-5--5 AAC 71.005}

The Kuskokwim - Goodnews Area consists of all waters of the Kuskokwim River drainage, and all waters draining into, and including, the Bering Sea and Kuskokwim Bay south of the westernmost point of the Naskonat Peninsula and north of Cape Newenham.

History

Authority: AS 16.05.251
Eff. 3/14/2009, Register 189

5 AAC 71.010 Seasons and bag, possession, annual, and size limits for the Kuskokwim - Goodnews Area {#sec-5-aac-71.010 omnilex-key=us-ak-regs-official--title-5--5 AAC 71.010}

(a) Except as otherwise specified in this section or through an emergency order issued under AS 16.05.060, sport fishing is permitted year round in the waters of the Kuskokwim - Goodnews Area.

(b) Except as otherwise specified in (c) of this section, the following are the general bag, possession, size limits, and fishing seasons for finfish and shellfish in the waters of the Kuskokwim - Goodnews Area:

(1) king salmon 20 inches or greater in length: the bag and possession limit is three fish, of which only two fish may be 28 inches or greater in length; king salmon may only be taken from May 1 through July 25;

(2) salmon, other than king salmon: the bag and possession limit is five fish, with no size limit;

(3) Arctic char/Dolly Varden and lake trout:

(A) in all lakes: the bag and possession limit is two fish of all species combined, with no size limit;

(B) in all flowing waters: the bag and possession limit is 10 fish of all species combined, of which only two fish may be 20 inches or greater in length, and of which only two fish may be lake trout;

(4) rainbow trout: the bag and possession limit is two fish, of which only one fish may be 20 inches or greater in length;

(5) Arctic grayling: the bag and possession limit is five fish, with no size limit;

(6) sheefish: the bag and possession limit is 10 fish, with no size limit;

(7) northern pike: the bag and possession limit is 10 fish, with no size limit;

(8) burbot: the bag and possession limit is 15 fish, with no size limit;

(9) halibut: may be taken only from February 1 through December 31, with a bag limit of two fish and a possession limit of four fish, with no size limit;

(10) king crab: may be taken in the waters south of 60° N. lat. only from June 1 through January 1; the bag and possession limit is six male crab; the size limit for blue king crab is 5.5 inches minimum carapace width; the size limit for red king crab is 4.75 inches minimum carapace width;

(11) finfish and shellfish species that are not specified in this section: there are no bag, possession, or size limits.

(c) The following are the exceptions to the general bag, possession, and size limits, and fishing seasons specified in (a) and (b) of this section for Kuskokwim - Goodnews Area:

(1) except as otherwise specified in this subsection, in all waters of the Kuskokwim River drainage downstream from a point one-quarter mile upstream from the confluence of the Kuskokwim River with the Holitna River and all other waters draining into Kuskokwim Bay west of Cape Avinof and north of Cape Newenham,

(A) repealed 4/25/2026;

(B) the bag and possession limit for Arctic char/Dolly Varden in all flowing waters is five fish, of which only two fish may be 20 inches or greater in length;

(D) the bag and possession limit for northern pike is five fish, of which only one fish may be 30 inches or greater in length;

(2) in the Holitna River drainage, the bag and possession limit for

(A) Arctic char/Dolly Varden in all flowing waters is three fish, with no size limit;

(B) Arctic grayling is two fish, with no size limit;

(3) in the Aniak River drainage,

(A) the bag and possession limit for king salmon 20 inches or greater in length is two fish, with an annual limit of two fish 20 inches or greater in length; an angler fishing for king salmon must possess and complete a current year's nontransferable harvest record as specified in 5 AAC 75.006;

(B) the bag and possession limit for pink, sockeye, chum, and coho salmon is three fish, with no size limit; however, the aggregate daily bag and possession limit of all salmon species may not exceed three salmon, of which no more than two fish may be king salmon;

(D) rainbow trout may not be possessed or retained; all rainbow trout must be released immediately and returned to the water unharmed;

(E) the bag and possession limit for Arctic grayling is two fish, with no size limit;

(F) the bag and possession limit for sheefish is two fish, with no size limit;

(4) in the Kisaralik River drainage,

(A) upstream from approximately 60° 49.50' N. lat., 160° 55' W. long. (Akiak Village Lodge site), rainbow trout may be taken only by catch-and-release fishing; any rainbow trout caught must be released immediately;

(B) downstream from approximately 60° 49.50' N. lat., 160° 55' W. long. (Akiak Village Lodge site), the bag and possession limit for rainbow trout is two fish, of which only one fish may be 20 inches or greater in length; annual limit of two fish 20 inches or greater in length; an angler fishing for rainbow trout must possess and complete a current year's nontransferable harvest record as specified in 5 AAC 75.006;

(5) in the Kwethluk River drainage, the bag and possession limit for rainbow trout is two fish, of which only one fish may be 20 inches or greater in length; annual limit of two fish 20 inches or greater in length; an angler fishing for rainbow trout must possess and complete a current year's nontransferable harvest record as specified in 5 AAC 75.006;

(6) in the Kasigluk River drainage, the bag and possession limit for rainbow trout is two fish, of which only one fish may be 20 inches in length or greater; annual limit of two fish 20 inches or greater in length; an angler fishing for rainbow trout must possess and complete a current year's nontransferable harvest record as specified in 5 AAC 75.006;

(7) in the Kanektok River drainage,

(A) the bag and possession limit for Arctic char/Dolly Varden in all flowing waters is three fish, with no size limit;

(B) rainbow trout may be taken from November 1 through June 7, with a bag and possession limit of two fish, of which only one fish may be 20 inches or greater in length;

(C) rainbow trout may not be retained or possessed from June 8 through October 31; all rainbow trout must be immediately released;

(D) the bag and possession limit for Arctic grayling is two fish, with no size limit;

(E) repealed 4/25/2026;

(8) in the Arolik River drainage, the bag and possession limit for

(A) Arctic char/Dolly Varden in all flowing waters is three fish, with no size limit;

(B) rainbow trout is two fish, of which only one fish may be 20 inches or greater in length; annual limit of two fish 20 inches or greater in length; an angler fishing for rainbow trout must possess and complete a current year's nontransferable harvest record as specified in 5 AAC 75.006;

(D) repealed 4/25/2026;

(9) in the Goodnews River drainage, the bag and possession limit for

(A) Arctic char/Dolly Varden in all flowing waters is three fish, with no size limit;

(B) Arctic grayling is two fish, with no size limit;

(d) In the Kuskokwim - Goodnews Area, the following special provisions to methods and means apply:

(1) only one unbaited, single-hook, artificial lure may be used in the

(A) Aniak River drainage upstream of Doestock Creek;

(B) Kisaralik River drainage, upstream of 60° 49.50' N. lat., 160° 55' W. long. (Akiak Village Lodge site);

(D) Kasigluk River drainage;

(E) Kanektok River drainage;

(F) Goodnews River drainage;

(2) in the Kanektok and Goodnews River drainages, downstream of the Togiak National Wildlife Wilderness Area boundary, a person may not sport fish within 300 feet of a legally operating subsistence set gillnet.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 3/14/2009, Register 189; am 6/7/2009, Register 190; am 4/13/2013, Register 206; am 2/23/2014, Register 209; am 4/25/2026, Register 258

5 AAC 71.024 Harvest record required; annual limits {#sec-5-aac-71.024 omnilex-key=us-ak-regs-official--title-5--5 AAC 71.024}

Repealed.

History

Eff. 3/14/2009, Register 189; repealed 2/23/2014, Register 209

5 AAC 71.030 Methods, means, and general provisions - Finfish {#sec-5-aac-71.030 omnilex-key=us-ak-regs-official--title-5--5 AAC 71.030}

(a) Unless otherwise provided in this chapter or by an emergency order issued under AS 16.05.060, the provisions in this section apply to finfish sport fishing in the Kuskokwim - Goodnews Area.

(b) In all waters, multiple hooks with a gap between the point and shank greater than one-half inch may be used for taking fish other than salmon.

(c) A spear or bow and arrow may be used to take suckers and burbot. Unless prohibited in 5 AAC 71.010, northern pike and whitefish, except sheefish, may be speared by a person who is completely submerged at any time, and, from September 1 through April 30, may be taken by spear or bow and arrow.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 3/14/2009, Register 189; am 4/13/2013, Register 206

5 AAC 71.035 Methods, means, and general provisions - Shellfish {#sec-5-aac-71.035 omnilex-key=us-ak-regs-official--title-5--5 AAC 71.035}

(a) Unless otherwise provided in this chapter or by an emergency order issued under AS 16.05.060, the provisions in this section apply to shellfish sport fishing in the Kuskokwim - Goodnews Area.

(b) Repealed 7/22/2017.

(d) Until a crab is being processed for human consumption, a person may not mutilate or otherwise disfigure the crab in a manner that would prevent the determination of the minimum size restriction.

(e) A person may not take or possess shellfish that is smaller than the applicable minimum legal size limit set out in 5 AAC 71.010.

(f) The bag and possession limits for sport-harvested shellfish are not in addition to those allowed under subsistence or personal use fishing regulations.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 3/14/2009, Register 189; am 7/22/2017, Register 223

5 AAC 71.040 Kuskokwim - Goodnews Area Wild Lake Trout Management Plan {#sec-5-aac-71.040 omnilex-key=us-ak-regs-official--title-5--5 AAC 71.040}

(a) Notwithstanding the other provisions in this chapter regarding lake trout, the department shall manage wild lake trout populations in the Kuskokwim - Goodnews Area by employing a conservative harvest regime and by maintaining harvest below the maximum sustained yield level. Following sustained yield principles, the department may manage wild lake trout fisheries to provide or maintain fishery qualities that are desired by sport anglers.

(1) reduce the bag and possession limits;

(2) reduce fishing time;

(3) allow only catch-and-release fishing;

(4) modify methods and means of harvest.

(c) If the harvest level in the Kuskokwim - Goodnews Area exceeds sustained yield for a two-year time period, the commissioner, by emergency order, may close the fishery and immediately reopen a fishery during which one or more of the following restrictions apply:

(1) bag and possession limit of one lake trout;

(2) a minimum size limit applies; the size limit shall be established based on the following considerations:

(A) length of maturity, with two years of protection from harvest for spawning fish before recruitment to the fishery;

(B) lake size, with no size limits for a trout population in a lake with a surface area less than 250 acres;

(C) uniformity of size limits, with the minimum size limit 24 inches unless the department determines that there is a biological justification for an alternate size limit;

(A) seasonal closures;

(B) spawning closures, winter closures, or both;

(D) allowing catch-and-release fishing only;

(E) a complete closure of the fishery.

(1) reduced fishing season;

(2) special gear restrictions;

(3) alternative size limits;

(4) catch-and-release fishing only.

(e) The department shall minimize potential conflicts with a subsistence fishery, or other fisheries that overlap the sport fishery, that harvest other fish within the same body of water.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 3/14/2009, Register 189

5 AAC 71.055 Kuskokwim - Goodnews Area Wild Arctic Grayling Management Plan {#sec-5-aac-71.055 omnilex-key=us-ak-regs-official--title-5--5 AAC 71.055}

(a) By employing a conservative harvest regime, the department shall manage wild Arctic grayling populations in the Kuskokwim - Goodnews Area for long-term sustained yield. Following sustained yield principles, the department may manage wild Arctic grayling fisheries to provide or maintain fishery qualities that are desired by sport anglers.

(1) reduce the bag and possession limits;

(2) reduce fishing time;

(3) allowing only catch-and-release fishing;

(4) modify methods and means of harvest.

(1) regional management approach;

(2) conservative management approach; and

(3) special management approach.

(f) Proposed changes to the conservative management approach may

(1) allow a limited harvest of fish 18 inches or greater in length;

(2) accommodate a fishery that is consistent with this management approach due to its historic features; or

(3) propose another management strategy for a fishery that has documented biological or conservation issues that are not severe enough to warrant a catch-and-release fishing restriction.

(g) The department shall manage the Aniak River drainage, Arolik River drainage, Holitna River, Kanektok River, and Goodnews River under the conservative management approach.

(i) Proposals to change the management approach for a water body or fish stock to the special management approach should tend to diversify sport fishing opportunities, such as by limiting fishing to catch-and-release fishing, limiting fishing to fly-fishing, or limiting harvest to fish that qualify for a trophy designation, meaning that a fish retained must be 18 inches or greater in length. Before adopting changes to the special management approach, the board should review any overlapping or concurrent fisheries that harvest other species, and attempt to minimize gear conflicts, or seasonal use pattern conflicts with those fisheries. The board should tend to adopt the special management approach for a fishery exhibiting particular conservation, biological, or restoration issues. The board should tend to adopt the approach for a water body or for a fish stock that presents a unique opportunity for conducting research. That opportunity would exist, for example, where the stock or water body is located near a research facility or within a unique habitat, or where there is an unexploited population that could be studied to determine population parameters such as natural mortality, growth rate, or the age at sexual maturity.

(j) If a proposal for managing wild Arctic grayling would apply to a water body in which there are fisheries for other species, the department will, if practicable, provide detailed information to the board about potential conflicts that may be caused by the proposal.

(5) historical precedence: the board should tend to establish fishing opportunities in water bodies or on stocks that historically have provided special or unique angling opportunities;

(6) proximity of similar fishing opportunities: the board should tend to establish fishing opportunities where there are no similar types of fisheries that are within one day's travel.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 3/14/2009, Register 189; am 5/19/2010, Register 194

5 AAC 71.065 Kuskokwim - Goodnews Area Stocked Waters Management Plan {#sec-5-aac-71.065 omnilex-key=us-ak-regs-official--title-5--5 AAC 71.065}

(a) The department shall manage stocked waters in the Kuskokwim - Goodnews Area in order to meet public demand for diverse fishing opportunities. The department may manage fisheries to provide or maintain qualities that are desired by sport anglers. The department shall manage the stocked waters according to one of three management approaches. The management approaches are the

(1) regional management approach;

(2) conservative management approach; and

(3) special management approach.

(b) The board's regulations that govern stocked waters in the Kuskokwim - Goodnews Area shall be consistent with the applicable management approach specified in (a) of this section.

(c) When a water body in the Kuskokwim - Goodnews Area is first stocked, it shall be placed under the regional management approach category. After receiving a proposal from the public, the department, or from the board to reclassify a water body, and when the proposal meets the criteria for a different classification, the board may reclassify the water body. The board will act on a proposal to reclassify a water body or to designate a water body for special management only if the proposal has been submitted according to the procedures set out in 5 AAC 96.610 and is consistent with the board's regular meeting cycle schedule.

(1) limit fishing to

(A) catch-and-release fishing;

(B) fly fishing;

(2) establish seasonal periods when fishing is closed or is restricted to catch-and-release fishing; or

(3) establish a bag limit of one fish, 18 inches or greater in length, or another appropriate bag and size limit.

(g) During times of low hatchery output, the commissioner may, by emergency order, modify methods and means, reduce bag limits, or institute a catch-and-release fishing only fishery.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 3/14/2009, Register 189

5 AAC 71.995 Definition of "catch-and-release fishing" {#sec-5-aac-71.995 omnilex-key=us-ak-regs-official--title-5--5 AAC 71.995}

For the purposes of this chapter, "catch-and-release fishing" means that the sport angler may fish for a species of finfish, but may not retain or possess that species of finfish.

History

Authority: AS 16.05.251
Eff. 3/14/2009, Register 189

Chapter 72 (Repealed)

This chapter applies to sport fishing in the Yukon River Area.

History

Authority: AS 16.05.251
Eff. 3/14/2009, Register 189

5 AAC 73.005 Description of the Yukon River Area {#sec-5-aac-73.005 omnilex-key=us-ak-regs-official--title-5--5 AAC 73.005}

The Yukon River Area consists of all waters of the Yukon River drainage, excluding the Tanana River drainage, and all waters draining into, and including, Norton Sound and the Bering Sea south of Point Romanof and north of the westernmost point of Naskonat Peninsula.

History

Authority: AS 16.05.251
Eff. 3/14/2009, Register 189; am 5/19/2010, Register 194

5 AAC 73.010 Seasons, bag, possession, and size limits, and methods and means for the Yukon River Area {#sec-5-aac-73.010 omnilex-key=us-ak-regs-official--title-5--5 AAC 73.010}

(a) Except as otherwise specified in this section or through an emergency order issued under AS 16.05.060, sport fishing is permitted year round in the waters of the Yukon River Area.

(b) Except as otherwise specified in (c) of this section, the following are the general bag, possession, and size limits for finfish and shellfish in the waters of the Yukon River Area:

(1) king salmon 20 inches or greater in length: the bag and possession limit is three fish, of which only two fish may be 28 inches or greater in length; in all waters, a king salmon that is removed from the water must be retained and becomes part of the bag limit of the person who originally hooked the fish; a person may not remove a king salmon from the water before releasing the fish;

(2) salmon, other than king salmon: the bag and possession limit is 10 fish, with no size limit;

(3) Arctic char/Dolly Varden and lake trout:

(A) in all lakes: the bag and possession limit is two fish of all species combined, with no size limit;

(B) in all flowing waters: the bag and possession limit is 10 fish of all species combined, of which only two fish may be 20 inches or greater in length, and of which only two fish may be lake trout;

(4) repealed 5/22/2016;

(5) Arctic grayling: the bag and possession limit is five fish, with no size limit;

(6) sheefish: the bag and possession limit is 10 fish, with no size limit;

(7) northern pike: the bag and possession limit is 10 fish, with no size limit;

(8) burbot: the bag and possession limit is 15 fish, with no size limit;

(9) halibut: may be taken only from February 1 through December 31, with a bag limit of two fish and a possession limit of four fish, with no size limit;

(10) finfish and shellfish species that are not specified in this section: there are no bag, possession, or size limits;

(11) repealed 7/22/2017;

(c) The following are the exceptions to the general bag, possession, and size limits, and fishing seasons specified in (a) of this section for the Yukon River Area:

(1) in all waters of the Innoko River drainage, including all waters draining into the Yukon River from Holy Cross downstream to and including Paimiut Slough, the bag and possession limit for northern pike is three fish, of which only one fish may be 30 inches or greater in length;

(2) in all waters upstream from the mouth of the Tanana River to and including the Hodzana River, the bag and possession limit for northern pike is five fish, of which only one fish may be 30 inches or greater in length;

(3) in all waters of the Dall River drainage and in all waters of the Little Dall River drainage, northern pike may be taken only from May 20 through September 30, with a bag and possession limit of four fish less than 30 inches in length and only one fish which may be 48 inches or greater in length; all northern pike caught that are at least 30 inches, but less than 48 inches in length, may not be possessed or retained and must be immediately released;

(4) in the Dalton Highway corridor (Trans-Alaska Pipeline corridor) within the Yukon River Area, which is described as a corridor five miles wide on each side of the Dalton Highway north of the Yukon River, excluding the Ray River,

(A) sport fishing for salmon is closed;

(B) lake trout may be taken only by catch-and-release fishing, and may not be possessed or retained; all lake trout caught must be immediately released;

(C) the bag and possession limit for northern pike is five fish, of which only one fish may be 30 inches or greater in length;

(5) in the Nome Creek drainage of the Beaver Creek, Arctic grayling may be taken only by catch-and-release fishing, and may not be possessed or retained; all Arctic grayling caught must be immediately released;

(6) in the waters of the Nowitna River drainage, the bag and possession limit for northern pike is five fish, of which only one fish may be 30 inches or greater in length.

(d) In the Yukon River Area, the following special provisions to methods and means apply:

(1) in the Dall River and Little Dall River drainages,

(A) only unbaited, single-hook, artificial lures may be used;

(B) the use of set lines is prohibited;

(2) from April 1 through May 31, in the Nome Creek drainage of Beaver Creek, only unbaited, single-hook, artificial lures may be used.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 3/14/2009, Register 189; am 5/22/2016, Register 218; am 7/22/2017, Register 223; am 5/24/2023, Register 246

5 AAC 73.030 Methods, means, and general provisions - Finfish {#sec-5-aac-73.030 omnilex-key=us-ak-regs-official--title-5--5 AAC 73.030}

(a) Unless otherwise provided in this chapter or by an emergency order issued under AS 16.05.060, the provisions in this section apply to finfish sport fishing in the Yukon River Area.

(b) In all waters, multiple hooks with a gap between the point and shank greater than one-half inch may be used for taking fish other than salmon.

(c) A spear or bow and arrow may be used to take suckers and burbot. Unless prohibited in 5 AAC 73.010, northern pike and whitefish, except sheefish, may be speared by a person who is completely submerged at any time, and, from September 1 through April 30, may be taken by spear or bow and arrow.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 3/14/2009, Register 189; am 4/13/2013, Register 206

5 AAC 73.040 Yukon River Area Wild Lake Trout Management Plan {#sec-5-aac-73.040 omnilex-key=us-ak-regs-official--title-5--5 AAC 73.040}

(a) Notwithstanding the other provisions in this chapter regarding lake trout, the department shall manage wild lake trout populations in the Yukon River Area by employing a conservative harvest regime and by maintaining harvest below the maximum sustained yield level. Following sustained yield principles, the department may manage wild lake trout fisheries to provide or maintain fishery qualities that are desired by sport anglers.

(1) reduce bag and possession limits;

(2) reduce fishing time;

(3) allow only catch-and-release fishing;

(4) modify methods and means of harvest.

(c) If the harvest level in the Yukon River Area exceeds sustained yield for a two-year time period, the commissioner, by emergency order, may close the fishery and immediately reopen a fishery during which one or more of the following restrictions apply:

(1) bag and possession limit of one lake trout;

(2) a minimum size limit applies: the size limit shall be established based on the following considerations:

(A) length of maturity, with two years of protection from harvest for spawning fish before recruitment to the fishery;

(B) lake size, with no size limits for a trout population in a lake with a surface area less than 250 acres;

(C) uniformity of size limits, with the minimum size limit 24 inches, unless the department determines that there is a biological justification for an alternate size limit;

(A) seasonal closures;

(B) spawning closures, winter closures, or both;

(D) allowing catch-and-release fishing only;

(E) a complete closure of the fishery.

(1) reduced fishing season;

(2) special gear restrictions;

(3) alternative size limits;

(4) catch-and-release fishing only.

(e) The department shall minimize potential conflicts with a subsistence fishery, or other fisheries that overlap the sport fishery, that harvest other fish within the same body of water.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 3/14/2009, Register 189

5 AAC 73.055 Yukon River Area Wild Arctic Grayling Management Plan {#sec-5-aac-73.055 omnilex-key=us-ak-regs-official--title-5--5 AAC 73.055}

(a) By employing a conservative harvest regime, the department shall manage wild Arctic grayling populations in the Yukon River Area for long-term sustained yield. Following sustained yield principles, the department may manage wild Arctic grayling fisheries to provide or maintain fishery qualities that are desired by sport anglers.

(1) reduce the bag and possession limits;

(2) reduce fishing time;

(3) allowing only catch-and-release fishing;

(4) modify methods and means of harvest.

(1) regional management approach;

(2) conservative management approach; and

(3) special management approach.

(f) Proposed changes to the conservative management approach may

(1) allow a limited harvest of fish 18 inches or greater in length;

(2) accommodate a fishery that is consistent with this management approach due to its historic features; or

(3) propose another management strategy for a fishery that has documented biological or conservation issues that are not severe enough to warrant a catch-and-release fishing restriction.

(h) Proposals to change the management approach for a water body or fish stock to the special management approach should tend to diversify sport fishing opportunities, such as by limiting fishing to catch-and-release fishing, limiting fishing to fly-fishing, or limiting harvest to fish that qualify for a trophy designation, meaning that a fish retained must be 18 inches or greater in length. Before adopting changes to the special management approach, the board should review any overlapping or concurrent fisheries that harvest other species, and attempt to minimize gear conflicts, or seasonal use pattern conflicts with those fisheries. The board should tend to adopt the special management approach for a fishery exhibiting particular conservation, biological, or restoration issues. The board should tend to adopt the approach for a water body or for a fish stock that presents a unique opportunity for conducting research. That opportunity would exist, for example, where the stock or water body is located near a research facility or within a unique habitat, or where there is an unexploited population that could be studied to determine population parameters such as natural mortality, growth rate, or the age at sexual maturity.

(i) The department shall manage the Nome Creek under the special management approach.

(5) historical precedence: the board should tend to establish fishing opportunities in water bodies or on stocks that historically have provided special or unique angling opportunities;

(6) proximity of similar fishing opportunities: the board should tend to establish fishing opportunities where there are no similar types of fisheries that are within one day's travel.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 3/14/2009, Register 189; am 5/19/2010, Register 194

5 AAC 73.065 Yukon River Area Stocked Waters Management Plan {#sec-5-aac-73.065 omnilex-key=us-ak-regs-official--title-5--5 AAC 73.065}

(a) The department shall manage stocked waters in the Yukon River Area in order to meet public demand for diverse fishing opportunities. The department may manage fisheries to provide or maintain qualities that are desired by sport anglers. The department shall manage the stocked waters according to one of three management approaches. The management approaches are the

(1) regional management approach;

(2) conservative management approach; and

(3) special management approach.

(b) The board's regulations that govern stocked waters in the Yukon River Area shall be consistent with the applicable management approach specified in (a) of this section.

(c) When a water body in the Yukon River Area is first stocked, it shall be placed under the regional management approach category. After receiving a proposal from the public, the department, or from the board to reclassify a water body, and when the proposal meets the criteria for a different classification, the board may reclassify the water body. The board will act on a proposal to reclassify a water body or to designate a water body for special management only if the proposal has been submitted according to the procedures set out in 5 AAC 96.610 and is consistent with the board's regular meeting cycle schedule.

(1) limit fishing to

(A) catch-and-release fishing;

(B) fly fishing;

(2) establish seasonal periods when fishing is closed or is restricted to catch-and-release fishing; or

(3) establish a bag limit of one fish, 18 inches or greater in length, or another appropriate bag and size limit.

(g) During times of low hatchery output, the commissioner may, by emergency order, modify methods and means, reduce bag limits, or institute a catch-and-release fishing only fishery.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 3/14/2009, Register 189

5 AAC 73.995 Definition of "catch-and-release fishing" {#sec-5-aac-73.995 omnilex-key=us-ak-regs-official--title-5--5 AAC 73.995}

For the purposes of this chapter, "catch-and-release fishing" means that the sport angler may fish for a species of finfish, but may not retain or possess that species of finfish.

History

Authority: AS 16.05.251
Eff. 3/14/2009, Register 189

Chapter 74 Tanana River Area

5 AAC 74.001 Application of this chapter {#sec-5-aac-74.001 omnilex-key=us-ak-regs-official--title-5--5 AAC 74.001}

This chapter applies to sport fishing in the Tanana River Area.

History

Authority: AS 16.05.251
Eff. 3/14/2009, Register 189

5 AAC 74.005 Description of the Tanana River Area {#sec-5-aac-74.005 omnilex-key=us-ak-regs-official--title-5--5 AAC 74.005}

The Tanana River Area consists of all waters of the Tanana River drainage.

History

Authority: AS 16.05.251
Eff. 3/14/2009, Register 189

5 AAC 74.010 Seasons, bag, possession, and size limits, and methods and means for the Tanana River Area {#sec-5-aac-74.010 omnilex-key=us-ak-regs-official--title-5--5 AAC 74.010}

(a) Except as otherwise specified in this section or through an emergency order issued under AS 16.05.060, sport fishing is permitted year round in the waters of the Tanana River Area.

(b) Except as otherwise specified in (c) and (d) of this section, the following are the general bag, possession, and size limits and means for finfish in the waters of the Tanana River Area:

(1) king salmon 20 inches or greater in length: the bag and possession limit is one fish; in all waters, except stocked lakes specified in (c)(29) of this section, a king salmon that is removed from the water must be retained and becomes part of the bag limit of the person who originally hooked the fish; a person may not remove a king salmon from the water before releasing the fish;

(2) salmon, other than king salmon: the bag and possession limit is three fish, with no size limit;

(3) Arctic char/Dolly Varden: the bag and possession limit is 10 fish, with no size limit;

(4) lake trout: the bag and possession limit is two fish, with no size limit;

(5) repealed 6/28/2019;

(6) Arctic grayling: the bag and possession limit is five fish, with no size limit;

(7) whitefish: the bag and possession limit is 15 fish, with no size limit;

(8) sheefish: the bag and possession limit is two fish, with no size limit;

(9) northern pike: the bag and possession limit is five fish, of which only one fish may be 30 inches or greater in length;

(10) burbot: the bag and possession limit is 15 fish, with no size limit;

(11) finfish species that are not specified in this section: there are no bag, possession, or size limits;

(12) repealed 7/28/2023.

(c) The following are the exceptions to the general bag, possession, size limits, means, and fishing seasons specified in (a) and (b) of this section for the Tanana River Area:

(1) in all lakes of the Tanana River drainage, except those stocked lakes listed under (29) of this subsection, and unless otherwise specified in this subsection, the following exceptions apply:

(A) repealed 4/13/2013;

(B) burbot: the bag and possession limit is five fish, with no size limit;

(2) in the Chatanika River and its tributaries,

(A) sport fishing for salmon is closed upstream of the upstream edge of the Elliott Highway Bridge;

(B) repealed 5/19/2010;

(D) northern pike may only be taken from April 15 through October 14;

(3) in the Chena River and its tributaries, including Chena Slough (Badger Slough),

(A) sport fishing for salmon is closed upstream from an ADF&G regulatory marker located 300 feet downstream from the Chena River flood control structure;

(B) upstream from an ADF&G regulatory marker located 300 feet downstream from the Chena River flood control structure, Arctic grayling may be taken by catch-and-release fishing only;

(C) downstream from an ADF&G regulatory marker located 300 feet downstream from the Chena River flood control structure, the bag and possession limit for Arctic grayling is one fish, any size from June 1 through March 31;

(4) repealed 6/28/2019;

(5) in the Delta Clearwater River drainage, including the Clearwater Lake drainage, the bag and possession limit for Arctic grayling is one fish, 12 inches or less in length; all Arctic grayling caught that are greater than 12 inches in length must be released immediately;

(6) in the Delta River and its tributaries,

(A) sport fishing for salmon is closed;

(B) all sport fishing is closed in that portion of the Delta River between its mouth and an ADF&G regulatory marker located two miles upstream;

(7) repealed 4/13/2013;

(8) repealed 6/28/2019;

(9) in Fielding Lake,

(A) repealed 4/13/2013;

(B) lake trout may be taken only from October 1 through August 31, with a bag and possession limit of one fish;

(C) burbot may be taken only from October 1 through August 31, with a bag and possession limit of one fish, with no size limit;

(10) in Five Mile Clearwater Creek, the bag and possession limit for Arctic grayling is two fish, of which only one fish may be 12 inches or greater in length;

(11) repealed 5/19/2010;

(12) the Goodpaster River drainage is closed to sport fishing for salmon, except that downstream from ADF&G regulatory markers located approximately 25 miles upstream from the confluence with the Tanana River, catch-and-release fishing for king salmon is allowed; king salmon may not be removed from the water and must be released immediately without further harm;

(13) in Harding Lake,

(A) northern pike may only be taken by catch-and-release fishing;

(B) the bag and possession limit for burbot is two fish, with no size limit;

(C) the bag and possession limit for lake trout is one fish, 30 inches or greater in length; all lake trout caught that are less than 30 inches in length must be released immediately;

(D) the bag and possession limit for Arctic char/Dolly Varden is 10 fish, of which only one fish may be 18 inches or greater in length;

(14) in the Kantishna River drainage downstream from the mouth of the Toklat River, sport fishing for chum salmon is closed from August 15 through December 31;

(15) repealed 6/28/2019;

(16) repealed 4/13/2013;

(17) in Piledriver Slough and its tributaries and in the Moose Creek drainage, finfish species may be taken by catch-and-release fishing only;

(18) repealed 4/25/2026;

(19) repealed 5/19/2010;

(20) in the Salcha River and its tributaries,

(A) sport fishing for salmon is closed upstream from an ADF&G regulatory marker located approximately two and one-half miles upstream from the Richardson Highway Bridge;

(B) repealed 5/19/2010;

(21) repealed 4/25/2026;

(22) in "T" Lake, the bag and possession limit for burbot is two fish, with no size limit;

(23) repealed 4/25/2026;

(24) in the Tangle Lake system, including all waters of the Delta River drainage upstream from Wild Horse Creek,

(A) repealed 2/23/2014;

(B) the bag and possession limit for lake trout is one fish, with no size limit;

(25) in the Toklat River drainage between approximately one mile upstream and two miles downstream of the Kobi-McGrath trail crossing, enclosed by the following four points: 64° 08.21' N. lat., 150° 01.16' W. long., to 64° 08.21' N. lat., 149° 58.38' W. long., to 64° 10.66' N. lat., 150° 02.09' W long., to 64° 10.66' N. lat.; 149° 59.72' W. long., sport fishing is closed from August 15 through May 15;

(26) in the Tok River drainage,

(A) Arctic char/Dolly Varden may be taken by catch-and-release fishing only;

(B) Arctic grayling may be taken from May 15 through October 31, with a bag and possession limit of two fish, with no size limit;

(27) in the Tolovana River drainage, northern pike may only be taken from April 15 through October 14;

(28) repealed 4/25/2026;

(29) in stocked waters, the bag, possession, and size limit for rainbow trout, Arctic char or Dolly Varden, landlocked salmon, lake trout, and Arctic grayling is 10 of all stocked species combined, of which no more than two fish may be lake trout and only one fish may be 18 inches or greater in length; for the purposes of this paragraph, "stocked waters" include Backdown Lake, Ballaine Lake, Big "D" Pond, Birch Lake, Bluff Cabin Lake, Bolio Lake, Brodie Lake, Bullwinkle Lake, Chena Lake, Chet Lake, CHSR 25.0 Mile Pit, CHSR 30.0 Mile Pit, CHSR 45.5 Mile Pit, CHSR 47.9 Mile Pit, CHSR 56.0 Mile Pit, Coal Mine Road #5, Craig Lake, Cushman Lake, Dick's Pond, Doc Lake, Donna Lake, Donnelly Lake, Dune Lake, Forrest Lake, Four Mile Lake, Fourteen Mile Lake, Geskakmina Lake, Ghost Lake, Grayling Lake (Eielson Air Force Base), Hidden Lake (Eielson Air Force Base), Hidden Lake (Tetlin NWR), Horseshoe Lake, "J" Lake, Jan Lake, Johnson Pit #2, Kenna Lake, Ken's Pond, Kids Fishing Pond, Koole Lake, Last Lake, Lisa Lake, Little Donna Lake, Little Harding Lake, Little Lost Lake, Lost Lake, Lundgren Pond, Manchu Lake, Mark Lake, Monte Lake, Monterey Lake, Mosquito Creek Lake, Mullins Pit, Nenana City Pond, Nickel Lake, Nordale #2, North Chena Pond, North Pole Pond, North Twin Lake, Olnes Pond, Otto Lake, Parks 261 Pond, Parks 285 Pond, Paul's Pond, Pyrite Pond, Quartz Lake, Rainbow Lake, Rangeview Lake, Rapids Lake, Richardson Hwy. 28 Mile Pit, Richardson Hwy. 31 Mile Pit, Richardson Hwy. 81 Mile Pit, Shaw Pond, Sansing Pond, Sheefish Lake, Sirlin Drive Pond, South Twin Lake, Steese Hwy. 29.5 Mile Pit, Steese Hwy. 31.6 Mile Pit, Steese Hwy. 33.5 Mile Pit, Steese Hwy. 34.6 Mile Pit, Steese Hwy. 35.8 Mile Pit, Steese Hwy. 36.6 Mile Pit, Stringer Rd. Pond, Triangle Lake, Wainwright #6, Weigh Station #1, Weigh Station #2, Weasel Lake, West Iksgiza Lake, Z Pit (Chena Floodway);

(30) repealed 6/28/2019;

(31) repealed 4/13/2013;

(32) repealed 6/28/2019;

(33) in Bathing Beauty Pond, Bear Lake, Moose Lake, and Polaris Lake, finfish species may be taken by catch-and-release fishing only.

(d) In the Tanana River Management Area, the following special provisions to methods and means apply:

(1) from October 15 through May 15, set lines may be used to take burbot in all lakes in the Tanana River drainage, except

(A) Clearwater Lake;

(B) Fielding Lake;

(D) Harding Lake;

(E) Jack Lake;

(F) "T" Lake; and;

(G) the Tangle Lake system;

(2) in the Chatanika River and its tributaries, only unbaited artificial lures may be used, except that bait may be used only on hooks with a gap size larger than three-quarters of an inch;

(3) in the Chatanika River drainage upstream from the confluence of the Chatanika River and Goldstream Creek to an ADF&G regulatory marker located at the boundary of the Fairbanks nonsubsistence area, which is located approximately one mile downstream from the Murphy Dome Road, only single-hooks may be used;

(4) in the Chatanika River, whitefish may not be taken with

(A) spear; or

(B) bow and arrow;

(5) in the Chena River and its tributaries, including Chena Slough (Badger Slough),

(A) only one unbaited, single-hook, artificial lure may be used, except that a treble hook with a gap between hook and shank greater than one-half inch may be used when taking fish other than salmon;

(B) bait may be used only on a single hook with a gap size larger than three-quarters of an inch;

(6) in the Delta Clearwater River drainage, including the Clearwater Lake drainage, from

(A) January 1 through August 31, only one unbaited, single-hook, artificial lure may be used;

(B) September 1 through December 31, only unbaited, artificial lures may be used;

(7) in Fielding Lake,

(A) the use of set lines is prohibited;

(B) only unbaited single-hook, artificial lures may be used;

(8) in Five-Mile Clearwater Creek, from

(A) January 1 through August 31, only one unbaited, single-hook, artificial lure may be used;

(B) September 1 through December 31, only unbaited, artificial lures may be used;

(9) in George Lake, including the George Lake outlet stream, from October 15 through May 15, set lines may be used only to take burbot;

(10) Harding Lake is closed to the taking of northern pike by spear or bow and arrow;

(11) in Harding Lake,

(A) the use of set lines is prohibited;

(B) only one single hook or one single-hook artificial lure may be used;

(12) repealed 4/13/2013;

(13) in Piledriver Slough and in the Moose Creek drainage, only one unbaited, single-hook, artificial lure may be used;

(14) in the Richardson Clearwater River drainage only unbaited, artificial lures may be used;

(15) in the Salcha River and its tributaries only unbaited, artificial lures may be used, except that bait may be used only on hooks with a gap size larger than three-quarters of an inch throughout the Salcha River drainage;

(16) repealed 4/25/2026;

(17) in "T" Lake, the use of set lines is prohibited;

(18) repealed 4/25/2026;

(19) in the Tangle Lake system, the use of set lines is prohibited;

(20) in the Goodpaster River drainage, from June 1 through August 31, only one unbaited single-hook, artificial lure may be used;

(21) in the Tok River drainage, only one unbaited, single-hook, artificial lure may be used;

(22) in Clearwater Lake, the use of set lines is prohibited.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 3/14/2009, Register 189; am 6/7/2009, Register 190; am 11/28/2009, Register 192; am 5/19/2010, Register 194; am 4/13/2013, Register 206; am 2/23/2014, Register 209; am 5/22/2016, Register 218; am 6/28/2019, Register 230; am 5/24/2023, Register 246; am 7/28/2023, Register 247; am 4/25/2026, Register 258

5 AAC 74.030 Methods, means, and general provisions - Finfish {#sec-5-aac-74.030 omnilex-key=us-ak-regs-official--title-5--5 AAC 74.030}

(a) Unless otherwise provided in this chapter or by an emergency order issued under AS 16.05.060, the provisions in this section apply to finfish sport fishing in the Tanana River Area.

(b) In all waters, multiple hooks with a gap between the point and shank greater than one-half inch may be used for taking fish other than salmon.

(c) A spear or bow and arrow may be used to take suckers and burbot. Unless prohibited in 5 AAC 74.010, northern pike and whitefish, except sheefish, may be speared by a person who is completely submerged at any time, and, from September 1 through April 30, may be taken by spear or bow and arrow.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 3/14/2009, Register 189; am 4/13/2013, Register 206

5 AAC 74.035 Ice house registration {#sec-5-aac-74.035 omnilex-key=us-ak-regs-official--title-5--5 AAC 74.035}

Repealed.

History

Eff. 7/28/2023, Register 247; repealed 4/25/2026, Register 258

5 AAC 74.040 Tanana River Area Wild Lake Trout Management Plan {#sec-5-aac-74.040 omnilex-key=us-ak-regs-official--title-5--5 AAC 74.040}

(a) Notwithstanding the other provisions in this chapter regarding lake trout, the department shall manage wild lake trout populations in the Tanana River Area by employing a conservative harvest regime and by maintaining harvest below the maximum sustained yield level. Following sustained yield principles, the department may manage wild lake trout fisheries to provide or maintain fishery qualities that are desired by sport anglers.

(1) reduce bag and possession limits;

(2) reduce fishing time;

(3) allow only catch-and-release fishing;

(4) modify methods and means of harvest.

(c) If the harvest level in the Tanana River Area exceeds sustained yield for a two-year time period, the commissioner, by emergency order, may close the fishery and immediately reopen a fishery during which one or more of the following restrictions apply:

(1) bag and possession limit of one lake trout;

(2) a minimum size limit applies; the size limit shall be established based on the following considerations:

(A) length of maturity, with two years of protection from harvest for spawning fish before recruitment to the fishery;

(B) lake size, with no size limits for a trout population in a lake with a surface area less than 250 acres;

(C) uniformity of size limits, with the minimum size limit 24 inches, unless the department determines that there is a biological justification for an alternate size limit;

(A) seasonal closures;

(B) spawning closures, winter closures, or both;

(D) allowing catch-and-release fishing only;

(E) a complete closure of the fishery.

(1) reduced fishing season;

(2) special gear restrictions;

(3) alternative size limits;

(4) catch-and-release fishing only.

(e) The department shall minimize potential conflicts with a subsistence fishery, or other fisheries that overlap the sport fishery, that harvest other fish within the same body of water.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 3/14/2009, Register 189

5 AAC 74.044 Minto Flats Northern Pike Management Plan {#sec-5-aac-74.044 omnilex-key=us-ak-regs-official--title-5--5 AAC 74.044}

(b) The department shall manage the Minto Flats northern pike sport fishery as follows:

(1) the maximum exploitation rate of northern pike in the lakes and flowing waters of the Minto Flats by all users may not exceed 20 percent annually;

(2) the following provisions apply to the harvest of northern pike in the Minto Flats area sport fishery:

(A) the open fishing season is from April 15 through October 14;

(B) the daily bag and possession limit is five fish per day, only one of which may be 30 inches or more in length; and

(C) in the Chatanika River drainage upstream from the confluence of the Chatanika River and Goldstream Creek to an ADF&G regulatory marker located at the boundary of the Fairbanks Nonsubsistence Area (approximately one mile downstream from the Murphy Dome Road), only single hooks may be used.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 3/14/2009, Register 189; am 5/19/2010, Register 194; am 4/25/2026, Register 258

5 AAC 74.055 Tanana River Area Wild Arctic Grayling Management Plan {#sec-5-aac-74.055 omnilex-key=us-ak-regs-official--title-5--5 AAC 74.055}

(a) By employing a conservative harvest regime, the department shall manage wild Arctic grayling populations in the Tanana River Area for long-term sustained yield. Following sustained yield principles, the department may manage wild Arctic grayling fisheries to provide or maintain fishery qualities that are desired by sport anglers.

(1) reduce the bag and possession limits;

(2) reduce fishing time;

(3) allowing only catch-and-release fishing;

(4) modify methods and means of harvest.

(1) regional management approach;

(2) conservative management approach; and

(3) special management approach.

(f) Proposed changes to the conservative management approach may

(1) allow a limited harvest of fish 18 inches or greater in length;

(2) accommodate a fishery that is consistent with this management approach due to its historic features; or

(3) propose another management strategy for a fishery that has documented biological or conservation issues that are not severe enough to warrant a catch-and-release fishing restriction.

(g) The department shall manage Five-Mile Clearwater Creek and the Tok River drainage under the conservative management approach.

(i) Proposals to change the management approach for a water body or fish stock to the special management approach should tend to diversify sport fishing opportunities, such as by limiting fishing to catch-and-release fishing, limiting fishing to fly-fishing, or limiting harvest to fish that qualify for a trophy designation, meaning that a fish retained must be 18 inches or greater in length. Before adopting changes to the special management approach, the board should review any overlapping or concurrent fisheries that harvest other species, and attempt to minimize gear conflicts, or seasonal use pattern conflicts with those fisheries. The board should tend to adopt the special management approach for a fishery exhibiting particular conservation, biological, or restoration issues. The board should tend to adopt the approach for a water body or for a fish stock that presents a unique opportunity for conducting research. That opportunity would exist, for example, where the stock or water body is located near a research facility or within a unique habitat, or where there is an unexploited population that could be studied to determine population parameters such as natural mortality, growth rate, or the age at sexual maturity.

(j) The department shall manage the Chena River, Piledriver Slough and its tributaries upstream from Moose Creek, and Delta Clearwater River under the special management approach.

(5) historical precedence: the board should tend to establish fishing opportunities in water bodies or on stocks that historically have provided special or unique angling opportunities;

(6) proximity of similar fishing opportunities: the board should tend to establish fishing opportunities where there are no similar types of fisheries that are within a day's travel.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 3/14/2009, Register 189; am 5/19/2010, Register 194

5 AAC 74.060 Chena and Salcha River King Salmon Sport Harvest Management Plan {#sec-5-aac-74.060 omnilex-key=us-ak-regs-official--title-5--5 AAC 74.060}

The department shall manage the king salmon fisheries within the Chena and Salcha river systems to achieve the established biological escapement goals. The commissioner shall make adjustments to harvest amounts and fishing restrictions by emergency order according to inriver abundance and subsistence restrictions in the Tanana River drainage.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 3/14/2009, Register 189

5 AAC 74.065 Tanana River Area Stocked Waters Management Plan {#sec-5-aac-74.065 omnilex-key=us-ak-regs-official--title-5--5 AAC 74.065}

(a) The department shall manage stocked waters in the Tanana River Area in order to meet public demand for diverse fishing opportunities. The department may manage fisheries to provide or maintain qualities that are desired by sport anglers. The department shall manage the stocked waters according to one of three management approaches. The management approaches are the

(1) regional management approach;

(2) conservative management approach; and

(3) special management approach.

(b) The board's regulations that govern stocked waters in the Tanana River Area shall be consistent with the applicable management approach specified in (a) of this section.

(c) When a water body in the Tanana River Area is first stocked, it shall be placed under the regional management approach category. After receiving a proposal from the public, the department, or from the board to reclassify a water body, and when the proposal meets the criteria for a different classification, the board may reclassify the water body. The board will act on a proposal to reclassify a water body or to designate a water body for special management only if the proposal has been submitted according to the procedures set out in 5 AAC 96.610 and is consistent with the board's regular meeting cycle schedule.

(d) Regional management approach. Under the regional management approach, stocked waters will be managed so that there will be a reasonable expectation of high catch rates and harvesting a daily bag limit. The bag and possession limit is 10 fish in combination of all stocked species, of which only two fish may be lake trout, and only one of those 10 fish in combination may be 18 inches or greater in length. The fishing season is open year round and bait may be used.

(e) Conservative management approach. Under the conservative management approach, stocked waters will be managed so that there will be a reasonable expectation to catch a daily bag limit with a reasonable chance of catching fish 18 inches or greater in length. The bag and possession limit is five fish in combination of all stocked species, of which only two fish may be lake trout, and only one of those five fish in combination may be 18 inches or greater in length. The fishing season is open year round and bait may be used.

(1) limit fishing to

(A) catch-and-release fishing;

(B) fly fishing;

(2) establish seasonal periods when fishing is closed or is restricted to catch-and-release fishing; or

(3) establish a bag limit of one fish, 18 inches or greater in length, or another appropriate bag and size limit.

(g) Water bodies managed under the special management approach include Harding Lake.

(h) Water bodies managed under the conservative management approach include

(1) repealed 6/28/2019;

(2) repealed 6/28/2019;

(3) repealed 4/25/2026;

(i) During times of low hatchery output, the commissioner may, by emergency order, modify methods and means, reduce bag limits, or institute a catch-and-release fishing only fishery.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 3/14/2009, Register 189; am 4/13/2013, Register 206; am 6/28/2019, Register 230; am 5/24/2023, Register 246; am 4/25/2026, Register 258

5 AAC 74.995 Definition of "catch-and-release fishing" {#sec-5-aac-74.995 omnilex-key=us-ak-regs-official--title-5--5 AAC 74.995}

For the purposes of this chapter, "catch-and-release fishing" means that the sport angler may fish for a species of finfish, but may not retain or possess that species of finfish.

History

Authority: AS 16.05.251
Eff. 3/14/2009, Register 189

Chapter 75 Statewide Provisions

Article 1 General

5 AAC 75.001 Application of regulations {#sec-5-aac-75.001 omnilex-key=us-ak-regs-official--title-5--5 AAC 75.001}

(a) Unless otherwise specified in 5 AAC 47 - 5 AAC 75, or by emergency order or emergency regulation, the provisions of this chapter apply only to sport fishing activities which are permitted as provided in 5 AAC 47 - 5 AAC 75.

(b) The regulations in this chapter that apply to sport fishing in salt waters also apply to the waters of the exclusive economic zone.

History

Authority: AS 16.05.251

5 AAC 75.002 Liability for violations {#sec-5-aac-75.002 omnilex-key=us-ak-regs-official--title-5--5 AAC 75.002}

Unless otherwise provided in 5 AAC 47 - 5 AAC 75, or in AS 16, a person who violates a provision of 5 AAC 47 - 5 AAC 75 is strictly liable for the offense, regardless of that person's intent.

History

Authority: AS 16.05.251
Eff. 6/30/83, Register 86; am 3/13/2004, Register 169

5 AAC 75.003 Emergency order authority {#sec-5-aac-75.003 omnilex-key=us-ak-regs-official--title-5--5 AAC 75.003}

The commissioner may, by emergency order, change bag and possession limits and annual limits and alter methods and means in sport fisheries. These changes may not reduce the allocation of harvest among other user groups. An emergency order may not supersede provisions for increasing or decreasing bag and possession limits or changing methods and means established in regulatory management plans established by the Board of Fisheries. The commissioner will use emergency order authority to manage sport fishing opportunity in the following circumstances:

(1) The commissioner or an authorized designee may decrease sport fish bag and possession limits and annual limits and restrict methods and means of harvest by emergency order when

(A) the total escapement of a species of anadromous fish is projected to be less than the escapement goal for that species listed in management plans that have been adopted by the Board of Fisheries or established by the department; or

(B) the recreational harvest must be curtailed in any fishery for conservation reasons; the department may issue a "catch and release only" emergency order when the estimated hooking mortality is not projected to reduce the population of fish below the number required for spawning escapement or, in the case of resident species, below the level required for maintenance of the desired age and size distribution of the population; "catch and release" as a tool to address conservation under this section shall be labeled "conservation catch and release" to differentiate from catch and release regulations adopted by the Board of Fisheries for special management to create diversity in sport fisheries;

(2) The commissioner or an authorized designee may increase sport fish bag and possession limits and annual limits and liberalize methods and means of harvest by emergency order when

(A) the total escapement of a species of anadromous fish is projected to exceed the escapement goal for that species listed in management plans that have been adopted by the Board of Fisheries or established by the department, if the total harvest under the increased bag and possession limit will not reduce the escapement below the escapement goal; or

(B) hatchery-produced fish escape through existing fisheries to designated harvest areas in numbers that exceed broodstock needs, any natural spawning requirements, or cost recovery goals of private nonprofit hatcheries; the intent of this subparagraph is to allow harvest when there are no other competing user groups;

(3) for purposes of data collection to improve harvest or stock assessment, or for purposes of enforcement of bag and size limits, the commissioner or an authorized designee may establish, by emergency order, times and areas when anglers may not fillet, mutilate, or otherwise disfigure a specific species of fish in a manner that would prevent species identification, examination of the adipose fin of salmonids, recovery of tags, or determination of the number, sex, age, or length of fish taken until the fish are brought to shore and offloaded from a vessel or removed from a shoreline fishing site. The commissioner or an authorized designee may also require in the emergency order that certain parts of a fish remain attached for the purpose of species identification or data collection. However, during these periods, an angler may gill and gut a fish before the fish is brought to shore and offloaded from a vessel or removed from a shoreline fishing site. This section does not prohibit the consumption or preservation of fish aboard a vessel. For the purposes of this section, "shoreline fishing site" means the shoreline where the fish is hooked and removed from the water and becomes part of the angler's bag limit;

(4) the Board of Fisheries recognizes that harvest regulations may need to be modified to attain guideline harvest levels or allocations, or to address conservation concerns, within the salt water guided fisheries in various areas of the state; if the commissioner determines that the regulations must be modified to attain the salt water guided fishery guideline harvest level or allocation, or to address conservation concerns, the commissioner may, by emergency order, open, or close and immediately reopen, a sport fishing season during which

(A) a sport fishing guide and sport fishing guide crewmember working on a charter vessel in salt waters may not retain fish or certain species of fish while clients are on board the vessel; and

(B) the maximum number of fishing lines that may be fished from a vessel engaged in guided sport fishing in salt waters is equal to the number of paying clients on board the vessel;

(5) in all waters, if waters become contaminated, or in stocked waters during times of low hatchery output, the commissioner may, by emergency order, modify methods and means, reduce bag limits, or institute a catch-and-release fishing only fishery.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 7/26/90, Register 115; am 3/13/2004, Register 169; am 5/26/2006, Register 178; am 7/1/2007, Register 182; am 6/10/2010, Register 194; am 4/9/2020, Register 234; am 6/25/2023, Register 246

5 AAC 75.005 Possession of licenses, stamps, and harvest records {#sec-5-aac-75.005 omnilex-key=us-ak-regs-official--title-5--5 AAC 75.005}

A person engaged in sport fishing or in possession of fish shall show that person's sport fishing license, harvest records, special permits, and stamps to any local representative of the department or to any peace officer of the state upon the request of the representative or peace officer.

History

Authority: AS 16.05.251

5 AAC 75.006 Harvest record for finfish with an annual limit {#sec-5-aac-75.006 omnilex-key=us-ak-regs-official--title-5--5 AAC 75.006}

(a) The following provisions regarding harvest records apply to taking and retaining finfish for which annual limits have been established in 5 AAC 47 - 5 AAC 75 or by emergency order:

(1) a nontransferable harvest record is required and must be in the possession of each person taking and retaining a finfish for which an annual limit has been established; for a licensed angler, a harvest record appears on the angler's sport fishing license; for an angler not required to have a sport fishing license, a harvest record may be obtained, without charge, from department offices and fishing license vendors;

(2) immediately upon landing a finfish for which an annual limit has been established, the angler shall enter the date, location (body of water fished), and species of the catch on the harvest record;

(3) nothing in this section affects or modifies a bag or possession limit for finfish specified in 5 AAC 47 - 5 AAC 75 or by an emergency order.

(b) A person obtaining a duplicate or additional sport fishing license or a duplicate or additional harvest record shall record on that form the information required by (a)(2) of this section for all finfish previously landed during that year that were subject to the harvest record reporting requirements of this section.

History

Authority: AS 16.05.251
Eff. 7/1/2007, Register 182; am 6/1/2013, Register 206; am 9/19/2019, Register 231

5 AAC 75.007 Reciprocal sport fishing license program for residents of Yukon Territory {#sec-5-aac-75.007 omnilex-key=us-ak-regs-official--title-5--5 AAC 75.007}

(a) A resident of the Yukon Territory, Canada may obtain a sport fishing license and anadromous king salmon tag under this section for the same fee that is charged a resident of this state.

(b) To obtain a sport fishing license and anadromous king salmon tag under this section, a resident of the Yukon Territory must show to a local representative of the department designated to issue sport fishing licenses, or an authorized sport fishing license vendor,

(1) a government-issued identification card that bears a photograph of that person; and

(2) that person's valid, current Yukon Territory resident sport fishing license.

(c) If the commissioner determines that residents of this state no longer receive the same courtesy in the Yukon Territory given to a resident of the Yukon Territory under this section, a resident of the Yukon Territory may not obtain a sport fishing license and anadromous king salmon tag under this section.

History

Authority: AS 16.05.340
Eff. 2/13/2005, Register 173

5 AAC 75.009 Sport fishing license surcharge effective date {#sec-5-aac-75.009 omnilex-key=us-ak-regs-official--title-5--5 AAC 75.009}

The surcharge established in AS 16.05.340(j) for sport fishing licenses takes effect January 1, 2006.

History

Authority: AS 16.05.340
Eff. 1/1/2006, Register 176

5 AAC 75.010 Possession of sport-caught fish {#sec-5-aac-75.010 omnilex-key=us-ak-regs-official--title-5--5 AAC 75.010}

(a) Sport-caught fish, parts of the fish, and articles manufactured from the fish may be possessed within the state by any person at any time, and may be transported within and exported out of the state by any person at any time, except that a person may not possess any unpreserved fish, or part of an unpreserved fish, not legally taken by that person, unless the person furnishes, upon request of any peace officer of the state, a statement signed by the person taking the fish stating the type of fish, number of fish, location, date taken, and license number. The signed statement is not required if the person possessing the fish is accompanied by the person who took the fish. A person may not possess fish which were not legally taken.

(b) A person may possess only the limit of fish allowed for the water on which that person is fishing.

(c) Upon request by an employee of the department or a peace officer of the state, a person must present for inspection any fish taken or possessed by the person in a sport fishery.

(d) Upon request by an employee of the department or a peace officer of the state, a person while taking fish must present for inspection any apparatus designed to be or capable of being used to take fish in a sport fishery.

History

Authority: AS 16.05.251

5 AAC 75.011 Sport fishing by proxy {#sec-5-aac-75.011 omnilex-key=us-ak-regs-official--title-5--5 AAC 75.011}

(a) Finfish and shellfish may be taken by sport fishing by proxy only as provided in AS 16.05.405 and in this section.

(b) Any species of finfish, except halibut, and shellfish that may be taken by sport fishing under 5 AAC 47 - 5 AAC 74 may be taken by sport fishing by proxy.

(c) Before a proxy may take, attempt to take, or transport finfish or shellfish taken under this section, on behalf of a beneficiary, the proxy shall obtain and complete a proxy fishing information form available from the department. The proxy or the beneficiary shall take or mail the completed form to any ADF&G office for validation. The department shall return the validated form and retain a copy for the department's records. In addition to the requirements of AS 16.05.405(c), the proxy must have in possession a validated proxy fishing information form when taking, attempting to take, or transporting finfish or shellfish taken under this section, on behalf of a beneficiary.

(d) As provided in AS 16.05.405, a proxy who takes or attempts to take finfish or shellfish by sport fishing on behalf of a beneficiary may, at the same time, fish for the proxy's own use, except that the proxy

(1) may not take more than twice the bag limit, and may not possess more than twice the possession limit of a species, as established in 5 AAC 47 - 5 AAC 74, for the waters in which the fishing occurs; and

(2) may not fish with more than one legal limit of gear, as established in 5 AAC 47 - 5 AAC 75.

(e) A beneficiary may not authorize more than one proxy to take or attempt to take finfish or shellfish on the beneficiary's behalf at one time. A beneficiary may not personally take or attempt to take finfish or shellfish at the same time that a proxy is taking or attempting to take finfish or shellfish on the beneficiary's behalf.

(f) A person may not give or receive remuneration in order to obtain, grant, or influence the granting of an authorization to take or attempt to take finfish or shellfish by proxy on behalf of a beneficiary.

(g) In this section,

(1) "beneficiary" means a resident

(A) who is blind, is a person with physical or developmental disabilities as defined in AS 16.05.940, or is 65 years of age or older; and

(B) on whose behalf finfish or shellfish are to be taken or attempted to be taken under AS 16.05.405;

(2) "proxy" means a resident who holds a valid resident sport fishing license and who wishes to take or attempt to take finfish or shellfish on behalf of a beneficiary under AS 16.05.405;

(3) "fishing site" means the location where the finfish or shellfish is removed from the water and becomes part of the beneficiary's specified limit.

(i) Before concealing the finfish or shellfish from plain view or transporting the finfish or shellfish from the fishing site, a proxy must record on the proxy fishing information form, the date, location (body of water fished), species, approximate weight, and number of the finfish or shellfish taken by the proxy on behalf of a beneficiary.

(j) Within 30 days after taking finfish or shellfish for a beneficiary under this section, a proxy must personally deliver the finfish or shellfish to the beneficiary.

History

Authority: Sec. 1, ch. 81, SLAAS 16.05.251; AS 16.05.403 1992AS 16.05.370; AS 16.05.405
Eff. 6/5/94, Register 130; am 5/13/95, Register 134; am 7/1/95, Register 134; am 5/26/2006, Register 178; am 8/8/2007, Register 183; am 3/15/2008, Register 185; am 3/14/2009, Register 189; am 9/19/2019, Register 231; am 9/24/2021, Register 239

5 AAC 75.012 Sport Shark Fishery Management Plan {#sec-5-aac-75.012 omnilex-key=us-ak-regs-official--title-5--5 AAC 75.012}

(a) The department shall manage sport shark fisheries for sustained yield.

(b) Recognizing the lack of stock status information, the potential for rapid growth in the sport shark fishery, and the potential for over-exploitation, the following provisions apply to the sport shark fishery:

(1) sharks may be taken from January 1 through December 31; the bag and possession limits for sharks in salt water is one fish;

(2) the annual limit for sharks in salt water is two fish;

(3) a nontransferable harvest record is required and must be in the possession of each angler sport fishing for sharks in salt water; the harvest record

(A) for a licensed angler is located on the angler's sport fishing license;

(B) for an angler not required to have a sport fishing license may be obtained, without charge, from department offices and sport fishing license vendors throughout the state;

(4) immediately upon landing a shark from salt water, an angler shall enter the date, location (water body), and species of the catch on the harvest record; and

(5) notwithstanding (1) - (4) of this subsection, the bag and possession limit for spiny dogfish is five fish, with no size or annual limit; a harvest record is not required for spiny dogfish.

(d) For the purpose of this section, "shark" means a species of the orders Lamniformes, Squaliformes, or Carcharhiniformes.

History

Authority: AS 16.05.251; AS 16.10.190
Eff. 4/23/98, Register 146; am 6/10/2010, Register 194; am 6/1/2013, Register 206; am 9/19/2019, Register 231

5 AAC 75.013 Criteria for establishing special management areas for trout {#sec-5-aac-75.013 omnilex-key=us-ak-regs-official--title-5--5 AAC 75.013}

Relocated.

History

Eff. 4/23/98, Register 146

5 AAC 75.014 Permit for selling mounted sport-caught fish {#sec-5-aac-75.014 omnilex-key=us-ak-regs-official--title-5--5 AAC 75.014}

(a) A licensed taxidermist may sell an unclaimed, finished sport-caught-fish mount under a permit issued by the department after the finished mount has been held unclaimed for one year, and after the taxidermist sends notice of intent to sell, by registered mail, at least 15 days before the sale, to the last known address of the person who ordered the taxidermy work.

(b) A court-appointed or -authorized estate executor, or a referee or trustee in a bankruptcy, may sell a mounted sport-caught fish in a bankruptcy or probate action only if that person first obtains a permit from the department.

History

Authority: AS 16.05.251
Eff. 5/2/92, Register 122

5 AAC 75.015 Sale of sport-caught fish unlawful {#sec-5-aac-75.015 omnilex-key=us-ak-regs-official--title-5--5 AAC 75.015}

No person may buy, sell or barter sport-caught fish or their parts.

History

Authority: AS 16.05.251(a)

5 AAC 75.016 Shellfish harvest recording form provisions {#sec-5-aac-75.016 omnilex-key=us-ak-regs-official--title-5--5 AAC 75.016}

If a sport-fishing shellfish harvest recording form is required by regulation, the following conditions apply unless specified otherwise in 5 AAC 75:

(1) the numbers of shellfish taken may not exceed the limits set by regulation, and set out in the harvest recording form;

(2) the harvest recording form must be obtained from a local representative of the department before taking shellfish;

(3) the harvest recording form must be retained in the possession of the fisherman and be readily available for inspection while taking or transporting the species for which the harvest recording form is issued;

(4) the harvest recording form may designate the species, and numbers as set by applicable regulations, of shellfish to be harvested, time and area for taking, the type and amount of fishing gear as allowed by applicable regulations, and other conditions necessary for management or conservation purposes;

(5) if required on the harvest recording form, the fisherman shall keep accurate daily records of the catch involved, showing the number of shellfish taken by species, location, and date of the catch, and any other information required by the department for management or conservation purposes;

(6) sport fishing harvest records shall be completed on the harvest recording form provided by the department, at the time specified by the department for each particular area and fishery, and shall be submitted to the department office from which the harvest record was issued; and

(7) if set by applicable regulations, the fisherman's total annual possession limit for the shellfish species will be specified on the harvest recording form by the department representative issuing the form.

History

Authority: AS 16.05.251
Eff. 9/2/90, Register 115

5 AAC 75.017 Criteria for the allocation of fishery resources among personal use, sport, and commercial fisheries {#sec-5-aac-75.017 omnilex-key=us-ak-regs-official--title-5--5 AAC 75.017}

History

Authority: AS 16.05.251
Eff. 6/10/87, Register 102

5 AAC 75.018 Jack king salmon bag and possession limits {#sec-5-aac-75.018 omnilex-key=us-ak-regs-official--title-5--5 AAC 75.018}

Notwithstanding any other provisions of, or unless otherwise specified in, 5 AAC 47 - 75, in all fresh waters open to king salmon fishing, the bag and possession limit for king salmon less than 20 inches in length (jack salmon) is 10 fish. This bag and possession limit is in addition to any bag and possession limit for king salmon 20 inches or greater in length. Jack king salmon will not count toward any annual or seasonal king salmon limit or any established guideline harvest level for king salmon.

History

Authority: AS 16.05.251
Eff. 6/22/2001, Register 158; am 12/1/2004, Register 172

Article 2 Methods and Means

5 AAC 75.020 Sport fishing gear {#sec-5-aac-75.020 omnilex-key=us-ak-regs-official--title-5--5 AAC 75.020}

(a) Unless otherwise provided in 5 AAC 47 - 5 AAC 75, sport fishing may only be conducted by the use of a closely attended single line having attached to it not more than

(1) one plug;

(2) one spoon;

(3) one spinner or series of spinners;

(4) two artificial flies; or

(5) two hooks.

(b) An attractor, including a bead, when used with an artificial fly, artificial lure, or bare hook, must be either fixed within two inches of the bare hook, fly, or lure, or be free sliding on the line or leader. For the purposes of this subsection, a bead not attached to the hook is an attractor, not an artificial fly.

(c) A person who gaffs a fish must retain that fish as part of that person's bag and possession limit. A person may not gaff a fish for which the fishing season is closed, that is not of legal size, or that is to be released.

(d) A power-assisted fishing reel may only be used to sport fish if the

(1) power-assisted fishing reel is mounted on a fishing rod by means of a reel seat;

(2) power-assisted fishing reel assembly, motor, gearbox, fishing line, reel-mounted battery, or other reel-mounted attachments weigh no more than 15 pounds in total when detached from the fishing rod.

(e) In this section,

(1) "fishing rod" means a tapered, flexible rod typically used for sport fishing, equipped with a hand grip and a line guide system that guides the line from the reel to the tip of the rod, and upon which is mounted a fishing reel used to deploy and retrieve the sport fishing line;

(2) "gaff" means to puncture any part of a fish with a hook, other than a hook attached to an angler's fishing line;

(3) "power-assisted fishing reel" means a reel used to deploy and retrieve the sport fishing line that is operated or assisted by any electronic, hydraulic, or other mechanical power source other than by hand-cranking a handle attached to the reel;

(4) "reel seat" means an attachment mechanism that holds the fishing reel to the rod using locking, threaded rings, sliding bands, or other attachment devices and is designed to allow the reel to be readily detached from the fishing rod.

(f) Beginning January 1, 2020, a person sport fishing from a vessel when releasing a rockfish shall immediately use a deep water release mechanism to return the fish to the depth it was hooked or to a depth of at least 100 feet. A vessel must have at least one functional deep water release mechanism on board and readily available for use when sport fishing activities are taking place. Upon request, a person sport fishing from a vessel and the operator of the vessel must present a deep water release mechanism to a local representative of the department, peace officer of the state, or federal law enforcement officer charged with enforcing fish and game laws. In this subsection, "deep water release mechanism" means a device designed to return a rockfish to near the bottom where it was hooked, or to a specified depth, and to assist the fish in recompression and to improve the fish's chance of survival.

History

Authority: AS 16.05.251

5 AAC 75.021 Ice fishing gear {#sec-5-aac-75.021 omnilex-key=us-ak-regs-official--title-5--5 AAC 75.021}

(a) Sport fishing through the ice is permitted with the use of two closely attended lines, provided only one hook or artificial lure is used on each line, except that additional gear may be used for northern pike and burbot as specified by statewide or area regulations.

(b) The maximum number of hooks and type of lines that may be deployed by an angler targeting all species of fish, including northern pike and burbot, is not cumulative and is equal to the maximum number of hooks allowed for northern pike, burbot, or other species, whichever is greater, provided that the maximum number of lines and hooks used to target a species may not exceed the number allowed for that species.

History

Authority: AS 16.05.251

5 AAC 75.022 Freshwater sport fishing {#sec-5-aac-75.022 omnilex-key=us-ak-regs-official--title-5--5 AAC 75.022}

(a) Unless otherwise provided in 5 AAC 47 - 5 AAC 75, a person may not fish in fresh water with

(1) fixed or weighted hooks and lures, except those of standard manufacture;

(2) multiple hooks with gap between point and shank larger than one-half inch;

(3) a spear;

(4) an arrow.

(b) Repealed 3/13/2004.

(c) It is unlawful to intentionally snag or attempt to snag any fish in fresh water. Fish unintentionally hooked elsewhere than in the mouth must be released immediately. "Snag" means hook a fish elsewhere than in the mouth.

(d) Beginning January 1, 2012, the use of footgear with absorbent felt or other fiber material on the soles is prohibited while sport fishing in fresh water.

History

Authority: AS 16.05.251

5 AAC 75.023 Gear for single-hook waters {#sec-5-aac-75.023 omnilex-key=us-ak-regs-official--title-5--5 AAC 75.023}

Repealed.

5 AAC 75.024 Gear for fly-fishing-only waters {#sec-5-aac-75.024 omnilex-key=us-ak-regs-official--title-5--5 AAC 75.024}

In waters designated as fly-fishing-only waters, sport fishing is permitted only as follows:

(1) with not more than one single-hook artificial fly that weighs less than one-fourth ounce, including the hook, and with a gap between the point and shank of the hook that is three-eighths inch or less;

(2) weights may be used and any weights used must be 18 inches or more ahead of the artificial fly;

(3) an attractor as described in 5 AAC 75.020(b) may be used.

History

Authority: AS 16.05.251

5 AAC 75.025 Gear for conventional fly-fishing tackle waters {#sec-5-aac-75.025 omnilex-key=us-ak-regs-official--title-5--5 AAC 75.025}

Repealed 5/31/85.

5 AAC 75.026 Use of sport-caught fish as bait {#sec-5-aac-75.026 omnilex-key=us-ak-regs-official--title-5--5 AAC 75.026}

(a) Unless provided in this section, sport-caught fish taken under 5 AAC 47 - 5 AAC 75 may not be used as bait.

(b) In addition to the head, tail, fins, closely trimmed skeleton, and viscera of legally taken sport-caught fish taken under 5 AAC 47 - 5 AAC 75, whole or cut whitefish, herring, and species of fish for which there is not a seasonal or harvest limit specified in 5 AAC 47 - 5 AAC 75 may be used for bait and other purposes.

(c) Herring and other species of fish for which no seasonal or harvest limits are specified in 5 AAC 47 - 5 AAC 75 may be used as live bait, except that live fish may not be used as bait for sport fishing in fresh water. Live bait may be possessed, transported, or released only in the salt waters of the regulatory area in which it was taken.

History

Authority: AS 16.05.251
Eff. 3/13/2004, Register 169; am 6/1/2013, Register 206

5 AAC 75.027 Use of explosives or toxicants {#sec-5-aac-75.027 omnilex-key=us-ak-regs-official--title-5--5 AAC 75.027}

(a) The use of any explosive or toxicant for taking any fish in the waters of Alaska is prohibited, except that a shaft tipped with an explosive charge, commonly known as a bangstick or powerhead, or a firearm may be used on board a vessel in salt water to kill a fish caught with legal gear.

(b) Repealed 6/26/2016.

History

Authority: AS 16.05.251

5 AAC 75.028 Use of underwater spear and speargun {#sec-5-aac-75.028 omnilex-key=us-ak-regs-official--title-5--5 AAC 75.028}

Subject to applicable seasons and bag and possession limits, a person who is completely submerged or swimming on the surface may use a spear or speargun in salt water to take fish if the spear or speargun is not tipped with an explosive charge.

History

Authority: AS 16.05.251

5 AAC 75.030 Sport fishing gear for herring and smelt {#sec-5-aac-75.030 omnilex-key=us-ak-regs-official--title-5--5 AAC 75.030}

In salt water, herring and smelt may be taken with the use of 15 or less unbaited single or multiple hooks attached to a single line.

History

Authority: AS 16.05.251(a)

5 AAC 75.031 Sport fishing gear for razor clams {#sec-5-aac-75.031 omnilex-key=us-ak-regs-official--title-5--5 AAC 75.031}

Repealed 6/30/84.

5 AAC 75.032 Sport fishing gear for squid {#sec-5-aac-75.032 omnilex-key=us-ak-regs-official--title-5--5 AAC 75.032}

In salt water, squid may be taken with lawful sport fishing gear as described in 5 AAC 75.020 or with the use of not more than two squid jigs attached to a single line.

History

Authority: AS 16.05.251
Eff. 7/28/2023, Register 247

5 AAC 75.033 Sport fishing gear for burbot {#sec-5-aac-75.033 omnilex-key=us-ak-regs-official--title-5--5 AAC 75.033}

Burbot may be taken in fresh water with more than one line and hook if

(1) the total aggregate number of hooks used on set lines, closely attended gear, and ice fishing gear, as defined in 5 AAC 75.020 and 5 AAC 75.021, may not exceed 15 or the daily bag limit for burbot in the waters being fished, whichever is less;

(2) the hooks are single hooks with gap between point and shank larger than three-fourths inch;

(3) each hook is set to rest on the bottom of the lake or stream;

(4) each line is identified with the angler's name, and address;

(5) each line is physically inspected at least once during each 24-hour period.

History

Authority: AS 16.05.251

5 AAC 75.034 Sport fishing gear for northern pike {#sec-5-aac-75.034 omnilex-key=us-ak-regs-official--title-5--5 AAC 75.034}

Unless otherwise provided in 5 AAC 47 - 5 AAC 75, northern pike may be taken by spear.

History

Authority: AS 16.05.251

5 AAC 75.035 Sport fishing gear for shellfish {#sec-5-aac-75.035 omnilex-key=us-ak-regs-official--title-5--5 AAC 75.035}

Unless otherwise provided in 5 AAC 47 - 5 AAC 75, shellfish may be taken only as follows:

(1) on a keg or buoy attached to each pot or ring net, the sport fisherman shall plainly and legibly inscribe the fisherman's first initial, last name, home address, and the name or the division of motor vehicles boat registration number, issued under 2 AAC 70, of the vessel used to operate the pot or ring net;

(2) an escape mechanism, as described in 5 AAC 39.145, must be provided for each pot;

(3) no more than five pots per person, regardless of type, with a maximum of 10 pots per vessel, regardless of type, may be used to take shellfish at any given time;

(4) crab may be taken only with pots, ring nets, diving gear, dip nets, hooked or hookless lines either operated by hand or attached to a pole or rod, or by hand;

(5) shrimp may be taken only with pots and ring nets;

(6) clams may be taken only by hand, or with rakes, shovels, or manually operated clam guns;

(7) octopus may also be taken by the use of hook and line.

History

Authority: AS 16.05.251
Eff. 9/2/90, Register 115; am 12/1/2004, Register 172; am 7/13/2012, Register 203

5 AAC 75.038 Authorization for methods and means disability exemptions {#sec-5-aac-75.038 omnilex-key=us-ak-regs-official--title-5--5 AAC 75.038}

(a) A person with a disability, or the personal representative of a person with a disability, may submit an application on a form available from the department for an exemption from a method and means requirement specified in 5 AAC 47 - 75. This application must

(1) include a signed statement from a licensed physician explaining the nature and extent of the person's disability;

(2) specifically identify the methods and means limitation at issue and the type of exemption requested;

(3) include a statement by the person with a disability that explains the causal relationship between the disability and the requested accommodation, or how the regulation at issue prohibits meaningful access to the program, service, or benefit; and

(4) be submitted at least 30 days before the requested effective date of exemption unless the exemption is being requested as a result of an emergency order or emergency regulation.

(b) The department shall issue a special authorization in writing that grants the requested exemption or alternative exemption, if it determines that the exemption would provide a person with a disability with meaningful access to the program, service, or benefit in question, and meets the standard set out in this section. In granting the exemption, the department may include any conditions it determines are reasonable to conform the exemption to existing conservation and management objectives. In considering whether to grant the exemption, the department may consider, among other factors, whether the exemption would

(1) fundamentally alter a program, service, or benefit of the department;

(2) place an undue administrative burden or expense on the department;

(3) have an unreasonable impact on the conservation, development, or utilization of fish; or

(4) constitute an unreasonable risk to public health or safety.

(c) The department may require a sport fisherman who receives an exemption under this section to be accompanied by another licensed or permitted sport fisherman.

(d) The department will not authorize an exemption under this section if

(1) the regulation does not substantially prohibit the person from meaningful access to the program, service or benefit;

(2) the authorization would allow an exemption or modification to seasons or bag limits; or

(3) the Board of Fisheries has previously reviewed and acted on the same request for accommodation.

History

Authority: AS 16.05.251
Eff. 3/13/2004, Register 169

Article 3 Closed Waters and Prohibited Acts

5 AAC 75.050 Waters closed to sport fishing {#sec-5-aac-75.050 omnilex-key=us-ak-regs-official--title-5--5 AAC 75.050}

(a) The waters within 300 feet of a fish weir or fish ladder are closed to sport fishing, unless a lesser distance is indicated by ADF&G regulatory markers.

(b) It is unlawful to cast, drift, or place by any means a hook, bait, artificial lure, or artificial fly into waters closed to sport fishing.

History

Authority: AS 16.050.251

5 AAC 75.055 Possession or marking of live fish or live fish eggs {#sec-5-aac-75.055 omnilex-key=us-ak-regs-official--title-5--5 AAC 75.055}

Except as provided in 5 AAC 75.026, or under the terms of a permit issued by the commissioner under 5 AAC 41 or AS 16.05.930(a), it is unlawful to possess, transport, and release live fish or live fish eggs, or in any way mark any live fish before release.

History

Authority: AS 16.05.251

5 AAC 75.057 Prohibitions for use of sport-caught shellfish {#sec-5-aac-75.057 omnilex-key=us-ak-regs-official--title-5--5 AAC 75.057}

(1) shellfish has been taken with gear deployed and retrieved by the client or guest;

(2) gear has been marked with the client's or guest's name and address, as specified in 5 AAC 75.035(1); and

(3) shellfish is to be consumed by the client or guest or is consumed in the presence of the client or guest.

(b) The captain and crewmembers of a charter vessel may not deploy, set, or retrieve their own gear in a sport fishery when that vessel is being chartered.

History

Authority: AS 16.05.251
Eff. 7/16/2011, Register 199; am 7/13/2012, Register 203; add'l am 7/13/2012, Register 203

5 AAC 75.060 Molesting of fish {#sec-5-aac-75.060 omnilex-key=us-ak-regs-official--title-5--5 AAC 75.060}

Molesting or impeding spawning or the natural movement of fish contrary to the lawful methods and means of sport fishing is prohibited.

History

Authority: AS 16.05.251(a)

5 AAC 75.065 Waste of fish {#sec-5-aac-75.065 omnilex-key=us-ak-regs-official--title-5--5 AAC 75.065}

The intentional waste or destruction of any species of sport-caught fish is prohibited.

History

Authority: AS 16.05.251

5 AAC 75.067 Limitations for halibut {#sec-5-aac-75.067 omnilex-key=us-ak-regs-official--title-5--5 AAC 75.067}

Notwithstanding any other provision in 5 AAC 47 - 5 AAC 75, a person may not take or possess halibut for sport or guided sport fishing purposes in a manner inconsistent with the regulations of the International Pacific Halibut Commission or the National Marine Fisheries Service.

History

Authority: AS 16.05.251
Eff. 3/15/2008, Register 185; am 6/10/2010, Register 194

5 AAC 75.069 Prohibitions on shellfish pot gear {#sec-5-aac-75.069 omnilex-key=us-ak-regs-official--title-5--5 AAC 75.069}

A person may not disturb, tamper with, or retrieve another person's shellfish pot gear without prior permission of the owner of that pot gear.

History

Authority: AS 16.05.251
Eff. 7/1/2006, Register 178; am 9/12/2008, Register 187

5 AAC 75.070 Possession of sport-caught halibut {#sec-5-aac-75.070 omnilex-key=us-ak-regs-official--title-5--5 AAC 75.070}

(a) No person may possess sport-caught halibut aboard a vessel when other fish or shellfish aboard the vessel are destined for sale, trade or barter.

(b) Repealed 6/10/2010.

History

Authority: AS 16.05.251

Article 4 Fishing Services and Sport Fishing Guides

5 AAC 75.075 Sport fishing services and sport fishing guide services; registration requirements; regulation of activities {#sec-5-aac-75.075 omnilex-key=us-ak-regs-official--title-5--5 AAC 75.075}

(a) Repealed 3/28/2019.

(b) Repealed 3/28/2019.

(d) Repealed 3/28/2019.

(e) An owner of a business shall register with the department before the business conducts sport fishing services. To meet the registration requirements of this section, the owner shall complete and submit to the department a current annual sport fishing operator registration form provided by the department. The following information regarding the business conducting sport fishing services must be provided on the form:

(1) the name and permanent mailing address of the owner;

(2) the name of the business and current Alaska Business License number, issued under 12 AAC 12.

(f) A person shall register with the department before the person conducts sport fishing guide services. To meet the registration requirements of this section, a person shall complete and submit to the department a current annual sport fishing guide registration form provided by the department. The following information regarding the applicant must be provided on the form:

(1) the applicant's name and permanent mailing address;

(2) the applicant's current Alaska sport fishing license number.

(g) While providing sport fishing guide services, a person shall have readily available for inspection and shall display upon request of a representative of the department or a peace officer of the state, and while providing sport fishing guide services on salt water or while on navigable fresh water within six hours after providing such services on salt water, a person shall have readily available for inspection and shall display upon request of a law enforcement representative of the National Marine Fisheries Service or a representative of the United States Coast Guard, the following:

(1) the person's current

(A) sport fishing guide registration or card; and

(B) applicable logbooks as required in 5 AAC 75.076 for sport fishing guides operating in salt water;

(2) the current sport fishing operator registration or card, or a copy, of the person's employer or the person;

(3) the person's current sport fishing license, harvest records, tags, stamps, or permits that are required to engage in the sport fishery for which the sport fishing guide services are provided;

(4) an identification card issued to the person by a state or federal agency that bears a photograph of the person;

(5) if on a vessel in salt water, the sport fishing license and harvest record of each client on board the vessel.

(h) A sport fishing guide or a registered sport fishing operator may not

(1) aid in the commission of a violation of AS 16.05 - AS 16.40 or a regulation adopted under AS 16.05 - AS 16.40 by an angler who is a client of the person or operator; or

(2) permit the commission by an angler who is a client of the person or operator of a violation of AS 16.05 - 16.40 or a regulation adopted under AS 16.05 - 16.40 that the sport fishing guide knows or reasonably believes is being or will be committed without

(A) attempting to prevent it, short of using force; and

(B) reporting the violation.

History

Authority: AS 16.05.251
Eff. 4/18/86, Register 98; am 5/13/95, Register 134; am 4/23/98, Register 146; am 5/19/98, Register 146; am 2/10/2005, Register 173; am 1/1/2008, Register 184; am 3/4/2015, Register 213; am 3/15/2017, Register 221; am 3/28/2019, Register 229; am 5/26/2019, Register 230

5 AAC 75.076 Sport fishing guide and operator reporting requirements {#sec-5-aac-75.076 omnilex-key=us-ak-regs-official--title-5--5 AAC 75.076}

(a) A sport fishing guide shall obtain and complete a

(1) State of Alaska, Department of Fish and Game, Division of Sport Fish, 2025 eLogbook Backup/Transcription Logbook For Saltwater Charter Operators and Vessel Registration, adopted by reference, if operating in salt water;

(2) State of Alaska, Department of Fish and Game, Division of Sport Fish, 2025 Vessel Registration, adopted by reference, if operating in fresh water.

(b) A logbook requires information necessary for the management and conservation of fishery resources and regulation of the guided sport fishing industry, including

(1) the division of motor vehicles boat registration number, issued under 2 AAC 70, or United States Coast Guard documentation number, of the vessels that are used to provide sport fishing guide services in salt water;

(2) the locations where the sport fishing guide services were provided;

(3) the effort, catch, and harvest of sport fish by persons who are clients, owners, or employees of a business that conducts sport fishing services or by a person who provides sport fishing guide services; and

(4) any other information the department determines is necessary for the management and conservation of the fishery resource or the regulation of the guided sport fishing industry.

(c) A sport fishing guide operating in salt water shall complete a logbook in the manner and at the location specified in the logbook and present the guide's logbook for inspection as required in 5 AAC 75.075.

(d) A person may not make a false entry in the logbook required in (a) of this section.

(e) The holder of a sport fishing operator registration issued under 5 AAC 75.075 for a business that conducts sport fishing services in salt water shall return the completed logbook of each sport fishing guide employed by the business to the department in the manner and time frame specified in the logbook.

(f) In this section, "logbook" includes

(1) a department issued paper copy booklet for recording guided sport fishing trip information; or

(2) a department issued eLogBook software program for electronic recording of guided sport fishing trip information.

(g) a sport fishing guide may comply with subsection (a) of this section by obtaining and completing an eLogbook.

History

Authority: AS 16.05.251
Eff. 5/19/98, Register 146; am 9/23/98, Register 147; am 5/15/99, Register 150; am 4/16/2000, Register 154; am 5/20/2000, Register 154; am 3/11/2001, Register 157; am 4/5/2002, Register 162; am 2/28/2003, Register 165; am 3/25/2004, Register 169; am 2/10/2005, Register 173; am 5/19/2005, Register 174; am 5/26/2006, Register 178; am 8/12/2007, Register 183; am 1/1/2008, Register 184; am 4/25/2008, Register 186; am 5/23/2009, Register 190; am 6/20/2010, Register 194; am 4/28/2011, Register 198; am 4/1/2012, Register 201; am 3/7/2013, Register 205; am 4/9/2014, Register 210; am 3/4/2015, Register 213; am 3/2/2016, Register 217; am 3/15/2017, Register 221; am 5/19/2017, Register 222; am 4/20/2018, Register 226; am 3/28/2019, Register 229; am 4/17/2019, Register 230; am 5/26/2019, Register 230; am 3/5/2020, Register 233; am 12/19/2020, Register 236; am 2/20/2022, Register 241; am 5/5/2023, Register 246; am 10/8/2023, Register 248; am 12/19/2024, Register 252

5 AAC 75.077 Sport fishing guide vessel registration requirements {#sec-5-aac-75.077 omnilex-key=us-ak-regs-official--title-5--5 AAC 75.077}

(a) Before being used to provide sport fishing guide services, a vessel must be registered annually with the department. A business owner, or the owner's authorized agent, shall register each individual vessel operated by the business to provide sport fishing guide services by completing a form provided by the department. At the time of registration, the business owner, or the owner's authorized agent, must provide the current division of motor vehicles boat registration number, issued under 2 AAC 70, or the current United States Coast Guard vessel documentation number of each vessel being registered.

(b) A person may not engage in sport fishing guide services from a powered or unpowered vessel unless the vessel is registered under (a) of this section and displays a sport fishing guide vessel decal with a current annual sticker issued by the department as follows:

(1) upon initial registration of a vessel, two sport fishing guide vessel decals will be issued by the department for that vessel; one decal must be securely affixed on each side of the vessel and must be displayed in plain view at all times the vessel is used to provide sport fishing guide services;

(2) for the years following the year of initial registration of a vessel, two current year renewal stickers will be issued by the department for that vessel; one current year renewal sticker must be securely affixed on each decal over the previous year renewal sticker and must be displayed in plain view at all times the vessel is used to provide sport fishing guide services, except that a vessel providing sport fishing guide services in the Kenai River Special Management Area (AS 41.21.502) may display the current year Department of Natural Resources Kenai River guide decal as proof of ADF&G registration.

(c) If a decal or current year renewal sticker is lost or damaged, a replacement must be obtained from the department and affixed and displayed as required in this section before the vessel is used to provide sport fishing guide services.

(d) A float tube used to provide sport fish guide services is exempt from the registration and decal requirements of this section. For the purposes of this subsection, "float tube" means a tubular floating device designed to support one person in the water and propelled only by power from the arms or legs of the operator.

History

Authority: AS 16.05.251; AS 16.05.395
Eff. 2/10/2005, Register 173; am 3/4/2015, Register 213; am 3/15/2017, Register 221; am 6/25/2023, Register 246

5 AAC 75.085 Guided sport ecotourism requirements {#sec-5-aac-75.085 omnilex-key=us-ak-regs-official--title-5--5 AAC 75.085}

Except as otherwise provided, guided sport ecotourism fishing may occur only as follows:

(1) the owner of a business conducting sport fishing services in a guided sport ecotourism fishery shall obtain an annual sport fishing operator registration as specified in 5 AAC 75.075;

(2) a person holding a valid sport fishing guide registration must be present at all times when gear or fish are being handled;

(3) a person on board a vessel engaged in ecotourism fishing may handle gear or fish only if the person is a holder of a sport fishing license;

(4) all requirements of the applicable sport fishery apply except that all participants must comply with rules relating to nonresidents regardless of residency;

(5) unless otherwise permitted, all fish taken must be immediately released unharmed;

(6) the owner of a business conducting sport fishing services and a sport fishing guide must comply with applicable requirements for their industry.

History

Authority: AS 16.05.251
Eff. 3/14/2008, Register 186; am 3/4/2015, Register 213; am 3/15/2017, Register 221; am 3/28/2019, Register 229

Article 5 Management of Trout

5 AAC 75.210 Special management areas and liberal harvest opportunities for trout {#sec-5-aac-75.210 omnilex-key=us-ak-regs-official--title-5--5 AAC 75.210}

(a) The Board of Fisheries (board) may consider proposed regulatory changes dealing with

(1) special management areas for bodies of water that would diversify sport fishing opportunity, such as catch-and-release, fly-fishing only, or trophy designation, for populations of wild trout;

(2) liberalization of harvest opportunities for trout in bodies of water.

(b) When the board considers proposed regulatory changes for a special management area under (a) of this section, the board will consider the changes in accordance with the following criteria:

(1) stock status: the body of water must contain trout populations that are naturally reproducing and possess some unique characteristic; the trout populations must have retained historical size and age composition, and numbers of trout or the area must have retained the habitat attributes necessary to allow these population characteristics to return to historic proportions if regulations dealing with establishment of a body of water as a special management area are adopted;

(2) history of special management: a body of water that the public perceives as having provided "quality" trout fishing in the past is preferred over a water that does not have a history of "quality" trout fishing;

(3) proximity to a community: to avoid conflict with traditional consumptive use patterns by local residents, a body of water is preferred if it is not located near enough to a permanent community to be commonly used or visited by local residents, unless the regulations dealing with establishment of the body of water as a special management area are requested or supported by the community;

(4) legal access: a body of water with more than 50 percent of its banks or shores publicly owned, or a navigable designation, is preferred;

(5) conflict with freshwater net fisheries: a body of water that is seasonally or spatially segregated from subsistence, personal use, and commercial net fisheries is preferred;

(6) abundance and size of the trout population: a body of water with unusually high numbers of trout, with uniquely large trout, or documented as having trout that have been entered in the department's program giving public recognition to anglers who take fish that meet minimum weight or length standards within a given species, identified in department publications as its "trophy fish program," is preferred;

(7) clear geographical boundaries: a body of water with clearly distinguishable legal regulatory boundaries is preferred;

(8) relative economic importance of the wild trout fishery: a body of water with high economic value to the state is preferred;

(9) geographical distribution of special management waters: this criterion considers the proximity of a body of water to other special management waters and the availability of alternative locations not designated for special management; and

(10) research, educational, or unique considerations: a body of water may be designated for special management for research or educational reasons.

(c) The board may provide harvest opportunities for trout more liberal than the standards provided for in 5 AAC 75.220 if the department has sufficient biological information to ensure that a more liberal harvest will not jeopardize the objectives of optimal sustained yield for a particular body of water.

History

Authority: AS 16.05.251
Eff. 4/23/98, Register 146; am 11/19/2003, Register 168

5 AAC 75.220 Statewide management standards for wild trout {#sec-5-aac-75.220 omnilex-key=us-ak-regs-official--title-5--5 AAC 75.220}

(a) The Board of Fisheries (board) recognizes the current lack of stock status information for many wild trout stocks, the potential for increased angler effort on wild trout stocks throughout Alaska, the potential for loss of fishing opportunity, and the potential for over-exploitation of wild trout stocks. The board intends to maintain quality fisheries and habitat for wild trout stocks throughout this state by following, to the extent practicable, the standards set out in this section.

(b) The board finds that wild trout stocks should be managed for optimal sustained yield, based on management objectives that maximize benefits of the fisheries while maintaining genetic diversity, biologically desirable size composition, and abundance levels that do not require stocking to enhance or supplement the wild stocks.

(c) Based on the concerns and management objectives specified within this section, the board intends to manage wild trout stocks conservatively. The standards for conservative management are as follows:

(1) in the Southeast Alaska Area, conservative management for

(A) wild rainbow trout and cutthroat trout, in combination, means a bag and possession limit of two fish, no less than 11 inches and no greater than 22 inches in length;

(B) steelhead trout means a bag limit of one fish, no less than 36 inches in length, with a possession and annual limit of two fish;

(2) in areas other than the Southeast Alaska Area, conservative management for wild rainbow trout, cutthroat trout, and steelhead trout, in combination, means a bag and possession limit of two fish, of which only one may be 20 inches or greater in length, with an annual limit of two fish 20 inches or greater in length.

(d) The standards established in this section for conservative management do not apply to any area for which the board has established a regional trout management plan and adopted provisions of the plan as regulations. Areas for which the board has established a regional trout management plan and adopted provisions of the plan as regulations include the Southeast Alaska Area, the Copper River Basin, Cook Inlet, and the Southwest Alaska area.

(e) The board may adopt regulatory measures that deviate from the conservative management standards of this section as necessary to address sustainability or optimal sustained yield issues, or to establish special management areas or liberalize harvest in areas under 5 AAC 75.013.

(f) Nothing in this section establishes a bag limit, possession limit, size limit, or annual limit.

(g) In this section, "optimal sustained yield" has the meaning given that term in 5 AAC 75.222(f).

History

Authority: AS 16.05.251
Eff. 11/19/2003, Register 168; am 3/13/2004, Register 169

5 AAC 75.222 Policy for the management of sustainable wild trout fisheries {#sec-5-aac-75.222 omnilex-key=us-ak-regs-official--title-5--5 AAC 75.222}

(a) The Board of Fisheries (board) and Department of Fish and Game (department) recognize that

(1) this state's wild trout and the trout's attendant ecosystems are important to the quality of life and economy of this state, and the state has long recognized the value of these fish in its management;

(2) many wild trout populations have been depleted or have disappeared from much of their range around the world; this state's wild trout populations are still largely intact and robust, largely because of remote locations and limited accessibility, abundant pristine habitat, and the historical application of sound, precautionary conservation and management practices; because this state's trout now represent a great spectrum of genetic diversity and because of the potential for irreversible loss of genetic integrity due to human activity, a comprehensive policy for the regulation and management of wild trout fisheries is essential to protect this biological resource in perpetuity;

(3) in formulating new or modifying existing fishery management objectives or plans, the board and department must consider factors including environmental change, habitat loss or degradation, data uncertainty, limited funding for research and management programs, and existing regulatory regimes; and

(4) to effectively assure optimal sustained yield and habitat protection for wild trout stocks, fishery management plans and programs require specific guiding principles and criteria, and the framework for their application, as provided in this section.

(b) The goal of the policy established in this section is to ensure conservation, sustainability, and optimal sustained yield of wild trout. Benefits of fisheries managed in accordance with this policy include quality of experience, diversity of opportunity, conservative consumptive harvest opportunities, and economic benefits of wild trout and the trout's attendant ecosystems.

(1) wild trout stocks and the trout's habitats should be maintained at levels of resource productivity that assure optimal sustained yield, as follows:

(A) wild trout spawning, rearing, and migratory habitats should be protected as follows:

(i) wild trout habitats should not be perturbed beyond natural boundaries of variation;

(ii) scientific assessments of possible adverse ecological effects of proposed habitat alterations and the impacts of the alterations on wild trout stocks should be conducted before approval of a regulatory proposal;

(iii) adverse environmental impacts on wild trout stocks and the trout's habitats should be assessed;

(iv) all essential wild trout habitat in marine, estuarine, and freshwater ecosystems and access of wild trout to these habitats should be protected; essential habitats include spawning and incubation areas, freshwater feeding and over-wintering areas, estuarine and nearshore rearing areas, offshore rearing areas, and migratory pathways;

(v) wild trout habitat in fresh water should be protected on a watershed basis, including appropriate management of riparian zones, water quality, and water quantity (instream flows);

(B) wild trout stocks should be protected within the trout's spawning, incubating, rearing, and migratory habitats;

(C) degraded wild trout productivity resulting from habitat loss should be assessed, considered, and controlled by affected user groups, regulatory agencies, and boards when making conservation and allocation decisions;

(D) degraded wild trout spawning, incubating, rearing, and migratory habitats should be restored to natural productivity;

(E) ongoing monitoring should be conducted to determine the current status of habitat and the effectiveness of restoration activities;

(F) depleted wild trout stocks should be allowed to recover; diversity should be maintained to the maximum extent possible at the genetic, population, species, and ecosystem levels;

(2) wild trout populations should be maintained for optimal sustained yield as follows:

(A) wild trout populations and trout population trends should be assessed both temporally and geographically; fishery monitoring programs should be appropriate to the scale, intensity, and importance of each wild trout stock's use;

(B) wild trout populations shall be managed in a manner consistent with the trout population's optimal sustained yield; unless otherwise directed, the department will manage Alaska's wild trout fisheries, to the extent practicable, to maintain desired size compositions and stock levels;

(C) wild trout should be managed at abundance levels so that stocking is not required to enhance or supplement the wild trout stock;

(D) wild trout management should allow for uncertainty associated with

(i) measurement and assessment techniques;

(ii) measured variability in the wild trout stock;

(iii) changes in climatic, aquatic, and oceanographic conditions; and

(iv) varying abundance within related populations of the wild trout stock;

(E) wild trout should be managed in a manner to maintain genetic and phenotypic characteristics of the stock by assuring appropriate geographic and temporal distribution of spawning fish as well as consideration of size range, sex ratio, and other population attributes;

(F) impacts of fishing, including incidental mortality, should be assessed and considered in harvest management decisions;

(G) wild trout harvest management decisions should be made in a manner that protects nontarget stocks or species;

(H) the role of wild trout in ecosystem functioning should be evaluated and considered in the setting of wild trout management strategies;

(I) food sources important to wild trout populations should be identified;

(3) effective management systems should be established and applied to regulate human activities that affect wild trout, as follows:

(A) wild trout management objectives should be appropriate to the scale and intensity of various uses and the biological capacities of target wild trout stocks;

(B) management agencies should have clear authority in statutes and regulations to

(i) when practicable, control all sources of fishing mortality on wild trout; and

(ii) protect wild trout habitats and control nonfishing sources or mortality;

(i) controlling human-induced sources of fishing mortality and should incorporate procedures to assure effective monitoring, compliance, control, and enforcement; and

(ii) protecting wild trout habitats and controlling collateral mortality and should incorporate procedures to assure effective monitoring, compliance, control, and enforcement;

(D) fisheries management implementation and outcomes should be consistent with regulations, regulations should be consistent with statutes, and effectively carry out the purpose of this section;

(E) the board will recommend to the commissioner the development of effective joint research, assessment, and management with appropriate management agencies for wild trout stocks that cross state or federal jurisdictional boundaries; the board will recommend the coordination of appropriate procedures for effective monitoring, compliance, control, and enforcement with those of other agencies or states;

(F) the board will work within the limits of its authority to assure that

(i) management activities are accomplished in a timely and responsive manner to implement objectives, based on the best available scientific information;

(ii) effective mechanisms for the collection and dissemination of information and data necessary to carry out management activities are developed, maintained, and utilized; and

(iii) management programs and decision-making procedures are able to clearly distinguish, and effectively deal with, biological and allocation issues;

(G) the board will recommend to the commissioner and legislature that adequate staff and budget for research, management, and enforcement activities be available to fully implement sustainable wild trout fisheries principles;

(H) the board will consider, and where appropriate adopt, options to maintain diversity of experience in wild trout fisheries;

(I) the board will consider gear regulations that assure minimal levels of injury and mortality to wild trout;

(J) the board will work with the commissioner and agencies to develop an effective process for maintaining benefits and diversity;

(K) procedures should be implemented to regularly evaluate the effectiveness of fishery management and habitat protection actions in sustaining wild trout populations, fisheries, and habitat, and to resolve associated problems or deficiencies;

(L) conservation and management decisions for wild trout fisheries should take into account the best available information on biological, environmental, economic, social, and resource use factors;

(M) research and data collection should be undertaken to improve scientific and technical knowledge of wild trout fisheries, including ecosystem interactions, status of wild trout populations, and the condition of wild trout habitats;

(N) the best available scientific information on the status of wild trout populations and the condition of wild trout habitat should be routinely updated and subject to peer review;

(4) public support and involvement for sustained use and protection of wild trout resources should be sought and encouraged, as follows:

(A) the board will work with the department and the public to determine the benefits desired for wild trout and whether the current opportunities are meeting these desires; identified benefits should promote quality of experience, diversity of opportunity, conservative consumptive harvest opportunity, and economic benefits and be implementable by management objective;

(B) effective mechanisms for dispute resolution should be developed and used;

(C) pertinent information and decisions should be effectively disseminated to advisory committees and all other interested parties in a timely manner;

(D) the board's regulatory management and allocation decisions will be made in an open public involvement process;

(E) an understanding of the proportion of mortality inflicted on each wild trout stock by each user group should be conveyed and the burden of conservation should be allocated across user groups in a manner consistent with applicable state and federal statutes; in the absence of a regulatory management plan that otherwise allocates or restricts uses, and when it is necessary to restrict fisheries on wild trout stocks where there are known conservation problems, the burden of conservation should be shared among all fisheries in close proportion to each fisheries respective use, consistent with state and federal law;

(F) the board will work with the commissioner, other agencies, advisory committees, and the legislature as necessary to assure that adequately funded public information and education programs provide timely materials on wild trout conservation, including habitat requirements, threats to wild trout habitat, the value of wild trout and habitat to the public and fish and wildlife ecosystem, natural variability and population dynamics, the status of wild trout stocks and fisheries, and the regulatory process;

(5) in the face of uncertainty, wild trout stocks, fisheries, and essential habitats will be managed conservatively, as follows:

(A) a precautionary approach involving the application of prudent foresight that takes into account the uncertainties in wild trout fisheries and habitat management, the biological, social, cultural, and economic risks, and the need to take action with incomplete knowledge should be applied to the regulation and control of harvest and other human-induced sources of wild trout mortality; a precautionary approach requires

(i) consideration of the needs of future generations and avoidance of potentially irreversible changes;

(ii) prior identification of undesirable outcomes and of measures that will avoid undesirable outcomes or correct them promptly;

(iii) initiation of any necessary corrective measure without delay and prompt achievement of the corrective measure's purpose;

(iv) that where the impact of resource use is uncertain, priority should be given to conserving the productive capacity of the resource; and

(v) that the appropriate burden of proof is placed on those plans or ongoing activities that pose a risk or hazard to wild trout habitat or production;

(B) a precautionary approach should be applied to the regulation of activities that affect essential wild trout habitat.

(d) The principles and criteria for wild trout fisheries will be applied by the department and the board using the best available information, as follows:

(1) at a regular meeting of the board, the department will, to the extent practicable, provide the board with reports on the status of wild trout stocks and fisheries under consideration for regulatory changes, which should include

(A) a stock-by-stock assessment of the extent to which the management of wild trout stocks and fisheries is consistent with the principles and criteria contained in the policy specified in this section;

(B) descriptions of habitat status and any habitat concerns;

(D) identification of any existing wild trout management actions needed to achieve these goals that may have allocative consequences, including

(i) the identification of any wild trout stocks, or populations within stocks, that present a concern related to conservation or optimal sustained yield; and

(ii) description of management and research options to address wild trout stock or habitat concerns; and

(E) food sources important to wild trout populations should be identified;

(2) in response to the department's wild trout stock status reports, reports from other resource agencies, and public input, the board will review the management plan or consider developing a management plan for each affected wild trout fishery or stock; management plans will be based on the principles and criteria contained in this policy and will

(A) contain goals and measurable and implementable objectives that are reviewed on a regular basis and utilize the best available scientific information;

(B) minimize, as practicable, the adverse effects on wild trout habitat caused by fishing;

(D) provide, if feasible, recommendations regarding food sources;

(E) prevent overfishing; and

(F) provide conservation and management measures that are necessary and appropriate to promote optimal sustained yield of the wild trout fishery resource;

(3) in the course of review of the wild trout stock status reports and management plans described in (1) and (2) of this subsection, the board, in consultation with the department, will determine if a sustainability concern or optimal sustained yield concern exists; if so, the board will, as appropriate, amend or develop wild trout fishery management plans to address the concerns;

(4) in association with the appropriate management plan, the department and the board will, as appropriate, collaborate in the development and periodic review of an action plan for any stock of concern; action plans should contain goals, measurable and implementable objectives and provisions, including

(A) measures required to restore and protect wild trout habitat, including necessary coordination with other agencies and organizations;

(B) identification of wild trout stock or population rebuilding goals and objectives;

(C) fishery management actions needed to achieve rebuilding goals and objectives in proportion to each fishery's use of, and hazards posed to, a wild trout stock;

(D) description of a sustainability concern or optimal sustained yield concern; and

(E) performance measures appropriate for monitoring and gauging the effectiveness of the action plan that are derived from the principles and criteria contained in this policy;

(6) where actions are needed to regulate human activities that affect wild trout and wild trout habitat that are outside the authority of the department or the board, the department or the board shall correspond with the relevant authority, including the governor, relevant boards and commissions, commissioners, and chairs of appropriate legislative committees, to describe the issue and recommend appropriate action.

(e) Nothing in this section is intended to expand, reduce, or be inconsistent with the statutory authority of the board, the department, or other state agencies with authority to adopt regulations affecting the fishery resources of the state.

(f) In this section, and in implementing this policy,

(1) "depleted wild trout stock" means a wild trout stock for which there is a sustainability concern;

(2) "diversity", in a biological context, means the range of variation exhibited within any level of organization, such as genotypes within a wild trout population, populations within a wild trout stock, wild trout stocks within a species, wild trout species within a community, or communities within an ecosystem;

(3) "genetic" means those characteristics (genotypic) of an individual or group of wild trout that are expressed genetically, such as allele frequencies or other genetic markers;

(4) "habitat concern" means the degradation of wild trout habitat that results in or can be anticipated to result in, impacts leading to a sustainability concern or optimal sustained yield concern;

(5) "healthy wild trout stock" means a wild trout stock that is able to sustain a specified optimal sustained yield management objective so that stocking is not required and which is characterized by fishing activities and habitat alteration, if any, that do not cause or lead to significant undesirable changes in biological productivity, biological diversity, or ecosystem structure and function, from one human generation to the next;

(6) "incidental harvest" means the harvest of fish or other species that is captured in addition to the target species of fish;

(7) "incidental mortality" means the mortality imposed on a wild trout stock other than directed harvest, and includes mortality caused by incidental harvests, interaction with fishing gear, habitat degradation, and other human-related activities;

(8) "optimal sustained yield" means an average annual yield from a stock managed for objectives other than maximum yield considered to be optimal in achieving a specified management objective designed to attain a specified benefit while maintaining healthy stock status and genetic integrity; benefits include, quality of experience, diversity of opportunity, conservative consumptive harvest opportunity, and economic benefits;

(9) "optimal sustained yield concern" means a threshold level of size composition genetic diversity, or abundance below which the ability of the wild trout stock to maintain a desired optimal sustained yield management objective is jeopardized;

(10) "overfishing" means a level of fishing on a wild trout stock that results in a sustainability concern or optimal sustained yield concern;

(11) "phenotypic characteristics" means those characteristics of an individual or group of wild trout that are expressed physically, such as body size and length at age;

(12) "stock of concern" means a stock of wild trout for which there is a sustainability concern or optimal sustained yield concern;

(13) "sustainability concern" means indications of a trend expected to result in a threshold level of size composition, genetic diversity, or abundance below which the ability of the wild trout stock to sustain itself is jeopardized;

(14) "wild trout" means the species rainbow trout or steelhead trout (Oncorhynchus mykiss), or cutthroat trout (Oncorhynchus clarkii), that are wild;

(15) "wild trout population" means a locally interbreeding group of wild trout that is distinguished by a distinct combination of genetic, phenotypic, life history, and habitat characteristics, comprised of an entire stock or a component portion of a stock; the smallest uniquely identifiable spawning aggregation of genetically similar wild trout used for monitoring purposes;

(16) "wild trout stock" means a locally interbreeding group of wild trout that is distinguished by a distinct combination of genetic, phenotypic, life history, and habitat characteristics or an aggregation of two or more interbreeding groups which occur within the same geographic area and is managed as a unit.

History

Authority: AS 16.05.251
Eff. 11/19/2003, Register 168

Article 9 Definitions

5 AAC 75.995 Definitions {#sec-5-aac-75.995 omnilex-key=us-ak-regs-official--title-5--5 AAC 75.995}

(a) In addition to the definitions set out in AS 16.05.940, in 5 AAC 47 - 5 AAC 75,

(1) "artificial fly" means a fly that is constructed by common methods known as fly tying, including a dry fly, wet fly, and nymph, or a bare single hook, and that is free of bait; materials and chemicals designed and produced primarily to cause flies to float or sink may be used on artificial flies;

(2) repealed 6/26/2016;

(3) "artificial lure"

(A) means a lure that is man-made, free of bait, and is used to attract fish for the purpose of taking fish;

(B) includes an artificial fly;

(4) "bag limit" means the maximum legal take of fish per person per day, in the area in which the person is fishing, even if part or all of the fish are immediately preserved; a fish when landed and not immediately released becomes a part of the bag limit of the person originally hooking it;

(5) "closed season" means the time during which fish may not be taken;

(6) "closed waters" means waters designated by the board wherein it is illegal to take fish;

(7) "char" means all char including Dolly Varden, Arctic char, Mackinaw or lake trout, and eastern brook trout;

(8) "charter vessel" means a vessel used for hire in the sport, personal use, or subsistence taking of fish or shellfish, and not used on the same day for any other commercial fishing purpose; a charter vessel does not include a vessel or skiff without a charter vessel operator;

(9) "drainage" means all of the waters comprising a watershed including tributary rivers, streams, sloughs, ponds, and lakes which contribute to the water supply of the watershed;

(10) "fresh water" means all inland waters; inland waters are separated from salt water at the mouths of creeks, streams and rivers at a line between extremities of the latter's banks at a mean low tide or at a point to be determined and adequately marked by the department;

(11) "grayling" means Arctic grayling;

(12) "length of fish" means the length from the tip of the snout to the tip of the tail (total length);

(13) "local representative of the department" means

(A) the nearest or most accessible professional employee of the department;

(B) a person designated by the commissioner or by a professional employee of the department to perform specific functions for the department; or

(14) "mark" or "marking" means all forms of skin alterations, fin clipping or other mutilation, or insertion of foreign materials in live fish that permit later identification;

(15) "molesting" means the harassing, disturbing, or interfering with fish by any means, including the use of any missile or object not established as legal gear; molesting includes dragging, kicking, throwing, striking, or otherwise abusing a fish that is intended to be released;

(16) "multiple hook" means a fish hook with two or more points with or without barbs;

(17) "open season" means the time during which fish may lawfully be taken; each period of time prescribed as an open season shall be construed to begin at 12:01 a.m. on the first day and end at midnight of the last day thereof;

(18) "peace officer of the state" means a person defined in AS 16.05.150;

(19) "pike" means northern pike;

(20) "possession limit" means the maximum number of unpreserved fish, except halibut, that a person may have in possession;

(21) "preserved fish" means fish prepared in such a manner, and in an existing state of preservation, as to be fit for human consumption after a 15-day period, and does not include unfrozen fish temporarily stored in coolers that contain ice or dry ice or fish that are lightly salted;

(22) "rockfish" means all fish of the genus Sebastes, including pelagic rockfish and nonpelagic rockfish;

(23) "salmon" means all salmon, including the five species of Pacific salmon;

(24) "salt water" means all marine waters: marine waters are separated from fresh water at the mouths of streams, rivers and creeks;

(25) repealed 6/30/84;

(26) "single hook" means a fish hook with only one point with or without a barb;

(27) "stream mouth" means the downstream point defined as a straight line running from the most downstream extremity on one streambank to the most downstream extremity on the other streambank, or a point defined and marked by the department;

(28) "toxicant" means any material or chemical that upon introduction into the waters of Alaska by direct or indirect means will kill, stun or drive fish from their natural repose;

(29) "transport" means ship, transport, carry, import, export or receive or deliver for shipment, transportation, carriage or export;

(30) "trout" includes rainbow, steelhead and cutthroat;

(31) "waters of Alaska" has the same meaning given in 5 AAC 39.975;

(32) "year" means the calendar year from January 1 through December 31;

(33) "area" means a regulatory management area as described in 5 AAC 47.005, 5 AAC 52.005, 5 AAC 55.005, 5 AAC 56.105, 5 AAC 57.105, 5 AAC 58.005, 5 AAC 59.105, 5 AAC 60.105, 5 AAC 61.105, 5 AAC 62.105, 5 AAC 64.005, 5 AAC 65.005, 5 AAC 67.005, 5 AAC 69.105, 5 AAC 70.005, 5 AAC 71.005, 5 AAC 73.005, and 5 AAC 74.005;

(34) "charter vessel operator" means a person engaged in carrying any person on board a vessel for any valuable consideration that passes directly or indirectly to the vessel's owner, operator, or a person with a financial interest in the vessel;

(35) "flowing waters" means all fresh waters, excluding lakes and ponds, that have a detectable current, including all creeks, streams, and rivers draining into, between, and out of all lakes and ponds, and all intertidal waters upstream of the stream mouth, as "stream mouth" is defined in 5 AAC 75.995;

(36) "bait" means any substance applied to fishing gear for the purpose of attracting fish by scent, including fish eggs in any form, natural or preserved animal, fish, fish oil, shellfish, or insect parts, natural or processed vegetable matter, and natural or synthetic chemicals;

(37) repealed 4/23/98;

(38) "shellfish" means all shellfish and marine invertebrates;

(39) "client" means a person who is a member of a fishing party that engages or uses a person to provide sport fishing guide services and who is not a sport fishing guide or sport fishing guide crewmember;

(40) "closely attended" means that the line or strike indicator is within the view of and is accessible to the angler at all times;

(41) "sport fishing guide" means a person who provides sport fishing guide services to persons who are engaged in sport fishing;

(42) "sport fishing guide services"

(A) means assistance, for compensation or with the intent to receive compensation, to a sport fisherman to take or to attempt to take fish by accompanying or physically directing the sport fisherman in sport fishing activities during any part of a sport fishing trip;

(B) does not include

(i) sport fishing services; or

(ii) services provided by an assistant, deckhand, or similar person who works directly under the supervision of and on the same vessel as a sport fishing guide;

(43) "sport fishing services"

(A) means the indirect provision of assistance, for compensation or with the intent to receive compensation, to a person engaged in sport fishing in taking or attempting to take fish or shellfish by a business that employs a sport fishing guide to provide sport fishing guide services to the person during any portion of a sport fishing trip:

(B) does not include

(i) an activity for which a sport fishing guide registration is required; or

(ii) booking and other ancillary services provided by a tour broker or agent to a sport fishing services operator;

(44) "highway" has the meaning given in AS 19.59.001;

(45) "set line" means an unattended line or lines that have been set, staked, anchored, or otherwise fixed;

(46) "nonpelagic rockfish" includes all rockfish species in the genus Sebastes that are not defined as pelagic rockfish;

(47) "pelagic rockfish" includes the following Sebastes species:

(A) dark (S. ciliatus);

(B) dusky (S. variabilis);

(D) yellowtail (S. flavidus);

(E) black (S. melanops);

(F) deacon (S. diaconus);

(48) "exclusive economic zone" means all waters adjacent to the waters of Alaska and seaward to a boundary line drawn in such a manner that each point on the line is 200 nautical miles from the baseline from which the territorial sea is measured;

(49) "sport fishing guide crewmember" means a person who, for compensation or with intent to receive compensation for services during a day or any portion of a day, provides assistance on board a vessel to clients of a sport fishing guide or a sport fishing guide operator;

(50) "spear"

(A) means a hand-operated shaft with a sharp point or fork-like implement attached to one end, used to thrust through the water to impale or retrieve fish;

(B) includes a Hawaiian sling or pole spear which is a shaft propelled by a single loop of elastic material that is not equipped with a mechanical release or trigger;

(51) "speargun" means a device designed to propel a spear through the water by means of elastic bands, compressed gas, or other mechanical propulsion to take fish that is equipped with a mechanical release or trigger.

(52) repealed 3/28/2019;

(53) repealed 3/28/2019;

(54) repealed 3/28/2019;

(55) "bow and arrow" means a long bow, recurve bow, compound bow, or crossbow, with an arrow with a barbed tip attached by a line to the bow;

(56) "guided sport ecotourism fishing" means taking or assisting another to take fish in order to demonstrate fishing techniques or for other educational purposes for compensation or with the intent to receive compensation, where all fish taken are returned to the water unharmed;

(57) "squid jig" means an artificial lure that may not exceed 24-inches in total length, used to target squid, that consists of barbless hook clusters and may not contain any barbed hooks.

(b) In this chapter, unless the context requires otherwise, "compensation"

(1) means direct or indirect payment, remuneration, and other benefits received in return for services, regardless of the source; in this paragraph, "benefits" includes

(A) wages and other employment benefits given directly or indirectly to an individual or organization; and

(B) dues, payments, fees, and other remuneration given directly or indirectly to a fishing club, business, organization, or individual who provides sport fishing guide services;

(2) does not include reimbursement for the actual daily expenses for fuel, food, or bait.

History

Authority: AS 16.05.251

Chapter 77 Personal Use Fishery

Article 1 Statewide Provisions

5 AAC 77.001 Intent and application of this chapter {#sec-5-aac-77.001 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.001}

(a) The Board of Fisheries finds that

(1) before the enactment of the state's subsistence priority law in ch. 151, SLA 1978, an individual could fulfill that individual's personal use needs for fish under subsistence fishing regulations;

(2) the state's subsistence priority law changed the definition of subsistence in a manner that now precludes some individuals from participating in customary and traditional subsistence fisheries and efficiently harvesting fish for their personal use;

(3) there presently are areas of the state with harvestable surpluses of fish in excess of both spawning escapement needs and present levels of subsistence, commercial and sport uses; and

(4) it is necessary to establish a fishery classified as "personal use" because

(A) since the sale of fish is not appropriate or permissible, this fishery cannot be classified as commercial;

(B) since the use is not a customary and traditional use, this fishery cannot be classified as subsistence; and

(C) since the gear for this fishery is often different from that historically associated with sport fishing, this fishery should not be classified as a sport fishery, to prevent confusion among the public.

(b) It is the intent of the board that the taking of fish under 5 AAC 77 will be allowed when that taking does not jeopardize the sustained yield of a resource and either does not negatively impact an existing resource use or is in the broad public interest.

(c) Regulations in 5 AAC 77 apply to the taking of finfish, shellfish and aquatic plants for personal use. The regulations in 5 AAC 77.001 - 5 AAC 77.049 apply to the taking of finfish, shellfish and aquatic plants in all waters of Alaska.

(d) The regulations in 5 AAC 77 do not prohibit the personal use of finfish, shellfish or aquatic plants legally taken under the subsistence, commercial and sport fishing regulations in 5 AAC 01 - 5 AAC 75.

(e) The definitions of legal gear in 5 AAC 39.105(d), unlawful possession of fish in 5 AAC 39.197, definitions in 5 AAC 39.975, and abbreviations and symbols in 5 AAC 39.997 apply to the regulations in 5 AAC 77.

(f) In this chapter, "personal use fishing" has the meaning given in AS 16.05.940.

History

Authority: AS 16.05.251
Eff. 6/20/82, Register 82; am 5/31/98, Register 146; am 9/3/2011, Register 199

5 AAC 77.002 Liability for violations {#sec-5-aac-77.002 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.002}

Unless otherwise provided in this chapter, or in AS 16, a person who violates a provision of this chapter is strictly liable for the offense, regardless of that person's intent.

History

Authority: AS 16.05.251
Eff. 3/13/2004, Register 169

5 AAC 77.005 Personal use fishing permitted {#sec-5-aac-77.005 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.005}

Finfish, shellfish, and aquatic plants may be taken for personal use only as provided in 5 AAC 77.

History

Authority: AS 16.05.251(a)
Eff. 6/20/82, Register 82

5 AAC 77.007 Criteria for the allocation of fishery resources among personal use, sport, and commercial fisheries {#sec-5-aac-77.007 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.007}

History

Authority: AS 16.05.251
Eff. 6/10/87, Register 102

5 AAC 77.010 Methods, means, and general restrictions {#sec-5-aac-77.010 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.010}

(a) Finfish, shellfish, and aquatic plants may be taken for personal use only by a holder of a valid resident Alaska sport fishing license or by an Alaskan resident exempt from licensing under AS 16.05.400.

(b) It is unlawful to buy, sell, trade or barter fish or their parts taken under the regulations in 5 AAC 77.

(d) Each personal use fisherman shall plainly and legibly inscribe the fisherman's first initial, last name, and home address on a keg or buoy attached to a gillnet, pot, or ring net. A keg or buoy attached to a pot or ring net must also be inscribed with the name or the division of motor vehicles boat registration number, issued under 2 AAC 70, of the vessel used to operate the pot or ring net.

(e) The gillnet web in a gillnet used for personal use fishing for salmon must contain

(1) at least 30 filaments, each of which must be of equal diameter; or

(2) at least six filaments, each of which must be at least 0.20 millimeters in diameter.

(f) A person may not possess salmon taken under the authority of a personal use salmon fishing permit unless both tips of the tail fin have been removed from the salmon before the salmon is concealed from plain view or transported from the fishing site.

(g) It is unlawful to take female king, Tanner, or Dungeness crab.

(h) No person may mutilate or otherwise disfigure a crab in any manner that would prevent determination of the minimum size restrictions in 5 AAC 77, until the crab has been processed or prepared for consumption.

(i) No more than five pots, regardless of type, per person with a maximum of 10 pots, regardless of type, per vessel may be used to take shellfish at any time, except that in the Southeastern Alaska and Yakutat Areas, no more than 10 shrimp pots per person with a maximum of 20 shrimp pots per vessel may be used in addition to pots, other than shrimp pots, in the taking of shrimp at any time.

(j) The harvest, bag, possession, and pot limits for shellfish in this chapter are not in addition to those allowed under subsistence fishing regulations contained in 5 AAC 02.

(k) Unless otherwise specified in this chapter, gear used in the personal use taking of shellfish is limited to the following:

(1) shrimp may be taken only with pots and ring nets;

(2) crab may be taken only with pots, ring nets, diving gear, dip nets, hooked or hookless handlines, or by hand; a line attached to a pole or rod may be used in the Bering Sea only when fishing a line through the ice;

(3) clams may be taken only by hand or with rakes, shovels, and manually operated clam guns;

(4) abalone may be taken only with abalone irons, diving gear, or by hand.

(l) In the personal use taking of miscellaneous shellfish, except for clams, scallops, abalone, and sea cucumbers,

(1) there is no closed season;

(2) there is no bag and possession limit;

(3) trawls, hand jigging, hand-operated dredges, and all gear specified in (k) of this section may be used.

(m) Pots used for personal use fishing must comply with the escape mechanism requirements in 5 AAC 39.145.

(n) The use of footgear with absorbent felt or other fiber material on the soles is prohibited while personal use fishing in freshwater.

History

Authority: AS 16.05.251
Eff. 6/20/82, Register 82; am 7/1/86, Register 99; am 7/12/86, Register 99; am 10/26/86, Register 100; am 4/2/88, Register 105; am 6/25/89, Register 110; am 9/19/90, Register 115; am 2/27/91, Register 117; am 7/16/92, Register 123; am 4/1/94, Register 129; am 6/5/94, Register 130; am 9/5/97, Register 143; am 5/31/98, Register 146; am 12/1/2004, Register 172; am 7/13/2012, Register 203; add'l am 7/13/2012, Register 203; am 5/9/2015, Register 214; am 8/27/2016, Register 219; am 6/25/2023, Register 246

5 AAC 77.015 Personal use fishing permits and reports and display of personal use fish {#sec-5-aac-77.015 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.015}

(a) A permit is not required to take fish unless otherwise specified in 5 AAC 77.

(b) Permits for the taking of finfish will be issued only to holders of a valid resident Alaska sport fishing license and Alaska residents exempt from licensing under AS 16.05.400. Permits for the taking of shellfish and aquatic plants will be issued only to holders of a valid Alaska sport fishing license and persons exempt from licensing under AS 16.05.400.

(c) When a personal use fishing permit is required, the following permit conditions apply, unless otherwise specified by the regulations in 5 AAC 77:

(1) the numbers of fish taken may not exceed the limits set out in the permit;

(2) the permit must be obtained from the department before taking fish;

(3) the permit and the permittee's sport fishing license must be retained in the possession of the permittee and be readily available for inspection upon request by a peace officer of the state while taking or transporting the species for which the permit is issued;

(4) the permit may designate the species and numbers of fish to be harvested, time and area for taking, the type and amount of fishing gear and other conditions necessary for management or conservation purposes;

(5) if specified on the permit, each fisherman shall keep accurate daily records of the catch involved, showing the number of fish taken by species, location and date of the catch, and such other information as the department may require for management or conservation purposes;

(6) personal use fishing reports must be completed on forms provided by the department or electronically at the time specified by the department for each particular area and fishery;

(7) if applicable, the total annual possession limit for the permittee will be entered on each permit by the department representative issuing the permit; and

(8) if applicable, the department representative issuing the permit will require from an applicant documented proof of residency or other criteria required by regulation, or in the absence of such documentation, a signed affidavit setting forth duration of residency or other criteria required by regulation, to determine the applicable type of permit, annual possession limit and residency of the applicant.

(d) If the return of catch information necessary for management and conservation purposes is required by a personal use fishing permit, a permittee who fails to comply with such reporting requirements is ineligible to receive a personal use permit for that activity during the following calendar year, unless the permit applicant demonstrates to the department that failure to report was due to unavoidable circumstances.

(e) Repealed 5/31/98.

(f) Upon request by an employee of the department, a person must show to the employee

(1) that person's record of catch taken under this chapter; and

(2) fish taken and possessed by the person in a personal use fishery.

History

Authority: AS 16.05.251
Eff. 6/20/82, Register 82; am 7/30/89, Register 111; am 5/29/93, Register 126; am 5/31/98, Register 146; am 7/18/99, Register 151; am 11/10/2024, Register 252

5 AAC 77.016 Personal use fishing by proxy {#sec-5-aac-77.016 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.016}

(a) Finfish, shellfish, and aquatic plants may be taken by personal use fishing by proxy only as provided in AS 16.05.405 and in this section.

(b) Any species of finfish, except halibut, shellfish, or aquatic plant that may be taken by personal use fishing under this chapter may be taken by personal use fishing by proxy.

(c) Before a proxy may take, attempt to take, or transport finfish, shellfish, or aquatic plants taken under this section, on behalf of a beneficiary, the proxy or the beneficiary shall obtain and complete a proxy fishing information form available from the department. The proxy or the beneficiary shall take or mail the completed form to any ADF&G office for validation. The department shall return the validated form and retain a copy for the department's records. In addition to the requirements of AS 16.05.405(c), the proxy must have in possession a validated proxy fishing information form when taking, attempting to take, or transporting finfish, shellfish, or aquatic plants taken under this section, on behalf of a beneficiary. A personal use fishing permit issued by the department may be substituted for the proxy fishing information form if the information requested on the personal use fishing permit is essentially the same as the information requested on the proxy fishing information form.

(d) As provided in AS 16.05.405, a proxy who takes or attempts to take finfish, shellfish, or aquatic plants by personal use fishing on behalf of a beneficiary may, at the same time, fish for the proxy's own use, except that the proxy may not

(1) take more than twice the bag limit, and may not possess more than twice the possession limit of a species, as established in this chapter, for the waters in which the fishing occurs; and

(2) fish with more than one legal limit of gear, as established in 5 AAC 77.

(e) A beneficiary may not authorize more than one proxy to take or attempt to take finfish, shellfish, or aquatic plants on the beneficiary's behalf at one time. A beneficiary may not personally take or attempt to take finfish, shellfish, or aquatic plants at the same time that a proxy is taking or attempting to take finfish, shellfish, or aquatic plants on the beneficiary's behalf.

(f) A person may not give or receive remuneration in order to obtain, grant, or influence the granting of an authorization to take or attempt to take finfish, shellfish, or aquatic plants by proxy on behalf of a beneficiary.

(g) In this section,

(1) "beneficiary" means a resident

(A) who is blind, is a person with physical or developmental disabilities as defined in AS 16.05.940, or is 65 years of age or older; and

(B) on whose behalf finfish, shellfish, or aquatic plants are to be taken or attempted to be taken under AS 16.05.405;

(2) "proxy" means a resident who holds a valid resident sport fishing license and who wishes to take or attempt to take finfish, shellfish, or aquatic plants on behalf of a beneficiary under AS 16.05.405;

(3) "fishing site" means the location where the finfish or shellfish is removed from the water and becomes part of the beneficiary's specified limit.

(h) A proxy fishing information form is valid for the remainder of the calendar year during which it is issued, unless the beneficiary specifies an earlier ending date on the proxy information form.

(i) Before concealing the finfish or shellfish from plain view or transporting the finfish or shellfish from the fishing site, a proxy must record on the proxy fishing information form, or a personal use permit if allowed under (c) of this section, the date, location (body of water fished), species, approximate weight, and number of the finfish or shellfish taken by the proxy on behalf of a beneficiary.

(j) Within 30 days after taking finfish or shellfish for a beneficiary under this section, a proxy must personally deliver the finfish or shellfish to the beneficiary.

History

Authority: Sec. 1, ch. 81,AS 16.05.251; AS 16.05.403 SLA 1992AS 16.05.370; AS 16.05.405
Eff. 6/5/94, Register 130; am 6/15/95, Register 134; am 5/26/2006, Register 178; am 8/8/2007, Register 183; am 3/15/2008, Register 185; am 9/19/2019, Register 231; am 9/24/2021, Register 239

5 AAC 77.019 Prohibitions on shellfish pot gear {#sec-5-aac-77.019 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.019}

A person may not disturb, tamper with, or retrieve another person's shellfish pot gear without prior permission of the owner of that pot gear.

History

Authority: AS 16.05.251
Eff. 7/1/2006, Register 178; am 9/12/2008, Register 187

5 AAC 77.025 Use of commercially licensed or registered vessels {#sec-5-aac-77.025 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.025}

(a) Limitations on the use of personal use shrimp gear by vessels and participants in commercial shrimp fisheries are contained in 5 AAC 31.

(b) Limitations on the use of personal use Dungeness crab gear by vessels and participants in commercial Dungeness crab fisheries are contained in 5 AAC 32.

(c) Limitations on the use of personal use king crab gear by vessels and participants in commercial king crab fisheries are contained in 5 AAC 34.

(d) Limitations on the use of personal use Tanner crab gear by vessels and participants in commercial Tanner crab fisheries are contained in 5 AAC 35.

History

Authority: AS 16.05.251
Eff. 7/1/86, Register 99; am 6/5/94, Register 130; am 8/14/96, Register 139; am 11/6/96, Register 140

5 AAC 77.027 Prohibitions for use of personal use-taken shellfish {#sec-5-aac-77.027 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.027}

(1) shellfish has been taken with gear deployed and retrieved by the client or guest;

(2) gear has been marked with the client's or guest's name and address, as specified in 5 AAC 77.010(d); and

(3) shellfish is to be consumed by the client or guest or is consumed in the presence of the client or guest.

(b) The captain and crewmembers of a charter vessel may not deploy, set, or retrieve their own gear in a personal use fishery when that vessel is being chartered.

History

Authority: AS 16.05.251
Eff. 7/16/2011, Register 199; am 7/13/2012, Register 203

5 AAC 77.035 Width of shell measurement for king and Tanner crab {#sec-5-aac-77.035 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.035}

History

Authority: AS 16.05.251
Eff. 9/12/2008, Register 187

Eff. 4/2/88, Register 105; am 4/7/90, Register 114; repealed 8/27/2016, Register 219

Eff. 4/2/88, Register 105; am 4/7/90, Register 114; repealed 8/27/2016, Register 219

Article 4 Yukon Area

5 AAC 77.150 Description of Yukon Area {#sec-5-aac-77.150 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.150}

Repealed.

History

Eff. 7/1/86, Register 99; am 7/16/92, Register 123; am 3/11/2001, Register 157; am 7/13/2012, Register 203; repealed 8/27/2016, Register 219

5 AAC 77.155 Description of Subdistrict 6-C {#sec-5-aac-77.155 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.155}

Subdistrict 6-C is as described in 5 AAC 05.200(f).

History

Authority: AS 16.05.251
Eff. 7/1/86, Register 99; am 8/27/2016, Register 219

5 AAC 77.157 Restrictions on personal use salmon fishing {#sec-5-aac-77.157 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.157}

Repealed.

History

Eff. 7/16/92, Register 123; am 5/29/93, Register 126; repealed 6/17/98, Register 146

5 AAC 77.158 Gear for shellfish {#sec-5-aac-77.158 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.158}

Repealed.

History

Eff. 7/1/86, Register 99; repealed 8/27/2016, Register 219

5 AAC 77.160 Personal use shrimp fishery {#sec-5-aac-77.160 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.160}

Repealed.

History

Eff. 7/1/86, Register 99; repealed 8/27/2016, Register 219

5 AAC 77.162 Personal use Dungeness crab fishery {#sec-5-aac-77.162 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.162}

Repealed.

History

Eff. 7/1/86, Register 99; repealed 8/27/2016, Register 219

5 AAC 77.164 Personal use king crab fishery {#sec-5-aac-77.164 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.164}

Repealed.

History

Eff. 7/1/86, Register 99; repealed 8/27/2016, Register 219

5 AAC 77.166 Personal use Tanner crab fishery {#sec-5-aac-77.166 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.166}

Repealed.

History

Eff. 7/1/86, Register 99; repealed 8/27/2016, Register 219

5 AAC 77.170 Personal use salmon fishery {#sec-5-aac-77.170 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.170}

Deleted.

History

Eff. 6/10/87, Register 102; am 4/2/88, Register 105; deleted as of 10/93, Register 127

5 AAC 77.171 Lawful gear for personal use finfish fishing {#sec-5-aac-77.171 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.171}

(a) In Subdistrict 6-C, finfish may be taken for personal use only by set gillnets and fish wheels as follows:

(1) a person may not operate more than one type of gear at the same time for commercial, personal use, and subsistence purposes;

(2) the aggregate length of a set gillnet may not exceed 150 fathoms;

(3) a person may not set or operate personal use fishing gear within 200 feet of other operating commercial, personal use, or subsistence fishing gear;

(4) a gillnet or fish wheel may not obstruct more than one-half the width of any fish stream and any channel or side channel of a fish stream;

(5) a household may not operate more than one fish wheel;

(6) after August 15, a person may not take salmon with a gillnet that has a mesh size greater than six inches;

(7) unless a person is fishing under the ice, gillnets in operation sunk below the surface must have a keg, buoy, or cluster of floats visible on the surface of the water at each end of the submerged net, and for submerged gillnets over 60 feet in length, a third keg, buoy, or cluster of floats must be attached to the middle of the net.

(b) Notwithstanding (a) of this section, during times when the commissioner determines it to be necessary for the conservation of salmon, other than king salmon, the commissioner may, by emergency order, close the Yukon Area Subdistrict 6-C personal use salmon fishing season and immediately reopen the season during which the following gear limitations apply:

(1) a gillnet used to take salmon

(A) must be four inches or less mesh or seven and one-half inches in mesh size;

(B) that is four inches or less in mesh size, may not exceed the length and depth specified by the commissioner; and the gillnet may only be operated as a set gillnet; no part of a set gillnet may be more than 100 feet from the ordinary high water mark;

(C) that is seven and one-half inches in mesh size, may not exceed the length and depth specified by the commissioner; and the gillnet may only be operated as a set gillnet; no part of a set gillnet may be more than 100 feet from the ordinary high water mark;

(2) for fish wheels:

(A) the operator must closely attend the fish wheel while it is in operation, and all salmon, other than king salmon, must be immediately released to the water alive and must bypass any livebox, unless retention is allowed by emergency order;

(B) repealed 6/28/2019;

(3) dip nets may be used, however all salmon, other than king salmon, caught must be released to the water alive, unless retention is allowed by emergency order; notwithstanding (a)(3) of this section, a person may operate a dip net within 200 feet of another person operating a dip net.

(c) Notwithstanding (a) of this section, during times when the commissioner determines it to be necessary for the conservation of king salmon, the commissioner may, by emergency order, close the Yukon Area Subdistrict 6-C personal use salmon fishing season and immediately reopen the season during which the following gear limitations apply:

(1) a gillnet used to take salmon

(A) must be six inches or less in mesh size; and the gillnet may only be operated as a set gillnet; no part of a set gillnet may be more than 100 feet from the ordinary high water mark;

(B) may not exceed the length and depth specified by the commissioner;

(C) that is four inches or less in mesh size, may not exceed the length and depth specified by the commissioner; and the gillnet may only be operated as a set gillnet; no part of a set gillnet may be more than 100 feet from the ordinary high water mark;

(2) for fish wheels:

(A) the operator must closely attend the fish wheel while it is in operation, and all king salmon must be immediately released to the water alive and must bypass any livebox, unless retention is allowed by emergency order;

(B) repealed 6/28/2019;

(3) dip nets may be used, however all king salmon caught must be released to the water alive; notwithstanding (a)(3) of this section, a person may operate a dip net within 200 feet of another person operating a dip net.

(d) For the purposes of this section, "livebox" means a submerged container attached to a fish wheel that will keep fish caught by the fish wheel alive.

(e) In Subdistrict 6-C, notwithstanding any other provision of this section that allows a person to take salmon with a gillnet that has a mesh size greater than seven and one-half inches, a person may not take salmon with a gillnet that has a mesh size greater than seven and one-half inches.

History

Authority: AS 16.05.251
Eff. 6/10/98, Register 146; am 6/17/2001, Register 158; am 8/24/2002, Register 163; am 8/23/2009, Register 191; am 5/19/2010, Register 194; am 7/13/2012, Register 203; am 5/22/2016, Register 218; am 6/28/2019, Register 230; am 9/19/2019, Register 231; am 5/24/2023, Register 246; am 6/25/2023, Register 246

5 AAC 77.172 Personal use salmon fishing permits and reports {#sec-5-aac-77.172 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.172}

(a) In Subdistrict 6-C, an annual permit is required to take salmon for personal use. Only one permit per household is allowed annually. The annual possession limit per permit holder is 10 king salmon and 75 chum salmon for periods through August 15, and 75 chum and coho combined for periods after August 15.

(b) Personal use salmon harvest limits in Subdistrict 6-C are 750 king salmon and 5,000 chum salmon taken through August 15, and 5,200 chum salmon and coho salmon combined taken after August 15. When either the king or chum salmon harvest limit for the period before August 16 has been taken, the personal use salmon fishing season in Subdistrict 6-C will close. A later season will open after August 15 to allow the taking of the harvest limit for the period after August 15. If the chum salmon harvest limit has not been obtained through August 15, the remaining harvest will not be added to the chum salmon harvest level for the period after August 15.

History

Authority: AS 16.05.251
Eff. 7/26/90, Register 115; am 5/29/93, Register 126; am 6/17/98, Register 146

5 AAC 77.173 Personal use salmon fishing seasons and periods {#sec-5-aac-77.173 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.173}

(a) Unless altered by emergency order, personal use salmon fishing periods are from 6:00 p.m. Friday until 12:00 noon Sunday, and from 6:00 p.m. Monday until 12:00 noon Wednesday.

(b) Salmon fishing seasons or periods may be altered by emergency order for conservation purposes or to prevent harvest limits from being exceeded.

(c) In Subdistrict 6-C, salmon may be taken only by set gillnet or fish wheel. A person may not operate a set gillnet with a mesh size greater than six inches after a date specified by emergency order issued at some time between July 5 and July 25.

History

Authority: AS 16.05.251
Eff. 5/29/93, Register 126

5 AAC 77.174 Waters closed to personal use fishing {#sec-5-aac-77.174 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.174}

(a) Repealed 5/22/2016.

(b) The following waters are closed to personal use fishing:

(1) the Delta Clearwater River (Clearwater Creek at 64° 06' N. lat., 145° 34' W. long.), Richardson Clearwater Creek (Clear Creek at 64° 14' N. lat., 146° 16' W. long.), Goodpaster River, Chena River, Little Chena River, Little Salcha River, Blue Creek, Shaw Creek, Bear Creek, McDonald Creek, and Moose Creek, within 500 feet of their mouths;

(2) the Salcha River upstream of a line between ADF&G regulatory markers at its mouth;

(3) Bolio, Birch, Lost, Harding, Craig, Fielding, Quartz, and Little Harding lakes;

(4) Piledriver and Badger (Chena) sloughs;

(5) repealed 6/17/98;

(6) the Delta River.

History

Authority: AS 16.05.251
Eff. 5/29/93, Register 126; am 3/24/95, Register 133; am 6/17/98, Register 146; am 5/22/2016, Register 218

5 AAC 77.180 Personal use herring fishery {#sec-5-aac-77.180 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.180}

Repealed.

History

Eff. 4/2/88, Register 105; am 4/7/90, Register 114; repealed 8/27/2016, Register 219

5 AAC 77.190 Personal use whitefish and sucker fishery {#sec-5-aac-77.190 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.190}

(a) Whitefish and suckers may be taken for personal use only in the Fairbanks Nonsubsistence Area described in 5 AAC 99.015(a)(4) under the authority of a permit issued under 5 AAC 77.015.

(b) The department shall adhere to the following when issuing personal use whitefish and sucker permits:

(1) the fishing effort may be permitted only in places and during times when resource abundance will allow a harvest without jeopardizing sustained yield and in a manner that will provide for an orderly fishery;

(2) permits may be issued for spears and set gillnet, beach seine, dip net, fyke net, and fish wheel gear;

(3) finfish other than whitefish and suckers may not be retained under a permit issued under this section.

History

Authority: AS 16.05.251
Eff. 7/26/90, Register 115; am 6/17/98, Register 146; am 6/17/2001, Register 158; am 6/7/2007, Register 182; am 6/21/2007, Register 182; am 6/5/2016, Register 218

Eff. 4/2/88, Register 105; am 7/26/90, Register 115; repealed 8/27/2016, Register 219

Article 6 Bristol Bay Area

5 AAC 77.250 Description of Bristol Bay Area {#sec-5-aac-77.250 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.250}

The Bristol Bay Area consists of all waters of Bristol Bay enclosed by a line from the westernmost tip of Cape Newenham to the westernmost tip of Cape Menshikof.

History

Authority: AS 16.05.251(a)
Eff. 6/20/82, Register 82

5 AAC 77.255 Description of districts {#sec-5-aac-77.255 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.255}

Repealed.

History

Eff. 6/20/82, Register 82; repealed 8/27/2016, Register 219

5 AAC 77.257 Personal use shellfish permit {#sec-5-aac-77.257 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.257}

Repealed.

History

Eff. 7/1/86, Register 99; repealed 8/27/2016, Register 219

5 AAC 77.260 Personal use shrimp fishery {#sec-5-aac-77.260 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.260}

Repealed.

History

Eff. 7/1/86, Register 99; repealed 8/27/2016, Register 219

5 AAC 77.262 Personal use Dungeness crab fishery {#sec-5-aac-77.262 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.262}

Repealed.

History

Eff. 7/1/86, Register 99; am 9/19/90, Register 115; repealed 8/27/2016, Register 219

5 AAC 77.264 Personal use king crab fishery {#sec-5-aac-77.264 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.264}

Repealed.

History

Eff. 7/1/86, Register 99; am 9/19/90, Register 115; repealed 8/27/2016, Register 219

5 AAC 77.266 Personal use Tanner crab fishery {#sec-5-aac-77.266 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.266}

Repealed.

History

Eff. 7/1/86, Register 99; am 9/19/90, Register 115; repealed 8/27/2016, Register 219

5 AAC 77.270 Personal use herring fishery {#sec-5-aac-77.270 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.270}

Repealed.

History

Eff. 4/2/88, Register 105; repealed 8/27/2016, Register 219

5 AAC 77.280 Nushagak District personal use gillnet salmon fishery {#sec-5-aac-77.280 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.280}

Repealed.

History

Eff. 4/2/88, Register 105; am 12/1/2004, Register 172; repealed 8/27/2016, Register 219

5 AAC 77.285 Naknek River Personal Use Sockeye Salmon Fishery Management Plan {#sec-5-aac-77.285 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.285}

(a) The department shall allow the taking of salmon by dip nets and gillnets in the Naknek River from its terminus upstream to ADF&G regulatory markers located near Savonski from when the department has estimated that 900,000 sockeye salmon are in the river through July 25.

(b) During the open season, salmon may be taken by dip nets seven days per week and by gillnets during open subsistence salmon fishing periods for the Naknek River.

(d) The annual limit is 75 salmon. This limit is not in addition to the limits in 5 AAC 67.020 and 5 AAC 67.022.

(e) No set gillnet may exceed 10 fathoms in length and five and three-eighths inches in mesh size. No set gillnet may be set or operated within 300 feet of another set gillnet.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 6/20/82, Register 82; am 5/11/85, Register 94; am 4/16/2016, Register 218

Eff. 6/2/88, Register 106; repealed 5/31/98, Register 146

Eff. 7/1/86, Register 99; am 9/19/90, Register 115; repealed 8/27/2016, Register 219

Eff. 7/1/86, Register 99; am 9/19/90, Register 115; repealed 7/16/2011, Register 199

Article 10 Kodiak Area

5 AAC 77.450 Description of area {#sec-5-aac-77.450 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.450}

The Kodiak Area includes all waters of Alaska south of a line extending east from Cape Douglas (58° 51.10' N. lat.), west of 150° W. long., north of 55° 30.00' N. lat., and east of the longitude of the southern entrance of Imuya Bay near Kilokak Rocks (156° 20.22' W. long.).

History

Authority: AS 16.05.251
Eff. 7/1/86, Register 99; am 6/15/96, Register 138

5 AAC 77.455 Fishing districts {#sec-5-aac-77.455 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.455}

Repealed.

History

Eff. 7/1/86, Register 99; repealed 7/16/2011, Register 199

5 AAC 77.457 Personal use fishing permits {#sec-5-aac-77.457 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.457}

Repealed.

History

Eff. 7/1/86, Register 99; repealed 7/16/2011, Register 199

5 AAC 77.460 Personal use shrimp fishery {#sec-5-aac-77.460 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.460}

Repealed.

History

Eff. 7/1/86, Register 99; repealed 7/16/2011, Register 199

5 AAC 77.462 Personal use Dungeness crab fishery {#sec-5-aac-77.462 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.462}

Repealed.

History

Eff. 7/1/86, Register 99; am 9/19/90, Register 115; repealed 7/16/2011, Register 199

5 AAC 77.464 Personal use king crab fishery {#sec-5-aac-77.464 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.464}

Repealed.

History

Eff. 7/1/86, Register 99; am 7/23/88, Register 107; am 9/19/90, Register 115; repealed 8/14/96, Register 139

5 AAC 77.466 Personal use Tanner crab fishery {#sec-5-aac-77.466 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.466}

Repealed.

History

Eff. 7/1/86, Register 99; am 9/19/90, Register 115; repealed 7/16/2011, Register 199

5 AAC 77.468 Personal use salmon fishery {#sec-5-aac-77.468 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.468}

In the personal use taking of salmon in the Kodiak Area,

(1) salmon may be taken only in the waters of Settler Cove west of 152° 50.80' W. long., including all fresh water below the falls of Crescent Creek;

(2) there is no closed season;

(3) there is no bag or possession limit; and

(4) salmon may be taken only by dip net.

History

Authority: AS 16.05.251
Eff. 4/21/2011, Register 198

Article 11 Cook Inlet Area

5 AAC 77.500 Description of Cook Inlet Area {#sec-5-aac-77.500 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.500}

The Cook Inlet Area consists of all waters of Alaska enclosed by a line extending east from Cape Douglas (58° 51.10' N. lat.) and a line extending south from Cape Fairfield (148° 50.25' W. long.).

History

Authority: AS 16.05.251
Eff. 6/20/82, Register 82; am 5/31/96, Register 138; am 3/11/2001, Register 157

5 AAC 77.505 Description of districts and subdistricts {#sec-5-aac-77.505 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.505}

Districts and subdistricts are described in 5 AAC 21.200.

History

Authority: AS 16.05.251(a)
Eff. 6/20/82, Register 82

5 AAC 77.507 Personal use permit for shellfish {#sec-5-aac-77.507 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.507}

A person must obtain a personal use shellfish permit as set out under 5 AAC 77.015 from the department before harvesting razor clams or shellfish with pots in the Cook Inlet Area. Upon taking shellfish and before concealing the shellfish from plain view or removing the shellfish from the fishing site, the person must enter the catch information requested on the personal use permit. A person who fails to comply with the requirements of 5 AAC 77.015 or this section, including a requirement to return harvest and catch information to the department, may be ineligible to obtain a shellfish harvest recording form during the following season in the fishery for which the form was required, unless the permit applicant demonstrates to the department that failure to report was due to unavoidable circumstances.

History

Authority: AS 16.05.251
Eff. 9/12/2008, Register 187; am 9/19/2019, Register 231; am 7/10/2025, Register 255

5 AAC 77.508 Personal use permit for shellfish {#sec-5-aac-77.508 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.508}

Repealed.

History

Eff. 6/1/96, Register 138; am 6/5/2003, Register 166; repealed 7/1/2006, Register 178

5 AAC 77.509 Lawful gear and gear specifications for shellfish {#sec-5-aac-77.509 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.509}

(a) Notwithstanding 5 AAC 77.010(i), and except as provided in 5 AAC 77.511, no more than two pots per person, regardless of type, with a maximum of two pots per vessel, regardless of type, may be used to take shellfish at any time.

(b) Each pot, other than shrimp pots, used to take shellfish in the Cook Inlet Area must have a minimum of two escape rings that are at least four and three-eighths inches in inside diameter.

(d) A pot used to take shellfish may not have any portion of the line attaching the pot to a buoy or buoys floating on the surface of the water at any time, except for that portion of the line connecting the main buoy to any auxiliary buoy or buoys.

History

Authority: AS 16.05.251
Eff. 6/1/96, Register 138; am 8/24/2002, Register 163; am 7/16/2011, Register 199; am 8/27/2016, Register 219

5 AAC 77.510 Fishing seasons and periods {#sec-5-aac-77.510 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.510}

Repealed 7/1/86.

5 AAC 77.511 Personal use shrimp fishery {#sec-5-aac-77.511 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.511}

In the personal use taking of shrimp,

(1) shrimp may be taken only from April 15 through September 15 in the waters of Cook Inlet between the longitude of Gore Point and the longitude of Cape Fairfield, including the waters of Resurrection Bay;

(2) a person may only take shrimp under this section under a permit issued by the department under 5 AAC 77.015;

(3) notwithstanding 5 AAC 77.010(i) and 5 AAC 77.509(a), no more than five pots per person, and no more than five pots per vessel, may be used to take shrimp;

(4) all shrimp pots must have tunnel eye openings that individually are not larger than 15 inches in perimeter and at least two adjacent vertical sides, or near-vertical sides, excluding tunnels, completely composed of uncovered net webbing or rigid mesh; pots that do not have a definable side, including round pots, must have net webbing or rigid mesh panels covering a minimum of 50 percent of the vertical, or near-vertical, surface area of the pot; the net webbing or rigid mesh on all pots must be large enough to allow the unaided passage of a maximum 12-inch long, seven-eighths inch diameter, round wooden peg without deforming the opening, except for the selvage.

History

Authority: AS 16.05.251
Eff. 7/1/86, Register 99; am 9/12/97, Register 143; am 7/1/2006, Register 178; am 7/13/2012, Register 203; am 8/27/2016, Register 219

5 AAC 77.512 Personal use Dungeness crab fishery {#sec-5-aac-77.512 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.512}

Repealed.

History

Eff. 7/1/86, Register 99; am 6/1/90, Register 114; am 6/5/94, Register 130; am 2/24/96, Register 137; am 7/5/2000, Register 155; repealed 8/27/2016, Register 219

5 AAC 77.514 Personal use king crab fishery {#sec-5-aac-77.514 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.514}

Repealed.

History

Eff. 7/1/86, Register 99; am 10/26/86, Register 100; am 7/23/88, Register 107; am 6/24/93, Register 126; am 2/24/96, Register 137; am 8/8/99, Register 151; repealed 8/27/2016, Register 219

5 AAC 77.515 Lawful gear and gear specifications {#sec-5-aac-77.515 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.515}

Repealed 7/1/86.

5 AAC 77.516 Personal use Tanner crab fishery {#sec-5-aac-77.516 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.516}

Repealed.

History

Eff. 6/20/82, Register 82; am 6/30/83, Register 86; am 5/11/85, Register 94; am 7/1/86, Register 99; am 7/23/88, Register 107; am 6/1/90, Register 114; am 6/24/93, Register 126; am 2/24/96, Register 137; am 8/24/2002, Register 163; am 8/14/2005, Register 175; am 9/12/2008, Register 187; am 6/27/2014, Register 210; repealed 8/27/2016, Register 219

5 AAC 77.518 Personal use clam fishery {#sec-5-aac-77.518 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.518}

In the personal use taking of clams,

(1) there is no closed season;

(2) there are no bag, possession, or size limits for clams, except that

(A) from the mouth of the Kenai River to the southernmost tip of the Homer Spit, the bag limit for razor clams is the first 60 clams taken or possessed and the possession limit is 120 clams; in all other waters in the Cook Inlet Area, the bag and possession limit for razor clams is the first 10 gallons taken or possessed;

(B) for littleneck clams and butter clams, there is no open season; they may not be retained or possessed;

(3) repealed 7/1/2006.

History

Authority: AS 16.05.251
Eff. 7/1/86, Register 99; am 6/5/94, Register 130; am 9/5/97, Register 143; am 7/5/2000, Register 155; am 6/5/2003, Register 166; am 7/1/2006, Register 178; am 7/13/2012, Register 203; am 9/25/2022, Register 243

5 AAC 77.519 East Cook Inlet Razor Clam Personal Use Fishery Management Plan {#sec-5-aac-77.519 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.519}

(a) The purpose of this plan is to direct the department in the management of the personal use razor clam fisheries in east Cook Inlet from the mouth of the Kenai River to the southernmost tip of the Homer Spit and to establish abundance thresholds for adult clams greater than or equal to 80 mm and stock productivity indices for the fisheries in the Clam Gulch and Ninilchik Areas.

(1) if the estimated adult clam abundance is greater than or equal to the average 1989 - 2012 abundance, the adult clam recruitment replaces or exceeds harvest and natural mortality, and the size composition index of the harvest is equal to the 1989 - 2012 average, then the fishery will be managed as provided in 5 AAC 58.022(a)(14)(A) and 5 AAC 77.518(2)(A); the combined harvest rate of the sport and personal use fisheries are not expected to exceed 20 percent of the adult clam abundance;

(2) if the estimated adult clam abundance is greater than or equal to 50 percent of the average 1989 - 2012 abundance but the population does not meet the criteria set out under (1) of this subsection, razor clams may be taken from August 1 through August 31 and the bag and possession limits are the first 15 clams taken or possessed; the combined harvest rate of the sport and personal use fisheries is not expected to exceed 10 percent of the adult clam abundance.

History

Authority: AS 16.05.251
Eff. 9/25/2022, Register 243; am 11/10/2024, Register 252; am 7/10/2025, Register 255

5 AAC 77.520 Areas closed to personal use fishing for shellfish {#sec-5-aac-77.520 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.520}

The following areas are closed to the personal use taking of all shellfish:

(1) the intertidal beach along Shipwreck Cove in China Poot Bay enclosed by a line from 59° 34.34' N. lat., 151° 18.11' W. long., to 59° 34.26' N.lat., 151° 17.96' W. long., to 59° 34.20' N. lat., 151° 17.94' W. long., to 59° 34.19' N. lat., 151° 17.81' W. long., to 59° 34.13' N. lat., 151° 17.75' W. long., to 59° 34.13' N. lat., 151° 17.77' W. long., to 59° 34.19' N. lat., 151° 17.96' W. long., to 59° 34.26'N. lat., 151° 17.98' W. long., to 59° 34.33' N. lat., 151° 18.14' W. long., as marked by ADF&G regulatory markers located in the upper intertidal area;

(2) the intertidal beach by Otter Rock in Peterson Bay enclosed by a line from 59° 34.78' N. lat., 151° 17.84' W. long., to 59° 34.70' N. lat., 151° 17.68' W. long., to 59° 34.79' N. lat, 151° 17.68' W. long., as marked by ADF&G regulatory markers located in the upper intertidal area.

History

Authority: AS 16.05.251
Eff. 8/23/2009, Register 191

5 AAC 77.525 Personal use salmon fishery {#sec-5-aac-77.525 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.525}

(a) Only one personal use salmon fishing permit may be issued to each household per year.

(b) Repealed 7/21/91.

(c) In the personal use taking of salmon, unless otherwise specified in 5 AAC 77.500 - 5 AAC 77.548, the total annual limit for each personal use salmon fishing permit is 25 salmon for the head of a household and 10 salmon for each dependent of the permit holder.

(d) Notwithstanding any provision in 5 AAC 01 - 77, in the Cook Inlet Area, a person may possess sport-caught and personal-use caught salmon on the same day.

History

Authority: AS 16.05.251
Eff. 6/20/82, Register 82; am 6/30/83, Register 86; am 7/1/86, Register 99; em am 4/30/91 - 5/30/91, Register 118 [not printed]; am 7/21/91, Register 119; am 6/22/2002, Register 162

5 AAC 77.526 Skwentna River personal use salmon fishery {#sec-5-aac-77.526 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.526}

Repealed.

History

Eff. 5/31/96, Register 138; repealed 5/31/98, Register 146

5 AAC 77.527 Personal use smelt fishery {#sec-5-aac-77.527 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.527}

In the personal use taking of smelt,

(1) there are no bag or possession limits;

(2) smelt may be taken

(A) in salt water from April 1 through May 31;

(B) in fresh water from April 1 through June 15;

(D) with a drift gillnet only from April 1 through June 15, as follows:

(i) a drift gillnet may be used only in the Kenai River downstream of an ADF&G regulatory marker at Cunningham Park;

(ii) a drift gillnet may not be more than 20 feet in length, four feet in depth, and one and one-half inches in mesh size; and

(iii) a drift gillnet must be attended by the person operating the gillnet at all times that the net is fishing;

(3) repealed 7/21/99.

History

Authority: AS 16.05.251
Eff. 7/1/86, Register 99; am 3/29/87, Register 101; am 4/7/93, Register 126; am 7/21/99, Register 151; am 3/8/2002, Register 161; am 5/18/2014, Register 210

5 AAC 77.530 Personal use bag and possession limits {#sec-5-aac-77.530 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.530}

Repealed 7/1/86.

5 AAC 77.531 Personal use herring fishery {#sec-5-aac-77.531 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.531}

In the personal use taking of herring,

(1) there are no bag or possession limits;

(2) herring may be taken

(A) in the Northern and Central Districts from April 1 through May 31;

(B) in the Southern, Kamishak Bay, Barren Island, Outer, and Eastern Districts from January 1 through December 31; and

(i) gillnets or dip nets may be used;

(ii) gillnets may not be used in Turnagain Arm east of a line from Point Possession to Point Campbell;

(iii) no gillnet may exceed 20 feet in length and two inches in mesh size, except in the Southern District no gillnet may exceed 50 feet in length and two inches in mesh size;

(iv) cast nets may be used only in the Southern, Kamishak Bay, Barren Islands, Outer, and Eastern Districts;

(3) each gillnet must be attended by the fisherman at all times when it is being used to take fish.

History

Authority: AS 16.05.251
Eff. 6/20/82, Register 82; am 6/30/83, Register 86; am 5/11/85, Register 94; am 7/1/86, Register 99; am 6/10/89, Register 110; am 4/22/99, Register 150; am 3/2/2011, Register 197

5 AAC 77.532 Personal use aquatic plant fishery {#sec-5-aac-77.532 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.532}

Within the Anchorage-Matsu-Kenai Nonsubsistence Area defined in 5 AAC 99.015(3), the harvest of aquatic plants is closed, except that from January 1 through April 30 and September 1 through December 31, aquatic plants that have been naturally dislodged from the substrate and are located at or above the daily high tide line may be harvested by hand. The daily harvest limit is 10 gallons per person. No permit is required.

History

Authority: AS 16.05.251
Eff. 6/21/2020, Register 234

5 AAC 77.540 Upper Cook Inlet Personal Use Salmon Fishery Management Plan {#sec-5-aac-77.540 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.540}

(a) Salmon may be taken for personal use under this section only under a personal use permit issued under 5 AAC 77.015 and 5 AAC 77.525; in addition to the requirements under 5 AAC 77.015, a person

(1) shall, before a permit may be issued, show the person's resident sport fish license, or proof, satisfactory to the department, that the person is exempt from licensing under AS 16.05.400; the person's sport fish license number shall be recorded on the permit;

(2) shall record all fish harvested on the permit immediately upon harvesting the fish; for the purpose of this paragraph, "immediately" means before concealing the salmon from plain view or transporting the salmon from the

(A) shoreline or streambank adjacent to waters open to personal use fishing where the salmon were removed from the water when fishing from shore; or

(B) waters open to personal use fishing when fishing from a boat;

(3) shall return the permit to the department by the date specified on the permit.

(b) Salmon may be taken with a set gillnet in the Central District as follows:

(1) from June 15 through June 24;

(2) fishing periods will be daily from 6:00 a.m. to 11:00 p.m.;

(3) repealed 6/22/2002;

(4) salmon may be taken only from ADF&G regulatory markers located at the mouth of the Kasilof River to ADF&G commercial fishing regulatory markers located approximately one mile from the mouth on either side of the Kasilof River; fishing is prohibited beyond one mile from the mean high tide mark and is also prohibited within the flowing waters or over the streambed or channel of the Kasilof River at any stage of the tide;

(5) salmon may be taken only by set gillnets as follows:

(A) a set gillnet may not exceed 10 fathoms in length, four and three-quarter inches in mesh size, and 29 meshes in depth;

(B) no part of a set gillnet may be operated within 100 feet of another set gillnet;

(C) a person may not operate more than one set gillnet; the permit holder shall attend the set gillnet at all times when it is being used to take fish;

(D) only one set gillnet may be operated per household;

(6) the annual limit is as specified in 5 AAC 77.525.

(1) in the Kenai River, as follows:

(A) from July 10 through July 31, seven days per week, from 6:00 a.m. to 11:00 p.m.; the commissioner may extend, by emergency order, the personal use fishery to 24 hours per day if the department determines that the abundance of the Kenai River late-run sockeye salmon is greater than 2,300,000 fish;

(B) the annual limit is as specified in 5 AAC 77.525, except that only one king salmon 20 inches or greater in length, and no more than 10 king salmon less than 20 inches in length, may be retained per household; notwithstanding 5 AAC 21.359(e)(2), king salmon less than 20 inches in length may be retained; a person may not remove a king salmon from the water before releasing the fish;

(C) from a boat, in the area from an ADF&G regulatory marker located near the Kenai city dock upstream to the downstream side of the Warren Ames Bridge, except that salmon may not be taken from a boat powered by a two-stroke motor other than a motor manufactured as a direct fuel injection motor;

(D) from shore:

(i) from ADF&G regulatory markers located on the Cook Inlet beaches outside the terminus of the river upstream to a line at the mouth of the Kenai River from No Name Creek on the north shore to an ADF&G regulatory marker on the south shore; and

(ii) from the south shore only, from the upstream side of the Kenai Landing dock upstream to the downstream side of the Warren Ames Bridge;

(2) in the Kasilof River, as follows:

(A) from June 25 through August 7, 24 hours per day;

(B) the annual limit is as specified in 5 AAC 77.525, except that king salmon may not be retained and any king salmon caught must be released immediately and returned to the water unharmed;

(C) from a line between ADF&G regulatory markers outside the terminus of the river on the north shore beach at 60° 23.25' N. lat., 151° 17.98' W. long., and on the south shore beach at 60° 23.27' N. lat., 151° 18.64' W. long., upstream for a distance of one mile.

(d) Salmon may be taken by dip net in Fish Creek only as follows:

(1) the commissioner may open, by emergency order, the personal use dip net fishery in Fish Creek from July 15 through July 31, if the department projects that the escapement of sockeye salmon into Fish Creek will be more than 35,000 fish; fishing periods will be daily from 6:00 a.m. to 11:00 p.m.;

(2) the annual limit is as specified in 5 AAC 77.525, except that no king salmon may be retained and any king salmon caught must be returned to the water unharmed;

(3) from a boat or shore, in those waters upstream from ADF&G regulatory markers located on both sides of the terminus of Fish Creek, to ADF&G regulatory markers located approximately one-quarter mile upstream from Knik-Goose Bay Road.

(e) Repealed 6/22/2002.

(f) A person may retain flounder incidentally caught when fishing for salmon in the Cook Inlet Area under this section. A person may retain up to 10 flounder under this subsection per year and must record those flounder retained by the person on that person's permit specified in (a) of this section.

(g) In the Beluga River, salmon may be taken by dip net only as follows:

(1) salmon, other than king salmon, may be taken only by a person 60 years of age or older; a person authorized to take salmon under this subsection may not authorize a proxy to take or attempt to take salmon on behalf of that person under 5 AAC 77.016 and AS 16.05.405;

(2) from July 10 through August 31, the fishery is open 24 hours per day from an ADF&G regulatory marker located approximately one-quarter mile upstream of the Beluga River Bridge, downstream to an ADF&G regulatory marker located approximately one mile below the bridge;

(3) the annual limit is as specified in 5 AAC 77.525, except that within the total annual limit one king salmon may be retained per household;

(4) the commissioner will close, by emergency order, the fishery when 500 salmon, other than king salmon, have been harvested;

(5) a permit holder for this fishery shall report weekly to the department as specified in the permit.

(h) Salmon may be taken by dip net in the Susitna River, only as follows:

(1) from July 10 through July 31, Wednesday 6:00 a.m. to 11 p.m., Saturday 6 a.m. to 11:00 p.m.; the department may alter the time, or area of, or close the fishery, based on salmon abundance; the commissioner may, by emergency order, extend the personal use fishery through August 31 if the department projects that both sockeye and coho abundance will be above the upper end of all Susitna River escapement goals for sockeye and coho salmon;

(2) between ADF&G regulatory markers located approximately one mile downstream from Susitna Station downstream to ADF&G regulatory markers located near the northern tip of Bell Island/ Alexander Creek cutoff; except the waters of Anderson Creek and between ADF&G regulatory markers located approximately 300 feet downstream and 50 feet upstream of the mouth of Anderson Creek are closed to dipnetting;

(3) the annual limit, as specified in 5 AAC 77.525, except that no king salmon may be retained, and any king salmon caught must not be removed from the water and must be returned to the water immediately; a northern pike caught may not be released back into the water alive as specified in 5 AAC 61.110(a)(8);

(4) a permit holder for this fishery shall report to the department as specified in the permit conditions.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 6/7/95, Register 135; am 9/29/95, Register 135; am 5/31/96, Register 138; am 6/21/97, Register 142; am 5/8/98, Register 146; am 6/13/99, Register 150; am 6/22/2002, Register 162; am 6/11/2005, Register 174; am 6/4/2008, Register 186; am 6/12/2011, Register 198; am 5/18/2014, Register 210; am 6/8/2017, Register 222; am 9/19/2019, Register 231; am 6/21/2020, Register 234; am 6/8/2024, Register 250; am 11/10/2024, Register 252

5 AAC 77.545 Kachemak Bay Personal Use Dip Net Fishery Management Plan {#sec-5-aac-77.545 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.545}

(a) In China Poot Creek, upstream from ADF&G regulatory markers, sockeye salmon may be taken by dip net from June 15 through August 15, with a bag and possession limit of six fish. King, pink, chum, and coho salmon may not be retained or possessed. All king, pink, chum, and coho salmon caught must be released immediately and returned to the water unharmed.

(b) A person may not possess salmon taken under this section unless both tips (lobes) of the tail fin have been completely removed from the salmon before the person conceals the salmon from plain view or transports the salmon from the

(1) shoreline or streambank adjacent to waters open to personal use fishing where the salmon were removed from the water when fishing from shore; or

(2) waters open to personal use fishing when fishing from a boat.

History

Authority: AS 16.05.251
Eff. 6/20/82, Register 82; am 4/16/83, Register 86; am 5/11/85, Register 94; am 3/29/87, Register 101; am 6/10/89, Register 110; em am 5/22/91 - 5/30/91, Register 118 [not printed]; am 7/21/91, Register 119; am 4/7/93, Register 126; am 5/6/94, Register 130; am 6/7/95, Register 135; am 6/15/95, Register 134; am 2/24/96, Register 137; am 5/31/96, Register 138; am 10/18/96, Register 140; am 3/5/99, Register 149; am 3/8/2002, Register 161; am 3/22/2014, Register 209; am 4/28/2024, Register 250

5 AAC 77.546 Southern District Personal Use Coho Salmon Fishery Management Plan {#sec-5-aac-77.546 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.546}

5 AAC 77.546 was repealed by emergency regulation, effective May 22, 1991. On May 30, 1991, the Superior Court found the repeal invalid as an emergency regulation. Therefore, the repeal was not published in Register 118 (July 1991). The repeal subsequently was filed as a "regular" regulation.

Repealed 7/21/91.

5 AAC 77.547 Central District Personal Use Sockeye Salmon Management Plan {#sec-5-aac-77.547 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.547}

Repealed.

History

Eff. 6/20/82, Register 82; em am 4/30/91 - 5/30/91, Register 118 [not printed]; am 7/21/91 Register 119; repealed 5/31/96, Register 138

5 AAC 77.548 Central and Northern District Personal Use Coho Salmon Management Plan {#sec-5-aac-77.548 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.548}

Repealed.

History

Eff. 6/30/83, Register 86; am 5/31/84, Register 90; em am 4/30/91 - 5/30/91, Register 118 [not printed]; am 7/21/91, Register 119; repealed 5/31/96, Register 138

5 AAC 77.549 Personal Use Coho Salmon Fishery Management Plan {#sec-5-aac-77.549 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.549}

5 AAC 77.549 was amended 5/6/94 by emergency regulation. Due to technical corrections made by the regulations attorney in reviewing the "permanent" regulation for filing, the permanent regulation as it was published in Register 131, October 1994, differed from the emergency regulation even though the section's history note did not reflect an amendment.

(a) In the Southern District, only in a year in which a subsistence fishery is not conducted in the same area, salmon may be taken for personal use under the plan set out in this section beginning at 6:00 a.m. on the first Monday or Thursday following August 15, until the last Wednesday or Saturday before September 16 and only from 6:00 a.m. Monday until 6:00 a.m. Wednesday and from 6:00 a.m. Thursday until 6:00 a.m. Saturday. The commissioner shall close this fishery by emergency order when a guideline harvest range of 1,000 - 2,000 coho salmon have been taken. Coho salmon taken under 5 AAC 01.560(b)(8)(B) will be counted toward the guideline harvest range established under this subsection.

(b) Salmon may not be taken in the following waters:

(1) between the terminus of Troublesome Creek and the terminus of the Anchor River;

(2) from the north entrance to the Homer Small Boat harbor northwest along the Homer Spit to a department marker located approximately 200 yards northwest of the entrance to the enhancement lagoon on the Homer Spit;

(3) those waters described in 5 AAC 21.350(d)(1) - (3), (h), and (i);

(4) west of a line from an ADF&G regulatory marker at "Green Timbers" at 59° 37.67' N. lat., 151° 28.38' W. long. on the Homer Spit to an ADF&G regulatory marker located approximately 300 yards east of the Homer airport access road at 59° 38.35' N. lat., 151° 28.71' W. long.

(c) Salmon may be taken only with a set gillnet. No set gillnet may exceed 35 fathoms in length, six inches in mesh size, and 45 meshes in depth. No part of a set gillnet may be operated within 600 feet of another set gillnet. No person may operate more than one set gillnet. No part of a set gillnet may be set or operated more than 500 feet from the mean high water mark. No set gillnet may be set seaward of another set gillnet.

(d) Salmon may be taken only under authority of a permit issued through the department's Homer office.

(e) The annual limit is set by 5 AAC 77.525(c).

(f) The permit holder shall be physically present at the set gillnet at all times when it is being used to take fish.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 4/7/93, Register 126; am 5/6/94, Register 130; am 2/24/96, Register 137; am 4/22/99, Register 150; am 3/11/2001, Register 157; am 3/2/2011, Register 197; am 3/15/2017, Register 221; am 4/24/2020, Register 234

Eff. 7/1/86, Register 99; am 6/5/94, Register 130; am 2/16/96, Register 137; am 7/5/2000, Register 155; am 7/1/2006, Register 178; am 8/23/2009, Register 191; am 7/13/2012, Register 203; repealed 8/27/2016, Register 219

5 AAC 77.555 Description of districts and subdistricts {#sec-5-aac-77.555 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.555}

Repealed 7/1/86.

5 AAC 77.556 Personal use Dungeness crab fishery {#sec-5-aac-77.556 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.556}

Repealed.

History

Eff. 7/1/86, Register 99; am 9/5/97, Register 143; am 7/5/2000, Register 155; repealed 8/27/2016, Register 219

5 AAC 77.557 Personal use king crab fishery {#sec-5-aac-77.557 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.557}

Repealed.

History

Eff. 7/1/86, Register 99; am 8/8/99, Register 151; repealed 8/27/2016, Register 219

5 AAC 77.558 Personal use Tanner crab fishery {#sec-5-aac-77.558 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.558}

Repealed.

History

Eff. 7/1/86, Register 99; am 7/23/88, Register 107; am 8/8/99, Register 151; repealed 8/27/2016, Register 219

5 AAC 77.559 Personal use clam fishery {#sec-5-aac-77.559 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.559}

Repealed.

History

Eff. 7/1/86, Register 99; am 12/1/2004, Register 172; repealed 8/27/2016, Register 219

5 AAC 77.560 Fishing seasons and periods {#sec-5-aac-77.560 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.560}

Repealed.

History

Eff. 4/28/84, Register 90; repealed 5/24/97, Register 142

5 AAC 77.561 Personal use burbot fishery {#sec-5-aac-77.561 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.561}

Repealed.

History

Eff. 5/24/97, Register 142; repealed 3/30/2000, Register 153

5 AAC 77.565 Lawful gear and gear specifications {#sec-5-aac-77.565 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.565}

Repealed.

History

Eff. 4/28/84, Register 90; am 5/11/85, Register 94; am 4/30/91, Register 118; repealed 5/24/97, Register 142

5 AAC 77.570 Waters closed to personal use fishing {#sec-5-aac-77.570 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.570}

The waters of the Prince William Sound Area are closed to the personal use taking of finfish, except that salmon may be taken in the Chitina Subdistrict, as described in 5 AAC 77.591.

History

Authority: AS 16.05.251
Eff. 4/28/84, Register 90; am 5/24/97, Register 142; am 3/30/2000, Register 153; am 6/12/2003, Register 166

5 AAC 77.575 Personal use fishing permits {#sec-5-aac-77.575 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.575}

Repealed.

History

Eff. 4/28/84, Register 90; am 4/30/91, Register 118; repealed 5/24/97, Register 142

5 AAC 77.580 Personal use bag and possession limits {#sec-5-aac-77.580 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.580}

Repealed.

History

Eff. 4/28/84, Register 90; am 7/4/84, Register 90; am 3/29/87, Register 101; am 4/9/89, Register 110; repealed 5/24/97, Register 142

5 AAC 77.585 Marking of salmon taken for personal use {#sec-5-aac-77.585 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.585}

Repealed.

History

Eff. 5/24/97, Register 142; repealed 5/31/98, Register 146

5 AAC 77.590 Copper River Personal Use Dip Net Salmon Fishery Management Plan {#sec-5-aac-77.590 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.590}

Repealed.

History

Eff. 4/28/84, Register 90; am 5/11/85, Register 94; am 7/1/86, Register 99; am 3/29/87, Register 101; am 4/30/91, Register 118; am 5/4/94, Register 130; am 5/24/97, Register 142; am 1/22/98, Register 145; am 4/23/98, Register 146; repealed 3/30/2000, Register 153

5 AAC 77.591 Copper River Personal Use Dip Net Salmon Fishery Management Plan {#sec-5-aac-77.591 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.591}

(a) Salmon may be taken in the Chitina Subdistrict only under the authority of a Chitina Subdistrict personal use salmon fishing permit. Only one Chitina Subdistrict personal use salmon fishing permit may be issued to a household per calendar year. A household may not be issued both a Copper River subsistence salmon fishing permit and a Chitina Subdistrict personal use salmon fishing permit.

(b) Salmon may be taken from June 10 through September 30. The commissioner shall establish a preseason schedule, including fishing times, for the period June 10 through August 31 based on daily projected sonar counts at the sonar counter located near Miles Lake. This abundance-based preseason schedule will distribute the harvest throughout the season. Adjustments shall be made to the preseason schedule based on actual sonar counts compared to projected counts. If the actual sonar count at Miles Lake is more than the projected sonar count, the commissioner shall close the season by emergency order and immediately reopen the season with additional allowable fishing times that correspond to the actual sonar count. If the actual sonar count at Miles Lake is less than the projected sonar count, the commissioner shall close the season by emergency order and immediately reopen the season with reduced allowable fishing times that correspond to the actual sonar count.

(d) A personal use salmon fishing permit holder shall record all harvested salmon on the permit before concealing the salmon from plain view or transporting the salmon from the fishing site. Permits must be returned to the department and the conditions specified in 5 AAC 77.015(c) must be met. For the purposes of this subsection, "fishing site" means the location where the salmon is removed from the water and becomes part of the permit holder's bag limit.

(e) The total annual limit for each personal use salmon fishing permit is as follows:

(1) 25 salmon for the head of household and 10 salmon for each dependent of the permit holder, except that only one king salmon may be retained per household;

(2) if the commissioner projects that the upper bound of the Copper River drainage sockeye salmon sustainable escapement goal will be exceeded, the commissioner may, by emergency order, close the Chitina Subdistrict personal use dip net salmon fishery season and immediately reopen a season during which the annual limit for sockeye salmon for the head of household is increased; an emergency order issued in accordance with this paragraph may not increase the king salmon annual limit established under paragraph (1) of this subsection or increase the king salmon annual limit specified in 5 AAC 24.361(d).

(f) The maximum harvest level for the Chitina Subdistrict personal use salmon fishery is 100,000 - 150,000 salmon, not including any salmon in excess of the inriver goal or salmon taken after August 31.

(g) Rainbow or steelhead trout incidentally taken may not be retained and must be released immediately and returned to the water unharmed.

(h) For the purposes of this section, the Chitina Subdistrict consists of all waters of the mainstem Copper River from the downstream edge of the Chitina-McCarthy Road Bridge downstream to an east-west line crossing the Copper River as designated by ADF&G regulatory markers located approximately 200 yards upstream of Haley Creek.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 6/12/2003, Register 166; am 3/24/2012, Register 201; am 3/29/2015, Register 213; am 3/29/2018, Register 225; am 9/19/2019, Register 231; am 6/7/2025, Register 254

Article 13 Yakutat Area

5 AAC 77.600 Description of Yakutat Area {#sec-5-aac-77.600 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.600}

The Yakutat Area includes all waters of Alaska between the longitude of Cape Suckling (144° W. long.) and a line extending seaward from the western tip of Cape Fairweather at 58° 47.89' N. lat., 137° 56.68' W. long., to the intersection with the seaward limit of the three-nautical-mile territorial sea at 58° 45.96' N. lat., 138° 01.40' W. long.

History

Authority: AS 16.05.251
Eff. 7/1/86, Register 99; am 3/11/2001, Register 157; am 11/10/2024, Register 252

5 AAC 77.605 Fishing districts {#sec-5-aac-77.605 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.605}

Districts are described in 5 AAC 30.200.

History

Authority: AS 16.05.251
Eff. 7/1/86, Register 99

5 AAC 77.610 Personal use shrimp fishery {#sec-5-aac-77.610 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.610}

In the personal use shrimp fishery,

(1) there is no closed season;

(2) there is no daily possession limit; and

(3) a pot used to take shrimp under this chapter must have

(A) no more than four tunnel eye openings; no tunnel eye opening may exceed 15 inches in perimeter;

(B) a bottom perimeter of no more than 153 inches; and

(4) shrimp may only be taken under the authority of a permit issued under 5 AAC 77.015; only one permit may be issued to a household each year.

History

Authority: AS 16.05.251
Eff. 7/1/86, Register 99; am 6/3/2000, Register 154; am 9/21/2003, Register 167; am 6/17/2018, Register 226

5 AAC 77.612 Personal use Dungeness crab fishery {#sec-5-aac-77.612 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.612}

Repealed.

History

Eff. 7/1/86, Register 99; am 6/3/2000, Register 154; am 7/18/2003, Register 167; am 7/29/2009, Register 191; am 5/11/2012, Register 202; repealed 6/17/2018, Register 226

5 AAC 77.614 Personal use king crab fishery {#sec-5-aac-77.614 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.614}

In the personal use taking of king crab,

(1) red and blue king crab may be taken only from July 1 through March 31;

(2) the daily bag and possession limit is two male king crab; only male king crab seven inches or greater in width of shell may be taken or possessed; male king crab less than the minimum legal size and female king crab that have been taken must be immediately returned to the water unharmed;

(3) an operator of a commercially licensed and registered king crab fishing vessel shall obtain a permit from the department before taking king crab for personal use purposes in waters of Yakutat Bay enclosed by a line from the westernmost tip of Ocean Cape to the easternmost tip of Point Manby during the open commercial king crab fishing season; the department may set out requirements in the permit for the conservation of the king crab resource and to ensure compliance with other applicable fishing laws;

(4) a pot used to take king crab under this section must have at least two escape rings on opposing vertical or sloping sides of the pot that each are not less than six and one-quarter inches inside diameter;

(5) no more than 10 ring nets per person, with a maximum of 20 ring nets per vessel, may be used to take king crab;

(6) a person may not utilize a live holding facility to accumulate or pool multiple bag limits of king crab.

History

Authority: AS 16.05.251
Eff. 7/1/86, Register 99; am 8/14/2005, Register 175; am 7/29/2009, Register 191; am 5/11/2012, Register 202; am 5/9/2015, Register 214

5 AAC 77.616 Personal use Tanner crab fishery {#sec-5-aac-77.616 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.616}

In the personal use taking of Tanner crab,

(1) there is no closed season;

(2) the daily bag and possession limit is 30 male Tanner crab; only male Tanner crab five and one-half inches or greater in width of shell may be taken or possessed; male Tanner crab less than the minimum legal size and female Tanner crab that have been taken must be immediately returned to the water unharmed;

(4) no more than 10 ring nets per person, with a maximum of 20 ring nets per vessel, may be used to take Tanner crab;

(5) a person may not utilize a live holding facility to accumulate or pool multiple bag limits of Tanner crab.

History

Authority: AS 16.05.251
Eff. 7/1/86, Register 99; am 7/29/2009, Register 191; am 5/11/2012, Register 202

5 AAC 77.617 Personal use scallop fishery {#sec-5-aac-77.617 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.617}

In the personal use taking of scallops,

(1) there is no closed season;

(2) the daily possession limit is

(A) five rock scallops (Hinnites sp);

(B) 50 weathervane scallops (Pecten sp);

(3) there is no possession limit for bay scallops.

(4) scallops may be taken by gear specified in 5 AAC 77.010(k)(3).

History

Authority: AS 16.05.251
Eff. 4/1/94, Register 129; am 6/3/2000, Register 154; am 8/27/2016, Register 219

5 AAC 77.618 Personal use clam fishery {#sec-5-aac-77.618 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.618}

In the personal use taking of clams,

(1) there is no closed season;

(2) there are no daily bag and possession limits.

History

Authority: AS 16.05.251
Eff. 7/1/86, Register 99

5 AAC 77.620 Personal use herring fishery {#sec-5-aac-77.620 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.620}

In the personal use taking of herring and herring spawn,

(1) herring may be taken at any time;

(2) herring and herring spawn may be taken by gear listed in 5 AAC 01.010;

(3) there is no annual possession limit for herring or for herring spawn which is not on kelp;

(4) herring spawn on kelp may only be taken under the authority of a personal use fishing permit; when issuing a personal use permit for the taking of herring spawn on kelp, the department may specify on the permit the times and locations for harvesting and the species of kelp which may be taken; the annual possession limit for herring spawn on kelp is 32 pounds for an individual or 158 pounds for a household of two or more persons; the department may issue an additional permit for taking herring spawn on kelp above the annual possession limit if harvestable surpluses of herring spawn on kelp are available;

(5) herring taken under personal use regulations may not be used as bait in a commercial fishery.

History

Authority: AS 16.05.251
Eff. 6/25/89, Register 110; am 7/1/2015, Register 214

5 AAC 77.622 Personal use bottomfish fishery {#sec-5-aac-77.622 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.622}

In the personal use taking of bottomfish,

(1) bottomfish may be taken at any time, except lingcod may not be taken from December 1 through May 15;

(2) bottomfish may be taken for personal use only by longline or hand held line; unattended gear must be marked as described in 5 AAC 77.010(d);

(3) there are no daily bag or possession limits;

(4) bottomfish taken under personal use regulations may not be used as bait in a commercial fishery.

History

Authority: AS 16.05.251
Eff. 6/25/89, Register 110; am 5/26/2006, Register 178

5 AAC 77.624 Personal use halibut fishery {#sec-5-aac-77.624 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.624}

In the personal use taking of halibut,

(1) halibut may be taken from February 1 through December 31;

(2) halibut may be taken only by a single line which is operated by hand with not more than two hooks attached to it; no person may operate more than one line and the line must be marked as described in 5 AAC 77.010(d);

(3) the daily bag limit is two fish and the possession limit is two daily bag limits;

(4) no person may possess personal use-taken and sport or subsistence-taken halibut on the same day.

History

Authority: AS 16.05.251
Eff. 6/25/89, Register 110

5 AAC 77.626 Personal use smelt fishery {#sec-5-aac-77.626 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.626}

Smelt may be taken for personal use at any time and there are no bag or possession limits.

History

Authority: AS 16.05.251
Eff. 6/25/89, Register 110

5 AAC 77.628 Personal use salmon fishery {#sec-5-aac-77.628 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.628}

(a) Salmon may only be taken under the authority of a personal use fishing permit.

(b) The department shall adhere to the following when issuing personal use salmon fishing permits:

(1) the fishing effort must be allowed in places and during times when resource abundance will allow a harvest without jeopardizing the sustained yield of the stock and in a manner which provides for an orderly fishery;

(2) a permit is valid for the entire season in which it is issued;

(3) the department may require the permit holder to report daily harvests on the catch calendar which accompanies the permit.

(c) The department will not issue a permit for the taking of king salmon, but king salmon taken incidentally by gear operated under the terms of a personal use permit for other salmon are legally taken and possessed for personal use purposes. The holder of a personal use salmon permit shall report any king salmon taken in this manner on that permit holder's permit calendar. The possession limit for king salmon is two fish, and king salmon taken in excess of this limit must be released without further harm.

(d) Salmon, trout, or char taken incidentally by gear operated under the terms of a personal use permit for salmon are legally taken and possessed for personal use purposes. A holder of a personal use permit shall report any salmon, trout, or char taken in this manner on the permit holder's permit calendar.

(e) The total annual limit of sockeye salmon for a personal use salmon fishing permit is 15 salmon for a household of one person and 25 salmon for a household of two or more persons. The total annual limit of coho salmon for a personal use salmon fishing permit is 15 salmon for a household of one person and 25 salmon for a household of two or more persons. The total annual limit of king salmon for a personal use salmon fishing permit is two salmon.

(f) No person may possess personal use-taken and sport-taken salmon on the same day.

(g) A gillnet used for personal use fishing may not exceed 50 fathoms in length, and may not block more than two-thirds of any stream width and any channel or side channel of a stream.

(h) Salmon may not be taken by means of a line attached to a rod or pole.

(i) Salmon may be taken by set gillnets only. A personal use fishing permit holder shall attend the permit holder's gillnet at all times while it is in operation.

(j) Salmon may be taken only during periods open to subsistence fishing from July 1 through September 30, and only in Yakutat Bay and in waters upstream from the terminus of streams and rivers in the Yakutat Area which are open to commercial fishing, except as may be restricted under the terms of a personal use fishing permit.

(k) Salmon or trout taken for personal use or under personal use regulations may not be subsequently used as bait for commercial fishing purposes.

History

Authority: AS 16.05.251
Eff. 6/25/89, Register 110; am 4/1/94, Register 129; am 12/1/2004, Register 172; am 8/23/2009, Register 191; am 7/1/2015, Register 214

5 AAC 77.649 Prohibitions {#sec-5-aac-77.649 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.649}

Repealed.

History

Eff. 6/3/2000, Register 154; repealed 7/1/2006, Register 178

Article 14 Southeastern Alaska Area

5 AAC 77.650 Description of Southeastern Alaska Area {#sec-5-aac-77.650 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.650}

The Southeastern Alaska Area has as its southern boundary the International Boundary at Dixon Entrance and as its northern boundary a line extending seaward from the western tip of Cape Fairweather at 58° 47.89' N. lat., 137° 56.68' W. long., to the intersection with the seaward limit of the three-nautical-mile territorial sea at 58° 45.96' N. lat., 138° 01.40' W. long.

History

Authority: AS 16.05.251
Eff. 5/31/85, Register 94; am 11/10/2024, Register 252

5 AAC 77.655 Description of districts and sections {#sec-5-aac-77.655 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.655}

Districts and sections are as described in 5 AAC 33.200.

History

Authority: AS 16.05.251
Eff. 5/31/85, Register 94

5 AAC 77.660 Personal use shrimp fishery {#sec-5-aac-77.660 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.660}

In the personal use taking of shrimp,

(1) shrimp may only be taken from May 1 through February 28; except as provided in (7) and (8) of this section, there are no bag and possession limits;

(2) a commercially licensed and registered shrimp fishing vessel may not be used to take shrimp in Districts 6 - 8 and 10 from February 15 through April 30;

(3) shrimp may be taken only with pots, ring nets, or trawls;

(4) unless otherwise provided for in this chapter, pots operated to take shrimp may be longlined; a buoy is not required for each pot, but at least one buoy on the longline must be marked as required in 5 AAC 77.010(d);

(5) a pot used to take shrimp under this chapter must have

(A) no more than four tunnel eye openings; no tunnel eye opening may exceed 15 inches in perimeter;

(B) a bottom perimeter of no more than 153 inches; and

(6) before using a trawl to take shrimp, a person must first obtain a personal use fishing permit from the department; the permit will include the following conditions:

(A) the area where the fishing will occur;

(B) the dates that the fishing will occur;

(D) the length of the beam if a beam trawl is used;

(E) the length of the footrope if an otter trawl is used;

(F) any other pertinent gear specifications if a trawl other than a beam trawl or otter trawl is used;

(G) the total poundage by species of all shrimp taken;

(7) in the waters described in 5 AAC 33.200 as Section 11-A,

(A) spot shrimp may be taken with pots and ring nets;

(B) the bag and possession limit for spot shrimp is one gallon of spot shrimp, whether whole or de-headed.

(8) in the waters of Section 13-C east of the longitude of Point Elizabeth at 57° 30.60' N. lat., 135° 17.57' W. long.,

(A) spot shrimp may be taken with pots and ring nets;

(B) the bag and possession limit for spot shrimp is ten gallons of spot shrimp, whether whole or de-headed;

(C) the bag and possession limits specified in this subsection are not in addition to those allowed under subsistence or sport fishing regulations;

(9) shrimp may only be taken under the authority of a permit issued under 5 AAC 77.015; only one permit may be issued to a household each year.

History

Authority: AS 16.05.251
Eff. 7/1/86, Register 99; am 6/25/89, Register 110; am 4/1/94, Register 129; am 9/28/97, Register 143; am 5/8/98, Register 146; am 6/3/2000, Register 154; am 7/18/2003, Register 167; am 8/8/2003, Register 167; am 5/26/2006, Register 178; am 5/9/2015, Register 214; am 6/5/2016, Register 218; am 6/17/2018, Register 226; am 6/27/2025, Register 254

5 AAC 77.662 Personal use Dungeness crab fishery {#sec-5-aac-77.662 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.662}

In the personal use taking of Dungeness crab,

(1) there is no closed season;

(2) the daily bag and possession limit is 20 male Dungeness crab except that, in waters of Thorne Bay west of the longitude of the southernmost tip of Thorne Head, the daily bag and possession limit is five male Dungeness crab;

(3) the minimum legal size for male Dungeness crab is six and one-half inches in shoulder width; male Dungeness crab less than the minimum legal size and female Dungeness crab that have been taken must be immediately returned to the water unharmed; for the purposes of this paragraph, the shoulder width measurement of Dungeness crab is the straight-line distance across the carapace immediately anterior to the tenth anterolateral spine, not including the spines;

(4) live holding facilities utilized to accumulate or pool multiple bag limits by an individual or individuals are not allowed;

(5) a pot used to take Dungeness crab under this chapter must have at least two escape rings that each are not less than four and three-eighths inches, inside diameter; the rings must be located on opposite sides of the pot and the upper half of the vertical plane of the pot;

(6) no more than five pots per person, with a maximum of 10 pots per vessel, or 10 ring nets per person, with a maximum of 20 ring nets per vessel, may be used to take Dungeness crab, except that in Section 11-A, as described in 5 AAC 33.200, if the pot and ring net limits for red and blue king crab are reduced under 5 AAC 77.664(e)(2)(C), the pot and ring net limits for Dungeness crab will also be reduced to the same pot and ring net limits established for red and blue king crab under 5 AAC 77.664(e)(2)(C).

History

Authority: AS 16.05.251
Eff. 7/1/86, Register 99; am 6/3/2000, Register 154; am 7/18/2003, Register 167; am 7/29/2009, Register 191; am 5/11/2012, Register 202; am 8/27/ 2016, Register 219; am 9/19/2019, Register 231

5 AAC 77.664 Personal use king crab fishery {#sec-5-aac-77.664 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.664}

(a) King crab may only be taken under the authority of a permit issued under 5 AAC 77.015; the department will issue only one king crab personal use fishing permit per household per year.

(b) Except as specified in (e) of this section, through January 24, 2028, the daily bag and possession limit is three male crab per person; if the preseason biomass estimate of legal male red and blue king crab is less than 50 percent of the median surveyed and non-surveyed biomass estimate of legal males, the commissioner may, by emergency order, reduce the bag and possession limit of red and blue king crab.

(1) red and blue king crab may be taken only from July 1 through March 31;

(2) golden king crab may be taken only from July 1 through June 15.

(d) Only male king crab seven inches or greater in width of shell may be taken or possessed.

(e) In the waters described in 5 AAC 33.200 as Section 11-A, in the personal use taking of king crab,

(1) the daily bag and possession limit is three male king crab per person;

(2) the commissioner may close and immediately reopen, by emergency order, a personal use red and blue king crab season during which one or more of the following conditions applies:

(A) a reduced bag and possession limit;

(B) a seasonal limit for king crab;

(f) Male king crab less than the minimum legal size and female king crab that have been taken must be immediately returned to the water unharmed.

(g) A person may not utilize a live holding facility to accumulate or pool multiple bag limits.

(h) Notwithstanding 5 AAC 77.010(i), no more than four pots or 10 ring nets per vessel may be used to take king crab. A pot used to take king crab under this section must have at least two escape rings on opposing vertical or sloping sides of the pot that are not less than six and one-quarter inches inside diameter.

(i) In this section, "legal male," with respect to red or blue king crab, means male red or blue king crab at least seven inches or greater in width of shell.

History

Authority: AS 16.05.251
Eff. 7/1/86, Register 99; am 7/1/95, Register 134; am 7/1/96, Register 138; am 8/8/99, Register 151; am 3/11/2001, Register 157; am 8/24/2002, Register 163; am 8/14/2005, Register 175; am 7/29/2009, Register 191; am 9/27/2009, Register 191; am 5/11/2012, Register 202; am 5/9/2015, Register 214; am 6/17/2018, Register 226; am 6/27/2025, Register 254

5 AAC 77.666 Personal use Tanner crab fishery {#sec-5-aac-77.666 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.666}

(a) Except as provided in (b) of this section, in the personal use taking of Tanner crab,

(1) Tanner crab may be taken only from July 1 through June 15;

(2) the daily bag and possession limit is 30 male Tanner crab;

(3) notwithstanding 5 AAC 77.010(i), no more than four pots or 10 ring nets per vessel may be used to take Tanner crab; a pot used to take Tanner crab under this section must have at least two circular escape rings on opposing vertical or sloping sides of the pot that each are not less than four and three-quarter inches inside diameter;

(4) only male Tanner crab 5.5 inches or greater in width of shell may be taken or possessed;

(5) male Tanner crab less than the minimum legal size and female Tanner crab that have been taken must be immediately returned unharmed to the sea;

(6) a person may not utilize live holding facility to accumulate or pool multiple bag limits.

(b) In Section 11-A, as described in 5 AAC 33.200, in the personal use taking of Tanner crab, if the pot and ring net limits for red and blue king crab are reduced under 5 AAC 77.664(e)(2)(C), the pot and ring net limits for Tanner crab will also be reduced to the same pot and ring net limits established for red and blue king crab under 5 AAC 77.664(e)(2)(C).

History

Authority: AS 16.05.251
Eff. 7/1/86, Register 99; am 8/8/99, Register 151; am 7/29/2009, Register 191; am 5/11/2012, Register 202; am 8/27/2016, Register 219; am 9/19/2019, Register 231

5 AAC 77.667 Personal use scallop fishery {#sec-5-aac-77.667 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.667}

In the personal use taking of scallops,

(1) there is no closed season;

(2) the daily possession limit is

(A) five rock scallops (Hinnites sp);

(B) 10 weathervane scallops (Pecten sp);

(3) there is no possession limit for bay scallops.

(4) scallops may be taken by all gear specified in 5 AAC 77.010( l)(3).

History

Authority: AS 16.05.251
Eff. 4/1/94, Register 129; am 6/3/2000, Register 154; am 8/27/2016, Register 219; am 9/19/2019, Register 231; am 9/24/2021, Register 239

5 AAC 77.668 Personal use clam fishery {#sec-5-aac-77.668 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.668}

In the personal use taking of clams,

(1) there is no closed season;

(2) there are no daily bag and possession limits for clams, except that for

(A) geoducks, the daily bag and possession limit is six;

(B) razor clams on western Kruzof Island beaches between Cape Edgecumbe and Cape Georgiana, the bag and possession limit is 50 clams; all damaged razor clams are part of the bag limit;

(C) unless opened by emergency order, the Sitka Sound Special Use Area described in 5 AAC 77.674(3)(A)(i) is closed to the harvest of razor clams;

(3) in addition to the gear specified in 5 AAC 77.010(k)(3), geoducks may be taken with a hydraulic clam digger.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 7/1/86, Register 99; am 6/25/89, Register 110; am 4/1/94, Register 129; am 6/19/97, Register 142; am 6/3/2000, Register 154; am 5/11/2012, Register 202

5 AAC 77.670 Personal use abalone fishery {#sec-5-aac-77.670 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.670}

In the personal use taking of abalone,

(1) there is no closed season;

(2) the daily bag and possession limit is five abalone per person;

(3) the minimum legal size is three and one-half inches (89 mm) in greatest diameter of shell;

(4) personal use fishing is prohibited while engaged in commercial abalone fishing; before engaging in the personal use fishery, commercial abalone fishermen must land the commercial catch in possession and return the commercial permit required under 5 AAC 38.133 to the Department of Fish and Game;

(5) a diver using a compressed air system, such as scuba or hookah, may not take abalone.

History

Authority: AS 16.05.251
Eff. 7/1/86, Register 99; am 6/25/89, Register 110; am 8/16/97, Register 143; am 5/11/2012, Register 202

5 AAC 77.671 Personal use sea cucumber fishery {#sec-5-aac-77.671 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.671}

In the personal use taking of sea cucumbers,

(1) there is no closed season;

(2) there are no daily bag or possession limits; and

(3) sea cucumbers may be taken by all gear specified in 5 AAC 77.010( l)(3), except that sea cucumbers may not be taken with the use of diving gear in the waters described in 5 AAC 38.140(k) that are closed to commercial sea cucumber fishing.

History

Authority: AS 16.05.251
Eff. 5/9/2015, Register 214; am 8/27/2016, Register 219; am 9/19/2019, Register 231; am 9/24/2021, Register 239

5 AAC 77.672 Personal use herring fishery {#sec-5-aac-77.672 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.672}

In the personal use taking of herring and herring spawn,

(1) herring may be taken at any time;

(2) herring and herring spawn may be taken by gear listed in 5 AAC 01.010;

(3) there is no annual possession limit for herring or for herring spawn which is not on kelp;

(5) in the 72 hours before and 72 hours after an open commercial herring fishing period in the Southeastern Alaska Area, a vessel that, or crewmember or permit holder who participates in that commercial herring fishery opening may not take or possess herring under this chapter in any district in the Southeastern Alaska Area;

(6) herring taken under personal use regulations may not be used as bait in a commercial fishery;

(7) herring may not be taken in Auke Bay, east of a line from the mouth of Waydelich Creek to an ADF&G regulatory marker located one-fourth mile south of the mouth of Auke Creek, from April 1 through May 31.

History

Authority: AS 16.05.251
Eff. 6/25/89, Register 110; am 4/1/94, Register 129; am 4/23/94, Register 130; am 7/1/2015, Register 214

5 AAC 77.674 Personal use groundfish fishery {#sec-5-aac-77.674 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.674}

In the personal use taking of groundfish,

(1) groundfish may be taken at any time, except lingcod may not be taken from December 1 through May 15;

(2) groundfish may be taken for personal use only by longline or hand held line, except that sablefish, Pacific cod, and rockfish, including thornyhead rockfish, may be taken for personal use only by longline, hand held line, or pot gear; for all groundfish, unattended gear must be marked as set out under 5 AAC 77.010(d);

(3) there are no daily bag or possession limits, except that

(A) in the Sitka vicinity:

(i) in Sitka Sound Special Use Area, which is that area of Sitka Sound enclosed on the north by lines from Kruzof Island at 57° 20.50' N. lat., 135° 45.17' W. long. to Chichagof Island at 57° 22.05' N. lat., 135° 43' W. long., and from Chichagof Island at 57° 22.58' N. lat., 135° 41.30' W. long. to Baranof Island at 57° 22.28' N. lat., 135° 40.95' W. long., and on the south and west by a line running from the southernmost tip of Sitka Point at 56° 59.38' N. lat., 135° 49.57' W. long. to Hanus Point at 56° 51.92' N. lat., 135° 30.50' W. long. to the green day marker in Dorothy Narrows to Baranof Island at 56° 49.28' N. lat., 135° 22.60' W. long., the daily possession limit for rockfish is three fish, of which no more than one may be a yelloweye rockfish (Sebastes ruberrimus);

(ii) the waters off Cape Edgecumbe enclosed by a box defined as 56° 55.5' N. lat. and 56° 57' N. lat., and 135° 54' W. long. and 135° 57' W. long., are closed to fishing for all species of groundfish;

(B) in the Ketchikan vicinity: in all waters of Section 1-E south of the latitude of Bushy Point Light and in the waters of Section 1-F north of lines from Point Alava to the southernmost tip of Ham Island, from Cedar Point to Dall Head, and from Dall Head to a point on the District 1 boundary in Clarence Strait at the latitude of Dall Head, the bag and possession limit for rockfish is three fish, no more than one of which may be yelloweye rockfish (Sebastes rubberrimus);

(4) a vessel or a person on board a vessel from which personal use fishing gear was used to take groundfish for personal use in the Northern Southeast Inside Subdistrict or the Southern Southeast Inside Subdistrict

(A) may not operate commercial fishing gear to take groundfish for commercial purposes from that vessel until all groundfish taken in the personal use fishery have been offloaded from that vessel; and

(B) is subject to the restrictions in 5 AAC 28.180;

(5) groundfish taken under personal use regulations may not be used as bait in a commercial fishery;

(6) sablefish may be taken for personal use only by pot, longline, or hand held line and only as follows:

(A) a personal use fishing permit issued by the department under 5 AAC 77.015 is required to take sablefish; the department will issue only one sablefish personal use fishing permit per household per year;

(B) a permit holder shall record sablefish harvest information on harvest recording forms provided by the department; there is an annual limit of 50 sablefish per household permit;

(i) may not have attached more than 350 hooks in the aggregate; and

(ii) must be marked as specified in (2) of this section;

(D) no more than 200 personal use sablefish may be retained on board a vessel when four or more sablefish personal use permit holders are present on board that vessel.

(E) a permit holder's pot gear

(i) may exceed two pots per permit holder or eight pots per vessel when four or more permit holders are present;

(ii) may be longlined; and

(iii) must have, for each pot, at least two circular escape rings with a minimum inside diameter of three and one-half inches installed on opposing vertical or sloping walls and must have individual tunnel eye openings with perimeters of 36 inches or less.

History

Authority: AS 16.05.251
Eff. 6/25/89, Register 110; am 4/23/98, Register 146; am 6/3/2000, Register 154; am 3/11/2001, Register 157; am 5/26/2006, Register 178; am 7/13/2012, Register 203; am 5/9/2015, Register 214; am 6/17/2018, Register 226; am 9/25/2022, Register 243; am 6/27/2025, Register 254

5 AAC 77.676 Personal use halibut fishery {#sec-5-aac-77.676 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.676}

In the personal use taking of halibut,

(1) halibut may be taken from February 1 through December 31;

(3) the daily bag limit is two fish and the possession limit is two daily bag limits;

(4) no person may possess personal use-taken and sport or subsistence-taken halibut on the same day.

History

Authority: AS 16.05.251
Eff. 6/25/89, Register 110

5 AAC 77.678 Personal use smelt fishery {#sec-5-aac-77.678 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.678}

(a) Except as provided in (b) of this section, smelt may be taken for personal use at any time and there are no bag or possession limits.

(b) Notwithstanding (a) of this section, in District 1, eulachon smelt may only be taken under the terms of a personal use fishing permit issued under 5 AAC 77.0l 5. Only one permit for eulachon smelt under this subsection may be issued to a household each year and the daily bag and possession limit is 50 pounds per permit.

History

Authority: AS 16.05.251
Eff. 6/25/89, Register 110; am 10/16/2022, Register 244

5 AAC 77.679 Personal use aquatic plant fishery {#sec-5-aac-77.679 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.679}

Aquatic plants may be harvested by hand for personal use at any time, and there are no daily harvest or possession limits, except that:

(a) within the Ketchikan Nonsubsistence Area defined in 5 AAC 99.015(1), there are no harvest limits, except that along the shoreline adjacent to the Ketchikan road system, the daily harvest and possession limit is 10 gallons of aquatic plants, with no limits to the harvest of aquatic plants that have been naturally dislodged from the substrate; and

(b) within the Juneau Nonsubsistence Area defined in 5 AAC 99.015(2), the daily harvest and possession limit is 5 gallons of aquatic plants, except that

(1) the shoreline adjacent to the Juneau road system is closed to the taking of aquatic plants, and;

(2) there is no limit to the harvest of aquatic plants that have been naturally dislodged from the substrate and are located at or above the daily high tide line.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 6/17/2018, Register 226

5 AAC 77.680 Personal use bag and possession limits {#sec-5-aac-77.680 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.680}

Repealed 6/25/89.

5 AAC 77.682 Personal use salmon fishery {#sec-5-aac-77.682 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.682}

(a) Salmon may only be taken under the authority of a personal use fishing permit.

(b) The department shall adhere to the following when issuing personal use salmon fishing permits:

(2) any gear must be allowed which is efficient and economical in light of local circumstances and which provides for an orderly harvest without waste of the resource;

(3) possession limits may be established if resources are limited relative to anticipated harvest levels;

(4) the department may not set any possession limit which jeopardizes the sustained yield of a stock;

(5) a permit is valid for the entire season in which it is issued;

(6) the department may require the permit holder to report daily harvests on the catch calendar which accompanies the permit.

(c) The department will not issue a permit for the taking of wild king or coho salmon, but king and coho salmon taken incidentally by gear operated under the terms of a personal use permit for other salmon are legally taken and possessed for personal use purposes. The holder of a personal use salmon permit shall report any king or coho salmon taken in this manner on that permit holder's permit calendar. The possession limit for king salmon is two fish and the possession limit for coho salmon is six fish.

(e) No person may possess personal use-taken and sport-taken salmon on the same day.

(f) In the Taku River drainage, the annual limit for each personal use sockeye salmon permit is 10 sockeye salmon for a household of one person and 20 sockeye salmon for a household of two or more persons.

(g) Salmon may be taken by gear listed in 5 AAC 01.010(a) except as may be restricted on a personal use fishing permit and except as follows:

(1) in District 13, Redoubt Bay, gillnet or seine gear may not be used to take salmon in any waters of the bay closed to commercial salmon fishing;

(2) set gillnets may not be used to take salmon except

(A) in the mainstream and side channels, but not the tributaries, of the Chilkat River from the terminus to one mile upstream of Wells Bridge;

(B) in the Taku River drainage from the Taku River Lodge upstream to the United States/Canada border, salmon may be taken by set gillnets only;

(D) set gillnets may be used in Yes Bay north of a line from Bluff Point to Syble Point, except within 500 yards of the terminus of Wolverine Creek; the personal use permit holder shall be physically present at the gillnet while it is in operation;

(3) in the Chilkat and Taku rivers and in Shipley Bay and Yes Bay, the personal use permit holder shall be physically present at the net while it is in operation;

(4) a gillnet may not exceed 50 fathoms in length, except in the Taku River a set gillnet may not exceed 15 fathoms in length;

(5) salmon may not be taken by the use of a line attached to a pole or rod;

(6) fishing gear may not obstruct more than one-half the width of any salmon stream, side channel, creek, river, bay, or waterway.

(h) Salmon may be taken at any time except

(1) as may be restricted under the terms of a personal use fishing permit;

(2) from July 7 through August 7, sockeye salmon may be taken in the waters of Klawock Harbor enclosed by a line from the northernmost tip of Klawock Island at 55° 33.42' N. lat., 133° 06.38' W. long. to Klawock Island Light to the Klawock Cannery Dock at 55° 33.47' N. lat., 133° 05.96' W. long., the Klawock River, and Klawock Lake only from 8:00 a.m. Monday until 5:00 p.m. Friday;

(3) in the Taku River drainage, sockeye salmon may be taken only in waters from the Taku River Lodge upstream to the United States/Canada border and only from July 1 through July 31.

(i) The following waters are closed to the personal use taking of salmon:

(1) in District 13, Sitkoh Bay and the Sitkoh River drainage are closed to the taking of sockeye salmon;

(2) in District 15, Lynn Canal including Chilkat, Chilkoot and Lutak inlets, during the closed periods of the commercial salmon net fishery in the district.

(3) the Klawock River drainage upstream of the Klawock River Bridge.

(j) Salmon taken for personal use or under personal use regulations may not be subsequently used as bait for commercial fishing purposes.

(k) In the Ketchikan Management Area, in waters open to personal use salmon fishing under a household personal use salmon fishing permit, and unless otherwise specified in a terminal harvest area under 5 AAC 33 or 5 AAC 77.685, the possession and annual limits for salmon per household are as follows:

(1) sockeye salmon: the possession limit is 10 sockeye salmon, with an annual limit of 20 sockeye salmon, except as follows:

(A) District 1: in McDonald Lake, near Yes Bay, the possession and annual limit is 20 sockeye salmon;

(B) District 2: in the following waters, the possession limit is 12 sockeye salmon, with an annual limit of 50 sockeye salmon:

(i) Kegan River;

(ii) Thorne River;

(2) pink salmon: the possession limit is 150 pink salmon, with no annual limit;

(3) chum salmon: the possession limit is 25 chum salmon, with no annual limit.

(l) In the Petersburg - Wrangell Management Area, in waters open to personal use salmon fishing under a household personal use salmon fishing permit, and unless otherwise specified in a terminal harvest area under 5 AAC 33 or 5 AAC 77.685, the possession and annual limits for salmon per household are as follows:

(1) sockeye salmon may not be taken for personal use, except that in District 6, in Hatchery Creek, sockeye salmon may be taken with a possession limit of six sockeye salmon and an annual limit of 18 sockeye salmon;

(2) pink salmon: the possession limit is 100 pink salmon, with no annual limit;

(3) chum salmon: the possession limit is 50 chum salmon, with no annual limit.

(m) In the Sitka Management Area, sockeye salmon may not be taken for personal use, except that in Takanis Bay and Takanis Lake, combined, sockeye salmon may be taken under a household personal use salmon fishing permit with a possession and annual limit of 50 sockeye salmon per household.

(n) In the Juneau Management Area, in waters open to personal use salmon fishing under a household personal use salmon fishing permit, and unless otherwise specified in a terminal harvest area under 5 AAC 33 or 5 AAC 77.685, the possession and annual limits for salmon per household are as follows:

(1) sockeye salmon may not be taken for personal use, except that in the following waters sockeye salmon may be taken with the following possession and annual limits:

(A) Sweetheart Creek: the possession limit is 25 sockeye salmon, with no annual limit;

(B) Taku River drainage: the possession and annual limit are as specified in (f) of this section;

(2) pink salmon: the possession limit is 150 pink salmon, with no annual limit;

(3) chum salmon: the possession limit is 50 chum salmon, with no annual limit.

(o) In the Haines Management Area, salmon may not be taken for personal use, except that in the Taiya River, pink and chum salmon may be taken under a household personal use salmon fishing permit with a possession limit of 10 pink and chum salmon, combined, with an annual limit of 20 pink and chum salmon, combined, per household.

(p) For the purposes of this section, the

(1) Ketchikan Management Area consists of the waters of the Southeastern Alaska Area in Districts 1 - 4;

(2) Petersburg-Wrangell Management Area consists of the waters of the Southeastern Alaska Area in Districts 5 - 8, Section 9-B, and District 10;

(3) Sitka Management Area consists of the waters of the Southeastern Alaska Area in Section 9-A, District 12 south of the latitude of Point Hayes and west of a line midway between the shoreline of Admiralty Island and the shorelines of Chichagof Island, Baranof Island, and Catherine Island, and District 13;

(4) Juneau Management Area consists of the waters of the Southeastern Alaska Area in Districts 11, 12, 14, and 16, except for those waters of District 12 described in (3) of this subsection;

(5) Haines Management Area consists of the waters of the Southeastern Alaska Area in District 15.

History

Authority: AS 16.05.251
Eff. 6/25/89, Register 110; am 5/29/93, Register 126; am 4/1/94, Register 129; am 12/1/2004, Register 172; am 5/31/2009, Register 190; am 7/13/2012, Register 203; am 7/1/2015, Register 214; am 6/5/2016, Register 218; am 6/17/2018, Register 226; am 10/16/2022, Register 244

5 AAC 77.683 Personal Use Fishery Management Plan for the Juneau, Petersburg, Wrangell, Sitka, and Ketchikan Road Systems {#sec-5-aac-77.683 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.683}

Salmon streams flowing across or adjacent to the road systems of Juneau, Petersburg, Wrangell, Sitka, and Ketchikan support only limited runs of salmon. Harvestable numbers of salmon in excess to the spawning escapement needs for those streams are normally of such a small magnitude that these numbers alone are not sufficient to support the consumptive demands of those communities. Therefore, the department shall not issue permits which allow the use of nets for streams along the road systems of those communities, with the exception of Ketchikan Creek for the harvest of hatchery-origin fish.

History

Authority: AS 16.05.251
Eff. 6/25/89, Register 110; am 6/17/2018, Register 226

5 AAC 77.684 Vessel specifications and operations {#sec-5-aac-77.684 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.684}

From January 1 through August 31, in the waters of Klawock Harbor enclosed by a line from the northernmost tip of Klawock Island at 55° 33.42' N. lat., 133° 06.38' W. long. to Klawock Island Light to the Klawock Cannery Dock at 55° 33.47' N. lat., 133° 05.96' W. long., a person may operate personal use salmon gear from a vessel that is powered only by hand or an outboard motor of no greater than 50 horsepower.

History

Authority: AS 16.05.251
Eff. 6/25/89, Register 110; am 7/13/2012, Register 203; am 7/1/2015, Register 214

5 AAC 77.685 Personal Use Hatchery Salmon Management Plan {#sec-5-aac-77.685 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.685}

(a) The purpose of the personal use hatchery salmon management plan set out in (b) - (e) of this section is to allow the personal use taking of hatchery salmon in terminal locations when those salmon have not been taken in other authorized fisheries.

(b) Fishing times and locations are established by emergency order.

(c) Fishing gear is limited to beach seines, hand purse seines, gillnets, cast nets, and dip nets. Fishing seasons by gear type are established by emergency order.

(d) The daily bag and possession limits are the same as for the sport fishery specified in 5 AAC 47 and are not in addition to those limits. The department may, by commissioner's announcement, increase the bag and possession limits when conditions, such as number of fish available for harvest and effort levels, warrant.

(e) The heads of all adipose-fin-clipped salmon must be turned into ADF&G.

History

Authority: AS 16.05.060; AS 16.05.251
Eff. 4/18/86, Register 98; am 6/1/2003, Register 166

5 AAC 77.690 Ketchikan Creek Personal Use Salmon Fishery Management Plan {#sec-5-aac-77.690 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.690}

Repealed 4/18/86.

5 AAC 77.695 Crystal Lake Hatchery Personal Use Fishery Salmon Management Plan {#sec-5-aac-77.695 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.695}

Repealed 4/18/86.

5 AAC 77.699 Prohibitions {#sec-5-aac-77.699 omnilex-key=us-ak-regs-official--title-5--5 AAC 77.699}

(a) An owner, operator, or employee of a lodge, charter vessel, or other enterprise that furnishes food, lodging, or sport fishing guide services, as defined in 5 AAC 75.995, may not furnish to a client or guest of that enterprise, shellfish that has been taken under this chapter for personal use, unless the

(1) shellfish has been taken with gear deployed and retrieved by the client or guest;

(2) gear has been marked with the client's or guest's name and address, as specified in 5 AAC 77.010(d); and

(3) shellfish is to be consumed by the client or guest or is consumed in the presence of the client or guest.

(b) The captain and crewmembers of a charter vessel may not deploy, set, or retrieve their own gear in a personal use shellfish fishery when that vessel is being chartered.

History

Authority: AS 16.05.251
Eff. 6/19/97, Register 142; am 6/3/2000, Register 154; am 2/10/2005, Register 173; am 7/1/2006, Register 178

Part 3 Game

Chapter 81 (Repealed)

Article 1 (Repealed)

Article 2 (Repealed)

Repealed 7/5/85.

Article 4 (Repealed)

Article 6 (Repealed)

5 AAC 81.320 Big game hunting. Repealed 7/5/85 {#sec-5-aac-81.320 omnilex-key=us-ak-regs-official--title-5--5 AAC 81.320}

5 AAC 81.330 Fur animal hunting. Repealed 7/5/85 {#sec-5-aac-81.330 omnilex-key=us-ak-regs-official--title-5--5 AAC 81.330}

5 AAC 81.340 Small game hunting. Repealed 7/5/85 {#sec-5-aac-81.340 omnilex-key=us-ak-regs-official--title-5--5 AAC 81.340}

5 AAC 81.350 Marine mammal hunting. Repealed 7/5/85 {#sec-5-aac-81.350 omnilex-key=us-ak-regs-official--title-5--5 AAC 81.350}

5 AAC 81.360 Unclassified game hunting. Repealed 7/5/85 {#sec-5-aac-81.360 omnilex-key=us-ak-regs-official--title-5--5 AAC 81.360}

5 AAC 81.380 Taking of polar bear, walrus and sea otter on the high seas. Repealed 7/4/80 {#sec-5-aac-81.380 omnilex-key=us-ak-regs-official--title-5--5 AAC 81.380}

5 AAC 81.385 Bounties. Repealed 7/2/78 {#sec-5-aac-81.385 omnilex-key=us-ak-regs-official--title-5--5 AAC 81.385}

Chapter 82 Big Game Photography Contest

5 AAC 84.090 Possession, import or export of live game. Repealed 4/21/83 {#sec-5-aac-84.090 omnilex-key=us-ak-regs-official--title-5--5 AAC 84.090}

5 AAC 84.100 Possession of game. Repealed 4/21/83 {#sec-5-aac-84.100 omnilex-key=us-ak-regs-official--title-5--5 AAC 84.100}

5 AAC 84.110 Beaver sealing. Repealed 7/5/85 {#sec-5-aac-84.110 omnilex-key=us-ak-regs-official--title-5--5 AAC 84.110}

5 AAC 84.115 Wolf, wolverine, lynx, marten, and river otter sealing. Repealed 7/5/85 {#sec-5-aac-84.115 omnilex-key=us-ak-regs-official--title-5--5 AAC 84.115}

5 AAC 84.120 Exportation of skins. Repealed 7/5/85 {#sec-5-aac-84.120 omnilex-key=us-ak-regs-official--title-5--5 AAC 84.120}

5 AAC 84.130 Exporting and possession of sea otter. Repealed 7/4/80 {#sec-5-aac-84.130 omnilex-key=us-ak-regs-official--title-5--5 AAC 84.130}

5 AAC 84.140 Importing of sea otter skins. Repealed 7/4/80 {#sec-5-aac-84.140 omnilex-key=us-ak-regs-official--title-5--5 AAC 84.140}

5 AAC 84.150 Processing of sea otter skins. Repealed 7/4/80 {#sec-5-aac-84.150 omnilex-key=us-ak-regs-official--title-5--5 AAC 84.150}

Article 5 (Repealed)

5 AAC 84.180 Application of 5 AAC 84.190 - 5 AAC 84.200. Repealed 8/20/89 {#sec-5-aac-84.180 omnilex-key=us-ak-regs-official--title-5--5 AAC 84.180}

5 AAC 84.190 Southeastern Alaska (Units 1 - 5). Repealed 8/20/89 {#sec-5-aac-84.190 omnilex-key=us-ak-regs-official--title-5--5 AAC 84.190}

5 AAC 84.200 Southcentral Alaska (Units 6 - 16). Repealed 8/20/89 {#sec-5-aac-84.200 omnilex-key=us-ak-regs-official--title-5--5 AAC 84.200}

5 AAC 84.210 Interior - Arctic Alaska (Units 17 - 26). Repealed 6/23/85 {#sec-5-aac-84.210 omnilex-key=us-ak-regs-official--title-5--5 AAC 84.210}

Article 7 Trapping Seasons and Bag Limits

5 AAC 84.260 Application of 5 AAC 84.270. It is lawful to trap a furbearer only in a game management unit or a portion of a unit open to trapping in accordance with the open season and bag limit prescribed in 5 AAC 84.270. Bag limits and open seasons are based upon the regulatory year {#sec-5-aac-84.260 omnilex-key=us-ak-regs-official--title-5--5 AAC 84.260}

History

Authority: AS 16.05.255

5 AAC 84.270 Furbearer trapping. Trapping seasons and bag limits for furbearers are as follows: Species and Units Open Season Bag Limit (1) Beaver Units 1 - 5 Nov. 10 - May 15No limit.Unit 14 (except Unit 14(C)) Nov. 10 - May 15No limit.Unit 6 Nov. 10 - Apr. 30No limit.Units 7 and 15 Nov. 10 - Apr. 3020 per season.Unit 8 Nov. 10 - Apr. 3030 per season.Unit 9 Oct. 10 - May 31No limit.Unit 10 No open season.Units 11, 13, and 16 Sept. 25 - May 31No limit.Unit 14(C), that portion within the drainages of Glacier Creek, Kern Creek, the Twentymile River, the drainages of Knik River outside Chugach State Park, the Birchwood Manage- ment Area, and the Joint Base Elmendorf-Richardson (JBER) Management Area Nov. 10 - Apr. 3020 per season.Remainder of Unit 14(C) No open season.Unit 17 Oct. 10 - May 31No limit.Unit 18 No closed season.No limit.Units 12, 20(A), 20(C), 20(E), and 20(F) Sept. 15 - June 10No limit.Units 19, 21, 24, and 25 Sept. 1 - June 10No limit.Unit 20(B), that portion of the Chena River downstream from its confluence with the Little Chena RiverNo open season; how- ever, the department may set seasons and bag limits, by permit only, to curb high beaver popula- tions and reduce property damage. Remainder of Unit 20(B), and Unit 20(D) Sept. 25 - May 31No limit.Unit 22 No closed season.No limit.Unit 23 No closed season.No limit.Unit 26 No open season. (2) Coyote Units 1 - 5 Nov. 1 - Apr. 30No limit.Units 6, 9-11, 13, 14(A), 14(B), and 16-18 Nov. 10 - Mar. 31No limit.Units 7 and 15 Nov. 10 - Mar. 31No limit.Unit 14(C) Nov. 10 - Last day of Feb.No limit.Units 12 and 20(E) Oct. 15 - Apr. 30No limit.Units 19, 20 (except 20(E)), 21, 24, and 25 Nov. 1 - Mar. 31No limit.Units 22, 23, and 26 Nov. 1 - Apr. 15No limit. (3) Fox, arctic, white, or blue Unit 8 Nov. 10 - Mar. 31No limit.Units 9 and 10 Nov. 10 - Last day of Feb.No limit.Unit 17 Nov. 10 - Mar. 31No limit.Unit 18 Nov. 10 - Mar. 31No limit.Units 22, 23, and 26 Nov. 1 - Apr. 15No limit.Units 24 and 25 Nov. 1 - Last day of Feb.No limit. (4) Fox, red (including the cross, black, or silver color phases) Units 1 - 4 Dec. 1 - Feb. 15No limit.Unit 5 Nov. 10 - Feb. 15No limit.Units 6, 9 - 11, 13, 14, excluding Chugach State Park, and Unit 16 Nov. 10 - Last day of Feb.No limit.Units 7, 14(C), that portion within Chugach State Park, and Unit 15 Nov. 10 - Last day of Feb.One per season.Unit 8 Nov. 10 - Mar. 31No limit.Units 20, except 20(E), and Units 21, 24, and 25 Nov. 1 - Last day of Feb.No limit.Units 12 and 20(E) Nov. 1 - Mar. 15No limit.Unit 17 Nov. 10 - Mar. 31No limit.Unit 18 Nov. 10 - Mar. 31No limit.Unit 19 Nov. 1 - Mar. 31No limit.Units 22, 23, and 26 Nov. 1 - Apr. 15No limit. (5) Lynx Units 1 - 5 Dec. 1 - Feb. 15No limit.Units 7, 11, and 13 - 16Nov. 10 - Last day of Feb.No limit; season may be closed by emergen- cy order. Unit 10 No open season.Units 6 and 9 (except 9(B)) Nov. 10 - Last day of Feb.No limit.Unit 9(B) Nov. 10 - Mar. 31No limit.Unit 17 Nov. 10 - Mar. 31No limit.Unit 18 Nov. 10 - Mar. 31No limit.Units 12, 19(A), 19(B), 19(E), 20, 21(B), 21(C), 21(D), 21(E) and 25 Nov. 1 - Mar. 15No limit.Units 19(C), 19(D), and 21(A) Nov. 1 - Mar. 31No limit.Units 22, 23, and 26 Nov. 1 - Apr. 15No limit.Unit 24 Nov. 1 - Last day of Feb.No limit. (6) Marten Units 1 - 3 (except Kuiu Island) Dec. 1 - Feb. 15No limit.Unit 3 (Kuiu Island) No open season. Unit 4, that portion of Chichagof Island east of Idaho Inlet and north of the Trail River and Tenakee Inlet and north of a line from the headwaters of Trail River to the head of Tenakee Inlet Dec. 1 - Dec. 31No limit.Remainder of Unit 4 Dec. 1 - Feb. 15No limit.Unit 5 Nov. 10 - Feb. 15No limit.Units 7, 8, 14(A), 14(B), 15, and 16 Nov. 10 - Jan. 31No limit.Units 6, 9, 11, 13, and 17 Nov. 10 - Last day of Feb.No limit.Units 12, 19 - 21, 24, and 25 Nov. 1 - Last day of Feb.No limit.Unit 14(C) Nov. 10 - Dec. 31No limit.Unit 18 Nov. 10 - Mar. 31No limit.Units 22, 23, and 26 Nov. 1 - Apr. 15No limit. (7) Mink and weasel Units 1 - 3 Dec. 1 - Feb. 15No limit.Unit 4, that portion of Chichagof Island east of Idaho Inlet and north of the Trail River and Tenakee Inlet and north of a line from the headwaters of Trail River to the head of Tenakee Inlet Dec. 1 - Dec. 31No limit.Remainder of Unit 4 Dec. 1 - Feb. 15No limit.Unit 5 Nov. 10 - Feb. 15No limit.Units 7, 8, and 14 - 16 Nov. 10 - Jan. 31No limit.Units 6, 9, 10, 11, 13, and 17 Nov. 10 - Last day of Feb.No limit.Unit 18 Nov. 10 - Mar. 31No limit.Units 12, 19 - 21, 24, and 25 Nov. 1 - Last day of Feb.No limit.Units 26(B), and 26(C) Nov. 1 - Apr. 15No limit.Units 22, 23, and 26(A) Nov. 1 - Apr. 15No limit. (8) Muskrat Units 1 - 5 Dec. 1 - Feb. 15No limit.Units 6, 8 - 11, and 16 Nov. 10 - June 10No limit.Units 7, 14, and 15 Nov. 10 - May 15No limit.Units 12 and 20(E) Sept. 20 - June 10No limit.Unit 13 Sept. 25 - June 10No limit.Unit 17 Nov. 10 - May 31No limit.Units 19, 20 (except 20(E)), 21, 24 - 25, 26(B), and 26(C) Sept. 15 - June 10No limit.Unit 22 Nov. 1 - June 10No limit.Units 18, and 23, and 26(A) No closed season.No limit. (9) Otter, land Units 1 - 5 Nov. 10 - Mar. 31No limit.Units 6, 9 - 11, 13, 14(A), 14(B), and 16 - 18 Nov. 10 - Mar. 31No limit.Units 7 and 14(C) Nov. 10 - Last day of Feb.No limit.Unit 8 Nov. 10 - Jan. 31No limit.Units 12 and 19 - 26 Nov. 1 - Apr. 15No limit.Unit 15 Nov. 10 - Last day of Feb.No limit. (10) Otter, sea Units 1 - 26 No open season. (11) Repealed 4/24/88 (12) Squirrel (red, flying, parka, or ground) and marmot Units 1 - 26 No closed season.No limit. (13) Wolf Unit 1(C), that portion west of Excursion Inlet and north of Icy Passage, by registration permit only Nov. 1 - Apr. 30No limit.Unit 1, except that portion of Unit 1(C) west of Excursion Inlet and north of Icy Passage, and Units 3 - 5 Nov. 1 - Apr. 30No limit.Unit 2 Nov. 15 - Mar. 31No limit.Units 6 and 11 Nov. 10 - Mar. 31No limit.Units 7 and 15 Nov. 10 - Mar. 31No limitUnit 9 and 10 Oct. 1 - Apr. 30No limit.Units 14(A), 14(B), 17, and 18 Nov. 10 - Apr. 30No limit.Units 12, 13, and 16 Oct. 15 - Apr. 30No limit.Unit 14(C) Nov. 10 - Last day of Feb.No limit.Units 19(D), 21(A), 24, and 25 Oct. 1 - Apr. 30No limit.Remainder of Unit 19 and Units 20 (except 20(D) and 20(E)), 21(B), 21(C), 21(D), 21(E), 22, 23, and 26 Nov. 1 - Apr. 30No limit.Units 20(D) and 20(E) Oct. 15 - Apr. 30No limit. (14) Wolverine Units 1 - 5 Nov. 10 - Last day of Feb.No limit.Units 6, 7, 9, 11, 15, 16(B), and 17 Nov. 10 - Last day of Feb.No limit.Unit 10 No open season.Unit 13 Nov. 10 - Feb. 15No limitUnit 14(A) Dec. 15 - Jan. 312 per season.Units 14(B), 14(C), and 16(A) Nov. 10 - Jan. 312 per season.Units 20(A), 20(B), 20(D), 20(F), and 25(C) Nov. 1 - Last day of Feb.No limit.Units 12 and 20(E) Nov. 1 - Mar. 15No limit.Unit 18 Nov. 10 - Mar. 31No limit.Units 19, 20(C), 21, 24, and 25 (except 25(C)) Nov. 1 - Mar. 31No limit.Units 22, 23, and 26 Nov. 1 - Apr. 15No limit. (15) Fisher Units 1 - 5 Dec. 1 - Feb. 151 per season {#sec-5-aac-84.270 omnilex-key=us-ak-regs-official--title-5--5 AAC 84.270}

History

Authority: AS 16.05.060; AS 16.05.255; AS 16.05.270

5 AAC 84.275 Taking of furbearers. A furbearer may only be taken under this chapter by a person who possesses a valid trapping license, or by a resident under the age of 18 {#sec-5-aac-84.275 omnilex-key=us-ak-regs-official--title-5--5 AAC 84.275}

History

Authority: AS 16.05.255
Eff. 6/23/85, Register 94; am 7/1/2020, Register 234

Article 8 (Repealed)

5 AAC 84.280 Emergency taking. Repealed 7/5/85 {#sec-5-aac-84.280 omnilex-key=us-ak-regs-official--title-5--5 AAC 84.280}

5 AAC 84.285 Taking game in defense of life or property. Repealed 7/5/85 {#sec-5-aac-84.285 omnilex-key=us-ak-regs-official--title-5--5 AAC 84.285}

5 AAC 84.290 Taking or capturing of sea otter. Repealed 7/4/80 {#sec-5-aac-84.290 omnilex-key=us-ak-regs-official--title-5--5 AAC 84.290}

5 AAC 84.295 Bounties. Repealed 7/2/78 {#sec-5-aac-84.295 omnilex-key=us-ak-regs-official--title-5--5 AAC 84.295}

5 AAC 84.300 Liability for violations. Repealed 7/5/85 {#sec-5-aac-84.300 omnilex-key=us-ak-regs-official--title-5--5 AAC 84.300}

Chapter 85 Hunting Seasons and Bag Limits

Article 1 General

5 AAC 85.001 Application of regulations {#sec-5-aac-85.001 omnilex-key=us-ak-regs-official--title-5--5 AAC 85.001}

Regulations in this chapter govern subsistence and general hunting of big game, small game, deleterious exotic wildlife, fur animals, and unclassified game, and include season, area, permit, and residency restrictions. Game may not be taken by hunting except as specifically provided in this chapter.

History

Authority: AS 16.05.255; AS 16.20.075
Eff. 8/20/89, Register 111; am 7/8/95, Register 135

5 AAC 85.005 Policy for hunting seasons and bag limits for new species of game {#sec-5-aac-85.005 omnilex-key=us-ak-regs-official--title-5--5 AAC 85.005}

The Board of Game will not adopt regulations to establish a hunting season and bag limit under this chapter for a new species of game that is introduced in a region of the state, where the species of game does not already naturally exist, until the board determines that there is a harvestable surplus of the species of game that is large enough to provide a general hunt for eligible residents and nonresidents.

History

Authority: AS 16.05.255
Eff. 7/1/2006, Register 178

Article 2 Seasons and Bag Limits

5 AAC 85.010 Hunting seasons and bag limits for bison {#sec-5-aac-85.010 omnilex-key=us-ak-regs-official--title-5--5 AAC 85.010}

(a) In this section, the phrase "General hunt only" means that there is a general hunt for residents, but no subsistence hunt, during the relevant open season. Hunting seasons and bag limits for bison are as follows:

Units and Bag Limits

Resident

Open Season

(Subsistence and

General Hunts)

Nonresident

Open Season

(1)

Unit 11, drainages of the

Chitina River east of the

Chakina River and south

and east of the Nizina

River

Sept. 6 - Nov. 30

(General hunt only)Sept. 6 - Nov. 301 bison every 10 regulatory

years by drawing permit

only; up to 12 permits will

be issued

Unit 11, east of the Copper

River, south of the Klawasi

River, and west of a line from

Mount Sanford to Mount

Wrangell to Long Glacier,

and west of the Kotsina

River, and that portion of Unit

13(D) east of the Edgerton

Highway

Sept. 1 - Mar. 31

(General hunt only)Sept. 1 - Mar. 311 bison every 10 regulatory

years by drawing permit

only; up to 50 permits may

be issued

(2)

Unit 19Aug. 22 - Oct. 10

(General hunt only)

Mar. 1 - Mar. 31

(General hunt only)

Aug. 22 - Oct. 10

Mar. 1 - Mar. 311 bison every 10 regulatory

years by drawing permit

only; up to 100 permits will

be issued

(3)

Unit 20(D)July 1 - June 30

(General hunt only)

July 1 - June 301 bison every 10 regulatory

years by drawing permit,

except that a bison wearing

a radio collar of the kind spec-

ified by the department in

the permit may not be taken;

up to 200 permits will be

issued

(b) Repealed 6/16/91.

History

Authority: AS 16.05.060; AS 16.05.255; AS 16.05.258
Eff. 8/20/89, Register 111; am 8/9/90, Register 115; am 12/27/90, Register 116; am 6/16/91, Register 118; am 7/1/93, Register 126; am 7/1/98, Register 146; am 7/1/99, Register 150; em am 3/28/2000 - 7/25/2000, Register 154; am 7/1/2007, Register 182; am 7/1/2009, Register 190; am 7/1/2010, Register 194; am 7/1/2015, Register 214; am 6/23/2022, Register 242

5 AAC 85.015 Hunting seasons and bag limits for black bear {#sec-5-aac-85.015 omnilex-key=us-ak-regs-official--title-5--5 AAC 85.015}

(a) In this section, the phrase "General hunt only" means that there is a general hunt for residents, but no subsistence hunt, during the relevant open season. For those units or portions of units within non-subsistence areas established by the Joint Boards of Fisheries and Game (5 AAC 99.015), there is a general hunt only. Hunting seasons and bag limits for black bear are as follows:

Units and Bag Limits

Resident

Open Season

(Subsistence and

General Hunts)

Nonresident

Open Season

(1)

Unit 1(A)

RESIDENT HUNTERS:

2 bears, not more than 1

of which may be a blue or

glacier bear

Sept. 1 - June 30

(General Hunt only)NONRESIDENT HUNTERS:

1 bear

Sept. 1 - June 30Unit 1(B)

RESIDENT HUNTERS:

2 bears, not more than 1

of which may be a blue or

glacier bear

Sept. 1 - June 30

(General Hunt only)NONRESIDENT HUNTERS:

1 bear

Sept. 1 - June 30Units 1(C), north of Taku

Inlet and the north bank of

the Taku River

RESIDENT HUNTERS:

2 bears, not more than 1

of which may be a blue

or glacier bear; however,

a white-colored bear may

not be taken

Sept. 1 - June 30

(General hunt only)NONRESIDENT HUNTERS:

1 bear; however, a white-

colored bear may not be

taken

Sept. 1 - June 30Unit 1(C), south of Taku

Inlet and the north bank

of the Taku River

RESIDENT HUNTERS:

2 bears, not more than

1 of which may be a

blue or glacier bear; how-

ever, a white-colored bear

may not be taken

Sept. 1 - June 30

(General hunt only) NONRESIDENT HUNTERS

WITH REGISTERED GUIDE

OR RESIDENT RELATIVE

WITHIN THE SECOND-

DEGREE OF KINDRED:

1 bear; however, a white-col-

ored bear may not be taken

Sept. 1 - June 30 NONRESIDENT HUNTERS

WITHOUT REGISTERED

GUIDE OR RESIDENT

RELATIVE WITHIN THE

SECOND-DEGREE OF

KINDRED:

1 bear by drawing permit

only; up to 20 permits may

be issued; however, a white-

colored bear may not be taken

Sept. 1 - June 30Remainder of Unit 1(C)

RESIDENT HUNTERS:

2 bears, not more than 1

of which may be a blue

or glacier bear; however,

a white-colored bear may

not be taken

Sept. 1 - June 30

(General hunt only)NONRESIDENT HUNTERS:

1 bear; however, a white-

colored bear may not be

taken

Sept. 1 - June 30Unit 1(D)

RESIDENT HUNTERS:

2 bears, not more than

1 of which may be a blue or

or glacier bear; however, a

white-colored bear may not

be taken

Sept. 1 - June 30

(General hunt only)NONRESIDENT HUNTERS:Sept. 1 - June 30 1 bear; however, a white-

colored bear may not be

taken

Sept. 1 - June 30 Unit 2

RESIDENT HUNTERS:

2 bears, not more than

1 of which may be a blue

or glacier bear

Sept. 1 - June 30

(General hunt only)NONRESIDENT HUNTERS

WITH REGISTERED GUIDE

OR RESIDENT RELATIVE

WITHIN THE SECOND-

DEGREE OF KINDRED:

1 bear

Sept. 1 - June 30NONRESIDENT HUNTERS

WITHOUT REGISTERED

GUIDE OR RESIDENT

RELATIVE WITHIN THE

SECOND-DEGREE OF

KINDRED:

1 bear by drawing permit only;

up to 500 permits may be

issued

Sept. 1 - June 30Unit 3, Kuiu Island

RESIDENT HUNTERS:

2 bears, not more than

1 of which may be a

blue or glacier bear

Sept. 1 - June 30

(General hunt only)NONRESIDENT HUNTERS

WITH REGISTERED GUIDE

OR RESIDENT RELATIVE

WITHIN THE SECOND-

DEGREE OF KINDRED:

1 bear, the season will be

closed by emergency order

when the harvest guideline

has been reached

Sept. 1 - June 30NONRESIDENT HUNTERS

WITHOUT REGISTERED

GUIDE OR RESIDENT

RELATIVE WITHIN THE

SECOND-DEGREE OF

KINDRED:

1 bear by drawing permit only;

up to 75 permits may be is-

sued; the season will be

closed by emergency order

when the harvest guideline

has been reached

Sept. 1 - June 30Unit 3, Kupreanof Island

RESIDENT HUNTERS:

2 bears, not more than 1

of which may be a blue

or glacier bear

Sept. 1 - June 30

(General hunt only)NONRESIDENT HUNTERS

WITH REGISTERED GUIDE

OR RESIDENT RELATIVE

WITHIN THE SECOND-

DEGREE OF KINDRED:

1 bear

Sept. 1 - June 30NONRESIDENT HUNTERS

WITHOUT REGISTERED

GUIDE OR RESIDENT

RELATIVE WITHIN THE

SECOND-DEGREE OF

KINDRED:

1 bear by drawing permit

only; up to 125 permits may

be issued

Sept. 1 - June 30Remainder of Unit 3

RESIDENT HUNTERS:

2 bears, not more than 1

of which may be a blue

or glacier bear

Sept. 1 - June 30

(General hunt only)NONRESIDENT HUNTERS

WITH REGISTERED GUIDE

OR RESIDENT RELATIVE

WITHIN THE SECOND-

DEGREE OF KINDRED:

1 bear

Sept. 1 - June 30NONRESIDENT HUNTERS

WITHOUT REGISTERED

GUIDE OR RESIDENT

RELATIVE WITHIN THE

SECOND-DEGREE OF

KINDRED:

1 bear by drawing permit

only; up to 50 permits may

be issued

Sept. 1 - June 30Unit 5

RESIDENT HUNTERS:

2 bears, not more than 1

of which may be a blue

or glacier bear

Sept. 1 - June 30

(General hunt only)NONRESIDENT HUNTERS:

1 bear

Sept. 1 - June 30 (2)

Units 6(A) and 6(B)

1 bear

Aug. 20 - June 30Aug. 20 - June 30Unit 6(C)

1 bear

Sept. 1 - June 30Sept. 1 - June 30Unit 6(D)

1 bear by registration permit

only

Sept. 10 - June 10Sept. 10 - June 10 (3)

Unit 7, that portion south of

the city limits of Seward at 60°

04' 58" N. lat., and Unit 15,

hat portion south of

Kachemak Creek, Bradley

River, and Bradley Lake

RESIDENT HUNTERS:

3 bears

No closed season.

(General hunt only)NONRESIDENT HUNTERS:

1 bear

No closed season.Remainder of Units 7 and 15

RESIDENT HUNTERS:

3 bears

No closed season.

(General hunt only)NONRESIDENT HUNTERS:

3 bears

No closed season.Units 9, 11, 12, Remainder

of Unit 13, Units 18,

20 - 24, 25(A), and

3 bears

No closed season.No closed season.Unit 16(B), that portion within

a one-mile radius of the mouth

of Wolverine Creek at 60.80°

N. lat., 152.31° W. long.

Sept. 15 - May 31Sept. 15 - May 315 bears

Units 13D, 16, 19,

25(B), and 25(C)

5 bears

No closed season.No closed season.Unit 25(D)

RESIDENT HUNTERS:

5 bears; orNo closed season.5 bears per community

harvest report by

community harvest permit

in an established community

harvest area

No closed season.

(Subsistence hunt only)NONRESIDENT HUNTERS:

5 bears

No closed season.Units 14(A) and 14(B)No closed season.

(General hunt only)

No closed season.3 bears

Unit 14(C), JBER Manage-

ment Area

1 bear every regulatory year,

by drawing permit only; by

shotgun only; up to 25 permits

may be issued

Sept. 1 - June 15

(General hunt only)Sept. 1 - June 15Unit 14(C), that portion

known as the Anchorage

Management Area

Sept. 1 - May 31

(General hunt only) 1 bear by drawing permit only,

shotgun, muzzleloader,

or bow and arrow only;

weekdays only; up to 20 per-

mits may be issued in the

McHugh Creek area and up

to 20 permits may be issued

in the Upper Campbell

Creek area

Remainder of Unit 14(C)No closed season.

(General hunt only)

No closed season.1 bear

Unit 17

RESIDENT HUNTERS:

3 bears

No closed season.

(General hunt only)NONRESIDENT HUNTERS:

3 bears

No closed season.

(b) Repealed 6/16/91.

History

Authority: AS 16.05.060; AS 16.05.258 AS 16.05.255; AS 16.05.330
Eff. 8/20/89, Register 111; am 8/9/90, Register 115; am 8/10/90, Register 115; am 12/27/90, Register 116; am 6/16/91, Register 118; am 7/1/92, Register 122; am 5/13/93, Register 126; am 7/7/94, Register 131; am 8/25/94, Register 131; am 8/4/95, Register 135; am 7/1/2001, Register 158; add'l am 7/1/2001, Register 158; am 7/1/2002, Register 162; am 8/23/2002, Register 163; am 5/1/2003, Register 166; am 7/1/2005, Register 174; am 7/1/2006, Register 178; am 8/14/2007, Register 183; am 7/1/2008, Register 186; am 7/1/2009, Register 190; am 7/1/2011, Register 198; add'l am 7/1/2011, Register 198; am 11/25/2011, Register 200; am 7/1/2012, Register 202; am 7/1/2013, Register 206; add'l am 7/1/2013, Register 206; am 7/1/2014, Register 210; am 7/1/2015, Register 214; add'l am 7/1/2015, Register 214; am 7/1/2017, Register 222; am 7/1/2019, Register 230; add'l am 7/1/2019, Register 230; am 6/23/2022, Register 242; add'l am 6/23/2022, Register 242; am 7/28/2023, Register 247; am 8/10/2024, Register 251

5 AAC 85.020 Hunting seasons and bag limits for brown bear {#sec-5-aac-85.020 omnilex-key=us-ak-regs-official--title-5--5 AAC 85.020}

Units and Bag Limits

Resident

Open Season

(Subsistence and

General Hunts)

Nonresident

Open Season

(1)

Unit 1(C) Berners Bay

drainagesSept. 15 - Dec. 31

(General hunt only)

Mar. 15 - May 31

(General hunt only)

Sept. 15 - Dec. 31

Mar. 15 - May 311 bear every regulatory year

by registration permit only

Remainder of Unit 1Sept. 15 - Dec. 31

(General hunt only)

Mar. 15 - May 31

(General hunt only)

Sept. 15 - Dec. 31

Mar. 15 - May 311 bear every 4 regulatory years

by registration permit only

(2)

Unit 2

No open season.No open season.Unit 3

Mar. 15 - May 31No open season.1 bear every 4 regulatory years

by registration permit only

Sept. 15 - Dec. 31 (3)

Unit 4. Chichagof Island south

and west of a line that follows

the crest of the island from

Rock Point (58° N. lat., 136°

21' W. long.), to Rodgers Point

(57° 35' N. lat., 135° 33' W.

long.), including Yakobi and

other adjacent islands, Baranof

Island south and west of a line

that follows the crest of the

island from Nismeni Point (57°

34' No. lat., 135° 25' W. long.)

to the entrance of Gut Bay (56°

44' N. lat., 134° 38' W. long.),

including the drainages into

Gut Bay and including Kruzof

and other adjacent islands.

RESIDENT HUNTERS:

1 bear every 4

regulatory years

by registration permit only

Sept. 15 - Dec. 31

Mar. 15 - May 31NONRESIDENT HUNTERS

WITH GUIDE:1 bear every 4

regulatory years

by registration permit only

Sept. 15 - Dec. 31

Mar. 15 - May 31NONRESIDENT HUNTERS

WITHOUT GUIDE:1 bear every 4 regulatory

years by drawing permit only,

up to 10 permits may be issued

in combination with Unit 4,

that portion within the North-

east Chichagof Controlled Use

Area and the Remainder of

Unit 4 during Sept. 15 - Dec.

31; or

Sept. 15 - Dec. 311 bear every 4 regulatory

years by drawing permit only,

up to 10 permits may be issued

in combination with Unit 4,

that portion within the North-

east Chichagof Controlled Use

Area and the Remainder of

Unit 4 during Mar. 15 - May

Mar. 15 - May 31Unit 4, that portion within the

Northeast Chichagof Con-

trolled Use Area

RESIDENT HUNTERS:

1 bear every 4

regulatory years

by registration permit only

Sept. 15 - Dec. 31

Mar. 15 - May 20NONRESIDENT HUNTERS

WITH GUIDE:1 bear every 4

regulatory years

by registration permit only

Sept. 15 - Dec. 31

Mar. 15 - May 20 NONRESIDENT HUNTERS

WITHOUT GUIDE:

1 bear every 4 regulatory

years by drawing permit only,

up to 10 permits may be issued

in combination with Unit 4,

Chichagof Island south and

west of a line that follows the

crest of the island from Rock

Point (58° N. lat., 136° 21' W.

long.) to Rodgers Point (57° 35'

N. lat., 135° 33' W. long.), in-

cluding Yakobi and other adja-

cent islands; Baranof Island

south and west of a line that

follows the crest of the island

from Nismeni Point (57° 34' N .

lat., 135° 25' W. long.) to the

entrance of Gut Bay (56° 44'

N. lat., 134° 38' W. long.), in-

cluding the drainages into Gut

Bay and including Kruzof and

other adjacent islands, and the

Remainder of Unit 4 during

Sept. 15-Dec. 31; or

Sept. 15 - Dec. 311 bear every 4 regulatory years

by drawing permit only, up to

10 permits may be issued in

combination with Unit 4, Chi-

chagof Island south and west

of a line that follows the crest

of the island from Rock Point

(58° N. lat., 136° 21' W. long.)

to Rodgers Point (57° 35' N.

lat., 135° 33' W. long.), includ-

ing Yakobi and other adjacent

islands; Baranof Island south

and west of a line that follows

the crest of the island from

Nismeni Point (57° 34' N. lat.,

135° 25' W. long.) to the en-

trance of Gut Bay (56° 44' N.

lat., 134° 388 W. long.), includ-

ing the drainages into Gut Bay

and including Kruzof and other

adjacent islands, and the Re-

mainder of Unit 4 during Mar.

15 - May 20

Mar. 15 - May 20Remainder of Unit 4

RESIDENT HUNTERS:

1 bear every 4

regulatory years

by registration permit only

Sept. 15 - Dec. 31

Mar. 15 - May 20 NONRESIDENT HUNTERS

WITHOUT GUIDE:1 bear every 4 regulatory

years by drawing permit

only, up to 10 permits may

be issued in combination

with Unit 4, Chichagof Island

south and west of a line that

follows the crest of the

island from Rock Point

(58° N. lat., 136° 21' W.

long.) to Rodgers Point

(57° 35' N. lat., 135° 33'

W. long.), including Yakobi

and other adjacent islands:

Baranof Island south and

west of a line that follows

the crest of the island from

Nismeni Point (57° 34' N. lat.,

135° 25' W. long.) to the

entrance of Gut Bay (56° 44'

N. lat., 134° 38' W. long.),

including the drainages into

Gut Bay and including Kruzof

and other adjacent islands,

and Unit 4, that portion

within the Northeast

Chichagof Controlled Use Area

during Sept. 15-Dec. 31; or

Sept. 15 - Dec. 311 bear every 4 regulatory

years by drawing permit

only, up to 10 permits may

be issued in combination

with Unit 4, Chichagof Island

south and west of a line that

follows the crest of the

island from Rock Point

(58° N. lat., 136° 21' W.

long.) to Rodgers Point

(57° 35' N. lat., 135° 33'

W. long.), including Yakobi

and other adjacent islands;

Baranof Island south and west

of a line that follows the crest

of the island from Nismeni

Point (57° 34' N. lat., 135° 25'

W. long.) to the entrance of

Gut Bay (56° 44' N. lat., 134°

38' W. long.), including the

drainages into Gut Bay and

including Kruzof and other ad-

jacent islands, and Unit 4, that

portion within the Northeast

Chichagof Controlled Use Area

during Mar. 15 - May 20

Mar. 15 - May 20 (4)

Unit 5

Sept. 1 - May 31Sept. 1 - May 311 bear every 4 regulatory years

by registration permit only

(5)

Units 6(A), 6(B), and 6(C)

1 bear every

regulatory year

Sept. 1 - June 10

(General hunt only)Sept. 1 - June 10Unit 6(D), Montague Island

Oct. 15 - Dec. 31Oct. 15 - Dec. 311 bear every 4 regulatory years

by registration permit only

Apr. 1 - May 25Apr. 1 - May 25Remainder of Unit 6(D)Oct. 15 - May 25

(General hunt only)

Oct. 15 - May 251 bear every 4 regulatory years

(6)

Unit 7

1 bear every

regulatory year by

registration permit only

Aug.10 - June 30

(General hunt only)Aug. 10 - June 30 (7)

Unit 8, that portion of

Kodiak Island and adjacent

islands, including all drainages

into Chiniak, Anton Larsen,

and northeast Ugak (east of

Saltery Creek drainage) Bays

Oct. 25 - Nov. 30

(General hunt only)Oct. 25 - Nov. 30

Apr. 1 - May 15Apr. 1 - May 15

(General hunt only)

1 bear every 4 regulatory years

by registration permit onlyRemainder of Unit 8Apr. 1 - May 15

(General hunt only)

Oct. 25 - Nov. 30

(General hunt only)

Apr. 1 - May 15

Oct. 25 - Nov. 301 bear every 4 regulatory years

by permit only, as provided in

5 AAC 92.061

(8)

Unit 9(A)

1 bear every 4 regulatory years

by registration permit onlyOct. 1 - Oct. 21

(Odd years only)

May 10 - May 31

(Even years only)

Oct. 1 - Oct. 21

(Odd years only)

May 10 - May 31

(Even years only)Unit 9(B)

1 bear every regulatory year

by registration permit only

Sept. 1 - May 31

(Subsistence hunt only)No open season.1 bear every 4 regulatory years

by registration permit onlySept. 20 - Oct. 21

(Odd years only)

May 10 - May 31

(Even years only)

Sept. 20 - Oct. 21

(Odd years only)

May 10 - May 31

(Even years only)1 bear every regulatory year

by registration permit only within

5 miles of the communities of

Port Alsworth, Nondalton, Il-

iamna, Newhalen, Pile Bay,

Pedro Bay, Pope Vanoy Land-

ing, Kakhonak, Igiugig, and

Levelock

July 1 - June 30No open season.Unit 9(C)

1 bear every 4 regulatory years

by registration permit onlyOct. 1 - Oct. 21

(Odd years only)

May 10 - May 31

(Even years only)

Oct. 1 - Oct. 21

(Odd years only)

May 10 - May 31

(Even years only)1 bear every regulatory year

by registration permit only

within 5 miles of the communi-

ties of King Salmon, Naknek,

and South Naknek

July 1 - June 30No open season.Unit 9(D)

RESIDENT HUNTERS:

1 bear every 4 regulatory years

by registration permit only Oct. 1 - Oct. 21

(Odd years only)

May 10 - May 31

(Even years only)

1 bear every regulatory year

by registration permit only

within 5 miles of the communi-

ties of Cold Bay, King Cove,

Sand Point, and Nelson

Lagoon

July 1 - June 30NONRESIDENT HUNTERS:

1 bear every 4 regulatory years

by registration permit onlyOct. 1 - Oct. 21

(Odd years only)

May 10 - May 31

(Even years only)

Unit 9(E), that portion includ-

ing all drainages into the Paci-

fic Ocean between Cape

Kumliun and the border of

Units 9(E) and 9(D)

RESIDENT HUNTERS:

1 bear every regulatory year

by registration permit only

Nov. 1 - Dec. 31

(Subsistence hunt only)1 bear every 4 regulatory years

by registration permit onlyOct. 1 - Oct. 21

(Odd years only)

May 10 - May 31

(Even years only)

1 bear every regulatory

year by registration permit

only within 5 miles of the com-

munities of Chignik Lake, Chignik

Lagoon, Chignik Bay,

Perryville, and Ivanof Bay

July 1 - June 30NONRESIDENT HUNTERS:

1 bear every 4 regulatory years

by registration permit only Oct. 1 - Oct. 21

(Odd years only)

May 10 - May 31

(Even years only)

Remainder of Unit 9(E)

RESIDENT HUNTERS:

1 bear every 4 regulatory years

by registration permit only Oct. 1 - Oct. 21

(Odd years only)

May 10 - May 31

(Even years only)

1 bear every regulatory year

by registration permit only

within 5 miles of the communi-

ties of Egegik, Pilot Point,

Ugashik, Port Heiden, and Port

Moller

July 1 - June 30NONRESIDENT HUNTERS:

1 bear every 4 regulatory years

by registration permit onlyOct. 1 - Oct. 21

(Odd years only)

May 10 - May 31

(Even years only)

(9)

Unit 10 (Unimak Island only)

Oct. 1 - Dec. 31

(General hunt only)Oct. 1 - Dec. 31

May 10 - May 311 bear every 4 regulatory years

by drawing permit only; up to

50 permits may be issued

May 10 - May 31

(General Hunt only)1 bear every regulatory year

by registration permit only with-

in 3 miles of the community of

False Pass

July 1 - June 30

(General hunt only)No open season. (10)

Unit 11

1 bear every regulatory year

Aug. 10 - June 30

(General hunt only)Aug. 10 - June 30 (11)

Unit 12

2 bears every regulatory year

Aug. 10 - June 30

(General hunt only)Aug. 10 - June 30 (12)

Unit 13(E), that portion within

Denali State Park

2 bears every regulatory year

Aug. 10 - June 15Aug. 10 - June 15Remainder of Unit 13

2 bears every regulatory year

July 1 - June 30

(General hunt only)July 1 - June 30 (13)

Unit 14(A)

1 bear every regulatory yearSept. 1 - June 30

(General hunt only)Sept. 1 - June 30Unit 14(B)

1 bear every regulatory year

Aug. 10 - June 30Aug. 10 - June 30Unit 14(C), Chugach State

Park Management Area and

that portion of the Eagle River

drainage above the Icicle

Creek drainage

Sept. 1 - May 31

(General hunt only)Sept. 1 - May 311 bear every regulatory year,

by drawing permit only; up to

15 permits may be issued

Unit 14(C), that portion of the

Eklutna Lake Management

Area within Chugach State

Park

Sept. 1 - May 31

(General hunt only)Sept. 1 - May 311 bear every regulatory year,

by drawing permit only; by

bow and arrow only; up to 25

permits may be issued

Unit 14C, all drainages into

McHugh Creek, in that portion

of the Anchorage Management

Area

1 bear every regulatory year,

by drawing permit only,

by shotgun, muzzleloader,

or bow and arrow only; week

days only, up to 5 permits may

be issued

Oct. 1 - Oct 31

(General hunt only)Oct. 1- Oct. 31Remainder of Unit 14(C)

1 bear every regulatory year

Sept. 1 - June 15

(General hunt only)Sept. 1 - June 15 (14)

Unit 15

1 bear every regulatory year

by registration permit only

Aug. 10 - June 30

(General hunt only)Aug. 10 - June 30Unit 16(A)

2 bears every regulatory year

July 1 - June 30July 1 - June 30Unit 16(B), that portion

within a one-mile radius of the

mouth of Wolverine Creek at

60.80° N. lat., 152.31° W. long.

Sept. 15 - May 31Sept. 15 - May 312 bears every regulatory year

Remainder Unit 16(B)

2 bears every regulatory year

July 1 - June 30July 1 - June 30 (15)

Unit 17

2 bears every regulatory

year by registration permit

only

July 1 - June 30

(Subsistence hunt only)No open season.2 bears every regulatory year

Aug. 20 - May 31Aug. 20 - May 31 (16)

Unit 18

2 bears every regulatory

year by registration permit

Sept. 1 - June 30

(Subsistence hunt only)No open season.2 bears every regulatory year

Sept. 1 - June 30Sept. 1 - June 30 (17)

Units 19(A) and 19(B),

those portions downstream

of and including the

Aniak River drainage

2 bears every regulatory

year by registration permit

only

July 1 - June 30

(Subsistence hunt only)No open season.2 bears every regulatory

year

July 1 - June 30Aug. 10 - June 30Remainder of Unit 19

2 bears every regulatory

year

July 1 - June 30Aug. 10 - June 30 (18)

Units 20(A) and 20(B)

1 bear every regulatory year

Sept. 1 - June 15

(General hunt only)Sept. 1 - June 15Units 20(C) and 20(F)

Units 20(C), 20(D), and 20(F)

Aug. 10 - June 30

(General hunt only)

Aug. 10 - June 301 bear every regulatory year

Aug. 10 - June 30

(General hunt only)

Aug. 10 - June 30Unit 20(D)

1 bear every regulatory year

by registration permit only

Aug. 10 - June 30

(General hunt only)

Aug. 10 - June 30Unit 20(E)

2 bears every regulatory year

(19)

Units 21(A) and 21(E)

RESIDENT HUNTERS:

2 bears every regulatory year

July 1 - June 30

NONRESIDENT HUNTERS:

1 bear every regulatory year

Aug. 10 - June 30

Units 21(B), and 21(C)

RESIDENT HUNTERS:

2 bears every regulatory year

Aug. 10 - June 30NONRESIDENT HUNTERS:

1 bear every regulatory year

Aug. 10 - June 30Unit 21(D)

RESIDENT HUNTERS:

2 bears every regulatory

year by registration permit; or

Aug. 10 - June 30

(Subsistence hunt only)2 bears every regulatory

year

Aug. 10 - June 30NONRESIDENT HUNTERS:

1 bear every regulatory year

Aug. 10 - June 30 (20)

Unit 22(A), south of and in-

cluding the Golsovia River

drainage

RESIDENT HUNTERS:

2 bears every regulatory

year by registration

permit only; or

Aug. 1 - May 31

(Subsistence hunt only)2 bears every regulatory year

Aug. 1 - May 31NONRESIDENT HUNTERS:

1 bear every regulatory

year

Aug. 1 - May 31Remainder of Unit 22(A)

RESIDENT HUNTERS:

2 bears every regulatory

year by registration

permit only; or

Aug. 1 - June 15

(Subsistence hunt only)2 bears every regulatory

year

Aug. 1 - June 15NONRESIDENT HUNTERS:

1 bear every regulatory

year

Aug. 1 - June 15Unit 22(B)

RESIDENT HUNTERS:

2 bears every regulatory

year by registration

permit only; or

Aug. 1 - June 30

(Subsistence hunt only)2 bears every regulatory

year

Aug. 1 - June 30NONRESIDENT HUNTERS:

1 bear every regulatory

year by drawing permit

only; up to 40 permits

may be issued in

combination with Unit

22(C)

Aug. 1 - June 15Unit 22(C)

RESIDENT HUNTERS:

1 bear every regulatory

year by registration

permit only; or

Aug. 1 - June 30

(Subsistence hunt only)1 bear every regulatory

year by registration permit

only

Aug. 1 - June 30NONRESIDENT HUNTERS:

1 bear every regulatory

year by drawing permit

only; up to 40 permits may be

issued in combination with

Unit 22(B)

Aug. 1 - Oct. 31

Apr. 1 - June 15Remainder of Unit 22

RESIDENT HUNTERS:

2 bears every regulatory

year by registration

permit only; or

Aug. 1 - June 30

(Subsistence hunt only)2 bears every regulatory

year

Aug. 1 - June 30NONRESIDENT HUNTERS:

1 bear every regulatory

year by drawing permit

only; up to 40 permits

may be issued

Aug. 1 - May 31 (21)

Unit 23

RESIDENT HUNTERS:

2 bears every regulatory year

by registration permit; or

July 1 - June 30

(Subsistence hunt only)2 bears every regulatory

year

July 1 - June 30NONRESIDENT HUNTERS:

2 bears every regulatory year

by registration permit only

Aug. 1 - Oct. 31

Apr. 15 - May 31 (22)

Unit 24(B)

RESIDENT HUNTERS:

2 bears every regulatory year

by registration permit; or

Aug. 10 - June 30

(Subsistence hunt only)2 bears every regulatory year

Aug. 10 - June 30NONRESIDENT HUNTERS:

1 bear every regulatory year

Aug. 10 - June 30Units 24(C) and 24(D)

RESIDENT HUNTERS:

2 bears every regulatory year by

registration permit only; or

Aug. 10 - June 30

(Subsistence hunt only)

2 bears every regulatory year

Aug. 10 - June 30NONRESIDENT HUNTERS:

1 bear every regulatory year

Aug. 10 - June 30 (23)

Units 24(A), 25(A) and 25(B)

1 bear every regulatory year

July 25 - June 30July 25 - June 30Unit 25(C)

1 bear every regulatory year

Sept. 1 - June 15

(General hunt only)Sept. 1 - June 15Unit 25(D)

RESIDENT HUNTERS:

2 bears every regulatory

year

July 1 - Nov. 30

Mar. 1 - June 30NONRESIDENT HUNTERS:

1 bear every regulatory year

Sept. 1 - Nov. 30

Mar. 1 - June 15 (24)

Unit 26(A)

2 bears every regulatory year

by registration permit

July 1 - June 30

(Subsistence hunt only)No open season.2 bears every regulatory year

July 1 - June 30July 1 - June 30Unit 26(B), that portion

within the Dalton Highway

Corridor Management Area

RESIDENT HUNTERS:

1 bear every regulatory

year by bow and arrow only;

Aug. 10 - June 15NONRESIDENT HUNTERS:

1 bear every regulatory

year by drawing permit

only; by bow and arrow

only; up to 20 permits

may be issued in combination

with the remainder of 26(B)

Aug. 10 - June 15Remainder of Unit 26(B)

RESIDENT HUNTERS:

1 bear every regulatory year

Aug. 10 - June 15NONRESIDENT HUNTERS:

1 bear every regulatory year

by drawing permit only; up to

20 permits may be issued

in combination with that por-

tion of Unit 26(B) within the

Dalton Highway Corridor Man-

agement Area

Aug. 10 - June 15Unit 26(C)

1 bear every regulatory year

July 25 - June 30July 25 - June 30

(b) Repealed 6/16/91.

History

Authority: AS 16.05.060; AS 16.05.258; AS 16.05.407 AS 16.05.255; AS 16.05.330
Eff. 8/20/89, Register 111; am 8/9/90, Register 115; am 12/27/90, Register 116; am 6/16/91, Register 118; am 9/18/91, Register 119; am 7/1/92, Register 122; add'l am 7/1/92, Register 122; am/readopt 5/13/93, Register 126; am 7/1/93, Register 126; am 7/1/94, Register 130; am 7/7/94, Register 131; am 8/25/94, Register 131; am 7/16/95, Register 135; am 8/4/95, Register 135; am 6/28/96, Register 138; am 7/1/96, Register 138; am 7/1/97, Register 142; am 7/26/97, Register 143; am 7/1/98, Register 146; add'l am 7/1/98, Register 146; am 7/1/99, Register 150; add'l am 7/1/99, Register 150; am 7/1/2000, Register 154; add'l am 7/1/2000, Register 154; am 7/1/2001, Register 158; add'l am 7/1/2001, Register 158; am 12/28/2001, Register 160; am 7/1/2002, Register 162; add'l am 7/1/2002, Register 162; am 5/1/2003, Register 166; am 7/1/2003, Register 166; add'l am 7/1/2003, Register 166; am 7/1/2004, Register 170; add'l am 7/1/2004, Register 170; am 7/1/2005, Register 174; add'l am 7/1/2005, Register 174; am 7/1/2006, Register 178; add'l am 7/1/2006, Register 178; am 7/1/2007, Register 182; am 7/1/2008, Register 186; add'l am 7/1/2008, Register 186; am 7/1/2009, Register 190; am 7/1/2010, Register 194; add'l am 7/1/2010, Register 194; em am 8/6/2010 - 12/3/2010, Register 195; am 2/4/2011, Register 197; am 7/1/2011, Register 198; am 7/1/2012, Register 202; 1st add'l am 7/1/2012, Register 202; 2nd add'l am 7/1/2012, Register 202; am 7/1/2013, Register 206; 1st add'l am 7/1/2013, Register 206; 2nd add'l am 7/1/2013, Register 206; am 7/1/2014, Register 210; am 7/1/2015, Register 214; add'l am 7/1/2015, Register 214; am 7/1/2016, Register 218; am 7/1/2017, Register 222; add'l am 7/1/2017, Register 222; am 7/1/2018, Register 226; am 7/1/2019, Register 230; add'l am 7/1/2019, Register 230; am 7/1/2020, Register 234; add'l am 7/1/2020, Register 234; am 8/20/2020, Register 235; am 8/26/2020, Register 235; am 6/23/2022, Register 242; add'l am 6/23/2022, Register 242; am 7/28/2023, Register 247; am 7/7/2024, Register 251; am 8/10/2024, Register 251; am 7/1/2025, Register 254

5 AAC 85.025 Hunting seasons and bag limits for caribou {#sec-5-aac-85.025 omnilex-key=us-ak-regs-official--title-5--5 AAC 85.025}

Units and Bag Limits

Resident

Open Season

(Subsistence and

General Hunts)

Nonresident

Open Season

(1)

Unit 7 north of the Sterling

Highway and west of the

Seward Highway

1 caribou by drawing permit

only; up to 500 permits may

be issued

Aug. 10 - Sept. 20

(General hunt only)Aug. 10 - Sept. 20Remainder of Unit 7

No open season.No open season. (2)

Unit 8

RESIDENT HUNTERS:

1 caribou by registration

permit only

Aug. 1 - Jan. 31NONRESIDENT HUNTERS:

1 bull by registration permit

only

Aug. 1 - Jan. 31 (3)

Unit 9(A) and that

portion of Unit 9(C)

within the Alagnak

River drainage

RESIDENT HUNTERS:

2 caribou by registration

permit

Aug. 1 - Mar. 15NONRESIDENT HUNTERS:

No open season.Unit 9(B)

RESIDENT HUNTERS:

2 caribou by registration

permit

Aug. 1 - Mar. 31NONRESIDENT HUNTERS:

No open season.Unit 9(C), that portion north

of the north bank of the

Naknek River and south of

the Alagnak River drainage

RESIDENT HUNTERS:

1 caribou by Tier II per-

mit only; provided that

the harvestable surplus,

in combination with the

Remainder of Unit 9(C)

and Unit 9(E), is 1,200

caribou or less, up to 1,500

permits may be issued; or

Aug. 10 - Oct. 20

(Subsistence hunt only)

Nov. 1 - Last day of Feb.

(Subsistence hunt only)2 caribou by

registration permit only

Aug. 1 - Mar. 31NONRESIDENT HUNTERS:

No open season.Remainder of Unit 9(C)

RESIDENT HUNTERS:

1 caribou by Tier II per-

mit only; provided that

the harvestable surplus,

in combination with

Unit 9(E), is 1,200 cari-

bou or less, up to 1,500

permits may be issued

Aug. 1 - Oct. 10

(Subsistence hunt only)

Nov. 1 - Last day of Feb.

(Subsistence hunt only)1 bull by registration

permit only; provided

that the harvestable

surplus, in combination

with Unit 9(E), is greater

than 1,200 caribou, but less

than 1,901 caribou

Aug. 10 - Sept. 20

Nov. 1 - Last day of

Feb.ALL HUNTERS:

1 bull; provided that

the harvestable surplus,

in combination with

Unit 9(E), is greater

than 1,900 caribou

Aug. 10 - Sept. 20

Nov. 15 - Last day of

Feb.Aug. 10 - Sept. 20

Nov. 15 - Last day of

Feb.Unit 9(E)

RESIDENT HUNTERS:

1 caribou by Tier II per-

mit only; provided that

the harvestable surplus,

in combination with Unit

9(C) is 1,200 caribou or

less, up to 1,500 permits

may be issued.

Aug. 10 - Oct. 10

(Subsistence hunt only)

Nov. 1 - Apr. 30

(Subsistence hunt only) 1 bull by registration per-

mit only; provided that

the harvestable surplus,

in combination with Unit

9(C), is greater than

1,200 caribou, but less

than 1,901 caribou

Aug. 10 - Sept. 20

Nov. 1 - Apr. 30ALL HUNTERS:

1 bull; provided that the

harvestable surplus, in

combination with Unit

9(C), is greater than

1,900 caribou

Aug. 10 - Sept. 10

Nov. 1 - Apr. 30Aug. 10 - Sept. 10

Nov. 1 - Apr. 30 (4)

Unit 9(D)

If the harvestable por-

tion is 99 caribou or

less:

RESIDENT HUNTERS:

1 caribou by Tier II

subsistence hunting

permit only;Aug. 1 - Sept. 30

(Subsistence hunt only)

Nov. 15 - Mar. 31

(Subsistence hunt only)

NONRESIDENT HUNTERS:

If the harvestable por-

tion is greater than 99,

but less than 151 caribou:

No open season.RESIDENT HUNTERS:

1 caribou by registration

permit only

Aug. 1 - Sept. 30

Nov. 15 - Mar. 31NONRESIDENT HUNTERS:

If the harvestable portion

is greater than 150, but

less than 251 caribou:

No open season.RESIDENT HUNTERS:

2 caribou

Aug. 1 - Oct. 21

Nov. 15 - Mar. 31NONRESIDENT HUNTERS:

2 bulls

If the harvestable por-

tion is greater than 250,

but less than 451 caribou:

Aug. 1 - Oct. 21RESIDENT HUNTERS:

3 caribou

Aug. 1 - Oct. 21

Nov. 15 - Mar. 31NONRESIDENT HUNTERS:

2 bulls

If the harvestable por-

tion is greater than 450,

but less than 551 caribou:

Aug. 1 - Oct. 21RESIDENT HUNTERS:

4 caribou

Aug. 1 - Oct. 21

Nov. 15 - Mar. 31NONRESIDENT HUNTERS:

2 bulls

If the harvestable por-

tion is greater than 550

Aug. 1 - Oct. 21RESIDENT HUNTERS:

5 caribou

Aug. 1 - Oct. 21

Nov. 15 - Mar. 31NONRESIDENT HUNTERS:

2 bulls

Aug. 1 - Oct. 21 (5)

Unit 10, Unimak Island only

If the harvestable por-

tion is 24 caribou or less:

RESIDENT HUNTERS:

No open season.NONRESIDENT HUNTERS:

If the harvestable por-

tion is 25 or greater, but

less than 100 caribou:

No open season.RESIDENT HUNTERS:

1 bull by registration permit

only

Aug. 1 - Sept. 30

Nov. 15 - Mar. 31NONRESIDENT HUNTERS:

1 bull by registration permit

only

If the harvestable portion

is 100 or greater, but

less than 200 caribou:

Aug. 1 - Sept. 30

Nov. 15 - Dec. 31RESIDENT HUNTERS:

3 caribou

Aug. 1 - Sept. 30

Nov. 15 - Mar. 31

NONRESIDENT HUNTERS:

3 caribou

If the harvestable por-

tion is greater than 200:

Aug. 1 - Sept. 30

Nov. 15 - Dec. 31RESIDENT HUNTERS:

4 caribou

Aug. 1 - Sept. 30

Nov. 15 - Mar. 31

NONRESIDENT HUNTERS:

4 caribou

Aug. 1 - Sept. 30

Nov. 15 - Dec. 31

Unit 10, Adak Island

only No limit; however,

no more than 2 bulls may

be taken from Aug. 10 -

Dec. 31, and bulls may not

be taken from Jan. 1 -

Aug. 9

No open season.

(General hunt only)No open season.Unit 10, Umnak Island

only

No open season.No open season.Remainder of Unit 10No open season.

(General hunt only)

No open season.No limit

(6)

Unit 11 and that por-

tion of 12 west of the

Nabesna River within

the drainages of Jack

Creek, Platinum Creek,

and Totschunda Creek

No open season.No open season. (7)

Unit 12, that portion

within the White River

drainage and that por-

tion within the Chisana

River drainage upstream

from the winter trail that

runs southeast from Pick-

erel Lake to the Canadian

border

Sept. 1 - Sept. 30

(General hunt only)Sept. 1 - Sept. 301 bull by drawing

permit only;

Unit 12, that portion

west of the Glenn High-

way (Tok Cutoff) and

south of the Alaska High-

way within the Tok River

excluding the Tok drainage

Sept. 1 - Sept. 20No open season.1 bull

Unit 12, that portion

west of the Glenn High-

way (Tok cutoff) and

south of the Alaska High-

way, River drainage

1 bull by registration

permit only; up to 100

bulls may be taken in

combination with Unit

20(D), in that portion

south of the Tanana

River

Aug. 10 - Sept. 30No open season.Remainder of Unit 12

1 caribou may be

taken by registration

permit only during a

winter season to be

announced by emer-

gency order

(Winter season to be

announced)No open season. (8)

Unit 13

1 caribou by Tier II

permit only; up to

1,000 permits may be issued; orAug. 10 - Sept. 20

(Subsistence hunt only)

Oct. 21 - Mar. 31

(Subsistence hunt only)

No open season.up to 2 caribou per har-

vest report per regulatory

year by community har-

vest permit only; up to

400 caribou may be

taken; or

Aug. 10 - Sept. 20

(Subsistence hunt only)

Oct. 21 - March 31

(Subsistence hunt only)No open season.up to 2 caribou every

regulatory year by

Tier I subsistence per-

mit only; or

Aug. 10 - Aug. 31

(Subsistence hunt only)

Oct. 21 - March 31

(Subsistence hunt only)

No open season.up to 2 caribou every

regulatory year by Tier

I subsistence permit only;

orSept. 1 - Sept. 20

(Subsistence hunt only)

Oct. 21 - March 31

(Subsistence hunt only)

No open season.1 caribou every regu-

latory year by youth

hunt drawing permit; up

to 200 permits may be

issued; or

Aug. 1 - Aug. 5No open season.1 caribou every regula-

tory year by drawing

permit; up to 5,000 per-

mits may be issued; 1

bull every regulatory

year by drawing permit;

up to 200 permits may

be issued when the herd

is at or above population

objectives;

Aug. 20 - Sept. 20

Oct. 21 - March 31No open season.

Aug. 20 - Sept. 20Units 14(A) and 14(B)

Aug. 20 - Sept. 20Aug. 20 - Sept. 201 caribou by drawing permit

only;(Winter Season to be

announced)

(General hunt only)

(Winter Season to be

announced) (9)

Unit 15(A), that portion

within the Kenai Nation-

al Wildlife Refuge

Sept. 1 - Sept. 20

(General hunt only)Sept. 1 - Sept. 201 bull by drawing permit

only; up to 5 permits may

be issued

Unit 15(B), that portion

south and west of Killey

River, within the Kenai

National Wildlife Refuge

3 caribou by drawing per-

mit only; however, only

one bull may be taken; up

to 150 permits may be

issued; or

Aug. 10 - Sept. 20

(General hunt only)Aug. 10 - Sept. 203 cow caribou by registra-

tion permit only;

Aug. 10 - Sept. 20

(General hunt only)Aug. 10 - Sept. 20Unit 15(C), that

portion north of

Fox River and east of

Windy Lake

Aug. 10 - Sept. 20

(General hunt only)Aug. 10 - Sept. 201 caribou by drawing per-

mit only; up to 30 permits

may be issued

(10)

Units 14(A) and 14(C),

and remainder of 15

No open season.No open season. (11)

Unit 16(A)

1 bull

Aug. 10 - Sept. 20Aug. 10 - Sept. 20Unit 16(B)

1 bull

Aug. 10 - Sept. 30Aug. 10 - Sept. 30 (12)

Unit 17(A), all drainages

that terminate east of Right

Hand Point

RESIDENT HUNTERS:

2 caribou may be taken

during the season to be an-

nounced by emergency or-

der by registration permit

only

(Season to be an-

nounced)NONRESIDENT HUNTERS:

No open season.Remainder of Unit 17(A)

RESIDENT HUNTERS:

2 caribou by registration

permit only

Aug. 1 - Mar. 31NONRESIDENT HUNTERS:

No open season.Unit 17(B), that portion in

the Unit 17(B) Nonresident

Closed Area

RESIDENT HUNTERS:

2 caribou by registration

permit only

Aug. 1 - Mar. 31NONRESIDENT HUNTERS:

No open season.Remainder of Unit 17(B),

and that portion of Unit

17(C) east of the east

banks of the Wood River,

Lake Aleknagik, Agulowak

River, Lake Nerka, and the

Agulukpak River

RESIDENT HUNTERS:

2 caribou by registration

permit only

Aug. 1 - Mar. 31NONRESIDENT HUNTERS:

No open season.Remainder of Unit 17(C)

RESIDENT HUNTERS:(Season to be an-

nounced)

2 caribou may be taken

during the season to be

announced by emergency

order by registration permit

only

NONRESIDENT HUNTERS:

No open season. (13)

(A) before July 1, 2027, the bunting seasons and bag limits for caribou in Unit 18 are as follows:

Unit 18

RESIDENT HUNTERS:

No open season.NONRESIDENT HUNTERS:

No open season.(B) after June 30, 2027, the hunting seasons and bag limits for caribou in Unit 18 are as follows:

Unit 18

RESIDENT HUNTERS:

2 caribou by registration

permit only

Aug. 1 - Mar. 15NONRESIDENT HUNTERS:

No open season. (14)

Unit 19(E), that portion

within the Lime Village

Management Area

RESIDENT HUNTERS:

2 caribou by registration

permit only

Aug. 1 - Mar. 15NONRESIDENT HUNTERS:

No open season.Units 19(A), 19(B), and

19(E) within the Nonresi-

dent Closed Area

RESIDENT HUNTERS:

2 caribou by registration

permit only

Aug. 1 - Mar. 15NONRESIDENT HUNTERS:

No open season.Remainder of Units 19(A),

19(B), and 19(E)

RESIDENT HUNTERS:

2 caribou by registration

permit only

Aug. 1 - Mar. 15NONRESIDENT HUNTERS:

No open season.Unit 19(C)

1 bull

Aug. 10 - Sept. 20Aug. 10 - Sept. 20Unit 19(D), except the

drainages of the Nixon

Fork River

1 bull; or

Aug. 10 - Sept. 20Aug. 10 - Sept. 201 antlerless caribou by

registration permit only;

Nov. 1 - Last day of

Feb.No open season.5 caribou may be taken

during the winter season

to be announced; however,

the commissioner may close

the season and immediately

reopen, by emergency order,

a season during which the

bag limit is less than 5

caribou

(Season to

be announced)No open season.Remainder of Unit 19(D)

Aug. 10 - Sept. 20Aug. 10 - Sept. 201 bull; or

1 antlerless caribou by

registration permit only;

Nov. 1 - Last day of

Feb.No open season. (15)

Unit 20(A)

Aug. 10 - Sept. 20Aug. 10 - Sept. 201 bull by drawing permit

only; up to 200 permits may

be issued

Units 20(B) and 20(F),

those portions south of

the Yukon River, and north

and east of a line formed

by the Richardson Highway

from the Unit 20(D) boundary

to its intersection with the

Steese Highway, north

along the Steese Highway

to its intersection with the

Elliot Highway, then north-

west along the Elliot High-

way to its intersection with

the Dalton Highway, then

north along the Dalton High-

way to the Yukon River, and

Unit 20(D) that portion north

of the south bank of the

Tanana River

RESIDENT HUNTERS:

1 caribou, per lifetime

of a hunter, by youth

hunt drawing permit; up

to 30 total permits may

be issued; or

Aug. 1 - Aug. 21Up to 3 caribou by registra-

tion permit only; or

Aug. 1 - Sept. 30

Oct. 21 - Mar. 311 caribou by targeted

permit only, during

a season that may be

announced by emer-

gency order within a

portion of the area dur-

ing Dec. 1 - Mar. 31

(Season to be announced

by emergency order) NONRESIDENT HUNTERS:

1 caribou, per lifetime

of a hunter, by youth

hunt drawing permit

only; up to 30 total per-

mits may be issued; or

Aug. 1 - Aug. 211 bull by registration

permit only

Aug. 10 - Sept. 30Remainder of Unit 20(B)Aug. 10 - Sept. 30

(General hunt only)

Aug. 10 - Sept. 301 bull

Unit 20(C)

No open season.No open season.Unit 20(D), that portion

south of the Tanana

River

RESIDENT HUNTERS:

1 bull by registration

permit only; up to 100

bulls may be taken in com-

bination with Unit 12 in

that portion west of the

Glenn Highway (Tok

Cutoff) and south of

the Alaska Highway,

excluding the Tok River

drainage

Aug. 10 - Sept. 30NONRESIDENT HUNTERS:

No open season.Unit 20(E)

RESIDENT HUNTERS:

1 caribou, per lifetime

of a hunter, by youth

hunt drawing permit

only; up to 30 total per-

mits may be issued; or

Aug. 1 - Aug. 21Up to 3 caribou by registra-

tion permit only; or

Aug. 1 - Sept. 30

Oct. 21 - Mar. 311 caribou by registra-

tion permit only, during

a season for up to

three days that may be

announced by emergency

order within a portion of

the area during the period

Oct. 20 - Nov. 30; or

(Season to be announced

by emergency order)1 caribou by targeted

permit only, during

a season that may be

announced by emer-

gency order within a

portion of the area

during Dec. 1 - Mar.

(Season to be announced

by emergency order)NONRESIDENT HUNTERS:

1 caribou, per lifetime

of a hunter, by youth

hunt drawing permit

only; up to 30 total per-

mits may be issued; or

Aug. 1 - Aug. 211 bull by registration

permit only

Aug. 10 - Sept. 30Unit 20(F) south of the

Yukon River and west of the

Dalton Highway

Aug. 10 - Sept. 20

(General hunt only)Aug. 10 - Sept. 201 bull

Unit 20(F), north of the

Yukon River

RESIDENT HUNTERS:

1 caribou

Aug. 10 - Mar. 31

(General hunt only)NONRESIDENT HUNTERS:

1 caribou

Aug. 10 - Sept. 30 (16)

Unit 21(A)

1 bull; or

1 anterless caribou by

registration permit only

Aug. 10 - Sept. 20

Nov. 1 - Last day of

Feb.Aug. 10 - Sept. 20

No open seasonUnit 21(B), that portion

within the Nowitna River

Drainage upstream from

the Little Mud River

drainage

1 caribou; or

1 anterless caribou by

registration permit only

Aug. 10 - Sept. 30

Nov. 1 - Last day of

Feb.Aug. 10 - Sept. 30

No open seasonUnit 21(B), that portion

north of the Yukon River

and downstream from

Ukawutni Creek

No open season.No open season.Remainder of Unit 21(B)

1 caribou

Aug. 10 - Sept. 30Aug. 10 - Sept. 30Unit 21(C), that portion

within the Dulbi River

drainage and that por-

tion within the Melozitna

River drainage down-

stream from Big Creek

No open season.No open season.Remainder of Unit 21(C)

1 caribou

Aug. 10 - Sept. 30Aug. 10 - Sept. 30Unit 21(D), that portion

north of the Yukon River

and east of the Koyukuk

River

(Winter season to

be announced)No open season.2 caribou;

Remainder of Unit 21(D)

RESIDENT HUNTERS:

5 caribou per day; as

follows:

up to 5 bulls per day; how-

ever, calves may not be

taken;

July 1 - Oct. 14

Feb. 1 - June 30up to 5 cows per day;

however, calves may

not be taken;

Sept. 1 - Mar. 31NONRESIDENT HUNTERS:

1 bull; however, calves may

not be taken

Aug. 1 - Sept. 30Unit 21(E)

Aug. 10 - Sept. 30Aug. 10 - Sept. 301 caribou; however, 2

additional caribou may

be taken during a winter

season to be announced

(Winter season to

be announced) (17)

Unit 22(A), that portion

north of the Golsovia River

drainage

RESIDENT HUNTERS:

15 caribou total, by regi-

stration permit only, only

one of which may be a

cow; cow caribou may

not be taken Apr.1 - June 30

July 1 - June 30NONRESIDENT HUNTERS:

1 bull

Aug. 1 - Sept. 30Unit 22(B), that portion

west of Golovnin Bay, and

west of a line along the

west bank of the Fish and

Niukluk Rivers to the mouth

of the Libby River, and ex-

cluding all portions of the

Niukluk River drainage

upstream from and includ-

ing the Libby River drainage

RESIDENT HUNTERS:

15 caribou total, by

registration permit only,

only one of which may

be a cow; cow caribou

may not be taken

Apr. 1 - Apr. 30

Oct. 1 - Apr. 30up to 5 caribou per day

during the period May 1 -

Sept. 30, a season

may be announced by emer-

gency order; cow

caribou may not be taken

April 1 - Aug 31

(Season to be announced

by emergency order)NONRESIDENT HUNTERS:

1 bull; during the period Aug.

1 - Sept. 30, a season may be

announced by emergency order

(Season to be an-

nounced by emergency

order)Remainder of Unit 22(B)

RESIDENT HUNTERS:

15 caribou total, by reg-

istration permit only, only

one of which may be a

cow; cow caribou may

not be taken

Apr. 1 - June 30

July 1 - June 30NONRESIDENT HUNTERS:

1 bull;

Aug. 1 - Sept. 30Unit 22(D), that portion in

the Pilgrim River drainage

RESIDENT HUNTERS:

15 caribou total, by reg-

istration permit only, only

one of which may be a

cow; cow caribou may

not be taken

Apr. 1 - Apr. 30

Oct. 1 - Apr. 30up to 5 caribou per day;

during the period

(Season to be announced by

emergency order)May 1 - Sept. 30, a season

may be announced by emer-

gency order; cow caribou

may not be taken

April 1 - Aug. 31

NONRESIDENT HUNTERS:

1 bull; during the period

Aug. 1 - Sept. 30, a sea-

son may be announced by

emergency order

(Season to be an-

nounced by emergency

order)Unit 22(D), that portion in

the Kuzitrin River drainage

(excluding the Pilgrim River

drainage) and the Agiapuk

River drainage, including

the tributaries

RESIDENT HUNTERS:

15 caribou total, by reg-

istration permit only, only

one of which may be a

cow; cow caribou

may not be taken

Apr. 1 - June 30

July 1 - June 30NONRESIDENT HUNTERS:

1 bull

Aug. 1 - Sept. 30Unit 22(E), that portion east

of and including the

Sanaguich River drainage

RESIDENT HUNTERS:

15 caribou total, by reg-

istration permit only, only

one of which may be a

cow; cow caribou may

not be taken

Apr. 1 - June 30

July 1 - June 30NONRESIDENT HUNTERS:

1 bull

Aug. 1 - Sept. 30Remainder of Unit 22

RESIDENT HUNTERS:

5 caribou per day; by reg-

istration permit only; cow

caribou may not be taken

Apr. 1 - Aug. 31; bull cari-

bou may not be taken Oct.

15 - Jan. 31

(Season to be announced

by emergency order)NONRESIDENT HUNTERS:

1 bull; during the period Aug.

1 - Sept. 30

(Season to be an-

nounced by emergency

order) (18)

(A) before July 1, 2025, the hunting seasons and bag limits for caribou in Unit 23 are as follows:

Unit 23, that portion north

of and including the

Singoalik River drainage

RESIDENT HUNTERS:

15 caribou total, by reg-

istration permit only,

only one of which may

be a cow;

July 1 - June 30NONRESIDENT HUNTERS:

1 bull

Aug. 1 - Sept. 30Remainder of Unit 23

RESIDENT HUNTERS:

15 caribou total, by

registration permit only,

only one of which may

be a cow; cow

caribou may not be taken

July 1 - Aug. 31 or

Apr. 1 - June 30

July 1 - June 30NONRESIDENT HUNTERS:

1 bull

Aug. 1 - Sept. 30 (B) on or after July 1, 2025, the hunting seasons and bag limits for caribou in Unit 23 are as follows:

Unit 23, that portion north

of and including the

Singoalik River drainage

RESIDENT HUNTERS:

15 caribou total, by

registration permit only,

only one of which may be

a cow;

July 1 - June 30NONRESIDENT HUNTERS:

1 bull, by drawing permit only,

up to 300 permits may be

issued in combination with

the remainder of Unit 23

Aug. 1 - Sept. 30Remainder of Unit 23

RESIDENT HUNTERS:

15 caribou total, by

registration permit only,

only one of which may be a

cow; cow caribou may not

be taken July 1 - Aug. 31

or Apr. 1 - June 30

July 1 - June 30NONRESIDENT HUNTERS:

1 bull, by drawing permit only,

up to 300 permits may be issued

in combination with that portion

of Unit 23 north of and

including the Singoalik

River drainage

Aug. 1 - Sept. 30 (19)

Unit 24(A), that portion

south of the south bank

of the Kanuti River, and

that portion of Unit 25(D)

drained by the west fork

of the Dall River west

of 150° W. long.

1 caribou

Aug. 10 - Mar. 31Aug. 10 - Sept. 30Remainder of Unit 24(A)

RESIDENT HUNTERS:

10 caribou

July 1 - Apr. 30NONRESIDENT HUNTERS:

2 bulls

Aug. 1 - Sept. 30Unit 24(B), that portion

south of the south bank

of the Kanuti River,

upstream from and includ-

ing that portion of the

Kanuti-Kilolitna River

drainage, bounded by

the southeast bank of

the Kodosin-Nolitna Creek,

then downstream along the

east bank of the Kanuti-

Kilolitna River to its con-

fluence with the Kanuti

River

1 caribou

Aug. 10 - Mar. 31Aug. 10 - Sept. 30Remainder of 24(B)

RESIDENT HUNTERS:

5 caribou per day, as

follows: up to 5 bulls per

day; however calves may

not be taken

July 1 - Oct. 14

Feb. 1 - June 30up to 5 cows per day; how-

ever calves may not be taken

July 15 - Apr. 30NONRESIDENT HUNTERS:

1 bull; however calves

may not be taken

Aug. 1- Sept. 30Units 24(C) and 24(D)

RESIDENT HUNTERS:

5 caribou per day, as follows:

up to 5 bulls per day; how-

ever, calves may not be

taken;

July 1 - Oct. 14

Feb. 1 - June 30up to 5 cows per day; how-

ever calves may not be

taken;

Sept. 1 - Mar. 31NONRESIDENT HUNTERS:

1 bull; however, calves may

not be taken

Aug. 1 - Sept. 30 (20)

Units 25(A), Unit 25(B),

and Unit 25(D), excluding

the drainage of the west

fork of the Dall River west

of 150° W. long.

RESIDENT HUNTERS:

10 caribou

July 1 - Apr. 30NONRESIDENT HUNTERS:

2 bulls

Aug. 1 - Sept. 30Unit 25(C)

RESIDENT HUNTERS:

1 caribou, per lifetime

of a hunter, by youth

hunt drawing permit

only; up to 30 total per-

mits may be issued; or

Aug. 1 - Aug. 21Up to 3 caribou by reg-

istration permit only; or

Aug. 1 - Sept. 30

Oct. 21 - Mar. 311 caribou by targeted

permit only, during

a season that may

be announced by emer-

gency order within a

portion of the area dur-

ing Dec. 1 - Mar. 31

(Season to be an-

nounced by emergency

order)NONRESIDENT HUNTERS:

1 caribou, per lifetime

of a hunter, by youth

hunt drawing permit only;

up to 30 total permits may

be issued; or

Aug. 1 - Aug. 211 bull by registration

permit only

Aug. 10 - Sept. 30 (21)

Unit 26(A), that portion

within the Colville River

drainage upstream from

the Nuka River and

drainages of the Chukchi

Sea south and west of and

including the Kuk and

Kugrua River drainages

RESIDENT HUNTERS:

15 caribou total, by

registration permit only, only

one of which may be a cow;

July 1 - June 30NONRESIDENT HUNTERS:

1 bull

July 15 - Sept. 30Unit 26(A), that portion

within the Colville River

drainage upstream from the

Anaktuyuk River to the

Nuka River

RESIDENT HUNTERS:

5 caribou per day, by

registration permit only,

as follows:

up to 5 bulls per day

July 1 - Oct.14

Feb. 1 - June 30

up to 5 cows per day

July 15 - Apr. 30

NONRESIDENT HUNTERS:

1 bull

July 15 - Sept. 30Remainder of Unit 26(A)

RESIDENT HUNTERS:

5 bulls per day, by

registration permit only

July 1 - July 155 caribou per day, by

registration permit only;

no more than

3 cows per day; cows

accompanied by calves

may not be taken;

July 16 - Oct. 153 cows per day, by

registration permit only

Oct. 16 - Dec. 315 caribou per day, by

registration permit only;

no more than

3 cows per day;

Jan. 1 - Mar. 155 bulls per day, by

registration permit only

Mar. 16 - June 30NONRESIDENT HUNTERS:

1 bull

July 15 - Sept. 30Unit 26(B), that portion north

of 69° 30´ N. lat. and west of

the east bank of the Kuparuk

River to a point at 70° 10´ N.

lat., 149° 04´ W. long., then

west approximately 22 miles

to 70° 10´ N. lat. and 149°

56´ W. long., then following

the east bank of the Kalubik

River to the Arctic Ocean

RESIDENT HUNTERS:

5 caribou per day; however,

cow caribou may not be

taken May 16 - June 30

July 1 - June 30NONRESIDENT HUNTERS:

1 bull

Aug. 1 - Sept. 15Remainder of Unit 26(B)

RESIDENT HUNTERS:

5 caribou

July 1 - Apr. 30NONRESIDENT HUNTERS:

2 bulls

Aug. 1 - Sept. 15 (22)

Unit 26(C)

RESIDENT HUNTERS:

10 caribou; however,

only bull caribou may

be taken June 23 -

June 30

July 1 - Apr. 30

June 23 - June 30 NONRESIDENT HUNTERS:

2 bulls

Aug. 1 - Sept. 30

(b) Repealed 6/16/91.

History

Authority: AS 16.05.060; AS 16.05.258 AS 16.05.255; AS 16.05.330
Eff. 8/20/89, Register 111; am 8/9/90, Register 115; am 8/10/90, Register 115; am 12/27/90, Register 116; em am 12/17/90 - 4/15/91, Register 117; am 6/16/91, Register 118; am 8/10/91, Register 119; am 2/29/92, Register 121; em am 4/14/92 - 8/11/92, Register 122; am 7/1/92, Register 122; am 4/1/93, Register 125; em am 3/15/93 - 7/22/93, Register 126; am/readopt 5/13/93, Register 126; am 7/1/93, Register 126; am 8/25/94, Register 131; em am 10/28/94 - 2/24/95, Register 132; em am 11/8/94 - 3/7/95, Register 132; em am 12/14/94 - 4/12/95, Register 133; am 7/16/95, Register 135; am 8/4/95, Register 135; am 10/27/95, Register 136; am 6/28/96, Register 138; am 10/30/96, Register 140; em am 11/12/96 - 3/11/97, Register 140; em am 11/22/96 - 3/21/97, Register 140; am 7/26/97, Register 143; am 7/1/98, Register 146; am 8/20/98, Register 147; am 7/1/99, Register 150; em am 9/24/99 - 1/21/2000, Register 152; am 7/1/2000, Register 154; add'l am 7/1/2000, Register 154; am 1/1/2001, Register 156; am 3/17/2001, Register 157; am 7/1/2001, Register 158; em am 3/19/2002 - 3/29/2002, Register 162; am 7/1/2002, Register 162; add'l am 7/1/2002, Register 162; em am 7/24/2002 - 8/2/2002, Register 163; am 7/1/2003, Register 166; am 7/1/2004, Register 170; add'l am 7/1/2004, Register 170; am 7/1/2005, Register 174; am 7/1/2006, Register 178; add'l am 7/1/2006, Register 178; am 7/1/2007, Register 182; am 7/1/2008, Register 186; add'l am 7/1/2008, Register 186; am 7/1/2009, Register 190; am 7/1/2010, Register 194; add'l am 7/1/2010, Register 194; am 8/2/2010, Register 195; am 7/1/2011, Register 198; am 7/1/2012, Register 202; am 7/1/2013, Register 206; 1st add'l am 7/1/2013, Register 206; 2nd add'l am 7/1/2013, Register 206; am 7/1/2014, Register 210; add'l am 7/1/2014, Register 210; am 7/1/2015, Register 214; add'l am 7/1/2015, Register 214; am 7/1/2016, Register 218; em am 2/24/2017 - 6/23/2017, Register 221; am 7/1/2017, Register 222; 1st add'l am 7/1/2017, Register 222; 2nd add'l am 7/1/2017, Register 222; am 7/1/2018, Register 226; am 7/1/2019, Register 230; am 7/1/2020, Register 234; add'l am 7/1/2020, Register 234; am 6/23/2022, Register 242; add'l am 6/23/2022, Register 242; am 7/28/2023, Register 247; am 7/7/2024, Register 251; am 8/10/2024, Register 251; am 7/1/2025, Register 254

5 AAC 85.030 Hunting seasons and bag limits for deer {#sec-5-aac-85.030 omnilex-key=us-ak-regs-official--title-5--5 AAC 85.030}

Units and Bag Limits

Resident

Open Season

(Subsistence and

General Hunts)

Nonresident

Open Season

(1)

Unit 1(A), that portion

on the Cleveland Penin-

sula bounded by an east-

west line from Yes Bay

to Santa Anna Inlet

Aug. 1 - Nov. 30Aug. 1 - Nov. 302 bucks

Remainder of Unit 1(A)

4 bucks

Aug. 1 - Dec. 31Aug. 1 - Dec. 31Unit 1(B)

2 bucks

Aug. 1 - Dec. 31Aug. 1 - Dec. 31Unit 1(C), that portion

including Lincoln, Shel-

ter, and Sullivan Islands

Aug. 1 - Dec. 31Aug. 1 - Dec. 314 deer; however, only

bucks may be taken

before Sept. 15

Unit 1(C), Douglas Is-

land 4 deer total, only

one of which may be a

doe, and only bucks may

be taken before Sept. 15

Aug. 1 - Dec. 31Aug. 1 - Dec. 31Remainder of Unit 1(C)

Aug. 1 - Dec. 31Aug. 1 - Dec. 312 bucks

Unit 1(D)

No open season.No open season.Unit 2

Aug. 1 - Dec. 31Aug. 1 - Dec. 314 bucks

(2)

Unit 3, that portion of Mit-

kof Island within the Peter-

sburg Management Area

Aug. 1 - Dec. 15Aug. 1 - Dec. 152 bucks

Unit 3, including the remain-

der of Mitkof Island, Woe-

wodski, and Butterworth

Islands

Oct. 1 - Nov. 7Oct. 15 - Oct. 311 buck

Unit 3, that portion of

Kupreanof Island on the

Lindenberg Peninsula

east of the Portage Bay

Duncan Canal Portage

Oct. 1 - Nov. 7No open season.1 buck

Remainder of Unit 3

Aug. 1 - Nov. 30Aug. 1 - Nov. 302 bucks

(3)

Unit 4, that portion of

Chichagof Island east

of Port Frederick and

north of Tenakee Inlet,

including all drainages

into Tenakee Inlet

RESIDENT HUNTERS:

3 deer; however, only

bucks may be taken

before Sept. 15

Aug. 1 - Dec. 31NONRESIDENT HUNTERS:

2 bucks

Aug. 1 - Dec. 31Remainder of Unit 4

RESIDENT HUNTERS:

6 deer; however, only

bucks may be taken be-

fore Sept. 15

Aug. 1 - Dec. 31NONRESIDENT HUNTERS:

2 bucks

Aug. 1 - Dec. 31 (4)

Unit 5(A), Yakutat

Youth Hunt Manage-

ment Area

1 buck; or

Oct. 15 - Oct. 31Oct. 15 - Oct. 311 buck

Nov. 1 - Nov. 30Nov. 1 - Nov. 30Remainder of Unit (5)(A)

1 buck

Nov. 1 - Nov. 30Nov. 1 - Nov. 30Unit 5(B)

No open season.No open season. (5)

Unit 6

RESIDENT HUNTERS:

5 deer; however, only

bucks may be taken

before Oct. 1

Aug. 1 - Dec. 31

(General hunt only)NONRESIDENT HUNTERS:

4 deer; however, only

bucks may be taken be-

fore Oct. 1

Aug. 1 - Dec. 31 (6)

Unit 8, that portion of

Kodiak Island north of a

line from the head of Set-

tlers Cove to Crescent

Lake (57° 52' N. lat., 152°

58' W. long.), and east of

a line from the outlet of

Crescent Lake to Mount

Ellison Peak and from

Mount Ellison Peak to Po-

kati Point at Whale Pass-

age, and that portion of Ko-

diak Island east of a line

from the mouth of Saltery

Creek to the mouth of El-

bow Creek, and adjacent

small islands in Chiniak Bay

1 buck; or

Aug. 1 - Oct. 31Aug. 1 - Oct. 311 deer, by bow and

arrow or muzzleloader

only

Nov. 1 - Nov. 14

Nov. 16 - Dec. 31Nov. 1 - Nov. 14

Nov. 16 - Dec. 31Remainder of Unit 8

RESIDENT HUNTERS:

3 deer; however, only

bucks may be taken be-

fore Oct. 1

Aug. 1 - Dec. 31NONRESIDENT HUNTERS:

1 buckAug. 1 - Dec. 31

(b) Repealed 6/16/91.

History

Authority: AS 16.05.255; AS 16.05.258
Eff. 8/20/89, Register 111; am 8/9/90, Register 115; am 12/27/90, Register 116; am 6/16/91, Register 118; am 8/10/91, Register 119; am 8/7/92, Register 123; am/readopt 5/13/93, Register 126; am 7/1/93, Register 126; am 8/25/94, Register 131; am 7/9/95, Register 135; am 8/4/95, Register 135; am 7/1/97, Register 142; am 7/26/97, Register 143; am 7/1/99, Register 150; em am 12/3/99 - 3/31/2000, Register 154; am 7/1/2001, Register 158; add'l am 7/1/2001, Register 158; am 7/1/2003, Register 166; add'l am 7/1/2003, Register 166; am 7/1/2007, Register 182; am 7/1/2009, Register 190; am 7/1/2011, Register 198; am 7/1/2013, Register 206; add'l am 7/1/2013, Register 206; am 7/1/2019, Register 230; am 7/1/2023, Register 246; am 7/28/2023, Register 247

5 AAC 85.035 Hunting seasons and bag limits for elk {#sec-5-aac-85.035 omnilex-key=us-ak-regs-official--title-5--5 AAC 85.035}

Units and Bag Limits

Resident

Open Season

(Subsistence and

General Hunts)

Nonresident

Open Season

(1)

Unit 3, that portion bounded

by a line beginning at the

intersection of Stikine Strait

and Clarence Strait, running

southeast following the

midline of Clarence Strait,

down to its intersection

with Ernest Sound,

then northeast following

the midline of Ernest

Sound, excluding Niblack

Islands, to its intersection

with Zimovia Strait, then

northwest following the

western shoreline of

Zimovia Strait to its

intersection with Chichagof

Passage, then west along

the midline of Chichagof

Passage to its intersection

with Stikine Strait, then

awest and south long the

midline of Stikine Strait,

back to the point of be-

ginning

1 bull by drawing permit

only, and by bow and arrow

only; upto 50 permits will

be issued; or

Sept. 1 - Sept. 30

(General hunt only)Sept. 1 - Sept. 301 bull by drawing permit

only; up to 250 permits will

be issued; or

Oct. 1 - Oct. 31

(General hunt only)Oct. 1 - Oct. 311 bull by registration

permit only

Nov. 15 - Nov. 30

(General hunt only)Nov. 15 - Nov. 30Unit 3, Zarembo Island

1 bull by drawing permit only;

up to 25 permits will be issued

Oct. 1- Oct. 31Oct. 1- Oct. 31Unit 3, Bushy and

and Shrubby Islands, and

the Kashevarof Islands

No open season.No open season.Units 1, 2, and the

remainder of Unit 3

No open season.No open season.(2)Unit 8, Raspberry Island

RESIDENT HUNTERS:

1 bull elk by drawing

permit only; up to 100

permits will be issued in

combination with the

nonresident hunt

Oct. 1 - Oct. 22

(General hunt only)1 antlerless elk by

registration permit only;

Oct. 23 - Nov. 30

(General hunt only)NONRESIDENT HUNTERS:

1 bull elk by drawing

permit only; up to 100

permits will be issued in

combination with the

resident hunt

Oct. 1 - Oct. 221 antlerless elk by drawing

permit only; up to 200

permits will be issued

Oct. 23 - Nov. 30Unit 8, Southwest Afognak,

that portion of Afognak Island

and adjacent islands south and

west of a line from the head of

Back Bay (58° 05.3'8 N. lat.,

152° 45.7' W. long.) to Hatch-

ery Peak (58° 07.2' N. lat.,

152° 47.5' W. long.), to the

head of Malina Bay (58° 09.3'

N. lat., 152° 51.0' W. long.)

1 elk by drawing permit

only; up to 500

permits will be issued

Sept. 25 - Oct. 22

(General hunt only)Sept. 25 - Oct. 221 elk by registration permit

only

Oct. 23 - Nov. 30

(General hunt only)Oct. 23 - Nov. 30Unit 8, Eastern Afognak, that

portion of Afognak Island east

of the main north-south log-

ging road (1100 road) from the

Danger Bay logging camp at

58° 08.20' N. lat., 152° 32.98 W.

long., north to its terminus at

Discoverer Bay at 58° 19.60' N.

lat., 152° 21.80' W. long., and

adjacent islands west of Mar-

mot Strait

1 elk by drawing permit

only; up to 500

permits may be issued; or

Sept. 25 - Oct. 22

(General hunt only)Sept. 25 - Oct. 221 elk by registration permit

only; or

Sept. 25 - Oct. 22

(General hunt only)No open season.1 elk by registration

permit only

Oct. 23 - Nov. 30

(General hunt only)Oct. 23 - Nov. 30Remainder of Unit 8

1 elk by drawing permit

only; up to 500

permits may be issued; or

Sept. 25 - Oct. 22

(General hunt only)Sept. 25 - Oct. 221 elk by registration permit

only; or

Sept. 25 - Oct. 22

(General hunt only)No open season.1 elk by registration permit

only

Oct. 23 - Nov. 30

(General hunt only)Oct. 23 - Nov. 30

(b) Repealed 6/16/91.

History

Authority: AS 16.05.255; AS 16.05.258
Eff. 8/20/89, Register 111; am 8/9/90, Register 115; am 12/27/90, Register 116; am 6/16/91, Register 118; am 7/1/93, Register 126; am 7/9/95, Register 135; am 7/1/97, Register 142; am 7/26/97, Register 143; am 7/1/99, Register 150; am 7/1/2001, Register 158; am 7/1/2003, Register 166; add'l am 7/1/2003, Register 166; am 7/1/2005, Register 174; am 7/1/2013, Register 206; am 7/1/2019, Register 230; am 7/1/2023, Register 246; am 7/28/2023, Register 247

5 AAC 85.040 Hunting seasons and bag limits for goat {#sec-5-aac-85.040 omnilex-key=us-ak-regs-official--title-5--5 AAC 85.040}

Units and Bag Limits

Resident

Open Season

(Subsistence and

General Hunts)

Nonresident

Open Season

(1)

Unit 1(A), Revillagigedo

Island, except that portion

south and west from Donnelly

Point to Naha Bay, Roosevelt

Lagoon, Naha River, and

Heckman Lake, the divide be-

tween Heckman Lake and the

head of Salt Lagoon and the

western shores of Salt Lagoon

and George Inlet to Mountain

Point; and

1 goat by registration permit

only; the taking of nannies

with kids is prohibited

Unit 1(A), remainder of

Revillagigedo Island

Aug. 1 - Dec. 31

(General hunt only)Aug. 1 - Dec. 311 goat by drawing permit only;

up to 50 permits will be issued;

the taking of nannies with kids

is prohibited

Unit 1(B), that portion

north of Bradfield Canal

and the north fork of the

Bradfield River

Aug. 1 - Dec. 31

(General hunt only)Aug. 1 - Dec. 311 goat by registration permit

only; the taking of nannies

with kids is prohibited

Units 1(A) and 1(B), that

portion on the Cleveland

Peninsula south of the divide

between Yes Bay and Santa

Anna Inlet

Aug. 1 - Dec. 31

(General hunt only)Aug. 1 - Dec. 311 billy by drawing permit only,

up to 6 permits may be issued

Unit 1(A), Revillagigedo

Island, except that portion

south and west from Donnelly

Point to Naha Bay, Roosevelt

Lagoon, Naha River, and

Heckman Lake, the divide be-

tween Heckman Lake and the

head of Salt Lagoon and the

western shores of Salt Lagoon

and George Inlet to Mountain

Point; and

Remainder of Unit 1(A) and

Remainder of Unit 1(B)

RESIDENT HUNTERS:

2 goats by registration permit

only; the taking of nannies

with kids is prohibited

Aug. 1 - Dec. 31NONRESIDENT HUNTERS:

1 goat by registration permit

only; the taking of nannies

with kids is prohibited

Aug. 1 - Dec. 31Unit 1(C), that portion

draining into Lynn Canal

and Stephens Passage

between Antler River and

Eagle Glacier and River

Oct. 1 - Nov. 30Oct. 1 - Nov. 301 goat by registration permit

only; the taking of nannies

with kids is prohibited

Unit 1(C), that portion

including all drainages

of the Chilkat Range

south of the south bank

of the Endicott River

RESIDENT HUNTERS:

1 goat by registration permit

only; the taking of nannies

with kids is prohibited

Aug. 1 - Nov. 30NONRESIDENT HUNTERS:

1 goat by registration permit

only; the taking of nannies

with kids is prohibited

Sept. 1 - Nov. 30Unit 1(C), that portion

bounded by the Montana

Creek trail, McGinnis Creek to

its headwaters, then due north

to the edge of the south side of

the Mendenhall Glacier, then

north and west along the edge

of the Mendenhall and Herbert

Glaciers, then along; the south-

west side of the Herbert Gla-

cier and River back to the

Montana Creek Trail

Oct. 1 - Nov. 30Oct. 1 - Nov. 301 goat, by drawing permit only;

up to 10 permits may be is-

sued; the taking of nannies

with kids is prohibited

Unit 1(C), that portion

draining into Stephens Pas-

sage between Eagle Glacier

and River and the mouth of

Little Sheep Creek, but exclud-

ing that portion bounded by

the Montana Creek trail,

McGinnis Creek to its headwa-

ters, then due north to the

edge of the south side of the

Mendenhall Glacier, then

north and west along the edge

of the Mendenhall and Herbert

Glaciers, then along the south-

west side of the Herbert Gla-

cier and River back to the

Montana Creek Trail, and also

excluding that portion above

2,000 feet and south of the west

ridge of West Peak

No open season.No open season.Unit 1(C), that mainland

portion draining into

the south bank of Little Sheep

Creek, above 2,000 feet and

south of the west ridge of West

Peak, with the contour and

ridge being the boundary,

Gastineau Channel

south of Little Sheep Creek,

Stephens Passage, and Taku

Inlet between the mouth of

Little Sheep Creek and Taku

Glacier, including that portion

on the south side of Blackerby

Ridge encompassed by a line

from Observation Peak west

along the ridgeline down to the

1,000-foot contour, east along

that contour to the north shore

of Salmon Creek Reservoir,

north of the main drainage

into the head of reservoir fol-

lowing that drainage south and

east up to the ridgeline and

east to Olds Mountain

Aug. 1 - Nov. 30

(General hunt only)Aug. 1 - Nov. 301 goat by registration permit

only, and by bow and arrow

only; the taking of nannies

with kids is prohibited

Remainder of Unit 1(C)

Aug. 1 - Nov. 30Aug. 1 - Nov. 301 goat by registration

permit only; the taking of nan-

nies with kids is prohibited

Unit 1(D), that portion

between Taiya Inlet and River

and the White Pass and Yukon

Railroad

RESIDENT HUNTERS:

1 goat by registration permit

only and by bow and arrow

only; however, if a nanny is

taken, the hunter is prohibited

from taking a goat in Unit 1D

for the next regulatory year;

the taking of nannies with kids

is prohibited

Sept. 15 - Nov. 30NONRESIDENT HUNTERS:

1 billy by registration permit

only, and by bow and arrow

only;

Sept. 15 - Nov. 30Unit 1(D), that portion

north of the northwest

Saddle of Tukgahgo Mountain

east of the Chilkat River, south

of the Canadian Border and

south and west of the Ferebee

River and Glacier to Lutak In-

let, excluding that portion of

Takshanuk Range north of the

mouth of Goat Hollow due east

to Assignation Pass

RESIDENT HUNTERS:

1 goat by registration permit

only; however, if a nanny is

taken, the hunter is prohibited

from taking a goat in Unit 1D

for the next regulatory year;

the taking of nannies with kids

is prohibited

Sept. 15 - Nov. 15NONRESIDENT HUNTERS:

1 billy by registration permit

only

Sept. 15 - Nov. 15Unit 1(D), that portion

of Takshanuk Range extending

from the northwest saddle of

Tukgahgo Mountain to the city

of Haines

Sept. 15 - Nov. 151 goat every 4 years by youth

hunt only, by registration per-

mit only; however, if a nanny is

taken, the hunter is prohibited

from taking a goat in Unit 1D

for the next regulatory year;

the taking of nannies with kids

is prohibited

Unit 1(D), that portion

between the Ferebee River and

Glacier and Taiya River and

Inlet, and between the White

Pass and Yukon Railroad and

the Katzehin River

RESIDENT HUNTERS:

1 goat by registration permit

only; however, if a nanny is

taken, the hunter is prohibited

from taking a goat in Unit lD

for the next regulatory year;

the taking of nannies with kids

is prohibited

Sept. 15 - Nov. 30NONRESIDENT HUNTERS:

1 billy by registration permit

only

Sept. 15 - Nov. 30Remainder of Unit 1(D)

RESIDENT HUNTERS:

1 goat by registration permit

only; however, if a nanny is

taken. the hunter is prohibited

from taking a goat in Unit lD

for the next regulatory year;

the taking of nannies with kids

is prohibited

Aug. 1 - Dec. 31

(General hunt only)NONRESIDENT HUNTERS:

1 billy by registration permit

only

Aug. 1- Dec. 31Units 4 and 5

1 goat by registration

permit only; the taking of nan-

nies with kids is prohibited

Aug. 1 - Dec. 31

(General hunt only)Aug. 1 - Dec. 31 (2)

Units 6(C) and 6(D)

Sept. 15 - Jan. 31Sept. 15 - Jan. 311 goat by registration

permit only; however, if a

nanny is taken, the hunter is

prohibited from taking a goat

in Unit 6 for 5 regulatory

years; the taking of nannies

with kids is prohibited

Remainder of Unit 6

Aug. 20 - Jan. 31Aug. 20 - Jan. 311 goat by registration permit

only; however, if a nanny is

taken, the hunter is prohibited

from taking a goat in Unit 6

for 5 regulatory years; the tak-

ing of nannies with kids is pro-

hibited

(3)

Unit 15(C), that portion begin-

ning at the mouth of Jakolof

Creek, then southwesterly

along the shore of Kachemak

Bay to the mouth of the Port

Graham River, then southeast-

erly up the Port Graham River

approximately 6 miles, then

southerly up the south fork to

the divide, then easterly across

the divide to the main drain-

age that flows into Windy Bay,

then southeasterly down the

creek to Windy Bay, then east-

erly along the shoreline to the

mouth of Rocky River, then

northerly up the Rocky River

and Windy River to the divide

separating Windy River from

Jakolof Creek, then across that

divide to Jakolof Creek, then

down Jakolof Creek to the

point of origin

1 goat by drawing permit only;

however, if a nanny is taken in

either season, the hunter is

prohibited from taking a goat

on the Kenai Peninsula for 5

regulatory years; the taking of

nannies with kids is prohibited; or

Aug. 10 - Oct. 15

(General hunt only)No open season.1 goat by registration

permit only; however, if a nanny

is taken in either season, the

hunter is prohibited from

taking a goat on the Kenai

Peninsula for 5 regulatory

years; the taking of nannies

with kids is prohibited; or

Aug. 10 - Oct. 15No open season.1 goat by registration permit

only; however, if a nanny

is taken in either season, the

hunter is prohibited from

taking a goat on the Kenai

Peninsula for 5 regulatory

years; the taking of nannies

with kids is prohibited

Nov. 1 - Nov. 30No open season.Unit 15(C), that portion begin-

ning; at the mouth of the Port

Graham River, then southeast-

erly up the Port Graham River

approximately 6 miles, then

southerly up the south fork to

the divide, then easterly across

the divide to the main drain-

age that flows into Windy Bay,

then southeasterly down the

creek to Windy Bay, then along

the southern shore of Windy

Bay, then westerly along the

shore of the Gulf of Alaska and

around the tip of the Kenai

Peninsula and easterly to the

point of origin

1 goat by registration

permit only; however, if a nanny

is taken in either season, the

hunter is prohibited from

taking a goat on the Kenai

Peninsula for 5 regulatory

years; the taking

of nannies with kids is

prohibited

Aug. 10 - Oct. 15

Nov. 1 - Nov. 30Aug. 10 - Oct. 15

No open season.Unit 7 and Remainder

of Unit 15Aug. 10 - Oct. 15

(General hunt only)

Nov. 1 - Nov. 30

(General hunt only)

Aug. 10 - Oct. 15

Nov. 1 - Nov. 301 goat by drawing permit

only in the Aug. 10 - Oct.

15 season (up to 500 permits

will be issued), or 1 goat by

registration permit only in

the Nov. 1 - Nov. 30 sea-

son; however, if a nanny is

taken in either season, the

hunter is prohibited from

taking a goat on the Kenai

Peninsula for 5 regulatory

years; the taking of nannies

with kids is prohibited

(4)

Unit 8, that portion of Kodiak

Island south and west of a line

extending along the Spiridon

River, following the North Fork

of the Spiridon to its headwa-

ters, then going southwest fol-

lowing the spine of the island

over Koniag peak to the head-

waters of the South Fork of

Midway Creek, then down-

stream on Midway Creek to

Midway Bay

2 goats by registration permit

only, only 1 of which

may be a billy; the taking of

nannies with kids is prohibited

Aug. 20 - Mar. 31

(General hunt only)Aug. 20 - Mar. 31Unit 8, all lands enclosed by a

line beginning at the mouth of

Kizhuyak Bay continuing

southeast through Ouzinke

Narrows and Narrow Strait,

then south and west between

Woody and Long islands, then

southwest into Womens Bay to

the mouth of Russian Creek,

then southwest along Russian

Creek to its watershed divide,

then west to 'Mountain 3100'

and following the ridgeline to

'Mountain 3292', then north-

east to the headwaters of an

unnamed stream west of

Russian Creek headwaters;

then northwest down the

unnamed stream to its mouth at

Kizhuyak Bay, then along the

southwest shoreline of Kizhuyak

Bay to Low Cape, then through

the middle of Kizhuyak Bay to

its mouth

1 goat by registration permit

only; by bow and arrow only;

the taking of nannies with kids

is prohibited; or

Nov. 1 - Dec. 15No open season.1 goat by registration permit

only; by bow and arrow,

muzzleloader, or crossbow only;

the taking of nannies with

kids is prohibited

Dec. 16 - Jan. 31No open season.Unit 8, all lands enclosed by

a line beginning at the mouth

of Ugak Bay continuing to the

second unnamed stream west

of Saltery Creek, then continuing

north along that stream to the

watershed divide, then connecting

to the watershed divide of

Russian Creek and following

Russian Creek to its mouth at

Womens Bay, then northeast

through the middle of Womens

Bay, then straight east through

Chiniak Bay south of Refuge

Island to the 3-mile limit, then

following the 3-mile limit back

to the mouth of Ugak Bay,

including Ugak Island

1 goat by registration permit

only; by bow and arrow only;

the taking of nannies with kids

is prohibited; or

Nov. 1 - Dec. 15No open season.1 goat by registration permit

only; by bow and arrow only;

the taking of nannies with kids

is prohibited; or

Dec. 16 - Jan. 31No open season.1 goat by registration permit

only; by bow and arrow,

muzzleloader, or crossbow only;

the taking of nannies with kids

is prohibited

Dec. 16 - Jan. 31Dec. 16 - Jan. 31Remainder of Unit 8

1 goat by drawing permit

only; up to 500 permits

may be issued; the taking of

nannies with kids is prohib-

ited; or

Aug. 20 - Oct. 25

(General hunt only)Aug. 20 - Oct. 251 goat by registration permit

only; the taking of nannies

with kids is prohibited

Nov. 1 - Jan. 31

(General hunt only)No open season. (5)

Unit 11Sept. 1 - Nov. 30

(General hunt only)

Sept. 1 - Nov. 301 goat by registration

permit only; the taking of nan-

nies with kids is prohibited

(6)

Unit 13(D), that portion south

of the Tiekel River and east of

a line beginning at the conflu-

ence of the Tiekel and Tsina

rivers

1 goat by registration

permit only; the taking

of nannies with kids is prohib-

ited

Sept. 1 - Nov. 30

(General hunt only)Sept. 1 - Nov. 30Remainder of Unit 13(D)Aug. 10 - Nov. 30

(General hunt only)

Aug. 10 - Nov. 301 goat by drawing permit

only; up to 50 permits

will be issued; the taking

of nannies with kids is prohib-

ited

(7)

Unit 12 and the remainder

of Unit 13

No open season.No open season.Unit 14(A)

1 goat by drawing permit

only; up to 50 permits may be

issued; the taking of nannies

with kids is prohibited

Sept. 1 - Oct. 31

(General hunt only)Sept. 1 - Oct. 311 goat by registration permit

only; the taking of nannies

with kids is prohibited

Oct. 1 - Oct. 31

(General hunt only)Oct. 1 - Oct. 31Unit 14(C), the drainages of

Eagle River, Bird Creek, Gla-

cier Creek, and the East Fork

of the Eklutna River

1 goat by drawing permit only;

up to 150 permits may be is-

sued; the taking of nannies

with kids is prohibited;

Sept. 1 - Oct. 15

(General hunt only)Sept. 1 - Oct. 15Remainder of Unit 14(C)

RESIDENT HUNTERS:

1 goat by registration permit

only; however, goats may be

taken from Aug. 16 through

Aug. 31 by bow and arrow

only; the taking of nannies

with kids is prohibited

Aug. 16 - Nov. 30

(General hunt only)NONRESIDENT HUNTERS:

1 goat by registration permit

only, and by bow and arrow

only; the taking of nannies

with kids is prohibited; or

Aug. 16 - Aug. 311 goat by drawing permit

only; the taking of nannies

with kids is prohibited

Sept. 1 - Oct. 15

(b) Repealed 6/16/91.

History

Authority: AS 16.05.255; AS 16.05.258
Eff. 8/20/89, Register 111; am 8/9/90, Register 115; am 12/27/90, Register 116; am 6/16/91, Register 118; am 8/10/91, Register 119; am 5/13/93, Register 126; am 7/1/93, Register 126; am 8/25/94, Register 131; am 7/9/95, Register 135; am 7/16/95, Register 135; am 8/4/95, Register 135; am 7/1/97, Register 142; am 7/26/97, Register 143; am 7/1/99, Register 150; am 7/1/2001, Register 158; add'l am 7/1/2001, Register 158; am 7/1/2003, Register 166; add'l am 7/1/2003, Register 166; am 7/1/2005, Register 174; add'l am 7/1/2005, Register 174; am 7/1/2007, Register 182; add'l am 7/1/2007, Register 182; am 12/1/2007, Register 184; am 7/1/2009, Register 190; add'l am 7/1/2009, Register 190; am 1/1/2010, Register 192; am 7/1/2011, Register 198; 1st add'l am 7/1/2011, Register 198; 2nd add'l am 7/1/2011, Register 198; am 11/25/2011, Register 200; am 12/22/2011, Register 200; am 7/1/2013, Register 206; am 7/1/2015, Register 214; 1st add'l am 7/1/2015, Register 214; 2nd add'l am 7/1/2015, Register 214; am 7/1/2016, Register 218; am 7/1/2019, Register 230; add'l am 7/1/2019, Register 230; am 6/23/2022, Register 242; am 7/1/2023, Register 246; am 7/28/2023, Register 247; am 8/10/2024, Register 251

5 AAC 85.045 Hunting seasons and bag limits for moose {#sec-5-aac-85.045 omnilex-key=us-ak-regs-official--title-5--5 AAC 85.045}

Units and Bag Limits

Resident

Open Season

(Subsistence and

General Hunts)

Nonresident

Open Season

(1)

Unit 1(A)Sept. 15 - Oct. 15

(General hunt only)

Sept. 15 - Oct. 151 bull by registration permit

only

Units 1(B) and 3

Sept. 15 - Oct. 15Sept. 15 - Oct. 151 bull with spike-fork antlers

or 50-inch antlers or antlers

with 3 or more brow tines on

one side or antlers with 2 or

more brow tines on each side,

by registration permit only

Unit 1(C), Berners Bay drain-

ages

Sept. 15 - Oct. 15

(General hunt only)Sept. 15 - Oct. 151 bull moose by drawing per-

mit only; up to 30 permits may

be issued

Unit 1(C), that portion

south of Point Hobart,

including all Port Houghton

drainages

Sept. 15 - Oct. 15

(General hunt only)Sept. 15 - Oct. 151 bull with spike-fork antlers

or 50-inch antlers or antlers

with 3 or more brow tines on

one side or antlers with 2 or

more brow tines on each side,

by registration permit only

Unit 1(C), that portion west

of Excursion Inlet and north

of Icy Passage

1 moose per regulatory year,

only as follows:

1 bull with spike-fork antlers

or 50-inch antlers or antlers

with 3 or more brow tines on

one side by registration

permit only

Sept. 15 - Oct. 15

(General hunt only)Sept. 15 - Oct. 15Remainder of Unit 1(C)Sept. 15 - Oct. 15

(General hunt only)

Sept. 15 - Oct. 151 bull by registration permit

only

Unit 1(D)Sept. 15 - Oct. 7

(Subsistence hunt

only)

No open season.1 bull with spike-fork or 50-

inch antlers or antlers with 3

or more brow tines on one side

by Tier II subsistence hunting

permit only; up to 250 permits

may be issued

(2)

Units 2 and 4

No open season.No open season. (3)

Unit 5(A), that portion

south of Wrangell-Saint Elias

National Park, north and east

of Russell and Nunatak Fiords,

and east of the east side of

East Nunatak Glacier to the

Canadian Border (Nunatak

Bench)

Nov. 15 - Feb. 15Nov. 15 - Feb. 151 bull by registration permit

only; up to 5 bulls may be

taken

Unit 5A west of the Dangerous

River and excluding that por-

tion south of Wrangell-Saint

Elias National Park, north and

east of Russell and Nunatak

Fiords, and east of the east

side of East Nunatak Glacier

to the Canadian Border (Nuna-

tak Bench)

Oct. 15 - Nov. 15Oct. 15 - Nov. 151 bull by registration permit

only; up to 60 bulls may be

taken in combination with the

remainder of Unit 5(A); the

commissioner may, by emer-

gency order, close the season in

that portion west of the Dan-

gerous River when 30 bulls

have been taken from that

area

Remainder of Unit 5(A)

1 bull by registration permit

only; up to 60 bulls may be

taken in combination with

Unit 5(A) west of the Danger-

ous River and excluding that

portion south of Wrangell-

Saint Elias National Park,

north and east of Russell and

Nunatak Fiords, and east of

the east side of East Nunatak

Glacier to the Canadian Bor-

der (Nunatak Bench)

Oct. 1 - Nov. 15Oct. 16 - Nov. 15Unit 5(B)

Sept. 1 - Dec. 15Sept. 1 - Dec. 151 bull by registration permit

only; up to 25 bulls

may be taken

(4)

Unit 6(A), all drainages into

the Gulf of Alaska from Cape

Suckling to Palm Point

RESIDENT HUNTERS:

1 bull by registration

permit only; up to 30

bulls may be taken

Sept. 1 - Nov. 30

(General hunt only)NONRESIDENT HUNTERS:

1 bull by drawing

permit only; up to 5 drawing

permits may be issued

Sept. 1 - Nov. 30Remainder of Unit 6(A)

RESIDENT HUNTERS:

1 bull with spike-fork

antlers or 50-inch

antlers or antlers with

3 or more brow tines on one

side

Sept. 1 - Nov. 30

(General hunt only)NONRESIDENT HUNTERS:

1 bull with 50-inch

antlers or antlers with 3

or more brow tines

on one side

Sept. 1 - Nov. 30Unit 6(B)

1 antlered moose by

registration permit only;

up to 30 antlered moose may

be taken

Aug. 27 - Oct. 31

(General hunt only)No open season.Unit 6(C)

1 moose per regulatory year,

only as follows:

1 moose by drawing permit

only; up to 40 permits

for bulls and up to 20

permits for antlerless

moose may be issued; or

Sept. 1 - Oct. 31

(General hunt only)No open season.1 moose by registration

permit only

Nov. 1 - Dec. 31No open season.Unit 6(D)Sept. 1 - Sept. 30

(General hunt only)

Sept. 1 - Sept. 301 bull

Units and Bag Limits

Resident

Open Season

(Subsistence and

General Hunts)

Nonresident

Open Season

(5)

Unit 7, the Placer River

drainages, and that por-

tion of the Placer Creek

(Bear Valley) drainage out-

side the Portage

Glacier Closed Area, and

that portion of Unit 14(C)

within the Twentymile

River drainage

RESIDENT HUNTER:

1 moose by drawing permit

only; up to 60 permits

for bulls will be issued

in combination with non-

resident hunts, and up to 70

permits for antlerless

moose will be issued; or

Aug. 20 - Oct. 10

(General hunt only)1 bull by drawing permit

only;

Sept. 1 - Sept. 25No open season.NONRESIDENT HUNTERS:

1 bull by drawing permit

only; up to 60 permits

for bulls will be

issued in combination with

resident hunts

Aug. 20 - Oct. 10Unit 7, that portion west

of the Resurrection Creek Trail

and north of the Sterling High-

way

1 bull per regulatory

year, only as follows:

1 bull with spike or

50-inch antlers or antlers with

3 or more brow

tines on one side; or

Sept. 1 - Sept. 25

(General hunt only)Sept. 1 - Sept. 251 bull by drawing permit

only; or

Sept. 1 - Sept. 25No open season.1 bull with spike-fork

antlers or 50-inch antlers

or antlers with 3 or more brow

tines on one side by drawing

permit only; up to 25 permits

may be issued in combination

with Unit 15(A), that portion

east of the Mystery Creek

Road and the Pipeline Road,

and north of the Sterling High-

way;

Oct. 10 - Nov. 10

(General hunt only)Oct. 10 - Nov. 10

(6) the hunting seasons and bag limits for moose in Remainder of Unit 7 are as follows:

Units and Bag Limits

Resident

Open Season

(Subsistence and

General Hunts)

Nonresident

Open Season

(6)

Sept. 1 - Sept. 25No open season.Remainder of Unit 7Sept. 1 - Sept. 25

(General hunt only)

Sept. 1 - Sept. 251 bull with spike or 50-inch

antlers or antlers with 3 or

more brow tines on one side; or

1 bull by drawing permit

only;

Sept. 1 - Sept. 25No open season. (7)

Unit 8

No open season.No open season. (8)

Unit 9(A)

Sept. 1 - Sept. 15Sept. 5 - Sept. 151 bull by registration permit

only

Unit 9(B)

RESIDENT HUNTERS:

1 bull by registration permit

only; or

Sept. 1 - Sept. 251 antlered bull by registration

permit only

Dec. 15 - Jan. 15NONRESIDENT HUNTERS:

1 bull with 50-inch antlers or

antlers with 4 or more brow

tines on one side, by registration

permit only

Sept. 5 - Sept. 15Unit 9(C)

RESIDENT HUNTERS:

1 bull by registration permit

only; or

Sept. 1 - Sept. 251 antlered bull by registration

permit only

Dec. 1 - Jan. 15NONRESIDENT HUNTERS:1 bull with 50-inch antlers or

antlers with 3 or more brow

tines on one side, by registration

permit only

Sept. 5 - Sept. 20Unit 9(D)

1 antlered bull by registration

permit only

Dec. 15 - Jan. 20No open season.Unit 9(E)

RESIDENT HUNTERS:

1 bull with spike-fork

antlers or 50-inch antlers or

antlers with 3 or more brow

tines on one side, by registra-

tion permit only; or

Sept. 10 - Sept. 251 antlered bull by

registration permit only

Dec. 1 - Jan. 20NONRESIDENT HUNTERS:

1 bull with 50-inch antlers or

antlers with 3 or more

brow tines on one side, by reg-

istration permit only

Sept. 10 - Sept. 25

(9)

Units and Bag Limits

Resident

Open Season

(Subsistence and

General Hunts)

Nonresident

Open Season

Unit 11, that portion east of

the east bank of the Copper

River upstream from and in-

cluding the Slana River drain-

age

RESIDENT HUNTERS:

1 bull per harvest report by

community harvest permit

only; however, no more than

100 bulls that do not meet ant-

ler restrictions for other resi-

dent hunts in the same area

may be taken by Tier II permit

in the entire community har-

vest area during the Aug. 20 -

Sept. 20 season, up to 350 Tier

II permits may be issued; or

Aug. 20 - Sept. 20

Dec. 1 - Dec. 31

(Subsistence hunt only)No open season.1 bull with spike-fork antlers

or 50-inch antlers or antlers

with 3 or more brow tines on

one side, by registration permit

only

Aug. 20 - Sept. 17NONRESIDENT HUNTERS:

1 bull with 50-inch antlers or

antlers with 3 or more brow

tines on one side, by registra-

tion permit only

Aug. 20 - Sept. 17Remainder of Unit 11

1 bull per harvest report by

community harvest permit

only; however, no more than

100 bulls that do not meet ant-

ler restrictions for other resi-

dent hunts in the same area

may be taken by Tier II permit

in the entire community har-

vest area during the Aug. 20 -

Sept. 20 season, up to 350 Tier

II permits may be issued; or

Aug. 20 - Sept. 20

Dec. 1 - Dec. 31

(Subsistence hunt only)No open season.1 bull with spike-fork antlers

or 50-inch antlers or antlers

with 3 or more brow tines on

one side

Aug. 20 - Sept. 20Aug. 20 - Sept. 20

(10)

Units and Bag Limits

Resident

Open Season

(Subsistence and

General Hunts)

Nonresident

Open Season

Unit 12, that portion including

all drainages into the west

bank of the Little Tok River,

from its headwaters in Bear

Valley at the intersection of

the unit boundaries of Units

12 and 13 to its junction with

the Tok River, and all drain-

ages into the south bank of the

Tok River from its junction

with the Little Tok River to the

Tok Glacier

RESIDENT HUNTERS:

1 bull per harvest report by

community harvest permit

only; however, no more than

100 bulls that do not

meet antler restrictions for

other resident hunts in the

same area may be taken by

Tier II permit in the entire

community harvest area dur-

ing the Aug. 24 - Aug. 28 and

Sept. 8 - Sept. 17 seasons, up to

350 Tier II permits may be is-

sued; or

Aug. 24 - Aug. 28

Sept. 8 - Sept. 17

Dec. 1 - Dec. 31

(Subsistence hunt only)1 bull with spike-fork antlers

or 50-inch antlers or antlers

with 4 or more brow tines on

one side

Aug. 24 - Aug. 28

Sept. 8 - Sept. 17NONRESIDENT HUNTERS:

1 bull with 50-inch antlers or

antlers with 4 or more brow

tines on one side

Sept. 8 - Sept. 17Unit 12, remainder of that por-

tion in the Tok River drainage

upstream of a line from Peak

5885 at 63° 09.24' N. lat., 143°

24.25' W. long., to Milepost 105

of the Tok Cutoff Highway at

63° 07.44' N. lat., 143° 18.14'

W. long., then south along the

Tok Cutoff Highway to the Lit-

tle Tok River Bridge at Mile-

post 98.2; and within the Little

Tok River drainage upstream

of the Little Tok River Bridge

at Milepost 98.2

RESIDENT HUNTERS:

1 bull with spike-fork antlers

or 50-inch antlers or

antlers with 4 or more

brow tines on one side

Aug. 24 - Aug. 28

Sept. 8 - Sept. 17NONRESIDENT HUNTERS:

1 bull with 50-inch antlers or

antlers with 4 or more brow

tines on one side

Sept. 8 - Sept. 17Unit 12, that portion lying

east of the Nabesna River

and south of the winter

trail running southeast from

Pickerel Lake to the Cana-

dian border

Sept. 1 - Sept. 30Sept. 1 - Sept. 301 bull with 50-inch antlers or

antlers with 4 or more

brow tines on one side

Unit 12, that portion within

the Nabesna River drainage

west of the east bank of the

Nabesna River upstream from

the southern boundary of the

Tetlin National Wildlife Refuge

RESIDENT HUNTERS:

1 bull with spike-fork

antlers or 50-inch antlers or

antlers with 3 or more brow

tines on one side, by registra-

tion permit only

Aug. 20 - Sept. 17NONRESIDENT HUNTERS:1 bull with 50-inch antlers or

antlers with 3 or more brow

tines on one side, by registra-

tion permit only

Aug. 20 - Sept. 17Remainder of Unit 12

RESIDENT HUNTERS:

1 bullAug. 24 - Aug. 28

Sept. 8 - Sept. 17

NONRESIDENT HUNTERS:

1 bull with 50-inch antlers or

antlers with 4 or more brow

tines on one side

Sept. 8 - Sept. 17

Units and Bag Limits

Resident

Open Season

(Subsistence and

General Hunts)

Nonresident

Open Season

(11)

Unit 13

1 moose per regulatory year,

only as follows:

RESIDENT HUNTERS:

1 bull per harvest report by

community harvest permit only;

however, no more than 100 bulls

that do not meet antler restrictions

for other resident hunts in the

same area may be taken by Tier II

permit in the entire community

harvest area during the Aug. 20 -

Sept. 20 season, up to 350 Tier

II permits may be issued; or

Aug. 20 - Sept. 20

Dec. 1 - Dec. 31

(Subsistence hunt only)1 bull with spike-fork antlers or

50-inch antlers or antlers with 4

or more brow tines on one side; or

Sept. 1 - Sept. 20

(Subsistence hunt only)1 bull by registration permit

only

Dec. 1 - Dec. 31

(General hunt only)NONRESIDENT HUNTERS:

1 bull with 50-inch antlers or

antlers with 4 or more brow

tines on one side by drawing

permit only; up to 150 permits

may be issued

Sept. 1 - Sept. 20 (12)

Unit 14(A)

1 moose per regulatory year,

only as follows:

1 bull with spike-fork

antlers or 50-inch

antlers or antlers with 3 or

more brow tines on one side,

by bow and arrow only; or

Aug. 10 - Aug. 19

(General hunt only)Aug. 10 - Aug. 191 bull with spike-fork

antlers or 50-inch

antlers or antlers with 3 or

more brow tines on one side; or

Aug. 25 - Sept. 25

(General hunt only)Aug. 25 - Sept. 251 antlerless moose by

drawing permit only; up

to 2,000 antlerless moose

permits may be issued; or

Aug. 20 - Sept. 25

(General hunt only)

Nov. 1 - Dec. 25

(General hunt only)No open season.1 antlered bull moose by

drawing permit only; up to

90 permits may be issued; or

Aug. 25 - Sept. 25

(General hunt only)No open season.1 moose by targeted

permit only; by crossbow,

shotgun, or bow and arrow only;

up to 200 permits may be issued

Winter season to

be announced by

emergency order

(General hunt only)No open season.Unit 14(B)

1 moose per regulatory year,

only as follows:

1 bull with spike-fork

antlers or 50-inch

antlers or antlers with 3 or

more brow tines on one side,

by bow and arrow only; or

Aug. 10 - Aug. 19

(General hunt only)Aug. 10 - Aug. 191 bull with spike-fork

antlers or 50-inch

antlers or antlers with 3 or

more brow tines on one side; or

Aug. 25 - Sept. 25

(General hunt only)Aug. 25 - Sept. 251 bull by drawing permit

only; up to 100 permits

may be issued; or

Aug. 25 - Sept. 25

(General hunt only)No open season.1 moose by targeted

permit only; by crossbow

shotgun, or bow and arrow

only; up to 100

permits may be issued

Winter season to

be announced by

emergency order

(General hunt only)No open season.Unit 14(C), Joint Base

Elmendorf-Richardson (JBER)

Management Area

Sept. 1 - Mar. 31

(General hunt only)Sept. 1 - Mar. 311 moose per regulatory year by

drawing permit, and by

muzzleloading blackpowder

rifle or bow and arrow only; up

to 185 permits may be issued

Unit 14(C), that portion

known as the Birchwood

Management Area

Sept. 1 - Sept. 30

(General hunt only)Sept. 1 - Sept. 301 moose by drawing permit, by

bow and arrow only; up to 25

permits may be issued

Unit 14(C), that portion known

as the Anchorage Management

Area

1 antlerless moose by drawing

permit only, and by bow and

arrow, shotgun, or

muzzleloader only; up to 50

permits may be issued

Sept. 1 - Nov. 30

(General hunt only)No open season.Unit 14(C), that portion

of the Ship Creek drainage

upstream of the Joint Base

Elmendorf-Richardson (JBER)

Management Area

1 moose by drawing permit

only; up to 50 permits

may be issued; or

Sept. 1 - Sept. 30

(General hunt only)Sept. 1 - Sept. 301 bull by registration

permit only

Oct. 1 - Nov. 30

(General hunt only)Oct. 1 - Nov. 30Unit 14(C), the Eklutna Lake

Management Area

1 bull by registration permit,

by bow and arrow only; up to 6

bulls may be taken

Sept. 1 - Oct. 20

(General hunt only)Sept. 1 - Oct. 20Remainder of Unit 14(C)

1 moose per regulatory year,

only as follows:

1 bull with spike-fork

antlers or 50-inch antlers

or antlers with 3 or more

brow tines on one side, by

bow and arrow only; or

Aug. 22 - Aug. 29

(General hunt only)Aug. 22 - Aug. 291 bull with spike-fork

antlers or 50-inch

antlers or antlers with 3 or

more brow tines on one side; or

Sept. 1 - Sept. 30

(General hunt only)Sept. 1 - Sept. 301 antlerless moose by

drawing permit only;

up to 60 permits may be is-

sued; or

Sept. 1 - Sept. 30

(General hunt only)No open season.1 bull by drawing permit only,

by bow and arrow only; up to

10 permits may be issued

Oct. 20 - Nov. 15

(General hunt only)No open season.

(13) hunting seasons and bag limits for moose in Unit 15 are as follows:

Units and Bag Limits

Resident

Open Season

(Subsistence and

General Hunts)

Nonresident

Open Season

Unit 15(A), the Skilak Loop

Wildlife Management Area

1 bull with spike-fork antlers

by drawing permit

only; up to 30 permits

may be issued; or

Sept. 15 - Sept. 30

(General hunt only)Sept. 15 - Sept. 301 bull by drawing permit

only;

Sept. 1 - Sept. 25No open season.Unit 15(A), that portion

east of the Mystery Creek

Road and the Pipeline Road,

and north of the Sterling High-

way

1 bull per regulatory year,

only as follows:

1 bull with spike or

50-inch antlers or antlers

with 3 or more brow tines on

one side; by bow and arrow

only; or

Aug. 22 - Aug. 29

(General hunt only)No open season.1 bull with spike or

50-inch antlers or antlers

with 3 or more brow tines on

one side; or

Sept. 1 - Sept. 25

(General hunt only)No open season.1 bull with spike-fork

antlers or 50-inch

antlers or antlers with 3 or

more brow tines on one side by

drawing permit only; up to 25

permits may be issued in com-

bination with Unit 7, that por-

tion west of the Resurrection

Creek Trail and north of the

Sterling Highway; or

Oct. 10 - Nov. 10

(General hunt only)Oct. 10 - Nov. 101 bull by drawing permit

only;

Sept. 1 - Sept. 25No open season.Remainder of Unit 15(A)

1 bull per regulatory year, only

as follows:

1 bull with spike or

50-inch antlers or antlers

with 3 or more brow tines on

one side, by bow and arrow

only; or

Aug. 22 - Aug. 29

(General hunt only)No open season.1 bull with spike or

50-inch antlers or antlers

with 3 or more brow tines on

one side

Sept. 15 - Sept. 25

(General hunt only)No open season.1 bull by drawing permit

only;

Sept. 15 - Sept. 25No open season.Unit 15(B), Kalgin Island

1 moose per regulatory year,

by registration permit only

Aug. 20 - Sept. 20Aug. 20 - Sept. 20Remainder of Unit 15(B)

1 bull per regulatory year, only

as follows:

1 bull with spike or

50-inch antlers or antlers

with 3 or more brow tines on

one side, by bow and arrow

only; or

Aug. 22 - Aug. 29

(General hunt only)Aug. 22 - Aug. 291 bull with spike or

50-inch antlers or antlers with

3 or more brow tines on one

side; or

Sept. 1 - Sept. 25

(General hunt only)Sept. 1 - Sept. 251 bull by drawing permit

only;

Sept. 1 - Sept. 25No open season.Unit 15(C), that portion

southwest of a line from

Point Pogibshi to the point of

land between Rocky Bay and

Windy Bay

Sept. 1 - Sept. 25

(Subsistence hunt only)

Nov. 1- Nov. 30

(Subsistence hunt only)No open season.1 bull by Tier II

subsistence hunting

permit

Unit 15(C), that portion

from the mouth of Deep Creek

easterly along the south bank of

Deep Creek to N 59° 55.183',

W 151° 8.155'; then southeasterly

in a straight line to the unnamed

creek at N 59° 54.342',

W 151° 6.459'; and easterly down

the south bank of this stream to

Caribou Lake and easterly along

the south shore to the outlet of Fox

Creek, then south along the west

bank of Fox Creek to the mouth of

Fox Creek, and along the mean

high tide line to the point of origin

RESIDENT HUNTERS:

1 bull with spike or 50-inch

antlers or antlers with 3 or

more brow tines on one side, by

bow and arrow only; or

Aug. 22 - Aug. 29

(General hunt only)1 bull with spike or

50-inch antlers or

antlers with 3 or more brow

tines on one side; or

Sept. 1 - Sept. 25

(General hunt only)1 antlerless moose by drawing

permit only; the taking of

calves, and females accompa-

nied by calves, is prohibited;

up to 100 permits may be is-

sued in combination with the

nonresident drawing hunt; or

Oct. 20 - Nov. 201 bull by drawing permit

only; or

Sept. 1 - Sept. 251 moose by targeted permit

only;

Oct. 15 - Mar. 31NONRESIDENT HUNTERS:

1 bull with 50-inch antlers or

antlers with 3 or more brow

tines on one side; or

Sept. 1 - Sept. 251 antlerless moose by drawing

permit only; the taking of

calves, and females accompa-

nied by calves, is prohibited;

up to 100 permits may be is-

sued in combination with the

resident drawing hunt

Oct. 20 - Nov. 20Remainder of Unit 15(C)

RESIDENT HUNTERS:

1 bull with spike or 50-inch

antlers or antlers with 3 or

more brow tines on one side, by

bow and arrow only; or

Aug. 22 - Aug. 29

(General hunt only)1 bull with spike or 50-inch

antlers or antlers with 3 or

more brow tines on one side; or

Sept. 1 - Sept. 25

(General hunt only)1 bull by drawing permit

only; or

Sept. 1 - Sept. 251 moose by targeted permit

only,

Oct. 15 - Mar. 31NONRESIDENT HUNTERS:

1 bull with 50-inch antlers

or antlers with 3 or more brow

tines on one side;

Sept. 1 - Sept. 25

Units and Bag Limits

Resident

Open Season

(Subsistence and

General Hunts)

Nonresident

Open Season

(14)

(A) before July 1, 2026, the hunting seasons and bag limits for moose in Unit 16 are as follows:

Unit 16(A)

1 moose per regulatory year,

only as follows:

1 bull with spike-fork

antlers or 50-inch antlers

or antlers with 3 or more

brow tines on one side,

by bow and arrow only; or

Aug. 10 - Aug. 19

(General hunt only)Aug. 10 - Aug. 191 bull with spike-fork

antlers or 50-inch

antlers or antlers with 3 or

more brow tines on one side; or

Aug. 20 - Sept. 25

(General hunt only)Aug. 20 - Sept. 251 bull by drawing permit only,

up to 50 permits may be issued

Aug. 20 - Sept. 25No open season.Unit 16(B)

1 bull per regulatory year,

only as follows:

RESIDENT HUNTERS:

If the harvestable portion is

199 moose or less; up to 400

total Tier II permits may be

issued;

1 bull with spike-fork antlers

or 50-inch antlers or antlers

with 3 or more brow tines on

one side by Tier II subsistence

hunting permit only; or

Aug. 20 - Sept. 30

(Subsistence hunt only)1 bull by Tier II

subsistence hunting

permit only; or if the

harvestable portion is greater

than 199 moose, but less than

241 moose;

Dec. 15 - Mar. 31

(Subsistence hunt only)1 bull with spike-fork

antlers or 50-inch antlers or

antlers with 3 or more brow

tines on one side; or

Sept. 1 - Sept. 201 bull by Tier II

subsistence hunting

permit only; up to 260 permits

may be issued; or

Dec. 15 - Mar. 31

(Subsistence hunt only)If the harvestable portion is

greater than 240 moose:

1 bull with spike-fork

antlers or 50-inch antlers or

antlers with 3 or more brow

tines on one side; or

Aug. 20 - Sept. 251 bull by drawing permit only;

up to 75 percent of the

combined drawing permits

in the area may be issued to non-

youth hunters; up to 600 per-

mits may be issued; provided

that the harvestable portion is

greater than 310 moose; or

Aug. 20 - Sept. 25

(General hunt only)1 bull by youth hunt drawing

permit only; up to 25

percent of the combined

drawing permits in the area

may be issued to youth hunt-

ers; provided that the

harvestable portion is greater

than 310 moose; or

Aug. 20 - Sept. 25

Nov. 15 - Jan. 31

(General hunt only)1 bull by registration permit

only; or

Dec. 15 - Last Day of

Feb.1 bull by drawing permit only;

up to 500 permits may be is-

sued; or

Dec. 15 - Last Day of

Feb.1 bull by Tier II

subsistence hunting

permit only; up to 260

permits may be issued

Dec. 15 - Mar. 31

(Subsistence hunt only)NONRESIDENT HUNTERS:

1 bull with spike-fork

antlers or 50-inch antlers or

antlers with 3 or more brow

tines on one side; if the

harvestable portion is greater

than 240 moose

Aug. 20 - Sept. 25(B) on or after July 1, 2026, the bunting seasons and bag limits for moose in Unit 16 are as follows:

Unit 16(A)

1 moose per regulatory year,

only as follows:

1 bull with spike-fork

antlers or 50-inch antlers

or antlers with 3 or more brow

tines on one side,

by bow and arrow only; or

Aug. 10 - Aug. 19

(General hunt only)Aug. 10 - Aug. 191 bull with spike-fork

antlers or 50-inch

antlers or antlers with 3 or

more brow tines on one side; or

Aug. 20 - Sept. 25

(General hunt only)Aug. 20 - Sept. 251 bull by drawing permit only;

up to 50 permits may be issued

Aug. 20 - Sept. 25No open season.Unit 16(B)

1 bull per regulatory year,

only as follows:

RESIDENT HUNTERS:

If the harvestable portion is

199 moose or less; up to 400

total Tier II permits may be

issued:

1 bull with spike-fork antlers

or 50-inch antlers or antlers

with 3 or more brow tines on

one side by Tier II subsistence

hunting permit only; or

Aug. 20 - Sept. 30

(Subsistence hunt only)1 bull by Tier II

subsistence hunting

permit only;

Dec. 15 - Last day of

Feb.

(Subsistence hunt only)

if the harvestable portion is

greater than 199 moose, but less

than 241 moose:

1 bull with spike-fork

antlers or 50-inch antlers or

antlers with 3 or more brow

tines on one side; or

Sept. 1 - Sept. 201 bull by Tier II

subsistence hunting

permit only; up to 260 permits

may be issued; or

Dec. 15 - Last day of

Feb.

(Subsistence hunt only)

If the harvestable portion is

greater than 240 moose:1 bull with spike-fork

antlers or 50-inch antlers or

antlers with 3 or more brow

tines on one side; or

Aug. 20 - Sept. 251 bull by drawing permit only;

up to 75 percent of the

combined drawing permits

in the area may be issued to non-

youth hunters; up to 600 permits

may be issued; provided

that the harvestable portion is

greater than 310 moose; or

Aug. 20 - Sept. 25

(General hunt only)1 bull by youth hunt drawing

permit only; up to 25

percent of the combined

drawing permits in the area

may be issued to youth hunters;

provided that the harvestable

portion is greater than 310 moose; or

Aug. 20 - Sept. 25

Nov. 15 - Jan. 31

(General hunt only)1 bull by registration permit

only; or

Dec. 15 - Last day of

Feb.

1 bull by drawing permit only;

up to 500 permits may be issued; or

Dec. 15 - Last day of

Feb.

1 bull by Tier II subsistence

hunting permit only; up to 260

permits may be issued

Dec. 15 - Last day of

Feb.

(Subsistence hunt only)

NONRESIDENT HUNTERS:

1 bull with spike-fork

antlers or 50-inch antlers or

antlers with 3 or more brow

tines on one side; if the

harvestable portion is greater

than 240 moose

Aug. 20 - Sept. 25 (15)

Unit 17(A)

Up to 2 moose per regulatory

year, only as follows:

RESIDENT HUNTERS:

1 moose by registration

permit only; or

Aug. 25 - Sept. 25

(Subsistence hunt only)1 antlered bull by registration

permit only; or

Jan. 1 - Last day of Feb.

(Subsistence hunt only)1 antlerless moose by registration

permit only;

Jan. 1 - Last day of Feb.

(Subsistence hunt only)NONRESIDENT HUNTERS:

1 bull with 50-inch antlers or

antlers with 4 or more brow

tines on one side, by drawing

permit only; up to 50 permits

may be issued

Sept. 1 - Sept. 20Unit 17(B), that portion in the

Unit 17(B) nonresident closed

area

RESIDENT HUNTERS:

1 bull by registration

permit only; however,

during the period Sept.

1 - Sept. 15, spike-fork bulls

and bulls with 50-inch antlers

or antlers with 3 or more brow

tines on one side may be taken

with a harvest ticket; or

Aug. 20 - Sept. 15

Dec. 1 - Dec. 311 antlered bull by registration

permit only

Dec. 1 - Dec. 31NONRESIDENT HUNTERS:

1 bull with 50-inch antlers

or antlers with 4 or more brow

tines on one side, by registra-

tion permit only; up to 75 per-

mits may be issued

Sept. 5 - Sept. 15 Remainder of Unit 17(B)

RESIDENT HUNTERS:

1 bull by registration permit

only; however, during the

period Sept. 1 - Sept. 15, spike-

fork bulls and bulls with 50-

inch antlers or antlers with 3

or more brow tines on one side

may be taken with a harvest

ticket; or

Aug. 20 - Sept. 15

Dec. 1 - Dec. 311 antlered bull by registration

permit only

Dec. 1 - Dec. 31NONRESIDENT HUNTERS:

Sept. 5 - Sept. 151 bull with 50-inch antlers

or antlers with 4 or more brow

tines on one side

Unit 17(C)

RESIDENT HUNTERS:

Aug. 20 - Sept. 151 bull by registration permit

only; however, during the pe-

riod Sept. 1 - Sept. 15, spike-

fork bulls and bulls with 50-

inch antlers or antlers with 3

or more brow tines on one side

may be taken with a harvest

ticket; or

1 antlered bull by registration

permit only

Dec. 1 - Dec. 31NONRESIDENT HUNTERS:

No open season. (16)

Unit 18 Kuskokwim Area, that

portion easterly of a line from

the mouth of the Ishkowik

River to the closest point of

Dall Lake then to the east

bank of the Johnson River

at its entrance intoNunavakanukakslak Lake (60°

59.41' N. latitude, 162° 22.14'

W. longitude), continuing up-

river along a line one-half mile

south and east of, and parallel-

ing a line along the southerly

bank of the Johnson River to

the confluence of the east bankof Crooked Creek, then con-

tinuing upriver along the east

bank of Crooked Creek to the

outlet at Arhymot Lake, then

following the south bank of

Arhymot Lake easterly to the

Unit 18 border and north of

and including the Eek River

drainage

1 bull, excluding male calves,

by registration

permit only; or

Sept. 1 - Oct. 15No open season.1 antlerless moose by

drawing permit only; up to

100 permits may be issued; or

Sept. 1 - Oct. 15No open season.1 antlered bull by

drawing permit only; up to

100 permits may be issued

Dec. 1 - Jan. 31No open season.Unit 18, that portion that

drains into Kuskokwim Bay

south of the Carter Bay

drainage

1 bull, excluding male calves,

by registration permit only; or

Sept. 1 - Sept. 30No open season.1 moose by registration

permit only; to be announced

by emergency order;

Dec. 1 - Mar. 31

(Season to be an-

nounced)No open season.Unit 18, that portion south of

the Eek River drainage and

north of and including the

Carter Bay drainage

1 bull, excluding male calves,

by registration permit only

Sept. 1 - Oct. 15No open season.Remainder of Unit 18

RESIDENT HUNTERS:

2 moose; of which only

1 may be an antlered bull; a

person may not take a calf or a

cow accompanied by a calf; or

Aug. 1 - Sept. 302 antlerless moose; or

Oct. 1 - Nov. 302 moose

Dec. 1 - Apr. 30NONRESIDENT HUNTERS:

1 antlered bull; or

Sept. 1 - Sept. 301 antlerless moose

Dec. 1 - Mar. 15

(17) (A) before July 1, 2025, the hunting seasons and bag limits for moose in Unit 19 are as follows:

Units and Bag Limits

Resident

Open Season

(Subsistence and

General Hunts)

Nonresident

Open Season

Unit 19(A)

RESIDENT HUNTERS:

1 antlered bull by Tier II

permit only; up to 300 permits

may be issued

Aug. 25 - Sept. 20NONRESIDENT HUNTERS:

No open season.Unit 19(B) within the Nonresi-

dent Closed Area

RESIDENT HUNTERS:

1 bull with spike-fork or 50-

inch antlers or antlers with 4

or more brow tines on one side

Sept. 1 - Sept. 20NONRESIDENT HUNTERS:

No open season.Remainder of Unit 19(B)

RESIDENT HUNTERS:

1 bull with spike-fork or 50-

inch antlers or antlers with 4

or more brow tines on one side

Sept. 1 - Sept. 20NONRESIDENT HUNTERS:

1 bull with 50-inch antlers

or antlers with 4 or more brow

tines on one side

Sept. 5 - Sept. 20Unit 19(C), that portion west

of the South Fork of the

Kuskokwim River, east of

the Windy Fork of the

Kuskokwim River and

north of a line between

62° 24.00' N. lat., 154° 7.00' W.

long and 62° 30.00' N. lat.,

153° 32.00' W. long.

RESIDENT HUNTERS:

1 bull with spike-fork or

50-inch antlers or antlers

with 4 or more brow tines

on one side by registration

permit only; or

Sept. 1 - Sept. 201 bull by registration permit

only

Feb. 1 - Last day of Feb.NONRESIDENT HUNTERS:

1 bull with 50-inch antlers or

antlers with 4 or more brow

tines on one side by drawing

permit only; up to 100 permits

may be issued

Sept. 1 - Sept. 20Remainder of Unit 19(C)

RESIDENT HUNTERS:

1 bull with spike-fork or

50-inch antlers or antlers with

4 or more brow tines on one

side; or

Sept. 1 - Sept. 201 bull by registration

permit only

Feb. 1 - Last day of Feb.NONRESIDENT HUNTERS:

1 bull with 50-inch

antlers or antlers with 4 or

more brow tines on one side

Sept. 1 - Sept. 20Unit 19(D), that portion in the

Upper Kuskokwim Controlled

Use Area

1 antlered bull by registration

permit

Sept. 1 - Sept. 25No open season.Unit 19(D), that portion be-

tween and including

Cheeneetnuk and Gagaryah

River drainages, excluding that

portion within 2 miles of the

Swift River

RESIDENT HUNTERS:

1 antlered bull; or

Sept. 1 - Sept. 201 antlered bull by registration

permit

Sept. 1 - Sept. 25NONRESIDENT HUNTERS:

1 bull with 50-inch antlers or

antlers with 4 or more brow

tines on one side

Sept. 1 - Sept. 20Unit 19(D), that portion up-

stream of the Selatna River,

excluding the Black River

1 moose by registration permit

only; a person may not take a

cow accompanied by a calf

Feb. 1 - Last day of Feb.No open season.Remainder of Unit 19(D)

1 antlered bull; or

Sept. 1 - Sept. 20No open season.1 antlered bull by registration

permit

Sept. 1 - Sept. 25No open season.Unit 19(E), that portion

within the Lime Village

Management Area

2 bulls per regulatory

year; up to 28 bulls

may be taken by Tier II

subsistence hunting permit only;

up to 14 permits

may be issued

Aug. 10 - Sept. 25

(Subsistence hunt

only)

Nov. 20 - Mar. 31

(Subsistence hunt

only)

No open season.Remainder of Unit 19(E)

1 antlered bull by registration

permit only; up to 75 permits

may be issued

Sept. 1 - Sept. 10No open season.

(B) after June 30, 2025, the hunting seasons and bag limits for moose in Unit 19 are as follows:

Units and Bag Limits

Resident

Open Season

(Subsistence and

General Hunts)

Nonresident

Open Season

Unit 19(A)

RESIDENT HUNTERS:

1 antlered bull by Tier II

permit only; up to 300 permits

may be issued

Aug. 25 - Sept. 20NONRESIDENT HUNTERS:

No open season.Unit 19(B) within the Nonresi-

dent Closed Area

RESIDENT HUNTERS:

1 bull with spike-fork or 50-

inch antlers or antlers with 4

or more brow tines on one side

Sept. 1 - Sept. 20NONRESIDENT HUNTERS:

No open season.Remainder of Unit 19(B)

RESIDENT HUNTERS:

1 bull with spike-fork or 50-

inch antlers or antlers with 4

or more brow tines on one side

Sept. 1 - Sept. 20NONRESIDENT HUNTERS:

1 bull with 50-inch antlers

or antlers with 4 or more brow

tines on one side

Sept. 5 - Sept. 20Unit 19(C), that portion west

of the South Fork of the

Kuskokwim River, east of

the Windy Fork of the

Kuskokwim River and

north of a line between

62° 24.00' N. lat., 154° 7.00' W.

long and 62° 30.00' N. lat.,

153° 32.00' W. long.

RESIDENT HUNTERS:

1 bull with spike-fork or

50-inch antlers or antlers

with 4 or more brow tines

on one side by registration

permit only; or

Sept. 1 - Sept. 201 bull by registration permit

only

Feb. 1 - Last day of Feb.NONRESIDENT HUNTERS:

1 bull with 50-inch antlers or

antlers with 4 or more brow

tines on one side by drawing

permit only; up to 100 permits

may be issued

Sept. 1 - Sept. 20Remainder of Unit 19(C)

RESIDENT HUNTERS:

1 bull with spike-fork or

50-inch antlers or antlers with

4 or more brow tines on one

side; or

Sept. 1 - Sept. 201 bull by registration

permit only

Feb. 1 - Last day of Feb.NONRESIDENT HUNTERS:

1 bull with 50-inch

antlers or antlers with 4 or

more brow tines on one side

Sept. 1 - Sept. 20Unit 19(D), that portion be-

tween and including

Cheeneetnuk and Gagaryah

River drainages, excluding that

portion within 2 miles of the

Swift River

RESIDENT HUNTERS:

1 antlered bull; or

Sept. 1 - Sept. 201 antlered bull by registration

permit

Sept. 1 - Sept. 30NONRESIDENT HUNTERS:

1 bull with 50-inch antlers or

antlers with 4 or more brow

tines on one side

Sept. 1 - Sept. 20Unit 19(D), that portion

downstream of and including the

Selatna River, excluding that

portion between and including

the Cheeneetnuk and Gagaryah

River drainages, and including

that portion within 2 miles of the

Swift River

1 antlered bull; or

Sept. 1 - Sept. 20No open season.1 antlered bull by registration

permit only

Sept. 1 - Sept. 30No open season.Unit 19(D), that portion of the

Black River drainage within

2 miles of the Kuskokwim River

and that portion of the Selatna

River drainage north of Selatna

River within 2 miles

of the Kuskokwim River

1 antlered bull by registration

permit only; or

Sept. 1 - Sept. 30

No open season.1 antlerless moose by drawing

permit only; up to 20 cows may

be taken

Sept. 1 - Sept. 30

(General hunt only)

No open season.Unit 19(D), that portion 2 miles

on either side of the

Kuskokwim River from the

Selatna River upstream

to the confluence of the

South Fork and the North Fork

of the Kuskokwim River,

and 2 miles on either side of

the South Fork of the

Kuskokwim River from the

mouth to Nikolai, and 2 miles

on either side of the Takotna

River from the mouth to the

bridge at Takotna, excluding the

Black River drainage and

the Selatna River drainage

1 antlered bull by registration

permit only; or

Sept. 1 - Sept. 30No open season.1 antlerless moose by drawing

permit only; up to 20 cows

may be taken; or

Sept. 1 - Sept. 30

(General hunt only)No open season.1 moose by registration permit

only; a person may not take a

cow accompanied by a calf

Feb. 1 - Last day

of Feb.No open season.Unit 19(D), that portion of the

Black River drainage excluding

that portion within 2 miles of

the Kuskokwim River, and

that portion of the Selatna River

drainage north of the

Selatna River, and excluding

that portion within 2 miles of

the Kuskokwim River

1 antlered bull; or

Sept. 1 - Sept. 30No open season.1 antlered bull by registration

permit only; or

Sept. 1 - Sept. 30No open season.1 antlerless moose by drawing

permit only; up to 20 cows

may be taken

Sept. 1 - Sept. 30

(General hunt only)No open season.Unit 19(D), remainder

l antlered bull; or

Sept. 1 - Sept. 30No open season.l antlered bull by registration

permit only; or

Sept. 1 - Sept. 30No open season.1 antlerless moose by drawing

permit only; up to 20 cows may

be taken; or

Sept. 1 - Sept. 30

(General hunt only)No open season.1 moose by registration permit

only; a person may not take a

cow accompanied by a calf

Feb. 1 - Last day of Feb.No open season.Unit 19(E), that portion

within the Lime Village

Management Area

2 bulls per regulatory

year; up to 28 bulls

may be taken by Tier II

subsistence hunting permit

only; up to 14 permits

may be issued

Aug. 10 - Sept. 25

(Subsistence hunt only)

Nov. 20 - Mar. 31

(Subsistence hunt only)No open season.Remainder of Unit 19(E)

1 antlered bull by registration

permit only; up to 75 permits

may be issued

Sept. 1 - Sept. 10No open season.

Units and Bag Limits

Resident

Open Season

(Subsistence and

General Hunts)

Nonresident

Open Season

(18)

Unit 20(A), the Ferry Trail

Management Area, Wood River

Controlled Use Area, and the

Yanert Controlled Use Area

RESIDENT HUNTERS:

1 bull with spike-fork

antlers or 50-inch antlers or

antlers with 4 or more brow

tines on one side by

registration permit only; or

Sept. 1 - Sept. 251 antlerless moose by drawing

permit only; up to

2,000 permits may be issued in

combination with the Remainder

of Unit 20(A); a person may not

take a cow accompanied by a

calf; or

Aug. 15 - Nov. 15

(General hunt only)1 antlerless moose by

registration permit only;

a person may not take a cow

accompanied by a calf; or

Oct. 1 - Last day of Feb.1 bull by drawing permit

only; up to 1,000 permits may

be issued in combination with

the Remainder of Unit 20(A);

Sept. 1 - Sept. 25

(General hunt only)1 bull by drawing permit

only; by muzzleloader only;

up to 75 permits may be issued

in combination with nonresi-

dents in Unit 20(A); or

Nov. 1 - Dec. 15

(General hunt only)1 moose by targeted

permit only; by shotgun,

crossbow, or bow and arrow

only; up to 100 permits may be

issued

Season to be announced

by emergency order

(General hunt only)NONRESIDENT HUNTERS:

1 bull with 50-inch

antlers or antlers with 4

or more brow tines on one

side by registration permit

only; or

Sept. 1 - Sept. 251 bull with 50-inch

antlers or antlers with 4 or

more brow tines on one side,

by drawing permit only; by

muzzleloader only; up to 75

permits may be issued in com-

bination with residents in Unit

20(A);

Nov. 1 - Dec. 15Remainder of Unit 20(A)

RESIDENT HUNTERS:

1 bull with spike-fork

antlers or 50-inch antlers or

antlers with 3 or more brow

tines on one side by registration

permit only; or

Sept. 1 - Sept. 251 antlerless moose by

drawing permit only;

up to 2,000 permits may be

issued in combination with

Unit 20(A), the Ferry Trail

Management Area, Wood River

Controlled Use Area, and the

Yanert Controlled Use Area; a

person may not take a cow ac-

companied by a calf; or

Aug. 15 - Nov. 15

(General hunt only)1 antlerless moose by

registration permit only;

a person may not take a cow

accompanied by a calf; or

Aug. 25 - Last day of

Feb.1 bull by drawing permit

only; up to 1,000 permits may

be issued in combination with

Unit 20(A), the Ferry Trail

Management Area, Wood

River Controlled Use Area,

and the Yanert Controlled Use

Area; or

Sept. 1 - Sept. 25

(General hunt only)1 moose by targeted

permit only; by shotgun,

crossbow, or bow and arrow

only; up to 100 permits may be

issued

Season to be announced

by emergency order

(General hunt only)NONRESIDENT HUNTERS:

1 bull with 50-inch

antlers or antlers with

4 or more brow tines on

one side by registration

permit only; or

Sept. 1 - Sept. 25Unit 20(B), that portion

within Creamer's Refuge

1 bull with spike-fork

or greater antlers by

registration permit only;

by bow and arrow only; or

Sept. 1 - Sept. 30

(General hunt only)

Nov. 21 - Nov. 27

(General hunt only)

Sept. 1 - Sept. 30

Nov. 21 - Nov. 271 antlerless moose by bow and

arrow only by drawing

permit only; up to 150

bow and arrow permits may be

issued in the Fairbanks Man-

agement Area; a recipient of a

drawing permit is prohibited

from taking an antlered bull

moose in the Fairbanks Man-

agement Area; or

Sept. 1 - Nov. 27

(General hunt only)Sept. 1 - Nov. 271 antlerless moose by muzzle-

loader by drawing permit only;

up to 10 permits may be

issued; a recipient of a drawing

permit is prohibited from

taking an antlered bull moose in

the Fairbanks Management

Area

Dec. 1 - Jan. 31

(General hunt only)No open season.Unit 20(B), remainder of the

Fairbanks Management Area

1 bull with spike-fork

or greater antlers by registration

permit only; by bow and

arrow only; or

Sept. 1 - Sept. 30

(General hunt only)

Nov. 21 - Nov. 27

(General hunt only)Sept. 1 - Sept. 30Nov. 21 - Nov. 271 moose by targeted

permit only; by shotgun

or bow and arrow only;

up to 100 permits may be is-

sued

Season to be

announced

by emergency order

(General hunt only)No open season.Unit 20(B), that portion within

the Minto Flats Management

Area

RESIDENT HUNTERS:

1 bull by registration permit

only; or

Aug. 21 - Aug. 27

(Subsistence hunt only)1 bull with spike-fork

antlers or 50-inch antlers or

antlers with 3 or more brow

tines on one side by registration

permit only; or

Sept. 8 - Sept. 251 antlerless moose by

registration permit only

Oct. 15 - Feb. 28

(Subsistence hunt only)NONRESIDENT HUNTERS:

1 bull with 50-inch

antlers or antlers with 4 or

more brow tines on one side by

drawing permit only; up to 8

permits may be issued

Sept. 8 - Sept. 25Unit 20(B), the drainage of the

Middle Fork of the Chena

River

RESIDENT HUNTERS:

1 antlerless moose

by drawing permit only;

up to 300 permits may be is-

sued; a person may not take a

cow accompanied by a calf; or

Aug. 15 - Nov. 15

(General hunt only)1 antlerless moose by

registration permit only;

a person may not take a cow

accompanied by a calf; or

Oct. 1 - Last day of Feb.

(General hunt only)1 bull by registration permit

only; or

Sept. 1 - Sept. 251 bull by registration permit

only; by bow and arrow only

Sept. 26 - Sept. 30NONRESIDENT HUNTERS:

1 bull with 50-inch antlers or

antlers with 4 or more brow

tines on at least one side by

registration permit only; or

Sept. 1 - Sept. 251 bull by registration permit

only; by bow and arrow only

Sept. 26 - Sept. 30Unit 20(B), that portion of the

Salcha River drainage up-

stream from and including

Goose Creek

RESIDENT HUNTERS:

1 bull by registration permit

only; or

Sept. 1 - Sept. 251 bull by registration permit

only; by bow and arrow only

Sept. 26 - Sept. 30NONRESIDENT HUNTERS:

1 bull with 50-inch antlers or

antlers with 4 or more brow

tines on at least one side by

registration permit only; or

Sept. 1 - Sept. 25l bull by registration permit only;

by bow and arrow only

Sept. 26 - Sept. 30Unit 20(B), that portion south-

east of the Moose Creek dike

within one-half mile of each

side of the Richardson High-

way

RESIDENT HUNTERS:

1 bull by registration permit

only; or

Sept. 1 - Sept. 151 moose by drawing

permit only; by

crossbow, bow and arrow, or

muzzleloader only; up to 100

permits may be issued; or

Sept. 16 - Last day of

Feb.

(General hunt only)1 moose by targeted

permit only; by shotgun, cross-

bow, or bow and arrow

only; up to 100 permits may be

issued

Season to be announced

by emergency order

(General hunt only)NONRESIDENT HUNTERS:

1 bull with 50-inch antlers or

antlers with 4 or more brow

tines on one side by

registration permit only

Sept. 5 - Sept. 15 Remainder of Unit 20(B)

RESIDENT HUNTERS:

1 antlerless moose by

drawing permit only; by youth

hunt only; up to 200 permits

may be issued; or

Aug. 5 - Aug. 14

(General hunt only)1 bull by registration permit

only; or

Sept. 1 - Sept. 151 antlerless moose by

drawing permit only; up to

1,500 permits may be issued in

the Remainder of Unit 20(B); a

person may not take a cow ac-

companied by a calf; or

Aug. 15 - Nov. 15

(General hunt only)1 antlerless moose

by registration permit only;

a person may not take a cow

accompanied by a calf; or

Oct. 1 - Last day of Feb.1 moose by targeted

permit only; by shotgun, cross-

bow, or bow and arrow

only; up to 100 permits may be

issued

Season to be announced

by emergency order

(General hunt only)NONRESIDENT HUNTERS:

1 bull with 50-inch antlers or

antlers with 4 or more brow

tines on one side by

registration permit only

Sept. 5 - Sept. 15Unit 20(C)

RESIDENT HUNTERS:

1 bull by youth hunt only; or

by registration permit only; or

Aug. 25 - Aug. 311 bull by registration permit

only

Sept. 1 - Sept. 25NONRESIDENT HUNTERS:

1 bull with 50-inch antlers

or antlers with 4 or more brow

tines on one side by

registration permit only

Sept. 1 - Sept. 25Unit 20(D), that portion lying

south of the north bank of the

Tanana River and east of the

west bank of the Johnson

River, except that portion

within the Robertson River

drainage south of the conflu-

ence of the east and west

forks, and within one mile

west of the west fork

1 bull by registration permit

only

Sept. 1 - Sept. 15No open season.Unit 20(D), that portion within

the Robertson River drainage

south of the confluence of the

east and west forks, and

within one mile west of the

west fork

RESIDENT HUNTERS:

1 bull by registration permit

only

Sept. 1 - Sept. 15NONRESIDENT HUNTERS:

1 bull with 50-inch antlers

or antlers with 4 or more brow

tines on one side by

registration permit only

Sept. 5 - Sept. 15Unit 20(D), that portion lying

west of the west bank of the

Johnson River and south of the

north bank of the Tanana

River, except the Delta Junc-

tion Management Area and the

Bison Range Controlled

Use Area

RESIDENT HUNTERS:

1 bull with spike-fork or

50-inch antlers or

antlers with 4 or more brow

tines on one side by

registration permit only; or

Sept. 1 - Sept. 15

(General hunt only)1 bull by drawing permit only; orSept. 1 - Sept. 15

(General hunt only)

1 bull per lifetime of a

hunter; by youth hunt

drawing permit only; up to 10

permits may be issued in

combination with those portions

in the Delta .Junction Management

Area and the Bison Range

Controlled Use Area; or

Sept. 16 - Sept. 25

(General hunt only)1 antlerless moose per lifetime

of a hunter; by youth hunt

drawing permit only; up to 100

permits may be issued may be

issued in combination with those

portions in the Delta Junction

Management Area and the Bison

Range Controlled Use Area;

a person may not take a

calf or a cow accompanied

by a calf;

Sept. 16 - Sept. 25

(General hunt only)1 antlerless moose by

registration permit only;

a person may not take a calf or

a cow accompanied by a calf

Oct. 10 - Nov. 25

(General hunt only)NONRESIDENT HUNTERS:

1 bull with 50-inch antlers

or antlers with 4 or more brow

tines on one side by

registration permit only;

Sept. 5 - Sept. 15 Unit 20(D), that portion within

the Bison Range Controlled

Use Area

1 bull per lifetime of a

hunter by youth hunt

drawing permit only; up to 10

permits may be issued in

combination with those portions in

Unit 20(D) lying west of the west

bank of the Johnson River and

south of the north bank of the

Tanana River and the Delta

Junction Management Area; or

Sept. 16 - Sept. 25

(General hunt only)No open season.1 antlerless moose, per lifetime

of a hunter by youth hunt

drawing permit only; up to 100

permits may be issued in Unit

20(D) lying west of the west

bank of the Johnson River and

south of the north bank of the

Tanana River and the Delta

Junction Management Area; a

a person may not take a calf

or a cow accompanied by

a calf;

Sept. 16 - Sept. 25No open season.Unit 20(D), that portion within

the Delta Junction Manage-

ment Area

RESIDENT HUNTERS:

1 bull per lifetime of a

hunter by youth hunt

drawing permit only; up to 10

permits may be issued in

combination with Unit 20(D)

lying west of the west bank

of the Johnson River and south

of the north bank of the Tanana

River and the Bison Range

Controlled Use Area; or

Sept. 16 - Sept. 25

(General hunt only)1 antlerless moose per lifetime

of a hunter by youth hunt

drawing permit only; up to 100

permits may be issued Unit

20(D) lying west of the west

bank of the Johnson River and

south of the north bank of the

Tanana River and the Bison

Range Controlled Use Area;

a person may not take a calf

or a cow accompanied by a calf;

Sept. 16 - Sept. 25

(General hunt only)1 moose every four regulatory

years by drawing permit only;

a person may not take a calf or

a cow accompanied by a calf;

Sept. 1 - Sept. 15

(General hunt only)1 bull with spike-fork or 50-

inch antlers or antlers

with 4 or more brow tines on

one side by drawing permit

only; up to 30 permits may be

issued; or

Sept. 1 - Sept. 15

(General hunt only)1 antlerless moose by

registration permit only;

a person may not take a calf or

a cow accompanied by a calf

Oct. 10 -Nov. 25

(General hunt only)NONRESIDENT HUNTERS:

1 moose every four regulatory

years by drawing permit only;

a person may not take a calf or

a cow accompanied by a calf;

Sept. 1 - Sept. 151 bull with 50-inch

antlers or antlers with 4 or

more brow tines on one side by

drawing permit only; up to 30

permits may be issued

Sept. 1 - Sept. 15Unit 20(D), that portion

within the Healy River

drainage

RESIDENT HUNTERS:

1 spike-fork bull by

registration permit only; or

Aug. 15 - Aug. 281 bull by registration permit

only;

Sept. 1 - Sept. 20NONRESIDENT HUNTERS:

1 bull by registration permit

only;

Sept. 1 - Sept. 20Unit 20(D), that portion

lying north of the north bank

of the Tanana River and drain-

ing into the Volkmar River

east to include the Billy Creek

drainage, excluding that por-

tion within the Healy River

drainage

Sept. 1 - Sept. 20Sept. 1 - Sept. 201 bull by registration permit only;

Sept. 1 - Sept. 20Sept. 1 - Sept. 20Remainder of Unit 20(D)

1 bull by registration permit only;

Sept. 1 - Sept. 15Sept. 1 - Sept. 15Unit 20(E), that portion within

the Ladue River Controlled

Use Area including the East

Fork of the Dennison but

excluding the remaining portion

of the Dennison Fork of the

Fortymile River and excluding

that portion within the Ladue

River drainage upstream of the

South Fork of the Ladue River

RESIDENT HUNTERS:

1 bull by registra-

tion permit only; or

Aug. 24 - Aug. 28

Sept. 8 - Sept. 171 antlered bull by drawing permit

only; up to 100

permits may be issued

Nov. 1 - Dec. 10

(General hunt only)NONRESIDENT HUNTERS:

1 bull with 50-inch antlers

or antlers with 4 or more

brow tines on

one side by registra-

tion permit only

Sept. 8 - Sept. 17Unit 20(E), the remainder of

the Ladue River Controlled

Use Area

RESIDENT HUNTERS:

1 bull by registration

permit only; or

Aug. 24 - Aug. 28

Sept. 8 - Sept. 171 antlered bull by drawing permit

only; up to 100 permits

may be issued

Nov. 1 - Dec. 10

(General hunt only)NONRESIDENT HUNTERS:

1 bull with 50-inch antlers

or antlers with 4 or more

brow tines on one side by

registration permit only

Sept. 8 - Sept. 17Unit 20(E), that portion outside

of the Ladue River Controlled

Use Area draining into the

Ladue River upstream of the

South Fork of the Ladue River,

the Dennison Fork of the

Fortymile River, and the

Mosquito Fork of the Fortymile

River drainage

RESIDENT HUNTERS:

1 bull by registration

permit only

Aug. 24 - Aug. 28

Sept. 8 - Sept. 17NONRESIDENT HUNTERS:

1 bull with 50-inch antlers

or antlers with 4 or more

brow tines on one side by

registration permit only

Sept. 8 - Sept. 17Unit 20(E), that portion

draining into the Middle Fork

of the Fortymile River up-

stream from and including the

Joseph Creek drainage

RESIDENT HUNTERS:

1 bull

Aug. 24 - Aug. 28

Sept. 8 - Sept. 17NONRESIDENT HUNTERS:

1 bull with 50-inch antlers or

antlers with 4 or more brow

tines on one side

Sept. 8 - Sept. 17Remainder of Unit 20(E)

RESIDENT HUNTERS:

1 bull by registration

permit only

Aug. 24 - Aug. 28

Sept. 8 - Sept. 17NONRESIDENT HUNTERS:

Sept. 8 - Sept. 171 bull with 50-inch antlers or

antlers with 4 or more brow

tines on one side by registra-

tion permit only

Unit 20(F), that portion

drained by the Yukon River

downstream from, but not in-

cluding, the Hess Creek and

Tanana River drainages

1 bull by registration permit

only;Sept. 5 - Sept. 25

Dec. 1 - Dec. 15

No open season.Unit 20(F), that portion

drained by the Tanana River

1 bull by registration permit

only;

Sept. 5 - Sept. 25No open season.Remainder of Unit 20(F)

1 bull by registration permit

only;

Sept. 1 - Sept. 15No open season. (19)

Unit 21(A)

RESIDENT HUNTERS:

1 antlered bull by registration

permit only

Sept. 5 - Sept. 25NONRESIDENT HUNTERS:

1 bull with 50-inch antlers

or antlers with 4 or more brow

tines on one side by registra-

tion only

Sept. 5 - Sept. 25Unit 21(B), that portion within

the Nowitna River drainage

upstream from the Little Mud

River drainage and outside a

corridor extending two miles

on either side of and including

the Nowitna River

RESIDENT HUNTERS:

1 bullAug. 22 - Aug. 31

Sept. 5 - Sept. 25

NONRESIDENT HUNTERS:

1 bull with 50-inch

antlers or antlers with 4

or more brow tines on one

sideSept. 5 - Sept. 25Remainder of Unit 21(B)

RESIDENT HUNTERS:

1 bull, by registration

permit only; or

Aug. 22 - Aug. 31

Sept. 5 - Sept. 251 bull, by drawing permit

only; up to 300 permits

may be issued in Unit 21(B)

Sept. 5 - Sept. 25

(General hunt only)NONRESIDENT HUNTERS:

1 bull with 50-inch antlers or

antlers with 4 or more brow

tines on one side, by drawing

permit only; up to 300 permits

may be issued in Unit 21(B)

Sept. 5 - Sept. 25Unit 21(C), that portion within

the Dulbi River drainage

RESIDENT HUNTERS:

1 bull, by registration

permit only

Sept. 5 - Sept. 25NONRESIDENT HUNTERS:

1 bull with 50-inch antlers

Sept. 5 - Sept. 25or antlers with 4 or more brow

tines on one side, by registra-

tion permit only;

Remainder of Unit 21(C)

RESIDENT HUNTERS:

1 bull

Sept. 5 - Sept. 25NONRESIDENT HUNTERS:

1 bull with 50-inch antlers

or antlers with 4 or more brow

tines on one side

Sept. 5 - Sept. 25Unit 21(D), that portion within

the Koyukuk Controlled Use

Area

RESIDENT HUNTERS:

1 bull by registration permit

only; or

Sept. 1 - Sept. 251 bull by drawing

permit only; up to 320 permits

may be issued in combination

with Unit 24, that portion

within the Koyukuk Controlled

Use Area

Sept. 5 - Sept. 25

(General hunt only)NONRESIDENT HUNTERS:

1 bull with 50-inch antlers

or antlers with 4 or more brow

tines on one side

by drawing permit; up to 80

permits may be issued in com-

bination with Unit 24, that

portion within the Koyukuk

Controlled Use Area

Sept. 5 - Sept. 25Unit 21(D), that portion south

of the South bank of the Yukon

River, downstream of the up-

river entrance of Kala Slough

and west of Kala Creek

RESIDENT HUNTERS:

1 bull, by registration permit

only; or

Aug. 22 - Aug. 31

Sept. 5 - Sept. 251 bull by drawing permit only;

up to 600 permits may be is-

sued in combination with Unit

21(D) remainder; or

Sept. 5 - Sept. 251 moose, by registration

permit only, up to 15 days

during March, however, a per-

son may not take a cow accom-

panied by a calf

(Season to

be announced)NONRESIDENT HUNTERS:

1 bull with 50-inch antlers or

antlers with 4 or more brow

tines on one side, by drawing

permit only; up to 600 permits

may be issued in combination

with Unit 21(D) remainder

Sept. 5 - Sept. 25Remainder of Unit 21(D)

RESIDENT HUNTERS:

1 bull, by registration

permit only; or

Aug. 22 - Aug. 31

Sept. 5 - Sept. 251 bull, by drawing

permit only; up to

600 permits may be issued in

combination with

Unit 21(D) that portion south

of the South bank of the

Yukon River, downstream

of the up-river entrance of

Kala Slough and west of Kala

Creek

Sept. 5 - Sept. 25

(General hunt only)NONRESIDENT HUNTERS:

1 bull with 50-inch antlers

or antlers with 4 or more brow

tines on one side, by drawing

permit only; up to 600 permits

may be issued in combination

with Unit 21(D) that portion

south of the South bank of the

Yukon River, downstream of

the up-river entrance of Kala

Slough and west of Kala Creek

Sept. 5 - Sept. 25Unit 21(E)

RESIDENT HUNTERS:

1 antlered bull by registration

permit only; or

Sept. 1 - Sept. 251 moose by registration permit

only, a person may not take

a cow accompanied by a calf

Feb. 15 - Mar. 15No open season.NONRESIDENT HUNTERS:

1 bull with 50-inch antlers

or antlers with 4 or more brow

tines on one side, by drawing

permit only; up to 100 permits

may be issued;

Sept. 5 - Sept. 25 (20)

Unit 22(A), that portion in the

Unalakleet River drainage and all

drainages flowing into Norton Sound

north of the Golsovia River drainage

and south of and including the

Egavik Creek drainage

RESIDENT HUNTERS:

1 bull

Aug. 1 - Sept. 30NONRESIDENT HUNTERS:

Sept. 1 - Sept. 201 bull with 50-inch antlers

or antlers with 4 or more brow

tines on one side

Unit 22(A), that portion in the

Unalakleet River drainage and

all drainages flowing into Nor-

ton Sound north of the

Golsovia River drainage and

south of and including the

Egavik Creek drainage

1 bull by

registration permit

only; or

Aug. 1 - Sept. 30No open season.1 antlered bull by registration

permit only;

Dec. 1 - last day

of Feb.No open season.Remainder of Unit 22(A)

RESIDENT HUNTERS:

1 bull; or

Aug. 1 - Sept. 301 antlered bull

Jan. 1 - Jan. 31NONRESIDENT HUNTERS:

1 bull with 50-inch antlers or

antlers with 4 or more brow

tines on one side

Sept. 1 - Sept. 30Unit 22(B), East, that portion

east of the Darby Mountains,

and including the drainages of

the Kwiniuk, Tubutulik,

Koyuk, and Inglutalik Rivers

RESIDENT HUNTERS:

1 bull; or

Aug. 1 - Sept. 301 antlered bull

Nov. 1 - Dec. 31NONRESIDENT HUNTERS:

1 bull with 50-inch antlers or

antlers with 4 or more brow

tines on one side by drawing

permit only; up to 10 permits

may be issued

Nov. 1 - Dec. 31Remainder of Unit 22(B)

RESIDENT HUNTERS:

1 bull by registration

permit only; or

Sept. 1 - Sept. 141 antlered bull by registration

permit only

Jan. 1 - Jan. 31NONRESIDENT HUNTERS:

No open season.Unit 22(C)

RESIDENT HUNTERS:

1 bull by registration permit

only; or

Sept. 1 - Sept. 141 antlered bull by registration

permit only; during the

period Jan. 1 - Jan. 31, a

season may be announced

by emergency order

Jan. 1 - Jan. 31

(To be announced)NONRESIDENT HUNTERS:

1 bull with 50-inch antlers

or antlers with 4 or more brow

tines on one side by registra-

tion permit only

Sept. 1 - Sept. 14Unit 22(D), that portion within

the Kougarok, Kuzitrin, and

Pilgrim River drainages

RESIDENT HUNTERS:

1 bull by registration

permit only; or

Sept. 1 - Sept. 141 antlered bull by registration

permit only; during the period

Jan. 1 - Jan. 31, a season may

be announced by emergency

order

Jan. 1 - Jan. 31

(To be announced)NONRESIDENT HUNTERS:

No open season.Unit 22(D) Southwest, that

portion west of the Tisuk River

drainage, west of the west

bank of the unnamed creek

originating at the unit bound-

ary opposite the headwaters of

McAdam's Creek to its conflu-

ence with Canyon Creek, and

west of the west bank of Can-

yon Creek to its confluence

with Tuksuk Channel

1 bull by registration

permit only; or

Sept. 1 - Sept. 141 antlered bull by registration

permit only; during the period

Jan. 1 - Jan. 31, a season may

be announced by emergency

order

Jan. 1 - Jan. 31

(To be announced)NONRESIDENT HUNTERS:

No open season.Remainder of Unit 22(D)

RESIDENT HUNTERS:

1 bull moose by registration

permit only; only antlered

bull moose may be taken from

Dec. 1 - Jan. 31;

Aug. 10 - Sept. 14

Dec. 1 - Jan. 31

(Season to be an-

nounced)NONRESIDENT HUNTERS:

No open season.Unit 22(E)

RESIDENT HUNTERS:

1 bull; or

Aug. 1 - Dec. 311 antlered bull

Jan. 1 - Mar. 15NONRESIDENT HUNTERS:

1 bull with 50-inch antlers or

antlers with 4 or more brow tines

on one side by drawing permit

only; up to 25 permits may be

issued

Sept. 1 - Sept. 14 (21)

Unit 23, that portion north of

and including the Singoalik

River drainage

RESIDENT HUNTERS:

1 antlered bull moose

by registration permit only;

July 1 - Dec. 311 bull with 50-inch antlers

or antlers with 4 or more brow

tines on one side

Sept. 1 - Sept. 20NONRESIDENT HUNTERS:

1 bull with

50-inch antlers or antlers with

4 or more brow tines on one

side by drawing permit only;

up to 125 permits may be is-

sued in all of Unit 23

Sept. 1 - Sept. 20Remainder of Unit 23

RESIDENT HUNTERS:

1 antlered bull moose

by registration permit only;

Aug. 1 - Dec. 311 bull with 50-inch antlers

or antlers with 4 or more brow

tines on one side

Sept. 1 - Sept. 20NONRESIDENT HUNTERS:

1 bull with 50-inch antlers or

antlers with 4 or more brow

tines on one side by drawing

permit only; up to 125 permits

may be issued in all of Unit 23

Sept. 1 - Sept. 20 (22)

Unit 24(A), that portion in the

Dalton Highway Corridor Man-

agement Area

RESIDENT HUNTERS:

1 bull, by drawing permit;

up to 70 permits may be issued

in combination with Unit

25(A), that portion within the

Dalton Highway Corridor Man-

agement Area

Sept. 1 - Sept. 25

(General hunt only)NONRESIDENT HUNTERS:

1 bull with 50-inch antlers or

antlers with 4 or more brow

tines on one side, by drawing

permit only; up to 70 permits

may be issued in combination

with Unit 25(A), that portion

within the Dalton Highway

Corridor Management Area

Sept. 5 - Sept. 25Remainder of Unit 24(A)

RESIDENT HUNTERS:

1 bull

Sept. 1 - Sept. 25NONRESIDENT HUNTERS:

1 bull with 50-inch antlers or

antlers with 4 or more brow

tines on one side

Sept. 5 - Sept. 25Unit 24(B), that portion within

the Kanuti Controlled Use

Area

RESIDENT HUNTERS:

1 bull; or

Sept. 1 - Oct. 11 antlered bull by

registration permit only

Dec. 15 - Apr. 15NONRESIDENT HUNTERS:

1 bull with 50-inch antlers or

antlers with 4 or more brow

tines on one side

Sept. 5 - Sept. 25Remainder of Unit 24(B)

RESIDENT HUNTERS:

1 bull; or

Sept. 1 - Sept. 251 antlered bull by registration

permit only

Dec. 15 - Apr. 15NONRESIDENT HUNTERS:

1 bull with 50-inch antlers or

antlers with 4 or more brow

tines on one side

Sept. 5 - Sept. 25Unit 24(C), that portion within

the Koyukuk Controlled Use

Area

RESIDENT HUNTERS:

1 bull, by registration permit

only; or

Sept. 1 - Sept. 251 bull by drawing permit only;

up to 320 permits may be is-

sued in combination with

Units 21(D) and 24(D), those

portions within the Koyukuk

Controlled Use Area; or

Sept. 5 - Sept. 25

(General hunt only)1 antlered bull,

by registration permit

only

Dec. 15 - Apr. 15NONRESIDENT HUNTERS:

1 bull with 50-inch antlers or

antlers with 4 or more brow

tines on one side, by drawing

permit only; up to 80 permits

may be issued in combination

with Units 21(D) and 24(D),

those portions within the

Koyukuk Controlled Use Area

Sept. 5 - Sept. 25Remainder of Unit 24(C)

RESIDENT HUNTERS:

1 bull, by registration

permit only; or

Sept. 5 - Sept. 251 antlered bull, by registration

permit only

Dec. 15 - Apr. 15NONRESIDENT HUNTERS:

1 bull with 50-inch antlers or

antlers with 4 or more brow

tines on one side, by registra-

tion permit only;

Sept. 5 - Sept. 25Unit 24(D), that portion within

the Koyukuk Controlled Use

Area

RESIDENT HUNTERS:

1 bull, by registration

permit only; or

Sept. 1 - Sept. 251 bull, by drawing permit only;

up to 320 permits may be is-

sued in combination with

Units 21(D) and 24(C), those

portions within the Koyukuk

Controlled Use Area; or

Sept. 5 - Sept. 25

(General hunt only)1 bull

Dec. 1 - Dec. 10NONRESIDENT HUNTERS:

Sept. 5 - Sept. 251 bull with 50-inch antlers or

antlers with 4 or more brow

tines on one side, by drawing

permit only; up to 80 permits

may be issued in combination

with Units 21(D) and 24(C),

those portions within the

Koyukuk Controlled Use Area

Unit 24(D), that portion west

of the Koyukuk Controlled Use

Area

RESIDENT HUNTERS:

1 bull, by registration permit

only; or

Sept. 5 - Sept. 251 bull, by drawing permit only;

up to 450 permits may be is-

sued in Unit 24 outside the

Koyukuk Controlled Use Area

Sept. 5 - Sept. 25

(General hunt only)NONRESIDENT HUNTERS:

1 bull with 50-inch antlers or

antlers with 4 or more brow

tines on one side, by drawing

permit only; up to 450 permits

may be issued in Unit 24 out-

side the Koyukuk Controlled

Use Area

Sept. 5 - Sept. 25Remainder of Unit 24(D)

RESIDENT HUNTERS:

1 bull, by registration

permit only

Sept. 5 - Sept. 25NONRESIDENT HUNTERS:

Sept. 5 - Sept. 251 bull with 50-inch antlers or

antlers with 4 or more brow

tines on one side, by registra-

tion permit only

(23)

Unit 25(A), that portion within

the Dalton Highway Corridor

Management Area

RESIDENT HUNTERS:

1 bull, by drawing permit; up

to 70 permits may be issued in

combination with Unit 24, that

portion within the Dalton

Highway Corridor Manage-

ment Area

Sept. 1 - Sept. 25NONRESIDENT HUNTERS:

1 bull with 50-inch antlers

or antlers with 4 or more brow

tines on one side by drawing

permit only; up to 70 permits

may be issued in combination

with Unit 24, that portion

within the Dalton Highway

Corridor Management Area

Sept. 5 - Sept. 25Remainder of Unit 25(A)

RESIDENT HUNTERS:

1 bull

Sept. 5 - Sept. 25NONRESIDENT HUNTERS:

1 bull with 50-inch

antlers or antlers with 4 or

more brow tines on one side

Sept. 5 - Sept. 25Unit 25(B), that portion within

the Porcupine River drainage

upstream from but excluding

the Coleen River drainage

RESIDENT HUNTERS:

1 bullSept. 10 - Sept. 25

(General hunt only)

NONRESIDENT HUNTERS:

1 bull with 50-inch

antlers or antlers with 4 or

more brow tines on one side

Sept. 10 - Sept. 25Remainder of Unit 25(B)

RESIDENT HUNTERS:

1 bull per regulatory year,

only as follows:

1 bull; orSept. 5 - Sept. 25

Dec. 1 - Dec. 15

1 bull per communitySept. 5 - Sept. 25

(Subsistence hunt

only)

Dec. 1 - Dec. 15

(Subsistence hunt only)

NONRESIDENT HUNTERS:

1 bull with 50-inch

antlers or antlers with 4 or

more brow tines on one side

Sept. 5 - Sept. 25Unit 25(C)

RESIDENT HUNTERS:

1 bull by registration permit

only;

Sept. 1 - Sept. 15NONRESIDENT HUNTERS:

1 bull with 50-inch antlers or

antlers with 4 or more brow

tines on one side by registration

permit only;

Sept. 5 - Sept. 15Unit 25(D), that portion lying

west of a line extending from

the Unit 25(D) boundary on

Preacher Creek, then down-

stream along the west banks of

Preacher Creek, Birch Creek,

and Lower Mouth Birch Creek

to the Yukon River, then down-

stream along the north bank of

the Yukon River (including is-

lands) to the confluence of the

Hadweenzik River, then up-

stream along the west bank of

the Hadweenzik River to the

confluence of Forty and One-

Half Mile Creek, then up-

stream along Forty and One-

Half Mile Creek to Nelson

Mountain on the Unit 25(D)

boundary

1 bull per regulatory

year by Tier II

subsistence hunting

permit only; up to 125

permits may be issued

Aug. 25 - Feb. 28

(Subsistence hunt

only)No open season.Remainder of Unit 25(D)

RESIDENT HUNTERS:

1 bull per regulatory

year, only as follows:

1 bull; orSept. 10 - Sept. 20

Feb. 18 - Feb. 28

1 bull per community

harvest report by

community harvest permit

in an established

community harvest area

Sept. 10 - Sept. 20

(Subsistence hunt

only)

Feb. 18 - Feb. 28

(Subsistence hunt only)NONRESIDENT HUNTERS:

1 bull with 50-inch antlers

or antlers with 4 or more brow

tines on one side

Sept. 10 - Sept. 20 (24)

Unit 26(A), that portion in the

Colville River drainage up-

stream from and including the

Anaktuvuk River drainage

1 bull; or

Aug. 1 - Sept. 30No open season.1 bull by drawing permit only;

up to 40 permits may be is-

sued; 20 percent of the permits

may be issued to nonresident

hunters; or

Sept. 1 - Sept. 14Sept. 1 - Sept. 141 antlered bull

Feb. 15 - Apr. 15No open season.Unit 26(A), that portion west

of the eastern shore of

Admiralty Bay where the

Alaktak River enters,

following the Alaktak

River to 155° 00' W.

longitude excluding the

Colville River drainage

1 moose; a person may not

take a calf or a cow accompanied

by a calf

July 1 - Sept. 14No open season.Remainder of Unit 26(A)

1 bull

Aug. 1 - Sept. 30No open season.Unit 26(B), excluding the Can-

ning River drainage

RESIDENT HUNTERS:

Sept. 1 - Sept. 141 bull by drawing permit

only; up to 30 permits may

be issued; or

1 bull; during the

period Feb. 15 - April 15, up to

a 14-day season may be an-

nounced by emergency order

(To be announced)NONRESIDENT HUNTERS:

No open season.Remainder of Unit 26(B)

No open season.No open season.Unit 26(C), that portion in the

drainages of Firth River and

Mancha Creek and the upper

Kongakut River, upstream

from and including Drain

Creek

RESIDENT HUNTERS:

1 bull by drawing permit only;

up to 30 permits may be is-

sued;

Sept. 1 - Sept. 25NONRESIDENT HUNTERS:

1 bull with 50-inch

antlers or antlers with 4 or

more brow tines on at least

one side, by drawing permit

only; up to 30 permits may be

issued;

Sept. 1 - Sept. 25Remainder of Unit 26(C)

No open season.No open season.

(b) Repealed 6/16/91.

History

Authority: AS 16.05.060; AS 16.05.258; AS 16.05.780 AS 16.05.255; AS 16.05.330; AS 16.05.789
Eff. 8/20/89, Register 111; am 12/30/89, Register 112; am 8/9/90, Register 115; am 12/27/90, Register 116; am 6/16/91, Register 118; am 8/10/91, Register 119; am 6/26/92, Register 123; am 7/1/92, Register 122; am 7/17/92, Register 123; am/readopt 5/13/93, Register 126; am 7/1/93, Register 126; am 11/10/93, Register 128; am 7/7/94, Register 131; am 8/25/94, Register 131; em am 9/23/94 - 1/20/95, Register 131; em am 11/9/94 - 3/8/95, Register 132; am 7/16/95, Register 135; am 8/4/95, Register 135; em am 2/14/96 - 6/13/96, Register 137; am 6/28/96, Register 138; am 8/1/96, Register 139; am 7/26/97, Register 143; am 7/1/98, Register 146; add'l am 7/1/98, Register 146; em am 8/31/98 - 12/28/98, Register 147; em am 2/17/99 - 6/16/99, Register 149; am 7/1/99, Register 150; am 7/1/2000, Register 154; add'l am 7/1/2000, Register 154; am 1/1/2001, Register 156; em am 9/28/2000 - 1/25/2001, Register 156; am 7/1/2001, Register 158; add'l am 7/1/2001, Register 158; am 8/22/2001, Register 159; am 10/26/2001, Register 160; em am 9/27/2001 - 10/6/2001, Register 160; am 7/1/2002, Register 162; add'l am 7/1/2002, Register 162; em am 8/23/2002 - 12/20/2002, Register 163; am 12/5/2002, Register 164; am 7/1/2003, Register 166; add'l am 7/1/2003, Register 166; am 7/1/2004, Register 170; add'l am 7/1/2004, Register 170; am 11/1/2004, Register 172; am 12/30/2004, Register 172; am 7/1/2005, Register 174; add'l am 7/1/2005, Register 174; am 7/1/2006, Register 178; add'l am 7/1/2006, Register 178; am 12/1/2006, Register 180; am 7/1/2007, Register 182; add'l am 7/1/2007, Register 182; em am 2/22/2008 - 3/2/2008, Register 185; am 7/1/2008, Register 186; add'l am 7/1/2008, Register 186; em am 7/3/2008 - 10/30/2008, Register 187; am 7/1/2009, Register 190; add'l am 7/1/2009, Register 190; am 7/1/2010, Register 194; add'l am 7/1/2010, Register 194; em am 8/22/2010 - 11/29/2010, Register 195; am 7/1/2011, Register 198; 1st add'l am 7/1/2011, Register 198; 2nd add'l am 7/1/2011, Register 198; am 12/25/2011, Register 200; am 2/11/2012, Register 201; am 7/1/2012, Register 202; am 7/1/2013, Register 206; 1st add'l am 7/1/2013, Register 206; 2nd add'l am 7/1/2013, Register 206; am 7/1/2014, Register 210; 1st add'l am 7/1/2014, Register 210; 2nd add'l am 7/1/2014, Register 210; 3rd add'l am 7/1/2014, Register 210; am 7/1/2015, Register 214; add'l am 7/1/2015, Register 214; am 7/1/2016, Register 218; am 7/1/2017, Register 222; 1st add'l am 7/1/2017, Register 222, 2nd add'l am 7/1/2017, Register 222; am 7/1/2018, Register 226; am 7/1/2019, Register 230; add'l am 7/1/2019, Register 230; am 7/1/2020, Register 234; add'l am 7/1/2020, Register 234; am 6/24/2021, Register 238; am 6/23/2022, Register 242; add'l am 6/23/2022, Register 242; am 7/28/2023, Register 247; am 7/7/2024, Register 251; am 8/10/2024, Register 251; am 7/1/2025, Register 254; add'l am 7/1/2025, Register 254

5 AAC 85.050 Hunting seasons and bag limits for musk oxen {#sec-5-aac-85.050 omnilex-key=us-ak-regs-official--title-5--5 AAC 85.050}

Units and Bag Limits

Resident

Open Season

(Subsistence and

General Hunts)

Nonresident

Open Season

(1)

Unit 18, Nunivak Island

1 bull by drawing permit

only; up to 110 permits

may be issued; or

1 musk ox by

registration permit only

Aug. 1 - Sept. 30

(General hunt only)

Jan. 15 - Mar. 31

(General hunt only)Aug. 1 - Sept. 30

Jan. 15 - Mar. 31Unit 18, Nelson IslandFeb. 1 - Mar. 31

(General hunt only)

Feb. 1 - Mar. 31 1 musk ox by registration per-

mit only

Remainder of Unit 18

No open season.No open season. (2)

Unit 23, that portion south

and west of the Kobuk River

drainage and north and east

of the Buckland River drain-

age

No open season.No open season.Units 22(A), 22(B), 22(C),

and 22(D), and Unit 23,

Southwest, that portion

on the Seward Peninsula

west of and including the

Buckland River drainage,

as follows:

If the harvestable portion

is 99 musk oxen or less:

1 musk ox by Tier II

subsistence hunting

permit only

Aug. 1 - Mar. 15

(Subsistence hunt only)No open season.If the harvestable portion is

greater than 99 musk oxen,

but less than 151 musk oxen:

1 musk ox by

registration permit only

Aug. 1 - Mar. 15

(Subsistence hunt only)No open season.If the harvestable portion is

greater than 150 musk oxen:

1 musk ox by

registration permit

only; or

Aug. 1 - Mar. 15

(Subsistence hunt only)No open season.1 bull 4-year-old or older

by drawing permit only;

up to 60 permits may be

issued; 10 percent of the

permits will be issued to

nonresident hunters, in

combination with Unit

22(E)

Aug. 1 - Mar. 15 Aug. 1 - Mar. 15 Unit 22(E)

If the harvestable portion

is 9 musk oxen or less:

1 musk ox by Tier II

subsistence hunting

permit only

Aug. 1 - Mar. 15

(Subsistence hunt only)No open season.If the harvestable portion is

greater than 9 musk oxen, but

less than 26 musk oxen:

1 musk ox by

registration permit

only

Aug. 1 - Mar. 15

(Subsistence hunt only)No open season.1 bull 4-year-old or

older by drawing permit

only; up to 60 permits

may be issued; 10 per-

cent of the permits will

be issued to nonresident

hunters, in combination

with Units 22(B), (C),

and (D), and Unit 23,

that portion on the Sew-

ard Peninsula west of

and including the Buck-

land River drainage

Aug. 1 - Mar. 15 Aug. 1 - Mar. 15 Unit 23, that portion

north and west of the

Kobuk River drainage,

excluding the Sheshalik Spit

Aug. 1 - Mar. 15

(Subsistence hunt only)No open season.1 bull by Tier II

subsistence hunting permit

only; up to 15 bulls may be

taken

Unit 23, that portion on the

Sheshalik Spit

1 bull by Tier II

subsistence permit only;

up to 4 permits may be

issued

July 1 - Oct. 31

(Subsistence hunt only)

June 1 - June 30

(Subsistence hunt only)

No open season.Remainder of Unit 23

No open season.No open season. (3)

Unit 26(A), that portion

west of the eastern shore

of Admiralty Bay where

the Alaktak River enters,

following the Alaktak River

to 155° 00' W. Long. south

to the Unit 26(A) border

1 musk ox by Tier II

subsistence permit only;

up to 15 permits may be

issued

Aug. 1 - Mar. 15

(Subsistence hunt only)No open season.Remainder of Unit 26(A),

and Unit 26(B),

Dalton Highway

1 musk ox by Tier II

subsistence permit only;

up to 20 musk oxen may

be taken

Aug. 1 - Mar. 31

(Subsistence hunt only)No open season.Unit 26(B), that portion

east of the Dalton Highway

1 musk ox by Tier I

permit onlySeason to be

announced

(Subsistence hunt only)

No open season.or

1 bull by drawing permit

only if the harvestable

surplus is greater than

4 musk oxen; up to 5 musk

oxen may be taken.

Sept. 20 - Oct. 10

Mar. 10 - Mar. 30No open season.Unit 26(C)Fall season to be

announced.

(Subsistence hunt only)

Mar. 1 - Mar. 31

(Subsistence hunt only)

No open season.1 bull by Tier II subsis-

tence hunting permit

only; up to 15 bulls may

be taken

(4)

Unit 21(D) and 24(D)

1 bull by drawing permit only,

up to 5 permits my be issued

Feb. 1 - Mar. 15No open season.

(b) Repealed 6/16/91.

History

Authority: AS 16.05.255; AS 16.05.258; AS 16.05.346
Eff. 8/20/89, Register 111; am 12/30/89, Register 112; am 8/9/90, Register 115; am 12/27/90, Register 116; am 6/16/91, Register 118; am 7/1/92, Register 122; readopt 5/13/93, Register 126; am 7/9/95, Register 135; am 7/1/98, Register 146; am 7/1/2000, Register 154; am 7/1/2001, Register 158; am 12/28/2001, Register 160; am 7/1/2002, Register 162; am 7/1/2006, Register 178; am 7/1/2008, Register 186; am 7/1/2010, Register 194; am 7/1/2012, Register 202; am 7/1/2014, Register 210; add'l am 7/1/2014, Register 210; am 7/1/2020, Register 234; add'l am 7/1/2020, Register 234; am 6/23/2022, Register 242; am 7/7/2024, Register 251

5 AAC 85.055 Hunting seasons and bag limits for Dall sheep {#sec-5-aac-85.055 omnilex-key=us-ak-regs-official--title-5--5 AAC 85.055}

Units and Bag Limits

Resident

Open Season

(Subsistence and

General Hunts)

Nonresident

Open Season

(1)

Repealed 8/9/90

(2)

Units 12, 13, and 20, those

portions known as the Tok

Management Area

Aug. 10 - Sept. 20

(General hunt only)Aug. 10 - Sept. 201 ram with full-curl horn or

larger every 4 regulatory

years, by drawing permit only;

up to 120 permits may be

issued

(3)

Units 13 and 20, those por-

tions known as the Delta Con-

trolled Use Area; up to 150

permits will be issued

RESIDENT HUNTERS:

1 ram with full-curl horn or

larger, by drawing permit only

Aug. 10 - Sept. 20

(General hunt only)NONRESIDENT HUNTERS:

1 ram with full-curl horn or

larger; every 4 regulatory

years, by drawing permit only

Aug. 10 - Sept. 20 (4) the hunting seasons and bag limits for Dall sheep in Units 7, 9, 13 (excluding the Tok Management Area and Delta Controlled Use Area), 14(A), 14(B), 15, 16, 19(A), 19(B), 19(C), 19(D), and 19(E) are as follows:

(A) before July 1, 2026:

Unit 7, that portion south of

the Sterling Highway, west of

the Seward Highway, and

north and east of Kenai Lake;

up to 50 permits may be issued

RESIDENT HUNTERS:

1 ram with full-curl horn or

larger, by drawing permit only

Aug. 10 - Sept. 20

(General hunt only)NONRESIDENT HUNTERS:

1 ram with full-curl horn or

larger; every 4 regulatory

years, by drawing permit only

Aug. 10 - Sept. 20Units 7 and 15(A), those por-

tions east of Fuller Lake trail,

south of Dike Creek, and a

straight line from the source of

Dike Creek, east through the

divide south of Trout Lake, to

Juneau Creek, west of Juneau

Creek, and north of the Ster-

ling Highway; up to 10 permits

may be issued

RESIDENT HUNTERS:

1 ram with full-curl horn or

larger, by drawing permit only

Aug. 10 - Sept. 20

(General hunt only)NONRESIDENT HUNTERS:

1 ram with full-curl horn or

larger, every 4 regulatory

years, by drawing permit only

Aug. 10 - Sept. 30Unit 13(D), that portion west

of a line along the west side of

Tazlina Glacier, the west side

of Tazlina Lake, and the west

bank of Mendeltna Creek; up

to 50 permits may be issued

RESIDENT HUNTERS:

1 ram by drawing permit only

Aug. 10 - Sept. 20NONRESIDENT HUNTERS:

1 ram, every 4 regulatory

years, by drawing permit only

Aug. 10 - Sept. 20Unit 13(D), that portion east

of a line along the west side

of Tazlina Glacier, the west

side of Tazlina Lake, and the

west bank of Mendeltna Creek,

to the Richardson Highway;

up to 130 permits may be issued

RESIDENT HUNTERS:

1 ram with full-curl horn or

larger, by drawing permit only

Aug. 10 - Sept. 20NONRESIDENT HUNTERS:

1 ram with full-curl horn or

larger, every 4 regulatory

years, by drawing permit only

Aug. 10 - Sept. 20Unit 14(A), south and east of

the Matanuska River; up to

100 permits may be issued

RESIDENT HUNTERS:

1 ram with full-curl horn or larger,

by drawing permit only

Aug. 10 - Sept. 20NONRESIDENT HUNTERS:

1 ram with full-curl horn or larger,

every 4 regulatory years, by

drawing permit only

Aug. 10 - Sept. 20Remainder of Unit 7, Unit 9,

remainder of Unit 13, remain-

der of Unit 14(A), Unit 14(B),

remainder of Unit 15, and

Units 16, 19(A), 19(B), and

19(D)

RESIDENT HUNTERS:

1 ram with full-curl horn or

larger, by youth hunt only; or

Aug. 1 - Aug. 51 ram with full-curl horn or

larger;

Aug. 10 - Sept. 20NONRESIDENT HUNTERS:

1 ram with full-curl horn or

larger, every 4 regulatory

years, by youth hunt only; or

Aug. 1 - Aug. 51 ram with full-curl horn or

larger, every 4 regulatory years

Aug. 10 - Sept. 20Unit 19(C)

RESIDENT HUNTERS:

1 ram with full-curl horn or

larger, by youth hunt only;

No open season.

1 ram with full-curl horn or

larger; or

No open season.

1 sheep with 3/4-curl horn or

less; the take of rams with

both horns broken, lambs, or

ewes with lambs, is prohibited;

by registration permit only

Oct. 1 - April 30

(Subsistence hunt only)NONRESIDENT HUNTERS:

1 ram with full-curl horn or

larger, every 4 regulatory

years, by youth hunt only; or

No open season.

1 ram with full-curl horn or

larger, every 4 regulatory years

No open season.

(B) on or after July 1, 2026:

Unit 7, that portion south

of the Sterling Highway, west of

the Seward Highway, and

north and east of Kenai Lake;

up to 50 permits may be issued

RESIDENT HUNTERS:

1 ram with full-curl horn or

larger, by drawing permit only

Aug. 10 - Sept. 20

(General hunt only)

NONRESIDENT HUNTERS:

1 ram with full-curl horn or

larger; every 4 regulatory

years, by drawing permit only

Aug. 10 - Sept. 20Units 7 and 15(A), those portions

east of Fuller Lake trail,

south of Dike Creek, and a

straight line from the source of

Dike Creek, east through the

divide south of Trout Lake, to

Juneau Creek, west of Juneau

Creek, and north of the Sterling

Highway; up to 10 permits

may be issued

RESIDENT HUNTERS:

1 ram with full-curl horn or

larger, by drawing permit only

Aug. 10 - Sept. 20

(General hunt only)

NONRESIDENT HUNTERS:

1 ram with full-curl horn or

larger, every 4 regulatory

years, by drawing permit only

Aug. 10 - Sept. 30Unit 13(D), that portion west

of a line along the west side of

Tazlina Glacier, the west side

of Tazlina Lake, and the west

bank of Mendeltna Creek; up

to 50 permits may be issued

RESIDENT HUNTERS:

1 ram with full-curl horn or

larger, by drawing permit only

Aug. 10 - Sept. 20NONRESIDENT HUNTERS:

1 ram with full-curl horn or

larger, every 4 regulatory years,

by drawing permit only

Aug. 10 - Sept. 20

Unit 13(D), that portion east

of a line along the west side

of Tazlina Glacier, the west

side of Tazlina Lake, and the

west bank of Mendeltna Creek,

to the Richardson Highway;

up to 130 permits may be issued

RESIDENT HUNTERS:

1 ram with full-curl horn or

larger, by drawing permit only

Aug. 10 - Sept. 20NONRESIDENT HUNTERS:

1 ram with full-curl horn

or larger, every 4 regulatory

years, by drawing permit only

Aug. 10 - Sept. 20Unit 14(A), south and east of

the Matanuska River; up to

100 permits may be issued

RESIDENT HUNTERS:

1 ram with full-curl horn or larger,

by drawing permit only

Aug. 10 - Sept. 20NONRESIDENT HUNTERS:

1 ram with full-curl horn or larger,

every 4 regulatory years, by

drawing permit only

Aug. 10 - Sept. 20Remainder of Unit 7, Unit 9,

remainder of Unit 131 remain-

der of Unit 14(A), Unit 14(B),

remainder of Unit 15, and

Units 16, 19(A), 19(B), and

19(D)

RESIDENT HUNTERS:

1 ram with full-curl horn or

larger, by youth hunt only; or

Aug. 1 - Aug. 51 ram with full-curl horn or

larger

Aug. 10 - Sept. 20NONRESIDENT HUNTERS:

1 ram with full-curl horn or

larger, every 4 regulatory

years, by youth hunt only; or

Aug. 1 - Aug. 51 ram with full-curl horn or

larger, every 4 regulatory years

Aug. 10 - Sept. 20Unit 19(C)

RESIDENT HUNTERS:

1 ram with full-curl horn or

larger, by youth hunt only; or

No open season.

Beginning in regulatory

year starting July 1, 2028,

Aug. 1 - Aug. 5

1 ram with full-curl horn or

larger; or

Aug. 10 - Sept. 201 sheep with 3/4-curl horn or

less; the take of rams with

both horns broken, lambs, or

ewes with lambs, is prohibited;

by registration permit only

Oct. 1 - April 30

(Subsistence hunt only)NONRESIDENT HUNTERS:

1 ram with full-curl horn or

larger, every 4 regulatory

years, by youth hunt only; or

No open season.

Beginning in

regulatory year

starting July 1, 2028,

Aug. 1 - Aug. 5

1 ram with full-curl horn or

larger, every 4 regulatory years

No open season.

Beginning in

regulatory year

starting July 1, 2028,

Aug. 1 - Sept. 20

(5)

Unit 11

RESIDENT HUNTERS:

1 ram with full-curl horn or

larger, by youth hunt only; or

Aug. 1 - Aug. 51 ram with full-curl horn or

larger

Aug. 10 - Sept. 20NONRESIDENT HUNTERS:

1 ram with full-curl horn or

larger, every 4 regulatory

years, by youth hunt only; or

Aug. 1 - Aug. 5 1 ram with full-curl horn or

larger, every 4 regulatory years

Aug. 10 - Sept. 20 (6)

Remainder of Unit 12

RESIDENT HUNTERS:

1 ram with full-curl horn or

larger, by youth hunt only; or

Aug. 1 - Aug. 5

(General hunt only)1 ram with full-curl horn or

larger

Aug. 10 - Sept. 20

(General hunt only)NONRESIDENT HUNTERS:

1 ram with full-curl horn or

larger, every 4 regulatory

years, by youth hunt only; or

Aug. 1 - Aug. 5 1 ram with full-curl horn or

larger, every 4 regulatory years

Aug. 10 - Sept. 20 (7)

Unit 14(C), the Eklutna Lake

Management Area

1 ram by drawing permit only,

by bow and arrow only; up to

35 permits will be issued

RESIDENT HUNTERS:

1 ram by drawing permit only,

by bow and arrow only

Sept. 1 - Oct. 31

(General hunt only)NONRESIDENT HUNTERS:

1 ram by drawing permit only,

by bow and arrow only, every 4

regulatory years

Sept. 1 - Oct. 31 Remainder of Unit 14(C)

RESIDENT HUNTERS:

1 ram with full-curl horn or

larger by drawing permit only;

up to 240 permits will be is-

sued total; or

Aug. 10 - Oct. 31

(General hunt only)1 ram by bow and arrow only,

by drawing permit only; up to

120 permits will be issued to-

tal

Oct. 1 - Oct. 10

(General hunt only)NONRESIDENT HUNTERS:

1 ram with full-curl horn or

larger, every 4 regulatory

years, by drawing permit only;

up to 240 permits will be is-

sued total; or

Aug. 10 - Oct. 31 1 ram by bow and arrow only,

every 4 regulatory years, by

drawing permit only; up to 120

permits will be issued total

Oct. 1 - Oct. 10 (8)

Unit 17

No open season.No open season.Unit 20(D), that portion north

of the Alaska Highway, and

that portion of Unit 20(E)

within the Middle Fork of the

Fortymile River drainage north

and west of the north bank up-

stream from and including the

Joseph Creek drainage; up to 4

permits will be issued

RESIDENT HUNTERS:

1 ram with full-curl horn or

larger by drawing permit only

Aug. 10 - Sept. 20

(General hunt only)NONRESIDENT HUNTERS:

1 ram will full-curl horn or

larger, every 4 regulatory

years, by drawing permit only

Aug. 10 - Sept. 20Remainder of Unit 20

RESIDENT HUNTERS:

1 ram with full-curl horn or

larger, by youth hunt only; or

Aug. 1 - Aug. 5

(General hunt only)1 ram with full-curl horn or

larger

Aug. 10 - Sept. 20

(General hunt only)NONRESIDENT HUNTERS:

1 ram with full-curl horn or

larger, every 4 regulatory

years, by youth hunt only; or

Aug. 1 - Aug. 5 1 ram with full-curl horn or

larger, every 4 regulatory years

Aug. 10 - Sept. 20 (9)

Unit 23, that portion north of

Rabbit Creek, Kyak Creek, and

the Noatak River, and west of

the Aniuk River ("DeLong

Mountains")

RESIDENT HUNTERS:

1 sheep by registration

permit only; or

No open season.

(Subsistence hunt only)1 ram with full-curl horn or

larger by drawing permit only,

provided that the harvestable

surplus is greater than 9 sheep

in combination with that por-

tion of Unit 26A, west of the

Etivluk River

No open season.NONRESIDENT HUNTERS:

1 ram with full-curl horn or

larger by drawing permit only,

every 4 regulatory years, pro-

vided that the harvestable sur-

plus is greater than 9 sheep in

combination with that portion

of Unit 26A, west of the

Etivluk River

No open season.Unit 23, that portion south of

Rabbit Creek, Kyak Creek, and

the Noatak River, and west of

the Cutler and Redstone Riv-

ers ("Baird Mountains")

RESIDENT HUNTERS:

1 sheep by registration

permit only; or

No open season.

(Subsistence hunt only)1 ram with full-curl horn or

larger by drawing permit only,

provided that the harvestable

surplus is greater than 47

sheep

No open season.NONRESIDENT HUNTERS:

1 ram with full-curl horn or

larger by drawing permit only,

every 4 regulatory years, pro-

vided that the harvestable sur-

plus is greater than 47 sheep

No open season.Remainder of Unit 23

("Schwatka Mountains")

RESIDENT HUNTERS:

3 sheep by registration

permit only; or

No open season.

(Subsistence hunt only)1 ram with full-curl horn or

larger

No open season.NONRESIDENT HUNTERS:

1 ram with full-curl horn or

larger, every 4 regulatory years

No open season. (10)

Unit 24(A) and 26(B)

within the Dalton Highway

Corridor Management Area

RESIDENT HUNTERS:

1 ram with full-curl horn or

larger, by youth hunt only; or

Aug. 1 - Aug. 51 ram with full-curl horn or

larger

Aug. 10 - Oct. 5NONRESIDENT HUNTERS:

1 ram with full-curl horn or

larger, every 4 regulatory

years, by youth hunt only; or

Aug. 1 - Aug. 51 ram with full-curl horn or

larger, every 4 regulatory years

Aug. 10 - Oct. 5Remainder of Unit 24(A)

RESIDENT HUNTERS:

1 ram with full-curl horn or

larger, by youth hunt only, or

Aug. 1 - Aug. 51 ram with full-curl horn or

larger

Aug. 10 - Sept. 20NONRESIDENT HUNTERS:

1 ram with full-curl horn or

larger, ever 4 regulatory years,

by youth hunt only; or

Aug. 1 - Aug. 51 ram with full-curl horn or

larger, every 4 regulatory years

Aug. 10 - Sept. 20Unit 24(B), that portion

with the John River drainage

upstream from Till Creek, and

that portion within the Glacier

River drainage

Aug. 1 - Apr. 30No open season.3 sheep, of which not more

than one may be a ewe

Remainder of Unit 24(B)

RESIDENT HUNTERS:

1 ram with full-curl horn or

larger, by youth hunt only; or

Aug. 1 - Aug. 51 ram with full-curl horn or

larger

Aug. 10 - Sept. 20NONRESIDENT HUNTERS:

1 ram with full-curl horn or

larger, every 4 regulatory

years, by youth hunt only; or

Aug. 1 - Aug. 51 ram with full-curl horn or

larger, every 4 regulatory years

Aug. 10 - Sept. 20Unit 25(A) with the Dalton

Highway Corridor Manage-

ment Area

RESIDENT HUNTERS:

1 ram with full-curl horn or

larger, by youth hunt only; or

Aug. 1 - Aug. 51 ram with full-curl horn or

larger; or

Aug. 10 - Oct. 51 ram with 3/4-curl horn

or less

Oct. 1 - Apr. 30NONRESIDENT HUNTERS:

1 ran with full-curl horn or

larger, every 4 regulatory

years, by youth hunt only; or

Aug. 1 - Aug. 51 ram with full-curl horn or

larger, every 4 regulatory years

Aug. 10 - Oct. 5Unit 25(A), that portion within

the Eastern Brooks Range

Management Area

RESIDENT HUNTERS:

1 ram with full-curl horn or

larger, by youth hunt only; or

Aug. 1 - Aug. 5 1 ram with full-curl horn or

larger, every 4 regulatory

years, by drawing permit only;

Aug. 10 - Sept. 20 1 ram with 3/4 horn or less,

every 4 regulatory years,

by registration permit only

Oct. 1 - Apr. 30 NONRESIDENT HUNTERS:

1 ram with full-curl horn or

larger, every 4 regulatory

years, by drawing permit only

Aug. 10 - Sept. 20 Unit 25(A) east of the Middle

Fork of the Chandalar River,

excluding the Eastern Brooks

Range Management Area

RESIDENT HUNTERS:

1 ram with full-curl horn or

larger, by youth hunt only, or

Aug. 1 - Aug. 51 ram with full-curl horn or

larger; or

Aug. 10 - Sept. 201 ram with 3/4-curl horn or

less by registration permit only

Oct. 1 - Apr. 30NONRESIDENT HUNTERS:

1 ram with full-curl horn or

larger, every 4 regulatory

years, by youth hunt only; or

Aug. 1 - Aug. 51 ram with full-curl horn or

larger, every 4 regulatory years

Aug. 10 - Sept. 20Remainder of Unit 25(A)

RESIDENT HUNTERS:

1 ram with full-curl horn or

larger, by youth hunt only, or

Aug. 1 - Aug. 51 ram with full-curl horn

or larger may be taken

only from Aug. 10 - Sept.

20;

Aug. 10 - Sept. 201 ram with 3/4-curl or less by

registration permit only Oct.

1 - April 30

Oct. 1 - Apr. 30NONRESIDENT HUNTERS:

1 ram with full-curl horn or

larger every 4 regulatory

years; or

Aug. 10 - Sept. 201 ram with full-curl horn or

larger, by youth hunt only; ev-

ery 4 regulatory years

Aug. 1 - Aug. 5Remainder of Unit 25

RESIDENT HUNTERS:

1 ram with full-curl horn or

larger, by youth hunt only; or

Aug. 1 - Aug. 51 ram with full-curl horn or

larger

Aug. 10 - Sept. 20NONRESIDENT HUNTERS:

1 ram with full-curl horn or

larger, every 4 regulatory

years, by youth hunt only; or

Aug. 1 - Aug. 51 ram with full-curl horn or

larger, every 4 regulatory years

Aug. 10 - Sept. 20Unit 26(A), that portion west

of the Etivluk River drainage

RESIDENT HUNTERS:

1 sheep by registration

permit only; or

No open season.

(Subsistence hunt only)1 ram with full-curl horn or

larger by drawing permit only,

provided that the harvestable

surplus is greater than 9 sheep

in combination with that por-

tion of Unit 23 in the DeLong

Mountains

No open season. NONRESIDENT HUNTERS:

1 ram will full-curl horn or

larger by drawing permit only,

every 4 regulatory years, pro-

vided that the harvestable sur-

plus is greater than 9 sheep in

combination with that portion

of Unit 23 in the DeLong

Mountains

No open season.Unit 26(A), that portion east of

and including the Etivluk

River drainage, excluding

Gates of the Arctic National

Park

RESIDENT HUNTERS:

3 sheep by registration

permit only; or

Aug. 1 - Apr. 30

(Subsistence hunt only)1 ram with full-curl horn or

larger, by youth hunt only; or

Aug. 1 - Aug. 5 1 ram with full-curl horn or

larger

Aug. 10 - Sept. 20NONRESIDENT HUNTERS:

1 ram with full-curl horn or

larger, every 4 regulatory

years, by youth hunt only; or

Aug. 1 - Aug. 5 1 ram with full-curl horn or

larger, every 4 regulatory

years;

Aug. 10 - Sept. 20Unit 26(A), that portion within

the Gates of the Arctic Na-

tional Park

3 sheep

Aug. 1 - Apr. 30 No open season.Unit 26(B), that portion within

the Gates of the Arctic Na-

tional Park

3 sheep

Aug. 1 - Apr. 30 No open season.Remainder of Units 26(A) and

26(B)

RESIDENT HUNTERS:

1 ram with full-curl horn or

larger by youth hunt only; or

Aug. 1 - Aug. 5 1 ram with full-curl horn or

larger

Aug. 10 - Sept. 20 NONRESIDENT HUNTERS:

1 ram with full-curl horn or

larger, every 4 regulatory years,

by youth hunt only; or

Aug. 1 - Aug. 5 1 ram with full-curl horn or

larger, every 4 regulatory years

Aug. 10 - Sept. 20 Unit 26(C)

RESIDENT HUNTERS:

1 ram with full-curl horn or

larger, by youth hunt only; or

Aug. 1 - Aug. 5 1 ram with full-curl

horn or larger may be

taken only from Aug. 10 --

Sept. 20;

Aug. 10 - Sept. 20 1 ram with 3/4-curl horn or

less by registration permit only

Oct. 1 -- April 30;

Oct. 1 - Apr. 30 NONRESIDENT HUNTERS:

1 ram with full-curl

horn or larger, every 4 regula-

tory years; or

Aug. 10 - Sept. 20 1 ram with full-curl horn or

larger every 4 regulatory

years, by youth hunt only

Aug. 1 - Aug. 5

(b) Repealed 6/16/91.

History

Authority: AS 16.05.060; AS 16.05.255; AS 16.05.258
Eff. 8/20/89, Register 111; am 8/9/90, Register 115; am 8/10/90, Register 115; am 12/27/90, Register 116; am 6/16/91, Register 118; am 5/13/93, Register 126; am 7/1/93, Register 126; am 4/25/96, Register 138; am 6/28/96, Register 138; am 10/23/96, Register 140; am 7/26/97, Register 143; am 7/1/98, Register 146; am 7/1/99, Register 150; am 7/1/2000, Register 154; am 7/1/2001, Register 158; am 7/1/2002, Register 162; am 7/1/2003, Register 166; am 11/28/2003, Register 168; am 7/1/2006, Register 178; am 12/1/2007, Register 184; am 7/1/2008, Register 186; am 7/1/2011, Register 198; am 7/1/2015, Register 214; am 7/1/2016, Register 218; am 7/1/2017, Register 222; am 7/1/2019, Register 230; am 7/1/2020, Register 234; am 6/23/2022, Register 242; add'l am 6/23/2022, Register 242; am 7/28/2023, Register 247; am 7/1/2025, Register 254; add'l am 7/1/2025, Register 254

5 AAC 85.056 Hunting seasons and bag limits for wolf {#sec-5-aac-85.056 omnilex-key=us-ak-regs-official--title-5--5 AAC 85.056}

Units and Bag Limits

Resident

Open Season

(Subsistence and

General Hunts)

Nonresident

Open Season

(1)

Unit 1(A), Unit 1(B),

that portion south

of Bradfield Canal and the east

fork of the Bradfield River, and

Unit 3

Aug. 1 - May 31

(General hunt only)Aug. 1 - May 31 5 wolves

Remainder of Unit 1(B),

Units 1(C) and 1(D),

and Units 4 and 5

Aug. 1 - Apr. 30

(General hunt only)Aug. 1 - Apr. 30 5 wolves

Unit 2

Sept. 1 - Mar. 31Sept. 1 - Mar. 315 wolves

(2)

Unit 6

Aug. 10 - Apr. 30Aug. 10 - Apr. 305 wolves

Units 7 and 15Aug. 10 - Apr. 30

(General hunt only)

Aug. 10 - Apr. 305 wolves

Unit 8Aug. 10 - Apr. 30

(General hunt only)

Aug. 10 - Apr. 305 wolves

Units 9 and 10

Aug. 10 - June 30 Aug. 10 - June 30 10 wolves per day

Unit 17

Aug. 10 - Apr. 30 Aug. 10 - Apr. 30 10 wolves per day

Unit 11

Aug. 10 - Apr. 30 Aug. 10 - Apr. 30 5 wolves

Unit 13

Aug. 10 - Apr. 30 Aug. 10 - Apr. 30 10 wolves per day

Unit 14Aug. 10 - Apr. 30

(General hunt only)

Aug. 10 - Apr. 30 5 wolves

Unit 16(A)Aug. 10 - Apr. 30

(General hunt only)

Aug. 10 - Apr. 30 10 wolves, but only up to 5

wolves per day may be taken

Unit 16(B)

Aug. 10 - Apr. 30 Aug. 10 - Apr. 30 10 wolves

Unit 18

Aug. 10 - Apr. 30 Aug. 10 - Apr. 30 10 wolves

Units 12, 20, and 25(C)

10 wolves as follows:

Units 12, remainder of 20, and

25(C)

Aug. 1 - Apr. 30 Aug. 1 - Apr. 30 Unit 20(C), that portion west

of a line beginning at 63°

48.146' N. lat., 148° 59.934' W.

long., north to 63° 49.445'8 N.

lat., 148° 59.935' W. long., then

west to 63° 49.445' N. lat.,

149° 12.699' W. long., then

north to 63° 54.642' N. lat.,

149° 12.699' W. long., and

bounded on the south, west,

and north by Denali National

Park

Aug. 10 - Apr. 15 Aug. 10 - Apr. 15 Units 21 and 24

Aug. 1 - Apr. 30 Aug. 1 - Apr. 30 10 wolves

Units 25(A), 25(B), and 25(D)

Aug. 1 - Apr. 30 Aug. 1 - Apr. 30 10 wolves

Unit 19

Aug. 1 - Apr. 30 Aug. 1 - Apr. 30 10 wolves

Unit 22

Aug. 1 - May 31 Aug. 1 - May 31 20 wolves

Unit 23

Aug. 1 - Apr. 30 Aug. 1 - Apr. 3020 wolves

(3)

Unit 26(A)

Aug. 10 - Apr. 30 Aug. 10 - Apr. 30 10 wolves

Units 26(B) and 26(C)

Aug. 1 - Apr. 30 Aug. 1 - Apr. 30 10 wolves

(b) Repealed 6/16/91.

History

Authority: AS 16.05.255; AS 16.05.258
Eff. 8/20/89, Register 111; am 8/5/90, Register 115; am 8/9/90, Register 115; am 12/27/90, Register 116; am 6/16/91, Register 118; am 7/1/92, Register 122; am 5/13/93, Register 126; am 8/25/94, Register 131; am 8/4/95, Register 135; am 7/1/97, Register 142; am 7/1/99, Register 150; am 7/1/2000, Register 154; am 7/1/2002, Register 162; add'l am 7/1/2002, Register 162; am 7/1/2003, Register 166; add'l am 7/1/2003, Register 166; am 7/1/2004, Register 170; add'l am 7/1/2004, Register 170; am 7/1/2005, Register 174; add'l am 7/1/2005, Register 174; am 7/1/2006, Register 178; am 7/1/2008, Register 186; am 7/1/2009, Register 190; em am 5/27/2010 - 9/23/2010, Register 194; am 3/1/2011, Register 197; am 5/14/2011, Register 198; am 7/1/2011, Register 198; add'l am 7/1/2011, Register 198; am 7/1/2012, Register 202; add'l am 7/1/2012, Register 202; am 7/1/2014, Register 210; add'l am 7/1/2014, Register 210; am 7/1/2016, Register 218; am 7/1/2020, Register 234; am 7/1/2023, Register 246; am 7/7/2024, Register 251

5 AAC 85.057 Hunting seasons and bag limits for wolverine {#sec-5-aac-85.057 omnilex-key=us-ak-regs-official--title-5--5 AAC 85.057}

(a) In this section the phrase "General hunt only" means that there is a general hunt for residents, but no subsistence hunt during the relevant open season. Hunting seasons and bag limits for wolverine are also as follows:

Units and Bag Limits

Resident

Open Season

(Subsistence and

General Hunts)

Nonresident

Open Season

Units 1 - 5, and 13

Sept. 1 - Feb. 15 Sept. 1 - Feb. 15 1 wolverine

Units 6 - 8, 12, 15, 16(B),

17, 19 - 25, and 26(A)

Sept. 1 - Mar. 31 Sept. 1 - Mar. 31 1 wolverine

Unit 9

Sept. 1 - last day

of Feb.Sept. 1 - last day

of Feb.1 wolverine

Unit 10

No open season.No open season.Units 11, 14, and

16(A)

Sept. 1 - Jan. 31 Sept. 1 - Jan. 31 1 wolverine

Unit 18

Sept. 1 - Mar. 31 Sept. 1 - Mar. 31 2 wolverine

Units 26(B) and 26(C)

Aug. 20 - Mar. 31 Aug. 20 - Mar. 31 1 wolverine

(b) Repealed 6/16/91.

History

Authority: AS 16.05.255; AS 16.05.258
Eff. 8/20/89, Register 111; am 8/9/90, Register 115; am 12/27/90, Register 116; am 6/16/91, Register 118; am 7/1/92, Register 122; am 5/13/93, Register 126; am 7/1/2007, Register 182; am 7/1/2012, Register 202; am 7/1/2017, Register 222; am 6/23/2022, Register 242; am 7/1/2025, Register 254

5 AAC 85.060 Hunting seasons and bag limits for fur animals {#sec-5-aac-85.060 omnilex-key=us-ak-regs-official--title-5--5 AAC 85.060}

Units and Bag Limits

Resident

Open Season

(Subsistence and

General Hunts)

Nonresident

Open Season

(1) Coyote

Units 1-5, 18,

and 22

Sept. 1 - Apr. 30

(General hunt only)Sept. 1 - Apr. 302 coyotes

Units 6, 7, 9-17, 19, 20,

21, 23, 24, 25, and 26

July 1 - June 30July 1 - June 30No limit

(2) Arctic fox (including

white and blue phases)

Unit 8

Sept. 1 - Feb. 15Sept. 1 - Feb. 152 foxes

Units 9, 17, 18, 22, 23, and 26Sept. 1 - Apr. 30

(General hunt only)

Sept. 1 - Apr. 302 foxes

Units 24 and 25Sept. 1 - Mar. 15

(General hunt only)

Sept. 1 - Mar. 152 foxes

Unit 10

RESIDENT HUNTERS:

No limit

Sept. 1 - Apr. 30

(General hunt only)

NONRESIDENT HUNTERS:

2 foxes

Sept. 1 - Apr. 30

(3) Red fox (including cross,

black, and silver phases)

Units 1-7 and 15

No open season.No open season.Units 8-10, 14, 16, and 17

Sept. 1 - Feb. 15

(General hunt only)Sept. 1 - Feb. 152 foxes

Units 11-13 and 18-26

Sept. 1 - Mar. 15

(General hunt only)Sept. 1 - Mar. 15 10 foxes; however, no more

than 2 foxes may be taken be-

fore Oct. 1

(4) Lynx

Units 1-5, and 10

No open season.No open season.Units 6, 7, 11, and 13-16

Nov. 10 - Feb. 28

(General hunt only)Nov. 10 - Feb. 28 2 lynx

Units 9 and 17

Nov. 10 - Feb. 28

(General hunt only)Nov. 10 - Feb. 28 2 lynx

Units 12 and 20(E)

Nov. 1 - Mar. 15

(General hunt only)Nov. 1 - Mar. 152 lynx

Unit 18Nov. 10 - Mar. 31

(General hunt only)

Nov. 10 - Mar. 31 2 lynx

Remainder of Unit 20, and

Unit 25(C)

Nov. 1 - Feb. 28

(General hunt only)Nov. 1 - Feb. 28 2 lynx

Units 19, 21, 24, and

remainder of Unit 25

Nov. 1 - Feb. 28

(General hunt only)Nov. 1 - Feb. 28 2 lynx

Units 22, 23, and 26Nov. 1 - Apr. 15

(General hunt only)

Nov. 1 - Apr. 15 2 lynx

(5) Red squirrel, ground

squirrel, flying squirrel

Units 1-26No closed season.

(General hunt only)

No closed season. No limit

(6) Beaver

Units 1-8, 10-15, and 17

No open season.No open season.Units 9, 18, and 23

No closed season.No closed season.No limit

Unit 16

Aug. 10 - May 31Aug. 10 - May 31No limit

Units 21(A) and 21(E)

Sept. 1 - June 10Sept. 1 - June 10No limit

Unit 22

No limit

No closed season.No closed season.Units 19-20,

21(B), 21(C) 21(D),

and 24-26No open season.No open season.

(b) Repealed 6/16/91.

History

Authority: AS 16.05.255; AS 16.05.258
Eff. 7/8/85, Register 95; am 8/20/89, Register 111; am 11/18/89, Register 112; am 8/9/90, Register 115; am 12/27/90, Register 116; am 6/16/91, Register 118; am 8/10/91, Register 119; am 7/1/92, Register 122; am 5/13/93, Register 126; am 7/26/97, Register 143; am 7/1/98, Register 146; am 7/1/2000, Register 154; add'l am 7/1/2000, Register 154; am 12/28/2001, Register 160; am 7/1/2002, Register 162; add'l am 7/1/2002, Register 162; am 7/1/2003, Register 166; am 7/1/2004, Register 170; add'l am 7/1/2004, Register 170; am 7/1/2006, Register 178; add'l am 7/1/2006, Register 178; am 7/1/2007, Register 182; am 7/1/2008, Register 186; am 7/1/2009, Register 190; am 7/1/2010, Register 194; am 7/1/2011, Register 198; add'l am 7/1/2011, Register 198; am 7/1/2012, Register 202; am 7/1/2013, Register 206; add'l am 7/1/2013, Register 206; am 7/1/2014, Register 210; add'l am 7/1/2014, Register 210; am 7/1/2015, Register 214; am 6/23/2022, Register 242; am 7/1/2025, Register 254

5 AAC 85.065 Hunting seasons and bag limits for small game {#sec-5-aac-85.065 omnilex-key=us-ak-regs-official--title-5--5 AAC 85.065}

Units and Bag Limits

Resident

Open Season

(Subsistence and

General Hunts)

Nonresident

Open Season

(1)

Grouse (spruce, blue,

ruffed, and sharp-tailed)

Units 1 - 6Aug. 1 - May 15

(General hunt only)

Aug. 1 - May 15 5 per day, 10 in possession

Units 7 and 15Aug. 10 - May 31

(General hunt only)

Aug. 10 - May 31 10 per day, 20 in posses-

sion, of which not more than 1

per day and 2 in possession

may be ruffed grouse

Units 8 and 10

No open season.No open season.Unit 9Aug. 10 - Apr. 30

(General hunt only)

Aug. 10 - Apr. 30 15 per day, 30 in possession

Unit 11

Aug. 10 - Mar. 31 Aug. 10 - Mar. 31 15 per day, 30 in possession

Units 12, 20(B),

remainder of

20(D), 20(E), and 25(C)

Aug. 10 - Mar. 31

(General hunt only)Aug. 10 - Mar. 31 15 per day, 30 in posses-

sion however, a season may be

announced by emergency order

during which the bag limit is

less than 15 grouse per day, 30

in possession

Aug. 10 - Mar. 31Aug. 10 - Mar. 31Unit 13

Aug. 10 - Mar. 31Aug. 10 - Mar. 3115 per day, 30 in posses-

sion, of which not more

than 2 per day and 4 in

possession may be ruffed

grouse

Units 14(A) and 14(B)Aug. 10 - Mar. 31

(General hunt only)

Aug. 10 - Mar. 31 15 per day, 30 in posses-

sion, of which not more

than 2 per day and 4 in

possession may be ruffed

grouse

Unit 14(C)Sept. 1 - Mar. 31

(General hunt only)

Sept. 1 - Mar. 315 per day, 10 in posses-

sion, of which not more

than 2 per day and 4 in

possession may be ruffed

grouse

Unit 16

Aug. 10 - Mar. 31 Aug. 10 - Mar. 31 15 per day, 30 in posses-

sion, of which not more

than 2 per day and 4 in

possession may be ruffed

grouse

Units 17 - 19Aug. 10 - Apr. 30

(General hunt only)

Aug. 10 - Apr. 3015 per day, 30 in posses-

sion

Units 20(A), 20(C), and 20(F)Aug. 10 - Mar. 31

(General hunt only)

Aug. 10 - Mar. 31 15 per day, 30 in posses-

sion

Unit 20(D), that portion lying

west of the east bank of the

Johnson River and south of the

north bank of the Tanana

River

10 per day, of which not

more than 2 may be sharp-

tailed grouse, by falconry

only; 10 in possession,

of which not more than 2

may be sharp-tailed grouse,

by falconry only

Aug. 10 - Aug. 24Aug. 10 - Aug. 245 per day, 15 in possession,

of which not more than 10 may

be ruffed grouse or sharp-

tailed grouse; however, a sea-

son may be announced by

emergency order during which

the bag limit is less than 5

grouse per day, 15 in posses-

sion, and less than 10 ruffed

grouse or sharp-tailed grouse

in possession

Aug. 25 - Mar. 31Aug. 25 - Mar. 31Units 21 and 24Aug. 10 - Apr. 30

(General hunt only)

Aug. 10 - Apr. 30 15 per day, 30 in posses-

sion

Units 22 and 23

Aug. 10 - Apr. 30Aug. 10 - Apr. 3015 per day, 30 in posses-

sion

Unit 25(A), 25(B),

and 25(D)

Aug. 10 - Mar. 31

(General hunt only)Aug. 10 - Mar. 31 15 per day, 30 in posses-

sion

Unit 26Aug. 10 - Apr. 30

(General hunt only)

Aug. 10 - Apr. 30 15 per day, 30 in posses-

sion

(2)

Snowshoe and Alaska hares

Units 1 - 5

Sept. 1 - Apr. 30Sept. 1 - Apr. 30Units 6 - 26, except 14(A),

14(C), and Alaska hares in

Units 9, 17, 18, 22, and 23

No closed season.No closed season.No limit.

Units 9 and 17 Alaska hares

No open season.No open season.Unit 18, 22, and 23, Alaska

hares only

Aug. 1 - May 31Aug. 1 - May 312 per day, 6 total

Unit 14(A)

5 per day

No closed season.

(General hunt only)No closed season.Unit 14(C)

5 per day

Sept. 1 - Apr. 30

(General hunt only)Sept. 1 - Apr. 30 (3)

Ptarmigan (rock, willow,

and white-tailed)

Kachemak Bay and north of

the north bank of Fox River

5 per day, 10 in possession

Units 1 - 5, 6(A), 6(B),

and 6(C)

Aug. 1 - May 15

(General hunt only)Aug. 1 - May 1520 per day, 40 in possession

Unit 15C north of

Kachemak Bay and north of

the north bank of Fox River

Aug. 10 - Jan. 31Aug. 10 - Jan. 315 per day, 10 in possession

Units 6(D), 7, 11, 13(A), 13(C),

13(D), and 14, remainder of 15,

and 16

Aug. 10 - Mar. 31Aug. 10 - Mar. 3110 per day, 20 in possession

Unit 13(B)

Aug. 20 - Feb. 15Aug. 20 - Feb. 1510 per day, 20 in possession

Unit 13(E)

Aug. 10 - Feb. 15Aug. 10 - Feb. 1510 per day, 20 in possession

Unit 9Aug. 10 - Last day of

Feb.

Aug. 10 - Last day of

Feb.10 per day, 20 in possession

Units 8, 10, 17, 19,

21, 24, 25 (except 25(C)), and

the Dalton Highway Corridor

and Prudhoe Bay Closed Area

in Unit 26(B)

Aug. 10 - Apr. 30Aug. 10 - Apr. 3020 per day, 40 in posses-

sion

Unit 18

Aug. 10 - May 15Aug. 10 - May 1525 per day, 50 in posses-

sion

Unit 22

Aug. 10 - Apr. 30Aug. 10 - Apr. 3020 per day, 40 in posses-

sion

Units 23 and 26

(except within the

Dalton Highway Corridor

and Prudhoe Bay Closed Area

in Unit 26(B))

Aug. 10 - June 15

(General hunt only)Aug. 10 - June 1550 per day, 100 in possession

Units 12, 20, and

25(C)

Aug. 10 - Apr. 30

(General hunt only)Aug. 10 - Apr. 3020 per day, 40 in possession;

however, a season may be an-

nounced by emergency order

during which the bag limit is

less than 20 ptarmigan per

day, 40 in possession

(4)

Migratory game birds

(except by falconry)1

(A) Ducks (except sea

ducks)3

Units 1 - 4

7 per day,

21 in possession;

however no more than 2 per

day, 6 in possession, may be

canvasbacks

Sept. 1 - Nov. 30

Dec. 16 - Dec. 31Sept. 1 - Nov. 30

Dec. 16 - Dec. 31Units 5 - 7, 9, 10 (Unimak Is.

only), and 14 - 16

8 per day,

24 in possession;

however, no more than 2 per

day, 6 in possession, may be

canvasbacks

Sept. 1 - Dec. 16

(General hunt only)Sept. 1 - Dec. 16Units 8 and 10 (except Unimak

Is.)

7 per day,

21 in possession;

however, no more than 2 per

day, 6 in possession, may be

canvasbacks

Oct. 8 - Jan. 22

(General hunt only)Oct. 8 - Jan. 22Units 11 - 13 and 17 - 26

10 per day,

30 in possession;

however, no more than 2 per

day, 6 in possession, may be

canvasbacks

Sept. 1 - Dec. 16

(General hunt only)Sept. 1 - Dec. 16 (B) Sea Ducks (except Spec-

tacled and Steller's eiders)

Units 1 - 4

RESIDENT HUNTERS:

10 per day, 20 in

possession, of which

no more than 6 per

day, 12 in possession, may be

harlequin, ducks and no more

than 6 per day, 12 in posses-

sion, may be long-tailed ducks

Sept. 1 - Nov. 30

Dec. 16- Dec. 31NONRESIDENT HUNTERS:

7 per day, 20 in possession,

however, no more than 4 each

of any sea duck species may be

taken per season; and no more

than 20 sea ducks of all spe-

cies may be taken per season

Sept. 1 - Nov. 30

Dec. 16 - Dec. 31Units 5, 6, 9, 10 (Unimak Is.

only), 14, and 16

RESIDENT HUNTERS:

10 per day, 20 in

possession, of which

no more than 6 per day, 12 in

possession, may be harlequin

ducks and no more than 6 per

day, 12 in possession, may be

long-tailed ducks

Sept. 1 - Dec. 16

(General hunt only)NONRESIDENT HUNTERS:

8 per day, 20 in

possession; however, no more

than 4 each of any sea duck

species may be taken per sea-

son; and no more than 20 sea

ducks of all species may be

taken per season

Sept. 1 - Dec. 16 Unit 7 and remainder of 15

RESIDENT HUNTERS:

10 per day, 20 in

possession, of which

no more than 6 per day, 12 in

possession, may be harlequin

ducks and no more than 1 per

day, 2 in possession, may be

long-tailed ducks

Sept. 1 - Dec. 16

(General hunt only)NONRESIDENT HUNTERS:

8 per day, 20 in

possession; and no more than 1 per

day, 2 in possession, may be

long-tailed ducks; however, no more

than 4 each of any sea duck

species may be taken per sea-

son; and no more than 20 sea

ducks of all species may be

taken per season

Sept. 1 - Dec. 16Unit 15(C), that portion in

Kachemak Bay east of a line

from Point Pogibshi to Anchor

Point

RESIDENT HUNTERS:

10 per day, 20 in

possession, of which

no more than 2 per day, 4 in

possession, may be harlequin

ducks, no more than 1 per day,

2 in possession, may be long-

tailed ducks, and no more than

1 per day, 2 in possession, may

be common or king eider

Sept. 1 - Dec. 16

(General hunt only)NONRESIDENT HUNTERS:

8 per day, 20 in

possession, of which no more

than 2 per day, 4 in possession,

may be harlequin ducks, no

more than 1 per day, 2 in pos-

session, may be long-tailed

ducks, and no more than 1 per

day, 2 in possession, may be

common or king

eider; however, no more than 4

each of any sea duck species

may be taken per season; and

no more than 20 sea ducks of

all species may be taken per

season

Sept. 1 - Dec. 16 Units 8 and 10 (except Unimak

Is.)

RESIDENT HUNTERS:

10 per day, 20 in

possession, of which

no more than 6 per day, 12 in

possession, may be harlequin

ducks and no more than 6 per

day, 12 in possession, may be

long-tailed ducks

Oct. 8 - Jan. 22

(General hunt only)NONRESIDENT HUNTERS:

7 per day, 20 in possession;

however, no more than 4 each

of any sea duck species may be

taken per season; and no more

than 20 sea ducks of all spe-

cies may be taken per season

Oct. 8 - Jan. 22 Units 11 - 13 and 17 - 26

RESIDENT HUNTERS:

10 per day, 20 in

possession, of which

no more than 6 per day, 12 in

possession, may be harlequin

ducks and no more than 6 per

day, 12 in possession, may be

long-tailed ducks

Sept. 1 - Dec. 16

(General hunt only)NONRESIDENT HUNTERS:

10 per day, 20 in

possession; however, no more

than 4 each of any sea duck

species may be taken per sea-

son; and no more than 20 sea

ducks of all species may be

taken per season

Sept. 1 - Dec. 16 (C) Geese,

Canada and cackling

combined

Units 1 - 4

4 per day, 12 in

possession

Sept. 1 - Nov. 30

Dec. 16 - Dec. 31

Sept. 1 - Nov. 30

Dec. 16 - Dec. 31Unit 5

4 per day, 12 in possession

Sept. 28 - Dec. 16

(General hunt only)

Sept. 28 - Dec. 16Unit 6 (except Middleton Is.)

4 per day, 12 in possession

Sept. 28 - Dec. 16

(General hunt only)

Sept. 28 - Dec. 16Unit 6 (Middleton Is. only)

Limit of 1 per day, 1 in possession,

and only by registration permit

Sept. 28 - Dec. 16

(General hunt only)Sept. 28 - Dec. 16Units 7, 11 - 16, and 19 - 26

Sept. 1 - Dec. 16

(General hunt only)

Sept. 1 - Dec. 16 4 per day, 12 in possession

Unit 8 (except Semidi Islands)

Limit of 1 per day, 2 in possession

Oct. 8 - Jan. 22

(General hunt only)Oct. 8 - Jan. 22Unit 8 (Semidi Islands)

No open season.

Unit 9

3 per day, 9 in possession

Sept. 1 - Dec. 16

(General hunt only)

Sept. 1 - Dec. 16 Unit 10 (except Unimak Is.)

6 per day, 18 in possession

Oct. 8 - Jan. 22

(General hunt only)

Oct. 8 - Jan. 22Units 10 (Unimak Is. only)

6 per day, 18 in possession

Sept. 1 - Dec. 16

(General hunt only) Sept. 1 - Dec. 16 Units 17 and 18

3 per day, 9 in possession

Sept. 1 - Dec. 16

(General hunt only) Sept. 1 - Dec. 16 (D) Geese, White-fronted

Units 1 - 4

Sept. 1 - Nov. 30Sept. 1 - Nov. 304 per day, 12 in

possession

Dec. 16 - Dec. 31

Units 5 - 7, 11 - 16, and 19 - 264 per day, 12 in posses-

sion

Units 9, 10 (Unimak

Is. only), and 17

Sept. 1 - Dec. 16

(General hunt only)Sept. 1 - Dec. 16 6 per day, 18 in posses-

sion

Unit 18Sept. 1 - Dec. 16

(General hunt only)

Sept. 1 - Dec. 16 10 per day, 30 in posses-

sion

Unit 8Oct. 8 - Jan. 22

(General hunt only)

Oct. 8 - Jan. 22 4 per day, 12 in posses-

sion

Unit 10 (except

Unimak Is.)

Oct. 8 - Jan. 22

(General hunt only)Oct. 8 - Jan. 22 6 per day, 18 in posses-

sion

(E) Geese, Light (Snow

and Ross')

Units 1 - 4

Sept. 1 - Nov. 30

Sept. 1 - Nov. 306 per day, 18 in

possessionDec. 16 - Dec. 31

Dec. 16 - Dec. 31

Units 5 - 7, 9, 10 (Unimak

Is. only), and 11 - 26

6 per day, 18 in posses-

sion

Units 8 and 10 (except

Unimak Is.)

Oct. 8 - Jan. 22

(General hunt only)Oct. 8 - Jan. 22 6 per day, 18 in posses-

sion

(F) Brant

Units 1 - 4, 11 - 13,

and 17 - 26

Sept. 1 - Oct. 21 Sept. 1 - Oct. 21 2 per day,

6 in possession

Units 5 - 7, 9, 10 (Unimak

Is. only), and 14 - 16

Oct. 1 - Nov. 20Oct. 1 - Nov. 202 per day, 6 in posses-

sion

Units 8 and 10 (except

Unimak Is.)

Oct. 8 - Nov. 27

(General hunt only)Oct. 8 - Nov. 272 per day, 6 in possession

(G) Emperor geese

Units 1 - 26

No open season.No open season. (H) Cranes

Units 1 - 4

Sept. 1 - Nov. 30

Sept. 1 - Nov. 302 per day, 6 in

possessionDec. 16 - Dec. 31Dec. 16 - Dec. 31Units 5 - 7, 9, 10 (Unimak

Is. only), and 14 - 17

2 per day, 6 in posses-

sion

Units 8 and 10 (except

Unimak Is.)

Oct. 8 - Jan. 22

(General hunt only)Oct. 8 - Jan. 22 2 per day, 6 in posses-

sion

Units 11, 12, 13, and 18 - 26Sept. 1 - Dec. 16

(General hunt only)

Sept. 1 - Dec. 16 3 per day, 9 in posses-

sion

(I) Snipe

Units 1 - 4

Sept. 1 - Nov. 30 Sept. 1 - Nov. 308 per day, 24 in

possession

Dec. 16 - Dec. 31

Units 5 - 7, 9, 10 (Unimak

Is. only), and 11 - 26

8 per day, 24 in posses-

sion

Units 8 and 10 (except

Unimak Is.)

Oct. 8 - Jan. 22

(General hunt only)Oct. 8 - Jan. 228 per day, 24 in posses-

sion

(J) Tundra swans

Unit 17Sept. 1 - Oct. 31

(General hunt only)

Sept. 1 - Oct. 313 swans per season, by regis-

tration permit only; up to 200

permits will be issued

Unit 18Sept. 1 - Oct. 31

(General hunt only)

Sept. 1 - Oct. 313 swans per season, by regis-

tration permit only; up to 300

permits will be issued

Unit 22Sept. 1 - Oct. 31

(General hunt only)

Sept. 1 - Oct. 313 swans per season, by regis-

tration permit only; up to 200

permits will be issued

Unit 23Sept. 1 - Oct. 31

(General hunt only)

Sept. 1 - Oct. 31 3 swans per season, by regis-

tration permit only; up to 200

permits will be issued

All other units

No open season.No open season.

(b) Repealed 6/16/91.

Note: The total combined bag and possession limit for migratory game birds taken

with the use of a falcon under a falconry permit is three per day and nine in possession.2. Note: Repealed 8/26/96.3. Note: The limits for ducks in 5 AAC 85.065(a)(4)(A) include all species of ducks,

except those designated as sea ducks. For the purposes of this regulation, sea ducks

include harlequin ducks, long-tailed ducks, eiders, scoters, and common and red-

breasted mergansers; however, there is no open season on spectacled or Steller's eiders.

History

Authority: AS 16.05.060; AS 16.05.255; AS 16.05.258
Eff. 8/20/89, Register 111; am 9/1/89, Register 111; am 8/9/90, Register 115; am 8/12/90, Register 115; am 12/27/90, Register 116; am 6/16/91, Register 118; am 7/1/92, Register 122; am 5/13/93, Register 126; am 7/1/93, Register 126; am 8/25/94, Register 131; am 8/31/94, Register 131; am 9/8/94, Register 131; am 7/8/95, Register 135; am 7/9/95, Register 135; am 8/1/95, Register 135; am 8/4/95, Register 135; am 6/28/96, Register 138; am 8/26/96, Register 139; am 7/18/97, Register 143; am 7/26/97, Register 143; am 7/1/98, Register 146; add'l am 7/1/98, Register 146; am 8/6/98, Register 147; am 7/1/99, Register 150; am 7/7/99, Register 151; am 7/17/99, Register 151; am 9/29/99, Register 151; am 7/1/2000, Register 154; add'l am 7/1/2000, Register 154; am 7/24/2000, Register 155; am 7/6/2001, Register 159; am 10/27/2001, Register 160; am 7/1/2002, Register 162; am 7/1/2005, Register 174; am 8/31/2005, Register 175; am 8/31/2006, Register 179; am 8/31/2007, Register 183; am 8/31/2008, Register 187; am 7/1/2009, Register 190; am 8/31/2009, Register 191; am 9/1/2009, Register 191; am 7/1/2010, Register 194; am 8/31/2011, Register 199; am 7/1/2012, Register 202; am 8/31/2013, Register 207; am/readopt 8/31/2014, Register 211; am 9/2/2014, Register 211; am 7/1/2015, Register 214; am 8/31/2015, Register 216; am 8/31/2016, Register 219; am 7/1/2017, Register 222; am 7/1/2018, Register 226; am 7/1/2019, Register 230; add'l am 7/1/2019, Register 230; am 7/1/2020, Register 234; add'l am 7/1/2020, Register 234; am 8/31/2022, Register 243; am 7/1/2023, Register 246; am 7/28/2023, Register 247; am 7/7/2024, Register 251; am 7/1/2025, Register 254; am 8/31/2025, Register 255

5 AAC 85.070 Hunting season and bag limits for unclassified game {#sec-5-aac-85.070 omnilex-key=us-ak-regs-official--title-5--5 AAC 85.070}

Units and Bag Limits

Resident

Open Season

(Subsistence and

General Hunts)

Nonresident

Open Season

(1)

Shrew, mouse, and porcupine

Units 1-26

No closed season.No closed season.No limit

(2)

Repealed 7/1/2002

(3)

Cormorant (Pelagic and

Double-crested only)

Units 6, 8, 9, 10, 17, 18, 22,

and 23

Sept. 1 - Apr. 1No open season.No limit; however, a bird may

be taken only if used for food

or clothing, and no bird or part

of a bird may be sold or offered

for sale

(Subsistence hunt only) (4)

Crow

Units 1-9 and 15Mar. 1 - Apr. 15

(General hunt only)

Sept. 1 - Nov. 17

(General hunt only)

Mar. 1 - Apr. 15

Sept. 1 - Nov. 175 per day; however, a bird may

be taken only if used for food

or clothing, and no bird or part

of a bird may be sold or offered

for sale

Units 10-14 and 16-26

No open season.No open season. (5)

Snowy Owl

Units 17, 18, 22, 23, and 26Sept. 1 - Apr. 1

(Subsistence hunt only)

No open season.No limit; however, a bird may

be taken only if used for food

or clothing, and no bird or part

of a bird may be sold or offered

for sale

(6)

Repealed 7/1/2002

(7)

Repealed 7/8/95

(8)

Repealed 7/8/95

(9)

Feral nonindigenous

gallinaceous birds

Units 1-26

No closed season.No closed season.No limit.

(10)

Pika

Units 12 and 20(E)

No closed season.No closed season.No limit.

(11)

all unclassified game

Unit 14C, within the Joint

Base Elmendorf-Richardson

Management Area

No closed season.No closed season.No limit.

(b) Repealed 6/16/91.

History

Authority: AS 16.05.255; AS 16.05.258; AS 16.05.330
Eff. 8/20/89, Register 111; am 8/9/90, Register 115; am 12/27/90, Register 116; am 6/16/91, Register 118; am 5/13/93, Register 126; am 7/8/95, Register 135; am 6/28/96, Register 138; am 7/1/98, Register 146; am 7/1/2002, Register 162; am 7/1/2006, Register 178; am 7/1/2016, Register 218; am 7/1/2019 Register 230

5 AAC 85.075 Hunting seasons and bag limits for deleterious exotic wildlife {#sec-5-aac-85.075 omnilex-key=us-ak-regs-official--title-5--5 AAC 85.075}

For the taking of game classified as deleterious exotic wildlife, as defined in 5 AAC 92.990, there are no bag limits, and no closed season for general hunts.

History

Authority: AS 16.05.255
Eff. 7/8/95, Register 135

5 AAC 85.080 Hunting seasons and bag limits for Rocky Mountain mule deer {#sec-5-aac-85.080 omnilex-key=us-ak-regs-official--title-5--5 AAC 85.080}

Units and Bag Limits

Resident

Open Season

(Subsistence and

General Hunts)

Nonresident

Open Season

(1)

Units 1, 5, 11-13, 20, and 25

No limit

No closed season.No closed season.

History

Authority: AS 16.05.060; AS 16.05.255; AS 16.05.258
Eff. 7/1/2019, Register 230

5 AAC 85.085 Hunting seasons and bag limits for white-tailed deer {#sec-5-aac-85.085 omnilex-key=us-ak-regs-official--title-5--5 AAC 85.085}

Units and Bag Limits

Resident

Open Season

(Subsistence and

General Hunts)

Nonresident

Open Season

(1)

Units 1, 5, 11-13, 20, and 25

No limit

No closed season.No closed season.

History

Authority: AS 16.05.060; AS 16.05.255; AS 16.05.258
Eff. 7/1/2019, Register 230

Chapter 92 Statewide Provisions

Article 1 General

5 AAC 92.001 Application of this chapter {#sec-5-aac-92.001 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.001}

Except as specifically provided otherwise, the regulations in this chapter apply statewide to subsistence hunting, general hunting, and trapping, as applicable. This chapter does not apply to other responsibilities of the commissioner, including activities relating to

(1) animal propagation;

(2) scientific studies;

(3) stocking conducted under AS 16.05.050;

(4) issuance of permits for collection of animals under AS 16.05.340(b);

(5) the isolated taking of animals necessary for immediate protection of wildlife populations or the general public or property under AS 16.05.020; or

(6) issuance of any other department permits authorized by state or federal law.

History

Authority: AS 16.05.255; AS 16.05.258
Eff. 7/5/85, Register 95; readopt 5/13/93, Register 126; am 7/1/2012, Register 202

5 AAC 92.002 Liability for violations {#sec-5-aac-92.002 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.002}

Unless otherwise provided in 5 AAC 84 - 5 AAC 92, or in AS 16, a person who violates a provision of 5 AAC 84 - 5 AAC 92 is strictly liable for the offense, regardless of that person's intent.

History

Authority: AS 16.05.255
Eff. 7/5/85, Register 95; am 8/20/89, Register 111

5 AAC 92.003 Hunter education and orientation requirements {#sec-5-aac-92.003 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.003}

(a) Except for a beneficiary of a proxy hunter, a person born after January 1, 1986 that is

(1) required to have a hunting license must have successfully completed a certified hunter education course in order to hunt in Units 7, 13, 14, 15, and 20;

(2) not required to have a hunting license, and who has not successfully completed a certified hunter education course, must, in order to hunt in Units 7, 13, 14, 15, and 20, be under the direct immediate supervision of a licensed hunter who

(A) is 18 years of age or older and has successfully completed a certified hunter education course; or

(B) was born on or before January 1, 1986.

(b) Notwithstanding (a) of this section, a hunter who is 10 through 17 years of age at the start of the hunt, and has successfully completed a certified hunter education course, is allowed to hunt on behalf of a permit holder who is at least 18 years of age, under the direct immediate supervision of that permit holder, who is responsible for ensuring that all legal requirements are met.

(c) A nonresident hunter must have attended a department-approved hunter orientation course, to include trophy recognition and meat care, before hunting for moose.

(d) Repealed 7/1/2025.

(e) A muzzleloader hunter in a restricted-weapons hunt must have successfully completed a department-approved muzzleloader hunter education course that includes ballistic limitations of muzzleloading weapons and a proficiency test.

(f) A shotgun hunter in a restricted-weapons hunt for big game must have successfully completed a department-approved hunter education course.

(g) A person may not take a bear over bait in Unit 7 and Units 14 - 16 with a bow and arrow unless the person has successfully completed a department-approved bowhunter education course.

(h) In Unit 23, a pilot may not transport parts of big game with an aircraft without having, in actual possession, the pilot's certificate of successful completion of a department-approved education course regarding big game hunting and meat transportation in the unit. The provisions of this section do not apply to the transportation of parts of big game between state maintained airports.

(i) Before a person hunts sheep within the Red Sheep and Cane Creek drainages within the Arctic Village Sheep Management Area of Unit 25(A), that person must possess proof of completion of a department-approved hunter ethics and orientation course, including land status and trespass information.

(j) A hunter 10 through 17 years of age participating in a youth hunt must have successfully completed a department-approved basic hunter education course.

(k) A person born on or after January 1, 1986 that is using a longbow, recurve bow, or compound bow to hunt big game must have successfully completed a department-approved bowhunter education course.

(l) A person born on or after January 1, 1986 that is using a crossbow must have successfully completed a department-approved crossbow hunter certification course.

(m) A person must have successfully completed a department-approved hunter orientation course, to include antler recognition, prior to hunting moose in Units 7 and 15.

(n) Repealed 7/1/2025.

(o) When participating in a hunt that requires a department-approved education or orientation course under this section, a person must have proof of course completion in possession.

(p) A person must have successfully completed a department-approved hunter orientation course, to include sex identification, before hunting mountain goat.

(q) Beginning July 1, 2026, a person must have successfully completed a department-approved hunter orientation course before hunting sheep in a general season harvest ticket hunt from August 10 - September 20 where the bag limit is one ram with full-curl horn or larger.

History

Authority: AS 16.05.255; AS 16.55.020
Eff. 7/26/97, Register 143; am 7/1/99, Register 150; am 7/1/2000, Register 154; am 7/1/2001, Register 158; am 7/1/2002, Register 162; am 7/1/2004, Register 170; am 7/1/2005, Register 174; am 7/1/2006, Register 178; am 7/1/2010, Register 194; am 7/1/2012, Register 202; am 7/1/2014, Register 210; am 7/1/2016, Register 218; am 7/1/2017, Register 222; am 7/1/2018, Register 226; am 7/1/2020, Register 234; am 6/23/2022, Register 242; am 7/1/2023, Register 246; am 7/1/2025, Register 254

5 AAC 92.004 Policy for off-road vehicle use for hunting and transporting game {#sec-5-aac-92.004 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.004}

(a) Off-road vehicles are a legitimate method of transporting hunters and game in the state, subject to requirements of federal, state, and local landowners. If the Board of Game, through its public process, finds that off-road vehicle use attributed to hunting activities in a specific area has resulted or is likely to result in one or more of the following conditions, it will, in its discretion, take action to avoid or minimize the conditions:

(1) soil erosion or compaction, or vegetative changes, significantly affecting important wildlife habitat, including wildlife food sources such as fish and fish streams, or wildlife distribution or abundance;

(2) harvest of a population, sex, or age class significantly affecting condition, abundance, or trophy size relative to area management goals;

(3) wildlife disturbance significantly affecting reproductive success, abundance, or condition; movement patterns, distribution, or behavior; or avoidance of important habitats such as mineral licks, birthing sites, wintering habitat, or fish spawning, incubation, and rearing sites, and other wildlife feeding sites and food sources;

(4) chronic conflicts with other user groups leading to a decline in the quality of the outdoor experience.

(b) The provisions of (a) of this section do not prevent the board from taking other action that it considers necessary or advisable to adopt or modify off-road vehicle regulations that might affect hunting or the transportation of hunters, hunting gear, or game.

(c) In this section, "off-road vehicle" includes four-wheel drive trucks and automobiles, motorcycles, three- to eight-wheeled all-terrain recreation and utility vehicles, vehicles with two tracks, air-cushioned vehicles, and airboats operated outside of a navigable waterway.

History

Authority: AS 16.05.255
Eff. 8/10/91, Register 119; am 7/1/2002, Register 162

5 AAC 92.005 Policy for changing board agenda {#sec-5-aac-92.005 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.005}

(a) The Board of Game (board) may change the board's schedule for considering proposed regulatory changes in response to an agenda change request, submitted on a form provided by the board, in accordance with the following guidelines:

(1) an agenda change request must be to consider a proposed regulatory change outside the board's published schedule and must specify the change proposed and the reason the proposed change should be considered out of sequence. An agenda change request is not intended to address proposals that could have been submitted by the deadline scheduled for submitting proposals;

(2) the board will accept an agenda change request only

(A) repealed 7/1/2018;

(B) to correct an error in a regulation; or

(D) if the request identifies a biological concern for the population or a threat to meeting objectives for the population;

(E) if the request identifies an unforeseen, unexpected event or effect that would otherwise restrict or reduce a reasonable opportunity for customary and traditional wildlife uses, as defined in AS 16.05.258(f); or

(F) if the request identifies an unforeseen, unexpected resource situation where a biologically allowable resource harvest would be precluded by delayed regulatory action and such delay would be significantly burdensome because the resource would be unavailable in the future;

(3) the board will not accept an agenda change request that is predominantly allocative in nature in the absence of new information that is found by the board to be compelling;

(4) a request must be received by the executive director of the boards support section by November 1 of the regulatory year in which the meeting is scheduled to occur;

(5) if one or more agenda change requests have been timely submitted, the board shall meet to review the requests within 30 days following the submittal deadline in subsection (4), and may meet telephonically for this purpose.

(6) when considering an agenda change request, the board should take into consideration 5 AAC 96.625(d) and 5 AAC 96.625(e);

(7) if the board accepts an agenda change request, the board will develop and consider proposals for all agenda change requests for those specified regulations.

(b) The board may change the board's schedule for consideration of proposed regulatory changes as reasonably necessary for coordination of state regulatory actions with federal agencies, programs, or laws.

History

Authority: AS 16.05.255
Eff. 7/5/85, Register 95; am 5/5/93, Register 126; am 7/1/98, Register 146; am 7/1/2012, Register 202; am 7/1/2015, Register 214; am 7/1/2018, Register 226

5 AAC 92.006 Radio telemetry frequencies {#sec-5-aac-92.006 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.006}

Repealed 8/20/89.

5 AAC 92.007 Eligibility for hunting in Gates of the Arctic National Park {#sec-5-aac-92.007 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.007}

Repealed 5/5/93.

5 AAC 92.008 Harvest guideline levels {#sec-5-aac-92.008 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.008}

For purposes of management of the named species, the department shall manage harvest by hunting and trapping as follows:

(1) wolves: the annual harvest of wolves in Unit 2 should be managed to maintain the unitwide population within a range of 150 - 200 wolves;

(2) black bears: the annual harvest of black bears on Kuiu Island in Unit 3 by nonresident hunters shall be managed so that in any given consecutive three-year period, the average annual harvest does not exceed 120 bears;

(3) musk oxen in Unit 22 and 23 Southwest: the annual combined state and federal harvest of musk oxen, and cow harvest where specified, in Unit 22 and Unit 23 Southwest may not exceed up to 15 percent, including up to 10 percent cows, of the current population estimate in the hunt area;

(4) musk oxen on Nelson Island in Unit 18: the harvest of musk oxen on Nelson Island in Unit 18 shall be managed by registration permit hunts based on the harvestable portion of the population, as follows:

(A) if 150 permits are available, 65 of the available permits will be issued on a first-come, first-served basis in the five villages of Nightmute, Tununak, Newtok, Chefornak, and Toksook Bay on an annual rotating basis; remaining permits after issuance will be issued as follows:

(i) 20 of the available permits will be issued in Bethel;

(ii) 65 of the available permits will be issued online, with up to five issued to nonresidents;

(B) if more or less than 150 permits are available, 44 percent of the available permits will be issued on a first-come, first-served basis in the five villages of Nightmute, Tununak, Newtok, Chefomak, and Toksook Bay on an annual rotating basis; remaining permits after issuance will be issued as follows:

(i) 12 percent of the available permits will be issued in Bethel; and

(ii) 44 percent of the available permits will be issued online, with up to eight percent allocated to nonresidents;

(iii) in order to achieve the desired number of permits, distribution will be adjusted proportionately until the permits available at Nightmute, Tununak, Newtok, Chefornak, and Toksook Bay reaches no less than 40 permits; the permits available online and at Bethel will then continue to be reduced proportionately.

History

Authority: AS 16.05.255
Eff. 7/1/97, Register 142; am 7/1/2001, Register 158; am 7/1/2006, Register 178; am 7/1/2008, Register 186; am 7/1/2014, Register 210; am 7/1/2015, Register 214; am 7/1/2019, Register 230

5 AAC 92.009 Obstruction or hindrance of lawful hunting or trapping {#sec-5-aac-92.009 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.009}

A person may not intentionally obstruct or hinder a bait station permittee's feasibility of taking black bear by using the station without the permittee's written permission.

History

Authority: AS 16.05.255; AS 16.05.790
Eff. 7/1/2004, Register 170

Article 2 Licenses, Harvest Tickets, Harvest Reports, Tags, and Fees

5 AAC 92.010 Harvest tickets and reports {#sec-5-aac-92.010 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.010}

(a) The number of each harvest ticket issued to a hunter must be entered on the hunter's license. A harvest ticket issued the previous calendar year and still valid must also be entered on the hunting license.

(b) After killing an animal for which a harvest ticket is required, if using a harvest ticket in paper form, the hunter shall remove immediately, before leaving the kill site, the day and month of the kill from the harvest ticket without removing any other day or month, and shall keep the validated harvest ticket in possession until the animal has been delivered to the location where it will be processed for human consumption; if using a harvest ticket in electronic form, the hunter shall immediately, before leaving the kill site, validate the harvest ticket by electronic means as directed by the department for the day and month of the kill, and shall keep the validated harvest ticket in possession until the animal has been delivered to the location where it will be processed for human consumption.

(c) Within 15 days after taking the bag limit for a species or, if the hunter does not take the bag limit, within 15 days after the close of the season, the hunter shall submit a completed harvest report to the department. A person may not falsify any fact on a harvest report submitted to the department under this subsection.

(d) A hunter who is younger than 10 years of age may not be issued a big game harvest ticket.

(e) For a permit hunt, the permit takes the place of a harvest ticket and report.

(f) For deer, a person may not hunt deer, except in a permit hunt, unless the person has in possession a deer harvest ticket, and in Units 1 - 6, and 8 has obtained a harvest report (issued with the harvest ticket). In Units 1 - 6 and Unit 8, a person must

(1) have in possession that person's unused deer harvest tickets while hunting deer; and

(2) validate the deer harvest tickets in sequential order, beginning with harvest ticket number one.

(g) For caribou, a person may not hunt caribou, except in a permit hunt, unless the person has in possession a harvest ticket and has obtained a harvest report (issued with the harvest ticket).

(h) For moose and sheep, a person may not hunt moose or sheep, except in a permit hunt or for moose in the Gates of the Arctic National Park, unless the person has in possession a harvest ticket for the species and has obtained a harvest report (issued with the harvest ticket).

(i) For elk, a person who takes an elk in Units 1 - 5 where a drawing or registration permit is not required shall report the sex and location of the kill to the department's division of wildlife conservation office in Petersburg within five days of harvest.

(j) Repealed 7/1/2019.

(k) Repealed 7/1/2010.

(l) For black bear, a person may not hunt black bear in Units 1 - 7, 11 - 16, and 20, except when a permit is required, unless the person has in possession a harvest ticket for the species and has obtained a harvest report (issued with the harvest ticket).

History

Authority: AS 16.05.255; AS 16.05.340 AS 16.05.258; AS 16.05.370
Eff. 7/5/85, Register 95; am 8/8/87, Register 103; am 8/20/89, Register 111; readopt 5/13/93, Register 126; am 7/1/93, Register 126; am 7/1/98, Register 146; em am 8/28/2000 - 12/25/2000, Register 155; am 7/1/2001, Register 158; am 8/22/2001, Register 159; am 7/1/2002, Register 162; am 7/1/2005, Register 174; am 7/1/2007, Register 182; am 7/1/2009, Register 190; add'l am 7/1/2009, Register 190; am 7/1/2010, Register 194; add'l am 7/1/2010, Register 194; am 7/1/2011, Register 198; 1st add'l am 7/1/2011, Register 198; 2nd add'l am 7/1/2011, Register 198; am 7/1/2016, Register 218; am 7/1/2017, Register 222; am 7/1/2019, Register 231; am 9/19/2019, Register 231; am 8/10/2024, Register 251

5 AAC 92.011 Taking of game by proxy {#sec-5-aac-92.011 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.011}

(a) A resident hunter (the proxy) holding a valid resident hunting license may take specified game for another resident (the beneficiary) who is blind, physically or developmentally disabled, or 65 years of age or older, as authorized by AS 16.05.405 and this section.

(b) Both the beneficiary and the proxy must possess copies of a completed proxy authorization form issued by the department. The completed authorization must include

(1) names, addresses, hunting license numbers, and signatures of the proxy and the beneficiary;

(2) number of the required harvest ticket report or permit harvest report;

(3) effective dates of the authorization; and

(4) signature of the issuing agent.

(c) A proxy authorization may not be used to take a species of game for a beneficiary for more than the length of the permit hunt season listed on the proxy authorization or for the maximum length of the species general season listed on the proxy authorization.

(d) A person may not be a proxy

(1) for more than one beneficiary at a time;

(2) more than once per season per species in Unit 13;

(3) for Tier II Caribou in Unit 13, unless the proxy is a Tier II permittee;

(4) for more than one person per regulatory year for moose in Units 20(A) and 20(B);

(5) more than once per person per regulatory year for Fortymile and White Mountains caribou registration hunts in Units 20(B), 20(D), 20(E), 20(F), and 25(C).

(e) Repealed 7/26/97.

(f) A proxy who takes game for a beneficiary shall, as soon as practicable, but not later than 30 days after taking game, personally deliver all parts of the game removed from the field to the beneficiary.

(g) Except for reporting requirements required by (h) of this section, a proxy who hunts or kills game for a beneficiary is subject to all the conditions and requirements that would apply to the beneficiary if the beneficiary personally hunted or killed the game.

(h) Reporting requirements for proxy and beneficiary are as follows:

(1) if the proxy takes the bag limit for the beneficiary, the proxy shall provide the beneficiary with all the information necessary for the beneficiary to complete and return the harvest ticket report or permit harvest report, as required by regulation, to the department within the time periods specified for such reports; the beneficiary is responsible for the timely return of the harvest ticket and permit harvest reports;

(2) if the proxy is unsuccessful or does not take the bag limit for the beneficiary, the proxy shall provide the beneficiary with any information necessary for the beneficiary to complete and return the harvest ticket report or permit harvest report, as required by regulation, to the department within the time periods specified for such reports; the beneficiary is responsible for the timely return of the harvest ticket and permit harvest reports;

(3) the department may require the proxy to complete a proxy hunter report issued with the authorization form and mail it to the department within 15 days after the effective period of the authorization.

(i) A person may not give or receive remuneration in order to obtain, grant, or influence the granting of a proxy authorization.

(j) A proxy participating in a proxy hunt must remove at least one antler from the skull plate or cut the skull plate in half, on an antlered animal, for both the proxy's animal and the beneficiary's animal before leaving the kill site, unless the department has established a requirement that complete antlers and skull plates must be submitted to the department.

(k) Proxy hunting under this section is only allowed for

(1) caribou;

(2) deer;

(3) moose in Tier II hunts, any-bull hunts, antlered-bull hunts without antler restrictions, and antlerless moose hunts; and

(4) emperor geese;

(5) muskoxen in Tier II hunts; and

(6) plains bison.

(l) Notwithstanding (k) of this section, proxy hunting is prohibited in the following hunts where the board has determined that the use of the proxy would allow circumvention of harvest restrictions specified by the board, or where the board has otherwise directed:

(1) Unit 20(E) moose registration hunts;

(2) Units 21(B), 21(C), 21(D), and 24 moose hunts if either the proxy or the beneficiary holds a drawing permit for Units 21(B), 21(C), 21(D), or 24 moose hunts;

(3) Units 9(A) and 9(B), Unit 9(C), that portion within the Alagnak River drainage, and Units 17(B), 17(C), 18, 19(A), 19(B) and 19(E) caribou hunts from August 1 through October 31;

(4) Unit 5(A) deer hunts from October 15 through October 31;

(5) Unit 20(D), within the Delta Junction Management Area, the moose drawing hunt for qualified disabled veterans.

History

Authority: AS 16.05.255; AS 16.05.405
Eff. 7/1/93, Register 126; am 7/9/95, Register 135; am 6/28/96, Register 138; am 8/19/96, Register 139; am 7/26/97, Register 143; am 7/1/2006, Register 178; am 7/1/2007, Register 182; am 7/1/2010, Register 194; am 7/1/2012, Register 202; am 7/1/2013, Register 206; am 7/1/2014, Register 210; am 7/1/2018, Register 226; am 6/23/2022, Register 242; am 8/10/2024, Register 251; am 7/1/2025, Register 254

5 AAC 92.012 Licenses and tags {#sec-5-aac-92.012 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.012}

(a) No hunting or trapping license is required of a resident under the age of 18. An appropriate license and big game tag are required of nonresidents, regardless of age, for hunting and trapping. No person may take waterfowl unless that person has a current, validated, federal migratory bird hunting stamp or "duck stamp" in possession as required under federal regulations.

(b) Upon request from an employee of the department or a peace officer of the state, a person may not refuse to present for inspection any license, harvest ticket, permit, tag, or proof of completion of a course required under 5 AAC 92.003, any game, or any apparatus designed to be, and capable of being, used to take game.

(c) A resident may not take a brown bear, except as provided in 5 AAC 92.015, or a musk ox, without possessing a numbered, nontransferable, appropriate tag, issued to that person. The person taking game shall, prior to leaving the kill site, affix the locking tag to the portion of the animal required to be salvaged from the field, and the person shall keep the tag affixed until the animal is prepared for storage, consumed, or exported.

(d) In any hunt requiring that nonresidents be personally accompanied by a registered guide or resident second-degree-kindred relative while hunting, pursuing, or taking big game, if a nonresident hunter chooses to be accompanied by a resident second-degree-kindred relative, the resident second-degree-kindred relative must have in possession a valid big game hunting license issued in this state.

(e) In any hunt where a numbered, non-transferable locking tag is required, a person taking big game shall, prior to leaving the kill site, affix the locking tag to the portion of the animal required to be salvaged from the field and the person shall keep the tag affixed until the animal is prepared for storage, consumed, or exported.

(f) In any hunt where a nontransferable locking tag is required under AS 16.05.340 the hunter cannot attempt to take game without previously purchasing the tag. The big game tag record must also be completed prior to the attempt to take game and be in the hunter's actual possession in the field while hunting, pursuing, or attempting to take game.

History

Authority: AS 16.05.255; AS 16.05.258; AS 16.05.340
Eff. 7/5/85, Register 95; am 8/20/89, Register 111; readopt 5/13/93, Register 126; am 7/1/2010, Register 194; am 7/1/2011, Register 198; am 7/1/2014, Register 210; am 7/1/2016, Register 218; am 7/1/2018, Register 226; am 7/1/2020, Register 234; am 6/23/2022, Register 242

5 AAC 92.013 Migratory bird hunting guide services {#sec-5-aac-92.013 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.013}

(a) A migratory bird hunting guide shall register each year with the department before providing migratory bird hunting guide services by submitting to the department a completed migratory bird hunting guide registration form provided by the department that includes at least the following information at the time of registration:

(1) the name, permanent residence address, mailing address, and phone number of the migratory bird hunting guide;

(2) the areas in which the migratory bird hunting guide will operate; and

(3) the name, address, and telephone number of any business that employs the migratory bird hunting guide or that the guide is affiliated with for the purposes of providing migratory bird hunting guiding services.

(b) A person engaged in providing migratory bird hunting guide services must have in possession a copy of a validated migratory bird guide hunting registration form for the current year.

(1) "migratory bird hunting guide" means a person who provides migratory bird hunting guide services;

(2) "migratory bird hunting guide services" means to assist, for compensation or with the intent to receive compensation, a migratory bird hunter to take or attempt to take migratory birds by accompanying or personally directing the hunter in migratory bird hunting activities;

(3) "person" includes a business entity.

History

Authority: AS 16.05.255
Eff. 7/1/2002, Register 162

5 AAC 92.014 Brown bear tag fee exemption {#sec-5-aac-92.014 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.014}

Repealed 8/10/90.

5 AAC 92.015 Brown bear tag fee exemptions {#sec-5-aac-92.015 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.015}

(a) A resident tag is not required for taking a brown bear in the following units:

(1) Unit 11;

(2) Units 13 and 16(A);

(3) Unit 16(B) and Unit 17;

(4) Units 12, 19, 20, 21, 24, 25, and 26;

(5) repealed 7/1/2010;

(6) repealed 7/1/2010;

(7) repealed 7/1/2010;

(8) Unit 22;

(9) Unit 23;

(10) repealed 7/1/2010;

(11) Unit 9, within the following areas, unless a smaller area is defined by the department in an applicable permit:

(A) Unit 9(B), within five miles of the communities of Port Alsworth, Nondalton, Iliamna, Newhalen, Pile Bay, Pedro Bay, Pope Vanoy Landing, Kakhonak, Igiugig, and Levelock;

(B) Unit 9(C), within five miles of the communities of King Salmon, Naknek, and South Naknek;

(D) Unit 9(E), within five miles of the communities of Egegik, Pilot Point, Ugashik, Port Heiden, Port Moller, Chignik Lake, Chignik Lagoon, Chignik Bay, Perryville, and Ivanof Bay;

(12) Unit 10, within three miles of the community of False Pass, unless a smaller area is defined by the department in an applicable permit;

(13) Unit 18.

(b) In addition to the units as specified in (a) of this section, if a hunter obtains a subsistence registration permit before hunting, that hunter is not required to obtain a resident tag to take a brown bear in the following units:

(1) Unit 9(B);

(2) Unit 9(E), that portion including all drainages that drain into the Pacific Ocean between Cape Kumliun and the border of Unit 9(D) and Unit 9(E);

(3) Unit 17;

(4) Unit 18;

(5) repealed 7/1/2010;

(6) repealed 7/1/2010;

(7) Unit 22;

(8) Unit 23;

(9) repealed 7/1/2010;

(10) Unit 26(A).

History

Authority: AS 16.05.255; AS 16.05.258; AS 16.05.340
Eff. 7/1/92, Register 122; readopt 5/13/93, Register 126; am 7/7/94, Register 131; am 7/9/95, Register 135; am 7/16/95, Register 135; am 7/1/98, Register 146; am 7/1/2000, Register 154; am 7/1/2002, Register 162; am 7/1/2003, Register 166; am 7/1/2004, Register 170; add'l am 7/1/2004, Register 170; am 7/1/2005, Register 174; am 7/1/2006, Register 178; add'l am 7/1/2006, Register 178; am 7/1/2007, Register 182; am 7/1/2010, Register 194; am 7/1/2011, Register 198; am 7/1/2012, Register 202; am 7/1/2013, Register 206

5 AAC 92.016 Musk oxen tag fees {#sec-5-aac-92.016 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.016}

The resident tag fee for hunting musk oxen by registration permit on Nelson Island and on Nunivak Island is $25. A resident tag is not required for taking musk oxen in subsistence hunts.

History

Authority: AS 16.05.255; AS 16.05.258; AS 16.05.340
Eff. 7/5/85, Register 95; am 8/8/87, Register 103; am 8/28/91, Register 119; readopt 5/13/93, Register 126; am 7/9/95, Register 135; am 7/1/98, Register 146; am 7/1/2014, Register 210; am 7/1/2025, Register 254

5 AAC 92.017 Koyukon Potlatch Ceremony {#sec-5-aac-92.017 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.017}

(a) The taking of big game for food outside the seasons and bag limits for the traditional Koyukon Potlatch Funerary or Mortuary Ceremony is authorized if consistent with sustained yield principles.

(b) A written permit from the department is not required for taking big game under this section.

(c) Immediately after big game is taken under this section, a tribal chief, village council president, or the chief's or president's designee, for the village in which the religious ceremony will be held, must maintain a list of the designated hunters who successfully participated in the taking of the big game animals. The list must be made available, after the hunt is completed, to an authorized representative of the department upon request.

(d) The tribal chief, village council president, or designee must notify the department as soon as practical, but not more than 15 days after the harvest, of the location of the kill and the species, sex, and number of the big game animals taken.

(e) It is an affirmative defense to a prosecution for taking big game outside the seasons or bag limit restrictions established in 5 AAC 85 that

(1) the person is an Alaska resident;

(2) the taking was authorized under this section and the meat was used in a Koyukon Potlatch Funerary or Mortuary Ceremony; and

(3) the requirements of (c) and (d) have been met.

History

Authority: Art. I, sec. 4,Ak. Const.AS 16.05.255
Eff. 7/1/2003, Register 166

5 AAC 92.018 Waterfowl conservation tag {#sec-5-aac-92.018 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.018}

A person required to possess an Alaska waterfowl conservation tag or "stamp" under AS 16.05.340(a)(17) shall

(1) register in the Migratory Bird Harvest Information Program and carry proof of that registration while hunting migratory birds; and

(2) if using a paper license, sign the tag across its face before hunting migratory birds.

History

Authority: AS 16.05.255; AS 16.05.258; AS 16.05.340
Eff. 7/5/85, Register 95; readopt 5/13/93, Register 126; am 7/1/98, Register 146; am 9/19/2019, Register 231

5 AAC 92.019 Taking of big game for certain religious ceremonies {#sec-5-aac-92.019 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.019}

(a) The hunting and taking of game species having a positive finding in 5 AAC 99.025, outside the seasons or bag limits established in 5 AAC 85, for use in this state as food in customary and traditional Alaska Native funerary or mortuary religious ceremonies within 12 months preceding the ceremony is authorized if consistent with sustained yield principles.

(b) The department shall publicize a list of game populations and areas, if any, for which the taking of game is inconsistent with sustained yield principles. It is the hunter's responsibility to contact the department to find out which game populations and areas are excluded from taking under this regulation.

(c) A written permit from the department is not required for taking game under this section, except that in nonsubsistence areas, described in 5 AAC 99.015, and the Gulkana, Cantwell, Chistochina, Gakona, Mentasta, Tazlina, Chitina, and Kluti Kaah Community Harvest Area defined in 5 AAC 92.074(d), a ceremonial harvest report form, provided by the department, must be obtained and jointly completed by the hunter and the tribal chief, village council president, clan leader, traditional Native head of family, or clan leader's designee for the village associated with the customary and traditional Alaska Native funerary or mortuary religious ceremony.

(d) Before game is taken under this section a tribal chief, village council president, clan leader, traditional Native head of family, or the chief's, president's, traditional Native head of family, or clan leader's designee for the village associated with the religious ceremony, must notify the nearest office of the department that a hunt for game will take place. The notification must include the number of animals expected to be taken and the location where the taking will occur. The tribal chief, village council president, clan leader, traditional Native head of family, or designee must maintain records of the successful hunters and the decedents for the ceremony, and make that information available to an authorized representative of the department upon request. The tribal chief, village council president, clan leader, traditional Native head of family, or designee must notify the department of the location, species, sex, and number of animals taken under this section as soon as practicable, but not more than 15 days after the taking of game.

(e) It is an affirmative defense to a prosecution for hunting or taking big game outside the season or bag limit restrictions established in 5 AAC 85 that

(1) the person is a resident of this state;

(2) the hunting or taking was authorized under this section and the meat was used in a customary and traditional Alaska Native funeral or mortuary religious ceremony; and

(3) if the person took big game, the requirements of (d) of this section have been met.

(f) This section does not authorize the taking of game in areas where hunting is prohibited or when prohibited by a federal law that preempts state laws on point.

(g) In this section, "traditional Native head of family" means a person who, according to an Alaska Native tradition, is viewed as a head of a family and is charged with duties similar to those of a tribal chief, village council president, or clan leader regarding traditional Alaska Native funerary or mortuary rites.

History

Authority: Art. I, sec. 4,Ak. Const.AS 16.05.255
Eff. 8/8/87, Register 103; am 6/28/96, Register 138; am 7/1/2002, Register 162; am 7/1/2003, Register 166; am 7/1/2010, Register 194; am 7/1/2014, Register 210

Article 3 Permits

5 AAC 92.020 Application of permit regulations and permit reports {#sec-5-aac-92.020 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.020}

(a) The provisions of 5 AAC 92.028 - 5 AAC 92.053 apply to nontransferable permits issued by the department for possessing or taking game, and to conditions and procedures for permit hunts. The provisions of 5 AAC 92.065 and 5 AAC 92.066 apply to permits for access to state game sanctuaries.

(b) A person may not falsify any fact on an application, affidavit, permit, or report form required by the permit or by this section or 5 AAC 92.028 - 5 AAC 92.066. A required report must be made in accordance with the instructions on the permit, and must be submitted to the department before, or upon, expiration of the permit, unless otherwise specified.

History

Authority: AS 16.05.255
Eff. 7/5/85, Register 95; am 8/20/89, Register 111; am 7/1/2014, Register 210

5 AAC 92.025 Permit for exporting a raw skin {#sec-5-aac-92.025 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.025}

Repealed

History

Eff. 7/5/85, Register 95; repealed 7/1/2014, Register 210

5 AAC 92.027 Permit for exporting big game trophies {#sec-5-aac-92.027 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.027}

Repealed.

History

Eff. 7/5/85, Register 95; am 8/20/89, Register 111; repealed 7/1/98, Register 146

5 AAC 92.028 Aviculture permits {#sec-5-aac-92.028 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.028}

(a) No person may hold in captivity a bird listed in (d) of this section without a biennial aviculture permit in possession. Each permit holder shall keep each bird held under this permit wingclipped. No bird may be released into the wild.

(b) The department will issue an aviculture permit if the applicant demonstrates to the satisfaction of the department the ability to properly care for the birds to be kept under the permit as follows:

(1) provide suitable facilities to house, breed, and maintain the birds in a clean and healthy condition;

(2) provide adequate food, water, shelter, and sanitation for the birds;

(3) protect the birds from injury and predation; and

(4) prevent overcrowding;

(c) An aviculture permit is valid from the date issued until the second January 31 after that date. Each permittee shall submit an annual report to the department concerning birds held during the year by January 31 of each year. Failure to report may result in revocation of the permit. The report must reflect all activities conducted under the authority of the permit during the year and list by common name, genus, and species the number and sex of

(1) each bird alive and in possession;

(2) each bird acquired and the source of each bird acquired;

(3) each bird that died and the probable cause of death;

(4) each bird sold, traded, or given as a gift; the name and address of the recipient; and if sold, given, or traded within Alaska, the aviculture permit number of the recipient.

(d) The permittee may possess, sell, import, or export captive bred, nonendangered birds listed in (3) of this subsection, however,

(1) an imported bird must be accompanied by a licensed veterinarian's certificate of good health;

(2) a bird may be exported only if the exportation is in compliance with the recipient's state and federal regulations;

(3) the permit applies to the following birds in the order Galliformes:

(A) a member of the family Megapodiidae (Megapodes, 10 spp.);

(B) a member of the family Cracidae (Curassow family, 44 spp.);

(i) a member of the genus Alectoris (Rock, Barbary, Red-legged, etc., Partridge), except Alectoris chukar, the Chukar partridge, for which no permit is required;

(ii) a member of the genus Francolinus (Francolins);

(iii) a member of the genus Ammoperdix (Sand-partridge); and

(iv) in the subfamily Tetraoninae, Tetrao urogallus (Capercaille); and

(D) no permit will be issued for other birds in the order Galliformes.

(e) The department will, in its discretion, and at a reasonable hour, inspect the birds and aviculture facilities of a permit holder. The department will, in its discretion, revoke a permit if

(1) an inspection reveals a bird to be in poor condition as a result of the permittee's negligence; or

(2) the facilities are found to be inadequate; or

(3) the permittee is found to be in violation of a provision of this section.

(f) No permittee may kill a bird of prey in defense of the permittee's birds. A permittee may, with prior permission from the department, be allowed to trap a bird of prey in defense of the permittee's birds.

History

Authority: AS 16.05.255; AS 16.05.270; AS 16.05.920
Eff. 2/27/87, Register 105

5 AAC 92.029 Permit for possessing live game {#sec-5-aac-92.029 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.029}

(a) Except as otherwise provided in this chapter, or in AS 16, no person may possess, import, release, export, or assist in importing, releasing, or exporting, live game, unless the person holds a possession permit issued by the department.

(b) The following species, not including a hybrid of a game animal and a species listed in this subsection, may be possessed, imported, exported, bought, sold, or traded without a permit from the department but may not be released into the wild:

Common NameScientific NameDogCanis familiaris CatFelis catus SheepOvis aries GoatCapra hircus CattleBos taurus OxenBos spp.HorseEquus caballus Guinea pigCavia porcellus Reindeer (except feral reindeer)Rangifer tarandus Var.LlamaLama peruana AlpacaLama pacos One-humped camelCamelus dromedarius AssEquus asinus Var.MuleEquus asinus x caballus SwineSus scrofa domesticusEuropean ferretMustela putorius furo European rabbitOryctolagus cuniculus Var.White ratRattus norvegicus Var. albinus Mice: white, waltzing, singing,Mus musculus Var. shaker, piebaldFat-tailed gerbilPachyuromys duprasi GerbilGerbillus spp.Hamster (golden)Mesocricetus auratus ChinchillaChinchilla laniger CavyCavia aperea Hedgehog, African PygmyErinaceus albiventris ChickenGallus gallus Var.PigeonColumia livia Var.Any Turkey speciesSubfamily Meleagridinae Any Pheasant, Junglefowl orSubfamily Phasianinae Coturnix speciesAny Guineafowl speciesSubfamily Numidinae CanarySerinus canaria Var.Parrot, parakeet, cockatiel,Family Psittacidae macaw, and other members of the Family Psittacidae not prohibited by federal or international lawToucanFamily Ramphastidae Any New World Quail speciesSubfamily Odontophorinae (including Bobwhite)MynahAcridotheres spp.Any Peafowl speciesPavo spp.Any duck, goose, swan, or other migratory waterfowl which the U.S. Fish and Wildlife Service determines does not require a federal permit for private ownershipChukar partridgeAlectoris chukarButton "quail"Family Turnicidae in the order Gruiformes Any nonvenomous reptileClass Reptilia (crocodile, alligator, snake, turtle, or lizard)Members of the bird families Fringillidae, Turdidae, Zosteripidae, Pycnonotidae, Timaliidae, and Ploceidae of non- Holarctic origin. Members of the bird families Columbidae and Trogonidae of non- nearctic origin.Elk (except feral and wild elk)(Cervus elaphus) Bison (except feral and wild bison)(Bison bison) Muskoxen (except feral and wild muskoxen)(Ovibos moschatus) EmuDromaius novaehollandiae

(c) The department may not issue a permit for the capture, possession, import, or export of any game animal, including a hybrid of a game animal and a species listed in (b) of this section, for use as a pet, except that a person that possessed a chimpanzee as a pet before January 31, 2010 may obtain a permit from the department before July 1, 2010, in order to maintain possession of the chimpanzee in this state. The propagation of chimpanzees is prohibited in this state.

(d) Under this section, and in accordance with the definition of "game" in AS 16.05.940 (which includes feral domestic animals), a

(1) game animal defined as deleterious exotic wildlife or nonindigenous gallinaceous bird is feral if the animal is not under direct control of an owner, including being confined in a cage or other physical structure, or being restrained on a leash; the commissioner may capture, destroy, or dispose of any feral deleterious exotic wildlife or feral nonindigenous gallinaceous bird in an appropriate manner;

(2) musk oxen, bison, or reindeer that is lawfully owned, or an elk held under a valid game mammal farming license, that is not confined or is not under positive control is feral unless the animal is a free-ranging animal under a state or federal grazing lease; however,

(A) a person who can demonstrate ownership of the animal may pursue and capture the animal within 48 hours after the animal escapes from confinement, without needing to obtain a permit from the department;

(B) a person who can demonstrate ownership of the animal may pursue and capture the animal more than 48 hours after the animal escapes from confinement only if the person obtains a permit from the department;

(C) any free-ranging musk oxen, bison, reindeer, or elk for which ownership cannot be demonstrated is presumed to be game;

(D) for purposes of this paragraph, ownership of an animal can be demonstrated only by means of a clearly visible permanent brand, ear tag, or owner's mark on the body of the animal.

(e) Any of the above species of bird, mammal, or reptile that is endangered may not be held in private ownership without a permit from the United States Fish and Wildlife Service.

(f) Notwithstanding (b) of this section, the following species may be temporarily released for the purpose of hunting dog or falcon training, field trials, and tests:

(1) Pigeon (Columia livia Var.);

(2) Pheasant, Jungle Fowl, or Coturnix (Subfamily Phasianinae);

(3) any Guineafowl species (Subfamily Numidinae);

(4) any New World Quail species (including Colinus) (Subfamily Odontophorinae);

(5) any duck, goose, swan, or other migratory waterfowl which the U.S. Fish and Wildlife Service has determined does not require a federal permit for private ownership;

(6) Chukar Partridge (Alectoris chukar).

(g) A person using live game listed in (f) of this section for the purpose of hunting dog or falcon training, field trials, or tests

(1) may release the game only on the day of use and shall make reasonable efforts to capture, kill, or recover the temporarily released live game;

(2) may take the live game in connection with hunting dog or falcon training, field trial, and test activities; and

(3) must legally acquire, hold, and dispose of the live game in accordance with all other applicable state statutes and regulations.

(h) Upon application, the board or the department will add a species to the list in (b) of this section if there is clear and convincing evidence that the species

(1) is not capable of surviving in the wild in Alaska;

(2) is not capable of causing a genetic alteration of a species that is indigenous to Alaska;

(3) is not capable of causing a significant reduction in the population of a species that is indigenous to Alaska;

(4) is not capable of transmitting a disease to a species that is indigenous to Alaska;

(5) does not otherwise present a threat to the health or population of a species that is indigenous to Alaska;

(6) is not captured from the wild for use as a pet;

(7) does not present a conservation concern in the species' native habitat outside of this state;

(8) can be reasonably maintained in good health in private ownership; and

(9) does not present a likelihood that concerns about, or threats to human health and safety will lead to adverse consequences to captive animals.

(i) The board or the department will remove a species from the list in (b) of this section if there is a preponderance of evidence that the species

(1) is capable of surviving in the wild in Alaska;

(2) is capable of causing a genetic alteration of a species that is indigenous to Alaska;

(3) is capable of causing a significant reduction in the population of a species that is indigenous to Alaska;

(4) is capable of transmitting a disease to a species that is indigenous to Alaska;

(5) otherwise presents a threat to the health or population of a species that is indigenous to Alaska;

(6) is captured from the wild for use as a pet;

(7) presents a conservation concern in the species' native habitat outside of this state;

(8) cannot be reasonably maintained in good health in private ownership; or

(9) presents a likelihood that concerns about, or threats to human health and safety will lead to adverse consequences to captive animals.

History

Authority: AS 16.05.255; AS 16.05.270; AS 16.05.920
Eff. 7/5/85, Register 95; am 2/27/87, Register 105; am 8/20/89, Register 111; am 8/12/90, Register 115; am 7/1/94, Register 130; am 8/20/95, Register 135; am 6/28/96, Register 138; am 7/1/98, Register 146; am 7/1/2007, Register 182; am 6/17/2010, Register 194; am 7/1/2014, Register 210; am 7/1/2015, Register 214; am 6/23/2022, Register 242; am 7/1/2025, Register 254

5 AAC 92.030 Possession of wolf and wild cat hybrids prohibited {#sec-5-aac-92.030 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.030}

(a) It is unlawful, without a permit issued by the department, for a person to possess, transport, sell, advertise or otherwise offer for sale, purchase, or offer to purchase a live wolf or wolf hybrid.

(b) It is an affirmative defense to a prosecution for illegal possession of a wolf hybrid under this section that

(1) the person possessed the wolf hybrid as a pet before January 23, 2002;

(2) by July 1, 2002, the wolf hybrid was

(A) registered with a national registry, approved by the department, by the implantation of a microchip; and

(B) properly spayed or neutered;

(3) the owner of the wolf hybrid has current and accurate licensing, vaccination, including rabies vaccination, and spay/neuter records, and has made the records available for inspection by animal control officers and other enforcement officers;

(4) on or after January 23, 2002, the wolf hybrid has not been transferred to any person, other than an immediate family member of the person who owned the wolf hybrid on January 23, 2002; and

(5) if the wolf hybrid has bitten a person, the wolf hybrid is immediately surrendered to the local authorities for any action determined appropriate by the authorities.

(c) It is unlawful, without a permit issued by the department, for a person to possess, transport, sell, advertise or otherwise offer for sale, purchase, or offer to purchase a wild cat hybrid.

(d) It is an affirmative defense to a prosecution for illegal possession of a wild cat hybrid, but not a prosecution for illegal sale, or advertising or otherwise offering for sale under this section, that

(1) the animal is licensed as required in the jurisdiction of residence, has a registered pedigree showing the previous four generations, and these records are available for inspection by animal control officers and other government or regulatory officials; and

(2) the animal is at least four generations removed from a wild ancestor.

(e) For purposes of this section,

(1) "immediate family member" has the meaning given in AS 39.52.960;

(2) "wild cat hybrid" includes

(A) the offspring from a mating of a domestic cat (Felis calus) or wild cat hybrid with any species of wild cat or hybrid of a wild cat and domestic cat in the previous four generations; and

(B) an animal represented to be a wild cat hybrid by any name or description;

(3) "wolf hybrid" includes

(A) the offspring from a mating of a wolf or wolf hybrid with a dog or another wolf hybrid; and

(B) an animal represented to be a wolf or part wolf by any name or description.

History

Authority: AS 16.05.255; AS 16.05.340; AS 16.05.930 AS 16.05.270; AS 16.05.920
Eff. 3/30/2002, Register 161; am 7/1/2010, Register 194

5 AAC 92.031 Permit for selling skins, skulls, and trophies {#sec-5-aac-92.031 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.031}

(a) A licensed taxidermist may sell an unclaimed finished skin or trophy under a permit issued by the department after the finished skin or trophy has been held unclaimed for 60 days, and after the taxidermist sends notice of intent to sell, by registered mail at least 15 days before the sale, to the last known address of the person who ordered the taxidermy work.

(b) A court appointed or duly authorized estate executor, or a referee in a bankruptcy, may sell a game skin or trophy in a bankruptcy or probate action if that person first obtains a permit from the department.

(d) Repealed 7/1/2008.

(e) Repealed 7/1/2008.

(f) A person who has obtained ownership of a big game trophy as a result of a divorce may sell that big game trophy only if that person first obtains a permit from the department after providing the department with a list of the big game trophies being sold and a divorce decree documenting ownership.

(g) A person may sell, advertise, or otherwise offer for sale a skull or hide with claws attached of a brown bear harvested in an area where the bag limit is two brown bears per regulatory year only after first obtaining a permit from the department. Any advertisement must include the permit number assigned by the department, and the department will permanently mark all hides and skulls intended for sale. All bears sold under this permit must be reported to the department within the time frame specified on the permit.

(h) A person may sell a lawfully harvested and prepared big game trophy if that person first obtains a permit from the department.

History

Authority: AS 16.05.255; AS 16.05.920
Eff. 7/5/85, Register 95; am 5/10/2006, Register 178; am 7/1/2006, Register 178; am 9/1/2006, Register 179; am 7/1/2008, Register 186; am 7/1/2012, Register 202; am 7/1/2018, Register 226; am 6/23/2022, Register 242; am 7/1/2025, Register 254

5 AAC 92.033 Permit for scientific, educational, propagative, or public safety purposes {#sec-5-aac-92.033 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.033}

(a) Notwithstanding restrictions in 5 AAC 84, 5 AAC 85, and this chapter, the department may issue a permit for the taking, possessing, importing, or exporting of game for scientific, educational, propagative, or public safety purposes.

(b) The department may issue a permit for taking specified big game animals for public safety purposes to an individual, including a state, municipal, or federal government official responsible for public safety, only as follows:

(1) the department shall evaluate all reported public safety problems involving big game brought to the department's attention, determine whether an actual threat to public safety is caused by a big game animal, and develop a list of all reasonable and practical solutions;

(2) if the department determines a threat to public safety can be resolved only by taking a big game animal under this section and no government official responsible for public safety is available, the department may issue a permit to a private individual;

(3) a permit that authorizes lethal taking of a big game animal issued to an individual other than a government official must be restricted to taking a specific, identified problem animal;

(4) repealed 7/1/2012.

(c) The department may issue a general permit to an individual, including a state, municipal, or federal government official, to take big game for public safety purposes. General permits issued to other state, municipal, or federal government officials may be issued as part of cooperative agreements, detailing roles and responsibilities between or among the department and these agencies.

(d) A permit issued under (b) or (c) of this section must specify the

(1) name of the permittee and authorized subpermittees;

(2) species of the big game animal that may be taken;

(3) type of taking that is authorized, such as hazing, aversive conditioning, live trapping, or lethal taking;

(4) methods and means that may be employed;

(5) duration of the permit;

(6) location of permitted activities;

(7) disposition of game taken; and

(8) reporting requirements.

History

Authority: AS 16.05.255; AS 16.05.340; AS 16.05.930
Eff. 7/5/85, Register 95; am 12/31/96, Register 141; am 7/26/97, Register 143; am 7/1/2012, Register 202

5 AAC 92.034 Permit to take and use game for cultural purposes {#sec-5-aac-92.034 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.034}

The commissioner may issue a permit for the taking, and use within this state, of game for the teaching and preservation of historic or traditional Alaskan cultural practices, knowledge, and values, only under the terms of a permit issued by the department upon application. A permit may not be issued if the taking of the game can be reasonably accommodated under existing regulations. For purposes of this section, "game" includes

(1) deer;

(2) moose;

(3) caribou;

(4) black bear;

(5) mountain goat;

(6) small game;

(7) furbearers;

(8) any migratory bird for which a federal permit has been issued;

(9) musk oxen in Unit 18; and

(10) wood bison.

History

Authority: AS 16.05.255; AS 16.05.270
Eff. 7/9/95, Register 135; em am 5/29/2001 - 9/25/2001, Register 158; am 7/1/2002, Register 162; am 7/1/2012, Register 202; am 7/1/2020, Register 234; am 7/1/2025, Register 254

5 AAC 92.035 Permit for temporary commercial use of live game {#sec-5-aac-92.035 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.035}

(a) The department may issue a permit for the importation and possession of game for commercial purposes and for the export of that game. A permit issued under this section is subject to the following conditions:

(1) no more than one permit may be issued to the same individual, to the same organization, or for the same animal during any 12-month period;

(2) a permit may not be renewed or transferred, is valid for a maximum of 120 days, and may be extended only with the approval of the Board of Game;

(3) a permit may be issued only for

(A) a non-indigenous game species; or

(B) an animal that originated outside the state and belongs to a species that is indigenous to this state;

(4) the permittee shall ensure that each animal's owner, trainer, or permanent caretaker maintains personal custody and control over the animal while the animal is in Alaska;

(5) the permittee must post a refundable surety deposit with the department in an amount determined by the commissioner; the minimum amount for a surety deposit is $500; the deposit is forfeited to the department if, for any reason, the animal has not been exported by the expiration date of the permit or any extension of the expiration date approved by the Board of Game; and

(6) the department may impose additional conditions relating to application procedures, animal care and treatment, intrastate transport, medical testing, and reporting requirements.

(b) The department may not issue a permit under this section for an animal that originated in this state and belongs to a species that is indigenous to this state.

(c) In this section, "commercial purposes" means the use of imported game for a circus, for a traveling animal show, or for film production; "commercial purposes" does not include the display or exhibition of game for the primary purpose of drawing the public to a commercial business.

History

Authority: AS 16.05.255; AS 16.05.270; AS 16.05.920
Eff. 7/9/95, Register 135; am 8/24/95, Register 135

5 AAC 92.036 Permit for taking a child hunting {#sec-5-aac-92.036 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.036}

Repealed.

History

Eff. 7/1/2002, Register 162; am 7/1/2004, Register 170; repealed 7/1/2014, Register 210

5 AAC 92.037 Permits for falconry {#sec-5-aac-92.037 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.037}

(a) A permit and valid, current Alaska hunting license is required for taking, transporting, or possessing a raptor for falconry or for practicing falconry in this state. The permit will be issued under standards, procedures, and conditions set out in the Falconry Standards section of the Alaska Falconry Manual No. 11, dated July 1, 2022; that section of the falconry manual is hereby adopted by reference. Only a bird defined in (f) of this section as a raptor may be taken, transported, imported, exported, held, or possessed for falconry.

(b) A permittee may not permanently export a raptor taken from the wild in this state, except that a permittee changing residence from this state to another state may retain possession of a raptor taken from the wild in this state if the permittee has legally held that raptor for at least one year, meets the residency requirements under AS 16.05.415, and transfers that raptor to a permit for that person in the new state of residence. Prior written approval of the commissioner is required before a raptor may be temporarily or permanently exported from or imported into this state, except as follows:

(1) a raptor taken from the wild in this state and legally possessed under an Alaska falconer permit may be temporarily exported from this state for a period not to exceed 12 months by an Alaska falconer who

(A) meets the residency requirements under AS 16.05.415 for the previous year; or

(B) legally possessed the raptor in this state for at least one year;

(2) a person with a valid, current permit for falconry in another jurisdiction may temporarily import a raptor, and use it for falconry under the terms of a temporary permit issued by the commissioner; a person moving into this state may import an approved raptor species under authority of a temporary permit, but must apply for an Alaska falconry permit no later than 30 days after the raptor arrives in this state; upon approval of the falconry permit, the permit becomes valid with a current Alaska hunting license; conditions for the import of the raptor shall be determined by the department as specified in the Alaska Falconry Manual.

(c) A falconer is liable for the actions of the raptor with respect to seasons, bag limits, and other applicable regulations. If a falconry bird takes game that may not be taken under established regulations, the falconer must leave the dead game where it lies, except that the raptor may feed upon the game before leaving the kill site.

(d) The commissioner may impose additional permit conditions as necessary and may adopt regulation changes under a delegation of regulatory authority issued by the board under board findings number 2012-190-BOG, dated January 15, 2012 and incorporated by reference.

(e) Before taking peregrine falcons for the practice of falconry, a permittee must possess either an Alaska master class falconry permit or an Alaska general class falconry permit and have more than two years of experience in the practice of falconry at the general class level.

(f) In this section, "raptor" means any bird of the following species, including all subspecies of those species:

(1) northern harrier (Circus cyaneus);

(2) sharp-shinned hawk (Accipiter striatus);

(3) northern goshawk; any nonindigenous subspecies of northern goshawk (Accipiter gentilis) must be behaviorally (imprinting) or surgically sterilized, except Accipiter gentilis atricapillus or A.g. laingi.;

(4) red-tailed or Harlan's hawk (Buteo jamaicensis);

(5) rough-legged hawk (Buteo lagopus);

(6) golden eagle (Aquila chrysaetos);

(7) white-tailed sea eagle (Haliaeetus albicilla);

(8) Steller's sea eagle (Haliaeetus pelagicus);

(9) American kestrel (Falco sparverius);

(10) Eurasian kestrel (Falco tinnunculus);

(11) Asiatic sparrow hawk (Accipiter gularis);

(12) merlin (Falco columbarius);

(13) gyrfalcon (Falco rusticolus);

(14) peregrine falcon (Falco peregrinus);

(15) great-horned owl (Bubo virginianus);

(16) snowy owl (Bubo scandiacus);

(17) northern hawk-owl (Surnia ulula);

(18) barred owl (Strix varia);

(19) great-gray owl (Strix nebulosa);

(20) western screech-owl (Megascops kennicottii);

(21) northern pygmy-owl (Glaucidium gnoma);

(22) long-eared owl (Asio otus);

(23) short-eared owl (Asio flammeus);

(24) boreal owl (Aegolius funereus);

(25) northern saw-whet owl (Aegolius acadicus);

(26) a hybrid of the species in this subsection that is produced by a raptor breeder; and

(27) the following nonindigenous species:

(A) Harris's hawk (Parabuteo unicinctus);

(B) Cooper's hawk (Accipiter cooperii);

(D) Swainson's hawk (Buteo swainsoni);

(E) prairie falcon (Falco mexicanus);

(F) Aplomado falcon (Falco femoralis).

(g) The taking, transporting, or possessing a raptor for falconry by a nonresident is allowed under the following conditions:

(1) a permit and a valid, current nonresident hunting license is required for submitting an application, taking, transporting, possessing, and transferring a raptor to another state's falconry program;

(2) the nontransferable permit will be issued under standards, procedures and conditions set out in the Alaska Falconry Manual No. 11, dated July 1, 2022; that manual, including its conditions related to nonresident take, is hereby adopted by reference;

(3) take is limited to nonresidents who are citizens of the United States;

(4) only the raptor species listed under (f) of this section are eligible for nonresident take;

(5) up to 15 permits for taking, transporting, or possessing a raptor for falconry by a nonresident shall be issued annually by the department; under the following conditions:

(A) A permittee that successfully takes a raptor is ineligible to take another raptor for four calendar ears;

(B) If an applicant successfully draws a nonresident capture permit, that applicant, if unsuccessful, will be ineligible to apply for a nonresident capture permit the following year;

(D) up to five permits for taking, transporting, or possessing an eyas Peale's peregrine falcon from Unit's 1-4 may be issued;

(E) up to five permits for taking, transporting, or possessing an eyas northern goshawk may be issued;

(F) applicants may only apply for one nonresident capture permit each year;

(6) a targeted hunt system will be used to determine permit winners if the number of applicants exceeds the number of permits available;

(7) repealed 6/23/2022;

(8) the annual nonresident season for acquiring a passage raptor is from September 15 - November 15; the annual nonresident season for acquiring an eyas Peale's Peregrine Falcon in Units 1-4, or an eyas Northern Goshawk statewide is May 1 - July 20;

(9) the department shall specify other permit conditions as required to be consistent with the federal falconry laws and regulations, Alaska Falconry Manual, and export requirements;

(10) the department may, in its discretion, establish additional permit conditions necessary to administer this program;

(11) the department may, in its discretion, close areas for nonresident take;

(12) if live birds or mammals are to be imported to assist with trapping raptors, all federal and state import requirements shall be met; including the requirements of 5 AAC 92.029; deleterious exotic wildlife and species not listed in 5 AAC 92.029(b) may not be imported to Alaska for use in trapping raptors; resident pigeons and starlings, if used as lure birds, shall not be released into the wild;

(13) permits are nontransferable.

(h) All wild caught live gyrfalcons exported from the state by a nonresident must be microchipped and the microchip must be registered with an internationally recognized microchip registry. Proof of microchip registration must be submitted to the department not later than 90 days after export. Failure to provide proof of microchip registration to the department makes the individual ineligible to receive a future permit under 5 AAC 92.037(g).

History

Authority: AS 16.05.255; AS 16.05.270; AS 16.05.920
Eff. 7/5/85, Register 95; am 8/12/90, Register 115; am 2/28/96, Register 137; am 3/10/96, Register 137; am 6/8/96, Register 138; am 3/30/2002, Register 161; am 7/1/2004, Register 170; am 12/30/2004, Register 172; am 7/1/2008, Register 186; am 7/1/2012, Register 202; am 7/1/2014, Register 210; am 7/1/2015, Register 214; am 7/1/2018, Register 226; am 6/23/2022, Register 242

5 AAC 92.038 Special provisions for same-day-airborne wolf hunting {#sec-5-aac-92.038 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.038}

Repealed 7/1/92.

5 AAC 92.039 Permit for taking wolves using aircraft {#sec-5-aac-92.039 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.039}

(a) A person may not use an aircraft to land and shoot a wolf without first obtaining a permit from the department.

(b) A person may not use an aircraft to take a wolf by aerial shooting without first obtaining a permit from the department.

(c) A person may not use a helicopter for helicopter trapping of wolves without first obtaining a permit from the department.

(d) The department may apply any of the following conditions to a permit issued under this section:

(1) a permit for taking a wolf by land and shoot, aerial shooting, or helicopter trapping may only be issued consistent with 5 AAC 92.110 to establish a wolf population reduction or regulation program for purposes of aiding in the administration of wildlife management;

(2) a permit may only be issued to a licensed pilot legally authorized to pilot an aircraft and who possesses a valid resident trapping license; except that if a gunner is used in addition to the pilot, a separate permit will also be issued to the gunner, who must also possess a valid resident trapping license;

(3) a permit issued under this section is not transferable;

(4) before receiving a permit under this section, the applicant must acknowledge in writing that the applicant has read, understands, and will abide by, the conditions specified for the permit;

(5) a permit is valid from the date of issuance until the earlier of

(A) the ensuing April 30;

(B) a specified quota of wolves are taken in the area or subdivision of the area specified in the permit; or

(6) the department may limit the

(A) number of permits issued during the same time period;

(B) number of permits issued in a specified subdivision within the permit area;

(D) use of radio communications and cellular phones by permittees within the permit area;

(E) number of wolves authorized to be taken under a permit; and

(F) use of an aircraft to assist or aid a permittee on the ground in the location, tracking, pursuit, or taking of a wolf;

(7) the department may require an applicant for a permit to possess minimum qualifications, including

(A) previous experience flying aircraft in this state that includes low-level maneuvers and off-airport operation;

(B) knowledge of the geography of the relevant wolf predation control area;

(C) a demonstrated capability and commitment to respond to control program goals and department directives or orders in a timely manner;

(D) no conviction within the previous five years for a hunting or trapping violation, other than a non-criminal violation charged under 5 AAC 92.002; and

(E) that the applicant is at least 18 years old;

(8) a permittee must

(A) report the number and location, with GPS coordinates, of all wolves taken under the permit;

(B) make every practicable effort to salvage for sealing all hides of wolves taken under the permit;

(D) report the location of a wounded wolf to the department as soon as practicable;

(E) submit information requested by the department within the time limit set by the department;

(F) deliver specified biological specimens to the nearest department office within a time set by the department;

(G) return the permit to the department office where the permit was issued within five days after the expiration of the permit, unless otherwise specified by the department; and

(H) have the hides of wolves taken sealed by a department representative within 30 days after the permit expires;

(9) the department may require a permittee to

(A) accompany a department representative to the location where a wolf was taken by the permittee;

(B) check in and check out at a location specified by the department.

(e) A wolf taken under a permit becomes the property of the permittee only if the permittee has complied with all pertinent statutes, regulations, and the conditions of the permit.

(f) A permittee may use an aircraft to assist or aid a permittee on the ground in the dispatching of a wounded wolf, or the retrieval of a dead wolf.

(g) In accordance with AS 16.05.783, the methods and means authorized in a permit issued under this section are independent of all other methods and means restrictions in AS 16 and this title.

(h) For the purposes of this section,

(1) "aerial shooting" means taking or attempting to take a wolf by discharging a firearm from an airborne aircraft;

(2) "helicopter trapping" means using a helicopter to establish and maintain a trapline using traps and snares;

(3) "land and shoot" means using an aircraft to locate a wolf, landing the aircraft, exiting the aircraft, and immediately shooting or attempting to shoot the wolf.

History

Authority: AS 16.05.255; AS 16.05.783; AS 16.05.920
Eff. 7/5/85, Register 95; am 7/1/92, Register 122; am 5/5/93, Register 126; am 1/22/2004, Register 169; am 7/1/2004, Register 170; am 7/1/2018, Register 226

5 AAC 92.040 Permit for taking furbearers with game {#sec-5-aac-92.040 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.040}

(a) The department may issue a permit to take furbearers by trapping with the use of game, furnished by the state, as bait. Procedures under which a permit will be issued are contained in Standard Operating Procedure II-025-3 (Confiscated Equipment/Salvaged Animals or Parts - nonedible meat and fish; permitting procedures to take furbearers with game), revised as of March 17, 2002, and are adopted by reference.

(b) To be eligible for a permit, a person must either hold a trapping license issued by the department or be exempt from licensure under AS 16.05.400.

(c) A person using game for bait under a permit issued under this section shall post a notice at the trap site indicating the permit number.

History

Authority: AS 16.05.255
Eff. 10/1/93, Register 127; am 4/2/94, Register 129; am 7/1/2002, Register 162

5 AAC 92.041 Permit to take beavers to control damage to property {#sec-5-aac-92.041 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.041}

No person may take a beaver to control damage to property or resources outside of the seasons and bag limits established in 5 AAC 84 without first obtaining a permit from the department, issued under the following conditions:

(1) the commissioner or the commissioner's designee may limit the area, time period, method and means, and number of beavers to be taken;

(2) a permit may only be issued at a time when, and for a place where, the commissioner has determined beavers are creating significant problems and that trapping otherwise authorized in 5 AAC 84 is unlikely to alleviate the problem;

(3) a person taking a beaver under this section shall submit the skin for sealing in accordance with 5 AAC 92.170.

History

Authority: AS 16.05.255; AS 16.05.920
Eff. 7/5/85, Register 95; am 8/20/89, Register 111

5 AAC 92.042 Permit to take foxes for protection and enhancement of migratory birds {#sec-5-aac-92.042 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.042}

(a) The department may issue a permit to take foxes for the purposes of protecting or enhancing the recovery of nesting migratory birds. The issuance of a permit must

(1) be supported by a plan of operations that includes an adequate justification for fox removal, such as protection of threatened or endangered species, restoration of secure breeding areas, and enhancement of diminished nesting colonies; and

(2) demonstrate sufficient positive benefits to migratory birds.

(b) A permit issued under this section must include

(1) the name of the permittee and authorized subpermittees;

(2) the species and number of foxes to be taken;

(3) methods and means that may be employed;

(4) duration of the permit;

(5) location of the permitted activities;

(6) disposition of the foxes that are taken; and

(7) reporting requirements.

(c) The department must provide annually, to the Board of Game, a report of program activities and permits issued during the preceding 12 months.

History

Authority: AS 16.05.255; AS 16.05.920
Eff. 4/12/2006, Register 178

5 AAC 92.043 Permit for capturing wild furbearers for fur farming {#sec-5-aac-92.043 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.043}

The department may issue a permit for the capture, but not export, of an indigenous furbearer for fur farming. The department may limit the number, sex, and species of the animal to be taken, and the area from which the animal may be taken.

History

Authority: AS 16.05.255; AS 16.05.920 AS 16.05.340; AS 16.05.930
Eff. 7/5/85, Register 95

5 AAC 92.044 Permit for hunting bear with the use of bait or scent lures {#sec-5-aac-92.044 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.044}

(a) A person may not establish a bear bait station to hunt bear with the use of bait or scent lures without first obtaining a permit from the department under this section.

(b) In addition to any condition that the department may require under 5 AAC 92.052, a permit issued under this section is subject to the following provisions:

(1) a person may only establish a black bear bait station, or a black and brown bear bait station in Units 7, 11, 12, 13, 14(A), 14(B), that portion of the remainder of 14(C), excluding Glacier Creek drainage outside of Chugach State Park, 15, 16, 18, 19, 20, 21, 23, 24(B), 24(C), 24(D), 25(C), and 25(D) if that person obtains a permit under this section;

(2) a person must complete a bear hunter clinic given by the department before that person may obtain a permit from the department under this section;

(3) a person must be at least 18 years of age to be issued a permit;

(4) a person may not have more than two bait stations established with bait present at any one time, except that in Units 6, 7, 9, 11, 12, 13, 14(A), 14(B), 15, 16, 17, 19, 20, 21, 24, and 25, a registered guide-outfitter may operate up to 10 bait station sites at a time in each guide use area that the registered guide-outfitter may conduct big game hunting services in under AS 08.45.750, and may either personally or through licensed class-A assistant or assistant guides establish and maintain those sites simultaneously, if a signed big game commercial services contract under 12 AAC 75.260 is used for each hunter that uses any of the sites;

(5) a person may not use bait or scent lures within

(A) one-quarter mile of a publicly maintained road, trail, or the Alaska Railroad;

(B) one mile of a

(i) house or other permanent dwelling, except that bait may be used within one mile of a cabin if the cabin is on the opposite side of a major river system, as identified by the department in the permit, from the bear baiting station;

(ii) business; or

(iii) school; or

(6) a person may not give or receive remuneration for the use of a bait station, including barter or exchange of goods; however, this paragraph does not apply to remuneration from a client to a registered guide-outfitter, master guide-outfitter, or employee of the contracting guide for providing big game hunting services;

(7) a person using bait or scent lures shall clearly identify the site with a sign reading "bear bait station" that also displays the person's hunting license number, and the permit number;

(8) only biodegradable materials may be used as bait; if fish or big game is used as bait, only the head, bones, viscera, or skin of legally harvested fish and game may be used, except that in Units 7 and 15, fish or fish parts may not be used as bait;

(9) repealed 4/8/2012;

(10) a permittee must remove bait, litter, and equipment from the bait station site when hunting is completed;

(11) repealed 4/8/2012;

(12) repealed 7/1/2016;

(13) in Units 7, 9, 11, 12, 13, 14(A), 14(B), 15, 16, 17, 18, 19, 20, 21, 23, 24, 25, 26(B), and 26(C), a hunter who has been airborne may take or assist in taking a black bear at a bait station with the use of bait or scent lures if the hunter possesses a permit issued by the department if the hunter is at least 300 feet from the airplane at the time of taking; in Units 7, 11, 12, 13, 14(A), 14(B), 15, 16, 18, 19, 20(A), 20(B), 20(C), that portion of 20(D) north of the Tanana River, 20(E), 20(F), 21, 23, 24(B), 24(C), 24(D), and 25(D), a hunter who has been airborne may take or assist in taking a brown bear at a bait station with the use of bait or scent lures if the hunter possesses a permit issued by the department if the hunter is at least 300 feet from the airplane at the time of taking;

(14) before a person establishes a bear baiting station and places bait at the baiting station that person shall, at the time of registration, provide to the department the specific location of the baiting station on a form provided by the department;

(15) the department may accept registration up to 15 days prior to opening the baiting season in Unit 18.

(c) Except as otherwise limited in this section, a person may bait and hunt another persons's bait station site if the person has written permission from the person who registered the site.

(d) In this section, "operate" means to establish, register, bait, maintain, or hunt a bait station site.

(e) In this section, "equipment" means barrels, tree stands, game camera, and other items associated with a bear bait station. Tree stands may be left in the field year-round with permission of the landowner or such other person authorized to give permission.

History

Authority: AS 16.05.255; AS 16.05.330
Eff. 7/1/2004, Register 170; am 12/30/2004, Register 172; am 7/1/2005, Register 174; am 5/21/2009, Register 190; am 7/1/2009, Register 190; am 4/14/2010, Register 194; am 7/1/2010, Register 194; am 3/1/2011, Register 197; am 7/1/2011, Register 198; add'l am 7/1/2011, Register 198; am 4/8/2012, Register 201; am 7/1/2012, Register 202; am 7/1/2013, Register 206; 1st add'l am 7/1/2013, Register 206; 2nd add'l am 7/1/2013, Register 206; am 7/1/2014, Register 210; am 7/1/2015, Register 214; am 7/1/2016, Register 218; am 7/1/2017, Register 222; add'l am 7/1/2017, Register 222; am 7/1/2018, Register 226; add'l am 7/1/2018, Register 226; am 7/1/2020, Register 234; add'l am 7/1/2020, Register 234; am 8/10/2024, Register 251

5 AAC 92.045 Permit for hunting black bear with dogs {#sec-5-aac-92.045 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.045}

Repealed 8/8/87.

5 AAC 92.046 Permits for taking incidental or stranded musk oxen {#sec-5-aac-92.046 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.046}

The commissioner may open, by emergency order, a season for which the resident tag is waived and with a bag limit of up to 2 musk oxen per person by permit only in the areas and under the conditions specified below:

(1) in Game Management Unit 24, state managed lands in the Anaktuvuk Pass area within 2 miles of the John River and Unit 26A;

(2) statewide, if the musk oxen are stranded on sea ice or islands and the commissioner determines that the musk oxen have inadequate food and water resources for survival, or that they are doing severe damage to other resources of the island and that all reasonable effort has been made to remove them from the island or sea ice by non-lethal means.

(3) in Game Management Unit 18, if musk oxen are stranded on free-floating ice floes completely surrounded by salt water, a resident may harvest the stranded musk oxen without a permit; the hunter must demonstrate the ice floe conditions by submitting photographic evidence to the Alaska Department of Fish and Game within 48 hours of harvest.

History

Authority: AS 16.05.060; AS 16.05.255; AS 16.05.270
Eff. 7/1/98, Register 146; add'l am 7/1/98, Register 146; am 7/1/2015, Register 214

5 AAC 92.047 Permit for using radio telemetry equipment {#sec-5-aac-92.047 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.047}

(a) A person may not use radio telemetry equipment to pursue game without first obtaining a permit from the department, unless that person is an authorized employee or agent of

(1) the department; or

(2) a federal conservation agency with a current memorandum of understanding or cooperative agreement with the department.

(b) At the time of application, a permit applicant must provide the department with the following:

(1) the species and number of game to be pursued using radio telemetry equipment;

(2) the geographic area where the radio telemetry pursuit of game will be conducted;

(3) the time frame when radio telemetry pursuit of game will be conducted, including planned dates and frequency of field operations; and

(4) the names of all persons who will pursue game under the permit.

(1) game being pursued is not unduly harassed resulting in behavioral or energetic changes affecting individual viability or utility for research; and

(2) telemetry and survey operations conducted on game by the department or other government agencies will not be impeded by the permittee's activities.

(d) A permit issued under this section must include at least the following conditions:

(1) a designation of the permitted geographic area for operations;

(2) a designation of the flight altitudes for aircraft operations necessary to ensure that the conditions specified in (c) of this section are met;

(3) standards for radio communications between the permittee and department;

(4) standards for motorized vehicles to ensure that the conditions specified in (c) of this section are met;

(5) reporting plans to conduct radio telemetry operations for the pursuit of game to designated department staff;

(6) requirements that operations must be conducted so that game being pursued does not respond to the permittee's activities by taking evasive action; and

(7) temporal or frequency restrictions to minimize the potential for energetic or behavioral responses by game being pursued.

History

Authority: AS 16.05.255
Eff. 5/16/99, Register 150

5 AAC 92.049 Permits, permit procedures, and permit conditions {#sec-5-aac-92.049 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.049}

(a) A registration, Tier II, or drawing hunting permit required by this title will be issued under 5 AAC 92.050 - 5 AAC 92.052, 5 AAC 92.061 - 5 AAC 92.063, 5 AAC 92.067, and 5 AAC 92.070.

(b) The department shall produce an annual Tier II permit supplement and drawing permit supplement. For each permit hunt the supplement must set out the permit application procedures and permit conditions authorized under 5 AAC 92.050 - 5 AAC 92.052, 5 AAC 92.061 - 5 AAC 92.063, 5 AAC 92.067, and 5 AAC 92.070.

History

Authority: AS 16.05.255
Eff. 8/20/89, Register 111; am 7/1/2000, Register 154; am 7/1/2004, Register 170

5 AAC 92.050 Required permit hunt conditions and procedures {#sec-5-aac-92.050 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.050}

(a) The following conditions and procedures for permit issuance apply to each permit hunt:

(1) the applicant or the applicant's agent shall complete the application form; two hunters may apply as a party in a drawing permit hunt, and if drawn, both applicants will receive a permit; a permit application that is incomplete, or that does not include, if required, an Alaska big game hunting license number, or that contains a false statement, is void; the applicant must obtain or apply for an Alaska big game hunting license before submitting a drawing permit application; and

(A) to apply for a drawing permit hunt, for any hunt that requires a registered or master guide, a nonresident or a nonresident alien must contract a qualified registered guide or master guide as their agent to submit the application and provide hunting services; the contracting registered guide or master guide, shall provide, at the time of application, their current unique verification code that has been issued to them pursuant to 12 AAC 75.260(d);

(B) the requirement in 5 AAC 92.050(1)(A) does not apply if the applicant is a nonresident and will be accompanied by a resident over 19 years of age who is a spouse or a relative within the second degree of kindred, as described in AS 16.05.407(a);

(2) except as provided in 5 AAC 92.061 and 5 AAC 92.069, a person may not

(A) apply for more than six drawing permit hunts for the same species per regulatory year;

(B) repealed 7/1/2016;

(D) hold more than one drawing permit for the same species per regulatory year;

(3) the commissioner shall void all applications by one person for more than six hunts for the same species, and all applications by one person for more than one moose hunt for a nonresident in Unit 23;

(4) permit issuance:

(A) the department shall issue registration permits in the order applications are received, and drawing permits on a lottery basis;

(B) a successful applicant shall obtain the permit within the time specified by the department in a notification;

(D) the department will issue Tier II subsistence hunting permits as provided in 5 AAC 92.062(b) and (c);

(E) the department may issue additional drawing hunting permits or Tier II subsistence hunting permits for specific hunts, in excess of the number established by other regulation, in order to correct administrative error in processing permit applications that has resulted in the denial of a permit to an applicant entitled to receive one;

(F) an individual who is a successful applicant for a specific drawing permit hunt is ineligible to apply for a permit for that specific hunt the following year;

(G) an individual who is a successful applicant for a Koyukuk Controlled Use Area moose drawing permit is ineligible to apply for a Koyukuk Controlled Use Area moose drawing permit the following year;

(H) a resident who is a successful applicant for a bison drawing permit hunt is ineligible to apply for another bison drawing permit for 10 years; a nonresident who is a successful applicant for a bison drawing permit hunt is ineligible to apply for another bison drawing permit;

(I) no more than one Unit 13 Tier I subsistence permit for caribou may be issued per household every regulatory year; the head of household, as defined in 5 AAC 92.071(b), and any member of the household obtaining a Unit 13 Tier I subsistence permit in a regulatory year for caribou may not hunt caribou or moose in any other location in the state during that regulatory year;

(J) in hunts where 10 or more drawing permits are awarded, and in a situation where the final drawing permit is to be awarded and two applicants have applied as a party, the department may issue an additional permit in excess of the number of permits otherwise authorized by regulation, to allow both applicants of the party to receive a permit;

(K) a second mountain goat registration permit for the remainder of Unit 1(A) and the remainder of Unit 1(B) may only be issued if the goat harvested with the first registration permit was a billy harvested in the remainder of Unit 1(A) or the remainder of Unit 1(B); for a hunter who harvested the hunter's first goat in the remainder of Unit 1(A) or the remainder of Unit 1(B) with a registration permit, the pursuit of a second goat cannot occur in the hunt zone of the original harvest; a resident hunter who wishes to pursue a second goat in the remainder of Unit 1(A) and the remainder of Unit 1(B) with a registration permit may receive a second registration permit after presenting the harvest record or sealing documents from their first harvest to the ADF&G office in Ketchikan;

(L) in accordance with (M) of this paragraph, the department may issue up to four resident registration permits, with no more than one registration permit per person, for the early season elk hunts in each of the following areas:

(i) in Unit 8, Eastern Afognak, that portion of Afognak Island east of the main north-south logging road (1100 road) from the Danger Bay logging camp at 58° 08.20' N. lat., 152° 32.98 W. long., north to its terminus at Discoverer Bay at 58° 19.6' N. lat., 152° 21.80' W. long., and adjacent islands west of Marmot Strait;

(ii) in the remainder of Unit 8 in Ouzinkie;

(iii) in Unit 8, Eastern Afognak, that portion of Afognak Island east of the main north-south logging road (1100 road) from the Danger Bay logging camp at 58 ° 08.20' N. lat., 152 ° 32.98 W. long., north to its terminus at Discoverer Bay at 58° 19 .6' N. lat., 152° 21.80' W. long., and adjacent islands west of Marmot Strait; and

(iv) in the remainder of Unit 8 in Port Lions;

(M) for each resident registration permit issued by the department under (L) of this paragraph, the department will reduce the number of drawing permits available in the same area for the same early season elk hunt by one;

(5) except as provided in (6) of this subsection, a permit is nontransferable; however, the department may reissue an invalidated Tier II subsistence hunting permit to the highest-ranked applicant remaining in the original pool of eligible applicants;

(6) the commissioner may reissue or transfer a permit as follows:

(A) a permit may be transferred for scientific purposes;

(B) a person that is on active duty, National Guard or Reserves status in a branch of the military under United States Department of Defense and who is under orders of a state's governor or the President of the United States for deployment to a combat zone, for purpose of humanitarian aid, peace-keeping, increased security, homeland defense, defense support of civil authority, or evacuation of United States citizens and that has been issued a

(i) drawing permit, and is prevented from using the drawing permit due to being out of the state on active duty, may be reissued the same drawing permit when the person returns to this state from active duty under this subparagraph, under procedures set out in the applicable permit hunt supplement;

(ii) Tier II permit may transfer that Tier II permit only during the same regulatory year to a substitute resident hunter while the person is out of the state on active duty under this subparagraph, under procedures set out in the applicable permit hunt supplement;

(C) upon request, a permittee who did not hunt a black bear drawing permit in Units 1-3 or brown bear drawing permit in Units 4, 8, 10, and 22 for the regulatory year ending June 30, 2020, may, at the discretion of the Commissioner, have the permit transferred to regulatory year 2020 or regulatory year 2021;

(D) drawing hunt permit may, upon request, have the permit transferred to a qualified substitute in the event of the original permit holder's death, as provided for in AS 16.05.404 and AS 16.05.420(c);

(E) a permittee whose Unit 20(D) bison permit was revoked for regulatory year 2024 may request that the department transfer the permit to regulatory year 2026 or 2027 as set out in the Board of Game finding 2025-234-BOG, dated March 27, 2025, and adopted by reference.

(7) immediately after killing a big game animal for which a permit is required, the permittee, or his or her proxy under 5 AAC 92.011, shall

(A) if using a paper permit, cancel the permit by removing the permit day and month on which the kill was made, without obliterating or destroying any other day and month printed on the permit;

(B) if using an electronic permit, cancel the permit, by electronic means as directed by the department, for the day and month on which the kill was made;

(8) a person who has been issued a permit, or that person's proxy under 5 AAC 92.011, shall return the permit harvest report to the department within the time period stated on the permit; in addition to other penalties provided by law for failure to report harvest, and except as provided in this paragraph and (c) of this section, if a permittee or the permittee's proxy fails to provide the required report for a drawing permit, registration permit, targeted permit, Tier I subsistence permit, or Tier II subsistence permit, the permittee will be ineligible to be issued a drawing, registration, targeted, Tier I subsistence, or Tier II subsistence permit during the following regulatory year; notwithstanding the provisions of this paragraph, the department may determine that, for specific hunts, it is administratively impracticable, to apply the penalty for failure to report;

(9) an applicant for a certified bowhunters only permit hunt must successfully complete a department-approved bowhunter education course before submitting a permit application; an applicant who intends to apply for the methods and means exemption permit to use a crossbow in an archery-only hunt must successfully complete a department-approved crossbow hunter certification course before submitting an application for a certified bowhunters only permit;

(10) an applicant for a certified muzzleloader hunter only permit hunt must have successfully completed a department-approved muzzleloader certification course before submitting a permit application;

(11) an applicant for a certified crossbow hunters only permit hunt must successfully complete a department-approved crossbow hunter certification course before submitting a permit application.

(b) The department may issue annually one bull bison permit for Unit 20(D) through a raffle or lottery conducted by a "qualified organization" as defined in AS 16.05.343. In addition to (a)(3) and (a)(5) - (a)(8) of this section, the following applies to the permittee:

(1) the permittee is not eligible for another bison drawing permit in the same regulatory year;

(2) if the permittee is a nonresident, the fee for the nonresident bison locking tag is to be paid from the proceeds of the raffle or lottery;

(3) repealed 6/23/2022;

(c) A person aggrieved by a decision under (a)(8) of this section will be granted a hearing before the commissioner or the commissioner's designee, if the permittee makes a request for a hearing in writing to the commissioner within 60 days after the conclusion of the permit hunt for which the person failed to provide a report. The commissioner may determine that the penalty provided under (a)(8) of this section will not be applied if the permittee provides the information required on the report and if the commissioner determines that the failure to provide the report was the result of unavoidable circumstance, or that, in the case of subsistence permit, extreme hardship would result to the applicant.

(d) A permittee under this section must keep the permit in possession while hunting.

(e) In addition to (b) of this section, the following applies to permittees awarded permits under AS 16.05.343:

(1) the permittee is not eligible for another drawing permit for the same species in the same regulatory year;

(2) game taken under this program count against the bag limit for that species in that area during the current regulatory year only, and are exempt from multi-year restrictions found in 5 AAC 85 and 5 AAC 92.

History

Authority: AS 16.05.255; AS 16.05.343; AS 16.05.420 AS 16.05.258; AS 16.05.404 AS 16.05.330; AS 16.05.407
Eff. 7/5/85, Register 95; am 7/3/86, Register 99; am 4/24/88, Register 106; am 8/12/90, Register 115; am 8/10/91, Register 119; am 7/1/92, Register 122; readopt 5/13/93, Register 126; am 7/1/93, Register 126; am 7/7/94, Register 131; am 7/8/95, Register 135; am 6/28/96, Register 138; am 1/1/97, Register 140; am 3/25/98, Register 145; am 7/1/2000, Register 154; add'l am 7/1/2000, Register 154; am 7/1/2004, Register 170; am 11/1/2004, Register 172; am 12/30/2004, Register 172; am 7/1/2005, Register 174; am 7/1/2006, Register 178; add'l am 7/1/2006, Register 178; am 1/14/2007, Register 181; am 7/1/2007, Register 182; am 1/1/2008, Register 184; am 7/1/2008, Register 186; am 7/1/2009, Register 190; am 2/4/2011, Register 197; am 7/1/2012, Register 202; am 7/1/2014, Register 210; am 7/1/2016, Register 218; am 7/1/2018, Register 226; am 9/19/2019, Register 231; am 8/20/2020, Register 235; am 6/23/2022, Register 242; am 7/1/2023, Register 246; am 7/28/2023, Register 247; am 8/10/2024, Register 251; am 7/1/2025, Register 254

5 AAC 92.051 Discretionary trapping permit conditions and procedures {#sec-5-aac-92.051 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.051}

In areas designated by the board, the department may apply any or all of the following conditions to a registration trapping permit:

(1) a permittee shall demonstrate

(A) the ability to identify the permit area;

(B) a knowledge of trap use and safety;

(2) a permittee shall attend an orientation course;

(3) only a specified number of permittees may trap during the same time period;

(4) a permittee may trap only in a specified subdivision within the permitted area;

(5) a permittee may only use traps or snares of a specified type or size;

(6) a permittee may only set a trap or snare as specified by the department;

(7) before receiving a permit, the permittee shall acknowledge in writing that he or she has read, understands, and will abide by, the conditions specified for the permit area;

(8) a permittee may trap only during the specified time periods;

(9) a permittee must check his or her traps within a specified interval;

(10) a permit applicant must be at least 10 years old;

(11) a permit applicant less than 14 years old must be accompanied by an adult with a valid trapping license;

(12) a permittee shall submit, on a form supplied by the department, information requested by the department about the permittee's trapping activities under the permit; the permittee shall submit this form to the department within the time limit set by the department;

(13) a permittee shall label the permittee's traps and snares as specified by the department.

History

Authority: AS 16.05.255
Eff. 7/1/92, Register 122

5 AAC 92.052 Discretionary permit hunt conditions and procedures {#sec-5-aac-92.052 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.052}

The department may apply any or all of the following additional conditions to a permit hunt, when necessary for management of the species hunted:

(1) a permittee shall register at a designated station before entering, and upon leaving, the field; except as authorized under AS 16.05.405, a person may not hold more than one permit for the same species in a hunt area at one time;

(2) a permittee shall demonstrate

(A) the ability to identify the species hunted;

(B) the ability to identify the permit hunt area;

(3) a permittee shall attend an orientation course;

(4) a permittee shall carry an operative radio while in the field;

(5) a permittee who takes an animal under a permit shall deliver specified biological specimens to a check station or to the nearest department office within a time set by the department; the trophy value of an animal taken under a subsistence permit may be nullified by the department;

(6) a permittee must be accompanied by a department representative;

(7) only a specified number of permittees may hunt during the same time period, and a permittee may hunt only in a specified subdivision within the permit hunt area;

(8) a permittee may not use specified mechanized vehicles for hunting big game or for transporting meat from the hunting area;

(9) a permittee who cancels his or her plan to hunt shall notify the department at an office, and within a time limit, specified by the department;

(10) a permittee may use only weapons and ammunition specified by the department;

(11) before receiving a permit, the permittee shall acknowledge in writing that he or she has read, understands, and will abide by, the conditions specified for the hunt;

(12) a permittee may hunt only during specified time periods;

(13) a permit applicant must be at least 10 years old;

(14) a permittee shall submit, on a form supplied by the department, information requested by the department about the hunt, including the degrees and minutes of latitude and longitude of the kill location for antlerless moose hunts in Units 20(A) and 20(B); the permittee shall submit this form to the department within the time limit set by the department;

(15) the permit applicant must hold a valid Alaska hunting license; however, this does not apply to a resident under the age of 18; an applicant's hunting license number must be entered on the permit application; a resident under the age of 18 shall enter his or her age instead of a license number;

(16) a hunter participating in a permit hunt that allows only the use of a bow and arrow must have completed a department-approved bowhunter education course;

(17) a permittee may take only an animal of a sex specified by the department;

(18) a person with physical disabilities, as defined in AS 16.05.940, with a special permit to hunt with a motorized vehicle, must be accompanied by another hunter who has a valid hunting license and is capable of assisting the permittee in retrieving game taken by the permittee;

(19) a person may be limited to one big game registration permit at a time in Units 1, 17, 20(E), 22, and 23;

(20) the number of registration permits that may be issued per household for a specified big game hunt may be limited;

(21) the permit hunt area authorized by the Board of Game may be subdivided into smaller permit hunt areas;

(22) a permittee may transfer the permittee's Unit 13 subsistence permit to a resident member of the permittee's family, within the second degree of kinship; a person may not receive remuneration for the transfer of a permit under this paragraph;

(23) except as otherwise provided, if a drawing permit hunt is undersubscribed, surplus permits may be made available at the division of wildlife conservation office responsible for management of the applicable hunt. Surplus permits are not subject to the limitations in 5 AAC 92.050(2) and (4)(F);

(24) a permittee must dispose of parts of game not required to be salvaged as directed by the department in the permit;

(25) in Units 22 and 23, a person may be limited to taking one mature or one immature musk ox, as specified in the permit by horn configuration;

(26) a permittee shall attach a locking tag to an antler at the kill site;

(27) a person may be limited to one registration permit for moose each regulatory year within the drainages of the Kuskokwim River;

(28) the department may limit when and where registration permits for Unit 22 moose are available based on guidance from the board.

(29) Notwithstanding 5 AAC 85.045, the department may issue up to 10 additional drawing permits to residents for any-bull resident selective harvest moose hunts in Game Management Units 1-26. Permits are valid during the existing selective harvest hunt seasons and the department may issue them under the following conditions:

(A) the department has determined that additional harvestable surplus is available; and

(B) calves may not be taken;

(30) a person may be limited to one registration permit at a time per species per season for hunts in Unit 7 or 15 that have a limited number of permits available.

History

Authority: AS 16.05.255; AS 16.05.330
Eff. 7/5/85, Register 95; am 8/20/89, Register 111; am 7/1/92, Register 122; am 6/28/96, Register 138; am 7/1/2000, Register 154; am 7/1/2002, Register 162; am 7/1/2004, Register 170; am 7/1/2005, Register 174; am 7/1/2006, Register 178; am 7/1/2007, Register 182; am 7/1/2008, Register 186; am 7/1/2011, Register 198; am 7/1/2012, Register 202; add'l am 7/1/2012, Register 202; am 7/1/2018, Register 226; am 7/1/2019, Register 230; am 7/1/2020, Register 234; am 6/23/2022, Register 242; am 7/28/2023, Register 242

5 AAC 92.053 Permit to take moose for Nuchalawoyya Potlatch {#sec-5-aac-92.053 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.053}

The taking of up to three moose per regulatory year is allowed for the celebration known as the Nuchalawoyya Potlatch, under the terms of subsistence permits issued by the department upon application. Permittees shall report to the department, division of wildlife conservation, Fairbanks, Alaska, within three days after the taking of each moose, the sex of the moose taken, and the location of taking.

History

Authority: AS 16.05.255; AS 16.05.258; AS 16.05.330
Eff. 6/14/89, Register 110; am 8/10/91, Register 119; readopt 5/13/93, Register 126

5 AAC 92.054 Priority for subsistence hunting {#sec-5-aac-92.054 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.054}

Repealed 7/3/86.

5 AAC 92.055 Stickdance permit {#sec-5-aac-92.055 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.055}

The taking of up to three moose per regulatory year is allowed for the ceremony known as Stickdance only under terms of a permit issued by the department upon application.

History

Authority: AS 16.05.255
Eff. 10/27/90, Register 116; am 8/10/91, Register 119

5 AAC 92.056 Point system for customary and direct dependence {#sec-5-aac-92.056 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.056}

Repealed 7/3/86.

5 AAC 92.057 Special provisions for Dall sheep and mountain goat drawing permit hunts {#sec-5-aac-92.057 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.057}

(a) In a sheep drawing permit hunt specified in this section, a nonresident may apply for and obtain a permit only as follows:

(1) the department may issue a drawing permit under this section only to a successful nonresident applicant who meets the requirements of this section;

(2) the department shall enter, in a nonresident drawing, each complete application from a nonresident who will be accompanied by a guide or relative; until June 30, 2017 for Units 13B, 13(D), and 14(A) and until June 30, 2015, for all other Units, the department may enter an application for the applicable hunt only to a nonresident applicant who presents proof at the time of application that the applicant will be accompanied by a

(A) resident over 19 years of age who is the spouse or other relative of the applicant within the second degree of kindred, as described in AS 16.05.407(a); or

(B) guide, as required under AS 16.05.407 or 16.05.408, and that the guide has a guide use area registration on file with the Department of Commerce, Community, and Economic Development in accordance with AS 08.54.750 and 12 AAC 75.230, for the applicable guide use area during the season the drawing permit is valid.

(b) The department shall issue Dall sheep permits as follows:

(1) Units 12, 13(C), and 20(D), Tok Management Area: the department shall issue 10 percent of the drawing permits to nonresidents and 90 percent of the drawing permits to residents; in the event an odd number of permits is available, the percentage of permits awarded to nonresidents will be rounded down to allow for residents to receive the resulting additional permit; a maximum of 50 percent of the nonresident permits may be issued to nonresidents accompanied by a resident over 19 years of age who is the spouse or other relative of the applicant within the second degree of kindred, as described in AS 16.05.407(a);

(2) Unit 13(D): the department shall issue a maximum of 20 percent of the drawing permits to nonresidents and a minimum of 80 percent of the drawing permits to residents;

(3) Unit 14(A): the department shall issue a maximum of 10 percent of the drawing permits to nonresidents and a minimum of 90 percent of the drawing permits to residents;

(4) Unit 14(C): the department shall issue a maximum of five percent of the archery drawing permits to nonresidents and a maximum of 13 percent of the remaining drawing permits to nonresidents;

(5) Units 13(B), 20(A) and 20(D), those portions within the Delta Controlled Use Area: the department shall issue 10 percent of the drawing permits to nonresidents and 90 percent of the drawing permits to residents; total resident and nonresident permits will be allocated as evenly as possible between the seasons; if only one permit is available for a nonresident who is accompanied by a resident over 19 years of age who is the spouse or other relative of the applicant within the second degree of kindred as described in AS 16.05.407(a), the department may issue the permit in any season;

(6) the department shall issue a maximum of 20 percent of the drawing permits allocated to nonresidents in (2), (3), (4), and (5) of this subsection to nonresidents accompanied by a resident over 19 years of age who is the spouse or other relative of the applicant within the second degree of kindred, as described in AS 16.05.407(a).

(c) In a goat drawing permit hunt in Unit 13(D), Unit 14(A), and Unit 14(C), a nonresident may apply for and obtain a permit only as follows:

(1) the department may issue a drawing permit under this subsection only to a successful nonresident applicant who meets the requirements of this section;

(2) the department shall enter, in a nonresident drawing, each complete application from a nonresident who will be accompanied by a guide or relative; until June 30, 2017 for Units 13(D) and 14(A) and until June 30, 2015 for Unit 14(C), the department may enter an application for the applicable hunt only to a nonresident applicant who presents proof at the time of application that the applicant will be accompanied by a

(A) resident over 19 years of age who is the spouse or other relative of the applicant within the second degree of kindred, as described in AS 16.05.407(a); or

History

Authority: AS 16.05.255; AS 16.05.407; AS 16.05.408
Eff. 12/1/2006, Register 180; am 12/2/2007, Register 184; am 7/1/2008, Register 186; am 1/1/2010, Register 192; am 7/1/2011, Register 198; add'l am 7/1/2011, Register 198; am 7/1/2012, Register 202; am 7/1/2014, Register 210; add'l am 7/1/2014, Register 210; am 7/1/2015, Register 214; am 6/23/2022, Register 242; am 8/10/2024, Register 249

5 AAC 92.058 Point system for local residency {#sec-5-aac-92.058 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.058}

Repealed 7/3/86.

5 AAC 92.059 Eligibility for hunting {#sec-5-aac-92.059 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.059}

5 AAC 92.059 was adopted by emergency action on July 3, 1986, Register 99. Under AS 44.62.250, that section was automatically repealed on 7/13/86.

Repealed 7/13/86.

5 AAC 92.060 Point system for availability of alternative resources {#sec-5-aac-92.060 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.060}

Repealed 11/5/86.

5 AAC 92.061 Special provisions for brown bear drawing permit hunts {#sec-5-aac-92.061 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.061}

(a) In the Unit 8 general brown bear drawing permit hunt, the department shall issue permits, and a hunter may apply for a permit, as follows:

(1) the department shall issue a maximum of 40 percent of the drawing permits to nonresidents and a minimum of 60 percent to residents; each guide may submit the same number of nonresident applications for a hunt as the number of permits available for that hunt;

(2) the department shall enter, in a resident drawing, each application from a resident and each application from a nonresident accompanied by a resident relative who is within the second degree of kindred; for each season, the department shall issue a maximum of four permits to nonresident hunters accompanied by a resident relative who is within the second degree of kindred; however, the department may not issue, within one calendar year, more than one of these permits per individual hunt, as described in the permit hunt guide published each year by the department;

(3) the department shall enter, in a guided nonresident drawing, each complete application from a nonresident who will be accompanied by a guide; the department may enter an application and issue a drawing permit for the general hunt only to a successful nonresident applicant who presents proof at the time of application that the applicant will be accompanied by a guide, as required under AS 16.05.407 or 16.05.408;

(4) the following provisions apply to a guided nonresident drawing under this section:

(A) an applicant for a guided nonresident drawing permit may apply for one such permit for fall hunts and one such permit for spring hunts;

(B) after the successful applicants have been selected by drawing, the department shall create an alternate list by drawing the remaining names of applicants for a specific hunt and placing the names on the alternate list in the order in which the names were drawn;

(C) if a successful applicant cancels the guided hunt, the person whose name appears first on the alternate list for that hunt shall be offered the permit; if an alternate applicant cancels the guided hunt, the permit must be offered in turn to succeeding alternate applicants until the alternate list is exhausted;

(D) if a guided nonresident drawing permit is available, but the alternate list is exhausted, the permit becomes available, by registration at the Kodiak ADF&G office, to the first applicant furnishing proof that the applicant will be accompanied by a guide;

(5) repealed 7/1/2007.

(b) In the Unit 10 brown bear drawing permit hunt, a nonresident may apply for and obtain a permit only as follows:

(1) the department may issue a drawing permit under this section only to a successful nonresident applicant who meets the requirements of this section;

(2) repealed 7/1/2013;

(3) the department shall enter, in a nonresident drawing, each complete application from a nonresident who will be accompanied by a guide or relative; until June 30, 2015, the department may enter an application for the applicable hunt only to a nonresident applicant who presents proof at the time of application that the applicant will be accompanied by a

(A) resident over 19 years of age who is the spouse or other relative of the applicant within the second degree of kindred, as described in AS 16.05.407(a); or

(B) guide, as required under AS 16.05.407 or 16.05.408, and that the guide has a guide use area registration on file with the Department of Commerce, Community, and Economic Development in accordance with AS 08.54.750 and 12 AAC 75.320, for the applicable guide use area during the season the drawing permit is valid.

History

Authority: AS 16.05.255; AS 16.05.407; AS 16.05.408
Eff. 7/5/85, Register 95; am 8/20/89, Register 111; am 7/7/94, Register 131; am 5/25/95, Register 134; am 7/1/2005, Register 174; am 7/1/2007, Register 182; am 12/2/2007, Register 184; am 7/1/2009, Register 190; am 7/1/2013, Register 206; am 7/1/2014, Register 210; am 7/1/2019, Register 230

5 AAC 92.062 Priority for subsistence hunting; Tier II permits {#sec-5-aac-92.062 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.062}

(a) If the board has eliminated nonsubsistence uses of a game population, and the board finds that it must further restrict the taking of game to assure that the game population is maintained and managed on a sustained yield basis, or to assure the continuation of subsistence uses of the game population, Tier II subsistence hunting permits will be allocated as described in (b) of this section, based on the following criteria:

(1) the customary and direct dependence on the game population by the subsistence user for human consumption as a mainstay of livelihood; and

(2) repealed 6/7/95;

(3) the ability of the subsistence user to obtain food if subsistence use is restricted or eliminated.

(b) 5 AAC 92.070 sets out the point system for ranking Tier II subsistence hunting permit applicants, which is based on the criteria set out in (a)(1) - (a)(3) of this section. A Tier II subsistence hunting permit will be issued to the highest ranking applicant or applicants, and then to the next-lower-ranking applicant or applicants, until the number of permits authorized by the department for a hunt has been issued. If one or more permits remain to be issued, but the number of equally ranking applicants exceeds the number of permits, permittees will be selected by a random drawing from among those applicants.

(c) An applicant for a Tier II subsistence hunting permit must be a resident at least 10 years old. If the board considers it necessary or advisable, the board may limit the number of Tier II permits issued to a household. No more than one Tier II permit may be issued to a household for moose or musk oxen hunts, and no more than three Tier II permits may be issued to a household for caribou hunts, except that in Unit 13, no more than two permits may be issued to a household for caribou hunts. An individual may not hold more than one Tier II permit for a species. In the Tier II hunt within that portion of Unit 19(A) within the Kuskokwim River drainage downstream from and including the George River drainage, and downstream from and excluding the Downey Creek drainage, any person in the household of the successful applicant may harvest moose, and all members of the household must be listed on the application.

(d) A person may not submit false or inaccurate information in support of a Tier II application on behalf of himself or herself or another person. An applicant, or an applicant's agent, shall cooperate with any lawful investigation regarding information provided by the applicant, or the applicant's agent, in that person's Tier II application.

(e) A person may appeal a Tier II permit allocation decision or score to the permit hunt administrator within 20 days after the public release of the list of names of those awarded Tier II permits.

(f) An appeal must be made in writing or by telephone. If an appeal is made in writing, it must be postmarked or hand delivered to the department within the 20-day period described in (e) of this section. If an appeal is made by telephone, it must be made within the 20-day appeal period described in (e) of this section. The department shall record telephone appeals by electronic means.

(g) The department shall provide a decision on the appeal by first class mail within seven days after the department's receipt of the appeal.

(h) A person aggrieved by a decision under (g) of this section may appeal to the commissioner in writing within seven days after the mailing of a decision by the permit hunt administrator.

(i) The department may develop cooperative programs with village councils, or other similarly qualified organizations, to develop a certification procedure for the Tier II application process for members of the organization. The program is intended to simplify the administrative procedures by allowing an applicant to certify through the organization that the information on his or her application on file with the department is currently valid. A proper certification will constitute a valid application.

(j) if the department learns that the harvestable portion of a population has declined to a level that requires a change in hunt type from Tier I to Tier II, or if the department learns that the harvestable portion of a population has increased to a level that requires a change in hunt type from Tier II to Tier I, the department must implement the appropriate change at the next regularly scheduled application period.

History

Authority: AS 16.05.255; AS 16.05.258
Eff. 8/9/90, Register 115; am 12/27/90, Register 116; am 6/16/91, Register 118; am 6/27/91, Register 118; am 8/10/91, Register 119; am 5/15/93, Register 126; am 6/7/95, Register 135; am 7/16/95, Register 135; am 3/30/96, Register 137; am 6/28/96, Register 138; am 7/26/97, Register 143; am 7/1/99, Register 150; am 7/1/2004, Register 170; am 7/1/2006, Register 178; am 7/1/2007, Register 182; add'l am 7/1/2007, Register 182; am 7/1/2009, Register 190; am 7/1/2016, Register 218; am 7/1/2020, Register 234

5 AAC 92.063 Tier II subsistence hunting permit point system {#sec-5-aac-92.063 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.063}

5 AAC 92.063 was repealed by its own terms on June 30, 1995.

Repealed.

History

Eff. 8/9/90, Register 115; am 12/27/90, Register 116; am 6/16/91, Register 118; am 6/27/91, Register 118; am 8/10/91, Register 119; am 7/1/92, Register 122; am 5/15/93, Register 126; em am 6/7/95 - 6/30/95, Register 135; repealed 6/30/95, Register 135

5 AAC 92.064 Permit for access to the Stan Price State Wildlife Sanctuary {#sec-5-aac-92.064 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.064}

(a) A permit is required for access to the Stan Price State Wildlife Sanctuary. The department may issue a nontransferable permit to an individual who applies, and who pays the application and permit fees if required by the department by regulation.

(b) The department may issue an unlimited number of permits; however, from July 5 through August 25, the department may limit the number of people entering the sanctuary.

(c) Each permittee shall abide by rules established by the department and set out in the permit. The rules must be reasonably necessary to ensure a quality experience for visitors and to preserve the natural habitat and fish and wildlife of the sanctuary. Violation of the rules is a misdemeanor, and may result in revocation of the permit.

(d) Rules established by the department under (c) of this section shall include the following:

(1) visitor access, location of trails and camping areas, and closed areas;

(2) hunting, fishing, trapping, and discharge of firearms;

(3) possession of food and beverages;

(4) removal of garbage and personal items;

(5) visiting hour restrictions;

(6) commercial permit restrictions;

(7) additional restrictions when necessary to accommodate large groups of visitors.

(e) Visitor access is on a first-come, first-served basis. Visits by commercially guided groups are in accordance with permit rules established by the department and set out in the permit.

(f) The department may allocate any number of permits it considers necessary or advisable to persons applying for a permit on an individual basis in person in Juneau.

History

Authority: AS 16.05.255; AS 16.05.925; AS 16.20.150
Eff. 8/10/91, Register 119; am 7/1/99, Register 150

5 AAC 92.065 Permit for access to McNeil River State Game Sanctuary {#sec-5-aac-92.065 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.065}

(a) A permit is required for access to McNeil River State Game Sanctuary, except that no permit is required for access to McNeil Spit or other land or water below mean high tide seaward of a line from an ADF&G regulatory marker on the north side of the mouth of McNeil River to an ADF&G regulatory marker at the campground on the eastern shore of McNeil Cove, or for access to other tidelands of the sanctuary when open to commercial fishing by emergency order. The department may issue a single nontransferable permit to each individual who pays the application and permit fees and qualifies under the permit application procedures established by the department in 5 AAC 93.030. The department may deny a permit described in (b)(4) of this section if the applicant does not qualify under the criteria established by the department under that paragraph.

(b) From June 7 through August 25, no more than 35 percent of the total available viewing or standby permits may be awarded to nonresidents and nonresident aliens, provided the number of residents applying for viewing and standby permits is sufficient to use 65 percent of available permits. If the number of residents applying for viewing and standby permits is insufficient to award 65 percent, the remainder may be awarded to nonresidents or nonresident aliens. The department may limit the number of persons allowed into the sanctuary for bear viewing purposes, to up to 13 each day, and condition permits for access, as follows:

(1) the department may allow up to 15 permittees to overnight in a camping area designated in the permit; no permittee may remain in a designated camping area for more than six days;

(2) the department shall establish four-day bear viewing periods, and may issue up to 10 bear viewing permits for each four-day bear viewing period through an annual lottery drawing; individuals holding such a permit will have access to a bear viewing area each day of the four-day bear viewing period covered by the permit, and may be in the sanctuary for a total of six days under the permit; after the bear viewing period set by the permit has expired, the permittee shall remain in the vicinity of the camping area designated in the permit until departing the sanctuary;

(3) the department may issue a standby permit by lottery drawing to a person not holding a bear viewing permit issued under (2) of this subsection; a maximum of three standby permits may be issued for any day; standby permit holders are guaranteed access to the sanctuary for a four-day period, but will be able to visit a bear viewing area only if there is a vacancy resulting from a bear viewing permit holder not going to the bear viewing area; if fewer than 10 bear viewing permit holders are available to visit a bear viewing area on a given day, the department designee may fill any such vacancies with standby permit holders; a standby permit holder not authorized under this paragraph to visit a bear viewing area shall remain in the immediate vicinity of the camping area designated in the permit, or the beach, as directed by department staff;

(4) the department may reserve up to 15 bear viewing permits for educational, scientific, or other purposes consistent with AS 16.20.162; a permit under this subsection may be issued for longer than four days, but not more than three such permits may be issued for any four-day time period; the commissioner may establish criteria consistent with AS 16.20.162 for issuing, denying, and revoking permits issued under this paragraph;

(5) repealed 7/1/99;

(6) a person that is a successful applicant is ineligible to obtain a permit for the following year.

(c) The department may issue an access permit to a guide, air taxi operator, boat taxi operator, or lodge owner for access to areas of the McNeil River Game Sanctuary designated open to access by the department. An individual transported to the sanctuary by a guide, air taxi operator, boat taxi operator, or lodge owner who has a permit under this subsection is not required to obtain an access permit. A person issued a permit under this subsection is subject to the conditions identified in the permit by the department and shall submit an annual report to the department, on a form provided by the department, by October 30 of the year in which the permit was issued.

(d) A person entering the sanctuary from June 7 through August 25 shall abide by the following rules, and those conditions identified in the permit by the department, set to minimize bear and human conflicts and to protect sanctuary resources; as provided in AS 16.05.925, violation of these rules is a class A misdemeanor and may be a basis for immediate expulsion from the sanctuary:

(1) all activities not directly supervised by a department representative must be confined to McNeil Spit, land or water below mean high tide seaward of the line described in (a) of this section, rivers designated in the permit, or a camping area designated in the permit;

(2) camping is allowed only in a camping area designated in the permit;

(3) all food storage and preparation must be confined to the cooking building in a camping area designated in the permit, to a vessel, or to another site or sites designated in the permit;

(4) all garbage and trash must be removed from the sanctuary or placed in garbage cans provided by the department;

(5) pets are not allowed in the sanctuary;

(6) open fires are restricted to the gravel beach below the mean high tide mark, or an approved site;

(7) fish taken in the McNeil Lagoon may be transported into a camping area, designated in the permit, for immediate consumption only; all inedible remains of such fish shall be disposed of below the low tide line.

(e) Upon request from a peace officer of the state, a permittee shall present his or her permit and personal identification for inspection.

(f) The department may issue a sanctuary access permit for a purpose other than participating in the sanctuary bear viewing program. A person issued a permit under this subsection shall abide by the rules in (d) of this section and those conditions identified in the permit by the department. The commissioner may establish criteria consistent with AS 16.20.162 for issuing, denying, and revoking permits issued under this subsection.

History

Authority: AS 16.05.255; AS 16.05.925; AS 16.20.162 AS 16.05.270; AS 16.20.160
Eff. 7/5/85, Register 95; am 8/8/87, Register 103; am 4/24/88, Register 106; am 8/20/89, Register 111; am 8/10/91, Register 119; am 4/1/93, Register 125; am 7/1/94, Register 130; am 7/8/95, Register 135; am 7/1/99, Register 150; am 7/1/2007, Register 182

5 AAC 92.066 Permit for access to Walrus Islands State Game Sanctuary {#sec-5-aac-92.066 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.066}

A permit is required for access to Round Island and adjacent waters within three miles of Round Island in the Walrus Islands State Game Sanctuary (Bristol Bay-Unit 17); permits will be issued as follows:

(1) an application for a permit must be submitted as prescribed by the department;

(2) a wildlife viewing permit may be issued to an individual for a specified period of time during the period from May 1 through September 1 only; under this permit, a person entering the sanctuary shall abide by the following rules, and other conditions identified in the permit by the department, established to preserve the natural habitat, flora, and fauna of the sanctuary; as provided in AS 16.05.925, a violation of these rules is a misdemeanor and may be a basis for immediate expulsion from the sanctuary:

(A) camping is allowed only in the designated camping area;

(B) visitors shall remove all personal gear and garbage upon departure from the sanctuary;

(D) unless authorized under (4) of this section, the discharge of firearms, disturbance or harassment of wildlife, removal of wildlife or parts of wildlife, swimming, and recreational diving are all prohibited on Round Island and in adjacent waters within three miles of Round Island;

(E) unless authorized in writing by sanctuary staff, access to all beaches and adjacent waters is prohibited except during arrival and departure at Boat Cove; authorization for beach and water access may be granted for scientific or educational activities and that access requires the presence of sanctuary staff;

(F) all aircraft access to Round Island is prohibited, except with permission of the department; access to Round Island is allowed only through an access corridor designated by the department; helicopter landings are restricted to the area directly behind the cabin; seaplane landings must be made at least one-half mile offshore within the access corridor;

(G) upon request by an employee of the department, a permittee shall present his or her permit and personal identification for inspection;

(H) a permit becomes invalid if the permittee fails to contact Round Island staff or the Dillingham wildlife conservation area office before 9:00 a.m. on the morning of the permittee's scheduled arrival at Round Island;

(I) unless otherwise authorized in writing by the department, visitor access on Round Island is limited to the marked trail system, the campground, and other areas designated by sanctuary staff;

(3) visitor access to Round Island for wildlife viewing is allowed by permit issued on a first-come first-served basis; not more than 30 permittees may be permitted to visit Round Island each day, and not more than 15 permittees may be permitted to remain overnight; 10 of the 15 permits available for an overnight period may be issued beginning September 1 of the year prior to the permit period; the remaining five permits may not be issued more than 30 days in advance; at the discretion of the department, up to three of the 15 individual overnight permits may be issued at any time for scientific or educational purposes;

(4) an access permit for hunting may be issued under the conditions specified by the department on a case-by-case basis, subject to the application procedures and rules set out in (1) and (2) of this section, to hunting parties for the period of September 1 - October 20 only;

(5) the department may issue a sanctuary access permit subject to the conditions identified in the permit by the department to a guide, air, or boat taxi operator, or other commercial transporter or operator; unless otherwise authorized in writing by the department, all access to Round Island is allowed only through an access corridor designated by the department.

History

Authority: AS 16.05.255; AS 16.05.925; AS 16.20.094
Eff. 7/5/85, Register 95; am 8/8/87, Register 103; am 8/20/89, Register 111; am 8/10/91, Register 119; am 7/16/95, Register 135; am 7/26/97, Register 143; am 7/1/2003, Register 166; am 7/1/2007, Register 182; am 7/1/2025, Register 254

5 AAC 92.067 Units 22 and 23 brown bear permits {#sec-5-aac-92.067 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.067}

Repealed.

History

Eff. 7/5/85, Register 95; am 8/20/89, Register 111; am 7/1/92, Register 122; am 3/30/2000, Register 153; am 7/1/2000, Register 154; repealed 7/1/2007, Register 182

5 AAC 92.068 Permit conditions for hunting black bear with dogs {#sec-5-aac-92.068 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.068}

(a) The department will issue a permit for hunting black bear with dogs as provided for in 5 AAC 92.085(5). A permit issued under this section

(1) is valid only for the time period and geographic area specified in the permit;

(2) is nontransferable and requires the permittee to be present when the dogs are used for hunting black bear; and

(3) may limit the number of dogs that can be used simultaneously to hunt black bear.

(b) Once a black bear is treed, cornered, or otherwise restrained, it must be either harvested or allowed to go free. If the bear is allowed to go free, the dogs must be leashed and restrained from further pursuit of the bear.

(c) A permittee using dogs to hunt black bear may not release the dogs to hunt black bear within one mile of an occupied dwelling.

(d) A permittee shall surrender a permit to the department upon receipt of notification from the department that the department has determined that the permittee has violated any of the conditions set out in (a), (b), or (c) of this section.

History

Authority: AS 16.05.255
Eff. 11/30/94, Register 132

5 AAC 92.069 Special provisions for moose and caribou drawing permit hunts {#sec-5-aac-92.069 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.069}

(a) In a moose drawing permit hunt specified in this section, a nonresident may apply for and obtain a permit only as follows:

(1) the department may issue a drawing permit under this section only to a successful nonresident applicant who meets the requirements of this section;

(2) the department shall enter, in a guided nonresident drawing, each complete application from a nonresident who will be accompanied by a guide; until June 30, 2015, the department may enter an application for the applicable hunt only to a nonresident applicant who presents proof at the time of application that the applicant will be accompanied by a guide, and that the guide has a guide use area registration on file with the Department of Commerce, Community, and Economic Development in accordance with AS 08.54.750 and 12 AAC 75.230, for the applicable guide use area during the season the drawing permit is valid;

(3) the department shall enter in a non-guided nonresident drawing all other complete applications from nonresidents.

(b) The department shall issue moose drawing permits as follows:

(1) in Units 21(D) and 24, the Koyukuk Controlled Use Area,

(A) the department shall issue a maximum of 50 percent of the available nonresident drawing permits to guided nonresidents, and a minimum of 50 percent of the available nonresident drawing permits to non-guided nonresidents; if the number of guided nonresidents applying for permits is insufficient to award 50 percent of the available nonresident drawing permits, the department may award the remaining available nonresident drawing permits to non-guided nonresidents;

(B) an applicant for a guided nonresident drawing permit may apply for only one permit per application period;

(C) after the successful applicants have been selected by drawing, the department shall create an alternate list by drawing the remaining names of applicants for a specific hunt and placing the names on the alternate list in the order in which the names were drawn;

(D) if a successful applicant cancels the guided hunt, the person whose name appears first on the alternate list for that hunt shall be offered the permit; if an alternate applicant cancels the guided hunt, the permit must be offered in turn to succeeding alternate applicants until the alternate list is exhausted;

(E) if a guided nonresident drawing permit is available, but the alternate list is exhausted, the department shall issue permits by registration at the Fairbanks division of wildlife conservation office, to the next succeeding non-guided nonresident, awarded in the order in which the names were drawn, until the alternate list is exhausted;

(2) in Unit 21(D), outside the Koyukuk Controlled Use Area, if the drawing permit hunt is allocated between residents and nonresidents, the department shall issue a maximum of 50 percent of the available nonresident drawing permits to guided nonresidents, and a minimum of 50 percent of the available nonresident drawing permits to non-guided nonresidents; if the number of guided nonresidents applying for permits is insufficient to award 50 percent of the available nonresident drawing permits, the department may award the remaining available nonresident drawing permits to non-guided nonresidents;

(3) in Unit 21(B), that portion within the Nowitna River drainage upstream from the Little Mud River drainage and within the corridor extending two miles on either side of and including the Nowitna River, the drawing permit hunt is allocated 50 percent to residents and 50 percent to nonresidents; the department shall issue a maximum of 75 percent of the available nonresident drawing permits to guided nonresidents, and a minimum of 25 percent of the available nonresident drawing permits to non-guided nonresidents; if the number of nonresidents applying for permits for either nonresident hunt is insufficient to award the required percentage, the department may award the remaining available nonresident drawing permits to the other nonresident hunt;

(4) in Unit 23, that portion south of the north bank of the Kobuk River and Melvin Channel downstream of the Kobuk Valley National Park boundary below the Kallarichuk River mouth, the Selawik River drainage, the Kauk River drainage, and the Baldwin Peninsula; the department shall issue a maximum of 50 percent of the available nonresident drawing permits to guided nonresidents, and a minimum of 50 percent of the available nonresident drawing permits to non-guided nonresidents;

(5) in Unit 21(E), a maximum of 30 percent of the nonresident drawing permits will be issued to hunters using a registered guide, and a minimum of 70 percent of the nonresident drawing permits to hunters not using a registered guide; and

(6) in Unit 19(C), that portion west of the South Fork of the Kuskokwim River, east of the Windy Fork of the Kuskokwim River, and north of a line between 62° 24.00' N. Iat., 154° 7.00' W. long. and 62° 30.00' N. lat., 153° 32.00' W. long.; the department shall issue 70 percent of the available nonresident drawing permits to hunters who do not use a registered guide, and 30 percent of the available nonresident drawing permits to hunters who use a registered guide.

(c) The department shall issue caribou drawing permits as follows: in Unit 20(A) 15 percent of the available drawing permits will be issued to nonresidents and 85 percent of the available drawing permits will be issued to residents. The department shall issue 50 percent of the nonresident permits to hunters who use a registered guide, and 50 percent of the nonresident permits to hunters who do not use a registered guide.

History

Authority: AS 16.05.255; AS 16.05.407; AS 16.05.408
Eff. 11/1/2004, Register 172; am 12/30/2004, Register 172; am 12/1/2006, Register 180; am 7/1/2007, Register 182; am 12/2/2007, Register 184; am 7/1/2008, Register 186; am 7/13/2012, Register 203; am 7/1/2014, Register 210; am 7/1/2020, Register 234; am 8/10/2024, Register 251; am 7/1/2025, Register 254; add'l 7/1/2025, Register 254

5 AAC 92.070 Tier II subsistence hunting permit point system {#sec-5-aac-92.070 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.070}

(a) A Tier II subsistence permit applicant's "customary and direct dependence on the game population by the subsistence user for human consumption as a mainstay of livelihood" may provide up to 85 points. It is measured by the following indicators and points:

(1) the number of years in which the applicant has hunted on or eaten from the game population, plus the number of years in which the applicant would have hunted on or eaten from the game population but did not because state regulations canceled the hunt on the game population during a given year or years, or because the state did not issue the applicant a permit to hunt on the game population for which the applicant applied; one point is given for each year, up to 50 points;

(2) the number of years in which a member of the applicant's household has hunted on or eaten from the game population, plus the number of years in which that member of the applicant's household would have hunted on or eaten from the game population but did not because state regulations canceled the hunt on the game population during a given year or years, or because the state did not issue that member of the applicant's household a permit to hunt on the game population for which that member of the applicant's household applied; .2 points are given for each year, up to 10 points; and

(3) the amount of time during the year the applicant spends in the noncommercial harvesting of wild fish and game within the hunt area boundary:

(A) 0 days = 0 points;

(B) 1 to 6 days = 5 points;

(D) 28 to 48 days = 15 points;

(E) 49 to 69 days = 20 points; and

(F) 70 days or more = 25 points.

(b) The "ability of a subsistence user to obtain food if subsistence use is restricted or eliminated" may provide up to 55 points. It is measured by the following indicators and points:

(1) repealed 1/1/2007;

(2) the availability of food for purchase in the community where most of the applicant's household's store-bought food was purchased during the past year, which may provide up to 25 points, as calculated by the department's current Tier II cost-of-food index; the number of points received by an applicant may not exceed the points calculated by the department using the cost-of-food index for the community nearest the applicant's residence;

(3) the cost of gasoline in the community where most of the applicant's household's gasoline was purchased during the past year, which may provide up to 30 points; the number of points received by an applicant may not exceed the points calculated by the department using the cost of gasoline for the community nearest the applicant's residence;

(4) repealed 7/1/2009.

(c) An applicant's total score is the sum of points given under (a) and (b) of this section, up to a maximum of 140 points.

History

Authority: AS 16.05.255; AS 16.05.330 AS 16.05.258; AS 16.05.940
Eff. 3/30/96, Register 137; am 7/26/97, Register 143; am 3/30/2002, Register 161; em am 7/16/2003 - 11/5/2003, Register 166; em am 6/16/2004 - 10/14/2004, Register 171; em am 6/9/2005 - 10/6/2005, Register 175; em am 5/17/2006 - 9/13/2006, Register 178; am 7/1/2007, Register 182; am 8/11/2007, Register 183; am 7/1/2008, Register 186; em am 7/3/2008 - 10/30/2008, Register 187; am 7/1/2009, Register 190

5 AAC 92.071 Tier I subsistence permits {#sec-5-aac-92.071 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.071}

(a) If the board has directed that a hunt be administered under a Tier I subsistence permit, permits will be distributed in the same manner as other registration permits, under the same conditions applicable under 5 AAC 92.050 and 5 AAC 92.052, and Unit 13 Tier I subsistence caribou permits will be distributed to each eligible head of household following application.

(b) In this section, "head of household" means a single person within the household who applies for a Tier I subsistence permit on behalf of the entire household in a particular regulatory year.

History

Authority: AS 16.05.255; AS 16.05.258; AS 16.05.330
Eff. 7/1/2009, Register 190; am/readopt 2/4/2011, Register 197

5 AAC 92.072 Community subsistence harvest hunt area and permit conditions {#sec-5-aac-92.072 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.072}

(a) The commissioner or the commissioner's designee may, under this section and 5 AAC 92.052, issue community-based subsistence harvest permits and harvest reports for big game species where the Board of Game (board) has established a community harvest hunt area under (b) of this section and 5 AAC 92.074.

(b) The board will consider proposals to establish community harvest hunt areas during regularly scheduled meetings to consider seasons and bag limits for affected species in a hunt area. Information considered by the board in evaluating the proposed action will include

(1) a geographic description of the hunt area;

(2) the sustainable harvest and current subsistence regulations and findings for the big game population to be harvested;

(3) a custom of community-based harvest and sharing of the wildlife resources harvested in the hunt area by any group; and

(4) other characteristics of harvest practices in the hunt area, including characteristics of the customary and traditional pattern of use found under 5 AAC 99.010(b).

(c) If the board has established a community harvest hunt area for a big game population, residents of the community or members of a group may elect to participate in a community harvest permit hunt in accordance with the following conditions:

(1) a person representing a group of 25 or more residents or members may apply to the department for a community harvest permit by identifying the community harvest hunt area and the species to be hunted, and by requesting that the department distribute community harvest reports to the individuals who subscribe to the community harvest permit; the community or group representative must

(A) provide to the department the names of residents or members subscribing to the community harvest permit and the residents' or members' hunting license numbers, permanent hunting identification card numbers, or customer service identification numbers, or for those residents or members under 18 years of age, the resident or member's birth date;

(B) ensure delivery to the department of validated harvest reports from hunters following the take of individual game animals, records of harvest information for individual animals taken, and collected biological samples or other information as required by the department for management;

(C) provide the department with harvest information, including federal subsistence harvest information, within a specified period of time when requested, and a final report of all game taken under the community harvest permit within 15 days of the close of the hunting season or as directed in the permit; and

(D) make efforts to ensure that the applicable customary and traditional use pattern described by the board and included by the department as a permit condition, if any, is observed by subscribers including meat sharing; the applicable board finding and conditions will be identified on the permit; this provision does not authorize the community or group administrator to deny subscription to any community resident or group member;

(E) from July 1, 2014 until June 30, 2018, in the community harvest hunt area described in 5 AAC 92.074(d), permits for the harvest of bull moose that do not meet the antler restrictions for other resident hunts in the area will be limited to one permit for every three households in the community or group. Beginning July 1, 2018, in the community harvest hunt area described in 5 AAC 92.074(d), permits for the harvest of bull moose that do not meet the antler restrictions for other resident hunts in the area will be distributed to participants using the scoring criteria described in 5 AAC 92.070.

(2) a resident of the community or member of the group who elects to subscribe to a community harvest permit

(A) may not hold a harvest ticket or other state hunt permit for the same species where the bag limit is the same or for fewer animals during the same regulatory year; however, a person may hold harvest tickets or permits for same-species hunts in areas with a larger bag limit following the close of the season for the community harvest permit, except that in Unit 13, prior to July 1, 2018, only one caribou may be retained per household, and on or after July 1, 2018, up to two caribou may be retained per household;

(B) may not subscribe to more than one community harvest permit for a species during a regulatory year;

(C) must have in possession when hunting and taking game a community harvest report issued by the hunt administrator for each animal taken;

(D) must validate a community harvest report immediately upon taking an animal; and

(E) must report harvest and surrender validated harvest reports within five days, or sooner as directed by the department, of taking an animal and transporting it to the place of final processing for preparation for human use and provide information and biological samples required under terms of the permit;

(F) must, if the community harvest hunt area is under a Tier II permit requirement for the species to be hunted, have received a Tier II permit for that area, species, and regulatory year.

(G) participants in the community harvest hunt area described in 5 AAC 92.074(d) must commit to participation for two consecutive years. This does not apply to participants that applied in 2016 for the 2018 regulatory year.

(3) in addition to the requirements of (1) of this subsection, the community or group representative must submit a complete written report, on a form provided by the department, for the community or group participating in the community harvest hunt area described in 5 AAC 92.074(d), that describes efforts by the community or group to observe the customary and traditional use pattern described by board findings for the game populations hunted under the conditions of this community harvest permit; in completing the report, the representative must make efforts to collect a complete report from each household that is a member of the community or group that describes efforts by the household to observe the customary and traditional use pattern using the eight elements described in this paragraph; a copy of all household reports collected by the community or group representative shall be submitted to the department as a part of the representative's written report; complete reports must include information about efforts to observe the customary and traditional use pattern of the game population, as follows:

(A) Element 1: participation in a long-term, consistent pattern of noncommercial taking, use, and reliance on the game population: the number of years of taking and use of the game population; and involvement of multiple generations in the taking and use of the game population; and use of areas other than the community subsistence hunt area for harvest activities;

(B) Element 2: participation in the pattern of taking or use of the game population that follows a seasonal use pattern of harvest effort in the hunt area: the months and seasons in which noncommercial harvest activities occur in the hunt area;

(C) Element 3: participation in a pattern of taking or use of wild resources in the hunt area that includes methods and means of harvest characterized by efficiency and economy of effort and cost: costs associated with harvests; and methods used to reduce costs and improve efficiency of harvest; and number of species harvested during hunting activities;

(D) Element 4: participation in a pattern of taking or use of wild resources that occurs in the hunt area due to close ties to the area: number of years of taking and use of the game population; and involvement of multiple generations in the taking and use of the game population; and variety of harvesting activities that take place in the hunt area; and evidence of other areas used for harvest activities;

(E) Element 5: use of means of processing and preserving wild resources from the hunt area that have been traditionally used by past generations: complete listing of the parts of the harvested game that are used; and preservation methods of that game; and types of foods and other products produced from that harvest;

(F) Element 6: participation in a pattern of taking or use of wild resources from the hunt area that includes the handing down of knowledge of hunting skills, values, and lore about the hunt area from generation to generation: involvement of multiple generations in the taking and use of the game population; and evidence of instruction and training;

(G) Element 7: participation in a pattern of taking of wild resources from the hunt area in which the harvest is shared throughout the community: amount of harvest of the game population that is shared; and evidence of a communal sharing event; and support of those in need through sharing of the harvest of the game population; and

(H) Element 8: participation in a pattern that includes taking, use, and reliance on a wide variety of wild resources from the hunt area: the variety of resource harvest activities engaged in within the hunt area; and evidence of other areas used for harvest activities.

(d) Seasons for community harvest permits will be the same as those established for other subsistence harvests for that species in the geographic area included in a community harvest hunt area, unless separate community harvest hunt seasons are established. The total bag limit for a community harvest permit will be equal to the sum of the individual participants' bag limits, established for other subsistence harvests for that species in the hunt area or otherwise by the board. Seasons and bag limits may vary within a hunt area according to established subsistence regulations for different game management units or other geographic delineations in a hunt area.

(e) Establishment of a community harvest hunt area will not constrain nonsubscribing residents of the community or members of the group from participating in subsistence harvest activities for a species in that hunt area using individual harvest tickets or other state permits authorized by regulation, nor will it require any resident of the community or member of the group eligible to hunt under existing subsistence regulations to subscribe to a community harvest permit.

(f) The department may disapprove an application for a community subsistence harvest permit from a community or group that has previously failed to comply with requirements in (c)(1) and (3) of this section. The failure to report by the community or group representative under (c)(1) and (3) of this section may result in denial of a community subsistence harvest permit during the following regulatory year. The department must allow a representative the opportunity to request a hearing if the representative fails to submit a complete report as required under (c)(1) and (3) of this section. A community or group aggrieved by a decision under this subsection will be granted a hearing before the commissioner or the commissioner's designee, if the community or group representative makes a request for a hearing in writing to the commissioner within 60 days after the conclusion of the hunt for which the person failed to provide a report. The commissioner may determine that the penalty provided under this subsection will not be applied if the community or group representative provides the information required on the report and if the commissioner determines that

(1) the failure to provide the report was the result of unavoidable circumstance; or

(2) extreme hardship would result to the community or group.

(g) A person may not give or receive a fee for the taking of game or receipt of meat under a community subsistence harvest permit.

(h) Nothing in this section authorizes the department to delegate to a community or group representative determination of the lawful criteria for selecting who may hunt, for establishing any special restrictions for the hunt and for the handling of game, and for establishing the terms and conditions for a meaningful communal sharing of game taken under a community harvest permit.

(i) In this section,

(1) "fee" means a payment, wage, gift, or other remuneration for services provided while engaged in hunting under a community harvest permit; and does not include reimbursement for actual expenses incurred during the hunting activity within the scope of the community harvest permit, or a non-cash exchange of subsistence-harvested resources.

(2) a "community" or "group" is a mutual support network of people who routinely (at least several times each year) provide each other with physical, emotional, and nutritional assistance in a multi-generational and inter/intra familial manner to assure the long-term welfare of individuals, the group, and natural resources they depend on; for purposes of this regulation, a "community" or "group" shares a common interest in, and participation in uses of, an identified area and the wildlife populations in that area, that is consistent with the customary and traditional use pattern of that wildlife population and area as defined by the board.

History

Authority: AS 16.05.255; AS 16.05.330 AS 16.05.258; AS 16.05.340
Eff. 7/1/2000, Register 154; am 7/1/2002, Register 162; am 7/1/2007, Register 182; am 7/1/2009, Register 190; am 7/1/2011, Register 198; add'l am 7/1/2011, Register 198; am 7/1/2013, Register 206; am 7/1/2015, Register 214; add'l am 7/1/2015, Register 214; em am 2/24/2017 - 6/23/2017, Register 221; am 7/1/2017, Register 222; am 7/1/2018, Register 226; add'l am 7/1/2018, Register 226

5 AAC 92.074 Community subsistence harvest hunt areas {#sec-5-aac-92.074 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.074}

(a) The commissioner may issue community subsistence harvest permits for designated big game species in the areas specified in this section.

(b) Chalkyitsik Community Harvest Area for moose: That portion of Unit 25(B), including the drainage of the Salmon Fork River and drainage of the Black River, downstream from Bear Mountain Creek, that portion of Unit 25(D), including the Black River drainage, upstream from Englishshoe Bar, the portion of the Porcupine River drainage from the lower mouth of Curtis Slough upstream to the upper mouth of Rock Slough, and the drainage of the Grass River north of the south bank of the Grass River east of 144° 15' W. longitude.

(d) Gulkana, Cantwell, Chistochina, Gakona, Mentasta, Tazlina, Chitina, and Kluti Kaah Community Harvest Area for moose and caribou: Includes all of

(1) that area draining into the Copper River from the north side of Miles Glacier, and east of the easternmost bank of the Copper River from Miles Glacier north to the Slana River, then along the east bank of the Slana River to Suslota Creek, then south of the south bank of Suslota Creek to Noyes Mountain;

(2) that portion including all drainages into the west bank of the Little Tok River, from its headwaters in Bear Valley at the intersection of the unit boundaries of Units 12 and 13 to its junction with the Tok River, and all drainages into the south bank of the Tok River from its junction with the Little Tok River to the Tok Glacier, and that area westerly of the easternmost bank of the Copper River and drained by all tributaries into the west bank of the Copper River from Miles Glacier north to the confluence with the Slana River, then along the east bank of the Slana River to Suslota Creek, and that area of the Slana River drainage north of the south bank of Suslota Creek;

(3) the drainages into the Delta River upstream from Falls Creek and Black Rapids Glacier;

(4) the drainages into the Nenana River upstream from the southeast corner of Denali National Park at Windy;

(5) the drainages into the Susitna River upstream from its junction with the Chulitna River;

(6) the drainages into the east bank of the Chulitna River upstream to its confluence with Tokositna River;

(7) the drainages of the Chulitna River (south of Denali National Park) upstream from its confluence with the Tokositna River;

(8) the drainages into the north bank of the Tokositna River upstream to the base of the Tokositna Glacier;

(9) the drainages into the Tokositna Glacier;

(10) the drainages into the east bank of the Susitna River between its confluences with the Talkeetna and Chulitna Rivers;

(11) the drainages into the north and east bank of the Talkeetna River, including the Talkeetna River, to its confluence with Clear Creek, the eastside drainages of a line going up the south bank of Clear Creek to the first unnamed creek on the south, then up that unnamed creek to lake 4408, along the northeast shore of lake 4408, then southeast in a straight line to the northernmost fork of the Chickaloon River;

(12) the drainages into the east bank of the Chickaloon River below the line from lake 4408; and

(13) the drainages of the Matanuska River above its confluence with the Chickaloon River.

History

Authority: AS 16.05.255; AS 16.05.330 AS 16.05.258; AS 16.05.340
Eff. 7/1/2000, Register 154; am 7/1/2002, Register 162; am 7/1/2007, Register 182; am 7/1/2009, Register 190; am 7/1/2011, Register 198

Article 4 Methods and Means

5 AAC 92.075 Lawful methods of taking game {#sec-5-aac-92.075 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.075}

(a) Big game may be taken by any method unless prohibited in 5 AAC 92.080 or 5 AAC 92.085.

(b) Small game, deleterious exotic wildlife, and unclassified game may be taken by any method unless prohibited in 5 AAC 92.080.

(d) Furbearers may be taken by any method, unless prohibited in 5 AAC 92.080 or 5 AAC 92.095.

(e) Nuisance wildlife may be taken by any method, unless prohibited in 5 AAC 92.080, 5 AAC 92.090, 5 AAC 92.095, or 5 AAC 92.100, except that the department may authorize in the permit issued under 5 AAC 92.420 a prohibited method on a case by case basis.

History

Authority: AS 16.05.255; AS 16.05.920
Eff. 7/5/85, Register 95; am 6/19/86, Register 98; am 8/8/87, Register 103; am 7/14/88, Register 107; am 8/20/89, Register 111; am 8/20/95, Register 135; am 7/1/2004, Register 170

5 AAC 92.080 Unlawful methods of taking game; exceptions {#sec-5-aac-92.080 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.080}

The following methods of taking game are prohibited:

(1) by shooting from, on, or across a highway;

(2) with the use of a poison or substance that temporarily incapacitates game, except with the written consent of the board; or with the use of an Electronic Control Device (ECD) Taser-type device that temporarily incapacitates game, except under a permit issued by the department; however, the use of a poison for taking deleterious exotic wildlife within a building, vessel, port, vehicle, or aircraft, is authorized without board approval when using Department of Environmental Conservation registered pesticides in their approved manner under 18 AAC 90;

(3) unless otherwise provided in this chapter, knowingly, or with reason to know, with the use of a helicopter in any manner, including transportation to, or from, the field of any unprocessed game or parts of game, any hunter or hunting gear, or any equipment used in the pursuit or retrieval of game; this paragraph does not apply to transportation of a hunter, hunting gear, or game during an emergency rescue operation in a life-threatening situation;

(4) unless otherwise provided in this chapter, from a motor-driven boat or a motorized land vehicle, unless the motor has been completely shut off and the progress from the motor's power has ceased, except that a

(A) motor-driven boat may be used as follows:

(i) in Units 23 and 26 to take caribou;

(ii) notwithstanding any other provision in this section, in Unit 22 to position hunters to select individual wolves for harvest;

(iii) under authority of a permit issued by the department;

(B) motorized land vehicle may be used as follows:

(i) in Units 22, 23, and 26(A), a snowmachine may be used to position a caribou, wolf, or wolverine for harvest, and caribou, wolves, or wolverines may be shot from a stationary snowmachine;

(ii) notwithstanding any other provision in this section, in the wolf control implementation areas specified in 5 AAC 92.111 - 5 AAC 92.113, 5 AAC 92.118, and 5 AAC 92.121 - 5 AAC 92.124, a snowmachine may be used to position a hunter to select an individual wolf for harvest, and wolves may be shot from a stationary snowmachine;

(iii) repealed 6/23/2022;

(iv) notwithstanding any other provision in this section, in the bear control implementation areas specified in 5 AAC 92.111 - 5 AAC 92.113, 5 AAC 92.118, and 5 AAC 92.121 - 5 AAC 92.124, a snowmachine may be used to position a hunter to select an individual bear for harvest, and bears may be shot from a stationary snowmachine;

(v) notwithstanding any other provision in this section, in Units 9(B), 9(C), 9(E), 17, 22 and 25(C), except on any National Park Service or National Wildlife Refuge lands not approved by the federal agencies, an ATV may be used to position a hunter to select an individual wolf for harvest, and wolves may be shot from a stationary ATV;

(vi) under authority of a permit issued by the department;

(vii) repealed 6/23/2022;

(viii) in Unit 17 and 18, a snowmachine may be used to assist in the taking of a caribou and caribou may be shot from a stationary snowmachine. "Assist in the taking of a caribou" means a snowmachine may be used to approach within 300 yards of a caribou at speeds under 15 miles per hour, in a manner that does not involve repeated approaches or that causes a caribou to run. A snowmachine may not be used to contact an animal or to pursue a fleeing caribou.

(ix) a snowmachine may be used to approach and pursue wolves and wolverine; an approach and pursuit under this sub-paragraph is not harassment under (5) of this section but may not come in contact with a live animal;

(5) except as otherwise specified, with the use of a motorized vehicle to harass game or for the purpose of driving, herding, or molesting game;

(6) with the use or aid of a machine gun, set gun, or a shotgun larger than 10 gauge;

(7) with the aid of

(A) a pit;

(B) a fire;

(i) for the purpose of taking furbearers under a trapping license during an open season November 1 - March 31 in Units 7 and 9 - 26;

(ii) by a tracking dog handler with one leashed dog to aid in tracking and dispatching a wounded big game animal;

(iii) to aid in tracking, recovering, and dispatching a wounded game animal without the use of a motorized vehicle;

(iv) by a resident hunter taking black bear under customary and traditional use activities at a den site from October 15 through April 30 in Unit 19(A), that portion of the Kuskokwim River drainage within Unit 19(D) upstream from the Selatna River drainage and the Black River drainage, and in Units 21(B), 21(C), 21(D), 24, and 25(D);

(D) laser sight, except that

(i) a rangefinder may be used;

(E) electronically enhanced night vision, except that electronically enhanced night vision may be used for taking furbearers;

(F) a forward looking infrared device, except that forward looking infrared devices may be used for taking furbearers;

(G) any device that has been airborne, controlled remotely, or communicates wirelessly, and is used to spot or locate game with the use of a camera or video device;

(H) any camera or other sensory device that can send messages through wireless communication;

(I) wireless communication to take a specific animal by a person until 3:00 a.m. following the day after the use of the device, except that

(i) in a unit 20(D) bison hunt, the use of ground-based radio communications, including cellular or satellite telephones, to locate bison is allowed;

(ii) in targeted moose hunts in 5 AAC 85.045, the use of ground-based wireless communication to locate individual animals is allowed;

(J) artificial salt lick;

(K) explosive;

(L) expanding gas arrow;

(M) bomb;

(N) smoke;

(O) chemical (excluding scent lures);

(P) a conventional steel trap with an inside jaw spread over nine inches; or

(Q) a killer style trap with an inside jaw spread over 13 inches;

(8) with a snare, except for taking an unclassified game animal, a furbearer, grouse, hare, or ptarmigan;

(9) repealed 7/7/94;

(10) from a motorized land vehicle, except that in those portions of Units 7 and 15 within the Kenai National Wildlife Refuge, a motorized land vehicle may be used to take game by a person with physical disabilities, as defined in AS 16.05.940, who requires a wheelchair for mobility, under authority of a permit issued by the department and in compliance with Kenai National Wildlife Refuge regulations, and a snowmachine or ATV may be used to take game as described in (4) of this section;

(11) unless specifically authorized by regulation, with the use of a crossbow in any restricted weapons hunt that authorizes taking by bow and arrow;

(12) with any bow designed to shoot more than one arrow at a time;

(13) taking upland game birds in Unit 26 with a shotgun using any shot other than nontoxic material approved by the United States Fish and Wildlife Service, including loose shot used in muzzleloading firearms, and while in immediate personal possession of lead shot;

(14) taking game in Unit 18 with a shotgun using any shot other than nontoxic material approved by the United States Fish and Wildlife Service, that is size t, .20 caliber or smaller, including loose shot used in muzzleloading firearms, and while in immediate personal possession of lead shot;

(15) with the use of urine from any species of the deer (Cervidae) family, and while in immediate personal possession of urine from any species of the deer (Cervidae) family, including scent lures;

(16) on or after January 1, 2013, with the use of footgear with soles of felt, or other absorbent fiber material, while wading in freshwater streams in this state;

(17) in restricted-weapons hunts in Units 1-5, in hunts open to the use of muzzleloader and bow and arrow, or shotgun and bow and arrow, the use of crossbows is allowed unless specifically prohibited by regulation;

(18) repealed 6/23/2022.

History

Authority: AS 16.05.255; AS 16.05.258; AS 16.05.920
Eff. 7/5/85, Register 95; am 6/19/86, Register 98; am 8/8/87, Register 103; am 8/20/89, Register 111; am 8/12/90, Register 115; am 7/1/92, Register 122; readopt 5/13/93, Register 126; am 7/7/94, Register 131; am 4/25/96, Register 138; am 7/1/98, Register 146; am 7/1/2000, Register 154; 1st add'l am 7/1/2000, Register 154; 2nd add'l am 7/1/2000, Register 154; am 7/1/2001, Register 158; am 7/1/2002, Register 162; add'l am 7/1/2002, Register 162; am 7/1/2003, Register 166; am 7/1/2004, Register 170; add'l am 7/1/2004, Register 170; am 1/1/2005, Register 172; am 7/1/2005, Register 174; em am 1/26/2006 - 5/25/2006, Register 177; am 4/12/2006, Register 178; am 7/1/2006, Register 178; am 12/1/2006, Register 180; am 7/1/2007, Register 182; am 5/20/2008, Register 186; am 7/1/2008, Register 186; add'l am 7/1/2008, Register 186; am 7/1/2009, Register 190; add'l am 7/1/2009, Register 190; am 7/1/2010, Register 194; am 7/1/2011, Register 198; am 7/1/2012, Register 202; am 7/1/2014, Register 210; am 7/1/2016, Register 218; am 7/1/2017, Register 222; am 7/1/2018, Register 226; add'l am 7/1/2018, Register 226; am 7/1/2019, Register 230; am 7/1/2020, Register 234; am 6/23/2022, Register 242; add'l am 6/23/2022, Register 242; am 8/10/2024, Register 251; am 7/1/2025, Register 254

5 AAC 92.085 Unlawful methods of taking big game; exceptions {#sec-5-aac-92.085 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.085}

The following methods and means of taking big game are prohibited in addition to the prohibitions in 5 AAC 92.080:

(1) with the use of a firearm other than a shotgun, muzzleloader, or rifle or pistol using a center-firing cartridge, except that

(A) in Units 23 and 26, swimming caribou may be taken with a firearm using rim fire cartridges;

(B) the use of a muzzleloader is prohibited unless the firearm is a shoulder mounted long gun, 45 caliber or larger, with a barrel that is either rifled or smoothbore, and discharges a single projectile; and

(C) the use of a muzzleloader equipped with a scope, or a muzzleloader using smokeless powder as a charge, during any permitted, registered, or special season hunt for muzzleloaders only, is prohibited;

(2) repealed 7/1/2000;

(3) with a longbow, recurve bow, or compound bow, unless the

(A) bow is not less than

(i) 40 pounds peak draw weight when hunting black-tailed deer, wolf, wolverine, black bear, Dall sheep, and caribou;

(ii) 50 pounds peak draw weight when hunting mountain goat, moose, elk, brown/grizzly bear, musk ox, and bison;

(B) arrow is tipped with a broadhead and is a minimum of 20 inches in overall length and is a minimum of 300 grains in total weight;

(D) hunter has successfully completed a department-approved bowhunter education course for any restricted weapons hunt that authorizes taking by bow and arrow;

(4) with the use of bait for ungulates and with the use of bait or scent lures for any bear, except that bears may be taken with the use of bait or scent lures as authorized by a permit issued under 5 AAC 92.044;

(5) with the aid or use of a dog, except that

(A) one leashed tracking dog, under the direct control of the handler, may be used to track wounded big game; and

(B) a dog may be used to hunt black bear by a permit issued at the discretion of the department; the department may issue a nontransferable permit to an individual who qualifies under the permit conditions established by the department in 5 AAC 92.068;

(6) with the use of a trap or snare;

(7) while a big game animal is swimming, except that a swimming caribou may be taken in Unit 23;

(8) a person who has been airborne may not take or assist in taking a big game animal and a person may not be assisted in taking a big game animal by a person who has been airborne until after 3:00 a.m. following the day in which the flying occurred; from August 1 through September 20 aircraft may not be used by or for a person to locate Dall sheep for hunting or to direct hunters to Dall sheep during the open sheep hunting season; aircraft other than helicopters may be used by and for sheep hunters to place and remove hunters and camps, maintain existing camps, and salvage harvested sheep, as set out in the Board of Game finding 2016-213-BOG, dated March 17, 2016, adopted by reference; this prohibition does not prohibit any flight maneuvers that are necessary to make an informed and safe landing in the field; restrictions in this paragraph do not apply to

(A) taking deer;

(B) repealed 7/1/92;

(D) repealed 7/1/2015;

(E) repealed 7/1/2009;

(F) repealed 7/1/2008;

(G) a hunter taking a bear at a bait station with the use of bait or scent lures with a permit issued under 5 AAC 92.044, and if the hunter is at least 300 feet from the airplane at the time of taking;

(H) a hunter taking a black bear in Unit 16 from October 1 through August 9 if the hunter is at least 300 feet from the airplane at the time of taking;

(9) from a boat in Units 1 - 5; however, a person with physical disabilities, as defined in AS 16.05.940, may hunt from a boat under authority of a permit issued by the department;

(10) with the following archery equipment or devices in a restricted weapons hunt that authorizes taking by bow and arrow:

(A) any type of electronic device, or light attached to the bow, arrow, or arrowhead, except a non-illuminating camera or a lighted nock on the end of an arrow, or a scope or electronic sight that does not project light externally;

(B) scopes or other devices attached to the bow or arrow for optical enhancement;

(11) the use of artificial light to illuminate deer from a motorized land vehicle in Units 1 - 5;

(12) shooting black bear from a boat in Unit 6(D); however, a person with physical disabilities, as defined in AS 16.05.940, may hunt from a boat under authority of a permit issued by the department;

(13) repealed 7/1/2008;

(14) taking moose with the use of an electronic call;

(15) with a crossbow, unless

(A) the bow peak draw weight is 100 pounds or more;

(B) repealed 7/1/2016;

(D) the crossbow has no attached electronic devices, except for a scope or electronic sight that does not project light externally; and

(E) it is a shoulder-mounted crossbow;

(16) with the aid or use of domestic goats (Capra spp.) and sheep (Ovis spp.) as pack animals for sheep, goat, or muskox hunting;

(17) with a slingbow;

(18) with an airbow.

(19) with the use of an airgun; however, airguns that are at least .35 caliber or larger and pre-charged pneumatic, including arrow shooting airguns capable of producing 250 feet per second with broadheads 7/8 inches or greater, are allowed for the take of deer and caribou.

History

Authority: AS 16.05.255; AS 16.05.270; AS 16.05.920 AS 16.05.258; AS 16.05.790
Eff. 7/5/85, Register 95; am 8/8/87, Register 103; am 8/14/88, Register 107; am 8/20/89, Register 111; am 3/14/90, Register 113; am 8/10/90, Register 115; am 8/12/90, Register 115; am 8/10/91, Register 119; add'l am 8/10/91, Register 119; am 7/1/92, Register 122; add'l am 7/1/92, Register 122; readopt 5/13/93, Register 126; am 7/7/94, Register 131; am 1/13/95, Register 133; am 4/25/96, Register 138; am 7/1/96, Register 138; am 8/1/96, Register 139; am 7/26/97, Register 143; am 7/1/99, Register 150; am 7/1/2000, Register 154; add'l am 7/1/2000, Register 154; am 3/17/2001, Register 157; am 7/1/2001, Register 158; am 8/22/2001, Register 159; am 7/1/2002, Register 162; add'l am 7/1/2002, Register 162; am 12/22/2002, Register 164; am 5/1/2003, Register 166; am 7/1/2003, Register 166; add'l am 7/1/2003, Register 166; am 7/1/2004, Register 170; am 7/1/2006, Register 178; am 9/1/2006, Register 179; am 7/1/2007, Register 182; am 12/1/2007, Register 184; am 7/1/2008, Register 186; am 7/1/2009, Register 190; am 7/1/2012, Register 202; add'l am 7/1/2012, Register 202; am 7/1/2013, Register 206; am 7/1/2014, Register 210; am 7/1/2015, Register 214; am 7/1/2016, Register 218; am 7/1/2018, Register 226; am 6/23/2022, Register 242; add'l am 6/23/2022, Register 242; am 7/1/2025, Register 254

5 AAC 92.090 Unlawful methods of taking fur animals {#sec-5-aac-92.090 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.090}

The following methods and means of taking fur animals under a hunting license are prohibited, in addition to the prohibitions in 5 AAC 92.080:

(1) by using a trap, snare, net, fish trap, or dog, except that in Unit 20(D) a dog may be used to hunt coyotes after registering with the department and the department may use its discretionary authority under 5 AAC 92.052 as needed;

(2) by disturbing or destroying a den;

(3) a person who has been airborne may not take or assist in taking a fur animal until after 3:00 a.m. following the day in which the flying occurred; this paragraph does not apply if the person is at least 300 feet from the airplane at the time of taking.

History

Authority: AS 16.05.255; AS 16.05.783 AS 16.05.258; AS 16.05.920
Eff. 7/5/85, Register 95; am 8/14/88, Register 107; am 8/20/89, Register 111; am 7/1/92, Register 122; readopt 5/13/93, Register 126; am 7/9/95, Register 135; am 10/4/97, Register 144; am 7/1/2004, Register 170; am 7/1/2017, Register 222

5 AAC 92.095 Unlawful methods of taking furbearers; exceptions {#sec-5-aac-92.095 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.095}

(a) The following methods and means of taking furbearers under a trapping license are prohibited, in addition to the prohibitions in 5 AAC 92.080:

(1) by disturbing or destroying a den, except that any muskrat pushup or feeding house may be disturbed in the course of trapping;

(2) by disturbing or destroying any beaver house;

(3) taking beaver by any means other than a steel trap or snare, except that

(A) a firearm may be used to take beaver in Units 1-5, 8, 18, 22, and 23 throughout the seasons and with the bag limits established in 5 AAC 84;

(B) a firearm or bow and arrow may be used to take beaver throughout the seasons and with the bag limits established in 5 AAC 84;

(4) taking land otter with a steel trap having an inside jaw spread of less than five and seven-eighths inches during any closed mink and marten season in the same game management unit;

(5) using a dog, net, or fish trap (except a blackfish or fyke trap);

(6) repealed 7/1/2012;

(7) taking a wolf or coyote with a steel trap, or with a snare smaller than 3/32 inch diameter in

(A) Units 7, 9, 10, 12, 13, 14(A), 14(B), 15, 16, 17, 19 - 21, 24, and 25 during April or October;

(B) Units 7, 9, 10, 13, 15, and 16 from November 1 through November 9;

(8) a person who has been airborne may not use a firearm to take or assist in taking a wolf or wolverine until after 3:00 a.m. on the day following the day in which the flying occurred; or in taking a coyote, arctic fox, red fox, or lynx, unless that person is over 300 feet from the airplane at the time of the taking; this paragraph does not apply to a trapper using a firearm to dispatch an animal caught in a trap or snare;

(9) taking a red fox in Unit 15 by any means other than a steel trap or snare;

(10) taking beaver in Units 11, 13, and 16 from September 25 through November 9, in the remainder of Unit 20(B) and in Unit 20(D) from September 25 through October 31 and from April 16 through May 31, and in Units 7 and 15 from October 15 through November 9 and from April 1 through April 30, except with underwater traps or snares;

(11) by using a hook;

(12) by placing or leaving an active trap or snare set on land or ice that is within 300 feet of the site at which a moose, caribou, or deer was killed as a result of being caught in a trap or snare; this prohibition applies for the duration of the regulatory year in which the moose, caribou, or deer was killed as a result of being caught in the trap or snare;

(13) repealed 7/1/2016;

(14) repealed 8/10/2010;

(15) repealed 7/1/2004;

(16) in Unit 1(C), that portion west of Excursion Inlet and north of Icy Passage, by using

(A) a snare with a cable diameter of 1/32 inch or larger that is set out of water, except under the terms of a registration permit;

(B) a trap or snare, unless the trap or snare is checked at least once every 72 hours;

(17) repealed 7/1/2016;

(18) in Unit 22, from June 11 through September 15, taking beaver by any means other than a firearm;

(19) in Unit 23, from June 11 through October 31, taking muskrat by any means other than a firearm;

(20) in Unit 5(A), the Yakutat area, by using snares or body-gripping traps with a jaw spread greater than eight inches, in the following areas:

(A) within 500 yards of permanent residences in Yakutat city limits;

(B) 500 yards inland from the mean high tide line between the intersection of Coast Guard Beach Road and the coast, and a point 1/2 mile south of the intersection of Cannon Beach Road and the coast, locally known as "the barge";

(D) within 50 yards on either side of the Train Trail.

(21) in Unit 26(A), bounded on the west by the east bank of the Killik River beginning at its intersection with the game management boundary between Units 24 and 26(A), then north along the Killik River to its confluence with the Colville River, then bounded on the north by the south bank of the Colville River, east along the Colville River to its confluence with the Anaktuvuk River, then bounded on the east by the west bank of the Anaktuvuk River, south along the Anaktuvuk River to the game management boundary between Units 24 and 26(A), then west along the game management boundary between Units 24 and 26(A) to the point of origin; before July 1, 2033, the area is closed to the use of aircraft for trapping furbearers, including the transportation of furbearers, their trapping gear, or parts of furbearers from August 15 through October 15; this provision does not apply to the transportation of trappers, their trapping gear, or parts of furbearers by aircraft between publicly owned airports.

(b) Repealed 8/8/87.

History

Authority: AS 16.05.255; AS 16.05.783 AS 16.05.258; AS 16.05.920
Eff. 7/5/85, Register 95; am 8/8/87, Register 103; am 4/24/88, Register 106; am 4/5/89, Register 110; am 8/20/89, Register 111; am 7/1/92, Register 122; am 10/1/93, Register 127; am 7/16/95, Register 135; am 4/25/96, Register 138; am 6/28/96, Register 138; am 7/26/97, Register 143; am 10/4/97, Register 144; am 7/1/98, Register 146; am 7/1/99, Register 150; am 7/1/2000, Register 154; am 7/1/2001, Register 158; am 8/22/2001, Register 159; am 7/1/2002, Register 162; am 12/5/2002, Register 164; am 12/22/2002, Register 164; am 7/1/2003, Register 166; am 7/1/2004, Register 170; add'l am 7/1/2004, Register 170; am 7/1/2005, Register 174; am 7/1/2006, Register 178; am 7/1/2007, Register 182; add'l am 7/1/2007, Register 182; am 7/1/2008, Register 186; add'l am 7/1/2008, Register 186; am 7/1/2009, Register 190; am 8/10/2010, Register 195; am 7/1/2011, Register 198; add'l am 7/1/2011, Register 198; am 7/1/2012, Register 202; add'l am 7/1/2012, Register 202; am 7/1/2013, Register 206; add'l am 7/1/2013, Register 206; am 7/1/2015, Register 214; add'l am 7/1/2015, Register 214; am 7/1/2016; Register 218; am 7/1/2018, Register 226; am 6/23/2022, Register 242; add'l am 6/23/2022, Register 242; am 7/7/2024, Register 251; am 7/1/2025, Register 254

5 AAC 92.100 Unlawful methods of hunting waterfowl, snipe, and cranes {#sec-5-aac-92.100 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.100}

(a) The following methods and means of taking waterfowl, snipe, and cranes are prohibited, in addition to the prohibitions in 5 AAC 92.080:

(1) with a rifle or pistol, a shotgun larger than 10 gauge, or a shotgun not plugged to a three shell capacity;

(2) from a motor-driven boat unless the motor has been completely shut off and the boat's progress from the motor's power has ceased;

(3) from any mechanical vehicle; however, a power or sailboat may be used as a means of retrieving a dead or injured bird;

(4) with any shot other than steel or other non-toxic material approved by the Director of the United States Fish and Wildlife Service, including loose shot used in muzzle-loading firearms;

(5) with steel shot larger than size T (0.20 inches in diameter);

(6) while in immediate personal possession of lead shot.

(b) A hunter may pluck waterfowl in the field, but shall leave one fully feathered wing or the head attached while transporting the bird.

History

Authority: AS 16.05.255; AS 16.05.920
Eff. 7/5/85, Register 95; am 8/8/87, Register 103

5 AAC 92.104 Authorization for methods and means disability exemptions {#sec-5-aac-92.104 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.104}

(a) A person with a disability, or their personal representative, may submit an application on a form available from the department for an exemption from a methods and means requirement set out in this chapter. The application must

(1) include a signed statement from a physician licensed to practice medicine in this state explaining the nature and extent of the person's disability;

(2) specifically identify the methods and means limitation at issue and the type of exemption requested;

(4) be submitted at least 30 days before the requested effective date of the exemption, unless the exemption is being requested as a result of an emergency order or emergency regulation.

(b) The department shall issue a special authorization in writing that grants the requested exemption or an alternate exemption, if it determines that the exemption would provide a person with a disability with meaningful access to the program, service, or benefit in question, and meets the standard set out in this section. In granting the exemption, the department may include any conditions it determines are reasonable to conform the exemption to existing conservation and management objectives. In considering whether to grant the exemption, the department shall consider, among other factors, whether the exemption would

(1) fundamentally alter a program, service or benefit of the department;

(2) place an undue administrative burden or expense on the department;

(3) have an unreasonable impact on the conservation, development, or utilization of game; or

(4) constitute an unreasonable risk to public health or safety.

(c) The department may require a hunter or trapper who receives an exemption under this section to be accompanied by another hunter or trapper who has a valid hunting and trapping license and is capable of retrieving game.

(d) The department will not authorize an exemption under this section

(1) if the regulation does not substantially prohibit the person from meaningful access to the program, service, or benefit;

(2) that would allow exemption or modifications to seasons or bag limits; or

(3) for any accommodation if the Board of Game has previously reviewed and acted on the same request.

(e) Notwithstanding any other provision in this title, the department may issue a permit to take brown bears with the use of bait during established seasons and with established bag limits to an applicant who qualifies for the hunt and meets the requirements of (a) and (b) of this section, and who is permanently wheelchair-bound or similarly disabled to the extent that use of bait is the only reasonable option the applicant has to harvest a brown bear.

History

Authority: AS 16.05.020; AS 16.05.255; AS 16.05.270 AS 16.05.050; AS 16.05.258
Eff. 9/3/99, Register 151; am 7/1/2010, Register 194; am 6/23/2022, Register 242

5 AAC 92.105 Local restrictions on taking game {#sec-5-aac-92.105 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.105}

Repealed 8/8/87.

Article 5 Intensive Management and Predator Control.

5 AAC 92.106 Intensive management of identified big game prey populations {#sec-5-aac-92.106 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.106}

For purposes of implementing AS 16.05.255(e) - (g), the Board of Game (board) will

(1) consider the following criteria when identifying big game prey populations that are important for providing high levels of human consumptive use:

(A) harvest size: the average annual historic human harvest meets or exceeds values as follows:

(i) caribou: 100;

(ii) deer: 500;

(iii) moose: 100;

(iv) sheep: harvest size to be determined;

(B) accessibility to harvest;

(D) level of hunter demand: as reflected by total hunter effort, number of applications for permits, or other indicators;

(2) consider the following criteria when establishing population objectives and harvest objectives for each identified big game prey population consistent with maintaining near maximum sustainable yield from the population:

(A) effects of weather, habitat capability, diseases, and parasites;

(B) maintenance of viable predator populations;

(D) effects on subsistence users;

(E) cost, feasibility, and potential effectiveness of possible management actions;

(F) land ownership patterns within the range of the population;

(G) accessibility to harvest; and

(H) other factors considered relevant by the board;

(3) find that depletion of a big game prey population or reduction of the productivity of a big game prey population has occurred when

(A) the number of animals, estimated by the department, that can be removed by human harvest from a population, or portion of a population, on an annual basis without reducing the population below the population objective, preventing growth of the population toward the population objective at a rate set by the board, or altering a composition of the population in a biologically unacceptable manner is less than the harvest objective for the population; and

(B) the population size is less than the population objective for the population;

(4) determine whether a finding made under (3) of this section may result in a significant reduction in the allowable human harvest of the population;

(5) not consider as significant:

(A) any reduction in taking that continues to allow a level of harvest equal to or greater than the minimum harvest objective established by the board; or

(B) any reduction in taking that is intended or expected to be of a short-term and temporary nature and is necessary for the conservation of the population;

(6) utilize active management of habitat and predation as the major tools to reverse any significant reduction in the allowable human harvest of the population.

History

Authority: AS 16.05.020; AS 16.05.050; AS 16.05.255
Eff. 7/1/98, Register 146; add'l am 7/1/98, Register 146; am 7/1/2025, Register 254

5 AAC 92.108 Identified big game prey populations and objectives {#sec-5-aac-92.108 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.108}

For purposes of implementing AS 16.05.255(e) - (g), the Board of Game has made the following findings on whether the listed big game prey populations, or portions of those populations, are identified as important for providing high levels of harvest for human consumptive use, and has established the following population and harvest objectives:

Population Finding Population

Objective Harvest

Objective Deer GMU 1 (A)Positive15,000700GMU 1 (B)NegativeGMU 1 (C)Positive6,200450GMU 1 (D)NegativeGMU 2Positive71,0002,700GMU 3Positive15,000900GMU 4Positive125,0007,800GMU 5NegativeGMU 6Positive24,000 - 28,0002,200 - 3,000GMU 8Positive70,000 - 75,0008,000 - 8,500Caribou Herds AdakNegativeBeaver MountainNegativeCentral ArcticPositive28,000 - 32,0001,400 - 1,600ChisanaNegativeDeltaNegativeDenaliNegativeFarewell/Big RiverNegativeFortymilePositive50,000 - 100,0001,000 - 15,000Galena MountainNegativeKenai LowlandsNegativeKenai MountainsNegativeKilley River, Fox

River, and Twin

LakesNegativeMacombPositive600 - 80030 - 50MentastaNegativeMulchatnaPositive30,000 - 80,0002,400 - 8,000NelchinaPositive35,000 - 40,0003,000 - 6,000Northern Alaska

PeninsulaPositive6,000 - 15,000600 - 1,500Nushagak

PeninsulaNegativePorcupinePositive100,000 - 150,0001,500 - 2,000Rainy PassNegativeRay MountainNegativeSouthern Alaska

PeninsulaPositive1,500 - 4,000150 - 200Sunshine

MountainNegativeTeshekpukPositive15,000 - 28,000900 - 2,800TonzonaNegativeUnimak IslandNegativeWestern ArcticPositiveat least 200,00012,000 - 20,000White MountainNegativeWolf MountainNegativeMoose GMU 1(A)NegativeGMU 1(B)-Stikine

RiverNegativeGMU 1(B)-Thomas

BayNegativeGMU 1(C)-Berners

BayNegativeGMU 1(C)-Chilkat

RangeNegativeGMU 1(C)-TakuNegativeGMU 1(D)NegativeGMU 3NegativeGMU 5(A)-Nuna-

tak BenchNegativeGMU 5(A)-Yakutat

ForelandsNegativeGMU 5(B)-Mala-

spina

ForelandsNegative

GMU 6(A)NegativeGMU 6(B)NegativeGMU 6(C)NegativeGMU 7NegativeGMU 9(A)NegativeGMU 9(B)Positive2,000 - 2,500100 - 250GMU 9(C) and

9(E)Positive3,000 - 3,700165 - 320GMU 9(D)NegativeGMU 11NegativeGMU 12Positive4,000 - 6,000150 - 300GMU 13(A)Positive3,500 - 4,200210 - 420GMU 13(B)Positive4,500 - 5,500200 - 400GMU 13(C)Positive2,500 - 3,25080 - 200GMU 13(D)Positive1,200 - 1,90075 - 190GMU 13(E)Positive5,000 - 6,000150 - 300GMU 14(A)Positive6,000 - 6,500360 - 750GMU 14(B)Positive2,500 - 2,800100 - 200GMU 14(C)Positive1,500 - 1,80090 - 270GMU 15(A)Positive3,000 - 3,500180 - 350GMU 15(B)NegativeGMU 15(C)Positive2,500 - 3,500200 - 350GMU 16(A)Positive3,500 - 4,000190 - 360GMU 16(B) Positive6,500 - 7,500310 - 600GMU 17(A)NegativeGMU 17(B)Positive2,800 - 3,500100 - 250GMU 17(C)Positive2,800 - 3,500165 - 350GMU 18Positive1,000 - 2,00060 - 200GMU 19(A)Positive4,300 - 5,300175 - 225GMU 19(B)Positive5,900 - 7,200235 - 290GMU 19(C)Positive4,400 - 5,000175 - 200GMU 19(D)-EastPositive6,000 - 8,000400 - 600GMU 19(D)-re-

mainderPositive4,000 - 6,000250 - 60019(E)Positive3,300 - 4,000130 - 160GMU 20(A)Positive10,000 - 15,000500 - 900GMU 20(B)Positive12,000 - 15,000600 - 1,500GMU 20(C)-out-

side DenaliPositive3,000 - 4,000150 - 400GMU 20(D)Positive8,000 - 10,000500 - 700GMU 20(E)Positive8,000 - 10,000250 - 500GMU 20(F)NegativeGMU 21(A)NegativeGMU 21(B)Positive4,000 - 6,000200 - 300GMU 21(C)NegativeGMU 21(D)Positive7,000 - 10,000450 - 1,000GMU 21(E)Positive9,000 - 11,000550 - 1,100GMU 22Positive5,100 - 6,800300 - 680GMU 23Positive3,500 - 9,200210 - 920GMU 24(A)Positive1,200 - 1,50075 - 125GMU 24(B)Positive4,000 - 4,500150 - 250GMU 24(C)Positive1,000 - 1,50050 - 125GMU 24(D)Positive5,000 - 6,000225 - 425GMU 25(A)NegativeGMU 25(B)NegativeGMU 25(C)NegativeGMU 25(D)Positive10,000 - 15,000600 - 1,500GMU 26(A)NegativeGMU 26(B)NegativeGMU 26(C)NegativeSheep

History

Authority: AS 16.05.255; AS 16.05.258; AS 16.05.270
Eff. 7/1/98, Register 146; am 7/1/99, Register 150; add'l am 7/1/99, Register 150; am 7/1/2000, Register 154; am 7/1/2001, Register 158; add'l am 7/1/2001, Register 158; am 8/22/2001, Register 159; am 7/1/2002, Register 162; add'l am 7/1/2002, Register 162; am 7/1/2004, Register 170; am 7/1/2006, Register 178; am 9/1/2006, Register 179; am 7/1/2009, Register 190; am 7/1/2010, Register 194; am 7/1/2012, Register 202; am 7/1/2013, Register 206; am 7/1/2016, Register 218; am 7/1/2017, Register 222; am 7/1/2020, Register 234; am 6/24/2021, Register 238; am 6/23/2022, Register 242; am 8/10/2024, Register 251; am 7/1/2025, Register 254; add'l am 7/1/2025, Register 254

5 AAC 92.110 Control of predation by wolves {#sec-5-aac-92.110 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.110}

(a) Notwithstanding any other provision in this title, the commissioner or the commissioner's designee may, in accordance with this section, and consistent with any applicable predation control implementation plan adopted by the board, conduct a wolf population reduction or wolf population regulation program. The commissioner or the commissioner's designee, including contracted agents of other governmental agencies, may reduce wolf populations in an efficient manner, by any means, but as safely and humanely as practical, including the use of a helicopter.

(b) Repealed 3/10/2006.

(d) Repealed 3/10/2006.

(e) After the board has adopted a predation control implementation plan, the commissioner may, at any time during the period for which the plan is in effect, determine whether to implement the plan and may, by regulation, amend the plan to apply additional restrictions in light of circumstances existing at the time of implementation.

(f) If the board authorizes issuance of public aerial shooting permits or public land and shoot permits as a method of wolf removal, the commissioner may, at any time while the plan is in effect, implement land and shoot or aerial shooting by order of the department. A permit may be issued under 5 AAC 92.039. The department may monitor programs involving the use of aircraft from the air.

(g) To the extent practicable, a person taking wolf under a wolf population reduction or wolf population regulation program must retrieve the wolf so that maximum economic and scientific value may be realized from each wolf.

(h) Poison may not be used to take a wolf, except that carbon monoxide cartridges may be used to humanely euthanize wolf young in the den in areas under a predation control implementation plan.

(i) The killing of wolf young in the den, commonly known as "denning", is prohibited, unless the commissioner authorizes the killing of wolf young in the den in areas under a predation control implementation plan.

(j) Repealed 5/16/2010.

(k) The commissioner shall stop the taking of wolves under the implementation plan and, if necessary, stop other taking in the affected area for the remainder of the regulatory year, when plan objectives adopted by the board for that area have been reached for that year.

(l) This section applies only to a specific program designed to reduce or regulate wolf populations for the purpose of managing wild prey populations. This section does not apply to other responsibilities of the commissioner, such as activities relating to

(1) animal propagation;

(2) scientific studies;

(3) stocking conducted under AS 16.05.050;

(4) issuance of permits for collection of animals under AS 16.05.340(b);

(5) the isolated taking of animals necessary for immediate protection of wildlife populations or the general public or property under AS 16.05.020; or

(6) issuance of any other department permits authorized by state or federal law.

(m) A wolf population reduction or wolf population regulation program established under this section is independent of, and does not apply to, hunting and trapping authorized in 5 AAC 84 - 5 AAC 85.

History

Authority: AS 16.05.255; AS 16.05.270; AS 16.05.783
Eff. 7/5/85, Register 95; am 7/1/92, Register 122; am 5/5/93, Register 126; am 10/1/93, Register 127; am 7/1/2004, Register 170; am 1/1/2005, Register 172; am 7/1/2005, Register 174; am 3/10/2006, Register 177; am 7/1/2009, Register 190; am 5/16/2010, Register 194; am 7/1/2012, Register 202

5 AAC 92.111 Intensive Management Plans I {#sec-5-aac-92.111 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.111}

(a) Plans established. Intensive management plans for the following areas are established in this section:

(1) Northern Alaska Peninsula Predation Management Area;

(2) Mulchatna Caribou Herd Predation Management Area.

(b) Northern Alaska Peninsula Predation Management Area. The Northern Alaska Herd Predation Management Area is established to facilitate growth in the Northern Alaska Peninsula (NAP) caribou herd on the mainland portions of Units 9(C) and 9(E) to aid in achieving intensive management objectives in an area encompassing approximately 19,461 square miles (50,403 square kilometers). The wolf reduction area includes all Alaska Peninsula drainages south of the south bank of the Naknek River and the southern boundary of Katmai National Park to a line from the southernmost head of Port Moller Bay to the head of American Bay, encompassing approximately 10,734 square miles (27,802 square kilometers). The control program for this area is as follows:

(1) this is a continuing control program that was first authorized by the board in March 2010 for wolf control; it is currently designed to increase caribou abundance and harvest by reducing predation on caribou by wolves and is expected to make a contribution to achieving the intensive management (IM) objectives in Units 9(C) and 9(E);

(2) caribou, brown bear and wolf objectives are as follows:

(A) the intensive management objective for the NAP as established in 5 AAC 92.108 is 6,000 - 15,000 caribou; these objectives were based on historic information regarding population numbers, habitat limitations, human use, and sustainable harvests;

(B) the caribou harvest objective for the NAP as established in 5 AAC 92.108 is 600 - 1,500 caribou;

(C) the wolf population objective for Unit 9 is to maintain a wolf population that can sustain a three-year annual harvest of 50 wolves;

(D) the brown bear population objective for Unit 9 is to maintain a high-density bear population with a sex and age structure that can sustain a harvest composed of 60 percent males, with 50 males eight years of age or older during combined fall and spring seasons;

(3) board findings concerning populations and human use are as follows:

(A) the board has designated the NAP as important for providing high levels of human consumptive use;

(B) the board established objectives for population size and annual sustained harvest of caribou in Units 9(C) and 9(E) consistent with multiple use and principles of sound conservation and management of habitat and all wildlife species in the area;

(D) wolves are a major predator of caribou in the range of the NAP and arc an important factor in failing to achieve these objectives;

(E) a reduction of predation can reasonably be expected to aid in achieving the objectives;

(F) nutrition is not considered to be the primary factor limiting caribou population growth;

(G) reducing predation is likely to be effective and feasible using recognized and prudent active management techniques and based on scientific information;

(H) reducing predation is likely to be effective given land ownership patterns; and

(I) reducing predation is in the best interests of subsistence users;

(4) authorized methods and means are as follows:

(A) hunting and trapping of wolves by the public in treatment areas during the term of the management program may occur as provided in the hunting and trapping regulations set out elsewhere in this title, including the use of motorized vehicles as provided in 5 AAC 92.080;

(B) the commissioner may issue public aerial shooting permits, public land-and-shoot permits, or ground-based shooting permits, and allow agents of the state or department employees to conduct aerial, land-and-shoot, or ground-based shooting as a method of wolf removal under AS 16.05.783, including the use of any type of aircraft;

(C) the commissioner may authorize the use of state employees or agents or state owned, privately owned, or chartered equipment, including helicopters, as a method of wolf removal under AS 16.05.783;

(5) time frame is as follows:

(A) through June 30, 2031, the commissioner may authorize the removal of wolves in the NAP Predation Management Area;

(B) annually, the department shall, to the extent practicable, provide to the board a report of program activities conducted during the preceding 12 months, including implementation activities, the status of caribou and wolf populations, and recommendations for changes, if necessary, to achieve the objectives of the plan;

(6) the commissioner will renew, modify, or suspend program activities as follows:

(A) when the IM population and harvest objectives for the NAP are sustained or the population can grow at a sustained rate of five percent annually;

(B) if after three years, the harvest of wolves is not sufficient to make progress towards the intensive management population objectives for wolves;

(D) if after three years, bull-to-cow ratios show no appreciable increase or remain below 20 bulls per 100 cows;

(E) if after three years, fall calf-to-cow ratios show no appreciable increase or can be sustained at 25 or more calves per 100 cows;

(F) if after three years, any measure consistent with significant levels of nutritional stress in the caribou population are identified;

(G) when the caribou population and harvest objectives within the NAP Predation Management Area have been met; or

(H) upon expiration of the period during which the commissioner is authorized to reduce wolf numbers in the wolf reduction areas.

(c) Mulchatna Caribou Herd Predation Management Area. The Mulchatna Caribou Herd Predation Management Area is established to increase the Mulchatna Caribou Herd (MCH) within Units 9(B), 17(A), 17(B), 17(C), 18, 19(A), and 19(B) to aid in achieving intensive management (IM) objectives. The Mulchatna Caribou Herd Predation Management Area encompasses approximately 39,683 square miles, and multiple predator control areas may be utilized within the management area. The control program for this area is as follows:

(1) this is a continuing control program that was first established by the Board of Game (board) in 2011 for wolf control that was expanded in 2026 to include black and brown bear control; it is designed to increase the caribou herd's population size and human harvest by reducing wolf and bear predation on caribou and is expected to make a contribution to achieving the IM objectives for the Mulchatna Caribou Herd.

(2) caribou, black bear, brown bear, and wolf objectives are as follows:

(A) the IM objective for the MCH as established in 5 AAC 92.108 is 30,000 - 80,000 caribou; these objectives were based on historic information regarding population numbers, habitat limitations, human use, and sustainable harvests;

(B) the caribou harvest objective for the MCH as established in 5 AAC 92.108 is 2,400 - 8,000;

(C) the wolf population objective for the MCH Predation Management Area is to annually reduce the number of wolves in predator control areas to a level that results in increased calf survival and recruitment;

(D) the black bear and brown bear population objective for the MCH Predation Management Area is to annually reduce the number of bears in the predator control areas to a level that results in increased calf survival and recruitment while maintaining the viability of the bear population;

(3) findings concerning populations and human use are as follows:

(A) the population and harvest objectives for the MCH are below the IM objectives throughout the herd's range;

(B) wolves are a major predator of caribou in the range of the MCH and are an important factor in failing to achieve these objectives;

(D) reducing wolf predation is likely to be effective and feasible using recognized and prudent active management techniques and based on scientific information;

(E) reducing wolf predation is likely to be effective given land ownership patterns;

(F) reducing wolf predation is in the best interests of subsistence users;

(G) bears are a major predator of caribou in the range of the MCH and are an important factor in failing to achieve caribou population and harvest objectives;

(H) a reduction of bear predation in certain areas such as calving areas can reasonably be expected to aid in achieving the objectives;

(I) reducing bear predation is likely to be effective and feasible using recognized and prudent active management techniques and based on scientific information;

(J) reducing bear predation is likely to be effective given land ownership patterns;

(K) reducing bear predation is in the best interests of subsistence users;

(4) authorized methods and means are as follows:

(A) hunting and trapping of wolves and bears by the public in the MCH Predation Management Area during the term of the program will occur as provided in the hunting and trapping regulations set out elsewhere in this title, including the use of motorized vehicles as provided in 5 AAC 92.080;

(B) notwithstanding any other provisions in this title, the commissioner may issue public aerial shooting permits or public land-and-shoot permits as a method for wolf removal under AS 16.05.783;

(C) notwithstanding any other provisions in this title, the commissioner may allow department employees to conduct aerial, land-and-shoot, or ground-based lethal removal of wolves, black bears, and brown bears using state-owned, privately-owned, or chartered equipment, including helicopters, under AS 16.05.783;

(5) time frame is as follows:

(A) through June 30, 2028, the commissioner may authorize the removal of bears and wolves in the MCH Predation Management Area;

(6) the commissioner will review, modify, or suspend program activities as follows:

(A) when the mid-point of the IM population or harvest objectives for the MCH is achieved;

(B) if, after three years, the harvest of wolves is not sufficient to make progress towards the IM population objectives for wolves;

(D) if, after three years, fall calf-to-cow ratios show no appreciable increase;

(E) if, after three years, any measure consistent with significant levels of nutritional stress in the caribou population are identified;

(F) when the caribou population and harvest objectives within the MCH Predation Management Area have been met;

(G) if, after three years, the harvest of bears is not sufficient to make progress towards the IM population objectives for bears.

History

Authority: AS 16.05.255; AS 16.05.270 AS 16.05.258; AS 16.05.783
Eff. 10/1/93, Register 127; am 8/18/95, Register 135; am 7/1/96, Register 138; add'l am 7/1/96, Register 138; am 7/27/97, Register 143; am 2/22/2000, Register 153; am 7/1/2000, Register 154; am 7/19/2000, Register 155; am 1/3/2001, Register 156; am 7/1/2001, Register 158; am 8/22/2001, Register 159; am 7/26/2003, Register 167; am 7/1/2004, Register 170; am 1/1/2005, Register 172; am 7/1/2005, Register 174; am 1/26/2006, Register 177; am 6/24/2006, Register 178; am 9/1/2006, Register 179; am 7/1/2007, Register 182; am 3/21/2008, Register 186; am 5/20/2008, Register 186; am 5/21/2009, Register 190; am 7/1/2009, Register 190; am 5/16/2010, Register 194; am 7/1/2010, Register 194; add'l am 7/1/2010, Register 194; am 12/15/2010, Register 196; am 1/29/2011, Register 197; am 5/14/2011, Register 198; am 7/1/2011, Register 198; am 3/24/2012, Register 201; am 4/1/2012, Register 201; am 7/1/2012, Register 202; am 7/1/2013, Register 206; am 7/1/2017, Register 222; am 6/23/2022, Register 242; am 5/3/2026, Register 258

5 AAC 92.112 Intensive Management Plans II {#sec-5-aac-92.112 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.112}

(a) Plans established. Intensive management plans for the following areas are established in this section:

(1) Southern Alaska Peninsula Predation Management Area;

(2) repealed 6/23/2022.

(b) Southern Alaska Peninsula Predation Management Area. Notwithstanding any other provisions in this title, and based on the following information contained in this subsection, the commissioner or the commissioner's designee may conduct a wolf population reduction or wolf population regulation program on the Alaska Peninsula in Unit 9(D). The control area includes all drainages of the Alaska Peninsula west of a line from the southernmost head of Port Moller Bay to the head of American Bay, encompassing approximately 3,819 square miles. The control program for this ares is as follows:

(1) this is a continuing control program that was first established by the Board of Game (board) in 2008 for wolf control; it is designed to increase the Southern Alaska Peninsula Caribou Herd (SAPCH) on the mainland portion of Unit 9(D) to aid in achieving intensive management (IM) objectives;

(2) caribou and wolf objectives are as follows:

(A) the IM population objective for the SAPCH as established in 5 AAC 92.108 is 1,500 - 4,000 caribou;

(B) the caribou harvest objective for the SAPCH as established in 5 AAC 92.108 is 150 - 200 caribou in combination with harvest from the Unimak caribou herd (UCH);

(C) the management objective for Unit 9 wolves is to maintain a wolf population that will sustain a three-year average annual harvest of at least 50 wolves; and

(3) board findings concerning populations and human use are as follows:

(A) the board has designated the SAPCH as important for providing high levels of human consumptive use;

(B) the board established objectives for population size and annual sustained harvest of caribou in Unit 9(D) consistent with multiple use and principles of sound conservation and management of habitat and all wildlife species in the area;

(C) the population and harvest is currently below IM objectives for the SAPCH; however harvest is below objectives because of low hunter participation;

(D) wolves are a major predator of caribou in the range of the SAPCH and were an important factor in population and harvest levels falling below IM objectives during the mid 2000s;

(E) a reduction of predation was successful in achieving IM objectives in the late 2000s setting a precedent for future actions;

(F) nutrition is not considered to be the primary factor limiting caribou population growth;

(G) future reduction in predation is likely to be effective and feasible using recognized and prudent active management techniques and based on scientific information;

(H) future reduction in predation is likely to be effective given land ownership patterns; and

(I) future reduction in predation is in the best interests of subsistence users and is recognized under the state's intensive management law as an area where caribou are to be managed for high levels of human consumptive use;

(4) authorized methods and means are as follows:

(A) hunting and trapping of wolves by the public in treatment areas during the term of the management program will occur as provided in the hunting and trapping regulations set out elsewhere in this title, including the use of motorized vehicles as provided in 5 AAC 92.080;

(B) the commissioner may issue public aerial shooting permits, public land-and-shoot permits, or ground-based shooting permits, or allow agents of the state or department employees to conduct aerial, land-and-shoot, or ground-based shooting as a method of wolf removal under AS 16.05.783, including the use of any type of aircraft;

(C) the commissioner may authorize the use of state employees or agents or state owned, privately owned, or chartered equipment, including helicopters, as a method of wolf removal under AS 16.05.783;

(5) time frame is as follows:

(A) through June 30, 2031, the commissioner may authorize the removal of wolves in the Southern Alaska Peninsula Predation Management Area to aid in population growth or improve harvest of the SAPCH; and

(6) The commissioner will review, modify, or suspend program activities as follows:

(A) when the mid-point of the IM population or harvest objectives for the SAPCH is achieved;

(B) if, after three years, the harvest of wolves is not sufficient to make progress towards the IM population objectives for wolves;

(D) if, after three years, bull-to-cow ratios show no appreciable increase or remain below 20 bulls per 100 cows;

(E) if, after three years, fall calf-to-cow ratios show no appreciable increase or can be sustained at 25 or more calves per 100 cows;

(F) if, after three years, any measure consistent with significant levels of nutritional stress in the caribou population are identified; or

(G) when the caribou population and harvest objectives within the SAPCH Predation Management Area have been met.

History

Authority: AS 16.05.255; AS 16.05.270; AS 16.05.783
Eff. 10/1/93, Register 127; am 8/18/95, Register 135; am 7/1/96, Register 138; add'l am 7/1/96, Register 138; am 7/27/97, Register 143; am 2/22/2000, Register 153; am 7/1/2000, Register 154; am 7/19/2000, Register 155; am 1/3/2001, Register 156; am 7/1/2001, Register 158; am 8/22/2001, Register 159; am 7/26/2003, Register 167; am 7/1/2004, Register 170; am 1/1/2005, Register 172; am 7/1/2005, Register 174; am 1/26/2006, Register 177; am 6/24/2006, Register 178; am 9/1/2006, Register 179; am 7/1/2007, Register 182; am 3/21/2008, Register 186; am 5/20/2008, Register 186; am 5/21/2009, Register 190; am 7/1/2009, Register 190; am 5/16/2010, Register 194; am 7/1/2010, Register 194; add'l am 7/1/2010, Register 194; am 12/15/2010, Register 196; am 1/29/2011, Register 197; am 5/14/2011, Register 198; am 7/1/2011, Register 198; am 3/24/2012, Register 201; am 4/1/2012, Register 201; am 7/1/2012, Register 202; am 6/23/2022, Register 242

5 AAC 92.113 Intensive Management Plans III {#sec-5-aac-92.113 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.113}

(a) Plans established. Intensive management plans for the following areas are established in this section:

(1) Upper Yukon-Tanana Predation Control Area in Units 12, 20(B), 20(D), 20(E), and 25(C);

(2) Unit 20(A) Wolf Predation Control Area;

(3) Unit 20(D) Wolf Predation Control Area;

(4) Units 12, 20(D), and 20(E) Predation Control Focus Area.

(b) Upper Yukon-Tanana Predation Control Area in Units 12, 20(B), 20(D), 20(E), and 25(C): the Upper Yukon-Tanana Predation Control Area (UYTPCA) is established to increase the Fortymile Caribou Herd (FCH) throughout its range to aid in achieving intensive management (IM) objectives; the control area includes that portion of Unit 12 north of the Alaska Highway, that portion of Unit 20(D) within the Goodpaster River drainage upstream from and including the South Fork Goodpaster River drainage, and within the Healy River, Billy Creek, and Sand Creek drainages, that portion of Unit 20(B) within the Salcha River drainage upstream from and including the Goose Creek drainage, and within the Middle Fork of the Chena River drainage, all of Unit 20(E), and that portion of Unit 25(C) within the Birch Creek drainage upstream from the Steese Highway Bridge, and within the area draining into the south and west bank of the Yukon River upstream from the community of Circle, encompassing approximately 18,750 square miles; this predation control program does not apply to any National Park Service or National Wildlife Refuge lands unless approved by the federal agencies; notwithstanding any other provisions in this title, and based on the following information contained in this section, the commissioner or the commissioner's designee may conduct a wolf population reduction or wolf population regulation program in the UYTPCA in Units 12, 20(B), 20(D), 20(E), and 25(C):

(1) this is a continuing control program that was first authorized by the Board of Game in 2004 for wolf and brown bear control to increase the moose population and harvest in northern Unit 12 and in Unit 20(E); in 2006, wolf control was expanded by the board to increase the FCH population and harvest in its entire range; in 2009 bear control was deleted from the program because control methods available at the time were ineffective; the control program currently designed to increase FCH caribou numbers and harvest by reducing predation on the FCH by wolves and is expected to make contributions to achieving the intensive management (IM) objectives for the FCH;

(2) caribou and wolf objectives are as follows:

(A) the IM population objective established by the board for the FCH is for a population of 50,000 - 100,000 caribou; the annual IM harvest objective established by the board for the FCH is 1,000 - 15,000 caribou;

(B) the wolf population objective for the wolf control area is 88 - 103 wolves; the pre-control wolf population in the wolf control area was estimated in fall of 2004 at 350 - 410 wolves; a minimum wolf population of 88 wolves is approximately a 75 percent reduction from the pre-control wolf population and will ensure that wolves persist in the plan area;

(3) the board's findings concerning FCH populations and human use are as follows:

(A) the FCH population and harvest are within the range of IM objectives:

(B) continued recovery of the FCH to a higher population and harvest within the range of the IM objectives is needed to provide for high levels of human consumptive use of the herd;

(D) a reduction of predation by wolves can reasonably be expected to aid in achieving higher prey population levels;

(E) reducing predation by wolves is likely to be effective and feasible utilizing recognized and prudent active management techniques and based on scientific information;

(F) reducing predation by wolves is likely to be effective given land ownership patterns;

(4) authorized methods and means are as follows:

(A) hunting and trapping of wolves by the public in the UYTPCA during the term of this program may occur as provided in the hunting and trapping regulations set out elsewhere in this title;

(B) notwithstanding any other provisions in this title, the commissioner may

(i) allow department employees to conduct aerial, land and shoot, or ground-based lethal removal of wolves, using state-owned, privately-owned, or chartered equipment, including helicopters, under AS 16.05.783;

(ii) issue public aerial shooting permits or public land and shoot permits using fixed-wing aircraft as a method of wolf removal under AS 16.05.783;

(iii) issue public permits to allow the use of privately-owned helicopters to trap and snare wolves and retrieve wolves trapped, snared, or shot under this program, including the use of a helicopter to land and dispatch wolves on the ground that have been trapped, snared, or wounded by fixed-wing permittees as a method of wolf removal under AS 16.05.783;

(5) time frame is as follows:

(A) during July 1, 2020 - June 30, 2026, the commissioner may authorize removal of wolves in the UYTPCA;

(B) annually, the department shall, to the extent practicable, provide to the board a report of program activities conducted during the preceding 12 months, including implementation activities, the status of the FCH and wolf populations, and recommendations for changes, if necessary to achieve objectives of the plan;

(6) the commissioner will review, modify, or suspend wolf control activities when wolf surveys or accumulated information from department personnel, hunters, trappers, and permittees indicate the need to avoid reducing wolf numbers in the UYTPCA below the control objective of 88 - 103 wolves specified in this subsection.

(c) Units 12, 20(D), and 20(E) Predation Control Focus Area. The Units 12, 20(D) and 20(E) Predation Control Focus Area (PCFA) is established and consists of all lands within Unit 12, encompassed by the area north of a line beginning at 63° 33.09' N. lat., 143° 16.20' W. long., westerly to 63° 30.27' N. lat., 143° 44.50' W. long.; Unit 20D, encompassed by the area northeast of a line beginning at 63° 40.00' N. lat., 143° 37.40' W. long., to 64° 04.20' N. lat., 144° 28.00' W. long., then northeasterly to 64° 14.30' N. lat., 143° 49.00' W. long.; Unit 20E, encompassed by the Fortymile River Drainage upstream of the confluences of the North Fork Fortymile River and South Fork Fortytmile River, excluding the Walker Fork Fortymile River drainage, the East Fork Fortymile River drainage, and the North Fork Fortymile River Drainage upstream from its confluence with the Middle Fork Fortymile River; this predation control program does not apply to any National Park Service or National Wildlife Refuge lands unless approved by the federal agencies; state and private lands are approximately 3,187 square miles; this area does not delineate a moose, wolf, or bear population and is not intended to distinguish animals with the focus area from populations in Unit 12, 20D, or 20E; the purpose is to focus wolf control on a relatively small area where moose numbers can be better estimated, where moose are accessible to hunters, and where harvest can be closely monitored; the area's objectives are as follows:

(1) this is a predator control program and habitat enhancement program designed to increase moose abundance and harvest by reducing predation on moose by wolves and improving habitat; the program is expected to contribute to achieving the intensive management (IM) objectives in the predation control focus area;

(2) moose and wolf objectives are as follows:

(A) moose IM population objectives for Units 12, 20(D), and 20(E) as established in 5 AAC 92.108 are 4,000 - 6,000, 8,000 - 10,000, and 8,000 - 10,000 moose, respectively; these objectives are within the range of historic population estimates;

(B) the moose population program objective within a 2,241 square mile Taylor Corridor Survey Area (TCSA) is 2,240 - 3,140 observable moose (1.0 - 1.4 moose per square mile) during late autumn surveys; these densities have been observed in recent years; this survey area overlaps the predation control focus area and allows monitoring of moose abundance consistent with earlier surveys;

(C) the wolf removal objective is to reduce wolves within the control area to the extent possible; the department has determined that wolves can be removed from public and private lands within the control area to the extent possible without affecting the sustainability of the wolf population in Units 12, 20(D), and 20(E) because the 4,757 square mile control area is approximately 2, 10, and 38 percent of Units 12, 20(D), and 20(E) respectively and does not include all lands that the wolf population occupies; the wolf objective for Unit 12 is to maintain a population of at least 100 wolves; the wolf objective for Unit 20D is to maintain a population of at least 15 wolves; the wolf objective for Unit 20E is to maintain a population of 60 wolves, these objectives can be confirmed outside the wolf control area using a minimum count or intensive aerial survey;

(3) findings concerning populations and human use are as follows:

(A) wolf predation is likely a factor in the failure to achieve moose population objectives;.

(B) a reduction in wolf predation in Units 12, 20(D), and 20(E) may make progress toward achieving the Units 12, 20(D), and 20(E) IM harvest objectives for moose;

(C) reducing wolf predation is likely to be effective and feasible using recognized and prudent active management techniques and based on scientific information;

(D) reducing wolf numbers is likely to be effective given land ownership patterns and past participation by the public, or if conducted by department personnel;

(4) if moose density in the TCSA declines to fewer than 1.0 moose per square mile for two consecutive surveys and the three-year average of moose twinning rates are above 20 percent, authorized methods and means are as follows:

(A) hunting and trapping of wolves by the public in the Units 12, 20(D), and 20(E) PCFA during the term of the program will occur as provided in the hunting and trapping regulations set out elsewhere in this title, including the use of motorized vehicles;

(B) notwithstanding any other provisions in this title, the commissioner may issue public aerial shooting permits or public land and shoot permits as a method for wolf removal under AS 16.05.783;

(5) time frame is as follows:

(A) before July 1, 2030, the commissioner may authorize the removal of wolves in the Units 12, 20(D), and 20(E) PCFA;

(B) annually, to the extent practicable, the department shall provide to the board a report of program activities conducted during the preceding 12 months, including implementation activities, the status of the moose and wolf populations, and recommendations for changes, if necessary to achieve the objectives of the plan

(6) the commissioner will review, modify, or suspend program activities as follows:

(A) when a density of 1.2 moose per square mile has been observed for two consecutive surveys within the TCSA;

(B) if, after three years, the harvest of wolves is not sufficient to make progress towards the IM population objectives for wolves;

(i) if, after three years following a survey in the TCSA with a density of 1.2 moose per square mile, there is no increase in the total harvest of moose in the control area;

(ii) if, after three years, any measure such as twinning rates and short-yearling mass consistent with significant levels of nutritional stress in the moose population is identified;

(iii) when the moose population and harvest objectives within Units 12, 20(D), and 20(E) have been met;

(iv) if the moose population exceeds a density of 1.2 moose per square mile for two consecutive TCSA surveys; or

(v) in a regulatory year if the wolf objective is met in a subunit containing the predation control focus area;

(7) the department may plan and execute habitat enhancement projects in areas identified for improvement based on evidence at the landscape or population level through prescribed bums, wildfire, or mechanical means; habitat enhancement is intended to increase the potential moose carrying capacity in the Units 12, 20(D), and 20(E) Predation Control Focus Area.

(d) In this section,

(1) "IM" means intensive management;

(2) "PCFA" means predation control focus area;

(3) "TCSA" means Taylor Corridor Survey Area.

History

Authority: AS 16.05.255; AS 16.05.270; AS 16.05.783
Eff. 10/1/93, Register 127; am 8/18/95, Register 135; am 7/1/96, Register 138; add'l am 7/1/96, Register 138; am 7/27/97, Register 143; am 2/22/2000, Register 153; am 7/1/2000, Register 154; am 7/19/2000, Register 155; am 1/3/2001, Register 156; am 7/1/2001, Register 158; am 8/22/2001, Register 159; am 7/26/2003, Register 167; am 7/1/2004, Register 170; am 1/1/2005, Register 172; am 7/1/2005, Register 174; am 1/26/2006, Register 177; am 6/24/2006, Register 178; am 9/1/2006, Register 179; am 7/1/2007, Register 182; am 3/21/2008, Register 186; am 5/20/2008, Register 186; am 5/21/2009, Register 190; am 7/1/2009, Register 190; am 5/16/2010, Register 194; am 7/1/2010, Register 194; add'l am 7/1/2010, Register 194; am 12/15/2010, Register 196; am 1/29/2011, Register 197; am 5/14/2011, Register 198; am 7/1/2011, Register 198; am 3/24/2012, Register 201; am 4/1/2012, Register 201; am 7/1/2012, Register 202; 7/1/2014, Register 210; am 7/1/2020, Register 234; am 8/10/2024, Register 251

5 AAC 92.115 Control of predation by bears {#sec-5-aac-92.115 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.115}

(a) Notwithstanding any other provision in this title, the commissioner or the commissioner's designee may, in accordance with this section, and consistent with any applicable predation control implementation plan adopted by the board, conduct a bear population reduction or bear population regulation program. The commissioner or the commissioner's designee, including contracted agents of other governmental agencies, may reduce bear populations in an efficient manner, by any means, but as safely and humanely as practical, including the use of a helicopter.

(b) Repealed 3/10/2006.

(d) After the board has adopted a predation control implementation plan, the commissioner may, at any time during the period for which the plan is in effect, determine whether to implement the plan and may, by regulation, amend the plan to apply additional restrictions in light of circumstances existing at the time of implementation.

(e) If the board authorizes the issuance of permits for use of aircraft as a method of bear removal, the commissioner may, at any time while the plan is in effect, implement a program authorizing the use of aircraft by order of the department. A permit may be issued for a specified limited time period after which reissuance is required. The department may monitor programs involving the use of aircraft from the air.

(f) Unless specifically exempted by the board, a person taking bear under a bear population reduction or bear population regulation program must retrieve the bear hide and skull so that maximum economic and scientific value may be realized from each bear.

(g) Poison may not be used to take bears.

(h) Repealed 5/16/2010.

(i) The commissioner shall stop the taking of bears under the implementation plan and, if necessary, stop other instances of taking of bears in the affected area for the remainder of the regulatory year, when plan objectives adopted by the board for that area have been reached for that year.

(j) This section applies only to a specific program designed to reduce or regulate bear populations for the purpose of managing wild prey populations. This section does not apply to other responsibilities of the commissioner, such as activities relating to

(1) animal propagation;

(2) scientific studies;

(3) stocking conducted under AS 16.05.050;

(4) issuance of permits for collection of animals under AS 16.05.340(b);

(5) the isolated taking of animals necessary for immediate protection of wildlife populations or the general public or property under AS 16.05.020; or

(6) issuance of any other department permits authorized by state or federal law.

(k) A bear population reduction or bear population regulation program established under this section is independent of, and does not apply to, hunting and trapping authorized in 5 AAC 84 - 5 AAC 85.

History

Authority: AS 16.05.255; AS 16.05.270
Eff. 7/1/2004, Register 170; am 7/1/2005, Register 174; am 3/10/2006, Register 177; am 7/1/2009, Register 190; am 5/16/2010, Register 194; am 4/8/2012, Register 202; am 7/1/2012, Register 202

5 AAC 92.116 Special provisions in predation control areas {#sec-5-aac-92.116 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.116}

(a) Repealed 7/1/2014.

(b) For brown bears taken in an active brown bear predation control area, the department will issue permits allowing hunters to sell untanned hides, with claws attached, and skulls after sealing as required in 5 AAC 92.165.

(c) In this section, "active" means that predator control permits have been issued for the referenced predation control area during the current year.

(d) A brown bear or black bear taken under a predator control permit does not count against the statewide bag limit for brown bear or black bear in other units of the state.

History

Authority: AS 16.05.255; AS 16.05.270
Eff. 7/1/2008, Register 186; am 7/1/2009, Register 190; am 7/1/2014, Register 210

5 AAC 92.118 Intensive Management Plans IV {#sec-5-aac-92.118 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.118}

(a) Plans established. Intensive management plans for the following areas are established in this section:

(1) Unit 15(A) Predation Control Area;

(2) Unit 15(C) Predation Control Area.

(b) Unit 15(A) Predation Control Area. Notwithstanding any other provisions in this title, and based on the following information contained in this subsection, the commissioner or the commissioner's designee may conduct a wolf population reduction or wolf population regulation program in Unit 15(A):

(1) the Unit 15(A) Predation Control Area is established and consists of all lands within Unit 15(A) (1,314 square miles); non-federal lands identified for intensive management are approximately 83 square miles;

(2) the intensive management population and harvest objectives for moose in Unit 15(A) are 3,000 - 3,500 and 180 - 350 moose, respectively; the sustained yield of moose is currently below objectives; the goal is to reduce calf and adult mortality for reallocation of moose from wolves to harvest; a November 2011 survey estimated 60 - 62 wolves in Unit 15(A); wolf control objectives are to remove wolves from the population through trapping, hunting, and wolf control activities and retain at least 15 wolves in Unit 15(A); wolf surveys will be conducted as necessary to ensure that the population contains at least 15 wolves;

(3) the discussion of wildlife populations and human use information is as follows:

(A) the moose population and harvest information in Unit 15(A) is as follows:

(i) the moose population size in 2008 was estimated at 2,088 moose (95 percent confidence interval=264); the moose population is below intensive management objectives;

(ii) the average yearly harvest during the past decade (2001 - 2010) has been 140 moose; this is a lower harvest compared to the previous decade (1991 - 2000) where the average yearly harvest was 194 moose; the entire area is a nonsubsistence use area so there is no amount reasonably necessary for subsistence uses established under 5 AAC 99.025(8) for Unit 15(A);

(B) declining habitat quality is the main limiting factor affecting low moose densities in Unit 15(A); there has not been a fire of significant size in the unit for over 40 years; studies from 1987 - 1992 showed 96 percent of cows aged 2 - 15 were pregnant whereas 73 percent of cows in the same age group were pregnant in 2006; twinning rates calculated in 1983 in an area that burned in 1969 showed a 72 percent twinning rate whereas twinning rates calculated in the unit for 2011 were at 16 percent; the moose population appeared to be at or above carrying capacity in the early 1990s and declined at a rate of nine percent per year during the 1990s; research on calf mortality in the late 1970s in the unit showed 48 percent of calves dying from predation, six percent was caused by wolves, six percent was caused by brown bears, 34 percent was caused by black bears, and two percent by undetermined predation from wolves or bears before July 15th; while habitat is limiting, wolf predation has been shown to limit calf and adult moose survival in the unit; predation rates by these three primary predators may have changed due to changes in prey availability; however, all three predator species are still relatively abundant in the unit; over the last decade highway vehicle collisions (41 percent cows, 51 percent calves, average 85 per year) represented approximately 38 percent of human caused mortality of moose in the unit;

(C) with limited habitat this action is not intended to make significant progress toward the intensive management population objective, rather reducing predation will allow for possible reallocation of moose from predators to harvest; the program will initially focus on wolves due to potential effectiveness of aerial wolf control; additional black bear take will be considered if additional improvements in calf survival and recruitment are needed to meet harvest objectives;

(D) the wolf harvest over the past decade in Unit 15(A) has ranged between 4 - 16 wolves taken each year with a mean of 11 wolves; the pre-winter wolf population was estimated at 60 - 62 wolves in November 2011; the harvest has been inadequate to reduce wolf numbers considering yearly growth; assuming a pre-winter population of 60 - 62 wolves, the wolf harvest would likely need to be 45 - 47 wolves from all methods including trapping, hunting, and wolf control, to reduce the wolf population and result in a reduction in predation rates on moose; the hunting season and bag limit for wolves has remained unchanged since 1989 but the bag limit on the Kenai National Wildlife Refuge, which was limited to two wolves per year on the refuge, was liberalized to five wolves per year in 2011; the trapping season and bag limits have been the same since 1997; additional active management methods are necessary to reduce the wolf population;

(E) approximately 79 percent of Unit 15(A) is federal land, 18 percent is private land, and three percent is state and borough land; wolf control will be initiated pending authorization by land managers and owners;

(4) The board requests that the commissioner work cooperatively with the Department of Natural Resources and area landowners, and especially the United States Fish and Wildlife Service, to achieve habitat improvement through burning, timber harvest, and other recognized and prudent active management techniques;

(5) the authorized methods and means used to take wolves include hunting and trapping of wolves by the public in Unit 15(A) during the term of the management program as provided in the hunting and trapping regulations; the commissioner may use department employed or contracted wolf trappers, operating during the established wolf trapping season and using legal trapping techniques, issue public aerial shooting permits, public land and shoot permits, allow agents of the state, or department employees to conduct aerial, land and shoot, or ground-based shooting as a method of wolf removal under AS 16.05.783, including the use of any type of aircraft; prey harvest may include bull-only harvests with variable combinations of antler restrictions, any-bull hunts, and antlerless harvest; factors described in (3) of this subsection and other considerations unique to the situation indicate that aerial shooting of wolves by department employees is the desired option to reduce predation in the management area described in (1) of this subsection to a level sufficient to improve survival of moose and the potential for population growth;

(6) the anticipated time frame, schedule for update and reevaluation and conditions for termination of the plan are as follows:

(A) this plan is in effect for approximately five years from March 24, 2012 through June 30, 2017 unless renewed;

(B) annually the department shall, to the extent practicable, provide to the board a report of program activities conducted during the preceding 12 months, including implementation activities, the status of the moose and wolf populations, and recommendations for changes, if necessary to achieve the objectives of the plan;

(i) when the upper levels of intensive management objectives for the moose population size and harvest are exceeded; or

(ii) upon expiration of the period during which the commissioner is authorized to reduce predator numbers in the predator control plan area;

(7) the program will be suspended if one of the following conditions are met:

(A) if there is no detectable increase in calf-to-cow ratios after three years of predation control, indicating that there is no significant improvement in calf survival;

(B) if, after three years, any measure consistent with significant levels of nutritional stress are identified;

(C) annually, if the wolf population falls below 15 wolves at any time estimated from one or more of the following techniques:

(i) population survey;

(ii) population census;

(iii) modeling;

(iv) harvest;

(v) pilot and trapper interviews;

(D) the commissioner shall annually close wolf hunting and trapping seasons as appropriate to ensure that the minimum wolf population objectives are met.

(c) Unit 15(C) Predation Control Area. The Unit 15(C) Predation Control Area is established and consists of all lands within Unit 15(C) north of Kachemak Bay including the Fox River Flats (1,171 square miles); state and private lands are approximately 856 square miles;

(1) this is a continuing habitat enhancement and predator control program that was first established by the Board of Game (board) in 2012 for wolf control; it is designed to increase moose population and harvest by improving moose habitat and reducing predation on moose by wolves and is expected to maintain the intensive management (IM) objectives in Unit 15(C);

(2) moose and wolf objectives are as follows:

(A) moose IM population objectives for Unit 15(C) as established in 5 AAC 92.108 are 2,500 - 3,500 moose. This objective is within the range of historic population estimates; the bull-to-cow objective is 20 - 25:100 for Unit 15(C);

(B) the moose harvest objectives for Unit 15(C) is 200 - 350 moose; which is eight percent of the low population objective and 10 percent of the high population objective;

(C) the department has determined that wolves can be removed from public and private lands within the control area to the extent possible without affecting the sustainability of the wolf population in Unit 15(C) because the control area is approximately 33 percent of Unit 15(C) and does not include all lands that the wolf population occupies;

(3) findings concerning populations and human use are as follows:

(A) wolf predation is likely a factor in the failure to achieve moose population and harvest objectives;

(B) a reduction in wolf predation in Unit 15(C) may make progress toward achieving the Unit 15(C) IM harvest objectives for moose;

(C) reducing wolf predation is likely to be effective and feasible using recognized and prudent active management techniques and based on scientific information;

(D) reducing wolf numbers is likely to be effective given land ownership patterns if conducted by department personnel;

(4) authorized methods and means are as follows:

(A) hunting and trapping of wolves by the public in the Unit 15(C) Predation Control Area during the term of the program will occur as provided in the hunting and trapping regulations set out elsewhere in this title, including the use of motorized vehicles;

(B) notwithstanding any other provisions in this title, the commissioner may issue public aerial shooting permits or public land and shoot permits as a method for wolf removal under AS 16.05.783;

(5) time frame is as follows:

(A) through June 30, 2029, the commissioner may authorize the removal of wolves in the Unit 15(C) Predation Control Area;

(6) the commissioner will review, modify, or suspend program activities as follows:

(A) when the mid-point of the IM population and harvest objectives for the moose population are achieved;

(B) if, after three years, the harvest of wolves is not sufficient to make progress towards the IM population objectives for wolves;

(i) if, after three years, there is no detectable increase in the total harvest of moose in the control area;

(ii) if, after three years, any measure consistent with significant levels of nutritional stress in the moose population is identified, such as twinning rates and short-yearling mass;

(iii) when the moose population and harvest objectives within Unit 15(C) have been met; or

(iv) if the population exceeds a density of 3.0 moose per square mile;

(7) to increase potential moose carrying capacity, the department will plan and execute habitat enhancement projects in areas identified for improvement based on evidence at the landscape or population level through prescribed bums, wildfire, or mechanical means.

History

Authority: AS 16.05.255; AS 16.05.270; AS 16.05.783
Eff. 10/1/93, Register 127; am 8/18/95, Register 135; am 7/1/96, Register 138; add'l am 7/1/96, Register 138; am 7/27/97, Register 143; am 2/22/2000, Register 153; am 7/1/2000, Register 154; am 7/19/2000, Register 155; am 1/3/2001, Register 156; am 7/1/2001, Register 158; am 8/22/2001, Register 159; am 7/26/2003, Register 167; am 7/1/2004, Register 170; am 1/1/2005, Register 172; am 7/1/2005, Register 174; am 1/26/2006, Register 177; am 6/24/2006, Register 178; am 9/1/2006, Register 179; am 7/1/2007, Register 182; am 3/21/2008, Register 186; am 5/20/2008, Register 186; am 5/21/2009, Register 190; am 7/1/2009, Register 190; am 5/16/2010, Register 194; am 7/1/2010, Register 194; add'l am 7/1/2010, Register 194; am 12/15/2010, Register 196; am 1/29/2011, Register 197; am 5/14/2011, Register 198; am 7/1/2011, Register 198; am 3/24/2012, Register 201; am 4/1/2012, Register 201; am 7/1/2012, Register 202; am 7/1/2013, Register 206; am 7/1/2017, Register 222; am 7/28/2023, Register 247

5 AAC 92.120 Wolf predation control programs {#sec-5-aac-92.120 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.120}

Repealed 7/1/92.

History

Eff. 7/5/85, Register 95; am 6/19/86, Register 98; am 4/24/88, Register 106; am 7/1/92, Register 122

5 AAC 92.121 Intensive Management Plan V {#sec-5-aac-92.121 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.121}

(a) Plan established. The intensive management plan for the Unit 13 Wolf Predation Control Area is established in this section.

(b) Unit 13 Wolf Predation Control Area: the Unit 13 Predation Control Area is established and consists of all lands within Units 13(A), 13(B), 13(C), 13(D), and that portion of Unit 13(E) east of the Alaska Railroad, except National Park Service and other federal lands where same-day-airborne take of wildlife is not allowed, encompassing approximately 21,066 square miles. The control program for this area is as follows:

(1) this is a continuing control program that was first authorized by the board in 2000 for wolf control; it is currently designed to increase moose numbers and harvest by reducing predation on moose by wolves, thereby improving recruitment rates, and is expected to make a contribution to achieving the intensive management (IM) objectives in Unit 13;

(2) moose and wolf objectives are as follows:

(A) moose IM objectives for Units 13(A), 13(B), 13(C), 13(D), and 13(E) as established in 5 AAC 92.108 are 3,500 - 4,200, 5,300 - 6,300, 2,000 - 3,000, 1,200 - 1,900, and 5,000 - 6,000 moose respectively;

(B) the moose harvest objectives for Units 13(A), 13(B), 13(C), 13(D), and 13(E) as established in 5 AAC 92.108 are 210 - 420, 310 - 620, 155 - 350, 75 - 190, and 300 - 600 moose respectively;

(C) the department adopted 135 - 165 wolves as the late winter minimum abundance for Unit 13; maintaining this minimum population size will allow for sustained yield of wolves and will ensure that wolves persist in the control area;

(3) board findings concerning populations and human use are as follows:

(A) moose harvest has been consistently below IM objectives in Units 13(B), 13(C), and 13(E);

(B) predation by wolves is an important cause of the failure to achieve population and harvest objectives;

(C) a reduction in wolf predation in Unit 13 can reasonably be expected to make progress toward achieving the Unit 13(A), 13(B), 13(C), 13(D), and 13(E) IM objectives for moose;

(D) reducing predation is likely to be effective and feasible using recognized and prudent active management techniques and based on scientific information;

(E) reducing predation is likely to be effective given land ownership patterns, and

(F) reducing predation is in the best interest of subsistence users; Unit 13 has long been an important hunting area for subsistence by local area residents and much of the state's population in Anchorage, the Matanuska-Susitna Valley, as well as Fairbanks and other communities around the state; it is recognized under the state's intensive management law as an area where moose are to be managed for high levels of human consumptive use;

(4) authorized methods and means are as follows:

(A) hunting and trapping of wolves by the public in the Unit 13 Wolf Predation Control Area during the term of the program will occur as provided in the hunting and trapping regulations set out elsewhere in this title, including the use of motorized vehicles;

(B) notwithstanding any other provisions in this title, the commissioner may issue public aerial permits or public land-and-shoot permits as a method for wolf removal under AS 16.05.783;

(5) time frame is as follows:

(A) through July 1, 2031, the commissioner may authorize the removal of wolves in the Unit 13 Wolf Predation Control Area;

(B) annually, the department shall, to the extent practicable, provide to the board a report of program activities conducted during the preceding 12 months, including implementation activities, the status of moose and wolf populations, and recommendations for changes, if necessary, to achieve the objectives of the plan;

(6) the commissioner will review, modify or suspend program activities as follows:

(A) when the mid-point of the IM population and harvest objectives for the moose population is achieved;

(B) when wolf inventories or accumulated information from permittees indicate the need to avoid reducing wolf numbers below the management objective of 135 wolves specified in this subsection;

(C) if after three years, the harvest of wolves is not sufficient to make progress towards the intensive management population objectives for wolves;

(D) predation control activities may be suspended

(i) if after three years, there is no detectable increase in the total number of moose in the control area;

(ii) if after three years, any measure such as estimates of rump fat, short-yearling mass, and twinning rates, consistent with significant levels of nutritional stress in the moose population are identified;

(iii) when the moose population and harvest objectives within Unit 13 predation control area have been met.

(c) Habitat Enhancement. The department may plan and execute habitat enhancement projects in areas identified for improvement based on evidence at the landscape or population level through prescribed burns, wildfire, or mechanical means to increase the potential carrying capacity across the range in Unit 13.

History

Authority: AS 16.05.255; AS 16.05.270; AS 16.05.783
Eff. 10/1/93, Register 127; am 8/18/95, Register 135; am 7/1/96, Register 138; add'l am 7/1/96, Register 138; am 7/27/97, Register 143; am 2/22/2000, Register 153; am 7/1/2000, Register 154; am 7/19/2000, Register 155; am 1/3/2001, Register 156; am 7/1/2001, Register 158; am 8/22/2001, Register 159; am 7/26/2003, Register 167; am 7/1/2004, Register 170; am 1/1/2005, Register 172; am 7/1/2005, Register 174; am 1/26/2006, Register 177; am 6/24/2006, Register 178; am 9/1/2006, Register 179; am 7/1/2007, Register 182; am 3/21/2008, Register 186; am 5/20/2008, Register 186; am 5/21/2009, Register 190; am 7/1/2009, Register 190; am 5/16/2010, Register 194; am 7/1/2010, Register 194; add'l am 7/1/2010, Register 194; am 12/15/2010, Register 196; am 1/29/2011, Register 197; am 5/14/2011, Register 198; am 7/1/2011, Register 198; am 3/24/2012, Register 201; am 4/1/2012, Register 201; am 7/1/2012, Register 202; am 7/1/2016, Register 218; am 6/23/2022, Register 242

5 AAC 92.122 Intensive Management Plan VI {#sec-5-aac-92.122 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.122}

(a) Plan established. The intensive management plan for the Unit 16 Predation Control Area is established in this section.

(b) Unit 16 Predation Control Area: the Unit 16 Predation Control Area is established, which is focused primarily on mainland Unit 16(B), and consists of all lands within Unit 16(B) and that portion of Unit 16(A) west of a line beginning at the confluence of the Yentna and Susitna Rivers, then northerly along the western bank of the Susitna River to the confluence with the Deshka River, then northerly to 61° 48.80' N. lat., 150° 21.77' W. long., then west to 62° 01.47' N. lat., 150° 24.06' W. long., then north to the northern end of Trapper Lake at 62° 01.47' N. lat., 150° 16.67' W. long., then west to 62° 01.47' N. lat., 150° 24.06' W. long., then north to 62° 09.65' N. lat., 150° 24.06' W. long., then west to the southwestern end of Amber Lake at 62° 09.65' N. lat., 150° 33.42' W. long., then north to 62° 18.03' N. lat., 150° 33.42' W. long., then west to 62° 18.03' N. lat., 150° 51.04' W. long., then north to 62° 27.97' N. lat., 150° 51.04' W. long., then west to the Denali National Park boundary at 62° 27.97' N. lat., 151° 09.22' W. long., encompassing approximately 11,105 square miles; notwithstanding any other provision in this title, and based on the following information contained in this section, the commissioner or the commissioner's designee may conduct a wolf and black bear and brown bear population reduction or wolf and black bear and brown bear population regulation program in the Unit 16 Predation Control Area. The control program for this area is as follows:

(1) this program is currently designed to increase moose numbers and harvest by reducing predation on moose and is expected to contribute to achieving the intensive management (IM) objectives in Unit 16;

(2) moose, wolf, black bear and brown bear objectives are as follows:

(A) moose IM objectives established in 5 AAC 92.108 for Unit 16(B) are 6,500 - 7,500 moose with a sustainable annual harvest of 310 - 600 moose; this population is composed of subpopulations that reside within in the unit; however, a subpopulation from the flanks of Mount Yenlo and in the upper Lake Creek drainage mixes in winter with moose from Unit 16(A) in the Kahiltna River drainage, and a subpopulation from the flanks of Mount Susitna and the drainages of Alexander Creek and lower Yentna River winters with moose from Units 14(A), 14(B), and 16(A) in the lower Yentna and Susitna rivers;

(B) the wolf control objective is to reduce the population to 35 - 55 wolves in Unit 16(B);

(D) the brown bear control objective is to reduce the population to a minimum of 375 brown bears in Unit 16(B);

(3) board findings concerning populations and human use are as follows:

(A) repealed 6/23/2022;

(B) predation by wolves and bears is an important cause of the failure to achieve moose population and harvest objectives;

(C) a reduction in wolf and bear predation in Unit 16(B) and portions of Unit 16(A) can reasonably be expected to make progress towards achieving the Unit 16(B) intensive management objectives for moose;

(D) reducing predation is likely to be effective and feasible using recognized and prudent active management techniques and based on scientific information;

(E) reducing predation is likely to be effective given land ownership patterns;

(4) authorized methods and means are as follows:

(A) hunting and trapping of wolves by the public in the Unit 16 Predation Control Area during the term of the program will occur as provided in the hunting and trapping regulations set out elsewhere in this title, including use of motorized vehicles as provided in 5 AAC 92.080;

(B) notwithstanding any other provisions in this title, the commissioner may issue public aerial shooting permits or public land-and-shoot permits as a method of wolf removal and may allow department employees to conduct aerial, land-and-shoot, or ground-based lethal removal of wolves and black bears and brown bears using state-owned, privately-owned, or chartered equipment, including helicopters, under AS 16.05.783;

(C) hunting of black and brown bears by the public in the Unit 16 Predation Control Area during the term of the program will occur as provided in the hunting regulations set out elsewhere in this title;

(D) the commissioner may issue public bear control permits to reduce the black bear and brown bear populations within the Unit 16 Predation Control Area by the following methods and means:

(i) legal animal is any black bear, including sows and cubs, and any brown bear, except sows with cubs of the year and cubs of the year;

(ii) no bag limit;

(iii) same-day-airborne taking of bears if the permittee is at least 300 feet from the airplane;

(iv) same-day-airborne taking of bears if the permittee is at least 300 feet from the aircraft, including the use of any type of aircraft, such as fixed-wing aircraft or helicopter, to access bear baiting stations from April 15 through October 15, except that helicopters may not be used from August 5 through September 25;

(v) April 15 through October 15 baiting season for bears; up to four bear bait stations per permittee;

(vi) repealed 6/23/2022

(vii) repealed 6/23/2022

(viii) repealed 6/23/2022

(ix) repealed 6/23/2022

(5) time frame is as follows:

(A) through July 1, 2031, the commissioner may authorize the removal of wolves, black bears, and brown bears in the Unit 16 Predation Control Area;

(B) annually, the department shall, to the extent practicable, provide to the board a report of program activities conducted during the preceding 12 months, including implementation activities, the status of moose, wolf, and bear populations, and recommendations for changes, if necessary, to achieve the objectives of the plan;

(6) the commissioner will review, modify, or suspend program activities as follows:

(A) when the mid-point of intensive management objectives for the moose population is achieved;

(B) when wolf population surveys or accumulated information from permittees indicate the need to avoid reducing wolf numbers below the midpoint of the intensive management objective of 35 - 55 wolves specified in this subsection;

(C) when black bear population inventories or accumulated information from permittees indicate the need to avoid reducing black bear numbers below the management objective of 700 black bears specified in this subsection;

(D) when brown bear population inventories or accumulated information from permittees indicate the need to avoid reducing brown bear numbers below the management objective of 375 brown bears specified in this subsection;

(E) if after three years the harvest of predators is not sufficient to make progress towards the intensive management population objectives for wolves, black bears, or brown bears; the program may be temporarily suspended for one or more of the predator species;

(F) predator control activities may be terminated:

(i) if the moose population can be maintained at the midpoint of the IM population objectives, and moose harvest objectives have been met;

(ii) if after three years, there is no detectable increase in the total number of moose in the assessment area.

History

Authority: AS 16.05.255; AS 16.05.270; AS 16.05.783
Eff. 10/1/93, Register 127; am 8/18/95, Register 135; am 7/1/96, Register 138; add'l am 7/1/96, Register 138; am 7/27/97, Register 143; am 2/22/2000, Register 153; am 7/1/2000, Register 154; am 7/19/2000, Register 155; am 1/3/2001, Register 156; am 7/1/2001, Register 158; am 8/22/2001, Register 159; am 7/26/2003, Register 167; am 7/1/2004, Register 170; am 1/1/2005, Register 172; am 7/1/2005, Register 174; am 1/26/2006, Register 177; am 6/24/2006, Register 178; am 9/1/2006, Register 179; am 7/1/2007, Register 182; am 3/21/2008, Register 186; am 5/20/2008, Register 186; am 5/21/2009, Register 190; am 7/1/2009, Register 190; am 5/16/2010, Register 194; am 7/1/2010, Register 194; add'l am 7/1/2010, Register 194; am 12/15/2010, Register 196; am 1/29/2011, Register 197; am 5/14/2011, Register 198; am 7/1/2011, Register 198; am 3/24/2012, Register 201; am 4/1/2012, Register 201; am 7/1/2012, Register 202; am 7/1/2013, Register 206; 7/1/2015, Register 214; am 7/1/2018, Register 226; am 6/23/2022, Register 242; am 7/1/2025, Register 254

5 AAC 92.123 Intensive Management Plans VII {#sec-5-aac-92.123 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.123}

(a) Plans established. Intensive management plans for the following areas are established in this section:

(1) Unit 19(E) Predation Control Area;

(2) Unit 19(D)-East Predation Control Area;

(3) Unit 19(C) Predation Control Area;

(4) Unit 19(A) Predation Control Area.

(b) Unit 19(E) Predation Control Area: the Unit 19(E) Predation Control Area is established and consists of those portions of the Kuskokwim River drainage within Unit 19(E), encompassing approximately 4,269 square miles; this predation control program does not apply to any National Park Service or National Wildlife Refuge lands unless approved by the federal agencies; notwithstanding any other provisions in this title, and based on the following information contained in this section, the commissioner or the commissioner's designee may conduct a wolf and black bear and brown bear population reduction or a wolf and black bear and brown bear population regulation program in Unit 19(E) to benefit moose; the area's objectives are as follows:

(1) the following wolf and bear predation control focus areas are established in the Unit 19(E) Predation Control Area; the areas do not delineate a moose, wolf, or bear population and are not intended to distinguish animals within the focus areas from populations in Unit 19(E); the purpose is to focus wolf and bear control in a relatively small area where moose numbers can be better estimated, where moose are accessible to hunters, and where harvest can be closely monitored; predation control focus areas under this paragraph consist of the following:

(A) the Wolf Predation Control Focus Area (WPCFA) encompasses approximately 3,905 square miles within all Unit 19(E) drainages of the Kuskokwim River upstream from and including the Holitna River Drainage; wolf control will be conducted only within the WPCFA; the department has the discretion to adjust the focus area's size and shape to include up to approximately 4,400 square miles of Unit 19(E);

(B) the Black Bear and Brown Bear Predation Control Focus Area (BPCFA) encompasses approximately 534 square miles consisting of those portions of the Kuskokwim River drainage within the area enclosed by a line starting at Sleetmute at 61° 42.00' N. lat., 157° 10.00' W. long., then east to 61° 42.00' N. lat., 157° 00.00' W. long., then north to 61° 44.00' N. lat., 157° 00.00' W. long., then east to 61° 44.00' N. lat., 156° 55.00' W. long., then north to 61° 46.00' N. lat., 156° 55.00' W. long., then east to 61° 46.00' N. lat., 156° 50.00' W. long., then north to 61° 48.00' N. lat., 156° 50.00' W. long., then east to 61° 48.00' N. lat., 156° 45.00' W. long., then north to 61° 50.00' N. lat., 156° 45.00' W. long., then east to 61° 50.00' N. lat., 156° 30.00' W. long., then south to 61° 40.00' N. lat., 156° 30.00' W. long., then west to 61° 40.00' N. lat., 156° 45.00' W. long., then south to 61° 18.00' N. lat., 156° 45.00' W. long., then west to 61° 18.00' N. lat., 157° 15.00' W. long., then north to 61° 24.00' N. lat., 157° 15.00' W. long., then east to 61° 24.00' N. lat., 157° 10.00' W. long., then north to 61° 42.00' N. lat., 157° 10.00' W. long.; bear control will be conducted only within the BPCFA; the department may adjust the area's size and shape up to approximately 800 square miles of Unit 19(E); the BPCFA is mostly within the WPCFA;

(2) this is a continuing control program that was first authorized by the board in 2004 for wolf control, with bear control added by the board in 2012; it is currently designed to increase moose numbers and harvest in the WPCFA and BPCFA by reducing predation on moose and is expected to make a contribution to achieving the intensive management (IM) objectives in Unit 19(E);

(3) moose, wolf, black bear, and brown bear objectives are as follows:

(A) the IM population objective established by the board for Unit 19(E) is 3,300 - 4,000 moose; the IM moose harvest objective for Unit 19(E) is 130 - 160 moose annually;

(B) the density objective for moose in the WPCFA is 1.0 moose per square mile (corrected for sightability) during late winter surveys; the annual moose harvest objective for the area is 155 moose;

(C) the wolf control population objective in the WPCFA is to reduce wolf numbers by at least 60 - 80 percent; the pre-control estimate within the WCFA is 75 wolves; the pre-control wolf population in Unit 19(E) is estimated at 150 wolves; only removing wolves from the WPCFA will ensure that wolves persist in Unit 19(E);

(D) the black bear control objective in the BPCFA is to reduce black bear numbers to the lowest level possible; the pre-control black bear population in Unit 19(E) is estimated at 2,500 - 3,000 black bears; the pre-control estimate within the area is 92 - 102 black bears; because the BPCFA is a relatively small geographic area, removing black bears from within the BPCFA will have only a minor effect on the black bear population in Unit 19(E);

(E) the brown bear control objective in the BPCFA is to reduce brown bear numbers to the lowest level possible; the pre-control brown bear population in Unit 19(E) is estimated at 180 - 210 brown bears; the pre-control estimate within the BPCFA is 10 - 15 brown bears; because the BPCFA is a relatively small geographic area, removing brown bears from within the BPCFA will have only a minor effect on the brown bear population in Unit 19(E);

(4) board findings concerning populations and human use are as follows:

(A) the Unit 19(E) IM moose population and harvest objectives have not been achieved;

(B) the WPCFA objectives for moose density and moose harvest have not been achieved:

(C) predation by wolves and bears is an important cause of the failure to achieve moose population and harvest objectives;

(D) a reduction of wolf and bear predation within the WPCFA and BPCFA can reasonably be expected to make progress towards achieving the Unit 19(E) IM objectives;

(E) reducing predation is likely to be effective and feasible using recognized and prudent active management techniques and based on scientific information;

(F) reducing predation is likely to be effective given land ownership patterns;

(5) authorized methods and means are as follows:

(A) hunting and trapping of wolves and hunting of black bears and brown bears by the public in Unit 19(E) during the term of this program may occur as provided in the hunting and trapping regulations set out elsewhere in this title, including use of motorized vehicles;

(B) notwithstanding any other provisions in this title, the commissioner may allow department employees to conduct aerial, land and shoot, or ground-based lethal removal of wolves and black bears and brown bears using state-owned, privately-owned, or chartered equipment, including helicopters, under AS 16.05.783;

(C) notwithstanding any other provisions in this title, the commissioner may issue public aerial shooting permits or public land and shoot permits using fixed-wing aircraft as a method of wolf removal under AS 16.05.783;

(6) time frame is as follows:

(A) before July 1, 2030, the commissioner may authorize removal of wolves and black bears and brown bears in Unit 19(E);

(B) annually, the department shall, to the extent practicable, provide to the board a report of program activities conducted during the preceding 12 months, including implementation activities, the status of the moose, wolf, and bear populations, and recommendations for changes, if necessary to achieve the objectives of the plan;

(7) the commissioner will review, modify, or suspend program activities as follows:

(A) when the moose density and harvest objectives specified in this subsection are achieved within the WPCFA;

(B) if any measure consistent with signs of nutritional stress in the moose population are identified.

(c) Unit 19(D)-East Predation Control Area: the Unit 19(D)-East Predation Control Area is established and consists of those portions of the Kuskokwim River drainage within Unit 19(D) upstream from the Selatna River drainage, but exluding the Black River drainage, encompassing approximately 8,513 square miles; this predation control program does not apply to any National Park Service or National Wildlife Refuge lands unless approved by the federal agencies; notwithstanding any other provisions in this title, and based on the following information contained in this section, the commissioner or the commissioner's designee may conduct a wolf and a black bear and a brown bear population reduction or a wolf and a black bear and a brown bear population regulation program in Unit 19(D)-East to benefit moose:

(1) the following Wolf and Bear Control Focus Areas are established in the Unit 19(D)-East Predation Control Area; the areas do not delineate a moose, wolf, or bear population and are not intended to distinguish animals within the focus areas from populations in Unit 19(D)-East; the purpose is to focus wolf and bear control in a relatively small area where moose numbers can be better estimated, where moose are accessible to hunters, and where harvest can be closely monitored;

(A) the Wolf Control Focus Area (WCFA) encompasses approximately 5,579 square miles within that portion of Unit 19(D) upstream of the Selatna River drainage, but excluding the Black River drainage, and downstream of, but not including Fourth of July Creek, the Swift Fork, or the Slow Fork and Tonzona River drainages east of 153° 10.00' W. long.; wolf control will be conducted only within the WCFA; the department will have the discretion to adjust the WCFA's size and shape to include up to approximately 6,000 square miles of Unit 19(D)-East;

(B) the Black Bear and Brown Bear Predation Control Focus Area (BCFA) encompasses approximately 528 square miles consisting of those portions of the Kuskokwim River drainage enclosed by a line starting at a point northwest of McGrath at 63° 04.00' N. lat., 155° 50.00' W. long., then east to 63° 04.00' N. lat., 154° 50.00' W. long., then south to 62° 54.00' N. lat., 154° 50.00' W. long., then west to 62° 54.00' N. lat., 155° 25.00' W. long., then south to 62° 50.00' N. lat., 155° 25.00' W. long., then west to 62° 50.00' N. lat., 155° 30.00' W. long., then south to 62° 48.00' N. lat., 155° 30.00' W. long., then west to 62° 48.00' N. lat., 155° 35.00' W. long., then south to 62° 42.00' N. lat., 155° 35.00' W. long., then west to 62° 42.00' N. lat., 155° 55.00' W. long., then north to 62° 50.00' N. lat., 155° 55.00' W. long., then east to 62° 50.00' N. lat., 155° 50.00' W. long., then north to the point of beginning at 63° 04.00' N. lat., 155° 50.00' W. long., surrounding the village of McGrath; bear control will be conducted only within the BCFA; the department will have the discretion to adjust the BCFA's size and shape up to approximately 680 square miles of Unit 19(D)-East; the BCFA is within the WCFA;

(2) this is a continuing control program that was first authorized by the board in 1995; wolf control began in winter 2003 - 2004 and bear control began with nonlethal removal of bears in the BCFA during May 2003 and May 2004; the control program is currently designed to increase moose numbers and harvest in the WCFA and BCFA by reducing predation on moose and is expected to make a contribution to achieving the intensive management (IM) objectives in Unit 19(D)-East;

(3) moose, wolf, black bear, and brown bear objectives are as follows:

(A) moose IM objectives established by the board for Unit 19(D)-East are for a population of 6,000 - 8,000 moose and an annual harvest of 400 - 600 moose;

(B) the density objective for moose in the WCFA is 1.0 moose per square mile (corrected for sightability) in fall surveys; the annual harvest objective for the WCFA is 225 moose;

(C) the wolf control objective in the WCFA is to reduce wolf numbers by at least 60 - 80 percent; the pre-control wolf population in Unit 19(D)-East was estimated in February 2001 at 198 wolves; the 2001 pre-control estimate within the WCFA is 130 wolves; only removing wolves from the WCFA will ensure that wolves persist in Unit 19(D)-East.

(D) the black bear control objective in the BCFA is to reduce black bear numbers to the lowest level possible; the pre-control black bear population in Unit 19(D)-East was estimated at 1,700 black bears; the pre-control black bear population estimate within the BCFA was approximately 130 black bears; because the BCFA is a relatively small geographic area, removing black bears from within the BCFA will have only a minor effect on the black bear population in Unit 19(D)-East;

(E) the brown bear control objective in the BCFA is to reduce brown bear numbers to the lowest level possible; the pre-control brown bear population in Unit 19(D)-East was estimated at 128 brown bears; the pre-control brown bear population estimate within the BCFA was nine; because the BCFA is a relatively small geographic area, removing brown bears from within the BCFA will have only a minor effect on the brown bear population in Unit 19(D)-East;

(4) board findings concerning populations and human use are as follows:

(A) the Unit 19(D)-East moose harvest objective has not been achieved;

(B) the WCFA objective for moose harvest has not been achieved;

(D) a reduction of wolf and bear predation within the WCFA and BCFA can reasonably be expected to make progress towards achieving the Unit 19(D)-East intensive management objectives;

(E) reducing predation is likely to be effective and feasible using recognized and prudent active management techniques and based on scientific information;

(F) reducing predation is likely to be effective given land ownership patterns;

(5) authorized methods and means are as follows:

(A) hunting and trapping of wolves and hunting of black bears and brown bears by the public in Unit 19(D)-East during the term of this program may occur as provided in the hunting and trapping regulations set out elsewhere in this title, including use of motorized vehicles;

(6) time frame is as follows:

(A) before July 1, 2030, the commissioner may authorize removal of wolves and black bears and brown bears in Unit 19(D)-East;

(B) annually, the department shall, to the extent practicable, provide to the board a report of program activities conducted during the preceding 12 months, including implementation activities, the status of the moose, wolf, and bear populations, and recommendations for changes, if necessary to achieve the objectives of the plan;

(7) the commissioner will review, modify, or suspend program activities when:

(A) the moose density and harvest objectives specified in this subsection are achieved within the WCFA;

(B) any measure consistent with signs of nutritional stress in the moose population are identified.

(d) Unit 19(C) Predation Control Area. The Unit 19(C) Predation Control Area is established and consists of all lands within Unit 19(C) (6,711 square miles); this predation control program does not apply to any National Park Service or National Wildlife Refuge lands unless approved by the federal agencies; state and private lands are approximately 5,368 square miles, and multiple predator control areas may be utilized within the management area; however, the combined active control areas are limited to a total of 3,700 square miles, which is approximately 55 percent of the management area. The control program for this area is as follows:

(1) this is a predator control program designed to increase moose abundance and harvest by reducing predation on moose by wolves; the program is expected to contribute to the intensive management (IM) objectives in Unit 19(C);

(2) moose and wolf objectives are as follows:

(A) moose IM population objectives for Unit 19(C) as established in 5 AAC 92.108 are 4,400 - 5,000 moose;

(B) the bull-to-cow objective is 20 - 25: 100 for Unit 19(C); this objective is within the range of historic composition rates;

(D) the department has determined that wolves can be removed from public and private lands within the control area to the extent possible without affecting the sustainability of the wolf population in Unit 19(C) because the control area is approximately 55 percent of Unit 19(C) and does not include all lands that the wolf population occupies; this would result in a population of no less than 60 wolves, or 45 percent of the pre-control estimate of wolf abundance in the entire subunit;

(3) findings concerning populations and human use are as follows:

(A) the Unit 19(C) IM moose population and harvest objectives have not been achieved;

(B) wolf predation is likely a factor in the failure to achieve moose population and harvest objectives;

(C) a reduction in wolf predation in Unit 19(C) might make progress toward achieving the Unit 19(C) IM harvest objectives for moose;

(D) reducing wolf predation

(i) has a high probability of positively impacting moose abundance; and

(ii) is likely to be effective and feasible using recognized and prudent active management techniques and based on scientific information;

(E) reducing wolf numbers is likely to be effective given land ownership patterns with either public or department participation;

(4) authorized methods and means are as follows:

(A) hunting and trapping of wolves by the public in the Unit 19(C) Predation Control Area during the term of the program will occur as provided in the hunting and trapping regulations set out elsewhere in this title, including the use of motorized vehicles;

(B) notwithstanding any other provisions in this title, the commissioner may issue public aerial shooting permits or public land and shoot permits as a method for wolf removal under AS 16.05.783;

(5) time frame is as follows:

(A) before July 1, 2030, the commissioner may authorize the removal of wolves in the Unit 19(C) Predation Control Area;

(B) annually, the department shall, to the extent practicable, provide to the board a report of program activities conducted during the preceding 12 months, including implementation activities, the status of the moose and wolf populations, and recommendations for changes, if necessary to achieve the objectives of the plan;

(6) the commissioner will review, modify, or suspend program activities as follows:

(A) when the mid-point of the IM population and harvest objectives for the moose population are achieved;

(B) if, after three years, the harvest of wolves is not sufficient to make progress towards the IM population objectives for wolves;

(i) if, after three years, there is no detectable increase in the total harvest of moose in the control area;

(ii) if, after three years, any measure such as twinning rates and short-yearling mass consistent with significant levels of nutritional stress in the moose population is identified;

(iii) when the moose population and harvest objectives within Unit 19(C) have been met.

(e) Unit 19(A) Predation Control Area: the Unit 19(A) Predation Control Area is established and consists of those portions of the Kuskokwim River drainage within Unit 19(A), encompassing approximately 5,703 square miles; this predation control program does not apply within National Park Service or National Wildlife Refuge lands unless approved by the federal agencies; notwithstanding any other provision in this title, and based on the following information contained in this section, the commissioner or the commissioner's designee may conduct a wolf population reduction or a wolf population regulation program in Unit 19(A) to benefit moose; the programs objectives are as follows:

(1) the following wolf predation control focus area is established in the Unit 19(A) Predation Control Area; the area does not delineate a moose, or wolf population and is not intended to distinguish animals within the area from populations in Unit 19(A); the purpose is to focus wolf control in a relatively small area where moose numbers can be better estimated, where moose are accessible to hunters, and where harvest can be closely monitored; the Wolf Predation Control Focus Area (WPCFA) encompasses approximately 2,380 square miles within all Unit 19(A) drainages of the Kuskokwim River downstream of the Holokuk River; wolf control will be conducted only within the WPCFA; the department may adjust the area's size and shape to include up to approximately 3,000 square miles of Unit 19(A);

(2) this program is designed to increase moose numbers and harvest in the WPCFA by reducing predation on moose and is expected to make a contribution toward achieving the intensive management (IM) objectives in Unit 19(A);

(3) moose and wolf objectives are as follows:

(A) the IM population objective established by the board for Unit 19(A) is 4,300 - 5,300 moose; the IM moose harvest objective for Unit 19(A) is 175 - 225 moose annually;

(B) the density objective for moose in the WPCFA is 1.0 moose per square mile (corrected for sightability) during late winter surveys; the annual moose harvest objective for the WCFA is 100 moose;

(C) the wolf control population objective in the WPCFA is to reduce wolf numbers by at least 60 - 80 percent; the pre-control estimate within the WCFA is 35 wolves; the pre-control wolf population in Unit 19(A) is estimated at 85; only removing wolves from the WCFA will ensure that wolves persist in Unit 19(A);

(4) board findings concerning populations and human use are as follows:

(A) the Unit 19(A) IM moose population objective has been met; the Unit 19(A) IM harvest objective has not been achieved;

(B) the WPCFA objective for moose density has been met but moose harvest has not been achieved;

(D) a reduction of wolf predation within the WPCFA can reasonably be expected to make progress towards achieving the Unit 19(A) IM objectives;

(E) reducing predation is likely to be effective and feasible using recognized and prudent active management techniques and based on scientific information;

(F) reducing predation is likely to be effective given land ownership patterns;

(5) authorized methods and means are as follows:

(A) hunting and trapping of wolves by the public in Unit 19(A) during the term of this program may occur as provided in the hunting and trapping regulations set out elsewhere in this title, including use of motorized vehicles;

(B) notwithstanding any other provisions in this title, the commissioner may allow department employees to conduct aerial, land and shoot, or ground-based lethal removal of wolves using state-owned, privately-owned, or chartered equipment, including helicopters, under AS 16.05.783;

(6) time frame is as follows:

(A) before July 1, 2030, the commissioner may authorize removal of wolves in Unit 19(A);

(B) annually, the department shall, to the extent practicable, provide to the board a report of program activities conducted during the preceding 12 months, including implementation activities, the status of the moose and wolf populations, and recommendations for changes, if necessary, to achieve the objectives of the plan;

(7) the commissioner will review, modify, or suspend program activities as follows:

(A) when the moose density and harvest objectives specified in this subsection are achieved within the WPCFA;

(B) when any measure consistent with signs of nutritional stress in the moose population is identified.

(f) In this section,

(1) "IM" means intensive management;

(2) "BPCFA" means Black Bear and Brown Bear Predation Control Focus Area;

(3) "WPCFA" means Wolf Predation Control Focus Area.

History

Authority: AS 16.05.255; AS 16.05.270; AS 16.05.783
Eff. 10/1/93, Register 127; am 8/18/95, Register 135; am 7/1/96, Register 138; add'l am 7/1/96, Register 138; am 7/27/97, Register 143; am 2/22/2000, Register 153; am 7/1/2000, Register 154; am 7/19/2000, Register 155; am 1/3/2001, Register 156; am 7/1/2001, Register 158; am 8/22/2001, Register 159; am 7/26/2003, Register 167; am 7/1/2004, Register 170; am 1/1/2005, Register 172; am 7/1/2005, Register 174; am 1/26/2006, Register 177; am 6/24/2006, Register 178; am 9/1/2006, Register 179; am 7/1/2007, Register 182; am 3/21/2008, Register 186; am 5/20/2008, Register 186; am 5/21/2009, Register 190; am 7/1/2009, Register 190; am 5/16/2010, Register 194; am 7/1/2010, Register 194; add'l am 7/1/2010, Register 194; am 12/15/2010, Register 196; am 1/29/2011, Register 197; am 5/14/2011, Register 198; am 7/1/2011, Register 198; am 3/24/2012, Register 201; am 4/1/2012, Register 201; am 7/1/2012, Register 202; am 7/1/2014, Register 210; am 7/1/2020, Register 234; am 8/10/2024, Register 251

5 AAC 92.124 Intensive Management Plans VIII {#sec-5-aac-92.124 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.124}

(a) Plans established. Intensive management plans for the following areas are established in this section:

(1) Unit 21 (E) Predation Control Area;

(2) Unit 24 (B) Predation Control Area.

(b) Unit 21(E) Predation Control Area. The Unit 21(E) Predation Control Area is established in Unit 21(E), encompassing approximately 7,993 square miles; this predation control program does not apply within National Park Service or National Wildlife Refuge lands unless approved by the federal agencies; notwithstanding any other provision in this title, and based on the following information contained in this section, the commissioner or the commissioner's designee may conduct a wolf and black bear and brown bear population reduction or a wolf and black bear and brown bear population regulation program in Unit 21(E) to benefit moose:

(1) the following Wolf and Bear Control Focus Areas are established in the Unit 21(E) Predation Control Area; the areas do not delineate a moose, wolf, or bear population and are not intended to distinguish animals within the areas from populations in Unit 21(E); the purpose is to focus wolf and bear control in a relatively small area where moose numbers can be better estimated, where moose are accessible to hunters, and where harvest can be closely monitored;

(A) the Wolf Control Focus Area (WCFA) encompasses approximately 4,126 square miles within Unit 21(E) within the area south of 63° 06.00' N. lat., north of 61° 54.00' N. lat., and easterly of a line starting at 62° 08.00' N. lat., 160° 35.00' W. long., then north to 62° 44.00' N. lat., 160° 35.00' W. long., then east to 62° 44.00' N. lat., 160° 10.00' W. long., then north to 62° 56.00' N. lat., 160° 10.00' W. long., then east to 62° 56.00' N. lat., 160° 05.00' W. long., then north to 63° 00.00' N. lat., 160° 05.00' W. long., then east to 63° 00.00' N. lat., 160° 00.00' W. long., then north to 63° 02.00' N. lat., 160° 00.00' W. long., then east to 62° 02.00' N. lat., 159° 55.00' W. long., then north to 63° 06.00' N. lat., 159° 55.00' W. long.; wolf control will be conducted only within the WCFA; the department has the discretion to adjust the area's size and shape to include up to approximately 4,500 square miles of Unit 21(E);

(B) the Black Bear and Brown Bear Control Focus Area (BCFA) encompasses approximately 556 square miles consisting of those portions of the Yukon River drainage within the area starting at 62° 08.00' N. lat., 159° 25.00' W. long., then west to 62° 08.00' N. lat., 159° 45.00' W. long., then north to 62° 14.00' N. lat., 159° 45.00' W. long., then west to 62° 14.00' N. lat., 160° 00.00' W. long., then north to 62° 22.00' N. lat., 160° 00.00' W. long., then west to 62° 22.00' N. lat., 160° 05.00' W. long., then north to 62° 28.00' N. lat., 160° 05.00' W. long., then west to 62° 28.00' N. lat., 160° 10.00' W. long., then north to 62° 36.00' N. lat., 160° 10.00' W. long., then east to 62° 36.00' N. lat., 159° 30.00' W. long., then south to 62° 16.00' N. lat., 159° 30.00' W. long., then east to 62° 16.00' N. lat., 159° 25.00' W. long., then south to 62° 08.00' N. lat., 159° 25.00' W. long.; bear control will be conducted only within the BCFA; the department has the discretion to adjust the area's size and shape up to approximately 800 square miles of Unit 21(E); the BCFA is entirely within the WCFA;

(2) this is a continuing control program that was first authorized by the board in 2010 for wolf control; it is currently designed to increase moose numbers and harvest in the WCFA and BCFA by reducing predation on moose and is expected to make a contribution to achieving the intensive management (IM) objectives in Unit 21(E);

(3) moose, wolf, black bear, and brown bear objectives are as follows:

(A) the moose IM population objective established by the board for Unit 21(E) is 9,000 - 11,000 moose; the IM harvest objective for Unit 21(E) is 550 - 1,100 moose annually;

(B) the density objective for moose in the WCFA is 1.0 per square mile (corrected for sightability) during late winter surveys; the annual moose harvest objective for the WCFA is 165;

(C) the wolf control objective in the WCFA is to reduce wolf numbers by at least 60 - 80 percent; the pre-control estimate within the WCFA is 80 wolves; the pre-control wolf population in Unit 21(E) is estimated at 150; a minimum of 30 wolves post-control in Unit 21(E) will ensure that wolves persist in Unit 21(E);

(D) the black bear control objective in the BCFA is to reduce black bear numbers to the lowest level possible; the pre-control black bear population in Unit 21(E) is estimated at 1,900 - 2,275; the pre-control estimate within the BCFA is 130-160; because the BCFA is a relatively small geographic area, removing black bears from within it will have only a minor effect on the black bear population in Unit 21(E);

(E) the brown bear control objective in the BCFA is to reduce brown bear numbers to the lowest level possible; the pre-control brown bear population in Unit 21(E) is estimated at 100 - 200; the pre-control estimate within the BCFA is 10 - 15; because the BCFA is a relatively small geographic area, removing brown bears from within it will have only a minor effect on the brown bear population in Unit 21(E);

(4) board findings concerning populations and human use are as follows:

(A) a proactive approach is needed to allow for a timely response to a decline in the Unit 21(E) moose population if IM population and harvest objectives have not been met;

(B) predation by wolves and bears is an important cause of failure to achieve population or harvest objectives;

(C) a reduction of wolf and bear predation within the WCFA and BCFA can reasonably be expected to make progress towards achieving the Unit 21(E) IM objectives;

(D) reducing predation is likely to be effective and feasible using recognized and prudent active management techniques and based on scientific information;

(E) reducing predation is likely to be effective given land ownership patterns;

(5) if the moose density in Unit 21(E) declines to fewer than 1.0 moose per square mile (corrected for sightability) then authorized methods and means are as follows:

(A) hunting and trapping of wolves and hunting of black bears and brown bears by the public in Unit 21(E) during the term of this program may occur as provided in the hunting and trapping regulations set out elsewhere in this title, including use of motorized vehicles;

(C) notwithstanding any other provisions in this title, the commissioner may issue public aerial shooting permits and public land and shoot permits using fixed-wing aircraft as a method of wolf removal under AS 16.05.783;

(6) time frame is as follows:

(A) before July 1, 2030, the commissioner may authorize removal of wolves and black bears and brown bears in Unit 21(E);

(B) annually, upon implementation of predation control, the department shall, to the extent practicable, provide to the board a report of program activities conducted during the preceding 12 months, including implementation activities, the status of the moose, wolf and bear populations, and recommendations for changes, if necessary to achieve the objectives of the plan;

(7) the commissioner will review, modify or suspend program activities as follows:

(A) when wolf surveys or accumulated information from department personnel, hunters, trappers, and permittees indicate the need to avoid reducing wolf numbers in Unit 21(E) below 30 wolves;

(B) when the moose density and harvest objectives within the WCFA specified in this subsection are achieved.

(c) Unit 24(B) Predation Control Area: the Unit 24(B) Predation Control Area is established and consists of those portions of the Koyukuk River drainage within Unit 24(B), encompassing approximately 13,523 square miles; this predation control program does not apply to any National Park Service or National Wildlife Refuge lands unless approved by the federal agencies; notwithstanding any other provisions in this title, and based on the following information contained in this subsection, the commissioner or the commissioner's designee may conduct a wolf population reduction or wolf population regulation program in Unit 24(B):

(1) an Upper Koyukuk Management Area (UKMA) is established within the Unit 24(B) Predation Control Area encompassing approximately 1,360 square miles surrounding the villages of Alatna and Allakaket and bounded to the north at 66° 52' N. lat., to the east at 152° 10' W. long., to the south at 66° 10' N. lat., and to the west at 153° 45' W. long.; the UKMA does not delineate a moose or wolf population and is not intended to distinguish animals within the UKMA from populations in Unit 24(B); the purpose of the UKMA is to focus wolf control in an area where moose are accessible to hunters, rather than spread this effort over the entire game management unit; wolf control will be conducted only within the UKMA; through the department's permitting authorities, the department has the discretion to adjust the area's size and shape to include up to 20 percent (approximately 2,700 square miles) of Unit 24(B) if necessary;

(2) this is an experimental program that will have limited impact on the moose and wolf populations in Unit 24(B); it is designed primarily to reallocate moose from wolves to humans in the UKMA and is expected to make only a small contribution to the intensive management moose harvest objective in Unit 24(B); at the end of the authorized period for removal of wolves, the control program will be terminated;

(3) moose and wolf objectives are as follows:

(A) the moose intensive management objectives established by the board for Unit 24(B) are for a population of 4,000 - 4,500 moose and an annual harvest of 150 - 250 moose;

(B) the moose harvest objective for the UKMA is for an annual harvest of 35 - 40 moose by fall 2017;

(C) the wolf population control objective for Unit 24(B) is 100 - 140 wolves; the pre-control wolf population in Unit 24(B) was estimated in fall 2008 at 202 - 284 wolves; a minimum population of 100 wolves is approximately a 50 percent reduction from the pre-control population and will assure that wolves persist as part of the natural ecosystem in Unit 24(B) and assure continued wolf hunting, trapping, and viewing opportunities;

(D) the wolf control objective in the UKMA is to reduce wolf numbers to the lowest level possible; in fall 2010, the estimated maximum number of wolves in the UKMA was 25 - 60 wolves;

(4) the board's findings concerning populations and human use are as follows:

(A) the Unit 24(B) moose population and harvest objectives have not been achieved based on the following:

(i) in early winter 2010 the observable moose population size in Unit 24(B) was estimated at 1,800 - 3,400 moose (0.13 - 0.25 moose per square mile), based on extrapolation of population estimates from survey areas in the unit, including all or parts of the UKMA, Kanuti National Wildlife Refuge, and Gates of the Arctic National Park and Preserve; during regulatory years 2008 - 2009 through 2010 - 2011, estimated annual harvest in Unit 24(B) was 82 - 109 moose;

(ii) in early winter 2010, the number of observable moose within the UKMA was estimated at 405 (90 percent confidence interval: plus or minus 96); estimates of annual harvest from the UKMA are not available; however, the division of subsistence household surveys from the villages of Alatna and Allakaket within the UKMA indicated moose harvest during 1997 - 2002 averaged approximately 40 moose per year; the division of wildlife conservation estimated current reported and unreported harvest in Alatna and Allakaket is 15 - 20 moose annually; based on resident testimonials, cost to obtain a moose has increased due to declining moose densities and increasing fuel costs;

(B) predation by bears and wolves is an important cause of the failure to achieve moose population and harvest objectives based on the following:

(i) moose surveys in Unit 24(B) during spring 2008 - 2011 indicated high twinning rates (average 57 percent), thus good body condition; fall composition surveys in Unit 24(B) indicated high productivity, with calf-to-cow ratios averaging 44 calves per 100 cows, but cohort survival was low with yearling bulls averaging 11 per 100 cows; these survey data and a predicted calving rate of 80 percent indicate more calves are lost during summer due primarily to bear predation than winter due primarily to wolf predation;

(ii) studies from Interior Alaska have documented bears as the primary source of neonatal moose mortality, whereas wolves are the primary predator of moose greater than 12 months of age; based on radiocollared adults in Units 24(A) and 24(B) in 2008 - 2009, annual adult mortality is approximately 8 - 10 percent;

(C) a reduction of wolf predation within the UKMA can reasonably be expected to make progress towards achieving the Unit 24(B) intensive management objectives; modeling of the current moose abundance in the UKMA using estimated abundance of 45 - 55 wolves, 75 black bears, 25 brown bears, 405 (plus or minus 96) moose, and a harvest of 20 moose annually, indicated that moose abundance should slowly increase in response to wolf control that increases calf and yearling moose survival; wolf control alone likely will result in a positive response in moose abundance after five winters of control, including reallocation of some surviving moose to harvest;

(D) reducing predation is likely to be effective and feasible utilizing recognized and prudent active management techniques and based on scientific information; based on survey results indicating wolf predation is an important source of mortality, reducing wolves in a small geographic area will likely result in increased moose survival and additional animals available for hunter harvest; harvest data will be collected using harvest ticket or registration permit reports, household surveys, and other reporting mechanisms such as calendars for recording hunting activities; moose population data collection will include abundance, calf-to-cow ratio, and yearling bull-to-cow ratio from population estimation surveys and calf survival and yearling survival from radiocollared moose;

(E) reducing predation is likely to be effective given land ownership patterns; the UKMA was selected based on land ownership status (minimizing federal lands), proximity to traditional moose hunting areas for the villages of Allakaket and Alatna (maximizing inclusion of navigable river corridors), and habitat suitability; within the UKMA, 125 square miles (9.2 percent) is federal land (BLM/USFWS), 576 square miles (42.3 percent) is Alaska Native corporation land, 659 square miles (48.4 percent) is state lands;

(5) the permissible authorized methods and means used to take wolves are as follows:

(A) hunting and trapping of wolves by the public in Unit 24(B) during the term of this program may occur as provided in the hunting and trapping regulations set out elsewhere in this title, including use of motorized vehicles as provided in 5 AAC 92.080;

(B) notwithstanding any other provisions in this title, the commissioner may allow department employees to conduct aerial, land and shoot, or ground-based lethal removal of wolves using state-owned, privately-owned, or chartered equipment, including helicopters, under AS 16.05.783;

(6) the anticipated time frame and schedule for update and reevalutation are as follows:

(A) through June 30, 2018, the commissioner may authorize removal of wolves in Unit 24(B);

(B) annually, the department shall, to the extent practicable, provide to the board a report of program activities conducted during the preceding 12 months, including implementation activities, the status of the moose and wolf populations, and recommendations for changes, if necessary to achieve the objectives of the plan;

(7) the commissioner will review, modify, or suspend program activities when the wolf surveys or accumulated information from department personnel, hunters, trappers, and permittees indicate the need to avoid reducing wolf numbers in Unit 24(B) below the control objective of 100 wolves specified in this subsection.

History

Authority: AS 16.05.255; AS 16.05.270; AS 16.05.783
Eff. 10/1/93, Register 127; am 8/18/95, Register 135; am 7/1/96, Register 138; add'l am 7/1/96, Register 138; am 7/27/97, Register 143; am 2/22/2000, Register 153; am 7/1/2000, Register 154; am 7/19/2000, Register 155; am 1/3/2001, Register 156; am 7/1/2001, Register 158; am 8/22/2001, Register 159; am 7/26/2003, Register 167; am 7/1/2004, Register 170; am 1/1/2005, Register 172; am 7/1/2005, Register 174; am 1/26/2006, Register 177; am 6/24/2006, Register 178; am 9/1/2006, Register 179; am 7/1/2007, Register 182; am 3/21/2008, Register 186; am 5/20/2008, Register 186; am 5/21/2009, Register 190; am 7/1/2009, Register 190; am 5/16/2010, Register 194; am 7/1/2010, Register 194; add'l am 7/1/2010, Register 194; am 12/15/2010, Register 196; am 1/29/2011, Register 197; am 5/14/2011, Register 198; am 7/1/2011, Register 198; am 3/24/2012, Register 201; am 4/1/2012, Register 201; am 7/1/2012, Register 202; am 7/1/2017, Register 222; am 7/28/2023, Register 247; am 8/10/2024, Register 251

5 AAC 92.125 Intensive Management Plans {#sec-5-aac-92.125 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.125}

Deleted.

History

Eff. 10/1/93, Register 127; am 8/18/95, Register 135; am 7/1/96, Register 138; add'l am 7/1/96, Register 138; am 7/27/97, Register 143; am 2/22/2000, Register 153; am 7/1/2000, Register 154; am 7/19/2000, Register 155; am 1/3/2001, Register 156; am 7/1/2001, Register 158; am 8/22/2001, Register 159; am 7/26/2003, Register 167; am 7/1/2004, Register 170; am 1/1/2005, Register 172; am 7/1/2005, Register 174; am 1/26/2006, Register 177; am 6/24/2006, Register 178; am 9/1/2006, Register 179; am 7/1/2007, Register 182; am 3/21/2008, Register 186; am 5/20/2008, Register 186; am 5/21/2009, Register 190; am 7/1/2009, Register 190; am 5/16/2010, Register 194; am 7/1/2010, Register 194; add'l am 7/1/2010, Register 194; am 12/15/2010, Register 196; am 1/29/2011, Register 197; am 5/14/2011, Register 198; am 7/1/2011, Register 198; am 3/24/2012, Register 201; am 4/1/2012, Register 201; am 7/1/2012, Register 202; deleted as of Register 203, October 2012

5 AAC 92.126 Non-Intensive Management Predator Control Plans {#sec-5-aac-92.126 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.126}

(a) Non-intensive management plans are established under this section in areas described in this section.

(b) Unit 26(B) Musk Oxen Recovery Area: Notwithstanding any other provisions in this title, and based on the following information contained in this subsection, the commissioner or the commissioner's designee may conduct selective, lethal, brown bear removal to allow recovery of the musk oxen population in Unit 26(B):

(1) the Unit 26(B) Musk Oxen Recovery Area is established and consists of all lands within Unit 26(B); this recovery program does not apply to any National Park Service or National Wildlife Refuge lands unless approved by the federal agencies;

(2) musk oxen and brown bear objectives are as follows:

(A) Unit 26(B) musk oxen are not managed intensively for high levels of human harvest, but are managed to provide hunting opportunities; the population objective is a minimum of 300 musk oxen that are one year old or older during April surveys; achieving this objective will allow re-establishment of a hunting season and also enhance and maintain viewing opportunity; the harvest objective is 3 - 9 musk oxen annually, once the population reaches 300 musk oxen and a harvestable surplus is available;

(B) the brown bear population objective for Unit 26(B) is to maintain the current estimated population of 200 - 320 bears, while annually removing up to 20 brown bears identified as threatening or killing musk oxen; limiting the number of bears that can be removed will assure that brown bears persist as part of the natural ecosystem and will assure continued brown bear hunting and viewing opportunities;

(3) findings of the Board of Game (board) concerning populations and human use are as follows:

(A) the Unit 26(B) musk oxen population and harvest objectives have not been achieved, based on the following:

(i) the musk oxen population size was estimated at 190 musk oxen in April 2011; musk oxen numbers in Unit 26(B) increased during 1990 - 1995 from 122 to 330 musk oxen; some of this increase in population was the result of immigration from Unit 26(C); during the mid-to-late 1990s, numbers stabilized at around 265 - 300 musk oxen through 2003; subsequently, the population declined to 216 musk oxen by 2006, and during 2007 - 2011, the population in Unit 26(B) slightly declined and stabilized at its current, reduced population size;

(ii) the hunting season for musk oxen in Unit 26(B) has been closed since regulatory year 2006 - 2007; the first hunting season in Unit 26(B) was in 1990; during 1990 - 1997, all hunting was by Tier II permit; in regulatory year 1998 - 1999, the board determined that the amount necessary for subsistence was 20 musk oxen in Unit 26(A) and Unit 26(B), west of the Dalton Highway Management Corridor and established a Tier II hunt; the board also determined that the amount necessary for subsistence was four musk oxen in Unit 26(B), east of the Dalton Highway Management Corridor and established a Tier I registration hunt for residents only; a drawing permit hunt was also established for residents only; three permits were issued annually for bull musk oxen in Unit 26(B), east of the Dalton Highway, and the harvest of up to five musk oxen were authorized by the board; beginning in regulatory year 2005 - 2006, permits were not issued for the drawing and Tier I registration hunts, east of the Dalton Highway in Unit 26(B); this was in response to the sharp decline in musk oxen numbers following 2003; however, the Tier II subsistence hunt west of the Dalton Highway remained open until regulatory year 2006 - 2007, when no permits to hunt musk oxen were issued for any of the hunts;

(B) predation by brown bears was identified as a primary source of mortality on musk oxen and is an important cause of the failure to achieve the population and harvest objectives, based on the following:

(i) during 2007 - 2011, brown bear predation was identified as the primary source of mortality; 62 percent of the documented total adult musk oxen mortality (n=73) was attributed to brown bear predation, which accounted for an average of nine adult musk oxen deaths annually; during the same time period, 58 percent of documented calf mortality (n=45) was caused by brown bear predation; this resulted in an annual average of five calves known to be preyed on by brown bears; over the five years, a total of 74 calves were classified as "missing"; their fates were unknown and not included in the above calculations;

(ii) during 2007 - 2011, the habitat appeared capable of supporting a larger musk oxen population; captured musk oxen were generally in good condition, and birth rates were sufficient to provide for population growth, but growth was not realized because of poor survival; concentrations of some trace nutrients in musk oxen body tissues were believed to be suboptimal for survival; an imbalance of trace minerals, particularly low copper and selenium with elevated concentrations of zinc and iron, can negatively affect immune systems and make musk oxen more susceptible to diseases and potentially more vulnerable to predation; thus, it is possible that habitat limitations may have been obscured by high mortality due to predation; controlling predation will help answer this question;

(i) during 2004 - 2011, the population remained relatively stable at around 200 musk oxen; evidence indicates that the number of yearlings being recruited annually approximately equaled the number of adult musk oxen dying annually; if survival rates of either adult musk oxen or calves increase, then the musk oxen population would be expected to increase; reducing predation on adults and calves should change survival rates of one or both; during 1987 - 1995, the annual rate of increase for the entire population was seven percent; this time period should be representative of what population growth rate Unit 26(B) musk oxen could experience if bear predation is reduced and habitat is not limiting; therefore, in a best case scenario, it would take approximately seven years for the musk oxen population to reach 300 musk oxen;

(ii) when the musk oxen population increases to 300 musk oxen one year old or older during April surveys, a hunt will be established if a harvestable surplus is available;

(D) reducing predation is likely to be effective and feasible using recognized and prudent active management techniques and based on scientific information; selectively removing brown bears to reduce predation is an experimental approach, based on the hypothesis that relatively few individual bears commonly kill musk oxen; brown bear radiotracking data collected during 1991 - 2007 indicated that several radiocollared adult males were responsible for multiple musk oxen predation events in early spring in a given year or over several years; this suggests that targeting individual bears should be effective, especially for reducing the incidence of multiple kills in spring; most of the predation was caused by male bears before the time when females emerge from dens;

(E) reducing predation is likely to be effective given land ownership patterns, based on the following:

(i) most of Unit 26(B) is state land; the land ownership pattern is 69 percent state land, 29 percent federal land, and 2 percent private land; of the 29 percent federal lands, 12 percent is Bureau of Land Management, and these lands are available for bear control; total land available for bear control is 72 - 74 percent of the unit;

(ii) only two of the 8 - 15 total musk oxen groups in Unit 26(B) occasionally occur on federal lands within the Arctic National Wildlife Refuge;

(F) reducing predation is in the best interests of subsistence users because no harvest is currently taking place; an increase in the population that results in sustainable harvest will benefit all residents;

(4) permissible methods and means are as follows:

(A) hunting of brown bears by the public in Unit 26(B) during the term of the program may occur as provided in the hunting regulations set out elsewhere in this title; however, hunting will be restricted as necessary to maintain the current estimated population of 200 - 320 bears;

(B) notwithstanding any other provisions in this title, the commissioner may allow agents of the state accompanied by department employees, or department employees, to conduct aerial, land and shoot, or ground-based lethal removal of any sex and age of brown bear using state-owned, privately-owned, or chartered equipment, including helicopters, under AS 16.05.783;

(5) the anticipated time frame for update and reevaluation are as follows:

(A) through June 30, 2018, the commissioner may authorize removal of bears in the Unit 26(B) Musk Oxen Recovery Area;

(B) annually the department shall, to the extent practicable, provide to the board a report of program activities conducted during the preceding 12 months, including implementation activities, the status of the musk oxen and brown bear populations, and recommendations for changes, if necessary to achieve the objectives of the plan;

(C) the program will be reviewed and modified or suspended if there is no evidence of improved survival or a detectable increase in the Unit 26(B) musk oxen population after three years of bear removal.

History

Authority: AS 16.05.255; AS 16.05.270; AS 16.05.783
Eff. 4/8/2012, Register 202

5 AAC 92.127 Intensive Management Plans IX {#sec-5-aac-92.127 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.127}

(a) Plans established. Intensive management plans for the following areas are established in this section:

(1) Unit 1(A) Predation Control Area;

(2) Unit 3 Predation Control Area.

(b) Unit 1(A) Predation Control Area:

(1) The Unit 1(A) Predation Control Area consists of Gravina Island (Wildlife Analysis Area - 101); it consists primarily of United States Department of Agriculture Forest Service and State lands and encompasses approximately 248 square kilometers (96 square miles) or approximately 2 percent of the total land area in Unit 1(A); Gravina Island though near Ketchikan is semi-isolated by the Tongass Narrows on the north side, Clarence Strait on the west and south sides, and Nichols Passage along the east side; notwithstanding any other provisions in this title, and based on the following information contained in this section, the commissioner or the commissioner's designee may conduct a wolf population reduction or wolf population regulation program in Unit 1(A);

(2) this is an experimental treatment program to evaluate whether (a) wolf control in a small portion of Unit 1(A) can reallocate a measurable proportion of deer mortality from wolves to humans, (b) whether population estimation techniques for both predators and prey can be refined enough to measure the effectiveness of the intensive management actions, and (c) whether 1 - 2 hired wolf trappers, operating during the established wolf trapping season and using standard trapping techniques, can reduce wolf numbers sufficiently to bring about an increase in the area's deer population; this is an experimental program that will have limited impact on the deer and wolf populations in Unit 1(A), and is expected to make only a small contribution to the intensive management deer harvest objective in Unit 1(A); at the end of the authorized period for removal of wolves, the control program will be terminated;

(3) deer and wolf objectives are as follows:

(A) the deer intensive management objectives established by the board for Unit 1(A) are for a population of 15,000 and an annual harvest of 700 deer;

(B) the deer harvest objective for the Unit 1(A) Predation Control Area is 60;

(C) there are currently no precise estimates for the wolf population in Unit 1(A); population estimates for Unit 1(A) wolves are based on inferences derived from extensive wolf research, including radiotelemetry, conducted on neighboring Prince of Wales Island in Unit 2 during the late 1990s; based on estimates of average wolfpack and home range sizes in Unit 2, and similar wolf research work on Revilla Island located in Unit 1(A) during the early 1980s, we believe the pre-treatment wolf population in Unit 1(A) is approximately 250 (range 125 - 385); the wolf population estimate for the Unit 1(A) Predation Control Area is approximately 12 wolves; a minimum population of 152 wolves in the remainder of Unit 1(A) will assure that wolves persist on a unitwide basis as part of the natural ecosystem in Unit 1(A) and assure continued wolf hunting, trapping, and viewing opportunities;

(D) the wolf control objective for the Unit 1(A) Predation Control Area is to reduce the wolf population by 100 percent; the estimated number of wolves in the predation control area is approximately 8 - 12, during the entire intensive management project attempt to keep Gravina Island free of wolves;

(4) board findings concerning populations and human use are as follows:

(A) the Unit 1(A) deer population and harvest objectives have not been achieved;

(i) precise estimates of the deer population in Unit 1(A) are not available; estimated annual harvest in all of Unit 1(A) is 200 - 300 deer;

(ii) precise estimates of the deer population in the Unit 1(A) Predation Control Area are not available; before 2011, the division of wildlife conservation estimated the Unit 1(A) deer harvest based on a regional questionnaire mailed randomly to 33 percent of deer harvest ticket holders; during 1990 - 2000 the estimated average hunter harvest within the proposed predation control area was 100 deer annually; during 2001 - 2010, the estimated average hunter harvest declined to 20 deer annually; based on resident testimonials, cost to obtain a deer has increased due to declining deer densities and increased fuel costs;

(B) predation by bears and wolves is a potentially important cause of the failure to achieve deer population and harvest objectives; studies from Prince of Wales Island and Heceta Island, both located in Unit 2, have documented black bears as the primary source of neonatal fawn mortality, whereas wolves are the primary predator of yearling and adult deer; based on radio-collared adult female deer in Unit 2 (2003 - 2011), total annual adult female and yearling female deer mortality was 16 percent, of which 3 percent was from black bear predation, 6 percent from wolf predation, and 7 percent other; total annual neonate fawn mortality during the same period was 65 percent, of which 50 percent was by black bear predation, 5 percent wolf predation, and 10 percent other; total annual adult male and yearling male mortality was 38 percent, of which none were killed by bears, 5 percent by wolf predation, and 33 percent other;

(C) a reduction of wolf predation within the Unit 1(A) Predation Control Area can reasonably be expected to make progress towards achieving the Unit 1(A) intensive management objectives; wolf control alone likely will result in a positive response in deer abundance after five winters of control, including reallocation of some surviving deer to harvest;

(D) reducing predation is likely to be effective and feasible utilizing recognized and prudent active management techniques and based on scientific information; reducing wolves in a small geographic area will likely result in increased deer survival and additional animals available for hunter harvest; harvest data will be collected using harvest ticket hunt reports;

(5) authorized methods and means are as follows:

(A) predator control activities will be conducted using department employed or contracted wolf trappers, operating during the established wolf trapping season and using legal trapping techniques;

(B) hunting and trapping of wolves by the public in Unit 1(A) during the term of this program may occur as provided in the hunting and trapping regulations set out elsewhere in this title, including use of motorized vehicles as provided in 5 AAC 92.080;

(6) time frame is as follows:

(A) through June 30, 2019, the commissioner may authorize removal of wolves in the Unit 1(A) Predation Control Area;

(B) annually, the department shall, to the extent practicable, provide to the board a report of program activities conducted during the preceding 12 months, including implementation activities, the status of the deer and wolf populations, and recommendations for changes, if necessary to achieve the objectives of the plan;

(7) the program may be reviewed and possibly suspended if one of the following conditions are met:

(A) if deer abundance is reliably determined to have doubled in the predation control area, control will be suspended;

(B) if deer abundance has not increased significantly relative to the program objective (A) of this paragraph after 5 years the commissioner will reevaluate the program and recommend changes to the board or suspend it;

(C) if indices of wolf abundance indicate that wolf control has been effective (most wolves have consistently been removed from the treatment area each year), but indices of deer abundance have not measurably changed in the treatment area, the program will be reevaluated to determine if there are ways to make it more effective.

(c) Unit 3 Predation Control Area: the Unit 3 Predation Control Area consists of Mitkof Island, Woewodski Island, and the Lindenberg Peninsula on eastern Kupreanof Island in Unit 3; encompassing approximately 648 square miles; notwithstanding any other provisions in this title, and based on the following information contained in this section, the commissioner or the commissioner's designee may conduct a wolf population reduction or wolf population regulation program in Unit 3:

(1) the Unit 3 Predation Control Area consists of Mitkof Island, Woewodski Island, and the Lindenberg Peninsula on eastern Kupreanof Island, including Wildlife Analysis Areas #2007, #2008, #5135, #5136, #5137, and #5138); the wolf reduction area consists primarily of USDA Forest Service federal lands, and encompasses approximately 648 square miles surrounding the community of Petersburg, or approximately 22 percent of the total land area in Unit 3; the Unit 3 Predation Control Area does not delineate a deer or wolf population and is not intended to distinguish animals from within the Predation Control Area from populations in Unit 3; the purpose of the Unit 3 Predation Control Area is to focus wolf control in an area where deer are accessible to hunters; wolf control will be conducted only within the 648 square mile Unit 3 Predation Control Area;

(2) this is an experimental predator control program to evaluate whether (a) wolf control in a small portion of Unit 3 can reallocate a measurable proportion of deer mortality from wolves to humans, (b) whether population estimation techniques for both predators and prey can be refined to measure the effectiveness of the intensive management actions, and (c) whether 1 - 2 hired wolf trappers, operating during the established wolf trapping season and using standard trapping techniques, can reduce wolf numbers sufficiently to bring about an increase in the area's deer population; the predator control program will have limited impact on the deer and wolf populations in Unit 3, and is expected to make only a small contribution to the intensive management deer harvest objective in Unit 3; at the end of the authorized period for removal of wolves, the control program will be terminated;

(3) deer and wolf objectives are as follows:

(A) the deer intensive management objectives established by the Board of Game for Unit 3 are for a population of 15,000 and an annual harvest of 900;

(B) the deer harvest objective for the in Unit 3 Predator Control Area is 250 annually;

(C) there are no precise estimates for the wolf population in Unit 3; population estimates for Unit 3 wolves are based on inferences derived from extensive wolf research conducted on neighboring Prince of Wales Island in Unit 2 during the late 1990s; based on estimates of average wolf pack and home range sizes in Unit 2, we believe the pre-control wolf population in Unit 3 is approximately 250 with a range 125 - 385; the wolf population control objective for Unit 3 is approximately 200 wolves; a minimum population of 200 wolves is approximately a 20 percent reduction from the pre-control population and will assure that wolves persist as part of the natural ecosystem in Unit 3 and assure continued wolf hunting, trapping and viewing opportunities;

(D) the wolf control objective for the Unit 3 Predator Control Area is to reduce the wolf population by 80 percent; the estimated number of wolves in the control area is approximately 60;

(4) Board of Game findings concerning populations and human use are as follows:

(A) the Unit 3 deer population and harvest objectives have not been achieved;

(i) precise estimates of the deer population in Unit 3 are not available; prior to 2011 the division of wildlife conservation estimated the Unit 3 deer harvest based on a regional questionnaire mailed randomly to 33 percent of deer harvest ticket holders; during 1997 - 2006, the estimated hunter harvest in Unit 3 was 840 deer annually; during 2007 - 2010, the estimated hunter harvest in Unit 3 declined to 542 deer annually;

(ii) precise estimates of the deer population in the Unit 3 Predation Control Area are not available; during 1999 - 2006, the estimated hunter harvest was 216 deer annually; during 2008 - 2010, the estimated hunter harvest declined to 86 deer annually; based on resident testimonials, cost to obtain a deer has increased due to declining deer densities and increasing fuel costs;

(B) predation by bears and wolves is a potentially important cause of the failure to achieve deer population and harvest objectives;

(i) we have no quantitative information on deer body condition in Unit 3; hunters report that deer are in excellent condition with large reserves of body fat during the hunting season in October; there is no evidence indicating that deer are nutritionally stressed in Unit 3;

(ii) studies from Prince of Wales Island in Unit 2 have documented black bears as the primary source of neonatal fawn mortality, whereas wolves are the primary predator of yearling and adult deer; no estimates are available for neonatal fawn or annual adult deer mortality rates in Unit 3;

(C) reduction of wolf predation within the Unit 3 Predator Control Area can reasonably be expected to make progress towards achieving the Unit 3 intensive management objectives; deer abundance should slowly increase in response to wolf control that increases yearling and adult deer survival; wolf control alone likely will result in a positive response in deer abundance after five winters of control, including reallocation of some surviving deer to harvest;

(D) reducing predation is likely to be effective and feasible utilizing recognized and prudent active management techniques and based on scientific information; if wolf predation is an important source of mortality, reducing wolves in a small geographic area will likely result in increased deer survival and additional animals available for hunter harvest; harvest data will be collected using harvest ticket hunt reports; deer population data collection will include fecal pellet-group surveys, motion detecting camera trap surveys and aerial surveys of deer in alpine areas to measure changes in deer abundance;

(E) reducing predation is likely to be effective given land ownership patterns, ease of access for conducting predator control, proximity to traditional deer hunting areas for the community of Petersburg, and habitat suitability;

(5) authorized methods and means are as follows:

(A) predator control activities will be conducted using department employed or contracted wolf trappers, operating during the established wolf trapping season and using legal trapping techniques;

(B) hunting and trapping of wolves by the public in Unit 3 during the term of this program may occur as provided in the hunting and trapping regulations set out elsewhere in this title, including use of motorized vehicles as provided in 5 AAC 92.080;

(6) time frame is as follows:

(A) through June 30, 2019, the commissioner may authorize removal of wolves in the Unit 3 Predator Control Area;

(B) annually, the department shall, to the extent practicable, provide to the board a report of program activities conducted during the preceding 12 months, including implementation activities, the status of the deer and wolf populations, and recommendations for changes, if necessary to achieve the objectives of the plan;

(7) the program may be reviewed and possibly suspended if one of the following conditions are met:

(A) if deer abundance is reliably determined to have tripled in the predator control area, control will be suspended;

(B) if deer abundance has not increased significantly relative to the program objective in (A) of this paragraph after 5 years the commissioner will reevaluate the program and recommend changes to the board or suspend it;

(C) if indices of wolf abundance indicate that wolf control has been effective (most wolves have consistently been removed from the predator control area each year), but indices of deer abundance have not measurably changed in the predator control area, the program will be reevaluated;

(D) if the wolf population estimate for the control area reliably falls below the minimum management objective of 10 wolves, predator control activities will be suspended.

History

Authority: AS 16.05.255; AS 16.05.270; AS 16.05.783
Eff. 7/1/2013, Register 206

Article 6 Possession and Transportation

5 AAC 92.130 Restrictions to bag limit {#sec-5-aac-92.130 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.130}

(a) Unless otherwise provided in 5 AAC 84 - 5 AAC 92, no person may take a species of game in any unit or portion of a unit if that person's total statewide take of that species already equals or exceeds the bag limit for that species in that unit or portion of a unit, except as provided in (d) of this section.

(b) The bag limit specified for a subsistence season for a species and the bag limit set for a general season for the same species are not separate and distinct. This means that a person who has taken the bag limit for a particular species under a subsistence season may not after that take any additional animals of that species under the bag limit specified for a general season.

(d) The bag limit specified for a trapping season for a species and the bag limit set for a hunting season for the same species are separate and distinct. This means that a person who has taken a bag limit for a particular species under a trapping season may take additional animals under the bag limit specified for a hunting season, or vice versa.

(e) A hunter who is under 10 years of age may take big game only under the direct, immediate supervision of a licensed hunter who is at least 18 years of age. The supervising hunter is responsible for ensuring that all legal requirements are met. The big game animal taken will count against the supervising hunter's bag limit. This section does not relieve an individual from complying with big game tag requirements, but does require a supervising hunter to validate the hunter's harvest ticket, or permit, in accordance with 5 AAC 92.010, immediately following the taking of big game under this section.

(f) In Units 1 - 5 and Unit 8, a black or brown bear wounded by a person counts against that person's bag limit for the regulatory year in which the bear is taken. However, in Units 1 - 5 and Unit 8, a brown bear wounded by a person does not count against that person's one bear every four regulatory years bag limit established in 5 AAC 92.132.

(g) In Unit 8, an elk wounded by a person counts against that person's bag limit for the regulatory year in which the elk is taken.

(h) In this section, "wounded" means there is sign of blood or other sign that the animal has been hit by a hunting projectile.

(i) A big game animal, except deer in an area where the bag limit is one, taken under a youth hunt, will count as the bag limit of both the child and the supervising hunter who accompanies the child; only the child may shoot the big game animal, except that the accompanying adult may shoot the animal only to prevent the animal from escaping after having been wounded by the child. The supervising hunter is responsible for ensuring that all legal requirements are met.

(j) Repealed 7/1/2017.

History

Authority: AS 16.05.255; AS 16.05.258
Eff. 6/19/86, Register 98; am 8/8/87, Register 103; am 8/20/89, Register 111; am 8/12/90, Register 115; readopt 5/13/93, Register 126; am 7/1/2002, Register 162; am 7/1/2005, Register 174; am 7/1/2006, Register 178; am 7/1/2007, Register 182; add'l am 7/1/2007, Register 182; am 7/1/2011, Register 198; am 7/1/2014, Register 210; am 7/1/2016, Register 218; am 7/1/2017, Register 222; am 7/1/2018, Register 226

5 AAC 92.132 Bag limit for brown bears {#sec-5-aac-92.132 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.132}

A person may not take more than one brown bear every four regulatory years, except that

(1) the bag limit for brown bear in Unit 1(C), Berners Bay drainages, Units 6 (except Unit 6(D)), 7, 11, 14(A), 14(B), 14(C), that portion within the Chugach State Park Management Area, Units 15, 20 (except Unit 20(E)), 22(C), 24(A), 25(A), 25(B), 25(C), 26(B), and 26(C) is one bear per regulatory year; a bear taken in these units does not count against the one bear every four regulatory years' bag limit established for brown bears in other units; in Units 12, 13, 16, 17, 18, 19, 20(E), 21, 22(A), 22(B), 22(D), 22(E), 23, 24(B), 24(C), 24(D), 25(D), and 26(A), a person may take two brown bears per regulatory year; a bear taken in these units does not count against the one bear every four regulatory years' bag limit established for brown bears in other units;

(2) repealed 8/9/90;

(3) repealed 8/9/90;

(4) the bag limit for a resident hunting in Unit 9(B), all drainages in Unit 9(E) that drain into the Pacific Ocean between Cape Kumliun and the border of Unit 9(D) and Unit 9(E), Units 22(C) and 24(A), with a subsistence brown bear registration permit is one bear per regulatory year; the bag limit for a resident hunting in Units 17, 18, 19(A) downstream of and including the Aniak River drainage, 19(B) downstream of and including the Aniak River drainage, 21, 22(A), 22(B), 22(D), 22(E), 23, 24(B), 24(C), 24(D), and 26(A) with a subsistence brown bear registration permit is two bears per regulatory year; a bear taken in any of these units does not count against the one bear every four regulatory years' bag limit established for brown bears taken under a resident tag;

(5) repealed 7/1/2004;

(6) repealed 8/10/2024.

History

Authority: AS 16.05.255; AS 16.05.258
Eff. 8/20/89, Register 111; am 8/9/90, Register 115; am 8/10/90, Register 115; am 12/27/90, Register 116; am 7/1/92, Register 122; readopt 5/13/93, Register 126; am 7/7/94, Register 131; am 7/26/97, Register 143; am 7/1/98, Register 146; am 7/1/2000, Register 154; add'l am 7/1/2000, Register 154; am 7/1/2001, Register 158; am 12/28/2001, Register 160; am 7/1/2002, Register 162; am 7/1/2003, Register 166; am 7/1/2004, Register 170; add'l am 7/1/2004, Register 170; am 7/1/2005, Register 174; am 7/1/2006, Register 178; am 7/1/2007, Register 182; am 12/1/2007, Register 184; am 7/1/2008, Register 186; am 7/1/2009, Register 190; am 7/13/2012, Register 203; am 7/1/2013, Register 206; add'l am 7/1/2013, Register 206; am 7/1/2014, Register 210; am 7/1/2017, Register 222; add'l am 7/1/2017, Register 222; am 7/1/2020, Register 234; add'l am 7/1/2020, Register 234; am 7/7/2024, Register 251; am 8/10/2024, Register 251; am 7/1/2025, Register 254

5 AAC 92.135 Transfer of possession {#sec-5-aac-92.135 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.135}

(a) Unless the person who took the game is accompanying the person possessing the game, and until all salvage is completed as required under this chapter, a person who gives or receives game or a part of game shall immediately furnish upon demand by a peace officer a video recording, or a statement signed by both parties, describing the following:

(1) the names and addresses of each person who gave or received the game;

(2) when and where the game was taken;

(3) what game or part of game was transferred; and

(4) the hunting license number of the person who took the game.

(b) Upon receipt of game or a part of game, the recipient shall then be responsible to salvage the edible meat for human consumption.

(c) A person giving, shipping, or receiving game or parts of game shall allow inspection of that game or parts of game upon request from a peace officer of the state or a federal fish and wildlife agent.

History

Authority: AS 16.05.180; AS 16.05.258 AS 16.05.255; AS 16.05.920
Eff. 8/8/87, Register 103; am 8/10/91, Register 119; readopt 5/13/93, Register 126; am 7/1/98, Register 146; am 7/1/2008, Register 186; am 7/1/2025, Register 254

5 AAC 92.140 Unlawful possession or transportation of game {#sec-5-aac-92.140 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.140}

(a) A person may not possess, transport, give, receive, or barter game or parts of game that the person knows or should know were taken in violation of AS 11.61.210, or AS 16 or a regulation adopted under AS 16.

(b) Repealed 8/12/90.

(d) Notwithstanding (a) of this section, it is an affirmative defense to the crime of unlawful possession or transportation of game, if the person who possesses and transports game or parts of game taken in violation of AS 16 or a regulation adopted under AS 16 is doing so for the sole purpose of salvaging that game or parts of game as required by 5 AAC 92.220, immediately salvages that game or parts of game from the field and immediately surrenders that game or parts of game to a representative of the state located at the nearest office of the Department of Fish and Game (ADF&G) or Department of Public Safety (DPS).

History

Authority: AS 16.05.255; AS 16.05.920; AS 16.05.930
Eff. 7/5/85, Register 95; am 8/12/90, Register 115; am 7/1/92, Register 122; am 7/1/2001, Register 158; am 7/1/2011, Register 198

5 AAC 92.141 Transport, harboring, or release of live Muridae rodents prohibited {#sec-5-aac-92.141 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.141}

(a) It is unlawfuIl, without a permit issued by the department, for anyone to transport or harbor live uncaged Muridae rodents in a vessel, vehicle, aircraft, structure being translocated, or other means of conveyance, or to enter this state, including the waters of this state, while transporting or harboring live uncaged Muridae rodents.

(b) Except for a facility where a Muridae rodent eradication plan has been developed and implemented, it is unlawful for the owner or operator of any facility to harbor live uncaged Muridae rodents. The owner or operator of any facility in which live uncaged Muridae rodents or signs of such rodents including tracks, droppings, chew marks, and nests have been found shall

(1) notify the department in writing within 30 days of detection;

(2) develop and implement a written ongoing rodent eradication or control plan, the intent of which is to eliminate all Muridae rodents or prevent the spread of Muridae rodents beyond the facility, and which shall be provided to the department upon request; and

(3) allow representatives of the Department of Fish and Game or the Department of Public Safety to inspect the facility during business hours for compliance with this section.

(1) "facility" includes harbors, ports, airports, railroads, landfills, warehouses, storage yards, cargo handling sites, and establishments that serve, process, or store human or animal food;

(2) "uncaged" means not intentionally confined by the owner of facility or rodent to a cage or similar container that prevents escape.

History

Authority: AS 16.05.255
Eff. 9/13/2007, Register 183; am 7/1/2014, Register 210

5 AAC 92.150 Evidence of sex and identity {#sec-5-aac-92.150 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.150}

(a) Horns of a Dall sheep must be salvaged.

(b) If the taking of a big game animal, except sheep, is restricted to one sex, a person may not possess or transport the carcass of an animal unless sufficient portions of the external sex organs remain attached to indicate conclusively the sex of the animal, except that antlers are considered proof of sex for a deer if the antlers are naturally attached to an entire carcass, with or without the viscera; however, this section does not apply to the carcass of a big game animal that has been cut and placed in storage or otherwise prepared for consumption upon arrival at the location where it is to be consumed.

(c) If a big game bag limit includes an antler size or configuration restriction, both antlers must be salvaged. A person possessing a set of moose antlers with less than the required number of brow tines on one antler shall leave the antlers naturally attached to the unbroken, uncut skull plate. If antlers or horns must be salvaged, they may not be altered before the completion of all salvage requirements, unless alteration is required under permit conditions. In Unit 1(B), that portion of Unit 1(C) south of Port Hobart, including all Port Houghton drainages, and Unit 3, a damaged, broken, or altered antler is not considered a spike-fork antler as defined in 5 AAC 92.990.

(d) In those areas where sealing is required, until the hide has been sealed by a representative of the department, no person may possess or transport the hide of a bear that does not have the penis sheath or vaginal orifice naturally attached to indicate conclusively the sex of the bear.

(e) In those areas where sealing is required only for the skull of a bear, a person who possesses or transports the meat of a bear must keep sufficient portions of the external sex organs naturally attached to indicate conclusively the sex of the bear until the skull of the bear has been sealed by a representative of the department.

History

Authority: AS 16.05.255; AS 16.05.258
Eff. 7/5/85, Register 95; am 4/5/89, Register 110; am 7/1/92, Register 122; readopt 5/13/93, Register 126; am 6/28/96, Register 138; am 7/1/2000, Register 154; am 7/1/2003, Register 166; add'l am 7/1/2003, Register 166; am 7/1/2007, Register 182; am 7/1/2008, Register 186; am 7/1/2009, Register 190; am 7/1/2012, Register 202

5 AAC 92.151 Destruction of trophy value of game required in specific areas {#sec-5-aac-92.151 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.151}

A person taking game in the following areas and hunts must destroy the trophy value of the game in the manner described:

(1) repealed 7/1/2009;

(2) repealed 7/1/2009;

(3) in Unit 16(B), the antlers of a moose taken under a Tier II permit must be destroyed, by cutting the skull plate in half, if the antlers are removed from the unit.

History

Authority: AS 16.05.255; AS 16.05.258
Eff. 7/1/2008, Register 186; am 7/1/2009, Register 190; am 7/1/2011, Register 198

5 AAC 92.160 Marked or tagged game {#sec-5-aac-92.160 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.160}

A person who takes an animal that has been marked or tagged by the department for scientific studies shall, within a reasonable time, notify the department of the date when, and the place where, the animal was killed. Any ear tag, collar, radio, tattoo, or other identification must be retained with the hide until it is sealed, if sealing is required, and in all cases any identification equipment must be returned to the department.

History

Authority: AS 16.05.255; AS 16.05.920
Eff. 7/5/85, Register 95

5 AAC 92.165 Sealing of bear skins and skulls {#sec-5-aac-92.165 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.165}

(a) Sealing is required for hides and skulls of brown bear taken in any unit in the state, hides and skulls of black and brown bear taken in any unit in the state before the hide or skull is sold, hides and skulls of black bear of any color variation taken from January 1 through May 31, and skulls of black bear of any color variation taken from June 1 through December 31 in Units 1 - 7, 14(A), 14(C), 15 - 17, and 20(B). The seal must remain on the skin until the tanning process has commenced. A person may not possess or transport the untanned skin or skull of a bear taken in a unit where sealing is required, or export from the state the untanned skin or skull of a bear taken anywhere in the state, unless the skin or the skull, or both as required in this section have been sealed by a department representative within 30 days after the taking, or a lesser time if requested by the department, except that

(1) Repealed 7/1/2019;

(2) in Unit 8, brown bear taken may not be transported from that unit until sealed;

(3) in Unit 9(B), all drainages in Unit 9(E) that drain into the Pacific Ocean between Cape Kumliun and the border of Unit 9(D) and Unit 9(E), Unit 17, Unit 18, that portion of Units 19(A) and 19(B) downstream of and including the Aniak River drainage, Unit 21(D), Unit 22, Unit 23, Unit 24, and Unit 26(A), brown bear taken by a resident hunter under a subsistence registration permit is not required to be sealed unless removed from the area described in the permit or presented for commercial tanning within that area; before a brown bear skin or skull is removed from the area described in the permit or presented for commercial tanning within that area, the skin or skull must first be sealed by a department representative.

(b) A person who possesses a bear taken in a unit where sealing is required for both the skin and the skull shall keep the skin and skull together until a department representative has removed a rudimentary premolar tooth from the skull and sealed both the skull and the skin. A person who possesses a bear taken in a unit where sealing is required only for the skull shall keep the skull until a department representative has removed a rudimentary premolar tooth from the skull and sealed the skull. The department may require that the skull of the bear be skinned and that the skin and skull not be frozen at the time of sealing.

(c) Except as provided in (a)(3) and (d) of this section, a person who takes a bear in a unit where sealing is required must personally present the skin or the skull, or both, as required in (a) of this section, to a department representative for sealing within 30 days after the taking, or a shorter time if requested by the department, and must sign the sealing certificate at the time of sealing.

(d) A person who takes a bear in a unit where sealing is required, but is unable to present the skin or skull, or both, as required in (a) of this section in person, must complete and sign a temporary sealing form and ensure that the completed temporary sealing form, along with the bear skin or skull, or both, as required in (a) of this section, are presented to a department representative for sealing within 30 days after the taking.

(e) If a person takes a brown bear while on a guided hunt or while hunting with a resident relative under AS 16.05.407, the hunter, and the guide or resident relative who accompanied the hunter, must sign the sealing certificate. If a temporary sealing form is used, the hunter, and the guide or resident relative who accompanied the hunter, must sign the temporary sealing form.

(f) A person may not falsify any information required on the sealing certificate or temporary sealing form provided by the department.

(g) As used in this section,

(1) "sealing certificate" means a form used by the department for recording information when sealing a bear;

(2) "temporary sealing form" means a form available at department offices for providing information regarding date and location of bear kill, species of bear, name and address of the hunter, name of the guide, and other information requested by the department on the form.

History

Authority: AS 16.05.255; AS 16.05.370 AS 16.05.258; AS 16.05.920
Eff. 7/5/85, Register 95; am 11/1/85, Register 96; am 8/8/87, Register 103; am 7/14/88, Register 107; am 8/20/89, Register 111; am 8/10/91, Register 119; am 7/1/92, Register 122; readopt 5/13/93, Register 126; am 7/7/94, Register 131; am 7/16/95, Register 135; am 7/26/97, Register 143; am 7/1/98, Register 146; add'l am 7/1/98, Register 146; am 7/1/2000, Register 154; add'l am 7/1/2000, Register 154; am 7/1/2001, Register 158; am 8/22/2001, Register 159; am 7/1/2002, Register 162; am 7/1/2004, Register 170; add'l am 7/1/2004, Register 170; am 7/1/2005, Register 174; am 1/26/2006, Register 177; am 5/10/2006, Register 178; am 6/24/2006, Register 178; am 7/1/2006, Register 178; am 7/1/2008, Register 186; am 7/1/2010, Register 194; am 7/1/2011, Register 198; am 7/1/2012, Register 202; add'l am 7/1/2012, Register 202; am 7/1/2016, Register 218; am 7/1/2019, Register 230

5 AAC 92.170 Sealing of marten, fisher, lynx, beaver, otter, wolf, and wolverine {#sec-5-aac-92.170 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.170}

(a) A person may not possess, transport, or export from the state the untanned skin of a marten taken in Units 1 - 7 and 14 - 16, the untanned skin of a beaver taken in Units 1 - 11 and 13 - 17, the untanned skin of a fisher taken in Units 1 - 5, or the untanned skin of a lynx, land otter, wolf, or wolverine, whether taken inside or outside the state, unless the department has sealed the skin. The seal must remain on the skin until the tanning process has commenced or the skin has been transported from the state; however, the seal may be removed from the skin of a marten taken in Units 1 - 5 when the skin has been prepared for shipment from the state. Skins must be sealed according to the schedule in (b) of this section.

(b) The sealing of marten, fisher, lynx, beaver, land otter, wolf, or wolverine must be accomplished as follows:

(1) repealed 7/1/2019;

(2) wolf (except in Unit 2), wolverine, and lynx taken by hunting must be sealed on or before the 30th day after the date of taking;

(3) fisher (Units 1 - 5 only), marten (Units 1 - 7 and 14 - 16 only), wolf (except in Unit 2), wolverine, lynx, beaver, and otter taken by trapping must be sealed on or before the 30th day after the close of the season in the unit where taken;

(4) repealed 7/1/2005.

(5) the untanned hides of wolves taken in Unit 2 must be promptly sequentially numbered or marked and the date and location of take for each wolf must be reported in person or by telephone to the department not later than seven days after take; wolves taken in Unit 2 must be sealed not later than 15 days after take;

(d) A person who takes a species listed in (b) of this section must bring the skin for sealing to an authorized representative of the department and must complete a report on a form provided by the department.

(e) A person who takes a species listed in (b) of this section but who is unable to present the skin in person must complete and sign a temporary sealing form and ensure that the completed temporary sealing form and skin are presented to an authorized representative of the department for sealing, consistent with requirements listed in (b) of this section.

History

Authority: AS 16.05.255; AS 16.05.370 AS 16.05.258; AS 16.05.920
Eff. 7/5/85, Register 95; am 11/1/85, Register 96; am 6/19/86, Register 98; am 8/8/87, Register 103; am 4/24/88, Register 106; am 7/14/88, Register 107; am 8/20/89, Register 111; am 7/1/92, Register 122; am/readopt 5/13/93, Register 126; am 7/1/97, Register 142; am 7/26/97, Register 143; am 7/1/99, Register 150; am 7/1/2000, Register 154; am 7/1/2002, Register 162; am 7/1/2003, Register 166; am 7/1/2005, Register 174; am 7/1/2011, Register 198; add'l am 7/1/2011, Register 198; am 7/1/2013, Register 206; am 7/1/2019, Register 230; am 6/24/2021, Register 238; am 7/1/2025, Register 254

5 AAC 92.171 Sealing of horns and antlers {#sec-5-aac-92.171 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.171}

(a) A person may not alter, possess, transport, or export from the state, the horns of a Dall sheep ram taken in any hunt where there is a horn configuration bag limit, the horns of a Dall sheep ram taken in Units 6 - 11 and Units 13 - 17, or the horns of a Dall sheep taken under a registration permit in Unit 19(C), unless the horns have been permanently sealed by a department representative within 30 days after the taking, or a lesser time if designated by the department; except the horns of a 3/4-curl or less sheep taken in the registration hunt in Units 25(A) and 26(C) do not need to be sealed.

(b) Repealed (7/28/2023).

History

Authority: AS 16.05.255
Eff. 7/1/2004, Register 170; am 7/1/2006, Register 178; am 7/1/2009, Register 190; am 7/1/2011, Register 198; am 7/1/2013, Register 206; am 7/1/2014, Register 210; am 7/1/2020, Register 234; am 7/28/2023, Register 247

5 AAC 92.175 Sealing of beaver {#sec-5-aac-92.175 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.175}

Repealed 4/24/88.

Article 7 Use of Game

5 AAC 92.200 Purchase and sale of game {#sec-5-aac-92.200 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.200}

(a) In accordance with AS 16.05.920(a) and 16.05.930(e), the purchase, sale, or barter of game or any part of game is permitted except as provided in this section.

(b) Except as provided in 5 AAC 92.031, a person may not purchase, sell, advertise, or otherwise offer for sale:

(1) any part of a brown bear, except an article of handicraft made from the fur of a brown bear, and except skulls and hides with claws attached of brown bears harvested in areas where the bag limit is two bears per regulatory year by permit issued under 5 AAC 92.031;

(2) a big game trophy, or a black bear trophy of any kind;

(3) a big game animal skull, except the skull of a black bear, wolf, or wolverine, or a horn or antler that is still attached to any part of the skull;

(4) the antler of a caribou taken in Unit 23, unless the antler is a naturally shed antler or has been made into an article of handicraft;

(5) unsealed marten taken in Units 1 - 7, and 15, or unsealed fisher taken in Units 1 - 5, except as provided in 5 AAC 92.170(a);

(6) unsealed beaver taken in Units 1 - 11 and Units 13 - 17;

(7) unsealed land otter, lynx, wolf, or wolverine;

(8) the meat of big game and small game, except hares and rabbits;

(9) the gallbladder of a bear.

(1) a big game trophy, or a black bear trophy of any kind;

(2) the antler of a caribou taken in Unit 23, unless the antler is a naturally shed antler or has been made into an article of handicraft;

(3) the gallbladder of a bear.

(d) Notwithstanding (b)(2) and (3) of this section, a licensed taxidermist, estate executor, divorced person, or bankruptcy referee, may sell a skin or trophy by permit issued under 5 AAC 92.031, and the state may sell a skin or trophy as excess property. A person may purchase and possess an animal skin or trophy sold under this subsection. However, a person may not resell a skin or trophy purchased from a seller under this subsection.

(e) the barter of subsistence-taken game meat is subject to the following:

(1) the following individuals and businesses are prohibited from engaging in the barter of game meat taken for subsistence uses:

(A) a person or business holding a license under AS 43.70 or AS 43.75, or its employee, to engage in the commercial sale of the food items or nonedible items provided by the barter exchange; and

(B) a person or business licensed under AS 43.70 or AS 43.75, or its employee, to engage in providing the services provided by the barter exchange;

(2) the terms of this subsection do not restrict barter of furs and furbearers, or barter of handicrafts;

(3) a person may not barter a big game animal horn or antler that is still attached to any part of the skull, or a big game animal skull, except the skull of a black bear, wolf, or wolverine;

(4) in this subsection, "commercial" means for profit or disposal in commercial channels.

History

Authority: AS 16.05.255; AS 16.05.920 AS 16.05.258; AS 16.05.930
Eff. 7/5/85, Register 95; am 11/1/85, Register 96; am 8/8/87, Register 103; am 7/14/88, Register 107; am 8/20/89, Register 111; am 8/10/91, Register 119; am 5/5/93, Register 126; readopt 5/13/93, Register 126; am 7/1/98, Register 146; am 7/1/2002, Register 162; am 7/1/2003, Register 166; am 7/1/2004, Register 170; am 12/30/2004, Register 172; am 7/1/2010, Register 194; am 7/1/2012, Register 202; add'l am 7/1/2012, Register 202; am 7/1/2013, Register 206; am 7/1/2014, Register 210; am 7/1/2016, Register 218; am 7/1/2018, Register 226

5 AAC 92.210 Game as animal food or bait {#sec-5-aac-92.210 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.210}

A person may not use game as food for a dog or furbearer, or as bait, except for the following:

(1) the hide, skin, viscera, head, or bones of game legally taken or killed by a motorized vehicle, after salvage as required under 5 AAC 92.220;

(2) parts of legally taken animals that are not required to be salvaged as edible meat, if the parts are moved from the kill site;

(3) the skinned carcass of a bear, furbearer, or fur animal, after salvage as required under 5 AAC 92.220;

(4) small game; however, the breast meat of small game birds may not be used as animal food or bait;

(5) unclassified game;

(6) deleterious exotic wildlife;

(7) game that died of natural causes, if the game is not moved from the location where it was found; for purposes of this paragraph, "natural causes" does not include death caused by a human;

(8) game furnished by the state, as authorized by a permit under 5 AAC 92.040.

History

Authority: AS 16.05.255; AS 16.05.258
Eff. 7/5/85, Register 95; am 4/24/88, Register 106; am 8/20/89, Register 111; readopt 5/13/93, Register 126; am 10/1/93, Register 127; am 7/1/2002, Register 162

5 AAC 92.220 Salvage of game meat, furs, and hides {#sec-5-aac-92.220 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.220}

(a) Subject to additional requirements in 5 AAC 84 - 5 AAC 85, a person taking game shall salvage the following parts for human use:

(1) the hide of a wolf, wolverine, coyote, fox, lynx, marten, mink, fisher, weasel, and land otter, and the hide or meat of a beaver, muskrat, pika, ground squirrel, snowshoe hare, or marmot;

(2) the hide and skull of a brown bear, except as provided in (5) of this section;

(3) from January 1 through May 31, the hide, skull, and edible meat as defined in 5 AAC 92.990, from June 1 through December 31, the skull and either the hide or edible meat of a black bear taken in a game management unit in which sealing is required;

(4) from January 1 through May 31, the edible meat, and from June 1 through December 31, either the hide, or the edible meat as defined in 5 AAC 92.990, of a black bear taken in any game management unit in which sealing is not required; however, from June 1 through December 31, the edible meat of a black bear taken by a resident hunter taking black bear under customary and traditional use activities at a den site from October 15 through April 30, in Unit 19(A), that portion of the Kuskokwim River drainage within Unit 19(D) upstream from the Selatna River drainage and the Black River drainage, and in Units 21(B), 21(C), 21(D), 24, and 25(D) must be salvaged;

(5) all meat of the ribs, neck, brisket, front quarters, hindquarters, and the meat along the backbone between the front and hindquarters of a brown bear taken under a subsistence registration permit in Unit 9(B), all drainages in Unit 9(E) that drain into the Pacific Ocean between Cape Kumliun and the border of Unit 9(D) and Unit 9(E), Unit 17, Unit 18, that portion of Units 19(A) and 19(B) downstream of and including the Aniak River drainage, Unit 21(D), Unit 22, Unit 23, Unit 24, and Unit 26(A) shall be salvaged for human consumption; salvage of the hide or skull is optional;

(6) in addition to (d) of this section, the heart, liver, kidneys, and fat of caribou taken in 5 AAC 92.074(d) must be salvaged, and the head, heart, liver, kidneys, stomach and hide of moose taken in 5 AAC 92.074(d) must be salvaged;

(7) the hide or meat of Alaska hares taken in Units 9, 18, 22, and 23;

(b) A big game animal killed or injured by a vehicle is the property of the state. The operator of a motor vehicle that collides with a big game animal resulting in death or injury to the animal shall notify the State Troopers or division of Alaska wildlife troopers in the Department of Public Safety, as soon as possible.

(d) A person taking game not listed in (a) of this section shall salvage for human consumption all edible meat, as defined in 5 AAC 92.990. In addition,

(1) for moose and caribou taken before October 1 in Unit 9(B), Unit 17, Unit 18, those portions of Unit 19(A) within the Holitna/Hoholitna Controlled Use Area, and Unit 19(B), the edible meat of the front quarters and hindquarters must remain naturally attached to the bone until the meat is transported from the field or is processed for human consumption;

(2) for caribou taken before October 1 in Unit 21(A), the edible meat of the front quarters and hindquarters must remain naturally attached to the bone until the meat has been transported from the field or is processed for human consumption;

(3) for moose taken before October 1 in Units 13, 19, 21, 23, 24, and 25, for caribou taken before October 1 in Units 13, 19, 21(A), 21(E), 23, 24, 25(A), 25(B), and 25(D), and for bison taken before October 1 in Units 19, 21(A), and 21(E), the edible meat of the front quarters, hindquarters, and ribs must remain naturally attached to the bone until the meat has been transported from the field or is processed for human consumption;

(4) repealed 7/1/2009;

(5) repealed 7/1/2009.

(6) for moose and caribou taken under a community subsistence harvest permit in the area described in 5 AAC 92.074(d), the edible meat of the front quarters, hindquarters, ribs, brisket, neck and back bone must remain naturally attached to the bone until the meat has been transported from the field or is processed for human consumption.

(e) Antlers, horns, or the hide and skull of a brown or black bear may not be transported from the kill site until all edible meat salvaged in accordance with this chapter has been transported to the departure point from the field. However, antlers, horns, or the hide and skull of a brown or black bear may be transported simultaneously with the final load of edible meat salvaged.

(f) Antlers, horns, or the hide and skull of a brown or black bear may not be transported from the field unless accompanied by all edible meat or unless possession of the meat has been transferred in accordance with 5 AAC 92.135.

(g) Repealed 7/1/2002.

(h) A game animal taken in violation of AS 16 or a regulation adopted under AS 16 is the property of the state.

(i) repealed 7/1/2016.

(j) A person taking Rocky Mountain mule or white tailed deer must salvage the entire carcass, including the hide, and present it to the department within a time specified by the department, to a location specified by the department.

History

Authority: AS 16.05.255; AS 16.05.920 AS 16.05.258; AS 16.30.010
Eff. 7/5/85, Register 95; am 4/24/88, Register 106; am 8/20/89, Register 111; am 8/10/91, Register 119; am 7/1/92, Register 122; add'l am 7/1/92, Register 122; am 5/5/93, Register 126; readopt 5/13/93, Register 126; am 7/7/94, Register 131; am 6/28/96, Register 138; am 7/26/97, Register 143; am 7/1/98, Register 146; add'l am 7/1/98, Register 146; am 7/1/2000, Register 154; am 7/1/2001, Register 158; am 8/22/2001, Register 159; am 7/1/2002, Register 162; 1st add'l am 7/1/2002, Register 162; 2nd add'l am 7/1/2002, Register 162; am 7/25/2002, Register 163; am 7/1/2004, Register 170; am 1/26/2006, Register 177; am 6/24/2006, Register 178; am 7/1/2006, Register 178; am 7/1/2007, Register 182; add'l am 7/1/2007, Register 182; am 12/1/2007, Register 184; am 7/1/2008, Register 186; am 7/1/2009, Register 190; add'l am 7/1/2009, Register 190; am 7/1/2010, Register 194; am 8/2/2010, Register 195; am 7/1/2011, Register 198; am 7/1/2012, Register 202; am 7/1/2013, Register 206; 1st add'l am 7/1/2013, Register 206; 2nd add'l am 7/1/2013, Register 206; am 7/1/2014, Register 210; add'l am 7/1/2014, Register 210; am 7/1/2015, Register 214; am 7/1/2016, Register 218; am 7/1/2018, Register 226; am 7/1/2019, Register 230; add'l am 7/1/2019, Register 230; am 7/1/2020, Register 234; add'l am 7/1/2020, Register 234; am 6/23/2022, Register 242; am 8/10/2024, Register 251

5 AAC 92.230 Feeding of game {#sec-5-aac-92.230 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.230}

(a) Except as provided in (b) of this section or under the terms of a permit issued by the department, a person may not

(1) negligently feed a moose, deer, elk, sheep, bear, wolf, coyote, fox, wolverine, or deleterious exotic wildlife, or negligently leave human food, animal food, mineral supplements, or garbage in a manner that attracts these animals;

(2) intentionally feed a moose, deer, elk, sheep, bear, wolf, coyote, fox, wolverine, or deleterious exotic wildlife, or intentionally leave human food, animal food, mineral supplements, or garbage in a manner that attracts these animals.

(b) The prohibitions described in (a) of this section do not apply to the use of bait for trapping furbearers or deleterious exotic wildlife, or hunting bears under 5 AAC 92.044, or hunting wolf, fox, or wolverine with bait as described in 5 AAC 92.210, and elsewhere under 5 AAC 84 - 5 AAC 92.

History

Authority: AS 16.05.255
Eff. 7/5/85, Register 95; am 8/20/89, Register 111; am 7/1/93, Register 126; am 7/1/2002, Register 162; am 7/1/2006, Register 178; am 7/1/2006, Register 178; add'l am 7/1/2006, Register 178; am 7/1/2007, Register 182; am 5/1/2008, Register 186; am 7/1/2011, Register 198; am 7/1/2014, Register 210

5 AAC 92.240 Transfer of musk oxen to private ownership {#sec-5-aac-92.240 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.240}

Repealed 6/20/87.

5 AAC 92.241 Grant of bison and musk oxen to private ownership {#sec-5-aac-92.241 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.241}

Repealed 8/20/89.

5 AAC 92.250 Transfer of musk oxen for scientific and educational purposes {#sec-5-aac-92.250 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.250}

A musk ox may be loaned or donated to a public institution for scientific and educational purposes under terms approved by the commissioner and under guidelines approved by the board.

History

Authority: AS 16.05.020; AS 16.40.010 AS 16.05.255; AS 16.40.030
Eff. 7/5/85, Register 95

5 AAC 92.255 Reduction of the Adak caribou herd {#sec-5-aac-92.255 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.255}

For conservation and development purposes, the commissioner may dispose of the Adak caribou herd through an agreement with the United States Fish and Wildlife Service.

History

Authority: AS 16.05.050; AS 16.05.255; AS 16.05.270
Eff. 7/1/94, Register 130

5 AAC 92.260 Taking cub bears and female bears with cubs prohibited {#sec-5-aac-92.260 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.260}

A person may not take a cub bear or a female bear accompanied by a cub bear, except that a black bear cub or a female black bear accompanied by a cub bear may be taken by a resident hunter

(1) under customary and traditional use activities at a den site

(A) from October 15 through April 30 in

(i) Unit 19(A);

(ii) Unit 19(D), that portion of the Kuskokwim River drainage upstream from the Selatna and Black river drainages;

(iii) Units 21(B), 21(C), and 21(D); and

(iv) Unit 24; and

(B) from December 1 through the last day of February in Unit 25(D); and

(2) from July 1 through November 30 and March 1 through June 30 in Unit 25(D).

History

Authority: AS 16.05.255; AS 16.05.258
Eff. 7/5/85, Register 95; readopt 5/13/93, Register 126; am 7/1/2009, Register 190; am 2/4/2011, Register 197

5 AAC 92.265 Taking moose calves prohibited {#sec-5-aac-92.265 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.265}

Repealed.

History

Eff. 7/1/2002, Register 162; repealed 7/1/2004, Register 170

Article 9 Emergency Taking

5 AAC 92.400 Emergency taking of game {#sec-5-aac-92.400 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.400}

Nothing in 5 AAC prohibits a person from taking game for food during a closed season in case of dire emergency, as defined in 5 AAC 92.990. If it is reasonably possible to do so, the person taking game under this section shall salvage all edible portions of the meat, and shall deliver to the department all portions surplus to the alleviation of the dire emergency.

History

Authority: AS 16.05.255; AS 16.05.930
Eff. 7/5/85, Register 95

5 AAC 92.410 Taking game in defense of life or property {#sec-5-aac-92.410 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.410}

(a) Nothing in 5 AAC prohibits a person from taking game in defense of life or property if

(1) the necessity for the taking is not brought about by harassment or provocation of the animal, or by an unreasonable invasion of the animal's habitat;

(2) the necessity for the taking is not brought about by the improper disposal of garbage or a similar attractive nuisance; and

(3) all other practicable means to protect life and property are exhausted before the game is taken.

(b) Game taken in defense of life or property is the property of the state. A person taking game under this subsection shall immediately

(1) salvage and surrender to the department the

(A) hide and skull of a bear, completely removed from the carcass, and including all attached claws;

(B) hide and skull of fur animals or furbearers;

(D) meat of all other game not specified in (A) - (C) of this paragraph;

(2) notify the department of the taking; and

(3) submit to the department a completed questionnaire concerning the circumstances of taking of the game within 15 days after taking the game.

(1) a dwelling, permanent or temporary;

(2) an aircraft, boat, automobile, or other conveyance;

(3) a domesticated animal;

(4) other property of substantial value necessary for the livelihood or survival of the owner.

History

Authority: AS 16.05.255; AS 16.05.930
Eff. 7/5/85, Register 95; am 8/20/89, Register 111; am 8/12/90, Register 115; am 7/1/94, Register 130; am 7/1/2004, Register 170; am 7/1/2008, Register 186

5 AAC 92.420 Taking nuisance wildlife {#sec-5-aac-92.420 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.420}

(a) The department may issue a wild animal control license, renewable annually, to an applicant who pays the fee required under As 16.05.340, and who

(1) is at least 18 years of age;

(2) has successfully completed a hunter education course administered by the department or provided proof of equivalent firearms safety training if firearms are to be used to take or euthanize animals;

(3) has not been convicted of a fish or game violation under AS 16 or 5 AAC during the preceding five years;

(4) demonstrated a background in and an aptitude for nuisance wildlife control through one or more of the following:

(A) a written summary of methodology to be used;

(B) a written summary of experience in taking, capturing, or handling animals;

(5) identifies a geographic area within which the license is to apply;

(6) has complied with all past and current licensing and reporting requirements.

(b) A person with a nuisance wild animal control license may take nuisance wildlife on land owned by another person when

(1) the animal being taken has invaded a dwelling, is causing damage to property, or is an immediate threat to health, safety, or property;

(2) the necessity for the taking is not brought about by harassment or provocation of the animals, or by an unreasonable invasion of the animal's habitat;

(3) the necessity of the taking is not brought about by the improper disposal of garbage or a similar attractive nuisance; and

(4) all other practicable means to protect property are exhausted before the game is taken.

(c) A person taking nuisance wildlife by lethal means under this section must, each quarter, submit a summary of all nuisance wildlife activity during the previous period, including numbers, species, locations of animals taken, release locations for animals handled, and names and addresses of property owners.

(d) An animal taken under this section may be euthanized under the federal Animal Welfare Act (7 USC Ch. 54) but may not be held captive for more than 12 hours unless authorized by a department representative or required by a physician for public health reasons. Circumstances must dictate the euthanasia methods available to the operator; however the method employed should be the safest, quickest, and most painless available.

(e) Nuisance wildlife taken outside regular hunting or trapping seasons or in areas otherwise closed to taking for that species may not be retained for personal use and may not be sold, traded bartered, or otherwise transferred to any other person. A species required to be sealed under hunting or trapping regulations must be presented to the department for sealing.

(f) Wildlife may be taken or released only with

(1) the consent of the appropriate land manager or property owner; and

(2) approval of the department.

(g) The department may identify area where taking of one or more species is not allowed and may limit the number of animals to be taken.

History

Authority: AS 16.05.255; AS 16.05.330; AS 16.05.340
Eff. 7/1/2004, Register 170

Article 11 Game Management Units

5 AAC 92.450 Description of game management units {#sec-5-aac-92.450 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.450}

(1) Game Management Unit 1 consists of all mainland drainages from Dixon Entrance to Cape Fairweather, those islands east of the center line of Clarence Strait from Dixon Entrance to Caamano Point, all islands in Stephens Passage and Lynn Canal north of Taku Inlet, Pleasant Island, and all seaward waters and lands within three miles of these coastlines;

(A) Unit 1(A) consists of all drainages in Unit 1 south of the latitude of Lemesurier Point including all drainages into Behm Canal and excluding all drainages of Ernest Sound;

(B) Unit 1(B) consists of all drainages in Unit 1 between the latitude of Lemesurier Point and the latitude of Cape Fanshaw, including all drainages of Ernest Sound and Farragut Bay, and including the islands east of the center lines of Frederick Sound, Dry Strait (between Sergief and Kadin Islands), Eastern Passage, Blake Channel (excluding Blake Island), Ernest Sound and Seward Passage;

(C) Unit 1(C) consists of that portion of Unit 1 draining into Stephens Passage and Lynn Canal north of Cape Fanshaw and south of the latitude of Eldred Rock, including Berner's Bay, and Sullivan Island, and that portion north of Icy Strait and south of the latitude of Eldred Rock, including Pleasant Island, and excluding drainages into Farragut Bay;

(D) Unit 1(D) consists of that portion of Unit 1 north of the latitude of Eldred Rock, excluding Sullivan Island and the drainages of Berners Bay;

(2) Game Management Unit 2 consists of Prince of Wales Island and all islands west of the center lines of Clarence Strait and Kashevarof Passage, south and east of the center lines of Sumner Strait, and east of the longitude of the westernmost point on Warren Island, and all seaward waters and lands within three miles of these coastlines;

(3) Game Management Unit 3 consists of all islands west of Unit 1(B), north of Unit 2, south of the center line of Frederick Sound, and east of the center line of Chatham Strait, including Coronation, Kuiu, Kupreanof, Mitkof, Zarembo, Kashevarof, Woronkofski, Etolin, Wrangell, and Deer Islands, and all seaward waters and lands within three miles of these coastlines;

(4) Game Management Unit 4 consists of all islands south and west of Unit 1(C) and north of Unit 3, including Admiralty, Baranof, Chichagof, Yakobi, Inian, and Lemesurier Islands, and all seaward waters and lands within three miles of these coastlines;

(5) Game Management Unit 5 consists of all Gulf of Alaska drainages and islands between Cape Fairweather and the center line of Icy Bay, including the Guyot Hills, and all seaward waters and lands within three miles of these coastlines;

(A) Unit 5(A) consists of all drainages in Unit 5 east of Yakutat Bay, Disenchantment Bay, and the eastern edge of Hubbard Glacier, and includes the islands of Yakutat and Disenchantment Bays;

(B) Unit 5(B) consists of the remainder of Unit 5;

(6) Game Management Unit 6 consists of all Gulf of Alaska and Prince William Sound drainages from the center line of Icy Bay (excluding the Guyot Hills) to Cape Fairfield, including Kayak, Hinchinbrook, Montague, and adjacent islands, and Middleton Island, and all seaward waters and lands within three miles of these coastlines, but excluding the Copper River drainage upstream from Miles Glacier and those drainages on the north side of Miles Glacier, and excluding the Nellie Juan and Kings River drainages;

(A) Unit 6(A) consists of Gulf of Alaska drainages in Unit 6 east of Palm Point near Katalla, including Kanak, Wingham, and Kayak Islands;

(B) Unit 6(B) consists of Gulf of Alaska and Copper River Basin drainages in Unit 6 west of Palm Point near Katalla, east of the west bank of the Copper River, and east of a line from Flag Point to Cottonwood Point;

(C) Unit 6(C) consists of drainages in Unit 6 west of the west bank of the Copper River, and west of a line from Flag Point to Cottonwood Point, and drainages east of the east bank of Rude River and drainages into the eastern shore of Nelson Bay and Orca Inlet;

(D) Unit 6(D) consists of the remainder of Unit 6;

(7) Game Management Unit 7 consists of Gulf of Alaska drainages between Gore Point and Cape Fairfield, including the Nellie Juan and Kings River drainages, the Kenai River drainages upstream of a line from the mouth of the Russian River, continuing southerly along the Chugach National Forest boundary to the upper end of Upper Russian Lake; and including the drainages into Upper Russian Lake east of the Chugach National Forest boundary, the drainages into the south side of Turnagain Arm west of and including the Portage Creek drainage, and east of 150° W. Long., and all Kenai Peninsula drainages east of 150° W. long., from Turnagain Arm to the Kenai River, and all seaward waters and lands within three miles of these coastlines;

(8) Game Management Unit 8 consists of all islands southeast of the center line of Shelikof Strait, including Kodiak, Afognak, Whale, Raspberry, Shuyak, Spruce, Marmot, Sitkalidak, Amook, Uganik, and Chirikof Islands, the Trinity Islands, the Semidi Islands, and other adjacent islands, and all seaward waters and lands within three miles of these coastlines;

(9) Game Management Unit 9 consists of the Alaska Peninsula and adjacent islands, including drainages east of False Pass, Pacific Ocean drainages west of and excluding the Redoubt Creek drainage, drainages into the south side of Bristol Bay, drainages into the north side of Bristol Bay east of Etolin Point, and including the Sanak and Shumagin Islands, and all seaward waters and lands within three miles of these coastlines;

(A) Unit 9(A) consists of that portion of Unit 9 draining into Shelikof Strait and Cook Inlet between the southern boundary of Unit 16 (Redoubt Creek) and the northern boundary of Katmai National Park and Preserve;

(B) Unit 9(B) consists of that portion of Unit 9 in the Kvichak River drainage, except those lands drained by the Kvichak River and Kvichak Bay between the Alagnak River drainage and the Naknek River drainage;

(C) Unit 9(C) consists of that portion of Unit 9 in the Alagnak (Branch) River drainage, the Naknek River drainage, lands drained by the Kvichak River and Kvichak Bay between the Alagnak River drainage and the Naknek River drainage, and all land and water within Katmai National Park and Preserve;

(D) Unit 9(D) consists of that portion of Unit 9 in all Alaska Peninsula drainages west of a line from the southernmost head of Port Moller to the head of American Bay, including the Shumagin Islands and other islands of Unit 9 west of the Shumagin Islands;

(E) Unit 9(E) consists of the remainder of Unit 9;

(10) Game Management Unit 10 consists of the Aleutian Islands, Unimak Island and the Pribilof Islands, and all seaward waters and lands within three miles of these coastlines;

(11) Game Management Unit 11 consists of that area draining into the Copper River from the north side of Miles Glacier, and east of the easternmost bank of the Copper River from Miles Glacier north to the Slana River, then along the east bank of the Slana River to Suslota Creek, then south of the south bank of Suslota Creek to Noyes Mountain;

(12) Game Management Unit 12 consists of the Tanana River drainage upstream from the Robertson River, including all drainages into the east bank of the Robertson River, and the White River drainage in Alaska, but excluding the Ladue River drainage;

(13) Game Management Unit 13 consists of that area westerly of the easternmost bank of the Copper River and drained by all tributaries into the west bank of the Copper River from Miles Glacier north to the confluence with the Slana River, then along the east bank of the Slana River to Suslota Creek, and that area of the Slana River drainage north of the south bank of Suslota Creek; the drainages into the Delta River upstream from Falls Creek and Black Rapids Glacier; the drainages into the Nenana River upstream from the southeast corner of Denali National Park at Windy; the drainage into the Susitna River upstream from its junction with the Chulitna River; the drainage into the east bank of the Chulitna River upstream to its confluence with the Tokositna River; the drainages of the Chulitna River (south of Denali National Park) upstream from its confluence with the Tokositna River; the drainages into the north bank of the Tokositna River upstream to the base of the Tokositna Glacier; the drainages into the Tokositna Glacier; the drainages into the east bank of the Susitna River between its confluences with the Talkeetna and Chulitna Rivers; the drainages into the north and east bank of the Talkeetna River, including the Talkeetna River, to its confluence with Clear Creek, the eastside drainages of a line up the south bank of Clear Creek to the first unnamed creek on the south, then up that unnamed creek to lake 4408, along the northeast shore of lake 4408, then southeast in a straight line to the northernmost fork of the Chickaloon River; the drainages into the east bank of the Chickaloon River below the line from lake 4408; the drainages of the Matanuska River above its confluence with the Chickaloon River;

(A) Unit 13(A) consists of that portion of Unit 13 bounded by a line beginning at the Chickaloon River bridge at Mile 77.7 on the Glenn Highway, then along the Glenn Highway to its junction with the Richardson Highway, then east to the east bank of the Copper River, then northerly along the east bank of the Copper River to its junction with the Gulkana River, then northerly along the west bank of the Gulkana River to its junction with the West Fork of the Gulkana River, then westerly along the west bank of the West Fork of the Gulkana River to its source, an unnamed lake, then across the divide into the Tyone River drainage, down an unnamed stream into the Tyone River, then down the Tyone River to the Susitna River, then down the southern bank of the Susitna River to the mouth of Kosina Creek, then up Kosina Creek to its headwaters, then across the divide and down Aspen Creek to the Talkeetna River, then southerly along the boundary of Unit 13 to the Chickaloon River bridge, the point of beginning;

(B) Unit 13(B) consists of that portion of Unit 13 bounded by a line beginning at the confluence of the Copper River and the Gulkana River, then up the east bank of the Copper River to the Gakona River, then up the east bank of the Gakona River and Gakona Glacier to the boundary of Unit 13, then westerly along the boundary of Unit 13 to the Susitna Glacier, then southerly along the west bank of the Susitna Glacier and the Susitna River to the Tyone River, then up the Tyone River and across the divide to the headwaters of the West Fork of the Gulkana River, then down the West Fork of the Gulkana River to the confluence of the Gulkana River and the Copper River, the point of beginning;

(D) Unit 13(D) consists of that portion of Unit 13 south of Unit 13(A);

(E) Unit 13(E) consists of the remainder of Unit 13;

(14) Game Management Unit 14 consists of drainages into the north side of Turnagain Arm west of and excluding the Portage Creek drainage, drainages into Knik Arm, excluding drainages of the Chickaloon and Matanuska Rivers in Unit 13, drainages into the north side of Cook Inlet east of the Susitna River, drainages into the east bank of the Susitna River downstream from the Talkeetna River, and drainages into the south and west bank of the Talkeetna River to its confluence with Clear Creek, the westside drainages of a line up the south bank of Clear Creek to the first unnamed creek on the south, then up that unnamed creek to lake 4408, along the northeast shore of lake 4408, then southeast in a straight line to the northernmost fork of the Chickaloon River, and all seaward waters and lands within three miles of these coastlines;

(A) Unit 14(A) consists of drainages in Unit 14 bounded on the west beginning at the Matanuska-Susitna Borough boundary along longitude line 150° 30'00" to the mouth of the Susitna River, then north along the east bank of the Susitna River, on the north by the north bank of Willow Creek and Peters Creek to its headwaters, then east along the hydrologic divide separating the Susitna River and Knik Arm drainages to the outlet creek at lake 4408, on the east by the eastern boundary of Unit 14, and on the south by Cook Inlet, Knik Arm, and the Matanuska-Susitna Borough boundary to the Glenn Highway bridge, then to the south bank of Knik Arm, then to the south bank of the Knik River from its mouth to its junction with Knik Glacier, across the face of Knik Glacier and along the north side of Knik Glacier to the Unit 6 boundary;

(B) Unit 14(B) consists of that portion of Unit 14 north of Unit 14(A);

(15) Game Management Unit 15 consists of that portion of the Kenai Peninsula and adjacent islands draining into the Gulf of Alaska, Cook Inlet, and Turnagain Arm from Gore Point to the point where longitude line 150° 00' W. crosses the coastline of Chickaloon Bay in Turnagain Arm, including Kalgin Island, and including that area lying west of longitude line 150° 00' W. to the mouth of the Russian River, thence southerly along the Chugach National Forest boundary to the upper end of Upper Russian Lake; and including the drainages into Upper Russian Lake west of the Chugach National Forest boundary, and all seaward waters and lands within three miles of these coastlines;

(A) Unit 15(A) consists of that portion of Unit 15 north of the north bank of the Kenai River and the north shore of Skilak Lake;

(B) Unit 15(B) consists of that portion of Unit 15 south of the north bank of the Kenai River and the north shore of Skilak Lake, and north of the north bank of the Kasilof River, the north shore of Tustumena Lake, Glacier Creek, and Tustumena Glacier, and Kalgin Island;

(16) Game Management Unit 16 consists of the drainages into Cook Inlet between Redoubt Creek and the Susitna River, including Redoubt Creek drainage, and the drainages on the west side of the Susitna River (including the Susitna River) upstream to its junction with the Chulitna River; the drainages into the west side of the Chulitna River (including the Chulitna River) upstream to the Tokositna River (including the Tokositna River), and drainages into the south side of the Tokositna River upstream to the base of the Tokositna Glacier, including the drainage of the Kanikula Glacier, and all seaward waters and lands within three miles of these coastlines;

(A) Unit 16(A) consists of that portion of Unit 16 east of the east bank of the Yentna River from its mouth upstream to the Kahiltna River, east of the east bank of the Kahiltna River, and east of the Kahiltna Glacier;

(B) Unit 16(B) consists of the remainder of Unit 16;

(17) Game Management Unit 17 consists of drainages into Bristol Bay and the Bering Sea between Etolin Point and Cape Newenham, and all islands between these points, including Hagemeister Island and the Walrus Islands, and all seaward waters and lands within three miles of these coastlines;

(A) Unit 17(A) consists of that portion of Unit 17 in the drainages between Cape Newenham and Cape Constantine, and Hagemeister Island and the Walrus Islands;

(B) Unit 17(B) consists of that portion of Unit 17 in the Nushagak River drainage upstream from and including the Mulchatna River drainage, and the Wood River drainage upstream from the outlet of Lake Beverley;

(18) Game Management Unit 18 consists of that area draining into the Yukon and Kuskokwim Rivers westerly and downstream from a line starting at the downriver boundary of Paimiut on the north bank of the Yukon River then south across the Yukon River to the northern terminus of the Paimiut Portage, then south along the Paimiut Portage to its intersection with Arhymot Lake, then south along the northern and western bank of Arhymot Lake to the outlet at Crooked Creek (locally known as Johnson River), then along the south bank of Crooked Creek downstream to the northern terminus of Crooked Creek to the Yukon-Kuskokwim Portage (locally known as the Mud Creek Tramway), then along the west side of the tramway to Mud Creek, then along the westerly bank of Mud Creek downstream to an unnamed slough of the Kuskokwim River (locally known as First Slough or Kalskag Slough), then along the west bank of this unnamed slough downstream to its confluence with the Kuskokwim River, then southeast across the Kuskokwim River to its southerly bank, then along the south bank of the Kuskokwim River upriver to the confluence of a Kuskokwim River slough locally known as Old River, then across Old River to the downriver terminus of the island formed by Old River and the Kuskokwim River, then along the north bank of the main channel of Old River to Igyalleq Creek (Whitefish Creek), then along the south and west bank of Igyalleq Creek to Whitefish Lake, then directly across Whitefish Lake to Ophir Creek, then along the west bank of Ophir Creek to its headwaters at 61° 10.22' N. lat., 159° 46.05' W. long., and the drainages flowing into the Bering Sea from Cape Newenham on the south to and including the Pastolik River drainage on the north; Nunivak, St. Matthews, and adjacent islands between Cape Newenham and the Pastolik River, and all seaward waters and lands within three miles of these coastlines;

(19) Game Management Unit 19 consists of the Kuskokwim River drainage upstream, excluding the drainages of Arhymot Lake, from a line starting at the outlet of Arhymot Lake at Crooked Creek (locally known as Johnson River), then along the south bank of Crooked Creek downstream to the northern terminus of Crooked Creek to the Yukon-Kuskokwim Portage (locally known as the Mud Creek Tramway), then along the west side of the tramway to Mud Creek, then along the westerly bank of Mud Creek downstream to an unnamed slough of the Kuskokwim River (locally known as First Slough or Kalskag Slough), then along the west bank of this unnamed slough downstream to its confluence with the Kuskokwim River, then southeast across the Kuskokwim River to its southerly bank, then along the south bank of the Kuskokwim River upriver to the confluence of a Kuskokwim River slough locally known as Old River, then across Old River to the downriver terminus of the island formed by Old River and the Kuskokwim River, then along the north bank of the main channel of Old River to Igyalleq Creek (Whitefish Creek), then along the south and west bank of Igyalleq Creek to Whitefish Lake, then directly across Whitefish Lake to Ophir Creek then along the west bank of Ophir Creek to its headwaters at 61° 10.22' N. lat., 159° 46.05' W. long.;

(A) Unit 19(A) consists of that portion of Unit 19 in the Kuskokwim River drainage downstream from and including the George River drainage, and downstream from and excluding the Downey Creek drainage;

(B) Unit 19(B) consists of that portion of Unit 19 in the Aniak River drainage upstream from and including the Salmon River drainage, the Holitna River drainage upstream from and including the Bakbuk Creek drainage, that area south of a line from the mouth of Bakbuk Creek to the radar dome at Sparrevohn Air Force Base, including the Hoholitna River drainage upstream from that line, and the Stony River drainage upstream from and including the Can Creek drainage;

(C) Unit 19(C) consists of that portion of Unit 19 south and east of a line from Benchmark M#1.26 (approximately 1.26 miles south of the northwest corner of the original Mt. McKinley National Park boundary) to the peak of Lone Mountain, then due west to Big River, including the Big River drainage upstream from that line, and including the Swift River drainage upstream from and including the North Fork drainage;

(D) Unit 19(D) consists of that portion of Unit 19 in the Kuskokwim River drainage upstream from and including the Swift River drainage, excluding Unit 19(C);

(E) Unit 19(E) consists of the remainder of Unit 19;

(20) Unit 20 consists of the Yukon River drainage upstream from and including the Tozitna River drainage to and including the Hamlin Creek drainage, drainages into the south bank of the Yukon River upstream from and including the Charley River drainage, the Ladue River and Fortymile River drainages and the Tanana River drainage north of Unit 13 and downstream from the east bank of the Robertson River;

(A) Unit 20(A) consists of that portion of Unit 20 bounded on the south by the Unit 13 boundary, bounded on the east by the west bank of the Delta River, bounded on the north by the north bank of the Tanana River from its confluence with the Delta River downstream to its confluence with the Nenana River, and bounded on the west by the east bank of the Nenana River including Seventeen Mile Slough and Lost Slough;

(B) Unit 20(B) consists of that portion of Unit 20 in drainages into the north bank of the Tanana River from and including Hot Springs Slough upstream to and including the Banner Creek drainage;

(C) Unit 20(C) consists of that portion of Unit 20 bounded on the east by the east bank of the Nenana River including Seventeen Mile Slough and Lost Slough and on the north by the north bank of the Tanana River downstream from the Nenana River;

(D) Unit 20(D) consists of that portion of Unit 20 bounded on the east by the east bank of the Robertson River and on the west by the west bank of the Delta River, and drainages into the north bank of the Tanana River from its confluence with the Robertson River downstream to, but excluding, the Banner Creek drainage;

(E) Unit 20(E) consists of that portion of Unit 20 in drainages into the south bank of the Yukon River upstream from and including the Charley River drainage, and the Ladue River drainage;

(F) Unit 20(F) consists of the remainder of Unit 20;

(21) Game Management Unit 21 consists of drainages into the Yukon River and Arhymot Lake upstream from a line starting at the downriver boundary of Paimiut on the north bank of the Yukon River then south across the Yukon River to the northern terminus of the Paimiut Portage, then south along the Portage to its intersection with Arhymot Lake, then south along the northern and western bank of Arhymot Lake to the outlet at Crooked Creek (locally known as Johnson River) drainage then to, but not including, the Tozitna River drainage on the north bank, and to but not including the Tanana River drainage on the south bank, and excluding the Koyukuk River drainage upstream from the Dulbi River drainage;

(A) Unit 21(A) consists of that portion of Unit 21 in the Innoko River drainage upstream from and including the Iditarod River drainage;

(B) Unit 21(B) consists of that portion of Unit 21 in the Yukon River drainage upstream from Ruby and east of the Ruby-Poorman Road, downstream from and excluding the Tozitna River and Tanana River drainages, and excluding the Melozitna River drainage upstream from Grayling Creek;

(C) Unit 21(C) consists of that portion of Unit 21 in the Melozitna River drainage upstream from Grayling Creek, and the Dulbi River drainage upstream from and including the Cottonwood Creek drainage;

(D) Unit 21(D) consists of that portion of Unit 21 in the Yukon River drainage from and including the Blackburn Creek drainage upstream to Ruby, including the area west of the Ruby-Poorman Road, excluding the Koyukuk River drainage upstream from the Dulbi River drainage, and excluding the Dulbi River drainage upstream from Cottonwood Creek;

(E) Unit 21(E) consists of that portion of Unit 21 in the Yukon River and Arhymot Lake drainages upstream from a line starting at the downriver boundary of Paimiut on the north bank of the Yukon River, then south across the Yukon River to the northern terminus of the Paimiut Portage, then south along the Portage to its intersection with Arhymot Lake, then along the northern and western bank of Arhymot Lake to the outlet at Crooked Creek (locally known as Johnson River) drainage, then to, but not including, the Blackburn Creek drainage, and the Innoko River drainage downstream from the Iditarod River drainage;

(22) Game Management Unit 22 consists of Bering Sea, Norton Sound, Bering Strait, Chukchi Sea, and Kotzebue Sound drainages from, but excluding, the Pastolik River drainage in southern Norton Sound to, but not including, the Goodhope River drainage in southern Kotzebue Sound, and all adjacent islands in the Bering Sea between the mouths of the Goodhope and Pastolik Rivers, and all seaward waters and lands within three miles of these coastlines;

(A) Unit 22(A) consists of that portion of Unit 22 in Norton Sound drainages from, but excluding, the Pastolik River drainage to, and including, the Ungalik River drainage, and Stuart and Besboro Islands;

(B) Unit 22(B) consists of that portion of Unit 22 in Norton Sound drainages from, but excluding, the Ungalik River drainage to, and including, the Topkok Creek drainage;

(C) Unit 22(C) consists of that portion of Unit 22 in Norton Sound and Bering Sea drainages from, but excluding, the Topkok Creek drainage to, and including, the Tisuk River drainage, and King and Sledge Islands;

(D) Unit 22(D) consists of that portion of Unit 22 draining into the Bering Sea north of but not including the Tisuk River to and including Cape York, and St. Lawrence Island;

(E) Unit 22(E) consists of that portion of Unit 22 in Bering Sea, Bering Strait, Chukchi Sea, and Kotzebue Sound drainages from Cape York to, but excluding, the Goodhope River drainage, and including Little Diomede Island and Fairway Rock;

(23) Game Management Unit 23 consists of Kotzebue Sound, Chukchi Sea, and Arctic Ocean drainages from and including the Goodhope River drainage to Cape Lisburne, and all seaward waters and lands within three miles of these coastlines;

(24) Game Management Unit 24 consists of the Koyukuk River drainage upstream from but not including the Dulbi River drainage;

(A) Unit 24(A) consists of that portion of Unit 24 in the Middle Fork of the Koyukuk River drainage upstream from but not including the Harriet Creek and North Fork Koyukuk River drainages, the South Fork of the Koyukuk River drainage upstream from Squaw Creek, the Jim River drainage, the Fish Creek drainage upstream from and including the Bonanza Creek drainage, to the 1,410-foot peak of the hydrologic divide with the northern fork of the Kanuti Chalatna Creek near 66° 33.303' N. lat., 151° 03.637' W. long. and following the unnamed northern fork of the Kanuti Chalatna Creek to the confluence of the southern fork of the Kanuti Chalatna Creek near 66° 27.090' N. lat., 151° 23.841' W. long., 4.2 miles south by southwest (194° true) of Clawanmenka Lake and following the unnamed southern fork of the Kanuti Chalatna Creek to the hydrologic divide with the Kanuti River drainage near 66° 19.789' N. lat., 151° 10.102' W. long., 3.0 miles east by northeast (79° true) from the 2,055-foot peak on that divide, and the Kanuti River drainage upstream from the confluence of an unnamed creek near 66° 13.050' N. lat., 151° 05.864' W. long., 0.9 miles south by southeast (155° true) of a 1,980-foot peak on that divide, and following that unnamed creek to the Unit 24 boundary on the hydrologic divide to the Ray River drainage near 66° 04.683' N. lat., 150° 49.9' W. long. at the 2,920-foot peak of that divide;

(B) Unit 24(B) consists of that portion of Unit 24 in the Koyukuk River drainage upstream from Dog Island to the Unit 24(A) boundary;

(C) Unit 24(C) consists of that portion of Unit 24 in the Hogatza River drainage, the Koyukuk River drainage upstream from Batza River on the north side of the Koyukuk River, and upstream from and including the Indian River drainage on the south side of the Koyukuk River to the Unit 24(B) boundary;

(D) Unit 24(D) consists of the remainder of Unit 24;

(25) Game Management Unit 25 consists of the Yukon River drainage upstream from but not including the Hamlin Creek drainage, and excluding drainages into the south bank of the Yukon River upstream from the Charley River;

(A) Unit 25(A) consists of that portion of Unit 25 in the Hodzana River drainage upstream from the Narrows, the Chandalar River drainage upstream from and including the East Fork drainage, the Christian River drainage upstream from Christian, the Sheenjek River drainage upstream from and including the Thluichohnjek Creek, the Coleen River drainage, and the Old Crow River drainage;

(B) Unit 25(B) consists of that portion of Unit 25 in the Little Black River drainage upstream from but not including the Big Creek drainage, the Black River drainage upstream from and including the Salmon Fork drainage, the Porcupine River drainage upstream from the confluence of the Coleen and Porcupine Rivers, and drainages into the north bank of the Yukon River upstream from Circle, including the Yukon River and islands in the Yukon River upstream from Circle;

(C) Unit 25(C) consists of that portion of Unit 25 in drainages into the south bank of the Yukon River upstream from Circle to the Subunit 20(E) boundary, the Birch Creek drainage upstream from the Steese Highway bridge (milepost 147) and south of the Steese Highway from the Birch Creek bridge (milepost 147) to where the Steese Highway intersects the Yukon River at Circle, the Preacher Creek drainage upstream from and including the Rock Creek drainage, and the Beaver Creek drainage upstream from and including the Moose Creek drainage;

(D) Unit 25(D) consists of the remainder of Unit 25;

(26) Game Management Unit 26 consists of Arctic Ocean drainages between Cape Lisburne and the Alaska-Canada border, including the Firth River drainage within this state, and all seaward waters and lands within three miles of these coastlines;

(A) Unit 26(A) consists of that portion of Unit 26 lying west of the Itkillik River drainage, and west of the east bank of the Colville River between the mouth of the Itkillik River and the Arctic Ocean;

(B) Unit 26(B) consists of that portion of Unit 26 east of Unit 26(A), and west of a line following the west banks of the Staines River branch of the Canning River, the Canning River, and the Marsh Fork of the Canning River;

History

Authority: AS 16.05.255
Eff. 8/20/89, Register 111; am 7/1/2002, Register 162; am 7/1/2006, Register 178; am 7/1/2010, Register 194; am 7/1/2014, Register 210; add'l am 7/1/2014, Register 210; am 7/1/2016, Register 218; am 6/23/2022, Register 242; am 8/10/2024, Register 251; am 7/1/2025, Register 254

Article 12 Restricted Areas

5 AAC 92.510 Areas closed to hunting {#sec-5-aac-92.510 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.510}

(a) The following areas are closed to hunting as specified:

(1) Unit 1(A):

(A) in the Ketchikan area, a strip one-fourth mile wide on each side of the Tongass Highway system, including the Ward, Connel, and Harriet Hunt Lake Roads, is closed to the taking of big game;

(B) in the Hyder area, the Salmon River drainage downstream from the Riverside Mine, including the drainages of Fish Creek and Skookum Creek, but excluding the Thumb Creek drainage, is closed to the taking of bears;

(C) the Margaret Creek drainage within one-quarter mile of Margaret Creek downstream from the mouth of Margaret Lake to the mouth of the creek, is closed to the taking of black bears and brown bears;

(2) Unit 1(B):

(A) the Anan Creek drainage within one mile of Anan Creek downstream from the mouth of Anan Lake, including the area within a one mile radius from the mouth of Anan Creek Lagoon is closed to the taking of black bears and brown bears;

(3) Unit 1(C):

(A) repealed 7/1/2005;

(B) in the Juneau area, that area between the coast and a line one-fourth mile inland of the following road systems is closed to the taking of big game:

(i) Glacier Highway from Mile 0 to the northern bank of Peterson Creek;

(ii) Douglas Highway from the Douglas city limits to the northeast bank of Fish Creek;

(iii) Mendenhall Loop Road; and

(iv) Thane Road;

(C) the area within one-fourth mile of Mendenhall Lake, the U.S. Forest Service Mendenhall Glacier Visitor's Center, and the Center's parking area, is closed to hunting;

(D) the area of Mt. Bullard bounded by the Mendenhall Glacier, Nugget Creek from its mouth to its confluence with Goat Creek, and a line from the mouth of Goat Creek north to the Mendenhall Glacier, is closed to the taking of mountain goat;

(E) Auke Lake is closed to the taking of waterfowl;

(F) Mt. Juneau drainage, bounded by the Glacier Highway, Salmon Creek and its reservoir, a line from the head of the Salmon Creek drainage to the head of Granite Creek, and down Granite Creek and Gold Creek to the Glacier Highway, is closed to the taking of mountain goat;

(4) Unit 1(D):

(A) a strip one-fourth mile wide on each side of the Lutak Road between Mile 7 and Chilkoot Lake, and from the Chilkoot River bridge to the end of the Lutak Road spur at the head of Lutak Inlet, is closed to the taking of big game;

(5) Unit 3:

(A) a strip one-fourth mile wide on each side of the Stikine (Zimovia) Highway from mile marker 12.0 of the Stikine (Zimovia) Highway to the Tongass National Forest Boundary is closed to the taking of big game;

(B) in the Petersburg vicinity, a strip one-fourth mile wide on each side of the Mitkof Highway from mile marker 8.75 of the Mitkof Highway to mile marker 17.22 is closed to the taking of big game, except wolves;

(D) a strip one-fourth mile wide on each side of Blind Slough, from the hunting closure markers at approximately mile 15.1 to the hunting closure markers at approximately mile 18.4 of the Mitkof Highway, including the waters of Blind Slough between those hunting closure markers, is closed to all hunting;

(6) Unit 4:

(A) in the Sitka area, a strip one-fourth mile wide on each side of all state highways is closed to the taking of big game;

(B) the Seymour Canal Closed Area (Admiralty Island), including all drainages into northwestern Seymour Canal between Staunch Point and the southernmost tip of the unnamed peninsula separating Swan Cove and King Salmon Bay, and including Swan and Windfall Islands, is closed to the taking of bears;

(C) the Salt Lake Closed Area (Admiralty Island), including all lands within one-fourth mile of Salt Lake above Klutchman Rock at the head of Mitchell Bay, is closed to the taking of bears;

(D) Port Althorp (Chichagof Island), that area within the Port Althorp watershed south of a line from Point Lucan to Salt Chuck Point (Trap Rock), is closed to the taking of brown bears;

(E) Mitchell Bay (Admiralty Island), that area including Mitchell Bay, Kootznahoo Inlet, Kanalkoo Bay, and Favorite Bay, and all adjacent land within 660 feet of mean high tide, is closed to the taking of brown bears;

(F) the Bear Cove Closed Area (Baranof Island), which consists of all of Bear Cove in Silver Bay, from the mouth of the unnamed creek exiting Bear Lake, located approximately one-half mile southeast of BM "Virgo", along the coast to the point of land at BM "Ranus," including the entire shoreline of Bear Cove within one-fourth mile of the mean high tide line, is closed to the taking of brown bears;

(G) No wheeled vehicles or carts may be used by hunters on the road system and associated mine infrastructure extending from the Greens Creek Hawk Inlet facilities to the Greens Creek Mine, a distance of approximately 9 miles.

(7) Unit 6:

(A) repealed 7/1/2005;

(B) repealed 7/1/2005;

(8) Unit 7:

(A) the Portage Glacier Closed Area in Unit 7, which consists of Portage Creek drainages between the Anchorage-Seward Railroad and Placer Creek in Bear Valley, Portage Lake, the mouth of Byron Creek, Glacier Creek and Byron Glacier, is closed to hunting; however, migratory birds and small game may be hunted with shotguns, bow and arrow, crossbow, or falconry from September 1 through April 30;

(B) the Seward Closed Area in Unit 7, which consists of the south side drainage of the Resurrection River downstream from the Kenai Fjords National Park's eastern boundary, and Resurrection Bay drainages between the mouth of the Resurrection River and the mouth of Lowell Creek, are closed to the taking of big game, except black bear;

(C) the Cooper Landing Closed Area, which consists of that portion of Unit 7 bounded by Juneau Creek, beginning at its confluence with the Kenai River, then upstream to the confluence of Juneau Creek and Falls Creek, then easterly along Falls Creek and the north fork of Falls Creek and over the connecting saddle to Devils Creek, then southeasterly along Devils Creek to its confluence with Quartz Creek, then southwesterly along Quartz Creek to the Sterling Highway, then westerly along the Sterling Highway to the Kenai River, and then westerly along the Kenai River to the point of beginning at the mouth of Juneau Creek, is closed to the taking of Dall sheep and mountain goat;

(D) repealed 7/1/2011;

(E) the Russian River Closed Area, which consists of the area within 150 yards from each side of, and including, the Russian River, from the outlet of Lower Russian Lake downstream to the confluence of the Russian River and Kenai River are closed to hunting during June and July;

(F) all land within one-fourth mile of the two wildlife underpasses and one wildlife overpass on the Sterling Highway are closed to hunting;

(9) Unit 9:

(A) in Unit 9, the McNeil River State Game Sanctuary and contiguous tidelands are closed to hunting;

(B) repealed 7/1/2003;

(C) state managed lands in that portion of Units 9(A) and 9(C) extending south and east of McNeil River State Game Sanctuary are closed to brown bear hunting;

(10) Unit 10:

(A) repealed 7/1/2005;

(B) repealed 7/1/2005;

(11) Unit 13:

(A) the Paxson Closed Area in Unit 13(B), which consists of the eastern drainage of the Gulkana River lying west of the Richardson Highway and the western drainage of the Gulkana River between the Denali Highway and the north end of Paxson Lake where the Gulkana River enters Paxson Lake, is closed to the taking of big game;

(B) the Sheep Mountain Closed Area which lies along the Glenn Highway in Unit 13(A) and is bounded by a line from Caribou Creek, Milepost 107 Glenn Highway, then easterly along the Glenn Highway to Milepost 123, then north to Squaw Creek, then downstream to Caribou Creek, then down Caribou Creek to the point of beginning, is closed to the taking of mountain goat and Dall sheep;

(12) Unit 15:

(A) the Moose River Closed Area near Sterling in Unit 15(A), which consists of the area on and within one-quarter mile of the Moose River between the Kenai National Moose Range boundary and the Sterling Highway, is closed to the taking of waterfowl;

(B) the Kenai Moose Research Center Closed Area in Unit 15(A), which consists of that area within the outer boundary fences of the Kenai Moose Research Center, located west and south of Coyote and Vixen Lakes is closed to hunting;

(C) the Russian River Closed Area, which consists of the area within 150 yards from each side of, and including, the Russian River from the outlet of Lower Russian Lake downstream to the confluence of the Russian River and Kenai River are closed to hunting during June and July;

(D) all land within one-fourth mile of the two wildlife underpasses on the Sterling Highway are closed to hunting;

(13) Unit 17:

(A) all islands and adjacent waters within one-half mile of each island in the Walrus Islands State Game Sanctuary, as described in AS 16.20.092, except for those islands known as the Twins and their adjacent waters are closed to hunting; however, hunting may occur on Round Island and its adjacent waters from September 10 - October 20;

(B) Unit 17(B), Nonresident Closed Area: the following areas are closed to the taking of caribou by nonresidents in the portions extending two miles on either side of, and including, the following rivers:

(i) Nushagak River beginning at the southern boundary of Unit 17(B) and extending north to the Chichitnok River, and including Harris Creek, Klutuspak Creek, King Salmon River, and the Chichitnok River;

(ii) Mulchatna River upstream to the mouth of the Chilchitna;

(iii) Nuyakuk River extending west up to the falls;

(iv) Koktuli River up to the mouth of the Swan River; and

(v) Stuyahok River to the confluence of the North/South Forks;

(14) Units 19(A), 19(B), and 19(E) Nonresident Closed Area: the following areas are closed to the taking of caribou and moose by nonresidents in the portions extending two miles on either side of, and including, the following rivers:

(A) the Holitna River, from the mouth of the Chukowan River to the Kuskokwim River;

(B) the Titnuk River, from Fuller Mountain to the Holitna River;

(D) the Aniak, Salmon, and Kipchuk Rivers, from the mouth of Bell Creek of the Salmon River to the Kuskokwim River, including the main channel of the Aniak River downstream from Atsaksovlak Creek, and the Kipchuk River from its confluence with the Aniak River to a point 25 river miles upstream;

(E) the entire length of the Owhat River;

(F) the Kolmakof River, from its confluence with the Kuskokwim River to a point five river miles upstream;

(G) the Holokuk River, from its confluence with the Kuskokwim River upstream to its confluence with Chineekluk Creek;

(H) the entire length of Veahna Creek;

(I) the Oskawalik River, from its confluence with the Kuskokwim River upstream to a point two miles north of Henderson Mountain;

(J) Crooked Creek, from its confluence with the Kuskokwim River upstream to Crevice Creek;

(K) the George River, from its confluence with the Kuskokwim River upstream to the South Fork;

(L) the Buckstock River, from its confluence with the Aniak River to a point five river miles upstream;

(M) the Doestock River, from its confluence with the Aniak River to a point five river miles upstream;

(N) the entire length of Aniak Slough; and

(O) the Kuskokwim River, from the mouth of the Holitna River downstream to the boundary of GMU 18;

(15) Unit 20:

(A) Birch Lake and the area within one-half mile of Birch Lake (Mile 56 Richardson Highway) is closed to the taking of big game;

(B) Harding Lake and the area within one-half mile of Harding Lake (Mile 44 Richardson Highway) is closed to the taking of big game;

(C) Lost Lake and the area within one-half mile of Lost Lake (Mile 56 Richardson Highway) is closed to the taking of big game with firearms and crossbows;

(D) repealed 8/10/90;

(E) repealed 6/28/96;

(F) the area within 100 feet of the Steese Highway from mile marker 84 to Twelvemile Summit is closed to the taking of caribou during the fall hunting season;

(16) Unit 26:

(A) the Prudhoe Bay Closed Area is closed to the taking of big game; this closed area consists of the area bounded by a line beginning at 70° 22' N. lat., 148° W. long., then running south approximately 14 miles to a point at 70° 10' N. lat., 148° W. long., then west approximately 15 miles to a point at 70° 10' N. lat., 148° 40' W. long., then north approximately two miles to a point at 70° 12' N. lat., 148° 40' W. long., then west approximately eight miles to a point at 70° 12' N. lat., 148° 56' W. long., then north approximately two miles to a point at 70° 15' N. lat., 148° 56' W. long., then west approximately 12 miles to a point at 70° 15' N. lat., 149° 28' W. long., then north approximately 12 miles to a point at 70° 26' N. lat., 149° 28' W. long., then east approximately 14 miles to a point at 70° 26' N. lat., 148° 52' W. long., then south approximately two miles to a point at 70° 24' N. lat., 148° 52' W. long., then east approximately 16 miles to a point at 70° 24' N. lat., 148° 11' W. long., then south approximately two miles to a point at 70° 24' N. lat., 148° 11' W. long., then east approximately six miles to the point of beginning;

(B) repealed 7/1/2004;

(17) repealed 8/10/2010;

(18) repealed 8/10/2010;

(19) repealed 7/1/2009.

(20) Unit 25:

(A) the area within 100 feet of the Steese Highway from Twelvemile Summit to mile marker 87 is closed to the taking of caribou during the fall hunting season;

(B) the area within 100 feet of the Steese Highway from mile marker 103 to mile marker 111 is closed to the taking of caribou during the fall hunting season;

(b) Proposed regulatory changes to or affecting this section, either to add or eliminate an area closed to hunting, or to expand or reduce the size of an area closed to hunting, will not be accepted for consideration outside the board's published schedule for "Areas Closed to Hunting," unless the board first approves an agenda change.

History

Authority: AS 16.05.255; AS 16.20.075; AS 16.20.162 AS 16.20.041; AS 16.20.160
Eff. 8/20/89, Register 111; am 8/10/90, Register 115; am 7/1/92, Register 122; am 7/16/95, Register 135; am 6/28/96, Register 138; am 7/1/96, Register 138; am 7/1/97, Register 142; am 7/26/97, Register 143; am 7/1/99, Register 150; add'l am 7/1/99, Register 150; am 1/3/2001, Register 156; am 8/22/2001, Register 159; am 7/1/2002, Register 162; am 12/5/2002, Register 164; am 7/1/2003, Register 166; add'l am 7/1/2003, Register 166; am 7/1/2004, Register 170; add'l am 7/1/2004, Register 170; am 7/1/2005, Register 174; add'l am 7/1/2005, Register 174; am 7/1/2007, Register 182; am 7/1/2009, Register 190; add'l am 7/1/2009, Register 190; am 8/10/2010, Register 195; am 7/1/2011, Register 198; add'l am 7/1/2011, Register 198; am 7/1/2012, Register 202; am 7/1/2015, Register 214; am 7/1/2019, Register 230; add'l am 7/1/2019, Register 230; am 6/23/2022, Register 242; am 7/1/2023, Register 246; am 7/28/2023, Register 247; am 8/10/2024, Register 251

5 AAC 92.520 Closures and restrictions in state game refuges {#sec-5-aac-92.520 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.520}

(a) Unit 1: The Mendenhall Wetlands State Game Refuge, as described in AS 16.20.034, is closed to hunting, except for waterfowl including snipe and crane during established seasons; a person may not use any off-road or all-terrain vehicle, motorcycle, or other motorized vehicle, except a boat within the refuge; a hunter for waterfowl on the Mendenhall State Game Refuge must have successfully completed a certified hunter education course, except a hunter who is 12 years of age or younger must be accompanied by an adult 21 years of age or older who has successfully completed a certified hunter education course, or must have successfully completed a certified hunter education course; before hunting in the refuge, a person must register for a permit annually with the department and demonstrate an understanding of informational materials provided at the time of registration; the permit is valid for all or specific waterfowl hunting zones within the Mendenhall Wetlands State Game Refuge, subject to closure at the discretion of the department; a person convicted of a hunting violation within the Mendenhall Wetlands State Game Refuge is not eligible to register for a permit to hunt in the refuge the following year; a hunter on the refuge shall present in the field, upon request, proof of registration; the first two days of the established waterfowl season is open to youth hunters 17 years of age or younger who are accompanied by a licensed hunter 21 years of age or older who has successfully completed a certified hunter education course and both the child and accompanying adult must register with the department.

(b) Unit 14:

(1) The Anchorage Coastal Wildlife Refuge (formerly the Potter Point State Game Refuge) in Unit 14(C), described in AS 16.20.031,

(A) is open to small game hunting with shotguns, bow and arrow, crossbow, and falconry only, and deleterious exotic wildlife hunting with bow and arrow, falconry, and air rifles with rifled barrels only, except for that portion between the Alaska Railroad and the Old Seward Highway;

(B) is closed to the use of motorized vehicles;

(C) is closed to the discharge of all firearms, except that shotguns and air rifles with rifled barrels only may be used in those areas open to hunting north and west of a line extending south from the radio tower located at the Kincaid Park motorcross area and south and east of a line extending from an ADF&G regulatory marker at the point where Furrow Creek enters the refuge through a second ADF&G regulatory marker west of Furrow Creek from September 1 through March 31; before hunting, a person wishing to hunt with a shotgun, air rifle with a rifled barrel, a bow and arrow, or a crossbow must complete a certified hunter safety course and must register annually with the department; a person convicted of a hunting violation in one year is not eligible to register to hunt in the Anchorage Coastal Wildlife Refuge the following year; a hunter using a shotgun, air rifle with a rifled barrel, bow and arrow, or a crossbow shall present in the field, upon request, the registration permit; in addition, a person may not intentionally distribute bread scraps, cereal grains, corn, or other waterfowl foods, or otherwise feed waterfowl or other wildlife, except for authorized management purposes;

(2) repealed 7/1/2005.

(c) Unit 20: In the Creamer's Field Migratory Waterfowl Refuge, hunting and trapping are allowed only after registering with the department; the department may use its discretionary authority under 5 AAC 92.051 and 5 AAC 92.052 to implement the management plan for the refuge developed by the department.

(d) Unit 9: The McNeil River State Game Refuge is closed to brown bear hunting.

History

Authority: AS 16.05.255; AS 16.20.036; AS 16.20.075 AS 16.20.031; AS 16.20.039 AS 16.20.034; AS 16.20.041
Eff. 8/20/89, Register 111; am 8/10/91, Register 119; am 7/1/92, Register 122; am 4/25/96, Register 138; am 7/1/96, Register 138; am 7/26/97, Register 143; am 7/1/2003, Register 166; am 7/1/2005, Register 174; am 7/1/2006, Register 178; am 7/1/2007, Register 182; add'l am 7/1/2007, Register 182; am 1/1/2008, Register 184; am 7/1/2019, Register 230; add'l am 7/1/2019, Register 230; am 7/1/2023, Register 246

5 AAC 92.530 Management areas {#sec-5-aac-92.530 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.530}

The following management areas are subject to special restrictions:

(1) the Joint Base Elmendorf-Richardson (JBER) Management Area:

(A) the area consists of the Joint Base Elmendorf-Richardson (JBER) Military Reservation;

(B) the area is open to the taking of big game by permit only; small game, unclassified game, and fur animals in areas designated by the base commander; the department will set conditions under 5 AAC 92.050; a person wishing to hunt small game must have successfully completed a certified hunter education course.

(C) up to 25 percent of the drawing permits will be issued to applicants who are qualified disabled veterans and qualified disabled active-duty military personnel; an applicant under this subparagraph must either

(i) possess a United States military physician's affidavit stating that the applicant has a 50 percent or greater service-connected disability; or

(ii) be certified by the United States Department of Veterans Affairs as having incurred a 50 percent or greater service-connected disability;

(2) the Eagle River Management Area:

(A) the area consists of the Eagle River drainage upstream from the Glenn Highway in Unit 14(C);

(B) the area is closed to hunting, except

(i) sheep hunting by permit;

(ii) black and brown bear hunting by permit; before hunting a bear, a person wishing to hunt must complete a hunter safety course for which a certification of completion is issued;

(iii) small game may be taken by archery, shotgun, falconry, crossbow, or muzzleloader by permit;

(iv) deleterious exotic wildlife may be taken by air rifle with rifled barrel, bow and arrow (with blunts or other special small-game points), and falconry only;

(v) goat hunting by permit;

(3) the Anchorage Management Area:

(A) the area consists of all Cook Inlet drainages south of the Joint Base Elmendorf-Richardson (JBER) Military Reservation and north of and including Rainbow Creek, but excluding the Anchorage Coastal Wildlife Refuge;

(B) the Anchorage Management Area is closed to hunting, except that

(i) moose hunting is allowed by permit only;

(ii) small game and waterfowl may be taken by falconry, except that waterfowl may not be taken in the Ship Creek drainage west of Post Road;

(iii) deleterious exotic wildlife may be taken by air rifle with rifled barrel, bow and arrow (with blunts or other special small-game points), and falconry only;

(4) the Eklutna Lake Management Area:

(A) the area consists of the drainages of Eklutna River and Eklutna Lake in Unit 14(C) upstream from the Glenn Highway, excluding those drainages flowing into the East Fork of Eklutna River upstream from the bridge above the Lake and Thunderbird Creek;

(B) the area is closed to hunting, except that

(i) small game may be taken by falconry or bow and arrow only, from September 1 through April 30;

(ii) moose hunting is allowed by permit with bow and arrow only;

(iii) black bear may be taken by bow and arrow only, from September 1 through May 31; a person wishing to hunt a black bear must complete a hunter safety course for which a certification of completion is issued;

(iv) sheep may be taken by permit, and by bow and arrow only, from September 1 through October 31;

(v) brown bear hunting is allowed by permit with bow and arrow only, from September 1 through May 31; a person wishing to hunt a brown bear must complete a hunter safety course for which a certification of completion is issued;

(5) the Chugach State Park Management Area:

(A) the area consists of that portion of Chugach State Park outside of the Eagle River, Anchorage, and Eklutna Management Areas;

(B) the area is open to hunting under regulations governing Unit 14(C), except as follows:

(i) black bear hunting is open from September 1 through May 31, for one bear only;

(ii) no hunting is allowed for squirrel, wolf, wolverine, coyote, and unclassified game;

(iii) small game hunting is prohibited in the Tokle Creek drainage (Arctic Valley Ski Area);

(iv) brown bear hunting is open by drawing permit only from September 1 through May 31;

(6) the Skilak Loop Wildlife Management Area:

(A) the area consists of that portion of Units 15(A) and 15(B) bounded by a line beginning at the easternmost junction of the Sterling Highway and the Skilak Loop Road (milepost 58), then due south to the south bank of the Kenai River, then southerly along the south bank of the Kenai River to its confluence with Skilak Lake, then westerly along the north shore of Skilak Lake to Lower Skilak Lake Campground, then northerly along the Lower Skilak Lake Campground Road and the Skilak Loop Road to its westernmost junction with the Sterling Highway (milepost 75.1), then easterly along the Sterling Highway to the point of origin;

(B) the area is closed to hunting and trapping, except that

(i) moose may be taken by permit only;

(ii) small game may be taken by;

(a) falconry or bow and arrow only from October 1 through March 1; and

(b) standard .22 caliber rimfire firearm, crossbow, and shotgun only, by hunters 17 years old or younger accompanied by a licensed hunter 21 years old or older who has successfully completed a certified hunter education course if the youth has not successfully completed a certified hunter education course;

(iii) wolf, coyote, and lynx may be taken under applicable hunting regulations from November 10 through March 31, except within 1/4 mile of the Engineer, Kelly, Petersen, and Hidden Lake campgrounds and within 1/4 mile of boat launches.

(7) the Dalton Highway Corridor Management Area:

(A) the area consists of those portions of Units 20 and 24 - 26 extending five miles from each side of the Dalton Highway, including the driveable surface of the Dalton Highway, from the Yukon River to the Arctic Ocean, and including the Prudhoe Bay Closed Area;

(B) the area within the Prudhoe Bay Closed Area is closed to the taking of big game; the remainder of the Dalton Highway Corridor Management Area is open to the take of furbearers and is closed to hunting; however, big game, small game, and fur animals may be taken in the area by bow and arrow only, and small game may be taken by falconry;

(D) any hunter traveling on the Dalton Highway must stop at any check station operated by the department within the Dalton Highway Corridor Management Area;

(8) the Minto Flats Management Area:

(A) the area consists of that portion of Unit 20 bounded by the Elliott Highway beginning at Mile 118, then northeasterly to Mile 96, then east to the Tolovana Hotsprings Dome, then east to the Winter Cat Trail, then along the Cat Trail south to the Old Telegraph Trail at Dunbar, then westerly along the trail to a point where it joins the Tanana River three miles above Old Minto, then along the north bank of the Tanana River (including all channels and sloughs except Swanneck Slough), to the confluence of the Tanana and Tolovana Rivers and then northerly to the point of beginning;

(B) the area is open to moose hunting except that aircraft and airboats may not be used for moose hunting or to transport moose, moose hunters, or moose hunting equipment within the Minto Flats Management Area;

(9) the Tok Management Area:

(A) the area consists of those portions of Units 12, 13(C), and 20(D) bounded by a line along the Alaska Highway east from the west side of the Johnson River bridge to Tok Junction, then south along the Tok-Slana cutoff (Glenn Highway) to the Slana River; then west along the north bank of the Slana River to its confluence with Lost Creek, then up the north side of Lost Creek to the divide between Lost Creek and Jack Creek, then north to the Unit 12 boundary, then west along the Unit 12 boundary to Mount Kimball (63° 17´ N. lat., 144° 40´ W. long.), then west in a straight line to Mount Gakona (63° 17´ N. lat., 145° 12´ W. long.), then southwesterly to the head of Canwell Glacier, then northerly to the head of the Johnson Glacier, then northerly along the west bank of the Johnson Glacier and Johnson River to the Johnson River bridge;

(B) the area is open to sheep hunting by permit only;

(10) the Fairbanks Management Area:

(A) this area consists of that portion of Unit 20(B) bounded by a line from the confluence of Rosie Creek and the Tanana River, northerly along Rosie Creek to the middle fork of Rosie Creek through Section 26 to the Parks Highway, then east along the Parks Highway to Alder Creek, then upstream along Alder Creek to its confluence with Emma Creek, then upstream along Emma Creek to its headwaters, then northerly along the hydrographic divide between Goldstream Creek drainages and Cripple Creek drainages to the summit of Ester Dome, then down Sheep Creek to its confluence with Goldstream Creek, then easterly along Goldstream Creek to Sheep Creek Road, then north on Sheep Creek Road to Murphy Dome Road, then west on Murphy Dome Road to Old Murphy Dome Road, then east on Old Murphy Dome Road to the Elliot Highway, then south on the Elliot Highway to Davidson Ditch, then southeasterly along the Davidson Ditch to its confluence with the tributary to Goldstream Creek in Section 29, then downstream along the tributary to its confluence with Goldstream Creek, then in a straight line to First Chance Creek, then up First Chance Creek to the summit of Tungsten Hill, then southerly along Steele Creek to its intersection with the Trans-Alaska Pipeline right-of-way, then southeasterly along the easterly edge of the Trans-Alaska Pipeline right-of-way to the Chena River, then along the north bank of the Chena River to the Moose Creek dike, then southerly along Moose Creek dike to its intersection with the Tanana River, and then westerly along the north bank of the Tanana River to the point of beginning;

(B) the area is open to moose hunting by bow and arrow only, except that the portion within Creamer's Refuge is open to moose hunting by bow and arrow and muzzleloader only;

(i) possess a United States military physician's affidavit stating that the applicant has a 50 percent or greater service-connected disability; or

(ii) be certified by the United States Department of Veterans Affairs as having incurred a 50 percent or greater service-connected disability;

(D) from April 15 through October 1, waterfowl on Chena Slough may be taken by falconry and bow and flu-flu arrow only;

(11) the Birchwood Management Area:

(A) the area consists of all land bounded on the south and west by Eagle River and the Joint Base Elmendorf-Richardson (JBER) Military Reservation, on the east by the Glenn Highway, and on the north by Peters Creek;

(B) the area is closed to hunting, except that

(i) small game may be taken by air rifle with rifled barrel, shotgun, falconry, crossbow, and bow and arrow only, north and west of the Alaska Railroad;

(ii) moose hunting is allowed by drawing permit, by bow and arrow only;

(iii) deleterious exotic wildlife may be taken by air rifle with rifled barrel, bow and arrow (with blunts or other special small-game points), and falconry only;

(12) the Ferry Trail Management Area:

(A) the area consists of that portion of Unit 20(A) bounded on the north by the Rex Trail; bounded on the west by the east bank of the Nenana River from its intersection with the Rex Trail south to the divide forming the north boundary of the Lignite Creek drainage; bounded on the south by that divide easterly and southerly to the headwaters of Sanderson Creek at Usibelli Peak, then along a southwesterly line to the confluence of Healy Creek and Coal Creek, then upstream easterly along the south bank of Healy Creek to the north fork of Healy Creek, then along the north fork of Healy Creek to its headwaters; bounded on the east by a straight line from the headwaters of the north fork of Healy Creek to the headwaters of Dexter Creek, then along the east bank of Dexter Creek to the Totatlanika River, then down the east bank of Totatlanika River to the Rex Trail;

(B) the area is open to caribou hunting by permit only;

(13) the Healy-Lignite Management Area:

(A) the area consists of that portion of Unit 20(A) that includes the entire Lignite Creek drainage, and that portion of the Nenana River drainage south of the Lignite Creek drainage and north of a boundary beginning at the confluence of the Nenana River and Healy Creek, then easterly along the south bank of Healy Creek to its confluence with Coal Creek, then northeasterly to the headwaters of Sanderson Creek at Usibelli Peak;

(B) the area is open to hunting by bow and arrow only, and small game may be taken by shotgun and falconry;

(14) Lime Village Management Area:

(A) the area consists of that portion of Unit 19(E) drained by the Stoney River from the mouth of the Stink River, including the Stink River drainage, upstream to but not including the Can Creek drainage;

(B) the area is open to caribou hunting as specified in 5 AAC 85.025(a)(14);

(15) repealed 7/1/2004;

(16) repealed 7/1/2004;

(17) repealed 7/1/2004;

(18) the Palmer-Wasilla Management Area:

(A) the area consists of that portion of Unit 14(A) bounded by a line beginning at the intersection of the George Parks Highway and the Glenn Highway, then east and north along the Glenn Highway to the Palmer Fishhook Road, then west and north along the Palmer Fishhook Road to the Faulk Road intersection, then west along the road and section line to Tex Al Drive and along Tex Al Drive to the Wasilla Fishhook Road, then south along the Wasilla Fishhook Road to Welch Road, then west along Welch Road to the south bank of the Little Susitna River, then west along the south bank of the Little Susitna River to the bridge at North Shushana Drive, then south along North Shushana Drive to Shrock Road, then west along Shrock Road to Church Road, then south along Church Road to the George Parks Highway, then west along the George Parks Highway to Vine Road, then south along Vine Road to Knik Goose Bay Road, then north along Knik Goose Bay Road to Fairview Loop Road, then south and east along Fairview Loop Road to the George Parks Highway, then east along the George Parks Highway to the intersection with the Glenn Highway;

(B) the area is closed to hunting except that

(i) big game may be taken by muzzleloader, shotguns with slugs, crossbow, and bow and arrow only;

(ii) small game, deleterious exotic wildlife, and fur animals may be taken by muzzleloader, shotgun, air rifle, falconry, and bow and arrow only;

(iii) waterfowl on Finger Lake may be taken by falconry, and bow and flu-flu arrow only;

(iv) fur animals and furbearers taken under a trapping license by methods other than by trapping or snaring may be taken by muzzleloader, shotgun, air rifle, falconry, or bow and arrow only;

(19) the Delta Junction Management Area:

(A) the area consists of that portion of Unit 20(D) bounded by a line beginning at the confluence of Donnelly Creek and the Delta River, then up Donnelly Creek to the Richardson Highway (Mile 238), then north along the east side of the highway to the "12 Mile Crossing Trail" (Mile 252.4), then east along the south side of the "12 Mile Crossing Trail" and across Jarvis Creek to the 33-Mile Loop Road, then northeast along the 33-Mile Loop Road to the intersection with the Alaska Highway (Mile 1414), then southeast along the north side of the Alaska Highway to the bridge at Sawmill Creek (Mile 1403.9), then down the west bank of Sawmill Creek to its confluence with Clearwater Creek and down the south bank of Clearwater Creek to its confluence with the Tanana River, then down the Tanana River to its confluence with the Delta River, and upstream along the east bank of the Delta River to the point of beginning at Donnelly Creek;

(B) the area is open to moose hunting by permit only;

(i) be certified by the United States Department of Veterans Affairs as a recipient of the Purple Heart Medal; and

(ii) be certified by the United States Department of Veterans Affairs as having incurred a 100 percent service-connected disability;

(20) repealed 7/1/2005;

(21) the Upper Holitna-Hoholitna Management Area:

(A) the area consists of all portions of Unit 19(B) within the Aniak, Kipchuk, Salmon, Holitna, and Hoholitna river drainages;

(B) all hunters in the area passing a check station established by the department must stop at that check station;

(C) a moose or caribou taken in the area by a hunter accessing the area by aircraft must be transported out of the area by aircraft;

(22) repealed 7/1/2014;

(23) repealed 7/1/2023;

(24) the Petersburg Management Area:

(A) the area consists of that portion of Unit 3 on Mitkof Island north and west of a line from Frederick Point to the highest point in Section 8, T59S, R80E, to the highest point in Section 7, T59S, R80E, to the highest point in Section 13, T59S, R79E, to the highest point in Section 23, T59S, R79E; then due south to 56° 42´ 24´´ N;

(B) the area is closed to hunting except that game may be taken by bow and arrow only in areas south of Haugen Drive and outside of 100 yards of any airport property, dwellings, businesses, highways, roads, or streets; and small game may be taken by falconry;

(25) the Pt. MacKenzie Youth Hunt Management Area:

(A) the area consists of that southwestern portion of Unit 14(A) bounded on the west by the Little Susitna River, bounded on the north by a line along Knik-Goose Bay Road from mile 14 to its junction with Pt. MacKenzie Road, then along Pt. MacKenzie Road, Ayrshire Road, and Little Susitna Access Road to the Little Susitna River;

(B) the area is open to moose hunting by drawing permit issued to a child, in addition to other legal seasons; the department may issue a drawing permit to a child, as follows:

(i) the permit may be issued to a child aged 10 to 17 who must be accompanied in the field by an adult 21 years of age or older, with the child being the permittee;

(ii) a moose harvested under a permit issued under this paragraph will count against the bag limits of both the child and accompanying adult;

(iii) only the child may shoot a moose, except that the accompanying adult may shoot the moose only to prevent the moose from escaping after having been wounded by the child;

(iv) in addition to the permit specified in this paragraph, the child and accompanying adult must have the licenses, harvest tickets, and tags required under this title and AS 16 in possession while in the field;

(26) the Kodiak Road System Youth Hunt Management Area:

(A) Unit 8, that portion of Kodiak Island north of a line from the head of Settlers Cove to Crescent Lake (57° 52´ N. lat., 152° 58´ W. long.), and east of a line from the outlet of Crescent Lake to Mount Ellison Peak and from Mount Ellison Peak to Pokati Point at Whale Passage, and that portion of Kodiak Island east of a line from the mouth of Saltery Creek to the mouth of Elbow Creek;

(B) the area is open to deer hunting by a child aged 10 to 17 by bow and arrow, crossbow, or muzzleloader only, as follows:

(i) the child must have successfully completed a department-approved hunter education class;

(ii) the child hunting with a muzzleloader must have successfully completed a department-approved muzzleloader hunter education course that includes ballistic limitations of muzzleloading weapons and a proficiency test;

(iii) the child hunting with a bow and arrow must have successfully completed a department-approved bowhunter education course;

(iv) the child hunting with a crossbow must have successfully completed a department-approved crossbow education course;

(27) the Yakutat Youth Hunt Management Area:

(A) Unit 5(A);

(B) the area is open to deer hunting from October 15 through October 31 by a child aged 10 to 17 years of age who has successfully completed a department-approved hunter education class and who is accompanied by a licensed resident adult aged 21 years of age or older;

(28) Unit 16(B) Youth Hunt Management Area;

(A) the area consists of the mainland portion of Unit 16(B);

(B) in addition to other legal seasons, the area is open to moose hunting by a drawing permit issued to a child; the department may issue a permit to a child, as follows:

(i) a permit may be issued to a resident child aged 10 to 17 who will be accompanied in the field by a resident adult 21 years of age or older, with the child being the permittee;

(ii) permittees must have successfully completed a certified basic hunter education course;

(iii) a moose harvested under a permit issued under this section will count against the bag limits of both the child and accompanying adult;

(iv) only the child may shoot a moose, except that the accompanying adult may shoot the animal only to prevent the animal from escaping after having been wounded by the child;

(v) in addition to the permit specified in this section, the child and accompanying adult must have the licenses, harvest tickets, and tags required under this title and AS 16 in possession while in the field;

(29) repealed 7/1/2014.

(30) the Hatcher Pass Youth Hunt Management Area:

(A) the area consists of that portion of Unit 14(A) within the upper Little Susitna River drainage upstream of mile 13.6 on Hatcher Pass Road (Gold Mint Trail parking area) and 1/4 mile away from the road including Archangel and Fishhook Creeks, and upper Little Susitna River drainages. Also, portions of the upper Willow Creek drainage upstream of the confluence of Willow and Craigie Creeks, including Grubstake Gulch and Homestake Creeks, Summit Lake, and Bullion and Skyscraper Mountains. There is no discharge of firearms allowed within 1/4 mile of the road;

(B) from August 10 to August 25, the area is closed to small game hunting except that small game may be taken by a hunter 17 years old or younger accompanied by a licensed hunter 21 years old or older who has successfully completed a certified hunter education course if the youth hunter has not successfully completed a certified hunter education course;

(31) the Eastern Brooks Range Management Area consists of those portions of Unit 25(A) bounded on the east by the East Fork Chandalar River beginning at the confluence of Red Sheep Creek and proceeding southwesterly downstream to the confluence with Crow Nest Creek, continuing up Crow Nest Creek, through Portage Lake, to its confluence with the Junjik River, then down the Junjik River past Timber Lake and a larger tributary to a major, unnamed tributary northwesterly, for approximately six miles where the stream forks into two roughly equal drainages, the boundary follows the easternmost fork proceeding almost due north to the headwaters and intersects the Continental Divide; the boundary then follows the Continental Divide easterly, through Carter Pass, then easterly and northeasterly approximately 62 miles along the divide to the headwaters of the most northerly tributary of Red Sheep Creek, then follows southerly along the divide designating the eastern extreme of the Red Sheep Creek drainage, and then to the confluence of Red Sheep Creek and the East Fork Chandalar River.

History

Authority: AS 16.05.255; AS 16.05.258; AS 16.05.789
Eff. 8/20/89, Register 111; am 8/9/90, Register 115; am 8/10/90, Register 115; am 8/12/90, Register 115; am 12/27/90, Register 116; am 6/16/91, Register 118; am 7/1/92, Register 122; add'l am 7/1/92, Register 122; readopt 5/13/93, Register 126; am 7/7/94, Register 131; am 7/16/95, Register 135; am 4/25/96, Register 138; am 6/28/96, Register 138; am 7/26/97, Register 143; am 7/1/98, Register 146; add'l am 7/1/98, Register 146; am 7/1/99, Register 150; am 7/1/2000, Register 154; am 7/1/2001, Register 158; add'l am 7/1/2001, Register 158; am 12/28/2001, Register 160; am 7/1/2002, Register 162; am 7/25/2002, Register 163; am 12/22/2002, Register 164; am 7/1/2003, Register 166; am 7/1/2004, Register 170; am 7/1/2005, Register 174; add'l am 7/1/2005, Register 174; am 7/27/2005, Register 175; am 9/12/2005, Register 176; am 7/1/2007, Register 182; 1st add'l am 7/1/2007, Register 182; 2nd add'l am 7/1/2007, Register 182; am 11/24/2007, Register 184; am 7/1/2008, Register 186; am 7/1/2009, Register 190; am 7/1/2011, Register 198; am 7/1/2012, Register 202; add'l am 7/1/2012, Register 202; am 7/1/2013, Register 206; 1st add'l am 7/1/2013, Register 206; 2nd add'l am 7/1/2013, Register 206; am 7/1/2014, Register 210; add'l am 7/1/2014, Register 210; am 7/1/2015, Register 214; add'l am 7/1/2015, Register 214; am 7/1/2018, Register 226; am 7/1/2019, Register 230; am 7/1/2019, Register 230; add'l am 7/1/2019, Register 230; am 7/1/2020, Register 234; am 6/23/2022, Register 242; am 7/1/2023, Register 246

5 AAC 92.540 Controlled use areas {#sec-5-aac-92.540 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.540}

In the following areas, access for hunting is controlled as specified:

(1) Unit 4:

(A) Northeast Chichagof Controlled Use Area:

(i) the area consists of that portion of Unit 4 on Chichagof Island north of Tenakee Inlet and east of the drainage divide from the northwest point of Gull Cove to the Port Frederick Portage, including all drainages into Port Frederick and Mud Bay;

(ii) the area is closed to the use of any motorized land vehicle for brown bear hunting, including the transportation of brown bear hunters, their hunting gear, or parts of brown bears, except as provided under terms of a registration hunt permit;

(2) Unit 9:

(A) the Naknek Controlled Use Area:

(i) the area consists of that portion of Unit 9(C) within the Naknek River drainage upstream from and including the King Salmon Creek drainage;

(ii) the area is closed to the use of any motorized vehicle except an aircraft, boat, or snowmachine for hunting, including the transportation of hunters, their hunting gear, or parts of game, from August 1 through November 30; however, this provision does not apply to a motorized vehicle on the Naknek-King Salmon, Lake Camp, and Rapids Camp roads, and on the Pike Ridge and King Salmon Creek trails, and on frozen surfaces of the Naknek River and Big Creek;

(B) the Izembek Controlled Use Area:

(i) the area consists of that portion of Izembek National Wildlife Refuge (NWR), commonly known as the Left Hand Valley and Right Hand Valley, bounded on the west by a line beginning at Moffet Point and continuing easterly and southerly around Moffet Lagoon along the mean high tide line to Blaine Point (locally known as Strawberry Point), then southerly along a line to the northern shore of Kinzarof Lagoon, continuing easterly and southerly around Kinzarof Lagoon along the mean high tide line to a point on the eastern entrance of Kinzarof Lagoon; bounded to the south, east, and north by the Izembek NWR boundary;

(ii) the area is closed to the use of any motorized vehicle, except outboard motor-powered boats, for hunting, including the transportation of hunters, their hunting gear, or parts of game;

(3) Units 13 and 20:

(A) the Delta Controlled Use Area:

(i) the area consists of those portions of Units 13(B), 20(A), and 20(D) beginning at the confluence of Miller Creek and the Delta River then west to VABM Miller, then west to include all drainages of Augustana Creek and Black Rapids Glacier, then north and east to include all drainages of McGinnis Creek to its confluence with the Delta River, then east in a straight line across the Delta River to the east bank of the Delta River, then north along the east bank to a point opposite the intersection of the Alaska and Richardson Highways, then east in a straight line to the intersection of the Alaska and Richardson Highways, then east along the Alaska Highway to the west bank of the Johnson River, then south along the west bank of the Johnson River and Johnson Glacier to the head of the Canwell Glacier, then west along the north bank of the Canwell Glacier and Miller Creek to the Delta River;

(ii) the area is closed to the use of any motorized vehicle or pack animal for big game hunting, including the transportation of big game hunters, their hunting gear, or parts of big game from August 5 through August 25; however, this provision does not prohibit motorized access, or transportation of game, on the Richardson Highway, or the use of aircraft to and from the Charlie Boyd airstrip (63° 29' 30" N. lat., 144° 50' 45" W. long.) along the Johnson River;

(B) the Sourdough Controlled Use Area:

(i) the area consists of that portion of Unit 13(B) bounded by a line beginning at the confluence of Sourdough Creek and the Gulkana River, then northerly along Sourdough Creek to approximately mile 148 of the Richardson Highway, then northerly along the Richardson Highway to the Middle Fork Trail at approximately mile 170 of the Richardson Highway, then westerly along the trail to the Gulkana River, then southerly along the east bank of the Gulkana River to its confluence with Sourdough Creek, the point of beginning;

(ii) the area is closed to the use of any motorized vehicle for hunting, including the transportation of hunters, their hunting gear, or parts of game; however, this provision does not prohibit motorized access, or transportation of game, on the Richardson Highway, Gulkana River, Sourdough Creek Campground or boat launch, Sourdough and Haggard Creeks, Middle Fork, and Haggard Creek trails, or other trails designated by the department;

(i) the area consists of that portion of Unit 13(B) north of the Denali Highway, west of a boundary 100 feet east of the length of the Maclaren Summit trail that starts from the Denali Highway and heads north, and including the MacLaren River drainage, east of and including the eastern bank drainages of the Susitna River downstream from and including the Susitna Glacier, and the eastern bank of the Susitna River;

(ii) the area is closed to the use of any motorized vehicle for hunting, including the transportation of hunters, their hunting gear, or parts of game, except for brown/grizzly bears, wolves, and small game from March 15 through June 30; however, this provision does not prohibit motorized access, or transportation of game, on the Denali Highway and adjacent highway vehicle parking areas;

(D) the Tonsina Controlled Use Area:

(i) the area consists of that portion of Unit 13(D) bounded on the west by the Richardson Highway from the Tiekel River to the Tonsina River at Tonsina, on the north along the south bank of the Tonsina River to where the Edgerton Highway crosses the Tonsina River, then along the Edgerton Highway to Chitina, on the east by the Copper River from Chitina to the Tiekel River, and on the south by the north bank of the Tiekel River;

(ii) the area is closed to the use of any motorized vehicle or pack animal for hunting, including the transportation of hunters, their hunting gear, or parts of game, from July 26 through September 30;

(E) the Glacier Mountain Controlled Use Area:

(i) the area consists of that portion of Unit 20(E) bounded by a line beginning at mile 140 of the Taylor Highway, then north along the highway to Eagle, then west along the cat trail from Eagle to Crooked Creek, then from Crooked Creek southwest along the west bank of Mogul Creek to its headwaters on North Peak, then west across North Peak to the headwaters of Independence Creek, then southwest along the west bank of Independence Creek to its confluence with the North Fork of the Fortymile River, then easterly along the south bank of the North Fork of the Fortymile River to its confluence with Champion Creek, then across the North Fork of the Fortymile River to the south bank of Champion Creek and easterly along the south bank of Champion Creek to its confluence with Little Champion Creek, then northeast along the east bank of Little Champion Creek to its headwaters, then northeasterly in a direct line to mile 140 of the Taylor Highway;

(ii) the area is closed to the use of any motorized vehicle for hunting, including the transportation of hunters, their hunting gear, or parts of game, from July 26 through September 20; however, this provision does not prohibit motorized access via, or transportation of game on, the Taylor Highway or any airport, or the transportation into the area of game meat that has been processed for human consumption;

(F) the Wood River Controlled Use Area:

(i) the area consists of that portion of Unit 20(A) bounded on the north by the south side of the Rex Trail beginning at its intersection with the Totatlanika River, then easterly along the Rex Trail to Gold King airstrip, then from Gold King airstrip along the trail's extension along the north side of Japan Hills to the Wood River; bounded on the east by the east bank of the Wood River, including the Wood River drainage upstream from and including the Snow Mountain Gulch Creek drainage; bounded on the south by the divide separating the Yanert River drainage from the drainages of Healy Creek, Moody Creek, Montana Creek, and the Wood River; and bounded on the west by the east bank of the Nenana River from the divide separating the drainage of the Yanert River and Montana Creek north to Healy Creek, then easterly along the south bank of Healy Creek to the north fork of Healy Creek, then along the north fork of Healy Creek to its headwaters, then along a straight line to the headwaters of Dexter Creek, then along the east bank of Dexter Creek, to the Totatlanika River, and then down the east bank of the Totatlanika River to the Rex Trail;

(ii) the area is closed to the use of any motorized vehicle, except aircraft, for big game hunting, including the transportation of big game hunters, their hunting gear, or parts of big game, from August 1 through September 30; however, this provision does not prohibit motorized access via, or transportation of game on, the Parks Highway, or the transportation into the area of game meat that has been processed for human consumption;

(G) the Macomb Plateau Controlled Use Area:

(i) the area consists of that portion of Unit 20(D) south of the Alaska Highway, draining into the south side of the Tanana River between the east bank of the Johnson River upstream to Prospect Creek, and the east bank of Bear Creek at mile 1357.3 of the Alaska Highway;

(ii) the area is closed to the use of any motorized vehicle for hunting, including the transportation of hunters, their hunting gear, or parts of game, from August 10 through September 30, except for a floatplane on Fish Lake and motorized vehicles, including aircraft, to, from, and on the Dry Creek Airstrip at mile 1379 of the Alaska Highway; however, this provision does not prohibit the transportation into the area of game meat that has been processed for human consumption;

(H) the Yanert Controlled Use Area:

(i) the area consists of that portion of Unit 20(A) drained by the Nenana River upstream from and including the Yanert Fork drainage;

(ii) the area is closed to the use of any motorized vehicle, except aircraft, for big game hunting, including the transportation of big game hunters, their hunting gear, or parts of big game from August 1 through October 31; however, this provision does not prohibit motorized access, or transportation of game, on the Parks Highway, or the transportation into the area of game meat that has been processed for human consumption;

(I) the Ladue River Controlled Use Area:

(i) the area consists of that portion of Unit 20(E) bounded on the west by the east bank of the Dennison Fork of the Fortymile River from its confluence with the South Fork of the Fortymile River upstream to the confluence with the unnamed creek that drains north from Son Mountain, then south along the east bank of that unnamed creek to the top of Son Mountain; bounded on the south by a straight line east from the top of Son Mountain to the north bank of the Ladue River, then along the north bank of the Ladue River to the Alaska-Canada border; bounded on the east by the Alaska-Canada border; and bounded on the north by the intersection of the Alaska-Canada border with the divide defining the northern edge of the Sixtymile River drainage, then westerly along this divide to the unnamed tributary of Liberty Creek at 63° 53.630' N. lat., 141° 150.370' W. long., then downstream along the south bank of the unnamed tributary of Liberty Creek to its confluence with Liberty Creek, then downstream along the south bank of Liberty Creek to the confluence with the Walker Fork of the Fortymile River, then downstream along the west bank of the Walker Fork of the Fortymile river to the Taylor Highway, then westerly along the Taylor Highway to the Taylor Highway bridge over the South Fork of the Fortymile River, then upstream along the east bank of the South Fork of the Fortymile River to the confluence with the Dennison Fork of the Fortymile River;

(ii) the area is closed to the use of a motorized land vehicle for hunting, including the transportation of hunters, their hunting gear, or parts of game, from August 24 through September 20; this provision does not prohibit motorized access or transportation of game on the Nine Mile and Liberty Creek Trails, the Alaska-Canada border, or the Boundary Cutoff of the Taylor Highway, or the transportation into the area of game meat that has been processed for human consumption; in this sub-subparagraph, the Nine Mile Trail only refers to the single primary ATV trail beginning along the Taylor Highway at 63° 24.233' N. lat., 142° 28.422' W. long., entering the western portion of the defined controlled use area at 62° 23.879' N. lat., 142° 9.073' W. long., and terminating at 62° 32.420' N. lat., 141° 27.995' W. long., including connected bypasses no more than 20 feet;

(J) repealed 7/1/2004;

(K) the Bison Range Controlled Use Area: the area is closed to motorized vehicles for hunting from July 1 - September 30, including the transportation of hunters, hunting gear, or parts of game in the area; the area consists of two field hunting areas within the Delta Junction Bison Range in Unit 20(D) as follows:

(i) the Panoramic Field hunting area is located three-quarters of a mile south of the Alaska Highway between Milepost 1404.0 and 1407.6, and bounded by a line beginning at the northeast corner (63° 53.299' N. lat., 145° 14.714' W. long.), then northwest 3.5 miles to 63° 54.956' N. lat., 145° 20.767' W. long., then southwest 2.4 miles to 63° 53.206' N. lat., 145° 23.232' W. long., then southeast 1.5 miles to 63° 52.537' N. lat., 145° 20.758' W. long., then northeast 1.0 mile to 63° 53.301' N.lat., 145° 19.659' W. long., then southeast 2.0 miles to 63° 52.330' N. lat., 145° 16.075' W. long., then northeast 1.0 miles to the beginning point; and

(ii) the Gerstle Field hunting area is located three-quarters of a mile south of the Alaska Highway between Milepost 1394.1 and 1396.8, and bounded by a line beginning at the northeast corner (63° 48.984' N. lat., 144° 57.766' W. long.), then northwest 2.9 miles to 63° 50.242' N. lat., 145° 02.874' W. long., then southwest 1.1 miles to 63° 49.102' N. lat., 145° 04. 197' W. long., then southeast 2.3 miles to 63° 48.239' N. 1at., 145° 00.339' W. long., then northeast 1.6 miles to the beginning point;

(4) Unit 15:

(A) the Kenai Controlled Use Area:

(i) the area consists of that portion of Unit 15(A) north of the Sterling Highway;

(ii) the area is closed to use of aircraft for hunting moose, including the transportation of a moose hunters, their hunting gear, or parts of moose; however, this provision does not apply after 12:01 a.m., September 11, and does not apply to the transportation of a moose hunters, their hunting gear, or parts of moose by aircraft to or from a publicly owned airport;

(B) the Lower Kenai Controlled Use Area:

(i) the area consists of Unit 15(C);

(ii) the area is closed to the use of any motorized vehicle except an aircraft or boat for moose hunting, including the transportation of moose hunters, their hunting gear, or parts of moose from September 16 through September 19 and September 22 through September 25; however, this provision does not apply to the use of a motorized vehicle on a highway maintained by the state or borough or on the gravel portions of Oilwell, Brody, and Tustumena Lake Roads or a driveway used for direct access to a primary residence or business;

(iii) during the periods specified in (ii) of this subparagraph, a hunter who travels by motorized vehicle on the Unit 15(C) highway system and then leaves and travels off that highway system in that motorized vehicle may not hunt moose, including transporting moose hunters, their hunting gear, or parts of moose, or in any other manner initiate or participate in moose hunting activities, until after the hunter returns the motorized vehicle to the Unit 15(C) highway system; upon returning the motorized vehicle to that highway system, the hunter may initiate or participate in legal moose hunting activities so long as the hunter leaves the motorized vehicle on the Unit 15(C) highway system;

(5) Unit 17:

(A) the Upper Mulchatna Controlled Use Area:

(i) the area consists of Unit 17(B);

(ii) the area is closed to the use of any motorized vehicle for hunting big game, including the transportation of big game hunters, their hunting gear, or parts of big game from August 1 through November 1, except that the use of an aircraft or a boat is not prohibited, and a motorized vehicle in a legally permitted hunting camp is not prohibited;

(6) Unit 18:

(A) the Kalskag Controlled Use Area:

(i) the area consists of that portion of Unit 18 bounded by a line from the confluence of the Mud Creek Tramway and Mud Creek, northwesterly to Russian Mission on the Yukon River, then east along the north bank of the Yukon River to Tucker's Slough, then along the north bank of Tucker's Slough to its confluence with the Yukon River, then along the north bank of the Yukon River to the old site of Paimiut, then south along the Unit 18 boundary back to the point of beginning;

(ii) the area is closed to the use of aircraft for hunting big game, including the transportation of big game hunters, their hunting gear, or parts of big game; however, this provision does not apply to the transportation of big game hunters, their hunting gear, or parts of big game by aircraft between publicly owned airports;

(7) Unit 19:

(A) the Upper Kuskokwim Controlled Use Area:

(i) the area consists of that portion of Unit 19(D) extending two miles on either side of, and including the Kuskokwim River, upstream from the mouth of the Black River to the mouth of the Swift Fork, extending two miles on either side of, and including, the Takotna River, upstream from the mouth of the Takotna River to Takotna, and extending two miles on either side of, and including, the South Fork River, upstream from the mouth of the South Fork to Nikolai;

(ii) the area is closed to the use of aircraft for hunting moose, including the transportation of moose hunters, their hunting gear, or parts of moose from September 1 through September 25; however, this provision does not apply to the transportation of moose hunters, their hunting gear, or parts of moose by aircraft between publicly owned airports including McGrath, Medfra, Nikolai, and Takotna, or the transportation into the area of game meat that has been processed for human consumption;

(B) the Holitna-Hoholitna Controlled Use Area:

(i) the area consists of the waters of the Holitna River downstream from Kashegelok, the Titnuk River downstream from Fuller Mountain and the Hoholitna River downstream from the confluence of the South Fork and main Hoholitna River;

(ii) the area is closed to the use of any boat equipped with an inboard or outboard motor with an aggregate horsepower in excess of the manufacturer's rating of 40 horsepower for hunting big game, including the transportation of big game hunters, their hunting gear, or parts of big game, from August 1 through November 1; however this provision does not prohibit the transportation into the area of game meat that has been processed for human consumption;

(8) Units 21 and 24:

(A) the Koyukuk Controlled Use Area:

(i) the area consists of those portions of Unit 21 and 24 bounded by a line from the north bank of the Yukon River at Koyukuk at 64° 52.58' N. lat., 157° 43.10' W. long., then northerly to the confluence of the Honhosa and Kateel Rivers at 65° 28.42', N. lat., 157° 44.89' W. long., then northeasterly to the confluence of Billy Hawk Creek and the Huslia River at 65° 56.66' N. lat., 156° 40.81' W. long., then easterly to the confluence of the forks of the Dakli River at 66° 02.56' N. lat., 156° 12.71' W. long., then easterly to the confluence of McLanes Creek and the Hogatza River at 66° 00.31' N. lat., 155° 18.57' W. long., then easterly to the middle of the Hughes airstrip at 66° 02.56' N. lat., 154° 15.69' W. long., then south to Little Indian River at 65° 55.89' N. lat., 154° 15.93' W. long., then southwesterly to the crest of Hochandochtla Mountain at 65° 31.87' N. lat., 154° 52.18' W. long., then southwest to the mouth of Cottonwood Creek at 65° 13.00' N. lat., 156° 06.43' W. long., then southwest to Bishop Rock (Yistletaw) at 64° 49.35' N. lat., 157° 21.73' W. long., then westerly along the north bank of the Yukon River (including Koyukuk Island) to the point of beginning;

(ii) the area is closed to the use of aircraft for hunting moose, including the transportation of moose hunters, their hunting gear, or parts of moose; however, this provision does not apply to the transportation of moose hunters, their hunting gear, or parts of moose by aircraft between publicly owned airports, or the transportation into the area of game meat that has been processed for human consumption;

(iii) all hunters on the Koyukuk River passing a check station established by the department are required to stop at the check station and report to department personnel;

(iv) the meat of the hindquarters, forequarters, and ribs of any moose taken in the area must remain on the bone until the moose has been transported out of the area or processed for human consumption;

(B) the Kanuti Controlled Use Area:

(i) the area consists of that portion of Unit 24 bounded by a line from a point at the northernmost headwaters of Siruk Creek at 66° 48.557' N. lat., 153° 53.267' W. long., to the highest peak of Double Point Mountain at 66° 40.322' N. lat., 152° 30.132' W. long., to the northern end of Fish Creek Lake, including all waters of the lake, at 66° 36.071' N. lat., 151° 27.936' W. long., to the east side of Old Dummy Lake, including all waters of the lake, at 66° 08.241' N. lat., 151° 49.276' W. long., to the south end of Lake Todatonten, including all waters of the lake, at 66° 07.556' N. lat., 152° 55.520' W. long., then back to the point of origination at Siruk Creek;

(i) the area consists of that portion of Unit 21 bounded by a line beginning at the old village of Paimiut, then north along the west bank of the Yukon River to Paradise, then northwest to the mouth of Stanstrom Creek on the Bonasila River, then northeast to the mouth of the Anvik River, then along the west bank of the Yukon River to the lower end of Eagle Island, approximately 45 miles north of Grayling, then to the mouth of the Iditarod River, then down the east bank of the Innoko River to its confluence with Paimiut Slough, then south along the east bank of Paimiut Slough to its mouth, and then to the old village of Paimiut;

(9) Unit 23:

(A) the Noatak Controlled Use Area:

(i) the area consists of that portion of Unit 23 in a corridor extending five miles on either side of, and including, the Noatak River, including the river, beginning at the mouth of the Agashashok River, and extending upstream to the mouth of the Nimiuktuk River;

(ii) the area is closed from August 15 through September 30 to the use of aircraft in any manner for big game hunting, including the transportation of big game hunters, their hunting gear, or parts of big game; however, this provision does not apply to the transportation of big game hunters, their hunting gear, or parts of big game to and between publicly owned airports;

(10) Unit 26:

(A) the Unit 26(A) Controlled Use Area:

(i) the area consists of Unit 26(A);

(ii) the area is closed to the use of aircraft for hunting moose, including the transportation of moose hunters, their hunting gear, or parts of moose from July 1 through September 30 and from January 1 through March 31, except as provided under terms of a drawing hunt permit in the area outside of that portion of Unit 26(A) bounded by a line beginning at 153° 30' W. long. on the game management boundary between Units 24 and 26(A), north along 153° 30' W. long. to 69° N. lat., east along 69° N. lat. to 152° 10' W. long., south along 152° 10' W. long. to 68° 30' N. lat., east along 68° 30' N. lat. to 150° 40' W. long., south along 150° 40' W. long. to the game management boundary between Units 24 and 26(A), and westerly along the game management unit boundary to the point of origin at 153° 30' W. long.; however, this provision does not apply to the transportation of moose hunters, their hunting gear, or parts of moose by aircraft between publicly owned airports;

(B) before July 1, 2033, the Anaktuvuk Pass Controlled Use Area:

(i) the area consists of that portion of Unit 26(A) bounded on the west by the east bank of the Killik River beginning at its intersection with the game management boundary between Units 24 and 26(A), then north along the Killik River to its confluence with the Colville River, then bounded on the north by the south bank of the Colville River, east along the Colville River to its confluence with the Anaktuvuk River, then bounded on the east by the west bank of the Anaktuvuk River, south along the Anaktuvuk River to the game management boundary between Units 24 and 26(A), then west along the game management unit boundary to the point of origin;

(ii) the area is closed to the use of aircraft for hunting black bear, brown bear, caribou, and Dall sheep, including the transportation of black bear, brown bear, caribou, and Dall sheep hunters, their hunting gear, or parts of black bear, brown bear, caribou, or Dall sheep from August 15 through October 15; this provision does not apply to the transportation of black bear, brown bear, caribou or Dall sheep hunters, their hunting gear, or parts of black bear, brown bear, caribou, or Dall sheep by aircraft between publicly owned airports;

(i) the area consists of that portion of Unit 26(A) bounded by a line beginning at 153° 30' W. long. on the game management boundary between Units 24 and 26(A). north along 153° 30' W. long. to 69° N. lat., east along 69° N. lat. to 152° 10' W. long., south along 152° 10' W. long. to 68° 30' N. lat., east along 68° 30' N. lat. to 150° 40' W. long., south along 150° 40' W. long. to the game management boundary between Units 24 and 26(A), and westerly along the game management unit boundary to the point of origin at 153° 30' W. long.;

(ii) the area is closed to the use of aircraft for hunting caribou, including the transportation of caribou hunters, their hunting gear, or parts of caribou from August 15 through October 15; this provision does not apply to the transportation of caribou hunters, their hunting, gear, or parts of caribou by aircraft between publicly owned airports;

(11) Unit 6(B) Controlled Use Area:

(A) the area consists of all of Unit 6(B);

(B) the area is closed to the use of any motorized vehicle for moose hunting, including the transportation of moose hunters, or moose hunting gear, from August 25 - September 4, with the exception of vehicles on the Copper River Highway, Carbon Mountain Road, the Clear Creek boat launch, and boats crossing at mile 36 bridge which can be conducted in a substantially straight line and no more than 1/4 mile above or below the bridge. Moose may not be taken until after 3:00 a.m. on the day following the day which any motorized vehicle, except vehicles on the Copper River Highway, Carbon Mountain Road, the Clear Creek boat launch, and boats crossing at mile 36 bridge which can be conducted in a substantially straight line and no more than 1/4 mile above or below the bridge, is used for transportation, from September 5 through October 31;

(12) Units 2 and 3

(A) Southern Southeast Islands Controlled Use Area:

(i) the area consists of all of Unit 2 and that portion of Unit 3 including Kupreanof, Mitkof, and Wrangell Islands;

(ii) until June 30, 2012, the portion of Unit 3 described in (i) of this subparagraph is closed to the use of any motorized land vehicle for black bear hunting from September 1 through September 30, including the transportation of black bear hunters, their hunting gear, or parts of black bears; however, this prohibition does not apply to the transportation of black bear hunters, their hunting gear, or parts of black bears directly to or from publicly owned airports, department-designated boat launches, or Alaska marine highway system ferry terminals;

(iii) until October 31, 2012, Unit 2 is closed to the use of any motorized land vehicle for black bear hunting from September 1 through October 31, including the transportation of black bear hunters, their hunting gear, or parts of black bears; however, this prohibition does not apply to the transportation of black bear hunters, their hunting gear, or parts of black bears directly to or from publicly owned airports, department-designated boat launches, or Alaska marine highway system ferry terminals.

History

Authority: AS 16.05.255
Eff. 8/20/89, Register 111; am 8/9/90, Register 115; am 8/10/90, Register 115; am 12/27/90, Register 116; am 6/16/91, Register 118; am 8/10/91, Register 119; am 7/1/92, Register 122; am 7/1/93, Register 126; am 7/7/94, Register 131; am 4/25/96, Register 138; am 6/28/96, Register 138; am 7/1/96, Register 138; am 7/1/97, Register 142; am 7/1/98, Register 146; add'l am 7/1/98, Register 146; am 7/1/99, Register 150; am 7/1/2000, Register 154; add'l am 7/1/2000, Register 154; am 3/17/2001, Register 157; am 8/22/2001, Register 159; am 7/1/2002, Register 162; 1st add'l am 7/1/2002, Register 162; 2nd add'l am 7/1/2002, Register 162; am 7/25/2002, Register 163; am 7/1/2003, Register 166; am 7/1/2004, Register 170; add'l am 7/1/2004, Register 170; am 7/1/2005, Register 174; am 7/1/2006, Register 178; add'l am 7/1/2006, Register 178; am 7/1/2008, Register 186; add'l am 7/1/2008, Register 186; am 7/1/2009, Register 190; am 7/1/2010, Register 194; add'l am 7/1/2010, Register 194; am 7/1/2011, Register 198; add'l am 7/1/2011, Register 198; em am 9/9/2011 - 1/6/2012, Register 200; am 7/1/2014, Register 210; 1st add'l 7/1/2014, Register 210; 2nd add'l 7/1/2014, Register 210; am 7/1/2015, Register 214; am 7/1/2017, Register 222; add'l am 7/1/2017, Register 222; am 7/1/2018, Register 226; am 7/1/2019, Register 230; am 7/1/2020, Register 234; am 7/7/2024, Register 251; am 7/1/2025, Register 254

5 AAC 92.550 Areas closed to trapping {#sec-5-aac-92.550 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.550}

The following areas are closed to the trapping of furbearers as indicated:

(1) Unit 1(C) (Juneau area):

(A) a strip within one-quarter mile of the mainland coast between the end of Thane Road and the end of Glacier Highway at Echo Cove;

(B) Auke Lake and the area within one-quarter mile of Auke Lake;

(C) that area of the Mendenhall Valley bounded on the south by the Glacier Highway, on the west by the Mendenhall Loop Road and Montana Creek Road and Spur Road to Mendenhall Lake, on the north by Mendenhall Lake, and on the east by the Mendenhall Loop Road and Forest Service Glacier Spur Road to the Forest Service Visitor Center;

(D) a strip within one-quarter mile of the Douglas Island coast along the entire length of the Douglas Highway and a strip within one-quarter mile of the Eaglecrest Road;

(E) that area within the United States Forest Service Mendenhall Glacier Recreation Area;

(F) a strip within one-quarter mile of the following trails as designated on United States Geological Survey maps: Herbert Glacier Trail, Windfall Lake Trail, Peterson Lake Trail, Spaulding Meadows Trail (including the loop trail), Nugget Creek Trail, Outer Point Trail, Dan Moller Trail, Perseverance Trail, Granite Creek Trail, Mt. Roberts Trail and the Nelson Water Supply Trail, Sheep Creek Trail, Point Bishop Trail, Amalga Trail, Auke Nu/John Muir Trail, Eagle Glacier Trail, Point Bridget Trail, Treadwell Ditch Trail, and Salmon Creek Trail; however, traps that are completely submerged and traps with an inside jaw spread of five inches or less which are set at least five feet above the ground and snow are allowed if set more than 50 yards from the trail;

(G) the area described as the Mendenhall Wetlands State Game Refuge in AS 16.20.034 is closed to trapping; the use of off-road or all-terrain vehicles, motorcycles, or other motorized vehicles (except boats) within the boundaries of Mendenhall Wetlands State Game Refuge is prohibited at all times;

(2) Unit 9: the McNeil River State Game Sanctuary and contiguous tidelands are closed to trapping;

(3) Unit 14(C) (Anchorage Area):

(A) the drainages into Eklutna River and Eklutna Lake, within Chugach State Park except Thunderbird Creek and those drainages flowing into the East Fork of the Eklutna River upstream from the bridge above the lake;

(B) the Eagle River Management Area;

(C) that portion of Chugach State Park outside of the Eagle River, Anchorage, and Eklutna management areas is open to trapping under Unit 14(C) seasons and bag limits, except that trapping of wolf, wolverine, land otter, and beaver is not allowed; killer style steel traps with an inside jaw spread seven inches or greater are prohibited; a person using traps or snares in the area must register with the Department of Natural Resources Chugach State Park area office and provide a trapper identification; all traps and snares in the area must be marked with the selected identification; the use of traps or snares is prohibited within

(i) 50 yards of developed trails;

(ii) one-quarter mile of trailheads, campground, and permanent dwellings;

(iii) repealed 7/1/2009;

(D) all land and water within the Anchorage Management Area as described in 5 AAC 92.530(3);

(E) in the Anchorage Coastal Wildlife Refuge in Unit 14(C), described in AS 16.20.031: all land and water south and west of and adjacent to the toe of the bluff that extends from Point Woronzof southeasterly to Potter Creek;

(F) the Joint Base Elmendorf-Richardson (JBER) Management Area, except for beaver, muskrat, mink, weasel, marten, otter, fox, and coyote in areas designated by the commander;

(4) Unit 15:

(A) repealed 7/1/2005;

(B) repealed 7/1/2005;

(D) the Kenai Moose Research Center Closed Area in Unit 15(A), which consists of that area within the outer boundary fences of the Kenai Moose Research Center, located west and south of Coyote and Vixen Lakes is closed to trapping;

(E) all land within one-fourth mile of the two wildlife underpasses on the Sterling Highway are closed to trapping;

(F) those portions within 100 yards of the Diamond Creek, Grewingk Glacier, and Grewingk Saddle trails are closed to trapping; however, trapping is allowed within 100 yards of the trails if the traps are:

(i) elevated three feet above hard ground;

(ii) enclosed;

(iii) under water; or

(iv) under ice.

(5) Unit 17: all islands within the Walrus Islands State Game Sanctuary as described in AS 16.20.092 are closed to trapping;

(6) Unit 2: Joe Mace Island Marine Park, a small island off Point Baker on Prince of Wales Island, is closed to trapping;

(7) repealed 8/10/2010;

(8) repealed 8/10/2010.

(9) Unit 7:

(A) all land within one-fourth mile of the two wildlife underpasses and one wildlife overpass on the Sterling Highway are closed to trapping;

(B) those portions within 50 yards of the Quartz Creek, Crescent Creek, Russian River, North Cooper Creek, and South Cooper Creek campgrounds are closed to trapping; however, trapping is allowed within 50 yards of the trails if the traps are:

(i) elevated three feet above hard ground;

(ii) enclosed;

(iii) under water; or

(iv) under ice.

(10) Units 14(A) and 14(B): those portions within 50 yards of the following trails and roads are closed to trapping: Talkeetna Lakes Park trail system, Dorothy Jones trail system, Matanuska Lakes Recreation Area developed trails, Scout Ridge Loop, Reflections Lake Trail, Nelson Road, Rabbit Slough Boat Launch Access Road, Wasilla Creek Boardwalk, Government Peak Recreation Area developed trail system within the southern development area, Independence Mine ski trails, Gold Mint trail to Mint Glacier, Reed Lakes trails to lower Reed Lake, and Archangel Road to the gate; however, trapping is allowed within 50 yards of the trails and roads if the traps are:

(A) elevated three feet above hard ground;

(B) enclosed;

(D) under ice.

History

Authority: AS 16.05.250; AS 16.20.075; AS 16.20.162 AS 16.05.255; AS 16.20.092
Eff. 8/20/89, Register 111; am 7/1/92, Register 122; am 7/9/95, Register 135; am 7/26/97, Register 143; am 1/3/2001, Register 156; am 8/22/2001, Register 159; am 12/5/2002, Register 164; am 7/1/2004, Register 170; am 7/1/2005, Register 174; am 7/27/2005, Register 175; am 7/1/2007, Register 182; am 7/1/2008, Register 186; am 7/1/2009, Register 190; add'l am 7/1/2009, Register 190; am 8/10/2010, Register 195; am 7/1/2011, Register 198; add'l am 7/1/2011, Register 198; am 7/1/2019, Register 230; am 7/28/2023, Register 247; am 7/1/2025, Register 254

Article 20 Definitions

5 AAC 92.990 Definitions {#sec-5-aac-92.990 omnilex-key=us-ak-regs-official--title-5--5 AAC 92.990}

(a) In addition to the definitions in AS 16.05.940, in 5 AAC 84 - 5 AAC 92, unless the context requires otherwise,

(1) "airport" means an airport listed in the current Federal Aviation Administration Alaska supplement and aviation chart;

(2) "animal" means any species with a vertebral column (backbone);

(3) "antler" means the annually cast and regenerated bony growth originating from the pedicle portion of the skull in members of the deer family;

(4) "antlerless" means the absence of an antler;

(5) "ATV"

(A) means a motorized tracked vehicle, or a vehicle with four or more wheels, operated on land weighing less than 1,000 pounds dry weight;

(B) does not include a snowmachine;

(6) "bag limit" means the maximum number of animals of any one game species a person may take in a unit or portion of a unit in which the taking occurs; an animal disturbed in the course of legal hunting does not count towards a bag limit;

(7) "bait" means any material excluding scent lures, that is placed to attract an animal by its sense of smell or taste; "bait" does not include those parts of legally taken animals that are not required to be salvaged as edible meat if the parts are not moved from the kill site;

(8) "barbed" means, in the case of an arrowhead, having any fixed portion of the rear edge of the arrowhead forming an angle less than 90° with the shaft when measured from the nock end of the arrow; a notch or space of no more than two millimeters between the base of the blade and the shaft shall not be considered a barb;

(9) "big game" means black bear, brown bear, bison, caribou, Sitka black-tailed deer, elk, mountain goat, moose, muskox, Dall sheep, wolf, and wolverine; "big game", for the purposes of a youth hunt, does not include bison or muskox;

(10) "boat" means a vehicle, vessel, or watercraft operated in or on water deep enough to float it at rest and includes hovercraft, airboats, personal watercraft, and amphibious vehicles;

(11) "bow" means a long bow, recurve bow, or compound bow that is a device for launching an arrow which derives its propulsive energy solely from the bending and recovery of two limbs, and that is hand-held and hand-drawn by a single and direct pulling action of the bowstring by the shooter with the shooter's fingers or a hand-held or wrist-attached release aid; the energy used to propel the arrow may not be derived from hydraulic, pneumatic, explosive, or mechanical devices, but may be derived from the mechanical advantage provided by wheels or cams if the available energy is stored in the bent limbs of the bow; no portion of the bow's riser (handle) or an attachment to the bow's riser may contact, support, or guide the arrow from a point rearward of the bowstring when strung and at rest; "bow" does not include a crossbow or any device that has a gun-type stock or incorporates any mechanism that holds the bowstring at partial or full draw without the shooter's muscle power;

(12) "broadhead" means a fixed, replaceable, or mechanical/retractable blade-type arrowhead that is not barbed, with two or more sharp cutting edges having a minimum cutting diameter of not less than seven-eighths inch;

(13) "brow tine" means a tine emerging from the first branch or brow palm on the main beam of a moose antler; the brow palm is separated from the main palm by a wide bay; a tine originating in or after this bay is not a brow tine; an antler point or tine originating within two inches from the base, and less than three inches in length, will not be counted as a brow tine; an antler point or tine originating within two inches from the base, and less than three inches in length, will not be counted as a brow tine;

(14) "brown bear" means Ursus arctos including grizzly bears; the terms brown bear and grizzly bear are synonymous;

(15) "buck" means any male Sitka black-tailed deer;

(16) "bull moose" means a male moose;

(17) "calf" means a moose, caribou, elk, muskox, or bison less than 12 months old;

(18) "closed season" means the time when game may not be taken;

(19) "crossbow" means a bow, mounted on a stock, which mechanically holds the string at partial or full draw, that shoots projectiles which are generally called bolts or quarrels;

(20) "cub bear" means a brown/grizzly bear in its first or second year of life, or a black bear (including the cinnamon and blue phases) in its first year of life;

(21) "deleterious exotic wildlife" includes

(A) English sparrow;

(B) raccoon;

(D) unconfined or unrestrained

(i) Belgian hare;

(ii) Muridae rodent;

(iii) rockdove;

(iv) reindeer on Umnak Island in Unit 10;

(E) feral

(i) ferret;

(ii) swine;

(F) Eurasian collared dove;

(22) "dire emergency" means a situation in which a person

(A) is in a remote area;

(B) is involuntarily experiencing an absence of food required to sustain life;

(C) will be unable to perform the functions necessary for survival, leading to a high risk of death or serious and permanent health problems, if wild game food is not immediately taken and consumed; and

(D) cannot expect to obtain other food sources in time to avoid the consequences described in (C) of this paragraph;

(23) "domicile" means the location of a person's primary residence; evidence of domicile includes

(A) a statement made to obtain a license to drive, hunt, fish, or engage in an activity regulated by a government entity;

(B) an affidavit of the person, or of another person who may know of that person's domicile;

(D) the location of a residence owned, rented, or leased;

(E) the location where household goods are stored;

(F) the location of a business owned or operated;

(G) the residence of a spouse or minor children or dependents;

(H) a government to which a tax is paid; and

(I) evidence indicating whether the person has claimed residence in another location for the purpose of obtaining benefits provided by the government in that location;

(24) "drainage" means the area of land drained by a creek, stream, or river, unless further defined in regulation;

(25) "drawing permit" means a permit issued to a person who is one of a limited number of people selected by means of a lottery held for people who have submitted a valid application for the permit and who agree to abide by the conditions specified for each hunt;

(26) "edible meat" means, in the case of a big game animal, except a bear, the meat of the ribs, neck, brisket, front quarters, hindquarters, and the meat along the backbone between the front and hindquarters; in the case of a bear, the meat of the front quarters and hindquarters and meat along the backbone (backstrap); in the case of small game birds, except for cranes, geese, and swan, the meat of the breast; in the case of cranes, geese, and swan, the meat of the breast, the meat of the legs (femur and tibia-fibula), and the meat of the upper wings (humerus); however, "edible meat" of big game or small game birds does not include meat of the head, meat that has been damaged and made inedible by the method of taking, bones, sinew, incidental meat reasonably lost as a result of boning or a close trimming of the bones, or viscera;

(27) "falconry" means the sport of taking game by means of a trained raptor;

(28) "field" has the meaning given in AS 08.54.790;

(29) "front quarter" means the front leg and shoulder, including the scapula, as far as the distal joint of the radius-ulna;

(30) "full-curl horn" of a male (ram) Dall sheep means that

(A) the tip of at least one horn has grown through 360° of a circle described by the outer surface of the horn, as viewed from the side, or

(B) both horn tips are broken; means the lamb tip is completely absent; horn tips that are chipped or cracked are not broken if any portion of the lamb tip is present; characteristics of the lamb tip include:

(i) a length of less than four inches,

(ii) the inside surface of the lamb tip is distinctly concave when compared to the remainder of the horn, and

(iii) the lamb tip is the section of a horn that is grown during the first six months of a sheep's life and is the section of horn distal of the first annulus, which is the swelling of the horn that forms during the first winter of life, or

(31) "fur animal" means a beaver, coyote, arctic fox, red fox, lynx, flying squirrel, ground squirrel, or red squirrel that has not been domestically raised; "fur animal" is a classification of animals subject to taking with a hunting license;

(32) "furbearer" means a beaver, black bear, coyote, arctic fox, red fox, lynx, fisher, marten, mink, least weasel, short-tailed weasel, muskrat, land otter, red squirrel, flying squirrel, ground squirrel, Alaskan marmot, hoary marmot, woodchuck, wolf, or wolverine; "furbearer" is a classification of animals subject to taking with a trapping license;

(33) "handicraft" means a finished product in which the shape or appearance of the natural material has been substantially changed by skillful use of the hands, such as by sewing, carving, etching, scrimshawing, painting, or other means, and which has substantially greater monetary and aesthetic value than the unaltered natural material alone;

(34) "harass" means to repeatedly approach an animal in a manner which results in the animal altering its behavior;

(35) "harvest objective" is the human consumptive use goal set by the board in consultation with the department, and means the number of animals to be made available for human harvest from a game population or portion of that population on an annual basis;

(36) "hide" means any untanned external covering of any game animal's body, but does not include a handicraft or other finished product; "hide" of a bear means the entire external covering with claws attached;

(37) "highway" means the driveable surface of a constructed road;

(38) "hindquarter" means the hind leg, excluding the pelvis, as far as the distal joint of the tibia-fibula (hock);

(39) "household" means that group of people domiciled in the same residence;

(40) "hunting area" for a species means that portion of a game management unit in which a season and a bag limit for that species are set out in 5 AAC 85;

(41) "inboard motor" includes a motor located within the confines of a boat;

(42) "invasive species"

(A) means a nonnative species whose introduction does or is likely to cause economic or environmental harm or harm to human health; this

(B) includes deleterious exotic wildlife;

(43) "jaw spread" means the distance between the inside of the jaws of a trap measured on a line perpendicular to a line drawn through the jaw pivot points when the trap is in a set position;

(44) "jet aircraft" means an aircraft powered by an engine or engines that have no external propellers;

(45) "mechanical blade-type broadhead" and "retractable blade-type broad head" means a broadhead with cutting edges that are retracted during flight and open upon impact to a minimum cutting diameter of not less than seven-eighths inch and does not lock open after impact to create fixed barbs;

(46) "moose antler" definitions:

(A) "50-inch antlers" means the antlers of a bull moose with a spread of 50 inches or more measured in a straight line perpendicular to the center line of the skull;

(B) "spike-fork antlers" means antlers of a bull moose with only one or two tines on at least one antler; male calves are not considered spike-fork bulls; spike-fork bulls can be either spike or fork on both sides, or spike and fork;

(C) "spike" means antlers of a bull moose with only one tine on at least one antler; for the purposes of this subparagraph, male calves are not considered spike bulls;

(D) "fork" means antlers of a bull moose with only two tines on at least one antler;

(47) "motorized land vehicle" means a motorized vehicle operated on land, and includes hovercraft and airboats;

(48) "motorized vehicle" means a motor-driven land, water, or air conveyance;

(49) "Muridae rodent" includes true mice and rats, gerbils, and their relatives;

(50) "muzzleloader" means a firearm for which firing components are loaded into the muzzle end of the firearm;

(51) "naturally shed antler" means any portion of an antler that has the base (burr) intact and that has not been physically removed from the skull by cutting, sawing, or breaking;

(52) "nonresident" includes a nonresident alien as defined in AS 16.05.940;

(53) "nuisance wildlife" includes

(A) a feral domestic bird or mammal, deleterious exotic wildlife, unclassified game, small game, fur animals or furbearers, except wolf, wolverine, or lynx, or migratory bird for which there is a federal depredation order for this state issued under 50 C.F.R. Sec. 21.43;

(B) an animal that

(i) invades or comes to occupy a dwelling, vessel, vehicle, structure, or storage container;

(ii) causes property damage; or

(iii) is an invasive species or introduced nonnative species that poses immediate or long-term threats to human health, safety, or property or to native wildlife, wildlife health, or habitat;

(54) "open season" means the time when game may be taken; an open season includes the first and last days of the period prescribed;

(55) "peace officer" means a police officer of the state or a person authorized by the commissioner of the Department of Fish and Game under AS 16.05.150;

(56) "peak draw weight" means the peak poundage at which a bow is drawn through or held at full draw by the shooter at the shooter's draw length;

(57) "pelt" has the same meaning as "hide";

(58) "permit hunt" means a hunt for which a permit is issued on a drawing, registration, subsistence, or targeted hunt basis;

(59) "person" means a natural person and does not include a corporation, company, partnership, firm, association, organization, business trust, or society;

(60) "personally accompanied" means staying within 100 yards of the person being accompanied at the point where an attempt to take game is made;

(61) "point" means any antler projection that is at least one inch long, and that is longer than it is wide, measured one inch or more from the tip; an antler point or tine originating within two inches from the base, and less than three inches in length, will not be counted as a tine;

(62) "poison" means a substance that is toxic or poisonous upon contact or ingestion;

(63) "population objective" means the desired size of a game population or portion of that population, set by the board in consultation with the department;

(64) "possession limit",

(A) for migratory game birds, means the maximum number of lawfully taken migratory game birds of a single species or designated aggregate of species that may be possessed by any one person in any specified geographic area for which a possession limit is prescribed;

(B) for resident game birds, means whole birds or the edible meat of game birds, excluding those that are canned, frozen, smoked, dried or otherwise processed for human consumption after a 15-day period;

(65) "processed for human consumption" means prepared for immediate consumption or prepared in such a manner, and in an existing state of preservation, as to be fit for human consumption after a 15-day period;

(66) "property" means

(A) a dwelling, permanent or temporary;

(B) an aircraft, boat, automobile, or other conveyance;

(D) fenced gardens and landscaped plants, excluding native vegetation;

(E) other property of substantial value;

(67) "registration permit" means a hunting permit issued to a person who agrees to the conditions specified for each hunt; permits are issued in the order applications are received, and are issued beginning on a date announced by the department and continuing

(A) throughout the open season, or until the season is closed by emergency order when a harvest quota is reached; or

(B) until a predetermined number of permits have been issued;

(68) "regulatory year" means July 1 - June 30;

(69) "road-connected area" means the location of domiciles that are normally accessed by motorized highway vehicles operating on constructed roads that connect to the main highway system in the relevant area, including roads that can be negotiated during any portion of the year; in this paragraph, "normally accessed" means that it is reasonably feasible to transport persons, food, and other supplies to domiciles by motorized highway vehicles;

(70) "salvage" means to transport the edible meat, heart, liver, kidneys, head, skull, or hide, as required by statute or regulation, of a game animal or small game bird to the location where the edible meat, heart, liver, or kidneys will be consumed by humans or processed for human consumption in order to save or prevent the edible meat, heart, liver, or kidneys from waste, and the head, skull, or hide will be put to human use;

(71) "sealing" means the placement of an official marker or locking tag (seal) by an authorized representative of the Department of Fish and Game on an animal hide or skull, and may include;

(A) collecting and recording biological information concerning the conditions under which the animal was taken;

(B) measuring the specimen submitted for sealing; and

(72) "7/8 curl horn" means the horn of a mature male Dall sheep, the tip of which has grown through seven-eighths of a circle (315°), described by the outer surface of the horn, as viewed from the side, or with both horn tips broken;

(73) "skin" has the same meaning as "hide";

(74) "small game" means all species of grouse, hare, other than Belgian hare, ptarmigan, waterfowl, crane, and snipe;

(75) "snowmachine" means a motor vehicle of 850 pounds or less gross vehicle weight, primarily designed to travel over snow, and supported, in part by skis, belts, or tracks; "snowmachine" includes the motor vehicle commonly known as a snowmobile;

(76) "targeted permit" means a permit issued on short notice and a lottery basis to an applicant who has previously registered and is willing to participate in a hunt under short notice;

(77) "3/4 curl horn" means the horn of a mature male Dall sheep, the tip of which has grown through three-quarters of a circle (270°), described by the outer surface of the horn, as viewed from the side;

(78) "Tier I" means the circumstance where the board has identified a game population that is customarily and traditionally used for subsistence and where it is anticipated that a reasonable opportunity can be provided to all residents who desire to engage in that subsistence use;

(79) "Tier II" means the circumstance where the board has identified a game population that is customarily and traditionally used for subsistence and where, even after nonsubsistence uses are eliminated, it is anticipated that a reasonable opportunity to engage in that subsistence use cannot be provided to all residents eligible at Tier I who desire to participate;

(80) "tine" has the same meaning as "point";

(81) "transport" means to ship, carry, import, export, or receive or deliver for shipment, carriage, or export;

(82) "trophy" means a mount of a big game animal, including the skin of the head (cape) or the entire skin, in a lifelike representation of the animal, including a lifelike representation made from any part of a big game animal; "trophy" also includes a "European mount" in which the horns or antlers and the skull or a portion of the skull are mounted for display;

(83) "unclassified game" means any species of game not otherwise classified in this section as "big game," "deleterious exotic wildlife," "fur animal," "furbearer," or "small game";

(84) "unit" means one of the 26 geographical areas defined in 5 AAC 92.450;

(85) "within the second degree of kindred" means a mother, father, brother, sister, son, daughter, spouse, grandparent, grandchild, brother- or sister-in-law, son- or daughter-in-law, father- or mother-in-law, step-father, step-mother, step-sister, step-brother, step-son, and step-daughter;

(86) "year" means calendar year unless another year is specified;

(87) "youth hunt" means a hunt limited to a child aged 10 to 17 and an accompanying adult; if the child is a

(A) resident, the accompanying adult may be any licensed resident hunter 21 years of age or older;

(B) nonresident, the accompanying adult must be a licensed resident hunter 21 years of age or older who is a parent, stepparent, or legal guardian of the child;

(88) "wireless communication" means electronic communication of any form that is transmitted through the air without requiring any cable or wires between two or more devices;

(89) "previously purchasing" means fully paid for and in possession of the hunter before hunting, pursing, or attempting to take game; in this paragraph, "take" has the meaning given in AS 16.05.940.

(b) For the purpose of AS 16.05.783, "shoot" or "assist in shooting" means to intentionally take or assist in taking an animal by discharging a lethal projectile from a firearm.

(1) "underwater" means the trap or snare is placed below the waterline and the restraining portion of the trap or snare is in the water;

(2) in Units 9, 10, 11, 13, 14(A), 14(B), 16, and 17 "enclosed" means the trap is located inside an enclosure and recessed from an opening that is not more than three inches in diameter or, if a square or rectangular opening is used, not more than three inches when measured from between the two inside points that are furthest apart.

History

Authority: AS 16.05.255; AS 16.05.258
Eff. 7/5/85, Register 95; am 6/19/86, Register 98; am 7/3/86, Register 99; am 8/8/87, Register 103; am 4/24/88, Register 106; am 7/14/88, Register 107; am 8/20/89, Register 111; am 8/10/90, Register 115; am 8/12/90, Register 115; am 1/17/91, Register 117; am 8/10/91, Register 119; add'l am 8/10/91, Register 119; am 7/1/92, Register 122; am 5/5/93, Register 126; am 7/7/94, Register 131; am 7/8/95, Register 135; am 7/9/95, Register 135; am 6/28/96, Register 138; am 7/1/97, Register 142; am 7/26/97, Register 143; am 10/4/97, Register 144; am 7/1/98, Register 146; add'l am 7/1/98, Register 146; am 7/1/2000, Register 154; am 7/1/2001, Register 158; am 7/1/2002, Register 162; am 7/1/2003, Register 166; am 7/1/2004, Register 170; am 7/1/2005, Register 174; am 7/1/2007, Register 182; add'l am 7/1/2007, Register 182; am 9/13/2007, Register 183; am 12/2/2007, Register 184; am 7/1/2008, Register 186; am 7/1/2010, Register 194; am 7/1/2011, Register 198; 1st add'l am 7/1/2011, Register 198; 2nd add'l am 7/1/2011, Register 198; am 7/1/2012, Register 202; add'l am 7/1/2012, Register 202; am 7/1/2013, Register 206; add'l am 7/1/2013, Register 206; am 7/1/2014, Register 210; am/readopt 10/23/2014, Register 212; am 7/1/2016, Register 218; am 7/1/2018, Register 226; am 7/1/2020, Register 234; am 6/23/2022, Register 242; am 7/1/2025, Register 254

Part 4 Department Programs

Chapter 93 Department Programs

Article 1 Miscellaneous Department Programs

5 AAC 93.001 Application of 5 AAC 93.001 - 5 AAC 93.060. The regulations in this chapter apply to fee schedules, endangered species, or other specific responsibilities of the commissioner. The regulations in this chapter are adopted by the commissioner of the Department of Fish and Game rather than the Board of Game {#sec-5-aac-93.001 omnilex-key=us-ak-regs-official--title-5--5 AAC 93.001}

History

Authority: AS 16.05.050
Eff. 8/20/89, Register 111

5 AAC 93.010 Shooting range fees. (a) The department will charge a fee for the use of a state-owned shooting facility specified in this section based on the department's costs in operating the facility, including staffing costs and the level of public use of the facility. The department will not charge a fee that exceeds a fee set out in this section. The department may review and change the fee schedule for each state-owned shooting facility specified in this section semi-annually based on the criteria described in this subsection. The fees and the effective dates of the fees will be posted in each shooting facility and on the department's website. (b) Rabbit Creek Shooting Park: the fees for use of the Rabbit Creek Shooting Park will be calculated and posted as described in (a) of this section, but will not exceed for (1) the general public and an organized group, except those specified in (2) of this subsection, for use of the live-fire range, including rifle, pistol, and archery, (A) $18 per day per person; (B) $150 per person for a non-transferable annual pass; (2) a person who is under 16 years of age, 60 years of age or older, or on active duty in the military, for use of the live-fire range, including rifle, pistol, and archery, (A) $15 per day per person; (B) $127 per person for a nontransferable annual pass; (3) the general public, for use of the five-stand shotgun range, (A) $28 per round, including targets and ammunition; (B) $26 per round, including targets and ammunition for an annual pass holder, a person under 16 years of age, or a person 60 years of age or older; (C) $14 per round, including targets. (c) Fairbanks Hunter Education Indoor Shooting Range: the fees for use of the Fairbanks Hunter Education Indoor Shooting Range will be calculated and posted as described in (a) of this section, but will not exceed for (1) the general public, except those specified in (2) - (4) of this subsection, for use of the (A) live-fire range, (i) $24 per shooting lane per hour; (ii) $144 for a seven-hour punch-card pass; (B) electronic range, $24 per hour; (2) a person who is under 16 years of age, 60 years of age or older, or on active duty in the military, for use of the (A) live-fire range, (i) $20 per shooting lane per hour; (ii) $120 for a seven-hour punch-card pass; (B) electronic range, $20 per hour; (3) a hunter education partner that is not a youth shooting organization, during scheduled organized activities, for use of (A) the live-fire range, $12 per shooting lane per hour; (B) an 18-student classroom, $10 per hour; (C) the 36-student classroom, $20 per hour; (D) the electronic range, $12 per hour; (4) a hunter education partner that is a youth shooting organization, during scheduled organized activities, for use of (A) the live-fire range, $10 per shooting lane per hour; (B) an 18-student classroom, $5 per hour; (C) the 36-student classroom, $10 per hour; (D) the electronic range, $10 per hour. (d) Juneau Hunter Education Indoor Shooting Range: the fees for use of the Juneau Hunter Education Indoor Shooting Range will be calculated and posted as described in (a) of this section, but will not exceed for (1) the general public, except those specified in (2) - (4) of this subsection, for use of the live-fire range, including rifle, pistol, and archery, (A) $24 per shooting lane per hour; (B) $144 for a seven-hour punch-card pass; (C) $380 for a semi-annual (18-week) pass; (D) $690 for an annual (36-week) pass; (2) a person who is under 16 years of age, 60 years of age or older, or on active duty in the military, (A) $20 per shooting lane per hour; (B) $120 for a seven-hour punch-card pass; (C) $330 for a semi-annual (18-week) pass; (D) $580 for an annual (36-week) pass; (3) a hunter education partner that is not a youth shooting organization, during scheduled organized activities, for use of the live-fire range, $12 per shooting lane per hour; (4) a hunter education partner that is a youth shooting organization, during scheduled organized activities, for use of the live-fire range, $10 per shooting lane per hour. (e) The department may rent the classrooms, the live-fire ranges as a whole, or each facility as a whole, based on demand, cost, and staffing needs for a fee not to exceed $450 per day. (f) The department may sell or rent shooting accessories, including targets, ear and eye protection, and ammunition at a state-owned shooting facility specified in this section. (g) The department may provide, for a fee, to another governmental agency secure storage space for that governmental agency's shooting accessories and equipment at a state-owned shooting facility specified in this section. (h) The department may conduct an event, including a class, clinic, workshop, seminar, and special shoot, at a state-owned shooting facility specified in this section. If the department conducts an event, the fee will be calculated as described in (a) of this section. (i) The department may waive or adjust the fees established in (b) - (e) of this section for (1) a person participating in a department administered hunter education class; (2) an employee of the Department of Fish and Game while on duty for a state authorized activity; (3) an employee of the Department of Public Safety while on duty for a state authorized activity; (4) a person participating in a department sponsored special event. (j) The department may charge an additional fee to a person or organization for an organized event conducted at a state-owned shooting facility specified in this section to cover the actual administrative costs of the event. (k) For the purpose of this section, (1) "active duty in the military" means a person with a current enlistment or extension of enlistment and identification card for a branch of the military in the active, guard, or reserve component; (2) "hunter education partner" means an organization or instructor who has entered into an agreement with the department to incorporate components of the department's hunter education curriculum into the instructor's or organization's program {#sec-5-aac-93.010 omnilex-key=us-ak-regs-official--title-5--5 AAC 93.010}

History

Authority: AS 16.05.020; AS 16.55.010 AS 16.05.050; AS 16.55.020
Eff. 1/19/86, Register 97; am 10/14/87, Register 104; am 8/24/91, Register 119; am 4/1/93, Register 125; am 1/15/2000, Register 153; am 1/9/2002, Register 161; am 3/13/2004, Register 169; am 4/28/2005, Register 174; am 12/24/2006, Register 180

5 AAC 93.015 General rules and conditions for use of shooting facility. (a) A person may not use a state-owned shooting facility until that person acknowledges and agrees to the general rules and conditions for use posted at the facility. (b) The general rules and conditions for use of a shooting facility will be posted at the shooting facility for the protection and safety of the general public and to further the purposes for which the shooting facility was established. The general rules and conditions for use of a shooting facility may vary from other shooting facilities, but will include the general rules specified in (d) of this section. (c) The commissioner, or the commissioner's designee, may deny or revoke a person's access to a shooting facility upon failure to comply with the general rules and conditions for use. The general rules and conditions posted at a shooting facility may include restrictions on firearm use or ammunition type, magazine capacity, or other rules and conditions as the commissioner or the commissioner's designee consider advisable. (d) The general rules for a shooting facility include the rules specified in this subsection. A person using a shooting facility under this section shall (1) keep all firearms, bows and arrows, and crossbows pointed in a safe direction; (2) not touch the trigger of a firearm or crossbow unless ready to shoot; (3) keep all firearms, bows and arrows, and crossbows unloaded until ready to use; (4) wear appropriate eye and ear protection; (5) follow all instructions of a range master or safety officer; (6) shoot only at authorized targets; (7) use only authorized ammunition; (8) cease fire upon command; (9) act in a safe and orderly manner; and (10) not use or be under the influence of alcohol or drugs, except for lawful medicines {#sec-5-aac-93.015 omnilex-key=us-ak-regs-official--title-5--5 AAC 93.015}

History

Authority: AS 16.05.020; AS 16.55.010 AS 16.05.050; AS 16.55.020
Eff. 7/25/2012, Register 203

5 AAC 93.020 Endangered species. The following species are endangered in Alaska: (1) Eskimo curlewNumenius borealis(2) repealed 11/11/93(3) repealed 11/11/93(4) repealed 11/11/93(5) Short-tailed albatrossDiomedea albatrus(6) Humpback whaleMegaptera novaeangliae(7) Right whaleEubalaena glacialis(8) Blue whaleBalaenoptera musculus {#sec-5-aac-93.020 omnilex-key=us-ak-regs-official--title-5--5 AAC 93.020}

History

Authority: AS 16.05.020; AS 16.20.190
Eff. 7/5/85, Register 95; am 2/21/87, Register 101; am 8/20/89, Register 111; am 11/11/93, Register 128

5 AAC 93.030 Permit application procedures and fees for McNeil River State Game Sanctuary access permits. The department will issue permits for access to McNeil River State Game Sanctuary as provided in 5 AAC 92.065 as follows: (1) for the period June 7 - August 25, the department will issue to an individual a reserved, nontransferable regular or standby bear viewing permit (5 AAC 92.065(b)) under the following conditions: (A) each application for a regular or standby bear viewing permit must be accompanied by a nonrefundable $30 application fee for each name on the application; the application and fee must be received in the department's Anchorage office by March 1; (B) an application that is incomplete or illegible or is not accompanied by complete application fees, if required, is void; (C) not more than three individuals may apply as a group on one application for a bear viewing or standby permit; no individual may be named on more than one application, and multiple applications are all void; (D) the department will hold the lottery drawing on March 15 and will notify successful applicants by mail; (E) after being selected for a regular or standby bear viewing permit an individual must pay the use fee before the permit will be issued; the use fee for a regular bear viewing permit is $225 for a resident and $525 for a nonresident; the use fee for a standby permit is $112 for a resident and $262 for a nonresident; (F) a permittee may return a bear viewing or standby permit before May 15 for a refund of the use fee; the department will not refund any money for a returned permit received after May 15; (2) at any time during a year, the department will issue a permit for access to the sanctuary other than a permit described in (1), (3), or (4) of this section; a permit application must specify the location, time, and nature of activities to be conducted by the applicant in the sanctuary; the application fee for an access permit under this paragraph is $50; there is no use fee for this permit; (3) there is no application fee for an access permit under 5 AAC 92.065(c) for a guide, air taxi operator, or lodge owner; the use fee for this permit is $200; (4) for the period June 7 - August 25, the department will issue a scientific/educational permit under the following conditions: (A) each application for a scientific/educational permit must be accompanied by a nonrefundable $60 application fee for each name to be included on the scientific/educational permit; the application and fee must be received in the department's Anchorage office by December 1 of the previous year; up to four of the scientific/educational permits available each year may be designated as "commercial use/scientific/educational" permits for projects that (i) include filming, videography, or photography portraying the McNeil River State Game Sanctuary in a commercial product for sale; (ii) require special authorization or assistance from on-site personnel; (iii) produce products that will be used to create displays or public viewing opportunities requiring an entry fee; (iv) utilize sponsorship or fundraising through paid advertisements; or (v) create ancillary products for sale; (B) after being selected for a scientific/educational permit under this paragraph, each individual named on the permit must pay the use fee before the permit will be issued; the use fee for a scientific/educational permit is $225 for a resident and $525 for a nonresident {#sec-5-aac-93.030 omnilex-key=us-ak-regs-official--title-5--5 AAC 93.030}

History

Authority: AS 16.05.020; AS 16.05.050
Eff. 8/8/87, Register 103; am 8/20/89, Register 111; am 7/12/92, Register 123; am 4/1/93, Register 125; am 2/27/94, Register 129; am 2/6/2000, Register 153; am 3/24/2018, Register 225

5 AAC 93.035 Fees for Walrus Islands State Game Sanctuary access permits. (a) Fees for permits issued by the department under 5 AAC 92.066 for access to Round Island and adjacent waters in the Walrus Islands State Game Sanctuary are as follows: (1) for a camping permit, each application must be accompanied by a fee of $100 per person; (2) for a day-use permit, the fee is $20 per person per day. (b) Scientific/education permits are issued free of charge. (c) The department will refund to an unsuccessful camping permit applicant the fee submitted under (a)(1) of this section {#sec-5-aac-93.035 omnilex-key=us-ak-regs-official--title-5--5 AAC 93.035}

History

Authority: AS 16.05.020; AS 16.05.050
Eff. 11/1/91, Register 120; am 3/24/2018, Register 225

5 AAC 93.037 Fees for Stan Price State Wildlife Sanctuary access permits. (a) The fee for a day use permit issued by the department under 5 AAC 92.064 for access to the Stan Price State Wildlife Sanctuary (Pack Creek) for the period from April 1 through September 30 is $30 per person per day. (b) There is no access fee for a scientific or educational permit. (c) There is no access fee for a commercial outfitter or guide permitted to operate at Pack Creek {#sec-5-aac-93.037 omnilex-key=us-ak-regs-official--title-5--5 AAC 93.037}

History

Authority: AS 16.05.020; AS 16.05.050; AS 16.20.150
Eff. 4/6/97, Register 142; am 5/29/99, Register 150; am 4/28/2005, Register 174; am 12/25/2025, Register 256

5 AAC 93.040 Radio telemetry frequencies. Each radio telemetry frequency used by the department for a telemetry study of game is confidential. Neither the commissioner nor any other department employee will release a frequency except: (1) to a government agency doing a wildlife study approved by the commissioner; or (2) to another state agency if the commissioner finds that the agency has a legitimate need to know the frequency {#sec-5-aac-93.040 omnilex-key=us-ak-regs-official--title-5--5 AAC 93.040}

History

Authority: AS 16.05.020; AS 40.25.120
Eff. 8/2/86, Register 99; am 8/20/89, Register 111

5 AAC 93.050 Grant of bison and musk oxen to private ownership. (a) The department, through the commissioner, will, in its discretion, determine whether a surplus exists in a herd of bison or musk oxen and that private ownership of bison or musk oxen is in the public interest. (b) The commissioner will consult with the Board of Game before making a final decision regarding whether there are surplus bison or musk oxen in a herd. Unless otherwise recommended by the Board of Game, subsistence uses, recreational hunting, natural dispersal, transplanting animals to new, vacant habitat, and scientific or educational uses, are uses that have priority over allocation to private ownership. In this section, "surplus" means the number of animals that may be removed from a herd in a year while still (1) allowing for maintenance of the herd on a sustained yield basis; (2) accomplishing population objectives for that herd; and (3) ensuring that demands are met for other uses of the animals that are of a higher priority. (c) If the commissioner determines under (b) of this section that a surplus of bison and musk oxen exists, the commissioner will provide legal notice to the public stating the number, sex, and location of the surplus animals, and other pertinent information. The legal notice will include an invitation to all qualified applicants to apply for a grant of bison or musk oxen to private ownership. (d) An applicant for surplus bison or musk oxen must meet the following qualifications: (1) the applicant must provide evidence to the commissioner demonstrating experience in raising large animals, and must have facilities suitable for husbandry and for keeping the animals confined and under control; (2) the applicant must certify that the purpose of obtaining bison or musk oxen is for raising and breeding the animals as domestic stock for commercial purposes. (e) If qualified applicants submit requests for more animals than have been declared surplus, the commissioner will either (1) allocate the surplus animals equally among the qualified applicants so that no fewer than one male and one female animal will be allocated to each applicant; or (2) select one or more applicants by random drawing from the pool of qualified applicants. (f) Upon selection of applicants, the commissioner will publish legal notice of that decision in at least one newspaper of general circulation in the state. (g) The commissioner will issue to each successful applicant under this section, a document granting title to the allocated animals and their offspring. (h) A successful applicant shall pay a purchase price determined by the department for the animals granted; shall pay all costs of capturing, caring for, and transporting animals from the capture site to their destination; and shall reimburse the department for prorated costs of publishing legal notices. (i) Animals granted under this section become private property and are considered domestic animals upon the issuance of a document granting title {#sec-5-aac-93.050 omnilex-key=us-ak-regs-official--title-5--5 AAC 93.050}

History

Authority: AS 16.05.020; AS 16.40.010
Eff. 8/8/87, Register 103; am 8/20/89, Register 111

5 AAC 93.060 Little Susitna Public Use Facility fees. (a) A person may not use a Little Susitna Public Use Facility developed campsite, boat ramp, parking area, or dump station without first paying to the department the applicable fee established under this section and displaying the fee receipt as directed by department personnel. The fees established under this section apply only during the season from April 15 through October 31 of a calendar year. (b) Except as provided in (e) of this section, the department fees for noncommercial use of the Little Susitna Public Use Facility are as follows: (1) $15 per night for a one-night camping pass or $150 for a season camping pass; a one-night camping pass entitles the holder of the pass to overnight use of a developed campsite and parking for one vehicle; a season camping pass entitles the holder of the pass to overnight use of a developed campsite and parking for one vehicle, for the season, depending on space availability; (2) Except as provided in (b)(1), (b)(3), and (b)(4) of this section, $7 a vehicle for each calendar day for a one-day parking pass or $100 a vehicle for a season parking pass; (3) $15 for each boat for one-launch and retrieval and one-day parking pass; a one-launch and retrieval and one-day parking pass entitles the holder of the pass to one launch and retrieval of one boat, and parking for one vehicle with an attached trailer for one calendar day; (4) $200 for each boat for a season launch and parking pass; a season launch and parking pass entitles the holder of the pass to unlimited launches and retrievals of one boat, to parking for one vehicle with an attached trailer, and to tie up one boat along the riverbank within the Little Susitna Public Use Facility for the season, depending on space availability; (5) $15 for each calendar day for parking an unattached trailer in the upper parking lot; an unattached trailer may not be parked in the lower lot; and (6) $10 a vehicle for each use of the dump station. (c) Except as provided in (e) of this section, the department fees for commercial use of the boat ramp and campsites at the Little Susitna Public Use Facility, for the purpose of deriving income, are as follows: (1) $450 for a season launch and parking pass for an individual who does not possess an authorization described in (2) of this subsection; a commercial season launch and parking pass entitles the holder of the pass to unlimited launches and retrievals of one boat, to parking for one vehicle with an attached trailer, and to tie up the boat along the riverbank within the Little Susitna Public Use Facility for the season, depending on space availability; (2) $450 for a season launch and parking pass for an individual who possesses a valid authorization for commercial use of the recreational rivers and state park facilities upstream of the Susitna Flats State Game Refuge; a commercial season launch and parking pass entitles the holder of the pass to unlimited launches and retrievals of one boat, to parking for one vehicle with an attached trailer, and to tie up the boat along the riverbank within the Little Susitna Public Use Facility for the season, depending on space availability; (3) $300 for a season camping pass; a commercial season camping pass entitles the holder of the pass to overnight use of a developed campsite for the season, depending on space availability; (4) $15 for a calendar day for parking an unattached trailer in the upper parking lot; an unattached trailer may not be parked in the lower lot; and (5) $10 a vehicle for each use of the dump station. (d) A commercial pass issued under (c) of this section is nontransferable, and entitles the holder to advertising space on the Little Susitna Public Use Facility information kiosk as determined by the department. There is no daily launch and parking pass and no daily camping pass available to commercial users. (e) The fees established in (b) and (c) of this section do not apply to a law enforcement officer or a state employee engaged in refuge management activities authorized by the department or engaged in other law enforcement activities. (f) Failure to pay an applicable fee or to display the fee receipt as directed is a violation of this section, constitutes a misdemeanor under AS 16.05.925, and subjects the violator to arrest under AS 16.05.160 and citation under AS 16.05.165. If a vehicle is parked at the Little Susitna Public Use Facility and the fees required by this section have not been paid and the fee receipt is not properly displayed, the department will consider the registered vehicle owner to be the violator of this section, unless the registered owner presents evidence satisfactory to the department that the (1) owner is a car rental agency and that the vehicle was under a rental contract at the time of the violation; or (2) vehicle was being used without the owner's consent {#sec-5-aac-93.060 omnilex-key=us-ak-regs-official--title-5--5 AAC 93.060}

History

Authority: AS 16.05.020; AS 16.20.036; AS 16.20.060 AS 16.05.050; AS 16.20.050
Eff. 9/20/90, Register 115; am 8/7/92, Register 123; am 5/25/94, Register 130; am 4/25/96, Register 138; am 5/4/2000, Register 154; am 5/19/2017, Register 222

5 AAC 93.070 Wildlife stocking. For the purposes of stocking land under AS 16.05.020 and AS 16.25.010, the division of wildlife conservation's Wildlife Transplant Policy dated July 7, 1995 is adopted by reference. The division's transplant policy sets out the division's policy statement and includes transplant evaluation criteria, procedures for transplant proposals, and transplant guidelines {#sec-5-aac-93.070 omnilex-key=us-ak-regs-official--title-5--5 AAC 93.070}

History

Authority: AS 16.05.020; AS 16.05.050; AS 16.25.010
Eff. 8/11/95, Register 135

5 AAC 93.080 Conditions and procedures for raffles and auctions of big game harvest permits. (a) To the extent consistent with management, protection, maintenance, or extension of state game resources, the department will, in its discretion, issue big game harvest permits as described in AS 16.05.343. (b) An organization shall submit a written proposal for a big game harvest permit to the department and described the organization's qualifications as required by AS 16.05.343. The written proposal must be submitted at least 30 days before the scheduled auction or raffle and must also include the following: (1) date, time, and place of the auction or raffle; (2) type of function at which the harvest permit will be auctioned or raffled; (3) estimated attendance or participation; (4) proposed advertising and marketing strategy; (5) an explanation of any other services to be provided by the organization in addition to the authorized big game harvest permit; and (6) for proposals for a harvest permit under AS 16.05.343(c), an estimate of administrative costs and percentage of net proceeds, if any, to be retained by the qualified organization. (c) Before the department will issue a big game harvest permit under AS 16.05.343 and this section, the department and the organization will enter into a memorandum of understanding that includes provisions for an accounting by the organization for the use of proceeds derived from the raffle or auction of the permit. (d) If a big game harvest permit is auctioned or raffled, the qualified organization receiving a harvest permit under AS 16.05.343(c) shall submit the full amount of the bid, less approved administrative costs and percentage of net proceeds, and the name of the successful bidder to the department no later than 12:00 noon on the 30th day following the auction or raffle. If the qualified organization fails to comply with this subsection, the department will invalidate the big game harvest permit. (e) A big game harvest permit issued under AS 16.05.343 and this section may be used only for hunts in areas during an open season for nonresidents. (f) For a big game harvest permit issued under AS 16.05.343(c), a complimentary hunting license and big game tag will be provided under AS 16.05.335, or by the department. (g) No more than a total of three big game harvest permits, which may include no more than one harvest permit for each species, will be issued to any one organization annually. (h) If the number of proposals received from organizations exceeds the total number of harvest permits allowed under AS 16.05.343, the director of the division of wildlife conservation shall evaluate the proposals to determine which organizations best satisfy the intent and purpose of AS 16.05.343. (i) The department will, in its discretion, deny a proposal received for a big game harvest permit if the department determines that an organization's proposal does not satisfy the intents and purposes of AS 16.05.020 or AS 16.05.343. (j) If a big game harvest permit, authorized under AS 16.05.343(c), is not issued, the department will, in its discretion, sell the harvest permit by sealed bid {#sec-5-aac-93.080 omnilex-key=us-ak-regs-official--title-5--5 AAC 93.080}

History

Authority: AS 16.05.020; AS 16.05.050; AS 16.05.343
Eff. 8/24/97, Register 143

Article 2 Educational Fishery Program

5 AAC 93.200 Standards for an educational fishery program. An educational fishery program must have (1) instructors who are qualified to teach the subject matter; (2) enrolled students; (3) minimum attendance requirements; (4) procedures for testing a student's knowledge of the subject matter or the student's proficiency in performing learned tasks; and (5) standards for successful completion of the program {#sec-5-aac-93.200 omnilex-key=us-ak-regs-official--title-5--5 AAC 93.200}

History

Authority: AS 16.05.020; AS 16.05.340(b)
Eff. 4/28/95, Register 134

5 AAC 93.205 General conditions and requirements of an educational fishery program permit. (a) An educational fishery permit may be used for a period not to exceed one year from the date of issue. An educational fishery permit may be renewed annually for a period of up to one year if the permittee submits a request for renewal in accordance with 5 AAC 93.210(d). (b) A permittee shall keep a copy of the permit, including amendments, at the site where activities authorized by the permit are taking place and shall show the permit to a representative of the department upon request. (c) Fishery resources harvested under an educational fishery permit may be consumed by humans or discarded if unfit for human consumption. The fishery resource may not be consumed by animals, bartered, sold, or exchanged for anything of value. (d) Other regulations in 5 AAC regarding fisheries activities do not apply to activities allowed under an educational fishery permit issued under 5 AAC 93.200 - 5 AAC 93.235 {#sec-5-aac-93.205 omnilex-key=us-ak-regs-official--title-5--5 AAC 93.205}

History

Authority: AS 16.05.020; AS 16.05.340(b)
Eff. 4/28/95, Register 134

5 AAC 93.210 Application for an educational fishery permit. (a) Except as provided in (e) of this section, the commissioner will issue a nontransferable, no-cost educational fishery permit to an applicant who proposes to operate an educational fishery program that meets the standards set out in 5 AAC 93.200 and who submits a completed application that complies with (b) of this section. (b) An applicant for an educational fishery permit shall submit an application, in writing, to the commissioner no later than 120 days before the date the applicant proposes to begin the educational fishery program. The applicant shall describe or identify (1) the purposes of the program; (2) a profile of the students that the program will serve; (3) the qualifications of program instructors and administrators; (4) a schedule of classes or training sessions; (5) the texts, equipment, teaching aids, and other materials that will be used in the program; (6) how students will be tested for knowledge or proficiency gained through the program; (7) the standards for successful completion of the program; (8) the student attendance requirements for classes or training sessions; (9) when fishery resources will be harvested, how many of each species are needed to fulfill the educational objectives of the program, what fishery resources will be affected, and what other users currently harvest the affected fishery resources; and (10) the area where the program will occur, including a scaled map of the area. (c) An applicant who is unable to provide all of the information under (b)(1) - (b)(10) of this section may submit a request for a waiver. The applicant shall submit the request for a waiver, in writing, with the applicant's application for an educational fishery permit. The request for a waiver must identify the information that the applicant is unable to provide and must describe the reason or reasons why the applicant is unable to provide the information. The commissioner will, in the commissioner's discretion, grant the applicant's request for a waiver and process an application if the commissioner determines that the (1) applicant's inability to provide the information is reasonable; or (2) omitted information can be obtained through the department's own records. (d) A permittee may request renewal of an educational fishery permit by submitting a request for renewal, in writing, to the commissioner. The request for renewal must be submitted no later than 120 days before the expiration of an existing educational fishery permit and must describe any corrections or modifications to the information provided on the permittee's original application submitted under (b) of this section. (e) The commissioner will not issue or renew an educational fishery permit under this section if the commissioner determines that the (1) educational objective of the program can be accomplished under existing fisheries statutes and regulations; (2) sustained yield of any fishery resource would be jeopardized or the fishery resource would be significantly reallocated among existing users; (3) applicant failed to provide the additional information requested under (f) of this section; (4) applicant violated a condition or requirement of an educational fishery permit that was issued to the applicant under a previous application; or (5) applicant failed to comply with the reporting requirements set out in 5 AAC 93.215. (f) No later than 60 days after receiving an application for an educational fishery permit submitted under (b) of this section, the commissioner will respond, in writing, to the applicant and either issue or deny the permit, or request the applicant to provide additional information about the proposed educational fishery program. (g) No later than 60 days after receiving a request for renewal submitted under (d) of this section, the commissioner will respond, in writing, to the permittee and either renew or deny renewal of the permit, or request the permittee to provide additional information about the corrections or modifications to the original application as described in the permittee's request for renewal {#sec-5-aac-93.210 omnilex-key=us-ak-regs-official--title-5--5 AAC 93.210}

History

Authority: AS 16.05.020; AS 16.05.340(b)
Eff. 4/28/95, Register 134

5 AAC 93.212 Yukon Management Area educational fishing permit for customary and traditional harvest of salmon. (a) Notwithstanding other provisions of this chapter, the commissioner may issue an educational permit for the harvest of salmon within the Yukon Management Area, as described in 5 AAC 01.200, for the purposes of teaching and preserving long-established customary and traditional practices, including for ceremonial purposes. The educational fishery must have both instructors and students and must have attendance requirements. The commissioner may establish permit requirements, specify the required information that must be collected under the permit, and define activities allowed for the fishery and the area where the permit is issued. A permit will only be issued when the harvest of specified salmon species cannot be reasonably accommodated under existing regulations. (b) An educational permit for teaching and preserving traditional cultural practices may only be issued to a person, a household, or a village or tribal council, community, or similarly qualified organization. A permit may only be issued if (1) species that are harvested under the permit are used as described in the permit application; and (2) the department receives the applicant's permit application not later than 15 days before the date the applicant proposes to begin the educational fishery program. (c) An educational permit for ceremonial, funerary, or memorial purposes related to traditional cultural practices may only be issued to a person, a household, or a village or tribal council, community, or similarly qualified organization. A permit may only be issued if (1) species that are harvested under the permit are used as described in the permit request form by the applicant; and (2) the department receives the applicant's completed permit form in advance of the intended activity. (d) A permit application for teaching and preserving traditional cultural practices must specify (1) the requestor's name and contact information; (2) information related to the purpose for the application; (3) each individual authorized to participate in the permitted activity specific to the harvest of salmon; (4) the specific harvest location; and (5) information requested by the department. (e) A permit application submitted for ceremonial, funerary, or memorial purposes must specify (1) the requestor's name and contact information; (2) information related to the purpose for the application; (3) each individual authorized to participate in the permitted activity specific to the harvest of salmon; (4) the specific harvest location; and (5) information requested by the department. (f) The department shall establish permit requirements, applicable activities for which the harvest is permitted, reporting requirements, harvest limits by species, methods and means, allowable gear types, fishing dates, individuals authorized to conduct harvest activities, and other guidelines or requirements applicable to the approved permit. (g) The total harvest limit by species for an approved permit under this section for teaching and preserving traditional cultural practices is as follows: (1) 10 king salmon; (2) 50 summer chum salmon; (3) 25 fall chum salmon; (4) 25 coho salmon. (h) For approved permits combined under this section for teaching and preserving traditional cultural practices, (1) the total annual harvest limit by species is as follows: (A) 300 king salmon; (B) 1,000 summer chum salmon; (C) 500 fall chum salmon; (D) 500 coho salmon; and (2) when the total annual harvest limit has been reached, the department may not issue additional permits for the harvest of that species. (i) The total harvest limit by species for a permit issued under this section for ceremonial, funerary, or memorial purposes is as follows: (1) five king salmon; (2) 10 summer chum salmon; (3) 10 fall chum salmon; (4) 10 coho salmon. (j) A permit holder may initiate fishing upon receipt of the permit within the terms of the permit. (k) Only the permit holder and the authorized individuals listed on the permit may harvest salmon under the permit. (l) A permit holder or an authorized individual shall personally maintain the permit at all times while fishing and shall make the permit available to the department or law enforcement personnel upon request. (m) Once permitted activity is complete, a permit holder shall notify the department of the harvest taken and shall provide other information as specified in the permit {#sec-5-aac-93.212 omnilex-key=us-ak-regs-official--title-5--5 AAC 93.212}

History

Authority: AS 16.05.020; AS 16.05.340
Eff. 6/15/2025, Register 254

5 AAC 93.215 Reporting requirements. (a) A permittee shall report weekly to the department the number and species of the fishery resources harvested under an educational fishery permit. (b) Within 30 days of the close of the last fishing period authorized under an educational fishery permit, a permittee shall submit a final report to the department that identifies (1) the students who successfully completed the program; (2) the objectives of the program that were achieved; (3) the problems encountered in the program; (4) the periods and locations of fishing; (5) the total fishery resources harvested by species and amount; and (6) the disposition of harvested fishery resources {#sec-5-aac-93.215 omnilex-key=us-ak-regs-official--title-5--5 AAC 93.215}

History

Authority: AS 16.05.020; AS 16.05.340(b)
Eff. 4/28/95, Register 134

5 AAC 93.220 Amendment or revocation of an educational fishery permit. (a) No less than 10 days after notifying a permittee in writing, the commissioner will, in the commissioner's discretion, amend or revoke an educational fishery permit if the commissioner determines that such action is necessary to conserve fishery resources or to prevent a significant reallocation of fishery resources among existing users. (b) If the commissioner determines that a permittee has violated any terms of the educational fishery permit or that an educational fishery program creates an immediate, irreversible, or a significant threat to the health of a fishery resource, the commissioner will, in the commissioner's discretion, summarily revoke the permit without prior notification to the permittee {#sec-5-aac-93.220 omnilex-key=us-ak-regs-official--title-5--5 AAC 93.220}

History

Authority: AS 16.05.020; AS 16.05.340(b)
Eff. 4/28/95, Register 134

5 AAC 93.225 Request for reconsideration. (a) If an applicant disagrees with the commissioner's action regarding the issuance, renewal, denial, amendment, or revocation of an educational fishery permit, the applicant, within five days after receiving notice of the commissioner's action, may request the commissioner to reconsider the commissioner's action. A request for reconsideration must be in writing and must state the facts supporting a reversal of the commissioner's action. Within 10 days after receiving a request for reconsideration, the commissioner will respond to the applicant in writing and either grant or deny the request. (b) If the commissioner grants the request for reconsideration under (a) of this section, the commissioner will issue a decision on reconsideration within 15 days after the request for reconsideration was received. (c) The commissioner's decision to deny the request for reconsideration or the commissioner's decision on reconsideration will be the department's final administrative determination for purposes of appeal to the superior court {#sec-5-aac-93.225 omnilex-key=us-ak-regs-official--title-5--5 AAC 93.225}

History

Authority: AS 16.05.020; AS 16.05.340(b)
Eff. 4/28/95, Register 134

5 AAC 93.230 Transitional provisions for certain educational fishery permit procedures. Repealed {#sec-5-aac-93.230 omnilex-key=us-ak-regs-official--title-5--5 AAC 93.230}

History

Eff. 4/28/95, Register 134; repealed 6/17/2018, Register 226

5 AAC 93.235 Definitions. In 5 AAC 93.200 - 5 AAC 93.225, "educational fishery program" means a systematic program for educating persons concerning historic, contemporary, or experimental methods for locating, harvesting, handling, or processing fishery resources {#sec-5-aac-93.235 omnilex-key=us-ak-regs-official--title-5--5 AAC 93.235}

History

Authority: AS 16.05.020; AS 16.05.340
Eff. 4/28/95, Register 134; am 6/17/2018, Register 226

Article 3 Salmon Use

5 AAC 93.310 Waste of salmon. (a) Unless authorized under 5 AAC 93.310 - 5 AAC 93.390, a person may not waste salmon intentionally, knowingly, or with reckless disregard for the consequences. (b) Salmon is intended for a use listed in AS 16.05.831(a)(1) - (a)(3) if the salmon was taken by or is possessed by a person who has an authorization under state or federal law to take, process for sale, or sell the salmon. (c) In AS 16.05.831 and this section, the commissioner considers waste to not include (1) normal inadvertent loss of flesh associated with uses of salmon described in AS 16.05.831(a)(1) - (a)(3) or authorized under 5 AAC 93.310 - 5 AAC 93.390 where the loss cannot be prevented by practical means; or (2) failure to use or sell spoiled, diseased, or contaminated salmon flesh if the spoilage or contamination is not the result of intentional, knowing, or reckless actions; and, if the salmon could legally have been sold, the person disposing of the salmon complies with the requirements of (d) of this section. (d) Before disposing of spoiled, diseased, or contaminated salmon that could legally have been sold, a person shall record the number of salmon in a logbook, available from the department, by date, species, and reason for disposal. By December 31 of the year of disposal, the person shall submit a completed logbook to the department. (e) A logbook maintained, but not yet submitted under (d) of this section, shall be provided, upon request, to the department, the department's agent, or the Department of Public Safety for inspection. (f) Logbooks submitted under this section are public documents. (g) In this section, (1) "flesh" means all muscular body tissue surrounding the skeleton; (2) "person" has the meaning given in AS 01.10.060, including joint ventures and other business entities; for purposes of this section "person" does not include the state or the federal government {#sec-5-aac-93.310 omnilex-key=us-ak-regs-official--title-5--5 AAC 93.310}

History

Authority: AS 16.05.020; AS 16.05.831
Eff. 7/21/96, Register 139

5 AAC 93.319 Hatchery salmon use authorization. Expired {#sec-5-aac-93.319 omnilex-key=us-ak-regs-official--title-5--5 AAC 93.319}

5 AAC 93.320 Hatchery salmon use authorization. Repealed {#sec-5-aac-93.320 omnilex-key=us-ak-regs-official--title-5--5 AAC 93.320}

History

Eff. 7/21/96, Register 139; repealed 3/7/2001, Register 157

5 AAC 93.324 Hatchery salmon use authorization. Expired {#sec-5-aac-93.324 omnilex-key=us-ak-regs-official--title-5--5 AAC 93.324}

5 AAC 93.325 Hatchery salmon use authorization. Expired {#sec-5-aac-93.325 omnilex-key=us-ak-regs-official--title-5--5 AAC 93.325}

5 AAC 93.326 Prince William Sound Hatchery salmon use authorization. Expired {#sec-5-aac-93.326 omnilex-key=us-ak-regs-official--title-5--5 AAC 93.326}

5 AAC 93.327 Solomon Gulch Hatchery salmon use authorization. Expired {#sec-5-aac-93.327 omnilex-key=us-ak-regs-official--title-5--5 AAC 93.327}

5 AAC 93.328 Hatchery salmon use authorization. Expired {#sec-5-aac-93.328 omnilex-key=us-ak-regs-official--title-5--5 AAC 93.328}

5 AAC 93.330 Hatchery salmon use authorization. (a) Notwithstanding AS 16.05.831(a) and 5 AAC 93.310, the commissioner may, by emergency order, open a fishing season in any area during which a hatchery operator, or a processor or catcher processor working under contract for the hatchery operator, may remove and sell pink and chum salmon roe without further utilization of the carcasses of the salmon under this section. (b) The provisions of this section apply only to pink and chum salmon that (1) originated from a hatchery; (2) are harvested in a hatchery terminal harvest area or hatchery special harvest area; (3) if left unharvested may create a public nuisance or stray and intermix with or interfere with natural salmon stocks; (4) have matured to the point that the hatchery operator reasonably determines that the flesh of the salmon cannot be marketed or put to other lawful use without an unreasonable risk of incurring a financial loss; (5) are required to be harvested under the terms of a hatchery permit; (6) are retained until after completion of a fish ticket; and (7) are disposed of at the same time as other salmon reported on the same fish ticket. (c) Before operating under this section in any calendar year, a hatchery operator must submit a written notice of intent to operate to the department and receive a written acknowledgment from the department that the department has received a completed notice of intent to operate. (d) After receiving the written acknowledgment described in (c) of this section, during a season opened by emergency order under this section, a hatchery operator, or an individual or company working for the hatchery operator, may remove the roe from pink and chum salmon without further use of the carcasses if the requirements of (b) of this section are met. (e) Repealed 4/25/2021. (f) Repealed 4/25/2021. (g) Reports and other information provided to the department under this section are public records. (h) Repealed 4/25/2021. (i) Repealed 4/25/2021. (j) Repealed 4/25/2021. (k) If the commissioner determines that operations under this section are not consistent with the maximum and wise use of the resource, the commissioner may, by emergency order, close the season and reopen a new season during which the terms of an authorization are modified or revoked for salmon processed or caught in any fishing district, subdistrict, or section. (l) Repealed 4/25/2021 {#sec-5-aac-93.330 omnilex-key=us-ak-regs-official--title-5--5 AAC 93.330}

History

Authority: AS 16.05.020; AS 16.05.831
Eff. 9/30/2007, Register 183; am 4/25/2021, Register 238

5 AAC 93.349 General authorizations for use of salmon. Expired {#sec-5-aac-93.349 omnilex-key=us-ak-regs-official--title-5--5 AAC 93.349}

5 AAC 93.350 General authorizations for use of salmon. (a) Notwithstanding AS 16.05.831(a) and 5 AAC 93.310, and unless otherwise prohibited by law, under the authorization of this subsection a person may use salmon taken in a hatchery cost recovery fishery, or in a commercial, sport, personal use, or subsistence fishery for bait. (b) Notwithstanding AS 16.05.831(a) and 5 AAC 93.310, and unless otherwise prohibited by law, under the authorization of this subsection a person may use salmon taken in a commercial fishery or hatchery cost recovery fishery for the production of fertilizer or fish meal. (c) Notwithstanding AS 16.05.831(a) and 5 AAC 93.310, and unless otherwise prohibited by law, under the authorization of this subsection a person may use salmon taken in a hatchery cost recovery fishery, conducted in a special harvest area, for the production of fish oil. (d) Notwithstanding AS 16.05.831(a) and 5 AAC 93.310, a person may dispose of the carcass of a salmon from which milt or eggs are extracted under a permit issued under AS 16.10.400 - 16.10.480 for lawful use as broodstock if the permit holder (1) removes eggs that are not used for fertilization from no more than 10 percent of the permit holder's female broodstock during milt and egg extraction; or (2) immediately notifies the department, in writing, of any extraction of eggs that will not be used for fertilization that exceed the limits established in (1) of this subsection. (e) For the purposes of this section, "broodstock" has the meaning given in 5 AAC 40.990 {#sec-5-aac-93.350 omnilex-key=us-ak-regs-official--title-5--5 AAC 93.350}

History

Authority: AS 16.05.020; AS 16.05.831
Eff. 7/21/96, Register 139; am 8/18/2002, Register 163; am 7/16/2006, Register 179; am 9/30/2007, Register 183; am 8/15/2008, Register 187; am 4/25/2021, Register 238

5 AAC 93.390 Procedures for authorization for other uses of salmon. A request for an authorization under AS 16.05.831(b), for uses of salmon that would otherwise be prohibited by AS 16.05.831 and regulations adopted under it, must be made by a petition under AS 44.62.220 {#sec-5-aac-93.390 omnilex-key=us-ak-regs-official--title-5--5 AAC 93.390}

History

Authority: AS 16.05.020; AS 16.05.831
Eff. 7/21/96, Register 139

Article 4 Salmon Fishery Associations

5 AAC 93.400 Application for qualified salmon fishery association. (a) The commissioner will determine that an applicant for a qualified salmon fishery association is qualified under AS 16.40.250 if the applicant meets the requirements of this section. (b) Each year, the commissioner will only accept an application under this section that is submitted to the commissioner either from (1) April 1 through April 15; or (2) September 1 through September 15. (c) An applicant for qualification as a qualified salmon fishery association under this section must submit (1) a complete application on a form prescribed by the department; (2) a certified copy of valid articles of incorporation and bylaws or other proof of incorporation as a nonprofit corporation under AS 10.20; (3) proof that the salmon fishery association is comprised of only interim-use permit and entry permit holders in the salmon fishery for which the association is established; and (4) a list of the name, address, and telephone number of each member of the board of directors of the association that shows that the members meet the requirements of AS 16.40.250(3). (d) In this section, (1) "commissioner" means the commissioner of fish and game; (2) "department" means the Department of Fish and Game; (3) "qualified salmon fishery association" has the meaning given in AS 43.76.280 {#sec-5-aac-93.400 omnilex-key=us-ak-regs-official--title-5--5 AAC 93.400}

History

Authority: AS 16.05.020; AS 16.05.050; AS 16.40.250
Eff. 7/30/2006, Register 179

Article 5 Fish and Game Licensing and License Vendors

5 AAC 93.510 Qualifications for resident license; proof of residency. (a) A resident license may be issued only to a person who meets the residency requirements of AS 16.05.415 and 16.05.940. (b) An applicant for a resident license has the burden of proving that the applicant is entitled to the resident license. By signing the license, the applicant attests, under penalty of unsworn falsification and the penalties provided in AS 16.05.430 or 16.05.665, that the applicant meets the residency requirements specified in (a) of this section. (c) The department or license vendor may accept as adequate proof of an applicant's residency the applicant's Alaska driver's license, voter registration card, school records, proof of home ownership or rental receipts, tax records, employment records, or court or other governmental agency records showing to the satisfaction of the department or license vendor that the applicant meets the residency requirements in AS 16.05.415 and 16.05.940 {#sec-5-aac-93.510 omnilex-key=us-ak-regs-official--title-5--5 AAC 93.510}

History

Authority: AS 16.05.020; AS 16.05.330; AS 16.05.415 AS 16.05.050; AS 16.05.360; AS 16.05.450
Eff. 1/13/2012, Register 201

5 AAC 93.520 Qualifications for reduced-fee resident hunting, trapping, and sport fishing license; proof of qualifications. (a) The fee for a resident hunting, trapping, and sport fishing license may be reduced as authorized by AS 16.05.340(a)(6)(A) for a person who meets the residency requirements of AS 16.05.415 and 16.05.940 and 5 AAC 93.510 and the indigence assistance or low income requirements of AS 16.05.340(a)(6)(A). (b) An applicant for a reduced-fee resident hunting, trapping, and sport fishing license has the burden of proving that the applicant is entitled to the license. By signing the license, the applicant attests, under penalty of unsworn falsification and the penalties provided in AS 16.05.430, that the applicant meets the qualifications specified in (a) of this section. (c) Upon request of the department or a peace officer, a person who applies for or obtains a reduced-fee resident hunting, trapping, or sport fishing license under AS 16.05.340(a)(6)(A) and this section must provide proof of eligibility to the department or peace officer no later than 14 days after the request is made {#sec-5-aac-93.520 omnilex-key=us-ak-regs-official--title-5--5 AAC 93.520}

History

Authority: AS 16.05.020; AS 16.05.330; AS 16.05.360 AS 16.05.050; AS 16.05.340; AS 16.05.450
Eff. 1/13/2012, Register 201

5 AAC 93.530 Refund of license fees. (a) A person who wishes to obtain a refund of a license fee must apply by submitting a written request directly to the department, including the person's original license and supporting documentation that shows the person meets the requirements in (b) of this section. (b) A refund of a license fee will be granted by the department under this section only if the licensee or the licensee's representative demonstrates to the satisfaction of the department that the licensee was unable to make any use of the license as a result of (1) the death or serious disabling illness or injury of the licensee that occurred after the licensee's purchase of the license and before the opening of any season for which the license may have been used; in the case of a serious disabling illness or injury, the illness or injury must have lasted until all seasons for which the license may be used are closed; (2) the permanent cancellation of the opening of all seasons to which the license applied, rendering the license unusable at any time during the year for which it was issued; or (3) a catastrophic event that the department determines justifies a refund of the license fee, including a localized volcano eruption or a terror alert that prohibits the licensee's air travel to this state. (c) A refund will not be made under this section to a licensee who is (1) unsuccessful in the licensee's efforts to tale fish or game or obtain employment as a crewmember; or (2) unable to conduct the licensed activity due to scheduling difficulties, transportation problems, misconduct of a guide, or other circumstances that prevent the licensee from undertaking the activity the licensee had planned, but which do not prevent the licensee from undertaking licensed activities at either an earlier or later time {#sec-5-aac-93.530 omnilex-key=us-ak-regs-official--title-5--5 AAC 93.530}

History

Authority: AS 16.05.020; AS 16.05.360 AS 16.05.050; AS 16.05.450
Eff. 1/13/2012, Register 201

5 AAC 93.540 Duplicate license. (a) A licensee who has lost or destroyed the licensee's license may apply to the department or any license vendor for a duplicate license under this section. (b) An applicant for a duplicate license must submit an application on a form prescribed by the department for that purpose, along with the applicable duplicate license fee established in AS 16.05.340 or 5 AAC 39.110(g). By signing the form, the applicant attests, under penalty of unsworn falsification and the penalties provided in AS 16.05.430 or 16.05.665, that the information provided is correct and the applicant meets the requirements for a duplicate license. (c) A person who makes a false statement as to a material fact on an application for a duplicate license under section is subject to the penalties provided in AS 16.05.430 or 16.05.665 {#sec-5-aac-93.540 omnilex-key=us-ak-regs-official--title-5--5 AAC 93.540}

History

Authority: AS 16.05.020; AS 16.05.340; AS 16.05.450 AS 16.05.050; AS 16.05.360
Eff. 1/13/2012, Register 201

5 AAC 93.550 Qualifications for and appointment of license vendor. (a) A natural person who is at least 18 years of age and who has not been convicted of a felony within the five years preceding the date of appointment qualifies for appointment as a license vendor. A business entity with a current business license in this state issued under AS 08 and 12 AAC 12 qualifies for appointment as a license vendor. (b) An applicant for an appointment as a license vendor shall apply to the commissioner by submitting an application form prescribed and provided by the department. The application form must be completed and signed by the applicant. If the applicant is a business entity, the application form must be signed by an authorized representative of the applicant and must designate an authorized representative of the applicant at each of the locations that licenses will be issued who will (1) serve as the department's primary contact for that location on matters relating to licensing; and (2) remit payments and provide reports as required by the department, including certifying compliance with the applicant's duties and obligations as a license vendor at that location. (c) An appointment as a license vendor is solely at the discretion of the commissioner. The commissioner may deny an appointment of a license vendor applicant based on a finding that a particular area or locale is adequately served by existing license vendors and that appointment of an additional license vendor would not benefit the public, a finding that the applicant failed at any time in the preceding three years to perform duties of a license vendor under 5 AAC 93.555 or under the terms of an appointment contract, or a finding for any other reason that the commissioner determines warrants denial of an appointment. If the commissioner denies an applicant appointment under this subsection, the commissioner will advise the applicant in writing of the decision and the reasons for the denial. If the denial is based on a finding that the area or locale is adequately served by existing license vendors, the written decision will include a list of the name and address of each license vendor in the area or locale of the applicant. (d) An appointment is not effective until the commissioner notifies the applicant that the application has been accepted and the applicant has signed and returned to the commissioner a license vendor contract on a form provided by the department that includes (1) the term of the appointment, not to exceed a calendar year; (2) the class or classes of licenses that the license vendor is authorized to issue; (3) an acknowledgement by the license vendor applicant that the commissioner may audit, examine, and collect the books and license inventory of the license vendor; (4) the duties of the license vendor to remit the amounts due to the commissioner and account for all money collected, which unless otherwise specified in the contract must be remitted and accounted for no later than 15 days after the end of each calendar month; (5) other reporting and accounting obligations of the license vendor; (6) the duties of the license vendor regarding care and custody of licenses and related materials provided by the department, which include the duty not to change or deface any licenses and related material; and (7) any other requirements the commissioner determines are appropriate. (e) Each year, the applicant must reapply and sign a new license vendor contract or a renewal of the contract on a form provided by the department for that calendar year. (f) A person may be appointed to serve as license vendor for a temporary period, not to exceed 45 days, by verbal notice, confirmed by the commissioner in writing, if the commissioner finds the appointment is necessary because of the death, incapacity, or resignation of a license vendor serving an area or locale, or the absence of a license vendor for an area or locale {#sec-5-aac-93.550 omnilex-key=us-ak-regs-official--title-5--5 AAC 93.550}

History

Authority: AS 16.05.020; AS 16.05.360; AS 16.05.450 AS 16.05.050; AS 16.05.380
Eff. 1/13/2012, Register 201

5 AAC 93.555 Duties of license vendor. (a) A license vendor shall (1) carefully and properly handle, and account to the commissioner for, all licenses and licensing materials provided to the vendor by the department and all money received by the vendor for licenses; and (2) fully comply with the terms and conditions of the contract between the commissioner and the license vendor. (b) Except as otherwise provided in this section, the commissioner will provide a blanket bond in a form and containing terms established by the commissioner for each license vendor in an amount of not less than $5,000. An applicant as a license vendor must complete all forms necessary to obtain coverage under the bond. If, based on the past or expected performance of a license vendor, the commissioner determines that the amount of money for licenses that the license vendor will handle during the term of the license vendor's appointment is more than four times the amount of the bond coverage under this subsection, and that the interests of the state are not otherwise adequately protected, the commissioner may require the applicant to post a bond in an amount established by the commissioner. (c) The commissioner may require that the license vendor establish a bank account to which the license vendor must deposit all fees collected for licenses. If a license vendor is required to establish a bank account under this section, the license vendor shall add the commissioner as an authorized signature on the account and must provide the commissioner with all information necessary to access that account. The commissioner may instead require that the license vendor deposit fees collected directly to an account established by the commissioner for that purpose. Requirements established under this subsection will be stated in the contract or in an amended contract between the commissioner and the license vendor. (d) A license vendor may not issue or assist in the issuance of a license to an individual that the vendor believes or has reason to believe has attempted to take or has taken fish or game for which the license was not acquired by the individual before the hunting or fishing activity {#sec-5-aac-93.555 omnilex-key=us-ak-regs-official--title-5--5 AAC 93.555}

History

Authority: AS 16.05.020; AS 16.05.360; AS 16.05.460 AS 16.05.050; AS 16.05.380
Eff. 1/13/2012, Register 201

5 AAC 93.560 Fees, retainage, and compensation for issuance of licenses. (a) Except as provided in AS 16.05.470 for licensing of commercial fishing crewmembers and vessels, a license vendor who is not a state employee is entitled to compensation as provided in AS 16.05.390. (b) Calculation of the compensation due a license vendor under AS 16.05.390 will be based on reports and proceeds received by the commissioner by the end of each calendar quarter. Compensation for licenses sold in one quarter and reported the following quarter must be included in the calculation for the current quarter. If a license vendor reports sales of licenses in one calendar year on the next calendar year report, and the vendor's total sales for the previous year were less than 50 licenses, the difference between 50 and the number of licenses actually sold will be deducted from the year reported and added to the previous year's sales to ensure that the license vendor is not paid twice for these sales. (c) If the commissioner determines that the license vendor has submitted less than the full amount due, the commissioner, before making payment of the compensation authorized by AS 16.05.390(a)(2) and this section, will deduct from the compensation the difference between the amount due and the amount submitted to the commissioner. The commissioner will inform the license vendor, in writing of all deductions. (d) The commissioner will pay the license vendor within the time specified in AS 16.05.390(c). The commissioner may assess a penalty against a vendor under AS 16.05.390(g) who does not timely transmit proceeds to the commissioner. (e) The commissioner may choose not to renew a contract or enter into a new contract with a license vendor if the retainage by and compensation paid to the license vendor in the preceding year exceed the amount remitted to the commissioner for licenses sold by the license vendor {#sec-5-aac-93.560 omnilex-key=us-ak-regs-official--title-5--5 AAC 93.560}

History

Authority: AS 16.05.020; AS 16.05.380; AS 16.05.460 AS 16.05.050; AS 16.05.390
Eff. 1/13/2012, Register 201

5 AAC 93.565 Employees of license vendor. (a) An employee of a license vendor may issue licenses under the authority of the license vendor if the license vendor complies with the requirements of (b) of this section. An employee who is authorized to issue licenses under this section has all the duties, obligations, and authority of a license vendor, except as limited by (c) of this section or as limited by the employer. An employee who issues a license shall sign and include the employer's license vendor license number on each license issued by the employee. (b) The license vendor assumes responsibility for all the license vendor's employees who issue licenses. Any failure or default by an employee, including failure to account for all money and all licensing forms, is a failure or default by the license vendor, and the commissioner may take action against the employee, the license vendor, or both. (c) The license vendor is responsible for the submission of all reports and the accounting of all money collected by the employee. The payment and compensation authorized by AS 16.05.390(a) will be paid to the license vendor. The employee will have no right or interest in any retainage or compensation under AS 16.05.390. Upon the termination of the employee's employment, or at the request of the license vendor, the employee's licensing authority immediately terminates and the employee shall immediately provide the employer with all money, licenses, and other licensing materials received by or in the possession of the employee {#sec-5-aac-93.565 omnilex-key=us-ak-regs-official--title-5--5 AAC 93.565}

History

Authority: AS 16.05.020; AS 16.05.380 AS 16.05.050; AS 16.05.460
Eff. 1/13/2012, Register 201

5 AAC 93.570 Suspension, revocation, and expiration of license vendor appointment. (a) If a license vendor fails to perform duties and obligations under this chapter or under the license vendor's contract with the commissioner, the commissioner may give the vendor notice of the vendor's noncompliance and a demand for compliance. If the commissioner determines that the failure is reckless or willful, the commissioner may give notice of immediate suspension or revocation of the contract and the appointment. If the license vendor fails to remedy the noncompliance within the time frame specified in a notice and demand for compliance, the commissioner may revoke the vendor's contract and appointment. The commissioner may take any other action necessary to protect the state's interests and remedy noncompliance, including commencement of suit. (b) The commissioner may suspend or revoke a license vendor appointment for any of the grounds listed in (a) of this section, including the following circumstances: (1) notice of bond cancellation is received by the department; (2) a discrepancy exists between the license vendor's records or returns required to be filed with the commissioner and the department's audit or examination of the license vendor's books and inventory; (3) the license vendor fails to collect fees or fails to pay to the department money due to the commissioner; (4) a renewal application is not timely filed; (5) the license vendor fails to meet any of the conditions specified in the contract or required by AS 16.05, 5 AAC 93.510 - 5 AAC 93.540; (6) the license vendor knowingly or willfully issues, or causes to be issued, a license to an individual who has attempted to take or has taken fish or game for which the license was not acquired by the individual before the hunting or fishing activity. (c) If a license vendor appointment is revoked under this section, the license vendor may not apply for a new appointment for three years after the date of revocation. The date of suspension or revocation is the date specified in the notice of suspension or revocation. (d) If the commissioner revokes a license vendor's authorization to issue licenses, or if the authorization expires at the end of a calendar year and the commissioner does not renew the contract or enter into a new contract with the license vendor, the license vendor shall (1) remit to the commissioner all money collected, except the amounts to which the license vendor is entitled to under 5 AAC 93.560; (2) return all licenses and license materials to the department; and (3) provide the commissioner with all required reports by the 15th day of the month following the month in which the license vendor appointment expires or revocation takes effect {#sec-5-aac-93.570 omnilex-key=us-ak-regs-official--title-5--5 AAC 93.570}

History

Authority: AS 16.05.020; AS 16.05.340; AS 16.05.390 AS 16.05.050; AS 16.05.380; AS 16.05.460
Eff. 1/13/2012, Register 201

5 AAC 93.595 Definitions. Unless the context indicates otherwise, in 5 AAC 93.510 - 5 AAC 93.595 (1) "account for all money" means to deliver to the commissioner (A) fees collected and money due the commissioner on account of, or by virtue of, the sale, issuance, or loss of licenses by a license vendor or employee of a license vendor that is accounted for when the money is received by the commissioner and, if money is transmitted by check, when bank clearance of the check occurs; and (B) required reports showing the disposition of money received by the license vendor for issuance of licenses; (2) "area or locale" means a geographical region of any size that the commissioner determines constitutes a single region where persons within that region or adjacent regions could reasonably be expected to purchase licenses from license vendors within that region; (3) "business entity" means a corporation, partnership, or sole proprietorship, store or other single location from which a business is conducted; (4) "commissioner" means the commissioner of fish and game; (5) "contract" means the agreement between the commissioner and a license vendor that sets out the duties and obligations of a license vendor and authorizes the license vendor to issue licenses; (6) "department" means the Department of Fish and Game; (7) "employee" means a person who is employed by a license vendor; (8) "issue" includes (A) taking of applications for licenses; (B) issuing licenses; and (C) collecting fees for licenses; (9) "license" (A) includes a license, permit, or tag, and each class or type of license, that the department issues under AS 16.05.330, 16.05.340, 16.05.450(a), 16.05.480(a), and this chapter; (B) does not include (i) complimentary licenses distributed by the governor under AS 16.05.335; (ii) free licenses for disabled veterans and active members of the Alaska National Guard and military reserves issued under AS 16.05.341; and (iii) identification cards for persons exempt from license requirements under AS 16.05; (10) "licensee" means a person who purchases one or more licenses; (11) "license vendor" means a natural person or business entity that has been appointed by the commissioner and has entered into a contract with the commissioner to take applications and payments for and to issue one or more classes of fish and game licenses; (12) "resident" has the meaning given in AS 16.05.940 {#sec-5-aac-93.595 omnilex-key=us-ak-regs-official--title-5--5 AAC 93.595}

History

Authority: AS 16.05.020; AS 16.05.360; AS 16.05.450 AS 16.05.050; AS 16.05.380; AS 16.05.460 AS 16.05.330; AS 16.05.390; AS 16.05.940
Eff. 1/13/2012, Register 201

Part 5 Protection of Fish and Game Habitat

Chapter 95 Fish and Game Habitat

Article 1 Fish Habitat

5 AAC 95.010 Waters important to anadromous fish {#sec-5-aac-95.010 omnilex-key=us-ak-regs-official--title-5--5 AAC 95.010}

Relocated.

5 AAC 95.011 Waters important to anadromous fish {#sec-5-aac-95.011 omnilex-key=us-ak-regs-official--title-5--5 AAC 95.011}

(a) The Atlas to the Catalog of Waters Important for Spawning, Rearing, or Migration of Anadromous Fishes, revised as of June 2025, and the Catalog of Waters Important for Spawning, Rearing, or Migration of Anadromous Fishes, revised as of June 2025, are adopted by reference. The six-volume atlas is a compilation of topographic maps upon which are specified the various rivers, lakes, or streams, or parts of the rivers, lakes, or streams that are important for the spawning, rearing, or migration of anadromous fish. The catalog is a listing of the water bodies specified in the atlas. The catalog sets out legal descriptions for the mouth and the known upper range of the fish of each stream, river, or lake designated on the maps in the atlas. The atlas and catalog identify the water bodies for which a person or agency shall first notify the department before

(1) the construction of a hydraulic project;

(2) using, diverting, obstructing, polluting, or changing the natural flow or bed of a specified river, lake, or stream; or

(3) the use of wheeled, tracked, or excavating equipment or log-dragging equipment in the bed of a specified river, lake, or stream.

(b) Permit application procedures, catalog and atlas updating procedures, definitions of terms, and other information or requirements to implement, interpret, or make specific the provisions of AS 16.05.871, included in the introduction attached to the catalog and the atlas described in (a) of this section, are also adopted by reference. The introduction also includes a user's guide to the atlas and catalog, and limitations of the information in the atlas or the catalog.

History

Authority: AS 16.05.020; AS 16.05.871
Eff. 3/1/75, Register 53; am 7/31/82, Register 83; am 10/14/83, Register 88; am 7/27/84, Register 91; am 5/19/85, Register 94; am 5/8/86, Register 98; am 5/1/87, Register 102; am 5/8/88, Register 106; am 6/7/89, Register 110; am 9/29/90, Register 115; am 4/1/92, Register 121; am 8/30/92, Register 123; am 10/20/93, Register 128; am 4/28/95, Register 134; am 6/22/97, Register 142; am 2/6/99, Register 149; am 1/15/2005, Register 172; am 3/1/2006, Register 177; am 9/15/2006, Register 179; am 6/1/2007, Register 182; am 6/2/2008, Register 186; am 6/1/2009, Register 190; am 6/1/2010, Register 194; am 6/1/2011, Register 198; am 6/1/2012, Register 202; am 7/1/2013, Register 206; am 6/1/2014, Register 210; am 6/1/2015, Register 214; am 6/1/2016, Register 218; am 6/1/2017, Register 222; am 6/1/2018, Register 226; am 6/1/2019, Register 230; am 6/1/2020, Register 234; am 6/1/2021, Register 238; am 6/5/2022, Register 242; am 6/11/2023, Register 246; am 6/21/2024, Register 250; am 6/27/2025, Register 254

5 AAC 95.050 Protection of critical habitat areas {#sec-5-aac-95.050 omnilex-key=us-ak-regs-official--title-5--5 AAC 95.050}

Repealed 6/5/86.

5 AAC 95.060 Protection of state game refuges {#sec-5-aac-95.060 omnilex-key=us-ak-regs-official--title-5--5 AAC 95.060}

Repealed 6/5/86.

Article 3 Prohibited Activities

5 AAC 95.300 On-bottom aquatic farming prohibited {#sec-5-aac-95.300 omnilex-key=us-ak-regs-official--title-5--5 AAC 95.300}

(a) A person may not engage in on-bottom aquatic farming within the following legislatively designated areas:

(1) Fox River Flats Critical Habitat Area established in AS 16.20.580;

(2) Kachemak Bay Critical Habitat Area established in AS 16.20.590.

(b) In this section, "on-bottom aquatic farming" means an operation that grows, farms, or cultivates aquatic farm products in captivity or under positive control on or in the substrate.

History

Authority: AS 16.05.020; AS 16.20.520; AS 16.40.160 AS 16.05.050; AS 16.20.580 AS 16.20.500; AS 16.20.590
Eff. 4/12/2001, Register 158

5 AAC 95.310 Personal watercraft use prohibited {#sec-5-aac-95.310 omnilex-key=us-ak-regs-official--title-5--5 AAC 95.310}

Repealed.

History

Eff. 5/3/2001, Register 158; repealed 1/9/2021, Register 237

Article 4 Special Areas

5 AAC 95.400 Implementation of authority {#sec-5-aac-95.400 omnilex-key=us-ak-regs-official--title-5--5 AAC 95.400}

The commissioner will implement the authorities vested in AS 16.20.050, 16.20.060, 16.20.094, 16.20.162, 16.20.520, and 16.20.530, excluding hunting, trapping, and fishing, in accordance with procedures established in this chapter.

History

Authority: AS 16.05.020; AS 16.05.270; AS 16.20.162 AS 16.05.050; AS 16.20.050; AS 16.20.520 AS 16.05.251; AS 16.20.060; AS 16.20.530 AS 16.05.255; AS 16.20.094
Eff. 6/5/86, Register 98

5 AAC 95.410 Notice requirements {#sec-5-aac-95.410 omnilex-key=us-ak-regs-official--title-5--5 AAC 95.410}

(a) Before a lease or other disposal of land under state jurisdiction and control in a special area, or private land in a critical habitat area, the responsible state department or agency or private landowner shall notify the commissioner.

(b) No person or governmental agency may undertake an activity listed in 5 AAC 95.420(a) within a special area unless the commissioner has been notified and a permit for the activity has been issued by the commissioner under 5 AAC 95.700 - 5 AAC 95.760.

History

Authority: AS 16.05.020; AS 16.05.255; AS 16.20.162 AS 16.05.050; AS 16.20.094; AS 16.20.520 AS 16.05.251; AS 16.20.096
Eff. 6/5/86, Register 98

5 AAC 95.420 Activities requiring a special area permit {#sec-5-aac-95.420 omnilex-key=us-ak-regs-official--title-5--5 AAC 95.420}

(a) No person or governmental agency may engage in the following uses or activities within a special area without first obtaining a special area permit following the procedures of 5 AAC 95.700 - 5 AAC 95.760:

(1) construction, placement, or continuing use of any improvement, structure, or real property within a special area;

(2) destruction of vegetation;

(3) detonation of an explosive other than a firearm;

(4) excavation, surface or shoreline altering activity, dredging, filling, draining, or flooding;

(5) natural resource or energy exploration, development, production, or associated activities;

(6) water diversion or withdrawal;

(7) off-road use of wheeled or tracked equipment unless the commissioner has issued a general permit under 5 AAC 95.770;

(8) waste disposal, placement, or use of a toxic substance;

(9) grazing or animal husbandry; and

(10) any other activity that is likely to have a significant effect on vegetation, drainage, water quality, soil stability, fish, wildlife, or their habitat, or which disturbs fish or wildlife other than lawful hunting, trapping, fishing, viewing, and photography.

(b) The commissioner makes the final determination as to whether a specific activity is subject to the provisions of this chapter.

History

Authority: AS 16.05.020; AS 16.05.255; AS 16.20.162 AS 16.05.050; AS 16.20.094; AS 16.20.530 AS 16.05.251; AS 16.20.096
Eff. 6/5/86, Register 98

5 AAC 95.430 Conditioning, approval, or denial of special area permits {#sec-5-aac-95.430 omnilex-key=us-ak-regs-official--title-5--5 AAC 95.430}

If the procedural requirements of 5 AAC 95.700 - 5 AAC 95.760 are met, the commissioner will permit a use or activity listed in 5 AAC 95.420 that meets or can be conditioned to meet the following standards:

(1) the use or activity is consistent with the protection of fish and wildlife and their use, protection of fish and wildlife habitat, and the purpose for which the special area was established; and

(2) the use or activity does not unduly restrict or interfere with the public use and enjoyment of the resource values for which the special area was established; and

(3) any adverse effect upon fish and wildlife, and their habitats, and any restriction or interference with public use, is mitigated in accordance with 5 AAC 95.900.

History

Authority: AS 16.05.020; AS 16.05.255; AS 16.20.162 AS 16.05.050; AS 16.20.094; AS 16.20.530 AS 16.05.251; AS 16.20.096
Eff. 6/5/86, Register 98

5 AAC 95.440 Limitations on special area permits {#sec-5-aac-95.440 omnilex-key=us-ak-regs-official--title-5--5 AAC 95.440}

A permit issued under 5 AAC 95.700 - 5 AAC 95.760

(1) does not convey an interest in state land or grant any preference right for the lease or purchase of state land; and

(2) does not allow the permittee to restrict or interfere with public access across or public use of a special area unless specified in the permit.

History

Authority: AS 16.05.020; AS 16.05.255; AS 16.20.162 AS 16.05.050; AS 16.20.094; AS 16.20.530 AS 16.05.251; AS 16.20.096
Eff. 6/5/86, Register 98

Article 5 State Game Refuges

5 AAC 95.500 Palmer Hay Flats State Game Refuge Management Plan {#sec-5-aac-95.500 omnilex-key=us-ak-regs-official--title-5--5 AAC 95.500}

The goals, objectives, and policies of the Palmer Hay Flats State Game Refuge Revised Management Plan dated 2002, are adopted by reference. The plan presents management goals and guidelines for the refuge and its resources which the department will use in determining whether proposed activities in the refuge are compatible with the protection of fish and wildlife, their habitats, and public use of the refuge. Under 5 AAC 95.420, a special area permit is required for certain activities occurring in a designated state game refuge. All special area permit applications will be reviewed for consistency with the management goals and guidelines adopted by reference in this section. Special area permits issued for the Palmer Hay Flats State Game Refuge will be approved, conditioned, or denied based on the criteria set out in those management goals and guidelines and on the standards contained elsewhere in this chapter.

History

Authority: AS 16.05.020; AS 16.20.020; AS 16.20.060 AS 16.05.050; AS 16.20.032
Eff. 1/11/87, Register 101; am 6/26/2003, Register 166

5 AAC 95.505 Palmer Hay Flats State Game Refuge {#sec-5-aac-95.505 omnilex-key=us-ak-regs-official--title-5--5 AAC 95.505}

The following apply to the implementation of the Palmer Hay Flats State Game Refuge Management Plan:

(1) Off-road vehicles. The off-road use of a wheeled, tracked, or other ground-effect motorized vehicle is not allowed in the Palmer Hay Flats State Game Refuge, except that

(A) a general permit for a special area may be issued under 5 AAC 95.770 for the off-road use of a wheeled, tracked, or other ground-effect motorized vehicle of less than 1,000 pounds gross vehicle weight as follows:

(i) from November 9 through March 31, when there is adequate snow depth and ground frost as described in the general permit, on all refuge land except state land in sections 22, 27, and 34 of T17N, R1E, Seward Meridian; and

(ii) from August 15 through November 15, only in a posted corridor extending from the western boundary of the refuge eastward to the stream mouth located in T17N, R1W, SEC 36, SW1/4, within 100 yards of the north bank of Palmer Slough and Knik Arm; the commissioner may terminate or decide not to reissue the general permit if the commissioner determines that use of the corridor is detrimental to the protection of refuge resources;

(B) the commissioner may issue an individual special area permit under this chapter, on a case-by-case basis, for the off-road use of a wheeled, tracked, or other ground-effect vehicle not allowed under (A) of this paragraph if the use fulfills a demonstrable need for which there is no feasible alternative, meets the goals and guidelines of the management plan, and is consistent with the purpose for which the refuge was established;

(2) Motorized Watercraft. The use of motorized watercraft in the Palmer Hay Flats State Game Refuge is allowed as follows:

(A) the Knik River, Matanuska River, and Knik Arm waters are open year-round to the use of motorized watercraft;

(B) Wasilla Creek is open to the use of a motorized watercraft, except that Wasilla Creek is closed during openings of the Wasilla Creek weekend-only sport fishery, to all motorized watercraft capable of producing more than 42 pounds of thrust or three horsepower;

(C) on all other waters not listed in (A) or (B) of this paragraph, use of motorized watercraft is prohibited, except that from August 16 through March 31, motorized watercraft with a motor of 20 horsepower or less may be used;

(D) the commissioner may issue an individual special area permit under this chapter, on a case-by-case basis, for the use of motorized watercraft prohibited under (B) or (C) of this paragraph if the use fulfills a demonstrable need for which there is no feasible alternative, meets the goals and guidelines of the management plan, and is consistent with the purpose for which the refuge was established;

(3) Aircraft. An aircraft may not land in the Palmer Hay Flats State Game Refuge, except that

(A) from November 10 through March 31, by a general permit for a special area issued under 5 AAC 95.770, if there is adequate snow cover as described in the general permit, and ice depth adequate to support aircraft;

(B) the commissioner may issue an individual special area permit under this chapter, on a case-by-case basis, for the landing of aircraft not allowed under (A) of this paragraph if the use fulfills a demonstrable need for which there is no feasible alternative, meets the goals and guidelines of the management plan, and is consistent with the purpose for which the refuge was established.

History

Authority: AS 16.05.020; AS 16.20.020; AS 16.20.060 AS 16.05.050; AS 16.20.032
Eff. 1/11/87, Register 101; am 6/26/2003, Register 166

5 AAC 95.510 Susitna Flats State Game Refuge Management Plan {#sec-5-aac-95.510 omnilex-key=us-ak-regs-official--title-5--5 AAC 95.510}

The goals, objectives, and policies of the Susitna Flats State Game Refuge Management Plan dated March, 1988 are adopted by reference. The plan presents management goals, objectives, and policies for the refuge and its resources which the department will use in determining whether proposed activities in the refuge are compatible with the protection of fish and wildlife, their habitats, and public use of the refuge. Under 5 AAC 95.420, a special area permit is required for certain activities occurring in a designated state game refuge. The department will review each special area permit application for consistency with the goals, objectives, and policies adopted by reference in this section. A special area permit issued for the Susitna Flats State Game Refuge will be approved, conditioned, or denied based on the criteria set out in those goals, objectives, and policies, and on the standards contained elsewhere in 5 AAC 95.

History

Authority: AS 16.05.020; AS 16.20.020; AS 16.20.060 AS 16.05.050; AS 16.20.036
Eff. 9/15/88, Register 107

5 AAC 95.515 Susitna Flats State Game Refuge {#sec-5-aac-95.515 omnilex-key=us-ak-regs-official--title-5--5 AAC 95.515}

The following conditions apply to activities in the Susitna Flats State Game Refuge:

(1) Off-road vehicles. No wheeled, tracked, or other ground- effect motorized vehicle may be used off of an authorized paved or gravel surface road or permitted winter road in the Susitna Flats State Game Refuge, except that

(A) the department will, in its discretion, issue a general permit under 5 AAC 95.770 for the off-road use of a wheeled, tracked, or other ground-effect motorized vehicle of less than 1,000 lbs. gross vehicle weight for the period from April 1 through November 8 within 1/8 mile of mean high tide or as designated by the department;

(B) the department will, in its discretion, issue a general permit under 5 AAC 95.770 for the off-road use of a wheeled, tracked, or other ground-effect motorized vehicle of less than 1,000 lbs. gross vehicle weight for the period from November 9 through March 31;

(C) the department will, in its discretion, issue an individual special area permit under 5 AAC 95 for the off-road use of a wheeled, tracked, or other ground-effect vehicle not covered under (A) or (B) of this paragraph if the use is consistent with 5 AAC 95.510 and fulfills a demonstrable need for which there is no feasible alternative.

(2) Motorboats. A motorboat, including a motorized vehicle capable of carrying a person in or over the water, may be used in the Susitna Flats State Game Refuge, except from May 15 through August 31 on the Theodore River upstream from private parcel USS no. 3956 depicted on a map in the March, 1988 Susitna Flats State Game Refuge Management Plan, incorporated by reference in 5 AAC 95.510, in order to prevent conflict with the sport fishery.

(3) Aircraft. The landing or taking off of aircraft is prohibited from April 1 through May 15 in high-density spring waterfowl staging habitat as depicted on a map in the March, 1988 Susitna Flats State Game Refuge Management Plan incorporated by reference in 5 AAC 95.510, except that the department will, in its discretion, issue a special area permit for the landing and taking off of an aircraft if the use is consistent with 5 AAC 95.510, and fulfills a demonstrable need for which there is no feasible alternative.

(4) Little Susitna Public Use Facility. The following restrictions apply to the use of the Little Susitna public use facility as depicted on a map in the March, 1988 Susitna Flats State Game Refuge Management Plan incorporated by reference in 5 AAC 95.510:

(A) no person may bring waste or refuse from outside the refuge into the public use facility for disposal, and no person may place waste or refuse in the public use facility except in a public use facility waste receptacle;

(B) no person may disturb, damage, deface, or remove any state property, facility, or sign;

(D) from May 1 through August 25, no person may bring, or keep, a dog or other pet in the public use facility unless the dog or other pet is on a leash not exceeding nine feet in length and is under control by a person at all times; no person may have a dog or other pet in the public use facility which creates excessive noise, a public safety hazard, or unsanitary conditions; an authorized representative of the state will, in his or her discretion, seize a dog or other pet running at large in the public use facility and take appropriate action if it is mad, vicious, or harassing wildlife;

(E) no person may organize or conduct an assembly of more than 20 people in the public use facility unless authorized by a special area permit under 5 AAC 95;

(F) no person may start or maintain a fire in the public use facility except in a portable campstove or confined to a structure provided by the department for fires;

(G) no person may use or discharge a weapon in the public use facility;

(H) for the preservation of the public use facility, an authorized representative of the state will, in his or her discretion, limit the number of vehicles and persons occupying a campsite unit;

(I) camping is permitted only at a developed campsite in the public use facility; if all developed campsites are occupied, a self-contained camper/trailer may be used in another established parking area as determined by an authorized representative of the state;

(J) from May 1 through August 25, a person using the developed campground must occupy the campsite the first night after setting up camping equipment or parking a vehicle at the campsite; a representative of the state will, in his or her discretion, impound camping equipment and any vehicle left unattended for a period of 48 hours at a campsite, unless advance arrangements have been made with an authorized representative of the state;

(K) no person may camp in the public use facility for more than 15 consecutive days in a calendar year unless authorized by a special area permit under 5 AAC 95; if it is determined by an authorized representative of the state that the public use facility might be damaged or is subject to unusual demand, the authorized representative of the state will, in his or her discretion, limit camping to a period of less than 15 days. An authorized representative of the state will post notice of any time limit of less than 15 days in the public use facility;

(L) no person may solicit, sell, or peddle any food or beverage, or distribute circulars, or hawk, peddle, or vend goods, wares, services, or merchandise within the public use facility except under a special area permit issued under 5 AAC 95;

(M) users of the public use facility shall comply with all traffic control signs in the public use facility;

(N) an authorized representative of the state will, in his or her discretion, establish and post campground rules to limit certain activities, or hours of activity, in the public use facility for the purpose of preserving the public peace, safety, comfort, and convenience.

History

Authority: AS 16.05.020; AS 16.20.020; AS 16.20.060 AS 16.05.050; AS 16.20.036
Eff. 9/15/88, Register 107

5 AAC 95.520 Mendenhall Wetlands State Game Refuge Management Plan {#sec-5-aac-95.520 omnilex-key=us-ak-regs-official--title-5--5 AAC 95.520}

The goals and policies of the Mendenhall Wetlands State Game Refuge Management Plan dated March 1990 are adopted by reference. The plan presents management goals and policies for the refuge and its resources that the department will use in determining whether proposed activities in the refuge are compatible with the protection of fish and wildlife, their habitats, and public use of the refuge. Under 5 AAC 95.420, a special area permit is required for certain activities occurring in a designated state game refuge. The department will review each special area permit application for consistency with the goals and policies adopted by reference in this section. A special area permit issued for Mendenhall Wetlands State Game Refuge will be approved, conditioned, or denied based on the criteria set out in those goals and policies, and on the standards contained elsewhere in 5 AAC 95.

History

Authority: AS 16.05.020; AS 16.20.020; AS 16.20.060 AS 16.05.050; AS 16.20.034
Eff. 8/5/90, Register 115

5 AAC 95.525 Anchorage Coastal Wildlife Refuge Management Plan {#sec-5-aac-95.525 omnilex-key=us-ak-regs-official--title-5--5 AAC 95.525}

The goals and policies of the Anchorage Coastal Wildlife Refuge Management Plan dated February 1991 are adopted by reference. The plan presents management goals and policies for the refuge and its resources that the department will use in determining whether proposed activities in the refuge are compatible with the protection of fish and wildlife, their habitats, and public use of the refuge. Under 5 AAC 95.420, a special area permit is required for certain activities occurring in a designated state game refuge. The department will review each special area permit application for consistency with the goals and policies adopted by reference in this section. A special area permit issued for Anchorage Coastal Wildlife Refuge will be approved, conditioned, or denied based on the criteria set out in those goals and policies, and on the standards contained elsewhere in 5 AAC 95.

History

Authority: AS 16.05.020; AS 16.20.020; AS 16.20.060 AS 16.05.050; AS 16.20.031
Eff. 8/18/91, Register 119

5 AAC 95.530 Minto Flats State Game Refuge Management Plan {#sec-5-aac-95.530 omnilex-key=us-ak-regs-official--title-5--5 AAC 95.530}

The goals and policies of the Minto Flats State Game Refuge Management Plan dated March 1992 are adopted by reference. The plan presents management goals and policies for the refuge and its resources that the department will use in determining whether proposed activities in the refuge are compatible with the protection of fish and wildlife, their habitats, and public use of the refuge. Under 5 AAC 95.420, a special area permit is required for certain activities occurring in a designated state game refuge. The department will review each special area permit application for consistency with the goals and policies adopted by reference in this section. A special area permit issued for Minto Flats State Game Refuge will be approved, conditioned, or denied based on the criteria set out in those goals and policies and on the standards contained elsewhere in 5 AAC 95.

History

Authority: AS 16.05.020; AS 16.20.020; AS 16.20.060 AS 16.05.050; AS 16.20.037
Eff. 4/8/93, Register 126

5 AAC 95.535 Trading Bay State Game Refuge goals and policies {#sec-5-aac-95.535 omnilex-key=us-ak-regs-official--title-5--5 AAC 95.535}

The Trading Bay State Game Refuge goals and policies stated in the Trading Bay State Game Refuge and Redoubt Bay Critical Habitat Area Management Plan dated July 1994 are adopted by reference. The plan presents management goals and policies for the refuge and its resources that the department will use in determining whether proposed activities in the refuge are compatible with the protection of fish and wildlife, their habitats, and public use of the refuge. Under 5 AAC 95.420, a special area permit is required for certain activities occurring in a designated state game refuge. The department will review each special area permit application for consistency with the Trading Bay State Game Refuge goals and policies adopted by reference in this section. A special area permit for an activity in the Trading Bay State Game Refuge will be approved, conditioned, or denied based on the criteria set out in the Trading Bay State Game Refuge goals and policies stated in the Trading Bay State Game Refuge and Redoubt Bay Critical Habitat Area Management Plan and on the standards contained elsewhere in 5 AAC 95.

History

Authority: AS 16.05.020; AS 16.20.020; AS 16.20.050 AS 16.05.050; AS 16.20.038; AS 16.20.060
Eff. 11/24/94, Register 132

5 AAC 95.540 McNeil River State Game Refuge and State Game Sanctuary Management Plan {#sec-5-aac-95.540 omnilex-key=us-ak-regs-official--title-5--5 AAC 95.540}

The McNeil River State Game Refuge and State Game Sanctuary goals and policies stated in the McNeil River State Game Refuge and State Game Sanctuary Management Plan dated May 2008 are adopted by reference. The plan presents management goals and policies for the refuge and sanctuary and their resources that the department will use in determining whether proposed activities in the refuge and sanctuary are compatible with the protection of fish and wildlife, their habitats, and public use of the refuge and sanctuary. Under 5 AAC 95.420, a special area permit is required for certain activities occurring in a designated state game refuge or state game sanctuary. The department will review each special area permit application for consistency with the goals and policies of the management plan adopted by reference in this section. A special area permit for an activity in the McNeil River State Game Refuge or the McNeil River State Game Sanctuary will be approved, conditioned, or denied based on the criteria set out in the goals and policies stated in the McNeil River State Game Refuge and State Game Sanctuary Management Plan and on the standards contained elsewhere in this chapter.

History

Authority: AS 16.05.020; AS 16.20.041; AS 16.20.160 AS 16.05.050; AS 16.20.050; AS 16.20.162 AS 16.20.020; AS 16.20.060
Eff. 8/23/96, Register 139; am 6/29/2008, Register 186

5 AAC 95.542 McNeil River State Game Refuge and McNeil River State Game Sanctuary {#sec-5-aac-95.542 omnilex-key=us-ak-regs-official--title-5--5 AAC 95.542}

(a) The following conditions apply to activities in the McNeil River State Game Refuge (refuge) and the McNeil River State Game Sanctuary (sanctuary):

(1) Helicopter access: a person must obtain a special area permit before landing a helicopter within the refuge or sanctuary;

(2) Off-road use of wheeled, tracked, or other ground-effect motorized vehicles: the off-road use of wheeled, tracked, or other ground-effect motorized vehicles is prohibited within the refuge and sanctuary, except that

(A) the off-road use of a snowmachine in support of lawful trapping activities within the refuge may be conducted only under the terms of a special area permit;

(B) the commissioner may issue an individual special area permit, on a case-by-case basis, for the off-road use of a wheeled, tracked, or other ground-effect motorized vehicle within the refuge or sanctuary if the applicant shows that the use of the applicable vehicle is

(i) a demonstrable need for which there is no feasible alternative;

(ii) consistent with the goals and policies of the management plan under this section; and

(iii) consistent with the purpose for which the refuge or sanctuary was established;

(3) Camping: the following restrictions apply to camping activities within the refuge and sanctuary:

(A) a person may not engage in noncommercial camping within the refuge or sanctuary for more than 14 days per calendar year unless authorized by a special area permit issued before the camping activity begins;

(B) a person may not provide commercial camping services within the refuge or sanctuary unless authorized by a special area permit issued before providing the services;

(i) a person may not place, deposit, or leave any solid waste, including garbage and litter, within the refuge or sanctuary; all waste must be removed at the time the camping activity ends;

(ii) a person may not store food and garbage at the campsite within the refuge or sanctuary unless the food and garbage is isolated from bears by using a bear-proof container, an electric fence, an enclosed food cache located at least 15 feet above ground, or stored within a hard-sided building or a lockable and hard-sided section of a vehicle, vessel, or aircraft;

(4) Structures: a person may not construct a structure, including a tent platform, elevated food cache, latrine, or other hardened structure, within the refuge or sanctuary unless authorized by a special area permit issued before construction begins;

(5) Boat storage: the following restrictions apply to boat storage within the refuge or sanctuary:

(A) a person may not store a boat more than 20 feet in overall length within the refuge or sanctuary;

(B) a person may not store a boat 20 feet or less in overall length within the refuge or sanctuary unless authorized by a special area permit issued before the boat is stored;

(6) Mining: a person may not engage in mining activities within the refuge unless authorized by a special area permit issued before the mining activity begins;

(7) Fuel storage and hazardous substances: the following restrictions apply to fuel storage and the handling of hazardous substances within the refuge or sanctuary:

(A) a person may not release or dispose of a hazardous substance, as defined in AS 46.09.900, or petroleum-based fuel in the refuge or sanctuary;

(B) a person may not store fuel in the refuge or sanctuary unless authorized by a special area permit issued before the activity begins; this prohibition does not apply to

(i) fuel contained in fuel tanks on board vessels, vehicles, or aircraft;

(iii) fuel actively used in a camp; and

(iii) fuel contained within permitted structures;

(8) Timber harvest: a person may not harvest live or standing timber within the refuge or sanctuary; the harvest of dead and down wood for personal use within the refuge or sanctuary is allowed.

(b) In this section,

(1) "bear-proof container"

(A) means a securable container constructed of a solid non-pliable material capable of withstanding the stress and compacting forces of an adult grizzly bear, and when secured and under stress, the container will not have any cracks, openings, or hinges that would allow a bear to gain entry by biting or pulling with its claws;

(B) does not include

(i) a wood containers, unless the container is reinforced with metal;

(ii) ice chests and coolers;

(2) "commercial camping service" means the provision of assistance for compensation, or with the intent to receive compensation, to persons who camp in the refuge or sanctuary;

(3) "overall length" means the straight line length between the extremities of the boat, excluding any part of the boat's motor;

(4) "solid waste" means garbage, refuse, abandoned, or other discarded solid or semi-solid material, regardless of whether subject to decomposition, originating from any source.

History

Authority: AS 16.05.020; AS 16.20.041; AS 16.20.160 AS 16.05.050; AS 16.20.050; AS 16.20.162 AS 16.20.020; AS 16.20.060
Eff. 6/29/2008, Register 186

5 AAC 95.545 Yakataga State Game Refuge Management Plan {#sec-5-aac-95.545 omnilex-key=us-ak-regs-official--title-5--5 AAC 95.545}

The Yakataga State Game Refuge goals and policies stated in the Yakataga State Game Refuge Management Plan dated June 1999 are adopted by reference. The plan presents management goals and policies for the refuge and its resources that the department will use in determining whether proposed activities in the refuge are compatible with the protection of fish and wildlife, their habitats, and public use of the refuge. Under 5 AAC 95.420, a special area permit is required for certain activities occurring in a designated state game refuge. The department will review each special area permit application for consistency with the goals and policies of the management plan adopted by reference in this section. A special area permit for an activity in the Yakataga State Game Refuge will be approved, conditioned, or denied based on the criteria set out in the goals and policies stated in the Yakataga State Game Refuge Management Plan and on the standards contained elsewhere in this chapter.

History

Authority: AS 16.05.020; AS 16.20.033; AS 16.20.060 AS 16.05.050; AS 16.20.050
Eff. 9/1/2000, Register 155

5 AAC 95.550 Izembek State Game Refuge Management Plan {#sec-5-aac-95.550 omnilex-key=us-ak-regs-official--title-5--5 AAC 95.550}

The Izembek State Game Refuge goals and policies stated in the Izembek State Game Refuge Management Plan dated April 2010 are adopted by reference. The plain presents management goals and policies for the refuge and the resources that the department will use in determining whether proposed activities in the refuge and sanctuary are compatible with the protection of fish, wildlife, their habitats, and public use of the refuge and sanctuary. Under 5 AAC 95.420, a special area permit is required for certain activities occurring in a designated state game refuge. The department will review each special area permit application for consistency with the goals and policies of the management plan adopted by reference in this section. A special area permit for an activity in the Izembek State Game Refuge will be approved, conditioned, or denied based on the criteria set out in the goals and policies stated in the Izembek State Game Refuge Management Plan and on the standards contained elsewhere in this chapter.

History

Authority: AS 16.05.020; AS 16.20.020; AS 16.20.050 AS 16.05.050; AS 16.20.030; AS 16.20.060
Eff. 8/6/2010, Register 195

5 AAC 95.552 Izembek State Game Refuge {#sec-5-aac-95.552 omnilex-key=us-ak-regs-official--title-5--5 AAC 95.552}

(a) The following conditions apply to activities in the Izembek State Game Refuge (refuge):

(1) Off-road use of wheeled, tracked, or other ground-effect motorized vehicles: the off-road use of a wheeled, tracked, or other ground-effect motorized vehicle is prohibited within the refuge, except that

(A) a general permit may be issued under 5 AAC 95.770 for the off-road use of a wheeled, tracked, or other ground-effect motorized vehicle of less than 1,000 pounds dry vehicle weight in unvegetated intertidal areas;

(B) the commissioner may issue an individual special area permit, on a case-by-case basis, for the off-road use of a wheeled, tracked, or other ground-effect motorized vehicle within the refuge if the applicant shows that the use of the applicable vehicle is

(i) consistent with the goals and policies of the management plan described in 5 AAC 95.550; and

(ii) consistent with the purpose for which the refuge was established;

(2) Motorized vessel use: a person must obtain a special area permit before operating a motorized vessel within Izembek Lagoon;

(3) Personal watercraft, air-cushion vehicles, or airboats: the use of a personal watercraft, air-cushion vehicle, or airboat is prohibited within Izembelt Lagoon, except that the commissioner may issue an individual special area permit, on a case-by-case basis, for the use of a personal watercraft, air-cushion vehicle, or airboat for management or research purposes if the applicant shows that the use of the applicable vehicle is

(A) a demonstrable need for which there is no feasible alternative;

(B) consistent with the goals and policies of the management plan described in 5 AAC 95.550; and

(4) Aircraft Access: a person must obtain a special area permit before landing a fixed-wing aircraft in Izembek Lagoon or a helicopter within the refuge;

(5) Structures: a person may not construct a structure, including duck blinds, navigation aids, or other hardened structure, within the refuge unless authorized by a special area permit before the construction begins;

(6) Mining: a person may not engage in mining activities within the refuge unless authorized by a special area permit before the mining activity begins;

(7) Fuel Storage and hazardous substances: the following restrictions apply to fuel storage and the handling of hazardous substances within the refuge:

(A) a person may not release or dispose of a hazardous substance as defined in AS 46.09.900, or petroleum-based fuel in the refuge;

(B) a person may not store fuel in the refuge unless authorized by a special area permit issued before the activity begins; this prohibition does not apply to

(i) fuel contained in fuel tanks on board vessels, vehicles, or aircraft;

(ii) fuel actively used in a camp; and

(iii) fuel contained within permitted structures.

(b) In this section, "personal watercraft" means a vessel that is

(1) less than 16 feet in length;

(2) propelled by a water jet pump or other machinery as its primary source of motor propulsion; and

(3) designed to be operated by a person sitting, standing, or kneeling on the vessel, rather than by a person sitting or standing inside it.

History

Authority: AS 16.05.020; AS 16.20.020; AS 16.20.050 AS 16.05.050; AS 16.20.030; AS 16.20.060
Eff. 8/6/2010, Register 195; am 1/9/2021, Register 237

Article 6 State Critical Habitat Areas

5 AAC 95.600 Anchor River and Fritz Creek Critical Habitat Area Management Plan {#sec-5-aac-95.600 omnilex-key=us-ak-regs-official--title-5--5 AAC 95.600}

The goals and policies of the Anchor River and Fritz Creek Critical Habitat Area Management Plan dated June 1989 are adopted by reference. The plan presents management goals and policies for the critical habitat area and its resources which the department will use in determining whether proposed activities in the critical habitat area are compatible with the protection of fish and wildlife, their habitats, and public use of the critical habitat area. Under 5 AAC 95.420, a special area permit is required for certain activities occurring in a designated state critical habitat area. The department will review each special area permit application for consistency with the goals and policies adopted by reference in this section. A special area permit for the Anchor River and Fritz Creek Critical Habitat Area will be approved, conditioned, or denied based on the criteria set out in those goals and policies and on the standards contained elsewhere in 5 AAC 95.

History

Authority: AS 16.05.020; AS 16.20.520; AS 16.20.605 AS 16.05.050; AS 16.20.530
Eff. 11/18/90, Register 116

5 AAC 95.610 Kachemak Bay and Fox River Flats Critical Habitat Areas Management Plan {#sec-5-aac-95.610 omnilex-key=us-ak-regs-official--title-5--5 AAC 95.610}

The goals and policies of the Kachemak Bay and Fox River Flats Critical Habitat Areas Management Plan dated December 1993 are adopted by reference. The plan presents management goals and policies for the critical habitat areas and their resources which the department will use in determining whether proposed activities in the critical habitat areas are compatible with the protection of fish and wildlife, their habitats, and public use of the critical habitat areas. Under 5 AAC 95.420, a special area permit is required for certain activities occurring in a designated state critical habitat area. The department will review each special area permit application for consistency with the goals and policies of the management plan adopted by reference in this section. A special area permit for the Kachemak Bay Critical Habitat Area or the Fox River Flats Critical Habitat Area will be approved, conditioned, or denied based on the criteria set out in the goals and policies in the Kachemak Bay and Fox River Flats Critical Habitat Areas Management Plan, and on the standards contained elsewhere in 5 AAC 95.

History

Authority: AS 16.05.020; AS 16.05.255; AS 16.20.580 AS 16.05.050; AS 16.20.520; AS 16.20.590 AS 16.05.251; AS 16.20.530
Eff. 4/9/94, Register 130

5 AAC 95.615 Redoubt Bay Critical Habitat Area goals and policies {#sec-5-aac-95.615 omnilex-key=us-ak-regs-official--title-5--5 AAC 95.615}

The Redoubt Bay Critical Habitat Area goals and policies stated in the Trading Bay State Game Refuge and Redoubt Bay Critical Habitat Area Management Plan dated July 1994 are adopted by reference. The plan presents management goals and policies for the critical habitat area and its resources that the department will use in determining whether proposed activities in the critical habitat area are compatible with the protection of fish and wildlife, their habitats, and public use of the critical habitat area. Under 5 AAC 95.420, a special area permit is required for certain activities occurring in a designated state critical habitat area. The department will review each special area permit application for consistency with the Redoubt Bay Critical Habitat Area goals and policies adopted by reference in this section. A special area permit for an activity in the Redoubt Bay Critical Habitat Area will be approved, conditioned, or denied based on the criteria set out in the Redoubt Bay Critical Habitat Area goals and policies stated in the Trading Bay State Game Refuge and Redoubt Bay Critical Habitat Area Management Plan and on the standards contained elsewhere in 5 AAC 95.

History

Authority: AS 16.05.020; AS 16.20.500; AS 16.20.530 AS 16.05.050; AS 16.20.520; AS 16.20.625
Eff. 11/24/94, Register 132

5 AAC 95.620 Tugidak Island Critical Habitat Area Management Plan {#sec-5-aac-95.620 omnilex-key=us-ak-regs-official--title-5--5 AAC 95.620}

The Tugidak Island Critical Habitat Area goals and policies stated in the Tugidak Island Critical Habitat Area Management Plan dated June 1995 are adopted by reference. The plan presents management goals and policies for the critical habitat area and its resources that the department will use in determining whether proposed activities in the critical habitat area are compatible with the protection of fish and wildlife, their habitats, and public use of the critical habitat area. Under 5 AAC 95.420, a special area permit is required for certain activities occurring in a designated state critical habitat area. The department will review each special area permit application for consistency with the Tugidak Island Critical Habitat Area goals and policies adopted by reference in this section. A special area permit for an activity in the Tugidak Island Critical Habitat Area will be approved, conditioned, or denied based on the criteria set out in the Tugidak Island Critical Habitat Area goals and policies stated in the Tugidak Island Critical Habitat Area Management Plan and on the standards contained elsewhere in 5 AAC 95.

History

Authority: AS 16.05.020; AS 16.20.500; AS 16.20.530 AS 16.05.050; AS 16.20.520; AS 16.20.615
Eff. 11/5/95, Register 136

5 AAC 95.630 Dude Creek Critical Habitat Area Management Plan {#sec-5-aac-95.630 omnilex-key=us-ak-regs-official--title-5--5 AAC 95.630}

The goals and policies stated in the Dude Creek Critical Habitat Area Management Plan dated April 2017 are adopted by reference. The plan presents management goals and policies for the Dude Creek Critical Habitat Area and its resources that the department will use in determining whether proposed activities in the critical habitat area are compatible with the protection of fish, wildlife, their habitats, and public use of the critical habitat area. Under 5 AAC 95.420, a special area permit is required for certain activities occurring in a designated state critical habitat area. The department will review each special area permit application for consistency with the goals and policies of the management plan adopted by reference in this section. A special area permit for an activity in the Dude Creek Critical Habitat Area will be approved, conditioned, or denied based on the criteria set out in the goals and policies stated in the Dude Creek Critical Habitat Area Management Plan and on the standards contained elsewhere in this chapter.

History

Authority: AS 16.05.020; AS 16.20.500; AS 16.20.530 AS 16.05.050; AS 16.20.520; AS 16.20.610
Eff. 12/21/2017, Register 224

5 AAC 95.632 Dude Creek Critical Habitat Area {#sec-5-aac-95.632 omnilex-key=us-ak-regs-official--title-5--5 AAC 95.632}

(a) The following conditions apply to activities in the Dude Creek Critical Habitat Area:

(1) Off-road use of wheeled, tracked, or other ground-effect motorized vehicles. The off-road use of a wheeled, tracked, or other ground-effect motorized vehicle is prohibited within the critical habitat area, unless authorized by a special area permit issued before the use begins; the department may issue an individual special area permit for the off-road use on a case-by-case basis.

(2) Aircraft Access. A person must obtain a special area permit before landing an aircraft in the critical habitat area.

(3) Structures. A person may not construct a structure, including duck blinds, tree stands, or other hardened structure, within the critical habitat area without first obtaining a special area permit.

(4) Camping. The following restrictions apply to camping activities within the critical habitat area:

(A) a person may not engage in non-commercial camping on state land within the critical habitat area for more than 14 consecutive days at one location unless authorized by a special area permit issued before the camping activity begins;

(B) a person may not provide commercial camping services within the critical habitat area unless authorized by a special area permit issued before providing the services;

(C) a person may not place, deposit, or leave any solid waste, including garbage and litter within the critical habitat area; all waste must be removed at the time the camping activity ends.

(5) Grazing. A person may not engage in grazing activities within the critical habitat area unless authorized by a special area permit before the grazing activity begins.

(6) Fuel storage and hazardous substances. The following restrictions apply to fuel storage and the handling of hazardous substances within the critical habitat area:

(A) a person may not release or dispose of a hazardous substance as defined in AS 46.09.900, or petroleum-based fuel in the critical habitat area

(B) a person may not store fuel in the critical habitat area unless authorized by a special area permit issued before the activity begins; this prohibition does not apply to

(i) fuel contained in fuel tanks on board vessels, vehicles, or aircraft;

(ii) fuel actively used in a camp; and

(iii) fuel contained within permitted structures.

(b) In this section,

(1) "commercial camping service" means the provision of assistance for compensation, or with the intent to receive compensation, to persons who camp in the critical habitat area;

(2) "solid waste" means garbage, refuse, abandoned, or other discarded solid or semisolid material, regardless of whether subject to decomposition, originating from any source.

History

Authority: AS 16.05.020; AS 16.20.500; AS 16.20.530 AS 16.05.050; AS 16.20.520; AS 16.20.610
Eff. 12/21/2017, Register 224

5 AAC 95.640 Willow Mountain Critical Habitat Area Management Plan {#sec-5-aac-95.640 omnilex-key=us-ak-regs-official--title-5--5 AAC 95.640}

(a) The goals and policies stated in the Willow Mountain Critical Habitat Area Management Plan dated July 2023 are adopted by reference. The plan presents management goals and policies for the Willow Mountain Critical Habitat Area and its resources that the department will use in determining whether proposed activities in the critical habitat area are compatible with the protection of fish, wildlife, their habitats, and public use of the critical habitat area.

(b) Under 5 AAC 95.420, a special area permit is required for certain activities occurring in a designated state critical habitat area. The department will review each special area permit application for consistency with the goals and policies of the management plan. A special area permit for an activity in the Willow Critical Habitat Area will be approved, conditioned, or denied based on the criteria set out in the goals and policies stated in the Willow Mountain Critical Habitat Area Management Plan and on the standards contained elsewhere in this chapter.

History

Authority: AS 16.05.020; AS 16.20.500; AS 16.20.530 AS 16.05.050; AS 16.20.520; AS 16.20.620
Eff. 9/8/2023, Register 247

5 AAC 95.642 Willow Mountain Critical Habitat Area {#sec-5-aac-95.642 omnilex-key=us-ak-regs-official--title-5--5 AAC 95.642}

(a) The following conditions apply to activities in the Willow Mountain Critical Habitat Area:

(1) off-road use of wheeled, tracked, or other ground-effect motorized vehicles; the off-road use of a wheeled, tracked, or other ground-effect motorized vehicle is prohibited within the critical habitat area, except that

(A) a general permit may be issued under 5 AAC 95.770 for

(i) the off-road use of a wheeled, tracked, or other ground-effect motorized vehicle on designated trails in the critical habitat area; or

(ii) off-road vehicle use throughout the critical habitat area when there is sufficient snow cover and ground frost to prevent the penetration of or disturbance to the soil surface or plant roots, as indicated in the general permit; and

(B) the commissioner may issue an individual special area permit, on a case-by-case basis, for the off-trail use of a wheeled, tracked, or other ground-effect motorized vehicle within the critical habitat area in association with an authorized habitat enhancement or trail improvement activity;

(2) aircraft access; a person must obtain a special area permit before landing an aircraft in the critical habitat area, except that ski-mounted, fixed-wing aircraft may land and takeoff in the critical habitat area without a permit when sufficient snow cover is present;

(3) structures; the following restrictions apply to the placement and construction of structures in the critical habitat area:

(A) permanent commercial or private structures, including cabins, are prohibited;

(B) a person may not construct or place a temporary structure, including a bear bait station, tree stand, tent platform or other hardened structure, without first obtaining a special area permit;

(4) camping; the following restrictions apply to camping activities within the critical habitat area:

(A) a person may not engage in non-commercial camping on state land within the critical habitat area for more than 14 consecutive days at one location, or at a location within a two-mile radius of the original location, unless authorized by a special area permit issued before the camping activity begins;

(B) a person may not place, deposit, or leave any solid waste, including garbage and litter; all waste must be removed at the time the camping activity ends;

(D) a person must remove all camping equipment and associated materials at the time the camping activity ends;

(E) a person may not cut a live, standing tree for a campfire or other camping purpose;

(F) a person may not provide commercial camping services unless authorized by a special area permit issued before providing the services;

(G) a campsite must be marked with the responsible party's full name and date of arrival, if people are not present in the campsite;

(5) mining; a person must obtain a special area permit before conducting any mining activity, except that gold panning and other non-mechanized, minimally invasive mining activities are generally allowed in;

(6) fuel storage and hazardous substances; the following restrictions apply to fuel storage and the handling of hazardous substances within the critical habitat area:

(A) a person may not release or dispose of a hazardous substance as defined in AS 46.09.900, or petroleum-based fuel;

(B) a person may not store fuel unless authorized by a special area permit issued before the activity begins; this prohibition does not apply to

(i) fuel contained in fuel tanks in vehicles or aircraft;

(ii) 10 gallons or less of fuel properly contained in an occupied camp;

(iii) 10 gallons or less of fuel stored in appropriate containers in an authorized off-road vehicle or trailer;

(b) In this section,

(1) "designated trail" means a trail identified on a map included in a special area permit or identified by department trail markers in the Willow Mountain Critical Habitat Area;

(2) "commercial camping services" means any activity that is associated with the provision of assistance for compensation, or with the intent to receive compensation, to a person who camps in the critical habitat area;

(3) "off-road vehicle" means a wheeled, tracked, or other ground effect motorized vehicles, including

(A) an all-terrain vehicle, including a

(i) four wheeler;

(ii) dirt bike;

(iii) dune buggy; or

(iv) side-by-side;

(B) a full sized vehicle, including a truck or jeep;

(D) wheeled aircraft;

(4) "solid waste" means garbage, refuse, or abandoned or otherwise discarded solid or semi-solid materials, regardless of source or level of decomposition.

History

Authority: AS 16.05.020; AS 16.20.500; AS 16.20.530 AS 16.05.050; AS 16.20.520; AS 16.20.620
Eff. 9/8/2023, Register 247

Article 7 Permit Procedures

5 AAC 95.700 Application procedures {#sec-5-aac-95.700 omnilex-key=us-ak-regs-official--title-5--5 AAC 95.700}

(a) An applicant for a permit shall submit a completed application on a form or in a manner approved by the commissioner. The application must be correct and complete to the best of the applicant's knowledge and be signed and dated by the applicant or the applicant's designee. The submission of a completed application satisfies any related notification required by AS 16 and this chapter. An application form is available from the department's habitat division offices.

(b) The completed application must include the anticipated commencement date, duration, and area of proposed activity including a scaled map, identification of waterbodies at the site, description of type of activity, description of any proposed facility, the description of proposed access route and means and time of travel, and other information necessary for the commissioner to determine whether the activity will comply with the applicable provisions of this chapter.

(c) A completed application must be submitted to the department's habitat division office representing the region or area in which the proposed activity will occur.

History

Authority: AS 16.05.020; AS 16.20.050; AS 16.20.162 AS 16.05.050; AS 16.20.060; AS 16.20.520 AS 16.05.251; AS 16.20.094; AS 16.20.530 AS 16.05.255; AS 16.20.096
Eff. 6/5/86, Register 98; am 8/15/2008, Register 187

5 AAC 95.710 Permit decision {#sec-5-aac-95.710 omnilex-key=us-ak-regs-official--title-5--5 AAC 95.710}

(a) The commissioner will issue a permit if the commissioner determines that the requirements of this chapter are met.

(b) The commissioner will notify an applicant in writing of any denial. The notice will include

(1) the reason for the denial; and

(2) a statement that the applicant may appeal under 5 AAC 95.920 or submit new or additional information and ask for reconsideration under (c) of this section.

(c) The commissioner may reconsider a denial of an application if the applicant submits factual information which is new or additional to that supplied with the original application. An applicant may submit the new or additional information as an amendment to the original application, or the applicant may submit a new application. The procedures of 5 AAC 95.700 - 5 AAC 95.760 apply to reconsideration.

History

Authority: AS 16.05.020; AS 16.20.050; AS 16.20.162 AS 16.05.050; AS 16.20.060; AS 16.20.520 AS 16.05.251; AS 16.20.094; AS 16.20.530 AS 16.05.255; AS 16.20.096
Eff. 6/5/86, Register 98; am 8/15/2008, Register 187

5 AAC 95.720 Permit conditions and assignment {#sec-5-aac-95.720 omnilex-key=us-ak-regs-official--title-5--5 AAC 95.720}

(a) To provide for the proper protection and management of fish and wildlife, and their habitats, the commissioner may include as conditions of the permit

(1) the duration of the proposed activity, including any provision for changing the time period during which the permit is valid and any provision for changing the effective time period of the permit;

(2) any other seasonal use restrictions on a specific activity;

(3) limitation of the a real extent of the activity;

(4) any provision for the mitigation of damage to fish or wildlife, or their habitats;

(5) any provision to facilitate periodic monitoring of the proposed land or water use or activity by an authorized representative of the state, including inspection and sampling;

(6) reporting requirements;

(7) any provision for the posting of a performance bond or other surety as authorized in 5 AAC 95.950, necessary to ensure compliance with the provisions of this chapter or conditions of the permit; and

(8) any other necessary condition.

(b) A permit may not be transferred but may be assigned upon written consent by the commissioner.

(c) The commissioner may require a permit applicant to sign and date the permit before its validation as acknowledgement of the permittee's agreement to, and full understanding of, all conditions of the permit.

(d) A person who obtains a permit issued under this chapter must comply with all conditions set out in the permit.

History

Authority: AS 16.05.020; AS 16.05.255; AS 16.20.162 AS 16.05.050; AS 16.20.094; AS 16.20.530 AS 16.05.251; AS 16.20.096
Eff. 6/5/86, Register 98; am 8/15/2008, Register 187

5 AAC 95.730 Permit term {#sec-5-aac-95.730 omnilex-key=us-ak-regs-official--title-5--5 AAC 95.730}

(a) Except as provided in (b) and (c) of this section, the commissioner may issue a permit for a fixed term not to exceed two years, subject to the provisions of this chapter.

(b) The commissioner may issue a permit for a personal use cabin, concurrent with a permit issued by the Department of Natural Resources under 11 AAC 65, for up to six years.

(c) The commissioner may issue a permit for a fixed term exceeding two years if the commissioner determines that the activity meets the purposes and requirements of this chapter and the activity is permanent in nature.

History

Authority: AS 16.05.020; AS 16.05.255; AS 16.20.162 AS 16.05.050; AS 16.20.094; AS 16.20.530 AS 16.05.251; AS 16.20.096
Eff. 6/5/86, Register 98; am 8/15/2008, Register 187

5 AAC 95.740 Amendments to the permit {#sec-5-aac-95.740 omnilex-key=us-ak-regs-official--title-5--5 AAC 95.740}

(a) The commissioner may initiate action to amend a permit to correct any condition or change any method authorized by the permit which was reasonably unforeseeable at the time of permit approval and which threatens to cause a substantially adverse effect upon

(1) fish or wildlife, or their habitat; or

(2) if the permit is a special area permit, the purpose for which the special area was established.

(b) Any action a permittee desires to take which increases the overall scope of the project or which negates, alters, or minimizes the intent or effectiveness of any condition contained in a permit, is a deviation from the approved plan and requires an amendment before initiation of the action.

(c) A permittee may request amendment of a permit by submitting, to the department's habitat division office where the permit was issued, a written statement explaining why the amendment is necessary, including the amended plan, the location, commencement time, duration, and type of activity requiring amendment.

(d) The commissioner will issue an amendment to the permit if he or she determines that the requirements of this chapter will be met. Review of a request for amendment after receipt of the written statement in the appropriate habitat division office will not exceed 30 days. The procedures of 5 AAC 95.700 - 5 AAC 95.760 apply to a request for amendment.

(e) An amendment approved by the commissioner becomes effective upon receipt by the permittee, or at a later date specified by the amendment. An amendment is valid for the duration of the permit or for a shorter specified period.

History

Authority: AS 16.05.020; AS 16.05.255; AS 16.20.162 AS 16.05.050; AS 16.20.094; AS 16.20.530 AS 16.05.251; AS 16.20.096
Eff. 6/5/86, Register 98; am 8/15/2008, Register 187

5 AAC 95.750 Retention of permit; inspection of permit sites {#sec-5-aac-95.750 omnilex-key=us-ak-regs-official--title-5--5 AAC 95.750}

(a) A permittee shall keep a copy of the permit, including any amendments, at the site of the permitted activity until completion of the activity, and shall make it available for inspection upon request by an authorized representative of the state.

(b) For the purpose of inspecting or monitoring compliance with any condition of the permit or the requirements of this chapter, a permittee shall give an authorized representative of the state free and unobstructed access, at safe and reasonable times, to the permit site. A permittee shall furnish whatever assistance and information as the authorized representative reasonably requires for monitoring and inspection purposes.

History

Authority: AS 16.05.020; AS 16.05.255; AS 16.20.162 AS 16.05.050; AS 16.20.094; AS 16.20.530 AS 16.05.251; AS 16.20.096
Eff. 6/5/86, Register 98; am 8/15/2008, Register 187

5 AAC 95.760 Renewal of permit {#sec-5-aac-95.760 omnilex-key=us-ak-regs-official--title-5--5 AAC 95.760}

(a) A permittee may request renewal of an existing permit before the expiration of the current term of the permit. Procedures in this chapter apply to renewal, except that the filing of a new application under 5 AAC 95.700 is not required.

(b) If an existing permit expires or is revoked, a permittee may obtain a new permit only by filing a new completed application in accordance with 5 AAC 95.700.

History

Authority: AS 16.05.020; AS 16.05.255; AS 16.20.162 AS 16.05.050; AS 16.20.094; AS 16.20.530 AS 16.05.251; AS 16.20.096
Eff. 6/5/86, Register 98

5 AAC 95.770 General permits {#sec-5-aac-95.770 omnilex-key=us-ak-regs-official--title-5--5 AAC 95.770}

Notwithstanding the provisions of 5 AAC 95.700 and 5 AAC 95.750 - 5 AAC 95.760, the commissioner may issue a permit to the public at large for a specific activity in a specific area.

History

Authority: AS 16.05.020; AS 16.20.050; AS 16.20.162 AS 16.05.050; AS 16.20.060; AS 16.20.520 AS 16.05.251; AS 16.20.094; AS 16.20.530 AS 16.05.255; AS 16.20.096
Eff. 6/5/86, Register 98; am 8/15/2008, Register 187

Article 8 General Provisions

5 AAC 95.900 Mitigation of damages {#sec-5-aac-95.900 omnilex-key=us-ak-regs-official--title-5--5 AAC 95.900}

(a) Each permittee shall mitigate any adverse effect upon fish or wildlife, or their habitat, which the commissioner determines may be expected to result from, or which actually results from, the permittee's activity, or which was a direct result of the permittee's failure to

(1) comply with a permit condition or a provision of this chapter; or

(2) correct a condition or change a method foreseeably detrimental to fish or wildlife, or their habitat.

(b) Mitigation techniques must be employed in the following order of priority:

(1) avoid an impact altogether by not taking a certain action or parts of an action;

(2) minimize an impact by limiting the degree of magnitude of the action;

(3) rectify the impact by repairing, rehabilitating, or restoring the affected environment;

(4) reduce or eliminate the impact over time by preservation and maintenance operations during the life of the action;

(5) compensate for the impact by replacing or providing substitute resources or environments.

(c) The duty to mitigate in (a) of this section does not apply to unavoidable adverse effects upon fish or wildlife populations, or their habitat, arising from an overwhelming force of nature with consequences not preventable by due and reasonable precautions.

(d) The commissioner will, in his or her discretion, specify, by permit amendment, additional provisions for mitigating damage to fish and wildlife populations, and their habitat.

(e) Notwithstanding the expiration or revocation of a permit, a permittee is responsible for the obligations arising under the terms and conditions of the permit, and under the provisions of this chapter.

History

Authority: AS 16.05.020; AS 16.05.255; AS 16.20.162 AS 16.05.050; AS 16.20.094; AS 16.20.530 AS 16.05.251; AS 16.20.096
Eff. 6/5/86, Register 98

5 AAC 95.902 Liability for violations {#sec-5-aac-95.902 omnilex-key=us-ak-regs-official--title-5--5 AAC 95.902}

A person who violates a provision of this chapter is strictly liable for the offense, regardless of that person's intent.

History

Authority: AS 16.05.020; AS 16.20.060; AS 16.20.530 AS 16.20.050; AS 16.20.520
Eff. 8/15/2008, Register 187

5 AAC 95.910 Failure to adhere to standards {#sec-5-aac-95.910 omnilex-key=us-ak-regs-official--title-5--5 AAC 95.910}

The commissioner will in his or her discretion require in writing that a permittee correct a condition or remove a structure or installation constructed under permit by the permittee, which is not in accordance with a provision of the permit.

History

Authority: AS 16.05.020; AS 16.05.255; AS 16.20.162 AS 16.05.050; AS 16.20.094; AS 16.20.530 AS 16.05.251; AS 16.20.096
Eff. 6/5/86, Register 98

5 AAC 95.920 Appeals {#sec-5-aac-95.920 omnilex-key=us-ak-regs-official--title-5--5 AAC 95.920}

An interested person may initiate an appeal of a decision made under this chapter in accordance with the provisions of AS 44.62.330 - 44.62.630 by requesting a hearing under AS 44.62.370.

History

Authority: AS 16.05.020; AS 16.05.255; AS 16.20.162 AS 16.05.050; AS 16.20.094; AS 16.20.530 AS 16.05.251; AS 16.20.096
Eff. 6/5/86, Register 98

5 AAC 95.930 Exclusion periods {#sec-5-aac-95.930 omnilex-key=us-ak-regs-official--title-5--5 AAC 95.930}

(a) The commissioner will notify a permittee that the term of the permit is, or will be, interrupted for a period of time if the commissioner determines that

(1) a temporary environmental condition exists which was reasonably unforeseeable at the time of permit approval and the permitted activity, if allowed to continue, threatens to cause a substantial adverse impact;

(2) the permittee has failed to implement a required mitigating or preventative measure; or

(3) the permittee has failed to comply with a provision of this chapter, or a condition of the permit.

(b) The exclusion period established under (a) of this section will be as long as necessary for abatement of the temporary condition, completion of the required mitigating or preventive measure, or compliance with the permit condition or the provisions of this chapter, and will not exceed a total of 30 days in any calendar year, without the consent of the permittee.

(c) The commissioner will, by notice to the permittee, terminate an exclusion period after the permittee demonstrates abatement, compliance, or implementation of the required mitigating measures.

(d) If the commissioner finds, before or during an exclusion period, that corrective action is unlikely to be completed within any available exclusion period, the commissioner will, in his or her discretion, initiate a revocation proceeding under AS 44.62.330 - AS 44.62.630.

History

Authority: AS 16.05.020; AS 16.05.255; AS 16.20.162 AS 16.05.050; AS 16.20.094; AS 16.20.530 AS 16.05.251; AS 16.20.096
Eff. 6/5/86, Register 98

5 AAC 95.940 Exemption for emergency and police power activities {#sec-5-aac-95.940 omnilex-key=us-ak-regs-official--title-5--5 AAC 95.940}

In an emergency, the commissioner may issue an oral permit for emergency or police power activities before receiving the completed application required in 5 AAC 95.700. A completed application must be submitted within the time specified by the commissioner, whether before or after the emergency or police power activity takes place.

History

Authority: AS 16.05.020; AS 16.05.255; AS 16.20.162 AS 16.05.050; AS 16.20.094; AS 16.20.530 AS 16.05.251; AS 16.20.096
Eff. 6/5/86, Register 98

5 AAC 95.950 Bonding or security {#sec-5-aac-95.950 omnilex-key=us-ak-regs-official--title-5--5 AAC 95.950}

(a) The commissioner will, in his or her discretion, require a performance bond with a surety company authorized to transact business in Alaska, or other specified security to secure the performance of the terms and conditions of a permit issued under this chapter.

(b) A performance bond or security required under (a) of this section is limited to an amount reasonably necessary to ensure compliance with the provisions of this chapter or the terms and conditions of a permit issued under this chapter.

(c) The commissioner will inspect or review actions taken under each applicable term or condition of a permit issued under this chapter, and will make a written finding that each applicable term and condition of the permit has been completed, before the permittee's performance bond or security is released.

(d) The posting of a performance bond or the taking of other security under (a) of this section does not limit the department's right, under applicable law, to seek further compensation from the permittee for actual damages to fish or wildlife, or their habitats, or for a violation of the permit.

History

Authority: AS 16.05.020; AS 16.20.050; AS 16.20.162 AS 16.05.050; AS 16.20.060; AS 16.20.520 AS 16.05.251; AS 16.20.094; AS 16.20.530 AS 16.05.255; AS 16.20.096
Eff. 6/5/86, Register 98

5 AAC 95.990 Definitions {#sec-5-aac-95.990 omnilex-key=us-ak-regs-official--title-5--5 AAC 95.990}

In addition to the definitions set out in AS 16.05.940, as used in this chapter:

(1) "authorized representative of the state" means one who is legally empowered to enforce a statute under which regulations in this chapter are promulgated;

(2) "completed application" means the submission of full plans, specifications and notifications required by AS 16.20, and includes a form, series of forms, letter or other documents that provide all of the information necessary for the commissioner to issue, condition or deny a permit;

(3) "emergency" means an unforeseeable situation that presents an imminent threat to life or property;

(4) "mitigate" means to compensate fully for damage to fish and wildlife populations and their habitat by employing the most appropriate techniques;

(5) "permittee" means the holder of a permit and includes anyone employed, contracted, or assigned by the person or the organization to whom the permit was issued to conduct a land or water use operation;

(6) "permit" means the approval of plans and specifications required by AS 16.20.060 or 16.20.530, and any authorization made under AS 16.20.094, 16.20.096, or 16.20.162;

(7) "special area" means a state game refuge, a state game sanctuary, or a state fish and game critical habitat area, established under AS 16.20;

(8) "wildlife" means any species of bird or mammal as described in AS 16.05.940(14).

History

Authority: AS 16.05.020; AS 16.05.255; AS 16.20.162 AS 16.05.050; AS 16.20.094; AS 16.20.530 AS 16.05.251; AS 16.20.096
Eff. 6/5/86, Register 98

Part 6 Fish and Game Advisory Committees and Adoption of Fish and Game Regulations

Chapter 96 Local Fish and Game Advisory Committees and Adoption of Fish and Game Regulations

Article 1 Local Fish and Game Advisory Committees

5 AAC 96.010 Establishment of a local fish and game advisory committee system {#sec-5-aac-96.010 omnilex-key=us-ak-regs-official--title-5--5 AAC 96.010}

There is established a system of local fish and game advisory committees to provide a local forum for the collection and expression of opinions and recommendations on matters relating to the management of fish and wildlife resources.

History

Authority: AS 16.05.260

5 AAC 96.020 Creation of local fish and game advisory committees {#sec-5-aac-96.020 omnilex-key=us-ak-regs-official--title-5--5 AAC 96.020}

(a) The joint board may establish an advisory committee that represents fish and game user groups in the area served by the committee as required in 5 AAC 96.060(e)(1). A group of 25 interested people may request the joint board to create a committee. The joint board will, to the extent feasible, establish and locate committees to allow an opportunity for all residents of the state to participate in the regulatory system.

(b) A committee must be approved by the joint board before starting its operations. The joint board will appoint the original five members of a committee, at which time the committee shall begin its operations.

(1) whether an existing committee could be expanded to include members who represent the interest of the persons making the request;

(2) whether representation of all user groups in the area on existing committees is adequate;

(3) whether residents of the local area are likely to participate actively on the proposed committee;

(4) whether there are likely to be enough qualified people interested in serving on the proposed committee;

(5) whether logistical problems would make it difficult to provide assistance to the proposed committee;

(6) whether the proposed committee would enhance participation in the decision-making process; and

(7) the efficiency of existing committees.

History

Authority: AS 16.05.260

5 AAC 96.021 Establishment of advisory committees {#sec-5-aac-96.021 omnilex-key=us-ak-regs-official--title-5--5 AAC 96.021}

(a) The following local fish and game advisory committees are established:

(1) in the Southeast Alaska Region: Angoon, Craig, East Prince of Wales, Edna Bay, Elfin Cove, Juneau-Douglas, Hydaburg, Hyder, Icy Straits, Kake, Ketchikan, Klawock, Klukwan, Pelican, Petersburg, Port Alexander, Saxman, Sitka, Sumner Strait, Tenakee, Upper Lynn Canal, Wrangell, Yakutat;

(2) in the Southcentral Alaska Region: Copper River/Prince William Sound, Prince William Sound/Valdez, Copper Basin, Anchorage, Seward, Kenai/Soldotna, Central Peninsula, Homer, Seldovia, Tok Cutoff/Nabesna Road, Paxson, Denali, Matanuska Valley, Mt. Yenlo, Tyonek, Cooper Landing, Whittier, Susitna Valley;

(3) in the Southwest Alaska Region: Nushagak, Naknek/Kvichak, Lake Iliamna, Nelson Lagoon, Chignik, Kodiak, Sand Point, King Cove, False Pass, Unalaska/Dutch Harbor, Lower Bristol Bay, Togiak;

(4) in the Western Alaska Region: Central Bering Sea, Lower Kuskokwim, Central Kuskokwim, Coastal Lower Yukon, Mid-Lower Yukon, Bethel;

(5) in the Arctic Alaska Region: Northern Norton Sound, Kotzebue Sound, Northern Seward Peninsula, Upper Kobuk, Lower Kobuk, Noatak/Kivalina, North Slope, St. Lawrence Island, Southern Norton Sound; and

(6) in the Interior Alaska Region: Central, Middle Nenana River, Delta, Eagle, Fairbanks, Lake Minchumina, Middle Yukon, Grayling/Anvik/Shageluk/Holy Cross, Koyukuk, McGrath, Ruby, Tanana/Rampart/Manley, Minto/Nenana, Upper Tanana/Fortymile, Yukon Flats, Stony/Holitna.

(b) The joint board may identify a committee established in (a) of this section as representing more than one community, and may designate one or more seats on the committee for a specific community. Each community is entitled to elect up to the designated number of representatives for the committee, in accordance with 5 AAC 96.060(g)(2).

(c) The following committees are identified as representing more than one community, or, additionally, as having less than 15 members, and the following seats on the committee are designated for each community:

(1) in the Southeast Alaska Region:(A) Upper Lynn CanalHaines8representativesSkagway2representativesSkagway1representativeUndesignated4representatives(B) Icy StraitsHoonah9representativesGustavus2representativesUndesignated4representatives(C) KetchikanSaxman2representativesUndesignated13representatives(D) Saxman (9 members)Saxman6representativesKetchikan2representativesUndesignated1representative(E) Edna Bay (7 members)Edna Bay7representatives(F) East Prince of WalesThorne Bay2representativesCoffman Cove2representativesWhale Pass2representativesKasaan2representativesHollis2representativesUndesignated5representatives(2) in the Southcentral Alaska Region:(A) Copper BasinGlennallen2representativesLake Louise1representativeTazlina3representativesCopper Center2representativesGakona/Gulkana3representativesKenny Lake1representativeChitina1representativeUndesignated2representatives(B) repealed 7/12/98;(C) Mount YenloSkwentna4representativesUndesignated11representatives(D) Tok Cutoff/Nabesna Road (7 members)Mentasta1representativeChistochina1representativeUndesignated5representatives(E) Whittier (9 members)Undesignated9representatives(F) Susitna Valley (7 members)Undesignated7representatives(G) Seward (11 members)Undesignated11representatives(3) in the Southwest Alaska Region:(A) ChignikChignik3representativesChignik Lagoon3representativesIvanoff3representativesChignik Lake3representativesPerryville3representatives(B) KodiakKodiak7representativesOld Harbor1representativeOuzinkie1representativePort Lions1representativeUndesignated5representatives(C) Lake Iliamna (10 members)Iliamna1representativeNondalton1representativePedro Bay1representativeKokhanok1representativeIgiugig1representativeNewhalen1representativePort Alsworth1representativeUndesignated3representatives(D) Lower Bristol BayUgashik1representativeEgegik2representativesPilot Point2representativesPort Heiden2representativesUndesignated8representatives(E) NushagakDillingham5representativesClarks Point1representativeEkwok1representativeNew Stuyahok1representativeKoliganek1representativeAleknagik1representativeTogiak1representativePortage Creek1representativeManokotak1representativeUndesignated2representatives(F) TogiakTogiak3representativesManokotak3representativesTwin Hills8representativesUndesignated8representatives(4) in the Western Alaska Region:(A) Central Bering SeaChevak1representativeChefornak1representativeGoodnews Bay1representativeKipnuk1representativeKongiganak1representativeKwigillingok1representativeMekoryuk1representativeNewtok1representativeNightmute1representativePlatinum1representativeQuinhagak1representativeToksook Bay1representativeTununak1representativeUndesignated2representatives(B) Lower Kuskokwim (14 members)Kwethluk2representativesNapaskiak2representativesNapakiak1representativeKasigluk1representativeOscarville1representativeNunapitchuk1representativeTuntutuliak1representativeTuluksak1representativeAtmauthluak1representativeAkiak1representativeAkiachak1representativeEek1representative(C) Central Kuskokwim (12 members)Crooked Creek2representativesAniak2representativesChuathbaluk2representativesLower Kalskag2representativesUpper Kalskag2representativesUndesignated2representatives(D) repealed 9/19/2019;(E) Coastal Lower Yukon (6 members) Scammon Bay1representativeAlakanuk1representativeKotlik1representativeEmmonak1representativeHooper Bay1representativeNunam Iqua1representative(F) Mid-Lower Yukon (7 members)Marshall1representativeRussian Mission1representativeSt. Marys1representativeAndreafski1representativeMountain Village1representativePilot Station1representativePitkas Point1representative(G) Bethel (11 members)Undesignated11representatives(5) in the Arctic Alaska Region:(A) Northern Norton SoundNome6representativesElim1representativeWales1representativeGolovin1representativeCity of White Mountain1representativeShishmaref1representativeTeller1representativeBrevig Mission1representativeUndesignated2representatives(B) Northern Seward Peninsula (9 members)Buckland3representativesDeering3representativesUndesignated3representatives(C) Upper Kobuk (10 members)Ambler3representativesShungnak3representativesKobuk2representativesUndesignated2representatives(D) Lower Kobuk (11 members)Noorvik3representativesKiana3representativesSelawik3representativesUndesignated2representatives(E) Noatak/Kivalina (9 members)Noatak3representativesKivalina2representativesUndesignated4representatives(F) North Slope (9 members)Barrow1representativePoint Hope1representativePoint Lay1representativeWainwright1representativeAtquasuk1representativeKaktovik1representativeNuiqsut1representativeAnaktuvuk Pass1representativeUndesignated1representative(G) repealed 12/30/2007;(H) Southern Norton SoundUnalakleet6representativesSt. Michael2representativesShaktoolik2representativesStebbins2representativesKoyuk2representativesUndesignated1representative(6) in the Interior Alaska Region:(A) McGrathMcGrath6representativesNikolai3representativesTelida1representativeTakotna2representativesUndesignated3representatives(B) Middle Nenana River (11 members)Healy5representativesClear3representativesMcKinley Village1representativeFerry1representativeUndesignated1representative(C) Upper Tanana/Fortymile (9 members)Tok3representativesNorthway1representativeTetlin1representativeDot Lake1representativeTanacross1representativeHealy Lake1representativeUndesignated1representative(D) Yukon FlatsBirch Creek1representativeBeaver2representativesChalkyitsik2representativesFort Yukon2representativesArctic Village2representativesCircle2representativesVenetie2representativesStevens Village2representatives(E) Tanana/Rampart/Manley (9 members)Manley Hot Springs2representativesRampart3representativesTanana3representativesUndesignated1representative(F) Middle Yukon (13 members)Galena4representativesKaltag4representativesNulato3representativesKoyukuk2representatives(G) Koyukuk RiverAllakaket3representativesHuslia3representativesHughes2representativesAlatna2representativesBettles2representativesUndesignated3representatives(H) Grayling/Anvik/Shageluk/Holy Cross (9 members)Holy Cross2representativesGrayling2representativesAnvik2representativesShageluk2representativesUndesignated1representative(I) Minto/Nenana (11 members)Nenana5representativesMinto5representativesUndesignated1representative(J) Ruby (9 members)Undesignated9representatives(K) Eagle (9 members)Undesignated9representatives(L) Delta (11 members)Undesignated11representatives(M) Central (9 members)Undesignated9representatives(N) Stony/Holitna (8 members)Sleetmute2representativesLime Village2representativesStony River2representativesRed Devil2representatives(O) Lake Minchumina (9 members)Lake Minchumina4representativesUndesignated5representatives

History

Authority: AS 16.05.260

5 AAC 96.022 Determination of compliances {#sec-5-aac-96.022 omnilex-key=us-ak-regs-official--title-5--5 AAC 96.022}

A committee may

(1) develop regulatory proposals for submission to the appropriate board;

(2) evaluate regulatory proposals submitted to them and make recommendations to the appropriate board;

(3) provide a local forum for fish and wildlife conservation and use, including any matter related to fish and wildlife habitat; and

(4) repealed 2/23/2014;

(5) repealed 2/23/2014;

(6) cooperate and consult with interested persons and organizations, including government agencies, and encourage youth and elder involvement in committee activities, to accomplish (1) - (3) of this section.

History

Authority: AS 16.05.260

5 AAC 96.060 Uniform rules of operation {#sec-5-aac-96.060 omnilex-key=us-ak-regs-official--title-5--5 AAC 96.060}

(a) Each committee must comply with the uniform rules of operation contained in this section.

(b) Organization. Each committee is organized under AS 16.05.260.

(c) Responsibilities. Each committee is responsible for performing the functions described in 5 AAC 96.010 and 5 AAC 96.050 in accordance with provisions of 5 AAC 96 - 5 AAC 99.

(d) Title. Each committee must have a title.

(e) Membership.

(1) Each committee must have at least five but not more than 15 members. The joint board may limit the size of a committee to less than 15 members at the time the committee is established or at committee request. The members must be representative of fish and game user groups in the area served by the committee. To the extent practicable, at least three user groups must be represented on each committee, and membership must include representatives from each town or village located in the area that the committee represents. To ensure full representation of an area, the joint board may assign a seat on the committee to represent a specific user group or specific community.

(2) A newly-elected member that is filling a

(A) vacated seat begins serving immediately and has immediate voting and membership privileges;

(B) seat of a member whose term is expiring will be seated at the first committee meeting that is held after the date that the term of the previous member expires.

(3) repealed 9/19/2019;

(4) repealed 9/19/2019;

(5) repealed 9/19/2019;

(6) repealed 9/19/2019;

(7) repealed 9/19/2019;

(8) repealed 9/19/2019.

(f) Terms of Members. Each committee shall establish the terms of the committee's members so that not more than one-third of the committee members' terms expire in one calendar year. Terms commence on July 1 and expire on June 30 of the year designated. Except as specified in (g)(1) of this section, an expired term may continue until a successor has been duly elected at the next committee meeting, or for community designated seats under 5 AAC 96.021(c), at an election within 12 months following the expiration of the term. The maximum length of a term is three years.

(g) Election Procedures.

(1) Vacancy. A committee shall give at least 14 days public notice of a meeting for an election to fill a vacant or expired seat. An election for a community designated seat under 5 AAC 96.021(c) must also have 14 days public notice. The member elected to fill a vacant seat will serve the remainder of the vacant seat's term. A chair, or boards support section when the chair is unable, shall declare a vacancy when any of the following occurs:

(A) a member's death, resignation, or refusal to accept election;

(B) a member's absence from three consecutive, regularly advertised meetings without reasonable justification, as determined by a majority vote of the committee; or

(D) a member's term has expired or its expiration is imminent;

(E) for community designated seats under 5 AAC 96.021(c), if an election has not occurred 12 months following the expiration of the term;

(2) Nomination. The committee may set a time period during which the committee will accept nominations and shall give adequate public notice of the time before accepting nominations. Any committee member or resident of the area served by the committee as defined in 5 AAC 96.910(10) may submit a nomination. A committee may not reject a nomination for an undesignated seat if committee membership is less than the number of members authorized by the joint board;

(3) Place of election. Elections for a community seat specified in 5 AAC 96.021(c) may take place in the community for which the seat is specified;

(4) Quorum requirements for elections. A committee need not establish a quorum to accept nominations or elect a new member except that, for committees with both community and undesignated seats, election for undesignated seats shall be held at a committee meeting at which a quorum is present;

(5) Elections. Each committee member, and each voting-age resident of the area or served by the committee as defined in 5 AAC 96.910(10) who attends the election, may vote on a nomination for membership. Nominees receiving the most votes are elected;

(6) Election results. A committee shall forward election results, and each newly-elected or re-elected member shall forward a new member form, to the appropriate regional office of the boards support section not later than 30 days after the election. A newly-elected or re-elected member loses membership status if the member fails to submit a new member form within 30 days after the election;

(7) Alternates.

(A) Each advisory committee may appoint two undesignated alternates. An undesignated alternate may act as a member of the advisory committee in place of any member who is absent from a meeting. If an advisory committee appoints an undesignated alternate from the remaining nominees from an election, the alternate may serve on the advisory committee throughout the year to fill a vacancy;

(B) Advisory committees with community-designated seats identified in 5 AAC 96.021( c) may appoint an alternate for each community represented, to be appointed by a majority of the elected members representing that community, the member who is the sole representative of the community, or by the chair when elected members representing the community are unable to appoint an alternate. A community-designated alternate may act as a member of the advisory committee when an elected member representing that community is absent from the meeting. If a community-designated alternate is appointed by a majority of the elected members representing that community or the sole representative of a community, the alternate may serve on that advisory committee throughout the year to fill a vacancy;

(C) Alternates must meet the qualifications under this chapter. Alternates are not elected under (1) - (6) of this subsection. When acting as a member of an advisory committee, an alternate is entitled to the benefits, privileges, and responsibilities of a regular member. The term for an undesignated or community-designated alternate is not to exceed a 12-month period and the term ends on June 30.

(h) Repealed 9/19/2019.

(i) Officers. The officers of a committee consist of a chair, a vice-chair, and a secretary or recorder. The term of office for officers is two years starting July 1 and ending June 30 of the following year, or until the next meeting when new officers can be elected. Officers are elected by a majority vote of a quorum of a committee.

(j) Chair. The chair is the presiding officer and is responsible for setting meeting dates, establishing agendas, and ensuring that preliminary recommendations and actions of the committee are recorded in writing and submitted to boards support section in the manner specified by boards support.

(k) Vice-chair. The vice-chair shall assist the chair and assume chair's duties when the chair is absent.

(l) Secretary or recorder. The secretary or recorder is essential for ensuring the actions by the advisory committee are accurately recorded in writing. The secretary or recorder may be, but need not be, a member of the committee. The secretary or recorder shall carry out the usual duties associated with the office including maintaining records of the meetings in accordance with 5 AAC 96.060(s). If the secretary or recorder is not a committee member, the secretary or recorder has no vote on committee business other than nominations for committee membership.

(m) Replacement of an Officer. A committee may replace an officer if

(1) the officer resigns from office or from committee membership before his or her term in office, or on the committee, expires;

(2) the committee declares the officer's seat vacant under (g) of this section; or

(3) a quorum of the committee meets and a majority of the full committee membership votes to remove the committee member from office, after giving the officer written notice at least 14 days before the meeting.

(n) Removal for Cause. The joint board may remove any member of a committee for cause upon the written request of the majority of all members serving on the committee setting out the reasons for the requested removal. As used in this subsection, "cause" includes

(1) repealed 9/19/2019;

(2) conviction of a crime or imposition of an administrative disciplinary action for behavior inconsistent with the responsibility of a fish and game advisory committee membership within the preceding five years;

(3) serious and substantial disregard for or violation of the provisions of this chapter or 5 AAC 97 governing the committee system, including conduct warranting the imposition of disciplinary measures under Robert's Rules of Order; or

(4) failure, at any time, to meet the qualifications for committee membership.

(o) Meetings. An advisory committee is considered a governmental body under the Open Meetings Act, AS 44.62.310 - AS 44.62.319.

(1) Regular meeting. A committee shall meet at least twice a year to remain active under 5 AAC 96.450. A committee may meet at times appropriate to the process described in 5 AAC 96.610, and at other times to formulate regulatory proposals, review and comment on proposals, and consider matters appropriate to the committee's functions under 5 AAC 96.050. A chair, the department, or two members of the committee may call a regular meeting.

(2) Special meeting. A chair, the department, or two members of the committee may call a special meeting at which any person may submit a statement to the committee on any matter relating to the committee's functions under 5 AAC 96.050 or 5 AAC 96.060(g) or (m).

(p) Joint Committee Meeting. Each committee shall cooperate with other committees on matters of mutual interest and concern, and may hold a joint meeting to accomplish this purpose.

(q) Quorum. A majority of all the members serving on a committee constitutes a quorum for the transaction of business. Every action or decision of a majority of the members present at a duly held meeting of a committee, at which a quorum is present, is an act of the committee.

(r) Rules of Meetings. Meetings of a committee will, to the extent practicable, be conducted according to the latest edition of Robert's Rules of Order. A committee may implement the disciplinary measures in Robert's Rules of Order except for permanent removal of a member for cause under (n) of this section. A member abstaining from voting may be recorded as an abstention if the member provides an explanation that is included in the committee records. Notwithstanding (q) of this section, if abstention votes are recorded, the action or decision of a majority of the remaining members at a meeting at which a quorum is present is an act of the committee.

(s) Record of Meetings. Preliminary recommendations of each committee meeting shall be recorded in writing and forwarded to the boards support section not later than 30 days after the meeting. Before an advisory committee chair or a designee will be allowed to represent the advisory committee before the joint board, the Board of Fisheries, or the Board of Game, the appropriate board may require that the advisory committee submit to the respective board a set of the committee's written recommendations relevant to the topic of the board meeting. In the event a committee is unable to meet with a quorum to approve written recommendations, the committee shall appoint a member other than the secretary to provide a preliminary approval of the recommendations.

(t) Records. All correspondence, manuals, meetings minutes, membership listings, newsletters, regulations, requests for new committees, structure and reorganization data, public meeting notices and membership nominations must be forwarded to the boards support section not later than 30 days after the production of the action, so that such records may be kept as a permanent state record and transferred to the Alaska State Archives in accordance with the records retention schedule adopted under AS 40.21.030.

History

Authority: AS 16.05.260

5 AAC 96.070 Report of activities {#sec-5-aac-96.070 omnilex-key=us-ak-regs-official--title-5--5 AAC 96.070}

Repealed 10/9/83.

5 AAC 96.080 Interaction of local advisory committees with regional fish and game councils {#sec-5-aac-96.080 omnilex-key=us-ak-regs-official--title-5--5 AAC 96.080}

Repealed.

Article 2 (Repealed)

History

Eff. 9/22/85, Register 95; repealed 2/23/2014, Register 209

5 AAC 96.250 Functions of regional fish and game councils {#sec-5-aac-96.250 omnilex-key=us-ak-regs-official--title-5--5 AAC 96.250}

Repealed.

5 AAC 96.260 Uniform rules of operation {#sec-5-aac-96.260 omnilex-key=us-ak-regs-official--title-5--5 AAC 96.260}

Repealed.

5 AAC 96.270 Report of activities {#sec-5-aac-96.270 omnilex-key=us-ak-regs-official--title-5--5 AAC 96.270}

Repealed 10/9/83.

5 AAC 96.280 Attendance at meetings {#sec-5-aac-96.280 omnilex-key=us-ak-regs-official--title-5--5 AAC 96.280}

Repealed.

Article 3 Administration of Local Fish and Game Committees

5 AAC 96.400 Operation of local fish and game advisory committee system {#sec-5-aac-96.400 omnilex-key=us-ak-regs-official--title-5--5 AAC 96.400}

Repealed 10/9/83.

5 AAC 96.410 Distribution of local fish and game advisory committees {#sec-5-aac-96.410 omnilex-key=us-ak-regs-official--title-5--5 AAC 96.410}

Repealed.

5 AAC 96.420 Review of requests for local fish and game advisory committees {#sec-5-aac-96.420 omnilex-key=us-ak-regs-official--title-5--5 AAC 96.420}

Repealed.

5 AAC 96.430 Review of nominations for membership on local fish and game advisory committees {#sec-5-aac-96.430 omnilex-key=us-ak-regs-official--title-5--5 AAC 96.430}

Repealed 11/30/89.

5 AAC 96.440 Board assistance {#sec-5-aac-96.440 omnilex-key=us-ak-regs-official--title-5--5 AAC 96.440}

The boards will provide information regarding board meetings to committees so that committees may plan maximum participation in the boards' deliberations. In addition, a board may request a committee to meet and to formulate recommendations on a subject or issue identified by the board.

History

Authority: AS 16.05.260

5 AAC 96.450 Committee status and change of status {#sec-5-aac-96.450 omnilex-key=us-ak-regs-official--title-5--5 AAC 96.450}

(a) Repealed 9/19/2019;

(b) Repealed 9/19/2019;

(c) Committees may merge if each affected committee votes to request merger, and if the joint board determines that the merger should occur.

(d) The joint board may merge a dormant committee with a committee if the boards support section gives the committees notice of the proposed merger, if the dormant committee does not express an intention to meet or if the committee does not do so within a reasonable time after notice, and if the joint board determines that the merger should occur.

(e) The joint board may dissolve a committee if the committee has been dormant for two years and fails to respond to boards support section inquiries about the committee's desire to remain in existence. The joint board may dissolve a committee for failure to act in accordance with the provisions of this chapter and 5 AAC 97.

History

Authority: AS 16.05.260

5 AAC 96.460 Attendance at meetings {#sec-5-aac-96.460 omnilex-key=us-ak-regs-official--title-5--5 AAC 96.460}

When adequate funding exists the department will, in its discretion, reimburse committee members for the following:

(1) travel to local committee meetings and necessary related expenses;

(2) travel, approved in advance, for the purpose of joint meetings between two or more committees; and

(3) travel and other necessary expenses approved in advance by the boards for committee chairmen or their designees to attend board meetings. A chair's designee must be a committee member.

History

Authority: AS 16.05.260

Article 4 (Repealed)

(a) Each board will hold at least one regular meeting a year. Other meetings, including special meetings on specific issues, will be held as the boards consider necessary.

(b) Repealed 9/19/2019.

History

Authority: AS 16.05.260; AS 16.05.310 AS 16.05.300; AS 16.05.315

5 AAC 96.610 Procedure for developing fish and game regulations {#sec-5-aac-96.610 omnilex-key=us-ak-regs-official--title-5--5 AAC 96.610}

(a) For the purpose of developing fish and game regulations, each board will observe the procedures set out in this section. The deadlines for each phase will be set by the appropriate board for each meeting and will be announced to committees and the public.

(b) Phase 1. Each board will solicit regulatory proposals to facilitate that board's deliberations. The boards may limit those sections or portions of the existing regulations that will be open for change. The boards will provide forms to be used in preparing proposals. Notices soliciting proposals will be distributed statewide. In order to be considered, a proposal seeking regulatory change in those sections or portions of the regulations open for change must be received by the boards before the designated deadline unless provided otherwise by a board.

(c) Phase 2. After the deadline for receiving proposals, the boards support section shall compile regulatory proposals received on time, including proposals from department staff and other government agencies, distribute them to the public through department offices and the boards support section website, and send them to the committees.

(d) Phase 3. Committees may review the proposals at a public meeting and may request technical and scientific support data and prepared testimony from the department. The boards will receive committee recommendations and solicit public comment.

(e) Phase 4. Each board will give legal notice of timely received proposals. In accordance with the Administrative Procedure Act (AS 44.62), each board will hold a public hearing and will act on proposals or develop alternatives on the subject matter legally noticed. The final decision on all proposals remains the responsibility of a board.

(f) Phase 5. After completion of procedures required by the Administrative Procedure Act (AS 44.62), a board will notify each committee of the actions taken on each committee's respective recommendations and proposals and the reasons for those actions.

History

Authority: AS 16.05.260

5 AAC 96.615 Subsistence proposal policy {#sec-5-aac-96.615 omnilex-key=us-ak-regs-official--title-5--5 AAC 96.615}

(a) It is the policy of the Boards of Fisheries and Game to consider subsistence proposals for topics that are not covered by the notice soliciting proposals under 5 AAC 96.610(a). To be considered by a board, a subsistence proposal must be timely submitted under 5 AAC 96.610(a), and

(1) the proposal must address a fish or game population that has not previously been considered by the board for identification as a population customarily and traditionally used for subsistence under AS 16.05.258; or

(2) the circumstances of the proposal otherwise must require expedited consideration by the board, such as where the proposal is the result of a court decision or is the subject of federal administrative action that might impact state game management authority.

(b) A board may delegate authority to a review committee, consisting of members of the board, to review all subsistence proposals for any meeting to determine whether the conditions in (a) of this section apply.

(1) the board has previously considered the same issue and there is no substantial new evidence warranting reconsideration; or

(2) board action on the proposal would affect other subsistence users who have not had a reasonable opportunity to address the board on the matter.

History

Authority: AS 16.05.251; AS 16.05.255; AS 16.05.258
Eff. 8/17/91, Register 119; readopt 5/15/93, Register 126

5 AAC 96.620 Supplemental regulations and actions {#sec-5-aac-96.620 omnilex-key=us-ak-regs-official--title-5--5 AAC 96.620}

Repealed 10/9/83.

5 AAC 96.621 Board of Fisheries traditional knowledge policy {#sec-5-aac-96.621 omnilex-key=us-ak-regs-official--title-5--5 AAC 96.621}

(a) The Board of Fisheries will incorporate local knowledge and traditional knowledge as an aspect of best available science to inform Board of Fisheries regulation adoption.

(b) In this section,

(1) "local knowledge" means a way of knowing developed from the observations and personal and shared experiences of people living, working, harvesting, and processing fish or game in a specific place; "local knowledge" may be obtained rapidly rather than generationally;

(2) "traditional knowledge" means a way of knowing that is unique to a given culture or society, often through language, that encompasses a worldview that defines specific relationships between humans and nonhuman attributes of the world; "traditional knowledge" includes

(A) knowledge that derives from personal experiences and the cumulative experiences of a person's forbearers, including generational knowledge; and

(B) knowledge that is characterized by a long time scale that is local in scope and that may provide a counterpoint to more broad-based, scientifically produced knowledge.

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 6/17/2026, Register 258

5 AAC 96.625 Joint board petition policy {#sec-5-aac-96.625 omnilex-key=us-ak-regs-official--title-5--5 AAC 96.625}

(a) Under AS 44.62.220, an interested person may petition an agency, including the Boards of Fisheries and Game, for the adoption, amendment, or repeal of a regulation. The petition must clearly and concisely state the substance or nature of the regulation, amendment, or repeal requested, the reason for the request, and must reference the agency's authority to take the requested action. Within 30 days after receiving a petition, a board will deny the petition in writing, or schedule the matter for public hearing under AS 44.62.190 - 44.62.210, which require that any agency publish legal notice describing the proposed change and solicit comment for 30 days before taking action. AS 44.62.230 also provides that if the petition is for an emergency regulation, and the agency finds that an emergency exists, the agency may submit the regulation to the lieutenant governor immediately after making the finding of emergency and putting the regulation into proper form.

(b) Fish and game regulations are adopted by the Alaska Board of Fisheries and the Alaska Board of Game. Annually, the boards solicit regulation changes through regulatory proposals described in 5 AAC 96.610(a). Several hundred proposed changes are usually submitted to each board annually. The Department of Fish and Game compiles the proposals and mails them to all fish and game advisory committees and to other interested individuals.

(c) Copies of all proposals are available at local Department of Fish and Game offices and on the boards support section's website. When the proposal books are available, the advisory committees hold public meetings in the communities and regions they represent, to gather local comment on the proposed changes. Finally, the boards convene public meetings, which have lasted as long as six weeks, taking department staff reports, public comment, and advisory committee reports before voting in public session on the proposed changes.

(d) The public has come to rely on this regularly scheduled participatory process as the basis for changing fish and game regulations. Commercial fishermen, processors, guides, trappers, hunters, sport fishermen, subsistence fishermen, and others plan business and recreational ventures around the outcome of these public meetings.

(e) The Boards of Fisheries and Game recognize the importance of public participation in developing management regulations, and recognize that public reliance on the predictability of the normal board process is a critical element in regulatory changes. The boards find that petitions received under (a) of this section can detrimentally circumvent this process and that an adequate and more reasonable opportunity for public participation is provided by regularly scheduled meetings.

(f) The Boards of Fisheries and Game recognize that in rare instances circumstances may require regulatory changes outside the process described in (b) - (d) of this section. It is the policy of the boards that a petition will be denied and not scheduled for hearing unless the problem outlined in the petition justifies a finding of emergency under AS 44.62.250(a). In accordance with state policy expressed in AS 44.62.270, emergencies will be held to a minimum and are rarely found to exist. Except for petitions dealing with subsistence hunting or subsistence fishing, an emergency is an unforeseen, unexpected event that either threatens a fish or game resource, or an unforeseen, unexpected resource situation where a biologically allowable resource harvest would be precluded by delayed regulatory action and such delay would be significantly burdensome to the petitioners because the resource would be unavailable in the future. Petitions dealing with subsistence hunting or subsistence fishing will be evaluated under these criteria:

(1) the petition must address a fish or game population that has not previously been considered by the board for identification as a population customarily and traditionally used for subsistence under AS 16.05.258; or

(2) the circumstances of the petition otherwise must require expedited consideration by the board, such as where the proposal is the result of a court decision or is the subject of federal administrative action that might impact state game management authority.

History

Authority: AS 16.05.251; AS 16.05.255; AS 16.05.258
Eff. 9/22/85, Register 95; am 8/17/91, Register 119; readopt 5/15/93, Register 126; am 2/23/2014, Register 209; am 9/19/2019, Register 231

5 AAC 96.630 Special meetings {#sec-5-aac-96.630 omnilex-key=us-ak-regs-official--title-5--5 AAC 96.630}

In conjunction with any special meeting called under 5 AAC 96.600, each board will follow the procedures set out in 5 AAC 96.610 to the extent time permits. However, a board will, in its discretion, modify the procedures, if it would be more suitable for any particular special meeting.

History

Authority: AS 16.05.260

5 AAC 96.640 Regular meetings {#sec-5-aac-96.640 omnilex-key=us-ak-regs-official--title-5--5 AAC 96.640}

A board will, in its discretion, modify the procedures set out in 5 AAC 96.610 in conjunction with any regular meeting, if to do so would enhance public, committee participation in the board's deliberations.

History

Authority: AS 16.05.260

5 AAC 96.650 Staff assistance {#sec-5-aac-96.650 omnilex-key=us-ak-regs-official--title-5--5 AAC 96.650}

Repealed 10/9/83.

5 AAC 96.660 Compliance {#sec-5-aac-96.660 omnilex-key=us-ak-regs-official--title-5--5 AAC 96.660}

(a) The failure of a committee or a board to observe procedures set out in this chapter and 5 AAC 97, except as may be required by the Administrative Procedure Act (AS 44.62), does not invalidate a regulation adopted by a board.

(b) The failure of a committee to observe procedures set out in this chapter will be addressed by the boards support section of the department. If the boards support section determines that it is necessary for a particular matter to be addressed by a board or joint board, the boards support section will forward that particular matter to the appropriate board or the joint board for resolution.

History

Authority: AS 16.05.260

Article 6 General Provisions

5 AAC 96.900 Removal for cause {#sec-5-aac-96.900 omnilex-key=us-ak-regs-official--title-5--5 AAC 96.900}

Repealed 10/9/83.

5 AAC 96.910 Definitions {#sec-5-aac-96.910 omnilex-key=us-ak-regs-official--title-5--5 AAC 96.910}

In 5 AAC 96 - 5 AAC 99

(1) "board" means the Board of Fisheries or the Board of Game acting individually;

(2) "joint board" means the Board of Fisheries and the Board of Game acting jointly;

(3) "committee" means a local fish and game advisory committee;

(4) repealed 2/23/2014;

(5) "designee" means a committee member who has been designated by the chair of the committee;

(6) "region" means a fish and game resource management region;

(7) "designated seat" means any seat the joint board assigns, under 5 AAC 96.060, to represent a particular user group or a particular community;

(8) "boards support section" means the section in the department assigned to perform administrative functions and support to the boards and joint board;

(9) "department" means the Department of Fish and Game;

(10) "resident of the area served by the committee" for the purposes of the advisory committee election procedures under 5 AAC 96.060(g) means a person who is a resident as defined in AS 16.05.940(28) and who maintains a domicile in the area served by a committee described in 5 AAC 97.005.

History

Authority: AS 16.05.251; AS 16.05.260 AS 16.05.255; AS 16.05.315

5 AAC 96.920 Supplemental action {#sec-5-aac-96.920 omnilex-key=us-ak-regs-official--title-5--5 AAC 96.920}

Repealed 10/9/83.

Chapter 97 Advisory Committee Closures

Article 1 Areas of Jurisdiction

5 AAC 97.005 Areas of jurisdiction for advisory committees {#sec-5-aac-97.005 omnilex-key=us-ak-regs-official--title-5--5 AAC 97.005}

For the purpose of emergency closures on taking fish and game during established seasons, the following areas of jurisdiction are established for the advisory committees specified in this section:

(1) finfish

(A) Southeastern Alaska Area

(i) all waters of Alaska between the latitude of Cape Fairweather and the International Boundary at Dixon Entrance;

(ii) fish and game advisory committees with concurrent jurisdiction are Ketchikan Advisory Committee, Craig Advisory Committee, Klawock Advisory Committee, Angoon Advisory Committee, Tenakee Advisory Committee, Hyder Advisory Committee, Sumner Strait Advisory Committee, Edna Bay Advisory Committee, Sitka Advisory Committee, Juneau-Douglas Advisory Committee, Upper Lynn Canal Advisory Committee, Klukwan Advisory Committee, Pelican Advisory Committee, Kake Advisory Committee, Wrangell Advisory Committee, Petersburg Advisory Committee, Hydaburg Advisory Committee, Icy Straits Advisory Committee, Saxman Advisory Committee, Elfin Cove Advisory Committee, Port Alexander Advisory Committee, and East Prince of Wales Advisory Committee;

(B) Yakutat-Yakataga Area

(i) all waters of Alaska north of the latitude of Cape Fairweather and east of the longitude of Cape Suckling;

(ii) fish and game advisory committees with concurrent jurisdiction are Yakutat Advisory Committee and Copper River-Prince William Sound Advisory Committee;

(i) all waters of Alaska west of the longitude of Cape Suckling and east of the longitude of Cape Fairfield, and the Copper River below the Million Dollar Bridge;

(ii) fish and game advisory committees with concurrent jurisdiction are Copper River/Prince William Sound Advisory Committee, Copper Basin Advisory Committee, Prince William Sound/Valdez Advisory Committee, and Whittier Advisory Committee;

(D) Upper Copper River Area

(i) all waters of the Copper River drainage above the Million Dollar Bridge;

(ii) fish and game advisory committees with concurrent jurisdiction are Copper Basin Advisory Committee, Tok Cutoff-Nebesna Road Advisory Committee, and Paxson Advisory Committee;

(E) Cook Inlet-Resurrection Bay Area

(i) all waters of Alaska north of the latitude of Cape Douglas and west of the longitude of Cape Fairfield;

(ii) fish and game advisory committees with concurrent jurisdiction are Seward Advisory Committee, Cooper Landing Advisory Committee, Kenai/Soldotna Advisory Committee, Mt. Yenlo Advisory Committee, Homer Advisory Committee, Anchorage Advisory Committee, Matanuska Valley Advisory Committee, Central Peninsula Advisory Committee, Seldovia Advisory Committee, Denali Advisory Committee, Tyonek Advisory Committee, and Susitna Valley Advisory Committee;

(F) Kodiak-Chignik Area

(i) all waters of Alaska south of the latitude of Cape Douglas and east of a line extending southeast from Kupreanof Point;

(ii) fish and game advisory committees with concurrent jurisdiction are Kodiak Advisory Committee and Chignik Advisory Committee;

(G) Alaska Peninsula-Aleutian Islands Area

(i) all Pacific Ocean waters of Alaska west of a line extending southeast from Kupreanof Point and Bering Sea waters south and west of a line extending northwest from Cape Menshikof;

(ii) fish and game advisory committees with concurrent jurisdiction are Sand Point Advisory Committee, King Cove Advisory Committee, False Pass Advisory Committee, Nelson Lagoon Advisory Committee and Unalaska Advisory Committee;

(H) Bristol Bay Area

(i) all waters of Alaska east of a line from Cape Newenham to Cape Menshikof;

(ii) fish and game advisory committees with concurrent jurisdiction are Iliamna Advisory Committee, Lower Bristol Bay Advisory Committee, Nushagak Advisory Committee, Naknek/Kvichak Advisory Committee, and Togiak Advisory Committee;

(I) Kuskokwim Area

(i) all waters of the Kuskokwim River drainage and all waters of Alaska south of the latitude of Cape Romanzof, north of the latitude of Cape Newenham and including Nunivak and St. Matthew Island waters;

(ii) fish and game advisory committees with concurrent jurisdiction are Lower Kuskokwim Advisory Committee, Central Kuskokwim Advisory Committee, Bethel Advisory Committee, Central Bering Sea Advisory Committee, McGrath Advisory Committee, and Stony/Holitna Advisory Committee;

(J) Lower Yukon Area

(i) all waters of the Yukon River drainage below the mouth of the Bonasila River and waters of Alaska between the latitude of Canal Point Light and the latitude of Cape Romanzof;

(ii) fish and game advisory committees with concurrent jurisdiction are Coastal Lower Yukon Advisory Committee, Mid-Lower Yukon Advisory Committee, Grayling/Anvik/ Shageluk/Holy Cross Advisory Committee, Central Bering Sea Advisory Committee, and Stony/Holitna Advisory Committee;

(K) Upper Yukon River Area

(i) all waters of the Yukon River drainage from the mouth of the Bonasila River to the U.S.-Canada border, excluding the Tanana River drainage;

(ii) fish and game advisory committees with concurrent jurisdiction are Yukon Flats Advisory Committee, Tanana/Rampart/Manley Advisory Committee, Middle Yukon Advisory Committee, Eagle Advisory Committee, Ruby Advisory Committee, Coastal Lower Yukon Advisory Committee, Mid-Lower Yukon Advisory Committee, Grayling/Anvik/Shageluk/Holy Cross Advisory Committee, Minto/Nenana Advisory Committee, Koyukuk River Advisory Committee, Central Advisory Committee, and Stony/Holitna Advisory Committee;

(L) Tanana River Area

(i) all waters of the Tanana River drainage;

(ii) fish and game advisory committees with concurrent jurisdiction are Tanana/Rampart/Manley Advisory Committee, Minto/Nenana Advisory Committee, Delta Advisory Committee, Middle Nenana River Advisory Committee, Tok Cutoff/Nebesna Road Advisory Committee, Upper Tanana/Fortymile Advisory Committee, and Fairbanks Advisory Committee;

(M) Norton Sound-Port Clarence Area

(i) all waters of Alaska between the latitude of Cape Prince of Wales and the latitude of Canal Point Light;

(ii) fish and game advisory committees with concurrent jurisdiction are Northern Norton Sound Advisory Committee and Southern Norton Sound Advisory Committee;

(N) Kotzebue Sound Area

(i) all waters of Alaska between the latitude of Point Hope and the latitude of Cape Prince of Wales;

(ii) fish and game advisory committees with concurrent jurisdiction are Kotzebue Sound Advisory Committee, Upper Kobuk Advisory Committee, Lower Kobuk Advisory Committee, Northern Seward Peninsula Advisory Committee, and Noatak/Kivalina Advisory Committee;

(2) shellfish

(A) Southeastern Alaska-Yakutat Area

(i) all waters subject to the jurisdiction of the state between the longitude of Cape Suckling and the International Boundary at Dixon Entrance;

(ii) fish and game advisory committees with concurrent jurisdiction are Angoon Advisory Committee, Ketchikan Advisory Committee, Craig Advisory Committee, Klawock Advisory Committee, Tenakee Advisory Committee, Hyder Advisory Committee, Sitka Advisory Committee, Juneau-Douglas Advisory Committee, Kake Advisory Committee, Upper Lynn Canal Advisory Committee, Klukwan Advisory Committee, Edna Bay Advisory Committee, Wrangell Advisory Committee, Petersburg Advisory Committee, Pelican Advisory Committee, Sumner Strait Advisory Committee, Yakutat Advisory Committee, Hydaburg Advisory Committee, Elfin Cove Advisory Committee, Saxman Advisory Committee, Icy Straits Advisory Committee, Port Alexander Advisory Committee, and East Prince of Wales Advisory Committee;

(B) Prince William Sound Area

(i) all waters subject to the jurisdiction of the state between the longitude of Cape Suckling and the longitude of Cape Fairfield;

(ii) fish and game advisory committees with concurrent jurisdiction are Copper River/Prince William Sound Advisory Committee, Prince William Sound/Valdez Advisory Committee, Seward Advisory Committee, and Whittier Advisory Committee;

(i) all waters subject to the jurisdiction of the state west of the longitude of Cape Fairfield and north of the latitude of Cape Douglas;

(ii) fish and game advisory committees with concurrent jurisdiction are Seward Advisory Committee, Cooper Landing Advisory Committee, Seldovia Advisory Committee, Homer Advisory Committee, Tyonek Advisory Committee, and Central Peninsula Advisory Committee;

(D) westward area shellfish other than king crab

(i) all Pacific Ocean waters subject to the jurisdiction of the state south of the latitude of Cape Douglas, east of 172° E. longitude and Bering Sea waters east of 172° E. longitude;

(ii) fish and game advisory committees with concurrent jurisdiction are Kodiak Advisory Committee, Chignik Advisory Committee, Sand Point Advisory Committee, King Cove Advisory Committee, False Pass Advisory Committee, and Unalaska Advisory Committee;

(E) westward area king crab

(i) in king crab Registration Area K described in 5 AAC 34.400, the Kodiak Advisory Committee has jurisdiction;

(ii) in king crab Registration Area M described in 5 AAC 34.500, the Chignik Advisory Committee, Sand Point Advisory Committee, King Cove Advisory Committee, and False Pass Advisory Committee have concurrent jurisdiction;

(iii) in king crab Registration Area O described in 5 AAC 34.600, the Unalaska Advisory Committee, Sand Point Advisory Committee, King Cove Advisory Committee, and False Pass Advisory Committee have concurrent jurisdiction;

(iv) in king crab Registration Area Q described in 5 AAC 34.900, the Kodiak Advisory Committee, Chignik Advisory Committee, Sand Point Advisory Committee, King Cove Advisory Committee, False Pass Advisory Committee, Unalaska Advisory Committee, Kotzebue Sound Advisory Committee, Southern Norton Sound Advisory Committee, and Northern Norton Sound Advisory Committee have concurrent jurisdiction;

(3) game

(A) Southeastern Alaska

(i) in Game Management Unit 1(A) described in 5 AAC 92.450(1)(A), the Ketchikan Advisory Committee, Hyder Advisory Committee, Craig Advisory Committee, Klawock Advisory Committee, Saxman Advisory Committee, Hydaburg Advisory Committee, and East Prince of Wales Advisory Committee have concurrent jurisdiction;

(ii) in Game Management Unit 1(B) described in 5 AAC 92.450(1)(B), the Wrangell Advisory Committee, Petersburg Advisory Committee, Sumner Strait Advisory Committee, Kake Advisory Committee, and East Prince of Wales Advisory Committee have concurrent jurisdiction;

(iii) in Game Management Unit 1(C) described in 5 AAC 92.450(1)(C), the Juneau-Douglas Advisory Committee, Upper Lynn Canal Advisory Committee, Klukwan Advisory Committee, Angoon Advisory Committee, Petersburg Advisory Committee, Wrangell Advisory Committee, Tenakee Advisory Committee, Kake Advisory Committee, Sitka Advisory Committee, and East Prince of Wales Advisory Committee have concurrent jurisdiction;

(iv) in Game Management Unit 1(D) described in 5 AAC 92.450(1)(D), the Upper Lynn Canal Advisory Committee, Klukwan Advisory Committee, and Juneau-Douglas Advisory Committee have concurrent jurisdiction;

(v) in Game Management Unit 2 described in 5 AAC 92.450(2), the Craig Advisory Committee, Klawock Advisory Committee, Sumner Strait Advisory Committee, Hyder Advisory Committee, Ketchikan Advisory Committee, Edna Bay Advisory Committee, Wrangell Advisory Committee, Petersburg Advisory Committee, Kake Advisory Committee, Saxman Advisory Committee, Hydaburg Advisory Committee, and East Prince of Wales Advisory Committee have concurrent jurisdiction;

(vi) in Game Management Unit 3 described in 5 AAC 92.450(3), the Petersburg Advisory Committee, Wrangell Advisory Committee, Kake Advisory Committee, Sumner Strait Advisory Committee, Edna Bay Advisory Committee, Sitka Advisory Committee, and East Prince of Wales Advisory Committee have concurrent jurisdiction;

(vii) in Game Management Unit 4 described in 5 AAC 92.450(4), the Sitka Advisory Committee, Juneau-Douglas Advisory Committee, Petersburg Advisory Committee, Pelican Advisory Committee, Wrangell Advisory Committee, Kake Advisory Committee, Angoon Advisory Committee, Tenakee Advisory Committee, Edna Bay Advisory Committee, Klukwan Advisory Committee, Upper Lynn Canal Advisory Committee, Icy Straits Advisory Committee, Elfin Cove Advisory Committee, East Prince of Wales Advisory Committee, and Port Alexander Advisory Committee have concurrent jurisdiction;

(viii) in Game Management Unit 5 as defined by 5 AAC 92.450(5), the Yakutat Advisory Committee, Gastineau Channel (Juneau-Douglas) Advisory Committee, and Copper River/Prince William Sound Advisory Committee have concurrent jurisdiction;

(B) Southcentral Alaska

(i) in Game Management Unit 6 described in 5 AAC 92.450(6), the Seward Advisory Committee, Copper River/Prince William Sound Advisory Committee, Prince William Sound/Valdez Advisory Committee, Copper Basin Advisory Committee, Yakutat Advisory Committee, Whittier Advisory Committee, and Anchorage Advisory Committee have concurrent jurisdiction;

(ii) in Game Management Unit 7 described in 5 AAC 92.450(7), the Seward Advisory Committee, Anchorage Advisory Committee, Kenai/Soldotna Advisory Committee, Central Peninsula Advisory Committee, Homer Advisory Committee, Whittier Advisory Committee, and Cooper Landing Advisory Committee have concurrent jurisdiction;

(iii) in Game Management Unit 8 described in 5 AAC 92.450(8), the Kodiak Advisory Committee and the Anchorage Advisory Committee shall have concurrent jurisdiction;

(iv) in Game Management Unit 11 described in 5 AAC 92.450(11), the Copper Basin Advisory Committee, the Tok Cutoff/Nebesna Road Advisory Committee, the Paxson Advisory Committee, and the Anchorage Advisory Committee shall have concurrent jurisdiction;

(v) in Game Management Unit 12 described in 5 AAC 92.450(12), the Tok Cutoff/Nebesna Road Advisory Committee, Fairbanks Advisory Committee, Delta Advisory Committee, Paxson Advisory Committee, and Upper Tanana/Fortymile Advisory Committee have concurrent jurisdiction;

(vi) in Game Management Unit 13 described in 5 AAC 92.450(13), the Paxson Advisory Committee, Copper Basin Advisory Committee, Middle Nenana River Advisory Committee, Tok Cutoff/Nebesna Road Advisory Committee, Denali Advisory Committee, Anchorage Advisory Committee, Matanuska Valley Advisory Committee, Copper River/Prince William Sound Advisory Committee, and Susitna Valley Advisory Committee have concurrent jurisdiction;

(vii) in Game Management Unit 14 described in 5 AAC 92.450(14), the Mt. Yenlo Advisory Committee, Matanuska Valley Advisory Committee, Anchorage Advisory Committee, Whittier Advisory Committee, Denali Advisory Committee, and Susitna Valley Advisory Committee have concurrent jurisdiction;

(viii) in Game Management Unit 15 described in 5 AAC 92.450(15), the Central Peninsula Advisory Committee, Kenai/Soldotna Advisory Committee, Cooper Landing Advisory Committee, Homer Advisory Committee, Seldovia Advisory Committee, Seward Advisory Committee, and Anchorage Advisory Committee have concurrent jurisdiction;

(ix) in Game Management Unit 16 described in 5 AAC 92.450(16), the Central Peninsula Advisory Committee, Anchorage Advisory Committee, Mt. Yenlo Advisory Committee, Matanuska Valley Advisory Committee, Denali Advisory Committee, Cooper Landing Advisory Committee, Tyonek Advisory Committee, Kenai/Soldotna Advisory Committee, and Susitna Valley Advisory Committee have concurrent jurisdiction;

(i) in Game Management Unit 9 as defined by 5 AAC 92.450(9), the Naknek/Kvichak Advisory Committee, Iliamna Advisory Committee, Nelson Lagoon Advisory Committee, Chignik Advisory Committee, Kodiak Advisory Committee, Sand Point Advisory Committee, King Cove Advisory Committee, False Pass Advisory Committee, Anchorage Advisory Committee, and Lower Bristol Bay Advisory Committee have concurrent jurisdiction;

(ii) in Game Management Unit 10 as defined by 5 AAC 92.450(10), the False Pass Advisory Committee and the Unalaska Advisory Committee shall have concurrent jurisdiction;

(iii) in Game Management Unit 17 as defined by 5 AAC 92.450(17), the Nushagak Advisory Committee, the Naknek/Kvichak Advisory Committee, Iliamna Advisory Committee, and Togiak Advisory Committee have concurrent jurisdiction;

(iv) in Game Management Unit 18 as defined by 5 AAC 92.450(18), the Central Bering Advisory Committee, Lower Kuskokwim Advisory Committee, Bethel Advisory Committee, Coastal Lower Yukon Advisory Committee, Mid-Lower Yukon Advisory Committee, Central Kuskokwim Advisory Committee, and Stony/Holitna Advisory Committee have concurrent jurisdiction;

(D) Northern Alaska

(i) in Game Management Unit 19 described in 5 AAC 92.450(19), the McGrath Advisory Committee, Central Kuskokwim Advisory Committee, Lower Kuskokwim Advisory Committee, Bethel Advisory Committee, Lake Minchumina Advisory Committee, Anchorage Advisory Committee and Stony/Holitna Advisory Committee have concurrent jurisdiction;

(ii) in Game Management Unit 20 described in 5 AAC 92.450(20), the Central Advisory Committee, Fairbanks Advisory Committee, Middle Nenana River Advisory Committee, Paxson Advisory Committee, Tok Cutoff/Nabesna Road Advisory Committee, Eagle Advisory Committee, Denali Advisory Committee, Delta Advisory Committee, Yukon Flats Advisory Committee, Lake Minchumina Advisory Committee, Tanana/Rampart/Manley Advisory Committee, Minto/Nenana Advisory Committee, and Upper Tanana/Fortymile Advisory Committee have concurrent jurisdiction;

(iii) in Game Management Unit 21 described in 5 AAC 92.450(21)(D), the Ruby Advisory Committee, Middle Nenana River Advisory Committee, Central Kuskokwim Advisory Committee, Mid-Lower Yukon Advisory Committee, Coastal Lower Yukon Advisory Committee, Middle Yukon Advisory Committee, Koyukuk Advisory Committee, Grayling/Anvik/Shageluk/Holy Cross Advisory Committee, Fairbanks Advisory Committee, Lake Minchumina Advisory Committee, Tanana/Rampart/Manley Advisory Committee, and Stony/Holitna Advisory Committee have concurrent jurisdiction;

(iv) in Game Management Unit 22 described in 5 AAC 92.450(22), the Northern Norton Sound Advisory Committee, Kotzebue Sound Advisory Committee, Northern Seward Peninsula Advisory Committee, Southern Norton Sound Advisory Committee, and St. Lawrence Island Advisory Committee have concurrent jurisdiction;

(v) in Game Management Unit 23 described in 5 AAC 92.450(23), the Kotzebue Sound Advisory Committee, Northern Norton Sound Advisory Committee, Northern Seward Peninsula Advisory Committee, Upper Kobuk Advisory Committee, Lower Kobuk Advisory Committee, and Kivalina-Noatak Advisory Committee have concurrent jurisdiction;

(vi) in Game Management Unit 24 described in 5 AAC 92.450(24), the Koyukuk Advisory Committee, Ruby Advisory Committee, Tanana/Rampart/Manley Advisory Committee, Middle Yukon Advisory Committee, and Fairbanks Advisory Committee have concurrent jurisdiction;

(vii) in Game Management Unit 25 described in 5 AAC 92.450(25), the Central Advisory Committee, Yukon Flats Advisory Committee, Tanana/Rampart/Manley Advisory Committee, Minto/Nenana Advisory Committee, Eagle Advisory Committee, and Fairbanks Advisory Committee have concurrent jurisdiction;

(viii) in Game Management Unit 26 described in 5 AAC 92.450(26), the North Slope Advisory Committee and Fairbanks Advisory Committee have concurrent jurisdiction.

History

Authority: AS 16.05.260

Article 2 Emergency Closures

5 AAC 97.010 Advisory committee emergency closures {#sec-5-aac-97.010 omnilex-key=us-ak-regs-official--title-5--5 AAC 97.010}

(a) After delegation of authority from the commissioner, a committee may initiate an emergency closure during an established season for the taking of fish or game within its area of jurisdiction described in 5 AAC 97.005, under the procedures in this section. No committee may initiate an emergency opening.

(b) After initiation of an emergency closure by a committee, a majority of the members of a majority of the active committees in the affected area of jurisdiction described in 5 AAC 97.005 must, by affirmative vote, ratify the action. For the purpose of this section, "active committees" are those committees that have met in a regular or special meeting within the last three years. A committee member may not vote by proxy or delegation. An emergency closure initiated by a committee is not effective until reviewed by the commissioner under (c) and (d) of this section and until field announcement is made under (f) of this section.

(c) An emergency closure initiated by a committee must be based on sound conservation reasoning and the sustained-yield principle. An emergency closure initiated by a committee must be necessary for the immediate protection of a stock, species, or population, and may not be initiated for the purpose of achieving primarily social, economic, or other nonbiological goals. The commissioner or his authorized representative shall review the emergency closure initiated by a local advisory committee to ensure compliance with these standards.

(d) At least 48 hours before an emergency closure is to become effective, the chair of a committee voting to initiate an emergency closure must

(1) notify the commissioner by electronic communication, telephone, or in writing, of

(A) the decision to initiate the emergency closure;

(B) the time, area, and species involved;

(D) the vote of each committee regarding the closure; and

(2) deliver to the department office nearest the affected area a signed affidavit identifying the roll call vote of the committee, and a written emergency order, following the format specified in the Advisory Committee Emergency Order Manual printed by the department, stating the findings of fact made by the committee to justify the closure, and specifying the evidence relied upon by the committee.

(e) Upon receipt of the documents specified in (d)(2) of this section, the commissioner shall make a reasonable effort to contact the chair of other committees of the appropriate council, so that the committee can vote for or against ratifying the closure. The commissioner shall notify the chair or vice-chair of the appropriate board, of a committee's emergency closure action. The commissioner shall provide the appropriate board with a copy of all written material pertinent to the emergency closure.

(f) The commissioner shall take appropriate action to make field announcement of the emergency closure within 48 hours after receipt of the documents specified in (d)(2) of this section, if the commissioner finds that the closure meets the standards of (b), (c), and (d) of this section. An emergency closure becomes effective after formal field announcement by the commissioner or his authorized representative.

(g) An emergency closure adopted by a committee under this section expires 120 days after its effective date or when superseded by regulation.

History

Authority: AS 16.05.260

5 AAC 97.015 Authority of the boards over emergency closures {#sec-5-aac-97.015 omnilex-key=us-ak-regs-official--title-5--5 AAC 97.015}

Repealed 10/9/83.

5 AAC 97.020 Notice to the public of emergency closures {#sec-5-aac-97.020 omnilex-key=us-ak-regs-official--title-5--5 AAC 97.020}

Repealed 10/9/83.

Chapter 98 Areas of Jurisdiction for Antlerless Moose Seasons

Article 1 Areas of Jurisdiction

5 AAC 98.005 Areas of jurisdiction for antlerless moose seasons {#sec-5-aac-98.005 omnilex-key=us-ak-regs-official--title-5--5 AAC 98.005}

For the purpose of implementing AS 16.05.780, antlerless moose seasons require approval by a majority of the active local advisory committees for the affected game management unit or subunit. For the purpose of this section, an "active local advisory committee" is a committee that holds a meeting and acts on the proposal. The following advisory committees. as established in 5 AAC 96.021, have jurisdiction over antlerless moose hunts in the units and subunits specified in this section:

(1) in the Southeast Alaska Region:

(A) Unit I: Hyder, Icy Straits, Juneau - Douglas, Ketchikan, Klukwan, Saxman, Upper Lynn Canal

(i) committees with represented communities in subunit 1(A): Hyder, Ketchikan, Saxman;

(ii) committees with represented communities in subunit 1(B): none;

(iii) committees with represented communities in subunit 1(C): Icy Straits, Juneau - Douglas;

(iv) committees with represented communities in subunit 1(D): Klukwan, Upper Lynn Canal;

(B) Unit 3: Kake, Petersburg, Wrangell;

(i) committees with represented communities in subunit 5(A): Yakutat;

(ii) committees with represented communities in subunit 5(B): none;

(2) in the Southcentral Alaska Region:

(A) Unit 6: Copper River/Prince William Sound, Prince William Sound/Valdez, Whittier

(i) committees with represented communities in subunit 6(A): none;

(ii) committees with represented communities in subunit 6(B): none;

(iii) committees with represented communities in subunit 6(C): Copper River/Prince William Sound;

(iv) committees with represented communities in subunit 6(D): Prince William Sound/Valdez, Whittier;

(B) Unit 7: Cooper Landing, Seward;

(D) Unit 13: Copper Basin, Denali, Paxson, Tok Cutoff/Nabesna Road

(i) committees with represented communities in subunit 13(A): Copper Basin;

(ii) committees with represented communities in subunit 13(B): Paxson;

(iii) committees with represented communities in subunit 13(C): Copper Basin, Tok Cutoff - Nabesna Road;

(iv) committees with represented communities in subunit 13(D): Copper Basin;

(v) committees with represented communities in subunit 13(E): Denali;

(E) Unit 14: Anchorage, Matanuska Valley, Susitna Valley

(i) committees with represented communities in subunit 14(A): Matanuska Valley, Susitna Valley;

(ii) committees with represented communities in subunit 14(B): Susitna Valley;

(iii) committees with represented communities in subunit 14(C): Anchorage;

(F) Unit 15: Central Peninsula, Homer, Kenai/Soldotna, Seldovia

(i) committees with represented communities in subunit 15(A): Kenai/Soldotna;

(ii) committees with represented communities in subunit 15(B): none;

(iii) committees with represented communities in subunit 15(C): Central Peninsula, Homer, Seldovia;

(G) Unit 16: Mt. Yenlo, Susitna Valley, Tyonek

(i) committees with represented communities in subunit 16(A): Susitna Valley;

(ii) committees with represented communities in subunit 16(B): Mt. Yenlo, Tyonek;

(3) in the Southwest Alaska Region:

(A) Unit 9: Chignik, False Pass, King Cove, Lake Iliamna, Lower Bristol Bay, Naknek/Kvichak, Nelson Lagoon, Sand Point

(i) committees with represented communities in subunit 9(A): none;

(ii) committees with represented communities in subunit 9(B): Lake Iliamna;

(iii) committees with represented communities in subunit 9(C): Naknek/Kvichak;

(iv) committees with represented communities in subunit 9(D): False Pass, King Cove, Nelson Lagoon, Sand Point;

(v) committees with represented communities subunit 9(E): Chignik, Lower Bristol Bay;

(B) Unit 17: Nushagak, Togiak

(i) committees with represented communities in subunit 17(A): Nushagak and Togiak;

(ii) committees with represented communities in subunit 17(B): Nushagak;

(iii) committees with represented communities in subunit 17(C): Nushagak and Togiak;

(4) in the Western Alaska Region:

(A) Unit 18: Bethel, Central Bering Sea, Coastal Lower Yukon, Lower Kuskokwim, Mid - Lower Yukon;

(B) Unit 19: Central Kuskokwim

(i) committees with represented communities in subunit 19(A): Central Kuskokwim;

(ii) committees with represented communities in subunit 19(B): none;

(iii) committees with represented communities in subunit 19(C): none;

(iv) committees with represented communities in subunit 19(D): none;

(v) committees with represented communities in subunit 19(E): none;

(5) in the Arctic Alaska Region:

(A) Unit 22: Northern Norton Sound, St. Lawrence Island, Southern Norton Sound

(i) committees with represented communities in subunit 22(A): Southern Norton Sound;

(ii) committees with represented communities in subunit 22(B): Northern Notion Sound, Southern Norton Sound;

(iii) committees with represented communities in subunit 22(C): Northern Notion Sound;

(iv) committees with represented communities in subunit 22(D): Northern Norton Sound, St. Lawrence Island;

(v) committees with represented communities in subunit 22(E): Northern Norton Sound;

(B) Unit 23: Lower Kobuk, Noatak/Kivalina, Northern Seward Peninsula, Kotzebue Sound, Upper Kobuk;

(i) committees with represented communities in subunit 26(A): North Slope;

(ii) committees with represented communities in subunit 26(B): North Slope;

(iii) committees with represented communities in subunit 26(C): North Slope;

(6) in the Interior Alaska Region:

(A) Unit 12: Upper Tanana/Fortymile;

(B) Unit 19: McGrath, Stony/Holitna

(i) committees with represented communities in subunit 19(A): none;

(ii) committees with represented communities in subunit 19(B): none;

(iii) committees with represented communities in subunit 19(C): none;

(iv) committees with represented communities in subunit 19(D): McGrath;

(v) committees with represented communities in subunit 19(E): Stony/Holitna;

(C) Unit 20: Delta, Eagle, Fairbanks, Lake Minchumina, Middle Nenana River, Minto/Nenana, Tanana/Rampart/Manley, Upper Tanana/Fortymile

(i) committees with represented communities in subunit 20(A): Middle Nenana River, Minto/Nenana;

(ii) committees with represented communities in subunit 20(B): Fairbanks, Minto/Nenana, Tanana/Rampart/Manley;

(iii) committees with represented communities in subunit 20(C): Lake Minchumina, Middle Nenana River;

(iv) committees with represented communities in subunit 20(D): Delta, Upper Tanana/Fortymile;

(v) committees with represented communities in subunit 20(E): Eagle;

(vi) committees with represented communities in subunit 20(F): Tanana/Rampart/Manley;

(D) Unit 21: Grayling/Anvik/Shageluk/Holy Cross (G.A.S.H.), Middle Yukon, Ruby

(i) committees with represented communities in subunit 21(A): none;

(ii) committees with represented communities in subunit 21(B): none;

(iii) committees with represented communities in subunit 21(C): none;

(iv) committees with represented communities in subunit 21(D): Middle Yukon, Ruby;

(v) committees with represented communities in subunit 21(E): Grayling/Anvik/Shageluk/Holy Cross (G.A.S.H.);

(E) Unit 24: Koyukuk

(i) committees with represented communities in subunit 24(A): none;

(ii) committees with represented communities in subunit 24(B): Koyukuk;

(iii) committees with represented communities in subunit 24(C): Koyukuk;

(iv) committees with represented communities in subunit 24(D): Koyukuk;

(F) Unit 25: Central, Yukon Flats

(i) committees with represented communities in subunit 25(A): Yukon Flats;

(ii) committees with represented communities in subunit 25(B): none;

(iii) committees with represented communities in subunit 25(C): Central;

(iv) committees with represented communities in subunit 25(D): Yukon Flats.

History

Authority: AS 16.05.260; AS 16.05.780

Part 7 Subsistence Hunting, Fishing, and Trapping

Chapter 99 Subsistence Uses

5 AAC 99.005 Boards of Fisheries subsistence finding standards {#sec-5-aac-99.005 omnilex-key=us-ak-regs-official--title-5--5 AAC 99.005}

In the identification by the Board of Fisheries of fish stocks or portions of fish stocks that are customarily and traditionally taken or used by residents of this state for subsistence uses under 5 AAC 99.010(b), "subsistence way of life" means a way of life that is based on consistent, long-term reliance upon fish and game resources for the basic necessities of life.

History

Authority: AS 16.05.251; AS 16.05.258
Eff. 6/10/2010, Register 194

5 AAC 99.010 Boards of fisheries and game subsistence procedures {#sec-5-aac-99.010 omnilex-key=us-ak-regs-official--title-5--5 AAC 99.010}

(a) In applying a subsistence law, the Board of Fisheries and the Board of Game will provide for conservation and development of Alaska's fish and game resources according to sustained yield principles.

(b) Each board will identify fish stocks or game populations, or portions of stocks or populations, that are customarily and traditionally taken or used by Alaska residents for subsistence uses by considering the following criteria:

(1) a long-term consistent pattern of noncommercial taking, use, and reliance on the fish stock or game population that has been established over a reasonable period of time of not less than one generation, excluding interruption by circumstances beyond the user's control, such as unavailability of the fish or game caused by migratory patterns;

(2) a pattern of taking or use recurring in specific seasons of each year;

(3) a pattern of taking or use consisting of methods and means of harvest that are characterized by efficiency and economy of effort and cost;

(4) the area in which the noncommercial, long-term, and consistent pattern of taking, use, and reliance upon the fish stock or game population has been established;

(5) a means of handling, preparing, preserving, and storing fish or game that has been traditionally used by past generations, but not excluding recent technological advances where appropriate;

(6) a pattern of taking or use that includes the handing down of knowledge of fishing or hunting skills, values, and lore from generation to generation;

(7) a pattern of taking, use, and reliance where the harvest effort or products of that harvest are distributed or shared, including customary trade, barter, and gift-giving; and

(8) a pattern that includes taking, use, and reliance for subsistence purposes upon a wide diversity of fish and game resources and that provides substantial economic, cultural, social, and nutritional elements of the subsistence way of life.

(c) When circumstances such as increased numbers of users, weather, predation, or loss of habitat may jeopardize the sustained yield of a fish stock or game population, each board will exercise all practical options for restricting nonsubsistence harvest of the stock or population and may address other limiting factors before subsistence uses are restricted below the level the board has determined to provide a reasonable opportunity. If all available restrictions for nonsubsistence harvests have been implemented and further restrictions are needed, the board will eliminate nonsubsistence consumptive uses, and reduce the take for subsistence uses in a series of graduated steps under AS 16.05.258(b)(4)(B) - the "Tier II" distinction - by distinguishing among subsistence users through limitations based on

(1) the customary and direct dependence on the fish stock or game population by the subsistence user for human consumption as a mainstay of livelihood; and

(2) repealed 2/23/2014;

(3) the ability of the subsistence user to obtain food if subsistence use of the stock or population is restricted or eliminated.

History

Authority: AS 16.05.251; AS 16.05.255; AS 16.05.258
Eff. 5/30/82, Register 82; am 1/17/91, Register 117; am 5/15/93, Register 126; am 2/23/2014, Register 209

5 AAC 99.012 Rural criteria {#sec-5-aac-99.012 omnilex-key=us-ak-regs-official--title-5--5 AAC 99.012}

Repealed 1/17/91.

5 AAC 99.014 Joint board findings relating to rural and non-rural areas {#sec-5-aac-99.014 omnilex-key=us-ak-regs-official--title-5--5 AAC 99.014}

Repealed 1/17/91.

5 AAC 99.015 Joint Board nonsubsistence areas {#sec-5-aac-99.015 omnilex-key=us-ak-regs-official--title-5--5 AAC 99.015}

(a) The following areas are found by the Joint Board of Fisheries and Game to be nonsubsistence use areas:

(1) The Ketchikan Nonsubsistence Area is comprised of the following: within Unit 1(A), as defined in 5 AAC 92.450(1)(A), all drainages of the Cleveland Peninsula between Niblack Point and Bluff Point, Revillagigedo, Gravina, Pennock, Smeaton, Bold, Betton, and Hassler Islands; all marine waters of Sections 1-C, as defined by 5 AAC 33.200(a)(3), 1-D, as defined by 5 AAC 33.200(a)(4), 1-E, as defined by 5 AAC 33.200(a)(5), that portion of Section 1-F, as defined by 5 AAC 33.200(a)(6), north of the latitude of the southernmost tip of Mary Island and within one mile of the mainland and the Gravina and Revillagigedo Island shorelines; and that portion of District 2, as defined by 5 AAC 33.200(b), within one mile of the Cleveland Peninsula shoreline and east of the longitude of Niblack Point.

(2) The Juneau Nonsubsistence Area is comprised of the following: within Unit 1(C), as defined by 5 AAC 92.450(1)(C), all drainages on the mainland east of Lynn Canal and Stephens Passage from the latitude of Eldred Rock to Point Coke, and on Lincoln, Shelter, and Douglas islands; within Unit 4, as defined by 5 AAC 92.450(4), that portion of Admiralty Island that includes the Glass Peninsula, all drainages into Seymour Canal north of and including Pleasant Bay, all drainages into Stephens Passage west of Point Arden, the Mansfield Peninsula, all drainages into Chatham Strait north of Point Marsden; all marine waters of Sections 11-A and 11-B, as defined in 5 AAC 33.200(k)(1) and (k)(2), Section 12-B, as defined in 5 AAC 33.200( l)(2), and that portion of Section 12-A, as defined in 5 AAC 33.200( l)(1), north of the latitude of Point Marsden and that portion of District 15, as defined in 5 AAC 33.200( o), south of the latitude of the northern entrance to Berners Bay, and including Berners Bay.

(3) The Anchorage-Matsu-Kenai Nonsubsistence Area is comprised of the following: Units 7, as defined by 5 AAC 92.450(7) (except the Kenai Fjords National Park lands), 14, as defined by 5 AAC 92.450(14), 15, as defined by 5 AAC 92.450(15) (except Kalgin Island and that portion south and west of a line beginning at the mouth of Rocky River up the Rocky and Windy Rivers across the Windy River/Jakolof Creek divide and down Jakolof Creek to its mouth, including the islands between the eastern most point of Jakolof Bay and the eastern most point of Rocky Bay), 16(A), as defined by 5 AAC 92.450(16)(A); all waters of Alaska in the Cook Inlet Area, as defined by 5 AAC 21.100 (except those waters north of Point Bede which are west of a line from the eastern most point of Jakolof Bay north to the western most point of Hesketh Island including Jakolof Bay and south of a line west from Hesketh Island; the waters south of Point Bede which are west of the eastern most point of Rocky Bay; and those waters described in 5 AAC 01.555(b), known as the Tyonek subdistrict).

(4) The Fairbanks Nonsubsistence Area is comprised of the following: within Unit 20(A), as defined by 5 AAC 92.450(20)(A), east of the Wood River drainage and south of the Rex Trail but including the upper Wood River drainage south of its confluence with Chicken Creek; within Unit 20(B), as defined by 5 AAC 92.450(20)(B), the North Star Borough and that portion of the Washington Creek drainage east of the Elliot Highway; within Unit 20(D) as defined by 5 AAC 92.450(20)(D), west of the Tanana River between its confluence with the Johnson and Delta Rivers, west of the east bank of the Johnson River, and north and west of the Volkmar drainage, including the Goodpaster River drainage; and within Unit 25(C), as defined by 5 AAC 92.450(25)(C), the Preacher and Beaver Creek drainages.

(5) The Valdez Nonsubsistence Area is comprised of the following: within Unit 6(D), as defined by 5 AAC 92.450(6)(D), and all waters of Alaska in the Prince William Sound Area as defined by 5 AAC 24.100, within the March 1993 Valdez City limits.

(b) Repealed 2/23/2014.

History

Authority: AS 16.05.251; AS 16.05.255; AS 16.05.258
Eff. 5/15/93, Register 126; am 4/28/94, Register 130; am 2/23/2014, Register 209; am 7/1/2016, Register 218

5 AAC 99.016 Activities permitted in a nonsubsistence area {#sec-5-aac-99.016 omnilex-key=us-ak-regs-official--title-5--5 AAC 99.016}

(a) A nonsubsistence area is an area or community where dependence upon subsistence is not a principal characteristic of the economy, culture, and way of life of the area of community. In a nonsubsistence area, the following activities will be permitted if so provided by the appropriate board by regulation:

(1) general hunting, including drawing and registration permit hunts;

(2) personal use, sport, guided sport, commercial fishing, and other fishing authorized by permit.

(b) Subsistence hunting and subsistence fishing regulations will not be adopted by a board for a nonsubsistence area and the subsistence priority does not apply in a nonsubsistence area.

History

Authority: AS 16.05.251; AS 16.05.255; AS 16.05.258
Eff. 5/15/93, Register 126; am 2/23/2014, Register 209

5 AAC 99.020 Definitions {#sec-5-aac-99.020 omnilex-key=us-ak-regs-official--title-5--5 AAC 99.020}

Repealed 10/9/83.

5 AAC 99.021 Definitions {#sec-5-aac-99.021 omnilex-key=us-ak-regs-official--title-5--5 AAC 99.021}

In addition to the definitions in AS 16.05.940, in this chapter,

(1) "road-connected area" means the location of domiciles that are normally accessed by motorized highway vehicles operating on constructed roads that connect to the main highway system in the relevant area, including roads that can be negotiated during all portions of the year; in this paragraph, "normally accessed" means that it is reasonably feasible to transport persons, food, and other supplies to domiciles by motorized highway vehicles;

(2) "subsistence fishing" means the taking of, fishing for, or possession of fish, shellfish, or other fisheries resources by a resident of the state for subsistence uses with a gillnet, seine, fish wheel, longline, or other means defined by the Board of Fisheries;

(3) "subsistence hunting" means the taking of, hunting for, or possession of game by a resident of the state for subsistence uses by means defined by the Board of Game;

(4) "subsistence uses" means the noncommercial, customary and traditional uses of wild, renewable resources by a resident of the state for direct personal or family consumption as food, shelter, fuel, clothing, tools, or transportation, for the making and selling of handicraft articles out of nonedible by-products of fish and wildlife resources taken for personal or family consumption, and for the customary trade, barter, or sharing for personal or family consumption; in this paragraph, "family" means persons related by blood, marriage, or adoption, and a person living in the household on a permanent basis.

History

Authority: AS 16.05.258
Eff. 7/31/87, Register 103; am 2/23/2014, Register 209

5 AAC 99.025 Customary and traditional uses of game populations {#sec-5-aac-99.025 omnilex-key=us-ak-regs-official--title-5--5 AAC 99.025}

(a) The Board of Game has examined whether the game populations in the units set out in the following table, excluding those units or portions of those units within nonsubsistence areas established by the Joint Board of Fisheries and Game (5 AAC 99.015), are customarily and traditionally taken or used for subsistence and make the following findings:

SPECIES & UNIT

FINDING

AMOUNT REASONABLY

NECESSARY FOR

SUBSISTENCE USES

(1) Bison

Unit 11

negativeUnit 19(D)

negativeUnit 20(D)

negative (2) Black Bear

Unit 1(A), outside the Ketchikan

Nonsubsistence Area

positive5 - 10Unit 1(B)

positive2 - 5Unit 1(C), outside the Juneau

Nonsubsistence Area

positive50 - 70Unit 1(D)

positive10 - 20Unit 2

positive15 - 20Unit 3

positive15 - 20Unit 5

positive5 - 10Unit 6

positive80 - 120Unit 9, 9(A) and 9(B) onlypositiveUnit 12

positive40 - 60Units 11 and 13

positive20 - 50Unit 15(C), outside of the

Anchorage-Matsu-Kenai

Nonsubsistence Area

positive20 - 60Unit 16(B)

positive15 - 40Unit 17

negativeUnit 18

positiveUnit 19

positive30 - 50Unit 20, outside the

Fairbanks Nonsubsistence

area

positive20 - 30Unit 21

positiveUnit 24

positiveUnit 25

positive150 - 250 (3) Brown Bear

Unit 1(A), outside the

Ketchikan Nonsubsistence

Area

positive2 - 3Unit 1(B) and 3

positive1Unit 1(C), outside the

Juneau Nonsubsistence

Area

positive1Unit 1(D)

positive3 - 5Unit 4, outside the

Juneau Nonsubsistence

Area

positive5 - 10Unit 5

positive3 - 6Unit 6

negativeUnit 8

negativeUnits 9(A), 9(C), and 9(D)

negativeUnit 9(B)

positive10 - 20Unit 9(E)

positive10 - 15Unit 10

negativeUnit 11

negativeUnit 12

negativeUnit 13

negativeUnit 15(C)

negativeUnit 16(B)

negativeUnit 17(A) and Unit 17(B),

that portion draining into

the Nuyakuk and Tikchik

Lake

positive5Unit 17(B), that portion not

draining into the Nuyakuk

and Tikchik Lake, Unit 17(C),

Units 19(A) and 19(B) up-

stream of and excluding the

Aniak River drainage, and

Unit 19(D)

positive10 - 15Unit 18

positive20 - 30Units 19(A) and 19(B)

down-stream of and includ-

ing the Aniak River drainage

positive5Unit 19(C)

negativeUnit 19(D)

positive2 - 6Units 20(A) and 20(B),

outside the boundaries of

the Fairbanks Nonsubsistence

Use Area and Unit 20(C)

positive1 - 3Unit 20(D), outside

the boundaries of the

Fairbanks Nonsubsis-

tence Area

positive1 - 2Unit 20(E)

negativeUnits 21 and 22

positive20 - 25Units 23, 24, and 26

positive25 - 35Units 25(A), 25(B), 25(C)

negativeUnit 25(D)

positive (4) Caribou

Unit 8

negativeUnits 9(A), 9(B), 17, 18,

19(A) that portion south

of the Kuskokwim River,

and Unit 19(B) (Mulchatna

herd)

positive2,100 - 2,400Units 9(C) and 9(E) (North

Alaska Peninsula herd)

positive1,200 - 1,900Unit 9(D)

(South Alaska Peninsula herd)

positive100 - 150Unit 10 (Unimak Island herd)

positiveUnit 10 (Adak herd)

negativeUnit 11 (Mentasta herd)

positiveUnit 12 (Chisana herd)

negativeUnits 12 and 13 (Nelchina herd)

positive600 - 1,000Units 12, 20(D), 20(E), and

25(C), outside the Fairbanks

Nonsubsistence Area

(Fortymile herd)

positive350 - 400Units 16(B), 19(B), 19(C), and

19(D) (Big River herd, Rainy

Pass herd)

positive50 - 70Units 17(A) and 17(C)

(Nushagak Peninsula herd)

positiveUnit 18 (Kilbuck herd,

Andreafsky herd)

positive350 - 500Unit 19 (Tonzona herd)

positive20 - 30Units 19(A), 19(D), 19(E),

21(A), and 21(E) (Beaver

Mountains herd, Sunshine

Mountains herd)

positive5Unit 20(D), that portion south

of the Tanana River, except

that portion within the Fairbanks

Nonsubsistence Area (Macomb

herd)

positive10 - 40Units 20(F), 21(B), 21(C),

21(D), and 24 (Galena Moun-

tains herd, Wolf Mountains

herd, Ray Mountains herd)

positive150 - 200Units 21, 22, 23, 24, and 26

(Western Arctic herd,

Teshekpuk Lake herd)

positive8,000 - 12,000Units 25(A), 25(B), 25(D),

26(B), and 26(C) (Porcupine

herd)

positive1,250 - 1,550Unit 26(B) (Central Arctic

herd)

positive250 - 450 (5) Deer

Unit 1(A), outside

the Ketchikan

Nonsubsistence Area

positive5 - 40Unit 1(B)

positive40 - 50Unit 1(C), outside the

Juneau Nonsubsistence

Area

positive30 - 40Unit 2

positive1,500 - 1,600Unit 3

positive150 - 175Unit 4, outside the Juneau

Nonsubsistence Area

positive5,200 - 6,000Unit 5

positive20 - 40Unit 6

positive1,000 - 1,250Unit 8

positive3,600 - 4,100 (6) Elk

Unit 2

negativeUnit 3

negativeUnit 8

negative (7) Goat

Unit 1(A), outside

the Ketchikan

Nonsubsistence Area

positive5 - 10Unit 1(B)

positive5 - 10Unit 1(C), outside

the Juneau

Nonsubsistence Area

positive25 - 30Unit 1(D)

positive10 - 15Unit 4

negativeUnit 5

positive1 - 2Units 6(C) and 6(D)

positive15 - 26Units 7 and 15(C) out-

side the Anchorage-

Matsu-Kenai Nonsub-

sistence Area

positive7 - 10Unit 8

negativeUnit 11

negativeUnit 13(D)

negative (8) Moose

Units 1(B) and 3

positive40Unit 1(C) (Gustavus

Forelands)

negativeUnit 1(D)positive100 percent of allowable

harvest

Unit 5

positive50Unit 6

negativeUnits 9(A), 9(B), 9(C), and 9(E)

positive100 - 140Unit 9(D)

negativeUnit 11

positive30 - 40Unit 12

positive60 - 70Unit 13

positive300 - 600Unit 15(B) (Kalgin Island)

positive2Unit 15(C), that portion

southwest of a line from

Point Pogibshi to the point

of land between Rocky Bay

and Windy Bay

positive5 - 6Unit 15(C) that portion north

and east of a line from Point

Pogibshi to the point of land

between Rocky Bay and Windy

Bay, and south and west of a

line beginning at the mouth of

Rocky River, up the Rocky

and Windy Rivers, across the

Windy River/Jakolof Creek

divide, then down Jakolof Creek

to its mouth, including the islands

between the eastern most point

of Jakolof Bay and the eastern

most point of Rocky Bay

negativeUnit 16(B) (Redoubt Bay

drainages)

positive10Unit 16(B), that portion

south of the Beluga River

and north of Redoubt Bay

positive29 - 37Unit 16(B), that portion

north of the Beluga River

positive160 - 180Unit 17

positive100 - 150Unit 18

positive200 - 400Unit 19, that portion outside

of the Lime Village Manage-

ment Area

positive400 - 700, including 175 -

300 in Unit 19(A), and

20 - 24 in Unit 19(B)

Unit 19, that portion within the

Lime Village Management Area

positive30 - 40Unit 20(A), that portion outside

the boundaries of the Fairbanks

Nonsubsistence Area

positive50 - 75Unit 20(B) that portion outside

the Minto Management Area

positive75 - 100Unit 20(B), that portion within

the Minto Management Area

positive20 - 40Units 20(C) and 20(F)

positive100 - 130Unit 20(D), that portion north

of the Tanana River and out-

side the Fairbanks Nonsubsis-

tence Area

positive5 - 15Unit 20(D) (south of the

Tanana River)

positive5Unit 20(E)

positive50 - 75Unit 21

positive600 - 800Unit 22

positive250 - 300Unit 23

positive325 - 400Unit 24

positive170 - 270Unit 25(A)

positive25 - 75Unit 25(B)

positive15 - 37Unit 25(C), that portion outside

the boundaries of the Fairbanks

Nonsubsistence Area

positive8 - 15Unit 25(D) (west)

positive50 - 70Unit 25(D) (east)

positive150 - 250Unit 26positive21 - 48, including 15 - 30

in Unit 26(A)

(9) Musk Oxen

Unit 18

negativeUnits 21(D) and 24(D)

negativeUnit 22 and Unit 23, that portion

south and west of Kobuk River

drainage, and that portion of

Unit 26(A) west of the eastern

shore of Admiralty Bay where

the Alaktak River drains,

following the Alaktak River to

155° 00' W. Long. south

to the Unit 26(A) border

positive100 - 150, including 10 -

25 in Unit 22(E)Unit 23, that portion north and

west of the Kobuk River drain-

age, and that portion of Unit

26(A) west of the eastern

shore of Admiralty Bay where

the Alaktak River drains,

following the Alaktak River to

155° 00' W. Long. south

of the Unit 26(A) border

positive18 - 22Unit 26(B), that portion east of

the Dalton Highway Corridor

positive4Remainder of Unit 26(A)

and Unit 26(B), that portion

west of the Dalton Highway

positive20Unit 26(C)

positive15 (10) Dall Sheep

Unit 11

positive60 - 75Unit 12, that portion within the

Tok Management Area

negativeUnit 13(B), that portion within the

Delta Management Area

negativeUnit 13(C), that portion within the

Tok Management Area

negativeUnit 13(D)

negativeUnit 19

positive1 - 5Unit 20, those portions within

the Tok Management Area and

the Delta Management Area

negativeUnits 23 and 26(A), that

portion west of the Etivluk

River (DeLong Mountains)

positive0 - 9Unit 23 (Baird Mountains)

positive18 - 47Unit 23 and Unit 26(A), that

portion east of the Etivluk

River (Schwatka Mountains)

positive2 - 4Units 23, 24, 25(A), and 26

(Brooks Range)

positive75 - 125Units 25(B) and 25(C)

negative (11) Wolves (whether taken as

big game or as furbearer)

Unit 1(A), outside the Ketchikan

Nonsubsistence Area

positiveUnit 1(B)

positiveUnit 1(C), outside the Juneau

Nonsubsistence Area

positiveUnit 1(D)

positiveUnit 2

positiveUnit 3

positiveUnit 5

positiveUnit 6

positiveUnit 9

positive10 - 28Unit 10 (Unimak Is. only)

positive0 - 1Unit 11

positive5 - 10Unit 12

positiveUnit 13

positive8 - 24Unit 16(B)

positive0 - 5Units 17, 19 - 21, 24, 25, 26(B),

and 26(C)

positiveUnit 18

positive5 - 20Unit 22

positive5 - 20Unit 23

positive10 - 30Unit 26(A)

positive4 - 8 (12) Small Game

(A) Canada Geese

Unit 6, excluding the Valdez

Nonsubsistence Area

positive (B) Grouse

Units 11, 12, 13, 15, 16, 19,

and 20 - 25, outside the

Anchorage-Matsu-Kenai

and Fairbanks Nonsubsistence

Areas

positive (C) Ptarmigan

Units 9, 10, 11, 12, 13, 15, 16, 17,

19, and 20 - 26, outside the An-

chorage-Matsu-Kenai and Fair-

banks Nonsubsistence Areas

positiveUnit 18

positive3,000 - 23,000Unit 22

positive125 - 900 (D) repealed 7/1/2017;

(E) repealed 7/1/2017;

(F) repealed 7/1/2017;

(G) repealed 7/1/2020;

(H) repealed 7/1/2020;

(I) Migratory game birds

All units with a harvestable

portion except within the

nonsubsistence areas as

defined in 5 AAC 99.015

positive (J) Snowshoe hares

Units 9, 10, 11, 13, 14(A), 14(B), 16,

17, 18, 22, 23, and 26(A) outside

the Anchorage-Matsu-Kenai

Nonsubsistence Area

positive (K) Alaska hares

Units 9, 10, 17, 18, 22, and 23

positive (13) Furbearers and Fur ani-

mals: The Board of Game (board)

finds that all resident uses of fur-

bearers and fur animals are cus-

tomary and traditional uses, and

that furbearers and fur animals, in

general, tend to be the focus of

these uses, rather than users focus-

ing on individual species or popula-

tions. Given this finding, the board

also finds that effort on any given

population varies according to its

harvestable surplus.

(A) Beaver

all units with a harvestable portionpositive90 percent of the harvestable

portion

(B) Coyote

all units with a harvestable portionpositive90 percent of the harvestable

portion

all units with a harvestable portionpositive90 percent of the harvestable

portion

(D) Lynx

all units with a harvestable portionpositive90 percent of the harvestable

portion

(E) Marmot

all units with a harvestable portionpositive90 percent of the harvestable

portion (F) Martenall units with a harvestable portionpositive90 percent of the harvestable

portion

(G) Mink

all units with a harvestable portionpositive90 percent of the harvestable

portion

(H) Muskrat

all units with a harvestable portionpositive90 percent of the harvestable

portion

(I) Otter, land

all units with a harvestable portionpositive90 percent of the harvestable

portion

(J) Squirrel

all units with a harvestable portionpositive90 percent of the harvestable

portion

(K) Weasel

all units with a harvestable portionpositive90 percent of the harvestable

portion

(L) Wolf

all units with a harvestable portionpositive90 percent of the harvestable

portion, except as specified in

(11) of this subsection for

Units 9, 10 (Unimak Is.

only), 11, 12, 13, 16(B), 18,

22, 23, and 26(A)

(M) Wolverine

all units with a harvestable portionpositive90 percent of the harvestable

portion

(14) Unclassified Game

(A) bats (statewide)

negative (B) repealed 7/1/2018.

Double-crested only)

Units 6, 8, 9, 10, 17, 18, 22, and 23

positive (D) Snow Owl

Units 17, 18, 22, 23, and 26

positive

(b) In order to establish an amount reasonably necessary for subsistence uses under this section and whether a reasonable opportunity for subsistence uses exists, the Board of Game will, as the board determines is appropriate, attempt to integrate opportunities offered under both state and federal regulations.

(1) "amount reasonably necessary for subsistence uses" includes the total amount of animals from a population that must be available for subsistence hunting in order to provide a reasonable opportunity for subsistence uses, under state and federal subsistence hunting regulations, where both exist;

(2) "reasonable opportunity" has the meaning given in AS 16.05.258(f).

History

Authority: AS 16.05.255; AS 16.05.258
Eff. 8/8/87, Register 103; am 7/14/88, Register 107; am 8/20/89, Register 111; am 10/27/90, Register 116; am 8/10/91, Register 119; am 5/13/93, Register 126; am 10/4/97, Register 144; am 7/1/98, Register 146; am 7/1/2000, Register 154; am 1/1/2001, Register 156; am 7/1/2001, Register 158; am 7/1/2002, Register 162; am 7/1/2003, Register 166; am 7/1/2004, Register 170; am 7/1/2006, Register 178; add'l am 7/1/2006, Register 178; am 7/1/2007, Register 182; add'l am 7/1/2007, Register 182; am 7/1/2008, Register 186; add'l am 7/1/2008, Register 186; am 7/1/2009, Register 190; add'l am 7/1/2009, Register 190; am 7/1/2010, Register 194; add'l am 7/1/2010, Register 194; am 7/1/2011, Register 198; am 7/1/2012, Register 202; 1st add'l am 7/1/2012, Register 202; 2nd add'l am 7/1/2012, Register 202; am 7/1/2014, Register 210; add'l am 7/1/2014, Register 210; am 7/1/2015, Register 214; am 7/1/2016, Register 218; am 7/1/2017, Register 222; add'l am 7/1/2017, Register 222; am 7/1/2018, Register 226; add'l am 7/1/2018, Register 226; am 7/1/2019, Register 230; add'l am 7/1/2019, Register 230; am 7/1/2020, Register 234; am 6/23/2022, Register 242; add'l am 6/23/2022, Register 242; am 7/7/2024, Register 251; am 8/10/2024, Register 251; am 7/1/2025, Register 254

5 AAC 99.030 Eligibility for subsistence and general hunts {#sec-5-aac-99.030 omnilex-key=us-ak-regs-official--title-5--5 AAC 99.030}

Editor's note:

At its November 9 - 11, 1992, January 19 - 28, 1993 meeting, the Board of Game readopted 5 AAC 99.030 in its entirety, without change, under ch. 1, SSSLA 1992 (the 1992 subsistence law), which repealed and reenacted AS 16.05.258.

Appendix - Emergency Regulations

Title 5. ish and Game

(a) Only a resident domiciled in the state may participate in a subsistence hunt, unless participation is further limited by the regulation governing that particular subsistence hunt.

(b) Anyone may participate in a general hunt, except in some cases regulations governing a particular general hunt specify different or no opportunities for nonresidents.

History

Authority: AS 16.05.255; AS 16.05.258
Eff. 8/8/87, Register 103; am 8/10/91, Register 119; readopt 5/13/93, Register 126