Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 40 - Private Nonprofit Salmon Hatcheries › Article 1 - General › 5 AAC 40.005 - General

Current through May 31, 2024
(a) The harvest of salmon inhabiting the
				  water of the state, regardless of whether the salmon are naturally or
				  artificially propagated, may be conducted only pursuant to regulations adopted
				  by the Board of Fisheries.
(b) The
				  harvest of salmon returning to a private nonprofit salmon hatchery will be
				  governed by regulations adopted by the Board of Fisheries. The board will, in
				  its discretion, develop harvesting regulations after review of the harvest
				  plans or other materials, information, and testimony, if any, presented by the
				  regional associations, hatchery operators, the Department of Commerce,
				  Community, and Economic Development, the Department of Fish and Game,
				  fishermen, and other interested parties.
(c) Where hatchery returns enter a segregated
				  location near the release site and can be harvested without significantly
				  affecting wild stocks, a special harvest area may be designated by regulation
				  adopted by the board, within the hatchery permit, or by emergency orders issued
				  by the commissioner.
(d) A private
				  nonprofit hatchery permit holder and his agents, contractees, and employees may
				  harvest salmon for the hatchery only in the applicable special harvest area.
				  This does not prevent a special harvest area from being open to commercial,
				  sport, or subsistence fishing or any combination thereof to the extent provided
				  in regulations adopted and orders issued under this chapter. Harvesting of
				  salmon within the special harvest area, whether by the hatchery operator or the
				  common property fisheries, will be opened and closed by regulation or emergency
				  order.
(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) Agents, contractees, and employees of a
				  hatchery permit holder may harvest salmon for the hatchery in the special
				  harvest area only if they have in their possession a written authorization from
				  the hatchery permit holder and only in accordance with its terms. 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 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.
As of Register 171 (October 2004), the regulations
						attorney made technical revisions under
						AS
						44.62.125(b)(6) to reflect
						the name change of the Department of Community and Economic Development to the
						Department of Commerce, Community, and Economic Development made by ch. 47, SLA
						2004 and the corresponding title change of the commissioner of community and
						economic development.
Authority:
AS
						16.05.060
AS 16.05.251
AS
						16.10.440