Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 28 - Groundfish Fishery › Article 4 - Eastern Gulf of Alaska Area (Registration Area A) › 5 AAC 28.170 - Sablefish possession and landing requirements for Eastern Gulf of Alaska Area

Current through May 31, 2024
(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(d) Repealed 6/15/95.
(e) Repealed 11/16/96.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) Notwithstanding
				  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.
Authority:
AS
						16.05.251