reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 35 - Tanner Crab Fishery › Article 10 - Registration Area J (Westward) › 5 AAC 35.507 - Kodiak, Chignik, and South Peninsula Districts C. bairdi Tanner crab harvest strategies

Current through May 31, 2024
(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.
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 35 - Tanner Crab Fishery › Article 10 - Registration Area J (Westward) › 5 AAC 35.508 - Bering Sea District C. bairdi Tanner crab harvest strategy

Current through May 31, 2024
(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(i982-20i8), EXPmmb will be 0.05;
(2) if MFB is at least 25 percent but not
				  greater than 100 percent of MFB(i982-20i8), EXPmmb will be computed as
				  (((MFB/MFB(i982-20i8) -
				  0.25)/0.75)x0.15)+0.05, with slope
m
and intercept
b;
(A) the EXPmmb slope "w"
				  is computed as (((((MFB/MFB(i982-2oi8) -0.25)/0.75)x0.15)+0.05) -
				  0.05)/0.75;
(B) the EXPmmb
				  intercept
"b"
is computed as 0.05 -
(m *
0.25);
(3) if
				  MFB is greater than 100 percent of MFB( 1982-2018),
				  EXPmmb will be 0.20.
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 35 - Tanner Crab Fishery › Article 10 - Registration Area J (Westward) › 5 AAC 35.509 - Eastern and Western Aleutian District Tanner crab harvest strategy

Current through May 31, 2024
(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.
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 35 - Tanner Crab Fishery › Article 10 - Registration Area J (Westward) › 5 AAC 35.510 - Fishing seasons for Registration Area J

Current through May 31, 2024
(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 noon
				  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 forecast areas for the sections of the
				  Kodiak District are as follows:
(A)
				  Northeast Section: PKZ132;
(B)
				  Eastside Section: PKZ132;
(C)
				  Southeast Section: PKZ132;
(D)
				  Westside Section: PKZ138;
(E)
				  North Mainland Section: PKZ138;
(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.
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 35 - Tanner Crab Fishery › Article 10 - Registration Area J (Westward) › 5 AAC 35.511 - Permits for tanneri and angulatus Tanner crab in Registration Area J

Current through May 31, 2024
(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;
(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;
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 35 - Tanner Crab Fishery › Article 10 - Registration Area J (Westward) › 5 AAC 35.517 - Bering Sea C opilio Tanner crab harvest strategy

Current through May 31, 2024
(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 B
msy
;
(2) repealed 6/10/2010.
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 35 - Tanner Crab Fishery › Article 10 - Registration Area J (Westward) › 5 AAC 35.520 - Size limits for Registration Area J

Current through May 31, 2024
(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 166º 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.
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 35 - Tanner Crab Fishery › Article 10 - Registration Area J (Westward) › 5 AAC 35.521 - Identification of Bering Sea Tanner crab

Current through May 31, 2024
(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 Cltionoecetes 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.
A copy of the Alaska Department of Fish and Game
						Chionoecetes Crab Quick Reference Guide adopted by reference in 5 AAC 35.521(c)
						can be found on the department's website at
http://www.adfg.alaska.gov/index.cfm?adfg=commercialbyareaaleutianislands.shellfish#management
.
In addition a copy may be obtained from the Department of
						Fish and Game, division of Commercial Fisheries, 1255 W. 8th Street, P.O. Box
						115526 Juneau 99811-5526,(407) 465 - 4210
Authority:
AS
						16.05.251
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 35 - Tanner Crab Fishery › Article 10 - Registration Area J (Westward) › 5 AAC 35.525 - Lawful gear for Registration Area J

Current through May 31, 2024
(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 District, 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 no less than four circular escape rings of no 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 no less than four circular
				  escape rings of no 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
				  no higher on the vertical surface than the first full mesh from the bottom of
				  the pot; and
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 35 - Tanner Crab Fishery › Article 10 - Registration Area J (Westward) › 5 AAC 35.526 - Tanner crab pot marking requirements for Registration Area J

Current through May 31, 2024
(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.
(c) Repealed 9/12/2008.
Authority:
AS
						16.05.251
AS
						16.05.632
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 35 - Tanner Crab Fishery › Article 10 - Registration Area J (Westward) › 5 AAC 35.527 - Tanner crab pot storage requirements for Registration Area J

Current through May 31, 2024
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 54º 12.67' N. lat., 165º 52' W. long.;
				  or
(B) Kalekta Bay inside of a line
				  from the tip of Erskine Point to the tip of Cape Kalekta;
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 35 - Tanner Crab Fishery › Article 10 - Registration Area J (Westward) › 5 AAC 35.528 - Operation of other gear in Registration Area J

Current through May 31, 2024
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.
Authority:
AS
						16.05.251
AS
						16.05.258
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 35 - Tanner Crab Fishery › Article 10 - Registration Area J (Westward) › 5 AAC 35.535 - Closed waters in Registration Area J

Current through May 31, 2024
The waters of Alaska surrounding St. Matthew Island, Hall
					 Island, and Pinnacle Island are closed to the taking of Tanner
					 crab.
Authority:
AS
						16.05.251
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 35 - Tanner Crab Fishery › Article 10 - Registration Area J (Westward) › 5 AAC 35.540 - Registration Area J inspection points

Current through May 31, 2024
Registration Area J inspection points are located at Kodiak
					 and Dutch Harbor or at other locations specified by the
					 department.
Authority:
AS
						16.05.251
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 35 - Tanner Crab Fishery › Article 10 - Registration Area J (Westward) › 5 AAC 35.555 - Inspection requirements for Registration Area J

Current through May 31, 2024
(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, must, when required by the
				  department or at any time during the open season before taking crab, a Tanner
				  crab vessel registered for Registration Area J must have all holds, live tanks,
				  and freezers inspected by a local representative of the department at an
				  inspection point specified in
				  5 AAC 35.540. 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.
Authority:
AS
						16.05.251
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 35 - Tanner Crab Fishery › Article 10 - Registration Area J (Westward) › 5 AAC 35.558 - Reporting requirements for Registration Area J

Current through May 31, 2024
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.
Authority:
AS
						16.05.251
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 35 - Tanner Crab Fishery › Article 10 - Registration Area J (Westward) › 5 AAC 35.590 - Vessel length restrictions

Current through May 31, 2024
(a) In the Eastern
				  Aleutian District, in the waters of Unalaska Bay enclosed by a line from Cape
				  Cheerful (54º N. lat., 166º 40.33' W. long.) to Priest Rock (54º
				  N. lat., 166º 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.
Authority:
AS
						16.05.251
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 36 - International Water Area › Article 1 - Description of Area › 5 AAC 36.010 - Description of International Water Area

Current through May 31, 2024
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.
Authority:
AS
						16.05.251
AS
						16.10.190
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 36 - International Water Area › Article 3 - Salmon › 5 AAC 36.030 - Transportation and possession

Current through May 31, 2024
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.
Authority:
AS
						16.05.251
AS
						16.10.200
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 36 - International Water Area › Article 7 - Shellfish (Repealed) › 5 AAC 36.040 - Transportation and possession of shrimp, scallops and king, Dungeness or Tanner crabs (Repealed)

Current through May 31, 2024
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 37 - Aquatic Plants › Article 1 - Harvest Provisions › 5 AAC 37.100 - Permits

Current through May 31, 2024
(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.
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 37 - Aquatic Plants › Article 2 - Seasons › 5 AAC 37.200 - Seasons

Current through May 31, 2024
(a) The commissioner will open and close the
				  season for the commercial harvesting of aquatic plants by emergency
				  order.
(b) There is no closed
				  season for the noncommercial harvest of aquatic plants outside of the
				  nonsubsistence areas defined in
				  5 AAC 99.015.
Authority:
AS
						16.05.060
AS
						16.05.251
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 37 - Aquatic Plants › Article 3 - Harvest Requirements › 5 AAC 37.300 - Harvesting requirements for macrocystis kelp

Current through May 31, 2024
(a) Macrocystis
				  kelp shall be harvested in a manner that prevents dislodging of the entire
				  plant from the bottom, and prevents straining or breaking the plant.
(b) Macrocystis kelp may not be cut at a
				  depth greater than one foot below the surface of the water, and only the upper
				  portion of the plant may be retained.
(c) The use of diving gear to harvest
				  macrocystis kelp is prohibited.
(d)
				  The department shall close to the harvest of macrocystis kelp areas in which
				  herring are spawning.
Authority:
AS
						16.05.251
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 37 - Aquatic Plants › Article 3 - Harvest Requirements › 5 AAC 37.320 - Noncommercial harvest and possession limits for aquatic plants

Current through May 31, 2024
(a) Outside of the
				  nonsubsistence areas defined in
				  5 AAC 99.015, there are no harvest or possession limits
				  for the noncommercial harvest of aquatic plants, except that in the portion of
				  the Cook Inlet Area described in
				  5 AAC 21.200, that is outside of the
				  Anchorage-Matsu-Kenai Nonsubsistence Area, the daily harvest and possession
				  limit for aquatic plants is 10 gallons.
(b) Repealed 6/21/2020
Authority:
AS
						16.05.251
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 37 - Aquatic Plants › Article 4 - Cook Inlet Area › 5 AAC 37.400 - Description of area

Current through May 31, 2024
The Cook Inlet Area includes all marine waters as described
					 in 5 AAC 21.100.
Authority:
AS
						16.05.251
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 37 - Aquatic Plants › Article 4 - Cook Inlet Area › 5 AAC 37.420 - Permits

Current through May 31, 2024
(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.
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 37 - Aquatic Plants › Article 9 - Restrictions › 5 AAC 37.900 - Restrictions

Current through May 31, 2024
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.
Authority:
AS
						16.05.251
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 38 - Miscellaneous Shellfish Fishery › Article 1 - Registration Areas › 5 AAC 38.001 - Application of this chapter

Current through May 31, 2024
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.
Authority:
AS
						16.05.251
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 38 - Miscellaneous Shellfish Fishery › Article 1 - Registration Areas › 5 AAC 38.005 - Registration areas established

Current through May 31, 2024
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).
Authority:
AS
						16.05.251
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 38 - Miscellaneous Shellfish Fishery › Article 1 - Registration Areas › 5 AAC 38.010 - Application of regulations

Current through May 31, 2024
(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.
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 38 - Miscellaneous Shellfish Fishery › Article 1 - Registration Areas › 5 AAC 38.020 - Miscellaneous shellfish gear and vessel registration

Current through May 31, 2024
(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.
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 38 - Miscellaneous Shellfish Fishery › Article 1 - Registration Areas › 5 AAC 38.035 - Closure of miscellaneous shellfish registration areas and reopening procedures

Current through May 31, 2024
(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.
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 38 - Miscellaneous Shellfish Fishery › Article 2 - General Specifications and Restrictions › 5 AAC 38.050 - Gear for clams

Current through May 31, 2024
(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.
Authority:
AS
						16.05.251
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 38 - Miscellaneous Shellfish Fishery › Article 2 - General Specifications and Restrictions › 5 AAC 38.051 - Gear for sea urchins

Current through May 31, 2024
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.
Authority:
AS
						16.05.251
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 38 - Miscellaneous Shellfish Fishery › Article 2 - General Specifications and Restrictions › 5 AAC 38.052 - Gear for hair crab

Current through May 31, 2024
(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.
Authority:
AS
						16.05.251
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 38 - Miscellaneous Shellfish Fishery › Article 2 - General Specifications and Restrictions › 5 AAC 38.054 - Unlawful use of dive fishing gear

Current through May 31, 2024
(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.
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 38 - Miscellaneous Shellfish Fishery › Article 2 - General Specifications and Restrictions › 5 AAC 38.055 - Gear for scallops (Repealed)

Current through May 31, 2024
In accordance with the procedures adopted by the Board of
						Fisheries in
						5 AAC 39.210, the board, at its March 14 - 28, 1994
						meeting, approved the commissioner of fish and game's repeal of
						5 AAC 38.055, which took effect
						6/27/93.
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 38 - Miscellaneous Shellfish Fishery › Article 2 - General Specifications and Restrictions › 5 AAC 38.060 - Gear for octopi and squid

Current through May 31, 2024
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.
Authority:
AS
						16.05.251(a)
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 38 - Miscellaneous Shellfish Fishery › Article 2 - General Specifications and Restrictions › 5 AAC 38.061 - Fishing season for octopi and squid

Current through May 31, 2024
There is no closed season for octopi and
					 squid.
Authority:
AS
						16.05.251(a)
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 38 - Miscellaneous Shellfish Fishery › Article 2 - General Specifications and Restrictions › 5 AAC 38.062 - Permits for octopi, squid, hair crab, sea urchins, sea cucumbers, sea snails, and other marine invertebrates

Current through May 31, 2024
(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.
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 38 - Miscellaneous Shellfish Fishery › Article 2 - General Specifications and Restrictions › 5 AAC 38.075 - Minimum legal size for clams

Current through May 31, 2024
(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.
Authority:
AS
						16.05.251
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 38 - Miscellaneous Shellfish Fishery › Article 2 - General Specifications and Restrictions › 5 AAC 38.076 - Alaska Scallop Fishery Management Plan

Current through May 31, 2024
(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, described in
				  5 AAC 38.100, except for all waters of District 16 as
				  described in
				  5 AAC 31.105(p);
(2) Scallop Registration Area D (Yakutat) is
				  Registration Area D, described in
				  5 AAC 38.160, and all waters of District 16 as described
				  in 5 AAC 31.105(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 (54º
				  36' N. lat.), as its eastern boundary the longitude of Scotch Cap Light, and as
				  its western boundary 171º 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 171º 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
				  55º 30' N. lat.
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 38 - Miscellaneous Shellfish Fishery › Article 2 - General Specifications and Restrictions › 5 AAC 38.078 - State-Waters Weathervane Scallop Management Plan

Current through May 31, 2024
(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.
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 38 - Miscellaneous Shellfish Fishery › Article 4 - Prohibitions › 5 AAC 38.090 - Unlawful possession of miscellaneous shellfish aboard a vessel

Current through May 31, 2024
(a) Repealed
				  5/8/98.
(b) Repealed
				  5/8/98.
(c) Repealed
				  5/8/98.
(d) It is unlawful for any
				  person to possess aboard a vessel registered to fish for miscellaneous
				  shellfish more than one species of miscellaneous shellfish at any one
				  time.
As of Register 166 (July 2003), and acting under
						AS
						44.62.125(b)(6), the
						regulations attorney made a change to the authority citation in
						5 AAC 38.090, to reflect Executive Order 107
						(2003).
As of Register 186 (July 2008), and acting under
						AS
						44.62.125(b)(6), the
						regulations attorney made a change to the authority citation in
						5 AAC 38.090, to reflect Executive Order 114
						(2008).
Authority:
AS
						16.05.251
AS 16.05.722
AS 16.05.723
AS 16.05.901
AS
						16.05.920
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 38 - Miscellaneous Shellfish Fishery › Article 5 - Registration Area A (Southeastern Alaska) › 5 AAC 38.100 - Description of Registration Area A

Current through May 31, 2024
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 58º 47.89'N. lat., 137º 56.68' W. long., to the
					 intersection with the seaward limit of the three-nautical-mile territorial sea
					 at 58º 45.91' N. lat., 138º 01.53' W. long.
Authority:
AS
						16.05.251
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 38 - Miscellaneous Shellfish Fishery › Article 5 - Registration Area A (Southeastern Alaska) › 5 AAC 38.105 - Description of Registration Area A districts and sections

Current through May 31, 2024
Registration Area A districts and sections are as described
					 in 5 AAC 31.105.
Authority:
AS
						16.05.251
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 38 - Miscellaneous Shellfish Fishery › Article 5 - Registration Area A (Southeastern Alaska) › 5 AAC 38.107 - Closed waters for clams, mussels, and cockles in Registration Area A

Current through May 31, 2024
Clams, mussels, and cockles may not be taken in waters of
					 Port Althorp enclosed by a line from Point Lucan to 58º 09.71' N. lat.,
					 136º 19.67' W. long.
Authority:
AS
						16.05.251
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 38 - Miscellaneous Shellfish Fishery › Article 5 - Registration Area A (Southeastern Alaska) › 5 AAC 38.110 - Fishing seasons for clams in Registration Area A

Current through May 31, 2024
(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.
Authority:
AS
						16.05.251