reglab/statecodes huggingface dataset:
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 9 - Registration Area J (Westward) › 5 AAC 38.416 - Kodiak District Sea Cucumber Management Plan in Registration Area J

Current through May 31, 2024
(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.
(c) Sea cucumbers may be taken from October 1
				  through April 30 during fishing periods established by emergency
				  order.
(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;
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 9 - Registration Area J (Westward) › 5 AAC 38.417 - Registration Area J Octopus Management Plan

Current through May 31, 2024
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.
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 9 - Registration Area J (Westward) › 5 AAC 38.420 - Fishing seasons for scallops in Registration Area J

Current through May 31, 2024
(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).
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 9 - Registration Area J (Westward) › 5 AAC 38.430 - Guideline harvest ranges for the taking of scallops

Current through May 31, 2024
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.
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, without change, the commissioner of fish and game's adoption
						of 5 AAC 38.430, which took effect
						6/27/93.
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 39 - General Provisions › Article 1 - General › 5 AAC 39.001 - Application of this chapter

Current through May 31, 2024
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.
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 39 - General Provisions › Article 1 - General › 5 AAC 39.002 - Liability for violations

Current through May 31, 2024
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.
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 39 - General Provisions › Article 1 - General › 5 AAC 39.010 - Retention of fish taken in a commercial fishery

Current through May 31, 2024
(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.
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 39 - General Provisions › Article 1 - General › 5 AAC 39.107 - Operation of gear

Current through May 31, 2024
(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 59º
				  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.
Authority:
AS
						16.05.251
AS
						16.05.253
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 39 - General Provisions › Article 1 - General › 5 AAC 39.109 - Nonresident crewmember fishing license fees

Current through May 31, 2024
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).
Authority:
AS
						16.05.020
AS
						16.05.480
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 39 - General Provisions › Article 1 - General › 5 AAC 39.110 - Crewmember fishing license requirements

Current through May 31, 2024
(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.
The following are examples of a suitable identification
						card required by
						5 AAC 39.110(f): A state of Alaska
						motor vehicle operator's license under
						AS
						28.15.111; an identification card issued
						under AS
						18.65.310.
Authority:
AS
						16.05.020
AS 16.05.050
AS 16.05.450
AS
						16.05.480
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 39 - General Provisions › Article 1 - General › 5 AAC 39.111 - Personal identification required

Current through May 31, 2024
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.
Authority:
AS
						16.05.251
AS
						16.10.267
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 39 - General Provisions › Article 1 - General › 5 AAC 39.112 - Use of net pens and other holding devices

Current through May 31, 2024
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.
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 39 - General Provisions › Article 1 - General › 5 AAC 39.115 - Designation of salmon net registration area

Current through May 31, 2024
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.
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 39 - General Provisions › Article 1 - General › 5 AAC 39.117 - Vessel length; bulbous bow

Current through May 31, 2024
(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.
Authority:
AS
						16.05.251
AS
						16.05.835
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 39 - General Provisions › Article 1 - General › 5 AAC 39.119 - Vessel identification

Current through May 31, 2024
(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.
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 39 - General Provisions › Article 1 - General › 5 AAC 39.120 - Registration of commercial fishing vessels

Current through May 31, 2024
(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.
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 39 - General Provisions › Article 1 - General › 5 AAC 39.123 - Late registration

Current through May 31, 2024
(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.
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 39 - General Provisions › Article 1 - General › 5 AAC 39.128 - Reporting requirements for unlicensed commercial fishing vessels in the waters of Alaska

Current through May 31, 2024
(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;
(C) include the destination, travel route,
				  and dates of transit; and
(D)
				  include the quantity, species, and the location from which the fish were taken
				  if any processed fish are on board the vessel.
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 39 - General Provisions › Article 1 - General › 5 AAC 39.135 - Requirements for releasing confidential information to third persons

Current through May 31, 2024
(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.
Authority:
AS
						16.05.050
AS 16.05.815
A copy of the release form can be found on the Department
						of Fish and Game's, Division of Commercial Fisheries, website at
						www.cf.adfg.state.ak.us. A list of addresses and telephone and fax numbers for
						the Department of Fish and Game's local and regional offices can be found on
						the Division of Commercial Fisheries website at
						www.cf.adfg.state.ak.us/geninfo/contacts/offices.htm. In addition, copies of
						the release form, and addresses, and telephone and fax numbers, may be obtained
						at the Department of Fish and Game, Division of Commercial Fisheries, 1255 W.
						8th Street, P.O. Box 115526, Juneau, AK 99811-5526: Phone (907)
						465-4210.
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 39 - General Provisions › Article 1 - General › 5 AAC 39.140 - Inspection of fishing establishments and vessels

Current through May 31, 2024
(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.
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 39 - General Provisions › Article 1 - General › 5 AAC 39.141 - Onboard observer program

Current through May 31, 2024
(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.
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 39 - General Provisions › Article 1 - General › 5 AAC 39.142 - Conflict of interest standards for onboard observers and independent contracting agents

Current through May 31, 2024
(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;
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 39 - General Provisions › Article 1 - General › 5 AAC 39.143 - Onboard observer certification and decertification

Current through May 31, 2024
(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.
(c) An observer trainee
				  permit expires as follows:
(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;
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 39 - General Provisions › Article 1 - General › 5 AAC 39.144 - Onboard observer independent contracting agent certification and decertification

Current through May 31, 2024
(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;
(C) designate an agent in this state for
				  service of process;
(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;
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 39 - General Provisions › Article 1 - General › 5 AAC 39.146 - Onboard observer briefing and debriefing

Current through May 31, 2024
(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 the any port for any reason, the
				  observer shall contact the department immediately and be prepared to provide
				  all of the observer's data and deplovment information to the department. The
				  department may schedule a mid-trip 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.
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 39 - General Provisions › Article 1 - General › 5 AAC 39.150 - Explosives, chemicals and poisons unlawful

Current through May 31, 2024
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.
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 39 - General Provisions › Article 1 - General › 5 AAC 39.155 - Seine drums unlawful

Current through May 31, 2024
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.
Authority:
AS
						16.05.250(3)
AS
						16.10.120
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 39 - General Provisions › Article 1 - General › 5 AAC 39.164 - Nonpelagic trawl gear restrictions

Current through May 31, 2024
(a) Non-pelagic
				  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 non-pelagic trawling under (b) or (c) of this section.
				  The permit
(1) must specify the locations and
				  times when non-pelagic 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.
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 39 - General Provisions › Article 1 - General › 5 AAC 39.165 - Trawl gear unlawful

Current through May 31, 2024
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 60º 14.25' N. lat., 146º 38.80' W. long. to
				  Seal Rocks Light at 60º 09.78' N. lat., 146º 50.30' W. long. to
				  Zaikof Point at 60º 18.48' N. lat., 146º 55.10' W. long., and from a
				  point at 60º 11.00' N. lat., 147º 20.00' W. long. on the northwest
				  side of Montague Island, north to a point at 60º 30.00' N. lat., 147º
				  20.00' W. long., then east to a point at 60º 30.00' N. lat., 147º W.
				  long., then northeast to Knowles Head at 60º 41.00' N. lat., 146º
				  37.50' W. long.;
(2) the waters
				  east of a line from Porcupine Point at 60º 44.60' N. lat., 146º
				  42.10' W. long. in Port Fidalgo to the southernmost tip of Bligh Island at
				  60º 48.30' N. lat., 146º 47.90' W. long. to the northernmost tip of
				  Bligh Island at 60º 52.90' N. lat., 146º 46.00' W. long. to Rocky
				  Point at 60º 57.00' N. lat., 146º 46.20' 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 57º
				  36.26' N. lat., 154º 23.73' W. long., to a point at the state waters
				  boundary at 57º 38.51' N. lat., 154º 27.92' W. long., and bounded on
				  the south by a line from 57º 32.34' N. lat., 154º 32.15' W. long., to
				  a point at the state waters boundary at 57º 34.84' N. lat., 154º
				  36.80' 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 39 - General Provisions › Article 1 - General › 5 AAC 39.166 - Mandatory retention of prohibited salmon species by commercial trawl vessels for counting and sampling

Current through May 31, 2024
(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.
(c) For the purposes of
				  this section "sample" means to examine a portion of the bycatch, and may
				  include
(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.
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 39 - General Provisions › Article 1 - General › 5 AAC 39.167 - Commercial fishing gear prohibited in waters of Alaska surrounding essential fish habitat areas

Current through May 31, 2024
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.
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 39 - General Provisions › Article 1 - General › 5 AAC 39.170 - Monofilament purse seine web unlawful

Current through May 31, 2024
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.
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 39 - General Provisions › Article 1 - General › 5 AAC 39.175 - Use of lights prohibited

Current through May 31, 2024
It is unlawful to use artificial lights to attract salmon
					 out of closed waters for the purpose of a commercial taking.
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 39 - General Provisions › Article 1 - General › 5 AAC 39.180 - Time limit for preservation of salmon

Current through May 31, 2024
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.
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 39 - General Provisions › Article 1 - General › 5 AAC 39.185 - Policy on closures due to illegal fishing

Current through May 31, 2024
(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.
Authority:
AS
						16.05.060
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 39 - General Provisions › Article 1 - General › 5 AAC 39.190 - Driving salmon prohibited

Current through May 31, 2024
It is unlawful to drive or attempt to drive salmon from
					 waters closed to salmon fishing.
Authority:
AS
						16.05.251
AS
						16.10.010
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 39 - General Provisions › Article 1 - General › 5 AAC 39.195 - Announcement of emergency orders

Current through May 31, 2024
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
(C) commercial
				  radio stations;
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 39 - General Provisions › Article 1 - General › 5 AAC 39.197 - Unlawful possession of fish

Current through May 31, 2024
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.
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 39 - General Provisions › Article 1 - General › 5 AAC 39.198 - Foreign fish processing permits

Current through May 31, 2024
(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.
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 39 - General Provisions › Article 1 - General › 5 AAC 39.200 - Application of fishery management plans

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