reglab/statecodes huggingface dataset:
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 39.205 - Criteria for the allocation of fishery resources among personal use, sport, and commercial fisheries

Current through May 31, 2024
Before adopting regulations that allocate fish among
					 personal use, sport, and commercial fisheries, the board will, as appropriate
					 to particular allocation decisions, consider factors such as those set out in
					 AS
					 16.05.251(e).
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 39.210 - Management plan for high impact emerging fisheries

Current through May 31, 2024
(a) To guide
				  management of high impact emerging commercial fisheries, a plan is needed that
				  ensures resource conservation, minimizes impacts on existing users, and
				  provides orderly development of new fishery resources.
(b) The department may regulate a commercial
				  fishery as a high impact emerging commercial fishery if the commissioner
				  determines that any of the following conditions apply to a species or species
				  group in an area or region:
(1) harvesting
				  effort has recently increased beyond a low sporadic level;
(2) interest has been expressed in harvesting
				  the resource by more than a single user group;
(3) the level of harvest might be approaching
				  a level that might not be sustainable on a local or regional level;
(4) the board has not developed comprehensive
				  regulations to address issues of conservation, allocation, and conduct of an
				  orderly fishery.
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 39.212 - Forage Fish Management Plan

Current through May 31, 2024
(a) This management
				  plan governs the commercial harvesting of forage fish species in the waters of
				  Alaska.
(b) The board finds that
				  forage fish perform a critical role in the complex marine ecosystem by
				  providing the transfer of energy from the primary and secondary producers to
				  higher trophic levels. The higher trophic levels include many commercially
				  important fish and shellfish species. Forage fish also serve as important prey
				  species for marine mammals and seabirds.
(c) The board finds that abundant populations
				  of forage fish are necessary to sustain healthy populations of commercially
				  important species of salmon, groundfish, halibut, and shellfish.
(d) Except as otherwise provided in 5 AAC 03
				  - 5 AAC 39, forage fish may not be commercially taken.
(e) A vessel fishing in a directed groundfish
				  fishery may retain a maximum allowable bycatch of forage fish equal to no more
				  than two percent of the round weight or round weight equivalent of the
				  groundfish on board the vessel.
(f)
				  For the purposes of this section, "forage fish" means the following species of
				  fish:
(1) Family Osmeridae (capelin,
				  eulachon, and other smelts);
(2)
				  Family Myctophidae (laternfishes);
(3) Family Bathylagidae (deep-sea
				  smelt);
(4) Family Ammodtidea
				  (Pacific sand lance);
(5) Family
				  Trichodontidae (Pacific sandfish);
(6) Family Pholidae (gunnels);
(7) Family Stichaeidae (pricklebacks,
				  warbonnets, eelblennys, cockscombs, and shannys);
(8) Family Gonostomatidae (bristlemouths,
				  lightfishes, and anglemouths);
(9)
				  species of the Order Euphausiacea (krill).
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 39 - General Provisions › Article 2 - Salmon Fishery › 5 AAC 39.220 - Policy for the management of mixed stock salmon fisheries

Current through May 31, 2024
(a) In applying
				  this statewide mixed stock salmon policy for all users, conservation of wild
				  salmon stocks consistent with sustained yield shall be accorded the highest
				  priority. Allocation of salmon resources under this policy will be consistent
				  with the subsistence preference in
				  AS
				  16.05.258, and the allocation criteria set
				  out in 5 AAC 39.205,
				  5 AAC 75.017, and
				  5 AAC 77.007.
(b) In the absence of a regulatory management
				  plan that otherwise allocates or restricts harvest, and when it is necessary to
				  restrict fisheries on stocks where there are known conservation problems, the
				  burden of conservation shall be shared among all fisheries in close proportion
				  to their respective harvest on the stock of concern. The board recognized that
				  precise sharing of conservation among fisheries is dependent on the amount of
				  stock-specific information available.
(c) The board's preference in assigning
				  conservation burdens in mixed stock fisheries is through the application of
				  specific fishery management plans set out in the regulations. A management plan
				  incorporates conservation burden and allocation of harvest
				  opportunity.
(d) Most wild Alaska
				  salmon stocks are fully allocated to fisheries capable of harvesting available
				  surpluses. Consequently, the board will restrict new or expanding mixed stock
				  fisheries unless otherwise provided for by management plans or by application
				  of the board's allocation criteria. Natural fluctuations in the abundance of
				  stocks harvested in a fishery will not be the single factor that identifies a
				  fishery as expanding or new.
(e)
				  This policy will be implemented only by the board through regulations adopted
				  (1) during its regular meeting cycle; or (2) through procedures established in
				  the Joint Board's Petition Policy (5 AAC 96.625), Subsistence Petition Policy (5 AAC 96.625(f)), Policy for Changing
				  Board Agenda (5 AAC 39.999), or Subsistence
				  Proposal Policy (5 AAC 96.615).
Authority:
AS
						16.05.251(h)
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 39 - General Provisions › Article 2 - Salmon Fishery › 5 AAC 39.222 - Policy for the management of sustainable salmon fisheries

Current through May 31, 2024
(a) The Board
				  of Fisheries (board) and Department of Fish and Game (department) recognize
				  that
(1) while, in the aggregate, Alaska's
				  salmon fisheries are healthy and sustainable largely because of abundant
				  pristine habitat and the application of sound, precautionary, conservation
				  management practices, there is a need for a comprehensive policy for the
				  regulation and management of sustainable salmon fisheries;
(2) in formulating fishery management plans
				  designed to achieve maximum or optimum salmon production, the board and
				  department must consider factors including environmental change, habitat loss
				  or degradation, data uncertainty, limited funding for research and management
				  programs, existing harvest patterns, and new fisheries or expanding
				  fisheries;
(3) to effectively
				  assure sustained yield and habitat protection for wild salmon stocks, fishery
				  management plans and programs require specific guiding principles and criteria,
				  and the framework for their application contained in this policy.
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 39 - General Provisions › Article 2 - Salmon Fishery › 5 AAC 39.223 - Policy for statewide salmon escapement goals

Current through May 31, 2024
(a) The Department
				  of Fish and Game (department) and the Board of Fisheries (board) are charged
				  with the duty to conserve and develop Alaska's salmon fisheries on the
				  sustained yield principle. Therefore, the establishment of salmon escapement
				  goals is the responsibility of both the board and the department working
				  collaboratively. The purpose of this policy is to establish the concepts,
				  criteria, and procedures for establishing and modifying salmon escapement goals
				  and to establish a process that facilitates public review of allocative issues
				  associated with escapement goals.
(b) The board recognizes the department's
				  responsibility to
(1) document existing
				  salmon escapement goals for all salmon stocks that are currently managed for an
				  escapement goal;
(2) establish
				  biological escapement goals (BEG) for salmon stocks for which the department
				  can reliably enumerate salmon escapement levels, as well as total annual
				  returns;
(3) establish sustainable
				  escapement goals (SEG) for salmon stocks for which the department can reliably
				  estimate escapement levels when there is not sufficient information to
				  enumerate total annual returns and the range of escapements that are used to
				  develop a BEG;
(4) establish
				  sustained escapement thresholds (SET) as provided in
				  5 AAC 39.222 (Policy for the Management of Sustainable
				  Salmon Fisheries);
(5) establish
				  escapement goals for aggregates of individual spawning populations with similar
				  productivity and vulnerability to fisheries and for salmon stocks managed as
				  units;
(6) review an existing, or
				  propose a new, BEG, SEG and SET on a schedule that conforms, to the extent
				  practicable, to the board's regular cycle of consideration of area regulatory
				  proposals;
(7) prepare a scientific
				  analysis with supporting data whenever a new BEG, SEG, or SET, or a
				  modification to an existing BEG, SEG, or SET is proposed and, in its
				  discretion, to conduct independent peer reviews of its BEG, SEG, and SET
				  analyses;
(8) notify the public
				  whenever a new BEG, SEG, or SET is established or an existing BEG, SEG, or SET
				  is modified;
(9) whenever
				  allocative impacts arise from any management actions necessary to achieve a new
				  or modified BEG, SEG or SET, report to the board on a schedule that conforms,
				  to the extent practicable, to the board's regular cycle of consideration of
				  area regulatory proposals so that it can address allocation issues.
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 39 - General Provisions › Article 2 - Salmon Fishery › 5 AAC 39.225 - Arctic-Yukon-Kuskokwim Region Chum Salmon Rebuilding Management Plan (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 39 - General Provisions › Article 2 - Salmon Fishery › 5 AAC 39.230 - Gear

Current through May 31, 2024
Only those gillnets, seines, troll lines, fish wheels,
					 spears or other appliances as provided for in 5 AAC 03 - 5 AAC 39 may be used
					 to take salmon.
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 2 - Salmon Fishery › 5 AAC 39.240 - General gear specifications and operations

Current through May 31, 2024
(a) A salmon
				  fishing vessel shall operate, assist in operating, or have aboard it or any
				  boat towed by it, only one legal limit of salmon fishing gear in the aggregate
				  except as otherwise provided in this title.
(b) Unhung gear sufficient for mending
				  purposes may be carried aboard fishing vessels.
(c) A purse seine, hand purse seine or beach
				  seine may not be fished simultaneously with gillnet gear by any individual or
				  vessel.
(d) Salmon fishing nets
				  must be measured, either wet or dry, by determining the maximum or minimum
				  distance between the first and last hanging of the net when the net is fully
				  extended with traction applied at one end only.
(e) The interim-use or entry permit card
				  holder is responsible for the operation of the net.
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 2 - Salmon Fishery › 5 AAC 39.250 - Gillnet specifications and operations

Current through May 31, 2024
(a) The trailing of
				  gillnet web is prohibited at any time or place where fishing is not
				  permitted.
(b) Set gillnets shall
				  be removed from the water during any closed period.
(c) The gillnet web in a gillnet must contain
(1) at least 30 filaments, each of which must
				  be of equal diameter; or
(2) at
				  least six filaments, each of which must be at least 0.20 millimeters in
				  diameter.
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 39 - General Provisions › Article 2 - Salmon Fishery › 5 AAC 39.260 - Seine specifications and operations

Current through May 31, 2024
(a) In the use of
				  purse seines and hand purse seines, not more than one anchor may be used to
				  hold the seine, lead and seine boat during a set.
(b) Repealed 3/26/76.
(c) A purse seine has ceased fishing when
				  both ends of the seine, excluding skiff tow lines and straps, are attached to
				  the seine vessel.
(d) A hand purse
				  seine is considered to have ceased fishing when both ends of the seine are fast
				  to the vessel.
(e) A beach seine is
				  considered to have ceased fishing when all of the lead line is above the water
				  on the beach.
(f) Where the use of
				  leads is permitted, a purse seine vessel may not have or use more than one lead
				  of legal length and depth, without purse rings attached, and with a minimum
				  mesh size of seven inches, except that a lead may have a cork line border strip
				  not to exceed five meshes of less than seven-inch meshes stretch measure and a
				  lead line chafing strip not to exceed 25 meshes less than seven-inch stretch
				  measure.
(g) If a purse seine and a
				  lead are operated together
(1) the lead must
				  be attached to the purse seine;
(2)
				  the lead may be attached to only one end of the purse seine;
(3) the lead may not be attached at any other
				  part of the purse seine;
(4) the
				  web of the purse seine must overlap the web of the lead by at least one fathom,
				  or the web of the purse seine must be sewn to the end of the lead for the
				  entire depth of the shallowest net;
(5) repealed 6/2/88;
(6) repealed 6/2/88;
(7) repealed 6/2/88;
(8) repealed 6/2/88.
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 39 - General Provisions › Article 2 - Salmon Fishery › 5 AAC 39.265 - Retention of salmon taken in a commercial net fishery

Current through May 31, 2024
(a) The Board of
				  Fisheries recognizes that at times during a commercial salmon season it may be
				  necessary to require retention of all salmon species taken in a commercial net
				  fishery for the purpose of conservation or development of the salmon
				  resource.
(b) In a commercial
				  salmon net fishery, if the commissioner determines that retention of all salmon
				  species is necessary under this section, the commissioner may, by emergency
				  order, close a commercial salmon net fishery and immediately reopen the
				  fishery, during which all salmon species caught must be retained, unless
				  otherwise specified in 5 AAC 01 - 77.
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 39 - General Provisions › Article 2 - Salmon Fishery › 5 AAC 39.270 - Troll specifications and operations (Repealed)

Current through May 31, 2024
(a) Repealed
				  10/1/98.
(b) Repealed
				  10/1/98.
(c) Repealed
				  4/18/86.
(d) Repealed
				  4/18/86.
(e) Repealed
				  10/1/98.
(f) Repealed
				  10/1/98.
(g) Repealed
				  4/16/83.
(h) Repealed
				  10/1/98.
(i) Repealed
				  10/1/98.
As of Register 147, Oct. 1998, the substance of former
						5 AAC 39.270(a) appears in
						5 AAC 29.120(b), the substance of
						former 5 AAC 39.270(b)
						appears in 5 AAC 29.120(c),
						the substance of former
						5 AAC 39.270(e) appears in
						5 AAC 29.120(d), the substance of
						former 5 AAC 39.270(f)
						appears in 5 AAC 29.120(e),
						the substance of former
						5 AAC 39.270(h) appears in
						5 AAC 29.120(f), and the substance of
						5 AAC 39.270(i) appears in
						5 AAC 29.120(g).
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 2 - Salmon Fishery › 5 AAC 39.280 - Identification of stationary fishing gear

Current through May 31, 2024
(a) The owner or
				  operator of a set gillnet or fish wheel in operation shall place in a
				  conspicuous place on or near the set gillnet or fish wheel the name of the
				  fisherman operating it, together with the fisherman's five-digit CFEC permit
				  serial number. Numbers must be at least six inches in height with lines at
				  least one inch wide and of a color contrasting with the background. The
				  identification name and numbers for fish wheels must be placed on the side of
				  the fish wheel facing midstream of the river.
(b) In addition to the requirements of (a) of
				  this section, the owner or operator of a set gillnet in operation shall have at
				  each end of the set gillnet a red keg, buoy, or cluster of floats, or, in the
				  case of set gillnets anchored to land, shall have a red keg, buoy, or cluster
				  of floats at the outer end of the net. The kegs, buoys, or clusters of floats
				  must be plainly and legibly marked with the fisherman's five-digit CFEC permit
				  serial number. The kegs, buoys, or clusters of floats may bear only a single
				  number - that of the permit holder operating the gear. In the Upper Subdistrict
				  of the Central District of the Cook Inlet Area, the operator of a set gillnet
				  shall attach to the net a 'trailer' buoy that floats at all times.
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 2 - Salmon Fishery › 5 AAC 39.290 - Closed waters

Current through May 31, 2024
(a) Except as otherwise specified in this
				  title, commercial fishing for salmon is prohibited at all times in the waters
				  of Alaska that are
(1) within the fresh water
				  of streams and rivers of this state;
(2) within 500 yards of the fresh water of a
				  stream that is a salmon stream;or
(3) over the beds or channels of fresh water
				  of streams and rivers of this state during all stages of the tide.
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 39 - General Provisions › Article 2 - Salmon Fishery › 5 AAC 39.291 - Boundary markers

Current through May 31, 2024
The department may post a boundary described in regulation
					 by an appropriate marker. The marker must be placed as close as possible to the
					 location specified in the applicable regulation. Where markers have been lost
					 or destroyed, the boundary is as specified in the applicable
					 regulation.
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 6 - Shellfish Fishery › 5 AAC 39.646 - Shellfish onboard observer trainee program qualifications and requirements

Current through May 31, 2024
(a) To qualify as a crab onboard observer
				  trainee, an applicant must have one of the following:
(1) a Bachelor degree or higher from an
				  accredited college or university with a major in the sciences of biology, any
				  branch of biology, or limnology that includes a minimum of 30 semester hours in
				  applicable biological sciences with use of dichotomous keys in at least one
				  course, and the successful completion of at least one course each in
				  mathematics and statistics with a minimum of five semester hours total for
				  both; or
(2) a valid National
				  Marine Fisheries Service observer certification; or
(3) other fisheries related education or work
				  experience approved by 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 6 - Shellfish Fishery › 5 AAC 39.670 - Bering Sea/Aleutian Islands Individual Fishing Quota (IFQ) Crab Fisheries Management Plan

Current through May 31, 2024
(a) This management plan applies to the
				  management of the nine crab fisheries rationalized by the National Marine
				  Fisheries Service (NMFS), including the Community Development Quota and the
				  Adak community allocation, with management authority deferred to the Department
				  of Fish and Game as referenced in the Fishery Management Plan for Bering Sea/
				  Aleutian Islands King and Tanner Crabs.
(b) The following fisheries are covered under
				  the management plan in this section:
(1)
				  Bristol Bay red king crab (BBR);
(2) Aleutian Islands red king crab (west of
				  179º W. long.) (WAI);
(3)
				  Aleutian Islands golden king crab (east of 174º W. long.) (EAG);
(4) Aleutian Islands golden king crab (west
				  of 174º W. long.) (WAG);
(5)
				  Saint Matthew Island Section blue king crab (SMB);
(6) Pribilof District red and blue king crab
				  (PIK);
(7) Bering Sea snow crab
				  (BSS);
(8) Bering Sea Tanner crab
				  (east of 166º W. long.) (EBT);
(9) Bering Sea Tanner crab (west of 166º
				  W. long.) (WBT).
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 39 - General Provisions › Article 6 - Shellfish Fishery › 5 AAC 39.675 - Crab pot gear storage for Bering Sea/Aleutian Islands IFQ, CDQ, and Adak community allocation crab fisheries

Current through May 31, 2024
(a) Notwithstanding
				  any other provision of 5 AAC 34 - 5 AAC 35, king and Tanner crab pots may be
				  stored outside of a designated storage area specified in
				  5 AAC 34.052 and
				  5 AAC 35.052 with all bait and bait containers removed
				  and doors secured fully open for up to 14 days following the completion of
				  fishing operations in a registration area. King and Tanner crab pots must be
				  removed from the water or placed in long-term storage if left unattended for 14
				  days or longer. A vessel's registration is invalid after 14 days of inactivity
				  in a registration area.
(b) For the
				  purposes of this section, a vessel is considered to have completed fishing
				  operations if the
(1) vessel operator
				  contacts the department in Dutch Harbor to invalidate the vessel registration
				  for that species and registration area within 72 hours of operating the last
				  pot gear in the registration area;
(2) pot gear belonging to that vessel is
				  removed from the water, placed into long-term storage, or is transferred to a
				  recipient vessel as specified in
				  5 AAC 39.670(c) (2).
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 39 - General Provisions › Article 6 - Shellfish Fishery › 5 AAC 39.685 - Operation of other gear for Bering Sea/Aleutian Islands IFQ crab fisheries

Current through May 31, 2024
Persons and vessels participating in the Bering Sealeutian
					 Islands IFQ crab fisheries are exempt from the requirements specified in
					 5 AAC 34.053(1),
					 5 AAC 35.053(1), and
					 5 AAC 34.628.
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 6 - Shellfish Fishery › 5 AAC 39.690 - Bering Sea/Aleutian Islands King and Tanner Crab Community Development Quota (CDQ) Fisheries Management Plan

Current through May 31, 2024
(a) Male red, blue,
				  and golden king crab and male Tanner crab may be taken in a Bering Sea/Aleutian
				  Islands CDQ fishery only under the conditions of a permit issued by the
				  commissioner. In Registration Area O, west of 174º W. long., male golden
				  king crab may only be taken under the conditions of a permit issued by the
				  commissioner for the community of Adak. The community of Adak golden king crab
				  allocation will be managed under the CDQ regulations specified in this section.
				  Female crab of these species may not be taken.
(b) In the Bering Sea/Aleutian Islands CDQ
				  fishery,
(1) male golden king crab may only
				  be taken in Registration Area O as described in
				  5 AAC 34.600 and male red king crab may only be taken in
				  that portion of Registration Area O west of 179º W. long. as described in
				  5 AAC 34.600;
(2) male red king crab may be taken only in
				  Registration Area T as described in
				  5 AAC 34.800, and male red and blue king crab may be
				  taken only in Registration Area Q as described in
				  5 AAC 34.900; and
(3) male Tanner crab may be taken only in the
				  Bering Sea District of Registration Area J as described in
				  5 AAC 35.505(e).
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 39 - General Provisions › Article 6 - Shellfish Fishery › 5 AAC 39.695 - American Fisheries Act (AFA) Bering Sea and Bristol Bay Crab Fisheries Management Plan (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 39 - General Provisions › Article 7 - Commercial Freshwater Fishery › 5 AAC 39.734 - Identification of gear

Current through May 31, 2024
All freshwater fishing gear, while in operation, must be
					 plainly and legibly marked with the operator's name and permanent vessel
					 license plate number of the vessel fishing the gear or the fishing permit
					 number assigned by the department.
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 7 - Commercial Freshwater Fishery › 5 AAC 39.780 - Permit required

Current through May 31, 2024
(a) Whitefish, sheefish, char, trout, pike,
				  burbot and lamprey in fresh and salt water may be taken or purchased under the
				  authority of a permit issued by the commissioner or the commissioner's
				  designee. Smelt may only be taken by, or purchased from, a person who meets the
				  requirements of
				  AS
				  16.05.660 and only under the authority of a
				  permit issued by the commissioner or the commissioner's designee.
(b) The permit may be issued to either the
				  fisherman or the buyer.
(c) These
				  species, when taken incidentally in conjunction with commercial salmon fishing,
				  are legally taken and possessed without a permit, unless otherwise provided in
				  this title.
(d) The following
				  stipulations apply to both the permit holder or buyer and to fishermen selling
				  their catch to the buyer:
(1) the time and
				  area of fishing and type and amount of fishing gear may be
				  designated;
(2) the species to be
				  harvested may be designated and the number of fish may be limited.
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 39 - General Provisions › Article 9 - Definitions; Miscellaneous › 5 AAC 39.995 - Water depth

Current through May 31, 2024
Unless otherwise specified, water depths in 5 AAC 01 - 5
					 AAC 39 are to be measured from mean lower low water.
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 9 - Definitions; Miscellaneous › 5 AAC 39.997 - Abbreviations and symbols

Current through May 31, 2024
(a) The
				  abbreviations a.m. and p.m. indicate antemeridian and postmeridian respectively
				  for either Standard Time or Daylight Saving Time in conformance with the
				  official time in use for Alaska.
(b) The symbols °,', ", indicate degrees,
				  minutes, and seconds, respectively, of longitude or latitude, based upon the
				  World Geodetic System 1984,
(c)
				  Lat. and long. indicate latitude and longitude, respectively.
(d) E. indicates east, N. indicates north, W.
				  indicates west, and S. indicates south. All bearings and directions shall be
				  construed to be true bearings and true directions.
(e) ADF&G is the abbreviation for Alaska
				  Department of Fish and Game.
(f)
				  CFEC is the abbreviation for the Commercial Fisheries Entry
				  Commission.
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 9 - Definitions; Miscellaneous › 5 AAC 39.998 - Petition policy for Category 2 management measures in a Bering Sea/Aleutian Islands king or Tanner crab fishery

Current through May 31, 2024
The Board of Fisheries recognizes that in rare instances,
					 circumstances may require regulatory changes outside the process described in
					 5 AAC 96.625(b) - (d). Notwithstanding
					 5 AAC 96.625(f), a petition for a
					 regulatory change may be submitted under this section and
					 5 AAC 96.625(a) for a Category 2
					 management measure in a Bering Sea/Aleutian Islands king or Tanner crab fishery
					 described in the federal Fishery Management Plan (FMP) for the Commercial King
					 and Tanner Crab Fisheries in the Bering Sea/Aleutian Islands dated January 24,
					 1989. It is the policy of the Board of Fisheries that a petition submitted
					 under this section will be denied and not scheduled for hearing unless the
					 petition
(1) addresses a Category 2
				  management measure and is filed within 30 days from the date that the board
				  adopted that Category 2 management measure;
(2) presents an issue that is not solely
				  allocative; and
(3) presents new
				  legal, biological, or management information that indicates the regulation may
				  not be consistent with the federal FMP.
Copies of the federal Fishery Management Plan (FMP) for
						the Commercial King and Tanner Crab Fisheries in the Bering Sea/Aleutian
						Islands dated January 24, 1989 are available from the Office of the North
						Pacific Fishery Management Council at 605 West Fourth Avenue, Room 306,
						Anchorage, Alaska, or by writing to the council at P.O. Box 103136, Anchorage,
						Alaska 99510-3136.
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 9 - Definitions; Miscellaneous › 5 AAC 39.999 - Policy for changing board agenda

Current through May 31, 2024
(a) The Board of
				  Fisheries (board) will, in its discretion, change its schedule for
				  consideration of a proposed regulatory change in response to an agenda change
				  request, submitted on a form provided by the board, in accordance with the
				  following guidelines:
(1) the board will
				  accept an agenda change request only
(A) for
				  a fishery conservation purpose or reason;
(B) to correct an error in a regulation;
				  or
(C) to correct an effect on a
				  fishery that was unforeseen when a regulation was adopted;
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 40 - Private Nonprofit Salmon Hatcheries › Article 1 - General › 5 AAC 40.007 - Gear and fishing periods

Current through May 31, 2024
(a) The
				  commissioner may authorize legal gear for cost recovery either through the
				  hatchery permit or by regulation.
(b) Fishing periods for each gear type may be
				  modified by emergency order as needed to protect the public interest or wild
				  stocks.
(c) The hatchery operator
				  shall obtain the appropriate special harvest area entry permits from the
				  Commercial Fisheries Entry Commission. The hatchery operator may also contract
				  with licensed commercial fishermen to conduct the harvest.
(d) The commissioner may define a unit of
				  gear to be used and under a special harvest area entry permit for that gear
				  type.
Authority:
AS
						16.05.060
AS 16.05.251
AS
						16.05.270
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 40 - Private Nonprofit Salmon Hatcheries › Article 1 - General › 5 AAC 40.010 - Modifications of applicable regulations

Current through May 31, 2024
(a) Hatchery permit
				  holders shall, with respect to salmon harvested by them (or their agents,
				  contractees, or employees), comply with applicable provisions of
				  5 AAC 39.130(a) and (b) as though they
				  were a purchaser of fish.
(b)
				  Hatchery permit holders harvesting salmon within a special harvest area, to the
				  extent those salmon are used as egg sources for broodstock, will be exempted by
				  the commissioner from the provisions of
				  AS
				  16.05.831 if the permit holder so requests.
				  The commissioner may condition the exemption on terms he considers necessary to
				  carry out the intent of
				  AS
				  16.05.831.
(c) Hatchery permit holders conducting a
				  hatchery harvest of salmon within a special harvest area are exempt from the
				  provisions of
				  5 AAC 39.290.
(d) Fishermen taking salmon in a special
				  harvest area under authorization from the hatchery permit holder and operating
				  under a special harvest area entry permit are exempt from the provisions of
				  5 AAC 39.120.
Authority:
AS
						16.05.050
AS 16.05.060
AS 16.05.251
AS 16.05.831
AS 16.05.920
AS 16.10.420 -
16.10.440
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 40 - Private Nonprofit Salmon Hatcheries › Article 1 - General › 5 AAC 40.015 - Prohibitions

Current through May 31, 2024
It is unlawful for any person to violate the provisions of
					 this chapter.
Authority:
AS
						16.05.050
AS 16.05.060
AS 16.05.251
AS 16.05.831
AS 16.05.920
AS 16.10.420 -
16.10.440
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 40 - Private Nonprofit Salmon Hatcheries › Article 2 - Special Harvest Areas › 5 AAC 40.030 - District 13: Sheldon Jackson Special Harvest Areas

Current through May 31, 2024
(a) There are
				  established under the provisions of
				  5 AAC 40.005 the following Sheldon Jackson Special
				  Harvest Areas:
(1) the Sheldon Jackson
				  Hatchery Special Harvest Area for pink, chum, and king salmon consists of the
				  waters of Crescent Bay and Eastern Anchorage enclosed by a line from the
				  northernmost end of the John O'Connell Bridge to the southernmost end of the
				  bridge to the northeasternmost tips of Aleutski Island, Turning Island, Kutkan
				  Island, and Morne Island, to the Twin Islands Light, to a point on the Baranof
				  Island shore at 57° 02.68' N. lat., 135° 18.90' W. long., and will be
				  open for harvest by the hatchery permit holder from 12:01 a.m. July 20 until
				  11:59 p.m. September 15;
(2) the
				  Sheldon Jackson Hatchery Special Harvest Area for coho salmon consists of all
				  waters enclosed by a line from the southeast corner of the Crescent Harbor
				  breakwater at 57° 02.95' N. lat., 135° 19.50' W. long. to a point on
				  the beach approximately 150 yards southeast of the hatchery stream outlet at
				  57° 02.92' N. lat., 135° 19.38' W. long., and will be open for harvest
				  by the hatchery permit holder from 12:01 a.m. August 15 until 11:59 p.m.
				  October 31.
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 40 - Private Nonprofit Salmon Hatcheries › Article 2 - Special Harvest Areas › 5 AAC 40.032 - District 11 and District 15: Douglas Island Pink and Chum (DIPAC) Special Harvest Area

Current through May 31, 2024
(a) The following special harvest areas are
				  established for Douglas Island Pink and Chum (DIPAC):
(1) Gastineau Channel Special Harvest Area:
				  the waters east of 134º 29.25' W. long. (near Salmon Creek) and west of
				  134º 17.38' W. long. (approximately one mile north of Dupont
				  Dock);
(2) Amalga Harbor Special
				  Harvest Area: the waters enclosed by a line from the Shrine of St. Terese to
				  the southernmost tip of Bird Island to the northernmost tip of Gull Island to a
				  point on the eastern mainland shore at 58º 30.80' N. lat.;
(3) Boat Harbor Special Harvest Area: the
				  waters within one mile of the western shoreline of Lynn Canal south of 58º
				  40' N. lat. to a point 2.4 miles north of Point Whidbey at 58º 37.05' N.
				  lat., including the waters inside Boat Harbor;
(4) Speel Arm Special Harvest Area: the
				  waters of Speel Arm north of 58º 03.42' N. lat.
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 40 - Private Nonprofit Salmon Hatcheries › Article 2 - Special Harvest Areas › 5 AAC 40.033 - Douglas Island pink and chum Special Harvest Area - Sheep Creek (Repealed)

Current through May 31, 2024
As of Register 130, 4/23/94, the substance of former
						5 AAC 40.033 appears in
						5 AAC 40.032.
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 40 - Private Nonprofit Salmon Hatcheries › Article 2 - Special Harvest Areas › 5 AAC 40.035 - Prince William Sound Aquaculture Corporation Special Harvest Area - San Juan (Repealed)

Current through May 31, 2024
As of Register 130, July 1994, the substance of former
						5 AAC 40.035 is contained in
						5 AAC 24.365.
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 40 - Private Nonprofit Salmon Hatcheries › Article 2 - Special Harvest Areas › 5 AAC 40.037 - Nerka Corporation Special Harvest Area - Perry Island

Current through May 31, 2024
(a) There is
				  established the Nerka Corporation Special Harvest Area, consisting of all
				  waters of South Bay, Perry Island, enclosed by a line from Meares Point Light
				  on the west side of the bay easterly two nautical miles to an exposed reef and
				  the north one-half mile to the east side of the bay.
(b) A hatchery permit holder harvesting
				  salmon within the special harvest area is exempt from the provisions of
				  5 AAC 24.310 -
				  5 AAC 24.320 except as may be specifically provided by
				  emergency order. The hatchery permit holder may harvest salmon within the
				  special harvest area during periods opened and closed by emergency
				  order.
(c) Notwithstanding
				  5 AAC 24.330, legal gear for the hatchery permit holder
				  in the special harvest area is a set gillnet. However, if the commissioner and
				  the permit holder determine that set gillnet gear is unsatisfactory, the
				  commissioner may open the special harvest area for hatchery harvest with beach
				  seine or purse seine.
Authority:
AS
						16.05.050
AS 16.05.060
AS 16.05.251
AS 16.05.920
AS 16.10.420 -
16.10.440
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 40 - Private Nonprofit Salmon Hatcheries › Article 2 - Special Harvest Areas › 5 AAC 40.038 - Solomon Gulch Special Harvest Area - Valdez (Repealed)

Current through May 31, 2024
As of Register 130, July 1994, the substance of former
						5 AAC 40.038 is contained in
						5 AAC 24.366.
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 40 - Private Nonprofit Salmon Hatcheries › Article 2 - Special Harvest Areas › 5 AAC 40.039 - Burnett Inlet

Current through May 31, 2024
(a) There is established the Burnett Inlet
				  Special Harvest Area, for the Southern Southeast Regional Aquaculture
				  Association Burnett Inlet Hatchery, consisting of all waters of Burnett Inlet,
				  Etolin Island, north of 56° 06' N. lat. and south of 56° 10.83' N.
				  lat.
(b) A hatchery permit holder
				  harvesting salmon within the special harvest area is exempt from the provisions
				  of 5 AAC 33.310. Fishing periods for
				  the hatchery permit holder will be opened and closed by emergency order by gear
				  type.
(c) Notwithstanding
				  5 AAC 33.330, legal gear for the hatchery permit holder
				  in the special harvest area are beach seine, purse seine, hand purse seine, and
				  drift gillnet.
Authority:
AS
						16.05.050
AS 16.05.060
AS 16.05.251
AS 16.05.920
AS 16.10.420
AS
						16.10.440
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 40 - Private Nonprofit Salmon Hatcheries › Article 2 - Special Harvest Areas › 5 AAC 40.041 - Herring Bay Special Harvest Area - Ketchikan

Current through May 31, 2024
(a) There is
				  established a Herring Bay Special Harvest Area for the Southern Southeast
				  Regional Aquaculture Association Whitman Lake Hatchery, consisting of the
				  waters of Herring Creek and Cove bound by the hatchery water outlet and a line
				  from a point of land on George Inlet at the east side of Lot 39, USS 3397,
				  bearing 18º 12' to a point of land on the southern edge of Lot 91, USS
				  2403.
(b) A hatchery permit holder
				  harvesting salmon within the special harvest area is exempt from the provisions
				  of 5 AAC 33.310. The open fishing
				  season within the Herring Bay Special Harvest Area for the hatchery permit
				  holder is from June 1 through October 31. Additional fishing periods may be
				  established by emergency order.
(c)
				  Notwithstanding
				  5 AAC 33.330, legal gear for the hatchery permit holder
				  in the special harvest area is beach seine, purse seine, and dip net. Gillnets
				  may be used by the hatchery operator in the special harvest area for taking
				  king and coho salmon broodstock.
(d) That portion of the special harvest area
				  between the hatchery outlet and the terminus of Herring Creek may be closed to
				  sport fishing. The remainder of the special harvest area may not be closed to
				  sport fishing unless hatchery broodstock needs are jeopardized.
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 40 - Private Nonprofit Salmon Hatcheries › Article 2 - Special Harvest Areas › 5 AAC 40.043 - Neets Bay Special Harvest Area - Behm Canal

Current through May 31, 2024
(a) There is
				  established a Neets Bay Special Harvest Area for the Southern Southeast
				  Regional Aquaculture Association harvest of coho and chum returns to the Neets
				  Bay release site, consisting of all waters of Neets Bay east of the longitude
				  of the easternmost tip of Bug Island.
(b) A hatchery permit holder harvesting
				  salmon within the special harvest area is exempt from the provisions of
				  5 AAC 33.310. The open fishing season within the Neets
				  Bay Special Harvest Area for the hatchery permit holder is from June 1 through
				  October 31. Additional fishing periods may be established by emergency
				  order.
(c) Notwithstanding
				  5 AAC 33.330, legal gear for the hatchery permit holder
				  in the special harvest area is purse seine, beach seine, gillnet, and troll
				  gear. The hatchery permit holder may use floating weirs in waters of the
				  special harvest area east of 131º 33' W. long.
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 40 - Private Nonprofit Salmon Hatcheries › Article 2 - Special Harvest Areas › 5 AAC 40.044 - Burro Creek Farms Special Harvest Area - Taiya Inlet (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 40 - Private Nonprofit Salmon Hatcheries › Article 2 - Special Harvest Areas › 5 AAC 40.045 - Nakat Inlet Special Harvest Area

Current through May 31, 2024
(a) There is
				  established a Nakat Inlet Special Harvest Area for the Southern Southeast
				  Regional Aquaculture Association harvest of chum and coho salmon returns to the
				  Nakat Inlet release site, consisting of all waters of Nakat Inlet north of
				  Surprise Point at 54º 49.10' N. lat., and west of 130º 42.75' W.
				  long.
(b) The hatchery permit
				  holder harvesting salmon within the special harvest area is exempt from the
				  provisions of
				  5 AAC 33.310. Fishing periods for the hatchery permit
				  holder will be established by emergency order by gear type.
(c) Notwithstanding
				  5 AAC 33.330, legal gear for the hatchery permit holder
				  in the special harvest area are purse seine, gillnet, troll and beach
				  seine.
Authority:
AS
						16.05.050
AS 16.05.060
AS 16.05.251
AS 16.05.920
AS 16.10.420 -
16.10.440
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 40 - Private Nonprofit Salmon Hatcheries › Article 2 - Special Harvest Areas › 5 AAC 40.046 - Tutka Bay Lagoon Special Harvest Area - Tutka Bay (Expired)

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 40 - Private Nonprofit Salmon Hatcheries › Article 2 - Special Harvest Areas › 5 AAC 40.050 - District 1: Carroll Inlet Special Harvest Area

Current through May 31, 2024
(a) There is
				  established a Carroll Inlet Special Harvest Area for the Southern Southeast
				  Regional Aquaculture Association harvest of chinook salmon returns to the
				  Carroll Inlet release site, consisting of the waters of Carroll Inlet north of
				  the latitude of Nigelius Point at 55º 33.50' N. lat., 131º 21.14' W.
				  long.
(b) A hatchery permit holder
				  harvesting salmon within the special harvest area is exempt from the provisions
				  of 5 AAC 33.310. The open fishing season within the Canoil Inlet Special
				  Harvest Area for the hatchery permit holder is from June 1 through July 15
				  during fishing periods established by emergency order.
(c) Notwithstanding
				  5 AAC 33.330, legal gear for the hatchery permit holder
				  in the special harvest area is purse seine, beach seine, gillnet, and troll
				  gear.
Authority:
AS
						16.05.060
AS
						16.05.251
AS 16.10.440