Current through August 30, 2024
(a) The management plan in this section
governs the harvest of Pacific cod in the Cook Inlet Area.
(b) Each year the commissioner
(1) shall open and close, by emergency order,
a parallel season in the Cook Inlet Area to coincide with the initial federal
season in the federal Central Gulf of Alaska Area during which the use of the
gear allowed in the federal season for Pacific cod is permitted, unless use of
that gear is prohibited under
5
AAC 28.050,
5
AAC 28.330, or
5
AAC 28.350;
(2) may open and close, by emergency order, a
parallel season to coincide with the federal Central Gulf of Alaska Area "B"
season, during which the use of the gear allowed in the federal season for
Pacific cod is permitted, unless use of that gear is prohibited under
5
AAC 28.050,
5
AAC 28.330, or
5
AAC 28.350.
(c) The commissioner shall open, by emergency
order, a state-waters season for mechanical jigging machine and hand troll gear
and groundfish pot gear in the Cook Inlet Area 24 hours following the closure
of the initial federal season in the federal Central Gulf of Alaska Area for
jig gear and pot gear and shall close or reopen, by emergency order, the
state-waters season, as follows:
(1) close
the state-waters season for mechanical jigging machine and hand troll gear when
15 percent of the guideline harvest level is taken by mechanical jigging
machine and hand troll gear, a parallel season for mechanical jigging machine
and hand troll gear is opened under (b)(2) of this section, or December 31,
whichever occurs first; if 90 percent of the mechanical jigging machine and
hand troll gear allocation is reached in any calendar year, the allocation to
that gear will increase by five percent beginning the following calendar year
to a maximum of 25 percent;
(2)
close the state-waters season for pot gear when a maximum of 85 percent of the
guideline harvest level, or the percentage of the guideline harvest level as
adjusted by any change in the mechanical jigging machine and hand troll gear
allocation as specified in (1) of this subsection, is taken by pot gear, a
parallel season for pot gear is opened under (b)(2) of this section, or
December 31, whichever occurs first;
(3) if there is any guideline harvest level
remaining on September 1, the commissioner may close, by emergency order, the
state-waters season and immediately reopen a state-waters season to all legal
gear on September 1, or following the closure of a parallel season; the
state-waters season will close on December 31 or when the guideline harvest
level is reached, whichever occurs first; if the season is closed and
immediately reopened under this paragraph, a vessel participating in the
state-waters season when it was closed will not be required to comply with the
landing requirements of
5
AAC 28.371 until the season is closed again;
(4) close the state-waters season for vessels
longer than 58 feet in overall length fishing with pot gear when 25 percent of
the guideline harvest level has been taken by those vessels, unless the
state-waters season for pot gear has already been closed for the remainder of
the season under (2) of this subsection; this restriction does not apply if the
season for pot gear is still open under (3) of this subsection.
(d) The commissioner may open and
close, by emergency order, fishing seasons at times other than those specified
in this management plan if the commissioner determines it is necessary to
(1) adapt to unanticipated openings and
closures of the federal season;
(2)
maintain sustained yield management;
(3) provide for orderly fisheries;
or
(4) allow for a concurrent
state-waters season and federal season for Pacific cod based on inseason
assessment of effort, harvest rate, or remaining Pacific cod quota.
(e) During a state-waters season,
(1) the guideline harvest level for Pacific
cod in the Cook Inlet Area is 3.75 percent of the estimated total allowable
harvest of Pacific cod for the federal Central Gulf of Alaska Area;
(2) Pacific cod may be taken only with
groundfish pot gear, mechanical jigging machines, and hand troll gear, as
follows:
(A) except as provided in (g) of
this section, no more than 60 groundfish pots may be operated from a vessel
registered to fish for Pacific cod;
(B) no more than five mechanical jigging
machines may be operated from a vessel registered to fish for Pacific
cod;
(C) in addition to the
requirements of
5
AAC 28.020, a vessel must be registered to fish with
groundfish pot gear or with mechanical jigging machine and hand troll gear (jig
gear), and may not simultaneously be registered to fish with more than one gear
type; a vessel's gear registration may be changed during a state-waters season
to a different gear registration if the owner, or the owner's agent, submits a
written request for a change in registration by mail, facsimile, or in person,
to the department office in Homer, or other locations specified by the
department, for validation, and that registration has been validated by the
department.
(f) The Cook Inlet Area is an exclusive
registration area for Pacific cod during a state-waters season.
(g) If at any time after October 30 the
commissioner determines that the guideline harvest level for Pacific cod will
not be reached by December 31, the commissioner may close, by emergency order,
the fishing season and immediately reopen a state-waters season during which
the following shall be implemented to increase the harvest rate to achieve the
guideline harvest level:
(1) removal of the
limits on the number of groundfish pots and mechanical jigging machines that
may be operated from a vessel;
(2)
if needed, designation of the Cook Inlet Area as a nonexclusive registration
area for Pacific cod.
(h) If the season is closed and immediately
reopened under (g) of this section, a vessel participating in the state-waters
season when it was closed will not be required to comply with the landing
requirements of
5
AAC 28.371 until the season is closed again.
(i) If a state-waters season and a federal
season for Pacific cod are opened concurrently for the same gear type or for a
different gear type,
(1) a vessel may not
participate in a state-waters season and any other Pacific cod season at the
same time;
(2) a vessel's
registration for the state-waters season in the Cook Inlet Area must be
invalidated and all groundfish on board that vessel must be landed before that
vessel may participate in any other concurrent Pacific cod season;
(3) registration for a state-waters season
may only occur in person or by facsimile from 8:00 a.m. to 5:00 p.m. on a
working day at the department office in Homer, or other locations specified by
the department; and
(4) all
groundfish on board a vessel must be landed before that vessel may be
registered for a Cook Inlet Area state-waters season for Pacific cod.
(j) A vessel participating in a
parallel Pacific cod season in the Cook Inlet Area may not operate gear in any
other registration area during the same trip.
Authority:AS
16.05.060
AS
16.05.251
