Current through August 30, 2024
(a) The management
plan in this section governs the harvest of Pacific cod in the Chignik
Area.
(b) Each year the
commissioner shall open and close, by emergency order, a parallel season in the
Chignik Area corresponding to the federal Central Gulf of Alaska Area and the
federal Western Gulf of Alaska Area, during which use of the gear allowed in
the federal seasons for Pacific cod is permitted, unless that gear is
prohibited under
5
AAC 28.050 or
5
AAC 28.530. A person may not operate a vessel in a
parallel season for Pacific cod that is more than 58 feet in overall
length.
(c) Each year the
commissioner shall open and close, by emergency order, a state-waters season in
the Chignik Area for mechanical jigging machine and hand troll gear and for pot
gear. For purposes of this section, when a state-waters season for Pacific cod
is opened to mechanical jigging machine and hand troll gear or pot gear, the
parallel season for the applicable gear type is closed. During a state-waters
season,
(1) mechanical jigging machine and
hand troll gear is allocated 10 percent of the annual Chignik Area guideline
harvest level; and
(2) pot gear is
allocated 90 percent of the annual Chignik Area guideline harvest
level.
(d) The seasons
for mechanical jigging machine and hand troll gear are as follows:
(1) the state-waters season shall open on
March 15;
(2) the state-waters
season for mechanical jigging machine and hand troll gear shall close when the
mechanical jigging machine and hand troll gear allocation is taken or on
December 31, whichever occurs first; if the allocation is not taken by June 8,
the commissioner shall close the state-waters season for mechanical jigging
machine and hand troll gear on June 8 or later based on in season assessment of
effort, harvest rate, or remaining Pacific cod guideline harvest
level;
(3) the parallel season that
coincides with the federal Central Gulf of Alaska jig gear "B" season shall
open on June 10 or later based on in season assessment of effort, harvest rate,
or remaining Pacific cod guideline harvest level;
(4) repealed 2/21/2019.
(e) The seasons for pot gear are as follows:
(1) the parallel season for pot gear shall
close when the federal Central Gulf of Alaska pot gear "A" season is closed;
the state-waters season shall open March 1 or seven days after the closure of
the parallel season for pot gear, whichever is later;
(2) the state-waters season for pot gear
shall close when the pot gear allocation is taken or on December 31, whichever
occurs first;
(3) the parallel
season that coincides with the federal Central Gulf of Alaska pot gear "B"
season shall open 48 hours after the guideline harvest level is achieved or on
October 30, whichever occurs first.
(f) If the state-waters season guideline harvest level
is not taken
(1) August 14, the commissioner
may close, by emergency order, the state-waters season for pot gear and
immediately reopen a state-waters season during which all legal gear may be
used, and shall close, by emergency order, the season on October 30 or when the
guideline harvest level is achieved, whichever occurs first; or
(2) the conclusion of the federal Central
Gulf of Alaska pot gear "B" season, the commissioner may reopen a state-waters
season during which all legal gear may be used, and shall close, by emergency
order, the season on December 31 or when the guideline harvest level is
achieved, whichever occurs first.
(g) The commissioner may open and close, by
emergency order, fishing seasons at times other than those specified in this
section if the commissioner determines it is necessary to
(1) adapt to unanticipated openings and
closures of the federal season;
(2)
maintain sustained yield management; or
(3) provide for orderly fisheries.
(h) During a state-waters season,
(1) the guideline harvest level for Pacific
cod in the Chignik Area is 8.75 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 pots, mechanical jigging machines, and hand troll gear, as follows:
(A) except as provided in (j) 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
pot gear or with mechanical jigging machines 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 Kodiak, or other locations specified by the
department, for validation, and that registration has been validated by the
department;
(D) a vessel registered
to take Pacific cod may not be longer than 58 feet in overall length;
(E) notwithstanding
5
AAC 28.532(a), during the seven days
immediately following the opening of the state-waters season, an operator of a
vessel registered to fish for Pacific cod may store or transport groundfish
pots in excess of the pot limit established in (A) of this paragraph if the
pots are
(i) stored in waters not more than
25 fathoms deep as described in
5
AAC 28.532(a); or
(ii) being transported on board the vessel
and are not marked with identification tags.
(i) The Chignik Area is a super
exclusive registration area for Pacific cod during a state-waters
season.
(j) If at any time after
the dates set forth below the commissioner determines that the guideline
harvest level for Pacific cod will not be achieved by December 31, the
commissioner may close, by emergency order, the fishing season and immediately
reopen a state-waters season during which the following may be implemented to
increase the harvest rate in an attempt to reach the guideline harvest level;
(1) after August 14, if needed, removal of
the limits on the number of groundfish nots and mechanical jigging machines
that may be operated from a vessel;
(2) after October 30, if needed, allow a
vessel of any size to register and fish for Pacific cod in the Chignik
Area.
(k) If the season
is closed and immediately reopened under (f)(1) or (j) of this section, a
vessel participating in the state-waters season when it was closed is not
required to comply with the requirements of
5
AAC 28.541 until the season is closed again.
(l) If the allocation for mechanical jigging
machines and hand troll gear specified in (c) of this section is harvested in
any calendar year, the allocation will be increased an additional five percent
of the guideline harvest level beginning the next calendar year, and the pot
gear allocation will be reduced by five percent accordingly. If the increased
allocation for mechanical jigging machines and hand troll gear is harvested in
any calendar year thereafter, the allocation will again be increased an
additional five percent beginning the next calendar year, until the allocation
for mechanical jigging machines and hand troll gear reaches 25 percent of the
guideline harvest level.
(m) If a
state-waters and federal Pacific cod season are open concurrently for the same
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 Chignik Area must be invalidated before that
vessel may participate in any other Pacific cod season;
(3) registration for a state-waters season
may occur only in person or by facsimile from 8:00 a.m. to 5:00 p.m. on a
working day at a department office designated by the department; and
(4) all groundfish on board a vessel must be
landed before that vessel may have the vessel's registration invalidated or be
registered for state-waters season for Pacific cod in the Chignik
Area.
(n) If a
state-waters season and federal season for Pacific cod are open concurrently
for a different gear type, a vessel may not participate in a state-waters
season and any other Pacific cod season at the same time.
Authority:AS
16.05.060
AS
16.05.251
