Current through August 30, 2024
(a) The management
plan in this section governs the harvest of Pacific cod in the South Alaska
Peninsula Area.
(b) Each year the
commissioner shall open and close, by emergency order, a parallel season in the
South Alaska Peninsula Area during which use of gear allowed in the federal
season for Pacific cod in the Western Gulf of Alaska Area is permitted, unless
that gear is prohibited under
5
AAC 28.050 or
5
AAC 28.570. A vessel participating in a parallel
season for Pacific cod may not be 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 South Alaska Peninsula Area for mechanical jigging machine and hand troll
gear and for pot gear. For the 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 15 percent of the annual South
Alaska Peninsula Area guideline harvest level; and
(2) pot gear is allocated 85 percent of the
annual South Alaska Peninsula 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 48
hours after the closure of the federal Western Gulf of Alaska jig gear "A"
season; if the federal "A" season has not closed by March 15, the commissioner
may open the state-waters season based on in season assessment of effort,
harvest rate, or remaining federal Pacific cod quota;
(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; if the allocation to the
state-waters season for mechanical jigging machine and hand troll gear 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 Western 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) the state-waters season shall reopen 48
hours after the closure of the federal Western Gulf of Alaska jig gear "B"
season if the mechanical jigging machine and hand troll gear allocation has not
been taken.
(e) The
seasons for pot gear are as follows:
(1) the
state-waters season shall open 12:00 noon on March 7 or seven days following
the closure of the federal Western Gulf of Alaska pot gear "A" season,
whichever is later;
(2) the
state-waters season for pot gear shall close when the pot gear allocation is
taken; if the allocation to the state-waters season for pot gear is not taken
by August 28, the commissioner shall close the state-waters season for pot gear
on August 28;
(3) the parallel
season that coincides with the federal Western Gulf of Alaska pot gear "B"
season shall open on September 1.
(f) If the state-waters season guideline
harvest level is not taken by the conclusion of the federal Western 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 South Alaska Peninsula Area is 30 percent
of the estimated total allowable harvest of Pacific cod for the federal Western
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 S AAC 28.571(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 28.571(a); or
(ii) being transported on board the vessel
and are not marked with identification tags.
(i) The South Alaska Peninsula
Area is an exclusive registration area for Pacific cod during a state-waters
season.
(j) If at any time after
October 30 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 shall be implemented to increase the harvest
rate in an attempt to reach 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 South Alaska Peninsula Area as a nonexclusive registration area for
Pacific cod;
(3) if needed, allow a
vessel of any size to register and fish for Pacific cod in the South Alaska
Peninsula Area.
(k) If
the season is closed and immediately reopened under (j) 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 28.581 until the season is closed again.
(l) The opening of the state-waters season
for vessels using pot gear will be delayed for 24 hours if the National Weather
Service marine forecast issued at 4:00 a.m. on the scheduled opening date
specified in (e)(1) of this section contains a gale warning. If, after the
initial weather delay, the following day's 4:00 a.m. National Weather Service
marine forecast contains a gale warning, the opening of the state-waters season
will be delayed an additional 24 hours. The season opening delays may continue
on a rolling 24-hour basis for not more than seven days beyond the initial
opening date. The season will open not later than seven days after the
scheduled opening date as specified in (e)(1) of this section regardless of any
gale warning forecast. For the purposes of this subsection, the corresponding
National Weather Service marine forecast area for the South Alaska Peninsula
Area is Area PKZ155.
(m) In the
state-waters season, a vessel owner or operator using pot gear must report, as
specified in the registration form, to the local representative of the
department by radio or telephone
(1) the
number of pot lifts conducted from the vessel in the previous 24-hour reporting
period;
(2) the pounds of Pacific
cod retained on the vessel during the previous 24-hour period; and
(3) any other information that the
commissioner determines is necessary for the management and conservation of the
fishery.
(n) 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 South Alaska Peninsula 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 a state-waters season for Pacific cod in the
South Alaska Peninsula Area.
(o) 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
