Alaska Administrative Code
Title 5 - Fish and Game
Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries
Chapter 32 - Dungeness Crab Fishery
Article 2 - General Specifications and Restrictions
5 AAC 32.053 - Operation of other pot gear
Universal Citation: 5 AK Admin Code 32.053
Current through August 30, 2024
(a) Unless otherwise specified in this chapter, the provisions of this section apply to persons and vessels used in a commercial Dungeness crab fishery.
(b) Except as provided in (e) of this section, a person may not participate in a commercial Dungeness crab fishery in a Dungeness crab registration area if the person
(1) operated commercial, subsistence, sport,
or personal use pots of any type during the 14 days immediately before the
opening of a commercial Dungeness crab fishery in the registration area where
the fishing with pots occurred; or
(2) operates a vessel that was used or
operated by the person or by another person operating pots of any type in a
commercial, subsistence, sport, or personal use fishery during the 14 days
immediately before the opening of the commercial Dungeness crab fishery in the
registration area where the fishing with pots occurred.
(c) A person who participated in a commercial Dungeness crab fishery in a Dungeness crab registration area
(1) may not operate commercial, subsistence,
sport, or personal use pots of any type in that registration area during the 14
days immediately following the close of the Dungeness crab fishery unless
(A) the person removes from the water the
pots that are used and marked for the commercial Dungeness crab fishery or puts
the pots in storage, as specified in
5
AAC 32.052, and contacts, in person, the local
representative of the department in the registration area and makes a request
that the vessel's Dungeness crab registration be canceled, and the department
cancels the vessel's Dungeness crab registration; or
(B) pots that are used and marked for the
commercial Dungeness crab fishery are lawful gear for another fishery, the
person who operates the pots holds a valid ADF&G or CFEC permit for the
other fishery, and the person contacts, in person, the local representative of
the department and makes a request that the vessel's Dungeness crab
registration be canceled and the department cancels the vessel's Dungeness crab
registration; or
(2) may
not operate commercial, subsistence, sport, or personal use pots in that
registration area during the 14 days immediately following the close of the
Dungeness crab fishery from a vessel that was used or operated by the person or
by another person in the commercial Dungeness crab fishery in the Dungeness
crab registration area unless
(A) the person
who used or operated the vessel in the commercial Dungeness crab fishery
removes from the water all pots that are used and marked for the commercial
Dungeness crab fishery or puts the pots in storage, as specified in
5
AAC 32.052, and contacts, in person, the local
representative of the department in the registration area and makes a request
that the vessel's Dungeness crab registration be canceled, and the department
cancels the vessel's Dungeness crab registration; or
(B) pots that are used and marked for the
commercial Dungeness crab fishery are lawful gear for another fishery, the
person who operates the pots holds a valid ADF&G or CFEC permit for the
other fishery, and the person who used or operated the vessel contacts, in
person, the local representative of the department and makes a request that the
vessel's Dungeness crab registration be canceled and the department cancels the
vessel's Dungeness crab registration.
(d) A person
(1) may stop participating in a commercial
Dungeness crab fishery and instead may operate commercial pots other than
Dungeness crab pots if
(A) the person removes
from the water the pots that are used and marked for the commercial Dungeness
crab fishery or puts them in storage as specified in
5
AAC 32.052; and
(B) the vessel owner, or owner's agent,
contacts a local representative of the department, in person, and requests that
the department cancel the vessel's Dungeness crab registration, and the
department cancels the vessel's Dungeness crab registration; or
(2) may stop using a vessel to
participate in a commercial Dungeness crab fishery and instead may use the
vessel to operate commercial pots other than Dungeness crab pots if
(A) the person removes from the water the
pots that are used and marked for the commercial Dungeness crab fishery or puts
them in storage, as specified in
5
AAC 32.052; and
(B) the vessel owner, or owner's agent,
contacts a local representative of the department, in person, and requests that
the department cancel the vessel's Dungeness crab registration, and the
department cancels the vessel's Dungeness crab registration.
(e) The provisions of (b) of this section do not apply to a person or vessel participating in the commercial Pacific cod fisheries described in 5 AAC 28.467 (Kodiak Area), 5 AAC 28.537 (Chignik Area), or 5 AAC 28.577 (South Alaska Peninsula Area).
Authority:AS 16.05.251
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