(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).
(c) Male king crab and male Tanner crab may
be taken only with pots.
(d) Unless
otherwise specified in a permit issued under (e) of this section, an operator
of a vessel fishing CDQ crab allocations shall comply with all regulations in 5
AAC 34, 5 AAC 35, and 5 AAC 39 that are applicable to the area and species of
crab being fished.
(e) In the
permit required in (a) of this section the commissioner may, as the
commissioner determines it necessary for the conservation and management of the
resource,
(1) specify the species of king or
Tanner crab that may be taken;
(2)
specify an area or areas open to CDQ fishing operations;
(3) specify registration
requirements;
(4) specify fishing
periods;
(5) specify gear
requirements, including the numbers of pots;
(6) designate the poundage of the federal CDQ
allocation of a species of king or Tanner crab that may be taken by a CDQ group
in a registration area or portion of a registration area as follows:
(A) a CDQ fishery allocation is specified in
the federal Fishery Management Plan for Bering Sea/Aleutian Islands king and
Tanner crab;
(B) in the Norton
Sound Section, the department shall calculate a CDQ fishery allocation, in
pounds, based on the percentage of the total anticipated harvest for the
commercial fishery and the CDQ fishery, combined;
(C) the department shall calculate the
poundage of king or Tanner crab, as specified in the federal CDQ allocation
determination that may be taken by each CDQ group;
(D) a person operating a vessel in a CDQ
fishery may not exceed the CDQ group allocation specified in this paragraph; a
CDQ group that retains crab in excess of the CDQ group allocation may have
quota voluntarily transferred to that CDQ group from another eligible CDQ group
with excess quota no later than June 30 of the current allocation year; if a
CDQ group is unable to obtain quota for the excess crab, the crab shall be
weighed, sold, and reported on an ADF&G fish ticket and all proceeds from
the sale of CDQ crab in excess of the group allocation shall be surrendered to
the state;
(7) except in
the Norton Sound Section, a CDQ fishery for a king or Tanner crab species will
open and close concurrent with the IFQ fishery for that species of king or
Tanner crab;
(8) require onboard
observers during fishing operations;
(9) require the operator of a vessel fishing
CDQ crab allocations to notify the department of fishing time, delivery time,
and delivery destination;
(10)
establish reporting requirements;
(11) require logbooks;
(12) establish times and areas allowed for
placement and removal of gear;
(13)
establish times, areas, and conditions allowed for storage of gear;
(14) set out other conditions deemed
necessary by the commissioner.
(f) A permit issued under (e) of this section
will be considered the registration required by
5
AAC 34.020 or
5
AAC 35.020.
(g) Notwithstanding
5
AAC 34.005 and
5
AAC 35.005, participation by a CDQ permit holder in an
exclusive or superexclusive king or Tanner crab fishery does not preclude a
vessel or permit holder from participation in a CDQ crab fishery.
(h) Notwithstanding
5
AAC 34.005 and
5
AAC 35.005, participation by a CDQ permit holder in a
CDQ king or Tanner crab fishery does not preclude a vessel or permit holder
from participation in an exclusive or superexclusive crab fishery.
(i) Except in the Norton Sound Section, a
vessel participating in a CDQ crab fishery must have on board the vessel an
activated vessel monitoring system (VMS) approved by the National Marine
Fisheries Service.
