COMMERCIAL HERRING FISHING REGULATIONS

Transcription

1 1985 COMMERCIAL HERRING FISHING REGULATIONS

2 ALASKA DEPARTMENT OF FISH AND GAME Regulations of the Alaska Board of Fisheries for Commercial Fishing in Alaska Bill Sheffield, Governor ALASKA BOARD OF FISHERIES Val Angasan Bix Bonney Ernie Carter Jesse Foster John Garner Ron Jolin Jerri Museth Dillingham Anchorage Fairbanks Quinhagak Juneau Kodiak Elfin Cove COMMISSIONER OF FISH AND GAME Don W. Collinsworth DIRECTOR OF COMMERCIAL FISHERIES Ken Parker This published copy is for 1nformat1onal use. These regulations are from the official regulations 1n the Alaska Adm1n1strat1ve Code as f1led with the Lieutenant Governor. Page Selected Alaska Statutes Statewide Herring Southeast Yakutat Prince William Sound Cook Inlet Kodiak Chignik Alaska Penmsula, Aleutian Islands Bristol Bay Security Cove, Etolin Strait Bering Sea, Kotzebue Selected Statewide General Provisions EDITION

3 Commercial Fisheries Division, Management Field Offices of the ALASKA DEPARTMENT OF FISH AND GAME Anchorage Glennallen Bethel Haines Chignik KXO 85 Homer Cold Bay Juneau Cordova Ketchikan Dillingham King Salmon Fairbanks Kodiak Kotzebue Nome Petersburg Saint Marys Sand Point Sitka Soldotna Unalaska Wrangell Yakutat Commercial Fisheries Entry Commission Juneau CHANGES TO REGULATIONS IN THIS BOOKLET This book was printed before the February 1985 Board Meeting. The regulations appearing in the statewide provisions of this booklet may be changed by the Board of Fisheries during that meeting, or may be changed by emergency regulation or emergency order at any time. Supplementary changes to the regulations in this booklet will be available at offices of the Department of Fish and Game 2

4 SELECTED ALASKA STATUTES Title 16 - Fish & Game Sec EMERGENCY OPENINGS AND CLOSURES. This chapter does not limit the power of the commissioner or his authorized designee, when circumstances require, to summarily open or close seasons or areas or to change weekly closed periods on fish or game by means of emergency orders. An emergency order has the force and effect of law after field announcement by the commissioner or his authorized designee. An emergency order adopted under this section is not subject to the Administrative Procedure Act (AS 44 62) SEC APPLICATION EXTENSION. (a) The commissioner shall extend the time and dates during which application may be made for fish and game registration if he finds that ( 1) the conservation and management of the fish or game resource will not be affected adversely; and (2) the failure to timely apply is the result of excusable neglect. (b) The fee for an extension granted under this section is $45. (c) As used in this section, "excusable neglect" does not include unfamiliarity with or ignorance of applicable laws and regulations. In order to show excusable neglect, a person must have demonstrated, before the registration deadline, an intent to harvest fish or game. SEC EXPIRATION DATE FOR LICENSES. Licenses issued under Sees of this chapter expire at the close of December 31 following their issuance, and shall be renewed annually upon application and payment of the license fees required by sees of this chapter. SEC ISSUANCE OF LICENSES. (a) The commissioner of revenue or his authorized agent shall issue a crew member fishing license under Sec. 480 of this chapter to each qualified person who files a written application at a place in the state designated by the commissioner, containing the reasonable information required by the commissioner together with the required fee. The application shall be simple in form and shall be executed by the applicant under the penalty of perjury. (b) The Commercial Fisheries Entry Commission shall issue a vessel license under Sec. 490 of this chapter to each qualified vessel for which a written application has been filed at a place in the state designated by the commission, containing the reasonable information required by the commission together with the required fee. The application shall be simple in form and shall be executed by the applicant under the penalty of perjury. SEC REGISTRATION OF FISHING VESSELS. (a) It is unlawful for any person to employ a fishing vessel in the water of Alaska unless it is registered under the laws of the state. Vessels registered under the laws of another state, and persons residing in another state are not excused from this provision. (d) The term "fishing vessel", as used in this section, means any vessel, boat, ship or other craft which is used for, equipped to be used for, or of a type which is normally used for ( 1 ) fishing, or (2) aiding, or assisting one or more vessels at sea in the performance of any activity relating to fishing, including, but not limited to, preparation, supply, storage, refrigeration, transportation, or processing. 3

5 SELECTED ALASKA STATUTES SEC COMMERCIAL FISHING LICENSE. (a) A person engaged in commercial fishing shall obtain a commercial fishing license. The fee for the license is $30 for residents, and $90 for nonresidents. Except for those which are also entry or interim-use permits, all commercial fishing licenses are nontransferable. The commercial fishing license shall be retained in the possession of the licensee, readily accessible for inspection at all times. No more than one fee may be charged annually against a person. For the purposes of this section, "commercial fishing license" includes entry permits and interim-use permits issued under ch 43 of this title and crewmember fishing licenses. (b) A person applying for a resident commercial license under this section shall provide the proof of residence which the department requires by regulation. SEC VESSEL LICENSE. As a condition to delivery or landing of fish or engaging in commercial fishing in the state, a license is required for a commercial vessel, including a vessel used in charter service for the recreational taking of fish and shellfish. SEC UNLICENSED VESSEL UNLAWFUL. Operation without a vessel license of any vessel to which Sees of this chapter apply is unlawful, whether the absence of a vessel license results from initial failure to purchase or from revocation by the commissioner of fish and game. SEC NUMBER PLATE. (a) The vessel license includes a permanent number plate. The number plate shall be accompanied by a tab affixed to it designating the year to be fished. A number plate is not transferable, and it shall be considered a permanent fixture upon the vessel upon which it is originally placed. It shall be securely fastened in plain sight well forward on the port side. On a vessel with a superstructure, the plate shall be fastened on the port side of the superstructure. A number plate remains the property of the state. If a permanent number plate is accidentally defaced, mutilated, destroyed, or lost, the person owning or operating the vessel shall immediately apply for and may obtain a duplicate upon furnishing the Commercial Fisheries Entry Commission with the pertinent facts and a payment of $2. (b) If a vessel carrying a number plate is lost, destroyed, or sold, the owner shall immediately report the loss, destruction or sale to the Commercial Fisheries Entry Commission. SEC ANNUAL RENEWAL OF VESSEL LICENSE. Upon annual payment of a license fee of $20, for one year or $40 for two years at the option of the owner, and filing of the name and address of the owner or his authorized agent of the vessel, the name and number of the vessel, a description of the vessel, vessel license number, if any, the area to be fished, and other reasonable information required by the Commercial Fisheries Entry Commission, the commission shall issue a number plate and a vessel license. If the vessel has a number plate, the commission shall issue a vessel license and tab designating the year or years the license is valid. The tab shall be placed in the space provided on the permanent number plate. SEC UNLAWFUL PURCHASES. It is unlawful for a person, his agent, or his representative ( 1 ) to have in his employ, in the harvesting, transporting or purchasing of fish, a fisherman who neither is licensed under Sec. 480 of this chapter nor is the holder of a permit issued under ch. 43 of this title, (2) to purchase fish from a fisherman who neither is the holder of a permit issued under ch. 43 of this title, nor is exempt under Sec. 660 of this chapter, or (3) to purchase fish from an association other than one to which a permit has been issued under Sec. 662 of this chapter. 4

6 SELECTED ALASKA STATUTES SEC RECORD OF PURCHASES. Each buyer of fish shall keep a record of each purchase showing the name or number of the vessel from which the catch involved is taken, the date of landing, vessel license number, pounds purchased of each species, number of each species, and where possible, statistical area in which the fish were taken and other information the department requires. Records may be kept on forms provided by the department. Each person charged with keeping the records must report them to the department in accordance with rules and regulations promulgated by it. SEC PUBLIC NUISANCES. A net, seine, lantern, snare, device, contrivance, and material while in use, had and maintained for the purpose of catching, taking, killing, attracting, or decoying fish or game, contrary to law or regulation of a board or the commissioner, is a public nuisance and is subject to abatement. SEC BURDEN OF PROOF. The possession of fish or game or a part of fish or game, or a nest or egg of a bird during the time the taking of it is prohibited is prima facie evidence that it was taken, possessed, bought, or sold or transported in violation of this chapter. The burden of proof is upon the possessor or claimant of it to overcome the presumption of illegal possession and to establish the fact that it was ob tained and is possessed lawfully. This section does not apply ( 1) during the first full 1 0 days after the time when a taking is prohibited, ex cept as provided in (3) of this section, (2) if the fish or game or part of fish or game is in a preserved condition whether frozen, smoked, canned, salted, pickled or otherwise preserved, or (3) with respect to crab aboard a commercial fishing vessel, during the first full three days after the time when a taking is prohibited. SEC CERTAIN ACTS MADE UNLAWFUL. (a) Unless permitted by AS AS or by regulation made under AS AS 16.40, it is unlawful for a person to take, possess, transport, sell, offer to sell, purchase, or offer to purchase fish, game or marine aquatic plants, or any part of fish, game or aquatic plants, or a nest egg of fish or game. (b) no person may knowingly disturb, injure, or destroy a notice, signboard, seal, tag, aircraft, boat, vessel, automobile, paraphernalia, equipment, building or other improvement or property of the department used in the administration or enforcement of AS 16. except AS & 52 or a poster or notice to the public concerning the provisions of AS 16. except AS & 52 or regulation adopted under AS 16. except AS & 52 or a marker indicating the boundary of an area closed to hunting, trapping, fishing or other special use under AS 16. except AS & 52. No person may knowingly destroy, remove, tamper with, or imitate a seal or tag issued or used by the department or attached under its authority to a skin, portion, or specimen of fish or game or other article for the purpose of identification or authentication in accordance with AS 16. except AS & 52 or regulation adopted under AS except AS & 52. SEC DEFINITIONS. In AS AS (2) "commercial fisherman" means an individual who fishes commercially for, takes, or attempts to take fish, shellfish, or other fishery resources of the state by any means, and includes every individual aboard a boat operated for fishing purposes who participates directly or indirectly in the taking of these raw fishery products, whether participation is on shares or as an employee or otherwise; however, this definition does not apply to anyone aboard a licensed vessel as a visitor or guest who does not directly 5

7 SELECTED ALASKA STATUTES or indirectly participate in the taking; and the term "commercial fisherman" includes the crews of tenders or other floating craft used in transporting fish;" (3) "commercial fishing" means the taking, fishing for, or possession of fish, shellfish, or other fishery resources with the intent of disposing of them for profit, or by sale, barter, trade, or in commercial channels; the failure to have a valid subsistence permit in possession, if required by statute or regulation, is considered prima facie evidence of commercial fishing if commercial fishing gear as specified by regulation is involved in the taking, fishing for, or possession of fish, shellfish or other fish resources. (6) "fish" means any species of aquatic finfish, invertebrate or amphibian, in any stage of their life cycle, found in or introduced into the state, and includes any part of such finfish, invertebrate and amphibian; ( 13) "operator" means the individual by law made responsible for the operation of the vessel; (18) "take" means taking, pursuing, hunting, fishing, trapping, or in any manner disturbing, capturing, or killing or attempting to take, pursue, hunt, fish, trap, or in any manner capture or kill fish or game; (21) "vessel" means a floating craft powered, towed, rowed, or otherwise propelled, which is used for delivering, landing or taking fish within the jurisdiction of the state, but for the purpose of this chapter does not include aircraft; SEC LEGISLATIVE POLICY ON UTILIZATION OF HERRING. The legislature finds the following: ( 1) extensive and valuable herring populations are available for harvest in waters subject to the jurisdiction of the state; (2) commercial markets are available for herring processed in several forms; (3) one processing technique presently employed involves deliberately permitting decomposition of the herring carcass to allow for removal and subsequent sale of the roe product, with the consequence that the flesh is unusable and discarded. The legislature declares that the process referred to in (3) of this section is wasteful and does not constitute utilization of this resource for the maximum benefit of the people. Therefore, it is the policy of the legislature that this process should be eliminated to the fullest extent possible. SEC UTILIZATION OF COMMERCIALLY TAKEN HERRING. (a) It is unlawful for a person, as defined in AS and including a joint venture, to waste or to cause to be wasted any commercially taken herring. (b) As used in this section, "waste" means the failure to use the flesh of commercially taken herring for reduction to meal, production of fish food, human consumption, food for domestic animals, scientific or educational purposes, or round herring bait. Normal, inadvertent loss of flesh associated with the uses described in this subsection which cannot be prevented by practical means does not constitute waste. The commissioner may authorize other users of commercially taken herring not inconsistent with the intent of this section and Sec. 172 of this chapter at his discretion upon receipt of a request accompanied by a detailed justification. HERRING STRIPPING. (a) Notwithstanding AS and until July 1, 1984, the stripping of commercially taken herring for the purpose of removing and selling the roe product is authorized if the herring is taken from and the carcass disposal process occurs in the Bering Sea. 6

8 SELECTED ALASKA STATUTES SEC REMOVAL OF HERRING FROM STATE. (a) It is unlawful for a person to remove herring from the state before the herring has been frozen or otherwise processed for shipment. (b) In this section, "processed for shipment" includes, but is not limited to, icing, stripping or salting of the herring; however, it does not include salting of the herring if five percent or more of the body weight of the herring consists of roe. SEC PURCHASE OF FISH FROM PERMIT HOLDERS. (a) It is unlawful for an individual while acting as a fish processor or primary fish buyer, or as an agent, director, officer, member, or employee of a fish processor, of a primary fish buyer, of a cooperative corporation organized under AS to intentionally or knowingly make an original purchase of fish from a seller in violation of AS who does not hold a landing permit, an entry permit, or an interim-use permit. SEC PERMIT REQUIRED. (a) After January 1, 197 4, no person may operate gear in the commercial taking of fishery resources without a valid entry permit or a valid interim-use permit issued by the commission. (b) A permit is not required of a crewman or other person assisting in the operation of a unit of gear engaged in the commercial taking of fishery resources as long as the holder of the entry permit or the interim-use permit for that particular unit of gear is at all times present and actively engaged in the operation of the gear. (c) A person may hold more than one interim-use or entry permit issued or transferred under this chapter only for the following purposes: ( 1 ) fishing more than one type of gear; (2) fishing in more than one administrative area; (3) harvesting particular species for which separate interim-use or entry permits are issued. 7

9 HERRING FISHERY CHAPTER 27. HERRING FISHERY. 5 AAC APPLICATION OF THIS CHAPTER. Requirements set forth in this chapter apply to commercial herring fishing only, unless otherwise specified. Sub sistence fishing regulations affecting commercial herring fishing vessels or affecting any other commercial herring fishing activity are set forth in the subsistence fishing regulations in chs. 1 and 2 of this title. ARTICLE 1. STATISTICAL AREAS. 5 ACC STATISTICAL AREAS ESTABLISHED. (a) For the herring fishery, there are established the following areas with the following code letters: Code Letter A Southeastern Alaska Area, comprised of the waters specified in 5 AAC B Yakutat Area, comprised of the waters specified in 5 AAC E Prince William Sound Area, comprised of the waters specified in 5 AAC H. Cook Inlet Area, comprised of the waters specified in 5 AAC K Kodiak Area, comprised of the waters specified in 5 AAC L Chignik Area, comprised of the waters specified in 5 AAC M Alaska Peninsula-Aleutian Islands Area, comprised of the waters specified in 5 AAC T Bristol Bay Area, comprised of the waters specified in 5 AAC W Security Cove- Etolin Strait Area, comprised of the waters specified in 5 AAC Q Bering Sea-Kotzebue Area, comprised of the waters specified in 5 AAC

10 ( 1) a registration area, comprised of all the waters within the statistical area which are waters of Alaska; and (2) an adjacent seaward biological influence zone, comprised of all the waters within the statistical area which is not part of the registration area. (c) Registration areas are areas in which the department shall apply conservation and management regulations in order to protect and maintain the herring resources of the state. (d) Adjacent seaward biological influence zones are areas which the department shall use to obtain biological and fishing effort data and other information necessary for the formulation of comprehensive and effective conservation and management regulations governing herring resources inhabiting the registration area. However, regulations governing the registration area will also be applied in the adjacent seaward biological influence zone consistent with sec. 10 of this chapter. 5 AAC APPLICATION OF REGULATIONS. (a) All regulations in this chapter applicable to a registration area are applicable also in its adjacent seaward biological influence zone, unless the regulations in this chapter do not specifically provide for any open fishing season nor specify lawful gear for any part of the registration area or adjacent seaward biological influence zone. (b) Persons on a vessel navigating within an adjacent seaward biological influence zone shall conduct their operations and activities in full compliance with the regulations applicable to the appurtenant registration area. (c) The commissioner may suspend the application of this section wholly or partially in any adjacent seaward biological influence zone if he finds that that application: ( 1) does not tend to facilitate enforcement of regulations applicable to the registration area; (2) does not tend to protect or conserve herring inhabiting territorial waters of Alaska; or ( 3) that the state has an insufficient interest in the herring inhabiting the zone to warrant extension of the jurisdiction of the state to the zone. Authority: AS (a) AS AAC LANDING REQUIREMENTS. (a) Except as provided in (b) of this section, each person must land all herring within the statistical area in which the herring were taken. (b) A person who desires to land herring in a statistical area other than the one from which the herring were taken shall contact in person or by radio a local representative of the department before leaving the statistic:;al area in which the herring were taken and shall submit to a vessel inspection at a location designated by the local representative. A person acting pursuant to this authorization shall at the time of landing his catch have on board an amount of herring no greater than was on board at the time of the inspection. (c) A vessel making radio contact under (b) of this section shall state to the local representative of the department the amount of herring on board at the time. 9

11 (f) The commissioner may suspend and reinstate any or all of the requirements of (b), (c) and (d) of this section for any particular registration areas if he finds that to do so would be in the public interest Authority: AS AS (a)(2),(4).(7),( 12) ARTICLE 2. GENERAL SPECIFICATIONS 5 AAC CLOSURE OF STATISTICAL AREAS. (a) The commissioner shall monitor the condition of herring stocks in all statistical areas through the use of such data and information as are practically available. (b) When the commissioner finds that continued fishing effort would jeopardize the viability of herring within a statistical area. he shall close the statistical area by emergency order. (c) In determining whether to close a statistical area, the commissioner shall con sider all appropriate factors to the extent there is information available on such factors. Factors which may be considered include: ( 1 ) the effect of overall fishing effort within the statistical area; (2) catch per unit of effort and rate of harvest; (3) relative abundance of herring within the area in comparison with preseason expectations of the department: (4) guideline harvest levels which may be adopted by regulation; (5) the proportion of immature or spawned out herring being handled or ianded; (6) general information on the condition of herring within the area; (7) information pertaining to the maximum sustainable yield level of herring within the registration area; (8) timeliness and accuracy of catch reporting by buyers within the registration area to the extent that such timeliness or accuracy may reasonably be expected to affect proper management; and (9) adequacy of subsistence harvests within the registration area. (d) The foregoing provisions of this section are applicable also to closures of any portion of a statistical area or registration area. (e) 24 hours after the closure of a statistical area no person may possess herring on board a commercial fishing vessel unless: (2) the person is in compliance with 5 AAC Authority: AS AS (a)(2),(3).(4),(7).( 1 0) 10

12 5 AAC DISCRETIONARY OPENINGS. In any registration area or portion of one, the commissioner may delay the opening beyond the earliest date specified in the regulations if he finds that such delay would affect preservation of the public peace, health, safety or general welfare. Authority: AS AS AS (a)(2) 5 AAC GEAR FOR HERRING. (a) During any open herring fishing season in any registration area, herring may only be taken by those seines. gill nets, trawls or pounds permitted by the regulations in sees of this chapter. In areas where no legal gear is specified by the regulations in sees of this chapter lor use during an open herring fishing season, herring may be taken by legal types of gear set forth in 5 AAC (d). (b) No net or other obstruction may be placed across the entrance to any lagoon or bay that may prevent the free passage of herring. {c) The mesh size of a herring gill net may not be less than 2-1/8 inches or more than 2Y. inches, except as follows: (1) in statistical area M, mesh sizes from to three inches may be used only under the authority of a permit issued by the department: ches. (2) in statistical areas T, W, and Q the mesh size may not exceed three in (d) Gill nets may be fished with the float line and floats below the surface of the water. Authority AS (a)(2),(4),{7) (1) in Statistical Area M, mesh sizes from 2112 to three inches may be used only under the authority of a permit issued by the department; inches. (2) in statistical areas T, W, and Q the mesh size may not exceed three (d) Gill nets may be fished with the float line and floats below the surface of the water. (e) No person may use a gill net to take herring at the same time that he is using a purse seine, hand purse seine, or beach seine to take herring. (I) A purse seine and a hand purse seine have stopped fishing when both ends of the seine are attached to the fishing vessel. A beach seine has stopped fishing when all of the lead line is on the beach above the water. 5 AAC PERMITS FOR HERRING SPAWN. The taking of herring spawn for commercial purposes may be conducted under the terms of a permit issued by the commissioner or his authorized representative, unless otherwise provided in sees of this title. (a)(2).(3),(4),(7),(1 0),(11) 11

13 ARTICLE 3. PROHIBITIONS. 5 AAC UNLAWFUL POSSESSION OF HERRING OR HERRING GEAR. (a) It is unlawful for any person to possess unprocessed herring aboard a vessel licensed as a commercial fishing vessel within any statistical area unless the season is open or unless the person is acting under the authorization of 5 AAC (b). This prohibition does not apply to herring possessed for subsistence or personal bait purposes under applicable regulations. (b) It is unlawful for any person to possess aboard a vessel licensed as a commercial fishing vessel within any statistical area any herring or any gear used in the taking of herring, if the herring or herring gear are prohibited by other regulations in 5 AAC 27 governing the area, unless the vessel is acting under the authorization of 5 AAC (b). (c) It is unlawful for any person to possess, purchase, sell, barter or transport herring within the state or within waters subject to the jurisdiction of the state if that person knows or has reason to know that that herring was taken or possessed in contravention of the regulations of this chapter. (a)(4).(7),(10) AS AS AS AAC UNLAWFUL ACTS WITHIN AN ADJACENT SEAWARD BIOLOGICAL INFLUENCE ZONE. It is unlawful for any person to take, attempt to take, cause to be taken, or possess herring, or to operate. attempt to operate or cause to be operated any vessel or gear or to possess any gear or to take, attempt to take, cause to be taken, or fail to take any action, in violation of sec. 1 O(b) of this chapter. (a)(4).(7).(10) AS AS AAC DISPOSAL OF HERRING. In statistical areas T, W, and Q and the Bering Sea waters of Statistical Area M, herring carcasses may be disposed of only as follows: ( 1 ) any vessel with less than five metric tons of herring on board may only dump herring carcasses in water more than five fathoms in depth; (2) any vessel with five metric tons or more of herring on board may only dump herring carcasses in water more than three miles from the mainland; or (3) as specified by a permit issued by the Department of Environmental Conservation. Authority: AS AS

14 SOUTHEASTERN 5 AAC GENERAL RESTRICTION. A person shall optain a permit from the department before taking herring during the period June 15 through February 28 in statistical areas K. L. and M. 5 AAC VIOLATION OF REPORTING REQUIREMENTS. (a) It is unlawful for any person to file a fish ticket representing the catch governed by the fish ticket as having been taken in a particular statistical area when in fact the catch or part of the catch were taken in another statistical area. (b) It is unlawful to file any fish ticket containing information which has been pur posely falsified. (a) AS AS AS AS AAC VIOLATION OF LANDING REQUIREMENT. It is unlawful for any vessel acting under the authorization of sec. 30 (b) of this chapter to land an amount of herring, 10 percent greater qr less than the amount stated under sec. 30 (c) of this chapter. (a)(4),( 1 0) AS AS AS AAC VIOLATION OF REGULATIONS. It is unlawful for any person to violate any of the regulations of this chapter. Authority: AS AS AS AS AS AS AS ARTICLE 4. STATISTICAL AREA A; SOUTHEASTERN ALASKA AREA. 5 AAC DESCRIPTION OF STATISTICAL AREA. Statistical area A has as its western boundary a line extending south from Cape Fairweather and as its southern boundary a line extending west from the International Boundary at Dixon Entrance. (a)(2) 5 AAC DESCRIPTION OF DISTRICTS. Districts are as described in 5 AAC (a)(2) 5 AAC FISHING SEASONS. (a) Herring may be taken from October 1 through February 28 (winter food and bait fishery), only during periods established by emergency order, in the following districts and sections: 1, 2, 3, 4, 5, 6, 7, 8, 9, 13

15 SOUTHEASTERN 10, 11-B, 11-C, 12, 13-A, 13-B, south of the latitude of Aspid Cape (53026 '45"N. lat.), 13-C, 14, 15-A, and 16, except for locations within those districts set out in (b) of this section. (b) Herring may be taken during seasons established by emergency order (sac roe fishery) in the following districts and sections lions: ( 1) in the purse seine fishery, herring may be taken only in the following sec (A) section 11-A, north of the Shrine of St. Therese; (C) section 13-B, north of the latitude of Aspid Cape (53 26' 45" N. lat.) except for Whale and Necker Bays; (D) section 15-B and 15-C; (2) in the set gill net fishery, herring may be taken only in the following districts and sections: (A) section 1-F, only that portion between Point Sykes and Foggy Point to a distance two nautical miles from the shore; (D) section 11-D; (d) Herring may be taken for fresh bait pound operations as follows: ( 1) in district 6, only the waters of Scow Bay north of the latitude of Mountain Point and south of the latitude of Blunt Point, from January 1 until a closing date made by emergency order; (2) in district 10, only the waters of Farragut Bay, from January 1 until a closing date made by emergency order; order: (3) in section 11-A, the following areas are opened and closed by emergency (A) Tee harbor, south of the latitude of Point Stephens; (B) Indian Cove, inside a line from Indian Point to a point at 58 o 22' 35" N. lat., ' 18" W. long.; (5) in section 13-B, north of latitude of Dorothy Narrows (56 o 49' N. lat.), from January 1 until closed by emergency order. (e) Herring may be taken for tray pack pound operations from July 1 through March 31, except in those locations specified in (b) and (d) of this section (the sac roe and fresh bait pound areas). Authority: AS AS AAC GEAR. (a) Herring may be taken during the open season by purse seines, trawls and gilt nets, except that trawls may only be used from October 1 through February

16 SOUTHEASTERN (b) Herring pounds may be used only under the terms of a permit issued by the commissioner. 5 AAC GILL NET SPECIFICATIONS AND OPERATION. (a) No more than 100 fathoms of herring gill net in the aggregate and no more than two gill nets may be on board or operated from any vessel taking or attempting to take herring, except that no more than 50 fathoms and one gill net may be on board or operated from any vessel taking or attempting to take herring during periods specified by emergency order for the reduced gear length. No herring gill net may be longer than 50 fathoms. (b) Herring gill nets must be set with an anchor at each end. (c) Each set gill net in operation must be buoyed at both ends and each buoy shall be plainly and legibly marked with the permanent vessel plate number (ADF&G number) of the vessel fishing the gear. (d) No herring gill net may be reset after the announced closing time. When the 100-fathom length restriction is in effect, no herring gill net may remain in the water for more than four hours after the closing dme. When the 50-fathom length restriction is in effect, no herring gill net may remain in the water for more than two hours after the closing time. (e) No set gill net may exceed 120 meshes in depth. (g) In the Section 1-F herring sac-roe fishery, a gill net with a mesh size of less than 2114 inches may not be used to take or attempt to take fish. (h) In addition to the requirements of (c) of this section, a gill net used to take or attempt to take herring in a sac-roe fishery must have one ADF&G identification tag placed on the marked buoys at both ends of the net. The identification tag must be placed on each marked buoy so that it is above the surface of the water. The identification tags will be issued only by ADF&G personnel located on the fishing grounds. Lost identification tags may be replaced upon submission of a sworn statement describing how the tags were lost and a listing of their numbers to the department. The identification tags are in effect for a single season and must be obtained before each fishing season. Authority: AS AS AAC SEINE SPECIFICATIONS AND OPERATIONS. (a) No herring purse seine may be more than 200 fathoms in length. (b) No herring purse seine may be more than 1700 meshes in depth. (a) (2), (4) 5 AAC WATERS CLOSED TO HERRING FISHING. (a) Herring may not be taken in Wrangell Harbor inside a line from the southwest point of the Alaska Wood Products. Inc. wharf to the light on Shekesti Point. 15

17 SOUTHEASTERN (c) Wrangell Narrows is closed to herring purse seining between the latitude of Blunt Point and the longitude of Prowley Point Light. (g) Herring may not be taken in any waters of Favorite Bay. (a) (2), (4) 5 AAC QUOTAS. (b) The herring harvest quota for fresh bait pound operations is as follows: ( 1 ) Farragut Bay: 1 00 tons; (2) Scow Bay: 100 tons; (3) Tee Harbor: 60 tons: (4) Indian Cove: 60 tons; and (5) section 13 8: 1 oo tons (c) The herring harvest quota for tray pack herring pound operations in 1 00 tons for each district, excluding those locations specified in 5 AAC O(b) and (d). Authority: AS AAC PERMITS FOR HERRING POUNDS. (a) A herring pound operator shall obtain a permit before April 1 from the commissioner for fresh bait pound opera lions and for tray pack pound operations 30 days before starting operations (b) No person operating a fresh bait or tray pack hernng pound may sell. offer to sell, or otherwise enter into or authorize a commercial transact1on for the disj::ositlon of herring taken from that pound if he knows or has reason to know that such hernng will be used for other than fresh or tray pack bait purposes. (c) No person may transport herring taken from a fresh bait or a tray pack pound to another person if he knows or has reason to know that such hernng will be used for other than fresh bait purposes. (d) The commissioner may attach to a permit issued under this section for fresh bait and tray pack herring pounds any condition he, in his discretion. considers necessary to preclude or render impractical the use of herring taken by that pound for other than fresh or tray pack bait purposes. The commissioner may revoke a permit issued under this section lor failure to comply with conditions attached to it. ARTICLE 5. STATISTICAL AREA D; YAKUTAT AREA. 5 AAC DESCRIPTION OF STATISTICAL AREA. Statistical area D has as its western boundary a line extending south from Cape Suckling and as its southern boundary a line extending west from Cape Fairweather Authority AS (a) (2) 16

18 YAKUTAT PRINCE WILLIAM SOUND 5 AAC DESCRIPTION OF DISTRICTS. Districts are as described in 5 AAC Authority: AS 1S (a) (2) 5 AAC FISHING SEASON. Herring may be taken from October 1 through February 2 8. (a) (2) 5 AAC GEAR. Herring may be taken by purse seines, gill nets and trawls. Authority:AS (a) (4) ARTICLE 6. STATISTICAL AREA E; PRINCE WILLIAM SOUND AREA. 5 AAC DESCRIPTION OF AREA. Statistical area E has as its western boundary a line extending south from Cape Fairfield, as its eastern boundary a line ex tending south from Cape Suckling and as its southern boundary 59 N. lat. (a) (2) 5 AAC FISHING DISTRICTS, SUBDISTRICTS AND SECTIONS. (a) General District: all waters of Alaska between the longitude of Cape Fairfield ( ' W. long.). and the longitude of Cape Suckling (143 53' W. long.) exclusive of the Montague, Northern and Eastern districts as defined in (b), (c) and (d) of this section. (b) Montague District: all waters encompassed by a line from so 35' N. lat., ' 30" W. long., to so 09' 30" N. lat. 14S" 42' W. long to 59 42' 30" N. lat ' W. long., to 59" 4 7' N.lat W long. to 60 15' 30" N. lat ' W. long. to the point of beginning. (c) Northern District: all waters encompassed by a line from a point on Knowles Headatsoo 41' N.lat.. 14S" 37' 30" W.long.. to so 41'N.Iat., 14S 58' 30" W. long.. to 60 50' N. lat., ' 30" W. long., to so 50' N. lat., ' W. long.. to a point on the mainland at so 53' 45" N. lat., 147" 20' W. long. (d) Eastern District: all waters of Alaska enclosed by a line from Bomb Point (60" 36' 50" N. Ia!, 145 o 54' W. long.) to Sheep Point (60 37' N. lat ' 15" W. long.) to Gravina Point (SO" 37' 20" N. lat., ' 10" W. long.) to Read Head (60 40' 15'' N. lat., ' W. long.). Authority: AS 1S (a) (2) 5 AAC FISHING SEASONS AND PERIODS. (a) From March 1 through June 30 (sac roe season), herring may be taken only during periods established by emergency order. (b) Herring may be taken from September 1 through January 31 (food and bait season) only in the General District. (c) Herring spawn on kelp not in pounds may be taken only during periods established by emprgency order. 17

19 PRINCE WILLIAM SOUND (d) Herring in pounds and herring spawn on kelp in pounds may be taken only during periods established by emergency order. 5 AAC GEAR. (a) From March 1 through June 30, herring may be taken only by purse seines and gill nets. (b) Herring spawn on kelp may be taken by hand cutting as specified in sec. 333 of this chapter. (c) Herring pounds may be used only in locations specified in the permit issued by the department under 5 AAC AAC GILL NET SPECIFICATIONS AND OPERATIONS. (a) During the herring food and bait season, herring gill nets operated from a herring fishing vessel may not exceed 150 fathoms in aggregate length. (b) From March 1 through June 30, herring gill nets operated from a herring fishing vessel may not exceed 120 meshes in depth and 100 fathoms in aggregate length. 5 AAC SEINE SPECIFICATIONS AND OPERATION. No purse seine may be more than 1,000 meshes in depth and more than 1 50 fathoms in length from March 1 to June 30. (a) (4) 5 AAC HERRING SPAWN ON KELP HARVEST SPECIFICATIONS AND OPERATIONS. (a) Herring spawn on kelp or other substrates not in pounds (wild spawn on kelp fishery) may be taken only under the following conditions: (1) herring spawn may not be taken on imported or transplanted aquatic plants or on any other substrate, except for kelp in its natural occurring state: device; (2) kelp plants may be taken only by a hand-held, unpowered blade cutting (3) kelp plant blades must be cut at least four inches above the stipe (stem); (4) kelp plants used to take herring spawn may not be suspended from lines. frames, or other man-made devices. (b) Kelp plants used in herring pounds (herring spawn on kelp in pounds fishery) are subject to the harvesting requirements specified 1n permits issued by the department under 5 AAC Authority AS AAC WATERS CLOSED TO HERRING FISHING. From July 1 through October 31, herring may not be taken 1n waters closed to salmon fishmg by 5 AAC and 5 AAC Authority: AS

20 PRINCE WILLIAM SOUND 5 AAC GUIDELINE HARVEST LEVELS. (a) The guideline harvest level is 5,000 tons during the period March 1 through June 30. (b) The guideline harvest level for the taking of herring spawn on kelp not in pounds is 169 tons of herring spawn and kelp. (c) The guideline harvest level for the taking of herring spawn on kelp in pounds is 40 tons of herring spawn and kelp. The commissioner or his authorized designee shall divide the guideline harvest level equally among those person's fishing permits issued under 5 AAC (b). (d) The guideline harvest level for herring during the period September 15 through January 31 is 1,400 tons. (e) The guideline harvest level for the herring sac-roe gill net fishery is 10 percent of the herring sac roe guideline harvest level, as determined by the department. The herring gill net harvest should not exceed 250 metric tons. Authority: AS AAC GENERAL RESTRICTIONS. A vessel used to take herring in statistical area E during the period July 1 through February 28 may not be used to take herring in another statistical area during that period and a vessel used to take herring in any other statistical area during the period July 1 through February 28 may not be used to take herring in statistical area E during that period. Authority AS (a) (2), (4) and (12) 5 AAC PERMITS. (b) Herring pound operators shall obtain before March 1 of each calendar year, a permit issued by the commissioner or his authorized designee. The permit must specify the following: ( 1) the location where pounds may be operated; (2) the size of, identification requirements for and method of operation of pounds; (3) the location and methods for taking, retainment and release of herring and kelp to be used in a pound for the production of herring spawn on kelp; (4) the harvest reporting requirements for pound operators; and (5) other guidelines determined by the commissioner, in his discretion, to be necessary for the conservation and management of herring, kelp and the public health, safety and general welfare. Authority: AS AS

21 COOK INLET ARTICLE 7. STATISTICAL AREA H; COOK INLET AREA. 5 AAC DESCRIPTION OF STATISTICAL AREA. Statistical area H has as its eastern boundary a line extending south from Cape Fairfield and as its southern boundary a line extending east from Cape Douglas at 58 52' N. lat. Authority AS (a)(2) 5 AAC DESCRIPTION OF DISTRICTS. Districts are as described in 5 AAC (a) (2) 5 AAC FISHING SEASONS. (a) Herring may be taken in the Northern and Central districts from April 15 to June 30. (b) Herring may be taken in the Eastern, Outer, Southern and Kamishak Bay districts from July 1 through February 28. During the period April 15 to June 30 the fishery will be opened and closed by emergency order. Authority: AS AS (a)(2) 5 AAC GEAR. (a) In the Southern, Outer, Eastern and Kamishak Bay districts herring may be taken only by purse seines from April 15 to June 30, and by seines, gill nets and trawls from July 1 through February 28. (b) In the Northern and Central districts herring may be taken only by gill nets from April 15 to June 30, except that in the Chinitna Bay Subdistrict herring may only be taken by set gill nets. (c) Herring pounds may be used from October 1 through April15 under terms of a permit secured from the commissioner, or his authorized representative. (a)(2).(4) 5 AAC GILL NET SPECIFICATIONS AND OPERATION. (a) No herring set gill net may exceed 35 fathoms in length. Each fisherman is allowed to operate 105 fathoms of set gill net in the aggregate. (b) No person may operate a herring drift gill net that is more than 150 fathoms in length. (a)(4) 5 AAC SEINE SPECIFICATIONS AND OPERATION. During the period April15 to June 30, no purse seine may be more than 1,000 meshes in depth or more than 150 fathoms in length. (a)(2),(4) 5 AAC IDENTIFICATION OF GEAR. Set gill nets used to take herring must have a keg or buoy at one end and must be plainly and legibly marked with the fisherman's five digit CFEC permit number and his initials (a) (4).(5) 20

22 COOK INLET KODIAK 5 AAC MINIMUM DISTANCE BETWEEN UNITS OF GEAR. No set gill net may be set or operated within 600 teet of another set gill net, except that this provision does not apply in the Chinitna Bay Subdistrict. (a) (4) 5 AAC WATERS CLOSED TO HERRING FISHING. (a) Herring may not be taken in any waters listed in 5 AAC (a) (c). (b) Herring may not be taken in the Resurrection Bay small boat harbor from April 16 through September 30. Authority AS (a)(2) 5 AAC BUYER REPORTING REQUIREMENTS. In addition ot the re quirements of 5 AAC (f), each buyer or his agent operating in the Southern, Kamishak Bay, Barren Island, Outer, and Eastern districts, shall report in person to and register with a local representative of the department before commencing opera lions. Each buyer shall: (1) identify and describe all vessels to be employed in transporting or pro cessing herring; (2) report daily all herring purchased from fishermen, or other processing records, as specified by a department representative; and (3) submit fish tickets before departure from the area and no later than 10 days after termination of buying operations in the area, or as otherwise specified by a local representative of the department. ARTICLE 8. STATISTICAL AREA K KODIAK AREA. 5 AAC DESCRIPTION OF AREA. (a) Statistical area K includes all waters of Alaska south of a line extending east from Cape Douglas (58 52' N. lat.), west of 150 o W. long., north of 55 o 30' N. lat., and east of a line extending south from the southern entrance of lmuya Bay near Kilokak Rocks ( 156 o 20' 13" W. long.). Authority AS (a) (2) 5 AAC DESCRIPTION OF DISTRICTS AND SECTIONS. (a)afognak District: all waters north of a line from Occident Point (57 o 57' 25" N. lat., 1 52 o 51 ' 30" W. long.) to Last Timber Point (57 58' 50" N.lat., ' 55" W.long.), north of a line extending west on the latitude of Raspberry Cape (58 03' 35" N. lat.) to midstream of Shelikof Strait, east of midstream of Shelikof Strait, west of a line from Dolphin Point (57 o 59'1 0" N. Ia!, 152 o 43' 25" W. long.) to Cape lzhut (58 o 06' 1 0" N.lat, ' 20" W.long.) topillarcape(58 09'N.Iat., ' 40" W.long.) and north of the latitude of Pillar Cape; ( 1 ) Raspberry Straits Section: all waters of Raspberry Straits encompassed by a line extending from Raspberry Cape (58 03' 35" N. lat., ' W. long.) to 21

23 KODIAK Steep Cape (58 12' N. lat., ' 30" W. long.) and by lines from Head Point (57 59' 40" N. lat., 152" 46' 1 0" W. long.) to Dolphin Point (57" 59' 1 0" N. lat., 152 o 43' 25" W. long.) and from Occident Point (5JO 57' 25" N. lat., 152 o 51' 30" W. long.) to Last Timber Point (57 58' 50" N. lat ' 55" W. long.); (2) Malina Bay Section: all waters of Malina Bay east of a line from Steep Cape (58 12' N. lat., ' 30" W. long.) to Cape Paramanol (58 18' 20" N. lat ' 30" W. long.); (3) Paramanof Bay Section: all waters of Paramanof Bay and Foul Bay east of a line from Cape Paramanof {58 18' 20".N. lat ' 30" W. long.) to Steep Cape (58 o 12' N. lat., ' 30" W. long.); (A) Paramonof Bay Subsection: all waters of Paramonof Bay east of a line from Cape Paramonof '20"N. lat., 153 "03 '30"W. long.) to the western most tip of Ban Island and south of the latitude of the southernmost tip of Ban Island; (B) Foul Bay Subsection: all waters of Foul Bay east of a line from the westernmost tip of Ban Island to Black Cape (58 24 '30"N. lat., 152"53 'W. long.); (4) Bluefox Bay Section: all waters encompassed by a line from Cape Paramanof (58 18' 20" N. lat., ' 30" W. long.) to Cape Newland (58 30' 30" N. lat., ' W. long.) and by the longitude of Cape Currant (152 29' 1 0" W. long.) north to Shuyak Island; (5) Offshore West Afognak Section: all waters encompassed by lines extending west along the latitudes of Raspberry Cape (58 03' 35" N. lat.) and Cape Newland (58 30' 30" N. lat.) to midstream of Shelikof Strait, and by lines from Raspberry Cape to Steep Cape to Cape Paramanol to Cape Newland; (6) Shuyak Island Section: all waters north of the latitude of Cape Newland, west of the longitude of Cape Currant, and north of a line from Cape Currant to Tolstoi Point (58 23' 45" N. lat ' 30" W. long.), to Tonki Cape (58 21' N. lat. 151 o 59' W. long.) and north of the latitude of Pillar Cape (58 09' N. lat.); (7) Perenosa-Seal Bays Section: all waters of Perenosa Bay and Seal Bay south of a line from Cape Currant to Tolstoi Point; (A) Delphin Bay Subsection: all waters of Delphin Bay south and west of a line from Delphin point (58.22 '20"N. lat '10". w. long.) to Cape Currant; (B) Perenosa Bay Subsection: all waters of Perenosa Bay south of a line from Cape Currant to Posliedni Point, excluding the Delphin Bay Section: (C) Seal Bay Subsection: all waters of Seal Bay south of a line from Posliedni Point to Tolstoi Point; (8) Tonki Bay Section: all waters of Tonki Bay south of a line from Tolstoi Point to Tonki Cape; 22

24 KODIAK (9) lzhut Bay Section: all waters of lzhut and Kitoi bays north of a line from Pillar Cape (58" 09' N. lat., ' 40" w. long.) to Cape lzhut (58" 06' 1 0" N. lat., ' 20" W. long.); (A) lzhut Bay Subsection: all waters of lzhut Bay north of '39"N.Iat.; (B) Kitoi Bay Subsection: all waters of Kitoi Bay west of a line from '39"N. lat., '13"W. long. to '32"N.Iat., '36"W.Iong.; (C) MacDonalds Lagoon Subsection: all waters of lzhut Bay bounded by '39 "N. lat., the eastern boundary of the Kitoi Bay Section, and a line from Cape lzhut to Pillar Cape; (1 0) Danger Bay Section: all waters north of a line from Cape lzhut to Dolphin Point (57 59' 10" N. lat., ' 10" W. long.). (A) Danger Bay Subsection: all waters of Danger Bay north of a line from Cape Kazakof (58.04 '40"N. lat., '40"W. long.) to Cape Kostromitinof (58 05 '05 "N. lat., '30"W.Iong.); (B) Litnik Subsection: all waters of Afognak Bay enclosed by a line from Head Point to Dolphin Point and the longitude of Dolphin Point; (C) Inshore Marmot Subsection: all waters of Marmot Bay enclosed by a line from Cape lzhut to Dolphin Point. by the longitude of Dolphin Point, and by a line from Cape Kazakol to Cape Kostromintinof; (b) Uganik Bay District: all waters north of the latitude of Cape Kuliuk (57 48' 1 0" N. lat.) to midstream of Shelikof Strait, and south of the latitude of Raspberry Cape to midstream of Shelikof Strait. east of midstream of Shelikof Strait, and including the waters of Kupreanof Straits west of a line from Inner Point (57" 54' 1 5" N. lat., 1 57 o 47' 50" W.long.) to BirdPoint(57 55' 20" N.lat., ' 25" W.long.)andsouth of a line from Occident Point (57 57' 25" N. lat., ' 30" W. long.) to Last Timber Point (57 58' 50" N. lat.\ ' 55" w. long.); (1) Kupreanof Section: all waters encompassed by a line from Raspberry Cape to Outlet Cape (57 59' 55" N. lat., ' W. long.) and by lines from Inner Point to Bird Point and from Occident Point to Last Timber Point: (2) Terror Viekoda Section: all waters encompassed by lines from Raspberry Cape to Cape Uganik, from Raspberry Cape to Outlet Cape (57 59' 55" N.lat., 153" 17' W. long.) and in West Uganik Passage, east of a line at ' W. long., (A) Viekoda Bay Subsection: all waters of Inner Viekoda Bay east of the longitude of Naugolka Point (5P33 '30 "N lat., '40 "W. long.); (B) Terror Bay Subsection: all waters of Terror Bay and Outer Viekoda Bay enclosed by lines from Raspberry Cape to Cape Uganik and from Raspberry Cape to Outlet Cape, and all waters of West Uganik Passage east of 'W. long; 23

25 KODIAK (3) Inner Uganik Section: all waters of Uganik Bay south of a line from Cape Uganik to Cape Ugat (57 52' 20" N. lat., ' 40" W.long.) and in West Uganik Passage, west of a line at ' W. long.; (A) Village Islands Subsection: all waters of Uganik Bay south of a line from Cape Ugat to Cape Uganik (57 52 '20 "N. lat., 153 a50 '40 "W. long.), west of lines from Cape Uganik to East Point (57 50 '30 "N. lat., '30 "W. long.), and from East Point to Rock Point (57 46 '25 "N. lat., '1 0 "W. long.), and north of the latitude of Packer's Spit (57044 '30 "N. lat.); (B) West Uganik Pass Subsection: all waters of West Uganik Passage west of 'W. long, and east of a line from Cape Uganik to East Point; (C) Northeast Arm Uganik Subsection: all waters of the northeast arm of Uganik Bay east of a line from East Point to Rock Point; (D) East Arm Uganik Subsection: all waters of Mush Bay and that portion of Inner Uganik Bay south of the latitude of Packer's Spit (57 a44 '30 "N. lat.). and north of the latitude of Mink Point (57 43 'N. lat.); (E) South Arm Uganik Subsection: all waters of the south arm of Uganik Bay south of the latitude of Mink Point (4) Outer Uganik Section: all waters south of the latitude of Raspberry Cape, north of the latitude of Cape Kuliuk, east of midstream of Shelikof Strait and west of a line from Cape Uganik to Cape Ugat (5r 52' 20" N. lat ' 40" W long.). (c) Uyak District: all waters south of the latitude of Cape Kulikuk to midstream of Shelikof Strait and north of the latitude of Cape Karluk to midstream of Shelikof Strait, and east of midstream of Shelikof Strait and including all of Uyak Bay: ( 1 ) Offshore Uyak Section: all waters south of the latitude of Cape Kuliuk to midstream of Shelikof Strait and north of the latitude of Cape Karluk (57 a " N lat.) to midstream of Shelikof Strait, east of midstream of Shelikof Strait. and west of a line from Cape Kuliuk to Cape Karluk; (2) Harvester Island Section: all waters north of the latitude of Carlsen Point (57 o 34' 35" N. lat.) west of ' W long. and south of a line from Cape Kuliuk to Cape Karluk; (3) Inner Uyak Bay Section: all waters south of the latitude of Carlsen Point: (A) Larsen Bay Subsection '12"W. long.; all waters of Larsen Bay west of (B) Inner Uyak Bay Subsection all waters of Inner Uyak Bay south of the latutude of Carlson Point. excluding the Larsen Bay Subsection: (4) Zachar Bay Section: all waters of Zachar Bay east of 153 o 50' W long.. long.; (5) Spiridon Bay Sect1on: all waters of Spir~don Bay east of 153 o 50' w 24

26 KODIAK (d) Sturgeon-Halibut Bay District: all waters south of the latitude of Cape Karluk to midstream of Shelikof Strait and north of the latitude of Cape lkolik (57 17' 15" N. Lat.) to midstream of Shelikof Strait and east of midstream of Shelikof Strait and including all bays from Cape lkolik to Cape Karluk. (e) Alitak Bay District: all waters east of the longitude of Cape lkolik, west of the longitude of Black Point ( ' W. long.), south of the latitude of Black Point (5r N. lat.) to Cape Kiavak (57 N. lat., ' W long.); ( 1) Outer Alitak Bay Section: all waters east of the longitude of Cape lkolik, west of the longitude of Black Point and west of a line from Cape Trinity (56 44' 20" N. lat., 154 o 08' 30" W long.) to the westernmost tip of Aiaktalik Island, and south of lines from Black Point to the northermost tip of Twoheaded Island, from the southernmost tip of Twoheaded Island to the easternmost tip of Aiaktalik Island, and from Cape Trinity to Cape Alitak (56 50' 40" N. lat., 154 o 18' W long.); (2) Inner Alitak Bay Section: all waters north of a line from Cape Trinity to Cape Alitak, south of the latitudes of Cape Hepburn (56 o 07' 30" N. lat.) and Bun Point (56 o 58' 25" N. lat.), including the waters of Deadman Bay; (A) Inner Alitak Bay Subsection: all waters enclosed by a line from Cape Alitak to Cape Trinity, south of the latitude of Cape Hepburn (56 07 '30"N. lat., '30 "W. long.) in Silva and Portage bays, south of a line from Cape Hepburn to Bun Point, and south of the latitude of Bun Point in Moser Bay; (B) Deadman Bay Section: all waters of Deadman Bay north of a line from Cape Hepburn to Bun Point; (3) Sulua-Portage Section: all waters of Sulua and Portage bays north of the latitude of Cape Hepburn; (4) Lower Olga-Moser Bay Section: all waters of Lower Olga and Moser Bays encompassed by a line from Stockholm Point (5r 07' 30" N. lat., 154 o 06' 30" W ); (5) Upper Olga Bay Section: all waters of Upper Olga Bay south of a line from Stockholm Point to the terminus of Silver Salmon Creek (no ); (6) Geese-Twoheaded Section: all waters encompassed by lines from Cape Trinity to the westernmost tip of Aiaktalik Island, from the easternmost tip of Aiaktalik Island to the southernmost tip of Twoheaded Island, from the northermost tip of Twoheaded Island to Black Point and south of the latitude of Black Point to Cape Kiavak. (f) General District: all waters north of the latitude of Black Point to Kodiak Island, east of the longitude of Black Point and east of lines from Pillar Cape to Cape lzhut, from Cape lzhut to Dolphin Point and from Bird Point to Inner Point, and south of the latitude of Pillar Cape; (1) Kaiugnak Section: all waters of West Sitkalidak Straits and associated bays south of the latitude of Cape Kasiak and north of a line from Black Point to Cape Kiavak: 25

27 KODIAK (2) Inner Sitkalidak Section: all waters encompassed by the longitude of Old Harbor and by lines from Cape Barnabas (59 09' N. lat ' W. long.) to Dangerous Cape (57 17' N. lat., ' W. long.) and from Dangerous Cape to Left Cape (57 15' 30" N. lat., 152" 57' W. long.); (A) Tanginak Anchorage Subsection: all waters of MacDonald Lagoon and Tanginak Anchorage south of the latitude of Lagoon Point (57 11 '15 "N. lat., 153''04'W.Iong.); (B) East Sitkalidak Subsection: all waters of East Sitkalidak Straits and associated bays enclosed by a line from Left Cape (57 15 '30"N. lat., 'W. long.) to Cape Barnabas (59 aog 'N. lat., 'W. long.) and the latitude of Old Harbor (57 12 '15"N. lat.); (C) West Sitkalidak Subsection; all waters of West Sitkalidak Straits and associated bays south of the latitude of Old Harbor and north of the latitude of Cape Kasiak, excluding the Barling Bay Section; (D) Barling Bay Subsection: all waters of Barling Bay west of a line from Old Harbor to Barling Spit (57 10 '15''N. lat.); (3) Outer Sitkalidak Section: all waters east of the longitude of Black Point, south of the latitude of Narrow Cape and east of lines from Cape Barnabas to Dangerous Cape and from Dangerous Cape to Narrow Cape; (4) Kiliuda Bay Section; all waters of Kiliuda Bay and Boulder Bay north of a line from Left Cape to Dangerous Cape; (A) Shearwater Subsection: all waters of Shearwater Bay east of a line from Shearwater Point (5J020 'N. lat., 152"58 'W. long.) to Pillar Point (57 19 '15 'W lat., '30"W. long.); (B) Outer Kiliuda Subsection: all waters of Outer Kiliuda, Santa Flivia, and Boulder bays enclosed by a line from Dangerous Cape to Cape Barnabas to Left Cape to Shearwater Point; (C) Inner Kiliuda Subsection: all waters of Inner Kiliuda Bay west of a line from Left Cape to Shearwater Point. {5) Ugak Bay Section: all waters of Ugak Bay north of a line from Dangerous Cape to Narrow Cape; long., (A) Inner Ugak Subsection: all waters of Ugak Bay west of 'W. (B) Outer Ugak Subsect1on: all waters of Ugak Bay east of 152 '49 'W. long. and north and west of a line from Dangerous Cape to Narrow Cape: {6) Women's Bay Section: all waters of Women's Bay west of a line from Cliff Point {57 o 43' 30" N.!at, ' 45" W long.) to the terminus of Busk1n River( no ); (7) Monashka Mill Bay Secllon: all waters of Monashka Bay and Mill Bay west of a line from Termination Point ( " N Ia! ' W long.) to Spruce Cape (57 49' 15" N lat ' W. long): 26

28 KODIAK (8) Anton-Sharatin Bays Section: all waters of Anton Larsen Bay and Sharatin Bay south of a line from Kizhuyak Point {57" 55' 15" N. lat., 152 o 36' 30" W. long.) to Kekur Point (57 51' 30" N. lat., ' W. long.); (A) Anton-Sharatin Bay Subsection: all waters of Anton Larsen Bay south of a line from. Kizhuyak Point (57 "55 '15 "N. lat, '30 "W. long.) to Crag Point (57 52'45"N. lat., '25"W. long.); (B) Sharatin Bay Subsection: all waters of Sharatin Bay south of a line from Crag Point to Kekur Point (5J051 '30"N. lat., 'W.Iong.); (9) Kizhuyak Bay Section: all waters of Kizhuyak Bay west of a line from Kekur Point to Inner Point (57 54' 15" N. lat., ' 50" W. long.): ( 1 0) Inshore Marmot-Chiniak Section: all waters encompassed by lmes from Cape Chiniak (57 37' N. lat ' W. long.) to Pillar Cape. from Pillar Cape to Cape lzhut, from Cape lzhut to Dolphin Point and from Bird Point to Inner Point; (A) Kalsin Bay Subsection: all waters of Kalsin Bay south and west of a line from Cape Chiniak to Broad Point: (B) Middle Bay Subsection: all waters of Middle Bay south and west of a line from Broad Point to Cliff Point: (C) Inshore Chiniak Subsection: all waters of Chiniak Bay enclosed by lines from Cape Chiniak to Broad Point to Cliff Point to the terminus of Buskin River (No ), and from Spruce Cape to Cape Chiniak: {D) Spruce Island Subsection: all waters of Marmot Bay and adjacent bays and Islands enclosed by a lme from Spruce Cape to Pillar Cape to Cape lzhut to Dolphin Point to Inner Point to Kekur Point to Crag Point to Kizhuyak Pomt (In effect before 1985); ( 11) Offshore Marmot-Chiniak Section: all waters east of a line from Pillar Cape to Cape Chiniak. south of the latitude of P1llar Cape and north of the latitude of Narrow Cape. (g) Mainland District: all waters south of the latitude of Cape Douglas; west of midstream of Shelikof Strait south of the latitude of Cape lkolik west to midstream of Shelikof Strait. west of the longitude of Cape lkol!k and east of the longitude of Kilokak Rocks (57 10' 25" N. lat ' 25" W. long.). ( 1 ) North Mainland Section all waters south of the latitude of Cape Douglas and to midstream of Shehkol Strait and north of the latitude of Cape Nukshak and east to m1dstream of Shelikof Strait and west of midstream of Shelikof Strait: (2) Inner Kukak Seclion: all the waters west of a line from Cape Nukshak (58 23' 30" N lat ' 45" W. long.) and Cape Gull (58 o 13' N. lat. 154 o 08' 30" W long.); (3) Outer Kukak Section: all waters encompassed by a line from Cape Nukshak to Cape Gull. east of the latitude of Cape Nukshak to midstream of Shelikof 27

29 KODIAK Strait, east of the latitude of Cape Gull to midstream of Shelikof Strait, and by a line midstream of Shelikof Strait; (4) Missak Section: all waters south of the latitude of Cape Gull east to midstream of Shelikof Strait and north of the latitude of Cape llktugitak to midstream of Shelikof Strait; (5) Inner Katmai Section: all waters west of a line from Cape llktugitak (58 01' 15" N. lat., 154 o 34' 45" W. long.) to Cape Kubugakli (57 o 53' 50" N. lat., 155 o 03' 35" W. long.); (6) Outer Katmai Section: all waters encompassed by the latitude of Cape 11- ktugitak east to midstream of Shelikof Strait, the latitude of Cape Kekurnoi east to midstream of Shelikof Strait, west of midstream of Shelikof Strait, east of lines from Cape llktugitak to Cape Kubugakli and from cape Kubugakli to Cape Kekurnoi (57 43'30" N. lat., '50" W. long.); (7) Alinchak Section: all waters west of a line from Cape Kubugakli to Cape Kekurnoi; (8) Puale Bay Section: all waters west of a line from Cape Kekurnoi to Cape Unalishagvak (57 32' 45" N. lat., ' 40" W. long.); (9) Portage Bay Section: all waters west of a line from Cape Unalishagvak to Cape lgvak (57 32' 45" N. lat., ' 50" W. long.); ( 1 0) Outer Portage-Puale Section: all waters south of the latitude of Cape Kekurnoi east to midstream of Shelikof Strait, north of the latitude of Cape lgvak east to midstream of Shelikof Strait, west of midstream of Shelikof Strait and east of lines from Cape Kekurnoi to Cape Unalishagvak and from Cape Unalishagvak to Cape lgvak; Rocks; ( 11) Wide Bay Section: all waters west of a line from Cape lgvak to Kilokak ( 1 2) Lower Shelikof section all waters east of the long1tude of Kilokak Rocks. west of the longtitude of Cape lkolik. south of the lat1tude of Cape lgvak. west to midstream of Shelikof Stra1t and south of the latitude of Cape lkolik and east to m1dstream of Shelikof Stra1t 5 AAC FISHING SEASONS AND WEEKLY FISHING PERIODS. (a) Herring may be taken from April 15 through June 30 (sac roe season) and from August 1 through February 28 (food and bait season). (b) Herring may be taken only during penods established by emergency order Authority AS 1 G AS (a) (2) 5 AAC GEAR. (a) Herring may be taken only by semes. gill nets and trawls. except that beach se1nes and trawls may not be used to take hernng dunng the hernng sac roe season (b) A herring fishing vessel may operate or ass1st 1n operat1ng or have aboard only one legal limit of hernng fishing gear 1n the aggregate 2B

30 KODIAK (c) Unhung gear sufficient for mending purposes may be carried aboard fishing vessels. (d) A purse seine. hand purse seine or beach seine may not be fished simultaneously with gill net by any person or vessel. (e) Herring fishing nets shall be measured, either wet or dry, by determining the maximum length of cork line when the net is fully extended with traction applied at one end only. (f) The interim-use or entry permit holder is responsible for operation of the net. (g) The use of leads with any net gear used for commercial herring fishing is prohibited during the herring sac roe season. 5 AAC GILL NET SPECIFICATIONS AND OPERATIONS. (a) The aggregate length of herring gill nets in use by any herring CFEC permit holder may not exceed 150 fathoms. (In effect before 1982; am 4/14/82, Register 82); (b) The interim-use or entry permit holder must be physically present while the gill net is being fished. (c) Each drift gill net in operation must have a buoy at one end and the opposite end must be attached to the fishing vessel. Each set gill net in operation must be anchored and buoyed at both ends. Each buoy must be plainly and legibly marked with the permanent vessel license plate number (ADF&G number) of the vessel operating the gear. The bouy may bear only a single number and this number must be that of the vessel used in operating the gear. The numbers must be painted on the top one-third of the buoy in numerals at least four inches in height. one-half inch in width and in a color contrasting to that of the buoy. The buoy markings must be visible on the buoy above the water surface. Set gill nets must have a buoy spaced every 25 fathoms along the net and the buoys must be floating on the surface of the water. (d) Herring gill nets may remain in the water two hours after the announced closing time for any opening of three hours or less fishing time. No herring gill nets may be reset after a closure time. Herring gill nets may remain in the water two hours after an emergency order closure if that closure is announced by the department less than three hours before the closure time. Authority: AS AAC SEINE SPECIFICATIONS AND OPERATIONS. (a) No purse seine may be more than 1,000 meshes in depth and more than 100 fathoms in length. 5 AAC WATERS CLOSED TO HERRING FISHING. (a) During the period June 1 2 through October 31. herring nay not be taken in waters described in 5 AAC 18.0)350 and 5 AAC (b) From April 15 through June 12, herring may not be taken in the following waters: 29

31 KODIAK CHIGNIK (1} Brown's Lagoon: in the Lagoon and 500 yards from its mouth: (2) Women's Bay: all waters enclosed by a line from Shannon's Point (57 43'48" N. lat, '36" W. long.) to Nymans Pemnsula (57 43'18" N. lat '24" W long.). Authority AS (a) (2) 5 AAC GUIDELINE HARVEST LEVELS. (a) The guideline harvest level for the taking of herring during the food and bait season is 1,000 tons. The depart men! shall manage the herring sac roe harvests so that 10 percent of the available harvest from each herring stock is reserved for the herring food and bait fishery. (b) The guideline harvest levels for the takmg of herring during the herring sac roe season are as follows: tons: (1) Sturgeon River, Karluk, Uyak Bay. Uganik Bay and Afognak districts 800 (2) General. Alitak Bay and Red River districts 800 tons: (3) Kukak section of the Ma1nland district 400 tons: (4) Wtde Bay. Cape Jgvak, Ahnchak and Oekavak sect1ons of the Mainland district 400 tons Authority AS (a) (2) and (3) 5 AAC BUYER AND TENDER REPORTING REQUIREMENTS. In additton to the requirements of 5 AAC (f) each tender operator and each buyer or his agents shall report 1n person to and register with a local representative of the depart men! upon arrival in the statistical area before commencing operations and before changing location of the operat1on Each buyer shall ( 1 ) identify all vessels to be employed in transporting or processmg hernng and shall register such vessels with a local representative of the department located m the statistical area before transporting or processtng herrmg (2) make daily reports of all herrmg purchased from fishermen and other pro cesstng records as specified by a local representative of the department: and (3) submit fish tickets before departure from the area and no later than 10 days after termination of buying operat1ons tn the area. or as otherwise spec11ied by a local representa!jve of the department. Authority AS (a) (4) (5) (7) and (12) AS ARTICLE 9. STATISTICAL AREA L. CHIGNIK AREA. 5 AAC DESCRIPTION OF AREA. Statistical areal includes all waters on the south side of the Alaska Peninsula enclosed by '13" W long. (the 30

32 CHIGNIK longitude of the southern entrance to lmuya Bay near Kilokak Rocks) and a line extending southeast (135 ) from the southernmost tip of Kupreanof point. (a) (2) 5 AAC DESCRIPTION OF DISTRICTS. Districts are as described in 5 AAC Authority AS (a) (2) 5 AAC FISHING SEASONS AND WEEKLY FISHING PERIODS. (a) Herring may be taken from April 15 through June 30 (sac roe season) and from August 15 through February 28 (food and bait season). (b) Herring may be taken only during periods established by emergency order. Authority AS AS (a) (2) 5 AAC GEAR. (a) Herring may be taken only by purse seines. (b) A herring fishing vessel may operate or assist in operating only one legal limit of herring fishing gear in the aggregate. (c) Unhung gear sufficient for mending purposes may be earned aboard fishing vessels. (d) Herring fishing nets shall be measured, either wet or dry, by determining the maximum length of cork line when the net is fully extended with traction applied at one end only. (e) The interim-use or entry permit holder is responsible for operation of the net. (f) The use of leads with any net gear used for commercial herring fishing is pro hibited during the herring sac roe season. (a) (2) and {4) 5 AAC SEINE SPECIFICATIONS AND OPERATIONS. No purse seine may be more than 1, 000 meshes in depth or more than 100 fathoms in length. (a)(2) and(4) 5 AAC WATERS CLOSED TO HERRING FISHING. During the period June 12 through October 31, herring may not be taken in waters described in 5 AAC and 5 AAC {a)(2) 5 AAC BUYER AND TENDER REPORTING REQUIREMENTS. In addition to the requirements of 5 AAC (1) each tender operator and each buyer or his agents shall report in person to and register with a local representative of the depart ment upon arrival in the statistical area before commencing operations and before changing location of the operation. Each buyer shall: ( 1 ) identify all vessels to be employed in transporting or processing herring and shall register such vessels with a local representative of the department located in the statistical area before transporting or processing herring: 31

33 CHIGNIK AK. PEN-ALEUTIANS (2) make daily reports of all herring purchased from fishermen, and other processing records as specified by a local representative of the department; and (3) submit fish tickets before departure from the area and no later than 10 days after termination of buying operations in the area. or as otherwise specified by a local representative of the department Authority AS (a) (4). (5), (7) and (12) AS ARTICLE 10. STATISTICAL AREA M ALASKA PENINSULA-ALEUTIAN ISLAND AREA 5 AAC DESCRIPTION OF AREA. Statistical Area M includes all waters bound on the east by a line extending southeast (135 ) from the southernmost tip of Kupreanof Point, on the west by the International Date Line, and on the north by a line extending west from the westernmost tip of Cape Menshikof. 5 AAC DESCRIPTION OF DISTRICTS AND SECTIONS. (a) Southeastern District: includes all waters on the south side of the Alaska Peninsula between Point Aliaksin on Cape Aliaksin and Kupreanof Point, including all of the Shumagin Islands. (b) South Central District: all waters on the south side of the Alaska Peninsula between the tip of Arch Point and the tip of Point Aliaksin, including Ukolnoi and Wosnesenski islands. (c) Southwestern District: all waters on the south side of the Alaska Peninsula between Cape Pankof Light and Arch Point, including Inner lliaskim, Outer lliaskim. Goloi, Dolgoi, Poperechnoi, and Deer islands. (d) Unimak District: all waters on the south side of Unimak Island between Scotch Cap and Cape Pankof Light, including the Sanak Islands. (e) Akutan District: all waters extending west of Unimak Island to and including Akutan Pass. (f) Unalaska District: all waters west of Akutan Pass to and including Umnak Pass. (g) Umnak District: all waters west of Umnak Pass to and including Atka Pass. (h) Adak District: all waters west of Atka Pass to the terminus of the Aleutian Islands. (i) Amak District: all waters south and west of Cape Lieskof (55 47 'N. lat., 'W. long.) to the longitude of Cape Sarichef Light. 1ncluding all waters of Bechevin Bay and lsanotski Strait north of a line from the False Pass Cannery dock to the tip of Nichols Point. 32

34 AK. PEN-ALEUTIANS U) Port Moiler District: all waters between the latitude of Cape Lieskof and the latitude of Cape Seniavin (56 24 'N. lat); (1) Western Section: all waters of the Port Moiler D1stnct west of the longitude of Wolf Point on Walrus Island, excluding the waters of f4<>rendeen Bay and Outer Port Moller Bay sections; (2) Herendeen Bay Section: all waters of Hemndeen Bay bounded by a line from Point Divide (55 53 '10"N. lat., W long.) to Doe Point on Deer Island and from Fawn Point on Deer Island to Point Edward on Cape Rozhnof; (3) Inner Port Moiler Bay Section: all waters of Port Moiler Bay south and east of a line from Point Divide (55 53 '10 "N. lat., 'W. long.) to Harbor Point (55 55 'W long., '30"W. long.); (4) Outer Port Moiler Bay Section: all waters enclosed by a line from Point Divide (55 53'10"N. lat., 'W. long.) to Harbor Point (55 55'N. lat., '30"W. long.) from Point Divide to Doe Point on Deer Island and from Fawn Point on Deer Island to Point Edward on Rozhnof Island to Wolf Point on Walrus Island to Entrance Point (55 58 '40"N. lat., '40"W. long.); (5) Bear River Section: all waters between the longitudes of Wolf Point and Cape Seniavin Light, excluding the waters of the Herendeen Bay, Outer Port Moiler Bay, and Inner Port Moiler Bay sections. (k) Port Heiden District: all waters between the latitude of Cape Seniavin (56 24 'N. lat.) and the latitude of Cape Menshikof (57 31 '20"N. lat.). 5 AAC FISHING SEASONS AND PERIODS. (a) In the Southwestern. South C&ntral, and Southeastern d1stricts. herring may be taken from July 15 through February 28. (b) In the Unimak. Akutan. Unalaska. Umnak. and Adak districts. herring may be taken from April 15 through February 28. (c) In the Amak, Port Moiler, and Port Heiden districts, herring may be taken from April 15 through July 15 (sac roe season) and from August 15 through February 28 (food and bait season). (d) Herring may be taken only during periods established by emergency order. Authority: AS AS AAC GEAR. Herring may be taken only by purse seines and gill nets, except as follows: (1) in the Amak District, herring may be taken with trawls only from July 16 through April 14; 33

35 AK. PEN.-ALEUTIANS (2) in waters of the Bering Sea north of 55 "47 'N. lat., herring may be taken by trawls only during seasons established by emergency order. Authority: AS AS AAC GILL NET SPECIFICATIONS AND OPERATIONS. (a) During the herring sac roe season, the aggregate length of herring gill nets in use by any herring CFEC permit holder may not exceed 150 fathoms. (b) The interim-use or entry perm1t holder must be physically present while the gill net is being fished (c) Each drift gill net in operation must have a buoy at one end and the opposite end must be attached to the fishing vessel. Each set gill net in operation must be anchored and buoyed at both ends. Each buoy must be plainly and legibly marked with the permanent vessel license plate number (ADF&G number) of the vessel operating the gear. The buoy may bear only a single number and this number must be that of the vessel used in operating the gear. The numbers must be painted on the top one-third of the buoy in numerals at least four inches in height. one-half inch in width and in a color contrasting to that of the buoy The buoy markings must be visible on the buoy above the water surface. Authority: AS (a) (2). (4) 5 AAC SEINE SPECIFICATIONS AND OPERATIONS. During the herring sac roe season, no purse seine may be more than 1,000 meshes in depth and more than 100 fathoms in length. During the herring food and bait season, no purse seine may be more than 250 fathoms in length. Authority: AS AAC WATERS CLOSED TO HERRING FISHING. (a) Herring may not be taken from June 25 through September 30 in any waters closed to salmon fishing. 5 AAC HARVEST STRATEGY. (a) The department shall manage the Unimak. Akutan, and Unalaska districts and that portion of the Umnak district east of Samalga Pass for a herring harvest not to exceed 3,200 m.t. (b) The department shall manage the Southwestern, South Central, and Southeastern districts so that 75 percent of the estimated guideline harvest level of 1,200 tons is taken during the sac-roe season and 25 percent is taken during the food and bait season. If the 75 percent is not taken during the sac-roe season, then the amount of herring not taken may be allowed to be taken during the food and bait season. The department shall adjust the guideline harvest level based on herring biomass assessments conducted during the sac-roe season. 5 AAC BUYER AND TENDER REPORTING REQUIREMENTS. In addition to the requirements of 5 AAC (f) each tender operator and each buyer or his agents shall report in person to and register with a local representative of the depart men! upon arrival in the statistical area before commencing operations and before changing location of the operation Each buyer shall 34

36 AK PEN.-ALEUTIANS ( 1 ) 1dentify all vessels to be employed in transporting or processing herring and shall register such vessels with a local representative of the department located in the statistical area before transporting or processing of herring: (2) make daily reports of all hemng purchased from fishermen. and other pro cessing records as specified by a local representative of the department: and (3) submit fish tickets before departure from the area and no later than 10 days after termination of buying operat1ons in the area. or as otherwise specified by a local representative of the department Authority: AS (a) (4), (5) AS (7) and (12 AS AAC HERRING SPAWN ON KELP MANAGEMENT PLAN. (a) Herring and herring spawn on kelp in pounds may be taken in the Shumagin Islands only during seasons established by emergency order. (b) The guideline harvest level for the taking of herring spawn on kelp in pounds is 10 tons of herring spawn on kelp. The commissioner or his authorized designee shall divide the guideline harvest level equally among those persons fishing permits issued under (c) of this section. (c) Herring pound operators shall obtain, before March 1 of each calendar year, a harvest permit issued by the commissioner or his authorized designee. The following permit requirements must be followed: (1) harvest permits must be obtained by each fisherman before commer cia! fishing; (2) harvest permits may not be transferred to another person; (3) harvest permits must be in the possession of the permittee and be readily available for inspection white the permittee is in possession of herring spawn on kelp; (4) each harvest permit must specify the following: (A) the location where pounds may be operated; (B) the size of. Identification requirements for. and method of operation of the pounds; {C) the location and methods for taking, retention, and release of hernng and kelp to be used in a pound for the production of herrmg spawn on kelp: (D) the harvest report1ng requirements for pound operators: and (E) other gu1delines determined by the commissioner. in his discretion. to be necessary for the conservation and management of hernng and kelp. and the public health. safety. and general welfare. ldl This sect1on IS repealed effect1ve January Authority: AS AS

37 BRISTOL BAY ARTICLE 12. STATISTICAL AREA T; BRISTOL BAY AREA. 5 AAC DESCRIPTION OF STATISTICAL AREA. Sta!lstrcal area T has as rts southern boundary a line extending west from Cape Menshikof and as its northern boundary a line extending west from Cape Newenham, and as rts western boundary the 1nternatronal Date Lrne in the Benng Sea Authority AS (a) (2) 5 AAC FISHING DISTRICTS. (a) The Togiak district consists of all waters of Alaska between the longitude of Cape Constantine and the longitude of Cape Newenham. ( 1) Kulukak section: all waters between the longitude of Rrght Hand Point and the longitude of Cape Constantine; (2) Nunavachak section: all waters between the longitude of Right Hand Point and the longitude of Rocky Point. (3) Togiak section: all waters between the longitude of Rocky Point and the longitude of Tongue Point; (4) Hagemeister Strait section all waters between the longitude of Tongue Pomt and the longitude of Cape Newenham (b) The Bay distnct consists of all waters of statistical area T east of the longitude of the southernmost tip of Cape Constantine. (c) The General drstnct consrsts of all waters of statrstrcal area T west of the longrtude of the southernmost trp of Cape Newenham Authonty f,s (a) (2) AS AAC FISHING SEASON AND WEEKLY FISHING PERIODS. (a) In the Togiak and Bay districts, herring may be taken by pljtse seines and hand purse seines from April 25 through June 1. (b) In the Togiak and Bay districts. herring may be taken by gill nets from April 25 through June 1. (c) In the Tograk and Bay drstncts herrrng spawn on kelp may be taken from Apnl 25 through June 30 (d) In the Tograk and Bay drstncts hemng and hemng spawn on kelp may be taken only dunng penods establrshed by emergency order (e) The seasons rn (a) (b) and (c) of thrs sectron may be modrfred rn accordance with 5 AAC Authonty: AS AS AAC GEAR. (a) Hemng may be taken only by purse sernes. hand purse seines and gill nets. and only in the Tograk and Bay districts 36

38 BRISTOL BAY (b) Herring spawn on kelp may be taken only by hand picking and hand-operated rakes. Herring spawn on kelp may not be taken with the assistance of underwater breathing apparatus. (c) Herring may be taken by trawls only during seasons established by emergency order. Authority: AS AS AAC GEAR SPECIFICATIONS AND OPERATIONS. (a) No single herring gill net may exceed 150 fathoms in length and the aggregate length of gill nets in use by a herring interim-use or entry permit holder may not exceed 150 fathoms. (b) No more than 300 fathoms of herring gill net may be operated from any herring fishing vessel. (c) Each gill net in operation must be buoyed at both ends. At least one buoy at each end of the net and at least one cork every 10 fathoms along the cork line must be plainly and legibly marked with the operator's five-digit CFEC permit serial number and the permanent vessel license plate (ADF&G) number of the vessel from which the gill net is operated. (d) No herring purse seine or hand purse seine may exceed 16 fathoms in depth or 150 fathoms in length. 5 AAC HERRING SPAWN ON KELP HARVEST SPECIFICATIONS AND OPERATIONS. Herring spawn may not be taken on transplanted or imported aquatic plants or any other substrate, except for kelp in its natural occurring state. Kelp plants used to take herring spawn may not be suspended from lines, frames, or other manmade devices. 5 AAC VESSEL IDENTIFICATION. Each vessel used to take herring or herring spawn on kelp must display its permanent vessel license plate (ADF&G) number: (1) in permanent symbols at least 12 inches in height and with lines at least one inch in width that contrast with the background; (2) on both sides of the hull or cabin; (3) in a manner such as to be plainly visible and unobscured; and (4) at all times from April 25 to June 1. 5 AAC CLOSED WATERS. (a) Metervik Bay is closed to herring fishing north of a line from a Department of Fish and Game regulatory marker at 58 o 49'06" N. lat., '15" W. long. to a Department of Fish and Game regulatory marker at 58 49'58" N. lat., '45" W. long. This closure does not apply to the taking herring spawn on kelp. 37

39 BRISTOL BAY (b) Ungalikthluk Bay is closed to the taking of herring north of a line from an ADF&G regulatory marker at Rocky Point (58 53'15"N. lat o 14'15 "W. long.) to an ADF&G regulatory marker at '54" N. lat., '45" W long. This closure does not apply to the takmg of hernng spawn on kelp Authonty AS (a) (2) 5 AAC GUIDELINE HARVEST LEVEL The guideline harvest range for the taking of herring is 20,000 to 40,000 metric tons. (a) (3) 5 AAC BUYER REPORTING REQUIREMENTS. In addition to the re quirements of 5 AAC (f) each buyer or his agent shall report in person to and register with a local representative of the department upon arrival on the fishing grounds and before commencing operations. Each buyer shall: ( 1 ) identify and describe all vessels to be employed in transporting or processing herring or herring spawn on kelp; (2) report daily all herring or herring spawn on kelp purchased from fishermen. or other processing records as specified by a department representative; and (3) submit fish tickets before departure from the area and no later than 1 0 days after termination of buying operations in the area. or as otherwise specified by a local representative of the department. Authority AS (a) (4), (5), (7), (12) AS AAC BRISTOL BAY HERRING MANAGEMENT PLAN. (a) The Bristol Bay herring fishery is still rapidly developing. Harvest trends by gear type are not well established between seine and gill net gear. Run liming, distribution and magnitude cannot be predicted based on past data for this new fishery and most forms of in seaso'n or pre-season regulations to achieve any predetermined catch allocation be tween gear types are not feasible. (b) It is the Board of Fisheries feeling that resource s1ze. relative gear numbers and efficiency of the two gear types will insure that all users will have ample opportunity to satisfy their economic requirements. Nevertheless. it is desirable to try to insure that neither gear type group is totally disadvantaged. The board therefore directs the staff of the department to take the following actions given the specified circumstances ( 1) when circumstances preclude the department from adequately assessihg biomass, the department may use the gill net fleet to test run strength; (2) when any single seine opening is less than 24 hours long. the opening for gill nets shall be three times that allowed for seines; (3) when any single seine opening is 24 hours or more. the open1ng for g1ll nets shall be equal to the opening for seines Authority. 38

40 SECURITY COVE (4) whenever possible, openings for both gear types must start at low tide or at the beginning of flood tide; (5) whenever possible, there must be separate openings for gill net and for purse seine gear; (6) whenever possible, the gill net fishery must open first. and all openings shall begin during daylight; (7) when a purse seine fishing period is one hour or less, the gill net fishing period must be for at least five hours; (8) in emergency situations, such as pending bad weather or a likely loss of roe recovery due to further delay in the opening, the department shall time openings as situations require. Authority: AS AS ARTICLE 13. STATISTICAL AREA W SECURITY COVE, ETOLIN STRAIT AREA. 5 AAC DESCRIPTION OF STATISTICAL AREA. Statistical area W has as its southern boundary a line extending west from Cape Newenham and as its northern boundary a line extending west from Dall Point. and as its western boundary the Inter national Date Line in the Bering Sea. Authority AS (a) (2) 5 AAC DESCRIPTION OF DISTRICTS. (a) The Security Cove District consists of all waters between the latitude of Cape Newenham and the latitude of the Salmon River (58 52 'N. lat.). (b) The Goodnews Bay District consists of that portion of Goodnews Bay inside a line between Department of Fish and Game markers placed near the bay entrance and a line between Department of Fish and Game markers placed near the mouth of the Ufigag River and on the opposite shore near the mouth of the Tunulik River. (c) The Nelson Island District consists of all waters north of the latitude of Chinigyak Cape (60 27 'N. lat.). south of the latitude of the southeasternmost tip of Kigigak Island (60 50'N. lat.). and east of 'W.Iong. (d) The Nunivak Island District consists of all waters extending three miles seaward of mean low water along the northern and eastern sides of Nunivak Island from Cape Algonquin (60 13 '33"N. lat., '30"W. long.) to Twin Mountain (60 02 'N. lat., 'W. long.). 5 AAC FISHING SEASONS AND PERIODS. (a) In the Security Cove, Goodnews Bay, Nelson Island, and Nunivak Island districts, herring may be taken only from May 1 through June

41 SECURITY COVE (b) In the Security Cove, Goodnews Bay, Nelson Island, and Nunivak Island districts, herring may be taken only during periods established by emergency order. Authority: AS AS AAC GEAR. Herring may be taken only with gill nets. except that herring may be taken by trawls dunng seasons established by emergency order. Authority: AS AS AAC GILL NET SPECIFICATIONS AND OPERATION. (a) No single herring gill net may be less than 50 fathoms in length, unless the gill net IS attached to a commercial herring fishing vessel and the gill net is personally attended by a hernng interim-use or entry permit holder. The aggregate length of herring gill net in use by a herring tnterim-use or entry permit holder may not exceed 1 00 fathoms tn length. No more than 1 00 fathoms of herring gill net may be operated from any commercially licensed hemng fishmg vessel (b) Each gill net in operation must be buoyed at both ends and at least one buoy must be plainly and legtbly marked with the permtttee s hemng intenm-use or entry per mit number Authority AS (a) (4). (5) 5 AAC VESSEL SPECIFICATIONS AND OPERATIONS. In the Nelson Island and Nunivak Island districts, no vessel used to take herring may be more than 30 feet in overall length. For purposes of this section, "overall length" means the straight line measurement between the extremities of the vessel. This section is repealed effective January AAC WATERS CLOSED TO HERRING FISHING. (a) Hernng may not be taken for commercial purposes in any waters of statistical area W that are not set forth in sec. 875 of thts chapter (b) Hernng spawn on kelp and herring spawn on any other substrate may not be taken for commerctal purposes in any waters of statistical area W. Authority AS (a) (2) AS AAC HARVEST STRATEGY. (a) In the Nelson Island and Nunivak Island districts, the department shall manage the commercial herring fishery for an exploitation rate not to exceed 10 percent of the estimated available biomass. 5 AAC BUYER REPORTING REQUIREMENTS. In addition to the requirements of 5 AAC (f) each buyer or his agent shall report in person to a local representative of the department upon arrival on the fishing grounds and before commencing operations in the Security Cove or Goodnews Bay districts. Each buyer shall: (1) identify and describe all vessels to be employed in processing or transporting herring In each district; 40

42 SECURITY COVE (2) report daily an herring purchased from fishermen or other processing records in each district as specified by a department representative, this may be arequirement for fish tender operators if specified by a local department representative; and; (3) submit fish tickets before departure from each d1stnct and no later than 10 days after termination of buying operations in each district or as otherwise specified by a local department representative. (a)(4).(5),(7),( 12) AS AAC POSSESSION OF SALMON. Salmon taken incidentally in conjunc tion with commercial herring fishing must be returned to the water (a)(2).(4).(10) 5 AAC SUPEREXCLUSIVE USE AREAS. (a) The Goodnews Bay District is a superexclusiveuse area. The Nelson Island and Nunivak Island districts are a combined superexclusive use area. (b) Any person that participates in the commercial taking of herring as a CFEC permit holder in a superexclusive use area at any time from February 1 through June 30 may not participate or have participated in the commercial taking of herring, either as a CFEC permit holder or a crew member aboard a vessel used to take herring, in another superexclusive or non-exclusive use area at any time from February 1 through June 30 of that same year. (c) Any person that participates in the commercial taking of herring as a crew member aboard a vessel that is used to take herring in a superexclusive use area at any time from February 1 through June 30 may not participate or have participated in any commercial taking of herring as a CFEC permit holder in another superexclusive or non-exclusive use area at any time from February 1 through June 30 of that year. (d) Any vessel used in the taking of herring in a superexclusive use area at any time from Februray 1 through June 30 may not be used or have been used in the taking of herring in another superexclusive or non-exclusive use area at any time from February 1 through June 30 of that year. (e) Notwithstanding (a) through (d) of this section, any person who participates in the taking of herring and any vessel used to take herring in the Goodnews Bay District may also participate in the taking of herring or be used to take herring in the Security Cove District. (f) This section is repealed effective January 1, POLICY STATEMENT OF MANAGEMENT OF THE NELSON ISLAND DISTRICT HERRING FISHERY Due to the importance of subsistence utilization of herring by local residents in the Nelson Island District. special measures are necessary to insure that the subsistence priority required by state law is provided during development of the commercial herring fishery in this area. Regulations necessary for the orderly development of the commercial herring fishery in the Nelson Island District do not in any way restrict the tak- 41

43 SECURITY COVE BERING SEA ing of herring or other fish for subsistence purposes. In addition, 5 AAC provides that commercial fishermen may retain fish for their subsistence use or for the subsistence use of other persons. To provide additional protection of the subsistence herring fishery, the following guidelines are provided: 1. The commercial fishery will be allowed to take up to ten percent of the available herring biomass, compared to up to twenty percent for most other fisheries having stocks of similar size and condition.,., 2. The commercial fishing season will be opened when a biomass of metric tons or spawning activity is documented. 3. Periodic closures of the commercial fishery will be scheduled, during which time subsistence fishing will be the only activity allowed. 4. Several important subsistence use areas occur throughout the district, including waters north of Cape Vancouver, and specific areas may be closed to commercial fishing to insure the adequacy of subsistence harvests. 5. The department will use all available means, including input from local residents, to insure the adequacy of subsistence herring harvests during the commercial fishing season. ARTICLE 14. STATISTICAL AREA Q. BERING SEA, KOTZEBUE AREA. 5 AAC DESCRIPTION OF STATISTICAL AREA. Statistical area Q has as its southern boundary a line extending west from Dall Point and as its northern boun dary a line extending west from Point Hope, and as its western boundary the lnterna tional Date Line in the Bering Sea and Chukchi Sea. (a)(2) 5 AAC DESCRIPTION OF DISTRICTS AND SUBDISTRICTS. (a) The Cape Romanzov District consists of all waters of Alaska between the latitude of Dall Point and 62 o N. lat. (b) The Norton Sound District consists of all waters between the latitude of the westernmost tip of Cape Douglas and the latitude of Canal Point Light. Subdistricts are as follows: ( 1 ) Subdistrict 1 consists of all waters south of the latitude of Spruce Creek (63 40' N. lat.); (2) Subdistrict 2 consists of all waters north of the latitude of Spruce Creek (63 40' N. lat.) and south of the latitude of Junction Creek (64 09' N. lat.); (3) Subdistrict 3 consists of waters north of the latitude of Junction Creek (64 09' N. lat.), south of the latitude of Island Point (64 32' N. lat.), and east of the longitude of the mouth of Kwiniuk River (162 02' W. long.); 42

44 BERING SEA (4) Subdistrict 4 consists of all waters north of the latitude of Island Point (64 o 32' N. lat.) and east of the longitude of the mouth of Kwiniuk River ( ' W. long.); (5) Subdistrict 5 consists of waters between the longitudes of the mouth of Kwiniuk River (162 02' W. long.) and Cape Darby ( ' W. long.) and north of the latitude of Junction Creek (64 og N. lat.); (6) Subdistrict 6 consists of waters between the longitudes of Cape Darby (162 47' W. long) and Rocky Point (163 08' W. long.) and north of the latitude of Junction Creek (64 og N. lat.); (7) Subdistrict 7 consists of all waters west of the longitude of Rocky Point ( 163 oa W. long.) and north of the latitude of Junction Creek (64 og N. lat.). (c) The Port Clarence District consists of all waters of Alaska between the latitude of Cape Douglas and the latitude of Cape Prince of Wales. (d) The Kotzebue District consists of all waters of Alaska between the latitude of Cape Prince of Wales and the latitude of Point Hope. (a) (2) 5 AAC FISHING SEASONS AND PERIODS. (a) In the Cape Roman zof District, herring may be taken only from May 1 through June 30 and only during periods established by emergency order. (b) In the Norton Sound District, herring may be taken only as follows: (1) from May 15 through June 30; (2) in Subdistrict 7, from September 1 through November 15; (c) In the Port Clarence and Kotzebue districts, herring may be taken from April 15 through November 15, except that herring may not be taken during the open commer cial salmon fishing season. Authority AS AS AAC GEAR. (a) Herring may be taken only by the gear specified for the following Districts: ( 1) Cape Romanzof District gill nets: (2) Norton Sound District: gill nets and beach seines. seines. (3) Port Clarence and Kotzebue Districts. gill nets. beach se1nes. and purse (b) Herring may be taken by trawls only during seasons established by emergency order. Authonty AS AS

45 BERING SEA 5 AAC GILL NET SPECIFICATIONS AND OPERATION. {a) In the Norton Sound, Port Clarence, and Kotzebue Districts, no more than 150 fathoms of herring gill net may be operated from any commercially licensed fishing vessel. No single herring gill net may be more than 150 fathoms in length. The aggregate length of gill net in use by a herring interim-use or permit holder may not be more than 150 fathoms in length. (b) In the Cape Romanzof District, no more than 100 fathoms of herring gill net may be operated from any commercially licensed fishing vessel. In the Cape Romanzof District, the aggregate length of gill net in use by a herring interim-use or permit holder may not be more than 1 00 fathoms In length. (c) Each gill net In operation must be buoyed at both ends and at least one buoy must be plainly and legibly marked with the permittee's herring interim-use or entry permit number. 5 AAC SEINE SPECIFICATIONS AND OPERATIONS. No seine may be more than 850 meshes in depth and no more than 150 fathoms in length, except that in the Norton Sound District, no seine may be more than 100 fathoms in length. 5 AAC WATERS CLOSED TO HERRING FISHING. (a) All waters of the Cape Romanzof District except those waters of Kokechik Bay enclosed by lines from the northernmost tip of Panowat Spit to the southwesternmost tip of Aniktun Island and from the nothernmost tip of Aniktun Island to the westernmost tip of Cape Romanzof are closed to the taking of herring. (c) The Port Clarence District east of a line from the northernmost tip of four Mile Point to the southernmost tip of Sunset Point is closed to the taking of herring. (d) Herring may not be taken in any waters of statistical area Q that are not set forth in sec. 905 of this chapter. (e) The Norton Sound and Cape Romanzof districts are closed to the taking of herring spawn on kelp or any other substrate. AS AAC MANAGEMENT STRATEGY. (a) The department shall manage the Norton Sound district herring sac-roe fishery so that the beach seine harvest does not exceed 10 percent of the total herring sac-roe harvest projection as published by the department. The board realizes that herring biomass projections, in-season assessments, and harvest monitoring by gear type are not accurate; therefore, the department shall not adjust the harvest projection after it has been published. (b) The harvest limit is Subdistrict 7 of the Norton Sound District from September 1 through November 15 is 10 metric tons of herring. 5 AAC BUYER REPORTING REQUIREMENTS. In addition to the re qulrements of 5 AAC (f) each buyer or his agent shall report in person to a local representative of the department upon arrival on the fishing grounds and before com mencing operations in the Cape Romanzof and Norton Sound districts and in person, 44

46 BERING SEA by radio or telephone upon arrival on the fishing grounds and before commencing operations in the Port Clarence and Kotzebue districts. Each buyer shall: ( 1) identify and describe all vessels to be employed in the processing or transporting of herring or herring spawn on kelp in each district; (2) report daily all herring or herring spawn on kelp purchased from fishermen or other processing records in each district as specified by a department represen!alive; this may be a requirement for fish tender operators if specified by a local depart ment representative, and; (3) submit fish tickets before departure from each district and no later than 10 days after termination of buying operations in each district or as otherwise specified by a local department representative. (al(4),(5),(7),( 12) 5 AAC POSSESSION OF SALMON. Salmon taken incidentally in conjunc lion with commercial herring fishing must be returned to the water. (al(2),(4},( 1 0} 5 AAC SUPEREXCLUSIVE USE AREAS. (a) The Cape Romanzof and Norton Sound districts are superexclusive use areas. (b) Any person that participates in the commercial taking of herring as a CFEC permit holder in a superexclusive use area at any time from February 1 through June 30 may not participate or have participated in the commercial taking of herring, either as a CFEC permit holder or a crew member aboard a vessel used to take herring, in another superexclusive or non-exclusive use area at any time from February 1 through June 30 of that same year. (c) Any person that participates in the commercial taking of herring as a crew member aboard a vessel that is used to take herring in a superexclusive use area at any time from February 1 through June 30 may not participate or have participated in the commercial taking of herring as a CFEC permit holder in another superexclusive or non-exclusive use area at any time from February 1 through June 30 of that year. (d) Any vessel used in the taking of herring in a superexclusive use area at any time from February 1 through June 30 may not be used or have been used in the taking of herring in another superexclusive or non-exclusive use area at any time from February 1 through June 30 of that year. 45

47 SELECTED GENERAL PROVISIONS CHAPTER 39. GENERAL PROVISIONS 5 AAC APPLICATION OF THIS CHAPTER. Requirements set forth in this chapter apply to commercial fishing only, except that sees. 105, 975 and 997 also apply to subsistence fishing. Other subsistence fishing regulations affecting commercial fishing vessels or affecting any other commercial fishing activity are set forth in the subsistence fishing regulations in chs. 1 and 2 of this title. ARTICLE 1 GENERAL 5 AAC LIABILITY FOR VIOLATIONS. Unless otherwise provided in 5 AAC 01-5 AAC 41 or AS 16, a person who violates a provision of 5 AAC 01-5 AAC 41 is strictly liable for the offense, regardless of his intent. Authority; AS AAC TYPES OF LEGAL GEAR. (a) All gear shall be operated in a manner conforming to its basic design. (b) The size of meshes of a gill net shall be substantially consistent. (c) All references to mesh size in the regulations are considered to be "stretched measure." (d) Unless otherwise provided in chs of this title, the following are legal types of gear: ( 1 ) a gill net is a net primarily designed to catch fish by entanglement in the mesh and consisting of a single sheet of webbing hung between cork line and lead line, and fished from the surface of the water; (2) a set gill net is a gill net that has been intentionally set, staked, anchored or otherwise fixed; (3) a drift gill net is a drifting gill net that has not been intentionally staked, anchored or otherwise fixed; (4) a purse seine is a floating net designed to surround fish and which can be closed at the bottom by means of a free-running line through one or more rings attached to the lead line: (5) a hand purse seine is a floating net designed to 1urround fish and which can be closed at the bottom by pursing the lead line; pursing may only be done by hand power and free-runn1ng line through one or more nngs attached to the lead line is not allowed: (6) a beach se1ne 1s a float1ng net designed to surround fish which 1s set from and hauled to the beach. 46

48 GENERAL PROVISIONS (e) In this section "crew" means the activities of a commercial fisherman as defined in AS (2) and "present and actively engaged in the operation of" means being present at the gear site and operating gear or assisting or supervising some portion of the immediate fishing operation. (a)(4),(5),(12) AS AS AAC REGISTRATION OF COMMERCIAL FISHING VESSELS. (a) A person who owns a commercial fishing vessel or his authorized agent shall register that vessel by completing a vessel license application or renewal form and submitting it to the Commercial Fisheries Entry Commission, unless the vessel is not required to be licensed under AS Vessel registration is required before fishing or transporting fish in any waters of Alaska. A vessel, if it is in compliance with all regulations governing registration and if it displays a license issued under AS , unless the vessel is not required to be licensed under AS , is considered to be registered under the laws of the state and may take or transport fish. It is unlawful to take, attempt to take or possess unprocessed fish aboard a vessel in the waters of Alaska unless the vessel is registered under the laws of the state. In this subsection: (1) "employ" or "employed" means taking or attempting to take fish, or transporting fish which have been taken or any operation of a vessel aiding or assisting in the taking or transporting of fish; (2) "in compliance with all regulations governing registration" includes vessel registration required by 5 AAC , 5 AAC , 5 AAC , 5 AAC , 5 ACC , 5 ACC , 5 ACC , 5 ACC , 5 ACC , and 5 ACC , and includes district or subdistrict registration requirements of 5 AAC 03-5 AAC 38, and includes the provisions of this section; (3) "registered under the laws of the state" means that a vessel displays a license described in 20 AAC and issued under AS , unless the vessel is not required to be licensed under AS , and that the registration provisions of 5 AAC 03-5 AAC 39 have been complied with and evidence of compliance is immediately available at all times during fishing or trasporting operations, and can be shown upon request,to an authorized representative of the department; 5 AAC REPORTS REQUIRED OF PROCESSORS, BUYERS AND FISHERMEN. (a) Each person, company, firm or other organization who is the first purchaser of raw fish. or who catches and processes. or has processed his own fish or by-products of fish shall: ( 1 ) furnish to the department each calendar year before operating a written statement of intent to operate with a description of the nature, extent and location of!he operation on forms available from the department; forms will not be processed and fish tickets will not be issued without certification that surety bonds as required by AS have been posted with the Commissioner of Labor and that a valid Alaska Business License or Fisheries Business License has been issued by the Department of Revenue; 47

49 GENERAL PROVISIONS (1 0) a trawl is a bag-shaped net towed through the water to capture fish or shellfish; (A) a beam trawl is a trawl with a fixed net opening utilizing a wood or metal beam; (B) an otter trawl is a trawl with a net opening controlled by devices commonly called otter doors; (18) a lead is a length of net employed for guiding fish into a seine; (19) an anchor is a device used to hold a salmon fishing vessel or net in a fixed position relative to the beach; this includes using part of the seine or lead, a ship's anchor, or being secured to another vessel or net that is anchored; (20) a herring pound is an enclosure used primarily to retain herring alive over extended periods of time; 5 AAC OPERATION OF NET GEAR. (a) Each fisherman shall operate or assist in operating only one type of net gear at any one time. (b) The person who holds a valid interim-use or entry permit card for any net gear shall be physically present during the operation of the gear except that salmon set gill net gear may be unattended in the Kotzebue-Northern, Norton Sound-Port Clarence, Yukon, and Kuskokwim areas. (c) Each interim-use or entry permit holder shall personally operate or assist in the operation of the net gear. "Personally operate or assist in the operation" means being physically present at the net gear site and operating net gear or assisting or supervising some portion of the immediate operation, except that salmon set gill net gear may be unattended in the Kotzebue-Northern, Norton Sound-Port Clarence, Yukon, and Kuskokwim areas. (d) No person may operate or assist in the operation of fishing net gear unless the interim-use or entry permit card holder for that gear is in compliance with (c) of this section. (a)(4) 5 AAC CREWMEMBER FISHING LICENSE REQUIREMENTS. (a) Each commercial fisherman who does not hold a valid interim-use or entry permit card issued by the Commercial Fisheries Entry Commission shall obtain a crewmember fishing license before fishing in any waters of Alaska. A crewmember fishing license is not required for the holder of a valid interim-use or entry permit card. (b) Not more than one crewmember fishing license may be obtained by a person during any one calendar year. (c) A crewmember licensee who does not hold a valid interim-use or entry permit card may crew in any fishery if the holder of a valid interim-use or entry permit card for that fishery is present and actively engaged in the operation of the fishing gear. (d) A valid interim-use or entry permit card holder may crew in any fishery. 48

50 -- GENERAL PROVISIONS (2) submit, no later than April 1, an operator's accurate and complete summary of activity for each Intent to Operate form filed for the previous year or a signed statement of nonactivity on forms available from the department; (3) furnish, verbally or in writing, purchasing or production records as requested by the department or its representative. (b) Each buyer of raw fish and each fisherman selling to buyers not licensed to process fish, and each person or company who catches and processes his own catch or has that catch processed by another person or company shall keep a record of each landing on ADF&G fish tickets. Fish tickets must be submitted to a local representative of the department at least once a week, or as otherwise specified by the department for each particular area and fishery. The operator of any fishing vessel whose port of landing is in the United States but outside Alaska, or who sells, transfers or delivers fish in the Seaward Biological Influence Zones shall submit a completed ADF&G fish ticket, or an equivalent document containing all of the information required on an ADF&G fish ticket, to the department before the fish are transported out of the jurisdiction of the state. The record must include the following: ( 1) the name of the individual or company buying the fish, the processor code assigned to each buyer by the department, and the signature of the buyer or his representative; (2) the full name and signature of the permit holder; fish; (3) the name or the Coast Guard number of the vessel employed in taking the (4) the date of the landing of the fish; (5) the permanent vessel license plate number, or for set gill nets and fishwheels, the fisherman's five digit CFEC permit serial number; (6) the type of gear by which the fish were taken; taken; (7) the nearest headland or bay or statistical catch area in which the fish were (8) information applicable to the following species: (C) the pounds of other fish or shellfish by species; (9) the CFEC permit number of the operator of the unit of gear with which the fish were taken, imprinted on the fish ticket from the valid permit card at the time of delivery only; the imprinting requirement of this paragraph may be suspended by a local representative of the department after presentation by the fisherman of documentation from the department or CFEC that the permit card has been lost, transferred or destroyed; if the above suspension is granted, then the buyer or fisherman shall write the permit number on the fish ficket at the time of delivery only; ( 1 0) other information the department may require. 49

51 GENERAL PROVISIONS (c) Each fisherman shall furnish to the buyer factual catch data necessary for completion of reports required by the department. (e) The following information regarding the transporting of unprocessed fish shall be transmitted to an authorized representative of the department either verbally, in writing or by telephone: (2) the numbers or pounds by species of all other fish shall be reported before being transported out of the state. (f) Operators of floating fish processing vessels shall report in person, or by radio or telephone to the local representative of the department located within the management area of intended operation before the start of processing operations. The report must include the initial processing location by district or subdistrict, the exact latitude and longitude of the location and the date of intended operation. Before moving the operation and upon arriving at a new location, the operator shall notify the local department representative in person, or by radio or telephone of the new location of operation by district or subdistrict and exact latitude and longitude of the location. The local representative of the department may waive all or part of the above requirements if he determines they are not necessary for the conservation or management of the fishery in that area. 5 AAC SEINE DRUMS UNLAWFUL. It shall be unlawful to have mounted aboard any seine vessel a seine drum or reel around which a seine can be coiled or rolled. Authority: AS (3) AS AAC TRAWL GEAR UNLAWFUL. It is unlawful to use any type of trawl gear for any commercial fishing purposes in the following locations: ( 1) Hinchinbrook Entrance of Prince William Sound during the open commercial Tanner crab fishing season in the area south of a line from a point at 60 o 30' N. lat., 14 7 ow. long. to Johnstone Point, east of a line from a point at 60 o 30' N. lat., 14 7 ow. long. to Middle Point, east of a line from Zaikof Point to Seal Rocks (60 o 10' N. lat., 146 o 50' W. long.), north a line from Seal Rocks to Cape Hinchinbrook, including all of Zaikof Bay and Port Etches: - (2) in the Northern herring fishing district of the Prince William Sound area as described in 5 AAC (c). Authority AS (a) (2), (4), (7) 5 AAC MONOFILAMENT PURSE SEINE WEB UNLAWFUL. It is unlawful to use single or multiple strand monofilament purse seine web. For the purpose of this regulation, "monofilament" means any single filament having more than 50 denier, that is weighing more than 50 grams per 9,000 meters of filament. Authority: AS (3) 50

52 -- GENERAL PROVISIONS 5 AAC DEFINITIONS. In 5 AAC (3) "buyer" means a person who purchases fish from the fisherman who caught the fish or who, for commercial purposes, processes fish he has caught himself; (4) "depth of net" means the perpendicular distance between cork line and lead line expressed as either linear units of measure or as a number of meshes, including all of the web of which the net is composed; (6) "gear" means any type of fishing apparatus; (7) "inclusive season dates" means whenever the doing of an act between certain dates or from one date to another is allowed or prohibited, the period of time thereby indicated includes both dates specified; the first date specified designates the first day of the period, and the second date specified designates the last day of the period; (8) "legal limit of fishing gear" means the maximum aggregate of a single type of fishing gear permitted to be used by one individual or boat, or combination of boats in any particular regulatory area, district or section; (9) "local representative of the department" means the nearest most accessible professional employee of the department, a person designated by the commissioner or by a professional employee of the department to perform a specific function for the department and a law enforcement officer of the Department of Public Safety; ( 11) "stretched measure" means the average length of any series of consecutive meshes measured from inside the first know and including the last knot when wet after use; the 1 0 meshes, when being measured, shall be an integral part of the net, as hung, and mesured perpendicular to the selvages; measurements shall be made by means of a metal type measure while the 1 0 meshes being measured are suspended vertically from a single peg or nail, under five-pound weight, except as other wise provided in this title; (22) "to operate fishing gear" means: (A) the deployment of gear in the waters of Alaska; (B) the removal of gear from the waters of Alaska; (C) the removal of fish or shellfish from the gear during an open season or period; or (D) possession of a gill net containing fish during an open fishing period; (24) "hung measure" means the maximum length of the cork line when measured wet or dry with traction applied at one end only. 51

53 GENERAL PROVISIONS 5 AAC ABBREVIATIONS AND SYMBOLS. (a) The abbrev1at1ons a.m. and p m 1nd1cate antemend1an and postmer1d1an respectively tor e1ther Standard Time or Daylight Saving T1me 1n conformance w1th the off1c1al t1me 1n use for Alaska (b) The symbols c. ". 1nd1cate degrees. m1nutes and seconds respectively. of longitude or latitude. based on the North Amencan datum of (c) Lat and long 1nd1cate lat1tude and long1tude respectively (d) E 1nd1cates east. N. 1nd1cates north. W 1nd1cates west. and S 1nd1cates south. All beanngs and d1rect1ons shall be construed to be true beanngs and true directions. Authonty AS (e) ADF&G 1S the abbrev1at1on tor Alaska Department of F1sh and Game (f) CFEC IS the abbrev1at1on for the Commerc1al F1shenes Entry CommiSSIOn Authority AS (a) 52

54 EDITOR'S NOTE: Herring fisheries that will be open for change at the ~inter 1985 meeting will be announced later this year. 5 AAC POLICY FOR CHANGING BOARD AGENDA. The Board o Fisheries may change its schedule for consideration of proposed regulatory changes ir accordance with the following gu1dehnes (1) a request for a change must state in writing the change proposed and the reason it should be considered out of sequence; (2) a request must be sent to the Executive Director of the Boards of Fisheries and Game before July 15. unless the board allows an exception to the deadline because of an emergency; (3) the executive director shall attempt to obtain comments on the request from as many board members as he can resonably contact; and (4) if a majority of the board members contacted approve the request. the executive director shall notify the public and the department of the agenda change The deadline for receipt of proposals lor the 1984 meeting is September