Title 5 . Fish and Game

Chapter 27 . Transportation, Possession and Release of Live Fish; Aquatic Farming

Section 185. Management plan for herring spawn on kelp in pounds fisheries in Sections 3-B, 12-A, and 13-C, and District 7

5 AAC 27.185. Management plan for herring spawn on kelp in pounds fisheries in Sections 3-B, 12-A, and 13-C, and District 7

(a) In Sections 3-B, 12-A, and 13-C, and District 7, of the Southeastern Alaska Area, the department shall set an annual guideline harvest range for herring spawn on kelp in pounds based on the forecasted return of mature spawning herring. The department shall manage the fishery to keep the harvest within the guideline harvest range each season by restricting CFEC permit holders operating a herring spawn-on-kelp pound to a specific number of kelp blades or fronds annually according to the provisions of this section.

(b) In Sections 3-B, 12-A, and 13-C, and District 7, a herring spawn-on-kelp CFEC permit holder may jointly operate an open pound with one or more other herring spawn-on-kelp CFEC permit holders and a closed pound with up to two other herring spawn-on-kelp CFEC permit holders. A permit holder operating an open pound may use fronds or individual kelp blades in the open pound, but may not use both during a fishing season.

(c) In Section 3-B, the kelp allocation per permit holder is as follows:

Guideline Harvest Range for Herring (tons) Single-Perm it Closed Pounds Double-Permit Closed Pounds Triple-Perm it Closed Pounds Single-Per mit Open Pounds Multiple-Per mit Open Pounds 200 - 599 200 blades 400 blades 550 blades 100 fronds or 300 fronds or 1,000 blades 3,000 blades 600 - 799 300 blades 450 blades 675 blades 150 fronds or 450 fronds or 1,500 blades 4,500 blades 800 - 999 400 blades 600 blades 900 blades 200 fronds or 600 fronds or 2,000 blades 6,000 blades 1,000 or more 600 blades 750 blades 1,125 blades 250 fronds or 750 fronds or 2,500 blades 7,500 blades

(d) In Section 13-C, the kelp allocation per permit holder is as follows:

Guideline Harvest Range for Herring (tons) Single-Perm it Closed Pounds Double-Permit Closed Pounds Triple-Perm it Closed Pounds Single-Per mit Open Pounds Multiple-Per mit Open Pounds 100 - 249 None None None 60 fronds or 60 fronds or 600 blades 600 blades 250 - 399 200 blades 400 blades 500 blades 110 fronds or 110 fronds or 1,100 blades 1,100 blades 400 - 599 300 blades 500 blades 750 blades 160 fronds or 160 fronds or 1,600 blades 1,600 blades 600 - 799 1,000 blades 2,500 blades 1,500 blades 230 fronds or 230 fronds or 2,300 blades 2,300 blades 800 or more 2,000 blades 3,000 blades 1,500 blades 300 fronds or 300 fronds or 3,000 blades 3,000 blades

(e) In District 7 and Section 12-A, the kelp allocation per permit holder is as follows:

Guideline Harvest Range for Herring (tons) Single-Perm it Closed Pounds Double-Permit Closed Pounds Triple-Perm it Closed Pounds Single-Per mit Open Pounds Multiple-Per mit Open Pounds 50 - 99 None None None 100 fronds or 300 fronds or 1,000 blades 3,000 blades 100 - 299 200 blades 400 blades 500 blades 150 fronds or 450 fronds or 1,500 blades 4,500 blades 300 - 499 300 blades 500 blades 500 blades 200 fronds or 600 fronds or 2,000 blades 6,000 blades 500 - 699 400 blades 500 blades 500 blades 250 fronds or 750 fronds or 2,500 blades 7,500 blades 700 or more 1,000 blades 2,000 blades 1,000 blades 250 fronds or 750 fronds or 2,500 blades 7,500 blades

(f) Pounds for the taking of herring spawn on kelp and seines for the taking of herring for placement in pounds may be operated only in the following locations:

(1) in Section 3-B, in the waters of San Alberto Bay, Shinaku Inlet, and San Christoval Channel north of a line from Entrance Point to the southernmost tip of Clam Island to the southernmost tip of Fern Point and east of 133ΓΈ 20' W. long.; in Section 3-B, the following waters are closed to herring spawn-on-kelp pounds and to seining for taking herring for pounds:

(A) Klawock Inlet and Big Salt Lake;

(B) the waters of San Christoval Channel in the main channel enclosed by a line from 55ΓΈ 35.62' N. lat., 133ΓΈ 20' W. long. to 55ΓΈ 35.17' N. lat., 133ΓΈ 20' W. long. to 55ΓΈ 33.37' N. lat., 133ΓΈ 17.52' W. long. to 55ΓΈ 33.50' N. lat., 133ΓΈ 17.28' W. long.;

(C) the waters of Fish Egg and Ballena Islands south of 55ΓΈ 31' N. lat. and north of the southernmost tip of Cape Suspiro and east of the longitude of Ballena Island Shoal Light;

(2) in District 7, in the waters of Ernest Sound east of a line from Point Eaton to Lemesurier Point;

(3) in Section 12-A, in the waters of Chatham Strait and Tenakee Inlet south of the latitude of 57ΓΈ 46' N. lat., and north of the latitude of Peninsular Point (57ΓΈ 30.30' N. lat.) and west of 134ΓΈ 50' W. long.;

(4) in Section 13-C, in the waters of Hoonah Sound north and west of a line from Point Marie to a point on the northern shore of Hoonah Sound at 57ΓΈ 37.38' N. lat., 135ΓΈ 27' W. long.

(g) Herring for placement in a closed herring spawn-on-kelp pound may be captured only with power seines or hand purse seines and may only be transferred to a closed pounds in

(1) Section 3-B after 12:00 noon, March 17 until closed by emergency order;

(2) District 7 after 12:00 noon, April 1 until closed by emergency order;

(3) Section 12-A after 12:00 noon, April 6 until closed by emergency order; and

(4) Section 13-C after 12:00 noon, April 6 until closed by emergency order.

(h) In Section 3-B, the harvest limit for the bait fisheries is 60 percent of the guideline harvest level for the Craig/Klawock herring stock, and the harvest limit for the spawn-on-kelp pound fishery is 40 percent of that guideline harvest level. Any portion of the harvest limit not taken by the bait fishery during a calendar year may be taken by the pound fishery during that year.

(i) In District 7, the harvest limit for the spawn-on-kelp pound fishery is the amount of any annual guideline harvest level for the Ernest Sound herring stock that is not harvested by the bait fisheries. If the remaining guideline harvest level is less than 50 tons, there will be no spawn-on-kelp pound fishery.

(j) Section 12-A, the harvest limit for the spawn-on-kelp pound fishery is the amount of any annual guideline harvest level for the Tenakee Inlet herring stock that is not harvested by the bait fisheries. If the unharvested portion of the guideline harvest level is less than 50 tons, there will be no spawn-on-kelp pound fishery.

(k) Before kelp or herring are added to a pound, a permit holder must plainly and legibly mark the permit holder's first and last name and five-digit CFEC permit number in a conspicuous place on the pound. The sign must be vertical, and the markings must be clearly visible and above the surface of the water at all times. The letters and numbers used to identify a pound must be at least six inches high with lines at least one-half inch wide and must contrast with the background. If a pound is being operated as a multiple-permit pound, the first and last names and five-digit CFEC permit numbers of all permit holders operating the pound must be placed on a single sign. The sign must be left on the pound structure or the webbing support system the entire time any part of the pound or pound system is in the water.

( l ) A permit holder using a tow pound for transporting herring to a closed pound must permanently affix a horizontal sign stating "Tow Pound" to the top surface of the tow pound. The letters must be at least six inches high with lines at least one-half inch wide and must contrast with the background. A permit holder may introduce herring into a tow pound multiple times before transferring the herring to a spawn-on-kelp pound.

(m) A permit holder may place the permit holder's kelp in no more than one pound. Before kelp is introduced into the spawn-on-kelp pound, a permit holder must store the kelp in a manner that prevents herring from spawning on the kelp.

(n) On a line or structure used to suspend kelp, a permit holder shall affix a legible tag showing above the water surface that states the number of blades or fronds on that line or structure and that states the permit holder's first and last name. In a multiple-permit pound, each permit holder must keep that permit holder's kelp on lines or structures separate from lines or structures that support kelp belonging to other permit holders.

(o) A permit holder must be physically present at the permit holder's pound fishing site during operation of the pound. For the purpose of this subsection, "operation of the pound" means

(1) when kelp is being placed into a pound structure;

(2) when herring is being captured and transferred into a closed pound;

(3) when an open pound is being moved; and

(4) when kelp product is being collected from the pound.

(p) A permit holder must be physically present when the permit holder's herring spawn-on-kelp product produced in a pound is being sold.

(q) A permit holder may transfer additional herring into a closed pound, only until herring have been released or product has been harvested from the pound. After herring have been released or product has been harvested from a pound, a permit holder using that pound may not fish for herring or add kelp to the pound. A permit holder may not transfer herring into a pound after 11:59 p.m. on the fourth day following the first transfer of herring into the pound. If the commissioner determines it is necessary for the conservation of herring stocks the commissioner may, by emergency order, restrict the placement of herring into pounds.

(r) Permit holders operating two separate closed pounds must notify the local representative of the department before connecting the permit holder's pounds. No more than two pounds may be connected into a combined structure. After the permit holders have connected two pounds, the permit holders may not transfer additional herring into the combined pound. After two pounds are connected under this section, the permit holders may drop the wall between the pounds so that herring may swim between the connected pounds.

(s) A permit holder may not retain herring in a closed pound for more than six days and must release the herring by 11:59 p.m. on the sixth day, with the first day being the day that herring are placed into the pound. When releasing herring, a permit holder must lower at least one full side of a pound's webbing at least six feet below the surface of the water to allow herring to escape.

(t) After a permit holder releases herring and harvests product from the pound, the permit holder must maintain the pound and webbing in place for at least four weeks. To optimize hatching success the permit holder must position egg-covered webbing in the original size and configuration of the pound structure with adequate water circulation on all sides. The webbing support system must be above the surface of the water and clearly marked as specified in (k) of this section.

(u) A permit holder must release all herring from a pound operated by that permit holder. A permit holder may not retain and use herring that has been introduced into a pound as bait for commercial use, sport use, personal use, or subsistence use.

(v) After notifying the department, a permit holder may release herring from a closed pound and fish the pound as an open pound. All webbing on the closed pound must be removed. The permit holder will not be entitled to additional kelp and may operate the pound only as an open pound for the remainder of the season.

(w) A permit holder shall completely remove all pounds and associated equipment from the waters in

(1) Section 3-B by 12:00 noon May 31;

(2) District 7 by 12:00 noon May 31;

(3) Section 12-A by 12:00 noon June 10;

(4) Section 13-C by 12:00 noon June 10.

(x) A CFEC permit holder operating a multiple-permit pound is subject to liability if the pound, at any time, contains more than the legal amount of kelp.

(y) Spawn-on-kelp blades or fronds belonging to a permit holder must be kept separate from spawn-on-kelp blades or fronds belonging to another permit holder until all spawn on kelp from a pound has been weighed and graded.

(z) A closed pound is considered to be fishing once herring have been introduced into the closed pound structure and is considered to have stopped fishing once all herring have been released and all of the spawn-on-kelp product has been removed from the closed pound structure.

(aa) An open pound is considered to be fishing once kelp has been attached to the open pound structure and is considered to have stopped fishing once all of the spawn-on-kelp product has been removed from the open pound structure.

(bb) Each permit holder is responsible for all operations of the pound and pound system.

(cc) For the purposes of this section,

(1) "fronds" means the kelp stipe and naturally attached blades;

(2) "multiple-permit pound" includes,

(A) for a closed pound, a double-permit and triple-permit closed pound; and

(B) for an open pound, a multiple-permit open pound.

History: Eff. 6/25/89, Register 110; am 4/30/91, Register 118; am 4/23/94, Register 130; am 1/29/98, Register 145; am 9/10/2000, Register 155; am 3/11/2001, Register 157; am 4/24/2003, Register 166; am 4/2/2006, Register 177

Authority: AS 16.05.060

AS 16.05.251