5 AAC 31.035. Closure of shrimp registration areas and appeal procedures

(a) The commissioner shall monitor the condition of shrimp in all registration areas by using the data and information that are practically available.

(b) When the commissioner finds that continued shrimp fishing would jeopardize the health of shrimp stock within a registration area or portion of a registration area, the commissioner, by emergency order, shall close the registration area or portion of the registration area.

(c) In determining whether to close a registration area, the commissioner shall consider all appropriate factors to the extent there is information available. Factors which may be considered include

(1) the effect of overall fishing effort within the statistical area encompassing the registration area;

(2) catch per unit of effort and rate of harvest;

(3) relative abundance of shrimp within the area in comparison with preseason expectations of the department;

(4) such guideline harvest levels as may be promulgated by regulation;

(5) general information on the condition of shrimp within the area;

(6) information pertaining to the maximum sustainable yield level of shrimp within the registration area;

(7) timeliness and accuracy of catch reporting by buyers, fishermen or vessel operators within the registration area to the extent that such timeliness or accuracy may reasonably be expected to affect proper management; and

(8) adequacy of subsistence harvests within the registration area.

(d) If a registration area or portion of a registration area is closed to fishing for shrimp, the holder of a valid CFEC interim use or limited entry permit, or the vessel owner, or the owner's agent, of a vessel fishing for shrimp that was validly registered for the registration area or portion of the registration area may submit a written request to the commissioner to reopen the registration area or portion of the registration area. The person making a request to reopen the closed area shall make the request within five days following its closure. In considering the request to reopen, the commissioner shall consider all relevant information concerning the condition of shrimp stocks within the closed area. Within 14 days after the receipt of the request, the commissioner shall publicly announce a decision either to retain the closure or to reopen by emergency order the registration area or portion of the registration area.

(e) Repealed 5/8/98.

(f) The provisions of this section also apply to closures to fishing for shrimp of districts, subdistricts, sections, or any other portion of a registration area.

History: In effect before 1988; am 5/8/98, Register 146

Authority: AS 16.05.060

AS 16.05.251

Editor's note: As of Register 146, July 1998, the substance of former 5 AAC 31.035(e) appears in 5 AAC 31.031.

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