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Title 5 . Fish and Game
Chapter 31 . Transportation, Possession and Release of Live Fish; Aquatic Farming
Section 53. Operation of other pot gear

5 AAC 31.053. Operation of other pot gear

(a) Unless otherwise specified in this chapter, the provisions of this section apply to persons and vessels used in a commercial shrimp fishery.

(b) A person may not participate in a commercial shrimp fishery in a shrimp registration area if the person

(1) operated commercial, subsistence, sport, or personal use shrimp gear during the 14 days immediately before the opening of a commercial shrimp fishery in that shrimp registration area; or

(2) operates a vessel that was used or operated by the person or by another person in a commercial, subsistence, sport, or personal use shrimp fishery during the 14 days immediately before the opening of the commercial shrimp fishery in that shrimp registration area.

(c) A person who participated in a commercial shrimp fishery in a shrimp registration area

(1) may not operate shrimp gear for commercial, subsistence, sport, or personal use fishing in that registration area during the 14 days immediately following the close of the shrimp fishery unless

(A) the person removes all commercial shrimp pots from the water or puts the pots in storage, as specified in 5 AAC 31.052, and contacts, in person, the local representative of the department in the registration area and makes a request that the vessel's shrimp registration be canceled, and the department cancels the vessel's shrimp registration; or

(B) commercial shrimp pots are lawful gear for another fishery, the person who operates the pots holds a valid ADF&G or CFEC permit for the other fishery, and the person contacts, in person, the local representative of the department and makes a request that the vessel's shrimp registration be canceled and the department cancels the vessel's shrimp registration; or

(2) may not operate, for commercial, subsistence, sport, or personal use fishing in that registration area during the 14 days immediately following the close of the shrimp fishery, a vessel that was used or operated by the person or by another person in the commercial shrimp fishery in the shrimp registration area unless

(A) the person who used or operated the vessel in the commercial shrimp fishery removes all commercial shrimp pots from the water or puts the pots in storage, as specified in 5 AAC 31.052, and contacts, in person, the local representative of the department in the registration area and makes a request that the vessel's shrimp registration be canceled, and the department cancels the vessel's shrimp registration; or

(B) commercial shrimp pots are lawful gear for another fishery, the person who operates the pots holds a valid ADF&G or CFEC permit for the other fishery, and the person who used or operated the vessel contacts, in person, the local representative of the department and makes a request that the vessel's shrimp registration be canceled and the department cancels the vessel's shrimp registration.

(d) A person

(1) may stop participating in a commercial shrimp fishery and instead may operate commercial pots other than shrimp pots if

(A) the person removes the shrimp pots from the water or puts them in storage as specified in 5 AAC 31.052; and

(B) the vessel owner, or owner's agent, contacts a local representative of the department, in person, and requests that the department cancel the vessel's shrimp registration, and the department cancels the vessel's shrimp registration; or

(2) may stop using a vessel to participate in a commercial shrimp fishery and instead may use the vessel to operate commercial pots other than shrimp pots if

(A) the person removes the shrimp pots from the water or puts them in storage, as specified in 5 AAC 31.052; and

(B) the vessel owner, or owner's agent, contacts a local representative of the department, in person, and requests that the department cancel the vessel's shrimp registration, and the department cancels the vessel's shrimp registration.

History: Eff. 5/8/98, Register 146

Authority: AS 16.05.251


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Last modified 7/05/2006