5 AAC 32.035. Closure of Dungeness crab registration areas and appeal procedures

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

(b) When the commissioner finds that continued Dungeness crab fishing would jeopardize the health of the Dungeness crab stock within a registration area or portion of a registration area, the commissioner, by emergency order, shall close fishing for Dungeness crab in that 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 on such factors. 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) such guideline harvest levels as may be promulgated by regulation;

(4) the proportion of immature or soft shell Dungeness crab being handled;

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

(6) information pertaining to the maximum sustainable yield level of Dungeness crab 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 Dungeness crab, the holder of a valid CFEC interim use or limited entry permit for Dungeness crab in the registration area or portion of the registration area, or the vessel owner, or the owner's agent, of a vessel that was validly registered to fish for Dungeness crab in 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 the closure. In considering the request to reopen, the commissioner shall consider all relevant information concerning the condition of Dungeness crab stocks within the closed registration area or portion of the registration area. Within 14 days after receiving the request, the commissioner shall publicly announce a decision either to maintain 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 (a) - (d) of this section also apply to closures of districts, subdistricts, sections or any other portion of a registration area to fishing for Dungeness crab.

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

Authority: AS 16.05.020

AS 16.05.060

AS 16.05.251

Editor's note: As of Register 146, July 1998, the substance of former 5 AAC 32.035(e) appears in 5 AAC 32.031.

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