Title 5 . Fish and Game

Chapter 35 . Transportation, Possession and Release of Live Fish; Aquatic Farming

Section 31. Tanner crab landing requirements

5 AAC 35.031. Tanner crab landing requirements

(a) Unless otherwise specified in this chapter and except as provided in (b) of this section, a Tanner crab vessel shall land all Tanner crab in the registration area for which it is validly registered at the time of the landing.

(b) The owner, or the owner's agent, of a Tanner crab vessel validly registered for a registration area that intends to land Tanner crab in another registration area shall contact, by radio or telephone, a local representative of the department for an authorization before leaving the registration area for which that vessel is registered and shall submit to an inspection at a location specified by the representative. The vessel owner, or the owner's agent, shall contact the representative located in the registration area for which that vessel is validly registered at the time of the contact. A vessel landing Tanner crab in another registration area under an authorization granted under this subsection may not, at the time of landing, have more Tanner crab on board than were present at the time of the inspection. If the local representative of the department does not require an inspection under this subsection, the vessel owner, or the owner's agent, making radio or telephone contact shall state to the representative the amount of Tanner crab on board the vessel at the time of the contact. A vessel authorized to land Tanner crab in another registration area without an inspection may not land 10 percent more or less Tanner crab than the amount stated at the time of the contact with the representative.

(c) Unless otherwise specified in this chapter, after 24 hours following the closure of a Tanner crab registration area, a Tanner crab vessel registered for that area may not have Tanner crab on board while it is in waters subject to the jurisdiction of the state

(1) unless the vessel is otherwise in compliance with 5 AAC 35.020, and 5 AAC 35.030 if applicable;

(2) unless the vessel owner, or the owner's agent, has contacted in person or by radio or telephone a local representative of the department at a landing port or inspection point specified in this chapter or by the department, and the representative has authorized the extended possession of Tanner crab; contact with the representative must be made within the 24-hour period following the season closure for the registration area;

(3) unless the vessel owner, or the owner's agent, that catches and processes Tanner crab has complied with the gear storage requirements in 5 AAC 35.052(a) (1), and the landing requirements specified in this section or specified for a specific registration area, and has contacted a local representative of the department within the times specified in this subsection, and the representative has authorized extended possession of Tanner crab for purposes of processing or transportation;

(4) unless, if the Tanner crab are processed, no more than 90 days have passed since the closure of the registration area or district, and the vessel is carrying a department-approved onboard observer for the entire 90-day period.

(d) Except in Registration Area A, the provisions of (a) - (c) of this section also apply to the closure of districts, subdistricts, sections, or any other portion of a registration area.

(e) The owner, or the owner's agent, of a vessel landing Tanner crab under an authorization granted under (b) of this section shall attach the inspection certificate issued under 5 AAC 35.020 to the back of the department copy of the fish ticket at the time the Tanner crab are landed.

(f) The owner, or the owner's agent, of a Tanner crab vessel that has sunk or upon which the death of a crew member has occurred that prevents timely removal or storage of gear at the time of closure, as specified in 5 AAC 35.052, may apply to the commissioner for a permit to sell legal size male Tanner crab taken when the pots are retrieved by the vessel owner, or the owner's agent, after the Tanner crab season is closed in the registration area. The application must be made within 14 days after the sinking of the vessel or death of a crew member as described in this subsection. A fish ticket for a delivery made under this subsection must attribute the harvest of the Tanner crab to the lost vessel or the vessel upon which the death of a crew member has occurred.

(g) A catcher-processor vessel carrying processed Tanner crab out of state waters that had 100 percent onboard observer coverage during the fishing season, is not required to carry an onboard observer while transiting out of state waters if

(1) the vessel departs to the port where it will off-load its Tanner crab within 21 days after departing the registration area;

(2) the vessel owner, or the owner's agent, gives a check out/check in report by notifying the department at least 24 hours in advance of the vessel's departure time and of its estimated time of arrival at the port where the vessel will off-load Tanner crab;

(3) the vessel has a pre-transit inspection by the department before departing;

(4) the vessel proceeds immediately and directly to the port where it will off-load Tanner crab;

(5) the vessel owner, or the owner's agent, notifies the department upon arrival at the port where the vessel will off-load Tanner crab;

(6) the vessel owner, or the owner's agent, complies with any department request for copies of off-load shipping documents; and

(7) the vessel owner, or the owner's agent, cooperates with a department request for an independent third party verification of an off-loading under this section.

History: Eff. 9/29/96, Register 139; am 7/21/99, Register 151; am 8/24/2002, Register 163; am 8/14/2005, Register 175; am 8/28/2005, Register 175

Authority: AS 16.05.251