5 AAC 38.035. Closure of miscellaneous shellfish registration areas and reopening procedures

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

(b) When the commissioner finds that continued fishing would jeopardize the health of a shellfish species described in this chapter in a registration area or portion of a registration area, the commissioner, by emergency order, shall close fishing for that shellfish species in the registration area or portion of the registration area.

(c) In determining whether to close a registration area or portion of a registration area, the commissioner shall consider all appropriate factors to the extent there is information available on the factors. Factors that the commissioner shall consider include

(1) the effect of overall fishing effort within the registration area encompassing the territorial waters of Alaska;

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

(3) relative abundance of miscellaneous shellfish resources in the registration area or portion of the registration area in comparison with preseason expectations of the department;

(4) the guideline harvest levels that have been set by regulation;

(5) the proportion of immature shellfish being handled;

(6) general information on the condition of miscellaneous shellfish within the registration area or portion of the registration area;

(7) information pertaining to the maximum sustainable yield level of miscellaneous shellfish within the registration area or portion of the registration area;

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

(9) adequacy of subsistence harvest within the registration area or portion of the registration area.

(d) If a registration area or portion of a registration area is closed to fishing for a miscellaneous shellfish resource, the holder of a valid CFEC interim use or limited entry permit for the resource in the registration area or portion of the registration area that was closed, or the vessel owner, or the owner's agent, of a vessel that was validly registered to fish for the miscellaneous shellfish resource in the registration area or portion of the registration area may request in writing that the commissioner reopen the registration area or portion of the registration area. A person making a request under this subsection to reopen the registration area or portion of the registration area shall make the request within five days following the closure. In considering the request to reopen, the commissioner shall consider all relevant information on the condition of the miscellaneous shellfish resource 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 act by emergency order to reopen the registration area or portion of the registration area.

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

Authority: AS 16.05.060

AS 16.05.251

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