5 Alaska Admin. Code § 09.360

Current through March 29, 2024
Section 5 AAC 09.360 - Southeastern District Mainland Salmon Management Plan
(a) The purpose of this management plan is to provide guidelines to the department for the management of the interception of Chignik River sockeye salmon caught in the Southeastern District Mainland fishery conducted in the East Stepovak, Stepovak Flats, Northwest Stepovak, Southwest Stepovak, Balboa Bay, and Beaver Bay Sections. Except as specified in 5 AAC 09.330(f) (3), before July 11, only set gillnet gear may be used in these sections. For the purpose of the management plan in this section, local runs include only those salmon in the waters
(1) beginning July 1, in the Northwest Stepovak Section described in 5 AAC 09.200(f);
(2) in the Stepovak Flats Section described in 5 AAC 09.200(f).
(b) In years when the department expects a harvestable surplus for the early-run and late-run optimal escapement goals for Chignik River system sockeye salmon to be less than 600,000 fish, a commercial salmon fishery is not allowed in the East Stepovak, Stepovak Flats, I Southwest Stepovak, Balboa Bay, and Beaver Bay Sections, and in the Northwest Stepovak Section, excluding Orzinski Bay north of a line from Elephant Point 55° 41.92'N. lat., 160° 03.20' W. long, to Waterfall Point at 55° 43.18' N. lat., 160° 01.13' W. long., unfil the department projects a harvest of 300,000 sockeye salmon in the Chignik Area described in 5 AAC 15.100. After July 8, if at least 300,000 sockeye salmon have been harvested in the Chignik Area, and if the optimal escapement goals are being met, the department shall manage the fishery so that the number of sockeye salmon harvested in the Chignik Area will be at least 600,000 fish and the number of sockeye salmon destined for the Chignik River that are harvested in the East Stepovak, Stepovak Flats, Southwest Stepovak, Balboa Bay, and Beaver Bay Sections, and before July 1 in the Northwest Stepovak Section, approaches as near as possible 7.6 percent of the sockeye salmon harvest in the Chignik Area.
(c) In years when the department expects a harvestable surplus for the early-run and late-run optimal escapement goals for Chignik River sockeye salmon to be more than 600,000 fish but the early-run fails to develop as expected and it is determined that a total sockeye salmon harvest in the Chignik Area of 600,000 or more fish may not be achieved, the I commercial salmon fishery in the East Stepovak, Stepovak Flats, Southwest Stepovak, Balboa Bay, and Beaver Bay Sections, and in the Northwest Stepovak Section, excluding Orzinski Bay north of a line from Elephant Point 55° 41.92' N. lat., 160° 03.20' W. long., to Waterfall Point at 55° 43.18' N. lat., 160° 01.13' W. long., must be curtailed unfil the department projects a harvest in the Chignik Area of at least 300,000 sockeye salmon through July 8 if that number offish are determined to be surplus to the escapement goals of the Chignik River system. After July 8, if at least 300,000 sockeye salmon have been harvested in the Chignik Area, and if escapement goals are being met, the department shall manage the fishery so that the number of sockeye salmon harvested in the Chignik Area is at least 600,000 fish and the number of sockeye salmon destined for the Chignik River that are harvested in the East Stepovak, Stepovak Flats, Southwest Stepovak, Balboa Bay, and Beaver Bay Sections, and before July 1 in the Northwest Stepovak Section, approaches as near as possible 7.6 percent of the sockeye salmon harvest in the Chignik Area.
(d) In years when the department expects a harvestable surplus of at least 600,000 fish greater than the early-run and late-run optimal escapement goals for Chignik River sockeye salmon and the department determines that the runs are as strong as expected, the department shall manage the fishery so that the number of sockeye salmon destined for the Chignik River that are harvested in the East Stepovak, Stepovak Flats, Southwest Stepovak, Balboa Bay, and Beaver Bay Sections, and before July 1 in the northwest Stepovak Section, approaches as near as possible 7.6 percent of the sockeye salmon harvest in the Chignik Area.
(e) Beginning July 1,
(1) in the Northwest Stepovak Section, excluding Orzinski Bay north of a line from Elephant Point at 55º 41.92' N. lat., 160º 03.20' W. long. to Waterfall Point at 55º 43.18' N. lat., 160º 01.13' W. long., commercial fishing may not be open for more than an aggregate of 96 hours during a seven-day period;
(2) if the department expects the Orzinski Bay escapement to reach or exceed the upper bound of the sockeye salmon escapement goal range, the commissioner may, by emergency order, open the Northwest Stepovak Section, including all of Orzinski Bay with fishing periods as follows:
(A) set gillnet gear will be allowed to operate continuously through 12:00 midnight July 25;
(B) purse seine and hand purse seine gear will be allowed to operate as specified in (1) of this subsection;
(3) if the department expects that the sockeye salmon escapement goal will be met or exceeded, the waters of Orzinski Bay may be open to commercial salmon fishing continuously to
(A) set gillnet gear through July 10; and
(B) set gillnet gear, hand purse seine, and purse seine gear from July 11 through July 25.
(f) The estimate of sockeye salmon destined for the Chignik River has been determined to be 80 percent of the sockeye salmon harvested in the East Stepovak, Stepovak Flats, Southwest Stepovak, Balboa Bay, and Beaver Bay Sections, and before July 1 in the Northwest Stepovak Section. Beginning July 1, all sockeye salmon taken in the Northwest Stepovak Section are considered to be destined for Orzinski Bay.
(g) The percentage of sockeye salmon destined for the Chignik River that are harvested in the Southeastern District Mainland fishery may be permitted to fluctuate above or below 7.6 percent of sockeye salmon harvest in the Chignik Area at any time before July 25.
(h) The allocation method described in (a) - (g) of this section is in effect through July 25. The commissioner may not open the first fishing period of the commercial salmon fishing season in the East Stepovak, Southwest Stepovak, Balboa Bay, and Beaver Bay Sections, and before July 1 in the Northwest Stepovak Section, before the first fishing period of the commercial salmon fishing season in the Chignik Area. After July 25, the commissioner may open, by emergency order, commercial salmon fishing in the entire Southeastern District Mainland area for local stocks.
(i) During the period from approximately June 26 through July 8, the strength of the second run of the Chignik River system sockeye salmon cannot be evaluated. In order to prevent overharvest of the second run, the department may disallow or severely restrict commercial salmon fishing in the East Stepovak, Stepovak Flats, Southwest Stepovak, Balboa Bay, and Beaver Bay Sections during this period, and from June 26 through June 30 in the Northwest Stepovak Section.
(j) The commissioner shall open all commercial fishing periods by emergency order. Before commencement of the first commercial salmon fishing period of the season, the department shall give at least 24 hours' notice. For subsequent fishing periods, the department shall give at least 12 hours' notice. If an existing fishing period is extended, the department shall give notice of the extension as soon as possible before the end of the existing fishing period.
(k) Notwithstanding any other provision of this section, from July 1 through July 10, if the department determines that the Orzinski Lake sockeye salmon escapement objectives have been exceeded, in addition to set gillnet gear, the commissioner may open, by emergency order, the waters of Orzinski Bay west of 160º 04.25' W. long. to fishing with purse seine and hand purse seine gear.
(l) From July 26 through October 31,
(1) the department shall manage the fishery based on the abundance of local pink, chum, and coho salmon stocks;
(2) there must be at least one closed 36-hour period within a seven-day period. excluding Orzinski Bav when the department is managing for local sockevc salmon.

5 AAC 09.360

In effect before 1985; am 5/11/85, Register 94; am 6/2/88, Register 106; am 5/28/92, Register 122; am 5/17/95, Register 134; am 4/18/96, Register 138; am 5/31/98, Register 146; am 6/22/2001, Register 158; am 6/11/2005, Register 174; am 5/30/2007, Register 182; am 6/2/2010, Register 194; am 6/1/2013, Register 206; am 6/23/2023, Register 246, July 2023

Authority:AS 16.05.060

AS 16.05.251