5 Alaska Admin. Code § 39.164

Current through September 25, 2024
Section 5 AAC 39.164 - Nonpelagic trawl gear restrictions
(a) Non-pelagic trawl gear may be operated in all waters of Tanner crab Registration Area J (5 AAC 35.500) only if, as may be required under 5 AAC 39.163(c), an onboard observer is present on the vessel when gear is being operated, only under the conditions of a permit issued by the commissioner, and only in locations and during periods not otherwise closed to non-pelagic trawling under (b) or (c) of this section. The permit
(1) must specify the locations and times when non-pelagic trawl gear may be operated;
(2) may restrict the amount of fish and shellfish that may be harvested within a specified location; and
(3) must be obtained in person at a department office located within the statistical area.
(b) Non-pelagic trawl gear may not be operated in waters of Alaska as follows:
(1) the waters of Alaska in the Kodiak groundfish registration area described in 5 AAC 28.400;
(2) repealed 7/2/99;
(3) in waters of the Chignik groundfish registration area described in 5 AAC 28.500, and in that portion of the South Alaska Peninsula groundfish registration area described in 5 AAC 28.550 between a line extending from the southernmost tip of Kupreanof Point at 55° 33.98' N. lat., 159° 35.88' W. long., to a point offshore at 53° 40.46' N. lat., 156° 20.22' W. long, and the longitude of Scotch Cap Light at 164° 44.72' W. long., except the waters
(A) in the area enclosed by 55° 14' N. lat., 55° 34' N. lat., 159° 20' W. long., and 160° 04' W. long.;
(B) of Alaska around Sanak and Caton Islands north of 54° 22.80' N. lat. and east of 162° 41.83' W. long.;
(4) in the following waters of king crab Registration Area O (5 AAC 34.600) from January 1 through December 31:
(A) Akutan Bay closure, all waters of Akutan Bay south of a line from Akun Head (54° 18' N. lat., 165° 38' W. long.) to North Head (54° 13.50' N. lat., 165° 56' W. long.), and north of 54° 08' N. lat.;
(B) Unalaska Bay closure, all waters of Unalaska Bay enclosed by a line from Cape Cheerful (54° 01' N. lat., 166° 40' W. long.) to Cape Kalekta (54° 00.50' N. lat., 166° 22.50' W. long.);
(C) Makushin Bay closure, all waters of Makushin Bay enclosed by a line from Cape Kovrizhka (53° 51' N. lat., 167° 09.50' W. long.) to Cape Idak (53° 31.33' N. lat., 167° 48' W. long.) to Konets Head (53° 19' N. lat., 167° 51' W. long.);
(D) Inanudak Bay closure, all waters of Inanudak Bay enclosed by a line from Cape Aslik (53° 25' N. lat., 168° 24.50' W. long.) to Cape Illmalianuk (53° 16.50' N. lat., 168° 36' W. long.);
(E) Akun Bay closure, all waters of Akun Bay enclosed by a line from Billings Head (54° 17.50' N. lat., 165° 28.50' W. long.) to 54° 13' N. lat., 165° 24.50' W. long. on the opposite shore;
(F) Beaver Inlet closure, all waters of Beaver Inlet south of a line from Brundage Head (53° 56' N. lat., 166° 12.50' W. long.) to Cape Sedanka (53° 50.50' N. lat., 166° 05.33' W. long.) and north of 53° 42' N. lat.;
(5) the department shall close, by emergency order, waters of king crab Registration Area T (5 AAC 34.800) in a manner that matches closures of the exclusive economic zone made by the federal government;
(6) repealed 2/22/2015;
(7) repealed 4/24/2009;
(8) the St. Lawrence Island Habitat Conservation Area as described in 50 C.F.R. Part 679, Table 45, as revised as of August 25, 2008;
(9) the Northern Bering Sea Research Area as described in 50 C.F.R. Part 679, Table 43, as revised as of August 25, 2008;
(10) the Nunivak Island, Etolin Strait, and Kuskokwim Bay Habitat Conservation Area as described in 50 C.F.R. Part 679, Table 44, as revised as of August 25, 2008;
(11) the waters of Alaska of the Bering Sea east of 162° W. long.
(c) Repealed 7/21/99.

5 AAC 39.164

Eff. 7/12/86, Register 99; am 4/14/93, Register 126; am 5/17/95, Register 134; am 9/4/97, Register 143; am 9/12/97, Register 143; am 7/21/99, Register 151; am 3/11/2001, Register 157; am 4/24/2009, Register 190; am 5/31/2009, Register 190; am 5/1/2014, Register 210, July 2014; am 2/22/2015, Register 213, April 2015; am 8/27/2016, Register 219, October 2016; am 9/19/2019,Register 231, August 2019

Authority:AS 16.05.060

AS 16.05.251