5 Alaska Admin. Code § 40.042

Current through August 30, 2024
Section 5 AAC 40.042 - Northern Southeast Regional Aquaculture Association Special Harvest Areas
(a) The following special harvest areas are established for the Northern Southeast Regional Aquaculture Association:
(1) repealed 4/23/94;
(2) repealed 5/31/2009;
(3) Patterson Bay, for coho salmon: all waters of Patterson Bay north of 56º 34' N. lat.; fishing periods for the hatchery permit holder will be opened and closed by emergency order;
(4) Bear Cove, for king and coho salmon: the waters of Bear Cove and Silver Bay east of a line from 57º 00.63' N. lat., 135º 09.80' W. long., to 57º 00.75' N. lat., 135º 10.58' W. long., to 57º 01.07' N. lat., 135º 09.93' W. long. will be open for the hatchery permit holder from 12:01 a.m. May 10 until 11:59 p.m. October 31;
(5) Hidden Falls,
(A) for chum and king salmon: the waters of District 12 within two nautical miles of the Baranof Island shoreline south of the latitude of South Point and north of 57º 06.83' N. lat., excluding the waters of Kelp Bay, will be open for harvest by the hatchery permit holder from 12:01 a.m. June 1 until 11:59 p.m. August 15;
(B) for coho salmon: Kasnyku Bay west of a line from 57º 13.33' N. lat., 134º 50.93' W. long. to the northernmost tip of an unnamed island of Kasnyku Bay located at 57º 12.93' N. lat., 134º 51.40' W. long. and then due south to the southern shore of Kasnyku Bay will be open for harvest by the hatchery permit holder from 12:01 a.m. August 1 until 11:59 p.m. October 31;
(6) Silver Bay, for chum salmon:
(A) will be open for harvest by the hatchery permit holder from 12:01 a.m. July 1 until 12:01 a.m. July 22 and from 12:01 a.m. the day before the coho salmon fishery is reopened in August, or August 20 if the coho salmon fishery is not closed earlier in August, until September 15; the Silver Bay Special Harvest Area for chum salmon is the waters of Eastern Channel and Silver Bay enclosed by a line from Entry Point Light, to the southernmost tip of Harris Island, to the southernmost tip of Galankin Island, to Simpson Rock Light, to the southernmost tip of Makhnati Island, to Sentinel Rock, to the westernmost tip of Cape Burunof, to a point west of Pirates Cove at 135º 59.35' N. lat., to the westernmost tip of Long Island, to the westernmost tip of Emgeten Island, to the westernmost tip of Error Island, to the northernmost tip of Luce Island, and to the westernmost tip of Silver Point, and in Silver Bay north of 57º N. lat.;
(B) from 12:01 a.m. July 22 to 12:01 a.m. the day before the end of the August coho salmon fishery closure specified in (A) of this paragraph, or August 20 if there is no earlier coho salmon fishery closure in August, the Silver Bay Special Harvest Area for chum salmon is the waters of Eastern Channel and Silver Bay south of a line from Entry Point Light to the southernmost tip of Harris Island, to the southernmost tip of Galankin Island, and east of a line from Galankin Island to the northernmost point of Silver Point, and the waters of Sitka Sound enclosed by a line from the southernmost tip of Galankin Island, to Simpson Rock Light, to the Makhnati Island buoy, to Black Rock, to the southernmost tip of Neva Island to the northernmost tip of Sasendi Island, from the southernmost tip of Volga Island, to the northernmost tip of Galankin Island, and in Silver Bay north of 57º N. lat.;
(7) Deep Inlet for king, chum, and coho salmon: the waters of Deep Inlet, Aleutkina Bay, and contiguous waters south of a line from a point on the westernmost end of Cape Burunoff at 56º 59.04' N. lat., 135º 23.23' W. long., to a point west of Cape Burunoff at 56º 59.11' N. lat., 135º 23.59' W. long., to a point one-half mile west of the westernmost tip of Long Island at 57º 00.17' N. lat., 135º 22.69' W. long., to the westernmost tip of Long Island, to the easternmost tip of Long Island, to the westernmost tip of Emgeten Island, to the westernmost tip of Error Island, to the westernmost tip of Berry Island, to the southernmost tip of Berry Island, to the westernmost tip of the southernmost island in the Kutchuma Island group, to the easternmost tip of the southernmost island in the Kutchuma Island group, to the westernmost tip of an unnamed island at 57º 00.30' N. lat., 135º 17.67' W. long., to a point on the southern side of the unnamed island at 57º 00.08' N. lat., 135º 16.78' W. long., and then to a point on the Baranof Island shore at 56º 59.93' N. lat., 135º 16.53' W. long. will be open for harvest by the hatchery permit holder from 12:01 a.m. June 15 until 11:59 p.m. October 31, except Sandy Cove is closed south of 56º 59.05' N. lat.;
(8) Mist Cove, for coho salmon: the waters of Mist Cove west of a line from 56º 31.70' N. lat., 134º 39.87' W. long. to 56º 31.27' N. lat., 134º 39.75' W. long. will be open for harvest by the hatchery permit holder from 12:01 a.m. August 1 until 11:59 p.m. October 31;
(9) Repealed 5/31/2009.
(10) Crawfish Inlet, for king and chum salmon: the waters of Crawfish Inlet east of 135° 11.05' W. long.
(b) A hatchery permit holder harvesting salmon within a special harvest area is exempt from the provisions of 5 AAC 33.310.
(c) Notwithstanding 5 AAC 33.330, legal gear for the hatchery permit holder in a special harvest area are as follows:
(1) repealed 6/28/97;
(2) repealed 5/31/2009;
(3) Mist Cove and Patterson Bay: purse seine, beach seine, drift gillnet, set gillnet, hook and line, and dip net;
(4) Bear Cove: purse seine, hand purse seine, beach seine, and dip net, drift gillnet with six inch or larger mesh, and troll gear;
(5) Hidden Falls: beach seine, purse seine, hand purse seine, drift gillnet, and troll gear;
(6) Silver Bay and Deep Inlet: purse seine, hand purse seine, beach seine, dip net, and troll gear;
(7) repealed 5/31/2009;
(8) repealed 5/31/2009;
(9) Shamrock Bay: beach seine, purse seine, hand purse seine, drift gillnet, and troll gear.
(10) Crawfish Inlet: purse seine, hand purse seine, beach seine, drift gillnet, dip net, and troll gear.

5 AAC 40.042

Eff. 4/14/82, Register 82; am 9/22/84, Register 91; am 4/23/94, Register 130; am 6/28/97, Register 142; am 6/14/2000, Register 154; am 3/11/2001, Register 157; am 2/16/2006, Register 177; am 5/26/2006, Register 178; am 5/31/2009, Register 190; am 6/17/2018,Register 226, July 2018

Authority:AS 16.05.060

AS 16.05.251

AS 16.10.440