5 Alaska Admin. Code § 06.370

Current through September 25, 2024
Section 5 AAC 06.370 - Registration and reregistration
(a) Before taking salmon in the Bristol Bay Area, a CFEC salmon drift gillnet permit holder shall register for a district described in 5 AAC 06.200. Before taking salmon in the Nushagak District, a CFEC salmon set gillnet permit holder shall register for a statistical area described in (l) of this section. A CFEC salmon drift gillnet permit holder also shall register for the same district the drift gillnet vessel that the permit holder will be operating. For the purposes of this section, a CFEC salmon drift gillnet permit holder and a drift gillnet vessel may be registered in only one district at a time and a CFEC salmon set gillnet permit holder in the Nushagak District may be registered in only one statistical area at a time. Initial district registration and statistical area registration is accomplished by completing a registration form provided by the department and returning the completed form to the department office in Dillingham or King Salmon or electronically on the department's website.
(b) Except when fishing as a crewmember, a CFEC salmon drift gillnet permit holder intending to transfer to and fish in a new district for which the permit holder is not registered shall register the permit holder and the vessel that the permit holder will use to take salmon for the new district at least 48 hours before fishing in the new district. Reregistration is accomplished by the permit holder or the permit holder's authorized agent completing a form provided by the department and submitting the completed form, in person, to a local representative of the department or electronically on the department's website. The 48-hour district transfer notification period starts when the reregistration form is signed by the local representative of the department or when the permit holder receives the computerized acceptance notification. The drift gillnet permit holder and the drift gillnet vessel may not fish in the original district during the 48-hour notification period. The notification period may be reduced by commissioner's announcement. District reregistration is not required after 9:00 a.m. July 17, except in the Ugashik District, as specified in 5 AAC 06.366(d)(4), the Naknek-Kvichak District, as specified in 5 AAC 06.360(g), and the Egegik District, as specified in 5 AAC 06.359(f).
(c) After use of either drift gillnet or set gillnet gear, use of the other type of gear is not permitted until 24 hours, or a reduced period specified by commissioner's announcement, have elapsed following notification to the department of the type of gear intended to be used. After 9:00 a.m. July 17, changing to either drift gillnet or set gillnet gear may be done without notification to the department of the type of gear intended to be used.
(d) Notification of a change in gear types may be made with the local representative of the department, and may be accomplished in person or by radio or through a designated representative of the fisherman. However, the 24-hour notification period, or a reduced period specified by commissioner's announcement, does not begin before the time that notification is received and noted by the department.
(e) Repealed 5/14/98.
(f) Except in the Ugashik District, as specified in 5 AAC 06.366(d) (4), the Naknek-Kvichak District, as specified in 5 AAC 06.360(g), and the Egegik District, as specified in 5 AAC 06.359(f), the commissioner shall waive, by announcement, the 48-hour district transfer notification period required by this section when the midpoint of the escapement goal range for sockeye salmon has been achieved for that district.
(g) Repealed 1/29/72.
(h) From June 1 through September 30, an Area T CFEC salmon permit holder may use, to take salmon, only the vessel identified on the permit, unless the permit holder has registered, in person, at the department's King Salmon or Dillingham offices, to use another vessel. An Area T CFEC salmon permit holder on board an unregistered vessel is presumed to have been responsible for the salmon fishing operations of that vessel for that year.
(i) An agent representing a CFEC permit holder on matters of district registration and reregistration must be annually authorized to do so on a form provided by the department. The form must state that registration or to reregistration accomplished by a CFEC permit holder's authorization agent does not waive the strict liability standard in 5 AAC 39.002 as it applies to the CFEC permit holder.
(j) A person who receives an emergency transfer (transferee) of a CFEC permit under 20 AAC 05.1740 may not register in a district other than the district in which the CFEC permit holder is registered when the emergency transfer occurs, unless the transferee has complied with the 48-hour district transfer notification period required by this section.
(k) Notwithstanding (b) of this section, a CFEC permit holder and fishing vessel registered before 9:00 a.m. July 17 to fish in the
(1) Togiak District may not take salmon or be used to take salmon in the Nushagak, Naknek-Kvichak, Egegik, or Ugashik district from 9:00 a.m. June 1 until the midpoint of the escapement goal range is achieved in the Togiak District as specified by commissioner's announcement; if the midpoint of the escapement goal is achieved before 9:00 a.m. July 17, the provisions set out in (b) of this section arc in effect.
(2) Nushagak, Naknek-Kvichak, Egegik, or Ugashik District may not take salmon or be used to take salmon in the Togiak District from 9:00 a.m. June 1 until the midpoint of the escapement goal range is achieved in the Togiak District as specified by commissioner's announcement; if the midpoint of the escapement goal is achieved before 9:00 a.m. July 17, the provisions set out in (b) of this section are in effect.
(l) In the Nushagak District, a CFEC salmon set gillnet permit holder intending to transfer to and fish in a new statistical area for which the permit holder is not registered shall register for the new statistical area at least 48 hours before fishing in the new statistical area. Reregistration is accomplished by the permit holder, or the permit holder's authorized agent, completing a form provided by the department and submitting the completed form, in person, to an authorized representative of the department. The 48-hour statistical area transfer notification period begins when the reregistration form is signed by the authorized representative of the department. The set gillnet permit holder may not fish in the original statistical area during the 48-hour notification period. The notification period may be reduced by commissioner's announcement. Reregistration is not required after 9:00 a.m. July 17. For the purpose of this section, statistical areas in the Nushagak District are defined as follows:
(1) Igushik Statistical Area: all waters of the Igushik Section, as described in 5 AAC 06.200(1);
(2) Snake River Statistical Area: all waters of the Snake River Section, as described in 5 AAC 06.200(2);
(3) Coffee Point Statistical Area: all waters of the Nushagak Section, as described in 5 AAC 06.200(3), between a point two miles below Bradford Point at 58° 58.63' N. lat., 158° 33.62' W. long. and a point four miles below Coffee Point at 58° 52.90' N. lat., 158° 43.30' W. long.;
(4) Ekuk Statistical Area: all waters of the Nushagak Section, as described in 5 AAC 06.200(3), between Ekuk at 58° 49.15' N. lat., 158° 33.30' W. long. and Etolin Point at 58° 39.37' N. lat., 158° 19.31' W. long.;
(5) Clark's Point Statistical Area: all waters of the Nushagak Section, as described in 5 AAC 06.200(3), between Clark's Point at 58° 50.71' N. lat., 158° 32.49' W. long. and Ekuk at 58° 49.15' N. lat., 158° 33.30' W. long.;
(6) Queen's Statistical Area: all waters of the Nushagak Section, as described in 5 AAC 06.200(3), enclosed by a line from a point at 58° 51.27' N. lat., 158° 30.34' W. long. to the outlet of Queen's Slough at 58° 51.41' N. lat., 158° 30.38' W. long.;
(7) Combine Statistical Area: all waters of the Nushagak Section, as described in 5 AAC 06.200(3), between Nushagak Point at 58° 56.79' N. lat., 158° 29.53' W. long. and Clark's Point at 58° 50.71' N. lat., 158° 32.49' W. long., except those waters described in (6) of this subsection.
(m) A CFEC salmon drift gillnet permit holder who is registered for a district and intends to operate a different vessel in that same district must first reregister with the department identifying the substitute vessel the permit holder will be operating. If the substitute vessel has already been registered in that same district for at least 48 hours, the permit holder may begin fishing as soon as reregistration is completed. If the substitute vessel has not been registered in that same district for at least 48 hours, the permit holder may not begin fishing until the completion of the 48-hour notification requirement.

5 AAC 06.370

In effect before 1983; am 4/16/83, Register 86; am 5/11/85, Register 94; am 4/18/86, Register 98; am 7/12/86, Register 99; am 4/2/88, Register 105; am 6/10/90, Register 114; am 6/19/92, Register 122; am 4/9/95, Register 134; am 5/24/96, Register 138; em am 5/30/97 - 9/26/97, Register 142; am 5/14/98, Register 146; am 6/23/99, Register 150; am 6/22/2001, Register 158; am 4/9/2004, Register 170; am 6/21/2009, Register 190; am 4/9/2010, Register 194; am 7/13/2012, Register 203; am 4/4/2013, Register 206; em am 7/26/2015 - 11/22/2015, Register 215; am 4/16/2016, Register 218, July 2016; am 4/16/2023, Register 246, July 2023

Authority:AS 16.05.251