Section 5 AAC 28.170 - Sablefish possession and landing requirements for Eastern Gulf of Alaska Area(a) The operator of a vessel taking sablefish in the Northern or Southern Southeast Inside Subdistricts shall, before taking sablefish in another area, unload all sablefish taken in either subdistrict and submit a completed fish ticket to the department.(b) The operator of a fishing vessel may not take sablefish in the Northern or Southern Inside Subdistricts with sablefish taken in another area on board.(c) In the Northern and Southern Southeast Inside Subdistricts, and in the waters of Alaska within the Southeast Outside Subdistrict, a sablefish bearing a fisheries agency tag at the time of capture may be retained and sold at any time, if the fish is landed with the tag intact and the recovery is reported to the department at the time of landing. The tagged fish must be presented to a local representative of the department upon request.(f) Except as provided in (j) of this section, in the Northern Southeast Inside Subdistrict, the holder of a CFEC permit or interim use permit for sablefish may not retain more sablefish in the directed fishery than the annual amount of sablefish equal quota share that is specified by the department. A permit holder must retain all visibly injured or dead sablefish. Sablefish that are not visibly injured or dead may be released unharmed, but the permit holder must record the live releases in a logbook by gear settings. The department shall determine the annual amount of sablefish equal quota share by dividing the annual harvest objective by the number of CFEC permits and interim use permits eligible to be fished in the fishery. The department shall use the best available information, including harvest rate and biological data, to set the annual harvest objective.(g) Except as provided in (j) of this section, in the Southern Southeast Inside Subdistrict, the holder of a CFEC permit or interim use permit for sablefish may not retain more sablefish in the directed fishery than the annual amount of sablefish equal quota share specified by the department. A permit holder must retain all visibly injured or dead sablefish. The permit holder may release sablefish that are not visibly injured or dead unharmed to the water, but the permit holder must record the live releases in a logbook provided by the department. The department shall determine the annual amount of sablefish equal quota share by dividing the annual harvest objective by the number of CFEC permits and interim use permits eligible to be fished in the fishery. The department shall use the best available information, including harvest rate and biological data, to set the annual harvest objective.(h) In the portion of the Southeast Outside Subdistrict that is state waters under 5 AAC 39.975(13), retention of sablefish is prohibited.(i) When participating in the sablefish fishery in the Northern Southeast Inside Subdistrict or Southern Southeast Inside Subdistrict, a person holding a CFEC permit or interim use permit for that fishery must retain in the person's possession and present for inspection on board the vessel on which that person is registered to fish, a copy of each completed fish ticket issued to the person during the current season. The permit holder shall provide each buyer with the total round weight of sablefish that the permit holder has landed to date in the fishery for that year.(j) If a permit holder's harvest exceeds the permit holder's equal quota share established under (f) or (g) of this section for that year, by not more than five percent, the department shall reduce the permit holder's equal quota share for the following year by the amount of the overage. The adjusted equal quota share is the permit holder's quota share for that year. If a permit holder's harvest exceeds the permit holder's equal quota share by more than five percent, the proceeds from the sale of the overage in excess of five percent shall be surrendered to the state. A permit holder may not assume that the ability to adjust a quota share under this section is an opportunity to knowingly exceed a quota share or to exceed the equal quota share in an amount greater than five percent as such actions may be prosecuted under AS 16.05.722 or AS 16.05.723.(k) If a permit holder's harvest is less than the permit holder's equal quota share established under (f) or (g) of this section for that year, the department shall increase the permit holder's equal quota share only for the following year by the amount of the underage that does not exceed five percent of the equal quota share.(l) Notwithstanding 5 AAC 28.180(c), the holder of a CFEC permit or interim use permit for sablefish may possess live sablefish for delivery as a live product except that, upon request of a local representative of the department or law enforcement, a permit holder must present sablefish for inspection and allow biological samples to be taken.Eff. 7/30/89, Register 111; am 4/30/91, Register 118; am 4/15/94, Register 130; am 7/23/94, Register 131; am 6/15/95, Register 134; am 6/15/97, Register 142; am 11/20/97, Register 144; am 7/18/2003, Register 167; am 8/16/2003, Register 167; am 5/26/2006, Register 178; am 7/13/2012, Register 203; am 6/17/2018,Register 226, July 2018