Section 5 AAC 38.142 - Southeastern Alaska Geoduck Fishery Management Plan(a) The purpose of the management plan under this section is to direct the department in the management of the geoduck commercial fishery in Registration Area A (Southeastern Alaska Area). In the management of the commercial geoduck fishery, the department may consider paralytic shellfish poison (PSP) levels.(b) Unless the commissioner determines otherwise, a permit described in 5 AAC 38.050 and 5 AAC 38.062 is not required to take geoducks in Registration Area A.(c) From October 1 through September 30, geoducks may be taken only during fishing periods established by emergency order.(d) There is no size limit for geoducks.(e) A person must retain all geoducks harvested by that person.(f) A person may only take geoducks with dive gear and while using a hand manually-operated, water jet device having a manual shut-off valve and a nozzle with an inside diameter of not more than seven-eighths inch. If the commissioner determines that the gear is being operated in a manner that wastes the resource, destroys the resource, or causes damage to geoducks or other fishery resources, the commissioner may close, by emergency order, the fishing season and reopen a season in which the commissioner modifies or prohibits the gear specified in this subsection.(g) The department shall designate areas that are appropriate for commercial harvest of geoducks according to stock assessment surveys conducted by the department. The department shall establish a guideline harvest level for each area that has had a biomass survey conducted and the department has designated for a commercial geoduck fishery. The guideline harvest level will be based on estimates of biomass derived from stock assessment surveys conducted on the stock within the 12 years that precede the opening of the commercial geoduck fishery in that area. The guideline harvest level for each area will be calculated as two percent of the most recent estimated biomass, per year. The commissioner may modify these procedures by regulation based on new information regarding geoduck productivity.(h) The commissioner may not open the commercial geoduck fishery in an area if the estimated biomass of the geoduck stock in that area is less than 30 percent of the original biomass determined by the first stock assessment conducted by the department on that stock. The commissioner may modify this percentage if the department receives information about geoduck productivity that supports a modification.(i) A person shall attach a tag to each container that holds geoducks commercially harvested by that person. The tag must indicate the date of harvest, the harvest location, and the harvester's name. The person shall keep the tag attached to the container while it is being transported to a processor or dealer.(j) A person that commercially harvested geoducks is required to submit a fish ticket under 5 AAC 39.130 and shall record on that fish ticket (1) the pounds of geoducks harvested;(2) the area fished for geoducks;(3) the dive time, for each area, given in minutes, for harvesting the geoducks specified on that fish ticket; and(4) any other information the commissioner determines is necessary for the conservation and management of the geoduck fishery.(k) The commissioner may establish the maximum amount of geoducks that may be harvested during a fishing period. If the commissioner determines that a rate of delivering geoducks will contribute to conservation, law enforcement, waste reduction, or assist the development of the fishery, the commissioner may close, by emergency order, a fishing period in a designated area, and reopen a fishing period in the same area for which the commissioner designates a rate of delivery.(l) The following waters are closed to the commercial taking of geoducks: (1) District 1: (A) waters of Grant Cove, and contiguous waters along the west coast of Gravina Island, south of 55º 21.37' N. lat., and north of 55º 20.70' N. lat.;(B) waters east of a line from Indian Point at 55º 36.85' N. lat., 131º 42.02' W. long., to the northeasternmost tip of Betton Island at 55º 31.95' N. lat., 131º 46.37' W. long., to the southeasternmost tip of Betton Island at 55º 29.90' N. lat., 131º 48.18' W. long., to Survey Point at 55º 28.07' N. lat., 131º 49.87' W. long.;(C) waters of Nichols Passage north of a line from the southernmost tip of Dall Head located on the southernmost tip of Gravina Island, to the easternmost tip of Cedar Point located on the western shore of Annette Island, and south of a line from the southernmost tip of Gravina Point located on the southeast shore of Gravina Island, to the northernmost tip of Walden Point, located on the northwesternmost tip of Annette Island;(2) District 3: waters of Port Mayoral that are north of the latitude of the northernmost tip of Cristina Island (55º 22.83' N. lat.) and south of the latitude of Point San Leonardo (55º 24.25' N. lat.);(3) District 13: (A) waters of Kliuchevoi Bay east of a line from 56º 50.40' N. lat., 135º 22.52' W. long. to 56º 50.20' N. lat., 135º 22.68' W. long.;(B) waters within the unnamed bay located southeast of Frosty Reef east of a line from 56º 52.82' N. lat., 135º 22.93' W. long. to 56º 52.70' N. lat., 135º 22.98' W. long. to 56º 52.61' N. lat., 135º 22.97' W. long. and south of 56º 53.00' N. lat.;(4) waters identified as a permitted mariculture site.(m) If the commissioner determines that logbooks will contribute to conservation, management, or development of the fishery, the commissioner may, by emergency order, close the commercial geoduck fishing season and immediately reopen a commercial geoduck fishing season during which logbooks are required in all specific geoduck fisheries. If a logbook is required under this section, the logbook must be filled out daily and before leaving the harvest site. A permit holder shall submit a completed logbook to the department with the applicable ADF&G fish tickets no later than seven days after landing geoducks. A logbook must be available for inspection upon request from a representative of the department or a peace officer of the state. A logbook must include the following information: (2) location of harvest and effort;(3) any other information that the commissioner determines necessary for management purpose.(n) Except as specified in (o) of this section, a CFEC permit holder may not harvest, land, or possess more than 1,000 pounds of geoduck, measured whole and unshucked, during any vveekly fishing period established under (c) of this section, except that the commissioner may, by emergency order, establish as· necessary a weekly fishing period during which the weekly harvest limit specified in this subsection does not apply in an area in vvhich the guideline harvest level has not been reached.(o) A CFEC permit holder may commercially harvest geoduck from a tender vessel as defined in 5 AAC 39.130(0)( 17), and the tender vessel may have on board more than the 1,000- pound limit specified in (n) of this section, if completed fish tickets from other permit holders, as required Lmder 5 AAC 39.130, are on board the vessel, for all geoduck delivered to the vessel.(p) During an open geoduck fishing period, no more than two CFEC geoduck permit holders may conduct fishing operations from, or deliver geoduck from, a vessel that is licensed and registered to commercially fish for geoduck. From 24 hours before, during, and for 24 hours after a fishing period, or 'vvhen commercially harvested geoduck are on board the vessel, no more than three CFEC geoduck permit holders may be on board a vessel that is registered to commercially fish for geoduck.Eff. 10/12/2000, Register 156; am 3/11/2001, Register 157; am 7/18/2003, Register 167; em am 3/9/2005 - 7/6/2005, Register 174; am 5/26/2006, Register 178; am 7/29/2009, Register 191; am 6/17/2018,Register 226, July 2018Authority:AS 16.05.060
AS 16.05.251