5 Alaska Admin. Code § 38.416

Current through September 25, 2024
Section 5 AAC 38.416 - Kodiak District Sea Cucumber Management Plan in Registration Area J
(a) A permit described in 5 AAC 38.062 is not required for the taking of sea cucumbers in the Kodiak District, as specified in this section.
(b) Before harvesting sea cucumbers, a person shall validly register with the department.
(c) Sea cucumbers may be taken from October 1 through April 30 during fishing periods established by emergency order.
(d) Sea cucumbers may only be taken with diving gear operated in accordance with 5 AAC 38.054.
(e) A person harvesting sea cucumbers shall maintain an accurate logbook of all diving operations,
(1) a logbook must:
(A) include the date, the specific location of harvest by latitude and longitude, the number of individual sea cucumbers harvested, the number of pounds of sea cucumbers harvested, the minimum and maximum depth of each dive, the bottom time duration of each dive, and any other information required by the department for conservation and management;
(B) be delivered to a local representative of the department within 48 hours following the closure of a fishing period, unless the permit holder has been delayed due to extraordinary circumstances beyond their control and contacted a local representative of the department within 48 hours following the closure of a fishing period, and the representative has granted additional time;
(2) a person shall not make a false entry in the logbook.
(f) Opening of a sea cucumber fishing period will be delayed for 24 hours if the National Weather Service marine forecast for Shelikof Strait (PKZ138) or Shuyak Island to Sitkinak Island (PKZ132) issued at 4:00 a.m. on the day before the scheduled opening date contains gale warnings for that day. If, after the initial delay, the following day's 4:00 a.m. forecast contains a gale warning for that day, the fishing period will be delayed for an additional 24 hours. The period opening delays may continue on a rolling 24-hour basis until gale warnings are not forecasted.
(g) Notwithstanding (f) of this section,
(1) if a fishing period is not scheduled for the Westside Section of the Kodiak District, gale warnings for Shelikof Strait (PKZ138) will not delay the fishing period;
(2) if fishing periods are not scheduled for the Eastside or Southeast Sections of the Kodiak District, gale warnings for Shuyak Island to Sitkinak Island (PKZ132) will not delay the fishing period.

5 AAC 38.416

Eff. 8/10/2018,Register 227, October 2018

Authority:AS 16.05.251