Alaska Administrative Code

(a) A processor, buyer, harvester of aquatic plants, aquatic plant farmer operating under a permit authorized by AS 16.40.100, or a person intending to collect and supply wild stock to such an aquatic farm must obtain a harvest permit issued by the commissioner, or the commission…

Notes 5 AAC 37.150 Repealed 12/29/84. State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compa…

(a) The commissioner will open and close the season for the commercial harvesting of aquatic plants by emergency order. (b) There is no closed season for the noncommercial harvest of aquatic plants outside of the nonsubsistence areas defined in 5 AAC 99.015. Notes 5 AAC 37.200 In…

(a) Macrocystis kelp shall be harvested in a manner that prevents dislodging of the entire plant from the bottom, and prevents straining or breaking the plant. (b) Macrocystis kelp may not be cut at a depth greater than one foot below the surface of the water, and only the upper …

(a) Outside of the nonsubsistence areas defined in 5 AAC 99.015, there are no harvest or possession limits for the noncommercial harvest of aquatic plants, except that in the portion of the Cook Inlet Area described in 5 AAC 21.200, that is outside of the Anchorage-Matsu-Kenai No…

The Cook Inlet Area includes all marine waters as described in 5 AAC 21.100. Notes 5 AAC 37.400 Eff. 4/24/2020, Register 234, April 2020 Authority:AS 16.05.251 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our mos…

(a) Unless otherwise specified in this chapter, aquatic plants may be commercially harvested only under the authority of a permit issued by the commissioner or the commissioner's authorized designee. The permit may (1) specify season dates; (2) specify areas of collection by dist…

The transplanting of aquatic plants is prohibited, except as follows: (1) as provided for in 5 AAC 27 for the issuance of permits by the commissioner for the purpose of producing herring spawn-on-kelp in pounds; or (2) as provided for in 5 AAC 41.001 - 5 AAC 41.400 for the issuan…

Unless otherwise specified, the requirements set out in this chapter apply only to commercial fishing for miscellaneous shellfish. Subsistence fishing, personal use, and sport fishing regulations that affect commercial miscellaneous shellfish fishing vessels or fishing activity a…

Miscellaneous shellfish registration areas and code letters are: Code Letter A - Southeastern Alaska Area (5 AAC 38.100) D - Yakutat Area (5 AAC 38.160) E - Prince William Sound Area (5 AAC 38.200) H - Cook Inlet Area (5 AAC 38.300) J - Westward Area (5 AAC 38.400). Notes 5 AAC 3…

(a) Unless otherwise specified in this chapter, the regulations in this chapter that apply to a miscellaneous shellfish registration area also apply to the waters of the exclusive economic zone that are adjacent to the miscellaneous shellfish registration area. (b) The commission…

(a) Unless otherwise specified in this chapter, (1) all waters of Alaska are considered one registration area; (2) all miscellaneous shellfish gear must be registered, and all miscellaneous shellfish vessels must be licensed and registered, before fishing for any miscellaneous sh…

(a) The commissioner shall monitor the condition of miscellaneous shellfish stocks in all registration areas by using the data and information that are practically available. (b) When the commissioner finds that continued fishing would jeopardize the health of a shellfish species…

(a) Except as provided in (b) of this section and unless otherwise specified in this section or chapter, a person may take razor and hardshell clams only by shovels and forks. (b) Before taking clams with a hydraulic or mechanical clam digger, a person shall obtain a permit issue…

Sea urchins may be taken only by hand picking, which may be aided by use of diving gear, an abalone iron, or a sea urchin rake. Notes 5 AAC 38.051 Eff. 7/30/89, Register 111; am 9/12/97, Register 143 Authority:AS 16.05.251 State regulations are updated quarterly; we currently hav…

(a) Hair crab may be taken by pots only. (b) Pots for taking hair crab may be longlined in areas where the longlining of pots is permitted for golden king crab and in Registration Area T, described in 5 AAC 34.800. If a pot for hair crab is longlined, the pot must be marked as re…

(a) A person or vessel that is licensed or registered to commercially fish for any species of miscellaneous shellfish may not operate dive fishing gear (1) in waters closed to the taking of miscellaneous shellfish in a registration area from 14 days before a commercial opening fo…

Notes 5 AAC 38.055 Repealed 6/27/93. In accordance with the procedures adopted by the Board of Fisheries in 5 AAC 39.210, the board, at its March 14 - 28, 1994 meeting, approved the commissioner of fish and game's repeal of 5 AAC 38.055, which took effect 6/27/93. State regulatio…

Notes 5 AAC 38.058 Repealed 7/14/85. State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compar…

Legal gear as defined in 5 AAC 39.105, including pot gear as described in 5 AAC 31, 5 AAC 32, 5 AAC 34 and 5 AAC 35, may be used to take octopi and squid. Notes 5 AAC 38.060 In effect before 1988 Authority:AS 16.05.251(a) State regulations are updated quarterly; we currently have…

There is no closed season for octopi and squid. Notes 5 AAC 38.061 In effect before 1988 Authority:AS 16.05.251(a) State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly rele…

(a) Unless otherwise specified in 5 AAC 03 - 5 AAC 39, marine invertebrates, except king crab, Tanner crab, Dungeness crab, clams, scallops, and spot, coonstripe, sidestripe, and pink shrimp, and krill (species of the Order Euphausiacea), may be taken only under the authority of …

Notes 5 AAC 38.065 Repealed 4/15/81. State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compar…

Notes 5 AAC 38.068 Repealed 7/14/85. State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compar…

Notes 5 AAC 38.070 In effect before 1988; repealed 5/8/98, Register 146 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added…

(a) Unless otherwise specified in this chapter, the minimum legal size for razor clams is four and one-half inches (114 mm) in length of shell. (b) The minimum legal size for butter clams is two and one-half inches (63mm) in greatest length of shell as measured by a straight line…

(a) The requirements of the management plan contained in this section apply to vessels commercially fishing for scallops. (b) The following scallop registration areas are established: (1) Scallop Registration Area A (Southeastern Alaska) is Registration Area A as described in 5 A…

(a) In addition to the other requirements of 5 AAC 38 that apply to weathervane scallop, including the applicable provisions of 5 AAC 38.076, the provisions of the management plan in this section apply to the commercial taking of weathervane scallop in the state waters of Alaska …

Notes 5 AAC 38.085 In effect before 1988; repealed 5/8/98, Register 146 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added…

(a) Repealed 5/8/98. (b) Repealed 5/8/98. (c) Repealed 5/8/98. (d) It is unlawful for any person aboard a vessel registered to fish for miscellaneous shellfish to possess more than one species of miscellaneous shellfish at any one time, except that in Registration Area A, a vesse…

Notes 5 AAC 38.091 In effect before 1988; repealed 5/8/98, Register 146 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added…

Notes 5 AAC 38.096 In effect before 1988; repealed 5/8/98, Register 146 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added…

Notes 5 AAC 38.098 In effect before 1988; repealed 5/8/98, Register 146 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added…

Registration Area A (Southeastern Alaska) has as its southern boundary the International Boundary at Dixon Entrance and as its northern boundary a line extending seaward from the western tip of Cape Fairweather, at 58º 47.89'N. lat., 137º 56.68' W. long., to the intersection with…

Registration Area A districts and sections are as described in 5 AAC 33.200. Notes 5 AAC 38.105 In effect before 1988; em am 4/30/91 - 8/27/91, Register 118; am 5/8/98, Register 146; am 6/27/2025, Register 254, July 2025 Authority: AS 16.05.251 State regulations are updated quart…

Clams, mussels, and cockles may not be taken in waters of Port Althorp enclosed by a line from Point Lucan to 58º 09.71' N. lat., 136º 19.67' W. long. Notes 5 AAC 38.107 Eff. 6/30/84, Register 90; em am 4/30/91 - 8/27/91, Register 118; am 3/11/2001, Register 157; am 9/21/2003, Re…

(a) There is no closed season for clams, except that clam harvesting may be conducted only under the terms of a permit issued by the commissioner. The permit may specify the species to be harvested, method of fishing, area of operation, harvest levels and other related specificat…

There is no minimum legal size for razor clams in Registration Area A. Notes 5 AAC 38.112 Eff. 5/8/98, Register 146 Authority:AS 16.05.251 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and …

Notes 5 AAC 38.115 Repealed 6/30/79. State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compar…

Notes 5 AAC 38.120 In effect before 1988; em am 4/30/91 - 8/27/91, Register 118; am 6/27/93, Register 126; repealed 7/23/94, Register 131 At its March 14 - 28, 1994 meeting, and in accordance with 5 AAC 39.210, the Board of Fisheries reviewed the commissioner of fish and game's a…

Abalone may be taken or possessed from October 1 through May 15. Notes 5 AAC 38.130 In effect before 1983; am 6/30/83, Register 86; am 7/14/85, Register 95; am 7/12/86, Register 99; em am 4/30/91 - 8/27/91, Register 118 Authority:AS 16.05.251 State regulations are updated quarter…

(a) Abalone four inches (102 mm) or larger in greatest diameter of shell may be taken or possessed. (b) The shells of abalone may be removed only at locations specified on the permit issued under 5 AAC 38.133. The vessel operator shall notify a local representative of the departm…

Abalone may be taken by diving gear and abalone iron. Notes 5 AAC 38.132 In effect before 1988; em am 4/30/91 - 8/27/91, Register 118 Authority:AS 16.05.251(a) State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our mos…

(a) Abalone fishing may be conducted only under authority of a permit issued by the commissioner. The permit may specify reporting requirements and additional harvest restrictions. (b) Before engaging in the subsistence abalone fishery, a commercial abalone fisherman shall return…

The following waters are closed to commercial abalone fishing: (1) District 1, north of the latitude of Kirk Point; (2) District 2, north of the latitude of Chasina Point; (3) waters of Districts 3 and 4 enclosed by a line beginning at a point on the western shore of Prince of Wa…

The guideline harvest ranges for the taking of abalone are (1) for District 13: 8,000 pounds; and (2) for all other districts: 25,000 to 50,000 pounds. Notes 5 AAC 38.135 In effect before 1982; am 7/25/82, Register 83; am 7/14/85, Register 95; em am 4/30/91 - 8/27/91, Register 11…

(a) A permit described under 5 AAC 38.062 is not required for the taking of sea cucumbers in Registration Area A. (b) Sea cucumbers may be taken from the first Monday in October through March 31 during the weekly fishing period established by emergency order. The weekly fishing p…

(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 …

(a) The requirements of this management plan apply to the commercial taking of red sea urchins in Registration Area A. (b) A permit described in 5 AAC 38.062 is not required for the taking of red sea urchins in Registration Area A. (c) The season for taking red sea urchins is fro…

(a) Registration Area A is a registration area for red sea urchins, sea cucumbers, and geoducks. The registration management areas for geoducks are described as follows: (1) Southern Management Area: Districts 1 - 8; and (2) Northern Management Area: Districts 9 - 16. (b) For red…