Alaska Administrative Code

In Scallop Registration Areas K, M, O, Q, and R, the guideline harvest ranges for weathervane scallops are as follows: (1) in the waters of Scallop Registration Area K, the guideline harvest range is 0 - 300,000 pounds of shucked meat; (2) in the waters of Scallop Registration Ar…

Unless otherwise specified in this section or 5 AAC 01 - 5 AAC 77, requirements in this chapter apply to commercial fishing only, except that 5 AAC 39.002 and 5 AAC 39.999 apply to all of 5 AAC 01 - 5 AAC 77. Subsistence, personal use, and sport fishing regulations affecting comm…

Unless otherwise provided in 5 AAC 01 - 5 AAC 41 or in AS 16, a person who violates a provision of 5 AAC 01 - 5 AAC 41 is strictly liable for the offense, regardless of his intent. Notes 5 AAC 39.002 Eff. 6/30/83, Register 86 Authority:AS 16.05.251 State regulations are updated q…

(a) A person engaged in commercial fishing may retain fish from lawfully taken commercial catch for that person's own use, including for the use as bait in a commercial fishery. Fish retained under this section may not be sold or bartered. (b) Except as otherwise specified in 5 A…

(a) All gear shall be operated in a manner conforming to its basic design. (b) The size of meshes of a gillnet shall be substantially consistent. (c) All references to mesh size in the regulations are considered to be "stretched measure." (d) Unless otherwise provided in this tit…

(a) Each fisherman shall operate or assist in operating only one type of net gear at any one time. (b) Throughout the period of operation of mobile net gear, a person who holds a valid CFEC permit for that gear must be physically present on board the vessel from which the net gea…

Notes 5 AAC 39.108 Repealed 5/31/85. 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…

The amount to be added, in accordance with AS 16.05.480(h), to the annual base fee for a nonresident crewmember fishing license is the additional amount calculated every three years by the Commercial Fisheries Entry Commission under 20 AAC 05.245(a) (7). Notes 5 AAC 39.109 Eff. 1…

(a) Each commercial fisherman who does not hold a valid interim-use or entry permit card issued by the Commercial Fisheries Entry Commission shall obtain a crewmember fishing license before fishing in any waters of Alaska. A crewmember fishing license is not required for the hold…

A person who is in possession of a CFEC interim-use or entry permit card shall, upon the request of a buyer of fish or a peace officer of the state, present the personal identification required under AS 16.10.267(a)(2) to establish that the permit card is in the possession of the…

A net pen or other holding device may be used to hold live salmon or herring before processing only under the conditions specified in a commissioner's permit. Notes 5 AAC 39.112 Eff. 8/8/2007, Register 183 Authority:AS 16.05.251 State regulations are updated quarterly; we current…

A person who holds salmon net gear permits for more than one registration area listed in 5 AAC 39.120(d) shall designate upon a form provided by the Commercial Fisheries Entry Commission the single area in which he desires to salmon net fish in that year. The area so designated m…

(a) Notwithstanding any other provision in 5 AAC 01 - 5 AAC 39, the addition of a bulbous bow may cause a vessel, other than a vessel engaged in the Bering Sea hair crab fishery, to exceed an established vessel overall length limitation. Only that portion of the vessel comprising…

(a) Unless otherwise specified, a commercial fishing vessel required to be licensed under AS 16.05.490 must display its permanent vessel license plate number (1) in permanent symbols at least 12 inches high and with lines at least one inch wide that contrast with the background; …

(a) A person who owns a commercial fishing vessel or that person's authorized agent shall register that vessel by completing a vessel license application or renewal form and submitting it to the Commercial Fisheries Entry Commission, unless the vessel is not required to be licens…

(a) To qualify for an extension of a registration or permit deadline set out in 5 AAC 01 - 5 AAC 39, a person must show that the person had demonstrated an intent to harvest fish before the deadline. An "intent to harvest fish" may be demonstrated by (1) renewing or applying for,…

Notes 5 AAC 39.124 Eff. 2/11/2004, Register 169; repealed 12/21/2005, Register 176 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 wi…

(a) Before entering the waters of Alaska, (1) an operator of an unlicensed commercial fishing vessel shall report by telephone, and shall leave a recorded report at a telephone number designated by the department for that purpose, or shall report by other means specified by the d…

(a) Before operating during a calendar year, an individual, company, firm, or other organization that is a first purchaser, catcher-exporter, catcher-processor, or catcher-seller shall submit to the department a completed intent to operate application provided by the department o…

(a) For fishery management or conservation purposes, or to assist the governor's determination on the issuance of foreign fish processing permits under 5 AAC 39.198, the commissioner or the commissioner's designee may conduct annual statistical surveys of fish buyers and processo…

(a) A person requesting the release of confidential information to a third person regarding the requesting person's fishery landings shall make the request in the form of a limited power of attorney on a request form provided by the department. The department will make the reques…

(a) Representatives of the Department of Fish and Game or the Department of Public Safety shall have free and unobstructed access to all fishing vessels, canneries, salteries, and other land-based or floating processing establishments to inspect catch, equipment, gear, and operat…

(a) The Board of Fisheries finds that, in particular fisheries, observers on board fishing vessels would greatly enhance management, primarily by facilitating information gathering, and by improving regulatory compliance. Onboard observers may be the only practical fishery monito…

(a) A department approved fisheries onboard observer (1) must be employed by (A) an independent contracting agent who has been certified by the department; or (B) the department; (2) may not have a financial interest in the observed fishery; (3) may not have a personal interest i…

(a) To become certified as a crab or scallop onboard observer, a person must first obtain a crab or scallop onboard observer trainee permit and complete the trainee requirements of this section. The department shall issue a crab or scallop onboard observer trainee permit to a per…

(a) To become certified or to renew certification as an independent contracting agent authorized to provide onboard observers, an applicant must meet the requirements of this section. The department shall issue or renew an independent contracting agent certificate only after (1) …

Pot gear must include an escape mechanism in accordance with the following provisions: (1) a sidewall, which may include the tunnel, of all shellfish and groundfish pots must contain an opening equal to or exceeding 18 inches in length, except that in shrimp pots the opening must…

(a) An onboard observer shall attend a briefing before deployment on the observer's assigned vessel. An observer shall bring to the observer's briefing all equipment that is specified, in writing, by the department. (b) An onboard observer shall immediately notify the department …

The use of an explosive, chemical or poison in the taking or killing of fish or shellfish is prohibited, except that chemical baits or lures may be used to attract shellfish. Notes 5 AAC 39.150 In effect before 1988 Authority:AS 16.05.251 State regulations are updated quarterly; …

It shall be unlawful to have mounted aboard any seine vessel a seine drum or reel around which a seine can be coiled or rolled. Notes 5 AAC 39.155 In effect before 1988 Authority:AS 16.05.250(3) AS 16.10.120 State regulations are updated quarterly; we currently have two versions …

Notes 5 AAC 39.160 Deleted 7/22/91 Publisher's note: This regulation was deleted by the regulations attorney. 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. …

(a) The Board of Fisheries and the Department of Fish and Game are concerned about the bycatch of fish, particularly crab and halibut, by non-pelagic trawl gear used to harvest bottomfish. King and Tanner crab populations in most areas of the state are either depressed or declini…

(a) Non-pelagic trawl gear may be operated in all waters of Tanner crab Registration Area J (5 AAC 35.500) only if, as may be required under 5 AAC 39.163(c), an onboard observer is present on the vessel when gear is being operated, only under the conditions of a permit issued by …

A person may not use any type of trawl gear for any commercial fishing purposes in the following locations: (1) waters of Prince William Sound enclosed by a line from Point Whitshed to Point Bentinck, and a line from Cape Hinchinbrook Light at 60º 14.25' N. lat., 146º 38.80' W. l…

(a) The operator of a vessel taking groundfish with trawl gear in the waters of Alaska in the Bering Sea-Aleutian Islands Area described in 5 AAC 28.600 shall retain, on board the vessel or at the shoreside processing plant, salmon taken as bycatch with the trawl gear. After the …

In the waters of Alaska surrounding essential fish habitat areas, as defined in 50 C.F.R. 679.22, as revised as of August 25, 2008, during state managed fisheries, the following commercial fishing gear is prohibited as follows: (1) the Aleutian Islands Coral Habitat Protection Ar…

It is unlawful to use single- or multiple-strand monofilament purse seine web. For the purpose of this regulation, "monofilament" means any single filament having more than 50 denier, that is, weighing more than 50 grams per 9,000 meters of filament. Notes 5 AAC 39.170 In effect …

It is unlawful to use artificial lights to attract salmon out of closed waters for the purpose of a commercial taking. Notes 5 AAC 39.175 In effect before 1988 Authority:AS 16.05.251(a) State regulations are updated quarterly; we currently have two versions available. Below is a …

It is unlawful to preserve for sale as food any salmon, unless it has been canned, salted, iced, frozen, brine chilled, smoked, or dried within 48 hours after being killed. Notes 5 AAC 39.180 In effect before 1988 Authority:AS 16.05.251 State regulations are updated quarterly; we…

(a) Some fisheries have had a documented history of illegal commercial fishing dating back to 1968. Enforcement efforts by the Department of Public Safety have been largely ineffective in controlling this recurring problem on a long-term basis. The Board recognizes the difficulty…

It is unlawful to drive or attempt to drive salmon from waters closed to salmon fishing. Notes 5 AAC 39.190 In effect before 1988 Authority:AS 16.05.251 AS 16.10.010 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between o…

Announcement of emergency orders will be publicized and made known to interested persons, fishermen, buyers, packers, and canneries by one or more of the following means, if possible: (1) radio transmission by department stations; (2) notices posted at canneries and public places…

No person may possess, purchase, sell, barter or transport fish within the state or within water subject to the jurisdiction of the state if that person knows or has reason to know that fish were taken or possessed in contravention of 5 AAC 03 - 5 AAC 39. Notes 5 AAC 39.197 In ef…

(a) Except as provided in this chapter, a foreign fishing vessel is prohibited from engaging in fish processing in the internal waters of Alaska. (b) A foreign fishing vessel may engage in fish processing in the internal waters of Alaska if (1) the foreign nation under which it i…

(a) The Board of Fisheries has implemented by regulation fishery management plans that provide the Department of Fish and Game with guidelines to be followed when making management decisions regarding the state's subsistence, commercial, sport and personal use fisheries. The prim…

Before adopting regulations that allocate fish among personal use, sport, and commercial fisheries, the board will, as appropriate to particular allocation decisions, consider factors such as those set out in AS 16.05.251(e). Notes 5 AAC 39.205 Eff. 6/10/87, Register 102 Authorit…

(a) To guide management of high impact emerging commercial fisheries, a plan is needed that ensures resource conservation, minimizes impacts on existing users, and provides orderly development of new fishery resources. (b) The department may regulate a commercial fishery as a hig…

(a) This management plan governs the commercial harvesting of forage fish species in the waters of Alaska. (b) The board finds that forage fish perform a critical role in the complex marine ecosystem by providing the transfer of energy from the primary and secondary producers to …

(a) In applying this statewide mixed stock salmon policy for all users, conservation of wild salmon stocks consistent with sustained yield shall be accorded the highest priority. Allocation of salmon resources under this policy will be consistent with the subsistence preference i…

(a) The Board of Fisheries (board) and Department of Fish and Game (department) recognize that (1) while, in the aggregate, Alaska's salmon fisheries are healthy and sustainable largely because of abundant pristine habitat and the application of sound, precautionary, conservation…