Section 5.27.655. Dutch Harbor Food and Bait Herring Fishery Allocation Plan.

	(a)  The herring available for harvest in the Dutch Harbor food and bait herring fishery under 5 AAC 27.865(b)(4) shall be allocated as follows:  
		(1) 86 percent to the herring seine fishery;  
		(2) 14 percent to the herring gillnet fishery.  
	(b)  Except as otherwise provided in this subsection, the allocations of herring to the herring seine fishery and to the herring gillnet fishery under (a) of this section are independent of each other. If the harvest by a fishery in a given year is greater than the amount allocated to that fishery under (a) of this section, the excess tonnage is subtracted from the following year's allocation to that fishery. If the harvest by a fishery in a given year is less than the amount allocated to that fishery under (a) of this section, no effect on future allocations to that fishery will occur. After July 20, if the herring gillnet fishery has not harvested the herring gillnet fishery allocation, the remaining herring gillnet fishery allocation may be harvested in either the herring gillnet fishery or the herring seine fishery, except that if the harvest by the herring seine fishery exceeds the herring seine fishery allocation on or before July 20, the excess amount harvested by the herring seine fishery will be subtracted from the remaining herring gillnet fishery allocation for that year after July 20 to establish the remaining allocation that may be harvested by either of the fisheries. If the harvest by the herring seine fishery exceeds the remaining allocation established under this subsection after July 20, the excess amount harvested by the herring seine fishery will be subtracted from the following year's herring seine fishery allocation specified in (a) of this section.  
	(c)  In the Dutch Harbor food and bait fishery, the department may reserve up to 100 tons from the herring seine fishery allocation specified in (a) of this section for the purposes of an experimental herring seine and pound fishery conducted in compliance with the terms of a permit issued by the commissioner or commissioner's designee.  
	(d)  For purposes of this section, "Dutch Harbor food and bait fishery" is the herring food and bait fishery that occurs during the seasons described in 5 AAC 27.610(e).  

Authorities

16.05.050;16.05.251

Notes

Authority

AS 16.05.050 AS 16.05.251

History

Eff. 4/5/2001, Register 158; em am 5/15/2003 - 9/11/2003, Register 166; am 6/4/2004, Register 170; am 5/16/2010, Register 194; am 6/5/2016, Register 218