Section 5.28.081. State-Waters Pacific Cod Management Plans.

	(a)  This section applies to the management plans for Pacific cod as set out for the Prince William Sound Area (5 AAC 28.267), Cook Inlet Area (5 AAC 28.367), Kodiak Area (5 AAC 28.467), Chignik Area (5 AAC 28.537), South Alaska Peninsula Area (5 AAC 28.577), and Bering Sea - Aleutian Islands Area (5 AAC 28.647 and 5 AAC 28.648).  
	(b)  Annual guideline harvest levels set out in these management plans depend on the Pacific cod stock assessments conducted by the National Marine Fisheries Service (NMFS).  
	(c)  As used in this chapter, the term  
		(1) "estimated total allowable harvest" means the annual acceptable biological catch (ABC) established by the North Pacific Fishery Management Council (NPFMC) for Gulf of Alaska and Bering Sea and Aleutian Islands Pacific cod stocks, including the harvest of Pacific cod in a state-waters season defined in this subsection;  
		(2) "federal season" means a Pacific cod fishing season set by the NPFMC and implemented in the federal waters by the NMFS;  
		(3) "parallel season" means a Pacific cod fishing season in state waters established by the commissioner, under emergency order authority, to correspond with the times, and unless otherwise specified, the gear of the federal season in adjacent federal waters;  
		(4) "state-waters season" mean a Pacific cod fishing season in the waters of Alaska that occurs under a guideline harvest level;  
		(5) "federal Eastern Gulf of Alaska" means the Eastern Gulf of Alaska regulatory area as defined for the federal waters by the NPFMC;  
		(6) "federal Central Gulf of Alaska" means the Central Gulf of Alaska regulatory area as defined for the federal waters by the NPFMC;  
		(7) "federal Western Gulf of Alaska" means the Western Gulf of Alaska regulatory area as defined for the federal waters by the NPFMC;  
		(8) "federal Bering Sea and Aleutian Islands" means the Bering Sea and Aleutian Islands regulatory area as defined for the federal waters by the NPFMC and includes the  
			(A) "Aleutian Islands Subarea" as defined for the federal waters by the NPFMC; and  
			(B) "Bering Sea Subarea" as defined for the federal waters by the NPFMC;  
		(9) "overall length" means the straight line length between the extremities of the vessel, excluding anchor rollers;  
		(10) "working day" means a day other than Saturday, Sunday, or a state holiday.  
	(d)  A guideline harvest level specified within an area management plan for Pacific cod in this chapter will be considered to have been achieved in any calendar year if the total harvest is within 10 percent of the guideline harvest level.  

Authorities

16.05.251

Notes

Reference

5 AAC 28.005
5 AAC 28.020
5 AAC 28.706

Authority

AS 16.05.251 Editor's note: The description for the Gulf of Alaska Areas and the Bering Sea and Aleutian Islands Area referenced in 5 AAC 28.081(c)(5) - (8) can be found in 50 C.F.R., Part 679.2 and Figures 1 and 3 of Part 679. Copies of the federal regulations can be obtained by writing to Fisheries Management Division, Alaska Region NMFS, P.O. Box 21668, Juneau, AK 99802; Phone: [phone].

History

Eff. 4/4/97, Register 142; am 5/31/98, Register 146; am 5/10/2006, Register 178; am 4/20/2012, Register 202; am 2/23/2014, Register 209; am 2/28/2016, Register 217

References

5.28.081