Section 5.32.053. Operation of other pot gear.

	(a)  Unless otherwise specified in this chapter, the provisions of this section apply to persons and vessels used in a commercial Dungeness crab fishery.  
	(b)  Except as provided in (e) of this section, a person may not participate in a commercial Dungeness crab fishery in a Dungeness crab registration area if the person  
		(1) operated commercial, subsistence, sport, or personal use pots of any type during the 14 days immediately before the opening of a commercial Dungeness crab fishery in the registration area where the fishing with pots occurred; or  
		(2) operates a vessel that was used or operated by the person or by another person operating pots of any type in a commercial, subsistence, sport, or personal use fishery during the 14 days immediately before the opening of the commercial Dungeness crab fishery in the registration area where the fishing with pots occurred.  
	(c)  A person who participated in a commercial Dungeness crab fishery in a Dungeness crab registration area  
		(1) may not operate commercial, subsistence, sport, or personal use pots of any type in that registration area during the 14 days immediately following the close of the Dungeness crab fishery unless  
			(A) the person removes from the water the pots that are used and marked for the commercial Dungeness crab fishery or puts the pots in storage, as specified in 5 AAC 32.052, and contacts, in person, the local representative of the department in the registration area and makes a request that the vessel's Dungeness crab registration be canceled, and the department cancels the vessel's Dungeness crab registration; or  
			(B) pots that are used and marked for the commercial Dungeness crab fishery are lawful gear for another fishery, the person who operates the pots holds a valid ADF&G or CFEC permit for the other fishery, and the person contacts, in person, the local representative of the department and makes a request that the vessel's Dungeness crab registration be canceled and the department cancels the vessel's Dungeness crab registration; or  
		(2) may not operate commercial, subsistence, sport, or personal use pots in that registration area during the 14 days immediately following the close of the Dungeness crab fishery from a vessel that was used or operated by the person or by another person in the commercial Dungeness crab fishery in the Dungeness crab registration area unless  
			(A) the person who used or operated the vessel in the commercial Dungeness crab fishery removes from the water all pots that are used and marked for the commercial Dungeness crab fishery or puts the pots in storage, as specified in 5 AAC 32.052, and contacts, in person, the local representative of the department in the registration area and makes a request that the vessel's Dungeness crab registration be canceled, and the department cancels the vessel's Dungeness crab registration; or  
			(B) pots that are used and marked for the commercial Dungeness crab fishery are lawful gear for another fishery, the person who operates the pots holds a valid ADF&G or CFEC permit for the other fishery, and the person who used or operated the vessel contacts, in person, the local representative of the department and makes a request that the vessel's Dungeness crab registration be canceled and the department cancels the vessel's Dungeness crab registration.  
	(d)  A person  
		(1) may stop participating in a commercial Dungeness crab fishery and instead may operate commercial pots other than Dungeness crab pots if  
			(A) the person removes from the water the pots that are used and marked for the commercial Dungeness crab fishery or puts them in storage as specified in 5 AAC 32.052; and  
			(B) the vessel owner, or owner's agent, contacts a local representative of the department, in person, and requests that the department cancel the vessel's Dungeness crab registration, and the department cancels the vessel's Dungeness crab registration; or  
		(2) may stop using a vessel to participate in a commercial Dungeness crab fishery and instead may use the vessel to operate commercial pots other than Dungeness crab pots if  
			(A) the person removes from the water the pots that are used and marked for the commercial Dungeness crab fishery or puts them in storage, as specified in 5 AAC 32.052; and  
			(B) the vessel owner, or owner's agent, contacts a local representative of the department, in person, and requests that the department cancel the vessel's Dungeness crab registration, and the department cancels the vessel's Dungeness crab registration.  
	(e)  The provisions of (b) of this section do not apply to a person or vessel participating in the commercial Pacific cod fisheries described in 5 AAC 28.467 (Kodiak Area), 5 AAC 28.537 (Chignik Area), or 5 AAC 28.577 (South Alaska Peninsula Area).  

Authorities

16.05.251

Notes

Reference

5 AAC 32.128
5 AAC 34.128
5 AAC 34.188
5 AAC 35.128
5 AAC 35.183

Authority

AS 16.05.251

History

Eff. 5/8/98, Register 146; am 5/31/98, Register 146