Section 5.39.164. Nonpelagic trawl gear restrictions.

	(a)  Nonpelagic 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 the commissioner, and only in locations and during periods not otherwise closed to nonpelagic trawling under (b) or (c) of this section. The permit  
		(1) must specify the locations and times when nonpelagic trawl gear may be operated;  
		(2) may restrict the amount of fish and shellfish that may be harvested within a specified location; and  
		(3) must be obtained in person at a department office located within the statistical area.  
	(b)  Nonpelagic trawl gear may not be operated in waters of Alaska as follows:  
		(1) the waters of Alaska in the Kodiak groundfish registration area described in 5 AAC 28.400;  
		(2) repealed 7/2/99;  
		(3) in waters of the Chignik groundfish registration area described in 5 AAC 28.500, and in that portion of the South Alaska Peninsula groundfish registration area described in 5 AAC 28.550 between a line extending 135_ southeast from the southernmost tin of Kupreanof Point (55_ 33.98' N. lat., 159_ 35.88' W. long.) and the longitude of Scotch Cap Light at 164_ 44.72' W. long., except the waters  
			(A) in the area enclosed by 55_ 14' N. lat., 55_ 34' N. lat., 159_ 20' W. long., and 160_ 04' W. long.;  
			(B) of Alaska around Sanak and Caton Islands north of 54_ 22.80' N. lat. and east of 162_ 41.83' W. long.;  
		(4) in the following waters of king crab Registration Area O (5 AAC 34.600) from January 1 through December 31:  
			(A) Akutan Bay closure, all waters of Akutan Bay south of a line from Akun Head (54_ 18' N. lat., 165_ 38' W. long.) to North Head (54_ 13.50' N. lat., 165_ 56' W. long.), and north of 54_ 08' N. lat.;  
			(B) Unalaska Bay closure, all waters of Unalaska Bay enclosed by a line from Cape Cheerful (54_ 01' N. lat., 166_ 40' W. long.) to Cape Kalekta (54_ 00.50' N. lat., 166_ 22.50' W. long.);  
			(C) Makushin Bay closure, all waters of Makushin Bay enclosed by a line from Cape Kovrizhka (53_ 51' N. lat., 167_ 09.50' W. long.) to Cape Idak (53_ 31.33' N. lat., 167_ 48' W. long.) to Konets Head (53_ 19' N. lat., 167_ 51' W. long.);  
			(D) Inanudak Bay closure, all waters of Inanudak Bay enclosed by a line from Cape Aslik (53_ 25' N. lat., 168_ 24.50' W. long.) to Cape Illmalianuk (53_ 16.50' N. lat., 168_ 36'  W. long.);  
			(E) Akun Bay closure, all waters of Akun Bay enclosed by a line from Billings Head (54_ 17.50' N. lat., 165_ 28.50' W. long.) to 54_ 13' N. lat., 165_ 24.50' W. long. on the opposite shore;  
			(F) Beaver Inlet closure, all waters of Beaver Inlet south of a line from Brundage Head (53_ 56' N. lat., 166_ 12.50' W. long.) to Cape Sedanka (53_ 50.50' N. lat., 166_ 05.33' W. long.) and north of 53_ 42' N. lat.;  
		(5) the department shall close, by emergency order, waters of king crab Registration Area T (5 AAC 34.800) in a manner that matches closures of the exclusive economic zone made by the federal government;  
		(6) repealed 2/22/2015:  
		(7) repealed 4/24/2009;  
		(8)  the St. Lawrence Island Habitat Conservation Area as described in 50 C.F.R. Part 679, Table 45, as revised as of August 25, 2008;   
		(9) the Northern Bering Sea Research Area as described in 50 C.F.R. Part 679, Table 43, as revised as of August 25, 2008;   
		(10) the Nunivak Island, Etolin Strait, and Kuskokwim Bay Habitat Conservation Area as described in 50 C.F.R. Part 679, Table 44, as revised as of August 25, 2008;  
		(11) the waters of Alaska of the Bering Sea east of 162_ W. long.  
	(c)  Repealed 7/21/99.  

Authorities

16.05.060;16.05.251

Notes

Reference

5 AAC 39.163

Authority

AS 16.05.060 AS 16.05.251

History

Eff. 7/12/86, Register 99; am 4/14/93, Register 126; am 5/17/95, Register 134; am 9/4/97, Register 143; am 9/12/97, Register 143; am 7/21/99, Register 151; am 3/11/2001, Register 157; am 4/24/2009, Register 190; am 5/31/2009, Register 190; am 5/1/2014, Register 210; am 2/22/2015, Register 213; am 8/27/2016, Register 219