Section 5.39.690. Bering Sea/Aleutian Islands King and Tanner Crab Community Development Quota (CDQ) Fisheries Management Plan.

	(a)  Male red, blue, and golden king crab and male Tanner crab may be taken in a Bering Sea/Aleutian Islands CDQ fishery only under the conditions of a permit issued by the commissioner. In Registration Area O, west of 174_ W. long., male golden king crab may only be taken under the conditions of a permit issued by the commissioner for the community of Adak. The community of Adak golden king crab allocation will be managed under the CDQ regulations specified in this section. Female crab of these species may not be taken.  
	(b)  In the Bering Sea/Aleutian Islands CDQ fishery,  
		(1) male golden king crab may only be taken in Registration Area O as described in 5 AAC 34.600 and male red king crab may only be taken in that portion of Registration Area O west of 179_ W. long. as described in 5 AAC 34.600;  
		(2) male red king crab may be taken only in Registration Area T as described in 5 AAC 34.800, and male red and blue king crab may be taken only in Registration Area Q as described in 5 AAC 34.900; and  
		(3) male Tanner crab may be taken only in the Bering Sea District of Registration Area J as described in 5 AAC 35.505(e).  
	(c)  Male king crab and male Tanner crab may be taken only with pots.  
	(d)  Unless otherwise specified in a permit issued under (e) of this section, an operator of a vessel fishing CDQ crab allocations shall comply with all regulations in 5 AAC 34, 5 AAC 35, and 5 AAC 39 that are applicable to the area and species of crab being fished.  
	(e)  In the permit required in (a) of this section the commissioner may, as the commissioner determines it necessary for the conservation and management of the resource,  
		(1) specify the species of king or Tanner crab that may be taken;  
		(2) specify an area or areas open to CDQ fishing operations;  
		(3) specify registration requirements;  
		(4) specify fishing periods;  
		(5) specify gear requirements, including the numbers of pots;  
		(6) designate the poundage of the federal CDQ allocation of a species of king or Tanner crab that may be taken by a CDQ group in a registration area or portion of a registration area as follows:  
			(A) a CDQ fishery allocation is specified in the federal Fishery Management Plan for Bering Sea/Aleutian Islands king and Tanner crab;  
			(B) in the Norton Sound Section, the department shall calculate a CDQ fishery allocation, in pounds, based on the percentage of the total anticipated harvest for the commercial fishery and the CDQ fishery, combined;  
			(C) the department shall calculate the poundage of king or Tanner crab, as specified in the federal CDQ allocation determination that may be taken by each CDQ group;  
			(D) a person operating a vessel in a CDQ fishery may not exceed the CDQ group allocation specified in this paragraph; a CDQ group that retains crab in excess of the CDQ group allocation may have quota voluntarily transferred to that CDQ group from another eligible CDQ group with excess quota no later than June 30 of the current allocation year; if a CDQ group is unable to obtain quota for the excess crab, the crab shall be weighed, sold, and reported on an ADF&G fish ticket and all proceeds from the sale of CDQ crab in excess of the group allocation shall be surrendered to the state;  
		(7) except in the Norton Sound Section, a CDQ fishery for a king or Tanner crab species will open and close concurrent with the IFQ fishery for that species of king or Tanner crab;  
		(8) require onboard observers during fishing operations;  
		(9) require the operator of a vessel fishing CDQ crab allocations to notify the department of fishing time, delivery time, and delivery destination;  
		(10) establish reporting requirements;  
		(11) require logbooks;  
		(12) establish times and areas allowed for placement and removal of gear;  
		(13) establish times, areas, and conditions allowed for storage of gear;  
		(14) set out other conditions deemed necessary by the commissioner.  
	(f)  A permit issued under (e) of this section will be considered the registration required by 5 AAC 34.020 or 5 AAC 35.020.  
	(g)  Notwithstanding 5 AAC 34.005 and 5 AAC 35.005, participation by a CDQ permit holder in an exclusive or superexclusive king or Tanner crab fishery does not preclude a vessel or permit holder from participation in a CDQ crab fishery.  
	(h)  Notwithstanding 5 AAC 34.005 and 5 AAC 35.005, participation by a CDQ permit holder in a CDQ king or Tanner crab fishery does not preclude a vessel or permit holder from participation in an exclusive or superexclusive crab fishery.  
	(i)  Except in the Norton Sound Section, a vessel participating in a CDQ crab fishery must have on board the vessel an activated vessel monitoring system (VMS) approved by the National Marine Fisheries Service.  

Authorities

16.05.251

Notes

Reference

20 AAC 05.230
5 AAC 34.915
5 AAC 34.918

Authority

AS 16.05.251

History

Eff. 9/12/97, Register 143; am 8/8/99, Register 151; am 8/24/2002, Register 163; am 8/14/2005, Register 175; am 7/1/2006, Register 178; am 9/12/2008, Register 187