Section 5.93.330. Hatchery salmon use authorization.

	(a)  Notwithstanding AS 16.05.831(a) and 5 AAC 93.310, the commissioner may, by emergency order, open a fishing season in any area during which a hatchery operator, or a processor or catcher processor working under contract for the hatchery operator, may remove and sell pink and chum salmon roe without further utilization of the carcasses of the salmon under this section.   
	(b)  The provisions of this section apply only to pink and chum salmon that  
		(1) originated from a hatchery;   
		(2) are harvested in a hatchery terminal harvest area or hatchery special harvest area;  
		(3) if left unharvested may create a public nuisance or stray and intermix with or interfere with natural salmon stocks;  
		(4) have matured to the point that the hatchery operator reasonably determines that the flesh of the salmon cannot be marketed or put to other lawful use without an unreasonable risk of incurring a financial loss;  
		(5) are required to be harvested under the terms of a hatchery permit;  
		(6) are retained until after completion of a fish ticket; and   
		(7) are disposed of at the same time as other salmon reported on the same fish ticket.   
	(c)  Before operating under this section in any calendar year, a hatchery operator must  
		(1) submit a written notice of intent to operate to the department and identify any processor or catcher processor that will be involved in operations; and  
		(2) receive a written acknowledgment from the department that the department has received a completed notice of intent to operate and that the hatchery operator and any processor or catcher processor it proposes to utilize is not precluded from operating under this section.   
	(d)  After receiving the written acknowledgment described in (c)(2) of this section, during a season opened by emergency order under this section, a hatchery operator, or a processor or catcher processor working for the hatchery operator, may remove the roe from pink and chum salmon carcasses without further use of the carcasses if the hatchery operator, processor, or catcher processor, for each lot of salmon carcasses to be disposed   
		(1) before disposal, makes a written determination that the requirements of (b) of this section are met;   
		(2) keeps written records of all direct costs of harvesting the salmon, removing and processing the roe, disposing of the carcasses, marketing of the roe, and of all revenue generated from sales of the roe; and   
		(3) surrenders to the state all proceeds from sale of the roe minus the direct costs of harvesting the salmon, removing and processing the roe, disposing of the carcasses, and marketing of the roe.  
	(e)  A hatchery operator, processor, or catcher processor shall retain all records required under this section for seven years.  
	(f)  Before December 15 of a year in which a hatchery permit holder submits a written notice of intent to operate under this section, the hatchery permit holder shall submit to the department a written report documenting   
		(1) the number of pink and chum salmon carcasses disposed of under this section, by species;   
		(2) copies of the written records required under this section from the hatchery operator and from any processor or catcher processor working for the hatchery operator;   
		(3) copies of records documenting the surrender of proceeds required by (d)(2) of this section.  
	(g)  Reports and other information provided to the department under this section are public records.   
	(h)  Records maintained under this section shall be provided, upon request, to the department, the department's agent, the Department of Revenue, or the Department of Public Safety for inspection.  
	(i)  A hatchery permit holder, processor, or catcher processor disposing of pink or chum salmon carcasses under this section shall comply with all applicable state, federal, and local laws.  
	(j)  A hatchery operator, processor, or catcher processor may not operate under this section if notified by the commissioner that its operations are not covered by this section. The commissioner will notify a hatchery permit holder, processor, or catcher processor, in writing, that its operations are not covered by this section, if the commissioner determines that the permit holder, processor, or catcher processor has  
		(1) substantially failed to comply with the requirements of this section;   
		(2) failed to submit a report required by this section or to maintain records required by this section;  
		(3) falsified information contained in reports or records required by this section;  
		(4) disposed of salmon in a manner inconsistent with state, federal, or local laws.  
	(k)  If the commissioner determines that operations under this section are not consistent with the maximum and wise use of the resource, the commissioner may, by emergency order, close the season and reopen a new season during which the terms of an authorization are modified or revoked for salmon processed or caught in any fishing district, subdistrict, or section.   
	(l)  In this section, "direct costs"  
		(1) includes shipping and storage costs;   
		(2) does not include overhead and general marketing costs.  

Authorities

16.05.020;16.05.831

Notes

Authority

AS 16.05.020 AS 16.05.831

History

Eff. 9/30/2007, Register 183