Section 5.97.010. Advisory committee emergency closures.

	(a)  After delegation of authority from the commissioner, a committee may initiate an emergency closure during an established season for the taking of fish or game within its area of jurisdiction described in 5 AAC 97.005, under the procedures in this section. No committee may initiate an emergency opening.  
	(b)  After initiation of an emergency closure by a committee, a majority of the members of a majority of the committees in the affected area of jurisdiction described in 5 AAC 97.005 must, by affirmative vote, ratify the action. A committee member may not vote by proxy or delegation. An emergency closure initiated by a committee is not effective until reviewed by the commissioner under (c) and (d) of this section and until field announcement is made under (f) of this section.  
	(c)  An emergency closure initiated by a committee must be based on sound conservation reasoning and the sustained-yield principle. An emergency closure initiated by a committee must be necessary for the immediate protection of a stock, species, or population, and may not be initiated for the purpose of achieving primarily social, economic, or other nonbiological goals. The commissioner or his authorized representative shall review the emergency closure initiated by a local advisory committee to ensure compliance with these standards.  
	(d)  At least 48 hours before an emergency closure is to become effective, the chairman of a committee voting to initiate an emergency closure must  
		(1) notify the commissioner by telegram, telephone, or in writing, of  
			(A) the decision to initiate the emergency closure;  
			(B) the time, area, and species involved;  
			(C) which committees the initiating committee contacted; and  
			(D) the vote of each committee regarding the closure; and  
		(2) deliver to the department office nearest the affected area a signed affidavit identifying the roll call vote of the committee, and a written emergency order, following the format specified in the Advisory Committee Emergency Order Manual printed by the department, stating the findings of fact made by the committee to justify the closure, and specifying the evidence relied upon by the committee.  
	(e)  Upon receipt of the documents specified in (d)(2) of this section, the commissioner shall make a reasonable effort to contact the chairman of other committees of the appropriate council, so that the committee can vote for or against ratifying the closure. The commissioner shall notify the chairman or vice-chairman of the appropriate board, of a committee's emergency closure action. The commissioner shall provide the appropriate board with a copy of all written material pertinent to the emergency closure.  
	(f)  The commissioner shall take appropriate action to make field announcement of the emergency closure within 48 hours after receipt of the documents specified in (d)(2) of this section, if the commissioner finds that the closure meets the standards of (b), (c), and (d) of this section. An emergency closure becomes effective after formal field announcement by the commissioner or his authorized representative.  
	(g)  An emergency closure adopted by a committee under this section expires 120 days after its effective date or when superseded by regulation.  

Authorities

16.05.260

Notes

Authority

AS 16.05.260

History

In effect before 1980; am 7/11/81, Register 79; am 10/9/83, Register 88