5 AAC 39.163 - Bottom Trawl Fisheries Management Plan
(a) The Board of
Fisheries and the Department of Fish and Game are concerned about the bycatch
of fish, particularly crab and halibut, by non-pelagic trawl gear used to
harvest bottomfish. King and Tanner crab populations in most areas of the state
are either depressed or declining and are in need of protection from
human-induced mortality if they are to be allowed to rebuild to levels that
will allow future harvests. Halibut populations, while high, are fully utilized
in directed fisheries, and any additional harvest by nondirected fisheries may
increase exploitation rates above those used to maintain a sustained harvest
level. There is an indication that non-pelagic trawl gear may, at certain times
and in certain locations, inflict unacceptable mortalities on these nondirected
species. Since there is not, at this time, enough data available to quantify
the effects of non-pelagic trawl fisheries on nondirected species, the board
adopts the Bottom Trawl Fisheries Management Plan as a means of ensuring that
the data can be obtained.
(b) The
Board of Fisheries finds that in fisheries operating non-pelagic trawls,
onboard observers provide the only effective means of collecting information
essential to managing the resource. These fisheries generally harvest large
numbers of prohibited finfish and shellfish that cannot be legally retained.
Since a large portion of the prohibited species taken will be killed or
seriously damaged in the trawl, avoidance of prohibited species is essential to
conservation and wise use of the resource. Without onboard observers,
scientifically reliable data on prohibited species catch and related biological
information cannot be developed. In the absence of a reliable database, the
department cannot effect time and area restrictions or set non-pelagic trawl
catch quotas to provide protection for prohibited species.
(c) Based on findings that onboard observers
provide the only way to establish reasonable resource protection measures in
managing certain non-pelagic trawl fisheries, and consistent with
5 AAC 39.141 and
AS
16.05.251(a)(12), a vessel
may not operate non-pelagic trawl gear in waters specified in
5 AAC 39.164(a) without an onboard
observer present. Because no management alternatives exist, other than
disallowing operation of such vessels and gear, all costs associated with the
observer are determined to be an attendant fishing-related cost and must
therefore be borne by the vessel owner or operator on board whose vessel the
observer serves.
(d) When
sufficient reliable data has been collected to determine times and locations
where non-pelagic trawl gear can be operated without significant detrimental
impact on prohibited species, the limitations in this section and
5 AAC 39.164 will be appropriately modified.
Notes
Authority:AS 16.05.251
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