5 AAC 39.200 - Application of fishery management plans
(a) The Board of
Fisheries has implemented by regulation fishery management plans that provide
the Department of Fish and Game with guidelines to be followed when making
management decisions regarding the state's subsistence, commercial, sport and
personal use fisheries. The primary goal of these management plans is to
protect the sustained yield of the state's fishery resources while at the same
time providing an equitable distribution of the available harvest between
various users. The regulations contained in this section are intended to aid in
the achievement of that goal and therefore will apply to all fishery management
plans contained in 5 AAC 03 - 5 AAC 39.
(b) In some fishery management plans, the
distribution of harvestable fish between various users is determined by the
harvest that occurs during a specific time period, at a specific location or by
a specific group or groups of users. At times fishermen, due to circumstances
that are beyond the control of the department, such as weather or price
disputes, will not harvest fish. When this happens in a fishery governed by a
management plan, the goals of that plan may not be achieved. Therefore, when a
fishery is open to the taking of fish and the group or groups of users whose
catch determines the distribution of the harvest as set out in the applicable
management plan is not taking the harvestable fish available to them, the
department shall manage the fishery as if the available harvest is being taken.
When determining the available harvest, the department shall consider the
number of fish needed to meet spawning requirements, the number of fish present
in the fishery and in spawning areas that are in excess of spawning
requirements and the estimated harvesting capacity of the group or groups of
users that would normally participate in the fishery.
Notes
Authority:AS 16.05.251
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