Salmon, coho (Oncorhynchus kisutch) also known as silver salmon. Salmon, king (Oncorhynchus tschawytscha) also known as chinook salmon. Sheefish (Stenodus mackenzii) also known as inconnu. Sole and flounders (all species of family Pleuronectidae). § 101.3 Species of commercial shellfish. All those marine species of mollusks and crustaceans which are subjected to commercial fishing and which shall include but not be limited to the following species: Abalone (Species of the genus Haliotis). Clam, butter (Saxidomus nuttall). Clam, razor (Siliqua patula). Crab, Dungeness (Cancer magister). Crab, king (Paralithodes camtschatica). Crab, tanner (Chionoecetes bairdii). Shrimp (species of the genera Pandalus, Pandalopsis and Crangon). § 101.4 Bona fide permanent residents or inhabitants. Those persons who have continuously resided within a specified area or within fifty miles thereof for a period of at least one year immediately preceding the time in question. § 101.5 Commercial fishing. The taking or attempting to take of any species of fish or shellfish for the purpose of sale or barter or for ultimate use as an integral part of any economic enterprise. The taking of fish or shellfish for use as bait in commercial fishing operations shall be regarded as commercial fishing, as shall also be the taking of fish for use as feed for fur-bearing animals. § 101.6 Natives and native Indians. Members of the aboriginal races inhabiting Alaska when annexed to the U. S., and their descendants of the whole or half blood. § 101.7 Occupation of a trap site. The care, service, and use of a trap by the permit holder, whether the trap be installed by him or another person. § 101.8 Permit holder for trap site. A person who has obtained specific permission from the War Department to occupy a given trap site. § 101.9 Personal use fishing. The taking or attempting to take, of any species of fish or shellfish for purposes other than for sale or barter, including dog feed. § 101.9a Bag limit. Maximum take permitted per person per day for per sonal use. § 101.10 Run. Any aggregation of a single species of fish having common limiting characteristics of space or time during the course of their spawning migration. § 101.11 Take. The total aggregate catch of a single species of fish captured within specific common limits of space or time. § 101.12 Wanton waste. The causing or allowing of captured commercial fish or shellfish to become unfit for human consumption or unavailable for use or any wilful action or neglect that directly contributes toward effecting such unusable condition. § 101.13 Local representative of the Fish and Wildlife Service. The nearest or most accessible officer of the Fish and Wildlife Service, or any person designated by the Administrator of Alaska Commercial Fisheries to perform specific functions of the Service. § 101.14 Trap. Any fixed device operated for the purpose of or resulting in the impoundment of live fish. § 101.15 Regulations in latitude and longitude. All regulations expressed in coordinates of latitude and longitude are based on the North American Datum of 1927, as used by the Coast and Geodetic Survey in the preparation of navigational charts. § 101.16 Legal limit of fishing gear. The maximum aggregate of a single type of fishing gear permitted to be used by one individual or boat in any particular regulatory area or district. § 101.17 Commercial fisherman. For the purposes of these regulations the term "commercial fisherman" shall include any person who owns or operates any boat or fishing gear registered in accordance with Section 102.8. § 101.18 Gill-net mesh. In fixing the size of gill-net mesh, the term "stretched measure" shall be deemed to be the average of the longer distances between diagonally opposite knots in any series of ten meshes stretched when wet after use, under 5 pounds of tension applied to each mesh. § 102.1 Prohibited with commercial gear; exception. General application of regulations. Each regulation herein contained is of general application within the particular area to which it applies, and no exclusive or several right of fishery is granted therein. § 102.2 Regulations subject to change. The regulations for the protection of the commercial fisheries of Alaska shall be subject to such change or revision by the Secretary of the Interior as may appear advisable from time to time. § 102.3a Imposition of additional restrictions and extensions of open seasons. There is hereby delegated to the Director of the Fish and Wildlife Service authority to shorten, lengthen, or reopen for limited periods any closed fishing period and to impose further restrictions on the means, methods, and areas of fishing and on the catch of fish otherwise permitted to be taken. § 102.4 Daily Reports. In waters where a rack or weir is maintained by the Fish and Wildlife Service for the purpose of counting salmon ascending to the spawning grounds, records of the catch of salmon shall be furnished daily by all operators to the local representative of the Fish and Wildlife Service. § 102.6 Inspection of fishery establishments. For purposes of inspection, representatives of the Department shall have at all times free and unobstructed access to all canneries, salteries, and other fishing establishments, and to all hatcheries. § 102.7 Reports required of operators. Each buyer or processor of fish or shellfish shall, each season: (a) furnish to the local representative of the Fish and Wildlife Service, prior to operating in each or any regulatory fishing district, a written statement of intention to operate and a description of the nature, extent, and location of the operation; (b) fully and accurately report all individual receipts of fish and allied data as required by the Director of the Fish and Wildlife Service or his authorized representative; (c) currently maintain available statistical records on receipts and production; and (d) submit an accurate report of operations on statistical forms provided for that purpose at the close of the season. Reporting responsibility, where in question, rests with the final buyer or dealer who handles the fish within the Territory. (e) Report, for statistical purposes, immediately in detail any disposition of fish or shellfish not processed within the statutory 48-hour time limitation. § 102.8 Registration of boats and gear. (a) Each year, 30 days prior to the opening of any fishing season in any regulatory area as defined herein, the units of gear and all boats intended to be used in fishing in such area shall be registered for the regulatory area of proposed operation and for no other. Such registration shall be made with the local representative of the Fish and Wildlife Service. No person shall be permitted Such to register any gear or boat so as to permit his fishing for salmon, except by trolling, in more than one regulatory area during the calendar year. registration shall include the furnishing of information on the size, type, crew, gear, and identity of boats, the name and address of any and all fishermen who will fish with such gear or boat, and the fishery (salmon, crab, etc.) in which such gear, boat or fisherman intends to operate. When registration plates are furnished for boats, such plates shall be displayed in a prominent place on the port side. gear or boat which has not been registered as required herein shall be permitted to engage in any fishery. Νο (b) No gear or boat fishing for salmon, but not including trolling lines and boats fishing with such excepted gear, which has been registered for fishing in a designated regulatory area, may thereafter be used for fishing in any other area, nor may any person or persons other than the person or persons designated in the original registry fish such boat or gear, except that substitutions in crew members or gear operators may be made with the approval of the local representative where such substitutions are made for the purpose of replacing fishermen who become ill or are otherwise removed from the fishery. (c) Salmon trolling gear and boats and all other gear and boats used in fishing for species other than salmon may change their operations from one regulatory area to another and from such other fishery to salmon fishing, but only after such proposed change has been reported to a local representative of the Fish and Wildlife Service in advance of such change. (d) Registration of boats and gear shall not be required of any boat engaging solely in the halibut fishery. (e) Registration subsequent to the specified time of registration and changes in area of fishing operation may be permitted to avoid unusual hardships and for other good cause provided such registrations and changes are consistent with needs of fishery conservation in the affected area. For the purpose of this section only, the following regulatory areas or combinations of regulatory areas are considered to be single regulatory areas: 1. Bristol Bay area. 2. Aleutian Islands-Alaska Peninsula-Chignik areas. 3. Kodiak area. 4. Cook Inlet-Resurrection Bay areas. 5. Prince William Sound-Copper River-Bering River-Yakataga areas. 6. Yakutat area. 7. Southeastern Alaska area. (f) For the 1956 season only, registration for the Copper River area shall not be made less than 15 days prior to the opening of the fishing season. § 102.9 Identification of stationary fishing gear. All persons, companies, or corporations owning, operating, or using any stake net, set net, trap net, pound net, or fish wheel for taking salmon or other fishes shall cause to be placed in a conspicuous place on said trap net, pound net, stake net, set net, or fish wheel the name of the person, company, or corporation owning, operating, and using same, together with a distinctive number, letter, or name which shall identify each particular stake net, set net, trap net, pound net, or fish wheel. Such letters and numbers shall be at least 6 inches in height with lines at least 1 inch wide and shall be painted in black on a white background. § 102.10 Explosives and poison prohibited. The use of any explosive or poison in the taking or killing of fish is prohibited. § 102.11 Prosecution for wanton waste of fish. If in the process of curing salmon bellies the remaining edible portion of the fish is not used, such action will be regarded as wanton waste within the meaning of section 8 of the act of June 26, 1906, and those who engage in this practice will be reported for prosecution as provided for in the act. § 102.12 Driving salmon downstream prohibited. The driving of salmon downstream or the causing of salmon to go outside the protected area at the mouth of any salmon stream are prohibited. § 102.13 Standard time used in various fishing areas. The time used in the various areas for the enforcement of the law and regulations that specify hours and days shall be as follows: (a) In the southeastern Alaska area: Pacific standard time. (b) In the Bering River, Copper River, Prince William Sound, Resurrection Bay, Cook Inlet, Kodiak, Chignik, Alaska Peninsula, and Bristol Bay areas: Standard time of the one hundred and fiftieth meridian of west longitude, which is 2 hours slower than Pacific standard time. (c) In the Aleutian Islands and Kotzebue-Yukon-Kuskokwim areas: Standard time of the one hundred and sixty-fifth meridian of west longitude, which is 3 hours slower than Pacific standard time. § 102.14 Closed areas near salmon streams. (a) In accordance with the authority contained in section 1 of the Act of June 18, 1926 (44 Stat. 752, 48 U. S. C. 221-224), as amended, commercial fishing is prohibited at all times between the exposed tideland banks of any salmon stream, within 500 yards of the terminus, as defined herein, of any such stream and within such greater distances from such terminus as may be specified in regulations having particular application to designated streams or areas. For the purpose of these regulations the word "terminus" shall mean a line drawn between the seaward extremities of the exposed tideland banks of any salmon stream. (b) For the purposes of section 3 of the Act of June 6, 1924 (43 Stat. 464; 48 U. S. C. 233), as amended, the mouth of any salmon creek, stream or river is determined to be at a line drawn between the extremities of its banks at mean low tide. The facts as to the location of any such line shall be ascertained from time to time by the Director of the Fish and Wildlife Service and such other persons as may be designated by the Director and in accordance therewith the mouth of such creek, stream or river shall be appropriately marked and such marking shall be final. No 102.15 Types of gear permitted, salmon fishing. In commercial fishing for salmon all forms of gear other than drift gill nets, stake nets, set nets, driven traps, floating traps, purse seines, beach seines, fish wheels, trolling apparatus, hand lines, rods, spears, and gaffs are prohibited at all times. The use of any other form of gear, including trammel nets, diver nets, trawls, combination nets, hammerhead traps or any modification thereof, is prohibited at all times. gill net shall include any webbing other than a single sheet hung between cork and lead lines. No gill net shall be used in any form of seining operations. § 102.16a Salmon fishing boats and gear. No salmon seine boat or trolling boat shall operate, assist in operating, or have aboard either it or on any boat towed by it, more than one legal limit of fishing gear in the aggregate: Provided, That (a) where the use of leads is permitted, a purse seine boat may have or use not to exceed one lead of legal length and depth with mesh at least 7 inches stretched measure between knots, (b) a trolling boat may have or use for taking bait, one gill net with mesh not more than 21⁄2 inches stretched measure between knots, made of not greater than number 20 gill-net thread, and not exceeding 10 fathoms in length and 100 meshes in depth, and (c) unhung gear sufficient for mending purposes may be carried aboard. § 102.18 Purse rings prohibited on purse seine leads. In all purse seining operations the use of leads having purse rings attached to them is prohibited. § 102.18a Trailing of gill net web. The trailing of gill net web is prohibited any time or place where fishing is not permitted. 102.18b Removal from water of set nets. All set or anchored gill nets shall be removed from the water during any closed period. § 102.19 Limitations on fishing gear of trolling boats. Not more than four trolling lines shall be operated by any salmon trolling boat. § 102.24 Limitation on increases of individual trap site operations. No person shall be permitted to increase the number of trap sites which he occupies over the number occupied in the preceding season if such increase would result in his occupation of more than 10 sites. The Secretary or his authorized representative may, however, in exceptional cases authorize such an increase for good cause shown. Any trap site occupied in violation of this section will be closed. § 102.25 Operation of trap site by permit holder. No person shall be allowed to occupy, lease, or assign a trap site who in the previous year held a permit for a trap site and did not himself occupy such site but instead leased or assigned such site to another person under arrangements by which the permit holder did not bear all or a substantial part of the expenses and financial risk involved in the installation, care, service, and use of the trap. The Secretary or his authorized representative may, however, in exceptional cases authorize occupation of such site for good cause shown. Any trap site occupied, leased, or assigned in violation of this section will be closed. § 102.26 Traps must be ineffectual prior to open season. In any prescribed fishing area prior to the first date when salmon traps may be operated in any calendar year, no trap or any part thereof, whether under construction or after completion, shall be so arranged or adjusted as to prevent the free and unobstructed passage at all times of all fish. § 102.27 Traps{limited to two spillers. No trap shall have more than two spillers. § 102.28 Method of closing salmon traps. During all periods when fishing is prohibited, the heart walls of salmon traps shall be lifted or lowered in accordance with the method prescribed by section 5 of the Act of June 6, 1924, and the tunnels from hearts to pots shall be closed in the following manner: (a) Floating traps: Poles shall be permanently secured to the webbing at each side of the mouth of the pot tunnel and shall extend from the tunnel floor to a height at least four feet above the water. A draw line shall be reeved through the lower ends of both poles and the top of one, and the upper end of this line shall be spliced to a length of chain. The two tunnel walls must be overlapped as far as possible across the pot gap and the draw line must be pulled tight so as to completely close the bottom of the tunnel. The pole on the right side of the pot gap, as viewed from the shore, must be painted bright red above water and the pole on the left bright green. Serially numbered seals issued by the Fish and Wildlife Service shall be affixed around the top rib lines and webbing of both tunnel walls next to each pole and a link of the chain must be included in one of the seals. Seals must be attached in such manner that the trap cannot be fished without breaking them. (b) Stationary traps: A draw line shall be secured to the pot wall at a depth equal to that of the bottom of the tunnel and at least 12 inches from the edge of the pot gap; shall be reeved through rings fastened at intervals of 4 feet or less on the vertical rib line along the mouth end of the opposite tunnel wall; and shall be spliced at its upper end to a length of chain. The tunnel shall be pulled to one side of the pot gap sufficiently to overlap the pot wall a minimum of 12 inches and the draw line shall be pulled tight and secured by looping its chain around the capping. Serially numbered seals issued by the Fish and Wildlife Service shall be affixed, one to seal the tunnel webbing to the pot wall and another to seal the loop of chain around the capping. Seals must be attached in such a manner that the trap cannot be fished without breaking them. $102.29 Traps to be made inoperative within 24 hours after close of season. Within 24 hours after the close of the last seasonal fishing period in which traps may be operated in any calendar year, the wire on the entire long wall of the small heart from the pot tunnel to the first corner of both sides shall be cut down and any lead within 50 feet of the small heart gap shall be cut down. Within 48 hours after any such season (a) the tunnels from pots to spillers of all traps shall be entirely disconnected, and (b) the spillers of all driven traps shall be raised to within 4 feet of the capping and the spillers of floating traps to within 4 feet of the surface. With respect to traps not provided with spillers, the requirement with regard to spillers shall apply to the pots. This requirement shall not apply to traps, the operation of which has been suspended by announcement under § 102.3a if such announcement expressly so provides. § 102.30 Gear restrictions; bottom fish. The size, character and operation of trawls in Alaskan waters for the taking of bottom fish are limited as follows: (a) Otter trawls having mesh smaller than 5 inches stretched measure between knots in the bag and 6 inches stretched measure between knots in the wings are prohibited, except as provided in section 102.36a. (b) The use of any devices attached to the foot-rope or elsewhere, such as chain "ticklers," is prohibited. (c) The use of otter trawls in any area which the International Pacific Halibut Commission has found to be populated by small immature halibut and accordingly has been closed to all halibut fishing, is prohibited. (d) All operators of otter trawls shall maintain a running log on forms furnished showing date, type and size of mesh of trawl used, each locality fished, the time and duration of each tow, and the estimated poundage and number or average weight of each species caught. Such logs shall be available for inspection by representatives of the Fish and Wildlife Service at any reasonable time, and duplicate copies shall be transmitted to the Fish and Wildlife Service at the end of each trip. (e) The use of any trawl in fishing for, or taking, salmon or herring is prohibited. HERRING FISHERY § 102.31 Obstructions prohibited in herring bays. No one shall place, or cause to be placed, across the entrance to any lagoon or bay any net or other device which will prevent the free passage at all times of herring in and out of said lagoon or bay. |