Section 5 AAC 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 submit a written notice of intent to operate to the department and receive a written acknowledgment from the department that the department has received a completed notice of intent to operate.(d) After receiving the written acknowledgment described in (c) of this section, during a season opened by emergency order under this section, a hatchery operator, or an individual or company Processor or catchere processor working for the hatchery operator may remove the roe from pink and chum salmon without further use of the carcasses if the requirements of (b) of this section are met.(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.Eff. 9/30/2007, Register 183; am 4/25/2021, Register 238, July 2021Authority:AS 16.05.020
AS 16.05.831