5 AAC 04.001. Application of this chapter. Requirements set out in this chapter apply to commercial fishing only, unless otherwise specified. Subsistence, personal use, and sport fishing regulations affecting commercial fishing vessels or affecting any other commercial fishing activity are set out in the subsistence fishing regulations in 5 AAC 01 and 5 AAC 02, personal use fishing regulations in 5 AAC 77, and sport fishing regulations in 5 AAC 70 and 5 AAC 75.

5 AAC 04.100. Description of Norton Sound-Port Clarence Area. The Norton Sound-Port Clarence Area includes all waters of Alaska between the latitude of the westernmost tip of Cape Prince of Wales and a line extending 315° northwest from Point Romanof at 63° 12.16' N. lat., 162° 49.72' W. long. to a point three nautical miles offshore at 63° 14.27' N. lat., 162° 54.40' W. long., including the waters of Alaska surrounding St. Lawrence Island and those waters draining into the Bering Sea.

5 AAC 04.200. Fishing districts and subdistricts. (a) The Port Clarence District consists of all waters between the latitude of the westernmost tip of Cape Prince of Wales and the latitude of the westernmost tip of Cape Douglas. The following are the regulatory subdistricts of the Port Clarence District: (1) Grantley Harbor Subdistrict consists of all waters inside ADF&G regulatory markers located at the western tip of Cape Riley to the entrance of Brevig Lagoon and from Four Mile Point across Grantley Harbor to the mouth of Sunset Creek; (2) Outer Subdistrict consists of all waters of the Port Clarence District not included in the Grantley Harbor Subdistrict. (b) The Norton Sound District consists of all waters between the latitude of the westernmost tip of Cape Douglas and a line extending 315° northwest from Point Romanof at 63° 12.16' N. lat., 162° 49.72' W. long. to a point three nautical miles offshore at 63° 14.27' N. lat., 162° 54.40' W. long. The following are the regulatory subdistricts of the Norton Sound District: (1) Subdistrict 1 consists of waters from the tip of Cape Rodney to the tip of Topkok Head; (2) Subdistrict 2 consists of waters from the tip of Rocky Point to the southernmost tip of Cape Darby; (3) Subdistrict 3 consists of waters from an ADF&G regulatory marker located at Carson Creek to the tip of Bald Head; (4) Subdistrict 4 consists of the waters from the tip of Bald Head to the tip of Point Dexter; (5) Subdistrict 5 consists of waters from the westernmost tip of Cape Denbigh to the terminus of Junction Creek located seven miles north of Egavik; (6) Subdistrict 6 consists of waters from the terminus of Junction Creek located seven miles north of Egavik to the tip of Black Point.

5 AAC 04.310. Fishing seasons. Except as provided in 5 AAC 04.320 - 5 AAC 04.390, salmon may be taken only as follows: (1) repealed 6/28/2019; (2) repealed 6/28/2019; (3) in Subdistricts 1 - 6, during fishing periods established by emergency order from June 8 through September 7, unless extended by emergency order to allow the harvest of surplus salmon after escapement needs have been met; (4) in the Port Clarence District, during fishing periods established by emergency order from July 1 through July 31.

5 AAC 04.320. Fishing periods. In the Norton Sound-Port Clarence Area, salmon may be taken only during fishing periods established by emergency order.

5 AAC 04.330. Gear. In the Norton Sound-Port Clarence Area, set gillnets may be operated. In the Norton Sound District, drift gillnets may also be operated.

5 AAC 04.331. Gillnet specifications and operations. (a) The aggregate length of a gillnet may not exceed 100 fathoms, except that if the commissioner determines that there is a harvestable surplus of pink salmon, the commissioner may, by emergency order, close the fishing season and immediately reopen a season during which a set gillnet may not exceed (1) a mesh size of four and one-half inches; and (2) an aggregate length of set gillnet established in the emergency order that is not more than 200 fathoms, based on the department's ability to conduct an orderly fishery. (b) No gillnet gear may be operated in a manner to obstruct more than one-half the width of any waterway. In the intertidal zone this restriction applies at all stages of the tide. (c) In the Norton Sound District, no person may take salmon with a gillnet that has a mesh size larger than (1) four and one-half inches during periods and in locations specified by emergency order; (2) six inches after a date specified by an emergency order issued between July 1 and July 15. (d) In the Norton Sound District, no more than 200 fathoms of gillnet in the aggregate may be operated from a vessel. (e) Notwithstanding (c) of this section, during times when the commissioner determines it to be necessary for the conservation of chum salmon, the commissioner, by emergency order, may close the fishing season in any portion of the Norton Sound District and immediately reopen the season in that portion during which a person may not take salmon with a gillnet that has a mesh size smaller than seven and one-half inches.

5 AAC 04.334. Identification of gear. (a) Each set gillnet in operation must be identified as required by 5 AAC 39.280. (b) Each drift gillnet in operation must have at one end a red keg, buoy or cluster of floats plainly and legibly marked with the fisherman's five-digit CFEC permit serial number.

5 AAC 04.335. Minimum distance between units of gear. No part of a set gillnet may be set or operated within 300 feet of any part of another set gillnet.

5 AAC 04.350. Closed waters. Salmon may not be taken in the following locations: (1) all waters seaward of the mouth of the Unalakleet River from a line between ADF&G regulatory markers located on each side of the river to an outer line established by ADF&G regulatory markers and buoys; (2) all waters of the Norton Sound-Port Clarence Area, except those waters described in 5 AAC 04.200; (3) in the Port Clarence District, all waters of the Outer Subdistrict described in 5 AAC 04.200(a)(2); (4) repealed 4/13/2013.

5 AAC 04.355. Requirements for transporting salmon and salmon roe in the Norton Sound-Port Clarence Area. A salmon buyer or processor transporting salmon or salmon roe to the point of initial processing must have in possession, and display, upon request, to a peace officer of the state, a completed fish ticket, or a copy of the fish ticket, for all salmon or salmon roe in the buyer's or processor's possession at the time. While transporting commercially-harvested salmon or salmon roe, a buyer or processor may not possess or transport subsistence-harvested salmon or salmon roe.

5 AAC 04.358. Chum salmon optimal escapement goal ranges for river systems in Subdistrict 1 of the Norton Sound District. Repealed.

5 AAC 04.360. Guideline harvest range. Repealed.

5 AAC 04.362. Guideline harvest range for Port Clarence District. If the department projects that the inriver run goal for the Pilgrim River is at least 30,000 sockeye salmon, a commercial fishery may occur in the Port Clarence District with the guideline harvest range from 0 - 10,000 sockeye salmon.

5 AAC 04.365. Reporting requirements. (a) In addition to the requirements of 5 AAC 39.130, each buyer, or the buyer's agent, shall report to a local representative of the department before purchasing fish taken in the Norton Sound District. (b) Each commercial salmon fisherman shall report, on a ADF&G fish ticket, the number of salmon taken but not sold.

5 AAC 04.380. Subdistrict 1 of the Norton Sound District Salmon Management Plan. (a) The purpose of this management plan is to provide the department with management guidelines for the sustained yield of salmon stocks in Subdistrict 1 of the Norton Sound District. The department shall manage, to the extent practicable, the subsistence, sport, and commercial fisheries in Subdistrict 1 to achieve escapement goals. (b) The department shall manage salmon fisheries in Subdistrict 1 as follows: (1) commercial fishing for chum and pink salmon may be opened in the waters east or west of Cape Nome, or both, by emergency order, if the department projects the harvestable surplus will more than meet subsistence needs; (2) subsistence fishing for chum salmon will be opened and closed by emergency order on a stream-by-stream basis, if the department determines there is a harvestable surplus; a permit under 5 AAC 01.180 is required; (3) if subsistence fishing for chum salmon is restricted, the commissioner may, by emergency order, close a commercial fishery and immediately reopen a commercial fishery during which chum salmon may be retained, but not sold.

5 AAC 04.390. Subdistricts 2 and 3 of the Norton Sound District Salmon Management Plan. (a) The purpose of this management plan is to provide the department with management guidelines for the sustained yield of salmon stocks in Subdistricts 2 and 3 in the Norton Sound District. The department shall manage, to the extent practicable, the commercial, sport, subsistence, and personal use fisheries in Subdistricts 2 and 3 to achieve escapement goals. (b) The department shall manage salmon fisheries in the Subdistricts 2 and 3 as follows: (1) in the commercial chum salmon fishery, (A) repealed 6/28/2019; (B) the chum salmon harvest may not exceed 15,000 fish before the department's mid-July run assessment in Subdistrict 2; (C) the fishery may occur only if the department projects that chum salmon escapement goals will be achieved and the harvestable surplus will more than meet subsistence needs; (2) a commercial pink salmon fishery may occur only if subsistence needs are expected to be met and chum salmon escapement goals achieved, or the department determines that, after July 6 in Subdistrict 3 and after July 14 in Subdistrict 2, there is a harvestable surplus of pink salmon and that a directed pink salmon commercial fishery will not have a significant impact on escapement goals or subsistence use of chum salmon; (3) in the commercial coho salmon fishery, the fishery may occur only when the department determines that further restrictions would have no impact on achieving chum salmon escapement goals; (4) the commissioner may not place restrictions on subsistence fishing for chum salmon by emergency order, unless all directed chum salmon commercial fishing has been closed and sport fishing has been appropriately restricted in the subdistrict as provided in 5 AAC 01.180 - 5 AAC 01.184.

5 AAC 04.395. Subdistricts 5 and 6 of the Norton Sound District and the Unalakleet River King Salmon Management Plan. (a) The purpose of this management plan is to provide the department management direction for the subsistence, sport, and commercial king salmon fisheries in the marine waters of Subdistricts 5 and 6 and in the Unalakleet River drainage from June 15 through July 15. (b) From June 15 through June 20, (1) the commissioner will close, by emergency order, subsistence fishing and immediately reopen subsistence fishing with two 48-hour fishing periods per week in the marine waters of Subdistricts 5 and 6 and two 36-hour fishing periods per week in the inriver fishery; (2) in the sport fishery, (A) the bag and possession limit for king salmon is two fish, of which only one fish may be 20 inches or greater in length; (B) the annual limit for king salmon 20 inches or greater in length is two fish; (3) commercial fishing is closed. (c) If the projected king salmon escapement is below the lower end of the escapement goal range, all fishing for king salmon will be closed. (d) Notwithstanding any provision of 5 AAC 39.222 and 5 AAC 39.223, if the projected king salmon count at the North River counting tower exceeds the midpoint of the escapement goal, (1) the commissioner may open, by emergency order, a subsistence king salmon fishery in the (A) marine waters of Subdistricts 5 and 6 for two 48-hour fishing periods per week; and (B) inriver fishery for two 36-hour fishing periods per week; (2) the commissioner may increase, by emergency order, the sport fish annual limit for king salmon, 20 inches or greater in length, to four fish; (3) the commissioner may open, by emergency order, a commercial king salmon fishery with two 24-hour fishing periods per week. (e) If subsistence fishing periods in the Unalakleet River drainage are restricted to less than two 36-hour openings, the sport fish harvest annual limit for king salmon will be reduced to one fish with no size limit. (f) In Subdistricts 5 and 6, if the marine waters subsistence fishery is restricted to (1) a gillnet mesh size of six inches or less under 5 AAC 01.170(j), the sport fish bag and possession limit and annual limit for king salmon will be reduced, by emergency order, to one king salmon; (2) less than two 48-hour fishing periods, the sport fishery will be reduced, by emergency order, to catch-and-release fishing only. (g) In the Unalakleet River drainage or in the marine waters of Subdistricts 5 and 6, if the subsistence fishery is closed to the retention of king salmon, sport fishing for king salmon will be closed. (h) In Subdistricts 5 and 6, the commercial pink or chum fisheries may occur only if the department determines there is a harvestable surplus of pink or chum salmon and that a directed pink or chum salmon commercial fishery will not have a significant impact on escapement goals or subsistence uses of king salmon, and only under the following conditions: (1) before July 1, a commercial pink or chum salmon fishery may not occur if (A) in the king salmon subsistence fishery in the marine waters, (i) the gillnet mesh size is restricted to six inches or less under 5 AAC 01.170(j); or (ii) subsistence fishing time is reduced; or (B) the king salmon subsistence fishery is closed; (2) notwithstanding the provisions of (1) of this subsection, during times when the commissioner determines that it is necessary for the conservation of king salmon, the commissioner may close, by emergency order, any open commercial gillnet fishing season and open a commercial salmon fishery at any time during which only beach seine gear may be used to take chum and pink salmon and all king salmon caught must be returned immediately to the water alive; a beach seine may not be constructed of monofilament web and may not exceed (A) 150 fathoms in length; (B) 100 meshes in depth; (C) a mesh size of four inches stretched measure. (i) If subsistence fishing for king salmon is restricted, the commissioner may, by emergency order, close the commercial salmon fishery and immediately reopen the commercial fishery during which king salmon may be retained, but not sold.

Repealed 7/30/89

5 AAC 04.410 was repealed as of Register 110.

5 AAC 04.510. Fishing season. Repealed.