1. (a) The commissioner may, by emergency order, open the Southeast Alaska red and blue king crab fishery only if the department's preseason biomass estimate of legal male red and blue king crab equals at least 50 percent of the median biomass estimate of legal males.

2. (b) If the commercial red and blue king crab fishery is open under (a) of this section, and the preseason biomass estimate of legal males is

   1. (1) at least 50 percent but less than 100 percent of the median biomass estimate of legal males, the biomass of legal males available for harvest will not exceed 0.1 x LMB x (LMB/LMBMED), where "LMB" is equal to the current year preseason biomass estimate of legal males, and "LMBMED" is equal to the median biomass estimate of legal males; or
   2. (2) equal to or greater than the LMBMED, the biomass of legal males available for harvest will not exceed 10 percent of the preseason estimate of LMB.
3. (c) In implementing the harvest strategy, the department shall consider the reliability of biomass estimates of red and blue king crab, the manageability of the fishery, and other factors the department determines important to manage the fishery consistent with sustained yield principles. The department shall use the best scientific information available and consider all sources of uncertainty as necessary to avoid overfishing.
4. (d) In Registration Area A, the holder of a CFEC permit for red or blue king crab may not retain more king crab in the directed fishery than the annual amount of king crab individual catch limit that is specified by the department. The department shall determine the annual amount of king crab individual catch limit by dividing the annual total allowable catch by the number of CFEC permits eligible to be fished in the fishery. The department shall use the best available information, including harvest rate and biological data, to set the total allowable catch.
5. (e) A commercial or personal use harvest that exceeds the permit holder's individual catch limit established under (d) of this section must be reported as an overage on an ADF&G fish ticket at the time of delivery and immediately surrendered to the state. Proceeds from the sale of excess king crab shall be surrendered to the state.
6. (f) Except as provided in (a) - (e) of this section, when the biomass of legal males available for harvest is equal to or greater than 200,000 pounds, a competitive fishery may open.
7. (g) If multiple CFEC permit holders are registered to fish from the same vessel, the maximum number of king crab pots that may be operated may not exceed pot limits as set out under 5 AAC 34.125(b)(1).
8. (h) Based on inseason information, the commissioner may, by emergency order, close a fishing season.

9. (i) In this section,

   1. (1) "legal males" means male red or blue king crab at least seven inches or greater in width of shell;
   2. (2) "preseason biomass estimate" means the sum of surveyed and non-surveyed biomass estimates of legal male red and blue king crab present at the time of the preseason survey as estimated directly by the catch survey analysis method from annual pot survey data.
10. (j) The provisions of this section do not apply after January 24, 2028.

(Eff. 6/24/93, Register 126; am 8/24/2002, Register 163; am 6/27/2025, Register 254)