1. (a) Notwithstanding 5 AAC 38.062, in Registration Area E, octopus may be taken

   1. (1) in a directed fishery as specified in (e) - (l) of this section; or
   2. (2) as bycatch in pot, trawl, and longline gear in commercial fisheries.
2. (b) The guideline harvest range for octopus in Registration Area E is 0 - 35,000 pounds; when the guideline harvest level has been reached, the commissioner shall close, by emergency order, Registration Area E to the retention of octopus.
3. (c) Octopus may be retained as bycatch only in an amount not to exceed 20 percent, by weight, of the directed harvest on board the vessel, except that in a directed fishery for shrimp, octopus may be retained in an amount not to exceed 35 percent, by weight, of the shrimp on board the vessel.
4. (d) Octopus retained for sale or for personal use shall be reported on a fish ticket as described in 5 AAC 39.130.
5. (e) A CFEC permit holder shall register for the directed octopus fishery before operating in the directed fishery.
6. (f) In the directed fishery, octopus may only be taken by octopus lair pots that are fished individually or on a longline. An octopus lair pot may not contain bait or attractants.

7. (g) Each octopus lair pot must be marked as follows:

   1. (1) at least one buoy on each pot must be legibly marked with the permanent ADF&G vessel license plate number of the vessel operating the gear; the number must be

      1. (A) located on the top one-half of the buoy;
      2. (B) in numerals at least four inches high and one-half inch wide;
      3. (C) a color that contrasts with the color of the buoy; and
      4. (D) visible on the buoy above the water surface when the buoy is attached to the pot;
   2. (2) when five or more octopus lair pots are longlined, each end of the longline must have a buoy attached that is marked as described in (1) of this subsection;
   3. (3) on each buoy marked with the ADF&G vessel license plate number, the letters "OC" must be marked on the buoy to designate the gear as octopus lair pot gear; only the ADF&G vessel license plate number of the specific vessel operating the gear may be marked on the buoy;
   4. (4) for the purposes of this section, "longlined" means more than one octopus lair pot is attached to a stationary, buoyed, and anchored line.
8. (h) If there is a closure of a directed octopus fishery, octopus lair pot gear must be removed from the water within seven days of the closure.
9. (i) After 24 hours following the closure of a directed octopus fishery, a vessel registered for the directed octopus fishery may not have octopus on board.
10. (j) Log sheets will be provided by the department at the time of registration and must be filled out completely and submitted within seven days of landing date.

11. (k) A prior notice of landing is required as specified on the registration and includes the

    1. (1) location of landing and estimated time of delivery;
    2. (2) name of buyer or processor, if applicable; and
    3. (3) estimated number of pounds of octopus on board the vessel.

12. (l) For the purposes of this section, "octopus lair pot" means a structure designed and constructed

    1. (1) to be submerged to retain octopus alive in the water that does not have a device or design element that restricts or impedes exit by an octopus from the octopus lair pot;
    2. (2) with a maximum volume of two cubic feet;
    3. (3) with an entry perimeter not greater than nine inches tall by nine inches wide.

(Eff. 7/13/2012, Register 203; am 6/7/2025, Register 254)

Authority: AS 16.05.060, AS 16.05.251