1. (a) To guide management of high impact emerging commercial fisheries, a plan is needed that ensures resource conservation, minimizes impacts on existing users, and provides orderly development of new fishery resources.

2. (b) The department may regulate a commercial fishery as a high impact emerging commercial fishery if the commissioner determines that any of the following conditions apply to a species or species group in an area or region:

   1. (1) harvesting effort has recently increased beyond a low sporadic level;
   2. (2) interest has been expressed in harvesting the resource by more than a single user group;
   3. (3) the level of harvest might be approaching a level that might not be sustainable on a local or regional level;
   4. (4) the board has not developed comprehensive regulations to address issues of conservation, allocation, and conduct of an orderly fishery.
3. (c) The commissioner shall notify the board if a determination is made to manage a fishery as a high impact emerging fishery.
4. (d) The department shall close a high impact emerging commercial fishery once it has been designated as such by the commissioner, and may not reopen the fishery until an interim management plan and associated regulations have been adopted by the commissioner. If an interim management plan and regulations have been adopted, the commissioner may allow the fishery to continue.

5. (e) The department shall develop an interim management plan for each high impact emerging commercial fishery. An interim management plan shall contain at least the following information:

   1. (1) a review of the history of commercial exploitation of the species in Alaska and other relevant jurisdictions;
   2. (2) a review of the life history of the organism;
   3. (3) identification of specific management goals and objectives;
   4. (4) an evaluation of potential impacts on existing users;
   5. (5) designation and justification of the preferred management measures;
   6. (6) an evaluation of the conservation impacts of the preferred management approach on nontarget species and on nontarget individuals of the same species;
   7. (7) a plan for determining the productivity of the species and impact of the fishery;
   8. (8) a list of proposed interim regulations;
   9. (9) a cost estimate for plan implementation;
   10. (10) an analysis of customary and traditional subsistence use patterns.
6. (f) The commissioner may adopt regulations and open the fishery consistent with measures identified in the interim management plan. The regulations will remain in effect until the board adopts regulations under (g) of this section.
7. (g) Upon completion of an interim plan, the department shall petition the board under 5 AAC 96.625 to consider adoption of the management plan and associated regulations at its next regularly scheduled meeting.
8. (h) The department may require onboard observers as specified in 5 AAC 39.141 and 5 AAC 39.645 on fishing vessels, catcher-processors, and floating processors that participate in high impact emerging commercial fisheries.

(Eff. 4/30/91, Register 118)

Authority: AS 16.05.251