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(a) In the Southern District described in 5 AAC 38.305(b) , clams and mussels may be taken from March 16 through May 14 and September 16 through October 31 at any time. From May 15 through September 15, clams and mussels may be taken only from 1:00 a.m. Monday through 11:00 p.m. Friday.
(b) In addition to the season specified in (a) of this section, in the Southern District described in 5 AAC 38.305(b) , clams and mussels may be taken from November 1 through March 15 only during 48-hour fishing periods established by emergency order. Fishing periods shall be established only after the department has determined that
(1) there will be a minus tide during the 48-hour fishing period;
(2) the ambient temperature at Homer Spit is expected to be above 32ΓΈ Fahrenheit; and
(3) the wind-chill factor temperature at Homer Spit is expected to be above 20ΓΈ Fahrenheit.
(c) The subdistricts of the Southern District will be open to commercial fishing in alternate years as follows:
(1) Subdistricts 1 and 3-B: odd-numbered calendar years;
(2) Subdistricts 2, 3-A, and 4: even-numbered calendar years;
(d) The annual guideline harvest level for hardshell clams in the Southern Districts is as follows:
(1) commercial fishery: 40,000 pounds;
(2) noncommercial fisheries: 160,000 pounds.
(e) The annual commercial guideline harvest level shall be divided into quarterly allocations, with any overage or underage carried over to the next quarter, except that no harvest allocation may be carried over into the next calendar year.
(f) If the commissioner determines it is necessary to reduce the sport and personal use harvest rate of hardshell clams to avoid exceeding the guideline harvest level, the commissioner may close, by emergency order, the sport and personal use clam seasons and immediately reopen the seasons during which the time, area, and bag and possession limits may be reduced.
(g) The annual guideline harvest level for mussels in the Southern District is 5,000 pounds.
(h) After harvesting hardshell clams in the Southern District, a person must complete a harvest map supplied by the department and return the completed harvest map to the department office in Homer, as follows:
(1) from May 15 through September 15, on or before the first Monday following the harvest at 8:00 a.m.;
(2) from September 16 through May 14, within 24 hours of returning to port.
(i) For the purposes of this section, "hardshell clams" means Pacific littleneck clams (Protothaca staminea) and butter clams (Saxidomus giganteus).
History: Eff. 9/12/97, Register 143; am 7/5/2000, Register 155; am 7/31/2003, Register 167
Authority: AS 16.05.060
Editor's note: The address of the department office in Homer is Department of Fish and Game, 3298 Douglas Place, Homer, Alaska.
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Last modified 7/05/2006