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5 AAC 01.010. Methods, means, and general provisions

(a) Unless otherwise provided in this chapter, the following are legal types of gear for subsistence fishing:

(1) gear specified in 5 AAC 39.105;

(2) jigging gear, which consists of a line or lines with lures or baited hooks that are operated during periods of ice cover from holes cut in the ice, or from shore ice referred to in 5 AAC 01.220(l) , and which are drawn through the water by hand;

(3) a spear which is a shaft with a sharp point or fork-like implement attached to one end, used to thrust through the water to impale or retrieve fish and which is operated by hand;

(4) a lead which is a length of net employed for guiding fish into a seine or a length of net or fencing employed for guiding fish into a fish wheel, fyke net or dip net.

(b) Finfish may be taken for subsistence purposes only by Alaskan residents.

(c) Gillnets used for subsistence fishing for salmon may not exceed 50 fathoms in length, unless otherwise specified by the regulations in particular areas set forth in this chapter.

(d) Unless otherwise specified in this chapter, it is unlawful to buy or sell subsistence-taken fish, their parts, or their eggs, except that it is lawful to buy or sell a handicraft made out of the skin or nonedible by-products of fish taken for personal or family consumption.

(e) Fishing for, taking or molesting any fish by any means, or for any purpose, is prohibited within 300 feet of any dam, fish ladder, weir, culvert or other artificial obstruction.

(f) The use of explosives and chemicals is prohibited.

(g) Subsistence fishing by the use of a hook and line attached to a rod or pole is prohibited, unless otherwise provided in this chapter.

(h) A subsistence fisherman shall plainly and legibly inscribe that person's first initial, last name, and address on that person's fish wheel, keg or buoy attached to a gillnet, and other unattended subsistence fishing gear.

(i) All pots used for subsistence fishing must comply with the escape mechanism requirements in 5 AAC 39.145.

(j) Persons licensed under AS 43.75.011 to engage in a fisheries business may not receive for commercial purposes or barter or solicit to barter for subsistence taken salmon or their parts. Further restrictions on the bartering of subsistence taken salmon or their parts may be implemented by emergency order for a specific time or area if circumvention of management programs is occurring because of illegal bartering activities.

(k) The gillnet web in a gillnet used for subsistence fishing for salmon must contain

(1) at least 30 filaments, each of which must be of equal diameter; or

(2) at least six filaments, each of which must be at least 0.20 millimeters in diameter.

(l) Repealed 5/15/93.

(m) Salmon taken for subsistence use or under subsistence fishing regulations may not be subsequently used as bait for commercial fishing purposes.

(n) The use of live nonindigenous fish as bait is prohibited;

(o) Fish taken and retained for subsistence shall be salvaged for subsistence uses;

(1) in this section, "salvage" means to transport fish to a location where the fish will be processed or preserved for subsistence uses before the fish become spoiled or otherwise unusable for subsistence;

(2) it is a defense to a charge that the failure to salvage the fish was due to circumstances beyond the control of the person charged, including:

(A) theft of the fish;

(B) unanticipated weather conditions or other acts of God;

(C) unavoidable loss in the field to a wild animal.

History: In effect before 1983; am 4/16/83, Register 86; am 4/2/88, Register 105; am 6/2/88, Register 106; am 6/25/89, Register 110; am 7/16/92, Register 123; am/readopt 5/15/93, Register 126; am 7/3/94, Register 130; am 6/17/2001, Register 158; am 7/1/2006, Register 178; am 7/13/2012, Register 203; am 6/26/2016, Register 218; am 6/28/2019, Register 230

Authority: AS 16.05.251

AS 16.05.258

Editor's note: At its February 23 - 27, 1993 meeting, the Board of Fisheries readopted 5 AAC 01.010(a) (1), (a)(3), (a)(4), (c) - (f), (h), (j), (k), (m), and (n) in their entirety without change, under ch. 1, SSSLA, 1992 (the 1992 subsistence law), which repealed and reenacted AS 16.05.258 .

5 AAC 01.011. Subsistence fishing by proxy

(a) Finfish may be taken by subsistence fishing by proxy only as provided in AS 16.05.405 and in this section.

(b) Any species of finfish, except halibut, that may be taken by subsistence fishing under this chapter may be taken by subsistence fishing by proxy.

(c) Before a proxy may take, attempt to take, or transport finfish taken under this section, on behalf of a beneficiary, the proxy or the beneficiary shall obtain and complete a proxy fishing information form available from the department. The proxy or the beneficiary shall take or mail the completed form to any ADF&G office for validation. The department shall return the validated form and retain a copy for the department's records. In addition to the requirements of AS 16.05.405 (c), the proxy must have in possession a validated proxy fishing information form when taking, attempting to take, or transporting finfish taken under this section, on behalf of a beneficiary. A subsistence fishing permit issued by the department may be substituted for the proxy fishing information form if the information requested on the subsistence fishing permit is the same as the information requested on the proxy fishing information form.

(d) As provided in AS 16.05.405 , a proxy who takes or attempts to take finfish by subsistence fishing on behalf of a beneficiary may, at the same time, fish for the proxy's own use, except that the proxy

(1) may not take more than twice the bag limit, and may not possess more than twice the possession limit, of a species, as established in this chapter, for the waters in which the fishing occurs; and

(2) may not fish with more than one legal limit of gear, as established in this chapter.

(e) A beneficiary may not authorize more than one proxy to take or attempt to take finfish on the beneficiary's behalf at one time. A beneficiary may not personally take or attempt to take finfish at the same time that a proxy is taking or attempting to take finfish on the beneficiary's behalf.

(f) A person may not give or receive remuneration in order to obtain, grant, or influence the granting of an authorization to take or attempt to take finfish by proxy on behalf of a beneficiary.

(g) In this section,

(1) "beneficiary" means a resident

(A) who is blind, is a person with physical disabilities as defined in AS 16.05.940 , or is 65 years of age or older; and

(B) on whose behalf finfish are to be taken or attempted to be taken under AS 16.05.405 ;

(2) "proxy" means a resident who holds a valid resident sport fishing license and who wishes to take or attempt to take finfish on behalf of a beneficiary under AS 16.05.405 ;

(3) "fishing site" means the location where the finfish is removed from the water and becomes part of the beneficiary's specified limit.

(h) A proxy fishing information form is valid for the remainder of the calendar year during which it is issued, unless the beneficiary specifies an earlier ending date on the proxy fishing information form.

(i) Before concealing the finfish from plain view or transporting the finfish from the fishing site, a proxy must record on the proxy fishing information form, or a subsistence permit if allowed under (c) of this section, the date, location (body of water fished), species, approximate weight, and number of the finfish taken by the proxy on behalf of a beneficiary.

(j) Within 30 days after taking finfish for a beneficiary under this section, a proxy must personally deliver the finfish to the beneficiary.

History: Eff. 7/3/94, Register 130; am 6/15/95, Register 134; am 5/26/2006, Register 178; am 8/8/2007, Register 183; am 9/19/2019, Register 231

Authority: Sec. 1, ch. 81,

SLA 1992

AS 16.05.251

AS 16.05.258

AS 16.05.370

AS 16.05.403

AS 16.05.405

5 AAC 01.015. Subsistence fishing permits and reports

(a) Salmon may be taken only under the authority of a subsistence fishing permit issued by the commissioner, unless a permit is specifically not required in a particular area by the subsistence regulations in this chapter, or unless the fisherman is retaining salmon from the fisherman's commercial catch consistent with 5 AAC 39.010.

(b) If a subsistence fishing permit is required by this chapter, the following permit conditions apply unless otherwise specified by the subsistence fishing regulations in this chapter:

(1) the numbers of fish taken for subsistence use may not exceed the limits set out in the permit;

(2) permits must be obtained from a local representative of the department prior to subsistence fishing;

(3) permits must be retained in the possession of the permittee and be readily available for inspection while taking fish; a person who transports subsistence-taken fish shall have a subsistence fishing permit in that person's possession;

(4) the permit may designate the species and numbers of fish to be harvested, time and area of fishing, the type and amount of fishing gear and other conditions necessary for management or conservation purposes;

(5) if specified on the permit, each subsistence fisherman shall keep accurate daily records of the catch involved, showing the number of fish taken by species, location and date of the catch and such other information as the department may require for management or conservation purposes;

(6) subsistence fishing reports must be completed on forms provided by the department and submitted to the department office from which the permit was issued at a time specified by the department for each particular area and fishery;

(7) if applicable, the total annual possession limit for the permittee must be entered on each permit by the local representative of the department issuing the permit; if applicable, the local representative of the department issuing the permit shall require from an applicant documented proof of residency, income or other criteria required by regulation, or in absence of such documentation, a signed affidavit setting forth duration of residency, income, or other criteria required by regulation, to determine the applicable annual possession limit and residency of the applicant;

(8) repealed 5/31/98.

(c) If the return of catch information necessary for management and conservation purposes is required by a subsistence fishing permit, a permittee who fails to comply with such reporting requirements is ineligible to receive a subsistence permit for that activity during the following calendar year, unless the permit applicant demonstrates to the department that failure to report was due to loss in the mail, accident, sickness or other unavoidable circumstances.

(d) Repealed 4/2/88.

(e) Repealed 5/31/98.

(f) Repealed 5/31/98.

History: In effect before 1988; am 4/2/88, Register 105; am/readopt 5/15/93, Register 126; am 5/31/98, Register 146; am 2/16/2006, Register 177; am 6/26/2016, Register 218

Authority: AS 16.05.251

AS 16.05.258

Editor's note: At its February 23 - 27, 1993 meeting, the Board of Fisheries readopted 5 AAC 01.015(a) , (b)(1) - (b)(7), and (c) in their entirety without change, under ch. 1, SSSLA 1992 (the 1992 subsistence law), which repealed and reenacted AS 16.05.258 .

5 AAC 01.020. Subsistence fishing by commercial fishermen

(a) Repealed 5/15/93.

(b) No person, when participating in a commercial and a subsistence fishery at the same time, may use an amount of combined commercial and subsistence fishing gear in excess of that allowed under the appropriate commercial fishing regulations.

History: In effect before 1985; am 5/31/85, Register 94; readopt 5/15/93, Register 126

Authority: AS 16.05.251

AS 16.05.258

Editor's note: At its February 23 - 27, 1993 meeting, the Board of Fisheries readopted 5 AAC 01.020(b) in its entirety without change, under ch. 1, SSSLA 1992 (the 1992 subsistence law), which repealed and reenacted AS 16.05.258 .

5 AAC 01.021. Retention of fish taken in commercial fisheries

Repealed.

History: Eff. 5/15/93, Register 126; repealed 3/13/2004, Register 169

Editor's note: As of Register 169, April 2004, the substance of former 5 AAC 01.021 appears in 5 AAC 39.010.

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