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1984 SUBSISTENCE FINFISH FISHING

REGULATIONS

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REGULATORYPROPOSALSCHEDULEFOR WINTER BOARD MEETING

nec3mber 1984 II. Subsistence Fisheries

Westward A¥-K Bristol Bay

December 1985 lt. Subsistence Fisheries

Southeast-Yakutat Prince Willi om Sound Oooklnlet

EDITOR'S NOTE: The above schedule may be changed due to limited number of top!cs open for the February 1984 Board meeting.

5 AAC 39.999. POLICY FOR CHANGING BOARD AGENDA. The Board of Fisheries may change Its schedule for consideration of proposed regulatory changes in accordance with the following guidelines:

(1) a request fora change must state in writing the change proposed and the reason i~ should be considered out of sequence;

(2) a request must be sent to the Executive Director of the Board of Fisheries and Game before July 15, unless the board allows an exception to the deadline because of an emergency;

{3) the executive director shall attempt to .::.btain comments on the request from as many board members as he can reasonably contact; and

{4) if a majority ott he board members contact.eci approve the request, the executive director shall notify the public and the department of the agenda change.

The deadline for receipt of proposals for the 1984 meeting is September 14, 1984.

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ALASKA DEPARTMENT ~ " · ... ,\ ·.0\·

OF FISI-I AND GAME G I).

Regulations of the Alaska Board of Fisheries for Subsistence Finfish In Alaska

Bill Sheffield, Governor

ALASKA BOARD OF FISHERIES

Val Angasan Dillingham Bob Blake Cordova

Six Bonney Anchorage

Jesse Foster Quinhagak

John Garner Juneau Ron Jolin Kodiak Jerri Museth Elfin Cove

COMMISSIONEH OF FISH AND GAME Don W. Collinsworth

This published copy is for informaUonal use. Thec;e regulations are from the official regualtions In the Alaska Adrninl'3trative Code as filed with the Lieutenant Governor.

Area Page

Selected Alaska Stt;<tutes . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Policy Statement on the Subsi::>tence Utilization of Fish and Game . . . . . . . . . . . . . 7 Statewide Provisions-Finfish . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Bristol Bay Area . . • . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . 13 Aleutian Islands Area . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Alaska P~::~ninsula Area ................................•................. 17 Chignik Area ............................•...........................•. 18 Kodiak Area .....•......................•.............................. 18 Cook Inlet Area . . . . . . . . . . . . . . . . . . . . • . . . ............................•.. 20 Prince William Sound Area .............................................. 24 Yakutat Area . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . • . . . . .............. 28 Southeastern Alaska Area ............................................... 29 General Provisions .......................................•............. 32

1984 Edition

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FISHERYMANAGEMENTFIELDOFF~-----~~__,_ ____ ,.,____ __ "----~ SELECTED ALASKA STATUTES ., ,, l)

OFTHF-

ALASKADEPARTMENTOFF!SHANDGAME Title 16- Fish & Game Anchorage 344-0541 Haines 76"0-2830 Petersburg 722-3801 Bethel 543-2433 Homer 235-8191 St. Mary's 438-2410 Chignik KX085 Juneau 465-4;~50 Sand Point 383-2066 Cold Bay 532-2486 Ketchikan 225-5195 Seward '224-3017 Cordova 424-3213 King Salmon 246·,S341 Sitka 747-6688 DeltaJunction 895-4632 Kodiak 486-4791 Soldotna 262-9368 Dillingham 842-5227 Kotzebue 442-3852 Unalaska 581-1239 Fairbanks 456-4286 Nome 443·5167 Wrangell 874-3822 Glennallen 832-5520 Palmer 745-3187 Yakutat 784-3255

CHANGES TO REGULATIONS IN THIS BOOKLET

The regulations in this booklet supen:>ede all previously pubt.shed regulations governing subsistence fishing. These regulations may be changed by the Board of Fisheries at its December1984 meeting, or may be change'd by emergency regulation or emergency order before that time. Supplemenl;ary changeS· to regulations in this booklet will be av3ilable at fishery management field offices of the Department of Fish and Game.

Ftegulations for subsistence Shellfish Finfishing are pubHshed as single sheets for each management area and may be obtained at local Department of Fish and Game offices.

Subsistence finfish fishir1g regulations fort he Arctic-Yukon-Kuskokwim Region are no longer lncluded in this book. They may be found in the A-Y-K combined subsistencecommercial finfish fishing regulations book.

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LEGISLATIVE INTENT. The legislature finds that there is a need to develop a statewide policy on the utilization, development and conservation of fish and game resources, and to recognize that those resources are not inexhaustible and that preferenr.es must be established among beneficial users of the resources. The legislature further determines that lt is in the public interest to clearly establish subststence use as a priority use of Alaska's fish and game resources and to recognize the needs, customs and traditions of Alaskan residents. The legislature further finds that the beneficial use of those resources by all state residents should be ca ·efully monitored and regulated, with as much input as possib'le from the affected users, so that the viability of fish and game resources is not threabned and so that resources .are conserved in a manner consistent 1111!th the su1stalned-yield principle.

SEC. 16.05.251. REGULATIONS OF THE BOARD OF FISHERIES. (b) The Board of Fisheries shall adopt regulations in accordance with the Admin·

istrative Procedure Act (AS 44.62) permitting the taking of fish for subsistence uses unless the board determines, in accordance with the Administrative Procedure Act, that adoption of such regulations will jeopardize or Interfere with the maintenance of fish stocks on asustained-yielc! basis. Whenever it is necessary to restrict the taking of fish to assure the maintenance of fish stocks on a sustained-yield basis, or to assure the continuation of subsistence uses of such resources, subsistence use shall be the priority use. 'if further restriction Is necessary, the board shall establish restrlctinns and iirnitations on and priorities for these consumptive uses on the basis of the following criteria:

(1) customary and direct dependence upon the resource as H1e mainstay of

one's livelihood;

(2) local residency; and

(3) a\ . .-'· .• oility of alternative resources,

SEC. 13.05.800 •. PUBLIC NUISANCES, A netu seine, lantern, snare, device, contrivance, and material while in use, had and maintained for the purpose of catching, taking, killing, attracting, or decoying fish and game, contrary to law or regulation of a board or the commissioner, Js a public ,quisance and is subject to abatement.

SEC.16.05.810. BURDEN OF PROOF. The possession of fish or game or a part of fish or game, or a nest or egg of a blrclduring the time the taking of it is prohibited is prima facie evidence that it was ta!f,en, possessed, bought, or sold ortransp~rted in violation of this chapter. The burden of proof is upon the possessor or c3aimant of it to overcome the presumption of illegal possession and to establ,ish the fact that it was C\btained and

is possessed lawfully. This secHon does not apply

(1) during the first full10days after the time when a taking is prohibited, except

as provided in (3) of this section,

(2) if the fish or game or part of fish or game is in a preserved condition whether

frozen, smoked, canned, salted, pickled ':>r otherwise preserved, or

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SELECTED ALASKA STATUTES (3) with respectto crab aboard a commercial fishing vessel, during the first full

three days after the time when a taking Is prohibited.

. SEC. 16.05.831. WASTE OF SALMON. (a) It is unlawful for a person to waste salmon intentionally, knowingly, or with reckless disregard for the consequences. In this section, "waste" means the failure to utilize the majority of the carcass, excluding viscera and sex parts, of salmon which are to be

{1) sold to a commercial buyer or processor;

(2) utilized for consumption by humans or domesticated animals; or

(3) utilized for scif!ntiflc, educational, or display purposes.

(b) The commissioner may authorize other uses of salmon upon request If he finds that to do so would be consistent with maximum and wise use of the resource.

(c) A person who violates this section or a regulation adopted under it is punishable by a fine of not more than $10,000, or by imprisonment for not more than six months, or by hoth.ln addition, a person who violates this section is subject to a civil action by the <>tate for the cost of replacing the salmon wasted.

SEC. 16.05.920 CERTAIN ACTS MADE UNLAWFUL. (a) Unless permitted by this chapter or by regulation made under this chapter, it is unlaw'ful for a person to take, possess, transport, sell, offer to sell purchase, or offer to purchase fish, game or marine aquatic plants, or any part of fish, :'arne or aquatic plants, ora nest or egg of fish or game.

{b) No person may knowingly disturb, injure, or destroy a notice, signboard, seal, tag, aircraft, boat, vessel, automobile, paraphernalia, equipment, building or other improvement or property of the depa:i'tment used in the administration or enforcement of this chapter, or a poster or notice to the public concerning the provisions of this chapter, or regulation adopted under this chapter, oramark'3rindicating the bc•mdary of ar area closed to hunting, trapping, fishing or other special use under this chapter. No person may knowingly destroy, remove, tamper with, or imitate a seal or tag issued or used by the department or attached under its authority to a skin, portion, or specimen of fish or game, or other article for the purpose of identification or authentication in accordance with this chapter or a regulation adopted under this chapter.

SEC.16.05.930. EXEMPTED ACTIVITIES. {e) This chapter does not prevent the traditional barter of fish and game taken by

subsistence hunting orfishing, except that the commissioner may prohibit the barter of subsistence-taken fish and game by regulation, emergency or otherwise, if a determination on the record is made that the barter is resulting in a waste of the resource, damage to fish stocks or game populations, or circumvention of fish or game managment programs.

SEC. 16.05.940. DEFINITIONS. In this chapter (2) "commercial fisherman" means an individual who fishes commercially for,

takes, or attempts to take fish, shellfish, or other fishery resources of the state by any means, and includes every individual aboard a boat operated for fishing purposf:l; who

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SELECTED ALASKA STATUTES participates directly or indirectly in the taking of these raw fishery products, whether participation is on shares or as an employee or otherwise; however, this definition does not apply to anyone aboard a licensed vessel as a visitor or guest who does not directly or indirectly participate in the taking; and the term "commercial fisherman" includes the crews or tenders or other floating craft used in transporting fish;

(3) "commercial fishing" means the taking, fishing for, or possession of fish, shellfish, or other fishery resources with the intent of disposing of them for profit, or by sale, barter, trade, orin commercial channels; tlic failure to have a valid subsistence per· mit in possession, if required by statute or regulation, is considered prima facie evidence of commercial fishing if commercial fishing gear as specified by regulation is involved in the taking, fishing for, or possession of fish, shellfish or other fish resources;

(6) "fish" means any species of aquatic finfish, Invertebrates and amphibians, in any stage of their life cycle, found in or Introduced into the state;

(14) "resident" means a person who for 12 consecutive months has mp.: .. ltained a permanent place of abode in the state and who has contin,ually maintained his voting residence in the state; and in the case of a partnership, association, joint stock company, trust, or corporation, "resident" means one that has its main office or headquarters in the state; however, a member of the military service who has been stationed in the state for the preceding t'2 consecutive months is a resident fort he purposes of this chapter, and the dependent of a resident member of the military service who has been living in the state for the preceding year, is a residentforthe purposes of this chaoter . .lnd a person who is an alien but whoforone year has maintained a permanent place of abode il').~he state is a resident for the purpose of this chapter.

(16) "sport fishing" means the taking of or attempting to take for personal use, and not for sale or barter, any freshwater, marine, or anadromous fish by hook -emd line held in the hand, or by hook and line with the line attached to a polE •rrod which is held in the hand, or closely attended, or by other means defined by the Board of Fisheries;

(17) "subsistence fishing" means the taking, fishing for, or possession of fish, shellfish, or other fisheries resources ·forsubsistenca use with gill net, seine, fish wheel~ long line, or other means defined by the Board of Fisheries;

(18) "take" means taking, pursuing, hunting, fishing, trapping, orin any man· nerdisturbing, capturing, or killing or attempting to take, pursue, hunt, fish, trap, or in

l'l!'lY manner capture or kill fish or game;

121) "vessel" means a floating craft powered, towed, rowed, or otherwise propelled, which is used for delivering, landing, ortak~ng fish within the jurisdiction of the state, but for the purposes of AS 16.05.010-16.05.950 does not include aircraft;

(26) "subsistence uses" means the customary and traditional uses in Alaska of wild, renewable resources for direct personal or family consumption as food, shelter, fuel, clothing, tools, ortram)portation, for the making and seiFng of handicraft articles out of nonedlble by-products of fish and wildlife resources taken for personal or family consumption, and fort he customary trade, barter or sharing for personal or family consumption; fort he purposes of this paragraph, 11family" means all persons related by blood, marriage, or adoption, r-0 any person living within the household on a permanent basis;

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SELECTED ALASI<A STATUTES (27) "ba11er'' means the exchange-ortraca of fish or game, or their part!', taken

for subsistence uses

(A) for other fish or game crtheir parts; or

(B) for other food or fornonedible items other than money if the exchange is of a limited and noncommercial nature.

SEC. 16.10.070. FISH TRAPS UNLA.JVFUL ON OR OVER LAI\JDS OR WATERS

INSTATE. it is unlawful to operate fish traps, including but not limited to floating, pi~e-driven or hand· driven fish traps, in the state on or overstate lands, tidelands, submerged lands, or waters. This section does not prevent the operation of small hand-driven fish traps of the type ordinarily used on rivers of the state which are otherwise legally operated In or above 1\he

mouth of a stream or river.

SEC.16.10.125. USE OF TERMINATION DEVICES ON SHELLFISH AND BOTIOM FISH POT REQUIRED. The Board of Fisheries shall, by regulation, prescribe a termination device or devices for all shellfish and bottom fish pots. In this section ''termination device" means a biodegradable seam or panel or other device which renders the pot incapable of holding shellfish or bottom fish for more than six months when it is continuously immersed in sea

water.

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JOINT BOARD'S SUBSISTENCE POLICY

CHAPTER99. SUBSISTENCE USES.

5 AAC 99.010. JOINT BOARDS OF FISHERIES AND GAME SUBSISTENCE PRO· CEDURES. (a) In applying a subsistence priority, the Board of Fisheries and the Board of Game will provide for conservation and development of Alaska's fish and game resources according to the followiny procedures:

(1) each board wil! assess the b1ologicalstatus of fish or game resources and determine whether a surplus may be harves.ted during a regulatory year consistent with the conse.r"atlon and development of the resources on the sustained yield principii:.- and

compatibl\'3 with the public Interest;

(~) each board will Identify subsistence uses of fish and game resources, recognizing that subsistence uses are customary and traditional uses b)1 rural Alaska residents for food, shelter, fuel, clothing, tools, transportation, making of handicrafts, customary trade, barter and sharing.

(b) Customary and traditional subsistencP ., ... ~s by rural Alaska residents will be

identified by use of the following criteria:

(1) a long-term, consistent pattern of uue, excluding interruption by circumstances beyond the user's control such as regulatory prohibitions;

(2) a use pattern recurring in specific seasons of each year;

(3) a use pattern consisting of methodG and meane of harvest which are characterized by efficiency and economy of effort and cost, and conditioned by local

circumstances;

(4) the consistent harve~:;t and use of fish or game which is near, or reasonably

accessible from, the user's residence;

(5) the means of handling, preparing, preserving, and storing fish or game which has been traditionally used by past generations, but not excluding recent

t9chnologlcal advances where appropriate;

(6) a use pattern which includes tile handing down of kr,owledge of fishing or hunting skills, walues and lore from generation to generation;

(7) a use pattern in which the hunting orfishing effort or the products of that effort are distributed or shared among otheis within a definable community of persons, including customary trade, barter, sharing and gift-giving; customary trade may include limited exchanges for cash, but does not include si•,nificant commercial enterprises; a community may include specific villages or towns, with a historical preponderance of subsistence users, and encompasses individuals, families, or groups who in fact meet

the criteria described In this subsection; and

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(8) a use pattern which includes reliance for subsistence purposes upon a wide diversity of the fish and game resources of an area, and in which that pattern of subsistence uses provides substantial economic, cultuial, social, and nutritional elements of the subsistence user'$ life.

(c) After identifying subsistence uses based upon the criteria set out in (b) of this section, each board will determine the approximate amount of fish or game necessary to provide fully for reasonable opportunities to engage in these customary and traditional uses.

{d) Each boat'd will adopt regulations that provide an opportunity for the subsistence taking o1f fish or game resources in amounts sufficient to provide for the customary and traditional uses identified in (b) of this section, and cor.3istent with sound conservation and management practices. In oo instance may the subsistence taking jeopardize or interfere with the maintanance of a specific fish stockorgame population on a sustained yield basis.

(e) Each board will, in its dis.cretlon, adopt regulations that provide an opportuni· tyfor non-subsistence uses oft he resource, to the extent that the non-subsistence uses do not jeopardize or interfere with the conservation and development of fish or game resources on a~ustained yield basis, or with the opportunity for taking these resources for customary and traditional subsistence uses as provided in (d) of this section.

(f) When circumstances such as increased numbers of users, weather, prec:ation, or loss of habitat may jeopardize the sustained yieid of a fish stock or game population, each board will exercise all practicnhJ[)tions for restricting non-subsistence harvest before subsistence uses are restricted. If all available restrictions for non-subsistence uses have been implemented and' urtherrestrictions are needed, each board will reduce th1 take for subsistence uses in a series of graduated fteps, by giving maximum protection to subsistence users who

(1} live ciGls&st to the resource;

(2) have fewest avail<;~.ble alternative iesources; and

(3~ have the greatest customary and direct dependence ~pon the rf\so;:;ne.

(g) tr~ HO event, howr,.Jf.Hj will a board allow uses which will jeop(lrdize or interfere with t.tla conservation and management of fish stocl<s or game populations on a sustained yi•ald basis.

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huthority: AS 16.05.251(b) AS 16.05.255(b)'

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TITLE 5. FISH AND GAME

CHAPTER 1.

SUBSISTENCE FINFISH FISHING.

ARTICLE1.

STATEWl.DE PROVISIONS.

5 AAC 01.001. APPLICATION OF1'HIIS CHAPTER. Rer,:!laVons In th!s chapter apply to subsistence fishing for salmon, herring, bottomflsh, smelt, halibut and other types of finfish or their parts, and aquatic plants. The descriptions of legal types of gear(5 AAC 39.105), the definitions (5 AAC 39.975) and the abbraviations and symbols (5 AAC 39.997) set forth and defined inch. 39 of this title are applicable'to the regulatle>ns of thisr.hapter.

Authority; AS 16.06.251

5 AAC 01.005. SUBSISTENCE FISHING Pl::'RMITTEO. Aqua'!!,c plants and f,ilnfish 0ther than salmon may be taken for subsistence purposes a~ any ~ime In any area oHtie state by any method unless restricted by the subsistence fishing regulations in Ul,ls chapt~r. Salmon may be taken for subl.~ts~ente purpof:es or.ly as pro·.;~ct.f.jd in this chapter.

"'.Jthorit~p \S 16.05.251(a)(2), {3), (4), (1~} and (b)

5 AAC 01.010. ME!I--iODS, MEANS AND GE~~~r;\1!/ol RESTRICTIONS. (;;!.J lJ,J11e:!Js otherwise provided in this chapter, the following arei.egal typEJs ot gear for subsistence :i:>h!ng:

{1) gear specified in 5 A.AC 39.105;

{3) jigging. gear which consists of a line or lines with lures or halted hooks ~vhich are operated during periods of ice cover from holes cut In the ice and 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 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 orfencing employed for guiding fish into a fishwheel, fyk1e net or dip net.

(b} Salmon and halibut may be taken for subslst'3nce p!.!rpose only by residents.

(c) Gill nets used for subsistence fishing for salmon may not exceed 50 fathoms in length, unless otherwise spe'-1fied by the regulations in particular areas set forth in this chapter.

(d) It is unlawful to buy or seU subsistence-taken fish, their parts, or their flggs, unless·otherwise specifh~d in this chapter.

(e) Fishing for, taking or molesting ol1Y fish by any means, orfor any purpose, is pro· hibited within 300 feet of ar.y dam, fish ladder, weir, culvert or other artificial obstruction.

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STATEWiDE PROVISIONS

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

(g) Subst~;cence fishing by the use of a line attached to a rod or pole is proi'Jibited exceDt whe·; fishing through the ice In the Kotzebue-Northern, Norton Sound-Port Claren ~c. Yukon, Kuskokwim and Bristol Bay areas.

lh) Each subsistence fisherman shall plainly and legibly inscribe his first initial, last narne, ar:d address on his fishwheel, or on a keg or buoy attached to gill nets and other unattended subsistence fishing gear.

(i) All pots ussd t~ take fish must contain an opening in the webbing of aside wall of the pot which has been laced,~ ewn or secured together by untreated cotton twine·or other natural fiber no larger than 120 thread, which upon deterioration or parting of the twine produces an opening in the web with a perimeter equal to or exceeding one half of the tunnel eye opening penr,.,~ter.

(j) Persons licensed under AS43.i'5.011 to engage in a fisheries business may not receive for commercial purposes or barter or solicit to barter for subsistence taken salmon ortheirparts. Further restrictions on the bartering of subsistence taken sal men ortheirparts may be implemented by eme•rgency order fora specific time or area if circumvention of management programs~~ oacuring because of illegal bartering activities.

(k) No person may use a gill net web that contains less than 30 fil:2ments in the tak· ing of salmon for subsistence purposes.

(I) The taking of rainbow trout and steel head is prohibited. Authority: AS 16.05.060

AS 16.05.251(a)(2), (3), (4) and (b) AS 16.05.930(e)

5 AAC 01.015. SUBSISTENCE FISHING PERMITS AND REPORTS. (a) Salmon may be taken only under the authority of asubsistence fishing permit issued by the commis· sionerorhis local representative, unless a permit is specifically not required in a particularareabythesubslstence regulations in this chapter, or unless the fisherman is re· tainlng salmon from his commercial catch consistent with sec. 20 of this chapter.

(b) If a subsistence fishing permit is required by this chapter; the following permit conoltions apply unlless 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 toGa! representative cf the department prior to subslstence 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 shalt have a subsistence fishing permit in his possession;

10

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STATEWIDE PROVISIONS

(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 cornservation purposes;

(5) if specified on the permit, each subsistence fisherman shall keep accurate dally records of the catch Involved, showing the number of fish taken by species, loca· tion and date of the catch and such otherlnformatlon 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 per· mit; if applicable, the local representative of the department issuing the permit; if applicable, the loci representative of the department issu·ing the permit shall require from an applicant documented proof of residency, Income or other criteria required by regulation, or in the absence of such documentation, a srgned affidavit sett!ng forth duration of residency, income, or other criteria required by regulation, to determine the applicable annual posses~:on limit and residency of the applicant;

(8) if an applicant for a subsistence salmon fishing permit is unable to per· son ally take salmon due to physical disability, the permit may be Issued to· his authorized designee to take salmon for the applicant.

(c) If the return of catch information necessary for management and conservation ;:..urposes is required by a subsistence fishing permit, a permittee who falls to comply with· such reporting. requirements is ineligible :o rer;eive a subsistence permit for that activity during the f!ollowing calendar year, unless the permit applicant demonstrates to the department that failure to report was due to loss in the rnall, accident, sickness or other .unavoidable circumstance.

(d) Salmon taken /for subsistence use c .. under subsistence fishing regulations may not be subsequently used as bait for commercial fishing purpo~~ss.

Authority: AS 16.05.251(a)(2), (3), (4), and (b)

5 AAC 01.020. SUBSISTENCE FISHING BY COMMERCIAL FISHERMEN\. Com mer· cial fishermen may retain fish for their personal use from their lawfully taken com mer· cial catch.

Authority: AS 16.05.251(a)(2), (3), (4) and (b~

5 AAC 01.030. UNLAWFUL POSSESSION OF SUBSISTENCE FINFISH. (a) No per· son may possess, transport or place into the possession of another person, raw or un· processed subsistence taken fish or their parts which the person has taken contrary to state law or regulation.

(b) No person may possess or transport raw or unprocessed subsistence taken fish or their parts if the items have been received from a person who took, possessed or

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STATEWIDE PROVISIONS

transportet1 tthe items contrary to state law or regulation and if the person receiv:ng the items knows, has reason to know orshould have reason to know that the items were taken, possessed or transported contrary to st'ate law or regulation.

(c) No person may possess ortransport raw or unprocessed subsistence taken fish ortheirparts that the person knows were taken, possessed ot transported contrary to state law or regulation.

Authority: AlS 16.05.251(a)(4), {10) and (b)

5 AAC 01.040. PO.LICY ON CLOSURE OUE TO ILLEGAL FISHING. ~a) Some fisheries have had a documented history of illegal commercial fishing dating back to 1968. Enforcement efforts by the Department of Public Safety have been largely ineffective in controlling this recurring problem on a long-term basis. The board recognizes the difficulty of enforcement in some areas of the state and although the uurrent regulations aresruffil';ient to protect fish stocks, they may be ineffective due to special enforc\!Jment probfems.

(b) In the interest of the conservation of valuable renewable fish resour:us, the Board of Fisheries directs the commissioner, or his authorized designee, to take the following actions given the specified circumstances. If illegal fishing activities develop to the point that regulations pertaini'lg to protection of fish stocks become ineffective, the commissioner shall consider closing the affected fishery by emergency order for a period of up to one week. When the fishery re:opens, and illegal fishing continues to be· a problem, the appropriate fishery may be clo,sed for an additional period of time. Continued violations may result in additional closures of the fishery.

12

Authority: AS 16.0!5.060 AS ~6.05.251(a)(2), (7) and (b)

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BRISTOL BAY AREA

ARTICLES. BRISTOL BAY AREA.

5 AAC 01.200.10ESCRIPTION OF BRISTOL BAY AREA. The Bristol Bay area consists of all waters of Bristol Bay Including drainages enclosed by a line from Cape Newenham to Cape Menshlkof.

A•Jthority: AS 'l6.05.251(a)(2) and (b)

5 AAC 01.305. DESCRIPTION OF DISTRICTS. Districts and sections for salmon, halibut, bottomfish, and other finfish fisheries are described in 5 AAC 06.200. The districts and sections fiorherring, herring spawn on l<elp, and capelln fisheries are described in 5 AAC 27.805.

Autho1rity: AS 16.05.251

5 AAC 01.310. FISHING SEASONS AND WEEKLY FISHING PERIODS. (a) Unless restricted in this section and sec. 325 of this chapter, or unless restricted under the terms of a subsistence fishing permit, flbh may be taken at any time in the Bristol Bay area.

(b) Within any district, salmon may only be taken during open weekly commercial salmon flshh1g periods except as follows:

(1) during the period fr0m June i6 through 9:00a.m., July 17, salmon for subsistence purposes may be taken in the Nushagak district from the Department of Fish and Game regulatory marker two statute miles below Bradford Point to a marker at Red Bluff on the west shore of Wood River, only during the following periods: 9:00a.m. Monday to 9:00a.m. Tuesday, 9:00a.m. Wednesday to 9:00a.m. Thursday, ar1d 9:00a.m. Friday to 9:00a.m. Saturday.

(2) during the period from June 23 through 9:00a.m. July 17, salmon for subsistence purposes may be taken in the Naknek, Egegik and Ugashik rivers only during the following period: 9:00a.m. Tuesday to 9:00a.m. Wednesday and 9:00a.m. Saturday to 9:00a.m. Sunday.

(c) From October 1 through December31, sockeye salmon may be taken along aiOO yard length of the west shore of Naknek Lake near the outlet to the Naknek River as marked by ADF&G regulatory markers.

Editor's Note: Subsistence fishermen should check with the Natior.~al Park Service before fishing in Naknek Lake.

Authority: AS 16.05.251(a)(2), (7), (10), (12) and {b)

5 AAC 01.320. LAWFUL GEAR AND GEAR SPECIFICATIONS. (a) Within any district, salmon, herring, and capelin may only be taken by drift and set gill nets.

(b) Outside the boundaries of any district, salmon may only be taken by set gill net, except that salmon may also be taken by spear In the Togiak River excluding Its tributaries.

(c) The maximum lengths for set gill nets used to take salmon are as follows:

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(1) In the Naknek, Egegik and Ugashik Rivers, in the Nushagak district describ· ed in5AAC01.310(b)(1), and in Naknek Lake as described in 5AAC01.310(c), set gill nets

may not exceed 10 fathoms in length;

(2) in the remaining waters of the area, set gill nets may not exceed 25 fathoms

in length;

(d) No parl . et gill net may be operated within 300 feet of any part of another set gill net, excer-.. ~nat in the Nushagakdistrict from the Department of Fish and Game regulatory marker two statute miles below Bradford Pojnt to a marker at Red Bluff on the west shore of Wood River, no part of a set gill net may be operated within 100 feet of any

part of another set gill net.

(e) No set gill net may obstruct more than one-half the width of a stream.

(f) Each set gill net must be staked and buoyed.

(g) No j:)erson may operate or assist in operating subsistence salmon net gear while simultaneously oparatlng or assisting in operating commercial salmon net gear.

(h) Fish, other than salmon, herring, and capelin, may be taken by gear listed in 5 AAC 01.010(a) unless restricted under the terms of a subsistence fishing permit.

(l) Herring spawn on kelp may be taken only by hand picking and hand operated rakes.

0) During closed commercial herring fishing periods, gill nets used for the subsisten:ce taking of herring or cape lin may not exceed 25 fathoms in length.

Authority: AS 16.05.251

5 AAC 0~.325. WATERS CLOSED TO SUBSISTENCE FISHING. (a) Except for the western shore of the Newhalen River, waters used by salmon are closed to the sub· sistence taking of fish within 300 feet of a stream mouth.

(b) Gill nets area prohibited in that portion of the Naknek River upstream from Sovonaski;

(c) Subsistence fishing with nets is prohibited in the following waters and within one-fourth mile of the terminus of those waters during the period from September 1 through .June 14:

LowerTalarik Creek Roadhouse Creek Nick G. Creek. Middle Talarik Creek Alexi Creek Copper River UpperTalarik Creek Tazimina River Kakhonak River Pete Andrew Creek Young's Creek Gibralter River ZackerCreek Chekok Creek Dennis Creek Newhalen River Tomokol<. Creek Belinda Creek

{d) Waters described in 5AAC 27.850 are closed to the taking of herring and ca.pelin.

Authority: AS i6.05.251

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5 AAC 01.330. SUBSISTENCE FISHING PERMITS. (a) Salmon, trot.11 and char may only be taken under authority of a subsistence fishing permit.

(c) Only one subsistence fishing permit may be issued to each household peryec:r.

(d) Subsistence salmon fishing permtts forthe Naknek River drainage will be Issued only to those persons domiciled in the Naknek and Kvichal< River drainages. Naknek River drainage subsistence salmon fishing permits will be issued only through the depart· ment's King Salmon office.

(e) Subsistence salmon fishing permits fort he Iliamna-Lake Clark drainages will be issued only to persons domiciled In the Iliamna-Lake Clark drainages.

Authority: AS 16.05.251(a)(2), (4), (n (10), (12) and (b)

5 AAC 01.340. MARKING OF SUBSISTENCf: TAKEN SALMON. After August 20, no person may possess coho salmon for subsistence purposes in the Togiak River section and the Togiak River drainage unless t:1e head has been immediately removed from the salmon. It is unlawful to purchase or sell coho salmon from which the head has been removed.

Authority~ AS 16.05.251(a)(2), (4). (5) (7) and (b) AS 16.05.690

5 AAC 01.345. SUBSISTENCE BAG AND POSSESSION LIMITS. The total annual possession limit for a subsistence salmon fishing permit issued fort he fishery described in 5 AAC 01.310(c) is 200 sockeye salmon.

Authority: AS 16.05.251(a)(3), (7), (10) and (b)

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ALEUTIAN IS LAN OS AREA

ARTICLE7 ALEUTIAN ISLANDS AREA.

5 AAC 01.350. DESCRIPTION OF ALEUTIAN ISLANDS AREA. The Aleutian Islands area lncludes all waters of Alaska west oft he iongitude of the tip of Cape Sari chef, ea.ch of .. 7 2° E. long., and south of 54°36' No. iat.

Authority: AS 16.05.251(a)(2) and (b)

5 AAC 01.335. DESCRIPTION OF DISTRICTS. Districts are as described in 5 AAC

12.200. Authority: AS 16.05.251(a)(2) and (b)

5 AAC 01.360. FISHING SEASONS. (a) In the Unalaska district, salmon may be taken at any time except within 24 hours before and within ~2 houmfollowing each open weekly commercial salmon 1ishing period within a 50 mile radius of the area ope.1 to commercial salmon fishlng, or as may be specified on a subsistence fishing permit.

(b) In the Akutan, Umnak and Adak districts. salmon may be taken at any time.

{c) Fish other than salmon may be taken at any time unless restricted under the terms of a subsistence fishing permit.

Authority: AS 16.05.251(a)(2}, (7), (10), (12) and (b)

5 AAC 01.370. LAWFUL GEAR AND GEAR SPECIFICATIONS. (a) Salmon may be taKen by seine and gill net, or with gear specified on a subsistence fishing permit.

(b) Fish other than salmon may be taken be gear listed in sec. 10(a) of'this chapter, unless restricted under the terms of a subsistence fishing permit.

Authority! AS 16.05.251(a)(4), ,(7), (12) and (b)

5 AAC 01.375. WATERS CLOSED TO SUBSISTENCE FISHING. The waters of Unalaska t.ake(at Unalaska Village), its drainages and the outlet stre:am, and within 500 yar.:fc; of Its terminus are closed to subsistence fishing.

Authority: AS 16.05.251(a}(2), (7), (10} and (b)

5 AAC 01.380.SUBSISTENCE FISHING PERMITS. (a) Salmon, trout and char may be taken only under\he terms of a subsis;~ence fishing permit, except that a permit is not required in the Akut:an, Umnak and Adlak districts.

(b) Not more than 250 salmon may be !taken for subsistence purposes unless otherwise specified on the the subsistence fislhing permit.

(c) A record of subsistence caught fish must be kept on the reverse side of the per· mit. The record must be completed Immediately upon taking subsistence caught fish and must be relun;ed .to the local representative of the department no later than October 31.

Authority: AS 16.05.251(a)(2), (4) •. (7}, (10), {12) and (b)

16

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ALASKA PENINSULA ARE'A

ARTICLES ALASKA PENINSULA AREA.

5 AAC 01.400. DESCRIPTION OF ALASKA PENINSULA AREA. The Alaska Pen in· sui a area includes all Pacific Ocean waters of Alaska between a line extending southeast (135°) from the tip of l<upreanof Point ar.d the longitude of the tip of Cape Sari chef, and all Bering Sea waters of Alaska east of the longitude of the tip of Cape Sarichef and south of the latitude of the tip of Cape Menshikof.

Authority: AS 16.05.251(a){2) and (b)

5AAC01.410. FISHING SEASONS. (a) Salmon may betaken anytime except within 24 hours before and within 12 hours following each cpen weekly commercial salmon fishing ~eriod within a 50 mile radius of the area open to commercial salmon fishing, or as may be specified on a subsistence fishing permit.

(b) Fish other than salmon may be taken at any time unless restricted under the terms of a subsistence fishing permit.

Authority: AS 16.05.251(a)(2), (7), (10), (12) and (b}

5 .O.AC 01.420. LAWFUL GEAR AND GEAR SPECIFICATIONS. (a) Salmon may be taken by seine and gill net, or with gear specified on a subsistence fishing permit.

(b) Fish other than salmon may be taken by gear listed in sec. 10(a) of this chapter, unless restricted under the terms of a subsistence fishing permit.

(c) No set gill net may exceed 100 fathoms in length.


5 AAC 01.425. WATERS CLOSED TO SUBSISTENCE FISHING. The following waters are closed to subsistence fishing for salmon:

(1) Russell Creek and Nurse Lagoon and within 500yards outside the mouth of Nurse Lagoon;

(2) Trout Creek and within 500 yards outside its mouth;

(3) inshore of a line from the Pacific Pearl dock to Black Point, including the inlet and Humboldt Creek.

Authority· AS 16.05.251(a)(2), (7), (10) and (b)

5 AAC 01.430. SUBSISTENC.E FISHING PERMITS. (a) Salmon,1lrout and char may be taken only under the authority of a subsistence fi~Shing permit.

(b) Not more than 250 salmon may be taken for subsistence purposes unless otherwise specified on the subsistence fishing permit.

(c) A record of subsistence caught fish must be kept on the reverse side of the per· mit. The record must li>e completed immediately upon taking subsistence caught fish and must be returned to the local representative of the department no later than October 31.

Authority: AS 16.05.251(a), (2), {3), (4), (7), (10), .(12) and (b)

17

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CHIGNJK AREA

ARTICLES CHIGNIK AREA.

KODIAK AREA

5 AAC 01.450. DESCRIPTJON OF CHIGNIK AREA. The Chignik area includes all waters of Alaska on the south side of the Alaska Peninsula enclosed by 156°20'13" W. long., {the longitude of the southern entrance to lmuya Bay near Kilokak Rocks) and a

line extending southeast (135°) from the tip of Kupreanof Point. Authority: AS 16.05.251(a)(2) and (b)

5 AAC 01.460. FJSI-iiNG SEASONS. Fish may be taken at any time, except as may

be specified by the subsistence fishing permit. Authority: AS 16.05.251(a)(2) and (b)

5AAC 01.470.lAWFUL GEAR AND GEAR SPECIFICATIONS. (a) Salmon may be taken by seine and gill net, or with gear specified on a subsistence fishing permit.

(b) Fish other than salmon may be taken by gear listed in sec. 10(a) of this chapter, unless restricted under the terms of a subsistence fishing permit.


5 AAC 01.475. WATERS CLOSED TO SUBSISTENCE FISHING. Salmon may not be taken upstream from the department weir site orcounting tower in the Chignik River, in Chignik Lake. Black Lake or any tributary to these Jakes.

.Authority: AS 16.05.251(a)(2), {7), (iO) and (b)

5AAC 01.480. SUBSISTENCE FISHiNG PERMITS. (a) Salmon, trout and char may only be taken under the authority of a subsistence fishing permit.

(b) Not more than 250 salm· .• may be taken for subsistence purposes unless otherwisa specified on the subsistence fishing permit.

(c) A record of subsistev-;e caught fish must be kept on the reverse side of the permit. The record must be completed immediately upon taking subsistence caught fish and must be returned to the local representative of the department no later thail Ot::tobl';i 31.

Authority: AS 16.05.251(a)(2), (3), (4), {7), (10), (12) and (b)

ARTICLE10. KODIAK AREA.

5 AAC 01.£50. DESCRIPTION OF KODIAK AREA. The Kodiak area includes all waters of Alaska south of a line extending east from Cape Douglas {58°52' N. ht.). west of 150° W.long., north of 55°30' N.lat.; and east of the longitude of the southern entrance of lmuyaBay nearl<ilokak Rocks (156°20'13" W.long.).

Authority: AS '16.05.251(a)(2) and (b)

5 AAC 01.510. FISHING SEASONS AND WEEKLY FISHING PERIODS. (a) Salmon for subsistence purposes may be taken by seines and gill nets daily from 6:00a.m. until 9:00p.m. January 1 through December31, except that purse seine vesselb registered for salmon net fishing may not be used to take sulmo'l for subsistence purposes from June 1 through September15.

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(c) Fish other than salmon may be taken at any time unless restricted by the terms of a subsistence fishing permit.


5 AAC 01.520. LAWFUL GEAR AND GEAR SPECIFICATIONS. (a) Unless restricted bythicsection orunderthe terms of a subsistence fishing permit, fish may be taken by gear listed in sec. 10(a) of this chapter.

(b) Salmon may be taken only by gill net and seine.

(c) Halibut may be taken only by a single handheld line with nm more than two hooks attached to it.

(d) Subsistence fishermen must be physically present at the net at all times the net is being fished.

Authority: AS 16.05.251(a),(2), (4), (7), (12) and (b)

5 AAC 01.525. WATERS CLOSED TO SUBSISTENCE FISHING. The following waters are closed to the subsistence taking of salmon:

(1) all waters ot Mill Bay and all those waters bounded by a line from Spruce Cape to the northernmost point of Woody Island, then to the northernmost point of Holi· day Island, then to a point on Near Island opposite the Kodiak small boat harbor entrance and th~n to tt .e small boat harbor entrance.

'~) all freshwater systems of Little Afognak River and Portage Creek drainage in Discoverer Bay;

(4) all waters closed to commercial salmon fishing in the Barbara Cove, Chiniak Bay, Saltery Cove, Pasagshak Bay, Monashka Bay and Anton Larsen Bay as described in 5AAC 18.350, and a!! v1.aters closed to commercial salmon fishing within 100 yards of the terminus ofSelief Bay Creek and north and west of a line from the tip of Last Point to the tip of River Mouth Point in Afognak Bay;

(6) all water3 300 yards seaward of the terminus of Monks Creek. Authority: AS 16.05.251{a)(2), (7), (10) and (b)

5AAC 01.530. SUBSISTENCE FISHING PERMITS. (a) A subsistence fishing per· mit is required fortaking salmon, trout and char lor subsistence purposes. A subsistence fishing permit is required for taking herring and bottomfish for subsistence purposes during the commercial herring sac roe season from May 1 through June 30.

(b) A subsistence salmon fishing permit allows the holder to take25 salmon plus an additional25 salmon for each member of the same household whose names are listed on the permit. An additional permit may be obtained if it can be shown that more fish are needed.

(c) All subsistence fishermen shall keep a record of the number of subsistenc~ fish taken each year. The numberuf subsistence fish taken shall be recorded on the reverse side of the permit. The record must be completed Immediately upon landing

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subsistence caught fish and must be returned to the local representative of the department by February 1 of the year following the year the permit was issued.

Authority: AS 16.05.251(a){2}, {3), (4), (7), (10), {12} and (b)

5AAC01.545.SUBSISTENCEBAGAND POSSESSION LIMITS. The daily bag and possession limit for halibut is two. No person may po:..sess sport taken and subsistence taken halibut on the same day.


ARTICLE11. COOK INLET AREA

5 AAC 01.550. DESCRIPTION OF THE COOK INLET AREA. The Cook Inlet area inetudes all waters of Alaska enclosed by aline extending east from Cape Douglas (58°52' N.lat.) and a .line extending south from Cape Fairfield (148°40' W.long.).

Authority: AS 1E\.05.251(a)(2) and (b)

5 AAC 01.555. DESCRIPTION OF DISTRICT AND SUBDISTRICTS. (a) Districts and subdistricts are as described in 5 AAC21.200.

(b) ln add!tior to {a) of this section, the Tyonek subdistrict includes those waters of the Northern district within mean lower low tide from a point one mile south of the southern edge of the Chultna River south to the easternmost tip of Granite Point.

Authority: AS 16.05.251(a}(2) and (b)

5AAC01.5.60.FISHJNGSEASONSANDWEEKLYFISHING PERIODS. (a) Unless restricted in this section and sec. 575 of this chapter, or unless restricted under the terms of a subsistence fishing permit, fish may be taken at any time in the Cook Inlet area.

(b} Salmon may be taken for subsistence purposes only as follows:

(1) in the Tyonek subdistrict;

(A) from May 15 throu Jh June 15 from 4:00a.m to 8:00p.m. on Tuesdays, Thursdays and Fridays;

Saturdays; (8} from June 16 through October 15 from 6:00 a.m. to 6:00 p.m. on

(C) the season described in (a) of this paragraph shall close by emergency order when 4,200 king sa'llon have been tar<en;

(D) the season described in (B) of this paragraph shall not open until July 1 if 4,200 king salmon are taken before June 16.

(3} in the Port Graham subdistrict;

{A} from May 10 through June 15, and from August 16 through September 30, from 6:00am. Monday until6:00 a.m. Wednesday, and from 6:00a.m. Thursday, until 6:00a.m. Saturday;

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COOK INLET AREA

{d) Smelt may be taken only:

(1) in saltwater from April1 through May 31;

(2) in that portion uf the Kenai River from its mouth upstream to the Soldotna bridge from April1 through May 31.

(f) in the saltwater areas o'f the Northern and Central districts, herring may only be taken from April1 through May 31.

(g) In that portion of the Kenai Riverfrom its mouth upstream to the Kenai bridge, herring may only be taken from April1 through May 31.

(i) Trout, grayling, char and burbot may not be taken for subsistence purposes in freshwater.

Authority: AS 16.05.060 AS 16.05.251

5 AAC 01.570. LAWFUL GEAR AND GEAR SPECIFICATIONS. (a) Unless restricted in this section, sec. 575 of this chapter, or under the terms of a subsistence fishlnp permit, fish may be take11 by gear listed in sec. 10(a) of this chapter.

(b) Salmon may be taken only as follows:

(1) in the Tyonke subdistrict by set gill nets not exceeding 10 fathoms in length, six inches in mesh size and 45 meshes in depth;

(2) in the Port Graham subdistrict hy set gill nets not exceeding 35fathoms in length, six inches in mesh size and 45 me~t ~sin depth;

(3) no part of a set gill net may be • &tor operated within 600 feet of any part of another set gill net

(c) No person may operate or assist In the operation of subsistence salmon net gear on the same day that person operates C'r assists in the operation of commercial salmon gear.

(d) In the Northern and Central districts, subsistence fishermen holding a subsistence permit must be physically present at the net at all times while the net is being fished.

(e) Bottom fish may be taken by legal gear for commercial bottomfish in the area.

(f) In the taking of smelt:

(1) the mesh size of all nets may not exceed two inches and no gill net may ex· ceed 50 feet in length except ln the Kenai River no gill net may exceed 20 feet in length;

21

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{2) dip nets may not be used in waters of the Kenai Peninsula;

{3) subsistence ftshermen taking smelt in the Kenai River must be physically present at the net at all times the ne~ is being fished.

{g) ln the taking of herring:

(1) the mesh size of gill nets may not exceed two inches and no gill net may exceed 50 feet in length:

(2} subsistence fishermen taking herring in the Kenai River must be physically present at the net at all times the net is being fished.

(h) Halibut may be taken only be a single handheld line with not more than two hooks attached to it.

Authority: AS 16.05.251(a}{2), (4), (7), (12) and (b)

5 AAC 01.575. WATERS CLOSED TO SUBSISTENCE FISHING. (a) The taking of salmon is prohibited in the following waters:

(1) ln those waters described in 5 AAC 39.290;

(2} all waters of the Northern district not part of the Tyonek subdistrict;

(3} the Seldovia Bay, Esarbara Creek. Tutka Bay, H umfJy Creek and Northshore subdistricts of the Southern di-strict;

{4! the Central. Kamishak Bay, Barren Island, Outer and Eastern districts.

(b) The taking ot herring and smelt is prohibited in the Central district east of 152° W.long. and south of the latitude of Ninilchik.


5 AAC 01.580. SUBSISTENCE FISHING PERMITS. (a) Only one subsistence salmon fishing permit may be issued to each household per year.

(1) subsistence se>lmol" rishing permits for the Tyonek subdistrict will be issued only to those persons domiciled in the village of:yonek;

(2) subsistence salmon fishing permits forthe Port Graham subdistrie;t will be issued only to those persons domiciled in the villages of Port Graham and English Bay.

(b) Smelt may be taken only under the authority of a subsistence fivhing permit, except that a permit is not required for smelt fishing in the Kenai River.

{c) Freshwater species other than trout, grayling, char and burbot may be taken only in freshwater under the authot ;ty of a subsistence fishIng permit.

Authority: AS 16.05.251(a)(2), (3), (4), (7), (10), (12) and (b)

22

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5AAC01.590. MARKING OF SUBSi :lTENCETAKEN SALMON. (a) No person may possess salmon taken under the authority of a subsistence trshing permit unless both lobes of the caudal fin (tail) have been immediately removed from the salmon.

(b) It Is unlawful to purchase or sell salmon from which both lobes of the caudal fin (tail) have been removed.

Authority: AS 16.05.251(a)(2), (4), (5), (7) and (b)

5 AAC 01.595. SUBSISTENCE BAG AND POSSESSION LIMITS. (a) The total annual possession limit for each subsistence salmon permit is as follows:

(1) there is no total annual possession limit for holders of Port Graham subdistrict sub;;i::;tence salmon fishing permits; subsistence salmon catches must be recorded on forms provided by the department;

(2) 25 salmon for the head of household and 10 salmon for each dependent of the permit holder.

(3) in addition to the limits in (2) of this subsection; the holder of a Tyonek subdistrict subsistence salmon fishing permit may take 70 king salmon; no more than 4,200 king salmon may be taken in the Tyonek subdistrict during the period May 15 through June 30 .

(b) The daily bag and possession limit for halibut is two. No person may possess sport taken and sbusistence taken halibut on the same day.

Authority: AS 16.05.060 AS 16.05.251(a)(3),(7},

(10) and (b)

5 AAC 01.597. CHARACTERISTICS OF SUBSISTENCE FISHERIES. (a) The Board of Fisheries finds that certain customary and traditional practices and procedures associated with the utilization of fish in the Cook Inlet Area can be used to identify subsistence uses. Based on testimony to the board, the following characteristics are those that should be evaluated in the identification of subsistence fisheries:

(1) a long-term, stable, reliable pattern of use and dependency, excluding in· terruption generated by outside circumstances, e.g., regulatory action or fluctuations in resource abundance;

(2) a use pattern established by an identified community, subcommunity or group having preponderant concentrations of persons showing past use;

(3) a use pattern associated with specific stocks and seasons;

(4) a use based on the most efficient and productive gear and economlc:tl use of time, energy and money;

(!i) a use pattern occurring in reasonable geographic proximity to the primary residence of the community, group or individual;

23

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(6} a use pattern occurring inlocations with easiest and mos' direct access to the resources:

(7) a use pattl3rn which includes a history of traditional modes of handling, preparing and storing the product without precluding recent technological advances;

(8) a use pattern which Includes the intergeneratlonal transmission of ac· tivities and skills;

(9) a use pattern in which the eifort and products are distributed on a community and family basis including trade, bartering, sharing and gift-giving; and

(10} a use pattern which include·s reliance on subsistence taking of a range of wild resou;ces in proximity to the community or primary residency.

(b) The board will identify established geographic ~ommunities which may be participating in a subsistence system. The board will tben ap: 1 all of the characteristics in (a} of this section to the communities and subcommunities, groups and individuals within the communiti;s to determine V.'hich uses are customary and traditional and therefore, which communities are eiigible for the subsistence priority.

(cj For purposes o'fthis section, a community is generally considered to be several households of full-time residents who all reside in a specific geographic area because of common interests.

Authority~ AS 16.05.251(b)

PRINCE WilLIAM SOUND AREA ARTlCLE12.

PRINCEWJL'LIAM SOUND AREA.

5 AAC 01.600. DESCRIPTION OF THE PRINCE WILLIAM SOUND AREA. The Prince William Sound area includes all waters of Alaska between the longitude of Cape Fairfield and the longitude of Gape Suckling.


5AAC01.605. DESCRIPTION OF DISTRICTSANDSUBDISTRICTS. The Upper Cop· per River district consists of all watBrs of the main Copper Riverfrom the confluence of the Slana River downstream to an east-west line crossing the Copper River at the confluence of the unnamed stream loca.ted approximately 1-1/4 mile below the U.S.G.S. gauging cable across the Copper River, as designated by ADF&G regulatory markers;

(1) the Chitina subdistrict consists of atr waters of the main Copper River from the downstream edge of the Chitina-McCarthy Road Bridge downstream to an east-west line crossing the Copper River at the confluence of the unnamed stream located approximately 1·1/4mile below the U.S.G.S. gauging cable across the Copper River, as designated bytheADF&G regulatory markers;

(2) the Glennallen subdistrict consists of all waters of the main Copper R1ver from the confluence of the Slana River downstream to the downstream edge of the Ct1itina-McCarthy Road Bridge.

Authority: AS 16.05.251(a)(2) and \b)

24

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PRINCE WILLIAM SOUND AREA

5 AAC 01.610. FISHING SEASONS. (a) Unless restricted In this section and sec. 625 of this chapter, or unless restricted under the terms of a subsistence fishing permit, fish may be taken at any time in the Prince William Sound area.

(b) Salmon may be taken In the Upper Copper River District only as follows:

(1) in the Glennallen Subdistrict, from June 1 through September 30;

(2) In the Chitina Subdistrict only when that subdistrict is open to personal use salmon fishing;

(3) when the Copper River subsistence fishery is closed or restricted because of an inadequate escapement of sockeye or chinook salmon, the fishery rna~· ~--c reopened September1 for the taking of coho salmon, which constitute the majority of the salmon at that time.

(d) Herring spawn on kelp may be taken only during the open commercial herring spawn on kelp season.

Authority: AS 16.05.060 AS 16.05.251

5 AAC 01.620 LAWFUL GEAR AND GEAR SPECIFICATIONS. (a) Fish may be taken by gear listed in sec. 10(a) of this chapter unless restricted in this section Ol under the terms of a subsistence fishing permit.

(b) Salmon may be taken only by the following types of gear:

(1) in the Glennallen Subdistrict by flshwheels or dip nets;

(2) in the Chitina Subdistrict by dip nets when the personal use salmon fishery is open in that subdistrict;

(3) in salt water by gill nets and seines.

(c) Fishwheels used for subsistence fishing may not be rented, leased, or otherwise used for personal gain. Subsistence fishwheels must be removed from the water at the end of the permit period. Each permittee may operate only one fishwheel at any one time. No perso111 may set or operate a fishwheet within 75 feet of another tishwheel. No fishwheel may have more than two baskets.

(d) Halibut may be taken only by a single hand-held lime with not more than two hooks atta~"'ed to it.

(e) The permit holdar(permittee) must perso .• ~!ly operate the fishwheel or dip net. A subsistencefishwheel or dip net permit may not be loaned ortranferred except as per· mitted under sec. 15(8) of this chapter.

(f) Herring spawn on kelp may be taken only by a hand-held unpow(~red blade·

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cuttingde'vice. Kelp plant blades must be cut at least four inches above the stipe (stem), The provisions of this subsection do not apply to Fucu~ species.

(g) A wood or metal plate aU east 12 inches high by12 inches wide, bearii1g the perm!t holder's name and address in letters and numerals at least one inch high, must be attached to each fishwheel so that the name and address are plainly visiblE'!.


5 AAC 01.625. WATERS CLOSED TOSUBC\ISTENCE FISHING. (a) All tributaries of the Goppe>r River and the main Copper River upstream of the Slana River confluence and downstream of an east-west line crossing the Copper River at the confluence of the unnamed stream located approximately 1-1/4 mile below the U.S.G.S. gauging cable across the Copper River as designated by ADF&G regulatory markers are closed to the taking of salmon.

{b) Crosswind Lake is closed to all subsistence fishing.

(c) Salmon may not be taken in any are::t closed to commercial salmon fishing unless permitted in sec. 610-645 of this chapter.

(d) Salmon may not be taken in the Chitina Subdistrict when the personal ~;se salmon fishery in that district is closed.


5AAC 01.630SUBSISIENCE FISHtNG PERMITS. (a) Except as provided in this section, fish other than salmon and freshwaterfish species may be taken for subsistence purposes without a subsistence fishing permit.

(b) Salmon and freshwater fish species may be taken only under the authority of a subsistence fishing permit.

(c) No commercial fisherman may hold a subsistence fishing permit during the commercia! ... almon net fishing season in salmon net registration area E.

(dJ Only one subsistence fishing permit will be issued to each household per year.

(e} Subsistence salmon fishing permits for the UpperCopperRiver District will be issued only to those persons domiciled in Game Management Units 11, 13-A, 13-B, 13-C, and 13-D as described in 5 AAC90.010, in the Jacksina River drainage to its confluence with the Nabesna River, and in the communities ofTetlin, Northway, Dot Lake, Tanacross, and Tok. The following apply to Upper Copper River District subsistence salmon fishing permits:

(1) only one type of gear may be specified on a permit;

(2) only one permit per year may be issued to a household;

{3) permits must be returned to the department no later th ln October 31, or a permit for the following year may be denied as provided in 5 AAC 01.115(c);

26

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PRg\JCE WILLIAM SOUND AREA

(4) during closed fishing periods, the department's Chitina permit Issuing sta· tlon may be closed or operated at reduced hours to reduce manpower costs.

(f) Subsistence salmonfishing permits will be Issued for the Upper Copper River District. The total annual pm~session limit for an Upper Copper River District subsistence salmon fishing permit is as follows:

t1) 30 salmon fora household with one person;

(2) 60 salmon for a nousehold with two persons;

(3} 10 salm('n for each additional person in a household over those specified in (2) of this subsection;

(4} upon request, permits for additional salmon will be issued with the followIng limits:

(A) no more than a total of200 salmon fora permit issued to a household with one person;

(B) no more than a total of 500 salmon for a permit issued to a household wlth two or more persons.

Authority: AS 1fi.05.251

5 AAC 01.640. MARKING OF SUBSISTENCE TAKEN SALMON. No person may possess salmcm taken under the authority of an Upper Copper River District subsistenc~ fishing permit unless the dorsal fin has been immediately removed from the salmon.


5 AAC 01.645. SUBSISTENCE BAG AND POSSESSION LIMITS. (a) Possession limits for salmon in the Upper Copper River District are described In< 5 AAC 01.630(f).

(b) In locations open to commercial salmon fishing and In conformance with com· mercia! salmon fishing regulations, the annual subsistence salmon limit is as follows:

(1) 15 salmon for a household of one person;

(2) 30 salmon for a household of two person:::;

(3) 10 salmon for each additional person in a household over those specified in (2) of this subsection:

(4) no more than five kihg salmon may be taken per permit.

(c) The daily bag and possession limit for halibut is two. No person may possess aport taken and subsistence ta!,en halibut on the same day.


5 AAC 01.647. COPPER RIVER SUBSISTENCE SALMON MANAGEMENT PLAN. (a) The purpose of this plan is to ensure that adequate escapement of salmon

27

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in the Copper Riversystem occurs and that subsistence needs, as described under AS 16.05.251 and 5 AAC 99.010, are met.

(b) The following are directives pertaining to the management of Copper River System salmon:

(1) this policy governs only those salmon which pass the department sonar counters located at the Million Dollar Bridge;

(2) the department will manage the Copper River commercial salmon fishery to attain a total escapement into the Copper River of 411,000 salmon to ensure that an adequate escapement reaches the spawning grounds and to provide for hatchery brood stock, and for subsistence, personal use, and sport fisheries.


ARTICLE13. YAKUTAT ARi;;A.

5 AAC01.650. DESCRIPTION OF THE YAKUTAT AREA. The Yakutat area includes all waters of Alaska between the longitude of Cape Suckling and the longitude of Cape Fairweather.


5 AAC 01.660. FISHING SEASONS. (a) Unless restricted in this section and sec. 675 of this chaptelj or unless restricted under the terms of a subsistence fishing permit, fish may be taken at any time in the Yakutat area.

(b) Salmon may not be taken during the period commencing 48 hours before an opening until 48 hours after tha closure of an op:m commercial salmon net fishing season. This applies to each :tver or bay fishery Individually.


5 AAC 01.670. LAWFUL GEAR AND GEAR SPECIFICATIONS. (a) Fish may be taken by gear listed in sec. 10(a) of this chapter, unless restricted in this section or under the terms of a subsistence fishing permit

(b) Halibut may be taken only by a single hand held line with not more than two hooks attached to it.


5AAC01.680.SUBSISTENCEFISHING PERMITS. Salmon, trout and char may be taken only under authority of a subsistence fishing permit.


5 AAC 01.690. MARKING OF SUBSISTENCE TAKEN SALMON. Subsistence fishermen must remove the dorsal fir. from subsistence caught salmon when taken.

Authority: AS 16.05.251(a)(2), (4/, (5), (7) and (b)

28

YAKUTAT AREA SOUTHEASTERN ALASKA AREA

5 AAC 01.695. SUBSISTENCE BAG AND POSSESSION LIMITS. The daily bag limit for halibut is two. No person may possess sport taken and subsistence taken halibut on the same day.

Authoritw: AS t6.05.251(a)(3), (7}, (10) and (b)

ARTICLE14. SOUTHEASTERN ALASKA AREA.

5 AAC 01.700. DESCRIPTION OF THE SOUTHEASTERN ALASKA AREA. The Southeastern Alaska area includes all waters between a line projecting southwest from the westernmost tip of Cape Fairweather and Dixon Entrance.


5 AAC01.705. DESCRIPTION OF DISTRICTS AND SECTIONS. Districts and sec· tions are as desoribed In 5 AAC 33.200.


5 AAC 01.710. FISHING SEASONS. (a) Unless restricted inthis section, 5 AAC 01.725, or under the terms of a subsistence fishing permit, fish may be taken In the Southeastern Ala~ka area at any time.

(c) Herringjllay be taken at any time except that vessels licensed as commercial fishing vessels may not be used to take herring for personal use in any district that is open for commercial herring fishing for 72 hours before, during and 72 hours after any open commercial herring fishing period for~hat district when the vessel has aboard it any per· son holding a Southeastem Alaska area winter bait herring or herring sac roe interim· use or entry permit.

(d) Coho salmon may be taken from Salt Lake and Mitchell Bay from August 1 through October 31.


5AAC0~.720. LAWFUL GEAR AND GEAR SPECIFICATIONS. Fish mavbetaken by gear listed in 5 AAC 01.0i0(a) .except as may be restricted under the terms of a sub· sistence fishing permit and except as follows:

(1) in district 13, Redoubt Bay, gill net or seine gear may not be used to take salmon in any waters of the bay closed to commercial salmon fishing;

(2) set gill nets may not be used to take salmon except in ttte mainstream and side channels, but not the tributaries, of the Chilkat River from the latitude of Zimovla Point to one mile upstream of Wells Bridge;

(3) halibut may be taken onfv by a single handheld fine with not more than two hooks attached to it;

(4) beach seines and gaffs only may be used to take coho salmon during the season and in the area described in 5AAC 01.710(d).


29

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5 AAC 01.725. WATERS CLOSED TO SUBSISTENCE FISHiNG. The following waters are closed to subsistence salmon fishing:

(1) district 1:

(B) Mahoney Creek in George Inlet;

(C) Naha Bay: Roosevelt Lagoon and within one statute mile of the falls at the outlet of Roosevelt Lagoon;

(2) in district 11:

(C) the Taku River drainage;

(3) in district 15, Lynn Canal including Chilkat, Chilkoot and Lutak inlets, during the closed period of the commercial salmon net fishery in the district.


5 AAC 01.730. SUBSISTENCE FISHING PERMITS. (a) Salmon, trout, char and herring spawn on kelp may be taken only under authority of a subsistence fishing permit.

{b) Permits will not be issued for taking king or coho salmon, except for king1and cohos;:!lmon in the Chilkat Riveradjacent to Klukwan and for coho salmon as provi:ded in 5AAC 01.710(d).

(c) In the Chilka! River north of the latitude of Zimovia Point, the subsis:tence fishing permit holder shall be physically present at the net while it is fishing.

(d) Subsistence salmon fishing permits forthefishery priovided for in 5AAC01.710(d) will be issued only to those persons domiciled in J.tl.ngoon and only one permit will be issued forahousenold. The number of coho salmon that may be taken on a permit wi'll be specified by the department after it has assessed the level of effort that will be involved in that fishery.

(e) The department shall adhere to the following when issuing subsistence saimon fishing permits:

(1) fishing effort must be allowed in places and during times when resource abundance will allow a harvest without jeopardizing the sustained yield of the stock and in amannerwhlch provides foran orderly fishery;

(2) any gear must be allowed which is efficient and economical in light of local circumstances and which provides for an orderly harvest without waste of the resource;

(3) there is no annual possession limit for individuals; additional permits may be issued to a permit holder if harvestable surpluses are available;

(4) permits may be issued specifying times, areas, species and numbers of fish that may be taken.

30

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(f) When a permit is denied under the guidelines in (e) ofthis section, the commis· slonerorhis designee shall determine if the requested use is a subsistence use by applying the Joint Boards of Fisheries and Game criteria for the Identification of subsistence uses. The commissioner or his designee shall issue the permit if he determines that the request is for a subsistence use and the sustained yield,of the stock will not be jeopardized.

Authority: AS 16.05.251(a)(2), (7), (12), and (b)

5 AAC 01.740. MARKING OF SUBSISTENCE TAKEN SALMON. Subsistence fishermen shall immediately remove the dorsal fin of all salmon when taken.


5AAC 01.745. SUBSISTENCE BAG AND POSSESSION LIMITS. The daily bag and possession limit for halibut is two. No person may possess sport taken and subsistence taken halibut on the same day.


5 AAC 01.747. SUBSISTENCE FISHING POLICY FOR THE JUNEAU, PETERSBURG, WRANGELL, SITKA AND KETCHIKAN ROAD SYSTEMS. (a) Salmon streams flowing across or adjacent to the road systems of Jluneau, Petersburg, Wrangell, Sitka and Ketchikan support only limited runs of salmotil. Harvestable numbers of salmon in excess to the spawning escapement needs for those streams are normally of such a small magnitude that these numbers alone are! not sufficient to support the consumptive demands of those communities. Theref~>r:e, permits allowing the use of nets shall not be issued for streams ;along the road systrems of those!communities.

Authority: AS 16.05.251(a)(2), (3), (4), (7), (12) and (b)

31

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SELECTED GENERAL PROVISIONS

5AAC39.002. LIABILITY FOR VIOLATIONS. Unless otherwise provided In 5AAC 01- 5 AAC 41 or in Title 16, AlaskaS:tatutes, a person who violates a provision of 5 AAC 01- 5AAC41 is strictly liable for the offense, regardless of his Intent.


5 AAC 39.105. TYPES OF LEGAL GEAR. (a) All gear shall be operated In a manner conforming to its basic design.

(b) The size of meshes of a gill net shall be substantially consistent.

(c) All references to mesh size in the regulations are considered to be "stretched measure:'

(d) Unless otherwise provided in chs. 1-39 of this title, the following are legal types of gear:

(1) a gill net is a net primarily designed to catch fish by entanglement in the mesh and consisting of a single sheet of webbing hung between cork line and lead line, and fished from the surface of the water;

(2) a set gill net is a gill net that has been intentionally set, staked, ancho;ed or otherwise fixed;

(3) a drift gill net is a drifting gill net that has not been Intentionally staked, anchored or otherwise fixed;

(4) a purse seine is a floating net designed to surround fish and which can be closed at the bottom by means of a free-running line through one or more rings attached to the lead Jine;

(5) a hand purse seine is a floating net designed to surround fish and which can be closed atthe bottom by pursing the lead line; pursing may only be done by hand power and a free-running line through one or more rings attached to the lead line is not allowed:

(6) a beach seine is a floating net designed to surround f1sh which Is set from and hauled to the beach;

(7} power gurdy troll gear consists of a line or lines with lures or baited hooks which are drawn through the water by a gurdy;

(8} hand troll gear consists of a line or lines wi.th lures or baited hooks which are drawn through the water from a vessel by hand trolling, strip fishing or other types of trolling, and which are retrieved by hand power or hand powered crank and not by any type of electrical, hydraulic, mechanical or other devit:e or attachment;

(9) a fishwheel is a fixed, rotating device for catching fish which is driven by river current or other means of power,

32

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(10) a trawl Is a bag-shaped nat towed through the water to capture fish or shellfish;

(A) a beam trawl is a trawl with a fixed net opening utilizing a wood or metal beam;

(B) an otter trawl is a trawl with a net opening controlled by devices commonly called otter doors;

(11) a pot is a portable structure designed and constructed to capture andretain fish and shellfish alive in the water;

frame; (12) a ring net is a bag-shaped net suspended from a circular or rectangular

(13) a long line is a stationary buoyed or anchored line or a floating, free drifting line with lures or baited hooks attached;

(14) a shovel is a hand-operated implement for digging clams or cockles;

(15) a mechanical clam digger is a mechanical device used or capable of being used for the taking of clams;

(16) a scallop dredge is a dredge-like device designed specifically for and capable of taking scallops by being towed along the ocean floor;

(17) a fyke net is a fixed, funneling (fyke) device used to entrap fish;

(18) a lead is a length of net employed for guiding fish into a seine;

(19) an anchor is a device used to hold a salmon fishing vessel or net in a fixed position relative to the beach; this includes using part of the seine or lead, s ship's anchor or being secured to another vessel or net that is anchored;

(20) a herring pound Is an enclosure used primarily to retain herring alive over extendea periods of time;

(21) diving gear is any type of hard hat or skin diving equipment;

(22) a hydraulic clam digger Is a device using water or a combination of air and water to remove clams from their environment;

(23) a grappling hook is a hooked device with flukes or claws and attached to a line and operated by hand;

(24) a dip net is a bag-shaped net suspended from a frame, which may not exceed five feet in diameter, the frame is attached to a single handle and is operated by hand;

(25) a mechanical jigging machine is a mechanical device with line and hooks used to jig for halibut and bottomfish and does not include hand gurdies or rods with reels;

33

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(26) an abalone iron rs a flat devi1ce used for taking abalone and which is more than 1 inch (25 mm) in width an;d less than 24 inches (61 em) in ~ength and with all prying edges rounded and smooth.


5AAC39.975. DEFINlTIONS. In 5AAC 01-5AAC 39

(2) "bag limit" means the maximum legal take per person per day, even if part or all of the fish are preserved;

(4) "deJ:tth of net" means the perpendicular distance between cork hne and lead line expressed as either linear units of measure or as a number of meshes, including all of the web of which the net !s composed;

(6) "gear" means any type of fishing apparatus;

(7) ''inclusive season '::lates'' means whenever the doing of an act between certain dates or from one date to another is allowed or prohibited, the period of time thereby indicated includes both dates specified; the first date specified designates the first day of the period, and the second date specified designates the fast day of the period;

(8) "legal limit of fishing gear" means the maximum aggregate of a single type of fishing gear permitted to be used by one inolividuaf or boat, or combination of boats in any particular regufatoiy a;ea, district or section;

(9) "local representative of the department" means the nearest, most accessible professional employee of the department, a person designated by the commissioneror by a profassiona! employee af the department to perform a specific function for the department and a Jaw enforcement ofricer of the Department of Public Safety;

(10) "Salmon stream" means any stream used by salmon for spawning orfortraveling to a spawning area;

{11) "stretched measure" means the average length of any series of consecutive meshes measured from inside the first knot and including the last knot when wet after use, the 10 meshes, when being measured, shall be an integral part of the net, as hung, and measured perpendicular to the selvages; measurements shall be made by means of a metal tape measure while the 10 meshes being measured are suspended vertically from a single peg or nail, under the five-pound weight, dXcept as otherwise provided in this title;

(13) "waters of Alaska" means the ii'lternal waters of the state including rivers, streams, lakes and ponds, tr.e tidal zone of the state from mean higher high water to mean lower low water, and those waters extending three miles seaward of a line (the baseline) between the following points:

Editor's Note: A point by point definition of the baseline is printed in a separate book available at local offices of ADF&G.

34

SELECTED GENERAl PROVISIONS

(14) "salmon stream terminus" means a line drawn between the seaward extremities of ::he exposed tideland banks of any salmon stream at mean lower low water;

(17) "l<ing crab" means any or all of the following species:

(A) Paralithodes camtschatica (red king crab);

(B) Paralithodes platypus (blue k1 !lg crab);

(C) Lithodes couesl;

(D) Lithodes aequispina (brown king crab);

(18) "tanner crab" or"snow crab" means all speciesofthegenusChionoecetes;

(19) "dungeness crab" means the species Cancer magister;

(20) ''household" means a person or persons having the same residence;

(21) "bottomfish" means any marine finfish except halibut, osmerids, herring and salmonids;

(:22) "to operate fishing gear" means:

(A) the deployment of gear in the waters of Alaska;

(B) the removal of gear from the waters of Alaska;

(C) the removal of fish or shellfish from the gear during an open season or period; or

(D) possession of agill net containing fish during an open fishing period;

(23) "possession limit" means the maximum number of fish a person may have in his possession if the fish have not been canned, salted, frozen, smoked, dried or otherwise preserved so as to be fit for human consumption after a 15-day period;

(24) "hung measure" means the maximum leNgth of the cork line when measured wet or dry with traction applied at one end only;

(25) "drainage" means all of the waters comprising a watershed including tributary rivers, streams, sloughs, ponds and lakes which contribute to the supply of the watershed;

(26) "freshwater of streams and rivers" means freshwater is to be separated from saltwater at the mouth of streams and rivers by a line drawn between the seaward extremities of the exposed tideland banks at the present stage of the tide;

(28) "peace officer of the state" means a person definecl in AS 16.05.150;

35

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t29) "processing" means completion of:

{A) cooking;

(B) canning;

(C) smoking;

lDJ salting, which means uniformly mixing with a minimum salting level o• at least 20°o or the weight of the fish resources;

{E:) drying, or

(F) freezing, which means to congeal and solidify the flesh of fish by abstraction of heat;

{30) "domicile" means the location of a person's primary residence; evidence o~ domicile may include, but is not limited to, the following:

(A) statements made to obtain a license to drive, hunt, fish, or engage in a~ acttvHy regulated by a government entity;

{Bl affidavit of the person, or of other persons who may know of that perSOil's domicile;

{C) place of voter registration;

(D) location of residences owned, rented, or leased;

(E} location of storage of household goods;

{F) location of business owned or operated;

{G) residence of spouse and minor children or dependents;

(H) government to which taxes are paid; and

(I) whether the person has claimed residence in another location for the purpose of obtaining benefits provided by the government of that location.

Authority: AS 16.05.251 AS 16.05.940

5AAC 39.997.ABBREVIATIONS ANDSYMBOLS.(a) The abbreviations am. and p.m. mtticate antemeridian and postmeridian respectively for either Standard Time or Daylight Savmg Time in conformance with the official time in use for Alaska.

lb; The symbols ". ', ''• indicate degrees, minutes and seconds, respectively, of fc.ngitude or latitude, based on the North American datum of 1927.

36

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(c) Lat. and long. indicate latitude and longitude, respectively.

(d) E. indicates east, N. indicates north, W. indicates west, and S. indicates south. All bearings and directions shall be construed to be true bearings and true directions.

(e) ADF&G is the abbreviation for Alaska Department of Fish and Game.

(f) CFEC is the abbreviation for the Commercial Fisheries Entry Commission. Authority: AS 16.05.251(a)

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