Current through August 30, 2024
(a) Fish may be
taken by gear listed in
5
AAC 01.010(a) unless restricted in
this section or 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 fish wheels or dip nets;
(2) repealed 4/30/91;
(3) in salt water by a gillnet or seine, in a
district as specified in
5
AAC 24.330, and as follows:
(A) by a gillnet as described in
5
AAC 01.010(c);
(B) by a seine that is not longer than 50
fathoms in length and 100 meshes in depth with a maximum mesh size of four
inches;
(4) repealed
6/12/2003;
(5) notwithstanding
other provisions of this chapter, by gillnet gear as specified in
5
AAC 01.010(c) for the area that is
closed to commercial fishing as described in
5
AAC 01.645(b).
(c) Fish wheels used for subsistence fishing
may be operated only as follows:
(1) the
owner of a fish wheel shall register that fish wheel with the department; the
department shall issue a registration number for the fish wheel; that
registration number, and either the owner's name and address or the owner's
permanent identification number from a valid Alaska driver's license or a state
identification card, must be permanently affixed and plainly visible on the
fish wheel on a wood, metal, or plastic plate that is at least 12 inches high
by 12 inches wide, in letters and numerals at least one inch high, when the
fish wheel is in the water; only the registration number from the current year
may be affixed to the fish wheel; any other registration number must be removed
from the fish wheel;
(2) the owner
of a fish wheel registered under (1) of this subsection is responsible for the
fish wheel when the fish wheel is in the water;
(3) when the permit holder is a person other
than the owner of the fish wheel, in addition to the requirements of (1) of
this subsection, an additional plate of wood, metal, or plastic, that is at
least 12 inches high by 12 inches wide bearing the permit holder's name and
address in letters and numerals at least one inch high must be attached to each
fish wheel so that the name and address are plainly visible;
(4) a permit holder may operate only one fish
wheel at a time and a fish wheel may be operated only by one permit holder at a
time; that permit holder must;
(A) have the
fish wheel marked as specified in this subsection during fishing operations;
and
(B) check the fish wheel at
least once every 10 hours and remove all fish caught by the fish
wheel;
(5) a person may
not set or operate a fish wheel within 75 feet of another fish wheel;
(6) a fish wheel
(A) may not have more than two
baskets;
(B) must be removed from
the water at the end of the permit period; and
(C) may not be rented, leased, or otherwise
used for personal gain.
(d) Halibut may be taken only by a single
hand-held line with not more than two hooks attached to it.
(e) The permit holder must personally operate
the fish wheel or dip net. A subsistence fish wheel or dip net permit may not
be loaned or transferred except as permitted under
5
AAC 01.011.
(f) Herring spawn on kelp may be taken only
by a hand-held unpowered blade-cutting device. Kelp plant blades must be cut at
least four inches above the stipe (stem). The provisions of this subsection do
not apply to Fucus species.
(h) Groundfish
may be taken only by a single hand troll, single hand-held line, or a single
longline, none of which may have more than five hooks attached to it, except
that
(1) lingcod taken incidentally during a
subsistence finfish fishery are lawfully taken and may be retained for
subsistence purposes subject to the limitations described in
5
AAC 01.610(f) and
5
AAC 01.645(d);
(2) rockfish taken incidentally during a
subsistence finfish fishery are lawfully taken and may be retained for
subsistence purposes subject to the limitations described in
5
AAC 01.645(e); and
(3) groundfish taken incidentally in a
subsistence net fishery, consistent with applicable subsistence salmon laws and
regulations, are lawfully taken and may be retained for subsistence
purposes.
(j) In addition to the
requirements under
5
AAC 01.010(h), a buoy attached to one
end of a subsistence gillnet must be marked in printed type with the first
initial, last name, and address of the subsistence permit holder, or the
ADF&G vessel license number of the vessel used to operate the gear, in
numbers and letters that are
(1) at least one
inch high;
(2) in a color that
contrasts with the background; and
(3) plainly visible when the gear is in the
water.
(k) Gillnets used
to take herring may not exceed 10 fathoms in length.
(l) Subsistence fishing guide services are
prohibited in the Glennallen Subdistrict. For the purposes of this subsection,
(1) "subsistence fishing guide services"
means assistance, for compensation or with the intent to receive compensation,
to a subsistence fisherman to take or to attempt to take fish from a vessel by
accompanying or physically directing the subsistence fisherman in subsistence
fishing activities during any part of a subsistence fishing trip;
(2) "compensation" means direct or indirect
payment, remuneration, and other benefits received in return for services,
regardless of the source; in this paragraph, "benefits"
(A) includes
(i) wages and other employment benefits given
directly or indirectly to an individual or organization; and
(ii) dues, payments, fees, and other
remuneration given directly or indirectly to a fishing club, business,
organization, or individual who provides subsistence fishing guide
services;
(B) does not
include reimbursement for the actual daily expenses for fuel, food, or
bait.
(m)
Gillnets used to take freshwater fin fish may not exceed 100 feet in length,
eight feet in depth, and a mesh size greater than four inches stretched measure
and may only be used
(1) for whitefish and
suckers; all other species may not be retained and must be returned to the
water unharmed; permit holders finding five or more lake trout in their net
shall move their fishing location at least one-quarter mile to avoid further
catch of nontarget species;
(2)
from October 1 - March 30; and
(3)
in lakes.
(n) Fyke nets
must have an entrance funnel opening of no greater than four inches maximum
straight-line distance between any two points.
Authority:AS
16.05.251
AS
16.05.258
