(a) If a
subsistence fishing permit is required by this chapter, the following
conditions apply unless otherwise specified by the subsistence fishing
regulations this chapter:
(1) the numbers of
shellfish 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 or transporting the species for which the permit is
issued;
(4) the permit may
designate the species and numbers of shellfish 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 shellfish 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 the 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.
(b) 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.
At its February 23 - 27, 1993 meeting, the Board of
Fisheries readopted 5 AAC 02.015 in its entirety without change, under ch. 1,
SSSLA 1992 (the 1992 subsistence law), which repealed and reenacted
AS
16.05.258.
