Alaska Administrative Code
Title 5 - Fish and Game
Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries
Chapter 38 - Miscellaneous Shellfish Fishery
Article 2 - General Specifications and Restrictions
5 AAC 38.054 - Unlawful use of dive fishing gear

Universal Citation: 5 AK Admin Code 38.054

Current through August 30, 2024

(a) A person or vessel that is licensed or registered to commercially fish for any species of miscellaneous shellfish may not operate dive fishing gear

(1) in waters closed to the taking of miscellaneous shellfish in a registration area from 14 days before a commercial opening for miscellaneous shellfish in that registration area;

(2) during closed periods between weekly commercial openings for miscellaneous shellfish in that registration area; or

(3) during the 14-day period after the person has participated in a commercial miscellaneous shellfish fishery in that registration area, as indicated by the date of landing on a fish ticket.

(b) The prohibition described in (a) of this section does not

(1) include diving for a non-harvesting purpose authorized by a local representative of the department; or

(2) prohibit a diver from
(A) legally participating in any commercial miscellaneous shellfish fishery; or

(B) diving on an aquatic farm site permitted by the department under 5 AAC 41 for the purpose of operating the aquatic farm in Registration Area A.

As of Register 166 (July 2003), and acting under AS 44.62.125(b)(6), the regulations attorney made a change to the authority citation in 5 AAC 38.054, to reflect Executive Order 107 (2003).

As of Register 186 (July 2008), and acting under AS 44.62.125(b)(6), the regulations attorney made a change to the authority citation in 5 AAC 38.054, to reflect Executive Order 114 (2008).

Authority:AS 16.05.251

AS 16.05.722

AS 16.05.723

AS 16.05.901

AS 16.05.920

Disclaimer: These regulations may not be the most recent version. Alaska may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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