Alaska Administrative Code
Title 5 - Fish and Game
Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries
Chapter 39 - General Provisions
Article 1 - General
5 AAC 39.105 - Types of legal gear
Universal Citation: 5 AK Admin Code 39.105
Current through February 24, 2025
(a) All gear shall be operated in a manner conforming to its basic design.
(b) The size of meshes of a gillnet shall be substantially consistent.
(c) All references to mesh size in the regulations are considered to be "stretched measure."
(d) Unless otherwise provided in this title, the following are legal types of gear:
(1) a
gillnet 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 gillnet is a gillnet that has been
intentionally set, staked, anchored, or otherwise fixed;
(3) a drift gillnet is a drifting gillnet
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
line;
(5) a hand purse seine is a
floating net designed to surround fish and which can be closed at the 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 fish which is set from and hauled to the
beach;
(7) power troll gear
consists of a line or lines with lures or baited hooks which are deployed,
drawn through the water, and retrieved by means of a power troll gurdy, for
which the power source may be hydraulic, electrical or mechanical; power troll
gear does not include hand troll gear;
(8) hand troll gear consists of a line or
lines with 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 assisting device or
attachment;
(9) a fish wheel is a
fixed, rotating device, with no more than four baskets on a single axle, for
catching fish which is driven by river current or other means;
(10) a trawl is a bag-shaped net 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;
(C) a pelagic trawl is a trawl where the net,
or the trawl doors or other trawl-spreading device, do not operate in contact
with the seabed, and which does not have attached to it any protective device,
such as chafing gear, rollers, or bobbins, that would make it suitable for
fishing in contact with the seabed;
(11) a pot is a portable structure designed
and constructed to capture and retain fish and shellfish alive in the
water;
(12) a ring net is a
bag-shaped net suspended between no more than two frames; the bottom frame may
not be larger in perimeter than the top frame; the gear must be non-rigid and
collapsible so that when fishing it does not prohibit free movement of fish or
shellfish across the top of the net;
(13) a longline 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 or set gillnet;
(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, a 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 extended periods of time;
(21) diving gear is any type of hard hat or
skin diving equipment including scuba, a tethered, umbilical, surface-supplied
system, and a snorkel;
(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 supported
on all sides by a rigid frame; the maximum straight-line distance between any
two points on the net frame, as measured through the net opening, may not
exceed five feet; the depth of the bag must be at least one-half of the
greatest straight-line distance, as measured through the net opening; no
portion of the bag may be constructed of webbing that exceeds a stretched
measurement of 4.5 inches; the frame must be attached to a single rigid handle
and be operated by hand;
(25) a
mechanical jigging machine is a device that deploys a line with lures or baited
hooks and retrieves that line with electrical, hydraulic, or mechanically
powered assistance; a mechanical jigging machine allows the line to be fished
only in the water column; a mechanical jigging machine must be attached to a
vessel registered to fish with a mechanical jigging machine; the mechanical
jigging machine may not be anchored or operated unattached from the
vessel;
(26) an abalone iron is a
flat device used for taking abalone and which is more than one inch (24 mm) in
width and less than 24 inches (61 cm) in length and with all prying edges
rounded and smooth;
(27) a handline
is a hand-held line, with one or more hooks attached, which may only be
operated manually; a handline is legal gear only for smelt in the Bristol Bay
Area, described in
5
AAC 06.100;
(28) dinglebar troll gear consists of one or
more lines, retrieved and set with a troll gurdy or hand troll gurdy, with a
terminally attached weight from which one or more leaders with one or more
lures or baited hooks are pulled through the water while a vessel is making
way;
(29) a sea urchin rake is a
hand-held implement, no longer than four feet, equipped with projecting prongs
used to gather sea urchins;
(30) a
cast net is a circular net with a mesh size of no more than one and one-half
inches and weights attached to the perimeter which, when thrown, surrounds the
fish and closes at the bottom when retrieved;
(31) an eel stick consists of a single
straight or bent pole, equipped with notches or projecting tines, used to take
lamprey through the ice.
Authority:AS 16.05.251
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