(a)
A permit is not required to take fish unless otherwise specified in 5 AAC
77.
(b) Permits for the taking of
finfish will be issued only to holders of a valid resident Alaska sport fishing
license and Alaska residents exempt from licensing under
AS
16.05.400. Permits for the taking of
shellfish and aquatic plants will be issued only to holders of a valid Alaska
sport fishing license and persons exempt from licensing under
AS
16.05.400.
(c) When a personal use fishing permit is
required, the following permit conditions apply, unless otherwise specified by
the regulations in 5 AAC 77:
(1) the numbers
of fish taken may not exceed the limits set out in the permit;
(2) the permit must be obtained from a local
representative of the department before taking fish;
(3) the permit and the permittee's sport
fishing license must be retained in the possession of the permittee and be
readily available for inspection upon request by a peace officer of the state
while taking or transporting the species for which the permit is
issued;
(4) the permit may
designate the species and numbers of fish to be harvested, time and area for
taking, the type and amount of fishing gear and other conditions necessary for
management or conservation purposes;
(5) if specified on the permit, each
fisherman shall keep accurate daily records of the catch involved, showing the
number of fish taken by species, location and date of the catch, and such other
information as the department may require for management or conservation
purposes;
(6) personal use fishing
reports must be completed on forms provided by the department and submitted to
the department office from which the permit was issued at the time specified by
the department for each particular area and fishery;
(7) if applicable, the total annual
possession limit for the permittee will be entered on each permit by the
department representative issuing the permit; and
(8) if applicable, the department
representative issuing the permit will require from an applicant documented
proof of residency or other criteria required by regulation, or in the absence
of such documentation, a signed affidavit setting forth duration of residency
or other criteria required by regulation, to determine the applicable type of
permit, annual possession limit and residency of the applicant.
(d) If the return of catch
information necessary for management and conservation purposes is required by a
personal use fishing permit, permittee who fails to comply with such reporting
requirements is ineligible to receive a personal use permit for that activity
during the following calendar year, unless the permit applicant demonstrates to
the department that failure to report was due to unavoidable
circumstances.
(f) Upon request by an
employee of the department, a person must show to the employee
(1) that person's record of catch taken under
this chapter; and
(2) fish taken
and possessed by the person in a personal use fishery.
