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(a) Unless otherwise provided in this chapter, the following are legal types of gear for subsistence fishing:
(1) gear specified in 5 AAC 39.105;
(2) jigging gear, which consists of a line or lines with lures or baited hooks that are operated during periods of ice cover from holes cut in the ice, or from shore ice referred to in 5 AAC 01.220( l ) , and which are drawn through the water by hand;
(3) a spear which is a shaft with a sharp point or fork-like implement attached to one end, used to thrust through the water to impale or retrieve fish and which is operated by hand;
(4) a lead which is a length of net employed for guiding fish into a seine or a length of net or fencing employed for guiding fish into a fish wheel, fyke net or dip net.
(b) Finfish may be taken for subsistence purposes only by Alaskan residents.
(c) Gillnets used for subsistence fishing for salmon may not exceed 50 fathoms in length, unless otherwise specified by the regulations in particular areas set forth in this chapter.
(d) It is unlawful to buy or sell subsistence-taken fish, their parts, or their eggs, unless otherwise specified in this chapter.
(e) Fishing for, taking or molesting any fish by any means, or for any purpose, is prohibited within 300 feet of any dam, fish ladder, weir, culvert or other artificial obstruction.
(f) The use of explosives and chemicals is prohibited.
(g) Subsistence fishing by the use of a hook and line attached to a rod or pole is prohibited, unless otherwise provided in this chapter.
(h) Each subsistence fisherman shall plainly and legibly inscribe his first initial, last name, and address on his fish wheel, or on a keg or buoy attached to gillnets and other unattended subsistence fishing gear.
(i) All pots used for subsistence fishing must comply with the escape mechanism requirements in 5 AAC 39.145.
(j) Persons licensed under AS 43.75.011 to engage in a fisheries business may not receive for commercial purposes or barter or solicit to barter for subsistence taken salmon or their parts. Further restrictions on the bartering of subsistence taken salmon or their parts may be implemented by emergency order for a specific time or area if circumvention of management programs is occurring because of illegal bartering activities.
(k) Gillnet web in a gillnet used for subsistence fishing for salmon must contain at least 30 filaments, except that
(1) in the Southeastern Alaska, Yakutat, Prince William Sound, and Cook Inlet Areas, gillnet web in a gillnet used for subsistence fishing for salmon must meet one of the following requirements:
(A) the web must contain at least 30 filaments and all filaments must be of equal diameter; or
(B) the web must contain at least six filaments, each of which must be at least 0.20 millimeter in diameter;
(2) the requirements in (1)(A) and (1)(B) of this subsection apply in the Kodiak, Chignik, Aleutian Islands, Alaska Peninsula, Bristol Bay, Kuskokwim, Yukon-Northern, Norton Sound-Port Clarence, and Kotzebue Areas.
( l ) Repealed 5/15/93.
(m) Salmon taken for subsistence use or under subsistence fishing regulations may not be subsequently used as bait for commercial fishing purposes.
(n) The use of live nonindigenous fish as bait is prohibited.
History: In effect before 1983; am 4/16/83, Register 86; am 4/2/88, Register 105; am 6/2/88, Register 106; am 6/25/89, Register 110; am 7/16/92, Register 123; am/readopt 5/15/93, Register 126; am 7/3/94, Register 130; am 6/17/2001, Register 158
Authority: AS 16.05.251
Editor's note: 5 AAC 01.010(e) (1), which first appeared in the AAC in Register 78, was adopted, approved, and printed, in the absence of a paragraph (2). Because the existence of a paragraph (1) would normally imply the existence of at least a paragraph (2), this note has been added to verify the non-existence of a 5 AAC 01.010(e) (2) and avoid potential confusion.
At its February 23 - 27, 1993 meeting, the Board of Fisheries readopted 5 AAC 01.010(a) (1), (a)(3), (a)(4), (c) - (f), (h), (j), (k), (m), and (n) in their entirety without change, under ch. 1, SSSLA, 1992 (the 1992 subsistence law), which repealed and reenacted AS 16.05.258 .
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Last modified 7/05/2006