(a) Unless
otherwise provided in this title, the following are legal types of gear for
subsistence fishing:
(2) jigging gear which consists of a line or
lines with lures or baited hooks which are operated during periods of ice cover
from holes cut in the ice 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) Unless otherwise specified in
this chapter, it is unlawful to buy or sell subsistence-taken shellfish, their
parts, or their eggs, except that it is lawful to buy or sell a handicraft made
out of the skin, shell, or nonedible by-products of shellfish taken for
personal or family consumption.
(c)
The use of explosives and chemicals is prohibited, except that chemical baits
or lures may be used to attract shellfish.
(d) Subsistence fishing by the use of a line
attached to a rod or pole is prohibited except when fishing through the ice in
the Bering Sea Area.
(e) Marking
requirements for subsistence shellfish gear are as follows:
(1) a person who is subsistence fishing shall
plainly and legibly inscribe that person's first initial, last name, and
address on a keg or buoy attached to unattended subsistence fishing gear,
except that if a person is fishing through ice, a stake inscribed with the
first initial, last name, and address inserted in the ice near the hole may be
substituted for the keg or buoy; subsistence fishing gear may not display a
permanent ADF&G vessel license number;
(2) kegs or buoys attached to subsistence
crab pots or ring nets also must be inscribed with the name or the division of
motor vehicles boat registration number, issued under 2 AAC 70, of the vessel
used to operate the pots or ring nets.
(f) Pots used for subsistence fishing must
comply with the escape mechanism requirements in
5 AAC 39.145.
(g) No person may mutilate or otherwise
disfigure a crab in any manner which would prevent determination of the minimum
size restrictions in 5 AAC 02 until the crab has been processed or prepared for
consumption.
(h) Repealed
5/15/93.
(i) Subsistence shellfish
pot limits are as follows:
(1) except in the
Kotzebue Sound Section and when fishing through the ice in the Norton Sound
Section, no more than five pots per person and 10 pots per vessel may be used
to take crab;
(2) Repealed
5/9/2015.
(j) Effective
July 1, 1986, shellfish may be taken only by residents.
(k) Repealed 5/15/93.
Notes
5 AAC 02.010
In effect
before 1982; am 7/25/82, Register 83; am 4/16/83, Register 86; am 6/30/83,
Register 86; am 7/14/85, Register 95; am 7/12/86, Register 99; am 2/27/91,
Register 117; readopt 5/15/93, Register 126; am 8/14/96, Register 139; am
7/5/2000, Register 155; am 12/1/2004, Register 172; am 7/1/2006, Register 178;
am 7/16/2006, Register 179; am 7/13/2012, Register 203; am
5/9/2015,
Register
214, July 2015
In Register 214, July 2015, a portion of a substance of
5 AAC 02.010(a)(1) was moved to
5 AAC 02.109 and the substance of
5 AAC 02.010(i)(2) was moved to
5 AAC 02.109 and
5 AAC 02.110.
At its February 23 - 27, 1993 meeting, the Board of
Fisheries readopted
5 AAC 02.010(a) - (d), (g), and (j) in
their entirety without change, under ch. 1, SSSLA 1992 (the 1992 subsistence
law), which repealed and reenacted
AS
16.05.258.
Authority:AS
16.05.251
AS
16.05.258