5 AAC 02.011 - Subsistence fishing by proxy
(a) Shellfish may
be taken by subsistence fishing by proxy only as provided in
AS
16.05.405 and in this section.
(b) Any species of shellfish that may be
taken by subsistence fishing under this chapter may be taken by subsistence
fishing by proxy.
(c) Before a
proxy may take, attempt to take, or transport shellfish taken under this
section, on behalf of a beneficiary, the proxy or the beneficiary shall obtain
and complete a proxy fishing information form available from the department.
The proxy or the beneficiary shall take or mail the completed form to any
ADF&G office for validation. The department shall return the validated form
and retain a copy for the department's records. In addition to the requirements
of
AS
16.05.405(c), the proxy must
have in possession a validated proxy fishing information form when taking,
attempting to take, or transporting shellfish taken under this section, on
behalf of a beneficiary. A subsistence fishing permit issued by the department
may be substituted for the proxy fishing information form if the information
requested on the subsistence fishing permit is the same as the information
requested on the proxy fishing information form.
(d) As provided in
AS
16.05.405, a proxy who takes or attempts to
take shellfish by subsistence fishing on behalf of a beneficiary may, at the
same time, fish for the proxy's own use, except that the proxy
(1) may not take more than twice the bag
limit, and may not possess more than twice the possession limit, of a species,
as established in this chapter, for the waters in which the fishing occurs;
and
(2) may not fish with more than
one legal limit of gear, as established in this chapter.
(e) A beneficiary may not authorize more than
one proxy to take or attempt to take shellfish on the beneficiary's behalf at
one time. A beneficiary may not personally take or attempt to take shellfish at
the same time that a proxy is taking or attempting to take shellfish on the
beneficiary's behalf.
(f) A person
may not give or receive remuneration in order to obtain, grant, or influence
the granting of an authorization to take or attempt to take shellfish by proxy
on behalf of a beneficiary.
(g) In
this section,
(1) "beneficiary" means a
resident
(A) who is blind, is a person with
physical or developmental disabilities as defined in
AS
16.05.940 or is 65 years of age or older;
and
(B) on whose behalf shellfish
are to be taken or attempted to be taken under
AS
16.05.405;
(2) "proxy" means a resident who holds a
valid resident sport fishing license and who wishes to take or attempt to take
shellfish on behalf of a beneficiary under
AS
16.05.405;
(3) "fishing site" means the location where
the shellfish is removed from the water and becomes part of the beneficiary's
specified limit.
(h) A
proxy fishing information form is valid for the remainder of the calendar year
during which it is issued, unless the beneficiary specifies an earlier ending
date on the proxy fishing information form.
(i) Before concealing the shellfish from
plain view or transporting the shellfish from the fishing site, a proxy must
record on the proxy fishing information form, or a subsistence permit if
allowed under (c) of this section, the date, location (body of water fished),
species, approximate weight, and number of the shellfish taken by the proxy on
behalf of a beneficiary.
(j) Within
30 days after taking shellfish for a beneficiary under this section, a proxy
must personally deliver the shellfish to the beneficiary.
Notes
Authority: Sec. 1, ch. 81, SLA 1992
AS 16.05.251
AS 16.05.258
AS 16.05.370
AS 16.05.403
AS 16.05.405
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