5 AAC 39.107 - Operation of gear
(a) Each fisherman
shall operate or assist in operating only one type of net gear at any one
time.
(b) Throughout the period of
operation of mobile net gear, a person who holds a valid CFEC permit for that
gear must be physically present on board the vessel from which the net gear is
operated.
(c) A CFEC permit holder
shall personally operate or assist in the operation of mobile net gear.
"Personally operate or assist in operation" means assisting or supervising some
portion of the immediate operation.
(d) A person who holds a limited entry permit
or an interim-use permit for stationary fishing gear must be physically present
at a beach or riparian fishing site during the operation of net gear or other
stationary fishing gear at the site, except when the permit holder is at or
traveling to or from the location of (1) a sale of fish caught in the gear; or
(2) other stationary gear of the permit holder. For purposes of this subsection
"fishing site" includes any structure used for providing shelter in support of
the operation of net gear or other stationary gear.
(e) A person who holds a CFEC permit for the
operation of stationary net gear or fish wheels shall be within a reasonable
distance of the gear when at a point of sale or at the location of other
stationary gear of that permit holder. A "reasonable distance" means a distance
that ensures that the CFEC permit holder retains competent supervision of the
gear.
(f) In the Yukon Area, as
described in
5 AAC 05.100, a person who holds a CFEC permit for
stationary fishing gear must be physically present for the initial deployment
of the gear at the beginning of the commercial fishing period and at the end of
the commercial fishing period to terminate operation of the gear.
(g) In the Yakutat District south of 59ยบ
40' N. lat. in Yakutat Bay, a fishing site under
AS
16.05.253(b) includes the
CFEC permit holder's permanent place of residence in Yakutat.
(h) In the Kotzebue District, as described in
5 AAC 03.200(b), a person who holds a
CFEC permit for stationary fishing gear must be physically present for the
initial deployment of the gear at the beginning of the commercial fishing
period and at the end of the commercial fishing period to terminate operation
of the gear. A fishing site under
AS
16.05.253(b) includes the
district and the CFEC permit holder's place of residence in Kotzebue.
Notes
Authority:AS 16.05.251
AS 16.05.253
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