5 AAC 39.140 - Inspection of fishing establishments and vessels
(a) Representatives
of the Department of Fish and Game or the Department of Public Safety shall
have free and unobstructed access to all fishing vessels, canneries, salteries,
and other land-based or floating processing establishments to inspect catch,
equipment, gear, and operational compliance with AS 16 and regulations
promulgated thereunder.
(b) Upon
being approached by a vessel or aircraft under the control of a representative
of the Departments of Fish and Game or Public Safety, the operator of a fishing
vessel, catcher-processor, or floating processor shall be alert for, and
immediately comply with, signals conveying enforcement intent. A vessel
operator signaled to stop or heave to for boarding shall
(1) stop immediately and lay to or maneuver
in such a way as to permit the representative and his party to come
aboard;
(2) if requested, provide a
safe ladder for the representative and his party;
(3) when necessary to facilitate the
boarding, provide a man rope, safety line and illumination of the
ladder;
(4) take such other actions
as necessary to ensure the safety of the representative and party and to
facilitate the boarding; and
(5)
make every effort to comply with all lawful orders given by the representative,
except that the owner or operator of the vessel is solely responsible for
navigation, supervision, and control of the vessel and his decisions shall be
final in all matters pertaining to proper navigation and safety of the vessel
crew, and fishing gear.
(c) On a vessel which catches and processes
crab and is required to carry an observer under
5 AAC 39.645, the vessel operator must separate crab to
be retained and, before butchering, must make those crab available to the
observer for inspection.
(d)
Notwithstanding the requirements of
5 AAC 30.392(a),
5 AAC 30.393,
5 AAC 33.392(d), and
5 AAC 33.393, upon request by a local representative of
the department or a peace officer of the state, a fisherman or processor shall
relinquish the tag and head of adipose-fin-clipped salmon, and shall inform the
representative or peace officer of the date and location of the catch, if
known.
Notes
Authority:AS 16.05.180
AS 16.05.251
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