Title 5 . Fish and Game

Chapter 75 . Personal Use Fishery

Section 995. Definitions

5 AAC 75.995. Definitions

In addition to the definitions set out in AS 16.05.940 , in 5 AAC 47 - 5 AAC 75,

(1) "artificial fly" means a fly that is constructed by common methods known as fly tying, including a dry fly, wet fly, and nymph, and that is free of bait as defined in (36) of this section; materials and chemicals designed and produced primarily to cause flies to float or sink may be used on artificial flies;

(2) "artificial fly (unweighted)" means a fly which weighs less than one-fourth ounce in its entirety;

(3) "artificial lure" means a lure that is man-made, free of bait as defined in (36) of this section, and is used to attract fish for the purpose of taking them, and includes artificial flies;

(4) "bag limit" means the maximum legal take per person per day, in the area in which the person is fishing, even though part or all of the fish are immediately preserved; a fish when landed and killed becomes a part of the bag limit of the person originally hooking it;

(5) "closed season" means the time during which fish may not be taken;

(6) "closed waters" means waters designated by the board wherein it is illegal to take fish;

(7) "char" means all char including Dolly Varden, Arctic char, Mackinaw or lake trout, and eastern brook trout;

(8) "charter vessel" means a vessel used for hire in the sport, personal use, or subsistence taking of fish or shellfish, and not used on the same day for any other commercial fishing purpose; a charter vessel does not include a vessel or skiff without a charter vessel operator;

(9) "drainage" means all of the waters comprising a watershed including tributary rivers, streams, sloughs, ponds, and lakes which contribute to the water supply of the watershed;

(10) "fresh water" means all inland waters; inland waters are separated from salt water at the mouths of creeks, streams and rivers at a line between extremities of the latter's banks at a mean low tide or at a point to be determined and adequately marked by the department;

(11) "grayling" means Arctic grayling;

(12) "length of fish" means the length from the tip of the snout to the tip of the tail (total length);

(13) "local representative of the department" means

(A) the nearest or most accessible professional employee of the department;

(B) a person designated by the commissioner or by a professional employee of the department to perform specific functions for the department; or

(C) a law enforcement officer of the Department of Public Safety;

(14) "mark" or "marking" means all forms of skin alterations, fin clipping or other mutilation, or insertion of foreign materials in live fish that permit later identification;

(15) "molesting" means the harassing, disturbing, or interfering with fish by any means, including the use of any missile or object not established as legal gear; molesting includes dragging, kicking, throwing, striking, or otherwise abusing a fish that is intended to be released;

(16) "multiple hook" means a fish hook with two or more points with or without barbs;

(17) "open season" means the time during which fish may lawfully be taken; each period of time prescribed as an open season shall be construed to begin at 12:01 a.m. on the first day and end at midnight of the last day thereof;

(18) "peace officer of the state" means a person defined in AS 16.05.150 ;

(19) "pike" means northern pike;

(20) "possession limit" means the maximum number of unpreserved fish a person may have in his possession;

(21) "preserved fish" means fish prepared in such a manner, and in an existing state of preservation, as to be fit for human consumption after a 15-day period, and does not include unfrozen fish temporarily stored in coolers that contain ice or dry ice or fish that are lightly salted;

(22) "rockfish" means all fish of the genus Sebastes , including pelagic rockfish and non-pelagic rockfish;

(23) "salmon" means all salmon, including the five species of Pacific salmon;

(24) "salt water" means all marine waters: marine waters are separated from fresh water at the mouths of streams, rivers and creeks;

(25) repealed 6/30/84;

(26) "single hook" means a fish hook with only one point with or without a barb;

(27) "stream mouth" means the downstream point defined as a straight line running from the most downstream extremity on one streambank to the most downstream extremity on the other streambank, or a point defined and marked by the department;

(28) "toxicant" means any material or chemical that upon introduction into the waters of Alaska by direct or indirect means will kill, stun or drive fish from their natural repose;

(29) "transport" means ship, transport, carry, import, export or receive or deliver for shipment, transportation, carriage or export;

(30) "trout" includes rainbow, steelhead and cutthroat;

(31) "waters of Alaska" has the same meaning as set out in 5 AAC 39.975(13) ;

(32) "year" means the calendar year from January 1 through December 31;

(33) "area" means a regulatory management area as described in 5 AAC 47.005, 5 AAC 52.005, 5 AAC 55.005, 5 AAC 56.005, 5 AAC 58.005, 5 AAC 61.005, 5 AAC 64.005, 5 AAC 65.005, 5 AAC 67.005, and 5 AAC 70.005;

(34) "charter vessel operator" means a person engaged in carrying passengers on a charter vessel for any valuable consideration that passes directly or indirectly to the vessel's owner, operator, or a person with a financial interest in the vessel, in consideration of the carriage of any person on board;

(35) "flowing waters" means all fresh waters, excluding lakes and ponds, that have a detectable current, including all creeks, streams, and rivers draining into, between, and out of all lakes and ponds, and all intertidal waters upstream of the stream mouth, as "stream mouth" is defined in 5 AAC 75.995;

(36) "bait" means any substance applied to fishing gear for the purpose of attracting fish by scent, including fish eggs in any form, natural or preserved animal, fish, fish oil, shellfish, or insect parts, natural or processed vegetable matter, and natural or synthetic chemicals;

(37) repealed 4/23/98;

(38) "shellfish" means all shellfish and marine invertebrates;

(39) "client" means a person who is a member of a fishing party that engages or uses a person to provide sport fishing guide services and who is not a licensed sport fishing guide or member of the crew of the licensed sport fishing guide;

(40) "closely attended" means that the line or strike indicator is within the view of and is accessible to the angler at all times;

(41) "sport fishing guide" has the meaning given in AS 16.40.299 ;

(42) "sport fishing guide services" has the meaning given in AS 16.40.299 ;

(43) "sport fishing services" has the meaning given in AS 16.40.299 ;

(44) "highway" has the meaning given in AS 19.45.001 ;

(45) "set line" means an unattended line or lines that have been set, staked, anchored, or otherwise fixed;

(46) "non-pelagic rockfish" includes all rockfish species in the genus Sebastes that are not defined as pelagic rockfish;

(47) "pelagic rockfish" includes dusky (S. ciliatus), widow (S. entomelas) , yellowtail (S. flavidus) , black (S. melanops) , and blue (S. mystinus) rockfish;

(48) "exclusive economic zone" means all waters adjacent to the waters of Alaska and seaward to a boundary line drawn in such a manner that each point on the line is 200 nautical miles from the baseline from which the territorial sea is measured.

History: In effect before 1983; am 4/3/83, Register 85; am 4/28/84, Register 90; am 6/30/84, Register 90; am 4/18/86, Register 98; am 6/2/88, Register 106; am 7/30/89, Register 111; am 6/5/94, Register 130; am 5/13/95, Register 134; am 2/25/98, Register 145; am 4/23/98, Register 146; am 5/19/2001, Register 158; am 3/13/2004, Register 169; am 2/10/2005, Register 173

Authority: AS 16.05.251