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(a) Finfish, shellfish, and aquatic plants may be taken for personal use only by a holder of a valid resident Alaska sport fishing license or by an Alaskan resident exempt from licensing under AS 16.05.400 .
(b) It is unlawful to buy, sell, trade or barter fish or their parts taken under the regulations in 5 AAC 77.
(c) It is unlawful to take fish within 300 feet of any dam, fish ladder, weir, culvert or other artificial obstruction.
(d) Each personal use fisherman shall plainly and legibly inscribe the fisherman's first initial, last name, and home address on a keg or buoy attached to a gillnet or pot. A keg or buoy attached to a pot must also 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 pot.
(e) Gillnet web in a gillnet used for fishing for salmon must contain at least 30 filaments, except that
(1) in the Southeast Alaska, Yakutat, Prince William Sound, and Cook Inlet Areas, gillnet web in a gillnet used for fishing for salmon must meet one of the following requirements:
(A) the web must contain at least 30 filaments and all filaments must be of equal diameter; or
(B) the web must contain at least six filaments, each of which must be at least 0.20 millimeter in diameter;
(2) the requirements contained in (1)(A) and (1)(B) of this subsection apply in the Kodiak, Chignik, Aleutian Islands, Alaska Peninsula, Bristol Bay, Kuskokwim, Yukon-Northern, Norton Sound-Port Clarence, and Kotzebue Areas.
(f) A person may not possess salmon taken under the authority of a personal use salmon fishing permit unless both tips of the tail fin have been removed from the salmon before the salmon is concealed from plain view or transported from the fishing site.
(g) It is unlawful to take female king, Tanner, or Dungeness crab.
(h) No person may mutilate or otherwise disfigure a crab in any manner that would prevent determination of the minimum size restrictions in 5 AAC 77, until the crab has been processed or prepared for consumption.
(i) No more than five pots, regardless of type, per person with a maximum of 10 pots, regardless of type, per vessel may be used to take shellfish at any time, except that in the Southeastern Alaska and Yakutat Areas, no more than 10 shrimp pots per person with a maximum of 20 shrimp pots per vessel may be used in addition to pots, other than shrimp pots, in the taking of shrimp at any time.
(j) The harvest, bag possession, and pot limits for shellfish in this chapter are not in addition to those allowed under subsistence fishing regulations contained in 5 AAC 02.
(k) Unless otherwise specified in this chapter, gear used in the personal use taking of shellfish is limited to the following:
(1) shrimp may be taken only with pots and ring nets;
(2) crab may be taken only with pots, ring nets, diving gear, dip nets, hooked or hookless handlines, or by hand; a line attached to a pole or rod may be used in the Bering Sea only when fishing a line through the ice;
(3) clams may be taken only by hand or with rakes, shovels, and manually operated clam guns;
(4) abalone may be taken only with abalone irons, diving gear, or by hand.
( l ) In the personal use taking of shellfish not otherwise specified in this chapter
(1) there is no closed season;
(2) there is no bag and possession limit;
(3) trawls, hand jigging, hand-operated dredges, and all gear specified in (k) of this section may be used except that in the waters described in 5 AAC 38.140(k) (southeastern Alaska) sea cucumbers may not be taken with the use of diving gear.
(m) Pots used for personal use fishing must comply with the escape mechanism requirements in 5 AAC 39.145.
History: Eff. 6/20/82, Register 82; am 7/1/86, Register 99; am 7/12/86, Register 99; am 10/26/86, Register 100; am 4/2/88, Register 105; am 6/25/89, Register 110; am 9/19/90, Register 115; am 2/27/91, Register 117; am 7/16/92, Register 123; am 4/1/94, Register 129; am 6/5/94, Register 130; am 9/5/97, Register 143; am 5/31/98, Register 146; am 12/1/2004, Register 172
Authority: AS 16.05.251
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Last modified 7/05/2006