Section 20.05.120. Permits for retaining incidentally-caught fish.

	(a)  A person may retain incidentally-caught salmon, king crab, Tanner crab, Dungeness crab, halibut, or sablefish if the person holds a valid entry or interim-use permit for that species, type of gear, and area, and if the season for the incidentally-caught species is open under regulations of the Board of Fisheries in 5 AAC.  
	(b)  Notwithstanding the provisions of (a) of this section, a person who holds a valid entry or interim-use permit for taking  
		(1) salmon with hand troll or power troll gear may retain other fish that were incidentally-caught while trolling for salmon if the fish may be legally taken under regulations of the Board of Fisheries in 5 AAC at that time and in that area using troll gear; and  
		(2) miscellaneous saltwater finfish, lingcod, or demersal shelf rockfish with dinglebar, mechanical jigging machine, or hand troll gear may retain halibut that were incidentally-caught while fishing for miscellaneous saltwater finfish, lingcod, or demersal shelf rockfish with those gear types if the halibut may be legally taken under regulations of the Board of Fisheries in 5 AAC, and regulations of other agencies, regulating halibut at that time in that area.  
	(c)  A person who holds a valid entry or interim-use permit may retain an incidentally-caught species, other than those specified in (a) of this section and in addition to those species taken under (b) of this section, without holding an entry or interim-use permit for that species if  
		(1) the species may be legally taken in a directed fishery at that time and in that area, or the species may be legally taken as incidental catch at that time and in that area;  
		(2) the type of gear used to catch the species, and the area where the species is caught, are authorized by the entry or interim-use permit;  
		(3) the weight of the species does not exceed any applicable limit under regulations of the Board of Fisheries in 5 AAC for incidental catch of that species or, if there is no established limit, the weight of all retained, incidentally-caught species does not exceed 20 percent of the total weight of all fish caught in the directed fishery on board the vessel; and  
		(4) a fishery that involves the species, the type of gear used to catch the species, and the area where the species was caught is not subject to limited entry under AS 16.43  or to a moratorium to entry.  
	(d)  The provisions of this section establish only when entry or interim-use permits are required for retaining incidentally-caught fish, and may not be interpreted to conflict with regulations adopted by the Board of Fisheries.  

Authorities

16.43.100;16.43.110;16.43.140;16.43.150;16.43.950

Notes

Reference

20 AAC 05.245

Authority

AS 16.43.100 AS 16.43.110 AS 16.43.140 AS 16.43.150 AS 16.43.950

History

Eff. 6/28/74, Register 54; am 5/20/76, Register 58; am 12/27/79, Register 72; am 1/2/81, Register 77; am 6/5/83, Register 86; am 6/18/86, Register 98; am 7/16/94, Register 131; am 5/4/95, Register 134; am 6/26/99, Register 150; am 11/23/2008, Register 188