Section 5.01.630. Subsistence fishing permits.

	(a)  Except as provided in this section, fish other than salmon and freshwater fish species may be taken for subsistence purposes without a subsistence fishing permit.  
	(b)  Salmon and freshwater fish species may be taken only under authority of a subsistence fishing permit.  
	(c)  Repealed 6/2/88.  
	(d)  Only one subsistence fishing permit will be issued to each household per year.  
	(e)  The following apply to Glennallen Subdistrict subsistence salmon fishing permits:  
		(1) only one type of gear may be specified on a permit;  
		(2) only one Glennallen Subdistrict subsistence salmon fishing permit per calendar year may be issued to a household;  
		(3) permits must be returned to the department no later than October 31, or a permit for the following year may be denied as provided in 5 AAC 01.015(c);  
		(4) repealed  6/12/2003;  
		(5) repealed  6/12/2003;  
		(6) repealed  3/14/2009;  
		(7) only the permit holder and the authorized member of the household listed on the subsistence permit may take salmon;  
		(8) a subsistence permit holder shall record all harvested fish on the permit, in ink, before concealing the fish from plain view or transporting the fish from the fishing site; for the purposes of this paragraph, "fishing site" means the location where the fish is removed from the water and becomes part of the permit holder's bag limit;  
		(9) repealed  3/14/2009.  
	(f)  Repealed  6/12/2003.  
	(g)  Repealed 3/30/2000.  
	(h)  A subsistence fishing permit may be issued to a village council, or other similarly qualified organization whose members operate fish wheels for subsistence purposes in the Glennallen  Subdistrict, to operate fish wheels on behalf of members of its village or organization. A permit may only be issued following approval by the department of a harvest assessment plan to be administered by the permitted council or organization. The harvest assessment plan must include  
		(1) provisions for recording daily catches for each fish wheel;  
		(2) sample data collection forms;  
		(3) other information specified by the department;  
		(4) location and number of fish wheels;  
		(5) the full legal name of the individual responsible for the lawful operation of each fish wheel; and  
		(6) other information determined by the department to be necessary for effective resource management.  
	(i)  Unless otherwise provided in this section, regulations governing fishing under the authority of a village council permit issued under (h) of this section, or other permit issued under this section, are those generally applicable to Glennallen Subdistrict subsistence fishing permits.  
	(j)  The following additional provisions apply to Glennallen Subdistrict subsistence fishing permits issued under (h) of this section:  
		(1) the permit will list all households and household members for whom the fish wheel is being operated;  
		(2) the allowable harvest may not exceed the combined seasonal limits as listed in (e) of this section for the households listed on the permit; the permittee will notify the department when households are added to the list, and the seasonal limit may be adjusted accordingly;  
		(3) members of households listed on a permit issued to a village council or other similarly qualified organization, are not eligible for a separate household subsistence fishing permit for the Upper Copper River District;  
		(4) under authority delegated through a permit issued to a village council or other similarly qualified organization, an individual or individuals designated by the permitted group may issue household subsistence fishing permits to households not listed as participants in fishing fish wheels operated directly by a village council or other similarly qualified organization; the permittee may also register fish wheels; the harvest assessment plan may authorize the permittee to collect, compile, and report to the department the subsistence harvests of these household permit holders;  
		(5) authority to enforce all applicable laws and regulations may not be delegated through permits issued under (h) of this section.  

Authorities

16.05.060;16.05.251;16.05.258

Notes

Authority

AS 16.05.060 AS 16.05.251 AS 16.05.258 Editor's note: At its February 23 - 27, 1993 meeting, the Board of Fisheries readopted 5 AAC 01.630 in its entirety without change, under ch. 1, SSSLA 1992 (the 1992 subsistence law), which repealed and reenacted AS 16.05.258.

History

In effect before 1982; am 4/14/82, Register 82; am 4/28/84, Register 90; am 6/2/88, Register 106; am 4/9/89, Register 110; em am 6/6/89 - 10/3/89, Register 111; am 4/30/91, Register 118; readopt 5/15/93, Register 126; am 5/24/97, Register 142; am 3/30/2000, Register 153; am 5/11/2003, Register 166; am 6/12/2003, Register 166; am 12/1/2004, Register 172; am 3/30/2006, Register 177; am 3/14/2009, Register 189

References

5.01.630