Section 5.02.011. Subsistence fishing by proxy.

	(a)  Shellfish may be taken by subsistence fishing by proxy only as provided in AS 16.05.405 and in this section.  
	(b)  Any species of shellfish that may be taken by subsistence fishing under this chapter may be taken by subsistence fishing by proxy.  
	(c)  Before a proxy may take, attempt to take, or transport shellfish taken under this section, on behalf of a beneficiary, the proxy or the beneficiary shall obtain and complete a proxy fishing information form available from the department. The proxy or the beneficiary shall take or mail the completed form to any ADF&G office for validation. The department shall return the validated form and retain a copy for the department's records. In addition to the requirements of AS 16.05.405(c), the proxy must have in possession a validated proxy fishing information form when taking, attempting to take, or transporting shellfish taken under this section, on behalf of a beneficiary. A subsistence fishing permit issued by the department may be substituted for the proxy fishing information form if the information requested on the subsistence fishing permit is the same as the information requested on the proxy fishing information form.  
	(d)  As provided in AS 16.05.405, a proxy who takes or attempts to take shellfish by subsistence fishing on behalf of a beneficiary may, at the same time, fish for the proxy's own use, except that the proxy  
		(1) may not take more than twice the bag limit, and may not possess more than twice the possession limit, of a species, as established in this chapter, for the waters in which the fishing occurs; and  
		(2) may not fish with more than one legal limit of gear, as established in this chapter.  
	(e)  A beneficiary may not authorize more than one proxy to take or attempt to take shellfish on the beneficiary's behalf at one time. A beneficiary may not personally take or attempt to take shellfish at the same time that a proxy is taking or attempting to take shellfish on the beneficiary's behalf.  
	(f)  A person may not give or receive remuneration in order to obtain, grant, or influence the granting of an authorization to take or attempt to take shellfish by proxy on behalf of a beneficiary.  
	(g)  In this section,  
		(1) "beneficiary" means a resident  
			(A) who is blind, is a person with physical disabilities as defined in AS 16.05.940, or is 65 years of age or older; and  
			(B) on whose behalf shellfish are to be taken or attempted to be taken under AS 16.05.405;  
		(2) "proxy" means a resident who holds a valid resident sport fishing license and who wishes to take or attempt to take shellfish on behalf of a beneficiary under AS 16.05.405;  
		(3) "fishing site" means the location where the shellfish is removed from the water and becomes part of the beneficiary's specified limit.   
	(h)  A proxy fishing information form is valid for the remainder of the calendar year during which it is issued, unless the beneficiary specifies an earlier ending date on the proxy fishing information form.  
	(i)  Before concealing the shellfish from plain view or transporting the shellfish from the fishing site, a proxy must record, in ink, on the proxy fishing information form, or a subsistence permit if allowed under (c) of this section, the date, location (body of water fished), species, approximate weight, and number of the shellfish taken by the proxy on behalf of a beneficiary.  
	(j)  Within 30 days after taking shellfish for a beneficiary under this section, a proxy must personally deliver the shellfish to the beneficiary.  

Authorities

16.05.251;16.05.258;16.05.370;16.05.403;16.05.405

Notes

Authority

Sec. 1, ch. 81, SLA 1992 AS 16.05.251 AS 16.05.258 AS 16.05.370 AS 16.05.403 AS 16.05.405

History

Eff. 7/3/94, Register 130; am 6/15/95, Register 134; am 3/15/2008, Register 185