Section 5.39.107. Operation of gear.

	(a)  Each fisherman shall operate or assist in operating only one type of net gear at any one time.  
	(b)  Throughout the period of operation of mobile net gear, a person who holds a valid CFEC permit for that gear must be physically present on board the vessel from which the net gear is operated.  
	(c)  A CFEC permit holder shall personally operate or assist in the operation of mobile net gear. "Personally operate or assist in operation" means assisting or supervising some portion of the immediate operation.  
	(d)  A person who holds a limited entry permit or an interim-use permit for stationary fishing gear must be physically present at a beach or riparian fishing site during the operation of net gear or other stationary fishing gear at the site, except when the permit holder is at or traveling to or from the location of (1) a sale of fish caught in the gear; or (2) other stationary gear of the permit holder. For purposes of this subsection "fishing site" includes any structure used for providing shelter in support of the operation of net gear or other stationary gear.  
	(e)  A person who holds a CFEC permit for the operation of stationary net gear or fish wheels shall be within a reasonable distance of the gear when at a point of sale or at the location of other stationary gear of that permit holder. A "reasonable distance" means a distance that ensures that the CFEC permit holder retains competent supervision of the gear.  
	(f)  In the Yukon Area, as described in 5 AAC 05.100, a person who holds a CFEC permit for stationary fishing gear must be physically present for the initial deployment of the gear at the beginning of the commercial fishing period and at the end of the commercial fishing period to terminate operation of the gear.  
	(g)  In the Yakutat District south of 59_ 40' N. lat. in Yakutat Bay, a fishing site under AS 16.05.253(b) includes the CFEC permit holder's permanent place of residence in Yakutat.  

Authorities

16.05.251;16.05.253

Notes

Reference

5 AAC 05.368
5 AAC 06.331
5 AAC 27.131
5 AAC 30.331
5 AAC 39.110

Authority

AS 16.05.251 AS 16.05.253

History

In effect before 1983; am 4/16/83, Register 86; am 5/31/85, Register 94; am 4/18/86, Register 98; am 6/14/90, Register 115; am 4/30/91, Register 118