Section 5.77.015. Personal use fishing permits and reports and display of personal use fish.

	(a)  A permit is not required to take fish unless otherwise specified in 5 AAC 77.  
	(b)  Permits for the taking of finfish will be issued only to holders of a valid resident Alaska sport fishing license and Alaska residents exempt from licensing under AS 16.05.400. Permits for the taking of shellfish and aquatic plants will be issued only to holders of a valid Alaska sport fishing license and persons exempt from licensing under AS 16.05.400.  
	(c)  When a personal use fishing permit is required, the following permit conditions apply, unless otherwise specified by the regulations in 5 AAC 77:  
		(1) the numbers of fish taken may not exceed the limits set out in the permit;  
		(2) the permit must be obtained from a local representative of the department before taking fish;  
		(3) the permit and the permittee's sport fishing license must be retained in the possession of the permittee and be readily available for inspection upon request by a peace officer of the state while taking or transporting the species for which the permit is issued;  
		(4) the permit may designate the species and numbers of fish to be harvested, time and area for taking, the type and amount of fishing gear and other conditions necessary for management or conservation purposes;  
		(5) if specified on the permit, each fisherman shall keep accurate daily records of the catch involved, showing the number of fish taken by species, location and date of the catch, and such other information as the department may require for management or conservation purposes;  
		(6) personal use fishing reports must be completed on forms provided by the department and submitted to the department office from which the permit was issued at the time specified by the department for each particular area and fishery;  
		(7) if applicable, the total annual possession limit for the permittee will be entered on each permit by the department representative issuing the permit; and  
		(8) if applicable, the department representative issuing the permit will require from an applicant documented proof of residency or other criteria required by regulation, or in the absence of such documentation, a signed affidavit setting forth duration of residency or other criteria required by regulation, to determine the applicable type of permit, annual possession limit and residency of the applicant.  
	(d)  If the return of catch information necessary for management and conservation purposes is required by a personal use fishing permit, a permittee who fails to comply with such reporting requirements is ineligible to receive a personal use permit for that activity during the following calendar year, unless the permit applicant demonstrates to the department that failure to report was due to unavoidable circumstances.  
	(e)  Repealed 5/31/98.  
	(f)  Upon request by an employee of the department, a person must show to the employee  
		(1) that person's record of catch taken under this chapter; and  
		(2) fish taken and possessed by the person in a personal use fishery.  

Authorities

16.05.251

Notes

Reference

5 AAC 77.190
5 AAC 77.507
5 AAC 77.511
5 AAC 77.540
5 AAC 77.591
5 AAC 77.660
5 AAC 77.664
5 AAC 77.674

Authority

AS 16.05.251

History

Eff. 6/20/82, Register 82; am 7/30/89, Register 111; am 5/29/93, Register 126; am 5/31/98, Register 146; am 7/18/99, Register 151