Section 5 AAC 38.054 - Unlawful use of dive fishing gear(a) A person or vessel that is licensed or registered to commercially fish for any species of miscellaneous shellfish may not operate dive fishing gear (1) in waters closed to the taking of miscellaneous shellfish in a registration area from 14 days before a commercial opening for miscellaneous shellfish in that registration area;(2) during closed periods between weekly commercial openings for miscellaneous shellfish in that registration area; or(3) during the 14-day period after the person has participated in a commercial miscellaneous shellfish fishery in that registration area, as indicated by the date of landing on a fish ticket.(b) The prohibition described in (a) of this section does not (1) include diving for a non-harvesting purpose authorized by a local representative of the department; or(2) prohibit a diver from (A) legally participating in any commercial miscellaneous shellfish fishery; or(B) diving on an aquatic farm site permitted by the department under 5 AAC 41 for the purpose of operating the aquatic farm in Registration Area A.Eff. 4/15/94, Register 130; am 9/28/97, Register 143; am 5/11/2012, Register 202As of Register 166 (July 2003), and acting under AS 44.62.125(b)(6), the regulations attorney made a change to the authority citation in 5 AAC 38.054, to reflect Executive Order 107 (2003).
As of Register 186 (July 2008), and acting under AS 44.62.125(b)(6), the regulations attorney made a change to the authority citation in 5 AAC 38.054, to reflect Executive Order 114 (2008).
Authority:AS 16.05.251
AS 16.05.722
AS 16.05.723
AS 16.05.901
AS 16.05.920