5 Alaska Admin. Code § 75.011

Current through May 31, 2024
Section 5 AAC 75.011 - Sport fishing by proxy
(a) Finfish and shellfish may be taken by sport fishing by proxy only as provided in AS 16.05.405 and in this section.
(b) Any species of finfish, except halibut, and shellfish that may be taken by sport fishing under 5 AAC 47 - 5 AAC 74 may be taken by sport fishing by proxy.
(c) Before a proxy may take, attempt to take, or transport finfish or shellfish taken under this section, on behalf of a beneficiary, the proxy 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 finfish or shellfish taken under this section, on behalf of a beneficiary.
(d) As provided in AS 16.05.405, a proxy who takes or attempts to take finfish or shellfish by sport 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 5 AAC 47 - 5 AAC 74, for the waters in which the fishing occurs; and
(2) may not fish with more than one legal limit of gear, as established in 5 AAC 47 - 5 AAC 75.
(e) A beneficiary may not authorize more than one proxy to take or attempt to take finfish or shellfish on the beneficiary's behalf at one time. A beneficiary may not personally take or attempt to take finfish or shellfish at the same time that a proxy is taking or attempting to take finfish or 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 finfish or 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 or developmental disabilities as defined in AS 16.05.940, or is 65 years of age or older; and
(B) on whose behalf finfish or 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 finfish or shellfish on behalf of a beneficiary under AS 16.05.405;
(3) "fishing site" means the location where the finfish or 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 finfish or shellfish from plain view or transporting the finfish or shellfish from the fishing site, a proxy must record on the proxy fishing information form, the date, location (body of water fished), species, approximate weight, and number of the finfish or shellfish taken by the proxy on behalf of a beneficiary.
(j) Within 30 days after taking finfish or shellfish for a beneficiary under this section, a proxy must personally deliver the finfish or shellfish to the beneficiary.

5 AAC 75.011

Eff. 6/5/94, Register 130; am 5/13/95, Register 134; am 7/1/95, Register 134; am 5/26/2006, Register 178; am 8/8/2007, Register 183; am 3/15/2008, Register 185; am 3/14/2009, Register 189; am 9/19/2019, Register 231, August 2019; am 9/24/2021, Register 239, October 2021

Authority: Sec. 1, ch. 81, SLA 1992

AS 16.05.251

AS 16.05.370

AS 16.05.403

AS 16.05.405