Alaska Administrative Code › Title 5 - Fish and Game › Part 2 - Sport Fishing and Personal Use Fishery › Chapter 75 - Statewide Provisions › Article 9 - Definitions › 5 AAC 75.995 - Definitions

Current through May 31, 2024
(a) In addition to the definitions set out in
				  AS
				  16.05.940, in 5 AAC 47 - 5 AAC 75,
(1) "artificial fly" means a fly that is
				  constructed by common methods known as fly tying, including a dry fly, wet fly,
				  and nymph, or a bare single hook, and that is free of bait; materials and
				  chemicals designed and produced primarily to cause flies to float or sink may
				  be used on artificial flies;
(2)
				  repealed 6/26/2016;
(3) "artificial
				  lure"
(A) means a lure that is man-made, free
				  of bait, and is used to attract fish for the purpose of taking fish;
(B) includes an artificial fly;
(4) "bag limit" means the maximum
				  legal take of fish per person per day, in the area in which the person is
				  fishing, even if part or all of the fish are immediately preserved; a fish when
				  landed and not immediately released becomes a part of the bag limit of the
				  person originally hooking it;
(5)
				  "closed season" means the time during which fish may not be taken;
(6) "closed waters" means waters designated
				  by the board wherein it is illegal to take fish;
(7) "char" means all char including Dolly
				  Varden, Arctic char, Mackinaw or lake trout, and eastern brook trout;
(8) "charter vessel" means a vessel used for
				  hire in the sport, personal use, or subsistence taking of fish or shellfish,
				  and not used on the same day for any other commercial fishing purpose; a
				  charter vessel does not include a vessel or skiff without a charter vessel
				  operator;
(9) "drainage" means all
				  of the waters comprising a watershed including tributary rivers, streams,
				  sloughs, ponds, and lakes which contribute to the water supply of the
				  watershed;
(10) "fresh water" means
				  all inland waters; inland waters are separated from salt water at the mouths of
				  creeks, streams and rivers at a line between extremities of the latter's banks
				  at a mean low tide or at a point to be determined and adequately marked by the
				  department;
(11) "grayling" means
				  Arctic grayling;
(12) "length of
				  fish" means the length from the tip of the snout to the tip of the tail (total
				  length);
(13) "local representative
				  of the department" means
(A) the nearest or
				  most accessible professional employee of the department;
(B) a person designated by the commissioner
				  or by a professional employee of the department to perform specific functions
				  for the department; or
(C) a law
				  enforcement officer of the Department of Public Safety;
(14) "mark" or "marking" means all forms of
				  skin alterations, fin clipping or other mutilation, or insertion of foreign
				  materials in live fish that permit later identification;
(15) "molesting" means the harassing,
				  disturbing, or interfering with fish by any means, including the use of any
				  missile or object not established as legal gear; molesting includes dragging,
				  kicking, throwing, striking, or otherwise abusing a fish that is intended to be
				  released;
(16) "multiple hook"
				  means a fish hook with two or more points with or without barbs;
(17) "open season" means the time during
				  which fish may lawfully be taken; each period of time prescribed as an open
				  season shall be construed to begin at 12:01 a.m. on the first day and end at
				  midnight of the last day thereof;
(18) "peace officer of the state" means a
				  person defined in
				  AS
				  16.05.150;
(19) "pike" means northern pike;
(20) "possession limit" means the maximum
				  number of unpreserved fish, except halibut, that a person may have in
				  possession;
(21) "preserved fish"
				  means fish prepared in such a manner, and in an existing state of preservation,
				  as to be fit for human consumption after a 15-day period, and does not include
				  unfrozen fish temporarily stored in coolers that contain ice or dry ice or fish
				  that are lightly salted;
(22)
				  "rockfish" means all fish of the genus
Sebastes
, including
				  pelagic rockfish and non-pelagic rockfish;
(23) "salmon" means all salmon, including the
				  five species of Pacific salmon;
(24) "salt water" means all marine waters:
				  marine waters are separated from fresh water at the mouths of streams, rivers
				  and creeks;
(25) repealed
				  6/30/84;
(26) "single hook" means a
				  fish hook with only one point with or without a barb;
(27) "stream mouth" means the downstream
				  point defined as a straight line running from the most downstream extremity on
				  one streambank to the most downstream extremity on the other streambank, or a
				  point defined and marked by the department;
(28) "toxicant" means any material or
				  chemical that upon introduction into the waters of Alaska by direct or indirect
				  means will kill, stun or drive fish from their natural repose;
(29) "transport" means ship, transport,
				  carry, import, export or receive or deliver for shipment, transportation,
				  carriage or export;
(30) "trout"
				  includes rainbow, steelhead and cutthroat;
(31) "waters of Alaska" has the same meaning
				  given in 5 AAC 39 .975;
(32) "year"
				  means the calendar year from January 1 through December 31;
(33) "area" means a regulatory management
				  area as described in
				  5 AAC 47.005,
				  5 AAC 52.005,
				  5 AAC 55.005,
				  5 AAC 56.105,
				  5 AAC 57.105,
				  5 AAC 58.005,
				  5 AAC 59.105,
				  5 AAC 60.105,
				  5 AAC 61.105,
				  5 AAC 62.105,
				  5 AAC 64.005,
				  5 AAC 65.005,
				  5 AAC 67.005,
				  5 AAC 69.105,
				  5 AAC 70.005,
				  5 AAC 71.005,
				  5 AAC 73.005, and
				  5 AAC 74.005;
(34) "charter vessel operator" means a person
				  engaged in carrying any person on board a vessel for any valuable consideration
				  that passes directly or indirectly to the vessel's owner, operator, or a person
				  with a financial interest in the vessel;
(35) "flowing waters" means all fresh waters,
				  excluding lakes and ponds, that have a detectable current, including all
				  creeks, streams, and rivers draining into, between, and out of all lakes and
				  ponds, and all intertidal waters upstream of the stream mouth, as "stream
				  mouth" is defined in
				  5 AAC 75.995;
(36) "bait" means any substance applied to
				  fishing gear for the purpose of attracting fish by scent, including fish eggs
				  in any form, natural or preserved animal, fish, fish oil, shellfish, or insect
				  parts, natural or processed vegetable matter, and natural or synthetic
				  chemicals;
(37) repealed
				  4/23/98;
(38) "shellfish" means all
				  shellfish and marine invertebrates;
(39) "client" means a person who is a member
				  of a fishing party that engages or uses a person to provide sport fishing guide
				  services and who is not a sport fishing guide or sport fishing guide
				  crewmember;
(40) "closely attended"
				  means that the line or strike indicator is within the view of and is accessible
				  to the angler at all times;
(41)
				  "sport fishing guide" means a person who provides sport fishing guide services
				  to persons who are engaged in sport fishing;
(42) "sport fishing guide services"
(A) means assistance, for compensation or
				  with the intent to receive compensation, to a sport fisherman to take or to
				  attempt to take fish by accompanying or physically directing the sport
				  fisherman in sport fishing activities during any part of a sport fishing
				  trip;
(B) does not include
(i) sport fishing services; or
(ii) services provided by an assistant,
				  deckhand, or similar person who works directly under the supervision of and on
				  the same vessel as a sport fishing guide;
(43) "sport fishing services"
(A) means the indirect provision of
				  assistance, for compensation or with the intent to receive compensation, to a
				  person engaged in sport fishing in taking or attempting to take fish or
				  shellfish by a business that employs a sport fishing guide to provide sport
				  fishing guide services to the person during any portion of a sport fishing
				  trip;
(B) does not include
(i) an activity for which a sport fishing
				  guide registration is required; or
(ii) booking and other ancillary services
				  provided by a tour broker or agent to a sport fishing services
				  operator;
(44)
				  "highway" has the meaning given in
				  AS
				  19.59.001;
(45) "set line" means an unattended line or
				  lines that have been set, staked, anchored, or otherwise fixed;
(46) "non-pelagic rockfish" includes all
				  rockfish species in the genus
Sebastes
that are not defined as
				  pelagic rockfish;
(47) "pelagic
				  rockfish" includes the following Sebastes species:
(A) dark
(S.
				  ciliatus)
;
(B) dusky
(S. variabilis)
;
(C) widow
(S.
				  entomelas)
;
(D) yellow
				  tail
(S. flavidus)
;
(E) black
(S.
				  melanops)
;
(F) deacon
(S. diaconus)
;
(48) "exclusive economic zone" means all
				  waters adjacent to the waters of Alaska and seaward to a boundary line drawn in
				  such a manner that each point on the line is 200 nautical miles from the
				  baseline from which the territorial sea is measured;
(49) "sport fishing guide crew member" means
				  a person who, for compensation or with intent to receive compensation for
				  services during a day or any portion of a day, provides assistance on board a
				  vessel to clients of a sport fishing guide or a sport fishing guide
				  operator;
(50) "spear"
(A) means a hand-operated shaft with a sharp
				  point or fork-like implement attached to one end, used to thrust through the
				  water to impale or retrieve fish;
(B) includes a Hawaiian sling or pole spear
				  which is a shaft propelled by a single loop of elastic material that is not
				  equipped with a mechanical release or trigger;
(51) "speargun" means a device designed to
				  propel a spear through the water by means of elastic bands, compressed gas, or
				  other mechanical propulsion to take fish that is equipped with a mechanical
				  release or trigger.
(52) repealed
				  3/28/2019;
(53) repealed
				  3/28/2019;
(54) repealed
				  3/28/2019;
(55) "bow and arrow"
				  means a long bow, recurve bow, compound bow, or crossbow, with an arrow with a
				  barbed tip attached by a line to the bow;
(56) "guided sport ecotourism fishing" means
				  taking or assisting another to take fish in order to demonstrate fishing
				  techniques or for other educational purposes; where all fish taken are returned
				  to the water unharmed for compenstaion or with the intent to recieve
				  compensation;
(57) "squid jig" means
				  an artificial lure that may not exceed 24-inches in total length, used to
				  target squid, that consists of barbless hook clusters and may not contain any
				  barbed hooks.