The Board under 5 AAC 77.001 “created a new category of fishing to replace subsistence fishing called personal use”. Personal use was created to replace subsistence fishing, not sport fishing.
Where as the Board has extensive regulatory powers under Sec. 16.05.251, none of them allow the board to require a license or impose a use tax on any user, these powers are reserved for and by the Alaska State Legislature:
Where as the Board has extensive regulatory powers under Sec. 16.05.330 Licenses, tags, and Subsistence permits; there is no fee or tax for a personal use permit:
Where as under 5 AAC 77.001. Intent and application of this chapter the board has created a new category of fishing to replace subsistence called personal use under the following regulation;
“ (a) The Board of Fisheries finds that
(3) there presently are areas of the state with harvestable surpluses of fish in excess of both spawning escapement needs and present levels of subsistence, commercial and sport uses; and
(4) it is necessary to establish a fishery classified as "personal use" because
(A) Since the sale of fish is not appropriate or permissible, this fishery cannot be classified as commercial;
(B) Since the use is not a customary and traditional use, this fishery cannot be classified as subsistence; and
(C) since the gear for this fishery is often different from that historically associated with sport fishing, this fishery should not be classified as a sport fishery, to prevent confusion among the public.
Since personal use by definition as established by the board is not a sport fishery it should not require a sport license. With the addition of the hatchery surcharge the cost of a Sport Fishing license has become cost prohibitive for many Alaskans.
Where as 5 AAC 77.010. Methods, means, and general restrictions requirethat:
(a) Finfish, shellfish, and aquatic plants may be taken for personal use only by a holder of a valid resident Alaska sport fishing license or by an Alaskan resident exempt from licensing under AS 16.05.400 .
Where as the Board has many regulatory powers to conserve and develop fisheries they do not have the authority to require a license to participate in this fishery absent guidance from the legislature. The requirement to have a sport fish license to participate in a personal use fishery costs the average family 100 dollars, which is excluding poorer residents from participating in this fishery. This is leading to a foregone harvestable surplus that should be harvested in many areas of the state. I hereby request the Board and the Department of Law delete the sport fish license provision from 5 AAC 77.010 (a) to allow all state residents to participate in this fishery with a personal use permit.
This petition was submitted today to the Board of Fisheries to elimnate the fees associated with PU fisheries. It makes sense to me as the BOF does not have the power to impose user fees, only the legislature.
I just thought people would like to see and comment on this.
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