IN THE SUPREME COURT FOR THE STATE OF ALASKA ORDER NO. 1256 Revision of Administrative Rule 43.2, Fish and Game Bail Forfeiture Schedule. IT IS ORDERED: 1. Administrative Rule 43.2 is revised as follows: Administrative Rule 43.2. Fish and Game Bail Forfeiture Schedule. Pursuant to AS 16.05.165(b), the following fish and game offenses are appropriate for disposition without court appearance upon payment and forfeiture of the bail amounts listed. If a person charged with one of these offenses appears in court and is found guilty, the penalty imposed for the offense may not exceed the bail amount for that offense listed below. An offense for which a bail forfeiture amount has been established shall be charged on a citation which meets the requirements of District Court Criminal Rule 8(c) and shall not be filed, numbered or processed as a criminal case. Statute or Regulation Description of Offense Bail AS 16.05.330(a) Sport fishing without license in possession $100 AS 16.05.330(a) Hunting without license in possession 125 AS 16.05.340(a)(17)(A) Taking waterfowl without state duck stamp 75 AS 16.05.340(a)(23)&(24) King Salmon Tag Required 50 AS 16.05.420 False statement on license application 200 AS 16.05.480(a) Crewmember fishing license required 150 AS 16.05.490(a) Vessel license required 200 AS 16.05.520(a) Vessel number plate 100 AS 16.05.680(1) Employ unlicensed crew 200 5 AAC 01.010(h) Identification of subsistence finfish fishing gear 100 5 AAC 01.010(i) Escape mechanism requirements for subsistence 100 fishing gear 5 AAC 01.240(c) Marking of subsistence taken king salmon 100 (lower Yukon River) 5 AAC 05.334(a) ID requirements for commercial salmon 200 drift gillnets (Yukon River) 5 AAC 05.334(b) ID requirements for commercial salmon 200 stationary gear (Yukon River) 5 AAC 07.334(a) ID requirements for commercial salmon 200 drift gillnets (Kuskokwim River) 5 AAC 07.334(b) ID requirements for commercial salmon 200 stationary gear (Kuskokwim River) 5 AAC 47.022(84) Single hook required/snagging prohibited (Thomas Basin-Ketchikan) 100 5 AAC 52.024(b) Failure to record king salmon landing 100 (Upper Copper River and Upper Susitna River area) 5 AAC 56.010(b) Taking red salmon in closed season 100 plus (Russian River) 20 per fish 5 AAC 56.010(c)(1-6) Taking king salmon 16" or more in closed 150 season (Kenai Peninsula) per fish 5 AAC 56.010(d-f) Taking rainbow trout in closed season 100 plus (Russian River/Kenai River area) 20 per fish 5 AAC 56.015(a) Rainbow/steelhead trout harvest record required 100 (freshwaters of the Kenai Peninsula) 5 AAC 56.015(b) Failure to record rainbow/steelhead trout landing 100 (freshwaters of the Kenai Peninsula) 5 AAC 56.017(a) King Salmon harvest record required 100 (freshwaters of the Kenai Peninsula) 5 AAC 56.017(b) Failure to record king salmon landing 100 (freshwaters of the Kenai Peninsula) 5 AAC 56.020(c) Fishing from a boat where prohibited after 100 taking a king salmon (Kenai River) 5 AAC 56.035(c)(1-2), Using other than unbaited, single-hook, 100 (j), (l), (m) artificial lures in specified waters (Kenai Peninsula) 5 AAC 56.035(f) Fishing from a boat where prohibited 100 (Kenai River) 5 AAC 56.035(g) Fishing from a boat on Monday where 100 prohibited (Kenai River) 5 AAC 58.017(a) King salmon harvest record required (Cook 100 Inlet-Resurrection Bay saltwater area) 5 AAC 58.017(b) Failure to record king salmon landing (Cook 100 Inlet-Resurrection Bay saltwater area) 5 AAC 58.020(c)(1) Over limit of razor clams 50 plus (Southern terminus of Kenai River to 2 per clam the southern most tip of the Homer Spit) 5 AAC 58.035(b) Snagging or attempting to snag where prohibited 125 (Cook Inlet north of a line extending west from Anchor Point) 5 AAC 58.035(e) Snagging or attempt to snag when prohibited 125 (saltwater of the Homer Spit, fishery enhancement lagoon) 5 AAC 61.010(f) Taking king salmon 16" or more in closed 150 (1 - 5) season per fish 5 AAC 61.010(h) Sport fishing during closed hours 100 plus (Susitna-West Cook Inlet area) 150 per king salmon and 20 per other salmon species 5 AAC 61.015(a) Rainbow/steelhead trout harvest record required 100 (Susitna-West Cook Inlet area) 5 AAC 61.015(b) Failure to record rainbow/steelhead trout 100 landing (Susitna-West Cook Inlet area) 5 AAC 61.017(a) King salmon harvest record required 100 (Susitna-West Cook Inlet area) 5 AAC 61.017(b) Failure to record king salmon landing 100 (Susitna-West Cook Inlet area) 5 AAC 61.035(c) Using other than unbaited, single-hook, 100 artificial lures in specified waters 5 AAC 61.035(d - e) Using other than unbaited, artificial lures 100 in specified waters 5 AAC 61.035(i) Use of bait where prohibited 100 (Susitna - West Cook Inlet area) 5 AAC 75.020 Sport fishing with more than one line 100 5 AAC 75.021 More than 2 lines, hooks, or lures while 50 ice fishing 5 AAC 75.022(a)(1) Using fixed or weighted hook - freshwater 100 5 AAC 75.022(a)(2) Multiple hook with gap larger than «" - 50 freshwater 5 AAC 75.022(a)(4) Unauthorized use of spear - sport fishing 100 5 AAC 75.022(a)(5) Unauthorized use of arrow - sport fishing 100 5 AAC 75.022(c) Attempt to snag - freshwater 125 5 AAC 75.022(c) Fail to release - freshwater 125 5 AAC 75.023(a)&(b) Illegal gear in single-hook waters 50 5 AAC 75.035(1) ID requirements for shellfish sport fishing gear 100 5 AAC 75.035(2) Escape mechanism requirements for shellfish 100 sport fishing gear 5 AAC 75.050(a)&(b) Sport fishing in closed waters 100 plus 20 per fish 5 AAC 77.010(a) Sport fish license required for personal 100 use fishing 5 AAC 77.010(f) Marking of personal use fish 75 5 AAC 92.010 Harvest ticket not in possession; 100 fail to validate 5 AAC 92.012(a) Taking waterfowl without federal duck stamp 75 5 AAC 92.012(a) Unsigned federal duck stamp 25 5 AAC 92.018 Unsigned state duck stamp 25 5 AAC 92.050(a)(7) Failure to cancel permit after killing big game 75 5 AAC 92.050(a)(8) Failure to submit permit hunt report 75 5 AAC 92.062(d) False information on application for Tier II 200 permit 5 AAC 92.080(1) Unlawfully taking game by shooting from, 300 on or across highway 5 AAC 92.100(a)(1-6) Taking migratory birds by illegal methods 100 5 AAC 92.100(b) Transportation of migratory bird without fully 50 feathered wing or head attached 5 AAC 92.100(c) Taking migratory birds before or after legal 50 plus shooting hours $2/minute 5 AAC 92.150(a) Possess mountain sheep without both horns 100 5 AAC 92.150(b) No evidence of sex attached 100 5 AAC 92.165 Fail to seal bear or possess unsealed bear skin 100 or skull 5 AAC 92.170 Fail to seal wolf, wolverine, lynx 100 5 AAC 92.200(d) Fail to submit required report 75 5 AAC 92.230 Feeding game 50 5 AAC 92.410(b) Fail to submit required report (This does not 75 include failure to salvage.) 5 AAC 93.060(except (f)) Failure To Pay Fee (Little Susitna Public Use 50 Facility) (This does not include commercial violations under subparagraph (f).) 5 AAC 95.515(4)(A) Refuse and waste (Little Susitna Public Use 100 Facility) 5 AAC 95.515(4)(D) Pets (Little Susitna Public Use Facility 50 5 AAC 95.515(4)(E) Assembly (Little Susitna Public Use Facility 50 5 AAC 95.515(4)(F) Fires (Little Susitna Public Use Facility 50 5 AAC 95.515(4)(H) Limit on number of persons/ vehicles (Little 50 Susitna Public Use Facility) 5 AAC 95.515(4)(I) Camping in designated areas (Little Susitna 50 Public Use Facility) 5 AAC 95.515(4)(J) Unattended campsite/vehicle (Little Susitna 50 Public Use Facility) 5 AAC 95.515(4)(K) Camping over 15 days or authorized limit 50 (Little Susitna Public Use Facility) 5 AAC 95.515(4)(L) Unauthorized concessions (Little Susitna Public 100 Use Facility) 5 AAC 95.515(4)(M) Traffic violations (Little Susitna Public Use 50 Facility) 5 AAC 95.515(4)(N) Violation of campground rules (Little Susitna 50 Public Use Facility) 2. Administrative Rule 43.2 is also revised to add the following offense: Statute or Regulation Description of Offense Bail 5 AAC 77.010(d) ID requirements for personal use $100 fishing gear This revision takes effect on the effective date of an amendment to 5 AAC 77.010(d) that corrects the typographical error in the second sentence of the regulation so that the public has clear notice of the conduct required by that sentence. The second sentence currently reads: "A keg or buoy attached to a pot must also be inscribed with the name of the U.S. Coast Guard number of the vessel used to operate the pot." 3. Administrative Rule 43.2 is also revised to add the following offense: Statute or Regulation Description of Offense Bail 5 AAC 77.518(2)(A) Over limit of razor clams 50 plus (From the terminus of the Kenai River to 2 per southernmost tip of Homer Spit) clam This revision takes effect on the effective date of an amendment to 5 AAC 77.518(2)(A) that corrects the typographical error in the regulation so that the public has clear notice of the conduct prohibited by the regulation. As currently written, the regulation first states that there are no bag limits in the area described, and then goes on to state a bag limit. DATED: August 22, 1996 EFFECTIVE DATE: September 15, 1996 ________________________________________ Chief Justice Compton ________________________________________ Justice Rabinowitz ________________________________________ Justice Matthews ________________________________________ Justice Eastaugh ________________________________________ Justice Fabe