Section 5.01.210. Fishing seasons and periods.

	(a)  Unless restricted in this section, or in 5 AAC 01.220 - 5 AAC 01.249, salmon may be taken in the Yukon Area at any time.  
	(b)  When there are no commercial salmon fishing periods, the subsistence fishery in the Yukon River drainage will be based on a schedule implemented chronologically, consistent with migratory timing as the salmon run progresses upstream. The commissioner may alter fishing periods by emergency order, if the commissioner determines that preseason or inseason run indicators indicate it is necessary for conservation purposes. The fishing periods for subsistence salmon fishing in the Yukon River drainage will be established by emergency order as follows:  
		(1) Coastal District, Koyukuk River, Kantishna River, and Subdistrict 5-D: seven days per week;  
		(2) Districts 1 - 3: two 36-hour fishing periods per week;  
		(3) District 4, and Subdistricts 5-A, 5-B, and 5-C: two 48-hour fishing periods per week;  
		(4) District 6: two 42-hour fishing periods per week; and  
		(5) Old Minto Area: five days per week.  
	(c)  When there are commercial salmon fishing periods, in the following locations, in addition to subsistence fishing periods opened by emergency order, salmon may be taken for subsistence during commercial salmon fishing periods, except that salmon may not be taken for subsistence during the 24 hours immediately before the opening of the commercial salmon fishing season:  
		(1) District 4, excluding the Koyukuk River drainage: from June 15 through September 30, salmon may be taken for two 48-hour fishing periods per week, established by emergency order;  
		(2) District 5, excluding the Tozitna River drainage and Subdistrict 5-D;  
		(3) District 6, except  
			(A) the Kantishna River drainage and that portion of the Tanana River drainage upstream of the mouth of the Salcha River;  
			(B) in Old Minto Area, salmon may be taken from 6:00 p.m. Friday until 6:00 p.m. Wednesday.  
	(d)  During the commercial salmon fishing season when the department announces a commercial fishing closure that will last longer than five days, salmon may not be taken for subsistence during the following periods in the following districts:  
		(1) in District 4, excluding the Koyukuk River drainage, salmon may not be taken  
			(A) in Subdistrict 4-A, from 6:00 p.m. Sunday until 6:00 p.m. Tuesday;  
			(B) in Subdistricts 4-B and 4-C, from 6:00 p.m. Friday until 6:00 p.m. Sunday;  
		(2) in District 5, excluding the Tozitna River drainage and Subdistrict 5-D, salmon may not be taken from 6:00 p.m. Sunday until 6:00 p.m. Tuesday.  
	(e)  In Districts 1, 2, and 3, excluding the Innoko River drainage, salmon may not be taken for subsistence during the 24 hours immediately before the opening of the commercial salmon fishing season, and  
		(1) in Districts 1, 2, and 3,  
			(A) after the opening of the commercial salmon fishing season through July 15, salmon may not be taken for subsistence for 18 hours immediately before, during, and for 12 hours after each commercial salmon fishing period;  
			(B) after July 15, salmon may not be taken for subsistence for 12 hours immediately before, during, and for 12 hours after each commercial salmon fishing period;  
			(C) notwithstanding the provisions of (A) and (B) of this paragraph, if the commissioner determines it is necessary to ensure that reasonable opportunity for subsistence uses is being provided, the commissioner may, by emergency order, open a subsistence fishing period that may occur during times that are before, during, and after a commercial salmon fishing period;  
		(2) repealed 5/19/2010.  
	(f)  Repealed 5/19/2010.  
	(g)  The commissioner may establish, by emergency order, additional subsistence salmon fishing periods in Subdistricts 4-B and 4-C and Districts 5 and 6 to compensate for any lost fishing opportunities due to reductions in commercial salmon fishing time.  
	(h)  Except as provided in 5 AAC 01.225, and except as may be provided by the terms of a subsistence fishing permit, there is no closed season on fish other than salmon.  

Authorities

16.05.060;16.05.251;16.05.258

Notes

Reference

5 AAC 01.220
5 AAC 05.360
5 AAC 05.367

Authority

AS 16.05.060 AS 16.05.251 AS 16.05.258 Editor's note: At its February 23 - 27, 1993 meeting, the Board of Fisheries readopted 5 AAC 01.210(a), (b)(2) - (b)(4), (c), (e), and (f) in their entirety without change, under ch. 1, SSSLA 1992 (the 1992 subsistence law), which repealed and reenacted AS 16.05.258.

History

In effect before 1982; am 4/14/82, Register 82; am 4/16/83, Register 86; am 6/30/83, Register 86; am 5/11/85, Register 94; am 4/2/88, Register 105; am 7/16/92, Register 123; am/readopt 5/15/93, Register 126; am 7/3/94, Register 130; am 3/24/95, Register 133; am 6/21/97, Register 142; am 6/10/98, Register 146; am 6/17/98, Register 146; am 6/22/2001, Register 158; am 9/29/2001, Register 159; am 5/19/2004, Register 170; am 5/19/2010, Register 194; am 7/13/2012, Register 203; am 4/13/2013, Register 206

References

5.01.210