Section 5.01.220. Lawful gear and gear specifications.

	(a)  Salmon may be taken only by gillnet, beach seine, a hook and line attached to a rod or pole, handline, or fish wheel, subject to the restrictions set out in this section, 5 AAC 01.210, and 5 AAC 01.225 - 5 AAC 01.249.  
	(b)  Repealed 5/15/93.  
	(c)  Repealed 5/11/85.  
	(d)  In District 4, commercial fishermen may not take salmon for subsistence purposes during the commercial salmon fishing season by gillnets larger than six-inch mesh after a date specified by emergency order issued between July 10 and July 31.  
	(e)  In Districts 4, 5, and 6, salmon may not be taken for subsistence purposes by drift gillnets, except as follows:  
		(1) in Subdistrict 4-A upstream from the mouth of Stink Creek,  
			(A) king salmon may be taken by drift gillnets from June 10 through July 14, unless closed by emergency order;  
			(B) from June 10 through August 2, the commissioner may open, by emergency order, fishing periods during which chum salmon may be taken by drift gillnets; and  
			(C) chum salmon may be taken by drift gillnets after August 2;  
		(2) in Subdistrict 4-A downstream from the mouth of Stink Creek,  
			(A) king salmon may be taken by drift gillnets from June 10 through July 14, unless closed by emergency order;  
			(B) from June 10 through August 2, the commissioner may open, by emergency order, fishing periods during which chum salmon may be taken by drift gillnets;  
		(3) a person may not operate a drift gillnet that is more than 150 feet in length during the seasons described in (1) and (2) of this subsection.  
	(f)  Unless otherwise specified in this section, fish other than salmon and halibut may be taken only by set gillnet, drift gillnet, beach seine, fish wheel, longline, fyke net, dip net, jigging gear, spear, a hook and line attached to a rod or pole, handline, or lead, subject to the following restrictions, which also apply to subsistence salmon fishing:  
		(1) a commercial fisherman may not operate more than one type of gear at the same time, for commercial, personal use, and subsistence purposes;  
		(2) the aggregate length of set gillnet in use by an individual may not exceed 150 fathoms and each drift gillnet in use by an individual may not exceed 50 fathoms in length;  
		(3) in Districts 4, 5, and 6, subsistence fishing gear may not be set within 200 feet of other operating commercial, personal use, or subsistence fishing gear, except as follows:  
			(A) at the site approximately one mile upstream from Ruby on the south bank of the Yukon River between ADF&G regulatory markers containing the area known locally as the "Slide," subsistence fishing gear may be set within 200 feet of other operating commercial or subsistence fishing gear;  
			(B) in District 4, from Old Paradise Village upstream to a point four miles upstream from Anvik, there is no minimum distance requirement between fish wheels;  
			(C) a person may operate a dip net within 200 feet of another person operating a dip net;  
		(4) a gillnet may not obstruct more than one-half the width of any fish stream and any channel or side channel of a fish stream; a stationary fishing device may not obstruct more than one-half the width of any salmon stream and any channel or side channel of a salmon stream, except that in Racetrack Slough off of the Koyukuk River and in the sloughs of the Huslia River drainage, from when each river is free of ice through June 15, the offshore end of a set gillnet may not be closer than 20 feet from the opposite bank, unless closed by emergency order;  
		(5) during the commercial salmon fishing season, within the Yukon River and the Tanana River below the confluence of the Wood River, drift gillnets and fish wheels may be used only during open subsistence salmon fishing periods;  
		(6) in that portion of Beaver Creek, not included in the nonsubsistence area specified in 5 AAC 99.015(a)(4), gillnet mesh size may not exceed three inches;  
		(7) in Birch Creek, gillnet mesh size may not exceed three inches;  
		(8) in the South Fork of the Koyukuk River drainage upstream from the mouth of the Jim River, and in the Middle Fork of the Koyukuk River drainage upstream from the mouth of the North Fork, gillnet gear may be used only from August 20 through June 30 and a gillnet mesh size may not exceed three and one-half inches; a subsistence permit is required as specified in 5 AAC 01.230(b)(9);  
		(9) during the subsistence fishing closures specified in 5 AAC 01.210(b), all salmon gillnets with a mesh size greater than four inches must be removed from the water and fish wheels may not be operated;  
		(10) a beach seine may not be constructed of monofilament web and may not exceed  
			(A) 150 fathoms in length;  
			(B) 100 meshes in depth;  
			(C) a mesh size of four inches stretched measure.  
	(g)  Repealed 6/10/98.  
	(h)  Pike may not be taken with gillnets in the waters of the Tolovana River drainage from October 15 through April 14.  
	(i)  Halibut may be taken only by a single hand-held line with no more than three hooks attached.  
	(j)  Repealed 6/17/98.  
	(k)  A person may use a hook and line attached to a rod or pole when subsistence fishing only  
		(1) in the waters between the latitude of Point Romanof and the latitude of the westernmost point of the Naskonat Peninsula, including those waters draining into the Bering Sea and those of the Yukon River drainage downstream from the lower mouth of Paimiut Slough; or  
		(2) through the ice.  
	(l)  In District 4, from September 21 through May 15, jigging gear may be used from shore ice.  
	(m)  Notwithstanding the provisions of (d), (e)(2), and (f)(2) of this section, during times when the commissioner determines that it is necessary for the conservation of chum salmon, the commissioner may, by emergency order, close the fishing season in the Yukon Area and immediately reopen the season in that area during which one or more of the following gear limitations may be implemented:  
		(1) a gillnet used to take fish  
			(A) must be of four-inch or less mesh or eight-inch or greater mesh;  
			(B) for a gillnet of four-inch or less mesh, may not exceed the length specified by the commissioner in the emergency order;  
			(C) for a gillnet of eight-inch or greater mesh, may not exceed the length specified in (f) of this section;  
		(2) for fish wheels:  
			(A) a fish wheel used to take fish must be equipped with a livebox that is constructed so that it contains no less than 45 cubic feet of water volume while it is in operation; the operator must closely attend the fish wheel while it is in operation, and all chum salmon must be immediately released to the water alive from the livebox;  
			(B) repealed 5/22/2016;  
			(C) repealed 6/17/2001;  
			(D) a person may operate a fish wheel without a livebox if  
				(i) the fish wheel is equipped with a chute that returns fish captured by the fish wheel to the water alive;  
				(ii) the person closely attends the fish wheel while it is in operation; and  
				(iii) the person returns all chum salmon caught to the water alive; and  
		(3) dip nets may be used; however, all chum salmon caught with a dip net must be released to the water alive.  
	(n)  Notwithstanding the provisions of (d), (e)(2), and (f)(2) of this section, during times when the commissioner determines that it is necessary for the conservation of king salmon, the commissioner may, by emergency order, close the fishing season in the Yukon Area and immediately reopen the season in that area during which one or more of the following gear limitations may be implemented:  
		(1) a gillnet used to take fish  
			(A) must be of six-inch or less mesh;  
			(B) may not exceed the length and depth specified by the commissioner in the emergency order;  
		(2) for fish wheels:  
			(A) a fish wheel used to take fish must be equipped with a livebox that is constructed so that it contains no less than 45 cubic feet of water volume while it is in operation; the operator must closely attend the fish wheel while it is in operation, and all king salmon must be immediately released to the water alive from the livebox;  
			(B) repealed 5/22/2016;  
			(C) a person may operate a fish wheel without a livebox only if  
				(i) the fish wheel is equipped with a chute that returns fish captured by the fish wheel to the water alive;  
				(ii) the person closely attends the fish wheel while it is in operation; and  
				(iii) the person returns all king salmon caught to the water alive;  
		(3) dip nets may be used; however, all king salmon caught with a dip net must be released to the water alive;  
		(4) a beach seine may be used; however, all king salmon caught with a beach seine must be released to the water alive.  
	(o)  For the purposes of this section, a "livebox" is a submerged container that is attached to a fish wheel and that will keep fish caught by the fish wheel alive.  
	(p)  In the Yukon Area, notwithstanding any other provision of this section that allows a person to take salmon with a gillnet that has a mesh size greater than seven and one-half inches, a person may not take salmon with a gillnet that has a mesh size greater than seven and one-half inches.  

Authorities

16.05.060;16.05.251;16.05.258

Notes

Reference

5 AAC 01.010
5 AAC 01.210

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 01.220(a), (d), (e), (f)(1), (f)(2), (f)(4), and (g) - (j) 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 9/22/84, Register 91; am 5/11/85, Register 94; am 5/31/87, Register 102; 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 8/17/94, Register 131; 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 7/5/2000, Register 155; am 6/17/2001, Register 158; am 5/19/2004, Register 170; am 8/23/2009, Register 191; am 5/19/2010, Register 194; am 5/12/2011, Register 198; am 7/13/2012, Register 203; am 5/24/2015, Register 214; am 5/22/2016, Register 218

References

5.01.220