Section 5.01.270. Lawful gear and gear specifications and operation.

	(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 and 5 AAC 01.275, except that salmon may also be taken by spear in the Holitna River drainage, Kanektok River drainage, Arolik River drainage, and the drainage of Goodnews Bay.  
	(b)  The aggregate length of set gillnets or drift gillnets in use by any individual for taking salmon may not exceed 50 fathoms.  
	(c)  Fish other than salmon may be taken only by set gillnet, drift gillnet, beach seine, fish wheel, pot, longline, fyke net, dip net, jigging gear, spear, a hook and line attached to a rod or pole, handline, or lead.  
	(d)  Each subsistence gillnet operated in tributaries of the Kuskokwim River must be attached to the bank, fished substantially perpendicular to the bank and in a substantially straight line.  
	(e)  In that portion of the Kuskokwim River drainage from the north end of Eek Island upstream to the mouth of the Kolmakoff River, no part of a set gillnet located within a tributary to the Kuskokwim River may be set or operated within 150 feet of any part of another set gillnet.  
	(f)  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.  
	(g)  Repealed 5/19/2004.  
	(h)  The maximum depth of gillnets is as follows:  
		(1) gillnets with six-inch or smaller mesh may not be more than 45 meshes in depth;  
		(2) gillnets with greater than six-inch mesh may not be more than 35 meshes in depth.  
	(i)  Halibut may be taken only by a single hand-held line with no more than three hooks attached to it.  
	(j)  Subsistence set and drift gillnets operated in Whitefish Lake in the Ophir Creek drainage may not exceed 15 fathoms in length.  
	(k)  A person may not operate more than one subsistence set or drift gillnet at a time in Whitefish Lake in the Ophir Creek drainage. A person operating a subsistence set or drift gillnet shall check the net at least once every 24 hours.  
	(l)  Repealed 5/29/2001.  
	(m)  Notwithstanding (b) and (j) of this section, during times when the commissioner determines it to be necessary for the conservation of chum salmon, the commissioner, by emergency order, may close the fishing season in any portion of the Kuskokwim Area and immediately reopen the season in that portion during which the following gear limitations apply:  
		(1) a gillnet used to take fish  
			(A) must be of seven and one-half inch or greater mesh or four-inch or less 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 seven and one-half inch or greater mesh, may not exceed the length specified in (b) and (j) 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;  
			(B) the livebox of a fish wheel must be checked at least once every 12 hours while the fish wheel is in operation, and all chum salmon in the livebox must be returned alive to the water;  
			(C) repealed 6/17/2001;  
		(3) beach seine gear: any chum salmon taken in beach seine gear must be returned alive to the water.  
	(n)  Notwithstanding (b) and (j) of this section, during times when the commissioner determines that it is necessary for the conservation of king salmon, the commissioner, by emergency order, may close the fishing season in any portion of the Kuskokwim Area and immediately reopen the season in that portion during which one or more of the following gear limitations may be implemented:  
		(1) for gillnets;  
			(A) a gillnet mesh size may not exceed six inches;  
			(B) a gillnet mesh size may not exceed four inches and the gillnet may only be operated as a set gillnet; no part of a set gillnet may be more than 100 feet from the ordinary high water mark;  
			(C) a gillnet may not exceed the length specified by the commissioner in the emergency order, except that a longer gillnet may be used if no more than the specified length of the gillnet is in a fishing condition and the remainder of the gillnet is tied up or secured so that it is not in the water in a fishing condition;  
		(2) for fish wheels:  
			(A) except as provided in (B) of this paragraph, 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 livebox of a fish wheel must be checked at least once every six hours while the fish wheel is in operation, and all king salmon in the livebox must be returned alive to the water;  
			(B) 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) for beach seine gear: any king salmon taken in beach seine gear must be released immediately and returned alive to the water;  
		(4) for dip nets: a person may fish for salmon with a dip net, as defined in 5 AAC 39.105, and all king salmon caught in a dip net must be released immediately and returned alive to the water.  
	(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)  A beach seine may not exceed  
		(1) 50 fathoms in length;  
		(2) 100 meshes in depth;  
		(3) a mesh size of three and one-half inches stretched measure.  

Authorities

16.05.060;16.05.251;16.05.258

Notes

Reference

5 AAC 07.365

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 01.270(b) - (i) 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 1988; am 4/2/88, Register 105; am/readopt 5/15/93, Register 126; am 7/3/94, Register 130; am 7/5/2000, Register 155; em am 7/8/2000 - 11/4/2000, Register 155; em am 5/29/2001, Register 158; am 6/17/2001, Register 158; am 5/19/2004, Register 170; am 8/23/2009, Register 191; am 5/24/2015, Register 214; am 5/22/2016, Register 218

References

5.01.270