Section 5.01.570. Lawful gear and gear specifications.

	(a)  Except in the nonsubsistence area described in 5 AAC 99.015(a)(3) and unless restricted in this section, 5 AAC 01.575, or under the terms of a subsistence fishing permit, fish may be taken only by gear listed in 5 AAC 01.010(a).  
	(b)  Salmon may be taken only as follows:  
		(1) in the Tyonek Subdistrict, by set gillnets not exceeding 10 fathoms in length, six inches in mesh size, and 45 meshes in depth;  
		(2) in the Port Graham, Koyuktolik, Port Chatham, and Windy Bay Subdistricts, and the waters of Seldovia Bay described in 5 AAC 01.566(1), by set gillnets not exceeding 35 fathoms in length, six inches in mesh size, and 45 meshes in depth;  
		(3) no part of a set gillnet may be set or operated within 600 feet of any part of another set gillnet;  
		(4) repealed 5/14/93;  
		(5) repealed 5/14/93;  
		(6) repealed 6/7/95;  
		(7) repealed 6/7/95.  
	(c)  No person may operate or assist in the operation of subsistence salmon net gear on the same day that person operates or assists in the operation of commercial salmon gear.  
	(d)  Repealed 5/11/85.  
	(e)  Bottomfish, except rockfish and lingcod, may be taken by legal gear for commercial bottomfish fishing in the area.  
	(f)  Smelt may be taken as provided in 5 AAC 01.599.  
	(g)  Herring may be taken only with gillnets. Gillnets used to take herring may not exceed 50 feet in length and two inches in mesh size.  
	(h)  Halibut may be taken only by a single hand-held line with not more than two hooks attached to it.  
	(i)  A gillnet may not be used in fresh water.  
	(j)  Dolly Varden may be taken in fresh water only by beach seines not exceeding 10 fathoms in length.  
	(k)  A person who holds a subsistence salmon set gillnet permit for the Tyonek Subdistrict must be physically present at the fishing site during operation of the net.  
	(l)  A person who holds a subsistence salmon set gillnet permit for the fishery described in 5 AAC 01.560(b)(8) must be physically present at the net site during the operation of that person's gillnet, and the gillnet must be marked as described in 5 AAC 01.010(h). For the purposes of this section, "operation" means the deployment of the gillnet, the removal of the gillnet, and the removal of fish from the gillnet.  
	(m)  Lingcod may be taken only by a single hand troll, single hand-held line, or single longline, none of which may have more than five hooks attached to it, except that lingcod taken incidentally in another subsistence finfish fishery may be retained for subsistence purposes subject to the limitations described in 5 AAC 01.560(l) and 5 AAC 01.595(c).   
	(n)  Rockfish may be taken only by a single hand troll, single hand-held line, or single longline, none of which may have more than five hooks attached to it, except that rockfish taken incidentally in another subsistence finfish fishery may be retained for subsistence purposes subject to the limitations described in 5 AAC 01.595(d).   

Authorities

16.05.251;16.05.258

Notes

Authority

AS 16.05.251 AS 16.05.258 Editor's note: At its November 8 - 20, 1992 meeting, the Board of Fisheries readopted 5 AAC 01.570(b)(1) - (b)(3), (c), (e) - (h), and (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 1981; am 5/6/81, Register 78; am 5/17/81, Register 78; am 5/11/85, Register 94; am 6/10/89, Register 110; em am 5/22/91 - 5/30/91, Register 118; am 7/21/91, Register 119; am/readopt 5/14/93, Register 126; am 5/6/94, Register 130; am 6/7/95, Register 135; am 9/29/95, Register 135; am 2/24/96, Register 137; am 4/22/99, Register 150; am 3/11/2001, Register 157; am 3/8/2002, Register 161; am 3/15/2008, Register 185; am 3/14/2009, Register 189

References

5.01.570