Section 5.18.331. Gillnet specifications and operations.

	(a)  Except as provided in (e) of this section, a CFEC permit holder may operate no more than two set gillnets, with no more than 150 fathoms of set gillnet in the aggregate.  
	(b)  Seine webbing no greater than 3.75 inch mesh size, or polypropylene webbing 3 millimeters or greater in diameter, may be used on the shoreward end of a set gillnet and the length of the seine webbing used may extend no more than 50 fathoms seaward of the beach at the lowest tide of the current day, except that in the Alitak District,  
		(1) in the Alitak Bay, Moser Bay, Olga Bay, Dog Salmon Flats, Inner Akalura, Outer Akalura, Outer Upper Station, and Inner Upper Station Sections, seine webbing may be used only from the high tide mark seaward, and no portion of the seine web may be in water deeper than five feet at the lowest tide of the current day;  
		(2) in the Alitak Bay Section and that portion of the Moser Bay Section south of a line from Bun Point to the opposite shore at 56_ 57.95' N. lat., 154_ 08.70' W. long., seine webbing may be used only from the high tide mark seaward, and must meet one of the following requirements:  
			(A) no portion of the seine web may be in water deeper than five feet at the lowest tide of the current day; or  
			(B) the length of seine webbing used may be no more than 20 fathoms per set.  
	(c)  Set gillnets must be operated in substantially a straight line, except that no more than 24 fathoms of a set gillnet may be used as a hook. A hook may be used in any configuration.  
	(d)  Except as provided in (i) of this section, the shoreward end of a set gillnet must be attached to a point of land that is exposed at the lowest tide of the day or to a rock that is within five feet of the surface at the lowest tide of the day. For the purpose of this section, "a rock" is any naturally located or created geological formation that shows no evidence of having been located or created through man-made means. A set gillnet may not be attached to the beach inside closed waters.  
	(e)  Two salmon set gillnet CFEC permit holders may form a joint venture and combine their gear under the following conditions:  
		(1) a permit must be obtained from a local representative of the department before a joint venture may start operations;  
		(2) only one permit per year will be issued for each joint venture;  
		(3) the permit must be signed by both CFEC permit holders and each must have a copy of the permit readily available for inspection;  
		(4) the permit may be canceled by the department upon the request of one of the joint venture operators;  
		(5) the gear and site markers required by 5 AAC 39.280 must bear the five-digit CFEC permit serial number of both permit holders;  
		(6) no single set gillnet may be more than 150 fathoms in length;  
		(7) a joint venture may operate no more than three set gillnets, with no more than 300 fathoms of gillnet gear in the aggregate; and  
		(8) both parties of the joint venture are legally responsible for the operation of all gear of the joint venture.  
	(f)  Set gillnet gear, including running lines, shore leads, anchors, and buoys, may not be placed in the water, and signs required by 5 AAC 18 or 5 AAC 39 may not be placed on the beach, before emergency order openings of the  
		(1) closed waters areas of Upper Olga Bay described in 5 AAC 18.350(a)(1)(B)(i); and  
		(2) Dog Salmon Flats Section; the provisions of this paragraph do not apply after December 31, 2016.  
	(g)  No gillnet may be more than 125 meshes in depth.  
	(h)  In the Alitak District, the shoreward end of a set gillnet may not begin further seaward, or in water deeper, than the limit specified for seine webbing in (b) of this section.  
	(i)  In the Alitak Bay, Moser Bay, and Olga Bay Sections, the shoreward end attachment point of a set gillnet must be attached to a point of land or rock that is no more than 2.1 feet below the surface of the water at mean lower low water at Alitak Bay. The shoreward end attachment point of a set gillnet in the Alitak Bay, Moser Bay, and Olga Bay Sections that is not above the surface of the water at all times  
		(1) must be certified, by a registered land surveyor, to be no more than 2.1 feet below the surface of the water at mean lower low water at Alitak Bay;  
		(2) must be marked with a permanent survey monument by a registered land surveyor;  
		(3) may not be below the survey monument; and  
		(4) may not be more than two horizontal feet from the survey monument; a set gillnet may not be attached to the beach inside closed waters; for the purpose of this subsection, a "registered land surveyor" is a land surveyor registered by the state under AS 08.48  and 12 AAC 36.  
	(j)  Repealed 5/1/2014.  

Authorities

16.05.251

Notes

Authority

AS 16.05.251

History

In effect before 1983; am 4/16/83, Register 86; am 5/11/85, Register 94; am 5/31/85, Register 94; am 6/2/88, Register 106; am 4/19/90, Register 114; am 7/23/94, Register 131; am 10/18/96, Register 140; am 5/4/2002, Register 162; am 4/9/2005, Register 174; am 4/25/2008, Register 186; am 5/1/2014, Register 210