Section 5.21.365. Kasilof River Salmon Management Plan.

	(a)  This management plan governs the harvest of Kasilof River salmon excess to spawning escapement needs. It is the intent of the Board of Fisheries that Kasilof River salmon be harvested in the fisheries that have historically harvested them, including the methods, means, times, and locations of those fisheries. Openings in the areas historically fished must be consistent with escapement objectives for upper Cook Inlet salmon and with the Upper Cook Inlet Salmon Management Plan (5 AAC 21.363).  
	(b)  Achieving the lower end of the Kenai River sockeye salmon escapement goal shall take priority over not exceeding the upper end of the Kasilof River optimal escapement goal range of 160,000 - 390,000 sockeye salmon.  
	(c)  The commercial set gillnet fishery in the Kasilof Section shall be managed as follows:  
		(1) fishing will be opened as described in 5 AAC 21.310(b)(2) for regular weekly fishing periods, as specified in 5 AAC 21.320;  
		(2) from the beginning of the fishing season through July 7,  
			(A) the commissioner may, by emergency order, open additional fishing periods or extend regular weekly fishing periods to a maximum of 48 hours of additional fishing time per week;  
			(B) the fishery shall remain closed for at least one continuous 36-hour period per week to begin between 7:00 p.m. Thursday and 7:00 a.m. Friday;  
		(3) beginning July 8, the set gillnet fishery in the Kasilof Section will be managed as specified in 5 AAC 21.360(c); in addition to the provisions of 5 AAC 21.360(c), the commissioner may, by emergency order, limit fishing during the regular weekly periods and any extra fishing periods to those waters within one-half mile of shore, if the set gillnet fishery in the Kenai and East Forelands Sections are not open for the fishing period; if the commissioner determines that further restrictions are necessary to aid in achieving the lower end of the Kenai River escapement goal, the commissioner may, in an emergency order under this paragraph, further restrict fishing to within 600 feet of the high tide mark in the Kasilof Section;   
		(4) after July 8, if the Kasilof Section set gillnet fishery is restricted to fishing within the first one-half mile of shore, the commissioner may, by emergency order, open the KRSHA described in (f) of this section to both set and drift gillnet fishing using only one gillnet, for fishing periods not to exceed 48 hours in duration without one period of 24 consecutive hours of closure; the provisions in (f)(1) - (8) of this section apply during these openings;  
		(5) after July 15, if the department determines that the Kenai River late-run sockeye salmon run strength is projected to be less than 2,300,000 fish and the 390,000 optimal escapement goal for the Kasilof River sockeye salmon may be exceeded, the commissioner may, by emergency order, open fishing for an additional 24 hours per week in the Kasilof Section within one-half mile of shore and as specified in 5 AAC 21.360(c).  
	(d)  The personal use fishery will be managed as specified in 5 AAC 77.540(b) and (c).  
	(e)  Repealed 6/4/2008.  
	(f)  The commissioner may, by emergency order, open the Kasilof River Special Harvest Area (KRSHA) to the taking of salmon by gillnets when it is projected that the Kasilof River sockeye salmon escapement will exceed 365,000 fish. It is the intent of the Board of Fisheries (board) that the KRSHA should rarely, if ever, be opened under this subsection and only for conservation reasons. Before the commissioner opens the KRSHA, it is the board's intent that additional fishing time be allowed in the remainder of the Kasilof Section first, and secondly that the mandatory closures specified in regulation be reduced in duration, if necessary to meet the escapement goals contained within this and other management plans. The Kasilof River Special Harvest Area is defined as those waters within one and one-half miles of the navigational light located on the south bank of the Kasilof River, excluding waters of the Kasilof River upstream of ADF&G regulatory markers located near the terminus of the river and waters open to set gillnetting under 5 AAC 21.330(b)(3)(C)(ii) and (iii). The following apply within the special harvest area when it is open:  
		(1) set gillnets may be operated only within 1,200 feet of the mean high tide mark;  
		(2) a set gillnet may not exceed 35 fathoms in length;  
		(3) drift gillnets may not be operated in waters within 1,200 feet of the mean high tide mark;  
		(4) no more than 50 fathoms of drift gillnet may be used to take salmon;  
		(5) a permit holder may not use more than one gillnet to take salmon at any time;  
		(6) a person may not operate a gillnet outside the special harvest area when operating a gillnet in the special harvest area;  
		(7) there is no minimum distance between gear, except that a gillnet may not be set or operated within 600 feet of a set gillnet located outside of the special harvest area; and  
		(8) a vessel may not have more than 150 fathoms of drift gillnet or 105 fathoms of set gillnet on board.  
	(g)  The commissioner may depart from the provisions of the management plan under this section as provided in 5 AAC 21.363(e).  
	(h)  For the purposes of this section, "week" means a calendar week, a period of seven consecutive days beginning at 12:01 a.m. Sunday and ending at 12:00 midnight the following Saturday.  

Authorities

16.05.060;16.05.251

Notes

Reference

5 AAC 21.333
5 AAC 21.359
5 AAC 21.360

Authority

AS 16.05.060 AS 16.05.251

History

Eff. 4/18/86, Register 98; am 6/22/2002, Register 162; am 7/3/2002, Register 163; am 9/28/2002, Register 163; em am 7/20/2004 - 11/16/2004, Register 171; am 2/13/2005, Register 173; am 6/11/2005, Register 174; am 10/1/2006, Register 179; am 6/4/2008, Register 186; am 5/21/2011, Register 198; am 5/18/2014, Register 210