Section 5.39.290. Closed waters.

	(a)  Except as otherwise specified in this title, commercial fishing for salmon is prohibited at all times in the waters of Alaska that are  
		(1) within the fresh water of streams and rivers of this state;  
		(2) within 500 yards of the fresh water of a stream that is a salmon stream; and  
		(3) over the beds or channels of fresh water of streams and rivers of this state during all stages of the tide.  
	(b)  The department may post any closed area designated in (a) of this section by appropriate markers. The department shall place such markers as close as practically possible to the distance or location specified by the applicable regulation or emergency order. However, where markers have been deployed, it is unlawful to take salmon for commercial purposes on the streamward side of the area indicated by the markers and as described in (a) of this section.  
	(c)  Where markers as described above have been lost or destroyed or are not in place, the area closed to commercial salmon fishing is as specified by the applicable regulation or emergency order.  
	(d)  The Ugashik, Yukon and Kuskokwim Rivers, the Yakutat Area and any other river where a legal commercial fishery now exists are the only exceptions to this closure.  
	(e)  The points established for stream mouths listed in the Catalog of Waters Important for Spawning, Rearing, or Migration of Anadromous Fishes under 5 AAC 95.011 do not apply to enforcement of this section or other regulations limiting the distance that commercial fishing may occur from the fresh water of a stream that is a salmon stream.  

Authorities

16.05.251

Notes

Reference

5 AAC 01.425
5 AAC 01.575
5 AAC 01.648
5 AAC 05.350
5 AAC 11.351
5 AAC 15.350
5 AAC 18.350
5 AAC 21.350
5 AAC 21.368
5 AAC 24.350
5 AAC 24.367
5 AAC 27.350
5 AAC 27.530
5 AAC 27.580
5 AAC 40.010

Authority

AS 16.05.251

History

In effect before 1988; am 6/1/2013, Register 206; am 6/1/2013, Register 206