Section 5.56.180. Riparian Habitat Fishery Management Plan for the Kenai Peninsula Area.

	(a)  The Board of Fisheries (board) finds that freshwater fisheries in upper Cook Inlet, including the Kenai Peninsula Area, subject to access limitations of federal, state, and local landowners, are a recognized use of the fishery resources of upper Cook Inlet. The board also finds that, in some situations, freshwater fisheries negatively affect riparian habitats of upper Cook Inlet.  
	(b)  The board recognizes the importance of maintaining the structural and functional integrity of upper Cook Inlet riparian habitats. Given this, the board will consider, as part of its deliberations, avoidable impacts to upper Cook Inlet riparian habitats related to sport fishing.  
	(c)  If the commissioner determines that freshwater fisheries are likely to result in riparian habitat loss that could negatively affect the fishery resources of upper Cook Inlet, the commissioner may close, by emergency order, those riparian areas to fishing. This authority extends only to riparian areas in which there is a state, federal, or municipal property interest. The commissioner may reopen, by emergency order, those riparian areas to fishing if the commissioner determines that an opening will not compromise the integrity of the riparian habitats the emergency order is designed to protect. During seasons in areas opened by emergency order, the commissioner may establish fishing periods and may designate any or all of the following as locations from which fishing may occur:  
		(1) boats;  
		(2) boardwalks or similar structures;  
		(3) docks;  
		(4) gravel bars;  
		(5) natural formations identified by the commissioner;  
		(6) other areas identified by the commissioner as areas where use for fishing will not compromise the integrity of the habitat the closure is designed to protect.  

Authorities

16.05.060;16.05.251

Notes

Authority

AS 16.05.060 AS 16.05.251

History

Eff. 10/1/2006, Register 179