Section 5.57.180. Riparian Habitat Fishery Management Plan for the Kenai River Drainage Area.

	(a)  The Board of Fisheries (board) finds that freshwater fisheries in upper Cook Inlet, including the Kenai River Drainage 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 which 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.  
	(d)  From July 1 through August 15, the following Kenai River riparian habitats are closed to all fishing, except fishing from a boat that is located more than 10 feet from shore and not connected to the shore or any riparian habitat:  
		(1) on the north bank of the Kenai River, between ADF&G regulatory markers located at river mile 6.6 and river mile 6.8;  
		(2) in the Alaska State Park's Eagle Rock Unit, on the south bank of the Kenai River, between ADF&G regulatory markers located at river mile 10.7 and river mile 12.0;  
		(3) on islands located between river miles 11 and 14 and at river miles 17.0 and 17.3;  
		(4) at the Alaska State Park's Pillars Unit, on the north bank of the Kenai River, between ADF&G regulatory markers located at river mile 12.4 and river mile 12.6;  
		(5) at the Alaska State Park's Honeymoon Cove Unit, on the south bank of the Kenai River, between ADF&G regulatory markers located at river mile 12.5 and river mile 13.0;  
		(6) on the north bank of the Kenai River, between ADF&G regulatory markers located at river mile 13.2 and river mile 13.5;  
		(7) on the west bank of the Kenai River, between ADF&G regulatory markers located at river mile 14.0 and river mile 14.4;  
		(8) on the south bank of the Kenai River, between ADF&G regulatory markers located at river mile 14.4 and river mile 14.6;  
		(9) on the west bank of the Kenai River, between ADF&G regulatory markers located at river mile 17.5 and river mile 17.6;  
		(10) on the north bank of the Kenai River, between ADF&G regulatory markers located at river mile 18.6 and river mile 18.8;  
		(11) on the north bank of the Kenai River, between ADF&G regulatory markers located at river mile 18.9 and at river mile 20.2;  
		(12) on the south bank of the Kenai River, between ADF&G regulatory markers located at river mile 20.9 and river mile 21.0;  
		(13) at the Soldotna Airport property, on the south bank of the Kenai River, between ADF&G regulatory markers located at river mile 22.7 and river mile 23.5;  
		(14) on the south bank of the Kenai River, between ADF&G regulatory markers located at river mile 23.8 and river mile 24.2;  
		(15) on the south bank of the Kenai River, between ADF&G regulatory markers located at river mile 26.4 and river mile 30.0;  
		(16) on the north bank of the Kenai River from an ADF&G regulatory marker located at the upstream edge of the boat ramp at the end of Keystone Drive at approximately river mile 27.3, upstream to ADF&G regulatory markers located at the Kenai National Wildlife Refuge boundary delineated by the power line at river mile 28.0;  
		(17) in the Caymas Subdivision, on the north bank of the Kenai River, between ADF&G regulatory markers located at river mile 31.8 and river mile 32.3;  
		(18) on the south bank of the Kenai River, between ADF&G regulatory markers located at river mile 31.5 and river mile 32.5;  
		(19) at the Alaska State Park's Nilnunqua Unit, on the south bank of the Kenai River, between ADF&G regulatory markers located at river mile 36.0 and river mile 36.6;  
		(20) on the north bank of the Kenai River, between ADF&G regulatory markers located approximately 150 feet apart at approximately river mile 44.6;  
		(21) on the north bank of the Kenai River, between ADF&G regulatory markers located at river mile 45.8 and river mile 46.3;  
		(22) at Jim's Landing, on the north bank of the Kenai River, from an ADF&G regulatory marker located at the large rock at river mile 69.7 to an ADF&G regulatory marker located just downstream from the boat launch;  
		(23) on lands commonly referred to as Sportman's, on the north bank of the Kenai River, upstream from the ferry crossing from an ADF&G regulatory marker located at river mile 73.5 to an ADF&G regulatory marker located at river mile 73.6;  
		(24) on the south bank of the Kenai River, near river mile 82.0 at the outlet of Kenai Lake, from an ADF&G regulatory marker located at the Sterling Highway bridge to an ADF&G regulatory marker located approximately 1,000 feet downstream;  
		(25) on the north bank of the Kenai River, between ADF&G regulatory markers located at river mile 22.0 and river mile 22.1.  
	(e)  For purposes of this section, "riparian habitat" means all areas within 10 feet in either direction from the Kenai River waterline.  

Authorities

16.05.060;16.05.251

Notes

Reference

5 AAC 57.121
5 AAC 57.122

Authority

AS 16.05.060 AS 16.05.251 ________________________

History

Eff. 10/1/2006, Register 179; am 5/18/2014, Register 210