Section 5.77.171. Lawful gear for personal use finfish fishing.

	(a)  In Subdistrict 6-C, finfish may be taken for personal use only by set gillnets and fish wheels as follows:  
		(1) a person may not operate more than one type of gear at the same time for commercial, personal use, and subsistence purposes;  
		(2) the aggregate length of a set gillnet may not exceed 150 fathoms;  
		(3) a person may not set or operate personal use fishing gear within 200 feet of other operating commercial, personal use, or subsistence fishing gear;  
		(4) a gillnet or fish wheel may not obstruct more than one-half the width of any fish stream and any channel or side channel of a fish stream;  
		(5) a household, as defined in 5 AAC 39.975, may not operate more than one fish wheel.  
	(b)  Notwithstanding (a) of this section, during times when the commissioner determines it to be necessary for the conservation of chum salmon, the commissioner may, by emergency order, close the Yukon Area Subdistrict 6-C personal use salmon fishing season and immediately reopen the season during which the following gear limitations apply:  
		(1) a gillnet used to take salmon  
			(A) must be four inches or less in mesh size or eight inches or greater in mesh size;  
			(B) that is four inches or less in mesh size, may not exceed the length and depth specified by the commissioner; and  
			(C) that is eight inches or greater in mesh size, may not exceed the length and depth specified by the commissioner;  
		(2) for fish wheels:  
			(A) a fish wheel used to take salmon must be equipped with a livebox that is constructed so that it contains no less than 45 cubic feet of water volume while it is in operation;  
			(B) the livebox of a fish wheel must be checked at least once every six hours while the fish wheel is in operation, and all chum salmon caught in the livebox must be returned to the water alive;  
			(C) a person may operate a fish wheel without a livebox only if  
				(i) the fish wheel is equipped with a chute that returns fish captured by the fish wheel to the water alive;  
				(ii) the person closely attends the fish wheel while it is in operation; and  
				(iii) the person returns all chum salmon caught to the water alive;   
		(3) dip nets may be used, however all chum salmon caught must be released to the water alive; notwithstanding (a)(3) of this section, a person may operate a dip net within 200 feet of another person operating a dip net.  
	(c)  Notwithstanding (a) of this section, during times when the commissioner determines it to be necessary for the conservation of king salmon, the commissioner may, by emergency order, close the Yukon Area Subdistrict 6-C personal use salmon fishing season and immediately reopen the season during which the following gear limitations apply:  
		(1) a gillnet used to take salmon  
			(A) must be six inches or less in mesh size;  
			(B) may not exceed the length and depth specified by the commissioner;  
		(2) for fish wheels:  
			(A) a fish wheel used to take salmon must be equipped with a livebox that is constructed so that it contains no less than 45 cubic feet of water volume while it is in operation;  
			(B) the livebox of a fish wheel must be checked at least once every six hours while the fish wheel is in operation, and all king salmon caught in the livebox must be returned to the water unharmed;  
			(C) person may operate a fish wheel without a livebox only if  
				(i) the fish wheel is equipped with a chute that returns fish captured by the fish wheel to the water alive;  
				(ii) the person closely attends the fish wheel while it is in operation; and  
				(iii) the person returns all king salmon caught to the water alive;  
		(3) dip nets may be used, however all king salmon caught must be released to the water alive; notwithstanding (a)(3) of this section, a person may operate a dip net within 200 feet of another person operating a dip net.  
	(d)  For the purposes of this section, "livebox" means a submerged container attached to a fish wheel that will keep fish caught by the fish wheel alive.   
	(e)  In Subdistrict 6-C, notwithstanding any other provision of this section that allows a person to take salmon with a gillnet that has a mesh size greater than seven and one-half inches, a person may not take salmon with a gillnet that has a mesh size greater than seven and one-half inches.  

Authorities

16.05.251

Notes

Authority

AS 16.05.251

History

Eff. 6/10/98, Register 146; am 6/17/2001, Register 158; am 8/24/2002, Register 163; am 8/23/2009, Register 191; am 5/19/2010, Register 194; am 7/13/2012, Register 203; am 5/22/2016, Register 218