Section 5.77.682. Personal use salmon fishery.

	(a)  Salmon may only be taken under the authority of a personal use fishing permit.  
	(b)  The department shall adhere to the following when issuing personal use salmon fishing permits:  
		(1) the fishing effort must be allowed in places and during times when resource abundance will allow a harvest without jeopardizing the sustained yield of the stock and in a manner which provides for an orderly fishery;  
		(2) any gear must be allowed which is efficient and economical in light of local circumstances and which provides for an orderly harvest without waste of the resource;  
		(3) possession limits may be established if resources are limited relative to anticipated harvest levels;  
		(4) the department may not set any possession limit which jeopardizes the sustained yield of a stock;  
		(5) a permit is valid for the entire season in which it is issued;  
		(6) the department may require the permit holder to report daily harvests on the catch calendar which accompanies the permit.  
	(c)  The department will not issue a permit for the taking of king or coho salmon, but king and coho salmon taken incidentally by gear operated under the terms of a personal use permit for other salmon are legally taken and possessed for personal use purposes. The holder of a personal use salmon permit shall report any king or coho salmon taken in this manner on that permit holder's permit calendar. The possession limit for king salmon is two fish and the possession limit for coho salmon is six fish.  
	(d)  Salmon, trout, or char taken incidentally by gear operated under the terms of a personal use permit for salmon are legally taken and possessed for personal use purposes. A holder of a personal use permit shall report any salmon, trout, or char taken in this manner on the permit holder's permit calendar.  
	(e)  No person may possess personal use-taken and sport-taken salmon on the same day.  
	(f)  In the Taku River drainage, the total annual limit for each personal use sockeye salmon permit is five sockeye salmon for a household of one person and 10 sockeye salmon for a household of two or more persons.  
	(g)  Salmon may be taken by gear listed in 5 AAC 01.010(a) except as may be restricted on a personal use fishing permit and except as follows:  
		(1) in District 13, Redoubt Bay, gillnet or seine gear may not be used to take salmon in any waters of the bay closed to commercial salmon fishing;  
		(2) set gillnets may not be used to take salmon except  
			(A) in the mainstream and side channels, but not the tributaries, of the Chilkat River from the terminus to one mile upstream of Wells Bridge;  
			(B) in the Taku River drainage from the Taku River Lodge upstream to the United States/Canada border, salmon may be taken by set gillnets only;  
			(C) repealed 7/1/2015;  
			(D) set gillnets may be used in Yes Bay north of a line from Bluff Point to Syble Point, except within 500 yards of the terminus of Wolverine Creek; the personal use permit holder shall be physically present at the gillnet while it is in operation;  
		(3) in the Chilkat and Taku rivers and in Shipley Bay and Yes Bay, the personal use permit holder shall be physically present at the net while it is in operation;  
		(4) a gillnet may not exceed 50 fathoms in length, except in the Taku River a set gillnet may not exceed 15 fathoms in length;  
		(5) salmon may not be taken by the use of a line attached to a pole or rod.  
	(h)  Salmon may be taken at any time except  
		(1) as may be restricted under the terms of a personal use fishing permit;  
		(2) from July 7 through August 7, sockeye salmon may be taken in the waters of Klawock Harbor enclosed by a line from the northernmost tip of Klawock Island at 55_ 33.42' N. lat., 133_ 06.38' W. long. to Klawock Island Light to the Klawock Cannery Dock at 55_ 33.47' N. lat., 133_ 05.96' W. long., the Klawock River, and Klawock Lake only from 8:00 a.m. Monday until 5:00 p.m. Friday;  
		(3) in the Taku River drainage, sockeye salmon may be taken only in waters from the Taku River Lodge upstream to the United States/Canada border and only from July 1 through July 31.  
	(i)  The following waters are closed to the personal use taking of salmon:  
		(1) in District 13, Sitkoh Bay and the Sitkoh River drainage are closed to the taking of sockeye salmon;  
		(2) in District 15, Lynn Canal including Chilkat, Chilkoot and Lutak inlets, during the closed periods of the commercial salmon net fishery in the district.  
		(3) the Klawock River drainage upstream of the Klawock River Bridge.  
	(j)  Salmon taken for personal use or under personal use regulations may not be subsequently used as bait for commercial fishing purposes.  
	(k)  In the Ketchikan Management Area, in waters open to personal use salmon fishing under a household personal use salmon fishing permit, and unless otherwise specified in a terminal harvest area under 5 AAC 33 or 5 AAC 77.685, the possession and annual limits for salmon per household are as follows:  
		(1) sockeye salmon: the possession limit is 10 sockeye salmon, with an annual limit of 20 sockeye salmon, except as follows:  
			(A) District 1: in McDonald Lake, near Yes Bay, the possession and annual limit is 30 sockeye salmon;  
			(B) District 2: in the following waters, the possession limit is 12 sockeye salmon, with an annual limit of 50 sockeye salmon:  
				(i) Kegan River;  
				(ii) Thorne River;  
		(2) pink salmon: the possession limit is 150 pink salmon, with no annual limit;  
		(3) chum salmon: the possession limit is 25 chum salmon, with no annual limit.  
	(l)  In the Petersburg - Wrangell Management Area, in waters open to personal use salmon fishing under a household personal use salmon fishing permit, and unless otherwise specified in a terminal harvest area under 5 AAC 33 or 5 AAC 77.685, the possession and annual limits for salmon per household are as follows:  
		(1) sockeye salmon may not be taken for personal use, except that in District 6, in Hatchery Creek, sockeye salmon may be taken with a possession limit of six sockeye salmon and an annual limit of 18 sockeye salmon;  
		(2) pink salmon: the possession limit is 100 pink salmon, with no annual limit;  
		(3) chum salmon: the possession limit is 50 chum salmon, with no annual limit.  
	(m)  In the Sitka Management Area, sockeye salmon may not be taken for personal use, except that in Takanis Bay and Takanis Lake, combined, sockeye salmon may be taken under a household personal use salmon fishing permit with a possession and annual limit of 50 sockeye salmon per household.  
	(n)  In the Juneau Management Area, in waters open to personal use salmon fishing under a household personal use salmon fishing permit, and unless otherwise specified in a terminal harvest area under 5 AAC 33 or 5 AAC 77.685, the possession and annual limits for salmon per household are as follows:  
		(1) sockeye salmon may not be taken for personal use, except that in the following waters sockeye salmon may be taken with the following possession and annual limits:  
			(A) Sweetheart Creek: the possession limit is 25 sockeye salmon, with no annual limit;  
			(B) Taku River drainage: the possession and annual limit are as specified in (f) of this section;  
		(2) pink salmon: the possession limit is 150 pink salmon, with no annual limit;  
		(3) chum salmon: the possession limit is 50 chum salmon, with no annual limit.  
	(o)  In the Haines Management Area, salmon may not be taken for personal use, except that in the Taiya River, pink and chum salmon may be taken under a household personal use salmon fishing permit with a possession limit of 10 pink and chum salmon, combined, with an annual limit of 20 pink and chum salmon, combined, per household.  
	(p)  For the purposes of this section, the  
		(1) Ketchikan Management Area consists of the waters of the Southeastern Alaska Area in Districts 1 - 4;  
		(2) Petersburg-Wrangell Management Area consists of the waters of the Southeastern Alaska Area in Districts 5 - 8, Section 9-B, and District 10;  
		(3) Sitka Management Area consists of the waters of the Southeastern Alaska Area in Section 9-A, District 12 south of the latitude of Point Hayes and west of a line midway between the shoreline of Admiralty Island and the shorelines of Chichagof Island, Baranof Island, and Catherine Island, and District 13;  
		(4) Juneau Management Area consists of the waters of the Southeastern Alaska Area in Districts 11, 12, 14, and 16, except for those waters of District 12 described in (3) of this subsection;  
		(5) Haines Management Area consists of the waters of the Southeastern Alaska Area in District 15.  

Authorities

16.05.251

Notes

Reference

5 AAC 33.369
5 AAC 33.372
5 AAC 33.377
5 AAC 33.381
5 AAC 33.383

Authority

AS 16.05.251

History

Eff. 6/25/89, Register 110; am 5/29/93, Register 126; am 4/1/94, Register 129; am 12/1/2004, Register 172; am 5/31/2009, Register 190; am 7/13/ 2012, Register 203; am 7/1/2015, Register 214; am 6/5/2016, Register 218