Section 5 AAC 01.270 - Lawful gear and gear specifications and operation(a) Salmon may be taken only by gillnet, beach seine, a hook and line attached to a rod or pole, handline, dip net as defined in 5 AAC 07.365(c)(11)(A), or fish wheel subject to the restrictions set out in this section and 5 AAC 01.275, except that salmon may also be taken by spear in the Holitna River drainage, Kanektok River drainage, Arolik River drainage, and the drainage of Goodnews Bay.(b) The aggregate length of set gillnets or drift gillnets in use by any individual for taking salmon may not exceed 50 fathoms.(c) Fish other than salmon may be taken only by set gillnet, drift gillnet, beach seine, fish wheel, pot, longline, fyke net, dip net, jigging gear, spear, a hook and line attached to a rod or pole, handline, or lead.(d) Each subsistence set gillnet operated in tributaries of the Kuskokwim River must be attached to the bank, fished substantially perpendicular to the bank and in a substantially straight line.(e) In that portion of the Kuskokwim River drainage from the north end of Eek Island upstream to the mouth of the Kolmakoff River, no part of a set gillnet located within a tributary to the Kuskokwim River may be set or operated within 75 feet of any part of another set gillnet.(f) A gillnet may not obstruct more than one-half the width of any fish stream and any channel or side channel of a fish stream. A stationary fishing device may not obstruct more than one-half the width of any salmon stream and any channel or side channel of a salmon stream.(h) The maximum depth of gillnets is as follows: (1) gillnets with six-inch or smaller mesh may not be more than 45 meshes in depth;(2) gillnets with greater than six-inch mesh may not be more than 35 meshes in depth.(i) Halibut may be taken only by a single hand-held line with no more than three hooks attached to it.(j) Subsistence set and drift gillnets operated in Whitefish Lake in the Ophir Creek drainage may not exceed 15 fathoms in length.(k) A person may not operate more than one subsistence set or drift gillnet at a time in Whitefish Lake in the Ophir Creek drainage. A person operating a subsistence set or drift gillnet shall check the net at least once every 24 hours.(m) Notwithstanding (b) and (j) of this section, during times when the commissioner determines it to be necessary for the conservation of salmon, other than king salmon, the commissioner, by emergency order, may close the fishing season in any portion of the Kuskokwim Area and immediately reopen the season in that portion during which the following gear limitations apply: (1) a gillnet used to take fish (A) must be of seven and one-half inch or greater mesh, six-inch or less mesh, or four-inch or less mesh;(B) for a gillnet of four-inch or less mesh, may not exceed the length specified by the commissioner in the emergency order and the gillnet may only be operated as a set gillnet; no part of a set gillnet may be more than 100 feet from the ordinary high water mark;(C) for a gillnet of seven and one-half inch or greater mesh, may not exceed the length specified by the commissioner in the emergency order and the gillnet may only be operated as a set gillnet; no part of a set gillnet may be more than 100 feet from the ordinary high water mark;(D) for a gillnet of six-inch or less mesh, may not exceed the length specified by the commissioner in the emergency order and the gillnet may only be operated as a set gillnet; no part of a set gillnet may be more than 100 feet from the ordinary high water mark;(E) for a gillnet of four-inch or less, six-inch or less, or seven and one-half inches or greater, may not exceed the length specified by the commissioner in the emergency order;(2) for fish wheels: (A) except as provided in (B) of this paragraph, a fish wheel used to take fish 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; the livebox of a fish wheel must be checked at least once every six hours while the fish wheel is in operation and all salmon, other than king salmon, that are in the livebox must be released to the water alive as specified by the commissioner in the emergency order;(B) 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 salmon specified by the commissioner caught to the water alive;(3) for beach seine gear: any salmon specified by the commissioner in the emergency order taken in beach seine gear must be returned alive to the watery;(4) for dip nets: a person may fish for salmon with a dip net, and all salmon specified by the commissioner caught in a dip net must be released immediately and returned alive to the water.(n) Notwithstanding (b) and U) of this section, during times when the commissioner determines that it is necessary for the conservation of king salmon, the commissioner, by emergency order, may close the fishing season in any portion of the Kuskokwirn Area and immediately reopen the season in that portion during which one or more of the following gear limitations may be implemented: (1) for gillnets: (A) a gillnet mesh size may not exceed six inches; (B) a gillnet mesh size may not exceed four inches and the gillnet may only be operated as a set gill net; no part of a set gillnet may be more than 100 feet from the ordinary high water mark; (C) gillnet mesh size may not exceed six inches and the gillnet may only be operated as a set gillnet; no part of a set gillnet may be more than 100 feet from the ordinary high water mark;(D) a gillnet may not exceed the length specified by the commissioner in the emergency order, except that a longer gillnet may be used if no more than the specified length of the gillnet is in a fishing condition and the remainder of the gillnet is tied up or secured so that it is not in the water in a fishing condition;(2) for fish wheels: (A) except as provided in (B) of this paragraph, a fish wheel used to take fish 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; 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 in the livebox must be returned alive to the water; (B) 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 king salmon caught to the water alive;(3) for beach seine gear: any king salmon taken in beach seine gear must be released immediately and returned alive to the water;(4) for dip nets: a person may fish for salmon with a dip net and all king salmon caught in a dip net must be released immediately and returned alive to the water.(o) For the purposes of this section, a "livebox" is a submerged container, that is attached to a fish wheel and that will keep fish caught by the fish wheel alive.(p) A beach seine may not exceed (1) 50 fathoms in length;(3) a mesh size of three and one-half inches stretched measure.(q) In District 4 between June 1 and July 15, only one gillnet may be operated per vessel.In effect before 1988; am 4/2/88, Register 105; am/readopt 5/15/93, Register 126; am 7/3/94, Register 130; am 7/5/2000, Register 155; em am 7/8/2000 - 11/4/2000, Register 155; em am 5/29/2001, Register 158; am 6/17/2001, Register 158; am 5/19/2004, Register 170; am 8/23/2009, Register 191; am 5/24/2015, Register 214, July 2015; am 5/22/2016, Register 218, July 2016; am 6/28/2019, Register 230, May 2019; am 9/19/2019,Register 231, August 2019 ; am 6/21/2020, Register 234, July 2020; am 5/24/2023, Register 246, July 2023; am 6/25/2023, Register 246, July 2023Authority:AS 16.05.060
AS 16.05.251
AS 16.05.258