Title 5 . Fish and Game

Chapter 1 . Transportation, Possession and Release of Live Fish; Aquatic Farming

Section 320. Lawful gear and gear specifications

5 AAC 01.320. Lawful gear and gear specifications

(a) Within any district, salmon, herring, and capelin may be taken only by drift and set gillnets.

(b) Outside the boundaries of any district, salmon may only be taken by set gillnet, except that salmon may also be taken as follows:

(1) by spear in the Togiak River, excluding its tributaries;

(2) from August 30 through September 30, by spear, dip net, and gillnet along a 100 yard length of the west shore of Naknek Lake near the outlet to the Naknek River as marked by ADF&G regulatory markers;

(3) from August 15 through September 15, by spear, dip net, and gillnet at Johnny's Lake on the northwestern side of Naknek Lake;

(4) from October 1 through November 15, by spear, dip net, and gillnet at the mouth of Brooks River at Naknek Lake;

(5) at locations and times specified in (2) - (4) of this subsection,

(A) gillnets may not exceed five fathoms in length and may not be anchored or tied to a stake or peg;

(B) the permit holder must be present at the net while the net is being fished.

(c) The maximum lengths for set gillnets used to take salmon are as follows:

(1) set gillnets may not exceed 10 fathoms in length in

(A) the Naknek, Egegik, and Ugashik Rivers;

(B) the Nushagak District during the emergency order subsistence openings described in 5 AAC 01.310(b) ;

(C) all waters upstream of a line between an ADF&G regulatory marker located two statute miles south of Bradford Point and an ADF&G regulatory marker at Nushagak Point to an ADF&G regulatory marker located at Red Bluff on the west shore of Wood River and to an ADF&G regulatory marker located at Lewis Point on the north shore of the Nushagak River; and

(D) repealed 5/31/98;

(2) in the remaining waters of the area, set gillnets may not exceed 25 fathoms in length.

(d) No part of a set gillnet may be operated within 300 feet of any part of another set gillnet, except that

(1) the Nushagak District from an ADF&G regulatory marker located two statute miles below Bradford Point to an ADF&G regulatory marker located at Red Bluff on the west shore of Wood River, no part of a set gillnet may be operated within 100 feet of any part of another set gillnet;

(2) on the north shore of the Naknek River, from an ADF&G regulatory marker located approximately 300 feet upstream from the north commercial fishing section boundary marker to an ADF&G regulatory marker located approximately 1,300 feet upstream from the north commercial fishing section boundary marker, no part of a set gillnet may be operated within 100 feet of any part of another set gillnet;

(3) in the Naknek River Special Harvest Area described in 5 AAC 06.360(b) , when it is open to commercial set gillnet gear, no part of a set gillnet may be operated within 150 feet of any part of another set gillnet; when the Naknek-Kvichak District reopens to commercial set gillnet gear, the 300-foot restriction for subsistence set gillnets in this subsection will apply in the Naknek River Special Harvest Area.

(e) No set gillnet may obstruct more than one-half the width of a stream.

(f) Each set gillnet must be staked and buoyed. Instead of complying with 5 AAC 01.010(h) , a subsistence fisherman may plainly and legibly inscribe that person's first initial, last name, and subsistence permit number on a sign at or near the set gillnet.

(g) No person may operate or assist in operating subsistence salmon net gear while simultaneously operating or assisting in operating commercial salmon net gear.

(h) Fish, other than salmon, herring, capelin, and halibut, may be taken by gear listed in 5 AAC 01.010(a) unless restricted under the terms of a subsistence fishing permit.

(i) Herring spawn on kelp may be taken only by hand picking and hand operated rakes.

(j) During closed commercial herring fishing periods gillnets used for the subsistence taking of herring or capelin may not exceed 25 fathoms in length.

(k) Halibut may be taken only with a single hand-held line with no more than two hooks attached.

( l ) Subsistence fishing by the use of a hook and line attached to a rod or pole is prohibited, except when fishing through the ice.

History: In effect before 1982; am 4/14/82, Register 82; am 4/16/83, Register 86; am 4/2/88, Register 105; am/readopt 5/15/93, Register 126; am 4/14/95, Register 134; am 5/14/98, Register 146; am 5/31/98, Register 146; am 6/17/2001, Register 158; am 6/22/2001, Register 158

Authority: AS 16.05.251

AS 16.05.258

Editor's note: At its February 23 - 27, 1993 meeting, the Board of Fisheries readopted 5 AAC 01.320(a) - (k) in their entirety without change, under ch. 1, SSSLA 1992 (the 1992 subsistence law), which repealed and reenacted AS 16.05.258 .