5 AAC 47.045. Cutthroat and Rainbow Trout Management Plan

(a) The Board of Fisheries (board) finds that there are some fresh waters near communities in the Southeast Alaska Area that do not naturally produce cutthroat or rainbow trout that reach 12 inches in length, the minimum size limit for trout in the area. The board recognizes the importance of providing for harvest opportunities for trout in fresh waters near communities within the area.

(b) If the commissioner determines that a fresh water near a community does not produce trout at least 12 inches in length, the commissioner may open, by emergency order, a season and reduce the minimum size limit for trout to nine inches, establish a bag and possession limit of two fish, and prohibit the use of bait in that fresh water. The following four criteria must be met before the commissioner will authorize a nine inch minimum size limit for trout in a fresh water:

(1) there must be good road, trail, or boat access to the fresh water from a community;

(2) the fresh water must be landlocked or otherwise inaccessible to sea-run trout;

(3) there must be no documented history of the fresh water producing trout over 12 inches in length; and

(4) the department must have sampled the fresh water to determine length of trout present.

(c) The board also finds that residents of some communities in the Southeast Alaska Area do not have nearby fresh waters where anglers can fish for trout with bait throughout the year. The board recognizes that it is desirable for residents of these communities to be able to harvest trout with bait.

(d) If the commissioner determines that a community does not have nearby fresh waters where anglers can fish for trout with bait throughout the year, the commissioner may open, by emergency order, a season and designate one fresh water near that community to allow the use of bait, eliminate the minimum size limit for trout, and establish a bag and possession limit of two fish. The following two criteria must be met before the commissioner will authorize the use of bait throughout the year in a fresh water:

(1) the fresh water must be close to a community that has good road, trail, or boat access to the fresh water; and

(2) the fresh water must be landlocked or otherwise inaccessible to sea-run trout.

History: Eff. 9/28/97, Register 143

Authority: AS 16.05.060

AS 16.05.251

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