5 AAC 61.065. Riparian Habitat Fishery Management Plan

(a) The Board of Fisheries (board) finds that freshwater fisheries in upper Cook Inlet, including the Kenai Peninsula Area, subject to access limitations of federal, state, and local landowners, are a recognized use of the fishery resources of upper Cook Inlet. The board also finds that, in some situations, freshwater fisheries are negatively impacting riparian habitats of upper Cook Inlet.

(b) The board recognizes the importance of maintaining the structural and functional integrity of upper Cook Inlet riparian habitats. Given this, the board will consider, as part of its deliberations, avoidable impacts to upper Cook Inlet riparian habitats related to recreational fishing.

(c) If the commissioner determines that freshwater fisheries are likely to result in riparian habitat loss that could negatively affect the fishery resources of upper Cook Inlet, the commissioner may close, by emergency order, those riparian areas to fishing. This authority extends only to riparian areas in which there is a state, federal, or municipal property interest. The commissioner may reopen, by emergency order, those riparian areas to fishing if the commissioner determines that such openings will not compromise the integrity of the riparian habitats the emergency order is designed to protect. During seasons in areas opened by emergency order, fishing is only open at times selected by the commissioner at the commissioner's discretion, and fishing is only open from the following, selected at the commissioner's discretion:

(1) boats;

(2) boardwalks or similar structures;

(3) docks;

(4) gravel bars;

(5) natural formations identified by the commissioner; or

(6) other areas identified by the commissioner as areas where use for fishing will not compromise the integrity of the habitat the closure is designed to protect.

History: Eff. 5/22/96, Register 138; am 2/25/98, Register 145

Authority: AS 16.05.060

AS 16.05.251

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