5 AAC 05.001. Application of this chapter. Requirements set out in this chapter apply to commercial fishing only, unless otherwise specified. Subsistence, personal use, and sport fishing regulations affecting commercial fishing vessels or affecting any other commercial fishing activity are set out in the subsistence fishing regulations in 5 AAC 01 and 5 AAC 02, personal use fishing regulations in 5 AAC 77, and sport fishing regulations in 5 AAC 73, 5 AAC 74, and 5 AAC 75.

5 AAC 05.100. Description of Yukon Area. The Yukon Area includes all waters of Alaska between a line extending 315° northwest from Point Romanof at 63° 12.16' N. lat., 162° 49.72' W. long. to a point three nautical miles offshore at 63° 14.27' N. lat., 162° 54.40' W. long. and the latitude of the westernmost point of the Naskonat Peninsula, including those waters draining into the Bering Sea.

5 AAC 05.200. Fishing districts and subdistricts. (a) District 1 consists of that portion of the Yukon River drainage from a line extending northwest from Point Romanof at 63° 12.16' N. lat., 162° 49.72' W. long., to a point three nautical miles offshore at 63° 14.27' N. lat., 162° 54.40' W. long., extending south and west along the coast of the delta to a line approximately one nautical mile south of the mouth of the Black River from 62° 20.58' N. lat., 165° 22.66' W. long., to a point located three nautical miles offshore at 62° 22.67' N. lat., 165° 27.37' W. long., including the waters within three nautical miles seaward from any grassland bank within that area, and upstream from the mouth of the Black River to the northern edge of the mouth of the Anuk River and all waters of the Black River. (b) District 2 consists of that portion of the Yukon River drainage from the northern edge of the mouth of the Anuk River upstream to an ADF&G regulatory marker located at Toklik, and includes the Anuk River drainage. (c) District 3 consists of that portion of the Yukon River drainage from an ADF&G regulatory marker located at Toklik upstream to an ADF&G regulatory marker at the mouth of an unnamed slough three-fourths of a mile downstream from Old Paradise Village. (d) District 4 consists of the Yukon River drainage from an ADF&G regulatory marker at the mouth of an unnamed slough three-fourths of a mile downstream from Old Paradise Village upstream to the western edge of the mouth of Illinois Creek at Kallands. (1) Subdistrict 4-A consists of that portion of the Yukon River drainage from an ADF&G regulatory marker at the mouth of an unnamed slough three-fourths of a mile downstream from Old Paradise Village upstream to the tip of Cone Point; (2) Subdistrict 4-B consists of the Yukon River drainage from the tip of Cone Point upstream along the north bank of the river to the westernmost edge of Illinois Creek and includes the following islands: Cook, Lark, Serpentine, Louden, Fish, Dainty, Yuki, Melozi, Dasha, Straight, Kit, Fox, Hardluck, Mickey, Florence, Doyle, Chokoyik, Lady, Liner, Flora, and Cronin; (3) Subdistrict 4-C consists of the Yukon River drainage from the tip of Cone Point upstream along the south bank of the river to a point opposite the westernmost edge of Illinois Creek and includes the following islands: Cat, Hen, Jimmy, Big, Ninemile, Ham, Emerald, Edith, Kathaleen, Henry, Burns, Youngs, Weir, Clay, Large, and Brant. (e) District 5 consists of that portion of the Yukon River drainage (excluding the Tanana River drainage) from the western edge of the mouth of Illinois Creek to the United States-Canada border, and includes the Illinois Creek drainage. (1) Subdistrict 5-A consists of the Yukon River drainage from a point opposite the westernmost edge of Illinois Creek upstream along the south bank of the river to the easternmost edge of the Tanana River mouth and includes the following islands: Second, Corbusier, Sixmile, Deet'laa', Swanson, Blind, Basco, Sword, Leonard, Still, Tanana, and Mission; (2) Subdistrict 5-B consists of the Yukon River drainage from the westernmost edge of Illinois Creek upstream along the north bank of the river to a point opposite the easternmost edge of the Tanana River mouth upstream along both banks of the Yukon River to the westernmost tip of Garnet Island and includes the following islands: Willow I, II, and III, Steamboat, Grant, Darvin, Little Joker, Station, Tozitna, Circle, Bull, and Long; (3) Subdistrict 5-C consists of the Yukon River drainage upstream from the westernmost tip of Garnet Island to ADF&G regulatory markers located approximately two miles downstream from Waldron Creek; (4) Subdistrict 5-D consists of the Yukon River drainage from ADF&G regulatory markers located approximately two miles downstream from Waldron Creek upstream to the United States-Canada border. (f) District 6 consists of the Tanana River drainage to its confluence with the Yukon River. (1) Subdistrict 6-A consists of that portion of the Tanana River drainage from its mouth upstream to the eastern edge of the mouth of the Kantishna River and includes the Kantishna River drainage; (2) Subdistrict 6-B consists of that portion of the Tanana River drainage from the eastern edge of the mouth of the Kantishna River upstream to the eastern edge of the mouth of the Wood River and includes the Wood River drainage; (3) Subdistrict 6-C consists of the Tanana River drainage from the eastern edge of the mouth of the Wood River upstream to the eastern edge of the mouth of the Salcha River and includes the Salcha River drainage; (4) Old Minto Area consists of that portion of Subdistrict 6-B from the downstream end of upper Tolovana Island, located approximately two miles upstream of the Tolovana River, to three miles upstream of the mouth of the Totchaket Slough. (g) Repealed 7/13/2012. (h) Coastal District: all waters between the latitude of the westernmost point of the Naskonat Peninsula and a line extending 315° northwest from Point Romanof at 63° 12.16' N. lat., 162° 49.72' W. long. to a point three nautical miles offshore at 63° 14.27' N. lat., 162° 54.40' W. long. not included in (a) - (f) of this section.

5 AAC 05.310. Fishing seasons. Except as provided in 5 AAC 05.320 - 5 AAC 05.380, salmon may be taken only as follows: (1) in Districts 1, 2, and 3, the commissioner shall open and close the season by emergency order; (2) in District 4, the commissioner shall open and close the season by emergency order; (3) in District 5, in all subdistricts, the commissioner shall open and close the season by emergency order; (4) in District 6, the commissioner shall open the season by emergency order and close the season by emergency order.

5 AAC 05.320. Fishing periods. In the Yukon Area, in all districts and subdistricts, salmon may be taken only during fishing periods established by emergency order.

5 AAC 05.330. Gear. (a) In Districts 1 - 3, set gillnets and drift gillnets only may be operated, except that in District 1 after July 15 set gillnets only may be operated in the following locations: (1) waters of the Black River; (2) waters of Kwikluak Pass downstream of Agmulegut and the waters of Kwemeluk Pass; (3) waters of Alakanuk Pass downstream from the mouth of Kuiukpak Slough; (4) waters of Kwiguk Pass downstream of the mouth of Kawokhawik Slough; (5) waters of Kawanak Pass downstream from Sea Gull Point; (6) waters of Kwikpak Pass downstream from Sea Gull Point; (7) waters of Apoon Pass downstream of the mouth of the Kotlik River and waters of Okwega Pass downstream from its confluence with Apoon Pass; (8) waters within three nautical miles seaward from any grassland bank in District 1. (b) In Districts 4 - 6, set gillnets and fish wheels only may be operated. (c) No person may operate more than one fish wheel at any one time. (d) No person may operate or assist in operating more than one type of gear at any one time.

5 AAC 05.331. Gillnet specifications and operations. (a) Set gillnet gear may not exceed 150 fathoms in aggregate length. (b) Drift gillnet gear may not exceed 50 fathoms in length. (c) Salmon may be taken only with gillnets of six-inch or smaller mesh during periods established by emergency order. (d) No gillnet gear may be operated in a manner to obstruct more than one-half the width of any waterway. In the intertidal zone, this restriction applies at all stages of the tide. (e) In Districts 1 - 3, gillnets with (1) greater than six-inch mesh may not be more than 45 meshes in depth; (2) six-inch or smaller mesh may not be more than 50 meshes in depth. (f) In Districts 4 - 6, gillnets with (1) greater than six-inch mesh may not be more than 60 meshes in depth; (2) six-inch or smaller mesh may not be more than 70 meshes in depth. (g) Notwithstanding any other provision of this section, during times when the commissioner determines it to be necessary for the conservation of a salmon species, the commissioner may, by emergency order, close the fishing season in Districts 1 - 6 and immediately reopen the season during which a person may take salmon with a gillnet that has a mesh size of seven and one-half inches. (h) Notwithstanding any other provision of this section, in Districts 1 - 3, during times when the commissioner determines that it is necessary for the conservation of king salmon, the commissioner may, by emergency order, close the fishing season and immediately reopen the season during which a person may take salmon only with a gillnet that has a mesh size of five and one-half inches or less, and that is not more than 30 meshes in depth. (i) Notwithstanding any other provision of this section, and 5 AAC 01.249 and 5 AAC 05.359 - 5 AAC 05.369, during times when the commissioner determines that it is necessary for the conservation of a salmon species, the commissioner may, by emergency order, close the fishing season and immediately reopen the season specifying the area in which one or more of the following gear limitations may be implemented: (1) for fish wheels, as described in 5 AAC 05.333, the operator must closely attend the fish wheel while it is in operation, and all salmon must be immediately released to the water alive and must bypass any livebox unless retention is allowed by emergency order; (2) dip nets may be used as described in 5 AAC 05.362(k)(1)(A); all salmon caught with a dip net must be released to the water alive unless retention is allowed by emergency order; (3) a beach seine may be used as described in 5 AAC 05.362(k)(1)(B); all salmon caught with a beach seine must be released to the water alive unless retention is allowed by emergency order.

5 AAC 05.333. Fish wheel specifications and operations. (a) Fish wheel baskets must be stopped from rotating in the water during periods closed to commercial and subsistence fishing. The fish wheel registrant is responsible for the operation of the fish wheel. (b) A lead may be used with a commercial fish wheel operated under this chapter. (c) In this section, "lead" means a length of net or fencing employed for guiding fish into a fish wheel.

5 AAC 05.334. Identification of gear. (a) Each drift gillnet in operation must have at one end a red keg, buoy or cluster of floats plainly and legibly marked with the fisherman's five-digit CFEC permit serial number. (b) Each set gillnet and fish wheel in operation must be identified as required under 5 AAC 39.280. (c) Repealed 4/15/81. (d) In Districts 3 - 6, unless a person is fishing under the ice, gillnets in operation sunk below the surface must have a keg, buoy, or cluster of floats visible on the surface of the water at each end of the submerged net, and for submerged gillnets over 60 feet in length, a third keg, buoy, or cluster of floats must be attached to the middle of the net.

5 AAC 05.335. Minimum distance between units of gear. (a) In District 1, no person may set or operate any part of a set gillnet within 300 feet of any part of another set gillnet. (b) In District 2, no person may set or operate any part of a set gillnet within 200 feet of any part of another set gillnet. (c) In Districts 4, 5, and 6, a person may not set or operate commercial fishing gear within 200 feet of other commercial, personal use, or subsistence fishing gear, except as follows: (1) in District 4 from Old Paradise Village upstream to a point four miles upstream from Anvik there is no minimum distance requirement between fish wheels; (2) at the site approximately one mile upstream from Ruby on the south bank of the Yukon River between ADF&G regulatory markers containing the area known locally as the "Slide," there is no minimum distance requirement between subsistence gear and commercial gear.

5 AAC 05.340. Vessel identification. A vessel used by a commercial salmon permit holder to take salmon during the open commercial fishing season in District 1, 2, or 3, must display, on both sides of the hull or cabin, in permanent symbols at least 12 inches high and with lines at least one inch wide that contrast with the background, the vessel's ADF&G license plate number, or the permit holder's five-digit CFEC permit number and the letter following.

5 AAC 05.350. Closed waters. Salmon may not be taken in the following waters: (1) repealed 4/13/2013; (2) waters farther than three nautical miles seaward from any grassland bank in District 1; (3) all waters south and west of a line extending seaward in a northwestern direction from an ADF&G regulatory marker located on the beach approximately one nautical mile south of the mouth of Black River at 62° 20.58' N. lat., 165° 22.66' W. long. to a point located three nautical miles offshore at 62° 22.67' N. lat., 165° 27.37' W. long.; (4) waters of the Andreafsky River upstream of a line between ADF&G regulatory markers placed on each side of the river at its mouth; (5) Tanana River upstream of the downstream edge of the mouth of the Chena River; (6) tributaries of the Yukon and Tanana Rivers; (7) repealed 6/26/2016; (8) waters of the Anvik River upstream of a line between ADF&G regulatory markers placed on each side of the river at its mouth; (9) repealed 6/26/2016; (10) repealed 7/13/2012; (11) the waters within 500 yards of the mouth of the Pastolik River and Pastoliak River, as specified in 5 AAC 39.290(a)(2); (12) all other waters of the Yukon Area, except those waters described in 5 AAC 05.200.

5 AAC 05.355. Requirements for transporting salmon and salmon roe in the Yukon Area. A salmon buyer or processor transporting salmon or salmon roe to the point of initial processing must have in possession, and display, upon request, to a peace officer of the state, a completed fish ticket, or a copy of the fish ticket, for all salmon or salmon roe in the buyer's or processor's possession at the time. While transporting commercially-harvested salmon or salmon roe, a buyer or processor may not possess or transport subsistence-harvested salmon or salmon roe.

5 AAC 05.359. Yukon River Pink Salmon Management Plan. (a) The goal of this management plan is to provide for the management of directed commercial pink salmon fishing in the Yukon River. Pink salmon exhibit an odd-numbered year and even-numbered year cycle in the Yukon River, in which an even-numbered year experiences large returns of pink salmon. The management of directed commercial pink salmon fishing is complicated by overlapping runs of summer chum salmon and fall chum salmon stocks. (b) For the purpose of determining if there is a harvestable surplus of pink salmon under (c) of this section, the department shall use the best available information to assess pink salmon abundance, including mainstem river sonar passage estimates, subsistence and commercial harvest reports, and estimates from escapement monitoring projects. (c) From June 15 through July 31, if the commissioner determines that there is a harvestable surplus of pink salmon sufficient to provide for pink salmon subsistence uses and other uses, and chum salmon escapement goals are expected to be achieved, the commissioner may open, by emergency order, a directed commercial pink salmon fishery in District 1 during which only a gillnet that has a mesh of size four and three-quarter inches or less may be used.

5 AAC 05.360. Yukon River King Salmon Management Plan. (a) The objective of this management plan is to provide the department with guidelines to manage for the sustained yield of Yukon River king salmon. The department shall use the best available data, including preseason run projections, test fishing indices, age and sex composition, subsistence and commercial harvest reports, and passage estimates from escapement monitoring projects to assess the run size for the purpose of implementing this plan. (b) The department shall manage commercial fishing as follows: (1) the department may open a directed commercial king salmon fishery when increases in subsistence or test fishery net catches of king salmon have occurred over a seven to ten day period; (2) the department shall manage the Yukon River commercial king salmon fishery for a guideline harvest range of 67,350 - 129,150 king salmon, distributed as follows: (A) Districts 1 and 2: 60,000 - 120,000 king salmon; (B) District 3: 1,800 - 2,200 king salmon; (C) District 4: 2,250 - 2,850 king salmon; (D) District 5: (i) Subdistrict 5-B and 5-C: 2,400 - 2,800 king salmon; (ii) Subdistrict 5-D: 300 - 500 king salmon; and (E) District 6: 600 - 800 king salmon; (3) when the projected king salmon harvest range for Districts 1 - 6 combined is below the low end harvest level from zero to 67,350 fish, the department shall allocate the commercial harvest available by percentage for each district as follows: (A) Districts 1 and 2: 89.1 percent; (B) District 3: 2.7 percent; (C) District 4: 3.3 percent; (D) Subdistricts 5-B and 5-C: 3.6 percent; (E) Subdistrict 5-D: 0.4 percent; and (F) District 6: 0.9 percent. (c) A person may not sell king salmon roe taken in Subdistrict 4-A. (d) The subsistence fishery in the Yukon River drainage will be based on a schedule to be implemented chronologically, consistent with migratory timing as the king salmon run progresses upstream. The commissioner may alter fishing periods by emergency order, if the commissioner determines that preseason or inseason run indicators indicate it is necessary for conservation purposes. The fishing periods for subsistence fishing in the Yukon River drainage will be established by emergency order as follows: (1) Coastal District, Koyukuk River, Innoko River, and Subdistrict 5-D: seven days per week; (2) Districts 1 - 3: two 36-hour fishing periods per week; (3) District 4, and Subdistricts 5-B and 5-C: two 48-hour fishing periods per week; (4) Subdistrict 5-A, and District 6: two 42-hour fishing periods per week; and (5) Old Minto Area: five days per week. (e) If inseason run strength indicates a sufficient abundance of king salmon to allow a commercial fishery, subsistence fishing shall revert to the fishing periods as specified in 5 AAC 01.210(c) - (h). (f) The sport fishery in the Yukon River drainage will be managed to coordinate with the commercial and subsistence fisheries. Sport fishing restrictions necessary for conservation purposes will correspond to the level of abundance of king salmon. (g) In Subdistrict 4-A, during times when the commissioner determines that it is necessary for the conservation of chum salmon, the commissioner may, by emergency order, close the commercial fish wheel fishing season and immediately reopen the season during which set gillnet gear may be used instead of a fish wheel. (h) If preseason or inseason run assessment information indicates insufficient abundance of king salmon to meet escapement objectives on specific components of the run, the commissioner may, by emergency order, close all salmon fishing in a district or portion of a district. (i) if the department projects that the Yukon River king salmon abundance will be insufficient to achieve the escapement goals or king salmon subsistence fishing is restricted in more than one district or portion of a district, the commissioner shall, by emergency order, close a fishery and immediately reopen a fishery during which king salmon may be retained, but not sold. If the department thereafter projects king salmon escapement goals will be met and king salmon subsistence fishing is not restricted in the district or portion of the district where commercial salmon fishing is open, and reasonable opportunity for subsistence uses of king salmon has been or will be provided within the season, the commissioner may, by emergency order, open a commercial fishery during which king salmon incidentally taken may be sold. (j) Notwithstanding the provisions of this section, the department shall manage the king salmon subsistence fishery in Districts 1 - 6 during the first pulse of the historical three distinctive pulses of king salmon that enter the Yukon River drainage, as follows: (1) in Districts 1 and 2, to account for the uncertainty in the preseason king salmon run projection, if the preseason king salmon forecast indicates insufficient abundance to meet escapement goal objectives and subsistence harvest needs, the department shall manage the king salmon subsistence fishery conservatively and not open any salmon subsistence fishing periods during the first pulse of king salmon entering the districts; (2) in Districts 3 - 6, (A) if inseason run assessment information indicates insufficient abundance of king salmon to meet escapement objectives on specific components of the run and subsistence harvest needs, the department will not open any subsistence fishing periods during the first pulse implemented chronologically in the applicable district, consistent with migratory timing as the king salmon run progresses upstream; (B) if inseason run assessment information indicates sufficient abundance of king salmon to meet escapement objectives on specific components of the run and subsistence harvests needs, subsistence fishing will revert to the fishing periods as specified in (d) of this section.

5 AAC 05.361. Yukon River King Salmon Stock of Concern Management Plan. (a) The purpose of the Yukon River King Salmon Stock of Concern Management Plan is to provide management tools and guidelines to the department for the management of Yukon River salmon fisheries consistent with AS 16.05.258, 5 AAC 39.220, 5 AAC 39.222, the Pacific Salmon Treaty, and the seven-year agreement between this state and Canada to prohibit directed fishing for king salmon in the Yukon River main stem. While Yukon River king salmon are listed as a stock of management concern, this plan is intended to ensure the sustained yield of king salmon stocks large enough to meet sustainable escapement goals, while allowing for harvest opportunity in the subsistence, sport, and commercial fisheries, as follows: (1) in addition to management measures specified in 5 AAC 05.360 and educational permits provided under 5 AAC 93.212, the department may relax subsistence fishery management measures in specific tributaries within the state if updated stock composition and run assessment data indicate areas where specific restrictions are no longer needed to ensure the established escapement goals will be met; (2) a fish wheel operated under this subsection must be operated as specified in 5 AAC 05.362(j)(1) and (2). (b) The provisions of this management plan will remain in effect while Yukon River king salmon are listed as a stock of management concern. The department may recommend removal of this designation at the first Arctic, Yukon, Kuskokwim Board of Fisheries meeting when either of the following conditions exist: (1) the majority of the lower bounds of the established biological escapement goal and sustainable escapement goal ranges are met or exceeded in five consecutive years and are expected to be met in the future years; (2) if annual yields or harvestable surpluses are below the historical range, and the department recommends changing the stock of concern designation to a stock of yield concern.

5 AAC 05.362. Yukon River Summer Chum Salmon Management Plan. (a) The objective of this management plan is to provide the department with guidelines to manage for the sustained yield of Yukon River summer chum salmon. The department shall use the best available data, including preseason run projections, test fishing indices, age and sex composition, subsistence and commercial harvest reports, and passage estimates from escapement monitoring projects to assess the run size for the purpose of implementing this plan. Management of the summer chum salmon fisheries may be affected during times of king salmon conservation. (b) When the projected run size of summer chum salmon is 500,000 fish or less, (1) the commissioner shall close, by emergency order, the commercial, sport, and personal use directed summer chum salmon fisheries; (2) the department may restrict or close the subsistence summer chum salmon fishery, except that, if indicators show an individual escapement goal in a district, subdistrict, or portion of a district or subdistrict will be met, the commissioner may open, by emergency order, a directed subsistence summer chum fishery in that district, subdistrict, or portion of a district or subdistrict. (c) When the projected run size of summer chum salmon is more than 500,000 fish, but not more than 650,000 fish, (1) the commissioner shall close, by emergency order, the commercial, sport, and personal use directed summer chum salmon fisheries; (2) the department may restrict the subsistence summer chum salmon fishery, except that, if indicators show that individual escapement goals within a district, subdistrict, or portion of a district or subdistrict will be met, the commissioner may open, by emergency order, a less restrictive directed subsistence summer chum fishery in that district, subdistrict, or portion of a district or subdistrict; (3) if indicators show that individual escapement goals and subsistence needs within a district, subdistrict, or portion of a district or subdistrict will be met, the commissioner may open, by emergency order, a summer chum salmon fishery for commercial, sport, or personal use fishing in that district, subdistrict, or portion of a district or subdistrict. (d) Repealed 5/22/2016. (e) When the projected run size of chum salmon is more than 650,000 fish, but not more than 750,000 fish, the commissioner may open, by emergency order, a drainagewide commercial fishery to harvest up to 50,000 fish above the run size of 650,000 chum salmon distributed by district or subdistrict in proportion to the guideline harvest levels established in (g) of this section. (f) When the projected run size of summer chum salmon is more than 750,000 fish, the commissioner may open, by emergency order, a drainagewide commercial fishery managed to achieve escapements within the established drainagewide escapement goal range of 500,000 - 1,200,000 summer chum salmon. The targeted harvest of the surplus will be distributed by district or subdistrict in proportion to the guideline harvest levels established in (g) of this section. (g) The department shall manage the commercial summer chum salmon fishery for a guideline harvest level of 400,000 - 1,200,000 summer chum salmon to be distributed as follows: (1) Districts 1 and 2: 251,000 - 755,000 fish; (2) District 3: 6,000 - 19,000 fish; (3) Subdistrict 4-A: 113,000 - 338,000 fish, the equivalent roe poundage of 61,000 - 183,000 pounds, or a combination of pounds of roe and numbers of fish; (4) Subdistricts 4-B and 4-C: 16,000 - 47,000 fish; (5) Subdistricts 5-B, 5-C, and 5-D: 1,000 - 3,000 fish; (6) District 6: 13,000 - 38,000 fish. (h) When the projected summer chum salmon harvest level for Districts 1 - 6 combined is 400,000 fish or less, the department shall distribute the commercial harvest available by percentage to each district or subdistrict as follows: (1) Districts 1 and 2: 62.9 percent; (2) District 3: 1.6 percent; (3) Subdistrict 4-A: 28.2 percent; (4) Subdistrict 4-B and 4-C: 3.9 percent; (5) District 5: 0.3 percent; (6) District 6: 3.2 percent. (i) All salmon caught by CFEC permit holders during a commercial fishing period when salmon roe is sold, shall be reported in numbers of fish on ADF&G fish tickets. Notwithstanding 5 AAC 05.368, no more than 183,000 pounds of summer chum salmon roe from Subdistrict 4-A may be sold separately each year. If this roe cap is reached, fishing may continue, but all salmon must be sold in the round. (j) In Subdistrict 4-A and District 6, during times when the commissioner determines that it is necessary for the conservation of king salmon, the commissioner may, by emergency order, close the commercial set gillnet fishing season and immediately reopen the fishing season during which (1) a fish wheel may be used; a fish wheel operated under this subsection must be constructed in a manner that includes (A) basket sides and bottoms consisting of soft mesh material similar to or made of seine web; and (B) an adjustable or fixed slide or chute that (i) consists of a smooth bottom and closed cell foam lined sides; and (ii) returns king salmon immediately to the water; (2) the permit holder shall be present at and attend the fish wheel at all times while the fish wheel is in operation; and (3) all king salmon caught in the fish wheel must be returned immediately to the water alive. (k) In Districts 1 - 3, during times when the commissioner determines that it is necessary for the conservation of king salmon, the commissioner may, by emergency order, close the commercial gillnet fishing season and immediately reopen a fishing season during which (1) a permit holder may fish with (A) up to four dip nets; notwithstanding 5 AAC 39.105(d)(24), for the purposes of this subparagraph, a dip net is a bag-shaped net supported on all sides by a rigid frame in which no portion of the bag is constructed of webbing that exceeds a stretched measurement of four and one-half inches and the frame is attached to a single rigid handle and operated by hand; the depth of the bag must be at least one-half of the greatest straight-line distance, as measured through the net opening; for a dip net with (i) a circular net frame, the maximum straight-line distance between any two points on the net frame, as measured through the net opening, may not exceed five feet; (ii) a net frame that is not a circular net frame, the width-height dimensions may not exceed six feet by three feet; (B) beach seine gear; a beach seine may not be constructed of monofilament web and may not exceed (i) 150 fathoms in length; (ii) 100 meshes in depth; (iii) a mesh size of four inches stretched measure; and (2) all king salmon caught in dip net and beach seine gear must be released immediately and returned to the water unharmed.

5 AAC 05.365. Yukon River fall chum salmon guideline harvest ranges. (a) The department shall manage the Yukon River commercial fall chum salmon fishery for a guideline harvest range of 72,750 - 320,500 chum salmon, distributed as follows: (1) Districts 1, 2, and 3: 60,000 - 220,000 chum salmon; (2) District 4: 5,000 - 40,000 chum salmon; (3) Subdistricts 5-B and 5-C: 4,000 - 36,000 chum salmon; (4) Subdistrict 5-D: 1,000 - 4,000 chum salmon; (5) District 6: 2,750 - 20,500 chum salmon. (b) Fall chum salmon taken as incidental catch under 5 AAC 05.369 are not considered part of the full chum salmon guideline harvest ranges set out in this section.

5 AAC 05.366. Yukon River Fall Chum Salmon Stock of Concern Management Plan. (a) The purpose of the Yukon River Fall Chum Salmon Stock of Concern Management Plan is to provide the department with tools and guidelines for managing Yukon River salmon fisheries consistent with AS 16.05.258, 5 AAC 39.220, 5 AAC 39.222 and the Pacific Salmon Treaty. While Yukon River fall chum salmon are designated as a stock of management concern, this plan is intended to ensure run sizes at levels sufficient to meet established escapement goals, while also allowing for harvest opportunities in subsistence, sport, and commercial fisheries, consistent with AS 16.05.258. (b) When Yukon fall chum salmon are designated as a stock of management concern, the department shall implement the Yukon River Drainage Fall Chum Salmon Management Plan described in 5 AAC 01.249 from July 13 through December 31. (c) The department shall prohibit commercial fisheries in the Yukon River drainage from July 13 through December 31 when the projected run size is less than 550,000 fall chum salmon as specified in 5 AAC 01.249(5). (d) The department shall restrict sport fishing for Yukon fall chum salmon in the Yukon River drainage until subsistence opportunities are provided. (e) The department shall manage personal use fisheries in accordance with 5 AAC 77.171 - 5 AAC 77.174 if subsistence opportunities are provided. (f) If the department determines that a harvestable surplus is expected to exceed 300,000 fall chum salmon, the department shall provide subsistence fishing opportunities consistent with precautionary management principles of 5 AAC 39.222 to achieve the drainage-wide or tributary-specific escapement goals. (g) In addition to management measures specified in 5 AAC 01.249 and educational permits provided under 5 AAC 93.212, the department may relax subsistence fishery management measures in specific tributaries within the state if updated stock composition and run assessment data indicate areas where specific restrictions are no longer needed to ensure the established escapement goals will be met.

5 AAC 05.367. Tanana River Salmon Management Plan. (a) The purpose of this management plan is to provide for the sustained yield of the Tanana River salmon resource. The department shall manage the salmon fisheries in the Tanana River drainage to achieve established spawning escapement goals. Except as provided in 5 AAC 01.249, the department shall manage the District 6 and Subdistrict 5-A salmon fisheries in accordance with the provisions of this section. (b) The department shall manage the salmon fisheries in District 6 (Tanana River) as follows: (1) the commercial salmon fishing season shall be opened by emergency order and closes on September 30, unless closed earlier by emergency order; (2) the commercial salmon fishing periods shall be opened and closed by emergency order; (3) except as provided in 5 AAC 01.210(b)(4), in Subdistricts 6-A and 6-B, through September 30, the subsistence salmon fishing periods are from 6:00 p.m. Friday until 12:00 noon Sunday and from 6:00 p.m. Monday until 12:00 noon Wednesday, unless modified by emergency order; (4) in Subdistrict 6-C, the personal use salmon fishing periods are from 6:00 p.m. Friday until 12:00 noon Sunday and from 6:00 p.m. Monday until 12:00 noon Wednesday, unless modified by emergency order; (5) the guideline harvest ranges are (A) 600 - 800 king salmon; (B) 13,000 - 38,000 summer chum salmon; and (C) 2,750 - 20,500 fall chum salmon. (c) The department shall manage the salmon fisheries in Subdistrict 5-A according to the stock status and timing of salmon bound for the Tanana River as follows: (1) the commissioner may open, by emergency order, the commercial salmon fishing season only after August 10; (2) when the District 6 fall chum salmon harvest is below the upper end of the guideline harvest range set out in 5 AAC 05.365(5), the department shall manage the fishery in Subdistrict 5-A as follows: (A) a person may sell only salmon roe from fish commercially harvested in Subdistrict 5-A; (B) the guideline harvest range is 0 - 4,000 pounds of fall chum salmon roe; and (C) the department shall manage, to the extent practicable, the fishery to ensure that no more than 2,000 pounds of roe removed from coho salmon incidentally taken in the fall chum salmon directed fishery are sold; (3) when the District 6 fall chum salmon harvest exceeds the upper end of the guideline harvest range set out in 5 AAC 05.365, in addition to the pounds of fall chum salmon roe allowed under (2) of this section, the department shall manage, to the extent practicable, the fishery in Subdistrict 5-A to ensure that (A) no more than 2,000 female fall chum salmon, or a combination of pounds of chum salmon roe and number of females equivalent to 2,000 fish, as determined by the department, are sold; (B) no more than 2,000 male fall chum salmon are sold; and (C) for coho salmon incidentally taken in the fall chum salmon directed fishery, no more than 4,000 pounds of coho salmon roe, or a combination of numbers of fish and pounds of roe equivalent to 4,000 fish, as determined by the department, are sold; for the purpose of this subparagraph, the poundage of roe shall include the poundage of coho salmon roe sold under (2)(C) of this subsection; (4) for all salmon taken and sold under (3) of this subsection, a buyer shall report the numbers of females and males, by species, on a fish ticket at the time of the sale; (5) beginning August 1, a person holding a CFEC permit who sells salmon or roe from salmon taken in (A) Subdistrict 5-A may not sell salmon or roe from salmon taken in Subdistricts 5-B, 5-C, or 5-D; and (B) Subdistrict 5-B, 5-C, or 5-D may not sell salmon or roe from salmon taken in Subdistrict 5-A; (6) repealed 6/17/2001.

5 AAC 05.368. Anvik River Chum Salmon Fishery Management Plan. The department may not manage the Yukon River summer chum salmon run to specifically allow an allocation of catch to the Anvik River. It is the intent of the Board of Fisheries that Yukon River summer chum salmon be harvested in the fisheries that have historically harvested them, including the methods, means, times, locations, and guideline harvest levels for the respective districts and subdistricts within the Yukon Area; the following provisions apply to the Anvik River chum salmon fishery: (1) only after the department projects that an escapement objective of 500,000 or more chum salmon will be achieved may the commissioner open, by emergency order, any portion of the Anvik River, upstream of ADF&G regulatory markers placed on each side of the river at its mouth to the taking of chum salmon; (2) in the Anvik River, the set gillnet fishery includes fish wheels, hand beach seine gear, and hand purse seine gear; the fish wheel fishery includes set gillnets, hand beach seine gear, and hand purse seine gear; a fish wheel, set gillnet, and hand beach seine gear may be operated only as follows: (A) only a fish wheel equipped with a livebox may be used and must be operated as follows: (i) the livebox must be constructed so that it contains no less than 45 cubic feet of water volume while it is in operation; (ii) for the purpose of this subparagraph, a "livebox" is a submerged container attached to the fish wheel that will keep fish caught by the fish wheel alive; (B) notwithstanding 5 AAC 05.331 (a), (c) and (f), a person may operate only a single set gillnet at any one time as follows: (i) the set gillnet may not exceed 25 fathoms in length and may not be larger than five and one-quarter inch stretch mesh; and (ii) notwithstanding 5 AAC 39.107(f), a CFEC permit holder or crewmember must be physically present at a set gillnet site at all times the set gillnet is in operation to continuously attend the set gillnet and release all king salmon alive to the water; (C) for the purpose of this section, a "hand beach seine" is a beach seine that is retrieved by hand power or hand-powered crank and not by any type of electrical, hydraulic, mechanical, or other device or attachment; (3) notwithstanding (2) of this section, during times when the commissioner determines it to be necessary for the conservation of king salmon, the commissioner, by emergency order, may close the fishing season for the set gillnet fishery and the fish wheel fishery in the Anvik River and immediately reopen the season during which only hand beach seine gear and hand purse seine gear may be used to take fish in those fisheries; (4) no more than 100,000 pounds of summer chum salmon roe taken from the Anvik River may be sold annually; if this roe cap is reached, fishing effort may continue, but only the sale of chum salmon in-the-round is allowed; (5) all king salmon taken in the Anvik River during commercial fishing periods must be returned to the water alive; (6) in the Anvik River, during periods specified by the department, a CFEC permit holder may not sell more than 1,000 chum salmon in-the-round or 700 pounds of chum salmon roe per commercial fishing period.

5 AAC 05.369. Yukon River Coho Salmon Management Plan. (a) The goal of this plan is to provide for the management of directed commercial coho salmon fishing in the Yukon River. The majority of Yukon River coho salmon spawn in tributaries that flow into the Yukon River from the mouth of the Yukon River up to and including the Tanana River drainage. The management of directed coho salmon fishing during the fall season is complicated by an overlapping run of more abundant fall chum salmon stocks. (b) For the purpose of (c) of this section, the department shall use the best available information to assess coho salmon abundance, including mainstem river sonar passage estimates, test fisheries indices, subsistence and commercial fishing reports, and estimates from escapement monitoring projects. (c) The department may allow a directed coho salmon fishery under this section in years when (1) the return of coho salmon measured under (b) of this section is projected to provide for a harvestable surplus; (2) the fall chum salmon return is assessed by the department to be more than 500,000 fish; (3) repealed 6/21/2007. (d) Fall chum salmon harvested during a directed commercial coho salmon fishery under this section will be considered incidental and may only occur on the harvestable surplus of fall chum salmon above 500,000 fish. (e) In a year when a directed commercial coho salmon fishery is opened under this section in (1) Districts 1, 2, and 3, the commissioner shall close, by emergency order, the coho salmon fall season; (2) Districts 4, 5, and 6, the commissioner shall close, by emergency order, the coho salmon fall season; (3) repealed 6/7/2007. (f) In Subdistrict 5-B, 5-C, and 5-D there will be no directed commercial coho salmon fishery unless the department determines that there will be a harvestable surplus of coho salmon. (g) The department shall distribute, to the extent practicable, the harvest opportunity in the directed coho salmon fishery between districts and subdistricts as follows: (1) 24 hours of combined fishing time in Districts 1, 2, and 3 will be considered equal to 32 hours of fishing time in (A) Subdistrict 4-A; (B) Subdistricts 4-B and 4-C combined; (C) Subdistrict 5-A; and (D) District 6; (2) to ensure an orderly and conservative fishery, coho salmon fishing will be managed as follows: (A) in Districts 1, 2, and 3 combined, fishing time shall not exceed 24 hours in a seven-day period; (B) in District 4-A, fishing time shall not exceed 32 hours in a seven-day period; (C) in Subdistricts 4-B and 4-C combined, fishing time shall not exceed 32 hours in a seven-day period; (D) in Subdistrict 5-A, fishing time shall not exceed 32 hours in a seven-day period; (E) in District 6, fishing time shall not exceed 32 hours in a seven-day period. (h) Repealed 6/17/2001. (i) Notwithstanding any other provision in this section, if the commissioner determines that there is a harvestable surplus of coho salmon above escapement needs and those necessary for subsistence uses, and that a directed coho salmon commercial fishery will not have a significant impact on escapement or allocation of fall chum salmon, the commissioner may, by emergency order, open a directed coho salmon commercial fishery under this section.

5 AAC 05.370. Registration and reregistration. (a) A CFEC limited entry or interim-use salmon permit holder shall register for a fishing district described in 5 AAC 05.200 as follows: (1) in Districts 4, 5, and 6, initial district registration is accomplished by indicating on the fish ticket used for the first delivery of the season the district in which the permit holder first took salmon; (2) in Districts 1, 2, and 3, (A) through July 15, initial district registration is accomplished by indicating on the fish ticket used for the first delivery of the season the district in which the permit holder first took salmon; (B) after July 15, in that portion of District 1 not included in the set gillnet only area described in 5 AAC 05.330(a), and in Districts 2 and 3, initial district registration is accomplished by indicating on the fish ticket used for the first delivery made after July 15 the district in which the permit holder first took salmon. (b) After initial registration for Districts 1, 2, and 3, a CFEC limited entry or interim-use salmon permit holder may take salmon in another district following reregistration for the district of intended operation. However, the permit holder may not take salmon in any district during the 72-hour period following reregistration. District reregistration is accomplished when the permit holder contacts a local representative of the department and furnishes any information requested to the representative. The reregistration and the 72-hour waiting period begins at the time that notification is received and noted by the department. Only one reregistration is allowed before July 15. (c) Repealed 6/10/98. (d) A permit holder who is registered for District 1, 2, or 3, may not take salmon in District 4, 5, or 6. (e) A permit holder who is registered for District 4, 5, or 6 may not take salmon in another district. (f) A permit holder may not be registered for more than one district at a time. (g) Repealed 6/10/98. (h) Repealed 4/15/81. (i) A CFEC limited entry or interim-use salmon permit holder may not take salmon in the set gillnet only area described in 5 AAC 05.330(a) after July 15 unless the permit holder is registered for those locations as follows: (1) a permit holder shall register with the department for the set gillnet only area described in 5 AAC 05.330(a) before the first commercial salmon fishing period that commences after July 15; (2) after initial registration for the set gillnet only area, a permit holder may take salmon in the remaining locations of District 1, or in Districts 2 or 3 following reregistration; however, the permit holder may not take salmon in any district during the 72-hour period following reregistration; district reregistration is accomplished when the permit holder contacts a local representative of the department and furnishes any information requested to the representative; (3) after the first commercial salmon fishing period after July 15, a permit holder that is not registered for the set gillnet only area may take salmon in the set gillnet only area only after registration; however, the permit holder may not take salmon in any district during the 72-hour period following the registration; registration is accomplished when the permit holder contacts a local representative of the department and furnishes any information requested to the representative.

5 AAC 05.375. Permits for District 6 salmon processors. The operator of a salmon-processing operation, and a company employing aircraft used for transporting salmon or salmon products, in District 6, must obtain a permit from the department before starting operations. The permit must contain the following: (1) procedures and requirements for the reporting of location and date of processing operations to the department; (2) the identity and description of each aircraft and vessel employed in the transporting of salmon or salmon products; (3) permission for local representatives of the department to inspect, at any time, aircraft and vessels used for transporting salmon; storage areas; freezers; processing areas; processing records; and processed and unprocessed salmon; and (4) other information required by the department for the conservation and management of the salmon resources or for enforcement of fishing laws.

5 AAC 05.377. Reporting requirements. In Subdistrict 6-C, each commercial salmon fisherman shall report, on an ADF&G fish ticket, the number of salmon taken but not sold during each commercial salmon fishing period.

5 AAC 05.380. Unlawful possession of subsistence-taken salmon. It is unlawful to purchase salmon from which both tips (lobes) of the tail fin have been removed as required by 5 AAC 01.240(c). Possession of salmon taken for subsistence purposes from which both tips (lobes) of the tail fin have not been removed is prima facie evidence that the salmon was taken and possessed for commercial purposes.

Repealed 7/30/89

5 AAC 05.410 was repealed as of Register 110.

5 AAC 05.510. Fishing season. Repealed.