Chapter 06
Bristol Bay Area
Article 1
Description of Area
5 AAC 06.001. 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 67 and 5 AAC 75.
5 AAC 06.100. Description of area. The Bristol Bay Area consists of all waters of Alaska in Bristol Bay including drainages enclosed by a line from Cape Newenham at 58° 38.88' N. lat., 162° 10.51' W. long., to Cape Menshikof at 57° 28.34' N. lat., 157° 55.84' W. long.
Article 2
Fishing Districts and Sections
5 AAC 06.200. Fishing districts and sections. (a) Nushagak District: all waters of Nushagak Bay north of a line from a point at Nichols Hills at 58° 33.77' N. lat., 158° 46.57' W. long., to Etolin Point at 58° 39.37' N. lat., 158° 19.31' W. long., and the Wood River Special Harvest Area, (1) Igushik Section: all waters of Nushagak Bay enclosed by a line from a point at Nichols Hills at 58° 33.77' N. lat., 158° 46.57' W. long., to a point at 58° 36.28' N. lat., 158° 34.40' W. long., to a point at 58° 44.80' N. lat., 158° 41.50' W. long., to a point at 58° 46.13' N. lat., 158° 46.65' W. long.; (2) Snake River Section: all waters enclosed by a line from 58° 52.90' N. lat., 158° 43.30' W. long. to 58° 44.80' N. lat., 158° 41.50' W. long. to 58° 46.13' N. lat., 158° 46.65' W. long.; (3) Nushagak Section: all waters of the Nushagak District not described in (1) and (2) of this subsection. (b) Naknek-Kvichak District: all waters of Kvichak Bay north and east of a line from 58° 43.73' N. lat., 157° 42.71' W. long., to 58° 36.77' N. lat., 157° 15.82' W. long., and the Naknek River Sockeye Salmon Special Harvest Area, the Kvichak River Sockeye Salmon Special Harvest Area, and the Alagnak River Sockeye Salmon Special Harvest Area, (1) Kvichak Section: all waters of Kvichak Bay enclosed by a line from 58° 43.73' N. lat., 157° 42.71' W. long., to 58° 38.455' N. lat., 157° 22.331' W. long., to the outer end of Libbyville Dock at 58° 46.76' N. lat., 157° 03.57' W. long., then along the dock to the shore at 58° 46.61' N. lat., 157° 03.25' W. long.; (2) Naknek Section: all waters of Kvichak Bay enclosed by a line from 58° 36.77' N. lat., 157° 15.82' W. long., to 58° 38.455' N. lat., 157° 22.331' W. long., to the outer end of Libbyville Dock at 58° 46.76' N. lat., 157° 03.57' W. long., then along the dock to the shore at 58° 46.61' N. lat., 157° 03.25' W. long. (c) Egegik District: all waters south of a line between 58° 19.10' N. lat., 157° 36.65' W. long. and 58° 17.93' N. lat., 157° 32.67' W. long., east of a line between 58° 19.10' N. lat., 157° 36.65' W. long. and 58° 11.00' N. lat., 157° 38.10' W. long., and north of a line between 58° 11.00' N. lat., 157° 38.10' W. long. and 58° 09.44' N. lat., 157° 32.97' W. long. (d) Ugashik District: all waters south of a line from Cape Greig at 57° 43.54' N. lat., 157° 41.82' W. long., to a point approximately one mile offshore at 57° 43.54' N. lat., 157° 43.80' W. long., then east of a line from 57° 43.54' N. lat., 157° 43.80' W. long. to Cape Menshikof at 57° 28.34' N. lat., 157° 55.84' W. long. (e) Togiak District: all waters north of a line from Cape Newenham at 58° 38.88' N. lat., 162° 10.51' W. long. to Cape Peirce at 58° 33.10' N. lat., 161° 46.25' W. long. to Right Hand Point at 58° 46.27' N. lat., 159° 55.00' W. long. to Kulukak Point at 58° 50.40' N. lat., 159° 39.00' W. long. (1) Togiak River Section: waters of Togiak Bay within a line from near Mt. Aeolus at 58° 54.82' N. lat., 160° 44.06' W. long. to Rocky Point at 58° 53.30' N. lat., 160° 14.70' W. long.; (2) Kulukak Section: waters of Kulukak Bay within a line from Kulukak Point at 58° 50.40' N. lat., 159° 39.00' W. long. to 58° 50.47' N. lat., 159° 45.25' W. long.; (3) Osviak Section: waters within a line between Estus Point at 58° 46.86' N. lat., 161° 10.98' W. long. and Asigyugpak Spit at 58° 41.00' N. lat., 161° 18.20' W. long.; (4) Matogak Section: waters of Hagemeister Strait within a line between Estus Point at 58° 46.86' N. lat., 161° 10.98' W. long. and Tongue Point at 58° 48.63' N. lat., 160° 50.31' W. long.; (5) Cape Peirce Section: waters within a line from Cape Newenham at 58° 38.88' N. lat., 162° 10.51' W. long. to Cape Peirce at 58° 33.10' N. lat., 161° 46.25' W. long. (f) Repealed 8/20/71. (g) Repealed 4/9/2004.
5 AAC 06.205. Use of Loran C. Repealed.
5 AAC 06.206. Use of global positioning system (GPS). In the Bristol Bay Area, boundaries, lines, and coordinates are identified with the global positioning system (GPS). If the global positioning system is not operating, the boundaries, lines, and coordinates are as identified by ADF&G regulatory markers.
Article 3
Salmon Fishery
5 AAC 06.310. Fishing seasons. Salmon may be taken only from June 1 through September 30 and only during open commercial salmon fishing periods.
5 AAC 06.320. Fishing periods. (a) In the Togiak District, salmon may be taken only as follows: (1) in the Cape Peirce, Osviak, and Matogak Sections, from 9:00 a.m. Monday to 9:00 a.m. Saturday; (2) in the Kulukak Section, from 9:00 a.m. Monday to 9:00 p.m. Wednesday; (3) in the Togiak River Section, from 9:00 a.m. Monday to 9:00 a.m. Friday, except as provided in 5 AAC 06.369(c)(1). (b) In the Nushagak District, (1) from June 1 through September 30, salmon may be taken only during periods established by emergency order; (2) repealed 4/9/95. (c) In the Naknek-Kvichak, Egegik, and Ugashik Districts, (1) from June 1 through 9:00 a.m. July 17, salmon may be taken only during fishing periods established by emergency order; (2) after 9:00 a.m. July 17, salmon may be taken only from 9:00 a.m. Monday to 9:00 a.m. Sunday, or during fishing periods established by emergency order, except as specified for the (A) Egegik District in 5 AAC 06.359; (B) Naknek-Kvichak District in 5 AAC 06.360(g) and 5 AAC 06.374(g); and (C) Ugashik District in 5 AAC 06.366(d)(4). (d) Repealed 5/14/98. (e) Repealed 5/14/98. (f) Repealed 5/14/98. (g) Repealed 4/16/2023.
5 AAC 06.330. Gear. (a) Salmon may be taken with set and drift gillnets only in the districts described in 5 AAC 06.200. Salmon may be taken with set gillnets on the northwest shore of Kvichak Bay from the Naknek-Kvichak District boundary south to 58° 43.80' N. lat., 157° 42.70' W. long. (b) Repealed 3/8/74.
5 AAC 06.331. Gillnet specifications and operations. (a) Gillnet mesh size restrictions are as follows: (1) gillnet mesh size may not exceed five and one-half inches during periods established by emergency order for the protection of king salmon and in the Naknek-Kvichak and Ugashik District from June 1 through July 22; (2) gillnet mesh size may not be less than five and three-eighths inches during periods established by emergency order for the protection of pink salmon; (3) gillnet mesh size may not exceed four and three-quarters inches during periods established by emergency order for the protection of sockeye and coho salmon; (4) gillnet mesh size may not be less than seven and one-half inches during periods established by emergency order for the protection of sockeye salmon; (5) from 9:00 a.m. June 15 to 9:00 a.m. July 15, mesh size restrictions for the Togiak District are as provided in 5 AAC 06.369(d); (6) from June 1 through July 1, mesh size restrictions for the Egegik District are specified in 5 AAC 06.365(e). (b) No gillnet may be more than 29 full meshes in depth, including the selvages. (c) Except as provided in 5 AAC 06.333, a person may not operate or assist in the operation of a drift gillnet exceeding 150 fathoms in length or a set gillnet exceeding 50 fathoms in length. (d) Repealed 3/26/76. (e) Except as provided in 5 AAC 06.333, a vessel registered for salmon net fishing may not have on board it or any vessel towed by it, during an open fishing period, more than 150 fathoms of drift gillnet gear in the aggregate. Additional gear may be transported to another district under conditions specified by the department. (f) A person may not operate more than two set gillnets, and the aggregate length of set gillnets operated by that person may not exceed 50 fathoms in length. Notwithstanding 5 AAC 39.240(a), in the Bristol Bay Area, a (1) person may assist in the operation of additional set gillnet gear when the CFEC interim-use or entry permit card holder of the additional gear is present in compliance with 5 AAC 39.107; (2) vessel may have more than one legal limit of set gillnet fishing gear on board the vessel. (g) The operation of a gillnet shall be performed or assisted by the person who holds a valid interim-use or entry permit card for that gear. (h) Set gillnets shall be operated in substantially a straight line. (i) A set gillnet must be set on an area of a beach that, at mean low tide, is connected by exposed land to the shore or to land not covered at high tide, except that in the Togiak District between a point on the southernmost mouth of the Kulukak River at 58° 54.94' N. lat., 159° 43.81' W. long. and a point at the eastern entrance to Metervik Bay at 58° 50.47' N. lat., 159° 45.25' W. long., between Rocky Point at 58° 53.30' N. lat., 160° 14.70' W. long. and 160° 20' W. long., and between Togiak Reef at 58° 59.62' N. lat., 160° 30.10' W. long. and a point near Mt. Aeolus at 58° 54.82' N. lat., 160° 44.06' W. long., no part of a set gillnet may be more than 500 feet from the mean high tide mark and the set gillnet must be substantially perpendicular to the shoreline. (j) Picking salmon from a gillnet is considered to be a part of the fishing operation and shall be performed only by a fisherman who holds a crewmember fishing license or a valid interim-use or entry permit card. (k) Repealed 3/26/76. (l) Each fisherman shall operate or assist in operating only one type of gear at any one time. (m) In the Naknek-Kvichak, Egegik, Ugashik, and Togiak Districts, no part of a set gillnet may be more than 1,000 feet from the 18-foot high tide mark, except that (1) repealed 3/1/92; (2) repealed 3/1/92; (3) in the Egegik District, from one mile south of Big Creek to Big Creek, no part of a set gillnet may be more than 1,000 feet from the 18-foot high tide mark or 450 feet from the 13-foot high tide mark; (4) in the Naknek Section of the Naknek-Kvichak District north of the terminus of the Naknek River, (A) no more than one set gillnet may be seaward of another set gillnet; and (B) no part of a set gillnet may be more than 1,200 feet from the 18-foot high tide mark; (5) in the Kvichak Section of the Naknek-Kvichak District from Libbyville Dock to a point near Graveyard Point at 58° 52.10' N. lat., 157° 00.80' W. long. and from the unnamed creek on the northwest shore of Kvichak Bay at 58° 52.25' N. lat., 157° 06.75' W. long. north to a point on the northwest shore of Kvichak Bay at 58° 53.37' N. lat., 157° 04.26' W. long., the maximum distance that a set gillnet may be operated offshore is as follows: (A) no part of a set gillnet may be more than 1,000 feet from the 18-foot high tide mark; or (B) the web of the shoreward end of the set gillnet must go dry at the time of the opening; (6) deleted; (7) repealed 6/24/93; (8) in the Ugashik District, in that portion of the east bank of the Ugashik River from a point at 57° 30.74' N. lat., 157° 24.10' W. long. to 57° 32.27' N. lat., 157° 24.36' W. long., no part of a set gillnet may be more than 800 feet from the 18-foot high tide mark. (n) In the Nushagak District, and subject to (v) of this section, a CFEC salmon interim-use or entry permit holder may not set or operate a set gillnet seaward of set gillnets operated by another CFEC salmon interim-use or entry permit holder. In addition, no part of a set gillnet, anchor, peg, stake, buoy, or other device used to set the gillnet may be seaward of the following offshore locations: (1) repealed 5/11/85; (2) from the cannery dock at Clark's Point to a point onshore at 58° 50.10' N. lat., 158° 33.52' W. long., 600 feet from the mean high tide mark; (3) from a point onshore at 58° 50.10' N. lat., 158° 33.52' W. long., to another point onshore at 58° 49.29' N. lat., 158° 33.10' W. long., 750 feet from the mean high tide mark; (4) from a point onshore at 58° 49.29' N. lat., 158° 33.10' W. long., to Range Marker at 58° 47.929' N. lat., 158° 33.539' W. long., then to the following points offshore at 58° 47.572' N. lat., 158° 32.883' W. long., to 58° 47.447' N. lat., 158° 32.510' W. long., to 58° 47.232' N. lat., 158° 31.657' W. long., to First Creek at 58° 47.057' N. lat., 158° 30.743' W. long., approximately 600 feet from the mean high tide mark; (5) from First Creek at 58° 47.057' N. lat., 158° 30.743' W. long., to 58° 46.991' N. lat., 158° 30.559' W. long., to 58° 46.866' N. lat., 158° 29.795' W. long., to Third Creek, at 58° 46.629' N. lat., 158° 28.155' W. long., approximately 800 feet from the mean high tide mark; (6) from Third Creek at 58° 46.629' N. lat., 158° 28.155' W. long., to 58° 46.469' N. lat., 158° 27.054' W. long., to 58° 45.748' N. lat., 158° 24.570' W. long., to 58° 45.283' N. lat., 158° 23.470' W. long., to 58° 44.711' N. lat., 158° 22.545' W. long., to 58° 43.417' N. lat., 158° 21.171' W. long., to 58° 41.972' N. lat., 158° 20.579' W. long., to 58° 40.503' N. lat., 158° 20.270' W. long., to 58° 40.156' N. lat., 158° 20.444' W. long., to 58° 39.765' N. lat., 158° 20.273' W. long., to a point offshore of Etolin Point at 58° 39.299' N. lat., 158° 19.661' W. long., approximately 1,100 feet from the mean high tide mark. (o) No salmon CFEC permit holder may set or operate a set gillnet seaward of set gillnets operated by another salmon CFEC permit holder in the following locations: (1) Togiak, Nushagak, Ugashik, and Egegik Districts; (2) the west side of the Kvichak Section; (3) repealed 7/14/85; (4) the east side of the Kvichak Section north of Happy Creek; (5) the Naknek Section south of the terminus of the Naknek River. (p) Setnet anchoring devices must be within the offshore distance requirements set out in (m) and (n) of this section, except as follows: (1) in the Naknek Section north of the Naknek River, the anchoring device may not be more than 1,300 feet from the 18-foot high tide mark; (2) in the Nushagak District where offshore restrictions are not in effect, the anchoring device may not be more than 50 feet from the web of the net. (q) During the hours between sunset and sunrise, each gillnet must display a light. For drift gillnets, the light must be located at the end of the net furthest from the fishing vessel. For set gillnets, the light must be a blinking white light and must be located at the end of the net furthest from the shore. (r) Notwithstanding 5 AAC 39.105(d)(3), in the Bristol Bay Area, a person may not operate a drift gillnet when the vessel to which it is attached is grounded, or when any part of the gillnet is grounded above the waterline. (s) In the Bristol Bay Area, a person may not use mechanical power to hold a vessel in substantially the same geographical location while attached to a drift gillnet. (t) A permit holder fishing in the Bristol Bay Area must report the loss of a gillnet, or portion of a gillnet, to the local department office in Dillingham or King Salmon within 15 hours of the loss of the gillnet, or portion of the gillnet. For the purposes of this subsection, the report must be made directly to a local representative of the department in person or by radio or telephone. (u) Repealed 4/4/2013. (v) The provisions of (n) of the section do not apply after May 31, 2026.
5 AAC 06.333. Requirements and specifications for use of 200 fathoms of drift gillnet in Bristol Bay. (a) Two Bristol Bay drift gillnet CFEC permit holders may concurrently fish from the same vessel and jointly operate up to 200 fathoms of drift gillnet gear under this section, except (1) in the Togiak District; (2) in a special harvest area; (3) repealed 6/21/2020. (b) Before operating drift gillnet gear jointly under this section, both permit holders shall register with the department under 5 AAC 06.370 for the same district indicating the intent to jointly operate gear. The permit holders may not use a vessel for joint operations of drift gillnet gear unless that vessel is registered with the department under 5 AAC 06.370 for the same district as the permit holders. Termination of joint operation of drift gillnet gear under this section is not effective until at least one of the permit holders register the date and time of termination with the department in the manner specified for reregistration in 5 AAC 06.370(b). (c) When two Bristol Bay drift gillnet CFEC permit holders fish from the same vessel and jointly operate a drift gillnet gear under this section, the vessel must display its ADF&G permanent license plate number followed by the letter "D" to identify the vessel as a dual permit vessel. The letter "D" must be removed or covered when the vessel is operating with only one drift gillnet CFEC permit holder on board the vessel. The identification number and letters must be displayed (1) in letters and numerals 12 inches high with lines at least one inch wide; (2) in a color that contrasts with the background; (3) on both sides of the hull; and (4) in a manner that is plainly visible at all times when the vessel is being operated. (d) When two permit holders jointly operate gear under this section, each permit holder is responsible for ensuring that the entire unit of gear is operated in a lawful manner. (e) Repealed 4/4/2013. (f) Repealed 2/13/2005. (g) Repealed 4/4/2013.
5 AAC 06.334. Identification of gear. (a) Each drift gillnet in operation must have (1) at each end, except an end attached to the vessel operating the gear, a red keg, buoy, or cluster of floats plainly and legibly marked with the permanent vessel license plate (ADF&G) number of the vessel operating the gear in permanent symbols at least four inches high with lines at least one-half inch wide in a color that contrasts with the background; and (2) at least one cork every 10 fathoms along the cork line that is plainly and legibly marked with the permanent vessel license plate (ADF&G) number of the vessel operating the gear. (b) Repealed 4/30/91. (c) The operator of a set gillnet that employs an anchor, peg, stake, or other device to fasten the net at its outermost extremity shall mark the location of the device with a red buoy and a white buoy at all times from June 1 through August 31. From September 1 through September 30, the marking requirements need to be complied with only while the set gillnet is in operation. The buoys must be plainly and legibly marked with the operator's five-digit CFEC permit number. From the mouth of Pile Driver Creek at approximately 58° 54.00' N. lat., 158° 29.75' W. long., south to the cannery dock at Clark's Point, set gillnet anchoring devices do not need to be marked unless the set gillnet is in operation. Each set gillnet in operation must have at least one cork every 10 fathoms along the cork line that is plainly and legibly marked with the operator's five-digit CFEC permit number.
5 AAC 06.335. Minimum distance between units of gear. (a) In the Naknek-Kvichak, Egegik, Ugashik, and Togiak Districts, no part of a set gillnet may be set or operated within 300 feet of any part of another set gillnet. In the Nushagak District, no part of a set gillnet may be set or operated within 450 feet of any part of another set gillnet. The provisions of this subsection do not prohibit a CFEC permit holder from operating a set gillnet seaward of another set gillnet operated under the authority of the same CFEC permit. (b) No part of a drift gillnet may be operated within 300 feet of the side of a set gillnet and within 100 feet of the offshore end of a set gillnet. The 100-foot restriction does not apply seaward of the offshore setnet distance restrictions set out in 5 AAC 06.331(m) and (n). (c) In the Nushagak District, no part of a drift gillnet may be operated within 100 feet of the inshore end of a set gillnet, except that in the locations described in 5 AAC 06.331(n), no part of a drift gillnet may be operated inshore of a set gillnet.
5 AAC 06.341. Vessel specifications and operations. (a) No vessel registered for salmon net fishing may be more than 32 feet in overall length. An anchor roller may not extend more than eight inches beyond the 32-foot overall length, and any portion that extends beyond the 32-foot overall length may not be more than eight inches in width or height. (b) For the purposes of this section, (1) "anchor roller" means a device used solely in aid of deploying and retrieving anchor gear, and does not provide any additional flotation, planing surface, or structural support to the vessel; (2) "fish drop-out basket" means a device used solely to prevent the loss of fish from a gillnet after the fish leaves the water and before it is brought on board the vessel; a "fish drop-out basket" does not provide any additional flotation, planing surface, or structural support to the vessel; (3) "gillnet roller" means a device used solely in aid of deploying and retrieving drift gillnet gear; a "gillnet roller" does not provide any additional flotation or planing surface to the vessel; (4) "outdrive" means part of the propulsion system of a vessel used for either steering or thrust; an "outdrive" does not provide any additional flotation or planing surface to the vessel; (5) "outdrive guard" means a device of skeletal construction used solely to protect the outdrive unit of a vessel; an "outdrive guard" does not provide any additional flotation or planing surface and is not used for any other purpose such as a bench, platform, or storage area; (6) "overall length" means the straight-line measurement between the extremities of the vessel, but does not include fish drop-out baskets, anchor rollers, gillnet rollers, trim tabs, outdrives, or outdrive guards; (7) "trim tabs" means an extension of the bottom of a vessel, at the transom, which is no more than 18 inches long at its longest point; "trim tabs" do not provide any increased flotation, and their sole function is to provide trim to a vessel while underway.
5 AAC 06.342. Vessel identification. Repealed 4/18/86.
5 AAC 06.343. Vessel identification. (a) In addition to the marking requirements in 5 AAC 39.119, a documented salmon gillnet fishing vessel registered for the Bristol Bay Area must display its name (1) in permanent symbols at least six inches high and with lines at least one inch wide which contrast with the background; (2) on the transom and both sides of the bow above the water line; (3) in a manner that is plainly visible and unobscured; and (4) at all times from June 1 through September 30. (5) If the vessel is not documented, the vessel's permanent license plate ADF&G number must be displayed as described in (1) - (4) of this section. (b) A CFEC permit holder who operates a salmon set gillnet vessel that is participating in the set gillnet fishery in salmon net gear Registration Area T, described in 5 AAC 39.120(d), and that has an overall length greater than 14 feet, must display the letters "SN" followed by the five-digit CFEC permit serial number of at least one permit holder who operates that vessel. A vessel marked under this subsection is not restricted to operation by the permit holder. The letters and numbers required under this subsection must be displayed (1) in permanent letters and numerals 12 inches high with lines at least one inch wide; (2) in a color that contrasts with the background; (3) on both sides of the hull; and (4) in a manner that is plainly visible at all times when the vessel is being operated for set gillnet fishing. (c) The provisions of (b) of this section do not apply to a vessel participating in the set gillnet fishery that is in compliance with the marking requirements of 5 AAC 39.119 and (a) of this section.
5 AAC 06.350. Closed waters. (a) The following locations in the Nushagak District are closed to the taking of salmon: (1) those waters north of a line from 58° 58.63' N. lat., 158° 33.62' W. long., to 58° 56.79' N. lat., 158° 29.53' W. long., except that the commissioner may, by emergency order, open the Wood River Special Harvest Area as provided in 5 AAC 06.358; (2) repealed 4/2/88; (3) the Snake River Section; (4) those waters of the Snake River upstream from a line across the river at 58° 52.80' N. lat.; (5) those waters of the Igushik River upstream of a line from 58° 43.82' N. lat., 158° 52.77' W. long. to 58° 43.60' N. lat., 158° 54.06' W. long. (b) The following locations in the Naknek-Kvichak District are closed to the taking of salmon: (1) those waters northeast of a line from a point near Graveyard Point at 58° 52.10' N. lat., 157° 00.80' W. long., to a point on the northwest shore of Kvichak Bay at 58° 53.37' N. lat., 157° 04.26' W. long., except that the commissioner may, by emergency order, open the Alagnak River Sockeye Salmon Special Harvest Area as provided in 5 AAC 06.373 and the Kvichak River Sockeye Salmon Special Harvest Area as provided in 5 AAC 06.374; (2) those waters of the Naknek River upstream of a line from an ADF&G regulatory marker located at 58° 43.55' N. lat., 157° 03.63' W. long. to an ADF&G regulatory marker located at 58° 42.43' N. lat., 157° 04.67' W. long.; however, the commissioner may open, by emergency order, waters of the Naknek River as provided in 5 AAC 06.360; (3) by set gillnets along the southeast shore of the Naknek Section from the Naknek-Kvichak District boundary north to 58° 37.15' N. lat., 157° 15.30' W. long. (c) The following locations in the Egegik District are closed to the taking of salmon: (1) those waters of the Egegik River upstream of a line from 58° 12.80' N. lat., 157° 17.04' W. long. to 58° 12.28' N. lat., 157° 18.53' W. long.; (2) all waters of the King Salmon River upstream of a line from 58° 13.92' N. lat., 157° 20.76' W. long. to 58° 13.49' N. lat., 157° 19.48' W. long.; (3) all waters of Big Creek upstream of a line from 58° 17.52' N. lat., 157° 32.16' W. long. to 58° 17.28' N. lat., 157° 31.91' W. long. (d) The following locations in the Ugashik District are closed to the taking of salmon: (1) those waters of the Ugashik River upstream of a line from 57° 30.19' N. lat., 157° 39.37' W. long. to 57° 29.83' N. lat., 157° 35.22' W. long., except that set gillnets may be used to take salmon along that portion of the east bank of the Ugashik River from a point at 57° 30.74' N. lat., 157° 24.10' W. long. to 57° 31.27' N. lat., 157° 24.36' W. long.; (2) all waters of Dago Creek upstream of a line from 57° 36.70' N. lat., 157° 36.75' W. long. to 57° 36.53' N. lat., 157° 36.08' W. long. (e) The following locations in the Togiak District are closed to the taking of salmon: (1) those waters of the Togiak River upstream of a line from 59° 03.33' N. lat., 160° 20.08' W. long. to 59° 03.58' N. lat., 160° 22.60' W. long.; (2) those waters of the Kulukak River upstream of a line from 58° 55.84' N. lat., 159° 43.42' W. long. to 58° 54.94' N. lat., 159° 43.81' W. long.; (3) from June 1 through July 15, those waters of the Togiak District inside a line from 59° 03.19' N. lat., 160° 20.18' W. long. to 59° 01.76' N. lat., 160° 28.17' W. long. are closed to commercial fishing for salmon with a drift gillnet. (f) Salmon may not be taken in any locations that are not described in 5 AAC 06.200, except as allowed in 5 AAC 06.330.
5 AAC 06.355. Bristol Bay Commercial Set and Drift Gillnet Sockeye Salmon Fisheries Management and Allocation Plan. (a) The purpose of this management and allocation plan is to ensure an adequate escapement, as determined by the department, of sockeye salmon into the river systems of the Nushagak, Naknek-Kvichak, Egegik, and Ugashik Districts and to distribute, to the extent practicable, the harvestable surplus of sockeye salmon to the set and drift gillnet fisheries for the allocation percentages specified in (b) of this section. This plan also provides management guidelines to the department in an effort to preclude allocations conflicts between various users of this resource. (b) It is the intent of the Board of Fisheries (board) that Bristol Bay sockeye salmon be harvested in the traditional harvest locations and that historical sockeye salmon catches be allocated between drift and set gillnet fisheries by district. To achieve this allocation, the department shall manage, to the extent practicable, the commercial sockeye salmon fisheries to achieve the allocation percentages established in 5 AAC 06.364 (Naknek-Kvichak District), 5 AAC 06.365 (Egegik District), 5 AAC 06.366 (Ugashik District), and 5 AAC 06.367 (Nushagak District). (c) Repealed 3/30/2007. (d) The department shall manage, subject to existing management plans, fishery openings, closures, and areas to (1) achieve adequate escapement from all segments of the run by spacing openings throughout the run and, to the extent practicable, manage for escapements to fall within the lower or upper portions of escapement goals proportional to the run size based on the preseason forecast and inseason assessment of the run size; (2) maintain and improve stock specific management through the use of district, subdistrict, and section openings and closures; (3) distribute fish within individual districts and subdistricts through the spacing and duration of openings; (4) reduce intensive boundary line fishing through the spacing and duration of openings; (5) reduce harvest of stocks bound for other districts, subdistricts, or sections in accordance with specific regulatory management plans.
5 AAC 06.356. General District Salmon Management Plan. (a) Repealed 3/30/2007. (b) Repealed 3/30/2007. (c) Repealed 3/30/2007. (d) Repealed 3/30/2007. (e) Repealed 3/30/2007. (f) Repealed 3/30/2007. (g) Repealed 3/30/2007. (h) Repealed 3/30/2007. (i) Repealed 3/30/2007.
5 AAC 06.357. Ugashik River Sockeye Salmon Special Harvest Area Management Plan. (a) The goal of this plan is to prevent the overescapement of sockeye salmon into the Ugashik River. (b) The commissioner may open, by emergency order, the Ugashik River Special Harvest Area to fishing by both drift and set gillnet when the commissioner projects that the sockeye salmon escapement into the Ugashik River will exceed the minimum of the escapement goal range. Separate set gillnet and drift gillnet areas in the Ugashik River Special Harvest Area are described in (c) and (d) of this section. (c) The Ugashik River Special Harvest Set Gillnet Area consists of all waters of the Ugashik River upstream of a line from 57° 29.62' N. lat., 157° 37.63' W. long. to 57° 29.83' N. lat., 157° 35.22' W. long., and downstream of a line from 57° 28.94' N. lat., 157° 34.56' W. long. to 57° 28.63' N. lat., 157° 35.24' W. long. (d) The Ugashik River Special Harvest Drift Gillnet Area is all waters upstream of a line from 57° 28.63' N. lat., 157° 35.24' W. long. to 57° 28.94' N. lat., 157° 34.56' W. long., and downstream of a line from 57° 28.76' N. lat., 157° 29.65' W. long. to 57° 29.60' N. lat., 157° 29.75' W. long. (e) When the Ugashik River Special Harvest Area is open under this section, (1) set gillnet gear may be operated only as follows: (A) a set gillnet may not exceed 25 fathoms in length; (B) a set gillnet may not be set or operated within 150 feet of another set gillnet; (C) repealed 4/4/2013; (D) no part of a set gillnet may be more than 500 feet from the 18-foot high tide mark; (E) the shoreward end of a set gillnet must go dry at low tide; (2) drift gillnets may be operated only as follows: (A) no more than 50 fathoms of drift gillnet may be used to take salmon; (B) a vessel may not have more than 150 fathoms of drift gillnet gear on board; (C) no part of a drift gillnet may be operated within 150 feet from the side of a set gillnet; (3) a CFEC permit holder may not use more than one gillnet to take salmon at any one time.
5 AAC 06.358. Wood River Sockeye Salmon Special Harvest Area Management Plan. (a) The goal of this plan is to achieve Nushagak River coho salmon spawning escapement, while providing opportunities to harvest Wood River sockeye salmon stocks that are in excess of spawning goals. It is the intent of the Board of Fisheries (board) that salmon in the Nushagak District should be harvested in the fisheries that have historically harvested them, including the methods, means, times, and locations of those fisheries, using the best biological management techniques and practices. This plan has been adopted to provide management alternatives that may be used by the department when differences in salmon run strengths would otherwise preclude the achievement of the goal of this plan. (b) The Wood River Special Harvest Area consists of the waters of the Wood River between a line from Hansen Point at 59° 06.05' N. lat., 158° 29.30' W. long. to a point across from Hansen Point at 59° 06.29' N. lat., 158° 28.84' W. long. and upstream to a line from a point on the west shore of the Wood River downstream of the Muklung River at 59° 09.71' N.lat., 158° 32.61' W. long. to a point on the east shore of the Wood River downstream of the Muklung River at 59° 09.78' N. lat., 158° 31.99' W. long., and the waters between a line from a point on the west shore of the Wood River upstream of the Muklung River at 59° 11.03' N. lat., 158° 32.82' W. long. to a point on the east shore of the Wood River upstream of the Muklung River at 59° 11.08' N. lat., 158° 32.48' W. long. and upstream to a line from a point on the west shore of the Wood River downstream of Silver Salmon Creek at 59° 12.26' N. lat., 158° 33.34' W. long. to a point on the east shore of the Wood River downstream of Silver Salmon Creek at 59° 12.20' N. lat., 158° 33.12' W. long. (c) The commissioner may open, by emergency order, the Wood River Special Harvest Area (1) when the department projects that the sockeye salmon escapement into the Wood River will exceed 700,000 fish and as follows: (A) if the preseason forecast for the Nushagak River sockeye salmon run is at least 1,000,000 fish, the department shall manage the Nushagak District to exceed a minimum sustainable escapement goal of 370,000 sockeye salmon to the Nushagak River, and the commissioner may open the Wood River Special Harvest Area only when department projections indicate the Nushagak River sockeye salmon escapement will be less than 370,000 fish; (B) if the preseason forecast for the Nushagak River sockeye salmon run is less than 1,000,000 fish and the ratio of Wood River to Nushagak River sockeye salmon is projected to be greater than three to one, the department shall manage the Nushagak District for an optimal escapement goal of at least 260,000 sockeye salmon to the Nushagak River, and the commissioner may open the Wood River Special Harvest Area only when department projections indicate the Nushagak River sockeye salmon escapement will be less than 260,000 fish; (C) if the inseason forecast prepared by the department during the first week of July for the Nushagak River sockeye salmon run is at least 1,000,000 fish, the department shall manage the Nushagak District to exceed a minimum sustainable escapement goal of 370,000 sockeye salmon to the Nushagak River, and the commissioner may open the Wood River Special Harvest Area only when department projections indicate the Nushagak River sockeye salmon escapement will be less than 370,000 fish; (D) if the inseason forecast prepared by the department during the first week of July for the Nushagak River sockeye salmon run is less than 1,000,000 fish, the department shall manage the Nushagak District for an optimal escapement goal of at least 260,000 sockeye salmon to the Nushagak River, and the commissioner may open the Wood River Special Harvest Area only when department projections indicate the Nushagak River sockeye salmon escapement will be less than 260,000 fish; (2) when the escapement goal for Wood River sockeye salmon has been achieved and commercial fishing in the Nushagak Section of the Nushagak District is closed to conserve coho salmon in the Nushagak River as specified in 5 AAC 06.368(d); (3) when the escapement of sockeye salmon into the Wood River exceeds 1,100,000 fish and the escapement is projected to exceed 1,400,000 fish; (4) when the Nushagak District is open and restricted to a maximum gillnet mesh size of four and three-quarters inches for the conservation of Nushagak River sockeye salmon under 5 AAC 06.367(e), and to control escapement of sockeye salmon into the Wood River. (d) When the Wood River Special Harvest Area is open under this section, the following apply within the open waters: (1) set gillnets may be operated only as follows: (A) a set gillnet may not exceed 25 fathoms in length; (B) a set gillnet may not be set or operated within 250 feet of another set gillnet; (C) all gear associated with set gillnet fishing must be removed when it is not being used to fish in the Wood River Special Harvest Area; (D) set gillnet running lines may not be in the water during a drift gillnet fishing period; (E) 5 AAC 06.331(i), (n), (o), and (p) do not apply except that the anchoring device may not be more than 50 feet from the web of the net; (F) a set gillnet may be set and operated seaward of another set gillnet. (2) drift gillnets may be operated only as follows: (A) no more than 75 fathoms of drift gillnet may be used to take salmon; (B) a person may not have more than 200 fathoms of drift gillnet on board a vessel; (3) notwithstanding 5 AAC 39.240, a person operating a commercial salmon fishing vessel in the Wood River Sockeye Salmon Special Harvest Area may carry additional drift or set gillnet gear on board the fishing vessel if the additional gear is stored in a net bag or in a brailer bag; for the purposes of this paragraph, "brailer bag" means a bag-shaped net on board a drift gillnet vessel used to lift fish from the hold of the vessel into a tender vessel, processing vessel, or processing facility; (4) except as specified in (5) of this subsection, when the Wood River Special Harvest Area is open, the drift gillnet and set gillnet fisheries will open separately, with a seasonal ratio of three drift gillnet gear fishing periods to every one set gillnet fishing period; (5) when the Wood River Special Harvest Area is open under (c)(3) of this section, the Wood River Special Harvest Area will be only open for the gear group that is behind in the allocation specified in 5 AAC 06.367(b) for the Nushagak District. (e) The commercial salmon fishery in the Wood River Special Harvest Area may be opened only during closures of the subsistence salmon fisheries within the Wood River Special Harvest Area.
5 AAC 06.359. Egegik River Sockeye Salmon Special Harvest Area Management Plan. (a) The goal of this plan is to minimize the interception of sockeye salmon migrating through the Egegik District and bound for spawning systems within the Naknek-Kvichak and Ugashik Districts, while providing opportunities within the Egegik District to harvest Egegik River sockeye salmon that are in excess of the spawning escapement goal. (b) The Egegik Special Harvest Area consists of the waters south of a line between 58° 18.05' N. lat., 157° 33.15' W. long. and 58° 17.93' N. lat., 157° 32.67' W. long., east of a line between 58° 18.05' N. lat., 157° 33.15' W. long. and 58° 09.91' N. lat., 157° 34.55' W. long., and north of a line between 58° 09.91' N. lat., 157° 34.55' W. long. and 58° 09.44' N. lat., 157° 32.97' W. long. Unless otherwise specified in this section, the applicable provisions in 5 AAC 06.001 - 5 AAC 06.380 apply to the Egegik Special Harvest Area. (c) The commissioner may close, by emergency order, that portion of the Egegik District bounded by a line from 58° 19.10' N. lat., 157° 36.65' W. long. to 58° 18.05' N. lat., 157° 33.15' W. long. to 58° 09.91' N. lat. 157° 34.55' W. long. to 58° 11.00' N. lat., 157° 38.10' W. long. to 58° 19.10' N. lat., 157° 36.65' W. long. if (1) the Naknek-Kvichak or Ugashik District is closed to fishing because the total season escapement is projected to be below the lower end of the escapement goal range; (2) all conservation measures have been taken within the district where the escapement is projected to be below the lower end of the escapement goal range; and (3) interceptions of Naknek, Kvichak, or Ugashik sockeye stocks within the Egegik District have been documented by past studies and inseason indicators. (d) If a district closed under (c)(1) of this section is reopened to fishing, the commissioner shall reopen that portion of the Egegik District that was closed under (c) of this section. (e) The department shall attempt to issue an emergency order under this section at least 48 hours before the effective time of the opening or closing. (f) If the midpoint of the escapement goal range is achieved in the Egegik District and the district boundary line has been moved into the Egegik Special Harvest Area, the 48-hour transfer notification period remains in effect for the Egegik District.
5 AAC 06.360. Naknek River Sockeye Salmon Special Harvest Area Management Plan. (a) The goal of this plan is to achieve Kvichak River sockeye salmon spawning escapement goals, while providing opportunities to harvest Naknek River salmon stocks that are in excess of spawning goals. It is the intent of the Board of Fisheries that salmon in the Naknek-Kvichak District should be harvested in the fisheries that have historically harvested them, including the methods, means, times, and locations of those fisheries, using the best biological management techniques and practices. This plan has been adopted to provide management alternatives that can be used by the department when differences in salmon run strengths would preclude the achievement of the goal of this plan using only the fisheries that have historically harvested those salmon. (b) The Naknek River Special Harvest Area (NRSHA) consists of the waters of the Naknek River from a line between two points located at 58° 43.37' N. lat., 157° 03.17' W. long. and at 58° 42.67' N. lat., 157° 03.44' W. long. upstream to the power lines across the river. (c) On or after June 27, when the department projects that the sockeye salmon escapement into the Naknek River will exceed 800,000 fish and the Kvichak River escapement projection is one or more days behind schedule for reaching its escapement goal, the commissioner may open, by emergency order, the NRSHA to the drift gillnet and set gillnet fisheries. The drift gillnet and set gillnet fisheries will open separately, with a seasonal ratio of three drift gillnet gear fishing periods to every one set gillnet fishing period. (d) The following provisions apply to set gillnet fishing in the NRSHA: (1) no more than 37.5 fathoms of set gillnet may be used to take salmon; (2) a set gillnet may not be set or operated within 150 feet of another set gillnet; (3) beyond 500 feet from shore, all gear associated with set gillnet fishing must be removed when it is not being used to fish in the NRSHA; (4) repealed 4/4/2013; (5) set gillnet running lines may not be in the water during a drift gillnet fishing period; (6) repealed 8/14/2006; (7) 5 AAC 06.331(i), (m), (o), and (p) do not apply except that the anchoring device may not be more than 50 feet from the web of the net; (8) a set gillnet may be set and operated seaward of another set gillnet. (e) The following provisions apply to drift gillnet fishing in the NRSHA: (1) no more than 75 fathoms of drift gillnet may be used to take salmon; (2) a CFEC permit holder may not use more than one gillnet to take salmon at any time; (3) a vessel may not have more than 150 fathoms of drift gillnet or 75 fathoms of set gillnet on board the vessel; (4) a drift gillnet may not be operated shoreward of the offshore end of a set gillnet; and (5) no part of a drift gillnet may be operated within 150 feet of the side of a set gillnet. (f) When the NRSHA is open to commercial fishing, the department shall manage the fishery, to the extent practicable, for an optimal escapement goal of 800,000 - 2,000,000 salmon. (g) After July 17, when the Naknek-Kvichak District is open to commercial fishing in the NRSHA, the commissioner may establish, by emergency order, new fishing periods other than the periods specified in 5 AAC 06.320(c)(2), during which the requirements for reregistration and the 48-hour transfer notification period specified in 5 AAC 06.370 will apply. (h) If the preseason forecast for the Kvichak River sockeye salmon is less than 30 percent above the minimum biological escapement goal, the commissioner may, by emergency order, open the NRSHA to the drift gillnet and set gillnet fisheries. (i) The commissioner may, by emergency order, open the NRSHA when the Naknek River escapement exceeds the mid-point of the escapement goal range and is projected to exceed the upper end of the escapement goal range; in the event of an emergency opening of the NRSHA (1) fishing periods may open concurrently with fishing periods in the Naknek Section and the Naknek-Kvichak District, except that drift gillnet fishing periods may close one hour before high tide; (2) fish harvested in the NRSHA shall be delivered before fishing the Naknek Section or the Naknek-Kvichak District; and (3) fish harvested in the Naknek Section or the Naknek-Kvichak District shall be delivered before fishing in the NRSHA.
5 AAC 06.361. Nushagak-Mulchatna King Salmon Management Plan. (a) The purpose of this management plan is to ensure biological spawning escapement requirements of king salmon into the Nushagak-Mulchatna river systems. It is the intent of the Alaska Board of Fisheries (board) that Nushagak-Mulchatna king salmon be harvested in the fisheries that have historically harvested them. This management plan provides guidelines to the department to preclude allocation conflicts between the various users of this resource. The department shall manage Nushagak-Mulchatna king salmon stocks in a conservative manner consistent with sustained yield principles and the subsistence priority. Additionally, the department shall manage the Nushagak fisheries for the following management measures: (1) to provide consistent sport fishing opportunity within and among seasons, including a level of inriver abundance as a given year's run timing allows, and a predictably open season; (2) to provide a directed commercial king salmon fishery when surplus is available; (3) to minimize disruptions to the commercial sockeye salmon fishery; (4) to provide reasonable opportunity for subsistence harvest of king salmon; (5) to ensure the subsistence fishery is the last fishery restricted or closed; (6) to achieve escapement goals for all species in the district; (7) to maintain a representation of age classes in the escapement similar to the run. (b) The department shall manage the commercial and sport fisheries in the Nushagak District as follows: (1) to achieve an inriver goal of 95,000 king salmon present in the Nushagak River upstream from the department sonar counter; the inriver goal provides for (A) a biological escapement goal of 55,000 - 120,000 fish; (B) reasonable opportunity for subsistence harvest of king salmon; and (C) a king salmon sport fishery guideline harvest level of 5,000 fish, 20 inches or greater in length; (2) in order to maintain a natural representation of age classes in the escapement, the department shall attempt to schedule commercial openings to provide pulses of fish into the river that have not been subject to harvest by commercial gear; (3) the department may close the commercial drift or set gillnet fishery if the harvest in the directed commercial king salmon fishery for either gear group is more than two sockeye salmon for every one king salmon; (4) consistent with 5 AAC 06.367 (Nushagak District Commercial Set and Drift Gillnet Sockeye Salmon Fisheries Management and Allocation Plan), to conserve king salmon the department shall manage for sockeye escapements in the Nushagak District to fall within (A) the lower half of each river's sockeye salmon escapement goal range when the Wood River sockeye salmon run is 5,000,000 fish or less and the Nushagak sockeye salmon run is 2,500,000 fish or less; or (B) the upper half of each river's sockeye salmon escapement goal range when the Wood River sockeye salmon run is greater than 5,000,000 fish or the Nushagak sockeye salmon run is greater than 2,500,000 fish based on the preseason forecast and inseason assessment of run size; (5) beginning June 25, the department shall consider when evaluating the total run of sockeye salmon to the Nushagak District all possible data sources including the preseason forecast, Port Moller test fishery indices, including stock and age composition, total catch and effort to date, age composition of catch and effort data, and district test fishing; (6) from June 1 through June 30, the department shall, in an attempt to conserve king salmon and to the extent practicable, conduct a gillnet test fishery to assess the abundance of sockeye and king salmon before opening by emergency order a fishing period directed at sockeye salmon. (c) If the total inriver king salmon return in the Nushagak River is projected to exceed 95,000 fish, the guideline harvest level described in (b)(1)(C) of this section does not apply and the department shall consider opening a directed commercial king salmon fishery. (d) If the spawning escapement of king salmon in the Nushagak River is projected to be more than 55,000 fish and the projected inriver return is less than 95,000 fish, the commissioner (1) shall close, by emergency order, the directed king salmon commercial fishery in the Nushagak District; during a closure under this paragraph, the use of a commercial gillnet with webbing larger than five and one-half inches in another commercial salmon fishery is prohibited; (2) repealed 5/31/2019; (3) repealed 5/31/2019. (e) If the spawning escapement of king salmon in the Nushagak River is projected to be less than 55,000 fish, the commissioner (1) shall close, by emergency order, the sockeye salmon commercial fishery in the Nushagak District until the projected sockeye salmon escapement into the Wood River exceeds 100,000 fish; (2) shall restrict to catch-and-release, by emergency order, the sport fishery directed for king salmon in the Nushagak River and prohibit the use of bait for fishing for all species of fish until the end of the king salmon season specified in 5 AAC 67.020 and 5 AAC 67.022(g); and (3) may establish, by emergency order, fishing periods during which the time or area is reduced for the inriver king salmon subsistence fishery in the Nushagak River. (f) Notwithstanding 5 AAC 06.200, in a directed king salmon commercial fishery, the southern boundary of the Nushagak District is a line from an ADF&G regulatory marker located at Etolin Point at 58° 39.37' N. lat., 158° 19.31' W. long., to 58° 33.92' N. lat., 158° 24.94' W. long. to Protection Point at 58° 29.27' N. lat., 158° 41.78' W. long. (g) During a directed king salmon commercial fishery in the Nushagak District, drift gillnet and set gillnet fishing periods will be of equal length, but do not have to be open concurrently.
5 AAC 06.362. Kvichak Section Set Gillnet Allocation Plan. Repealed.
5 AAC 06.363. Naknek Section Set Gillnet Allocation Plan. Repealed.
5 AAC 06.364. Naknek-Kvichak District Commercial Set and Drift Gillnet Sockeye Salmon Fisheries Management and Allocation Plan. (a) The purpose of this management plan is to establish the allocation of sockeye salmon between the commercial set and drift gillnet fisheries within the Naknek-Kvichak District and to establish management measures for the department to achieve the allocation. (b) Consistent with 5 AAC 06.355 and other applicable provisions of this chapter, the department shall manage the Naknek-Kvichak District set and drift gillnet fisheries during the fishing periods specified in 5 AAC 06.320(c)(1) to achieve biological escapement goals into the Kvichak and Naknek River systems and to distribute the harvestable surplus of sockeye salmon to the drift and set gillnet fisheries as follows: (1) drift gillnet - 84 percent; and (2) set gillnet - 16 percent as follows: (A) Kvichak Section set gillnet fishery - eight percent; and (B) Naknek Section set gillnet fishery - eight percent; (3) repealed 3/30/2007. (c) For the purpose of calculating the set and drift gillnet allocation percentages specified in (b) of this section, the accounting period is from June 1 through 9:00 a.m. July 17. (d) To achieve the allocations specified in (b) of this section, consistent with the management principles of 5 AAC 06.355 and other applicable provisions of this chapter, the commissioner (1) may establish, by emergency order, concurrent set and drift gillnet open fishing periods; set and drift gillnet fishing periods may be established at different times to obtain the set and drift gillnet sockeye salmon allocations specified in (b) of this section or at other times consistent with 5 AAC 06.355; (2) may commence the concurrent open fishing periods at the seven foot tide level; (3) may use short open commercial fishing periods so that all user groups have the opportunity to harvest fish; (4) may address changing conditions using publicized short notice openings. (e) To ensure adequate Kvichak River sockeye salmon spawning escapement goals, the department shall manage, to the extent practicable, a fishery in the Naknek Section to minimize fishing with set and drift gillnet gear during the ebb tide. (f) For the conservation of king salmon, the department shall, to the extent practicable, open and close commercial fishing periods for drift gillnet gear in the Naknek-Kvichak District to occur only between the seven-foot flood and seven-foot ebb tide stages, as measured at the mouth of the Naknek River.
5 AAC 06.365. Egegik District Commercial Set and Drift Gillnet Sockeye Salmon Fisheries Management and Allocation Plan. (a) The purpose of this management plan is to establish the allocation of sockeye salmon between the commercial set and drift gillnet fisheries within the Egegik District and to establish management measures for the department to achieve the allocation. (b) Consistent with 5 AAC 06.355 and other applicable provisions of this chapter, the department shall manage the Egegik District set and drift gillnet fisheries during the fishing periods specified in 5 AAC 06.320(c)(1) to achieve biological escapement goals into the Egegik River and to distribute the harvestable surplus of sockeye salmon to the drift and set gillnet fisheries as follows: (1) drift gillnet - 86 percent; and (2) set gillnet - 14 percent. (c) For the purpose of calculating the set and drift gillnet allocation percentages specified in (b) of this section, the accounting period is from June 1 through 9:00 a.m. July 17. (d) To achieve the allocations specified in (b) of this section, consistent with the management principles of 5 AAC 06.355 and other applicable provisions of this chapter, the commissioner (1) may establish, by emergency order, set and drift gillnet open fishing periods; set and drift gillnet fishing periods may be established at different times to obtain the set and drift gillnet sockeye salmon allocations specified in (b) of this section or at other times consistent with 5 AAC 06.355; (2) may use short open commercial fishing periods so that all user groups have the opportunity to harvest fish; (3) may adjust fishing periods in order to rotate the fishery between tides; (4) address changing conditions using publicized short notice openings. (e) From June 1 through July 1, only gillnets with a mesh size five and one-half inches or less may be used in the Egegik District. (f) In the drift gillnet fishery, the department shall manage, to the extent practicable, the Egegik District to minimize fishing with drift gillnet gear during the ebb tide. (g) Repealed 4/16/2023.
5 AAC 06.366. Ugashik District Set and Drift Gillnet Sockeye Salmon Fisheries Management and Allocation Plan. (a) The purpose of this management plan is to establish the allocation of sockeye salmon between the commercial set and drift gillnet fisheries within the Ugashik District and to establish management measures for the department to achieve the allocation. (b) Consistent with 5 AAC 06.355 and other applicable provisions of this chapter, the department shall manage the Ugashik District set and drift gillnet fisheries during the fishing periods specified in 5 AAC 06.320(c)(1) to achieve biological escapement goals into the Ugashik River and to distribute the harvestable surplus of sockeye salmon to the drift and set gillnet fisheries as follows: (1) drift gillnet - 90 percent; and (2) set gillnet - 10 percent. (c) For the purpose of calculating the set and drift gillnet allocation percentages specified in (b) of this section, the accounting period is from June 1 through 9:00 a.m. July 17, or at the end of any emergency order period specified in (d)(4) of this section. (d) To achieve the allocations specified in (b) of this section, consistent with the management principles of 5 AAC 06.355 and other applicable provisions of this chapter, the commissioner (1) may establish, by emergency order, concurrent set and drift gillnet open fishing periods; set and drift gillnet fishing periods may be established at different times to obtain the set and drift gillnet sockeye salmon allocations specified in (b) of this section or at other times consistent with 5 AAC 06.355; (2) may use short open commercial fishing periods so that all user groups have the opportunity to harvest fish; (3) address changing conditions using publicized short notice openings; (4) after July 17, may establish, by emergency order, fishing periods other than the fishing periods specified in 5 AAC 06.320(c)(2) during which the registration, reregistration, and the 48-hour notification period specified in 5 AAC 06.370 will apply. (e) If escapement in the Ugashik District is projected to exceed the minimum of the escapement goal range, the fishery may be allowed into the Ugashik River Special Harvest Area described in 5 AAC 06.357. (f) When the preseason forecast for the Kvichak River sockeye salmon run does not provide for an exploitation rate of greater than 40 percent it is the intent of the Board of Fisheries that (1) from June 16 through June 23, the department may not allow more than 48 hours of fishing in the Ugashik District; and (2) when the Naknek River Special Harvest Plan under 5 AAC 06.360 is also in effect, the Ugashik District boundary will consist of all waters south of a line between 57° 43.54' N. lat., 157° 43.25' W. long. and 57° 43.54' N. lat., 157° 41.82' W. long., and east of a line between 57° 43.54' N. lat., 157° 43.25' W. long. and 57° 29.10' N. lat., 157° 53.20' W. long. until June 29; on June 29 the Ugashik boundary will be restored to its original boundary specified in 5 AAC 06.200(d).
5 AAC 06.367. Nushagak District Commercial Set and Drift Gillnet Sockeye Salmon Fisheries Management and Allocation Plan. (a) The purpose of this management plan is to establish the allocation of sockeye salmon between the commercial set and drift gillnet fisheries within the Nushagak District and to establish management measures for the department to achieve the allocation. (b) Consistent with 5 AAC 06.355 and other applicable provisions of this chapter, the department shall manage the Nushagak District set and drift gillnet fisheries during the fishing periods specified in 5 AAC 06.320(b)(1) to achieve biological escapement goals into river systems of the Nushagak District and to distribute the harvestable surplus of sockeye salmon to the drift and set gillnet fisheries as follows: (1) drift gillnet - 74 percent; and (2) set gillnet - 26 percent as follows: (A) Igushik Section set gillnet fishery - six percent; and (B) Nushagak Section set gillnet fishery - 20 percent; (3) repealed 4/4/2013. (c) For the purpose of calculating the set and drift gillnet allocation percentages specified in (b) of this section, the accounting period is from June 1 through July 17. (d) To achieve the allocations specified in (b) of this section, consistent with the management principles of 5 AAC 06.355 and other applicable provisions of this chapter, the commissioner (1) may open, by emergency order, concurrent fishing periods and set gillnet only fishing periods at approximately two and one-half to three hours before high water, except that when a tide is greater than 18 feet, openings will begin at least three hours before high water; set and drift gillnet fishing periods may be established at different times to obtain the set and drift gillnet sockeye salmon allocations specified in (b) of this section or at other times consistent with 5 AAC 06.355; (2) may use short open commercial fishing periods so that all user groups have the opportunity to harvest fish; (3) may address changing conditions using publicized short notice openings. (e) If the commissioner determines it necessary for the protection of sockeye salmon, the commissioner may open, by emergency order, fishing periods in the Nushagak District during which gillnet mesh size may not exceed four and three-quarters inches.
5 AAC 06.368. Nushagak River Coho Salmon Management Plan. (a) The purpose of this management plan is to provide guidelines to ensure an adequate spawning escapement of coho salmon into the Nushagak River system. It is the intent of the Board of Fisheries (board) that Nushagak coho salmon be harvested by the fisheries that have historically harvested them. The plan in this section provides management guidelines to the department in an effort to preclude allocation conflicts between various users of this resource. The department shall manage coho salmon stocks in a conservative manner consistent with sustained yield principles and the subsistence priority. (b) The department shall manage the commercial fishery in the Nushagak District to achieve an inriver run goal of 70,000 - 130,000 coho salmon present in the Nushagak River upstream from the department sonar counter located near the village of Portage Creek by August 25. The inriver goal provides for (1) the department's sustainable escapement goal of 60,000 - 120,000 coho salmon upstream from the sonar counter by August 25; (2) a reasonable opportunity for subsistence harvest of coho salmon; and (3) a daily bag and possession limit of five coho salmon, and a guideline harvest level of 2,000 fish in the sport fishery; the sport fishery guideline harvest level of 2,000 fish does not apply if the total inriver coho salmon return is projected to be greater than 120,000 fish by August 25; the department shall manage the sport fishery to ensure that the sustainable escapement goal of 60,000 - 120,000 coho salmon is achieved. (c) If the total inriver coho salmon return in the Nushagak River is projected by the department to be less than 120,000 but at least 70,000 fish by August 25, the commissioner shall close, by emergency order, the directed coho salmon commercial fishery in the Nushagak District by August 1; and (1) repealed 4/16/2016; (2) the commissioner may restrict, by emergency order, the coho salmon sport fishery in the Nushagak River drainage upstream from the department sonar counter located near the village of Portage Creek so that the harvest does not exceed 2,000 coho salmon by one or more of the following: (A) reduce the bag and possession limit; (B) prohibit the use of bait; (C) restrict fishing times and areas; (D) restrict terminal tackle to single-hook artificial lures; and (E) allow catch-and-release fishing only; (3) it is the intent of the board that the lower the projected inriver coho salmon return is, the more restrictive that management measures will be in the sport and commercial fisheries under this section. (d) If the total inriver coho salmon return in the Nushagak River is projected by the department to be less than 70,000 fish and the number of spawners is projected to be more than 60,000 fish on August 25, the commissioner shall (1) close, by emergency order, the directed commercial fishery no later than August 1; (2) close, by emergency order, the coho salmon sport fishery in the Nushagak River drainage; and (3) restrict the coho salmon subsistence fishery in the Nushagak River drainage by establishing periods by emergency order, during which (A) coho salmon may be taken only from (i) 9:00 a.m. Monday to 9:00 a.m. Tuesday; (ii) 9:00 a.m. Wednesday to 9:00 a.m. Thursday; and (iii) 9:00 a.m. Friday to 9:00 a.m. Saturday; and (B) set gillnets may not be more than 10 fathoms in length. (e) If the number of coho salmon spawners in the Nushagak River is projected by the department to be less than 60,000 fish by August 25, the department shall close the subsistence, commercial, and sport fisheries.
5 AAC 06.369. Togiak District Salmon Management Plan. (a) The department shall manage the commercial salmon fishery in the Togiak District in accordance with the guidelines set out in this management plan. The goal of this plan is to ensure adequate spawning and harvest objectives for sockeye, coho, and king salmon stocks returning to the Togiak District. It is the intent of the Board of Fisheries (board) that Togiak District salmon stocks be harvested in the fisheries that have historically harvested them. The department shall manage the Togiak District salmon stocks in a conservative manner consistent with sustained yield principles and the subsistence priority. (b) The department shall manage the commercial fishery in the Togiak River Section of the Togiak District to achieve adequate escapement from all segments of the run by spacing openings throughout the run and, to the extent practicable, manage for escapements within the lower or upper portions of escapement goals proportional to the run size based on the preseason forecast and inseason assessment of the run size. (c) Fishing periods in the Togiak District under this section are as follows: (1) from 9:00 a.m. June 1 to 9:00 a.m. September 30, salmon may be taken in the Togiak District during fishing periods established under 5 AAC 06.320, except that in the Togiak River Section of the Togiak District, from July 1 through July 16, the weekly fishing periods shall be 9:00 a.m. Monday to 9:00 p.m. Saturday; (2) the commissioner may reduce, by emergency order, fishing periods if information sources indicate a lack of spawning escapement; information sources may include such factors as observations by local elders, fish caught and observed in subsistence nets, sonar counts, counting tower counts, creel counts, test fisheries, daily monitoring, and aerial surveys; (3) the commissioner may increase, by emergency order, the fishing periods in the Togiak River Section of the Togiak District by a maximum of 48 hours each week, in addition to the normal weekly schedule, if the commissioner determines that sockeye salmon run strength warrants additional fishing time. (d) From 9:00 a.m. June 15 to 9:00 a.m. July 15, only gillnets with a mesh size of five and one-half inches or less will be allowed in the Togiak District under this section. If the commissioner determines that the king salmon run strength is adequate to sustain a directed king salmon fishery, the commissioner may close, by emergency order, the commercial salmon fishing season and immediately reopen that season during which there is no mesh size restriction for set gillnets.
5 AAC 06.370. Registration and reregistration. (a) Before taking salmon in the Bristol Bay Area, a CFEC salmon drift gillnet permit holder shall register for a district described in 5 AAC 06.200. Before taking salmon in the Nushagak District, a CFEC salmon set gillnet permit holder shall register for a statistical area described in (l) of this section. A CFEC salmon drift gillnet permit holder also shall register for the same district the drift gillnet vessel that the permit holder will be operating. For the purposes of this section, a CFEC salmon drift gillnet permit holder and a drift gillnet vessel may be registered in only one district at a time and a CFEC salmon set gillnet permit holder in the Nushagak District may be registered in only one statistical area at a time. Initial district registration and statistical area registration is accomplished by completing a registration form provided by the department and returning the completed form to the department office in Dillingham or King Salmon or electronically on the department's website. (b) Except when fishing as a crewmember, a CFEC salmon drift gillnet permit holder intending to transfer to and fish in a new district for which the permit holder is not registered shall register the permit holder and the vessel that the permit holder will use to take salmon for the new district at least 48 hours before fishing in the new district. Reregistration is accomplished by the permit holder or the permit holder's authorized agent completing a form provided by the department and submitting the completed form to a local representative of the department in person or electronically on the department's Internet website. The 48-hour district transfer notification period starts when the reregistration form is signed by the local representative of the department or when the permit holder receives the computerized acceptance notification. The drift gillnet permit holder and the drift gillnet vessel may not fish in the original district during the 48-hour notification period. The notification period may be reduced by commissioner's announcement. District reregistration is not required after 9:00 a.m. July 17, except in the Ugashik District, as set out under 5 AAC 06.366(d)(4), the Naknek-Kvichak District, as set out under 5 AAC 06.360(g) and 5 AAC 06.374(g), and the Egegik District, as set out under 5 AAC 06.359(f). (c) After use of either drift gillnet or set gillnet gear, use of the other type of gear is not permitted until 24 hours, or a reduced period specified by commissioner's announcement, have elapsed following notification to the department of the type of gear intended to be used. After 9:00 a.m. July 17, changing to either drift gillnet or set gillnet gear may be done without notification to the department of the type of gear intended to be used. (d) Notification of a change in gear types may be made with the local representative of the department, and may be accomplished in person or by radio or through a designated representative of the fisherman. However, the 24-hour notification period, or a reduced period specified by commissioner's announcement, does not begin before the time that notification is received and noted by the department. (e) Repealed 5/14/98. (f) Except in the Ugashik District, as specified in 5 AAC 06.366(d)(4), the Naknek-Kvichak District, as specified in 5 AAC 06.360(g), and the Egegik District, as specified in 5 AAC 06.359(f), the commissioner shall waive, by announcement, the 48-hour district transfer notification period required by this section when the midpoint of the escapement goal range for sockeye salmon has been achieved for that district. (g) Repealed 1/29/72. (h) From June 1 through September 30, an Area T CFEC salmon permit holder may use, to take salmon, only the vessel identified on the permit, unless the permit holder has registered, in person, at the department's King Salmon or Dillingham offices, to use another vessel. An Area T CFEC salmon permit holder on board an unregistered vessel is presumed to have been responsible for the salmon fishing operations of that vessel for that year. (i) An agent representing a CFEC permit holder on matters of district registration and reregistration must be annually authorized to do so on a form provided by the department. The form must state that registration or reregistration accomplished by a CFEC permit holder's authorization agent does not waive the strict liability standard in 5 AAC 39.002 as it applies to the CFEC permit holder. (j) A person who receives an emergency transfer (transferee) of a CFEC permit under 20 AAC 05.1740 may not register in a district other than the district in which the CFEC permit holder is registered when the emergency transfer occurs, unless the transferee has complied with the 48-hour district transfer notification period required by this section. (k) Notwithstanding (b) of this section, a CFEC permit holder and fishing vessel registered before 9:00 a.m. July 17 to fish in the (1) Togiak District may not take salmon or be used to take salmon in the Nushagak, Naknek-Kvichak, Egegik, or Ugashik district from 9:00 a.m. June 1 until the midpoint of the escapement goal range is achieved in the Togiak District as specified by commissioner's announcement; if the midpoint of the escapement goal is achieved before 9:00 a.m. July 17, the provisions set out in (b) of this section are in effect; (2) Nushagak, Naknek-Kvichak, Egegik, or Ugashik District may not take salmon or be used to take salmon in the Togiak District from 9:00 a.m. June 1 until the midpoint of the escapement goal range is achieved in the Togiak District as specified by commissioner's announcement; if the midpoint of the escapement goal is achieved before 9:00 a.m. July 17, the provisions set out in (b) of this section are in effect. (l) In the Nushagak District, a CFEC salmon set gillnet permit holder intending to transfer to and fish in a new statistical area for which the permit holder is not registered shall register for the new statistical area at least 48 hours before fishing in the new statistical area. Reregistration is accomplished by the permit holder, or the permit holder's authorized agent, completing a form provided by the department and submitting the completed form, in person, to an authorized representative of the department. The 48-hour statistical area transfer notification period begins when the reregistration form is signed by the authorized representative of the department. The set gillnet permit holder may not fish in the original statistical area during the 48-hour notification period. The notification period may be reduced by commissioner's announcement. Reregistration is not required after 9:00 a.m. July 17. For the purpose of this section, statistical areas in the Nushagak District are defined as follows: (1) Igushik Statistical Area: all waters of the Igushik Section, as described in 5 AAC 06.200(1); (2) Snake River Statistical Area: all waters of the Snake River Section, as described in 5 AAC 06.200(2); (3) Coffee Point Statistical Area: all waters of the Nushagak Section, as described in 5 AAC 06.200(3), between a point two miles below Bradford Point at 58° 58.63' N. lat., 158° 33.62' W. long. and a point four miles below Coffee Point at 58° 52.90' N. lat., 158° 43.30' W. long.; (4) Ekuk Statistical Area: all waters of the Nushagak Section, as described in 5 AAC 06.200(3), between Ekuk at 58° 49.15' N. lat., 158° 33.30' W. long. and Etolin Point at 58° 39.37' N. lat., 158° 19.31' W. long.; (5) Clark's Point Statistical Area: all waters of the Nushagak Section, as described in 5 AAC 06.200(3), between Clark's Point at 58° 50.71' N. lat., 158° 32.49' W. long. and Ekuk at 58° 49.15' N. lat., 158° 33.30' W. long.; (6) Queen's Statistical Area: all waters of the Nushagak Section, as described in 5 AAC 06.200(3), enclosed by a line from a point at 58° 51.27' N. lat., 158° 30.34' W. long. to the outlet of Queen's Slough at 58° 51.41' N. lat., 158° 30.38' W. long.; (7) Combine Statistical Area: all waters of the Nushagak Section, as described in 5 AAC 06.200(3), between Nushagak Point at 58° 56.79' N. lat., 158° 29.53' W. long. and Clark's Point at 58° 50.71' N. lat., 158° 32.49' W. long., except those waters described in (6) of this subsection. (m) A CFEC salmon drift gillnet permit holder who is registered for a district and intends to operate a different vessel in that same district must first reregister with the department identifying the substitute vessel the permit holder will be operating. If the substitute vessel has already been registered in that same district for at least 48 hours, the permit holder may begin fishing as soon as reregistration is completed. If the substitute vessel has not been registered in that same district for at least 48 hours, the permit holder may not begin fishing until the completion of the 48-hour notification requirement.
5 AAC 06.373. Alagnak River Sockeye Salmon Special Harvest Area Management Plan. (a) The goal of this management plan is to allow the harvest of surplus Alagnak River sockeye salmon stocks in the Alagnak River Special Harvest Area while conserving Kvichak River sockeye salmon. (b) The Alagnak River Special Harvest Area (ARSHA) consists of the waters of the Alagnak River between a line from 59° 00.33' N. lat., 156° 49.43' W. long. to 59° 00.00' N. lat., 156° 49.00' W. long. upstream to a line from 59° 01.17' N. lat., 156° 45.68' W. long. to 59° 00.90' N. lat., 156° 45.31' W. long. (c) Salmon may be taken in the ARSHA under this section only during fishing periods established by emergency order. The commissioner may open, by emergency order, the ARSHA only after the Alagnak River sockeye salmon sustainable escapement goal has been met. To ensure adequate Alagnak River king salmon escapement, the department shall, to the extent practicable, manage the ARSHA to minimize the harvest of king salmon. (d) Salmon may be taken in the ARSHA with set gillnet and drift gillnet gear. Salmon harvested in the ARSHA will not count against the allocations of sockeye salmon to the gillnet fisheries specified in 5 AAC 06.364(b). To the extent practicable, drift gillnet and set gillnet fishing will open separately, with openings alternating between the two gear groups. If, after a total of four openings, the harvest from either gear group is less than 50 percent of the other gear group's harvest, alternating openings will not be required, and the department may increase the number of openings for the gear group with the greater harvest. (e) When the ARSHA is open under this section, a gillnet may only be operated as follows: (1) a set gillnet may not exceed 25 fathoms in length; (2) a set gillnet may not be set or operated within 150 feet of another set gillnet; (3) repealed 5/26/2006; (4) a set gillnet must be operated in a substantially straight line perpendicular to the nearest bank of the Alagnak River; (5) repealed 4/4/2013; (6) all gear and equipment associated with set gillnet fishing in the ARSHA must be removed from the water when it is not being used to fish in the ARSHA; (7) no more than 50 fathoms of drift gillnet may be used to take salmon; (8) a CFEC permit holder may not use more than one gillnet to take salmon at any time; (9) a drift gillnet vessel may not have more than 150 fathoms of drift gillnet on board the vessel; (10) 5 AAC 06.331(i), (m), (o), and (p) do not apply except that the anchoring device may not be more than 50 feet from the web of the net; (11) a set gillnet may be set or operated seaward of another set gillnet. (f) Repealed 5/26/2006. (g) Repealed 5/26/2006.
5 AAC 06.374. Kvichak River Sockeye Salmon Special Harvest Area Management Plan. (a) The goal of the Kvichak River Sockeye Salmon Special Harvest Area Management Plan is to achieve the Naknek River sockeye salmon spawning escapement goal while providing opportunities to harvest Kvichak and Alagnak River salmon stocks that are in excess of spawning escapement goals. The intent of the Board of Fisheries is that salmon in the Naknek-Kvichak District be harvested in the fisheries that have historically harvested them, including the methods, means, times, and locations of those fisheries, using the best biological management techniques and practices. The plan has been adopted to provide management alternatives that the department may use if differences in salmon run strengths would preclude the achievement of the goal of the plan using only the fisheries that have historically harvested those salmon. (b) The Kvichak River Sockeye Salmon Special Harvest Area consists of the waters of the Kvichak River upstream of a line from 58° 52.78' N. lat., 157° 00.63' W. long., to 58° 54.02' N. lat., 157° 03.99' W. long., to a line located below the mouth of the Alagnak River at 58° 59.84' N. lat., 156° 51.91' W. long., to 59° 00.26' N. lat., 156° 53.36' W. long. (c) If the department projects that the sockeye salmon escapement into the Kvichak River will exceed 4,000,000 fish and the Naknek River escapement projection is one or more days behind the schedule determined by the department for reaching the lower bound of the escapement goal, the commissioner may open, by emergency order, the special harvest area to the drift gillnet and set gillnet fisheries. The department shall, to the extent practicable, manage the special harvest area to minimize the harvest of king salmon. (d) The drift gillnet and set gillnet fisheries will open separately, with a seasonal ratio of three drift gillnet fishing periods to every one set gillnet fishing period. The first fishing period will open to set gillnets. (e) The following provisions apply to set gillnet fishing in the special harvest area: (1) not more than 37 and one-half fathoms of set gillnet may be used to take salmon; (2) a set gillnet may not be set or operated within 150 feet of another set gillnet; (3) beyond 500 feet from shore, gear associated with set gillnet fishing must be removed when the gear is not being used to fish in the special harvest area; (4) a set gillnet running line may not be in the water during a drift gillnet fishing period; (5) set gillnet fishing in the special harvest area is exempt from 5 AAC 06.331 (i), (m), (o), and (p); (6) a set gillnet may be set and operated seaward of another set gillnet; (7) a vessel may not have more than 75 fathoms of set gillnet on board the vessel. (f) The following provisions apply to drift gillnet fishing in the special harvest area: (1) not more than 75 fathoms of drift gillnet may be used to take salmon; (2) a CFEC permit holder may not use more than one gillnet to take salmon at any time; (3) a vessel may not have more than 150 fathoms of drift gillnet on board the vessel; (g) Beginning July 17, 2025, when the Naknek-Kvichak District is open to commercial fishing in the special harvest area the commissioner may establish, by emergency order, new fishing periods other than the periods set out under 5 AAC 06.320(c), during which the requirements for reregistration and the 48-hour transfer notification period set out under 5 AAC 06.370 will apply.
5 AAC 06.375. Landing requirements. (a) All salmon must be landed in the district in which the salmon were taken, except that (1) a vessel used to take salmon may have salmon on board when the vessel is no more than one mile outside the district from which the salmon were taken; (2) a vessel that is more than one-half mile inside the boundary of the Snake River Section of the Nushagak District may not have salmon on board the vessel, except that a set gillnet fishing vessel may have salmon on board in the entire Snake River Section; (3) when outside a district, a vessel used to take salmon may have on board up to 50 salmon for personal use, if the salmon are headed and gutted; (4) the commissioner may waive the requirements of this subsection if the commissioner determines it is necessary in order to conduct an orderly fishery. (b) From January 1 through June 30 and from August 1 through December 31, salmon caught in the Cinder River and Port Heiden Sections of the Alaska Peninsula Area can be legally transferred and sold in the Ugashik District. At the time of sale, the salmon permit holder must state the section in which the fish were caught.
5 AAC 06.377. Reporting requirements. (a) The operator of a floating salmon processing vessel or tender, or a shorebased processing operation, and a company employing aircraft used for transporting salmon, shall report in person or through an authorized agent to the local representative of the department of the initial district of intended operations before the start of processing or buying operations. The report must include the location and the date of intended operations, and identify and describe each vessel or method of transport employed in hauling or processing salmon. Before moving a processing or buying operation to a new district, the operator shall notify the local representative of the department by radio, telephone, or in person. If requested by the department, the operator or authorized agent of the operator must provide information to the department regarding the operator's processing or buying activities, including processing or buying capacity. (b) Each commercial fisherman shall report, on an ADF&G fish ticket, at the time of landing, the number of king and coho salmon taken but not sold. (c) if the department adopts a reporting requirement, an S03T or S04T CFEC permit holder shall report, on a form provided by the department, the total number of king salmon that were harvested in a commercial fishery and retained for personal use annually as follows: (1) CFEC permit number; (2) statistical area of harvest; (3) the permanent ADF&G vessel license plate number; if applicable (4) date of harvest; (5) number of king salmon greater than 28 inches in length; (6) number of king salmon between 20 and 28 inches in length; (d) A report described in (c) of this section must be submitted to the department not later than November 30, by means specified by the department.
5 AAC 06.378. Use of aircraft unlawful. Repealed 6/19/92.
5 AAC 06.379. Use of aircraft unlawful. A person may not use or employ an aircraft to locate salmon for the commercial taking of salmon or to direct commercial fishing operations in the Bristol Bay Area one hour before, during, and one hour after a commercial salmon fishing period.
5 AAC 06.380. Unlawful possession of subsistence-taken salmon. It is unlawful to purchase or sell salmon from which both lobes of the caudal fin (tail) or the dorsal fin have been removed.
5 AAC 06.390. Special drift gillnet commercial fishing periods in the Nushagak District. (a) It is the intent of the Alaska Board of Fisheries (board) that special drift gillnet fishing periods within the Bristol Bay commercial drift gillnet fishery in the Nushagak District be available to promote the local economy by allowing drift gillnet permit holders to diversify operations and realize benefits from the short-term commercial fishing licenses provided for in AS 16.05.480(i). (b) From June 1 through September 30, the commissioner may, by emergency order, open and close special drift gillnet fishing periods in the waters of the Nushagak River downstream of a line from 58° 59.39' N. lat., 158° 32.08' W. long. to 58° 59.20' N. lat., 158° 28.54' W. long., and upstream of a line from 59° 02.18' N. lat., 158° 27.20' W. long. to 59° 02.00' N. lat., 158° 22.17' W. long. (c) In order to participate in a special drift gillnet fishing period (1) the drift gillnet vessel and permit holder must be registered for the Nushagak District under 5 AAC 06.370; (2) the permit holder must register in person with the department at the department office in Dillingham; and (3) there must be at least one paying client on board the vessel and all crewmembers on board the vessel must possess a commercial crewmember license issued under AS 16.05.480. (d) While participating in a special drift gillnet fishing period (1) only permit holders and crewmembers may be on board the vessel; (2) only a single gillnet may be used; the gillnet may not (A) be greater than five and one-half inches mesh size; (B) exceed 25 fathoms in length; and (C) be greater than 29 meshes in depth; (3) the vessel and drift gillnet must maintain a distance of at least 100 feet from the end of a set gillnet and at least 500 feet from either side of a set gillnet; (4) a vessel may not take more than 90 fish daily, of which no more than 15 may be king salmon; all fish harvested must be retained; fish harvested in excess of the limit of a daily limit shall be sold and the proceeds forfeited to the state; if no processor is available for the sale, the fish will be forfeited to the department and disposed of at the department's discretion; (5) the permit holder must keep a logbook, on a form provided or approved by the department, for each commercial fishing trip; the logbook shall be completed before the offloading of any crewmembers or any fish taken, and the logbook must include (A) the total harvest by species of fish retained for home use and sold commercially; (B) the name, address, license number, and number of fish retained by each crewmember or permit holder for home use; and (C) any other information the commissioner determines is necessary for conservation and management purposes; (6) a fish ticket must be generated for each trip in which the catch is sold commercially or when a king salmon or coho salmon is harvested. (e) During or after a special drift gillnet fishing period a permit holder must remove all fish harvested in the special drift gillnet fishing period from the vessel before participating in the regular commercial drift gillnet fishery. (f) Repealed 4/9/2010.
5 AAC 06.391. Nushagak District King Salmon Stock of Concern Management Plan. (a) The purpose of this management plan is to provide management tools and guidelines to the department for the management of Nushagak District salmon fisheries, while Nushagak River king salmon are listed as a stock of management concern, which will result in 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. (b) While the Nushagak River king salmon are listed as a stock of management concern, it is the intent of the board that all Nushagak District salmon stocks are managed conservatively through June 28 to protect Nushagak River king salmon, consistent with 5 AAC 39.222 (policy for the management of sustainable salmon fisheries). (c) The department shall manage commercial fisheries in the Nushagak District as follows: (1) to achieve an inriver run goal of 95,000 king salmon in the Nushagak River consistent with the Nushagak-Mulchatna King Salmon Management Plan as described in 5 AAC 06.361(b)(1); (2) when the Wood River sockeye salmon forecast or in season projection is less than 5,000,000 fish the department shall manage for the current sustainable escapement goal (SEG) of 700,000 to 1,800,000 fish; (3) when the Wood River sockeye salmon forecast or inseason assessment of run size is greater than five million fish the department shall manage to achieve a Wood River sockeye salmon optimal escapement goal (OEG) of 700,000 fish to an upper bound that is up to 15 percent of the Wood River run size above the 1,800,000 fish upper bound of the SEG, based on the preseason forecast and in season assessment of run size; (4) when the Nushagak River sockeye salmon forecast or inseason projection is less than 2,500,000 fish, the department shall manage for the current SEG of 370,000 to 900,000 fish; (5) when the Nushagak River sockeye salmon forecast or inseason assessment of run size is greater than 2,500,000 fish the department shall manage to achieve a Nushagak River sockeye salmon OEG of 370,000 fish to an upper bound that is up to 15 percent of the Nushagak run size above the 900,000 fish upper bound of the SEG, based on the preseason forecast and in season assessment of run size. (d) Before 9:00 a.m. June 28, if the Nushagak king salmon inriver run size is projected to be less than 95,000 fish, the commissioner shall close, by emergency order, the sockeye salmon commercial drift gillnet fishery in the Nushagak District, and the sockeye salmon commercial set net fishery in the Nushagak Section of the Nushagak District until (1) the sockeye salmon sonar estimate in the Nushagak River is projected to exceed six percent of the Nushagak River sockeye salmon run based on the Nushagak River sockeye salmon preseason forecast and inseason assessment of run size; or (2) the sockeye salmon count past the Wood River counting tower is projected to exceed 10 percent of the Wood River sockeye salmon run size based on the Wood River sockeye salmon preseason forecast and inseason assessment of run size. (e) The department shall manage the sport fishery in the Nushagak River drainage, excluding the Wood River drainage, as follows: (1) the annual limit for king salmon 20 inches or greater in length is four fish, of which only one fish may be 28 inches or greater in length; (2) if the total inriver king salmon run return in the Nushagak River is projected to exceed 95,000 fish, the commissioner may, by emergency order, increase the annual limit for king salmon to four king salmon, 20 inches or greater in length, with no restrictions for fish over 28 inches in length. (f) Subsistence fisheries will be managed in accordance with the rest of this title.
Article 4
Bottomfish Fishery
Repealed 7/30/89
5 AAC 06.410 was repealed as of Register 110.
Article 5
Smelt Fishery
5 AAC 06.510. Fishing season. Repealed.
5 AAC 06.560. Disposal of capelin. Repealed.
5 AAC 06.570. Bristol Bay Capelin Management Plan. (a) Capelin (Mallotus villosus) may be taken only in the Togiak District described in 5 AAC 06.200(e), and only under the conditions of a permit issued by the commissioner or the commissioner's designee. (b) The permit required in (a) of this section shall include reporting requirements and any other conditions determined necessary by the commissioner for conservation and management purposes. (c) Capelin may be taken only from April 15 through May 30. (d) Capelin may be taken only with purse seines. (e) No more than 200 tons of capelin may be taken annually.
Article 6
Herring Fishery
Repealed 4/8/79
Article 7
Shellfish Fishery
5 AAC 06.700. Fishing districts. Repealed 6/15/74.
5 AAC 06.705. Application of regulations to adjacent high seas areas. Repealed 6/15/74.
5 AAC 06.710. Fishing seasons. Repealed 10/12/74.
5 AAC 06.730. Gear. Repealed 6/15/74.
5 AAC 06.750. Shellfish pot specifications and operation. Repealed 10/12/74.
5 AAC 06.760. Quotas. Repealed 6/15/74.
5 AAC 06.792. Size limits. Repealed 8/14/70.
Article 9
Subsistence Fishery
5 AAC 06.910. Fishing seasons. Repealed 6/30/79.
5 AAC 06.920. Weekly fishing periods. Repealed 6/30/79.
5 AAC 06.930. Gear. Repealed 6/30/79.
5 AAC 06.931. Gillnet specifications and operation. Repealed 6/30/79.
5 AAC 06.934. Identification of gear. Repealed 3/8/74.
5 AAC 06.935. Minimum distance between units of gear. Repealed 6/30/79.
5 AAC 06.950. Closed waters. Repealed 6/30/79.
5 AAC 06.960. Quotas. Repealed 6/30/79.
5 AAC 06.980. Permits. Repealed 6/30/79.
5 AAC 06.990. Restrictions. Repealed 6/30/79.