5 AAC 01.599 took effect May 22, 1991 as an emergency regulation. On May 30, 1991, the Superior Court found the regulation invalid as an emergency regulation. Therefore, it was not published in Register 118 (July 1991). The regulation subsequently was filed as a "regular" regulation. At its November 8 - 20, 1992 meeting, the Board of Fisheries readopted 5 AAC 01.599(1), (2)(A), (2)(B), (2)(C)(i), (2)(C)(iv), (2)(C)(v), and (3) in their entirety without change, under ch. 1, SSSLA 1992 (the 1992 subsistence law), which repealed and reenacted AS 16.05.258. In the subsistence taking of smelt,

1. (1) there are no bag or possession limits;

2. (2) smelt may be taken

   1. (A) in salt water from April 1 through May 31 and September 1 through October 30;
   2. (B) in fresh water from April 1 through June 15;

   3. (C) only with the following gear:

      1. (i) dip nets may be used in fresh and salt water;
      2. (ii) gillnets may be used in fresh and salt water;
      3. (iii) repealed 5/14/93;
      4. (iv) no gillnet fished in salt water may exceed 50 feet in length and two inches in mesh size;
      5. (v) no gillnet fished in fresh water may exceed 20 feet in length and two inches in mesh size; and
      6. (vi) repealed 6/7/95;
   4. (D) repealed 5/6/94;
   5. (E) only outside the boundary of the nonsubsistence area described in 5 AAC 99.015(a)(3);
3. (3) each gillnet must be attended by the fisherman at all times when it is being used to take fish.

(Eff. 7/21/91, Register 119; am/readopt 5/14/93, Register 126; am 5/6/94, Register 130; am 6/7/95, Register 135; am 9/29/95, Register 135)