1. (a) Except as provided in (e) of this section, a CFEC permit holder may operate no more than two set gillnets with no more than 150 fathoms of set gillnet in the aggregate, except that in the Central Section of the Northwest Kodiak District, the aggregate length may be no more than 175 fathoms.

2. (b) Seine webbing no greater than 3.75 inch mesh size, or polypropylene webbing 3 millimeters or greater in diameter, may be used on the shoreward end of a set gillnet and the length of the seine webbing used may extend no more than 50 fathoms seaward of the beach at the lowest tide of the current day, except that in the Alitak District,

   1. (1) seine webbing may be used only from the high tide mark seaward, and no portion of the seine web may be in water deeper than five feet at the lowest tide of the current day;

   2. (2) in the Alitak Bay Section and that portion of the Moser Bay Section south of a line from Bun Point to the opposite shore at 56° 57.95' N. lat., 154° 08.70' W. long., seine webbing may be used only from the high tide mark seaward, and must meet one of the following requirements:

      1. (A) no portion of the seine web may be in water deeper than five feet at the lowest tide of the current day; or
      2. (B) the length of seine webbing used may be no more than 20 fathoms per set.
3. (c) Set gillnets must be operated in substantially a straight line, except that no more than 50 fathoms of a set gillnet may be used as a hook. A hook may be used in any configuration.
4. (d) Except as provided in (i) of this section, the shoreward end of a set gillnet must be attached to a point of land that is exposed at the lowest tide of the day or to a rock that is within five feet of the surface at the lowest tide of the day. For the purpose of this section, "a rock" is any naturally located or created geological formation that shows no evidence of having been located or created through man-made means. A set gillnet may not be attached to the beach inside closed waters.

5. (e) Two salmon set gillnet CFEC permit holders may form a joint venture and combine their gear under the following conditions:

   1. (1) a permit must be obtained from a local representative of the department before a joint venture may start operations;
   2. (2) only one permit per year will be issued for each joint venture;
   3. (3) the permit must be signed by both CFEC permit holders and each must have a copy of the permit readily available for inspection;
   4. (4) the permit may be canceled by the department upon the request of one of the joint venture operators;
   5. (5) the gear and site markers required by 5 AAC 39.280 must bear the five-digit CFEC permit serial number of both permit holders;
   6. (6) a single set gillnet may not be more than 150 fathoms in length, except that in the Central Section of the Northwest Kodiak District, a single set gill net may not be more than 175 fathoms in length;
   7. (7) a joint venture may operate not more than three set gillnets, with not more than 300 fathoms of gillnet gear in the aggregate, except that in the Central Section of the Northwest Kodiak District, the aggregate length may be not more than 350 fathoms in length; and
   8. (8) both parties of the joint venture are legally responsible for the operation of all gear of the joint venture.

6. (f) Set gillnet gear, including running lines, shore leads, anchors, and buoys, may not be placed in the water, and signs required by 5 AAC 18 or 5 AAC 39 may not be placed on the beach, before emergency order openings of the

   1. (1) closed waters areas of Upper Olga Bay described in 5 AAC 18.350(a)(1)(B)(i);
   2. (2) Dog Salmon Flats Section; and
   3. (3) the portions of the Humpy-Deadman and Cape Alitak Sections described in 5 AAC 18.330(d)(3).
7. (g) No gillnet may be more than 125 meshes in depth.
8. (h) In the Alitak District, the shoreward end of a set gillnet may not begin further seaward, or in water deeper, than the limit specified for seine webbing in (b) of this section.

9. (i) In the Alitak Bay, Moser Bay, and Olga Bay Sections, the shoreward end attachment point of a set gillnet must be attached to a point of land or rock that is no more than 2.1 feet below the surface of the water at mean lower low water at Alitak Bay. The shoreward end attachment point of a set gillnet in the Alitak Bay, Moser Bay, and Olga Bay Sections that is not above the surface of the water at all times

   1. (1) must be certified, by a registered land surveyor, to be no more than 2.1 feet below the surface of the water at mean lower low water at Alitak Bay;
   2. (2) must be marked with a permanent survey monument by a registered land surveyor;
   3. (3) may not be below the survey monument; and
   4. (4) may not be more than two horizontal feet from the survey monument; a set gillnet may not be attached to the beach inside closed waters; for the purpose of this subsection, a "registered land surveyor" is a land surveyor registered by the state under AS 08.48 and 12 AAC 36.
10. (j) Repealed 5/1/2014.

11. (k) Except for nets which may not be in the water after the closure, set gillnet gear, including running lines, shore leads, anchors, and buoys must be removed from the water, and signs required by 5 AAC 18 or 5 AAC 39 must be removed from the beach, no more than 24 hours after the closure of the

    1. (1) closed waters areas of Upper Olga Bay described in 5 AAC 18.350(a)(1)(B)(i);
    2. (2) Dog Salmon Flats Section; and
    3. (3) the portions of the Humpy-Deadman and Cape Alitak Sections described in 5 AAC 18.330(d)(3).
12. (l) Notwithstanding 5 AAC 39.250(c), in a set gillnet, in the Kodiak Area, the gillnet web may be single filament.

(In effect before 1983; am 4/16/83, Register 86; am 5/11/85, Register 94; am 5/31/85, Register 94; am 6/2/88, Register 106; am 4/19/90, Register 114; am 7/23/94, Register 131; am 10/18/96, Register 140; am 5/4/2002, Register 162; am 4/9/2005, Register 174; am 4/25/2008, Register 186; am 5/1/2014, Register 210; am 4/15/2017, Register 222; am 6/5/2020, Register 234; am 4/21/2024, Register 250)

Authority: AS 16.05.251