1. (a) The Board of Fisheries (board) may consider proposals for regulations designating and dealing with special management areas for bodies of water in the Kenai Peninsula Area that would diversify sport fishing opportunity for populations of wild Dolly Varden, such as catch-and-release, fly-fishing-only, or trophy designation.

2. (b) In making determinations on regulatory proposals dealing with a special management area under (a) of this section, the board will consider the following criteria:

   1. (1) stock status: the body of water must contain Dolly Varden populations that are naturally reproducing and possess some unique characteristic; the Dolly Varden populations must be shown to have maintained historical size and age composition, and numbers of Dolly Varden, or the area must have retained the habitat attributes necessary to allow these population characteristics to return to historical levels;
   2. (2) history of quality fishing: a body of water that the public perceives as having provided quality Dolly Varden fishing will be preferred over a body of water that is not so perceived;
   3. (3) proximity to a community: to avoid conflict with traditional consumptive use patterns by local residents, a body of water located near enough to a permanent community to be commonly used or visited by local residents will not be preferred, unless the establishment of the body of water as a special management area is requested or supported by the community;
   4. (4) legal access: a body of water with more than 50 percent of its uplands publicly owned or that is determined to be navigable will be preferred;
   5. (5) conflict with freshwater net fisheries: a body of water with a Dolly Varden fishery that is seasonally or spatially segregated from subsistence, personal use, and commercial net fisheries will be preferred;
   6. (6) abundance and size of the Dolly Varden population: a body of water with unusually high numbers of Dolly Varden, with uniquely large Dolly Varden, or documented as having Dolly Varden that have been entered in the department's trophy fish program will be preferred;
   7. (7) clear geographical boundaries: a body of water with clearly distinguishable legal regulatory boundaries will be preferred;
   8. (8) relative economic importance of the wild Dolly Varden fishery: a body of water with a Dolly Varden fishery of high economic value to the state will be preferred;
   9. (9) geographical distribution of special management waters: the proximity of a body of water to other special management waters and the availability of alternative locations not designated for special management;
   10. (10) special research or educational needs: the need for a body of water for special management research or educational reasons.

(Eff. 10/1/2006, Register 179)

Authority: AS 16.05.251