5 AAC 77.549 was amended 5/6/94 by emergency regulation. Due to technical corrections made by the regulations attorney in reviewing the "permanent" regulation for filing, the permanent regulation as it was published in Register 131, October 1994, differed from the emergency regulation even though the section's history note did not reflect an amendment.

1. (a) In the Southern District, only in a year in which a subsistence fishery is not conducted in the same area, salmon may be taken for personal use under the plan set out in this section beginning at 6:00 a.m. on the first Monday or Thursday following August 15, until the last Wednesday or Saturday before September 16 and only from 6:00 a.m. Monday until 6:00 a.m. Wednesday and from 6:00 a.m. Thursday until 6:00 a.m. Saturday. The commissioner shall close this fishery by emergency order when a guideline harvest range of 1,000 - 2,000 coho salmon have been taken. Coho salmon taken under 5 AAC 01.560(b)(8)(B) will be counted toward the guideline harvest range established under this subsection.

2. (b) Salmon may not be taken in the following waters:

   1. (1) between the terminus of Troublesome Creek and the terminus of the Anchor River;
   2. (2) from the north entrance to the Homer Small Boat harbor northwest along the Homer Spit to a department marker located approximately 200 yards northwest of the entrance to the enhancement lagoon on the Homer Spit;
   3. (3) those waters described in 5 AAC 21.350(d)(1) - (3), (h), and (i);
   4. (4) west of a line from an ADF&G regulatory marker at "Green Timbers" at 59° 37.67' N. lat., 151° 28.38' W. long. on the Homer Spit to an ADF&G regulatory marker located approximately 300 yards east of the Homer airport access road at 59° 38.35' N. lat., 151° 28.71' W. long.
3. (c) Salmon may be taken only with a set gillnet. No set gillnet may exceed 35 fathoms in length, six inches in mesh size, and 45 meshes in depth. No part of a set gillnet may be operated within 600 feet of another set gillnet. No person may operate more than one set gillnet. No part of a set gillnet may be set or operated more than 500 feet from the mean high water mark. No set gillnet may be set seaward of another set gillnet.
4. (d) Salmon may be taken only under authority of a permit issued through the department's Homer office.
5. (e) The annual limit is set by 5 AAC 77.525(c).
6. (f) The permit holder shall be physically present at the set gillnet at all times when it is being used to take fish.

(Eff. 4/7/93, Register 126; am 5/6/94, Register 130; am 2/24/96, Register 137; am 4/22/99, Register 150; am 3/11/2001, Register 157; am 3/2/2011, Register 197; am 3/15/2017, Register 221; am 4/24/2020, Register 234)

Authority: AS 16.05.060, AS 16.05.251