(a) The Board of
Fisheries (board) finds that freshwater fisheries in upper Cook Inlet,
including the Kenai River Drainage Area, subject to access limitations of
federal, state, and local landowners, are a recognized use of the fishery
resources of upper Cook Inlet. The board also finds that, in some situations,
freshwater fisheries negatively affect riparian habitats of upper Cook
Inlet.
(b) The board recognizes the
importance of maintaining the structural and functional integrity of upper Cook
Inlet riparian habitats. Given this, the board will consider, as part of its
deliberations, avoidable impacts to upper Cook Inlet riparian habitats related
to sport fishing.
(c) If the
commissioner determines that freshwater fisheries are likely to result in
riparian habitat loss which could negatively affect the fishery resources of
upper Cook Inlet, the commissioner may close, by emergency order, those
riparian areas to fishing. This authority extends only to riparian areas in
which there is a state, federal, or municipal property interest. The
commissioner may reopen, by emergency order, those riparian areas to fishing if
the commissioner determines that an opening will not compromise the integrity
of the riparian habitats the emergency order is designed to protect. During
seasons in areas opened by emergency order, the commissioner may establish
fishing periods and may designate any or all of the following as locations from
which fishing may occur:
(2) boardwalks or similar
structures;
(5) natural formations identified by the
commissioner;
(6) other areas
identified by the commissioner as areas where use for fishing will not
compromise the integrity of the habitat the closure is designed to
protect.
(d) From July 1
through August 15, the following Kenai River riparian habitats are closed to
all fishing, except fishing from a boat that is located more than 10 feet from
shore and not connected to the shore or any riparian habitat:
(1) on the north bank of the Kenai River,
between ADF&G regulatory markers located at river mile 6.6 and river mile
6.8;
(2) in the Alaska State Park's
Eagle Rock Unit, on the south bank of the Kenai River, between ADF&G
regulatory markers located at river mile 10.7 and river mile 12.0;
(3) on islands located between river miles 11
and 14 and at river miles 17.0 and 17.3;
(4) at the Alaska State Park's Pillars Unit,
on the north bank of the Kenai River, between ADF&G regulatory markers
located at river mile 12.4 and river mile 12.6;
(5) at the Alaska State Park's Honeymoon Cove
Unit, on the south bank of the Kenai River, between ADF&G regulatory
markers located at river mile 12.5 and river mile 13.0;
(6) on the north bank of the Kenai River,
between ADF&G regulatory markers located at river mile 13.0 and river mile
13.4, and between ADF&G regulatory markers located at river mile 13.5 and
river mile 14.0; except for lot 3 within Larry's Fishing Hole
Subdivision;
(7) on the west bank
of the Kenai River, between ADF&G regulatory markers located at river mile
14.0 and river mile 14.4;
(8) on
the south bank of the Kenai River, between ADF&G regulatory markers located
at river mile 14.4 and river mile 14.6;
(9) on the west bank of the Kenai River,
between ADF&G regulatory markers located at river mile 17.5 and river mile
17.6;
(10) on the north bank of the
Kenai River, between ADF&G regulatory markers located at river mile 18.6
and river mile 18.8;
(11) on the
north bank of the Kenai River, between ADF&G regulatory markers located at
river mile 18.9 and at river mile 20.2;
(12) on the south bank of the Kenai River,
between ADF&G regulatory markers located at river mile 20.9 and river mile
21.0;
(13) at the Soldotna Airport
property, on the south bank of the Kenai River, between ADF&G regulatory
markers located at river mile 22.7 and river mile 23.5;
(14) on the south bank of the Kenai River,
between ADF&G regulatory markers located at river mile 23.8 and river mile
24.2;
(15) on the south bank of the
Kenai River, between ADF&G regulatory markers located at river mile 26.4
and river mile 30.0;
(16) on the
north bank of the Kenai River from an ADF&G regulatory marker located at
the upstream edge of the boat ramp at the end of Keystone Drive at
approximately river mile 27.3, upstream to ADF&G regulatory markers located
at the Kenai National Wildlife Refuge boundary delineated by the power line at
river mile 28.0;
(17) in the Caymas
Subdivision, on the north bank of the Kenai River, between ADF&G regulatory
markers located at river mile 31.8 and river mile 32.3;
(18) on the south bank of the Kenai River,
between ADF&G regulatory markers located at river mile 31.5 and river mile
32.5;
(19) at the Alaska State
Park's Nilnunqua Unit, on the south bank of the Kenai River, between ADF&G
regulatory markers located at river mile 36.0 and river mile 36.6;
(20) on the north bank of the Kenai River,
between ADF&G regulatory markers located approximately 150 feet apart at
approximately river mile 44.6;
(21)
on the north bank of the Kenai River, between ADF&G regulatory markers
located at river mile 45.8 and river mile 46.3;
(22) at Jim's Landing, on the north bank of
the Kenai River, from an ADF&G regulatory marker located at the large rock
at river mile 69.7 to an ADF&G regulatory marker located just downstream
from the boat launch;
(23) on lands
commonly referred to as Sportman's, on the north bank of the Kenai River,
upstream from the ferry crossing from an ADF&G regulatory marker located at
river mile 73.5 to an ADF&G regulatory marker located at river mile
73.6;
(24) on the south bank of the
Kenai River, near river mile 82.0 at the outlet of Kenai Lake, from an
ADF&G regulatory marker located at the Sterling Highway bridge to an
ADF&G regulatory marker located approximately 1,000 feet
downstream.
(25) on the north bank
of the Kenai River, between ADF&G regulatory markers located at river mile
22.0 and river mile 22.1.
(e) For purposes of this section, "riparian
habitat" means all areas within 10 feet in either direction from the Kenai
River waterline.
