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Thread: another strange regulation as worded

  1. #1
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    Default another strange regulation as worded

    From the outlet of Kenai Lake downstream to approximately river mile 80.7 at the head of Princess Rapids; a person may not sport fish from a boat if a motor has been used to propel that boat within those waters.


    This was posted in an ADF&G news release. Now the regulatory language may clear this up but as written this would say that if you ever used a boat in the area you could never fish from it. There is no time limit - does it mean if you used it yesterday you cannot use it today? Last week, last year?

    I have always wanted the BOF to pass the regulatory language not intent language so the public has a clear understanding of what is being passed. This is a prime example. I would suggest that the BOF take a 30 day break before they pass anything. The actual language can be prepared and given back to them. We use to do this in the 80's and early 90's but lately the BOF has not required this of the staff. It is doable.

    I am sure some residents of Cooper Landing think that this applies if you used that boat with a motor at all - for the whole season. The use of motors is allowed in this area because some of the residents use their boats to go up to the lake and downsteam to their homes from the boat launch.

    Just thought it was another example of a regulation that confuses the public and even ADF&G put the news release out without really thinking about it. A protection officer picked up on it and asked the question about time frame.



  2. #2

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    The news release is just a summary of regulation changes, it is not used for enforcement and has no legal basis. The news release is just trying to get the word out to the public on regulation changes and the public is always advised to check the regulation summary booklet before fishing. The news release did not include the time frame that appears in regulation that states, ....the same day. I don't have the regulatory language in front of me, but I do know that the board did pass specific language and not intent language.

  3. #3
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    Default great

    I thought that might be the case but if the regulation said the same day do you know why the prohibited it for up to 24 hours. Lets say you used a powerboat in the morning to get to your house, camp, whatever. The way the regulation reads as you state akkona it means you cannot fish from that boat for the rest of the day. So it is like the airborne hunting rule. Why was that needed for this area Akkona? Just curious.

    Also, it makes the boat the illegal spot. Is there an enforcement problem if someone who did not know the boat was used that day - for instance by another family member - fishes from it. Some people share resources - just trying to figure this out. Here is another example, a person uses a boat with a motor on it in the area to get up into Kenai Lake from the boat launch. So the boat cannot be used to fish. He/she takes it home and a second person takes the boat, not knowing it was used, and launches it and rows out in front of the launch to fish - that would be illegal according to the regulation - correct?

  4. #4

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    Again, I don't have the regulation language in front of me, but the sport fishing prohibition only applies to those no-wake zone waters (downstream from the outlet of Kenai Lake to river mile 80.7) So anglers could fish in the lake after motoring through the area, but would technically have to pull their lines if they came back down into those waters later that day. I suppose if someone else borrowed the boat later that day, they would not be able to fish those waters. Keep in mind, the purpose of the proposal to prevent multiple drifts to occur in this area and this regulation should prevent that. The consequence is that people who live there and motor up to the lake have to stop fishing when they get back into the river. But this proposal was submitted by those people who live there, so I'm guessing that's ok with them. I think people who launch at the bridge and go right into the lake would be ok if they were going to go back down river to fish. But just downstream of river mile 80.7 becomes drift only.

  5. #5
    Member ak_powder_monkey's Avatar
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    wow who came up with that?
    I choose to fly fish, not because its easy, but because its hard.

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