what does closed bank mean?

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  • fishNphysician
    replied
    Originally posted by aktally View Post
    Here is the exact wording in regulation, you can read yourself in the link provided:

    (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:

    http://www.legis.state.ak.us/basis/f...dll/aac/query=[JUMP:'5+aac+57!2E180']/doc/{@1}?firsthit

    This wording hasn't changed since the regulation was adopted in 1997.

    Tried to rep you for that clarification, tally.... crystal clear.

    Thank you for your contribution to the discussion. Spot on as usual.

    The thing that gets me is the law has been in place for 14 years and has NEVER been consistently enforced.

    This is the first time I fully understand what kind of fishing is allowed in these critical zones.

    Let this be the year that things finally change in the enforcement arena..... PLEASE!

    Leave a comment:


  • Mark Collett
    replied
    Clouded Minds ?

    Originally posted by Akres View Post
    The only thing wrong with our thinking is that: Obviously not all or even the majority of those chomping at the bit for a salmon are equally adept at reading between the lines. Seeing others catching fish has a way to cloud the mind of many.

    I have to think there are a lot of those clouded minds.....

    Leave a comment:


  • anchskier
    replied
    Originally posted by Akres View Post
    The only thing wrong with our thinking is that: Obviously not all or even the majority of those chomping at the bit for a salmon are equally adept at reading between the lines. Seeing others catching fish has a way to cloud the mind of many.
    I think you see that with almost everything in life, not just fishing. People get in the heat of the moment and they develope tunnel vision. These kind of discussions are definitely worth it, as frusterating as they can be at times. It's good to get people into the thought process and hopefully will help to educate a few people along the way.

    Leave a comment:


  • Akres
    replied
    Originally posted by anchskier View Post
    From what I can see, that is correct. It is really pretty clear in my mind. They probably didn't need to add the last sentence to the fishing regs which only serve to clarify it further. I think the original legal description is accurate. They define the ONLY means by which you can fish in that stretch of the river, which is from a boat that is more than 10' from shore and not tied to shore. Fishing from in the water (i.e. not in a boat) is not allowed at all, no matter how far you are from shore.
    The only thing wrong with our thinking is that: Obviously not all or even the majority of those chomping at the bit for a salmon are equally adept at reading between the lines. Seeing others catching fish has a way to cloud the mind of many.

    Leave a comment:


  • anchskier
    replied
    Originally posted by Akres View Post
    I "interpreted" that as well...but I did not READ that...There is the RUB!!!
    From what I can see, that is correct. It is really pretty clear in my mind. They probably didn't need to add the last sentence to the fishing regs which only serve to clarify it further. I think the original legal description is accurate. They define the ONLY means by which you can fish in that stretch of the river, which is from a boat that is more than 10' from shore and not tied to shore. Fishing from in the water (i.e. not in a boat) is not allowed at all, no matter how far you are from shore.

    Leave a comment:


  • Akres
    replied
    Originally posted by aktally View Post
    Ok, now I see where you are coming from. The statement within the summary booklet, "Fishing from the bank or in the water within 10 feet of the Kenai River waterline is NOT ALLOWED", is refering to anglers on the bank or IN the water. If you are IN the water, you are not in a boat.
    I "interpreted" that as well...but I did not READ that...There is the RUB!!!

    Leave a comment:


  • aktally
    replied
    Ok, now I see where you are coming from. The statement within the summary booklet, "Fishing from the bank or in the water within 10 feet of the Kenai River waterline is NOT ALLOWED", is refering to anglers on the bank or IN the water. If you are IN the water, you are not in a boat.

    Leave a comment:


  • Akres
    replied
    Pg. 53 of the sport fishing regs, red box: "..., fishing is only allowed from a boat located more than 10 feet from shore and not connected to the shore in any way. Fishing from the bank or in the water within 10 feet of the Kenai River waterline is NOT ALLOWED."

    "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:"

    Do You not see the difference? The reg book states you cannot fish within 10' of the shore....The Law says you can, provided you do it from a boat.
    Yes I would much prefer to see the Law printed in the reg book, as opposed to an individuals interpretation.

    Leave a comment:


  • Sid
    replied
    there are fishing regs, camping regs, an just regs, they are controled by different people, [branches of the goverment] that don't talk to each other, an they don't want to talk, as they have it under control or think they do, they just want CONTROL for for there branch of the goverment, like when the person that shot th brown bear near the power line below the Rush river an they dug out some reg that I never heard of, as most people, never did see what ever came of it,

    Leave a comment:


  • yukon
    replied
    http://forums.outdoorsdirectory.com/...e-of-confusion

    according to some there is some confusion within F&G, does anyone see and black helicoptors down there?

    Leave a comment:


  • aktally
    replied
    How are they different? They both say it's closed to fishing within 10' of shore except from a boat that is located more than 10 feet from shore and not connected to the shore.

    Here's the regulation in its entirety:
    5 AAC 57.180. Riparian Habitat Fishery Management Plan for the Kenai River Drainage Area

    (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:

    (1) boats;
    (2) boardwalks or similar structures;
    (3) docks;
    (4) gravel bars;
    (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 13.2 and river mile 13.5;
    (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.

    (e) For purposes of this section, "riparian habitat" means all areas within 10 feet in either direction from the Kenai River waterline.


    Is that what you want to see in the summary booklet?

    Leave a comment:


  • Akres
    replied
    Originally posted by aktally View Post
    On page 2 of the regulation summary booklet it states in a red box, "This summary of Alaska sport and personal use fishing regulations is published by the Division of Sport Fish as a service to anglers. It is not intended to be a complete digest of all fishing regulations...."

    http://www.adfg.alaska.gov/index.cfm...s.sc_sportfish

    The booklet is only a summary of the regulations written in a manner to help the public be informed of the regulations. If you want the complete regulations, just go to the previous link I provided. The summary booklets have been around since statehood and have stood up in court on countless occassions. Is the wording in the red box on riparian habitat really that different? There is some over-thinking going on here.
    "over-thinking" or over stepping legal authority?
    The little red box wording would make it illegal to fish within 10' of the shore, even from a boat. The law on the books would not. Is what it is and not what we wish it was. How many LEO's read the reg book and how many of them read the law. Shameful practice if you ask me...I mean really...How difficult would it be to simply print the law and NOT make stuff up?

    Leave a comment:


  • aktally
    replied
    On page 2 of the regulation summary booklet it states in a red box, "This summary of Alaska sport and personal use fishing regulations is published by the Division of Sport Fish as a service to anglers. It is not intended to be a complete digest of all fishing regulations...."

    http://www.adfg.alaska.gov/index.cfm...s.sc_sportfish

    The booklet is only a summary of the regulations written in a manner to help the public be informed of the regulations. If you want the complete regulations, just go to the previous link I provided. The summary booklets have been around since statehood and have stood up in court on countless occassions. Is the wording in the red box on riparian habitat really that different? There is some over-thinking going on here.

    Leave a comment:


  • Akres
    replied
    Originally posted by aktally View Post
    Here is the exact wording in regulation, you can read yourself in the link provided:

    (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:

    http://www.legis.state.ak.us/basis/f...dll/aac/query=[JUMP:'5+aac+57!2E180']/doc/{@1}?firsthit

    This wording hasn't changed since the regulation was adopted in 1997.
    Why would F&G publish a differently worded law than the Legislature? Which will stand up under the scrutiny of a judge? Is a correction to the Reg Book justifiably in order?

    Leave a comment:


  • aktally
    replied
    Originally posted by JOAT View Post
    They are constantly changing the regulations, folks. What was "allowed" last year doesn't mean it's OK this year. Obviously, a bunch of people were skirting the intent by wading out into the river and trying to fish 10' out from the bank. Thus, they added the word, "boat" to the rule.
    Here is the exact wording in regulation, you can read yourself in the link provided:

    (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:

    http://www.legis.state.ak.us/basis/f...dll/aac/query=[JUMP:'5+aac+57!2E180']/doc/{@1}?firsthit

    This wording hasn't changed since the regulation was adopted in 1997.

    Leave a comment:

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