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(a) Set net fishing by eligible fishers is permitted, except:

(1) Fifty-Foot Separation. A set net fisher must maintain a 50-foot separation from other drift and set nets. If two set nets are less than 50 feet apart, then the net that was moved last shall be considered to be the net at fault.

(2) Placement along Downstream Boundary. All set nets must have their entire cork line above the downstream boundary. If a fisher is determined by an enforcement officer to be below the downstream boundary, that fisher shall be required to remove his or her net and move back in the order to the next available spot.

(3) Set Net Fishing Hole Locations. Set net fishing hole locations shall be determined by the individual eligible fishers in accordance with tradition and custom. Claims by eligible fishers to fishing holes that cannot be resolved amicably by the disputing parties shall be resolved pursuant to YTC 17.50.040.

(4) Blocking River Channel. No set net or combination of set nets, staggered or joined, may be placed in such a way that the set net or nets extend more than one-half of the distance across any channel within a 100-foot stretch of the river in the Upper or Middle Klamath.

(5) As otherwise provided in YTC 17.15.050, this title, or an adjustment.

(b) A person commits a level two offense if the person violates this section. A violation of each subsection shall constitute a separate offense. [Ord. 44 § 1219, adopted, 7/23/2015.]