Alaska Stat. § 16.05.415 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.415
Determination of residency.
Status: in_force

(a) In AS 16.05.330  16.05.430, a person, except as provided in (c)  (f) of this section, is a resident if the person (1) is physically present in the state with the intent to remain in the state indefinitely and to make a home in the state;

(2) has maintained the person's domicile in the state for the 12 consecutive months immediately preceding the application for a license;

(3) is not claiming residency in another state, territory, or country; and

(4) is not obtaining benefits under a claim of residency in another state, territory, or country.

(b) A person who establishes residency in the state under (a) of this section remains a resident during an absence from the state unless during the absence the person (1) establishes or claims residency in another state, territory, or country; or

(2) performs an act, or is absent under circumstances, that are inconsistent with the intent required under (a) of this section.

(c) A person who is a member of the military service or the United States Coast Guard is a resident for the purposes of AS 16.05.330  16.05.430 if the person has been stationed in the state for the 12 consecutive months immediately preceding the application for a license. This subsection does not apply to a person who establishes and maintains residency in the state under (a) and (b) of this section.

(d) A person who is the dependent of a resident member of the military service or the United States Coast Guard under (a) or (c) of this section is a resident for the purposes of AS 16.05.330  16.05.430 if the person has lived in the state for the 12 consecutive months immediately preceding the application for a license. This subsection does not apply to a person who establishes and maintains residency in the state under (a) and (b) of this section.

(e) A person who is an alien is a resident for the purposes of AS 16.05.330  16.05.430 if the person (1) is physically present in the state with the intent to remain in the state indefinitely and to make a home in the state;

(2) has maintained the person's domicile in the state for the 12 consecutive months immediately preceding the application for a license;

(3) is not claiming residency in another state, territory, or country; and

(4) is not obtaining benefits under a claim of residency in another state, territory, or country.

(f) In AS 16.05.330  16.05.430, a person who is not a natural person, other than a sole proprietorship, establishes residency by maintaining its main office or headquarters in the state and providing proof, satisfactory to the commissioner, of that fact to the department or an agent of the department upon demand. A sole proprietorship has the same residency as the person, whether natural or otherwise, who is the proprietor of the entity. The commissioner may adopt regulations as necessary to implement this subsection.

(g) A natural person who does not qualify as a resident under (a)  (e) of this section does not qualify as a resident by virtue of an interest in a resident business entity under (f) of this section.

(h) In AS 16.05.330  16.05.430, a nonresident (1) person is a person who does not qualify as a resident under (a)  (f) of this section; and

(2) alien is an alien person who does not qualify as a resident under (e) of this section.

(i) In this section, license means a license, tag, permit, stamp, identification card issued under AS 16.05.400 (b), or other indicia of permission to engage in an activity subject to AS 16.05.330 - 16.05.430.
Alaska Stat. § 16.30.012 — AK Code / Title 16 / Chapter 16.30 / Section 16.30.012
Possession of horns or antlers.
Status: in_force

(a) It is a class A misdemeanor for a person to possess the horns or antlers of a big game animal that was killed after the opening of the current or most recent lawful hunting season for that animal if the person does not possess the edible meat of the animal.

(b) A person may not be arrested or prosecuted for a violation of this section unless the arresting officer determines that there is probable cause to believe that the edible meat of the big game animal from which the horns or antlers were taken has not been salvaged.
Alaska Stat. § 16.10.820 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.820
Default.
Status: in_force

If the borrower defaults on a note, the department shall notify the borrower of the default and the consequences of default by mailing a notice to the borrower's most recent address provided to the department by the borrower or obtained by the department.
Alaska Stat. § 16.10.835 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.835
Waiver of confidentiality.
Status: in_force

The commissioner may release information about the borrower's loan to any individual if release of the information has been authorized by the borrower.
Alaska Stat. § 16.10.420 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.420
Conditions of a permit.
Status: in_force

(a) The department shall require, in a permit issued to a hatchery operator, that (1) salmon eggs procured by the hatchery must be from the department or a source approved by the department;

(2) salmon eggs or resulting fry may not be placed in waters of the state other than those specifically designated in the permit;

(3) salmon eggs or resulting fry, sold to a permit holder by the state or by another party approved by the department, may not be resold or otherwise transferred to another person;

(4) salmon may not be released by the hatchery before department approval, and, for purposes of pathological examination and approval, the department shall be notified of the proposed release of salmon at least 15 days before the date of their proposed release by the hatchery;

(5) diseased salmon be destroyed in a specific manner and place designated by the department;

(6) adult salmon be harvested by hatchery operators only at specific locations as designated by the department;

(7) surplus eggs from salmon returning to the hatchery be made available for sale first to the department and then, after inspection and approval by the department, to operators of other hatcheries authorized by permit to operate under AS 16.10.400  16.10.470;

(8) if surplus salmon eggs are sold by a permit holder to another permit holder, a copy of the sales transaction be provided to the department;

(9) a hatchery be located in an area where a reasonable segregation from natural stocks occurs, but, when feasible, in an area where returning hatchery fish will pass through traditional salmon fisheries.

(b) Notwithstanding (a) of this section, a hatchery operator may, for the purpose of stocking a lake in the state, sell hatchery-produced salmonids to a person authorized to transport fish under regulations adopted under AS 16.05.251 .
Alaska Stat. § 16.10.010 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.010
Interference with salmon spawning streams and waters.
Status: in_force

(a) A person may not, without first applying for and obtaining a permit or license from the Department of Environmental Conservation, (1) obstruct, divert, or pollute waters of the state, either fresh or salt, utilized by salmon in the propagation of the species, by felling trees or timber in those waters, casting, passing, throwing, or dumping tree limbs or foliage, underbrush, stumps, rubbish, earth, stones, rock, or other debris, or passing or dumping sawdust, planer shavings, or other waste or refuse of any kind in those waters;

(2) erect a dam, barricade, or obstruction to retard, conserve, impound, or divert the waters described in (1) of this subsection to prevent, retard, or interfere with the free ingress or egress of salmon into those waters in the natural spawning or propagation process;

(3) render the waters described in (1) of this subsection inaccessible or uninhabitable for salmon for spawning or propagation.

(b) The application for the permit or license referred to in (a) of this section must set out the name and style of the person or concern, describe the waters and location, and state in particular the plans, purpose, and intention for which the application is made.
Alaska Stat. § 16.20.090 — AK Code / Title 16 / Chapter 16.20 / Section 16.20.090
Legislative findings; purpose of AS 16.20.090  16.20.098.
Status: in_force

(a) The legislature recognizes that (1) the Walrus Islands are the sole remaining place in the state where walruses annually haul out on land and all similar hauling grounds in the state which were formerly utilized have been abandoned by walruses due to excessive molestation and slaughter;

(2) the Walrus Islands are uninhabited, and the walruses frequenting them are not required by the state for subsistence utilization;

(3) the Walrus Islands have great importance as a retreat for the Pacific walrus from the standpoints of conservation, scientific value, and tourist interest;

(4) the Department of Natural Resources has taken appropriate action to achieve transfer of title in the Walrus Islands to the state.

(b) The purpose of AS 16.20.090  16.20.098 is to protect the walruses and other game on the Walrus Islands.
Alaska Stat. § 16.10.410 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.410
Hearings before permit issuance.
Status: in_force

(a) At least 30 days before the issuance of a permit under AS 16.10.400 , a public hearing shall be held in a central location in the vicinity of the proposed hatchery facility.

(b) Notice of the hearing shall be published in a newspaper of general circulation once a week for three consecutive weeks, with completion of the notice at least 10 days before the hearing.

(c) The hearing shall be conducted by the department. At a hearing for a permit under AS 16.10.400 (a)(1), the applicant shall present a plan for the proposed hatchery, describing the capacity of the hatchery and other relevant facts that may be of interest to the department or the public. Interested members of the public shall be afforded an opportunity to be heard.

(d) The department shall record and consider objections and recommendations offered by the public at the hearing conducted under this section. It shall respond in writing, within 10 days after the hearing is held, to any specific objections offered by a member of the public at the hearing.
Alaska Stat. § 16.10.172 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.172
Legislative policy on utilization of herring.
Status: in_force

The legislature finds the following: (1) extensive and valuable herring populations are available for harvest in waters subject to the jurisdiction of the state; (2) commercial markets are available for herring processed in several forms; (3) one processing technique presently employed involves deliberately permitting decomposition of the herring carcass to allow for removal and subsequent sale of the roe product, with the consequence that the flesh is unusable and discarded. The legislature declares that the process referred to in (3) of this section is wasteful and does not constitute utilization of this resource for the maximum benefit of the people. Therefore, it is the policy of the legislature that this process should be eliminated to the fullest extent possible.
Alaska Stat. § 16.05.831 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.831
Waste of salmon.
Status: in_force

(a) A person may not waste salmon intentionally, knowingly, or with reckless disregard for the consequences. In this section, waste means the failure to utilize the majority of the carcass, excluding viscera and sex parts, of a salmon intended for (1) sale to a commercial buyer or processor;

(2) consumption by humans or domesticated animals; or

(3) scientific, educational, or display purposes.

(b) The commissioner, upon request, may authorize other uses of salmon that would be consistent with maximum and wise use of the resource.

(c) A person who violates this section or a regulation adopted under it is punishable by a fine of not more than $10,000, or by imprisonment for not more than six months, or by both. In addition, a person who violates this section is subject to a civil action by the state for the cost of replacing the salmon wasted.
Alaska Stat. § 16.20.160 — AK Code / Title 16 / Chapter 16.20 / Section 16.20.160
McNeil River State Game Sanctuary.
Status: in_force

The following state-owned land and water, including the tidelands but exclusive of marine water and submerged land, lying within the parcels described in this subsection is established as the McNeil River State Game sanctuary:

Township 12 South, Range 29 West, Seward Meridian Sections 1 - 36

Township 12 South, Range 30 West, Seward Meridian Sections 1 - 36

Township 13 South, Range 29 West, Seward Meridian Sections 5 - 8

Sections 17 - 20

Sections 29 - 32

Township 13 South, Range 30 West, Seward Meridian Sections 1 - 36

Township 13 South, Range 31 West, Seward Meridian Sections 1 - 36

Township 13 South, Range 32 West, Seward Meridian Sections 1 - 36

Township 14 South, Range 32 West, Seward Meridian Sections 1 - 12

Sections 15 - 22

Sections 27 - 30.
Alaska Stat. § 16.05.921 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.921
Venomous reptiles and insects or their eggs; prohibited conduct; permits.
Status: in_force

(a) A person may not import, possess, transport, or release in the state live venomous reptiles, live venomous reptile eggs, live venomous insects, or live venomous insect eggs, except in accordance with the terms of a permit issued under (b) of this section. This prohibition does not apply to bees as defined in AS 03.47.040 . A person who violates this subsection is guilty of a misdemeanor and may be cited as set out in AS 16.05.165 .

(b) A permit required under (a) of this section may be granted only if, in the determination of the commissioner, the applicant demonstrates a valid educational purpose for seeking the permit. A valid educational purpose includes display in educational institutions and in zoos.
Alaska Stat. § 16.05.400 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.400
Persons exempt from annual licensing requirements.
Status: in_force

(a) A license is not required of a resident under 18 years of age or a nonresident under 16 years of age for sport fishing nor is a license required of a resident under 18 years of age for hunting or trapping.

(b) Upon request, and without charge, the commissioner shall issue a permanent sport fishing, hunting, or trapping identification card to a resident who completes the forms required by the commissioner for implementation of this section and who (1) is 60 years of age or older;

(2) has been discharged from military service under honorable conditions, is eligible for a loan under AS 18.56.101 , and is certified by the United States Department of Veterans Affairs as having incurred a 50 percent or greater disability during military service; or

(3) has served in the Alaska Territorial Guard, is eligible for a loan under AS 18.56.101 , and incurred a 50 percent or greater disability while serving in the Alaska Territorial Guard.

(c) A person who is issued a permanent identification card under this section may not sport fish, hunt, or trap without having in the person's possession a valid identification card issued under this section or the appropriate license.
Alaska Stat. § 16.10.040 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.040
Disposition of money received for fines and penalties.
Status: in_force

The proceeds of all fines and penalties imposed under AS 16.10.010  16.10.050 shall be paid into the general fund and they shall be immediately available for expenditure by the Department of Fish and Game.
Alaska Stat. § 16.10.443 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.443
Department assistance and cooperation.
Status: in_force

(a) Before and after permit issuance under AS 16.10.400  16.10.470, the department shall make every effort, within the limits of time and resources, to advise and assist applicants or permit holders, as appropriate, in the planning, construction, or operation of salmon hatcheries.

(b) Nothing in this section exempts an applicant or permit holder from compliance with AS 16.10.400  16.10.470 or from compliance with the regulations or restrictions adopted under AS 16.10.400  16.10.470.
Alaska Stat. § 16.43.340 — AK Code / Title 16 / Chapter 16.43 / Section 16.43.340
Educational entry permits.
Status: in_force

(a) In addition to entry permits and interim-use permits, the commission may issue educational entry permits to public, private, or denominational educational institutions accredited by the Department of Education and Early Development or accredited institutions, career, or vocational programs approved by the Alaska Commission on Postsecondary Education, or full-time nonprofit residential child care facilities licensed by the Department of Health, division of social services, if (1) the program is offered to students at the junior high school level or above;

(2) the issuance of an educational entry permit is reasonably necessary to the instruction of students under courses offered by the applicant for the educational entry permit;

(3) the program is offered by an institution that is located in the state and has been in operation for at least two years; and

(4) the institution offering the program is not a correspondence institution.

(b) An educational entry permit may only be used in a program conducted by the recipient of the permit for the purpose of training students in the methods of commercial fishing.

(c) The commission may issue educational entry permits notwithstanding the establishment of maximum or optimum numbers under AS 16.43.240 and 16.43.290.
Alaska Stat. § 16.45.030 — AK Code / Title 16 / Chapter 16.45 / Section 16.45.030
Alaska representatives.
Status: in_force

In furtherance of the compact provisions, there are three members of the commission from the State of Alaska, appointed by the governor and confirmed by the legislature in joint session. One commissioner must be the administrative or other officer of the Alaska Department of Fish and Game charged with the conservation of the state's marine fisheries resource; another commissioner must be a member of the legislature of this state who is a member of the committee on resources; and another member must be a citizen of this state who has a wide knowledge of and interest in the marine fisheries problem.
Alaska Stat. § 16.10.450 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.450
Sale of salmon and salmon eggs: use of proceeds; quality and price.
Status: in_force

(a) Except as otherwise provided in a contract for the operation of a hatchery under AS 16.10.480 , a hatchery operator who sells salmon returning from the natural waters of the state, or sells salmon eggs to another hatchery operating under AS 16.10.400  16.10.470, after utilizing the funds for reasonable operating costs, including debt retirement, expanding its facilities, salmon rehabilitation projects, fisheries research, or costs of operating the qualified regional association for the area in which the hatchery is located, shall expend the remaining funds on other fisheries activities of the qualified regional association.

(b) Fish returning to hatcheries and sold for human consumption shall be of comparable quality to fish harvested by commercial fisheries in the area and shall be sold at prices commensurate with the current market.
Alaska Stat. § 16.12.060 — AK Code / Title 16 / Chapter 16.12 / Section 16.12.060
Department assistance and cooperation.
Status: in_force

(a) Before and after permit issuance under AS 16.12.010 , the department shall make reasonable efforts, within the limits of time and resources, to advise and assist applicants or permit holders, as appropriate, as to projects under AS 16.12.010 , including the planning, construction, and operation of facilities.

(b) Nothing in this section exempts an applicant or permit holder from compliance with this chapter or from compliance with the regulations or restrictions adopted under this chapter.
Alaska Stat. § 16.43.940 — AK Code / Title 16 / Chapter 16.43 / Section 16.43.940
Exempted activities.
Status: in_force

This chapter does not apply to activities authorized by a permit issued under AS 16.40.100 or 16.40.120.
Alaska Stat. § 16.43.850 — AK Code / Title 16 / Chapter 16.43 / Section 16.43.850
Point system.
Status: in_force

(a) For the purpose of identifying frequent violators of commercial fishing laws in salmon fisheries, the commission shall adopt regulations establishing a uniform system for the suspension of commercial salmon fishing privileges by assigning demerit points for convictions for violations of commercial fishing laws in salmon fisheries that are reported to the commission under AS 16.43.880 . The commission shall assess demerit points against a permit holder for each violation of commercial fishing laws in a salmon fishery in accordance with (b) and (c) of this section. The commission shall assess points against a permit holder for the salmon fishery in which the violation of commercial fishing laws occurred.

(b) The commission shall assess demerit points against a permit holder for a conviction of a violation of commercial fishing laws in a salmon fishery under AS 16.05.722 , 16.05.723, 16.05.831; AS 16.10.055 , 16.10.070  16.10.090, 16.10.100, 16.10.110, 16.10.120, 16.10.200  16.10.220, and 16.10.760  16.10.790 for the following violations in accordance with this schedule: (1) fishing in closed waters ..... 6 points;

(2) fishing during closed season or period ..... 6 points;.

(3) fishing with more than the legal amount of gear ..... 4 points;

(4) fishing with gear not allowed in fishery ..... 6 points;

(5) fishing before expiration of transfer period ..... 6 points;

(6) interfering with commercial fishing gear ..... 4 points;

(7) fishing with more than the legal amount of gear on vessel ..... 4 points;

(8) improper operation of fishing gear ..... 4 points;

(9) permit holder not present when required ..... 4 points;

(10) fishing with underlength or overlength vessel ..... 6 points;

(11) wanton waste of fishery resources ..... 4 points.

(c) Notwithstanding (b) of this section, if a permit holder's first conviction of a violation of commercial fishing laws in a salmon fishery in a 36-month period is a conviction under AS 16.05.722 , the number of demerit points assessed against the permit holder for the violation must be one-half of the points assessed for the violation under (b) of this section.

(d) The commission shall suspend a permit holder's commercial salmon fishing privileges for a salmon fishery for a period of (1) one year if the permit holder accumulates 12 or more points during any consecutive 36-month period as a result of convictions for violations of commercial fishing laws in the salmon fishery;

(2) two years if the permit holder accumulates 16 or more points during any consecutive 36-month period as a result of convictions for violations of commercial fishing laws in the salmon fishery;

(3) three years if the permit holder accumulates 18 or more points during any consecutive 36-month period as a result of convictions for violations of commercial fishing laws in the salmon fishery.
Alaska Stat. § 16.30.030 — AK Code / Title 16 / Chapter 16.30 / Section 16.30.030
Definitions.
Status: in_force

In this chapter, (1) big game animal means moose, caribou, mountain sheep, mountain goat, feral reindeer, deer, elk, bison, walrus, or musk ox;

(2) criminal negligence means criminal negligence as defined in AS 11.81.900 (a)(4);

(3) edible meat means, in the case of big game animals, the meat of the ribs, neck, brisket, front quarters as far as the distal joint of the radius-ulna (knee), hindquarters as far as the distal joint of the tibia-fibula (hock), and that portion of the animal between the front and hindquarters; in the case of wild fowl, the meat of the breast; however, edible meat of big game or wild fowl does not include (A) meat of the head;

(B) meat that has been damaged and made inedible by the method of taking;

(C) bones, sinew, and incidental meat reasonably lost as a result of boning or a close trimming of the bones;

(D) viscera;

(4) intentionally means intentionally as defined in AS 11.81.900 (a)(1);

(5) knowingly means knowingly as defined in AS 11.81.900 (a)(2);

(6) possess the edible meat includes possessing portions of the edible meat in more than one location while the meat is being transported from the place where it was salvaged;

(7) recklessly means recklessly as defined in AS 11.81.900 (a)(3);

(8) wild fowl means species of wild fowl for which seasons or bag limits have been established by state or federal law.
Alaska Stat. § 16.05.660 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.660
License exemption.
Status: in_force

A person may, by complying with the $5 license requirement of AS 16.05.340 (a)(6), take not more than 2,000 pounds each of tom cod, blue cod, smelt, pickerel, white fish, and spider crab a year from waters of the state.
Alaska Stat. § 16.43.300 — AK Code / Title 16 / Chapter 16.43 / Section 16.43.300
Revisions of optimum number of entry permits.
Status: in_force

(a) The commission may increase or decrease the optimum number of entry permits for a fishery when one or more of the following conditions makes a change desirable considering the purposes of this chapter: (1) an established long-term change in the biological condition of the fishery has occurred that substantially alters the optimum number of entry permits permissible applying the standards set out in AS 16.43.290 ;

(2) an established long-term change in market conditions has occurred, directly affecting the fishery, that substantially alters the optimum number of entry permits permissible under the standards set out in AS 16.43.290 .

(b) If the commission decreases the optimum number of entry permits for a fishery, the number of entry permits may be reduced only under the voluntary buy-back provisions set out in AS 16.43.310 and 16.43.320.
Alaska Stat. § 16.05.940 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.940
Definitions.
Status: in_force

In AS 16.05  AS 16.40 , (1) aquatic plant means any species of plant, excluding the rushes, sedges, and true grasses, growing in a marine aquatic or intertidal habitat;

(2) barter means the exchange or trade of fish or game, or their parts, taken for subsistence uses (A) for other fish or game or their parts; or

(B) for other food or for nonedible items other than money if the exchange is of a limited and noncommercial nature;

(3) a board means either the Board of Fisheries or the Board of Game;

(4) commercial fisherman means an individual who fishes commercially for, takes, or attempts to take fish, shellfish, or other fishery resources of the state by any means, and includes every individual aboard a boat operated for fishing purposes who participates directly or indirectly in the taking of these raw fishery products, whether participation is on shares or as an employee or otherwise; however, this definition does not apply to anyone aboard a licensed vessel as a visitor or guest who does not directly or indirectly participate in the taking; commercial fisherman includes the crews of tenders or other floating craft used in transporting fish, but does not include processing workers on floating fish processing vessels who do not operate fishing gear or engage in activities related to navigation or operation of the vessel; in this paragraph operate fishing gear means to deploy or remove gear from state water, remove fish from gear during an open fishing season or period, or possess a gill net containing fish during an open fishing period;

(5) commercial fishing means the taking, fishing for, or possession of fish, shellfish, or other fishery resources with the intent of disposing of them for profit, or by sale, barter, trade, or in commercial channels; the failure to have a valid subsistence permit in possession, if required by statute or regulation, is considered prima facie evidence of commercial fishing if commercial fishing gear as specified by regulation is involved in the taking, fishing for, or possession of fish, shellfish, or other fish resources;

(6) commissioner means the commissioner of fish and game unless specifically provided otherwise;

(7) customary and traditional means the noncommercial, long-term, and consistent taking of, use of, and reliance upon fish or game in a specific area and the use patterns of that fish or game that have been established over a reasonable period of time taking into consideration the availability of the fish or game;

(8) customary trade means the limited noncommercial exchange, for minimal amounts of cash, as restricted by the appropriate board, of fish or game resources; the terms of this paragraph do not restrict money sales of furs and furbearers;

(9) department means the Department of Fish and Game unless specifically provided otherwise;

(10) domestic mammals include musk oxen, bison, and reindeer, if they are lawfully owned;

(11) domicile means the true and permanent home of a person from which the person has no present intention of moving and to which the person intends to return whenever the person is away; domicile may be proved by presenting evidence acceptable to the boards of fisheries and game;

(12) fish means any species of aquatic finfish, invertebrate, or amphibian, in any stage of its life cycle, found in or introduced into the state, and includes any part of such aquatic finfish, invertebrate, or amphibian;

(13) fish derby means a contest in which prizes are awarded for catching fish;

(14) fish or game farming means the business of propagating, breeding, raising, or producing fish or game in captivity for the purpose of marketing the fish or game or their products, and captivity means having the fish or game under positive control, as in a pen, pond, or an area of land or water that is completely enclosed by a generally escape-proof barrier; in this paragraph, fish does not include shellfish, as defined in AS 16.40.199 ;

(15) fish stock means a species, subspecies, geographic grouping, or other category of fish manageable as a unit;

(16) fish transporter means a natural person who holds a fish transporter permit issued under AS 16.05.671 ;

(17) fishery means a specific administrative area in which a specific fishery resource is taken with a specific type of gear; however, the Board of Fisheries may designate a fishery to include more than one specific administrative area, type of gear, or fishery resource; in this paragraph (A) gear means the specific apparatus used in the harvest of a fishery resource; and

(B) type of gear means an identifiable classification of gear and may include (i) classifications for which separate regulations are adopted by the Board of Fisheries or for which separate gear licenses were required by former AS 16.05.550  16.05.630; and

(ii) distinct subclassifications of gear such as power troll gear and hand troll gear or sport gear and guided sport gear;

(18) fur dealing means engaging in the business of buying, selling, or trading in animal skins, but does not include the sale of animal skins by a trapper or hunter who has legally taken the animal, or the purchase of animal skins by a person, other than a fur dealer, for the person's own use;

(19) game means any species of bird, reptile, and mammal, including a feral domestic animal, found or introduced in the state, except domestic birds and mammals; and game may be classified by regulation as big game, small game, fur bearers or other categories considered essential for carrying out the intention and purposes of AS 16.05  AS 16.40 ;

(20) game population means a group of game animals of a single species or subgroup manageable as a unit;

(21) hunting means the taking of game under AS 16.05  AS 16.40 and the regulations adopted under those chapters;

(22) nonresident means a person who is not a resident of the state;

(23) nonresident alien means a person who is not a citizen of the United States and whose permanent place of abode is not in the United States;

(24) operator means the individual by law made responsible for the operation of the vessel;

(25) person with developmental disabilities means a person who presents to the department an affidavit signed by a physician licensed to practice medicine in the state stating that the person is experiencing a severe, chronic disability (A) attributable to a mental or physical impairment or a combination of mental and physical impairments;

(B) that is manifested before the person reaches 18 years of age;

(C) that is likely to continue indefinitely;

(D) that results in substantial functional limitations in three or more of the following areas of major life activity: self-care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living, and economic self-sufficiency;

(E) that reflects the person's need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services that are of lifelong or extended duration and are individually planned and coordinated;

(F) and that the person is not a danger to themselves or others; and

(G) and that the person does not suffer from a mental illness; in this subparagraph, mental illness means an organic, mental, or emotional impairment that has substantial adverse effects on a person's ability to exercise conscious control of the person's actions or ability to perceive reality or to reason or understand.

(26) person with physical disabilities means a person who presents to the department either written proof that the person receives at least 70 percent disability compensation from a government agency for a physical disability or an affidavit signed by a physician licensed to practice medicine in the state stating that the person is at least 70 percent physically disabled;

(27) personal use fishing means the taking, fishing for, or possession of finfish, shellfish, or other fishery resources, by Alaska residents for personal use and not for sale or barter, with gill or dip net, seine, fish wheel, long line, or other means defined by the Board of Fisheries;

(28) resident means (A) a person who for the 12 consecutive months immediately preceding the time when the assertion of residence is made has maintained the person's domicile in the state and who is neither claiming residency in another state, territory, or country nor obtaining benefits under a claim of residency in another state, territory, or country;

(B) a partnership, association, joint stock company, trust, or corporation that has its main office or headquarters in the state; a natural person who does not otherwise qualify as a resident under this paragraph may not qualify as a resident by virtue of an interest in a partnership, association, joint stock company, trust, or corporation;

(C) a member of the military service, or United States Coast Guard, who has been stationed in the state for the 12 consecutive months immediately preceding the time when the assertion of residence is made;

(D) a person who is the dependent of a resident member of the military service, or the United States Coast Guard, and who has lived in the state for the 12 consecutive months immediately preceding the time when the assertion of residence is made; or

(E) an alien who for the 12 consecutive months immediately preceding the time when the assertion of residence is made has maintained the person's domicile in the state and who is neither claiming residency in another state, territory, or country nor obtaining benefits under a claim of residency in another state, territory, or country;

(29) rural area means a community or area of the state in which the noncommercial, customary, and traditional use of fish or game for personal or family consumption is a principal characteristic of the economy of the community or area;

(30) seizure means the actual or constructive taking or possession of real or personal property subject to seizure under AS 16.05  AS 16.40 by an enforcement or investigative officer charged with enforcement of the fish and game laws of the state;

(31) sport fishing means the taking of or attempting to take for personal use, and not for sale or barter, any fresh water, marine, or anadromous fish by hook and line held in the hand, or by hook and line with the line attached to a pole or rod which is held in the hand or closely attended, or by other means defined by the Board of Fisheries;

(32) subsistence fishing means the taking of, fishing for, or possession of fish, shellfish, or other fisheries resources by a resident domiciled in a rural area of the state for subsistence uses with gill net, seine, fish wheel, long line, or other means defined by the Board of Fisheries;

(33) subsistence hunting means the taking of, hunting for, or possession of game by a resident domiciled in a rural area of the state for subsistence uses by means defined by the Board of Game;

(34) subsistence uses means the noncommercial, customary and traditional uses of wild, renewable resources by a resident domiciled in a rural area of the state for direct personal or family consumption as food, shelter, fuel, clothing, tools, or transportation, for the making and selling of handicraft articles out of nonedible by-products of fish and wildlife resources taken for personal or family consumption, and for the customary trade, barter, or sharing for personal or family consumption; in this paragraph, family means persons related by blood, marriage, or adoption, and a person living in the household on a permanent basis;

(35) take means taking, pursuing, hunting, fishing, trapping, or in any manner disturbing, capturing, or killing or attempting to take, pursue, hunt, fish, trap, or in any manner capture or kill fish or game;

(36) taxidermy means tanning, mounting, processing, or other treatment or preparation of fish or game, or any part of fish or game, as a trophy, for monetary gain, including the receiving of the fish or game or parts of fish or game for such purposes;

(37) trapping means the taking of mammals declared by regulation to be fur bearers;

(38) vessel means a floating craft powered, towed, rowed, or otherwise propelled, which is used for delivering, landing, or taking fish within the jurisdiction of the state, but does not include aircraft.
Alaska Stat. § 16.10.200 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.200
Unlawful taking prohibited.
Status: in_force

A person taking migratory fish and migratory shellfish in high sea areas designated by the Board of Fisheries or in violation of the regulations adopted by the Board of Fisheries governing the taking of migratory fish and migratory shellfish in the designated areas may not possess, sell, offer to sell, barter, offer to barter, give, or transport in the state, including the waters of the state, migratory fish or migratory shellfish.
Alaska Stat. § 16.20.033 — AK Code / Title 16 / Chapter 16.20 / Section 16.20.033
Yakataga State Game Refuge.
Status: in_force

(a) The following state-owned land and water and all land acquired in the future by the state lying within the parcels described in this subsection are established as the Yakataga State Game Refuge: (1) Township 20 South, Range 13 East, Copper River Meridian Section 11: SE1/4

Section 12: S1/2

Section 13

Section 14: E1/2

Sections 22  27

Sections 34  36;

(2) Township 20 South, Range 14 East, Copper River Meridian Sections 7  12: S1/2

Sections 13  36;

(3) Township 20 South, Range 15 East, Copper River Meridian Sections 7  12: S1/2

Sections 13  36;

(4) Township 20 South, Range 16 East, Copper River Meridian Sections 7  9: S1/2

Sections 16  36;

(5) Township 21 South, Range 11 East, Copper River Meridian Excluding that portion of Tract A-148 lying north and west of Seal River:

Sections 1  2

Sections 3  4: North and east of the Seal River and its associated lake system

Section 10: East of Seal River and one mile north of mean high tide line on the Gulf of Alaska

Sections 11  12

Sections 13  14: above mean high tide line on the Gulf of Alaska;

(6) Township 21 South, Range 111/2 East, Copper River Meridian Sections 6  7

Section 18: Above mean high tide line on the Gulf of Alaska;

(7) Township 21 South, Range 12 East, Copper River Meridian Sections 13  14: S1/2

Sections 23  26

Sections 35  36: Above mean high tide line on the Gulf of Alaska;

(8) Township 21 South, Range 13 East, Copper River Meridian Sections 1  21

Section 22: W1/2, E1/2 one mile north of mean high tide line on the Gulf of Alaska

Sections 23  24: One mile north of mean high tide line on the Gulf of Alaska;

(9) Township 21 South, Range 14 East, Copper River Meridian Sections 1  12

Sections 13  15: One mile north of mean high tide line on the Gulf of Alaska

Sections 16  18

Sections 19  22: One mile north of mean high tide line on the Gulf of Alaska;

(10) Township 21 South, Range 15 East, Copper River Meridian Sections 1  7

Sections 8  12: One mile north of mean high tide line on the Gulf of Alaska;

(11) Township 21 South, Range 16 East, Copper River Meridian Sections 1  6

Sections 7  12: One mile north of mean high tide line on the Gulf of Alaska.

(b) The Yakataga State Game Refuge is established to protect the (1) fish and wildlife habitat and populations, including salmon spawning and rearing habitat and critical goat and moose winter habitat;

(2) public uses of fish and wildlife and their habitat, particularly commercial, sport, and subsistence fishing, hunting, viewing, photography, and general public recreation in a high quality environment; and

(3) the use and disposition of other resources when the activities are not inconsistent with (1) and (2) of this subsection.

(c) The department shall permit timber harvest activities in the area east of the Kaliakh River when the activities are not inconsistent with (b)(1) of this section.

(d) The state may not acquire by eminent domain private land that is located within the state-owned land specified in (a) of this section for inclusion in the Yakataga State Game Refuge. The state may acquire private land that is located within the state-owned land specified in (a) of this section by purchase, exchange, or otherwise from willing owners for inclusion in the Yakataga State Game Refuge.

(e) The establishment of the Yakataga State Game Refuge under this section does not impair or alter valid existing rights including pending Native allotment applications, access to set net sites, and access to and from private land located within the Yakataga State Game Refuge.

(f) The department shall allow commercial, sport, and subsistence fishing and hunting within the Yakataga State Game Refuge under regulations of the Board of Fisheries and the Board of Game. The department shall also permit associated support activities when necessary and consistent with AS 16.20.010  16.20.080 to support fishing and hunting permitted under this section, including fish buying operations, aircraft support including landing strips, and off-road vehicle use.

(g) Egress and ingress to and from private property within the parcels described in (a) of this section shall be allowed through access corridors established by agreement between the department, the Department of Natural Resources, and the owners of private land involved. The establishment of the Yakataga State Game Refuge does not impair or alter existing rights of access to set net lease sites.

(h) The department shall adopt and may revise a management plan for the Yakataga State Game Refuge.
Alaska Stat. § 16.05.480 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.480
Commercial fishing license; disclosure for child support purposes.
Status: reserved

(a) A person engaged in commercial fishing shall obtain a commercial fishing license and shall retain the license in possession and readily available for inspection during fishing operations. An entry permit or interim-use permit entitles the holder to participate as a gear operator in the fishery for which the permit is issued and to participate as a crewmember in any fishery. A crewmember fishing license is not transferable and entitles the holder to participate as a crewmember in any fishery.

(b) A person applying for a commercial fishing license under this section shall provide the person's social security number. A person applying for a resident commercial fishing license under this section shall also provide proof of residence that the department requires by regulation.

(c) [Repealed, § 12 ch 123 SLA 1978.] (d) Upon request, the department or the Alaska Commercial Fisheries Entry Commission shall provide a social security number provided by an applicant for a license under this section to the child support services agency created in AS 25.27.010 , or the child support agency of another state, for child support purposes authorized under law.

(e) Except as provided under AS 16.05.470 and AS 23.35.060 , fees collected from the sale of crewmember fishing licenses under this section may be appropriated into the fish and game fund.

(f) [Repealed, § 7 ch 27 SLA 2001.] (g) A resident engaged in commercial fishing who is 11 years of age or older and who does not hold an entry permit or an interim-use permit shall, except as provided in (i) of this section, pay a fee of $60 for an annual crewmember fishing license. A resident engaged in commercial fishing who is less than 11 years of age and who does not hold an entry permit or an interim-use permit shall pay an annual fee of $5.

(h) A nonresident engaged in commercial fishing who is 11 years of age or older and who does not hold an entry permit or an interim-use permit shall, except as provided in (i) of this section, pay a base fee of $60 for an annual crewmember fishing license, plus an amount, established by the department by regulation, that is as close as is practicable to the maximum allowed by law. A nonresident engaged in commercial fishing who is less than 11 years of age and who does not hold an entry permit or an interim-use permit shall pay an annual base fee of $5 plus an amount, established by the department by regulation, that is as close as is practicable to the maximum allowed by law.

(i) Notwithstanding (g) and (h) of this section, a resident or nonresident engaged in commercial fishing who does not hold an entry permit or an interim-use permit may obtain one seven-day crewmember fishing license under this subsection annually. A person who obtains a seven-day license is not eligible for another seven-day license in the same license year; however, if a person who obtains a seven-day license pays the full fee for an annual crewmember fishing license under (g) or (h) of this section during the same license year, the person is entitled to receive a refund of the fee for the seven-day license. The department shall adopt regulations establishing a refund procedure. During the period for which the seven-day license is valid, a person who holds a seven-day license may not engage in fishing with a rod and reel while present on a commercial fishing vessel. The fee for a seven-day license is $30.

(j) In this section, commercial fishing license includes an entry permit and an interim-use permit issued under AS 16.43 and a crewmember fishing license.
Alaska Stat. § 16.43.980 — AK Code / Title 16 / Chapter 16.43 / Section 16.43.980
Report and recommendations.
Status: reserved

(a) The commission shall prepare an annual report and notify the legislature that it is available. The report must include but not be limited to the following: (1) a progress report on the reduction of entry permits to optimum levels;

(2) recommendations for additional legislation relating to the regulation of entry of participants and vessels into Alaska commercial fisheries.

(b) [Repealed, § 37 ch 14 SLA 1987.]
Alaska Stat. § 16.25.010 — AK Code / Title 16 / Chapter 16.25 / Section 16.25.010
Program adopted.
Status: in_force

There is adopted a program of stocking land in the state with valuable game and fur-bearing animals that do not at present occur on the land. The department is responsible for establishing priorities on the species of animals to be stocked and the area of the stocking. Priorities shall be based on the habitat requirements of the species, the population of native game animals present, and other factors that will effect the successful establishment of the species.
Alaska Stat. § 16.05.810 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.810
Burden of proof.
Status: in_force

The possession of fish or game or a part of fish or game, or a nest or egg of a bird during the time the taking of it is prohibited is prima facie evidence that it was taken, possessed, bought, or sold or transported in violation of this chapter. The burden of proof is upon the possessor or claimant of it to overcome the presumption of illegal possession and to establish the fact that it was obtained and is possessed lawfully. This section does not apply (1) during the first full 10 days after the time when a taking is prohibited, except as provided in (3) of this section;

(2) if the fish or game or part of fish or game is in a preserved condition whether frozen, smoked, canned, salted, pickled, or otherwise preserved; or

(3) with respect to crab aboard a commercial crab fishing vessel, during the first full three days after the time when a taking is prohibited.
Alaska Stat. § 16.05.165 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.165
Form and issuance of citation.
Status: in_force

(a) When a peace officer stops or contacts a person concerning a violation of this title except AS 16.51 and AS 16.52 or of a regulation adopted under this title except AS 16.51 and AS 16.52 that is a misdemeanor, the peace officer may, in the officer's discretion, issue a citation to the person as provided in AS 12.25.175  12.25.230.

(b) The supreme court shall specify by rule or order those misdemeanors that are appropriate for disposition without court appearance, and shall establish a schedule of bail amounts. Before establishing or amending the schedule of bail amounts required by this subsection, the supreme court shall appoint and consult with an advisory committee consisting of two law enforcement officers of the Department of Public Safety engaged in fish and wildlife protection, two representatives of the Department of Fish and Game, two district court judges, and the chairpersons of the House and Senate Judiciary Committees of the legislature. The maximum bail amount for an offense may not exceed the maximum fine specified by law for that offense. If the misdemeanor for which the citation is issued may be disposed of without court appearance, the issuing peace officer shall write on the citation the amount of bail applicable to the violation.

(c) If a person cited for a misdemeanor for which a bail amount has been established under (b) of this section does not contest the citation, the person may, on or before the 30th day after the date of the citation, mail or personally deliver to the clerk of the court in which the citation is filed by the peace officer (1) the amount of bail indicated on the citation for that offense; and

(2) a copy of the citation indicating that the right to an appearance is waived, a plea of no contest is entered, and the bail is forfeited.

(d) When bail has been forfeited under (c) of this section, a judgment of conviction shall be entered. Forfeiture of bail and all seized items is a complete satisfaction for the misdemeanor. The clerk of the court accepting the bail shall provide the offender with a receipt stating that fact if requested.

(e) A person cited under this section is guilty of failure to obey a citation under AS 12.25.230 if the person fails to pay the bail amount established under (b) of this section or fails to appear in court as required.

(f) Notwithstanding other provisions of law, if a person cited for a misdemeanor for which a bail amount has been established under (b) of this section appears in court and is found guilty, the penalty that is imposed for the offense may not exceed the bail amount for that offense established under (b) of this section.
Alaska Stat. § 16.20.031 — AK Code / Title 16 / Chapter 16.20 / Section 16.20.031
Anchorage Coastal Wildlife Refuge.
Status: in_force

(a) The following described state-owned land and water is established as the Anchorage Coastal Wildlife Refuge and shall be managed as a state game refuge for the protection of waterfowl, shorebirds, salmon, and other fish and wildlife species, and their habitat and for the use and enjoyment of the people of the state: (1) Township 13 North, Range 4 West, Seward Meridian Section 20: SE1/4 seaward of the 20 foot elevation contour

SE1/4NE1/4 seaward of the 20 foot elevation contour

Section 29: E1/2 seaward of the 20 foot elevation contour

SW1/4 seaward of the 20 foot elevation contour

Section 30: SE1/4SE1/4

Section 31: All seaward of the 20 foot elevation contour except NW1/4NW1/4

Section 32: All seaward of the 20 foot elevation contour;

(2) Township 13 North, Range 5 West, Seward Meridian Section 36: S1/2, S1/2N1/2;

(3) Township 12 North, Range 4 West, Seward Meridian Sections 6  9: Seaward of the 20 foot elevation contour

Section 15: NW1/4 seaward of the 20 foot elevation contour

SW1/4NE1/4 seaward of the 20 foot elevation contour

Government Lot 5 and the remainder of the W1/2SE1/4, all SW1/4

Section 16: Seaward of the 20 foot elevation contour

Sections 17  22

Section 23: Government Lot 1 and the remainder of the SW1/4, all seaward of the 20 foot elevation contour

Government Lot 2 and the remainder of the S1/2NW1/4, all seaward of the 20 foot elevation contour

Government Lots 3 and 4, and the remainder of the SE1/4, all seaward of the 20 foot elevation contour

Section 24: Tract A, Shorecrest Subdivision (Plat No. 81-68, Anchorage Recording District)

Section 25: Government Lots 1 and 2, and the remainder of the W1/2, all

Tract A, Johns Park Estates, and the remainder of the NE1/4, excluding Skyway Park Estates, Addition No. 1 all seaward of the 20 foot elevation contour

Government Lots 3 and 4, and the remainder of the SE1/4, all

Sections 26  36;

(4) Township 12 North, Range 5 West, Seward Meridian Sections 1  2

Sections 11  14

Sections 23  26

Sections 35  36;

(5) Township 12 North, Range 3 West, Seward Meridian Section 29: That portion of the SW1/4 southwesterly of the Alaska Railroad right-of-way and southerly of Oceanview Subdivision, Addition No. 6

Section 30: That portion of Tract A, Johns Park Estates, seaward of the 20 foot elevation contour

Government Lot 2 and that portion of the SE1/4NW1/4 southwesterly of Oceanview West Subdivision, Addition No. 1

Government Lots 3 and 4 and the remainder of the SW1/4, all

That portion of the SW1/4NE1/4 and the SE1/4 southwesterly of Oceanview Subdivision, Addition No. 4 and Addition No. 6

Section 31

Section 32: All land southwesterly of the Alaska Railroad right-of-way

Section 33: All land westerly of the Alaska Railroad right-of-way;

(6) Township 11 North, Range 3 West, Seward Meridian Section 3: Government Lot 5

Section 4: That portion southwesterly of the Old Seward Highway right-of-way and The Landings Subdivision which is northeasterly of the New Seward Highway right-of-way

That portion southwesterly of the Alaska Railroad right-of-way

Sections 5  8

Section 9: That portion southwesterly of the Alaska Railroad right-of-way

That portion northeasterly of the New Seward Highway right-of-way

Section 10: That portion westerly of the Old Seward Highway right-of-way which is northeasterly of the New Seward Highway right-of-way

That portion southwesterly of the Alaska Railroad right-of-way;

(7) Township 11 North, Range 4 West, Seward Meridian Sections 1  4

Sections 10  12.

(b) Except as provided in (d) of this section, the Department of Fish and Game and the Department of Natural Resources shall exercise their respective authorities over the Anchorage Coastal Wildlife Refuge consistent with a management plan prepared by the Department of Fish and Game in consultation with the Department of Natural Resources.

(c) A public right-of-way for surface transportation and a utility corridor are created across state-owned land and water within the Anchorage Coastal Wildlife Refuge between the Anchorage mainland and Fire Island. The management plan prepared under (b) of this section shall identify the actual location on the land and water of the right-of-way and of the utility corridor between the Anchorage mainland and Fire Island.

(d) Land owned by the Municipality of Anchorage that lies within the boundary of the Anchorage Coastal Wildlife Refuge described in (a) of this section may be included in the Anchorage Coastal Wildlife Refuge. An agreement between the Department of Fish and Game and the Municipality of Anchorage for the management of the land within the Anchorage Coastal Wildlife Refuge that is owned by the Municipality of Anchorage shall be approved by the Municipality of Anchorage and by the Department of Fish and Game.

(e) The state or the Municipality of Anchorage may not acquire privately owned land within the Anchorage Coastal Wildlife Refuge described in (a) of this section by eminent domain for inclusion within the Anchorage Coastal Wildlife Refuge. The Department of Fish and Game or the Municipality of Anchorage may acquire privately owned land within the Anchorage Coastal Wildlife Refuge by purchase, exchange, or otherwise, except by eminent domain.

(f) The land and water areas of the Anchorage Coastal Wildlife Refuge are closed to mineral entry under AS 38.05.185  38.05.275.
Alaska Stat. § 16.10.240 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.240
Transportation of live crab.
Status: in_force

(a) A person may not take out of or ship, transport, or send from this state any commercially taken live crab, unless the crab have been landed in a port in the state and recorded on a fish ticket form prescribed by the department.

(b) Notwithstanding (a) of this section, live crab may be taken, shipped, transported, or sent from the state by means of surface transportation only if the crab are taken at a time and location in the state for which the Department of Environmental Conservation does not require seafood processors to test crab for the presence of marine toxins.
Alaska Stat. § 16.12.100 — AK Code / Title 16 / Chapter 16.12 / Section 16.12.100
Inspection by the department.
Status: in_force

(a) A permit holder shall allow the department to inspect the permit holder's facility for a project under AS 16.12.010 at any time the facility is in operation. The department shall conduct the inspection in a reasonable manner.

(b) The department shall bear the cost of an inspection performed under this section.
Alaska Stat. § 16.20.620 — AK Code / Title 16 / Chapter 16.20 / Section 16.20.620
Willow Mountain Critical Habitat Area established.
Status: in_force

(a) The following described area is established as the Willow Mountain Critical Habitat Area: (1) Township 20 North, Range 2 West, Seward Meridian Section 7

Sections 18  19;

(2) Township 20 North, Range 3 West, Seward Meridian Sections 1  2

Sections 11  14

Sections 23  24;

(3) Township 21 North, Range 2 West, Seward Meridian Sections 4  7

Section 18: W1/2;

(4) Township 21 North, Range 3 West, Seward Meridian Section 1

Sections 11  14

Sections 23  26

Sections 35  36;

(5) Township 22 North, Range 2 West, Seward Meridian Sections 19  21

Sections 28  33.

(b) Notwithstanding AS 16.20.510  16.20.530, the commissioner of fish and game, in consultation with the commissioner of natural resources, shall prepare a management plan for the Willow Mountain Critical Habitat Area. The commissioner of fish and game and the commissioner of natural resources shall exercise their respective authorities over the area in a manner consistent with the management plan.
Alaska Stat. § 16.43.945 — AK Code / Title 16 / Chapter 16.43 / Section 16.43.945
Commercial fishing privileges exempt from claims of creditors.
Status: in_force

Except as provided in AS 16.10.333  16.10.338, AS 16.43.170 (g), AS 44.81.215 , and 44.81.231  44.81.250, commercial fishing privileges granted under this chapter, including entry permits, are exempt from claims of creditors, including claims under AS 09.38.065 and AS 45.29.408 .
Alaska Stat. § 16.20.185 — AK Code / Title 16 / Chapter 16.20 / Section 16.20.185
Protection of habitat.
Status: in_force

On land under their respective jurisdictions, the commissioner of fish and game and the commissioner of natural resources shall take measures to preserve the natural habitat of species or subspecies of fish and wildlife that are recognized as threatened with extinction.
Alaska Stat. § 16.05.841 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.841
Fishway required.
Status: in_force

If the commissioner considers it necessary, every dam or other obstruction built by any person across a stream frequented by salmon or other fish shall be provided by that person with a durable and efficient fishway and a device for efficient passage for downstream migrants. The fishway or device or both shall be maintained in a practical and effective manner in the place, form, and capacity the commissioner approves for which plans and specifications shall be approved by the department upon application. The fishway or device shall be kept open, unobstructed, and supplied with a sufficient quantity of water to admit freely the passage of fish through it.
Alaska Stat. § 16.10.325 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.325
Guarantors.
Status: in_force

A person may act as guarantor if the borrower has insufficient collateral to secure a loan for the purposes described in AS 16.10.310 (a)(1)(B) or (C). The loan agreement shall specifically describe the property of the guarantor to be used as collateral by the borrower and shall be signed by the guarantor and the borrower. The department shall provide the guarantor with a copy of all notices sent to the borrower by the department. If the loan is for the purchase of an entry permit or quota shares, the guaranty by the guarantor may not constitute a lien, mortgage, or encumbrance on or pledge of the entry permit or quota shares.
Alaska Stat. § 16.52.040 — AK Code / Title 16 / Chapter 16.52 / Section 16.52.040
Location.
Status: in_force

The principal activities of the center shall be located in Kodiak, Alaska.
Alaska Stat. § 16.40.050 — AK Code / Title 16 / Chapter 16.40 / Section 16.40.050
Capture or release of elk.
Status: reserved

(a) [Repealed, § 5 ch 41 SLA 2000.] (b) [Repealed, § 5 ch 41 SLA 2000.] (c) A live elk may not be captured from the wild or released into the wild without an appropriate license or permit from the department.

(d) [Repealed, § 5 ch 41 SLA 2000.] (e) [Repealed, § 5 ch 41 SLA 2000.]
Alaska Stat. § 16.05.255 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.255
Regulations of the Board of Game; management requirements.
Status: reserved

(a) The Board of Game may adopt regulations it considers advisable in accordance with AS 44.62 (Administrative Procedure Act) for (1) setting apart game reserve areas, refuges, and sanctuaries in the water or on the land of the state over which it has jurisdiction, subject to the approval of the legislature;

(2) establishing open and closed seasons and areas for the taking of game;

(3) establishing the means and methods employed in the pursuit, capture, taking, and transport of game, including regulations, consistent with resource conservation and development goals, establishing means and methods that may be employed by persons with physical disabilities;

(4) setting quotas, bag limits, harvest levels, and sex, age, and size limitations on the taking of game;

(5) classifying game as game birds, song birds, big game animals, fur bearing animals, predators, or other categories;

(6) methods, means, and harvest levels necessary to control predation and competition among game in the state;

(7) watershed and habitat improvement, and management, conservation, protection, use, disposal, propagation, and stocking of game;

(8) prohibiting the live capture, possession, transport, or release of native or exotic game or their eggs;

(9) establishing the times and dates during which the issuance of game licenses, permits, and registrations and the transfer of permits and registrations between registration areas and game management units or subunits is allowed;

(10) regulating sport hunting and subsistence hunting as needed for the conservation, development, and utilization of game;

(11) taking game to ensure public safety;

(12) regulating the activities of persons licensed to control nuisance wild birds and nuisance wild small mammals;

(13) promoting hunting and trapping and preserving the heritage of hunting and trapping in the state.

(b) [Repealed, § 12 ch 52 SLA 1986.] (c) If the Board of Game denies a petition or proposal to amend, adopt, or repeal a regulation, the board, upon receiving a written request from the sponsor of the petition or proposal, shall in addition to the requirements of AS 44.62.230 provide a written explanation for the denial to the sponsor not later than 30 days after the board has officially met and denied the sponsor's petition or proposal, or 30 days after receiving the request for an explanation, whichever is later.

(d) Regulations adopted under (a) of this section must provide that, consistent with the provisions of AS 16.05.258 , the taking of moose, deer, elk, and caribou by residents for personal or family consumption has preference over taking by nonresidents.

(e) The Board of Game shall adopt regulations to provide for intensive management programs to restore the abundance or productivity of identified big game prey populations as necessary to achieve human consumptive use goals of the board in an area where the board has determined that (1) consumptive use of the big game prey population is a preferred use;

(2) depletion of the big game prey population or reduction of the productivity of the big game prey population has occurred and may result in a significant reduction in the allowable human harvest of the population; and

(3) enhancement of abundance or productivity of the big game prey population is feasibly achievable utilizing recognized and prudent active management techniques.

(f) The Board of Game may not significantly reduce the taking of an identified big game prey population by adopting regulations relating to restrictions on harvest or access to the population, or to management of the population by customary adjustments in seasons, bag limits, open and closed areas, methods and means, or by other customary means authorized under (a) of this section, unless the board has adopted regulations, or has scheduled for adoption at the next regularly scheduled meeting of the board regulations, that provide for intensive management to increase the take of the population for human harvest consistent with (e) of this section. This subsection does not apply if the board (1) determines that intensive management would be (A) ineffective, based on scientific information;

(B) inappropriate due to land ownership patterns; or

(C) against the best interest of subsistence uses; or

(2) declares that a biological emergency exists and takes immediate action to protect or maintain the big game prey population in conjunction with the scheduling for adoption of those regulations that are necessary to implement (e) of this section.

(g) The Board of Game shall establish population and harvest goals and seasons for intensive management of identified big game prey populations to achieve a high level of human harvest.

(h) [Repealed, 2000 Ballot Measure No. 6.] (i) For the purpose of encouraging adults to take children hunting, the board shall establish annual hunting seasons in appropriate areas of the state for big game, other than bison and musk ox. Only a resident child accompanied by a resident adult or a child accompanied by the child's resident parent, resident grandparent, resident stepparent, or resident legal guardian may take big game in an area where a season established under this subsection is in effect. The adult, parent, grandparent, stepparent, or legal guardian who accompanies the child may only assist the child in taking big game. A big game animal taken under this subsection, except for a Sitka blacktail deer when the harvest limit for the deer is one for each person, must be counted against the bag limits of both the child and the adult, parent, grandparent, stepparent, or legal guardian who accompanies the child. In this subsection, (1) adult means an individual who is 21 years of age or older;

(2) child means an individual who is not more than 17 years of age and not younger than eight years of age.

(j) This section authorizes the board to regulate regarding the conservation, development, or utilization of game in a manner that addresses whether, how, when, and where the public asset of game is allocated or appropriated.

(k) The board may establish annual big game hunting seasons in appropriate areas of the state for persons with physical disabilities. A participant in a hunt established under this subsection must be accompanied by a hunter with a valid hunting license who is capable of retrieving game.

(l) In this section, (1) harvestable surplus means the number of animals that is estimated to equal the number of offspring born in a game population during a year less the number of animals required for recruitment for population maintenance and enhancement, when necessary, and the number of animals in the population that die from all causes, other than predation or human harvest, during that year;

(2) high level of human harvest means the allocation of a sufficient portion of the harvestable surplus of a game population to achieve a high probability of success for human harvest of the game population based on biological capabilities of the population and considering hunter demand;

(3) identified big game prey population means a population of ungulates that is identified by the Board of Game and that is important for providing high levels of harvest for human consumptive use;

(4) intensive management means management of an identified big game prey population consistent with sustained yield through active management measures to enhance, extend, and develop the population to maintain high levels or provide for higher levels of human harvest, including control of predation and prescribed or planned use of fire and other habitat improvement techniques;

(5) sustained yield means the achievement and maintenance in perpetuity of the ability to support a high level of human harvest of game, subject to preferences among beneficial uses, on an annual or periodic basis.
Alaska Stat. § 16.05.730 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.730
Management of wild and enhanced stocks of fish.
Status: in_force

(a) Fish stocks in the state shall be managed consistent with sustained yield of wild fish stocks and may be managed consistent with sustained yield of enhanced fish stocks.

(b) In allocating enhanced fish stocks, the board shall consider the need of fish enhancement projects to obtain brood stock. The board may direct the department to manage fisheries in the state to achieve an adequate return of fish from enhanced stocks to enhancement projects for brood stock; however, management to achieve an adequate return of fish to enhancement projects for brood stock shall be consistent with sustained yield of wild fish stocks.

(c) The board may (1) consider the need of enhancement projects authorized under AS 16.10.400 and contractors who operate state-owned enhancement projects under AS 16.10.480 to harvest and sell fish produced by the enhancement project that are not needed for brood stock to obtain funds for the purposes allowed under AS 16.10.450 or 16.10.480(d);

(2) consider the need of projects authorized under AS 16.12.010 to harvest and sell shellfish that are not needed for brood stock to obtain funds for the purposes allowed under AS 16.12.080 ;

(3) exercise its authority under this title as it considers necessary to direct the department to provide a reasonable harvest of fish, in addition to the fish needed for brood stock, to an enhancement project to obtain funds for the enhancement project if the harvest is consistent with sustained yield of wild fish stocks; and

(4) adopt a fishery management plan to provide fish to an enhancement project to obtain funds for the purposes allowed under AS 16.10.450 , 16.10.480(d), or AS 16.12.080 .

(d) In this section, enhancement project means a project, facility, or hatchery for the enhancement of fishery resources of the state for which the department has issued a permit.
Alaska Stat. § 16.10.925 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.925
Default.
Status: in_force

If the borrower defaults on a note, the department shall notify the borrower of the default and the consequences of default by mailing a notice to the borrower's most recent address provided to the department by the borrower or obtained by the department.
Alaska Stat. § 16.05.891 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.891
Exemption for emergency situations.
Status: in_force

In an emergency arising from weather or stream flow conditions, the commissioner, through authorized representatives, shall issue oral permits to a riparian owner for removing obstructions or for repairing existing structures without the necessity of submitting prepared plans and specifications as required by AS 16.05.871 .
Alaska Stat. § 16.05.530 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.530
Renewal of vessel license.
Status: in_force

(a) Upon payment of the vessel license fee and filing of the name and address of the owner of the vessel or the owner's authorized agent, the name and number of the vessel, a description of the vessel, the vessel license number, if any, the area to be fished, and other reasonable information required by the Alaska Commercial Fisheries Entry Commission, the commission shall issue a permanent number plate and a vessel license. If the vessel has a permanent number plate, the commission shall issue a vessel license and tab designating the year the license is valid. The tab shall be placed in the space provided on the permanent number plate.

(b) For calendar year 2006 and following years, the annual fee for a vessel license issued or renewed under this section is set according to the overall length, as defined by the United States Coast Guard, of the vessel under the following schedule: (1) 0  25 feet ..... $24

(2) over 25 feet  50 feet ..... 60

(3) over 50 feet  75 feet ..... 120

(4) over 75 feet  100 feet ..... 225

(5) over 100 feet  125 feet ..... 300

(6) over 125 feet  150 feet ..... 375

(7) over 150 feet  175 feet ..... 450

(8) over 175 feet  200 feet ..... 525

(9) over 200 feet  225 feet ..... 600

(10) over 225 feet  250 feet ..... 675

(11) over 250 feet  275 feet ..... 750

(12) over 275 feet  300 feet ..... 825

(13) over 300 feet ..... 900.
Alaska Stat. § 16.05.723 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.723
Misdemeanor commercial fishing penalties.
Status: in_force

(a) A person who negligently violates AS 16.05.440  16.05.690, or a regulation of the Board of Fisheries or the department governing commercial fishing, is guilty of a misdemeanor and in addition to punishment under other provisions in this title, including AS 16.05.195 and 16.05.710, is punishable upon conviction by a fine of not more than $15,000 or by imprisonment for not more than one year, or by both. In addition, the court shall order forfeiture of any fish, or its fair market value, taken or retained as a result of the commission of the violation, and the court may forfeit any vessel and any fishing gear, including any net, pot, tackle, or other device designed or employed to take fish commercially, that was used in or in aid of the violation. Any fish, or its fair market value, forfeited under this subsection may not also be forfeited under AS 16.05.195 . For purposes of this subsection, it is a rebuttable presumption that all fish found on board a fishing vessel used in or in aid of a violation, or found at the fishing site, were taken or retained in violation of AS 16.05.440  16.05.690 or a commercial fisheries regulation of the Board of Fisheries or the department, and it is the defendant's burden to show by a preponderance of the evidence that fish on board or at the site were lawfully taken and retained.

(b) If a person is convicted under this section of one of the following offenses, then, in addition to the penalties imposed under (a) of this section, the court may impose a fine equal to the gross value of the fish found on board or at the fishing site at the time of the violation: (1) commercial fishing in closed waters;

(2) commercial fishing during a closed period or season;

(3) commercial fishing with unlawful gear, including a net, pot, tackle, or other device designed or employed to take fish commercially; or

(4) commercial fishing without a limited entry permit holder on board if the holder is required by law or regulation to be present.

(c) Upon a third misdemeanor conviction within a period of 10 years for an offense listed in (b) of this section or any combination of offenses listed in (b) of this section, the court shall impose, in addition to any penalties imposed under (a) of this section, a fine equal to three times the gross value of the fish found on board or at the fishing site at the time of the offense, or a fine equal to $10,000, whichever is greater.

Article 5. Management of Fish and Fisheries.
Alaska Stat. § 16.05.440 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.440
Expiration date for licenses.
Status: in_force

Licenses issued under AS 16.05.440  16.05.723 expire at the close of December 31 following their issuance or, for licenses that are valid for two years, after December 31 of the year after the year of issuance, and shall be renewed upon application and payment of the license fees required by AS 16.05.440  16.05.723.
Alaska Stat. § 16.05.780 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.780
Taking of antlerless moose prohibited.
Status: in_force

(a) The taking of antlerless moose in any game management unit or subunit or a portion of a unit or subunit is prohibited except that antlerless moose may be taken only under regulations adopted under (b) of this section after (1) the department recommends the season be opened in that year, based on biological evidence, and

(2) a majority of active local advisory committees for that unit or subunit have recommended an opening for that year, after each has taken a vote and a majority of the members of those committees have voted in the affirmative.

(b) Pursuant to (a) of this section the board, in its regularly scheduled annual game board meeting, may adopt regulations for the taking of antlerless moose in any game management unit or subunit in any year.
Alaska Stat. § 16.05.861 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.861
Penalty for violating fishway and hatchery requirements.
Status: in_force

(a) The owner of a dam or obstruction who fails to comply with AS 16.05.841 or 16.05.851 or a regulation adopted under AS 16.05.841 or 16.05.851 within a reasonable time specified by written notice from the commissioner is guilty of a misdemeanor, and is punishable by a fine of not more than $1,000. Each day the owner fails to comply constitutes a separate offense.

(b) In addition to the fine, the dam or other obstruction managed, controlled, or owned by a person violating AS 16.05.841 or 16.05.851 or a regulation adopted under AS 16.05.841 or 16.05.851 is a public nuisance and is subject to abatement.

Article 8. Protection of Waterways for Anadromous Fish.
Alaska Stat. § 16.05.140 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.140
Assent to provisions of federal aid acts.
Status: in_force

The state assents to the Federal Aid to Wildlife Restoration Act of September 2, 1937 (16 U.S.C. 669-669j), to the Federal Aid in Fish Restoration Act of August 9, 1950 (16 U.S.C. 777-777k), to any amendment, revision, or modification of either Act, and to any other federal aid act that may be enacted to benefit the state. It is desired that the department participate in the federal aid programs on the same basis as other states.
Alaska Stat. § 16.20.615 — AK Code / Title 16 / Chapter 16.20 / Section 16.20.615
Tugidak Island Critical Habitat Area.
Status: in_force

(a) The state land above the mean high tide line within the following described area is established as the Tugidak Island Critical Habitat Area: (1) Township 41 South, Ranges 33  34 West, Seward Meridian;

(2) Township 42 South, Range 33 West, Seward Meridian Sections 1  11

Sections 14  23

Sections 25  36;

(3) Township 42 South, Ranges 34  35 West, Seward Meridian;

(4) Township 43 South, Ranges 34  35 West, Seward Meridian.

(b) In addition to the area described in (a) of this section, the water and the land below the mean high tide line in the lagoon at the northeast end of Tugidak Island are included within the Tugidak Island Critical Habitat Area.

(c) The Tugidak Island Critical Habitat Area described in (a) and (b) of this section shall be managed under a management plan prepared by the department.

(d) The department shall permit existing cabins to remain, subsistence and recreational uses to continue, and commercial uses such as seal hunting and placer mining to continue, if appropriate under the management plan adopted under (c) of this section to the extent that the activities are compatible with the establishment of the Tugidak Island Critical Habitat Area.

(e) The department shall permit entry within the Tugidak Island Critical Habitat Area for the exploration and development of oil and gas resources when compatible with the purposes for which the critical habitat area was established. An oil and gas lease of state land within the Tugidak Island Critical Habitat Area is valid and continues in full force according to its terms.
Alaska Stat. § 16.05.896 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.896
Penalty for causing material damage.
Status: in_force

If a person or governmental agency fails to notify the commissioner of any construction or use that causes material damage to the spawning beds or prevents or interferes with the migration of anadromous fish, or by neglect or noncompliance with plans and specifications required and approved by the commissioner causes material damage to the spawning beds or prevents or interferes with the migration of anadromous fish, the person or governmental agency shall be guilty of a misdemeanor.
Alaska Stat. § 16.10.300 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.300
Declaration of policy.
Status: in_force

It is the policy of the state, under AS 16.10.300  16.10.370, to promote the rehabilitation of the state's fisheries, the development of a predominantly resident fishery, and the continued maintenance of commercial fishing gear and vessels throughout the state by means of long-term low interest loans.
Alaska Stat. § 16.20.575 — AK Code / Title 16 / Chapter 16.20 / Section 16.20.575
Kalgin Island Critical Habitat Area established.
Status: in_force

The following described area is established as the Kalgin Island Critical Habitat Area: (1) Township 3 North, Range 15 West, Seward Meridian Section 7 NW 1/4

Section 6 SW 1/4;

(2) Township 3 North, Range 16 West, Seward Meridian Section 1

Sections 11  12

Section 2 E 1/2;

(3) Township 4 North, Range 16 West, Seward Meridian Section 35 E 1/2

Section 36.
Alaska Stat. § 16.43.220 — AK Code / Title 16 / Chapter 16.43 / Section 16.43.220
Terms and conditions of interim-use permits.
Status: reserved

(a) The commission shall adopt regulations specifying the dates and places of application, the procedures to be followed in renewal of the interim-use permit including the time, place of its renewal, and for any other purpose incident to the administration of interim-use permits for that fishery. An interim-use permit shall expire upon the final determination of the holder's eligibility for an entry permit.

(b) [Repealed, § 9 ch 73 SLA 1977.] (c) The holder of an interim-use permit shall have the permit in possession at all times when engaged in the operation of the gear for which it was issued.
Alaska Stat. § 16.10.445 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.445
Egg sources.
Status: in_force

(a) The department shall approve the source and number of salmon eggs taken under AS 16.10.400  16.10.470.

(b) Where feasible, salmon eggs utilized by a hatchery operator shall first be taken from stocks native to the area in which the hatchery is located, and then, upon department approval, from other areas, as necessary.
Alaska Stat. § 16.43.140 — AK Code / Title 16 / Chapter 16.43 / Section 16.43.140
Permit required.
Status: in_force

(a) A person may not operate gear in the commercial taking of fishery resources without a valid entry permit or a valid interim-use permit issued by the commission.

(b) A permit is not required of a crewmember or other person assisting in the operation of a unit of gear engaged in the commercial taking of fishery resources as long as the holder of the entry permit or the interim-use permit for that particular unit of gear is at all times present and actively engaged in the operation of the gear.

(c) A person may hold more than one interim-use or entry permit issued or transferred under this chapter only for the following purposes: (1) fishing more than one type of gear;

(2) fishing in more than one administrative area;

(3) harvesting particular species for which separate interim-use or entry permits are issued;

(4) if authorized by regulations of the commission, fishing an entire unit of gear in a fishery in which the commission has issued entry permits for less than a unit of gear under AS 16.43.270 (d); under this paragraph, a person may not hold more than two entry permits for a fishery; however, the person may not (A) fish more than one unit of gear in the fishery; or

(B) acquire a second entry permit for the fishery after the person has acquired an entry permit that authorizes the use of an entire unit of gear in the fishery;

(5) consolidation of the fishing fleet for a salmon fishery; however, a person may hold not more than two entry permits for a salmon fishery under this paragraph, but the person who holds two entry permits for a salmon fishery may not engage in fishing under the second entry permit.
Alaska Stat. § 16.40.160 — AK Code / Title 16 / Chapter 16.40 / Section 16.40.160
Regulations.
Status: in_force

The commissioner may adopt regulations necessary to implement AS 16.40.100  16.40.199.
Alaska Stat. § 16.52.010 — AK Code / Title 16 / Chapter 16.52 / Section 16.52.010
Fishery Industrial Technology Center.
Status: in_force

There is established a Fishery Industrial Technology Center as part of the University of Alaska.
Alaska Stat. § 16.10.050 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.050
Construction of AS 16.10.010  16.10.050.
Status: in_force

AS 16.10.010  16.10.050 do not affect the vested rights or privileges granted by federal statute to any person.
Alaska Stat. § 16.30.015 — AK Code / Title 16 / Chapter 16.30 / Section 16.30.015
Surrender of salvaged portions, license forfeiture.
Status: in_force

A person convicted of violating AS 16.30.010 (1) shall surrender to the department all salvaged portions of the animal or fowl;

(2) forfeits the convicted person's hunting license;

(3) is ineligible to hold a hunting license for (A) the year in which the conviction is entered and the year following the year in which the conviction is entered;

(B) a period of five years from the date of the conviction if the person has failed to salvage from a big game animal at least the hindquarters as far as the distal joint of the tibia-fibula (hock).
Alaska Stat. § 16.05.052 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.052
Nuisance moose.
Status: in_force

The department shall avoid destruction of nuisance moose if a practicable alternative exists for the relocation of the moose to suitable habitat where the moose will not be a nuisance. The commissioner may authorize one or more private individuals or groups to relocate nuisance moose to suitable habitat designated by the department if, upon review and evaluation of a written application and proposal, the commissioner finds that the individual or group is qualified to relocate nuisance moose without undue danger to the public, themselves, or the moose. Before relocating nuisance moose, an authorized individual or group shall provide financial assurances acceptable to the commissioner that will cover the state's reasonable anticipated costs of the relocation and indemnify the state for liability for damages to private persons and property arising from the actions of the individual or group in relocating nuisance moose under this section. The authorized individual or group shall reimburse the state for its costs that arise from relocating nuisance moose. A civil action to recover damages or costs that arise from relocating nuisance moose may not be brought against the state or a political subdivision, officer, or employee of the state. If darts containing narcotics are used to tranquilize moose, all of the darts shall be recovered and properly disposed. In this section, nuisance moose means moose designated by the department in an area of concentrated human population that pose a significant risk to the health, safety, or economic well-being of persons in the area.
Alaska Stat. § 16.45.010 — AK Code / Title 16 / Chapter 16.45 / Section 16.45.010
Governor's power to execute compact.
Status: in_force

The governor may execute a compact on behalf of the state to cooperate in the Pacific Marine Fisheries Commission.
Alaska Stat. § 16.05.070 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.070
Regulations as evidence.
Status: in_force

Regulations of a board and of the commissioner, including emergency openings and closures, are admissible as evidence in the courts of the state in accordance with AS 44.62 (Administrative Procedure Act).
Alaska Stat. § 16.43.381 — AK Code / Title 16 / Chapter 16.43 / Section 16.43.381
Adoption of regulations.
Status: in_force

(a) Use privileges granted under AS 16.43.340  16.43.390 are subject to the regulations of the Board of Fisheries, which may adopt regulations exclusively applicable to the use of educational entry permits.

(b) The commission shall adopt regulations relating to the issuance of educational entry permits, establishing eligibility criteria for recipients of the permits, and such other matters as are reasonably necessary to implement AS 16.43.340  16.43.390.
Alaska Stat. § 16.51.090 — AK Code / Title 16 / Chapter 16.51 / Section 16.51.090
Powers of board.
Status: in_force

In carrying out the powers of the institute, the board may (1) adopt, alter, and use a corporate seal;

(2) prescribe, adopt, amend, and repeal bylaws;

(3) sue and be sued in the name of the institute;

(4) enter into any agreements necessary to the exercise of its powers and functions;

(5) cooperate with a public or private board, organization, or agency engaged in work or activities similar to the work or activities of the institute, including entering into contracts for joint programs of consumer education, sales promotion, quality control, advertising, and research in the production, processing, or distribution of seafood;

(6) conduct, or contract for, scientific research to develop and discover health, dietetic, or other uses of seafood harvested and processed in the state;

(7) receive contributions of money from persons;

(8) establish offices in the state and otherwise incur expenses incidental to the performance of its duties;

(9) appear on behalf of the institute before boards, commissions, departments, or other agencies of municipal, state, or federal government;

(10) acquire, hold, lease, sell, or otherwise dispose of property, but such property is limited to that which is necessary to the administrative functioning of the office of the institute;

(11) establish and maintain one or more bank accounts for the transaction of the institute's business;

(12) prepare market research and product development plans for the promotion of any species of seafood and their by-products that may be harvested in the state and processed for sale;

(13) establish committees related to the marketing of salmon and salmon products; the board shall, to the extent practicable, appoint equal numbers of seafood processors and persons engaged in commercial fishing to the committees.
Alaska Stat. § 16.05.256 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.256
Nonresident and nonresident alien permits.
Status: in_force

Whenever it is necessary to restrict the taking of big game so that the opportunity for state residents to take big game can be reasonably satisfied in accordance with sustained yield principles, the Board of Game may, through a permit system, limit the taking of big game by nonresidents and nonresident aliens to accomplish that purpose.
Alaska Stat. § 16.10.945 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.945
Definitions.
Status: in_force

In AS 16.10.890  16.10.945, (1) commissioner means the commissioner of commerce, community, and economic development;

(2) department means the Department of Commerce, Community, and Economic Development;

(3) hatchery has the meaning given in AS 16.40.199 ;

(4) mariculture means the farming of shellfish and aquatic plants as defined in AS 16.40.199 ;

(5) shellfish enhancement project means a project to (A) augment the yield or harvest of shellfish above naturally occurring levels using a natural, artificial, or semiartificial production system; or

(B) rehabilitate a shellfish stock by restoring it to its naturally occurring levels of productivity.
Alaska Stat. § 16.43.150 — AK Code / Title 16 / Chapter 16.43 / Section 16.43.150
Terms and conditions of entry permit; annual renewal.
Status: in_force

(a) Except as may be otherwise provided under AS 16.43.270 (d), an entry permit authorizes the permittee to operate a unit of gear within a specified fishery.

(b) The holder of an entry permit shall have the permit in possession at all times when engaged in the operation of gear for which it was issued.

(c) Each entry permit is issued for a term of one year and is renewable annually.

(d) Failure to renew an entry permit for a period of two years from the year of last renewal results in a forfeiture of the entry permit to the commission, except as waived by the commission for good cause. An entry permit may not be renewed until the fees for each preceding year during which the entry permit was not renewed are paid. However, failure to renew an entry permit in a year in which there is an administrative closure for the entire season for a specific fishery is good cause not to renew the entry permit. The commission shall waive the payment of fees for that year.

(e) An entry permit constitutes a use privilege that may be modified or revoked by the legislature without compensation.

(f) Except for permits that are not transferable under AS 16.43.170 (e), an entry permit survives the death of the holder.

(g) Except as provided in AS 16.10.333  16.10.338, AS 44.81.215 , 44.81.225, and 44.81.231  44.81.250, an entry permit may not be (1) pledged, mortgaged, leased, or encumbered in any way;

(2) transferred with any retained right of repossession or foreclosure, or on any condition requiring a subsequent transfer; or

(3) attached, distrained, or sold on execution of judgment or under any other process or order of any court, except as provided in AS 16.43.170 (g) and (h).

(h) Unless an entry permit holder has expressed a contrary intent in a will that is probated, the commission shall, upon the death of the permit holder, transfer the permanent permit by right of survivorship directly to the surviving spouse or, if no spouse survives, to a natural person designated by the permit holder on a form provided by the commission. If no spouse survives and if the person designated on the form, if any, does not survive, the permit passes as part of the permit holder's estate. A designation under this subsection must be acknowledged before a person authorized to administer an oath under AS 09.63.010 or must be witnessed by two persons who are qualified under AS 13.12.505 to witness the will of the permit holder. Except as provided in AS 16.10.333  16.10.337, AS 44.81.215 , and 44.81.231  44.81.250, the permit is exempt from the claims of creditors of the estate.

(i) The holder of a transferable or nontransferable entry permit or of an interim-use permit may voluntarily relinquish the permit to the commission.
Alaska Stat. § 16.10.805 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.805
Powers and duties of the department.
Status: in_force

The department may (1) make loans to eligible applicants under AS 16.10.801  16.10.840 (A) for the purchase of charter halibut permits;

(B) to refinance debt obligations made by other lenders more than 12 months before the department received the loan application and incurred by an applicant for the purchase of charter halibut fishing vessels or gear if the applicant otherwise qualifies for a loan under AS 16.10.801  16.10.840; the department may collect a refinancing loan origination charge as provided by regulation;

(2) receive, take, hold, and administer any appropriation, transfer, gift, grant, bequest, devise, or donation of money for the fund;

(3) establish amortization plans for repayment of loans, including extensions of the terms of loans;

(4) allow an assumption of a loan if (A) the applicant meets the requirements established under this section; and

(B) approval of the assumption would be consistent with the purposes of AS 16.10.801  16.10.840;

(5) establish the rate of interest for loans consistent with law;

(6) charge and collect fees for services provided under AS 16.10.801  16.10.840;

(7) adopt regulations under AS 44.62 necessary to carry out the provisions of AS 16.10.801  16.10.840, including regulations to establish reasonable fees for services provided; and

(8) designate agents and delegate powers as necessary to the agents.
Alaska Stat. § 16.12.110 — AK Code / Title 16 / Chapter 16.12 / Section 16.12.110
Annual report.
Status: in_force

A person who holds a permit under this chapter shall submit an annual report not later than December 15 to the department. The report must be made on a form prescribed by the department and contain information pertaining to (1) species;

(2) the brood stock source;

(3) the number, age, gender, and size of spawners;

(4) the number of eggs collected and juveniles produced; and

(5) the number, age, gender, and size of harvested shellfish attributable to releases by the permit holder.
Alaska Stat. § 16.05.221 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.221
Boards of fisheries and game.
Status: in_force

(a) For purposes of the conservation and development of the fishery resources of the state, there is created the Board of Fisheries composed of seven members appointed by the governor, subject to confirmation by a majority of the members of the legislature in joint session. The governor shall appoint each member on the basis of interest in public affairs, good judgment, knowledge, and ability in the field of action of the board, and with a view to providing diversity of interest and points of view in the membership. The appointed members shall be residents of the state and shall be appointed without regard to political affiliation or geographical location of residence. The commissioner is not a member of the Board of Fisheries, but shall be ex officio secretary.

(b) For purposes of the conservation and development of the game resources of the state, there is created a Board of Game composed of seven members appointed by the governor, subject to confirmation by a majority of the members of the legislature in joint session. The governor shall appoint each member on the basis of interest in public affairs, good judgment, knowledge, and ability in the field of action of the board, and with a view to providing diversity of interest and points of view in the membership. The appointed members shall be residents of the state and shall be appointed without regard to political affiliation or geographical location of residence. The commissioner is not a member of the Board of Game, but shall be ex officio secretary.

(c) Members of the Board of Game serve staggered terms of three years. The terms of the members of the board begin on July 1. Notwithstanding AS 39.05.080 (1), by April 1 of the calendar year in which the term expires, the governor shall appoint a person to fill the vacancy that will arise on the board because of the expiration of the term of a member of the board and submit the name of the person to the legislature for confirmation. If a vacancy arises on the board, the governor shall, within 30 days after the vacancy arises, appoint a person to serve the balance of the unexpired term and submit the name of the person to the legislature for confirmation. A person appointed to fill the balance of an unexpired term shall serve on the board from the date of appointment until the earlier of the expiration of the term or the failure of the legislature to confirm the person under AS 39.05.080 .

(d) Members of the Board of Fisheries serve staggered terms of three years. The terms of members of the board begin on July 1. Notwithstanding AS 39.05.080 (1), by April 1 of the calendar year in which the term expires, the governor shall appoint a person to fill the vacancy that will arise on the board due to expiration of the term of a member of the board and submit the name of the person to the legislature for confirmation. If a vacancy arises on the board, the governor shall, within 30 days after the vacancy arises, appoint a person to serve the balance of the unexpired term and submit the name of the person to the legislature for confirmation. A person appointed to fill the balance of an unexpired term shall serve on the board from the date of appointment until the earlier of the expiration of the term or the failure of the legislature to confirm the person under AS 39.05.080 .
Alaska Stat. § 16.20.320 — AK Code / Title 16 / Chapter 16.20 / Section 16.20.320
Activities on bison range area.
Status: in_force

Nothing in AS 16.20.300  16.20.320 shall be construed as prohibiting activities on land described in AS 16.20.300 that are otherwise permitted in accordance with the laws and regulations of this state, including, but not limited to, hunting, trapping, engaging in recreational activities, using the land for access to adjacent areas, and a 300-foot Alaska Railroad right-of-way.
Alaska Stat. § 16.43.228 — AK Code / Title 16 / Chapter 16.43 / Section 16.43.228
Southeast Alaska dive fisheries.
Status: reserved

(a) [Repealed, § 4 ch 125 SLA 1996.] (b) [Repealed, § 4 ch 125 SLA 1996.] (c) [Repealed, § 4 ch 125 SLA 1996.] (d) [Repealed, § 4 ch 125 SLA 1996.] (e) [Repealed, § 22 ch 9 SLA 2014.] (f) Notwithstanding AS 16.43.225 , for the purposes of this chapter, (1) an interim-use permit issued under this section shall be treated as an interim-use permit issued under AS 16.43.225 ;

(2) a moratorium established under this section shall be treated as a moratorium established under AS 16.43.225 .

(g) The commission may not consider participation in a fishery, subject to a moratorium on entry under this section, that occurs during the period of the moratorium in determining eligibility for an entry permit that may be issued for the fishery after termination of the moratorium.
Alaska Stat. § 16.10.265 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.265
Purchase of fish from permit holders.
Status: in_force

(a) An individual may not, while acting as a fish processor or primary fish buyer, or as an agent, director, officer, member, or employee of a fish processor, of a primary fish buyer, or of a cooperative corporation organized under AS 10.15 , intentionally or knowingly make an original purchase of fish from a seller who does not hold (1) a landing permit, an entry permit, or an interim-use permit; or

(2) a fish transporter permit under AS 16.05.671 .

(b) An individual who violates (a) of this section is (1) upon a first conviction, guilty of a class B misdemeanor and shall be sentenced to a fine of not less than $1,000 nor more than $5,000, and may be sentenced to a definite term of imprisonment of not more than 90 days;

(2) upon a second conviction, guilty of a class A misdemeanor and shall be sentenced to a fine of not less than $5,000 nor more than $10,000, and may be sentenced to a definite term of imprisonment of not more than one year;

(3) upon a third or subsequent conviction, guilty of a class A misdemeanor and shall be sentenced to a fine of not less than $10,000 nor more than $25,000, and may be sentenced to a definite term of imprisonment of not more than one year.

(c) The commissioner of revenue shall impose upon a fish processor, primary fish buyer, or cooperative corporation organized under AS 10.15 , a civil fine equal to the value of fish purchased in violation of this section by (1) the fish processor or primary fish buyer if the fish processor or primary fish buyer is not a corporation; or (2) a director, officer, or employee in a policy-making position of the fish processor, of the primary fish buyer, or of the cooperative corporation. Value is based on the average price paid to fishermen at the time of the violation.

(d) The commissioner of commerce, community, and economic development may suspend or revoke a business license issued under AS 43.70.020 and the commissioner of revenue may suspend or revoke a license to engage in the business of processing or buying raw fish if the licensee or an officer, director, or employee in a policy-making position of the licensee has been convicted of three offenses under this section. Proceedings to suspend or revoke a license are governed by AS 44.62 (Administrative Procedure Act).

(e) An organization may not be criminally prosecuted under (a) of this section.

(f) In this section, individual means a natural person.
Alaska Stat. § 16.10.125 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.125
Use of termination device on shellfish and bottom fish pot required.
Status: in_force

The Board of Fisheries shall, by regulation, prescribe a termination device or devices for all shellfish and bottom fish pots. In this section termination device means a biodegradable seam or panel or other device that renders the pot incapable of holding shellfish or bottom fish for more than six months when it is continuously immersed in sea water.
Alaska Stat. § 16.43.170 — AK Code / Title 16 / Chapter 16.43 / Section 16.43.170
Transfer of entry permits.
Status: reserved

(a) Except as provided in AS 16.10.333  16.10.338 and in AS 44.81.231  44.81.250, entry permits and interim-use permits are transferable only through the commission as provided in this section and AS 16.43.180 and under regulations adopted by the commission. An involuntary transfer of an entry permit in a manner inconsistent with the statutes of this state and the regulations of the commission is void.

(b) Except as provided in (e) of this section, the holder of an entry permit may transfer the permit to another person or to the commission upon 60 days notice of intent to transfer under regulations adopted by the commission. No sooner than 60 days nor later than 12 months from the date of notice to the commission, the holder of an entry permit may transfer the permit. If the proposed transferee, other than the commission, can demonstrate the present ability to participate actively in the fishery and the transfer does not violate any provision of this chapter or regulations adopted under this chapter, and if a certificate for the permit under AS 16.10.333 (b)(1)  (2), 16.10.338, or AS 44.81.231 (a) is not in effect, the commission shall approve the transfer and reissue the entry permit to the transferee provided that neither party is prohibited by law from participating in the transfer.

(c) [Repealed, § 10 ch 135 SLA 2002.] (d) [Repealed, § 9 ch 73 SLA 1977.] (e) The holder of an entry permit who qualified for that entry permit in a priority classification designated under AS 16.43.250 (c) may not transfer that permit.

(f) The permanent transfer of an entry permit is void if proceedings in which commercial fishing privileges and licenses may be suspended under AS 16.05.710 are pending against the permit holder at the time of transfer unless the transfer of the entry permit is allowed by order of the court in which the proceedings are pending.

(g) A person may request the commission to transfer an entry permit due to an execution on a permit holder's interest in that permit if the execution is to enforce a lien recorded with the commission under AS 25.27.230 (c). The request shall be made in the form and manner provided in this chapter and regulations adopted under this chapter. The commission may deny a request for transfer of an entry permit due to an execution of a holder's interest in that permit if (1) the execution does not comply with legal requirements or otherwise is not valid;

(2) the transfer violates this chapter or regulations adopted under this chapter;

(3) the proposed transferee or other party to the transfer is prohibited by law from participating in the transaction;

(4) a certificate for the permit under AS 16.10.333 (b)(1)  (2), 16.10.338, or AS 44.81.231 (a) is in effect at the time of the proposed transfer;

(5) the proposed transferee of the entry permit, other than the commission, cannot demonstrate the present ability to actively participate in the fishery; or

(6) the holder of the entry permit as shown by the records of the commission demonstrates, under regulations adopted by the commission, that the entry permit is a necessary means of support for the holder and those dependent upon the holder.

(h) Notwithstanding (g) of this section, the commission may not approve a request for transfer of an entry permit after an execution sale unless the parties to the transfer offer the commission a right to purchase the permit at the same price and on the same terms as those of that execution sale. If the commission exercises its right to purchase the permit, the permit then shall be transferred to the commission.
Alaska Stat. § 16.05.020 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.020
Functions of commissioner.
Status: in_force

The commissioner shall (1) supervise and control the department, and may appoint and employ division heads, enforcement agents, and the technical, clerical, and other assistants necessary for the general administration of the department;

(2) manage, protect, maintain, improve, and extend the fish, game and aquatic plant resources of the state in the interest of the economy and general well-being of the state;

(3) have necessary power to accomplish the foregoing including, but not limited to, the power to delegate authority to subordinate officers and employees of the department.
Alaska Stat. § 16.20.039 — AK Code / Title 16 / Chapter 16.20 / Section 16.20.039
Creamer's Field Migratory Waterfowl Refuge.
Status: in_force

(a) The following state-owned land and water is established as the Creamer's Field Migratory Waterfowl Refuge: (1) commencing at the Section Corner on the Fairbanks Base Line common to Sections 33 and 34, Township 1 North, Range 1 West, Fairbanks Meridian, Point of Beginning, thence East along the Fairbanks Base Line 4703.30 feet, thence South 0 degrees 00 minutes 16 seconds West 235.67 feet to the south bank of a tributary of Isabella Creek, thence along the south bank of the tributary to Isabella Creek North 70 degrees 59 minutes 51 seconds West 525.44 feet, continuing North 88 degrees 22 minutes 22 seconds West 85.48 feet to the confluence with the south bank of Isabella Creek, thence along the south bank of Isabella Creek South 85 degrees 27 minutes 47 seconds West 209.43 feet, continuing South 68 degrees 10 minutes 59 seconds West 220.04 feet, continuing South 65 degrees 19 minutes 35 seconds West 434.66 feet to the northwestern boundary to Tract No. 5 of instrument number 60-4556 (Plat, recorded June 21, 1960) in the Fairbanks Recorder's Office, thence South 53 degrees 52 minutes 05 seconds West 1228.34 feet along the westerly boundary of the Subdivision of Tract No. 5 from the Charles Creamer Property, thence South 35 degrees 00 minutes 05 seconds West 300.08 feet to the northerly boundary of Lemeta Subdivision, thence along the north boundary of the Lemeta Subdivision North 89 degrees 52 minutes 58 seconds West 646.40 feet to the northern College Road right-of-way, thence along the north edge of the College Road right-of-way North 71 degrees 53 minutes 31 seconds West 688.05 feet, thence North 18 degrees 21 minutes 30 seconds East 12 feet, continuing on a 2 degree 17 minute 26 second curve to the right 415.49 feet, continuing North 62 degrees 07 minutes 30 seconds West 275.16 feet, thence North 27 degrees 52 minutes 30 seconds East 10.00 feet, continuing on a 2 degree 26 minute 29 second curve to the left 473.08 feet, thence leaving the College Road right-of-way North 0 degrees 03 minutes East 611.23 feet to the Fairbanks Base Line, thence North 89 degrees 56 minutes 34 seconds East along the Fairbanks Base Line 200.03 feet to the Section Corner common to Sections 33 and 34 on the Fairbanks Base Line and the Point of Beginning, containing 83.7 acres, more or less;

(2) the W1/2SW1/4 and the SE1/4SW1/4 of Section 27; the S1/2 of Section 28; the portions of the S1/2SE1/4 lying southerly of the Farmers Loop Road right-of-way and the SE1/4SE1/4NE1/4SE1/4 of Section 29; all of Section 34; and the W1/2 and the W1/2E1/2 of Section 35, all in Township 1 North, Range 1 West, Fairbanks Meridian;

(3) Tract B-2 and Tract C of Alaska State Land Survey No. 83-62 in Section 33, Township 1 North, Range 1 West, Fairbanks Meridian, according to Plat No. 83-272 as filed in the Fairbanks Recording District on December 20, 1983, and as modified by the public utility easement vacation plat filed in the Fairbanks Recording District on February 22, 1985, as Plat No. 85-27;

(4) the SW1/4SW1/4 of Section 26 in Township 1 North, Range 1 West, Fairbanks Meridian (also known as a portion of Tax Lot 2600);

(5) the SE1/4 of Section 27 in Township 1 North, Range 1 West, Fairbanks Meridian excepting therefrom: (A) all that portion lying within Air Park Subdivision according to the plat filed November 20, 1978, as Plat No. 78-206 Fairbanks Recording District; Replat Lot 7 Block 1 Air Park Subdivision and Air Park Subdivision First Addition according to the plat filed April 2, 1979, as Plat No. 79-56 Fairbanks Recording District; Air Park Second Addition, according to the plat filed November 26, 1979, as Plat No. 79-264 and amended plat filed May 15, 1980, as Plat No. 80-86 Fairbanks Recording District; Air Park Subdivision Third Addition according to the plat filed June 14, 1993, as Plat No. 93-160 Fairbanks Recording District; and

(B) the West 240 feet as conveyed to Sherman Field Airstrip Owner's Association, Inc., by Bargain and Sale Deed recorded January 19, 1989, in Book 606, Page 586, Fairbanks Recording District;

(6) the portions of the E1/2SW1/4SE1/4NW1/4, W1/2SE1/4SE1/4NW1/4, E1/2NW1/4SE1/4NW1/4, and W1/2NE1/4SE1/4NW1/4 lying southerly of Farmers Loop Road right-of-way, according to the Department of Transportation and Public Facilities Project RS-0644(13)/60384, as Plat No. 2008-89, Fairbanks Recording District, all lying within Section 28 in Township 1 North, Range 1 West, Fairbanks Meridian;

(7) the E1/2SW1/4 and the NW1/4SW1/4 within Section 26 in Township 1 North, Range 1 West, Fairbanks Meridian.

(b) The land and water described in (a)(1) of this section is subject to an easement for water and sewer lines given to the City of Fairbanks, along a portion of the southern boundary of the tract, more particularly described as follows: commencing at the Section Corner on the Fairbanks Base Line common to Sections 33 and 34, T1N R1W Fairbanks Meridian, thence N89° 55´ W 200.01´, thence S0° 03´ W 611.23´, thence easterly on a 2° 26´ 29´´ curve to the right a distance of approximately 201´ to the intersection with the section line common to Sections 3 and 4 T1S R1W Fairbanks Meridian, and the start of the easement, the easement being 20´ wide entirely to the left of the line being now described: continue easterly on a 2° 26´ 29´´ curve to the right 272´, thence S27° 52´ 30´´W 10´, thence S62° 07´ 30´´E 275.16´, thence on a 2° 17´ 26´´ curve to the left 402.96´, thence N11° 01´E 75.62´, thence S71° 38´ 30´´E 965.11´, thence S89° 52´ 58´´ E approximately 378.00´ to the end of the easement, being a point of the boundary of the land and water described in (a)(1) of this section.

(c) The Creamer's Field Migratory Waterfowl Refuge is established to provide the following: (1) protection and enhancement of habitat for migratory birds with special emphasis on waterfowl;

(2) opportunity to view, photograph, and study various species of plants, wildlife and geological features typical to interior Alaska.

(d) The department shall develop a management plan for the land described in (a) of this section to promote the purposes described in (c) of this section. Recreational and agricultural activity is expressly permitted within the land described in (a) of this section if consistent with the management plan adopted by the department.
Alaska Stat. § 16.43.040 — AK Code / Title 16 / Chapter 16.43 / Section 16.43.040
Quorum.
Status: in_force

Unless there is a vacancy on the commission, two members of the commission constitute a quorum for the transaction of business, for the performance of a duty, or for the exercise of a power of the commission.
Alaska Stat. § 16.10.269 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.269
Limitations.
Status: in_force

AS 16.10.265 and 16.10.267 do not apply to the purchase or sale of aquatic farm products from a holder of a permit issued under AS 16.40.100 or stock from a holder of a permit issued under AS 16.40.120 .
Alaska Stat. § 16.10.164 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.164
Policy on utilization of pollock.
Status: in_force

The legislature declares that stripping roe from pollock without utilizing the flesh is wasteful and does not constitute utilization of this resource for the maximum benefit of the people. Therefore, it is the policy of the state that (1) roe stripping be eliminated to the fullest extent possible; and

(2) pollock taken in a commercial fishery should be utilized for human consumption to the fullest extent practicable.
Alaska Stat. § 16.51.170 — AK Code / Title 16 / Chapter 16.51 / Section 16.51.170
Enforcement of assessments.
Status: in_force

The provisions of AS 43.05 and AS 43.10 apply for the enforcement and collection of the seafood marketing assessment.
Alaska Stat. § 16.05.820 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.820
Research by the federal government.
Status: in_force

The Secretary of the Interior, the Secretary of Commerce, or the Secretary of Agriculture of the United States and their authorized agents or other appropriate federal agencies may conduct fish cultural operations and scientific investigations in the state in the manner and at the times jointly considered necessary or proper by the Board of Fisheries and the secretary and their authorized agents.
Alaska Stat. § 16.10.165 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.165
Utilization of groundfish taken in a commercial fishery.
Status: in_force

(a) Unless otherwise provided by law, a person may not recklessly waste or cause to be wasted groundfish taken in a commercial fishery.

(b) The Board of Fisheries may adopt regulations under AS 44.62 (Administrative Procedure Act) it considers necessary for implementation of this section. The board may delegate its authority under this section to the commissioner.

(c) A person who violates this section is guilty of a class A misdemeanor.

(d) Each day on which a violation of this section occurs is a separate violation.

(e) In this section (1) flesh means all muscular body tissue surrounding the skeleton;

(2) groundfish means (A) pollock; or

(B) other species of groundfish designated by the Board of Fisheries under authority of this section;

(3) person includes a joint venture;

(4) waste means the failure to use the flesh of groundfish for human consumption, reduction to meal, production of food for domestic animals or fish, bait, or scientific, display, or educational purposes; waste does not include normal, inadvertent loss of flesh associated with processing that cannot be prevented by practical means.
Alaska Stat. § 16.10.750 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.750
Findings and purpose.
Status: in_force

(a) The legislature finds that (1) the salmon fishing industry is among the state's largest industries and generates hundreds of millions of dollars and thousands of jobs each year; the salmon fishery is vitally important to commercial, subsistence, personal use, and sport fishing interests, and to the state's developing tourist industry;

(2) the state is committed to maintaining and enhancing its wild stocks of salmon by careful management, by initiating a 20-year rebuilding program, and by investing in the fishing industry;

(3) millions of Alaska salmon are being caught and injured by high seas fisheries that intercept salmon contrary to state, federal, or international law; the high seas interception of Alaska salmon defeats the state's management and rebuilding programs, deprives the state of a return on its investment in the fishing industry, and detrimentally affects subsistence and sport fishing uses of Alaska salmon;

(4) vessels that engage in the high seas interception of salmon can move relatively freely and undetected from region to region in the North Pacific and thus are able to harvest whatever species is most readily available or most valuable; by moving farther westward, a greater proportion of the take is Asian salmon; moving eastward results in a greater proportion of the take being Alaska salmon; although there is intermixing of Asian and North American salmon stocks, scientific evidence proves that even a minimal harvest of salmon within the migratory range of each species will contain Alaska salmon;

(5) the illegal taking of salmon detrimentally affects the Alaska fishing industry; the illegal taking of Alaska salmon is of primary concern because of the direct and immediate effect on the state; in addition, the illegal taking of Asian salmon is also of concern because depletion of those stocks will ultimately result in a shifting of high seas fishing efforts, both legal and illegal, to Alaska salmon;

(6) high seas interception of salmon occurs beyond the exclusive economic zone of the United States, or through incursion within the exclusive economic zone and the state's territorial sea, by vessels that are usually not registered in this state; moreover, these vessels are not based in Alaska and can thus avoid detection more easily than Alaska-based vessels; as a practical matter, it is extremely difficult to directly or indirectly regulate the vessels themselves; it is therefore necessary to prohibit activities within the state that give aid, comfort, and financial incentives to high seas interception of salmon.

(b) The purpose of AS 16.10.750  16.10.800 is to prevent resources, facilities, and expertise within the state from being available to promote or facilitate the high seas interception of salmon or the making of intercepted salmon ready for or accessible to world markets.
Alaska Stat. § 16.05.470 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.470
Fee for issuance of licenses.
Status: reserved

(a) A person appointed by the commissioner to sell licenses under AS 16.05.440  16.05.480, except salaried employees of the state, shall retain the sum of 10 percent of the fee for the issuance of a license. An agent shall transmit monthly to the commissioner all license fees collected by the agent, less the authorized commission, together with a full accounting of the fees. The commissioner shall make monthly remittances of the fees collected to the proper state official. The commissioner is not liable for defalcation or failure to account for the fees collected by an agent, but the commissioner shall require a bond in the sum the commissioner considers adequate, conditioned upon the faithful accounting of money collected.

(b) [Repealed, § 5 ch 21 SLA 1990.] (c) Forms and fees under (a) of this section shall be transmitted to the commissioner by the last day of the month following the month in which the fees are collected. The commissioner may grant an extension of not more than 30 days if the agent establishes that (1) failure to grant an extension would impose an excessive financial hardship on the agent;

(2) the fees collected by the agent for the period, including the amount that the agent is authorized to retain, totals less than $1,000; and

(3) the cumulative amount of fees due from the agent, including the fees due for the current period, does not exceed $1,000.

(d) The commissioner may assess a penalty against an agent who does not transmit fees within the time allowed under (c) of this section. The penalty is equal to one and one-half percent of the amount of fees due. The penalty may be assessed for each month or portion of a month that the fees are delinquent.
Alaska Stat. § 16.10.090 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.090
Penalty for violation of AS 16.10.070.
Status: in_force

A person who violates AS 16.10.070 is guilty of a misdemeanor and is punishable by imprisonment for not more than one year, or by a fine of not more than $5,000 or by both.
Alaska Stat. § 16.43.521 — AK Code / Title 16 / Chapter 16.43 / Section 16.43.521
General Bering Sea hair crab vessel permit provisions.
Status: in_force

Article 8. Point System for Commercial Fishing Violations in Salmon Fisheries.
Alaska Stat. § 16.05.315 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.315
Joint board meetings.
Status: in_force

The Board of Fisheries and the Board of Game may hold a joint meeting upon the call of the commissioner or a board to resolve any conflicts in regulations of the boards and to consider matters, as determined by the commissioner or a board, that require the consideration of both boards.
Alaska Stat. § 16.05.475 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.475
Registration of fishing vessels.
Status: in_force

(a) A person may not employ a fishing vessel in the water of this state unless it is registered under the laws of the state. Vessels registered under the laws of another state, and persons residing in another state, are not excused from this provision.

(b) The term employ, as used in this section, shall be defined by the Board of Fisheries through the adoption of regulations under AS 44.62 (Administrative Procedure Act). The definition may include any activities involving the use or navigation of fishing vessels.

(c) The term registered under the laws of the state, as used in this section, shall be defined by the Board of Fisheries through the adoption of regulations under AS 44.62 (Administrative Procedure Act). The definition may include any existing requirements regarding registration, licenses, permits, and similar matters imposed by law or regulation together with modifications of them and with any additional requirements the board finds necessary to maximize the authority of the state to apply and enforce fisheries regulations under 16 U.S.C. 1801-1882 (Magnuson-Stevens Fishery Conservation and Management Act of 1976 (P.L. 94-265, 90 Stat. 331)).

(d) In this section fishing vessel means any vessel, boat, ship, or other craft that is used for, equipped to be used for, or of a type which is normally used for (1) fishing, or

(2) aiding or assisting one or more vessels at sea in the performance of any activity relating to fishing, including, but not limited to, preparation, supply, storage, refrigeration, transportation, or processing.
Alaska Stat. § 16.05.404 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.404
Transferability of hunting permits awarded by drawing.
Status: in_force

(a) The department may transfer or reissue a hunting permit for a hunt that was originally awarded to a resident by drawing established by the Board of Game under AS 16.05.255 (a) to a qualified substitute, if the person to whom the hunting permit was originally awarded has died and the person's spouse, or if there is no spouse, an immediate family member of the decedent, (1) applies for the hunting permit to be transferred or reissued to a qualified substitute named in the application; and

(2) provides proof acceptable to the department of the person's death.

(b) To qualify as a substitute under this section, an individual must be a state resident.

(c) An application to transfer or reissue a hunting permit under this section may be made only before the end of the period during which the hunting permit is valid.

(d) A hunting permit may only be transferred or reissued under this section to a substitute who is qualified under the conditions that applied to the person to whom the hunting permit was originally awarded. A hunting permit may be transferred or reissued under this section only for the specific hunt for which the permit was originally awarded.

(e) In this section, immediate family member means a parent, sibling, or child related by blood, marriage, or adoption.
Alaska Stat. § 16.51.160 — AK Code / Title 16 / Chapter 16.51 / Section 16.51.160
Collection of assessments and disposition of proceeds.
Status: reserved

(a) Each processor shall remit to the Department of Revenue before April 1 of each year the total amount of the seafood marketing assessment owed on the value of seafood products produced in Alaska by the processor in the previous calendar year.

(b) [Repealed, § 28 ch 90 SLA 1991.]
Alaska Stat. § 16.20.010 — AK Code / Title 16 / Chapter 16.20 / Section 16.20.010
Legislative recognition; prohibition against ceding state authority.
Status: in_force

(a) The legislature recognizes that (1) the state has jurisdiction over all fish and game in the state except in those areas where it has assented to federal control;

(2) the state has not assented to federal control of fish and game in (A) those areas that were set apart as National Bird and Wildlife Refuges while the state was a United States territory; and

(B) Glacier Bay National Park and Preserve or the navigable waters within or adjoining the park and preserve;

(3) special recognition of the value to the state and the nation of areas of unspoiled habitat and the game characteristic to it will be demonstrated by designating as state game refuges those federal lands that were National Bird and Wildlife Refuges or Ranges at the time that Alaska achieved statehood.

(b) [Renumbered as AS 16.05.935 (a)]. (c) [Renumbered as AS 16.05.935 (b)].
Alaska Stat. § 16.10.267 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.267
Possession of permit and identification by seller.
Status: in_force

(a) When a fisherman sells fish, the fisherman shall possess (1) a landing permit, entry permit, or interim-use permit issued or transferred to the fisherman under AS 16.43 , or other document authorized by regulation to be used in place of an entry permit or interim-use permit; and

(2) an identification card that has been issued to the fisherman by a state or federal agency or other organization designated by the Department of Public Safety and that bears a photograph of the fisherman.

(b) If requested by the purchaser of the fish or by a peace officer, the fisherman or fish transporter shall present for inspection the identification card, entry permit, interim-use permit, fish transporter permit, or other document required to be in the fisherman's or the fish transporter's possession under (a) or (d) of this section.

(c) Examples of a suitable identification card required under (a)(2) and (d)(2) of this section are a motor vehicle operator's license issued under AS 28.15.111 , an identification card issued under AS 18.65.310 , and an identification card issued under AS 33.30.105 .

(d) When a fish transporter sells fish as the agent of the commercial fisherman who caught the fish, the fish transporter shall possess (1) a fish transporter permit and the fish ticket completed by the fish transporter under AS 16.05.671 (d); and

(2) an identification card that has been issued to the fish transporter by a state or federal agency or other organization designated by the Department of Public Safety and that bears a photograph of the fish transporter.

(e) A person who violates this section is, upon conviction, guilty of a class B misdemeanor and may be sentenced to a definite term of imprisonment of not more than 90 days. In addition (1) upon a first conviction for a violation of this section, the court may sentence the convicted person to pay a fine of not more than $5,000 and may order the loss of commercial fishing privileges for a period of not more than three years from the date of conviction;

(2) upon a second conviction for a violation of this section, the court may sentence the convicted person to pay a fine of not more than $10,000 and may order the loss of commercial fishing privileges for a period of not more than three years from the date of conviction;

(3) upon a third or subsequent conviction for a violation of this section, the court (A) may sentence the convicted person to pay a fine of not more than $10,000; and

(B) shall order that the convicted person lose commercial fishing privileges for a period of three years from the date of conviction.
Alaska Stat. § 16.10.333 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.333
Loans for purchase of Alaska limited entry permits.
Status: reserved

(a) Loans under AS 16.10.310 (a) may be made to an individual commercial fisherman for the purchase of a limited entry permit upon certification by the commission that the fisherman is a person who qualifies as a transferee for the permit under AS 16.43 and the regulations adopted by the commission.

(b) Upon approval by the commissioner, the permit to be purchased may be pledged as security for a loan under (a) of this section, if (1) the certificate for the pledged permit lists the commissioner as the legal owner of the permit;

(2) the certificate for the pledged permit lists the debtor as the equitable owner of the permit;

(3) all annual permit cards issued under the pledged permit list the name of the debtor;

(4) all obligations and responsibilities of a permit owner are assumed by the debtor;

(5) co-signers or other sureties for performance under the note are not vested with any rights in the pledged permit and their obligation is limited to satisfaction of the note and payment of costs directly incurred by the department in administering the loan.

(c) The commissioner is not liable for any act or omission resulting from permit ownership nor will that act or omission affect the commissioner's title to the permit or the commissioner's rights under it.

(d) Upon satisfaction of the note by the debtor, the commissioner shall certify to the commission that the note has been satisfied.

(e) Upon certification as provided in (d) of this section, the commission shall amend the permit certificate to list the debtor as the legal owner.

(f) [Repealed, § 34 ch 79 SLA 1985.]
Alaska Stat. § 16.10.801 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.801
Commercial charter fisheries revolving loan fund.
Status: in_force

(a) The commercial charter fisheries revolving loan fund is created in the Department of Commerce, Community, and Economic Development to carry out the purposes of AS 16.10.801  16.10.840.

(b) The commercial charter fisheries revolving loan fund consists of the following: (1) money appropriated to, transferred to, or received by gift, grant, devise, bequest, or donation to the fund;

(2) principal and interest payments or other income earned on loans or investments of the fund;

(3) money chargeable to principal or interest that is collected through liquidation by foreclosure or other process on loans made under AS 16.10.801  16.10.840.

(c) Money in the fund may be used by the legislature to make appropriations for costs of administering AS 16.10.801  16.10.840.
Alaska Stat. § 16.20.690 — AK Code / Title 16 / Chapter 16.20 / Section 16.20.690
Additional critical habitat areas.
Status: in_force

The commissioner shall submit a list of additional critical habitat areas to the legislature annually.
Alaska Stat. § 16.05.789 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.789
Prohibition on hunting adjacent to highway between Yukon River and Arctic Ocean.
Status: in_force

(a) Hunting with firearms is prohibited north of the Yukon River in the area within five miles on either side of the highway between the Yukon River and the Arctic Ocean.

(b) A person who violates this section is guilty of a class A misdemeanor.
Alaska Stat. § 16.20.510 — AK Code / Title 16 / Chapter 16.20 / Section 16.20.510
Regulations.
Status: in_force

The Board of Fisheries and the Board of Game, where appropriate, shall adopt regulations they consider advisable for conservation and protection purposes governing the taking of fish and game in state fish and game critical habitat areas.
Alaska Stat. § 16.05.055 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.055
On-board observer program.
Status: in_force

(a) The commissioner may enter into appropriate contracts and agreements with agencies, such as the National Marine Fisheries Service, the North Pacific Fishery Management Council, and the International Pacific Halibut Commission, designed to ensure that on-board observer programs conducted in the fisheries of the state are coordinated and consistent with each other for vessels operating in state and federal water.

(b) The master of a vessel, as a condition of participating in a fishery for which an on-board observer program is authorized by the Board of Fisheries under AS 16.05.251 , shall consent in writing to the placement of an observer aboard the vessel.
Alaska Stat. § 16.43.950 — AK Code / Title 16 / Chapter 16.43 / Section 16.43.950
Applications of regulations of Board of Fisheries.
Status: in_force

Nothing in this chapter limits the powers of the Board of Fisheries, including the power to determine legal types of gear and the power to establish size limitations or other uniform restrictions applying to a certain type of gear. Holders of interim-use permits or entry permits issued under this chapter are subject to all regulations adopted by the Board of Fisheries.
Alaska Stat. § 16.05.258 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.258
Subsistence use and allocation of fish and game.
Status: in_force

(a) Except in nonsubsistence areas, the Board of Fisheries and the Board of Game shall identify the fish stocks and game populations, or portions of stocks or populations, that are customarily and traditionally taken or used for subsistence. The commissioner shall provide recommendations to the boards concerning the stock and population identifications. The boards shall make identifications required under this subsection after receipt of the commissioner's recommendations.

(b) The appropriate board shall determine whether a portion of a fish stock or game population identified under (a) of this section can be harvested consistent with sustained yield. If a portion of a stock or population can be harvested consistent with sustained yield, the board shall determine the amount of the harvestable portion that is reasonably necessary for subsistence uses and (1) if the harvestable portion of the stock or population is sufficient to provide for all consumptive uses, the appropriate board (A) shall adopt regulations that provide a reasonable opportunity for subsistence uses of those stocks or populations;

(B) shall adopt regulations that provide for other uses of those stocks or populations, subject to preferences among beneficial uses; and

(C) may adopt regulations to differentiate among uses;

(2) if the harvestable portion of the stock or population is sufficient to provide for subsistence uses and some, but not all, other consumptive uses, the appropriate board (A) shall adopt regulations that provide a reasonable opportunity for subsistence uses of those stocks or populations;

(B) may adopt regulations that provide for other consumptive uses of those stocks or populations; and

(C) shall adopt regulations to differentiate among consumptive uses that provide for a preference for the subsistence uses, if regulations are adopted under (B) of this paragraph;

(3) if the harvestable portion of the stock or population is sufficient to provide for subsistence uses, but no other consumptive uses, the appropriate board shall (A) determine the portion of the stocks or populations that can be harvested consistent with sustained yield; and

(B) adopt regulations that eliminate other consumptive uses in order to provide a reasonable opportunity for subsistence uses; and

(4) if the harvestable portion of the stock or population is not sufficient to provide a reasonable opportunity for subsistence uses, the appropriate board shall (A) adopt regulations eliminating consumptive uses, other than subsistence uses;

(B) distinguish among subsistence users, through limitations based on (i) the customary and direct dependence on the fish stock or game population by the subsistence user for human consumption as a mainstay of livelihood;

(ii) the proximity of the domicile of the subsistence user to the stock or population; and

(iii) the ability of the subsistence user to obtain food if subsistence use is restricted or eliminated.

(c) The boards may not permit subsistence hunting or fishing in a nonsubsistence area. The boards, acting jointly, shall identify by regulation the boundaries of nonsubsistence areas. A nonsubsistence area is an area or community where dependence upon subsistence is not a principal characteristic of the economy, culture, and way of life of the area or community. In determining whether dependence upon subsistence is a principal characteristic of the economy, culture, and way of life of an area or community under this subsection, the boards shall jointly consider the relative importance of subsistence in the context of the totality of the following socio-economic characteristics of the area or community: (1) the social and economic structure;

(2) the stability of the economy;

(3) the extent and the kinds of employment for wages, including full-time, part-time, temporary, and seasonal employment;

(4) the amount and distribution of cash income among those domiciled in the area or community;

(5) the cost and availability of goods and services to those domiciled in the area or community;

(6) the variety of fish and game species used by those domiciled in the area or community;

(7) the seasonal cycle of economic activity;

(8) the percentage of those domiciled in the area or community participating in hunting and fishing activities or using wild fish and game;

(9) the harvest levels of fish and game by those domiciled in the area or community;

(10) the cultural, social, and economic values associated with the taking and use of fish and game;

(11) the geographic locations where those domiciled in the area or community hunt and fish;

(12) the extent of sharing and exchange of fish and game by those domiciled in the area or community;

(13) additional similar factors the boards establish by regulation to be relevant to their determinations under this subsection.

(d) Fish stocks and game populations, or portions of fish stocks and game populations not identified under (a) of this section may be taken only under nonsubsistence regulations.

(e) Takings and uses of fish and game authorized under this section are subject to regulations regarding open and closed areas, seasons, methods and means, marking and identification requirements, quotas, bag limits, harvest levels, and sex, age, and size limitations. Takings and uses of resources authorized under this section are subject to AS 16.05.831 and AS 16.30 .

(f) For purposes of this section, reasonable opportunity means an opportunity, as determined by the appropriate board, that allows a subsistence user to participate in a subsistence hunt or fishery that provides a normally diligent participant with a reasonable expectation of success of taking of fish or game.
Alaska Stat. § 16.05.330 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.330
Licenses, tags, and subsistence permits; electronic devices.
Status: reserved

(a) Except as otherwise permitted in this chapter, without having the appropriate license, tag, or permit in actual possession, a person may not engage in (1) sport fishing, including the taking of razor clams;

(2) hunting or trapping;

(3) the farming of fish, fur, or game;

(4) taxidermy or fur dealing; or

(5) control of nuisance wild birds and nuisance wild small mammals for compensation.

(b) When obtaining the appropriate license or tag in (a) of this section, an applicant who asserts residency in the state shall provide the license vendor with the proof of residence that the department requires by regulation.

(c) The Board of Fisheries and the Board of Game may adopt regulations providing for the issuance and expiration of subsistence permits for areas, villages, communities, groups, or individuals as needed for authorizing, regulating, and monitoring the subsistence harvest of fish and game. The boards shall adopt these regulations when the subsistence preference requires a reduction in the harvest of a fish stock or game population by nonsubsistence users.

(d) A person may not receive a sport fishing, hunting, or trapping license or other permit or tag issued under AS 16.05.330  16.05.430, if the person's right to obtain, or exercise the privileges granted by, a sport fishing, hunting, or trapping license is suspended or revoked in another state. A person who applies for a sport fishing, hunting, or trapping license or other permit or tag issued under AS 16.05.330  16.05.430 shall sign a statement that the person's right to obtain, or exercise the privileges granted by, a sport fishing, hunting, or trapping license is not suspended or revoked in another state.

(e) [Repealed, § 2 ch 39 SLA 2001.] (f) A person charged with violating (a)(1) or (2) of this section for failure to have a license in actual possession may not be convicted if the person provides, not later than 30 days after the issuance of the citation, evidence satisfactory to the arresting or citing agency of a license previously issued to the person that was valid at the time of the offense.

(g) A license in actual possession may be in paper or electronic form.

(h) A peace officer presented with an electronic device under (g) of this section is immune from any liability resulting from damage to the device, except that a peace officer may be liable for civil damages that are the result of the peace officer's intentional misconduct.

(i) Displaying proof of a license on an electronic device under (g) of this section does not constitute consent for a peace officer to access other contents of the electronic device.
Alaska Stat. § 16.10.510 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.510
Powers and duties of the commissioner.
Status: in_force

The commissioner may (1) make loans to permit holders, under AS 16.10.400  16.10.470, including those holders issued permits before June 24, 1977, for the planning, construction, and operation of hatchery facilities;

(2) make loans to qualified regional associations that have formed a nonprofit corporation or a local nonprofit corporation approved by a qualified regional association, for preconstruction activities necessary to obtain a permit;

(3) designate agents and delegate powers to them as necessary;

(4) adopt regulations necessary to carry out the provisions of AS 16.10.500  16.10.560, including regulations to establish reasonable fees for services provided;

(5) establish amortization plans for repayment of loans, not to exceed 30 years unless the commissioner has extended the term of the loan beyond 30 years under (11) of this section;

(6) establish the rate of interest for loans not to exceed nine and one-half percent a year;

(7) establish regional and local offices and advisory groups to carry out, or assist in carrying out, the duties and authority of the commissioner;

(8) make grants for organizational and planning purposes to qualified regional associations that have formed a nonprofit corporation, in amounts not exceeding $100,000 per region and up to an additional $100,000 on a 50/50 cash matching basis with the regional associations that have an authorized royalty assessment under AS 16.10.540 ; the state portion of the matching share shall be available when a final vote for assessments is made under AS 16.10.540 ; this provision also applies to qualified regional associations that have formed a nonprofit corporation before June 24, 1977;

(9) make loans to qualified regional associations that have formed a nonprofit corporation or to local nonprofit corporations approved by qualified regional associations for planning and implementation of fisheries enhancement and rehabilitation activities including, but not limited to, lake fertilization and habitat improvement;

(10) refinance a debt obligation incurred by a borrower under this section if the borrower otherwise qualifies for a loan under AS 16.10.500  16.10.560; the interest rate for a loan to refinance a debt obligation incurred under this section may not exceed the interest rate that is in effect for new loans under this section at the time that the loan commitment for the refinancing loan is made; a loan made under this paragraph is not subject to AS 16.10.525 ;

(11) extend the term of a loan made under this section if the commissioner finds that extension of the term of the loan would alleviate an undue financial hardship on the borrower; the commissioner shall submit annually a report to the legislature summarizing the commissioner's decisions during the prior calendar year to approve or deny requests to extend loans under this paragraph and the reasons for the decisions;

(12) charge and collect the fees established under this section.
Alaska Stat. § 16.20.560 — AK Code / Title 16 / Chapter 16.20 / Section 16.20.560
Cinder River Critical Habitat Area established.
Status: in_force

The following described area is established as the Cinder River Critical Habitat Area: (1) Township 32 South, Range 54 West, Seward Meridian Section 29

Sections 31  32;

(2) Township 33 South, Range 55 West, Seward Meridian Sections 1  4

Sections 7  13

Sections 14  17 (not tide or submerged land)

Section 18;

(3) Township 33 South, Range 56 West, Seward Meridian Sections 13  14

Sections 22  23

Sections 24  26 (not tide or submerged land)

Sections 27  29

Sections 31  32

Sections 33  36 (not tide or submerged land);

(4) Township 34 South, Range 56 West, Seward Meridian Sections 5  7

Section 4 N 1/2;

(5) Township 34 South, Range 57 West, Seward Meridian Section 1

Section 12.
Alaska Stat. § 16.10.130 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.130
Penalty for violation of AS 16.10.120 or 16.10.125.
Status: in_force

A person who violates AS 16.10.120 or 16.10.125 is guilty of a misdemeanor, and upon conviction is punishable by imprisonment for not more than six months, or by a fine of not more than $1,000, or by both.
Alaska Stat. § 16.43.440 — AK Code / Title 16 / Chapter 16.43 / Section 16.43.440
Adoption of regulations.
Status: in_force

(a) Use privileges granted under AS 16.43.400  16.43.440 are subject to the regulations of the Board of Fisheries.

(b) The commission, after consultation with the Department of Fish and Game, shall adopt regulations that are reasonably necessary to implement AS 16.43.400  16.43.440.

Article 7. Vessel Permit System for Bering Sea Hair Crab Fishery.
Alaska Stat. § 16.10.760 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.760
Trafficking in intercepted salmon.
Status: in_force

(a) A person commits the offense of trafficking in intercepted salmon if the person (1) buys, sells, trades, processes, or possesses salmon, or attempts to buy, sell, trade, process, or possess salmon, with reckless disregard that the salmon has been, or will be, obtained by high seas interception;

(2) knowingly provides financing, premises, equipment, supplies, services, power, or fuel used to buy, sell, trade, process, or possess salmon that has been, or will be, obtained by high seas interception; or

(3) acts as a broker or middleman, or otherwise acts on behalf of another party, to arrange for or negotiate, or attempts to arrange for or negotiate, the purchase, sale, trade, processing, or possession of salmon, with reckless disregard that the salmon has been, or will be, obtained by high seas interception.

(b) Trafficking in intercepted salmon is a class C felony.
Alaska Stat. § 16.40.150 — AK Code / Title 16 / Chapter 16.40 / Section 16.40.150
Disease control and inspection.
Status: in_force

(a) The department shall order the quarantine or the destruction and disposal of diseased hatchery stock or of aquatic farm products when necessary to protect wild stock. A holder of a permit issued under AS 16.40.100 shall report to the department an outbreak or incidence of disease among stock or aquatic farm products of the permit holder within 48 hours after discovering the outbreak or incidence.

(b) A holder of a permit issued under AS 16.40.100 shall allow the department to inspect the permit holder's farm or hatchery during operating hours and upon reasonable notice. The cost of inspection shall be borne by the department.

(c) The department shall develop a disease management and control program for aquatic farms and hatcheries.

(d) The department may enter into an agreement with a state or federal agency or a private, state-certified provider to provide services under (b) and (c) of this section, or inspections under AS 16.40.110 (b).
Alaska Stat. § 16.10.910 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.910
Eligibility.
Status: in_force

(a) For an applicant to be eligible for a loan under AS 16.10.890  16.10.945, the applicant shall be (1) a resident of the state who has (A) a permitted mariculture farm location in this state; and

(B) experience or training in the mariculture industry; or

(2) a resident of the state or entity organized under the laws of this state that (A) holds a permit under AS 16.40.100 to operate a hatchery for the purpose of producing aquatic plants or shellfish; or

(B) conducts shellfish enhancement projects.

(b) In addition to the requirements set out in (a) of this section, the applicant (1) may not be eligible for financing from other recognized commercial lending institutions; or

(2) shall be able to obtain only a portion of the total loan request from a recognized commercial lending institution.

(c) To meet the residency requirements of (a) of this section, an individual applicant (1) shall physically reside in this state and maintain a domicile in this state during the 24 consecutive months preceding the date of application for the program; and

(2) may not have (A) declared or established residency in another state; or

(B) received residency or a benefit based on residency from another state.
Alaska Stat. § 16.05.925 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.925
Penalty for violations.
Status: in_force

(a) Except as provided in AS 16.05.430 , 16.05.665, 16.05.722, 16.05.723, 16.05.783, 16.05.831, 16.05.861, and 16.05.905, a person who violates AS 16.05.920 or 16.05.921, or a regulation adopted under this chapter or AS 16.20 , is guilty of a class A misdemeanor.

(b) In addition to a penalty imposed under (a) of this section or any other penalty for violation of this title or a regulation adopted under this title, a person who is convicted of unlawfully taking an animal listed in this subsection may be ordered by the court to pay restitution to the state in the amount set out in this subsection for each animal unlawfully taken: (1) Bear, black ..... $ 600

(2) Bear, brown or grizzly ..... 1,300

(3) Bison ..... 1,300

(4) Caribou ..... 850

(5) Deer ..... 400

(6) Elk ..... 800

(7) Goat ..... 800

(8) Moose ..... 1,000

(9) Musk oxen ..... 3,000

(10) Sheep ..... 1,100

(11) Wolf ..... 500

(12) Wolverine ..... 500.
Alaska Stat. § 16.43.400 — AK Code / Title 16 / Chapter 16.43 / Section 16.43.400
Special harvest area entry permits.
Status: in_force

(a) In addition to entry permits, interim-use permits, and educational permits, the commission may issue special harvest area entry permits to (1) holders of private, nonprofit hatchery permits issued by the Department of Fish and Game under AS 16.10.400  16.10.475 for salmon; and

(2) nonprofit organizations holding a permit under AS 16.12 for a shellfish enhancement project.

(b) The commission may issue special harvest area entry permits notwithstanding the establishment of maximum or optimum numbers under AS 16.43.240 and 16.43.290.
Alaska Stat. § 16.43.880 — AK Code / Title 16 / Chapter 16.43 / Section 16.43.880
Required notice to commission.
Status: in_force

(a) A court that convicts a person of a violation of commercial fishing laws under this title or under a regulation adopted under this title in a salmon fishery shall forward a record of the conviction to the commission on a weekly basis.

(b) A conviction on a plea of nolo contendere accepted by the court or a forfeiture of bail or collateral deposited to secure a defendant's appearance in court that has not been vacated, or as a result of trial, is a conviction for purposes of AS 16.43.850  16.43.895.
Alaska Stat. § 16.05.460 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.460
Commissioner may appoint agents.
Status: in_force

The commissioner may appoint qualified persons as agents to receive applications, issue licenses, and collect license fees under AS 16.05.440  16.05.480.
Alaska Stat. § 16.05.950 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.950
Short title of the chapter.
Status: in_force

This chapter may be cited as the Fish and Game Code.
Alaska Stat. § 16.20.550 — AK Code / Title 16 / Chapter 16.20 / Section 16.20.550
Port Moller Critical Habitat Area established.
Status: in_force

The following described area is established as the Port Moller Critical Habitat Area: (1) Township 50 South, Range 71 West, Seward Meridian Sections 7  8

Section 14 (not tide or submerged land)

Sections 15  17

Sections 21  23

Section 32;

(2) Township 51 South, Range 71 West, Seward Meridian Section 3 (not tide or submerged land)

Sections 4  5

Section 7

Sections 9  10

Sections 15  17;

(3) Township 49 South, Range 73 West, Seward Meridian Sections 10  11

Section 12 (not tide or submerged land)

Sections 13  16

Section 21

Section 24

Section 28;

(4) Township 51 South, Range 72 West, Seward Meridian Sections 5  8

Sections 11  12;

(5) Township 50 South, Range 72 West, Seward Meridian Sections 18  19

Sections 30  32;

(6) Township 50 South, Range 73 West, Seward Meridian Sections 7  13

Sections 14  17 (not tide or submerged land)

Section 18;

(7) Township 50 South, Range 74 West, Seward Meridian Sections 5  7

Section 8 (not tide or submerged land)

Sections 9  13

Sections 14  16 (not tide or submerged land)

Sections 17  18

Section 20;

(8) Township 50 South, Range 75 West, Seward Meridian Section 1

Sections 6  7

Section 12;

(9) Township 49 South, Range 75 West, Seward Meridian Section 3

Sections 4  6 (not tide or submerged land)

Sections 7  11

Sections 14  16

Sections 21  32;

(10) Township 48 South, Range 75 West, Seward Meridian Sections 15  18

Section 22

Sections 29  30

Section 31 (not tide or submerged land)

Section 32;

(11) Township 48 South, Range 76 West, Seward Meridian Sections 13  17

Sections 19  23

Sections 25  27

Sections 29  30

Sections 34  35

Section 36 (not tide or submerged land);

(12) Township 50 South, Range 76 West, Seward Meridian Section 1

Section 3

Section 4 (not tide or submerged land)

Section 9 (not tide or submerged land)

Sections 10  13

Sections 14  16 (not tide or submerged land)

Sections 21  23 (not tide or submerged land)

Sections 24  25

Sections 26  28 (not tide or submerged land);

(13) Township 49 South, Range 76 West, Seward Meridian Sections 1  4

Sections 7  9

Sections 10  11 (not tide or submerged land)

Sections 12  14

Sections 15  16 (not tide or submerged land)

Sections 17  18

Section 21 (not tide or submerged land)

Section 22

Sections 28  29

Sections 33  34;

(14) Township 49 South, Range 77 West, Seward Meridian Sections 1  2

Sections 4  5

Sections 7  12

Sections 13  18 (not tide or submerged land);

(15) Township 48 South, Range 77 West, Seward Meridian Sections 20  23

Sections 26  28;

(16) Township 48 South, Range 78 West, Seward Meridian Sections 26  27

Sections 31  34;

(17) Township 49 South, Range 78 West, Seward Meridian Sections 2  5

Sections 8  12

Sections 13  16 (not tide or submerged land)

Section 17.
Alaska Stat. § 16.20.555 — AK Code / Title 16 / Chapter 16.20 / Section 16.20.555
Port Heiden Critical Habitat Area established.
Status: in_force

The following described area is established as the Port Heiden Critical Habitat Area: (1) Township 38 South, Range 59 West, Seward Meridian Sections 13  15 (not tide or submerged land)

Section 16

Section 21

Sections 22  27 (not tide or submerged land)

Section 28

Sections 33  34

Sections 35  36 (not tide or submerged land);

(2) Township 38 South, Range 60 West, Seward Meridian Sections 17  19;

(3) Township 38 South, Range 61 West, Seward Meridian Sections 24  26

Section 34;

(4) Township 39 South, Range 59 West, Seward Meridian Sections 1  2 (not tide or submerged land)

Section 3

Sections 10  14 (not tide or submerged land)

Section 15

Sections 19  22

Sections 26  29

Sections 30  33 (not tide or submerged land)

Sections 34  36;

(5) Township 39 South, Range 60 West, Seward Meridian Sections 18  24

Section 25 (not tide or submerged land)

Sections 26  27

Sections 28  36 (not tide or submerged land);

(6) Township 39 South, Range 61 West, Seward Meridian Sections 2  4

Sections 8  9

Section 10 (not tide or submerged land)

Sections 11  13

Sections 14  15 (not tide or submerged land)

Sections 16  18

Sections 19  20 (not tide or submerged land)

Section 21

Sections 22  36 (not tide or submerged land);

(7) Township 39 South, Range 62 West, Seward Meridian Section 13

Sections 23  28

Sections 32  34

Sections 35  36 (not tide or submerged land).
Alaska Stat. § 16.43.260 — AK Code / Title 16 / Chapter 16.43 / Section 16.43.260
Application for initial issue of entry permits.
Status: in_force

(a) The commission shall accept applications for entry permits only from applicants who have harvested fishery resources commercially while participating in the fishery as holders of gear licenses issued under former AS 16.05.536  16.05.670 or interim-use permits under AS 16.43.210 (a) or 16.43.225 before the qualification date established in (d), (e), or (f) of this section. The commission may specify by regulation the calendar years of participation that will be considered for eligibility purposes.

(b) The commission shall establish the opening and closing dates, places and form of application for entry permits for each fishery. The commission may require the submission of specific verified evidence establishing the applicant's qualifications under the regulations adopted under AS 16.43.250 .

(c) When an applicant is unable to establish qualifications for an entry permit by submitting the specific verified evidence required in the application by the commission, the applicant may request and obtain an administrative adjudication of the application according to the procedures established in AS 16.43.110 (b). At the hearing the applicant may present alternative evidence of qualifications for an entry permit.

(d) Except as provided in (e) or (f) of this section, an applicant shall be assigned to a priority classification based solely upon the applicant's qualifications as of January 1, 1973.

(e) Except as provided in (f) of this section, when the commission establishes the maximum number of entry permits for a particular fishery under AS 16.43.240 after January 1, 1975, an applicant shall be assigned to a priority classification based solely upon the applicant's qualifications as of January 1 of the year during which the commission establishes the maximum number of entry permits for the fishery for which application is made.

(f) When the commission establishes the maximum number of entry permits under AS 16.43.240 for a fishery that is subject to a moratorium under AS 16.43.225 , an applicant for an entry permit for the fishery shall be assigned to a priority classification based solely upon the applicant's qualifications as of the effective date of the statute or regulation establishing the moratorium.
Alaska Stat. § 16.10.540 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.540
Voluntary assessment on sale of salmon.
Status: reserved

(a) An association of persons who hold entry permits under AS 16.43 , that consists of at least 51 percent of the persons holding entry permits and actively participating in a fishery to be benefited by a hatchery program, may levy and collect an assessment from among its members for the purpose of securing and repaying a loan made under AS 16.10.510 .

(b) Upon satisfactory demonstration to the commissioner that an assessment levied under this section may reasonably be relied upon to secure and repay a loan to be made under AS 16.10.510 , the commissioner may make the loan.

(c) [Repealed, § 33 ch 14 SLA 1987.]
Alaska Stat. § 16.20.360 — AK Code / Title 16 / Chapter 16.20 / Section 16.20.360
Matanuska Valley Moose Range established.
Status: reserved

The state-owned land and water, vacant and unappropriated, and all that acquired in the future by the state, lying within the boundary described in this section, are designated as the Matanuska Valley Moose Range, and are reserved from all uses incompatible with their primary purposes as public use land. The land described herein is to be managed by the Department of Natural Resources. (1) Township 18 North, Range 1 East, Seward Meridian Section 1;

(2) Township 18 North, Range 2 East, Seward Meridian Sections 4  6;

(3) Township 19 North, Range 1 East, Seward Meridian Section 13

Sections 24  25

Section 36;

(4) Township 19 North, Range 2 East, Seward Meridian Section 1

Section 2, E 1/2

Section 10, S 1/2

Sections 11  34

Section 35, N 1/2;

(5) Township 19 North, Range 3 East, Seward Meridian Sections 1  32, that portion lying north of the Glenn Highway right-of-way;

(6) Township 19 North, Range 4 East, Seward Meridian Section 1, N 1/2, SW 1/4

Sections 2  10

Section 11, N 1/2 NE 1/4, SW 1/4 NE 1/4, NW 1/4, NW 1/4 SW 1/4

Section 15, W 1/2 NW 1/4, NE 1/4 NW 1/4

Section 16, E 1/2 NE 1/4, N 1/2 S 1/2 that portion north and east of the Glenn Highway right-of-way;

(7) Township 19 North, Range 5 East, Seward Meridian Section 6, NW 1/4, N 1/2 NE 1/4;

(8) Township 20 North, Range 2 East, Seward Meridian Section 1

Sections 12  13

Sections 24  25

Section 36;

(9) Township 20 North, Range 3 East, Seward Meridian Section 5, W 1/2

Sections 6  7

Sections 11  13

Sections 18  19

Sections 24  25

Section 30, N 1/2

Sections 31  33, S 1/2

Sections 34  36;

(10) Township 20 North, Range 4 East, Seward Meridian Section 5, W 1/2

Section 6

Section 7, N 1/2

Sections 12  13

Sections 21  36;

(11) Township 20 North, Range 5 East, Seward Meridian Section 5

Section 6, E 1/2

Sections 7  8

Section 12, S 1/2

Sections 13  32

Section 33, SW 1/4 NE 1/4, N 1/2 NE 1/4, SW 1/4 SW 1/4, N 1/2 SW 1/4, NW 1/4

Section 34, N 1/2 N 1/2;

(12) Township 20 North, Range 6 East, Seward Meridian Sections 1  12

Section 14, N 1/2

Sections 15  21

Section 22, NW 1/4, N 1/2 NE 1/4

Section 29, W 1/2, those portions lying north of the right-of-way for the Glenn Highway

Section 30, those portions lying north of the right-of-way for the Glenn Highway;

(13) Township 20 North, Range 7 East, Seward Meridian Section 6;

(14) Township 21 North, Range 2 East, Seward Meridian Section 25

Section 36;

(15) Township 21 North, Range 3 East, Seward Meridian Section 25

Section 29, W 1/2

Sections 30  31

Section 32, W 1/2

Section 36, N 1/2;

(16) Township 21 North, Range 4 East, Seward Meridian Section 12, W 1/2

Section 13

Section 20

Section 21, S 1/2

Section 24, E 1/2

Section 28

Section 29, E 1/2

Section 30, S 1/2

Sections 31  32;

(17) Township 21 North, Range 5 East, Seward Meridian Section 3

Section 9

Section 10, W 1/2

Sections 16  17

Sections 19  20

Section 21, N 1/2

Section 29, W 1/2

Sections 30  31

Section 32, W 1/2;

(18) Township 21 North, Range 6 East, Seward Meridian Section 2

Section 3, E 1/2

Section 10

Section 11, W 1/2

Section 14, W 1/2

Section 15

Sections 21  22

Section 23, W 1/2

Sections 28  29

Sections 31  36;

(19) Township 21 North, Range 7 East, Seward Meridian Sections 27  28

Sections 31  32

Section 33, N 1/2

Section 34, N 1/2;

(20) Township 22 North, Range 6 East, Seward Meridian Section 23

Section 26

Section 35.

Article 5. Fish and Game Critical Habitat Areas.
Alaska Stat. § 16.10.250 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.250
Penalty.
Status: in_force

A person, association, or corporation violating AS 16.10.240 or contributing to or cooperating in the violation of AS 16.10.240 is guilty of a misdemeanor, and upon conviction is punishable by a fine of not more than $5,000, or by imprisonment for not more than one year, or by both. Each unlawful removal of live crab is a separate offense. Vessels and equipment used in or in aid of a violation of AS 16.10.240 may be seized and disposed of as provided in AS 16.05.190 . Conviction under AS 16.10.240 is grounds for suspension of a fishing license or permit by the department.
Alaska Stat. § 16.05.835 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.835
Maximum length of salmon seine and certain hair crab vessels.
Status: in_force

(a) Unless the Board of Fisheries has provided by regulation for the use of a longer vessel in a salmon seine fishery, a salmon seine vessel may not be longer than 58 feet overall length except vessels that have fished for salmon with seines in waters of the state before January 1, 1962, as 50-foot, official Coast Guard register length vessels.

(b) A vessel engaged in the Bering Sea hair crab fishery within five miles of the shore may not be longer than 58 feet overall length.

(c) In this section, overall length means the straight line length between the extremities of the vessel excluding anchor rollers.
Alaska Stat. § 16.20.075 — AK Code / Title 16 / Chapter 16.20 / Section 16.20.075
Regulations.
Status: in_force

The board shall, under AS 16.05 , adopt regulations governing the taking of game on state game refuges it considers advisable for conservation and protection purposes.
Alaska Stat. § 16.43.975 — AK Code / Title 16 / Chapter 16.43 / Section 16.43.975
Public disclosure of certain documents prohibited.
Status: in_force

Documents submitted to the commission containing information relating to an individual's personal finances and information supplied by individuals for research purposes, produced in response to requests by the commission, are not subject to public disclosure.
Alaska Stat. § 16.10.570 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.570
Chitina dip net fishery.
Status: in_force

The department, with the cooperation of the Department of Transportation and Public Facilities and the Department of Natural Resources, shall (1) maintain and improve state-owned land used to access the Chitina dip net fishery;

(2) maintain and operate sanitary facilities provided for the use of persons participating in the Chitina dip net fishery; and

(3) prepare a publication showing public access routes to fishing sites on public land for the Chitina dip net fishery; the department shall distribute the publication to persons who obtain a Chitina dip net fishing permit and to the public.
Alaska Stat. § 16.51.050 — AK Code / Title 16 / Chapter 16.51 / Section 16.51.050
Quorum.
Status: in_force

Four members of the board appointed under AS 16.51.020 constitute a quorum for the transaction of business and the exercise of the powers and duties of the board.
Alaska Stat. § 16.05.280 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.280
Removal of board members.
Status: in_force

The governor may only remove a board member for inefficiency, neglect of duty, or misconduct in office, or because the member while serving on the board is convicted of a misdemeanor for violating a statute or regulation related to fish or game or of a felony, and shall do so by delivering to the member a written copy of the charges and giving the member an opportunity to be heard in person or through counsel at a public hearing before the governor or a designee upon at least 10 days' notice by registered mail. The member may confront and cross-examine adverse witnesses. Upon removal, the governor or a designee shall file in the proper state office the findings and a complete statement of all charges made against the member.
Alaska Stat. § 16.43.351 — AK Code / Title 16 / Chapter 16.43 / Section 16.43.351
Term and conditions of educational entry permit.
Status: in_force

(a) Educational entry permits may be applied for on an annual basis and shall be issued for a term of one year. The permits are nontransferable.

(b) A recipient may be issued an educational entry permit valid for designated fisheries in the administrative area the commission determines to be appropriate, considering the nature of the educational program and the location of the educational or vocational institution. The recipient of an educational entry permit may not be issued an educational entry permit in more than one administrative area except as issued by the commission in its discretion upon good cause shown.

(c) An educational entry permit issued under AS 16.43.340 may be used by any agent or employee authorized by the recipient of the educational entry permit.

(d) Annual fees for educational entry permits shall be as specified by commission regulation under the authority of AS 16.43.160 .
Alaska Stat. § 16.05.785 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.785
Effect of failure to remove old markers.
Status: in_force

If the Board of Fisheries by regulation uses department markers to establish waters closed to commercial fishing and the state fails to remove the old markers when new markers are posted to establish waters closed to commercial fishing, commercial fishing is expressly permitted in the waters between the new markers and the old markers until the old markers are removed.
Alaska Stat. § 16.10.440 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.440
Regulations relating to released fish.
Status: in_force

(a) Fish released into the natural waters of the state by a hatchery operated under AS 16.10.400  16.10.470 are available to the people for common use and are subject to regulation under applicable law in the same way as fish occurring in their natural state until they return to the specific location designated by the department for harvest by the hatchery operator.

(b) The Board of Fisheries may, after the issuance of a permit by the commissioner, amend by regulation adopted in accordance with AS 44.62 (Administrative Procedure Act), the terms of the permit relating to the source and number of salmon eggs, the harvest of fish by hatchery operators, and the specific locations designated by the department for harvest. The Board of Fisheries may not adopt any regulations or take any action regarding the issuance or denial of any permits required in AS 16.10.400  16.10.470.
Alaska Stat. § 16.10.920 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.920
Repayment of principal of and interest on loans.
Status: in_force

The department may not require the repayment of the principal of and interest on a loan made under AS 16.10.910 during the first six years of the loan. However, for a loan made under AS 16.10.910 (a)(2), the department may defer repayment of the principal of and interest on the loan for an additional period not to exceed the first 11 years of the loan. The department may provide that interest on the principal of a loan made under AS 16.10.910 (a)(1) does not accrue during a period not to exceed the first six years of the loan. For a loan made under AS 16.10.910 (a)(2), the department shall provide that interest on the principal of the loan does not accrue during the first six years of the loan, and the department may provide that interest on the principal of the loan does not accrue during an additional period not to exceed the first 11 years of the loan.
Alaska Stat. § 16.10.470 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.470
Annual report.
Status: in_force

(a) A person who holds a permit for the operation of a salmon hatchery under AS 16.10.400  16.10.470 shall submit an annual report no later than December 15 to the department and to the qualified regional association for the area in which the hatchery is located, to include but not be limited to information pertaining to species; brood stock source; number, age, weight, and length of spawners; number of eggs taken and fry fingerling produced; and the number, age, weight, and length of adult returns attributable to hatchery releases, on a form to be provided by the department.

(b) A person who holds a permit for the operation of a salmon hatchery under AS 16.10.400  16.10.470 and each regional association levying a voluntary assessment under AS 16.10.540 shall submit an annual financial report to the Department of Commerce, Community, and Economic Development on a form to be provided by the Department of Commerce, Community, and Economic Development.
Alaska Stat. § 16.43.050 — AK Code / Title 16 / Chapter 16.43 / Section 16.43.050
Qualifications.
Status: in_force

The commission shall consist of two members with a broad range of professional experience, neither of whom has a vested economic interest in an interim-use permit, entry permit, commercial fishing vessel or gear, or in any fishery resource processing or marketing business.
Alaska Stat. § 16.05.797 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.797
Computer-assisted remote hunting prohibited.
Status: in_force

(a) A person may not engage in computer-assisted remote hunting or provide or operate a facility for computer-assisted remote hunting in the state. This subsection applies to any person engaged in computer-assisted remote hunting if the game or any device, equipment, or software used for computer-assisted remote hunting is located in the state.

(b) This section does not apply to a person with physical disabilities using equipment or devices designed to assist with the disability while present in the field and meaningfully participating in the act of hunting under regulations adopted by the Board of Game.

(c) In this section, (1) computer-assisted remote hunting means the use of a computer or any other device, equipment, or software to remotely control the aiming and discharge of a firearm, bow and arrow, or any other weapon used to hunt any game bird, game animal, or fur-bearing animal while not in the physical presence of the animal;

(2) facility means real property and improvements on the real property associated with computer-assisted remote hunting.

(d) A person who violates (a) of this section is, upon conviction, guilty of a class A misdemeanor. If a violation is continuing in nature, each day the violation continues constitutes a separate offense.
Alaska Stat. § 16.43.330 — AK Code / Title 16 / Chapter 16.43 / Section 16.43.330
Issuance of new entry permits; appropriations related to fleet reduction.
Status: in_force

(a) When the number of outstanding entry permits for a fishery is less than the optimum number established under AS 16.43.290 , the commission shall issue new entry permits to applicants who are presently able to engage actively in the fishery until the optimum number is reached.

(b) The commission shall determine equitable methods of issuance, as appropriate, under (a) of this section that assure the receipt of fair market value for the permits issued.

(c) If a salmon fishery association qualified under AS 16.40.250 takes part in a fleet reduction program by expending money or incurring debt to contract with permit holders to relinquish the holders' entry permits under AS 16.43.150 (i), and if this section requires additional permits to be issued for the same fishery in which the fleet reduction program was implemented, the legislature may appropriate any resulting revenue to the association for reimbursement of money expended or to retire any outstanding debt incurred for fleet reduction purposes. An appropriation under this subsection must be made within 30 years after the date the money was expended or debt incurred.
Alaska Stat. § 16.40.145 — AK Code / Title 16 / Chapter 16.40 / Section 16.40.145
Geoduck seed transfer between a certified hatchery and an aquatic farm.
Status: in_force

Consistent with AS 16.40.140 (b)  (d), a hatchery certified under AS 16.40.100 may transfer geoduck seed to an aquatic farm located in a fisheries management area established under this title that is contiguous to an island in the Aleutian Chain or to the Gulf of Alaska.
Alaska Stat. § 16.43.120 — AK Code / Title 16 / Chapter 16.43 / Section 16.43.120
Application of Administrative Procedure Act.
Status: in_force

(a) The administrative adjudication procedures of AS 44.62 (Administrative Procedure Act) do not apply to adjudicatory proceedings of the commission except that final administrative determinations by the commission are subject to judicial review as provided in AS 44.62.560  44.62.570.

(b) AS 44.62.010  44.62.319 and 44.62.640 apply to regulations adopted by the commission.

Article 2. Entry Permit System.
Alaska Stat. § 16.40.120 — AK Code / Title 16 / Chapter 16.40 / Section 16.40.120
Aquatic stock acquisition permits.
Status: in_force

(a) A person may not acquire aquatic plants or shellfish from wild stock in the state for the purpose of supplying stock to an aquatic farm or hatchery required to have a permit under AS 16.40.100 unless the person holds an acquisition permit from the commissioner.

(b) An acquisition permit authorizes the permit holder to acquire the species and quantities of wild stock in the state specified in the permit for the purposes of supplying stock to (1) an aquatic farm or hatchery required to have a permit under AS 16.40.100 ;

(2) the department.

(c) The commissioner shall specify the expiration date of an acquisition permit and may attach conditions to an acquisition permit, including conditions relating to the time, place, and manner of harvest. Size, gear, place, time, licensing, and other limitations applicable to sport, commercial, or subsistence harvest of aquatic plants and shellfish do not apply to a harvest with a permit issued under this section. The commissioner of fish and game shall issue or deny a permit within 30 days after receiving an application.

(d) The commissioner shall deny or restrict a permit under this section upon finding that the proposed harvest will impair sustained yield of the species or will unreasonably disrupt established uses of the resources by commercial, sport, personal use, or subsistence users. The commissioner shall inform the Board of Fisheries of any action taken on permit applications for species that support commercial fisheries subject to limited entry under AS 16.43 and of any permits denied because of unreasonable disruption of an established use. A denial of the permit by the commissioner must contain the factual basis for the findings.

(e) The Board of Fisheries may adopt regulations for the conservation, maintenance, and management of species for which an acquisition permit is required.

(f) Except as provided in (d) of this section or in a regulation adopted under (e) of this section, the commissioner shall issue a permit if (1) wild stock is necessary to meet the initial needs of farm or hatchery stock;

(2) there are technological limitations on the propagation of culture stock for the species sought;

(3) wild stock sought is not fully utilized by commercial, sport, personal use, or subsistence fisheries; or

(4) wild stock is needed to maintain the gene pool of a hatchery or aquatic farm.

(g) Aquatic plants and shellfish acquired under a permit issued under this section become the property of the permit holder and are no longer a public or common resource.
Alaska Stat. § 16.43.060 — AK Code / Title 16 / Chapter 16.43 / Section 16.43.060
Compensation.
Status: in_force

Members of the commission are in the exempt service and are entitled to a monthly salary equal to a step in Range 25 of the salary schedule in AS 39.27.011 .
Alaska Stat. § 16.05.094 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.094
Duties of section of subsistence hunting and fishing.
Status: in_force

The section of subsistence hunting and fishing shall (1) compile existing data and conduct studies to gather information, including data from subsistence users, on all aspects of the role of subsistence hunting and fishing in the lives of the residents of the state;

(2) quantify the amount, nutritional value, and extent of dependence on food acquired through subsistence hunting and fishing;

(3) make information gathered available to the public, appropriate agencies, and other organized bodies;

(4) assist the department, the Board of Fisheries, and the Board of Game in determining what uses of fish and game, as well as which users and what methods, should be termed subsistence uses, users, and methods;

(5) evaluate the impact of state and federal laws and regulations on subsistence hunting and fishing and, when corrective action is indicated, make recommendations to the department;

(6) make recommendations to the Board of Game and the Board of Fisheries regarding adoption, amendment, and repeal of regulations affecting subsistence hunting and fishing;

(7) participate with other divisions in the preparation of statewide and regional management plans so that those plans recognize and incorporate the needs of subsistence users of fish and game.
Alaska Stat. § 16.12.020 — AK Code / Title 16 / Chapter 16.12 / Section 16.12.020
Hearings before permit issuance.
Status: in_force

(a) At least 30 days before the issuance of a permit under AS 16.12.010 , the department shall hold a public hearing in a central location in the vicinity of the proposed release of shellfish.

(b) Notice of the hearing shall be published in a newspaper of general circulation once a week for three consecutive weeks, with completion of the notice at least five days before the hearing.

(c) The department shall conduct the hearing. The applicant shall present a plan for the proposed project describing the capacity of the facility and other relevant facts that may be of interest to the department or to the public. The department shall give interested members of the public an opportunity to be heard.

(d) The department shall record and consider objections and recommendations offered by the public at the hearing conducted under this section. The department shall respond in writing, not later than 30 days after the hearing is held, to a specific objection offered by a member of the public at the hearing.
Alaska Stat. § 16.05.350 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.350
Expiration of licenses, permits, and tags.
Status: in_force

(a) Licenses, permits, and tags required under AS 16.05.330  16.05.430, except biennial licenses, triennial licenses, the nonresident sport fishing licenses, the resident trapping license, the nonresident anadromous king salmon tags, the waterfowl conservation tag, and permits having a different specified expiration date, expire at the close of December 31 following issuance.

(b) Biennial licenses expire after December 31 of the year following the year of issuance.

(c) Triennial licenses expire after December 31 of the second year following the year of issuance.

(d) The resident trapping license expires at the close of September 30 of the year following the year in which the license is issued.

(e) The waterfowl conservation tag expires at the close of January 31 of the year following the year of issue of the tag.
Alaska Stat. § 16.05.685 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.685
Processing on commercial king crab fishing vessels.
Status: in_force

(a) Crab of any species may not be processed on a commercial crab fishing vessel unless (1) the vessel remains within one registration area from the time the crab is caught to the time of dock delivery;

(2) the operator of the vessel notifies the department of proposed changes in location before moving to another registration area; and

(3) the operator of the vessel provides quarters for inspectors of the department who may inspect the crab catch on the vessel at any time.

(b) The restrictions set out in (a) of this section do not apply to processing aboard the fishing vessel for and as donations to charity, for consumption aboard the vessel, or for dockside retail sales from the vessel.

(c) In this section, (1) process means to butcher, cook, chill, or freeze crab for commercial use;

(2) registration area means a specific king crab registration area as designated by regulation of the Board of Fisheries.
Alaska Stat. § 16.10.370 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.370
Short title.
Status: in_force

AS 16.10.300  16.10.370 may be cited as the Commercial Fishing Loan Act.
Alaska Stat. § 16.40.010 — AK Code / Title 16 / Chapter 16.40 / Section 16.40.010
Disposition of surplus buffalo and musk oxen.
Status: in_force

Whenever it is determined by the department that a surplus exists in the herds of buffalo and musk oxen under its control, the department may, under regulations adopted by it, grant the surplus or portions of it to persons, groups, associations, partnerships, or corporations for the purpose of raising and breeding the animals as domestic stock for commercial purposes, or for scientific and educational purposes. A person, group, association, partnership, or corporation may receive animals only after proving to the satisfaction of the department (1) intent to raise and breed the animals; and

(2) possession of facilities for maintaining the animals under positive control.
Alaska Stat. § 16.05.065 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.065
Application extension.
Status: in_force

(a) The commissioner shall extend the time and dates during which application may be made for fish or game registration if the commissioner finds that (1) the conservation and management of the fish or game resource will not be affected adversely; and

(2) the failure to timely apply is the result of excusable neglect.

(b) The fee for an extension granted under this section is $45.

(c) As used in this section, excusable neglect does not include unfamiliarity with or ignorance of applicable laws and regulations. In order to show excusable neglect, a person must have demonstrated, before the registration deadline, an intent to harvest fish or game.
Alaska Stat. § 16.10.340 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.340
Commercial fishing revolving loan fund.
Status: in_force

(a) There is a commercial fishing revolving loan fund to carry out the purpose of AS 16.10.300  16.10.370.

(b) Money in the fund may be used by the legislature to make appropriations for costs of administering AS 16.10.300  16.10.370.

(c) If the commissioner determines that the fund contains money that is excess to that needed to carry out the purpose of AS 16.10.300  16.10.370, then the commissioner may use the excess money to carry out the purpose of AS 16.10.500  16.10.560.
Alaska Stat. § 16.05.690 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.690
Record of purchases.
Status: reserved

(a) Each buyer of fish shall keep a record of each purchase showing the name or number of the vessel from which the catch involved is taken, the date of landing, vessel license number, pounds purchased of each species, number of each species, and the Department of Fish and Game statistical area in which the fish were taken, and other information the department requires. Records may be kept on forms provided by the department. Each person charged with keeping the records shall report them to the department in accordance with regulations adopted by the department.

(b) A person may not knowingly enter false information on a fish ticket or supply false information to a person who is recording information on a fish ticket.

(c) [Repealed, § 1 ch 13 SLA 1997.]
Alaska Stat. § 16.20.600 — AK Code / Title 16 / Chapter 16.20 / Section 16.20.600
Copper River Delta Critical Habitat Area established.
Status: in_force

The following described area is established as the Copper River Delta Critical Habitat Area:

All public land, tideland, submerged land, and water contained in the following description: Beginning at a point on the south edge of the Copper River Highway right-of-way 200´ west of its intersection with the Eyak Trail trailhead; thence southwesterly 200´ west of the Eyak Trail and parallel to it approximately 4 miles to the mean high tide line; thence southwesterly along the mean high tide line to Point Whitshed; thence northwesterly along the mean high tide line to a point of intersection at the west edge of Section 21, T16S, R4W, C.R.M. and the mean high tide line at the mouth of Orca Inlet; thence westerly a distance of approximately 3 miles to the northeast tip of Little Mummy Island; thence southwesterly a distance of approximately 4 miles to the intersection of the south edge of Section 33, T16S, R5W, C.R.M. and the mean high tide line; thence along the mean high tide line on the east portion of Hinchinbrook Island, including Boswell Bay to Point Bentinck; thence S.68°E. approximately 57 miles to a point of intersection with the protracted boundary line common between R4E and R5E, C.R.M.; thence N.13°E. approximately 10 miles to Palm Point; thence northwesterly along the mean high tide line to a point of intersection with the west boundary line of Section 25, T19S, R4E, C.R.M. to a point of intersection with the mean high tide line on the north shore of Softuk Bar; thence northwesterly to Windy Point; thence due east approximately 1.1 miles to the 200 foot contour; thence northerly along the 200 foot contour around Ragged Mountain, easterly and northerly along the eastern shore of Martin and Little Martin lakes to a point 4 miles due south of Bridge No. 227 on the Proposed Bering River Highway; thence north to Bridge No 227; thence westerly along the south edge of the Bering River Highway to its junction with the Copper River Highway; thence, westerly along the south edge of the Copper River Highway to the point of beginning; excluding all areas within the Cordova Airport Boundaries.
Alaska Stat. § 16.51.150 — AK Code / Title 16 / Chapter 16.51 / Section 16.51.150
Determination of value.
Status: in_force

(a) Upon request from the director of elections, the commissioner of revenue shall determine (1) the total value of seafood products produced in Alaska during any calendar year;

(2) whether the eligible processors approving the levy or termination of a seafood marketing assessment together produced at least 51 percent of the total value of seafood products produced in Alaska during the calendar year; or

(3) whether the eligible processors petitioning for an election under AS 16.51.130 (b)(2) together produced at least 25 percent of the total value of seafood products produced in Alaska during the calendar year.

(b) The total value of seafood products produced in Alaska in a calendar year is the sum of the (1) total value of the fisheries resource on which the tax imposed under AS 43.75.015 and 43.75.100 is levied in that calendar year; and

(2) total value of the fisheries resource on which the tax imposed under AS 43.77 is levied in that calendar year.

(c) The value of seafood products produced in Alaska by a processor during a calendar year is the sum of the (1) total value of the fisheries resource on which the processor must pay the tax imposed under AS 43.75.015 and 43.75.100 in that calendar year; and

(2) total value of the fisheries resource on which the processor must pay the tax imposed under AS 43.77.010 in that calendar year.