Alaska Stat. § 16.43.960 — AK Code / Title 16 / Chapter 16.43 / Section 16.43.960
Commission revocation or suspension of permits.
Status: reserved

(a) The commission may revoke, suspend, or transfer all entry or interim-use permits held by a person who knowingly provides or assists in providing false information, or fails to correct false information provided to the commission for the purpose of obtaining a benefit for self or another, including the issuance, renewal, duplication, or transfer of an entry or interim-use permit, or vessel license. The commission may suspend that person's eligibility to hold an entry or interim-use permit for a period not to exceed three years, and may impose an administrative fine of not more than $5,000 on the person. The commission may also impose an administrative fine of not more than $5,000 on an entity whose officers, employees, representatives, or agents knowingly provide or assist in providing false information, or fail to correct false information provided, to the commission for the purpose of obtaining a benefit.

(b) The commission shall serve the respondent personally or by certified or registered mail with a notice to show cause why the proposed action should not take place. The notice to show cause must (1) be supported by an affidavit, which may be made on information or belief, setting out the facts that are the basis of the proposed actions;

(2) provide for a least 30 days' notice of the place, date, and time of the hearing where the respondent may present evidence in opposition to the proposed action; unless waived in writing by the respondent, the hearing shall be held within the judicial district in which the respondent resides if the respondent resides in the state; the hearing place shall be at the discretion of the commission for those respondents residing outside the state;

(3) specify the statutes or regulations violated;

(4) state with particularity the action proposed to be taken;

(5) indicate to the respondent that the respondent's ability to permanently transfer the permits that are the subject of the show cause proceedings has been suspended as of the date of the notice and will continue to be suspended until the exhaustion of all administrative and judicial remedies; and

(6) provide other information the commission considers proper.

(c) A permit subject to show cause proceedings under this section may not be transferred after the date of the notice in (b) of this section pending exhaustion of all administrative and judicial remedies arising from action taken under this section.

(d) Except when there is a vacancy as provided in AS 16.43.030 (c), the show cause hearing shall be conducted before a quorum of commissioners and shall be presided over by a hearing officer appointed by the commission who shall rule on the presentation of evidence and other procedural matters. Hearings shall be conducted in accordance with regulations adopted under AS 16.43.110 (b).

(e) The failure of a respondent properly served under (b) of this section to appear at the hearing is not grounds for setting aside any commission action taken. However, the commission may in its discretion order a continuance or second hearing.

(f) [Repealed, § 8 ch 22 SLA 1985.] (g) The provisions of this section apply to conduct occurring after January 1, 1973, but do not affect a permit held by a person who is a bona fide purchaser. Failure to correct false information is a continuing offense.

(h) Judicial review of commission determinations under this section is in accordance with AS 44.62.560  44.62.570; however, if a hearing de novo is granted under AS 44.62.570 (d), the hearing may, in the discretion of the court, be had with a jury sitting if application for the jury hearing is filed with the court no later than 10 days after service of the notice of appeal.

(i) An entry permit revoked by the commission under this section that is pledged as security for a loan under AS 16.10.333 or AS 44.81.231 shall be reassigned or sold as provided in AS 16.10.337 or AS 44.81.250 .

(j) The commission shall immediately cancel a limited entry permit card issued to a debtor under a loan made under AS 16.10.300  16.10.370 when the commission receives a certificate of loan termination containing a copy of the (1) notice required by AS 16.10.335 (a); or

(2) notice that, if the debtor has filed bankruptcy, the automatic stay issued is no longer in effect and the debtor has not reaffirmed the debt.
Alaska Stat. § 16.10.825 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.825
Special account established.
Status: in_force

(a) The foreclosure expense account is established as a special account within the commercial charter fisheries revolving loan fund.

(b) The department may expend money credited to the foreclosure expense account when necessary to protect the state's security interest in collateral on loans granted under AS 16.10.815 or to defray expenses incurred during foreclosure proceedings after an obligor defaults.
Alaska Stat. § 16.20.092 — AK Code / Title 16 / Chapter 16.20 / Section 16.20.092
Walrus Islands State Game Sanctuary established.
Status: in_force

The following land areas in Bristol Bay and adjacent state waters are established as a state game sanctuary to be known as the Walrus Islands State Game Sanctuary: (1) Round Island;

(2) Crooked Island;

(3) High Island;

(4) Summit Island;

(5) The Twins;

(6) Black Rock.
Alaska Stat. § 16.10.230 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.230
Exemptions.
Status: in_force

AS 16.10.180  16.10.220 do not apply to (1) the use of nets for fishing for or taking salmon for the purposes of scientific investigation authorized by state law; and

(2) existing laws and regulations prohibiting the taking of salmon by means of nets on the high seas.

Article 6. Transportation of Fish and Shellfish.
Alaska Stat. § 16.10.940 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.940
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. § 16.10.180 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.180
Legislative findings.
Status: in_force

The legislature finds and recognizes these facts: (1) migratory fish and migratory shellfish are present in commercial quantities inside and outside the territorial waters of the state;

(2) migratory fish and migratory shellfish taken from the waters of the state are indistinguishable, in most cases, from those taken from the adjacent high seas;

(3) substantial quantities of migratory fish and migratory shellfish move inshore and offshore intermittently and at various times during a given year and in so doing often enter and leave territorial waters of the state;

(4) to conserve the migratory fish and migratory shellfish found inside the waters of the state it is necessary to strictly enforce local laws and regulations;

(5) by making certain laws and regulations enacted or adopted for the regulation of the coastal fishery applicable to the adjacent high sea areas, enforcement of these laws and regulations is facilitated;

(6) conservation regulations should not be adopted to impose economic sanctions.
Alaska Stat. § 16.12.010 — AK Code / Title 16 / Chapter 16.12 / Section 16.12.010
Permits for shellfish enhancement projects.
Status: in_force

(a) Subject to the restrictions imposed by statute or regulation under this chapter, the commissioner may issue a permit to a nonprofit corporation organized under AS 10.20 for a project to (1) augment the yield and harvest of shellfish indigenous to state water above naturally occurring levels by natural, artificial, or semiartificial production systems;

(2) rehabilitate a shellfish stock that is indigenous to state water by restoring it to its natural levels of productivity; or

(3) increase the area of productive natural shellfish habitat.

(b) Each applicant for a permit under this section shall apply in a format prescribed by the department and pay an application fee in the amount determined under (f) of this section.

(c) A permit issued under this section is nontransferable. If a permit holder sells or leases a facility for which a permit has been issued under this section, the new operator shall apply for a permit under this section.

(d) The commissioner shall consult with and solicit recommendations from federal and state agencies and technical experts in the relevant area regarding permit stipulations and issuance.

(e) The commissioner may not issue a permit under this section unless the commissioner determines that the action would result in substantial public benefits and would not jeopardize natural stocks.

(f) The department shall establish by regulation an application fee under this section in an amount that provides for the total amount of fees collected under (b) of this section to approximately equal the department's actual costs of processing permit applications under this chapter. The department shall annually review the fee level to determine whether the department's costs of processing permit applications under this chapter are approximately equal to the fees collected. If the review indicates that fees collected and these costs are not approximately equal, the department shall adjust the application fee by regulation. In January of each year, the department shall report the fee level and any revision made for the previous year under this subsection to the office of management and budget.
Alaska Stat. § 16.40.250 — AK Code / Title 16 / Chapter 16.40 / Section 16.40.250
Salmon fishery associations.
Status: in_force

The commissioner may assist in and encourage the formation of qualified salmon fishery associations for the purpose of promoting the consolidation of the fishing fleet in a salmon fishery for which the Alaska Commercial Fisheries Entry Commission has issued commercial fishing entry permits under AS 16.43 . A salmon fishery association is qualified if the commissioner determines that the regional association (1) is incorporated as a nonprofit corporation under AS 10.20 ;

(2) is comprised of interim-use permit and entry permit holders in the salmon fishery for which the association is established; and

(3) has a board of directors that is comprised of interim-use permit and entry permit holders in the salmon fishery.

Article 5. Salt Water Sport Fishing Services.
Alaska Stat. § 16.12.070 — AK Code / Title 16 / Chapter 16.12 / Section 16.12.070
Brood stock sources.
Status: in_force

(a) The department shall approve the source and number of shellfish taken for use as brood stock under this chapter.

(b) Where feasible, a permit holder shall first take shellfish from stocks native to the area in which the shellfish will be released.
Alaska Stat. § 16.40.060 — AK Code / Title 16 / Chapter 16.40 / Section 16.40.060
Elephant permit.
Status: in_force

The commissioner may issue a permit, subject to reasonable conditions established by the commissioner, to possess, import, or export an elephant. A permit may be issued only to a person who proves to the satisfaction of the commissioner that the person (1) intends to exhibit the animal commercially;

(2) possesses facilities to maintain the animal under positive control and humane conditions; and

(3) maintains personal injury and property damage insurance in an amount established by the commissioner.

Article 2. Aquatic Farming.
Alaska Stat. § 16.05.251 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.251
Regulations of the Board of Fisheries.
Status: reserved

(a) The Board of Fisheries may adopt regulations it considers advisable in accordance with AS 44.62 (Administrative Procedure Act) for (1) setting apart fish reserve areas, refuges, and sanctuaries in the waters 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 fish; if consistent with resource conservation and development goals, the board may adopt regulations establishing restricted seasons and areas necessary for (A) persons 60 years of age and older to participate in sport, personal use, or subsistence fishing; or

(B) residents under 18 years of age and nonresidents under 16 years of age to participate in sport fishing;

(3) setting quotas, bag limits, harvest levels, and sex and size limitations on the taking of fish;

(4) establishing the means and methods employed in the pursuit, capture, and transport of fish;

(5) establishing marking and identification requirements for means used in pursuit, capture, and transport of fish;

(6) classifying as commercial fish, sport fish, guided sport fish, personal use fish, subsistence fish, or predators or other categories essential for regulatory purposes;

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

(8) investigating and determining the extent and effect of disease, predation, and competition among fish in the state, exercising control measures considered necessary to the resources of the state;

(9) prohibiting and regulating the live capture, possession, transport, or release of native or exotic fish or their eggs;

(10) establishing seasons, areas, quotas, and methods of harvest for aquatic plants;

(11) establishing the times and dates during which the issuance of fishing licenses, permits, and registrations and the transfer of permits and registrations between registration areas is allowed; however, this paragraph does not apply to permits issued or transferred under AS 16.43 ;

(12) regulating commercial, sport, guided sport, subsistence, and personal use fishing as needed for the conservation, development, and utilization of fisheries;

(13) requiring, in a fishery, observers on board fishing vessels, as defined in AS 16.05.475 (d), that are registered under the laws of the state, as defined in AS 16.05.475 (c), after making a written determination that an onboard observer program (A) is the only practical data-gathering or enforcement mechanism for that fishery;

(B) will not unduly disrupt the fishery;

(C) can be conducted at a reasonable cost; and

(D) can be coordinated with observer programs of other agencies, including the National Marine Fisheries Service, North Pacific Fishery Management Council, and the International Pacific Halibut Commission;

(14) establishing nonexclusive, exclusive, and superexclusive registration and use areas for regulating commercial fishing;

(15) regulating resident or nonresident sport fishermen as needed for the conservation, development, and utilization of fishery resources;

(16) requiring unlicensed fishing vessels present in or transiting the waters of the state to report to the department the quantity, species, and origin of fish on board; in this paragraph, unlicensed fishing vessel means a fishing vessel that is not licensed under AS 16.05.490  16.05.530;

(17) promoting fishing and preserving the heritage of fishing in the state.

(b) [Repealed, § 12 ch 52 SLA 1986.] (c) If the Board of Fisheries 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, consistent with sustained yield and the provisions of AS 16.05.258 , provide a fair and reasonable opportunity for the taking of fishery resources by personal use, sport, and commercial fishermen.

(e) The Board of Fisheries may allocate fishery resources among personal use, sport, guided sport, and commercial fisheries. The board shall adopt criteria for the allocation of fishery resources and shall use the criteria as appropriate to particular allocation decisions. The criteria may include factors such as (1) the history of each personal use, sport, guided sport, and commercial fishery;

(2) the number of residents and nonresidents who have participated in each fishery in the past and the number of residents and nonresidents who can reasonably be expected to participate in the future;

(3) the importance of each fishery for providing residents the opportunity to obtain fish for personal and family consumption;

(4) the availability of alternative fisheries resources;

(5) the importance of each fishery to the economy of the state;

(6) the importance of each fishery to the economy of the region and local area in which the fishery is located;

(7) the importance of each fishery in providing recreational opportunities for residents and nonresidents.

(f) Except as expressly provided in AS 16.40.120 (e) and 16.40.130, the Board of Fisheries may not adopt regulations or take action regarding the issuance, denial, or conditioning of a permit under AS 16.40.100 or 16.40.120, the construction or operation of a farm or hatchery required to have a permit under AS 16.40.100 , or a harvest with a permit issued under AS 16.40.120 .

(g) The Board of Fisheries shall consider a request of the commissioner for approval of a petition to the Alaska Commercial Fisheries Entry Commission to establish a moratorium on new entrants into a commercial fishery under AS 16.43.225 at the board's next regular or special meeting that follows the receipt by the board of the request for approval of the petition and that allows time for the notice required under this subsection. The board may consider the request of the commissioner for approval of the petition only after 15 days' public notice of the board's intention to consider approval of the petition. The board shall consider whether the commissioner, in support of the request for approval of the petition, has adequately shown that the fishery meets requirements for a moratorium on new entrants under AS 16.05.050 . The board by a majority vote of its members at the meeting when the petition must be considered shall approve or disapprove the petition.

(h) The Board of Fisheries shall adopt by regulation a policy for the management of mixed stock fisheries. The policy shall provide for the management of mixed stock fisheries in a manner that is consistent with sustained yield of wild fish stocks.

(i) Notwithstanding AS 16.43.140 (c)(5), the board may adopt, at a regularly scheduled meeting at which the board considers regulatory proposals for management of a specific salmon fishery, a regulation to allow a person who holds two entry permits for that salmon fishery an additional fishing opportunity appropriate for that particular fishery.
Alaska Stat. § 16.05.632 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.632
Identification of shellfish pots or buoys, or both, used in the taking of king crab and requirements for buoys.
Status: reserved

(a) Registration tags for the identification of shellfish pots or buoys, or both, used in the taking of king crab are required in areas in which the board has regulations limiting the total amount of shellfish pots allowed per vessel. Registration tags shall (1) be issued by the department under regulations adopted by the board;

(2) be nontransferable;

(3) be individually numbered, designating the year of issuance;

(4) be permanently affixed to each shellfish pot or buoy, or both, used in the taking of king crab, whichever in the determination of the board is appropriate for identification, and in a manner determined to be appropriate by the board;

(5) conform to other requirements determined to be appropriate by the board; and

(6) be issued and renewed for a fee equal to the cost of obtaining the registration tags plus reasonable administrative costs, under procedures determined to be appropriate by the department.

(b) The unauthorized production, reproduction, sale, exchange, distribution, or use of registration tags required in (a) of this section is prohibited.

(c) In addition to meeting other requirements imposed by law, each shellfish pot used in the taking of king crab shall be connected to one durable sea lion buoy of an appropriate type and diameter as specified by the board. The buoy shall conform to other specifications determined to be appropriate by the board.

(d) [Repealed, § 61 ch 50 SLA 1989.] (e) In this section, (1) board means the Board of Fisheries;

(2) registration tags means any tag, tape, or other identification device or method determined to be appropriate by the board.
Alaska Stat. § 16.20.340 — AK Code / Title 16 / Chapter 16.20 / Section 16.20.340
Purpose of Matanuska Valley Moose Range.
Status: in_force

The purpose of AS 16.20.340  16.20.360 is to establish the area described in AS 16.20.360 as the Matanuska Valley Moose Range. The primary purposes of the Matanuska Valley Moose Range are to maintain, improve, and enhance moose populations and habitat and other wildlife resources of the area, and to perpetuate public multiple use of the area, including fishing, grazing, forest management, hunting, trapping, mineral and coal entry and development, and other forms of public use of public land not incompatible with the purpose stated in this section.
Alaska Stat. § 16.20.595 — AK Code / Title 16 / Chapter 16.20 / Section 16.20.595
Clam Gulch Critical Habitat Area established.
Status: in_force

The following described area is established as the Clam Gulch Critical Habitat Area:

All tide and submerged land to the minus five foot elevation, from Cape Kasilof to Happy Valley, contained in the following description: (1) Township 3 North, Range 12 West, Seward Meridian Sections 9, 16, 21, 28, 33;

(2) Township 2 North, Range 12 West, Seward Meridian Sections 4, 8, 9, 17, 20, 29, 31, 32;

(3) Township 1 North, Range 12 West, Seward Meridian Sections 6  7;

(4) Township 1 North, Range 13 West, Seward Meridian Sections 12  14, 22, 23, 27, 33, 34;

(5) Township 1 South, Range 13 West, Seward Meridian Sections 5  7;

(6) Township 1 South, Range 14 West, Seward Meridian Sections 12  14, 23, 26  27, 33  34;

(7) Township 2 South, Range 14 West, Seward Meridian Sections 4, 8  9, 17, 20, 29, 32;

(8) Township 3 South, Range 14 West, Seward Meridian Sections 5, 6, and that portion of Section 7 lying north of Happy Creek.
Alaska Stat. § 16.05.722 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.722
Strict liability commercial fishing penalties.
Status: in_force

(a) A person who without any culpable mental state 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 violation and upon conviction is punishable by a fine of not more than (1) $3,000 for a first conviction;

(2) $6,000 for a second conviction or for a subsequent conviction not described in (3) of this subsection; and

(3) $9,000 for a third or subsequent conviction within a 10-year period.

(b) 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. 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. 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.

(c) A person charged with a violation under this section is entitled to a trial by court but not by jury, and is not entitled to representation at public expense.
Alaska Stat. § 16.20.610 — AK Code / Title 16 / Chapter 16.20 / Section 16.20.610
Dude Creek Critical Habitat Area.
Status: in_force

(a) The purpose of the Dude Creek Critical Habitat Area is the protection and enhancement of the wet meadow habitat that is the key roosting area for migrating lesser sandhill cranes, for the protection of lesser sandhill cranes, and for the continued public use and enjoyment of the area.

(b) The following described area is established as the Dude Creek Critical Habitat Area:

Township 40 South, Range 58 East, Copper River Meridian Section 2: W1/2

Section 3

Sections 9  10

Section 11: W1/2NE1/4, W1/2

Section 14: Lot 3, NW1/4, N1/2SW1/4, SW1/4SW1/4

Section 15

Section 16: N1/2, SE1/4.

(c) The Dude Creek Critical Habitat Area described in (b) of this section shall be managed under a management plan prepared and implemented by the department in consultation with the community of Gustavus and the Board of Game.

(d) The department shall allow public uses, including fishing, hunting, trapping, mechanized and nonmechanized public access, grazing, firewood harvesting, wildlife viewing, hiking, and berry picking under the management plan adopted under (c) of this section to the extent that the activities are compatible with (a) of this section.

(e) The legislature understands that a portion of the state land described in (b) of this section is mental health trust land of the state and the legislature intends that the land retain its status as mental health trust land, notwithstanding its inclusion in the Dude Creek Critical Habitat Area.
Alaska Stat. § 16.05.170 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.170
Power to execute warrant.
Status: in_force

Each peace officer designated in AS 16.05.150 may execute a warrant or other process issued by an officer or court of competent jurisdiction for the enforcement of this title except AS 16.51 and AS 16.52 , and may, with a search warrant, search any place at any time. The judge of a court having jurisdiction may, upon proper oath or affirmation showing probable cause, issue a warrant in all cases.
Alaska Stat. § 16.10.270 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.270
Purchase of fish by the pound.
Status: in_force

(a) A fish processor or primary fish buyer shall purchase raw fish by the pound. The poundage of the fish to be purchased shall be determined by weighing the fish unless both the buyer and seller agree in writing upon a sample weighing technique that will fairly determine the average weight of the fish purchased.

(b) A person who violates this section is guilty of a misdemeanor and upon conviction 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. § 16.05.490 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.490
Vessel license.
Status: reserved

(a) As a condition to delivery or landing of fish or engaging in commercial fishing in the state, a license is required for a commercial vessel.

(b) [Repealed, § 19 ch 105 SLA 1977.] (c) [Repealed, § 19 ch 105 SLA 1977.] (d) [Repealed, § 19 ch 105 SLA 1977.] (e) [Repealed, § 19 ch 105 SLA 1977.]
Alaska Stat. § 16.05.060 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.060
Emergency orders.
Status: in_force

(a) This chapter does not limit the power of the commissioner or an authorized designee, when circumstances require, to summarily open or close seasons or areas or to change weekly closed periods on fish or game by means of emergency orders.

(b) The commissioner or an authorized designee may, under criteria adopted by the Board of Fisheries, summarily increase or decrease sport fish bag limits or modify methods of harvest for sport fish by means of emergency orders.

(c) An emergency order has the force and effect of law after field announcement by the commissioner or an authorized designee. An emergency order adopted under this section is not subject to AS 44.62 (Administrative Procedure Act).
Alaska Stat. § 16.20.034 — AK Code / Title 16 / Chapter 16.20 / Section 16.20.034
Mendenhall Wetlands State Game Refuge.
Status: in_force

(a) The following state-owned land, including tide and submerged land, and excluding privately owned land, is established as the Mendenhall Wetlands State Game Refuge: Beginning at U.S.C.G.S. Triangulation Station Salmon located on the northeastern shore of Douglas Island, lying within the City and Borough of Juneau, First Judicial District, State of Alaska; thence northeasterly across Gastineau Channel approximately .5 miles to U.S.C.G.S. Triangulation Station Creek, said station being on the shore of Gastineau Channel, 200 feet south of Salmon Creek; thence trend northerly to the intersection of Egan Drive and Salmon Creek; thence trend northwesterly immediately adjacent to but not upon or within the designated right-of-way of Egan Drive approximately 2.7 miles to the intersection with the easterly boundary of Sunny Point Park Subdivision, recorded as Plat No. 333; thence southerly along said boundary; thence along said right-of-way line to the intersection with the 22.7 foot extreme high tide line; thence southerly and westerly on said 22.7 foot extreme high tide line, abutting said Sunny Point Park Subdivision, U.S. Survey 2475, Sunny Point Subdivision (Plat No. 307), and Egan Drive approximately one mile to the easterly line of the accreted property to the U.S. Survey No. 1568; thence southerly and westerly, along the boundary of said accreted property approximately .4 miles to Corner No. 14 of Alaska Tidelands Survey No. 716; thence southerly and westerly along the west meander line of U.S. Survey No. 716, approximately 2.6 miles to Corner No. 4 of said Tidelands Survey; thence northerly along the west meander line of U.S. Survey No. 1742, approximately 790 feet to the northwesterly corner of Juneau Airport property (Corner No. AP-4 of survey dated 6-69); thence northwesterly approximately 440 feet to the southerly meander line of U.S. Survey No. 1919; thence southerly and westerly, along the southerly meanders of U.S. Surveys No. 1919 and No. 1042 (as accreted), approximately .5 miles to the intersection with the south line of U.S. Survey No. 2136; thence westerly, along said south line, approximately .6 miles to the intersection with the 22.7 foot extreme high tide line; thence southerly, along said line approximately 1.4 miles to U.S.C.G.S. Triangulation Station Glacier on the southerly tip of Mendenhall Peninsula; thence in a southerly direction across Gastineau Channel approximately 1.3 miles to the mouth of Cove Creek; thence in a general easterly direction along the 22.7 foot extreme high tide line of Douglas Island approximately 9 miles to U.S.C.G.S. Triangulation Station Salmon, the true point of beginning.

(b) The state may not acquire by eminent domain privately owned land within or abutting state-owned land described in (a) of this section for inclusion in the Mendenhall Wetlands State Game Refuge but may acquire privately owned land by purchase, exchange, or otherwise for inclusion in the Mendenhall Wetlands State Game Refuge.

(c) Leases, permits, and applications for leases or permits in effect or submitted by January 1, 1976 are not affected by the provisions of this section. Renewals of leases or permits after January 1, 1976 are subject to this section.

(d) Egress and ingress across state land to and from private property within or abutting the land described in (a) of this section shall be allowed through access corridors established through agreement between the department and the private property owners affected.

(e) Except within that portion of the Mendenhall Wetlands State Game Refuge commonly known as the Twin Lakes area, the boundaries of which shall be established by the department after consultation with the City and Borough of Juneau, the taking of game is expressly permitted within the land described in (a) of this section if consistent with the management plan adopted by the department and conducted under regulations adopted by the board.

(f) Recreational activity is expressly permitted within the land described in (a) of this section if consistent with the management plan adopted by the department and conducted under regulations adopted by the board.

(g) Management of the surface and subsurface estate is the responsibility of the Department of Natural Resources. Any actions by the Department of Natural Resources which affect the habitat shall be in conformity with a plan proposed and adopted by the Department of Fish and Game, after reasonable public hearings, and following consultation with the City and Borough of Juneau. The plan shall be revised annually, if necessary and appropriate, under the same procedures followed for initial adoption.

(h) An activity or use may not occur under this section in a manner that creates a hazard to aircraft. Gravel extraction is not considered an incompatible activity on or abutting state-owned land described in (a) of this section and is subject to provisions of the management plan. Except for those ponds, lakes, or other bodies of water adjacent to the airport that are required to be maintained by the City and Borough of Juneau as a seaplane basin under certification for the Juneau Municipal Airport granted by the Federal Aviation Agency, if requested by the City and Borough of Juneau the Departments of Fish and Game and Natural Resources shall assist in filling the ponds, lakes, or other bodies of water adjacent to the existing airport runway to eliminate them as sites attractive to waterfowl.

(i) The management plan adopted under (g) of this section must include provisions under which the City and Borough of Juneau may acquire land, by sale, exchange, or otherwise, for purposes of expanding the Juneau Municipal Airport, establishing additional transportation corridors, including water corridors, and establishing publicly owned and operated docking facilities, and these uses are considered preferential under art. VIII of the state constitution but subject to the requirements for plan specification and approval under AS 16.20.060 . A deed, contract of sale, lease, or other instrument evidencing disposition by the Department of Natural Resources of land under this subsection must include, among other terms, the condition that the land is restricted to use for airport expansion, establishing additional transportation corridors, including water corridors, and establishing publicly owned and operated docking facilities.

(j) Notwithstanding the provisions of (d)  (i) of this section, if the City and Borough of Juneau demonstrates to the Departments of Natural Resources and Fish and Game, jointly, that there is a superior public need for or use of the land to its use as a state game refuge, after public hearing and a finding by the departments supporting the determination that such a need or use exists or is required, the use shall be permitted. A final administrative order, ruling, or determination by the departments adverse to the petition of the City and Borough of Juneau is subject to judicial review under AS 44.62.560  44.62.570.

(k) Nothing in this section prevents the City and Borough of Juneau from exercising its land selection rights to state land within its boundaries under applicable law, providing the selection is by local ordinance.
Alaska Stat. § 16.43.430 — AK Code / Title 16 / Chapter 16.43 / Section 16.43.430
Authorized gear.
Status: in_force

For the purposes of harvesting salmon or shellfish, a special harvest area entry permit holder may employ any fishing gear designated as legal gear in the applicable special harvest area by the Board of Fisheries.
Alaska Stat. § 16.10.120 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.120
Use of drum or reel in operation of purse seine.
Status: in_force

A person may not use, employ, or operate a drum or reel around which a purse seine is coiled, rolled, or looped for purposes of taking or removing fish from a body of water located on or over land or tideland owned by the state or over which the state has jurisdiction. This section does not prevent the use of power blocks or the use of a reel mounted on a seine skiff to haul in or let out the separate purse seine lead which is temporarily connected to the purse seine proper, as these terms are generally employed or used in the fishing industry.
Alaska Stat. § 16.55.040 — AK Code / Title 16 / Chapter 16.55 / Section 16.55.040
Advisory committee.
Status: in_force

(a) There is established in the Department of Fish and Game an Advisory Committee on Hunting and Firearm Safety. The committee consists of five members appointed by the commissioner of fish and game and serving at the commissioner's pleasure. Members of the advisory committee serve without compensation but are entitled to per diem and travel expenses provided by law for members of boards and commissions.

(b) The Advisory Committee on Hunting and Firearm Safety shall select one of its members as chairman.

(c) The Advisory Committee on Hunting and Firearm Safety shall meet at the call of the chairman or at the request of a majority of its members.

(d) The Advisory Committee on Hunting and Firearm Safety shall advise the Department of Fish and Game in fulfilling its responsibilities under this chapter.
Alaska Stat. § 16.20.530 — AK Code / Title 16 / Chapter 16.20 / Section 16.20.530
Submission of plans and specifications.
Status: in_force

(a) When a board determines that the following information is required, it shall instruct the commissioner, in the letter of acknowledgment required under AS 16.20.520 , to require the person or governmental agency to submit: (1) full plans for the anticipated use;

(2) full plans and specifications of proposed construction work;

(3) complete plans and specifications for the proper protection of fish and game; and

(4) the approximate date when the construction or work is to commence.

(b) The board shall require the person or governmental agency to obtain the written approval of the commissioner as to the sufficiency of the plans or specifications before construction is commenced.
Alaska Stat. § 16.20.038 — AK Code / Title 16 / Chapter 16.20 / Section 16.20.038
Trading Bay State Game Refuge.
Status: in_force

(a) The following state-owned land, including tide and submerged land, and all land, including tide and submerged land, acquired in the future by the state lying within the parcels described in this subsection is established as the Trading Bay State Game Refuge: (1) Township 9 North, Range 13 West, Seward Meridian Sections 6  7;

(2) Township 9 North, Range 14 West, Seward Meridian Sections 1  4, E 1/2 5, 8  12, W 1/2 13, 14  17, E 1/2 19, 20  22, W 1/2 23, W 1/2 27, 28  30;

(3) Township 9 North, Range 15 West, Seward Meridian Sections W 1/2 1, 2  4, 9  11, W 1/2 12 and 13, 14  16, 19  23, W 1/2 24, 26  28, 31  35;

(4) Township 10 North, Range 13 West, Seward Meridian Sections 1  12, 14  22, 28  32;

(5) Township 10 North, Range 14 West, Seward Meridian Sections 1  18, E 1/2 19, 20  29, 32  36;

(6) Township 10 North, Range 15 West, Seward Meridian Sections 1  12, 14  23, 26  35;

(7) Township 11 North, Range 13 West, Seward Meridian Sections SW 1/4 3, 4  10, SW 1/4 11, W 1/2SW 1/4 13, 14  23, W 1/2, SE 1/4, W 1/2 NE 1/4, SE 1/4 NE 1/4 24, 25  36;

(8) Township 11 North, Range 14  15 West, Seward Meridian Sections 1  36;

(9) Township 12 North, Range 13 West, Seward Meridian Sections 19, 29  33;

(10) Township 12 North, Range 14 West, Seward Meridian Sections 23  26, 31  33, 36.

(b) The Trading Bay State Game Refuge is established to protect the following: (1) fish and wildlife habitat and populations, particularly waterfowl nesting, feeding and migration areas; moose calving areas; spring and fall bear feeding areas; salmon spawning and rearing habitats;

(2) public uses of fish and wildlife and their habitat, particularly waterfowl, moose and bear hunting; viewing; photography; and general public recreation in a high quality environment.

(c) Entry upon the Trading Bay State Game Refuge for purposes of exploration and development of oil and gas resources shall be permitted when compatible with the purposes specified in (b) of this section; however, all existing leases shall be valid and continue in full force and effect according to their terms.

(d) Land selected by a borough within the area described in (a) of this section shall be included in the Trading Bay State Game Refuge, subject to borough approval. If the borough relinquishes the selection of the land, the selected land becomes part of the Trading Bay State Game Refuge.

(e) The state may not acquire by eminent domain privately owned land within state-owned land specified in (a) of this section for inclusion in the Trading Bay State Game Refuge. The Department of Natural Resources may adopt, in accordance with AS 44.62 (Administrative Procedure Act), zoning regulations governing privately owned land within the Trading Bay State Game Refuge, only to the extent that these regulations are imperative to insure compatibility with the intended use of the refuge.

(f) Egress and ingress to and from private property within the parcels described in (a) of this section shall be allowed through access corridors established through agreement between the Department of Natural Resources, the Department of Fish and Game, and the private property owners involved. The establishment of a refuge under this section does not impair or alter existing rights of access to set net site leases.

(g) The establishment of a refuge under this section does not impair or alter existing rights of a municipality to state land selected under former AS 29.18.190  29.18.200.

(h) Land within existing and applied for highway, pipeline, and railway rights-of-way, as of September 22, 1976, are excluded from the land described in (a) of this section; however, when these interests revert to the state, the land shall be included within the Trading Bay State Game Refuge.

(i) The Department of Natural Resources shall adopt regulations governing the issuance of permits for seasonal cabins or shelters within the refuge. The department shall issue a permit to owners of cabins or shelters existing on June 24, 1976. Use permits shall be for a period not to exceed five years and shall be renewable.

(j) Any land conveyed to Cook Inlet Region, Inc. by the state under the terms of the Cook Inlet land exchange is excluded from the refuge.
Alaska Stat. § 16.51.100 — AK Code / Title 16 / Chapter 16.51 / Section 16.51.100
Duties of board.
Status: in_force

The board shall (1) conduct programs of education, research, advertising, or sales promotion designed to accomplish the purposes of this chapter;

(2) promote all species of seafood and their by-products that are harvested in the state and processed for sale;

(3) develop market-oriented quality specifications for Alaska seafood to be used in developing a high quality image for Alaska seafood in domestic and world markets, and adopt and distribute recommendations regarding the handling of seafood from the moment of capture to final distribution;

(4) prepare market research and product development plans for the promotion of all species of seafood and their by-products that are harvested in the state and processed for sale;

(5) submit an annual report to the governor describing the activities of the institute and notify the legislature that the report is available;

(6) develop marketing programs based on the inspection and premium quality seals designed under AS 17.20.066 and use the seals in advertising and promotion efforts of the institute.
Alaska Stat. § 16.05.420 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.420
License, tag, permit, and registration violations.
Status: in_force

(a) A false statement of a material fact in an application for a license, tag, permit, and sport fishing vessel registration issued under AS 16.05.330  16.05.430 voids the license, tag, permit, or registration for which the application is made.

(b) A person may not make a false statement, or omit a material fact, in an application for a license, tag, permit, or sport fishing vessel registration issued under AS 16.05.330  16.05.430. A person who without any culpable mental state makes a false statement as to the person's identity or residency in an application for a license, tag, permit, or sport fishing vessel registration issued under AS 16.05.330  16.05.430 is guilty of a violation and upon conviction is punishable by a fine of not more than $300. A person who knowingly violates this subsection is guilty of a class A misdemeanor.

(c) A person to whom a license, tag, or sport fishing vessel registration has been issued under this chapter may not alter, change, loan, or transfer the license, tag, or sport fishing vessel registration. Except for a hunting permit originally awarded by drawing established by the Board of Game under AS 16.05.255 (a) that has been transferred or reissued under AS 16.05.404 , a person may not use a license, tag, or sport fishing vessel registration that has been issued under this chapter to another person.
Alaska Stat. § 16.05.040 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.040
Compensation of commissioner.
Status: in_force

The commissioner is entitled to the compensation fixed by law and, subject to appropriate state travel regulations, is entitled to reimbursement for actual and necessary traveling and other expenses incurred in the discharge of official duties.
Alaska Stat. § 16.05.310 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.310
Special board meetings.
Status: in_force

A board may meet at any time upon the call of the commissioner or upon the request of two board members.
Alaska Stat. § 16.43.250 — AK Code / Title 16 / Chapter 16.43 / Section 16.43.250
Standards for initial issue of entry permits.
Status: in_force

(a) Following the establishment of the maximum number of units of gear for a particular fishery under AS 16.43.240 , the commission shall adopt regulations establishing qualifications for ranking applicants for entry permits according to the degree of hardship that they would suffer by exclusion from the fishery. The regulations shall define priority classifications of similarly situated applicants based upon a reasonable balance of the following hardship standards: (1) degree of economic dependence upon the fishery, including, when reasonable for the fishery, the percentage of income derived from the fishery, reliance on alternative occupations, availability of alternative occupations, investment in vessels and gear;

(2) extent of past participation in the fishery, including, when reasonable for the fishery, the number of years of participation in the fishery, and the consistency of participation during each year.

(b) The commission shall designate in the regulations those priority classifications of applicants who would suffer significant economic hardship by exclusion from the fishery.

(c) The commission shall designate in the regulations those priority classifications of applicants who would suffer only minor economic hardship by exclusion from the fishery.

(d) If an individual eligible to apply under AS 16.43.260 (a) has applied during application periods established under AS 16.43.260 (b) for two or more entry permits under AS 16.43.260 (d) or (e) for the same specific fishery resource and the same specific type of gear in different administrative areas, but has failed to qualify for an entry permit for that type of fishery resource and gear, the individual's cumulative qualifications may be credited to the fishery for which the individual is most qualified. The commission shall issue an entry permit to the individual for the fishery if the individual's cumulative qualifications result in placing the individual in a category designated in (b) of this section. The qualifications credited to a fishery under this subsection may not be considered for the purpose of ranking the applicant under (a)-(c) of this section for any other fishery. The commission may not revoke any permit previously issued notwithstanding the issuance of permits in excess of the maximum number established under AS 16.43.230  16.43.240 as a result of this subsection. In this subsection, fishery includes all salmon fisheries of the state for which a maximum number of entry permits has been established by the commission under AS 16.43.240 (b).

(e) If the cumulative qualifications of an individual under (d) of this section include points granted by the commission under (a) of this section for more than one fishery and the number of points required to place an applicant in the priority classification under (b) of this section is not the same for each of the fisheries, the commission shall obtain a quotient for the individual by dividing the number of points the individual has been granted for each fishery by the number of points needed to place an applicant in a priority classification under (b) of this section for that fishery. If the sum of the quotients obtained under this subsection equals or exceeds 1.00, the individual is entitled to a permit under (d) of this section.
Alaska Stat. § 16.40.199 — AK Code / Title 16 / Chapter 16.40 / Section 16.40.199
Definitions.
Status: in_force

In AS 16.40.100  16.40.199, (1) aquatic farm means a facility that grows, farms, or cultivates aquatic farm products in captivity or under positive control;

(2) aquatic farm product means an aquatic plant or shellfish, or part of an aquatic plant or shellfish, that is propagated, farmed, or cultivated in an aquatic farm and sold or offered for sale;

(3) aquatic plant means a plant indigenous to state water or that is authorized to be imported into the state under a permit issued by the commissioner;

(4) commissioner means the commissioner of fish and game;

(5) hatchery means a facility for the artificial propagation of stock, including rearing of juvenile aquatic plants or shellfish;

(6) insignificant population means a population of shellfish that, in the determination of the commissioner, would not attract and support a commercial fishery for that species of shellfish and the harvest and sale of the shellfish would not result in significant alteration in traditional fisheries or other existing uses of fish and wildlife resources if the population were included within an aquatic farm site;

(7) positive control means, for mobile species, enclosed within a natural or artificial escape-proof barrier; for species with limited or no mobility, such as a bivalve or an aquatic plant, positive control also includes managed cultivation in unenclosed water;

(8) shellfish means a species of crustacean, mollusk, or other invertebrate, in any stage of its life cycle, that is indigenous to state water or that is authorized to be imported into the state under a permit issued by the commissioner;

(9) stock means live aquatic plants or shellfish acquired, collected, possessed, or intended for use by a hatchery or aquatic farm for the purpose of further growth or propagation.

Article 3. Finfish Farming.
Alaska Stat. § 16.40.170 — AK Code / Title 16 / Chapter 16.40 / Section 16.40.170
Penalty.
Status: in_force

A person who violates a provision of AS 16.40.100  16.40.199, a regulation adopted under AS 16.40.100  16.40.199, or a term or condition of a permit issued under AS 16.40.100  16.40.199, is guilty of a class B misdemeanor.
Alaska Stat. § 16.05.370 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.370
Reports by licensees.
Status: reserved

(a) The commissioner may require a report to be made by each licensee concerning the time, manner, and place of taking fish and game, the kinds and quantity taken, and other information helpful in administering the fish and game resources of the state.

(b) [Repealed, § 18 ch 37 SLA 1989.] (c) [Repealed, § 18 ch 37 SLA 1989.]
Alaska Stat. § 16.10.455 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.455
Cost recovery fisheries.
Status: in_force

(a) A hatchery permit holder may harvest salmon for a facility in (1) a special harvest area through agents, or employees of or persons under contract with the permit holder as provided under a permit from the department or regulations of the Board of Fisheries; or

(2) a terminal harvest area through the common property fishery under this section.

(b) A hatchery permit holder may, by a majority vote of the membership of the hatchery permit holder's board, elect to harvest surplus salmon produced at a facility in a terminal harvest area established for that facility through the common property fishery. At the request of the hatchery permit holder and if the commissioner of fish and game determines that there are no allocative issues involved, and after reasonable consultation with affected commercial fishermen and the organizations of affected commercial fishermen, the commissioner may adopt regulations governing the harvest of surplus salmon in a terminal harvest area when the hatchery permit holder elects to harvest surplus salmon produced at a facility through a common property fishery. The regulations must specify the terms, conditions, and rules under which the common property fishery in the terminal harvest area shall be conducted, including requirements for hold inspections and reporting of harvests and sales of salmon taken in the terminal harvest area. Following adoption of regulations by the department, each year before March 10, the hatchery permit holder's board, by a majority vote of the board's membership, may determine whether the hatchery will operate under the regulations adopted under this subsection during the current calendar year, and shall notify the department if the hatchery intends to operate under the regulations adopted under this subsection. The Board of Fisheries may adopt regulations under AS 16.05.251 regarding a fisheries management plan governing operations under this subsection in a terminal harvest area, including allocation plans. Participation in the fishery must be open to all interim-use permit and entry permit holders who hold permits to operate a type of gear that may be used in the fishing district in which the terminal harvest area is located if that type of gear is authorized by regulation to be used in the terminal harvest area. An interim-use permit holder or an entry permit holder who takes salmon in a common property fishery in a terminal harvest area may sell the salmon to any fish buyer or processor who is licensed to do business in the state.

(c) As a condition of participation in a common property salmon fishery in a terminal harvest area under this section, a fisherman who participates in the fishery is subject to the payment of the assessment levied under (d) of this section on the projected value of the salmon or on the pounds of salmon harvested. The assessment is levied on the salmon that the fisherman takes in the terminal harvest area and sells to a licensed buyer. The buyer of the salmon must be licensed under AS 43.75 , and the buyer shall collect the assessment on salmon taken in a terminal harvest area at the time of purchase and remit the assessment to the Department of Revenue in accordance with regulations adopted by the Department of Revenue.

(d) The Department of Revenue may, by regulation, annually, by March 1 of each year, set the assessment levied on salmon taken in a terminal harvest area in consultation with the Department of Commerce, Community, and Economic Development, the hatchery permit holder, and representatives of affected commercial fishermen. The assessment shall provide sufficient revenue to cover debt service to the state, reasonable operating expenses, reasonable maintenance expenses, and development or maintenance of a reserve fund up to 100 percent of annual operating costs of the hatchery permit holder. In setting the assessment, the department shall consider the estimated return and harvest of salmon in the terminal harvest area, the projected price to be paid for salmon in the region, the amount of the existing reserve held by the hatchery permit holder, and the amount by which the assessment collected in previous years exceeded or fell short of the amount anticipated to be collected. The assessment may not exceed 50 percent of the value of the salmon. The department may levy the assessment as a percentage of the projected value of the salmon returning to the terminal harvest area or as a flat rate on each pound of salmon harvested in the area, to the nearest whole cent.

(e) The Department of Revenue shall deposit the assessments collected under this section in the general fund. The legislature may appropriate the funds collected under this section to the hatchery permit holder who operates a facility in the terminal harvest area in which the assessment was levied. A hatchery permit holder shall use funds appropriated under this subsection for the purposes set out under AS 16.10.450 (a). The legislature may also appropriate funds collected under this section to the Department of Revenue for costs incurred by the department under this section.

(f) A person who violates a regulation adopted under (b) of this section is guilty of a violation under AS 16.05.722 or a misdemeanor under AS 16.05.723 . A person who violates a regulation adopted by the Department of Revenue under (c) of this section is guilty of a class A misdemeanor.

(g) In this section, (1) facility means a hatchery or salmon rehabilitation project for which a permit is issued under AS 16.10.400  16.10.470;

(2) special harvest area means an area designated by the commissioner or the Board of Fisheries where salmon returning to a hatchery may be harvested by the hatchery operators, and, in some situations, by the common property fishery;

(3) terminal harvest area means a harvest area, which may include a hatchery release site, established by the commissioner or the Board of Fisheries where salmon returning to a hatchery may be harvested by the common property fishery;

(4) value has the meaning given in AS 43.75.290 .
Alaska Stat. § 16.05.920 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.920
Prohibited conduct generally.
Status: in_force

(a) Unless permitted by AS 16.05  AS 16.40 or by regulation adopted under AS 16.05  AS 16.40 , a person may not take, possess, transport, sell, offer to sell, purchase, or offer to purchase fish, game, or marine aquatic plants, or any part of fish, game, or aquatic plants, or a nest or egg of fish or game.

(b) A person may not knowingly disturb, injure, or destroy a notice, signboard, seal, tag, aircraft, boat, vessel, automobile, paraphernalia, equipment, building, or other improvement or property of the department used in the administration or enforcement of this title except AS 16.51 and AS 16.52 , or a poster or notice to the public concerning the provisions of this title except AS 16.51 and AS 16.52 , or a regulation adopted under this title except AS 16.51 and AS 16.52 , or a marker indicating the boundary of an area closed to hunting, trapping, fishing, or other special use under this title except AS 16.51 and AS 16.52 . A person may not knowingly destroy, remove, tamper with, or imitate a seal or tag issued or used by the department or attached under its authority to a skin, portion, or specimen of fish or game, or other article for the purpose of identification or authentication in accordance with this title except AS 16.51 and AS 16.52 or a regulation adopted under this title except AS 16.51 and AS 16.52 .
Alaska Stat. § 16.43.070 — AK Code / Title 16 / Chapter 16.43 / Section 16.43.070
Legal counsel.
Status: in_force

The attorney general is the legal counsel for the commission. The attorney general shall advise the commission in legal matters arising in the discharge of its duties and represent the commission in suits to which it is a party. However, the commission may retain additional legal counsel as appropriate.
Alaska Stat. § 16.10.430 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.430
Alteration, suspension, or revocation of permit.
Status: in_force

(a) If a permit holder fails to comply with the conditions and terms of the permit issued under AS 16.10.400  16.10.470 within a reasonable period after notification of noncompliance by the department, the permit may be suspended or revoked, in the discretion of the commissioner after the regional planning team for the area in which the hatchery is located is notified and granted an opportunity to comment upon the proposed suspension or revocation.

(b) If the commissioner finds that the operation of the hatchery is not in the best interests of the public, the commissioner may alter the conditions of the permit to mitigate the adverse effects of the operation, or, if the adverse effects are irreversible and cannot be mitigated sufficiently, initiate a termination of the operation under the permit over a reasonable period of time under the circumstances, not to exceed four years. During the period of time that the operation is being terminated, the permit holder may harvest salmon under the terms of the permit but may not release additional fish.
Alaska Stat. § 16.10.335 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.335
Default and foreclosure.
Status: in_force

(a) If the debtor defaults upon a note for which a limited entry permit has been pledged as security under AS 16.10.333 or 16.10.338, the commissioner shall provide the debtor, by both certified and first class mail sent to the debtor's last known address on file with the commissioner, with a notice of default that includes (1) a description of the security given for the note including the number assigned to the pledged permit by the commission;

(2) the date upon which the default occurred;

(3) the amount of the debtor's outstanding principal and interest as of the date of the default notice, the total amount remaining on the note less unearned interest, and the amount of daily interest;

(4) a statement that the debtor may, within 15 days after the postmark date of the notice, request a hearing to submit evidence showing the debtor has not defaulted;

(5) a statement that the note may be reinstated if it is brought current within 120 days after the postmark date of the notice;

(6) a statement that, under AS 16.10.310 (a)(4), the debtor may reinstate the note by submitting to the commissioner a plan of repayment if the commissioner accepts the debtor's plan of repayment;

(7) the place where reinstatement of the note or payment in full may be made; and

(8) a notice in at least 10-point bold type stating: IMPORTANT: YOUR FAILURE TO REINSTATE OR PAY THIS NOTE IN FULL BY THE DATE SPECIFIED WILL RESULT IN A FORFEITURE OF ALL RIGHTS TO THE PERMIT AND THE POSSIBILITY OF LEGAL ACTION BEING INSTITUTED AGAINST YOU.

(b) In each case of a limited entry permit being pledged as security under AS 16.10.333 or 16.10.338, the debtor shall maintain on file with the department an address where notice of default is to be sent, if necessary, and where that notice will be timely received by the debtor.

(c) Upon presentation of evidence of mailing in accordance with (a) of this section, the receipt of the notice of default by the debtor will be presumed for all purposes. This presumption is rebuttable by presentation of evidence sufficient to demonstrate lack of receipt of notice through no fault of the debtor. Upon presentation of evidence sufficient to prove lack of receipt of notice through no fault of the debtor, the notice is a nullity.

(d) If requested by the debtor, the commissioner may waive any of the time limits in (a) of this section for a period not to exceed 60 days if (1) the debtor demonstrates good cause for the waiver; and

(2) the commissioner sets out in writing the reasons for approving the waiver.

(e) Except as otherwise provided in (c) and (d) of this section, if the debtor fails to reinstate or satisfy the note within the time specified in (a)(5) of this section, the debtor's interest in the permit is terminated by operation of law without further notice.

(f) Notwithstanding (a) of this section, when a debtor files bankruptcy, the debtor's interest in the limited entry permit is terminated by operation of law without further notice as of the date that the automatic stay issued in the bankruptcy is no longer in effect, unless the debtor has reaffirmed the debt.

(g) If a limited entry permit that has been pledged as security under AS 16.10.333 or 16.10.338 is revoked under AS 16.43.970 , the debtor's interest in the permit is terminated by operation of law without further notice as of the date that the revocation takes effect.
Alaska Stat. § 16.51.120 — AK Code / Title 16 / Chapter 16.51 / Section 16.51.120
Seafood marketing assessment.
Status: in_force

(a) A seafood marketing assessment shall be levied on the value of seafood products produced in Alaska as provided in (b), (c), (d), (e), (h), or (i) of this section if an election is held under AS 16.51.140 at which the assessment is approved by eligible processors who together produce at least 51 percent of the value of seafood products produced in Alaska in the calendar year.

(b) Each processor shall pay a seafood marketing assessment of .1 percent of the value of seafood products produced in Alaska by the processor.

(c) Each processor shall pay a seafood marketing assessment of .2 percent of the value of seafood products produced in Alaska by the processor.

(d) Each processor shall pay a seafood marketing assessment of .3 percent of the value of seafood products produced in Alaska by the processor.

(e) Each processor shall pay a seafood marketing assessment of .4 percent of the value of seafood products produced in Alaska by the processor.

(f) An election under (a) of this section shall be held if the proposed election for the levying of an assessment under (b), (c), (d), (e), (h), or (i) of this section is approved by a majority of the whole membership of the board at a regularly scheduled meeting.

(g) Notwithstanding (a)  (e), (h), and (i) of this section and AS 16.51.150 (c), a processor is not subject to, or liable for payment of, an assessment under this section on the value of the seafood products produced in Alaska if the value of seafood products produced in Alaska by the processor is less than $50,000 in a calendar year. This subsection does not exempt a processor from liability for payment of taxes imposed under AS 43.75 or AS 43.77 .

(h) Each processor shall pay a seafood marketing assessment of .5 percent of the value of seafood products produced in Alaska by the processor.

(i) Each processor shall pay a seafood marketing assessment of .6 percent of the value of seafood products produced in Alaska by the processor.
Alaska Stat. § 16.43.895 — AK Code / Title 16 / Chapter 16.43 / Section 16.43.895
Definitions for AS 16.43.850  16.43.895.
Status: in_force

In AS 16.43.850  16.43.895, (1) commercial fishing law means a statute or regulation that regulates the conduct of a person engaged in commercial fishing activities by establishing requirements relating to fishing licenses and permits; catch records and reports; size, nature, quantity, or use of fishing vessels, sites, and gear; time, place, or manner of taking fishery resources; possession, transportation, sale, barter, or waste of fishery resources; or other aspects of commercial fishing;

(2) commercial fishing permit means an entry permit or an interim-use permit issued under this chapter;

(3) commercial salmon fishing privileges means the privilege of participating in an activity for which a commercial fishing permit to take salmon is required and the privilege of obtaining a commercial fishing permit to take salmon;

(4) permit holder includes the holder of a commercial fishing permit as the result of an emergency transfer, an applicant for a commercial fishing permit if the applicant's commercial fishing permit was suspended under AS 16.43.850  16.43.895, and a person whose privilege of obtaining a commercial fishing permit for a fishery is suspended under AS 16.43.850  16.43.895.
Alaska Stat. § 16.20.200 — AK Code / Title 16 / Chapter 16.20 / Section 16.20.200
Penalty.
Status: in_force

A person who, without a permit issued under AS 16.20.195 , harvests, injures, imports, exports, or captures a species or subspecies of fish or wildlife listed under AS 16.20.190 , is guilty of a misdemeanor.
Alaska Stat. § 16.52.050 — AK Code / Title 16 / Chapter 16.52 / Section 16.52.050
Annual report.
Status: in_force

The Board of Regents of the University of Alaska shall prepare an annual report of the center's activities and notify the legislature by the 20th day of each regular session that the report is available. The report must include a description of the work conducted by the center, the training sessions held and number of students trained, and any other information that the Board of Regents determines should be included to describe the work of the center.
Alaska Stat. § 16.05.010 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.010
Commissioner of fish and game.
Status: in_force

The commissioner is the principal executive officer of the Department of Fish and Game. The commissioner shall be a qualified executive with knowledge of the requirements for the protection, management, conservation, and restoration of the fish and game resources of the state.
Alaska Stat. § 16.52.070 — AK Code / Title 16 / Chapter 16.52 / Section 16.52.070
Definitions.
Status: in_force

In this chapter, (1) center means the Fishery Industrial Technology Center;

(2) policy council means the Fishery Industrial Technology Policy Council.
Alaska Stat. § 16.20.030 — AK Code / Title 16 / Chapter 16.20 / Section 16.20.030
National wildlife refuges designated as state game refuges; Goose Bay State Game Refuge.
Status: reserved

(a) The land areas now included in the National Wildlife Refuge System that are cited in this subsection are designated as state game refuges, and the board shall assign them appropriate refuge names: (1) Aleutian Islands Refuge (except Umnak, Unalaska, Akun, Akutan, Sanak, and Tigalda Islands);

(2) Bering Sea Refuge (St. Matthews and Hall Islands, and Pinnacle Islet in Bering Sea);

(3) Bogoslof Island Refuge;

(4) Chamisso Island Refuge;

(5) Forrester Island Refuge;

(6) Hazen Bay (Nunivakchak and Kirgegag Islands);

(7) Hazy Islands Refuge;

(8) Kenai National Moose Range;

(9) Kodiak National Wildlife Refuge;

(10) Nunivak Island Refuge;

(11) St. Lazaria Island Refuge;

(12) Semidi Islands Wildlife Refuge;

(13) Tuxedni Refuge (Islands in Tuxedni Harbor);

(14) [See conditional amendment of paragraph note.] Izembek Refuge, including the tide and submerged land described as follows: (A) Township 58 South, Range 91 West, Seward Meridian Sections 1  4

Sections 9  12

(B) Township 58 South, Range 90 West, Seward Meridian Sections 1  9

Section 16

(C) Township 57 South, Range 91 West, Seward Meridian Section 13

Sections 24  26

Sections 35  36

(D) Township 57 South, Range 90 West, Seward Meridian Sections 1  36

(E) Township 57 South, Range 89 West, Seward Meridian Sections 5  6

(F) Township 56 South, Range 87 West, Seward Meridian Sections 1  6

Sections 10  11

(G) Township 56 South, Range 88 West, Seward Meridian Sections 1  23

Sections 27  32

(H) Township 55 South, Range 87 West, Seward Meridian Sections 1  36

(I) Township 56 South, Range 89 West, Seward Meridian Sections 1  36

(J) Township 55 South, Range 89 West, Seward Meridian Sections 1  36

(K) Township 55 South, Range 88 West, Seward Meridian Sections 1  36

(L) Township 55 South, Range 86 West, Seward Meridian Sections 6  7

Sections 18  19

Sections 30  31

(M) Township 56 South, Range 90 West, Seward Meridian (entire township);

(15) Cape Newenham National Wildlife Range, including tide and submerged land in Chagvan Bay described as follows: (A) Township 16 South, Range 75 West, Seward Meridian Section 1

Sections 11  15

Sections 22  27

Sections 34  36

(B) Township 16 South, Range 74 West, Seward Meridian Sections 7  9

Sections 17  19

Section 30;

(16) Clarence Rhodes National Wildlife Range;

(17) Arctic National Wildlife Range.

(b) [Repealed, § 3, ch 8 SLA 1988.] (c) The presently owned state land, tideland, submerged tideland, submerged land and water, and the land and water acquired in the future by the state lying within the parcels described in (1)  (2) of this subsection are established as the Goose Bay State Game Refuge: (1) Township 15 North, Range 3 West, Seward Meridian Sections 17  20, 29, 30: All;

(2) Township 15 North, Range 4 West, Seward Meridian Section 1: W1/2W1/2

Sections 2  3: All

Section 4: Lot 1, SE1/4NE1/4, E1/2SE1/4

Section 9: Lots 1, 2, 3, NE1/4NE1/4

Sections 10  11: All

Section 12: S1/2

Sections 13  15: All

Section 23: N1/2NE1/4

Section 24: All

The following protracted and fractional parts within Tract A: Section 9: E1/2

Section 10: All

Section 15: All

Section 16: All

Section 21: N1/2

Section 22: N1/2.

(d) The state may not acquire by eminent domain privately owned land within state-owned land specified in (c) of this section for inclusion in the Goose Bay State Game Refuge. The Department of Natural Resources may adopt, in accordance with the Administrative Procedure Act ( AS 44.62 ), zoning regulations governing privately owned land within the Goose Bay State Game Refuge.

(e) Egress and ingress to and from private property within the parcels described in (c) of this section shall be allowed through access corridors established through agreement between the Department of Natural Resources and the Department of Fish and Game, and with the private property owners involved.
Alaska Stat. § 16.05.851 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.851
Hatchery required.
Status: in_force

If a fishway over a dam or obstruction is considered impracticable by the commissioner because of cost, the owner of the dam or obstruction, in order to compensate for the loss resulting from the dam or obstruction shall, at the owner's option (1) pay a lump sum acceptable to the commissioner to the state fish and game fund;

(2) convey to the state a site of a size satisfactory to the commissioner at a place mutually satisfactory to both parties, and erect on it a fish hatchery, rearing ponds, necessary buildings, and other facilities according to plans and specifications furnished by the commissioner, and give a good and sufficient bond to furnish water, lights, and necessary money to operate and maintain the hatchery and rearing ponds; or

(3) enter into an agreement with the commissioner, secured by good and sufficient bond, to pay to the fish and game fund the initial amount of money and annual payments thereafter that the commissioner considers necessary to expand, maintain, and operate additional facilities at existing hatcheries within a reasonable distance of the dam or obstruction.
Alaska Stat. § 16.05.190 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.190
Seizure and disposition of equipment.
Status: in_force

Guns, traps, nets, fishing tackle, boats, aircraft, automobiles or other vehicles, sleds, and other paraphernalia used in or in aid of a violation of this chapter or a regulation of the department may be seized under a valid search, and all fish and game, or parts of fish and game, or nests or eggs of birds, taken, transported, or possessed contrary to the provisions of this chapter or a regulation of the department shall be seized by any peace officer designated in AS 16.05.150 . Upon conviction of the offender or upon judgment of the court having jurisdiction that the item was taken, transported, or possessed in violation of this chapter or a regulation of the department, all fish and game, or parts of them are forfeited to the state and shall be disposed of as directed by the court. If sold, the proceeds of the sale shall be transmitted to the proper state officer for deposit in the general fund. Guns, traps, nets, fishing tackle, boats, aircraft, or other vehicles, sleds, and other paraphernalia seized under the provisions of this chapter or a regulation of the department, unless forfeited by order of the court, shall be returned, after completion of the case and payment of the fine, if any.
Alaska Stat. § 16.43.855 — AK Code / Title 16 / Chapter 16.43 / Section 16.43.855
Assessment of points.
Status: in_force

(a) Notice of each assessment of points shall be given to the permit holder. Notice shall also be given to the permit holder before the expiration of a suspension of commercial salmon fishing privileges under AS 16.43.850 (d) that subsequent violations of commercial fishing laws in the salmon fishery may result in further suspensions of the permit. The notice may be given by first class mail.

(b) The time periods provided for in AS 16.43.850 for the accumulation of points shall be based on the date of conviction, either on a plea of guilty, nolo contendere, or a forfeiture of bail or collateral, or as a result of a trial, for violation of a commercial salmon fishing law.

(c) The assessment of points against a permit holder by the commission under AS 16.43.850  16.43.895 is in addition to, and not in substitution for, other provisions of this title and is not a substitute for any penalty imposed by a court.

(d) If points are assessed against a permit holder who holds a commercial fishing permit for a salmon fishery under an emergency transfer approved by the commission under AS 16.43.180 , the same number of points shall also be assessed against the transferor of the permit. Points assessed against the transferor of the permit under this subsection shall be included in calculations made under AS 16.43.850 (d).
Alaska Stat. § 16.43.371 — AK Code / Title 16 / Chapter 16.43 / Section 16.43.371
Accounting of harvest.
Status: in_force

The recipient of an educational entry permit shall report to the commission costs and earnings, amount of harvest, and other information the commission requires to monitor training programs of recipients of educational entry permits.
Alaska Stat. § 16.05.791 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.791
Civil remedies for violation of AS 16.05.790.
Status: in_force

(a) A person aggrieved by conduct or threatened conduct in violation of AS 16.05.790 may petition a superior court to enjoin the respondent from engaging in the conduct.

(b) A person aggrieved by a violation of AS 16.05.790 is entitled to recover general damages and special damages, including license and permit fees, travel costs, guide-outfitting fees, costs for special equipment and supplies, and other related expenses.

(c) A court may award punitive damages in addition to the damages set out in (b) of this section.
Alaska Stat. § 16.10.840 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.840
Definitions.
Status: in_force

In AS 16.10.801  16.10.840, (1) commissioner means the commissioner of commerce, community, and economic development;

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

Article 14. Mariculture Revolving Loan Fund.
Alaska Stat. § 16.43.227 — AK Code / Title 16 / Chapter 16.43 / Section 16.43.227
Southeast Alaska Dungeness crab fishery.
Status: in_force

(a) The commission may establish a moratorium on new entrants into the southeast Alaska Dungeness crab fishery for a continuous period of up to four years without complying with AS 16.43.225 (a)  (c). While the moratorium is in effect, the commission shall (1) conduct the investigation required under AS 16.43.225 (d);

(2) establish by regulation the qualifications for an interim-use permit for the fishery, including minimum requirements for past or present participation and harvest in the fishery; and

(3) issue interim-use permits for the fishery to applicants who satisfy the qualifications established under (2) of this subsection and who establish the present ability and intent to participate actively in the fishery.

(b) 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 .
Alaska Stat. § 16.05.241 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.241
Powers excluded.
Status: in_force

The boards have regulation-making powers as set out in this chapter, but do not have administrative, budgeting, or fiscal powers.
Alaska Stat. § 16.10.030 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.030
Penalty for violation of AS 16.10.010  16.10.050.
Status: in_force

A person who violates AS 16.10.010  16.10.050 is guilty of a misdemeanor and, upon conviction, is punishable by a fine of not less than $100 nor more than $500.
Alaska Stat. § 16.05.902 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.902
Personnel and equipment used in exploration work.
Status: in_force

Alaska residents and equipment shall be given preference in exploration work to be done by the department.
Alaska Stat. § 16.10.342 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.342
Foreclosure expense account.
Status: reserved

(a) There is established as a special account within the commercial fishing revolving loan fund the foreclosure expense account.

(b) [Repealed, § 72 ch 113 SLA 1982.] (c) The commissioner may expend money credited to the foreclosure expense account when necessary to protect the state's security interest in collateral on loans granted under AS 16.10.300  16.10.370 or to defray expenses incurred during foreclosure proceedings after a default by an obligor.
Alaska Stat. § 16.10.110 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.110
Penalty for violation of AS 16.10.100.
Status: in_force

A person who violates AS 16.10.100 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. § 16.05.090 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.090
Organization of the department.
Status: reserved

(a) The commissioner may, with the approval of the governor, establish a departmental division of commercial fisheries, a departmental division of sport fisheries, a departmental division of game, and other departmental divisions as are necessary.

(b) [Repealed, § 3 E.O. No. 86 (1993).] (c) There is established in the department a section of subsistence hunting and fishing.
Alaska Stat. § 16.43.100 — AK Code / Title 16 / Chapter 16.43 / Section 16.43.100
Duties and general powers.
Status: reserved

(a) To accomplish the purposes set out in AS 16.43.010 , the commission shall (1) regulate entry into the commercial fisheries for all fishery resources in the state;

(2) establish priorities for the application of the provisions of this chapter to the various commercial fisheries of the state;

(3) establish administrative areas suitable for regulating and controlling entry into the commercial fisheries;

(4) establish, for all types of gear, the maximum number of entry permits for each administrative area;

(5) designate, when necessary to accomplish the purposes of this chapter, particular species for which separate interim-use permits or entry permits will be issued;

(6) establish qualifications for the issuance of entry permits;

(7) issue entry permits to qualified applicants;

(8) issue interim-use permits as provided in AS 16.43.210 , 16.43.220, and 16.43.225;

(9) establish, for all types of gear, the optimum number of entry permits for each administrative area;

(10) administer the buy-back program provided for in AS 16.43.310 and 16.43.320 to reduce the number of outstanding entry permits to the optimum number of entry permits;

(11) provide for the transfer and reissuance of entry permits to qualified transferees;

(12) provide for the transfer and reissuance of entry permits for alternative types of legal gear, in a manner consistent with the purposes of this chapter;

(13) establish and administer the collection of the annual fees provided for in AS 16.43.160 ;

(14) administer the issuance of commercial fishing vessel licenses under AS 16.05.490 ;

(15) issue educational entry permits to applicants who qualify under the provisions of AS 16.43.340  16.43.390;

(16) establish reasonable user fees for services;

(17) issue landing permits under AS 16.05.675 and regulations adopted under that section;

(18) establish and collect annual fees for the issuance of landing permits that reasonably reflect the costs incurred in the administration and enforcement of provisions of law related to landing permits;

(19) establish a moratorium on entry into commercial fisheries as provided in AS 16.43.225 ; and

(20) when requested by a regional development organization formed under former AS 44.33.895 , provide to the organization, without charge, public information contained in the commission's data with respect to relevant fisheries, including limited fisheries, fishery participants, and limited entry permit holders' harvests and earnings.

(21) [Repealed, § 20 ch 2 SLA 2014.] (b) The commission may do all things necessary to the exercise of its powers under this chapter, whether or not specifically designated in this chapter.
Alaska Stat. § 16.05.782 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.782
Taking of brown or grizzly bear near solid waste disposal facility prohibited.
Status: in_force

(a) Except as provided in (d) of this section, a person who with criminal negligence takes a brown or grizzly bear within one-half mile of a solid waste disposal facility is guilty of a class A misdemeanor.

(b) In addition to the penalty imposed by law under (a) of this section, the court shall order forfeiture of the hide and skull of the bear, but if the hide and skull are not salvaged and delivered to the department then the court shall impose an additional fine of up to $10,000.

(c) It is an affirmative defense to a prosecution under (a) of this section that the person took the bear in defense of life or property if the person who took the bear shows by a preponderance of the evidence that (1) the necessity for the taking was not brought about by harassment or provocation of the bear by the person who took the bear;

(2) the necessity for the taking was not brought about by the negligent disposal of garbage or the creation of a similar attractive nuisance by the person who took the bear; and

(3) the person exhausted all other practicable means to protect life and property before the bear was taken.

(d) Notwithstanding (a)  (c) of this section, the department may authorize the taking of a problem brown or grizzly bear within one-half mile of a solid waste disposal facility at any time, if the taking of the bear is necessary to protect the public and is consistent with sound game management principles.

(e) In this section (1) criminal negligence has the meaning given in AS 11.81.900 (a);

(2) property means (A) a dwelling, permanent or temporary;

(B) an aircraft, boat, automobile, or other conveyance;

(C) a domestic animal;

(D) other property of substantial value necessary for the livelihood or survival of the owner;

(3) solid waste disposal facility means a facility for the disposal of solid waste, other than sewage, for which a prior authorization has been issued under AS 46.03.100 .
Alaska Stat. § 16.43.860 — AK Code / Title 16 / Chapter 16.43 / Section 16.43.860
Suspension.
Status: in_force

(a) A permit holder whose commercial salmon fishing privileges for a salmon fishery are suspended under AS 16.43.850  16.43.895 may not obtain an entry permit or interim-use permit for that salmon fishery during the period of the suspension of the privileges. During the period for which the permit holder's privilege to obtain an entry permit or interim-use permit for a salmon fishery is suspended under this section, the commission may not issue a permit card to the permit holder for that fishery.

(b) A permit holder whose privilege of obtaining a commercial fishing permit for a salmon fishery is suspended under AS 16.43.850  16.43.895 may not (1) engage in the salmon fishery under a crewmember license; or

(2) lease or rent the permit holder's interest in a boat to another person if the boat would be used in the salmon fishery for which the permit holder's fishing privileges are suspended.

(c) If, during the period for which a permit holder's commercial fishing privileges for a salmon fishery are suspended, the commission establishes a limited entry system for the salmon fishery, the permit holder shall be eligible to obtain an entry permit for that fishery to the extent that the permit holder qualifies for the entry permit under regulations adopted by the commission. If the permit holder qualifies for an entry permit for the fishery, the commission shall withhold issuance of the entry permit until the period of the suspension imposed under AS 16.43.850  16.43.895 has expired.

(d) The commission may not transfer a commercial fishing permit for a salmon fishery under an emergency transfer under AS 16.43.180 if, at the time of the application for the emergency transfer, the permit holder's commercial salmon fishing privileges for the salmon fishery have been suspended.
Alaska Stat. § 16.05.495 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.495
Vessel license exemption.
Status: in_force

A vessel used exclusively for the commercial capture of salmon in commercial salmon administrative management areas that include state water between the latitude of Point Romanof and the latitude of Cape Newenham, and state water surrounding Nunivak Island, or at a set net site, is exempt from the licensing requirements of AS 16.05.490 .
Alaska Stat. § 16.12.090 — AK Code / Title 16 / Chapter 16.12 / Section 16.12.090
Cost recovery fisheries.
Status: in_force

(a) A permit holder may harvest shellfish for a project under AS 16.12.010 in a special harvest area through (1) agents or employees of or persons under contract with the permit holder as provided under a permit from the department or regulations of the Board of Fisheries; or

(2) the common property fishery under this section.

(b) A permit holder may, by a majority vote of the membership of the permit holder's board of directors, elect to harvest shellfish in a special harvest area established for a project under AS 16.12.010 through the common property fishery. A permit holder seeking to harvest shellfish in a special harvest area through a common property fishery shall notify the Department of Revenue by July 1 of the year preceding the year for which the harvest is sought. At the request of the permit holder and if the commissioner determines that there are no allocative issues involved, and after reasonable consultation with affected commercial fishermen, the commissioner may adopt regulations governing the harvest of shellfish in a special harvest area through a common property fishery. The regulations must specify the terms, conditions, and rules under which the common property fishery in the special harvest area shall be conducted, including requirements for holding inspections and reporting of harvests and sales of shellfish taken in the special harvest area. Following adoption of regulations by the department, before January 15 of each year, the permit holder's board, by a majority vote of the board's membership, may determine whether the permit holder will operate under the regulations adopted under this subsection during the current calendar year and shall notify the department if the permit holder intends to operate under the regulations adopted under this subsection. The Board of Fisheries may adopt regulations under AS 16.05.251 regarding a fisheries management plan governing operations under this subsection in a special harvest area, including allocation plans. Participation in the fishery must be open to all interim-use permit and entry permit holders who hold permits to operate a type of gear that may be used in the fishing district in which the special harvest area is located if that type of gear is authorized by regulation to be used in the special harvest area. An interim-use permit holder or an entry permit holder who takes shellfish in a common property fishery in a special harvest area may sell the shellfish to a fish buyer or processor who is licensed to do business in the state.

(c) As a condition of participation in a common property shellfish fishery in a special harvest area under this section, a commercial fisherman who participates in the fishery is subject to the payment of the assessment levied under (d) of this section on the projected value of the shellfish or on the pounds of shellfish harvested. The assessment is levied on the shellfish that the commercial fisherman takes in the special harvest area and sells to a licensed buyer. The buyer of the shellfish must be licensed under AS 43.75 , and the buyer shall collect the assessment on shellfish taken in a special harvest area at the time of purchase and remit the assessment to the Department of Revenue in accordance with regulations adopted by the Department of Revenue.

(d) The Department of Revenue may, by regulation, set the assessment levied on shellfish taken in a special harvest area on an annual basis in consultation with the Department of Commerce, Community, and Economic Development, the permit holder, and representatives of affected commercial fishermen. The Department of Revenue shall set an annual assessment under this section not later than January 1 of that year. The assessment must provide sufficient revenue to cover debt service, reasonable operating expenses, reasonable maintenance expenses, and development or maintenance of a reserve fund up to 100 percent of annual operating costs of the permit holder's project under AS 16.12.010 . In setting the assessment, the Department of Revenue shall consider the estimated harvest of shellfish in the special harvest area, the projected price to be paid for shellfish in the region, the amount of the existing reserve held by the permit holder, and the amount by which the assessment collected in previous years exceeded or fell short of the amount anticipated to be collected. The assessment may not exceed 50 percent of the value of the shellfish. The Department of Revenue may levy the assessment as a percentage of the projected value of the shellfish harvested in the special harvest area or as a flat rate on each pound of shellfish harvested in the area, to the nearest whole cent.

(e) The Department of Revenue shall deposit the assessments collected under this section in the general fund. The legislature may appropriate the funds collected under this section to the permit holder who is carrying out a project under AS 16.12.010 , including the operation of a facility, in the special harvest area in which the assessment was levied. A permit holder shall use funds appropriated under this subsection for the purposes set out under AS 16.12.080 (a). The legislature may also appropriate funds collected under this section to the Department of Revenue for costs incurred by the Department of Revenue under this section.

(f) A person who violates a regulation adopted under (b) of this section is guilty of a violation under AS 16.05.722 or a misdemeanor under AS 16.05.723 . A person who violates a regulation adopted by the Department of Revenue under (c) of this section is guilty of a class A misdemeanor.

(g) In this section, (1) special harvest area means an area designated by the commissioner or the Board of Fisheries where shellfish may be harvested by permit holders under this chapter and by the common property fishery;

(2) value has the meaning given in AS 43.75.290 .
Alaska Stat. § 16.05.790 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.790
Obstruction or hindrance of lawful hunting, fishing, trapping, or viewing of fish or game.
Status: in_force

(a) Except as provided in (e) of this section, a person may not intentionally obstruct or hinder another person's lawful hunting, fishing, trapping, or viewing of fish or game by (1) placing one's self in a location in which human presence may alter the (A) behavior of the fish or game that another person is attempting to take or view; or

(B) feasibility of taking or viewing fish or game by another person; or

(2) creating a visual, aural, olfactory, or physical stimulus in order to alter the behavior of the fish or game that another person is attempting to take or view.

(b) Notwithstanding AS 12.25 , only a peace officer may arrest a person for violating this section. A peace officer who has probable cause to believe that a person has violated this section may arrest or cite the person or order the person to desist.

(c) In a prosecution under this section, it is an affirmative defense that the person was lawfully entitled to obstruct or hinder the hunting, fishing, trapping, or viewing of fish or game.

(d) This section does not apply to (1) lawful competitive practices among persons engaged in lawful hunting, fishing, or trapping;

(2) actions taken on private property with the consent of the owner; or

(3) the obstruction or hindrance of the viewing of fish or game by a person actively engaged in lawful fishing, hunting, or trapping.

(e) A person who violates this section is guilty of a misdemeanor and is punishable by a fine of not more than $500 or imprisonment for not more than 30 days, or both.

(f) For purposes of (a) of this section, lawful means (1) in compliance with (A) this title, regulations adopted under this title, or applicable federal statutes and regulations;

(B) the Marine Mammal Protection Act (P.L. 92-522) or the Endangered Species Act (P.L. 93-205); or

(C) federal regulations adopted under 16 U.S.C. 3111  3126 relating to subsistence hunting, fishing, or trapping on federal land; and

(2) with the permission of the private landowner if the hunting, fishing, trapping, or viewing of fish or game occurs on private land.
Alaska Stat. § 16.20.190 — AK Code / Title 16 / Chapter 16.20 / Section 16.20.190
Determining endangered species.
Status: in_force

(a) A species or subspecies of fish or wildlife is considered endangered when the commissioner of fish and game determines that its numbers have decreased to such an extent as to indicate that its continued existence is threatened. In making this determination the commissioner of fish and game shall consider (1) the destruction, drastic modification, or severe curtailment of its habitat;

(2) its overutilization for commercial or sporting purposes;

(3) the effect on it of disease or predation;

(4) other natural or man-made factors affecting its continued existence.

(b) After making a determination under (a) of this section, the commissioner of fish and game shall, in accordance with AS 44.62 (Administrative Procedure Act), publish a list of the species or subspecies of fish and wildlife that are endangered. The commissioner shall, at least once every two years thereafter, conduct a thorough review of the list to determine what changes have occurred concerning the species or subspecies listed. Consideration of existing species or subspecies of fish and wildlife for listing under this section shall be made on a continuing basis. The review of listed species or subspecies conducted under this section shall be submitted in writing to the governor and the legislature and shall be made available to the public.

(c) In making the determination and review under (a) and (b) of this section, the commissioner of fish and game shall seek the advice and recommendation of interested persons and organizations, including but not limited to ornithologists, ichthyologists, ecologists, and zoologists.
Alaska Stat. § 16.05.405 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.405
Taking fish and game by proxy.
Status: in_force

(a) Subject to regulations adopted by the Board of Fisheries or the Board of Game to implement this section, including regulations relating to or restricting seasons, areas, methods and means, and species, a resident may take fish or game harvested primarily for food on behalf of another person under this section.

(b) Notwithstanding AS 16.05.420 (c), a resident holding a valid resident hunting license may take game on behalf of a person who is blind, a person with physical or developmental disabilities, or a person who is 65 years of age or older if the resident possesses on the resident's person (1) a document signed by the person on whose behalf the game is taken, stating that the resident possesses the person's hunting license or permanent identification card issued under AS 16.05.400 (b) in order to take game on behalf of that person; and

(2) the person's (A) resident hunting license issued under AS 16.05.403 or permanent identification card issued under AS 16.05.400 (b); and

(B) harvest ticket, tag, stamp, or other document required by law as a condition of taking the game being hunted.

(c) Notwithstanding AS 16.05.420 (c), a resident holding a valid noncommercial fishing license may take fish on behalf of a person who is blind, a person with physical or developmental disabilities, or a person who is 65 years of age or older if the resident possesses on the resident's person (1) a document signed by the person on whose behalf the fish is taken, stating that the resident possesses the person's sport fishing license, subsistence fishing permit, personal use fishing permit, or permanent identification card issued under AS 16.05.400 (b) in order to take fish on behalf of that person;

(2) the person's (A) resident sport fishing license issued under AS 16.05.403 or permanent identification card issued under AS 16.05.400 (b);

(B) resident subsistence fishing permit issued under AS 16.05.403 ; or

(C) resident personal use fishing permit issued under AS 16.05.403 ; and

(3) all other documents issued to the person that are required by law as a condition of taking the fish being pursued.

(d) A resident who takes fish or game on behalf of another person under this section may, subject to applicable regulations of the Board of Fisheries or the Board of Game, take the fish or game only under those conditions that would apply to the other person if the other person took the fish or game personally.

(e) A resident who takes, or attempts to take, fish or game on behalf of a person under this section may also simultaneously engage in fishing or hunting for the resident's use; however, the resident may not take or attempt to take fish or game by proxy for more than one person at a time. For the purposes of this subsection, a resident is engaged in taking, or attempting to take, fish or game by proxy while the resident has possession of (1) another person's (A) license, permit, or identification card issued under AS 16.05.400 (b) and all other documents issued to the person that are required by law as a condition of taking the fish or game being pursued; and

(B) signed document under (b)(1) or (c)(1) of this section; or

(2) fish or game taken on behalf of another person.

(f) A resident who takes fish or game on behalf on another person under this section shall (1) complete reports relating to the taking of the fish or game as required by the commissioner of fish and game under AS 16.05.370 ;

(2) deliver all parts of fish and game removed from the field to the person on whose behalf the fish or game was taken within a reasonable time after the fish or game is taken; and

(3) until the fish or game is delivered to the person on whose behalf the fish or game was taken, retain the person's (A) license or permit and all other documents issued to the person that are required by law as a condition of taking the fish or game; and

(B) signed document required under (b)(1) or (c)(1) of this section.
Alaska Stat. § 16.10.294 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.294
Administrative and judicial orders.
Status: reserved

(a) [Repealed, § 4, E.O. No. 85 (1993).] (b) [Repealed, § 4, E.O. No. 85 (1993).] (c) [Repealed, § 4, E.O. No. 85 (1993).] (d) [Repealed, § 4, E.O. No. 85 (1993).] (e) If the commissioner determines that a fish processor or primary fish buyer is acting in violation of AS 16.10.270  16.10.280, the commissioner shall give written notice prohibiting further action by the person as a fish processor or primary fish buyer. The prohibition continues until the person has submitted evidence acceptable to the commissioner showing that the violation has been corrected.

(f) A person affected by an order issued under AS 16.10.265  16.10.296 may seek equitable relief preventing the commissioner from enforcing the order.

(g) In an action instituted in the superior court by the commissioner or a representative of the commissioner, a person acting in the capacity of a fish processor or primary fish buyer in violation of AS 16.10.265  16.10.296 may be enjoined from acting as a fish processor or primary fish buyer.
Alaska Stat. § 16.10.220 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.220
Penalty for violation of AS 16.10.200 and 16.10.210.
Status: in_force

A person who violates AS 16.10.200 and 16.10.210 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.
Alaska Stat. § 16.05.826 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.826
Waterfowl conservation stamp program.
Status: reserved

(a) The waterfowl conservation tag authorized in AS 16.05.340 (a)(17) shall be produced annually in stamp form by the department in an amount the commissioner considers appropriate. The department shall make stamps available for the creation of waterfowl conservation limited edition prints and shall provide for the sale of stamps and prints to the public.

(b) The department shall provide by appropriate means for the selection of the design of the annual waterfowl conservation stamp and for the production and sale of the stamps.

(c) The department may contract to others the performance of the department's responsibilities under this section. Contracting under this subsection is governed by AS 36.30 (State Procurement Code), except that a contract may include provisions for advance payment or reimbursement for services performed under the contract. All costs incurred under this section may be paid from the fish and game fund.

(d) [Repealed, § 28 ch 90 SLA 1991.]
Alaska Stat. § 16.40.240 — AK Code / Title 16 / Chapter 16.40 / Section 16.40.240
Regional dive fishery development associations.
Status: in_force

(a) The commissioner shall assist in and encourage the formation of qualified regional dive fishery development associations for the purpose of developing dive fisheries in administrative areas of the state in which dive fisheries exist. A regional dive fishery development association is qualified if the commissioner determines that the regional association (1) is incorporated as a nonprofit corporation under AS 10.20 ;

(2) represents commercial fishermen who participate in each dive fishery in the region; and

(3) possesses a board of directors that (A) is representative of commercial dive fishermen who fish in each of the significant commercial dive fishing areas in the administrative area;

(B) has a member who is representative of fish processors who process dive fishery resources in the administrative area; and

(C) has a member who is representative of municipalities in the administrative area.

(b) In this section, administrative area has the meaning given in AS 43.76.210 .
Alaska Stat. § 16.10.055 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.055
Interference with commercial fishing gear.
Status: in_force

A person who wilfully or with reckless disregard of the consequences, interferes with or damages the commercial fishing gear of another person is guilty of a misdemeanor. For the purposes of this section interference means the physical disturbance of gear which results in economic loss or loss of fishing time, and reckless disregard of the consequences means a lack of consideration for the consequences of one's acts in a manner that is reasonably likely to damage the property of another.
Alaska Stat. § 16.12.050 — AK Code / Title 16 / Chapter 16.12 / Section 16.12.050
Regulations relating to released shellfish.
Status: in_force

(a) Shellfish released into the natural water of the state by a permit holder under this chapter are available to the people for common use and are subject to regulation under applicable law in the same way as shellfish occurring in their natural state except when they are in a special location designated by the department for harvest by a permit holder.

(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 of wild brood stock, the harvest of shellfish by permit holders, and the specific locations designated by the department for harvest. The Board of Fisheries may not adopt a regulation or take an action regarding the issuance or denial of a permit required in this chapter.
Alaska Stat. § 16.12.080 — AK Code / Title 16 / Chapter 16.12 / Section 16.12.080
Sale of shellfish; use of proceeds; quality and price.
Status: in_force

(a) A permit holder that sells shellfish harvested from the natural water of the state, or sells shellfish to another permit holder under this chapter, shall use the funds only for reasonable operating costs, including debt retirement, expanding its facilities, a project permitted under AS 16.12.010 , shellfish research, or to assist in meeting the department's costs of managing the affected fisheries for the area in which the shellfish release is located.

(b) A permit holder shall ensure that shellfish harvested and sold for human consumption are of comparable quality to shellfish harvested by commercial fisheries in the area and are sold at prices commensurate with the current market.
Alaska Stat. § 16.43.410 — AK Code / Title 16 / Chapter 16.43 / Section 16.43.410
Term and conditions of special harvest area entry permits.
Status: in_force

(a) Special harvest area entry permits may be applied for on an annual basis and shall be issued for a term of one year. A permit is nontransferable.

(b) A special harvest area entry permit may only be issued for the applicable area designated by the Department of Fish and Game as a special harvest area.

(c) The annual fee for a special harvest area entry permit shall be specified by commission regulation under the authority of AS 16.43.160 .
Alaska Stat. § 16.10.020 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.020
Grounds for permit or license.
Status: in_force

If in the judgment of the Department of Environmental Conservation, the purpose of the applicant for the permit or license is to develop power, obtain water for civic, domestic, irrigation, manufacturing, mining, or other purposes tending to develop the natural resources of the state, the department may grant the permit or license and may require the applicant to construct and maintain adequate fish ladders, fishways, or other means by which fish may pass over, around, or through the dam, obstruction or diversion in the pursuit of the propagation or spawning process.
Alaska Stat. § 16.10.400 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.400
Permits for salmon hatcheries.
Status: reserved

(a) The commissioner or a designee may issue a permit, subject to the restrictions imposed by statute or regulation under AS 16.10.400  16.10.470, to a nonprofit corporation organized under AS 10.20 , after the permit application has been reviewed by the regional planning team, for (1) the construction and operation of a salmon hatchery;

(2) the operation of a hatchery under AS 16.10.480 .

(b) The application for a permit under this section shall be on a form prescribed by the department and be accompanied by an application fee in the amount determined under (h) of this section. The commissioner may waive the submission of an application for a permit to operate a hatchery under AS 16.10.480 .

(c) A hatchery permit is nontransferable. If a permit holder sells or leases a hatchery for which a permit is issued under this section, the new operator shall apply for a new permit under this section.

(d) [Repealed, § 19 ch 154 SLA 1977.] (e) A qualified regional association formed under AS 16.10.380 , if it has become a nonprofit corporation under AS 10.20 , has a preference right to a permit under (a)(1) of this section if its proposed hatchery is provided for in the comprehensive plan for that region developed under AS 16.10.375 and the fresh water source exceeds one cubic foot per second minimum flow. Another local nonprofit hatchery corporation approved by a qualified regional association has an identical preference right.

(f) Except for permits issued before June 16, 1976, a permit may not be issued for construction or operation of a hatchery on an anadromous fish stream unless the stream has been classified as suitable for enhancement purposes by the commissioner. The commissioner shall undertake to make such classifications in conjunction with the development of the comprehensive plan under AS 16.10.375 .

(g) During the development of a comprehensive plan for a region a permit may not be issued for a hatchery unless the commissioner determines that the action would result in substantial public benefits and would not jeopardize natural stocks.

(h) The department shall establish by regulation an application fee under this section in an amount that provides for the total amount of fees collected under (b) of this section to approximately equal the department's actual costs of processing permit applications under this chapter. The department shall annually review the fee level to determine whether the department's costs of processing permit applications under this chapter are approximately equal to the fees collected. If the review indicates that fees collected and these costs are not approximately equal, the department shall adjust the application fee by regulation. In January of each year, the department shall report the fee level and any revision made for the previous year under this subsection to the office of management and budget.
Alaska Stat. § 16.10.520 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.520
Limitation on loans.
Status: in_force

(a) A single fisheries enhancement loan may not exceed $10,000,000 for a hatchery or other enhancement or rehabilitation activity conducted under a permit granted to a qualified regional association that has formed a nonprofit corporation, or to a local nonprofit corporation approved by a qualified regional association. A loan for any other nonprofit hatchery corporation project may not exceed $1,000,000.

(b) Loans for the total project costs may be made if the commissioner determines that the applicant has sufficient financial resources to insure the establishment of an equity position in the project equal to 10 percent of the loan within 10 years or less, either through a royalty assessment levied under AS 16.10.540 or other means approved by the commissioner. For purposes of this subsection, total project costs includes planning and construction costs for the facility and the cost of operations for not more than the first 10 years. The costs for operations shall be loaned on an annual basis.

(c) All loans shall be secured by collateral satisfactory to the commissioner, including but not limited to a first deed of trust, assignment of lease and leasehold improvements, sale of surplus fish from the hatchery, or royalty assessments from fishermen levied under AS 16.10.540 .

(d) The commissioner may require adequate evidence of performance in utilizing loan funds approved for an initial or preliminary project before approving a subsequent loan application.

(e) The total amount of loans made or purchased in any fiscal year may not exceed the amount specifically authorized by statute.

(f) The commissioner may not make a loan under AS 16.10.500  16.10.550 from funds available under AS 16.10.340 (c), unless the commissioner determines, in consultation with the appropriate regional planning team established under AS 16.10.375 , that the hatchery or other enhancement or rehabilitation activity for which the loan is requested will provide a significant contribution to common property fisheries, be operated in a manner beneficial to the public interest, and be managed in a financially viable manner that is reasonably expected to result in repayment of the loan.
Alaska Stat. § 16.05.150 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.150
Enforcement authority.
Status: in_force

The following persons are peace officers of the state and they shall enforce this title except AS 16.51 and AS 16.52 : (1) an employee of the department authorized by the commissioner;

(2) a police officer in the state;

(3) any other person authorized by the commissioner.
Alaska Stat. § 16.10.339 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.339
Regulations.
Status: in_force

The department shall adopt regulations to implement AS 16.10.333  16.10.337.
Alaska Stat. § 16.12.040 — AK Code / Title 16 / Chapter 16.12 / Section 16.12.040
Alteration, suspension, or revocation of permit.
Status: in_force

(a) If a permit holder fails to comply with the conditions and terms of the permit issued under AS 16.12.010 within a reasonable period after notification by the department of noncompliance, the permit may be suspended or revoked, in the discretion of the commissioner.

(b) If the commissioner finds that the operation of the permitted activity is not in the best interests of the public, the commissioner may alter the conditions of the permit to mitigate the adverse effects of the operation or, if the adverse effects are irreversible and cannot be mitigated sufficiently, initiate a termination of the operation under the permit over a reasonable period under the circumstances, not to exceed four years. During the period that the operation is being terminated, the permit holder may harvest shellfish under the terms of the permit but may not release additional shellfish.
Alaska Stat. § 16.51.070 — AK Code / Title 16 / Chapter 16.51 / Section 16.51.070
Meetings.
Status: in_force

The board shall meet at least once a year. A meeting of the board shall occur at the call of the chairman, or upon the written request of two members of the board.
Alaska Stat. § 16.05.130 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.130
Diversion of funds prohibited; separate accounts.
Status: reserved

(a) Except as provided in (c) of this section, money accruing to the state from sport fishing, hunting, and trapping licenses, tags, or permit fees may not be diverted to a purpose other than the protection, propagation, investigation, and restoration of sport fish and game resources and the expenses of administering the sport fish and game divisions of the department.

(b) Money accruing to the state from waterfowl conservation tag fees from hunters may not be diverted to a purpose other than (1) the conservation and enhancement of waterfowl; (2) the acquisition, by lease or otherwise, of wetlands that are important for waterfowl and public use of waterfowl in the state; (3) waterfowl related projects approved by the commissioner; (4) the administration of the waterfowl conservation program; and (5) emergencies in the state as determined by the governor. The department shall maintain a state waterfowl tag fee account within the fish and game fund to permit separate accounting records for the receipt and expenditure of money derived from the sale of waterfowl tags. The department shall prepare a report before April 15 of each even-numbered year for the public and the legislature on the use of money derived from waterfowl conservation tags and limited edition prints. The department shall notify the legislature that the report is available.

(c) Money accruing to the state from the sale of resident trapping licenses may only be used for furbearer management. The department shall maintain a furbearer management account within the fish and game fund under AS 16.05.100 for separate accounting of receipt and expenditure of money from the sale of resident trapping licenses. Furbearer management shall be designed to enhance the furbearer population, increase the productivity of furbearer habitats, initiate useful furbearer research, and educate trappers consistent with the goal to provide for an optimum population of furbearers.

(d) Revenue from the sale of general hunting, trapping, and fishing licenses and tags together with the federal matching funds from Pittman  Robertson, Dingell  Johnson/Wallop  Breaux programs shall be allocated by the department to programs intended to directly benefit license purchasers of general hunting, trapping, and fishing licenses. The department shall prepare an annual report by project of expenditures from the fish and game fund and notify the legislature that the report is available.

(e) [Repealed, § 34 ch 18 SLA 2016.] (f) [Repealed, § 34 ch 18 SLA 2016.] (g) Money accruing to the state from the intensive management surcharge imposed under AS 16.05.340 (k) shall be deposited in a separate account known as the sustainable wildlife account in the fish and game fund. Money in the sustainable wildlife account shall be allocated to intensive management programs intended to sustain and enhance big game prey populations under AS 16.05.255 (e).

(h) Money accruing to the state from the auction or raffle of bear viewing permits under AS 16.05.343 (c) shall be deposited in a separate account known as the nongame conservation account in the fish and game fund. Money in the account shall be allocated to programs relating to wildlife sanctuaries and refuges, fish and wildlife diversity, wildlife viewing, educational programs, and related outreach efforts.
Alaska Stat. § 16.10.555 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.555
Disposal of property acquired by default or foreclosure.
Status: in_force

The Department of Commerce, Community, and Economic Development shall dispose of property acquired through default or foreclosure of a loan made under AS 16.10.500  16.10.560. Disposal shall be made in a manner that serves the best interests of the state, and may include the amortization of payments over a period of years.
Alaska Stat. § 16.20.565 — AK Code / Title 16 / Chapter 16.20 / Section 16.20.565
Egegik Critical Habitat Area established.
Status: in_force

The following described area is established as the Egegik Critical Habitat Area: (1) Township 24 South, Range 51 West, Seward Meridian Sections 1  2

Section 11 S 1/2

Section 12 N 1/2;

(2) Township 23 South, Range 51 West, Seward Meridian Section 13

Sections 24  25

Sections 35  36;

(3) Township 23 South, Range 50 West, Seward Meridian Section 7

Sections 18  19

Section 30

Section 31 (not tide or submerged land).
Alaska Stat. § 16.30.020 — AK Code / Title 16 / Chapter 16.30 / Section 16.30.020
Board may exempt animals.
Status: in_force

The provisions of AS 16.30.010 and 16.30.012 do not apply to animals that the board exempts by regulation.
Alaska Stat. § 16.10.900 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.900
Mariculture revolving loan fund.
Status: in_force

(a) The mariculture revolving loan fund is created in the Department of Commerce, Community, and Economic Development to carry out the purposes of AS 16.10.890  16.10.945.

(b) The mariculture 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; and

(3) money chargeable to principal or interest that is collected through liquidation by foreclosure or other process on loans made under AS 16.10.890  16.10.945.

(c) Money in the fund may be used by the legislature to make appropriations for costs of administering AS 16.10.890  16.10.945.

(d) Of the total amount available annually to the department to carry out the purposes of AS 16.10.890  16.10.945, less any funds appropriated under (c) of this section, 60 percent shall be available solely for making loans under AS 16.10.910 (a)(1) and the remainder shall be available solely for making loans under AS 16.10.910 (a)(2).
Alaska Stat. § 16.05.733 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.733
Fish health inspections.
Status: in_force

Fish health inspections determined to be necessary by the department shall be performed by a professional fish health specialist certified by the fish health section of the American Fisheries Society.
Alaska Stat. § 16.10.830 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.830
Disposal of property acquired after default.
Status: in_force

The department shall dispose of property acquired through default of a loan made under AS 16.10.801  16.10.840. Disposal must be made in a manner that serves the best interest of the state and may include the amortization of payments over a period of years.
Alaska Stat. § 16.10.070 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.070
Operation of fish traps.
Status: in_force

Fish traps, including but not limited to floating, pile-driven, or hand-driven fish traps, may not be operated in the state on or over state land, tideland, submerged land, or water. This section does not prevent the operation of small hand-driven fish traps of the type ordinarily used on rivers of the state that are otherwise legally operated in or above the mouth of a stream or river.
Alaska Stat. § 16.40.030 — AK Code / Title 16 / Chapter 16.40 / Section 16.40.030
Information required.
Status: in_force

The recipient of animals obtained under AS 16.40.010 shall furnish the department the information the department requests regarding the status of the animals or their offspring.
Alaska Stat. § 16.43.870 — AK Code / Title 16 / Chapter 16.43 / Section 16.43.870
Notice and appeal.
Status: in_force

The commission shall provide notice of determinations of the commission under AS 16.43.850  16.43.895. Respondents may request a hearing under regulations adopted by the commission under AS 16.43.110 .
Alaska Stat. § 16.10.460 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.460
Inspection of hatchery.
Status: in_force

(a) As a condition of and in consideration for a permit to operate a hatchery under AS 16.10.400  16.10.470, an inspection of the hatchery facility by department inspectors shall be permitted by the permit holder at any time the hatchery is operating. The inspection shall be conducted in a reasonable manner.

(b) The cost of an inspection performed by the department under AS 16.10.400  16.10.470 shall be borne by the department.
Alaska Stat. § 16.10.375 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.375
Regional salmon plans.
Status: in_force

The commissioner shall designate regions of the state for the purpose of salmon production and have developed and amend as necessary a comprehensive salmon plan for each region, including provisions for both public and private nonprofit hatchery systems. Subject to plan approval by the commissioner, comprehensive salmon plans shall be developed by regional planning teams consisting of department personnel and representatives of the appropriate qualified regional associations formed under AS 16.10.380 .
Alaska Stat. § 16.51.080 — AK Code / Title 16 / Chapter 16.51 / Section 16.51.080
Employment of personnel.
Status: in_force

The board may employ and determine the salary of an executive director. The executive director may, with the approval of the board, select and employ additional staff as necessary. The executive director and all employees of the board are in the exempt service under AS 39.25 .
Alaska Stat. § 16.05.800 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.800
Public nuisances.
Status: in_force

A net, seine, lantern, snare, device, contrivance, and material while in use, had and maintained for the purpose of catching, taking, killing, attracting, or decoying fish or game, contrary to law or regulation of a board or the commissioner, is a public nuisance and is subject to abatement.
Alaska Stat. § 16.35.210 — AK Code / Title 16 / Chapter 16.35 / Section 16.35.210
Nonindigenous fish.
Status: in_force

(a) A person may not knowingly release, or transport, possess, import, or export for the purpose of release, into the water of the state live nonindigenous fish or live fertilized eggs of nonindigenous fish, unless permitted by AS 16.05  AS 16.40 or by a regulation adopted under AS 16.05  AS 16.40 . This subsection does not apply to (1) a fisherman who catches and releases a fish into the water from which the fish was taken; or

(2) generally accepted conduct in relation to permitted salt water commercial or sport fishing.

(b) A person may not knowingly rear live ornamental fish in, or release live ornamental fish into, the water of the state.

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

(d) In addition to the penalty imposed under (c) of this section, a person who is convicted of violating this section may be ordered by the court to pay restitution to the state to cover the costs of damages to fishery resources of the state and of removing the introduced fish species from the water of the state.

(e) In this section, (1) knowingly has the meaning given in AS 11.81.900 ;

(2) nonindigenous fish means a species of fish that is not native to the body of water in which the fish is released or is intended to be released;

(3) ornamental fish means an aquatic finfish, commonly referred to as tropical fish, aquarium fish, or goldfish, an aquatic invertebrate, or an amphibian that is imported, cultured, or sold in the state customarily for viewing in an aquarium or for raising in an artificial containment system and that is not customarily used for sport fishing in the state or used for human consumption;

(4) water of the state means any water of the state forming a river, stream, lake, pond, slough, creek, bay, sound, estuary, inlet, strait, passage, canal, sea, or ocean, or any other body of water or waterway within the territorial limits of the state.
Alaska Stat. § 16.05.110 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.110
Composition of fund.
Status: in_force

(a) The fish and game fund shall be made up of the following money and other money the legislature appropriates, which shall be deposited and retained in the fund until expended: (1) money received from the sale of state sport fishing, hunting, and trapping licenses, tags, and special permits, waterfowl conservation tags purchased by hunters, and anadromous salmon tags purchased by fishermen;

(2) proceeds received from the sale of furs, skins, and specimens taken by predator hunters and other employees;

(3) money received in settlement of a claim or loss caused by damage to the fish and game resources of the state;

(4) money received from federal, state, or other governmental unit, or from a private donor for fish and game purposes;

(5) interest earned upon money in the fund;

(6) money from any other source.

(b) Except for money received as fisheries fines or forfeitures in settlement of a claim or loss caused by damage to the fish resources of the state that is appropriated to or through the division of commercial fisheries management and development, appropriations of money from the fish and game fund and of money received by the state under the federal aid acts described under AS 16.05.140 shall be made to the division of wildlife conservation or the division of sport fish. The division of wildlife conservation or the division of sport fish may use money appropriated under this subsection to acquire administrative and other services from other agencies if the division acquires the services through reimbursable services agreements. The division of wildlife conservation and the division of sport fish shall include as part of their budgets prepared under AS 37.07.050 (1) a listing of the reimbursable services agreements that are to be funded with money appropriated under this subsection;

(2) a description of the services to be provided under those agreements; and

(3) a listing of the entities that are parties to those agreements.
Alaska Stat. § 16.10.815 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.815
Limitations on loans.
Status: in_force

(a) Except as provided in (b) of this section, a loan under AS 16.10.801  16.10.840 (1) for a charter halibut permit may not exceed the permit value determined by a 12-month rolling average set quarterly by the department for like permits;

(2) for a loan other than a loan for a charter halibut permit may not exceed $100,000 a year;

(3) may not exceed a term of 15 years, except for extensions under AS 16.10.805 ;

(4) may not bear interest at a rate greater than the prime rate, as defined in AS 44.88.599 , plus two percentage points, but which may not be less than six percent a year or more than 10 1/2 percent a year;

(5) must be secured by a first priority lien on collateral acceptable to the commissioner, which may include collateral other than a charter halibut permit; and

(6) may not be made to a person who has a past due child support obligation established by court order or by the child support services agency under AS 25.27.160  25.27.220 at the time of application.

(b) The total balances outstanding on loans made to a borrower under AS 16.10.805 may not exceed $200,000.
Alaska Stat. § 16.10.505 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.505
Fisheries enhancement revolving loan fund.
Status: in_force

(a) There is created within the Department of Commerce, Community, and Economic Development a revolving fund to be known as the fisheries enhancement revolving loan fund. Except as provided in (b) and (c) of this section, the fund shall be used to carry out the purposes of AS 16.10.500  16.10.560 and for no other purpose. All principal and interest payments, and money chargeable to principal or interest that is collected through liquidation by foreclosure or other process on loans made under AS 16.10.500  16.10.560, shall be paid into the fisheries enhancement revolving loan fund.

(b) Money in the fund may be used by the legislature to make appropriations for costs of administering AS 16.10.500  16.10.560.

(c) Money in the fund that the commissioner determines to be excess to that needed to carry out the purpose of AS 16.10.500  16.10.560 may be used to carry out the purpose of AS 16.10.300  16.10.370.
Alaska Stat. § 16.10.507 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.507
Foreclosure expense account.
Status: in_force

(a) There is established as a special account within the fisheries enhancement revolving loan fund the foreclosure expense account. This account is established as a reserve from fund equity.

(b) The commissioner may expend money credited to the foreclosure expense account when necessary to protect the state's security interest in collateral on loans made under AS 16.10.520 or to defray expenses incurred during foreclosure proceedings after a default by an obligor.
Alaska Stat. § 16.20.520 — AK Code / Title 16 / Chapter 16.20 / Section 16.20.520
Multiple land use.
Status: in_force

Before the use, lease, or other disposal of land under private ownership or state jurisdiction and control, within state fish and game critical habitat areas created under AS 16.20.500  16.20.690, the person or responsible state department or agency shall notify the commissioner of fish and game. The commissioner shall acknowledge receipt of notice by return mail.
Alaska Stat. § 16.05.430 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.430
Penalties.
Status: in_force

(a) Except as provided in AS 16.05.330 (f),16.05.407(b) and (d), 16.05.408(b), and 16.05.420(b), a person who violates AS 16.05.330  16.05.420 or a regulation adopted under AS 16.05.330  16.05.420 is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than $1,000, or by imprisonment for not more than six months, or by both.

(b) The proceeds of all fines shall be transmitted by the court to the proper state officer for deposit in the general fund of the state.

Article 4. Licensing of Commercial Fishing Crewmembers and Vessels.
Alaska Stat. § 16.40.210 — AK Code / Title 16 / Chapter 16.40 / Section 16.40.210
Finfish farming prohibited.
Status: in_force

(a) A person may not grow or cultivate finfish in captivity or under positive control for commercial purposes.

(b) This section does not restrict (1) the fishery rehabilitation, enhancement, or development activities of the department;

(2) the ability of a nonprofit corporation that holds a salmon hatchery permit under AS 16.10.400 to sell salmon returning from the natural water of the state, as authorized under AS 16.10.450 , or surplus salmon eggs, as authorized under AS 16.10.420 and 16.10.450;

(3) rearing and sale of ornamental finfish for aquariums or ornamental ponds provided that the fish are not reared in or released into water of the state.

(c) In this section ornamental finfish means fish commonly known as tropical fish, aquarium fish, or goldfish, that are imported, cultured, or sold in the state customarily for viewing in aquaria or for raising in artificial systems, and not customarily used for sport fishing or human consumption purposes.

Article 4. Fishery Associations.
Alaska Stat. § 16.05.335 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.335
Complimentary licenses.
Status: in_force

The commissioner shall annually, at the request of the governor, provide the governor with not more than 50 complimentary fishing and hunting licenses and appropriate big game tags which the governor may distribute to distinguished visitors to the state for their use in any one season during their visits to the state. The complimentary license for sport fishing or hunting or both shall be inscribed by the governor with the inclusive dates for its authorized use. The governor shall advise the department on any complimentary issuances, which information shall be available to the public.
Alaska Stat. § 16.20.094 — AK Code / Title 16 / Chapter 16.20 / Section 16.20.094
Authority to administer.
Status: in_force

The boards may adopt regulations governing entry, development, construction, hunting, fishing, and all other uses or activities not in conflict with AS 16.20.096 and 16.20.098 for the purpose of preserving the natural habitat and the fish and game of the Walrus Islands State Game Sanctuary.
Alaska Stat. § 16.30.017 — AK Code / Title 16 / Chapter 16.30 / Section 16.30.017
Defenses.
Status: in_force

(a) It is a defense to a criminal charge under AS 16.30.010 or 16.30.012 that the failure to salvage or possess the edible meat was due to circumstances beyond the control of the person charged, including (1) theft of the animal or fowl;

(2) unanticipated weather conditions or other acts of God;

(3) unavoidable loss in the field to another wild animal.

(b) It is a defense to a criminal charge under AS 16.30.012 that the defendant does not possess the edible meat of the big game animal because the meat was (1) consumed by human beings; or

(2) delivered to another person.

(c) In this section, delivered means given, sold, or bartered in a manner that does not violate state or federal law.
Alaska Stat. § 16.05.160 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.160
Duty to arrest.
Status: in_force

Each peace officer designated in AS 16.05.150 shall arrest a person violating a provision of this title except AS 16.51 and AS 16.52 , or any regulation adopted under this title except AS 16.51 and AS 16.52 , in the peace officer's presence or view, and shall take the person for examination or trial before an officer or court of competent jurisdiction unless in the judgment of the peace officer it would be in the state's best interest to issue a warning or a citation under AS 16.05.165 .
Alaska Stat. § 16.05.410 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.410
Revocation of license.
Status: reserved

(a) Upon conviction of a person of a first violation of AS 16.05.330  16.05.430 or of a federal or state law or regulation for the protection of the sport fish and game of the state, the court may, in addition to the penalty imposed by law, revoke the person's license.

(b) Upon subsequent conviction of a person for a violation of AS 16.05.330  16.05.430 or of a federal or state law or regulation for the protection of the sport fish and game of the state, the court shall revoke the person's license.

(c) A person whose license has been revoked as provided in (b) of this section may not purchase another license of the same type for a period of not less than two years nor more than three years from the date of revocation as determined by the court.

(d) [Repealed, § 2 ch 32 SLA 1968.] (e) [Repealed, § 2 ch 32 SLA 1968.] (f) Except as provided in (g) of this section, the provisions of (a)  (c) of this section do not apply when the offense for which the person is convicted is a misdemeanor for which a forfeitable bail amount has been set under AS 16.05.165 .

(g) When a person has been convicted during a two-year period of two or more misdemeanor offenses for which a forfeitable bail amount has been set under AS 16.05.165 , a peace officer may file a civil action in the district court to revoke the person's license. Once an action has been filed, the court shall set a time and date for a hearing on the proposed license revocation, and shall send notice of the hearing to the person. The hearing shall be before the court without a jury. At the hearing the court shall hear evidence regarding the nature and seriousness of the offenses for which the person was convicted, the time period involved, the potential effect of the person's actions upon the preservation of the resource, and other relevant circumstances. If the court finds by a preponderance of the evidence that the person's actions demonstrate a disregard for the preservation of the state's fish or wildlife resources, the court may revoke the person's license for a period of not less than one year nor more than three years from the date of revocation.

(h) For purposes of enforcement of the provisions of the Wildlife Violator Compact entered into under AS 16.05.332 , upon the receipt of a report that a violator has failed to comply with the terms of a citation for a wildlife violation issued by an issuing state other than this state or of the violator's conviction of a wildlife violation in an issuing state other than this state, a peace officer may file a civil action in the district court to revoke the comparable license or licenses that the violator holds in this state. Once an action has been filed, the court shall set a time and date for a hearing on the proposed license revocation or revocations and shall send notice of the hearing to the violator. The hearing shall be before the court without a jury. At the hearing, the court shall hear evidence regarding the nature and seriousness of the offense for which the violator was convicted or the nature and seriousness of the failure to comply with the citation, the time period involved, the potential effect of the violator's actions on the preservation of the resource, and other relevant circumstances. If the court finds by a preponderance of the evidence that the violator's actions demonstrate a disregard for the preservation of wildlife resources, the court may revoke the violator's license or licenses for a period of not less than one year or more than three years from the date of revocation. In this subsection, the terms issuing state, wildlife, and wildlife violation have the meanings given in AS 16.05.332 .
Alaska Stat. § 16.51.060 — AK Code / Title 16 / Chapter 16.51 / Section 16.51.060
Compensation of board members.
Status: in_force

Board members receive no salary, but are entitled to per diem and travel expenses authorized by law for other state boards and commissions under AS 39.20.180 .
Alaska Stat. § 16.43.030 — AK Code / Title 16 / Chapter 16.43 / Section 16.43.030
Term of office; vacancy and removal.
Status: in_force

(a) The members of the commission shall be appointed for terms of four years.

(b) A vacancy on the commission shall be filled by appointment by the governor and the appointment shall be confirmed by the legislature in joint session. Except as provided in AS 39.05.080 (4), a member selected to fill a vacancy shall hold office for the balance of the full term for which the member's predecessor on the commission was appointed.

(c) If there is a vacancy on the commission, a single commissioner may exercise all the powers and perform all the duties of the commission.

(d) The governor may remove a commissioner from office for cause, including but not limited to incompetence, neglect of duty, or misconduct in office. A commissioner being removed for cause shall be given a copy of the charges and afforded an opportunity to publicly present a defense in person or by counsel upon not less than 10 days' notice. If a commissioner is removed for cause, the governor shall file with the lieutenant governor a complete statement of all charges made against the commissioner and the governor's findings based on the charges, together with a complete record of the proceedings.
Alaska Stat. § 16.05.100 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.100
Fish and game fund established.
Status: reserved

There is created a revolving fish and game fund, which shall be used exclusively for the following: (1) to carry out the purposes and provisions of this title, except AS 16.51 and AS 16.52 , or other duties that may be delegated by the legislature to the commissioner or the department;

(2) [Repealed, § 34 ch 18 SLA 2016.] (3) to carry out the purposes and objectives within the scope of this title except AS 16.51 and AS 16.52 as may be directed by the donor of any such funds.
Alaska Stat. § 16.20.070 — AK Code / Title 16 / Chapter 16.20 / Section 16.20.070
Relationship to other laws.
Status: in_force

AS 16.20.050 and 16.20.060 do not affect AS 16.05.871  16.05.891.
Alaska Stat. § 16.05.390 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.390
Fees and compensation for issuance of licenses, permits, and tags.
Status: in_force

(a) Except as provided in (e) of this section, an agent appointed by the commissioner under AS 16.05.380 to sell licenses, permits, and tags is entitled to (1) retain five percent of the fee that is charged for a license, permit, or tag or 25 cents for each license, permit, or tag sold, whichever is greater; and

(2) compensation of $50 per year or $1 for each license, permit, or tag sold during the year, whichever is greater.

(b) Each agent appointed to sell licenses, permits, or tags under AS 16.05.380 shall, as directed by the commissioner, transmit the proceeds from the sales of licenses, permits, and tags, except the amount authorized to be retained under (a)(1) of this section, together with a report of the sales, to the commissioner for deposit in the fish and game fund or the general fund.

(c) On March 31, June 30, September 30, and December 31 of each year the commissioner shall calculate the compensation earned by an agent under (a)(2) of this section, minus the penalties assessed under (g) of this section. If the compensation due exceeds $50, the commissioner shall pay the compensation not later than 30 days after the date for which the compensation was calculated. If the compensation due is $50 or less, the commissioner shall pay the compensation not later than January 30 of the year following the year in which the compensation was earned. The commissioner shall pay compensation only for sales of licenses, permits, or tags for which the commissioner has received the report and proceeds required to be transmitted under (b) of this section.

(d) Compensation provided by this section shall be paid from appropriations made to the department.

(e) The provisions of (a) of this section do not apply to a state employee appointed by the commissioner under AS 16.05.380 to sell licenses, permits, and tags.

(f) Proceeds and reports under (b) of this section shall be transmitted to the commissioner by the last day of the month following the month in which the licenses, permits, and tags are sold, unless an alternative reporting schedule has been established by contract.

(g) The commissioner may assess a penalty against an agent who does not transmit proceeds within the time allowed under (f) of this section. The penalty is equal to one and one-half percent of the amount of proceeds due. The penalty may be assessed for each month or portion of a month that the proceeds are delinquent. A penalty under this subsection shall be withheld from the agent's compensation under (a)(2) of this section.
Alaska Stat. § 16.05.901 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.901
Penalty for violations of AS 16.05.871  16.05.896.
Status: in_force

(a) A person who violates AS 16.05.871  16.05.896 is guilty of a class A misdemeanor.

(b) The court shall transmit the proceeds of all fines to the proper state officer for deposit in the general fund of the state.

Article 9. General Provisions.
Alaska Stat. § 16.12.030 — AK Code / Title 16 / Chapter 16.12 / Section 16.12.030
Conditions of a permit.
Status: in_force

The department shall require, in a permit issued under this chapter, that the permit holder (1) procure shellfish from the department or a source approved by the department;

(2) place shellfish only in water of the state specifically designated in the permit;

(3) not procure genetically modified shellfish or place genetically modified shellfish into the water of the state;

(4) not resell or transfer shellfish sold to a permit holder by the state or by another party approved by the department;

(5) not release shellfish before approval by the department, and, for purposes of pathological examination and approval, that the permit holder notify the department at least 15 days before the date of the proposed release of shellfish;

(6) destroy diseased shellfish in a specific manner and location designated by the department;

(7) harvest shellfish only at specific locations and under specific conditions as designated by the department;

(8) make surplus shellfish available for sale first to the department and then, after inspection and approval by the department, to other permit holders operating under this chapter;

(9) provide a copy of the sales transaction to the department if surplus shellfish are sold by a permit holder to another permit holder;

(10) release shellfish in an area where the shellfish will be available to traditional fisheries, subject to the provisions of this chapter and regulations adopted under this chapter.
Alaska Stat. § 16.43.361 — AK Code / Title 16 / Chapter 16.43 / Section 16.43.361
Disposition of fish.
Status: in_force

Fish caught under the authority of an educational entry permit are the property of the recipient of the permit. The recipient may sell the fish and use the proceeds to pay for the costs of the training program. Revenues generated from the sale of fish harvested under an educational entry permit shall be paid to the general fund to the extent the revenues exceed costs of the training program.
Alaska Stat. § 16.05.262 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.262
Establishment of big game guide concession areas.
Status: in_force

(a) The Board of Game shall consider and approve or disapprove a proposal to establish a big game guide concession area that would be administered by the Department of Natural Resources under AS 38.05.022 in a single game management unit or subunit. The board may only establish a big game guide concession area by approving a proposal submitted under this section to do so. A big game guide may conduct a hunt in a concession area established under this section only if the guide holds a big game guide concession area permit issued under AS 38.05.022 .

(b) A person may submit a proposal to the Board of Game for the establishment of a big game guide concession area. After providing 15 days' public notice, the board may consider the proposal at the board's next regular meeting in the region where the big game guide concession area is proposed.

(c) After taking public comment, the Board of Game, in consultation with the Department of Fish and Game, the Department of Natural Resources, and the Big Game Commercial Services Board established under AS 08.54.591 , may approve a proposal to establish a big game guide concession area if the board determines that establishing the area (1) supports the conservation and management of the state's land and big game resources;

(2) aids in the enforcement of state statutes and regulations relating to guided hunts for big game; and

(3) is in the public interest.

(d) If the Board of Game approves the establishment of a big game guide concession area under this section, the board shall determine the number of full big game guide concession area permits and limited big game guide concession area permits that the Department of Natural Resources shall make available under AS 38.05.022 . To determine the number of full big game guide concession area permits and limited big game guide concession area permits that should be issued for a big game guide concession area and the specific authorizations that should attach to each concession permit authorized for the area, the Board of Game (1) may establish advisory boards composed of representatives of the state departments and boards listed in (c) of this section who are familiar with the area and interested members of the public to assist the board in making the determination;

(2) may not (A) combine more than three existing guide use areas into a single big game guide concession area;

(B) establish more than one big game guide concession area in a single guide use area.

(e) In this section, (1) full big game guide concession area permit has the meaning given in AS 38.05.022 (j);

(2) game management unit has the meaning given in AS 08.54.790 ;

(3) guide use area has the meaning given in AS 08.54.750 (g);

(4) limited big game guide concession area permit has the meaning given in AS 38.05.022 (j).
Alaska Stat. § 16.10.080 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.080
Federal compact exempted.
Status: in_force

AS 16.10.070 may not be construed to violate sec. 4, P.L. 85-508 (72 Stat. 339) (Alaska Statehood Act), which constitutes a compact between the United States and Alaska, under which the state disclaims all right and title to land or other property (including fishing rights), the right or title to which may be held by Indians, Eskimos, or Aleuts, hereafter referred to as Natives, or which is held by the United States in trust for these Natives.
Alaska Stat. § 16.20.041 — AK Code / Title 16 / Chapter 16.20 / Section 16.20.041
McNeil River State Game Refuge.
Status: in_force

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

Township 10 South, Range 29 West, Seward Meridian Section 19: S1/2

Section 20: SW1/4

Section 29: W1/2

Sections 30  31

Township 10 South, Range 30 West, Seward Meridian Section 3: SW1/4

Section 4: SE1/4

Sections 10  11

Sections 14  16

Section 17: E1/2

Sections 20  23

Sections 25  29

Section 30: SE1/4

Section 31: NE1/4, S1/2

Sections 32  36

Township 11 South, Range 29 West, Seward Meridian Sections 1  35

Section 36, except Nordyke Island and its tideland

Township 11 South, Range 30 West, Seward Meridian Sections 1  36

Township 11 South, Range 31 West, Seward Meridian Sections 1  36

Township 11 South, Range 32 West, Seward Meridian Sections 1  36, except land within Katmai National Park and Preserve

Township 12 South, Range 31 West, Seward Meridian Sections 1  36

Township 12 South, Range 32 West, Seward Meridian Sections 1  36, except land within Katmai National Park and Preserve

Township 13 South, Range 33 West, Seward Meridian Section 1, except land within Katmai National Park and Preserve.

(b) The McNeil River State Game Refuge is established to (1) provide permanent protection for brown bear and other fish and wildlife populations and their habitats, so that these resources may be preserved for scientific, aesthetic, and educational purposes;

(2) manage human use and activities in a way that is compatible with (1) of this subsection and to maintain and enhance the unique bear viewing opportunities in the McNeil River State Game Sanctuary established under AS 16.20.160 ;

(3) provide opportunities that are compatible with (1) of this subsection for wildlife viewing, fisheries enhancement, fishing, hunting, and trapping, for temporary safe anchorage, and for other activities.

(c) The Board of Game shall determine whether hunting of brown bears within the McNeil River State Game Refuge should be prohibited.

(d) The use and enjoyment of valid rights and interests in mineral claims, including the right of access, within the McNeil River State Game Refuge is protected. This subsection does not affect the power of the commissioner of natural resources to open or close land within the McNeil River State Game Refuge to new mineral entry under AS 38.05.185  38.05.275.

(e) The department and the Department of Natural Resources (1) may not enter into sales of land within the McNeil River State Game Refuge;

(2) may enter into leases within the McNeil River State Game Refuge if the commissioner finds that activity conducted under the lease is compatible with the purposes for which the refuge is established;

(3) may not accept transfer of state selected land from the federal government, or conveyance of other land, within the refuge if the land is subject to (A) a lease, easement, or other right to operate or maintain a private facility on the land or to conduct a private enterprise on the land; or

(B) a continuing trespass by an unauthorized private facility or private enterprise.

(f) The commissioner shall prepare a report and notify the legislature of its availability by January 30 of each year on (1) the status of the brown bears and other fish and wildlife resources within the McNeil River State Game Refuge; and

(2) the effect of hunting, fishing, and trapping, fishery enhancement activity, and mineral resource development on these resources.
Alaska Stat. § 16.20.096 — AK Code / Title 16 / Chapter 16.20 / Section 16.20.096
Multiple use.
Status: in_force

Oil and mineral exploration and development is permitted on the Walrus Islands State Game Sanctuary in accordance with state or federal laws and regulations, subject to the limitations of AS 16.20.098 and to additional limitations jointly determined by the commissioner of natural resources and the commissioner of fish and game to assure compatible multiple land use practices.
Alaska Stat. § 16.43.290 — AK Code / Title 16 / Chapter 16.43 / Section 16.43.290
Optimum number of entry permits.
Status: in_force

Following the issuance of entry permits under AS 16.43.270 , the commission shall establish the optimum number of entry permits for each fishery based upon a reasonable balance of the following general standards: (1) the number of entry permits sufficient to maintain an economically healthy fishery that will result in a reasonable average rate of economic return to the fishermen participating in that fishery, considering time fished and necessary investments in vessels and gear;

(2) the number of entry permits necessary to harvest the allowable commercial take of the fishery resource during all years in an orderly, efficient manner, and consistent with sound fishery management techniques;

(3) the number of entry permits sufficient to avoid serious economic hardship to those currently engaged in the fishery, considering other economic opportunities reasonably available to them.
Alaska Stat. § 16.51.180 — AK Code / Title 16 / Chapter 16.51 / Section 16.51.180
Definitions.
Status: in_force

In this chapter, (1) board means the board of directors of the Alaska Seafood Marketing Institute;

(2) eligible processor means a processor who would be liable for payment of a seafood marketing assessment levied under AS 16.51.120 ;

(3) institute means the Alaska Seafood Marketing Institute;

(4) processor means a person who is liable for (A) the tax imposed under AS 43.75.015 ;

(B) the tax imposed under AS 43.75.100 ; or

(C) the landing tax imposed under AS 43.77 ;

(5) produce means perform an activity upon which a tax is imposed under AS 43.75 or AS 43.77 , including the purchase, production, landing, or export of a fisheries resource;

(6) promote or make a contract that promotes seafood means to advertise or publicize, or make a contract for advertising or publicizing, the use, value, attractiveness, or quality of seafood;

(7) seafood means finfish, shellfish, and fish by-products, including but not limited to salmon, halibut, herring, flounder, crab, clam, cod, shrimp, and pollock, but does not include aquatic farm products as defined in AS 16.40.199 .
Alaska Stat. § 16.43.200 — AK Code / Title 16 / Chapter 16.43 / Section 16.43.200
Administrative areas.
Status: in_force

(a) The commission shall establish administrative areas suitable for regulating and controlling entry into the commercial fisheries. The commission shall make the administrative areas reasonably compatible with the geographic areas for which specific commercial fishing regulations are adopted by the Board of Fisheries.

(b) The commission may modify or change the boundaries of administrative areas when necessary and consistent with the purposes of this chapter.
Alaska Stat. § 16.20.180 — AK Code / Title 16 / Chapter 16.20 / Section 16.20.180
Declaration of purpose.
Status: in_force

The legislature recognizes that, due to growth and development, certain species or subspecies of fish and wildlife are now and may in the future be threatened with extinction. The purpose of AS 16.20.180  16.20.210 is to establish a program for their continued conservation, protection, restoration, and propagation.
Alaska Stat. § 16.51.010 — AK Code / Title 16 / Chapter 16.51 / Section 16.51.010
Alaska Seafood Marketing Institute established.
Status: in_force

There is established the Alaska Seafood Marketing Institute. The institute is a public corporation of the state. It is an instrumentality of the state in the Department of Commerce, Community, and Economic Development, but has a legal existence independent of and separate from the state. Exercise by the institute of the powers conferred by this chapter is an essential governmental function of the state.
Alaska Stat. § 16.05.332 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.332
Wildlife Violator Compact.
Status: in_force

The Wildlife Violator Compact as contained in this section is enacted into law and entered into on behalf of the State of Alaska with any other states legally joining it in a form substantially as follows:
Alaska Stat. § 16.43.270 — AK Code / Title 16 / Chapter 16.43 / Section 16.43.270
Initial issuance of entry permits.
Status: reserved

(a) The commission shall issue entry permits, for each fishery, first to all qualified applicants in the priority classifications designated under AS 16.43.250 (b) and then to qualified applicants in order of descending priority classification, until the number of entry permits issued equals the maximum number of entry permits established under AS 16.43.230 and 16.43.240 for each fishery, except that a person within a priority classification specified under AS 16.43.250 (b) may not be denied an entry permit.

(b) If, within the lowest priority classification of qualified applicants to which some entry permits may be issued, there are more applicants than there are entry permits to be issued, then the allocation of entry permits within that priority classification shall be by lottery. However, the commission shall issue entry permits to all qualified applicants in that priority classification if the total number of permits issued for the fishery does not exceed the maximum number of entry permits established under AS 16.43.240 for that fishery by more than five percent or 10 permits, whichever is greater.

(c) If, at the time entry permits are issued, some applicants are still appealing the findings of an administrative adjudication under AS 16.43.260 , a sufficient number of permits shall be reserved out of the permits to be issued to protect the rights of those applicants, assuming all the appeals will be resolved in favor of the applicants. In the event that all appeals are not resolved in favor of the applicants, the remaining entry permits shall be allocated to the next most qualified applicants as provided in (a) and (b) of this section.

(d) The commission may restrict the fishing capacity employed under an entry permit if, before the initial issuance of entry permits for a fishery, the commission determines that the fishing capacity in the fishery must be limited to achieve the purposes of this chapter, establishes criteria for determining the fishing capacity that is allowed under an entry permit, and establishes how fishing capacity will be measured. The maximum fishing capacity allowed under an entry permit must be based upon past participation in the fishery by the initial recipient of the entry permit during a period, specified by the commission, preceding the qualification date established under AS 16.43.260 . The commission may define fishing capacity in terms of quantity of fishing gear, a proportion of the maximum amount of gear that can be utilized in the fishery under regulations of the Board of Fisheries, fishing vessel size or other characteristics, or other factors determined by the commission to affect the amount of fishing effort in the fishery. The recipient or transferee of an entry permit issued subject to this subsection may not exceed the fishing capacity allowed under the entry permit.
Alaska Stat. § 16.05.783 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.783
Same day airborne hunting.
Status: in_force

(a) A person may not shoot or assist in shooting a free-ranging wolf or wolverine the same day that a person has been airborne. However, the Board of Game may authorize a predator control program as part of a game management plan that involves airborne or same day airborne shooting if the board has determined based on information provided by the department (1) in regard to an identified big game prey population under AS 16.05.255 (g) that objectives set by the board for the population have not been achieved and that predation is an important cause for the failure to achieve the objectives set by the board, and that a reduction of predation can reasonably be expected to aid in the achievement of the objectives; or

(2) that a disease or parasite of a predator population (A) is threatening the normal biological condition of the predator population; or

(B) if left untreated, would spread to other populations.

(b) This section does not apply to (1) a person who was airborne the same day if that person was airborne only on a regularly scheduled commercial flight; or

(2) an employee of the department who, as part of a game management program, is authorized to shoot or to assist in shooting wolf, wolverine, fox, or lynx on the same day that the employee has been airborne.

(c) A person who violates this section 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. In addition, the court may order the aircraft and equipment used in or in aid of a violation of this section to be forfeited to the state.

(d) When the Board of Game authorizes a predator control program that includes airborne or same day airborne shooting, the board shall have the prerogative to establish predator reduction objectives and limits, methods and means to be employed, who is authorized to participate in the program, and the conditions for participation of individuals in the program.

(e) The use of state employees or state owned or chartered equipment, including helicopters, in a predator control program is prohibited without the approval of the commissioner.

(f) In this section, (1) free-ranging means that the animal is wild and not caught in a trap or snare; and

(2) game management program means a program authorized by the Board of Game or the commissioner to achieve identified game management objectives in a designated geographic area.
Alaska Stat. § 16.51.140 — AK Code / Title 16 / Chapter 16.51 / Section 16.51.140
Procedures for an election to approve or terminate a seafood marketing assessment.
Status: in_force

(a) The institute may conduct an election under this section after the director of elections approves (1) the notice to be published by the institute;

(2) the ballot to be used in the election; and

(3) the registration and voting procedures for the approval or termination of the seafood marketing assessment.

(b) In conducting the election under this section, the institute and the director of elections shall adopt the following procedures: (1) the proposed levy or termination of the assessment shall be adopted at a regularly scheduled meeting of the board of directors of the institute held not less than 60 days before the date on which the ballots must be postmarked to be counted unless the election is for termination of the assessment and has been initiated by a petition under AS 16.51.130 (b)(2);

(2) the institute shall hold at least one meeting, not less than 30 days before the date on which ballots must be postmarked to be counted, to explain the reason for the proposed seafood marketing assessment or termination of the assessment and to explain the voting procedure to be used in the election; the institute shall provide notice of the meeting by (A) mailing the notice to each eligible processor; and

(B) publishing the notice in at least one newspaper of general circulation in each region of the state at least two weeks before the meeting;

(3) the director of elections shall mail ballots to each eligible processor not more than 45 days before the date specified as the date ballots must be postmarked;

(4) the ballot must (A) indicate whether the assessment is to be levied under AS 16.51.120 (b), (c), (d), (e), (h), or (i) and must state the percentage of the assessment;

(B) indicate the effective date of the levy of the assessment or termination of the assessment;

(C) ask whether the assessment shall be levied or, if the election is to terminate the assessment, whether the assessment shall be terminated;

(5) the ballots shall be returned by mail to the director of elections and shall be counted by the director of elections or a representative.

(c) The director of elections shall certify the results of an election under this section if the director determines that the requirements of (a) and (b) of this section have been satisfied.

(d) For the purposes of this section a ballot submitted by a corporation is presumed valid if the ballot is signed by an individual who is indicated to be an officer of the corporation and the ballot is imprinted with the corporate seal.
Alaska Stat. § 16.45.040 — AK Code / Title 16 / Chapter 16.45 / Section 16.45.040
Terms of commissioners.
Status: in_force

The term of a commissioner is four years. A commissioner holds office until a successor is appointed and qualified, but the successor's term expires four years from the legal date of expiration of the term of the successor's predecessor. A commissioner may be removed from office by the governor upon charges and after a hearing. The term of a commissioner who ceases to hold the qualifications required ends and a successor may be appointed. Vacancies occurring in the office of a commissioner from any reason or cause shall be filled for the unexpired term in the same manner as for a full term appointment.
Alaska Stat. § 16.10.930 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.930
Special account established.
Status: in_force

(a) The foreclosure expense account is established as a special account in the mariculture revolving loan fund.

(b) The department may expend money credited to the foreclosure expense account when necessary to protect the state's security interest in collateral on loans granted under AS 16.10.910 or to defray expenses incurred during foreclosure proceedings after an obligor defaults.
Alaska Stat. § 16.12.199 — AK Code / Title 16 / Chapter 16.12 / Section 16.12.199
Definitions.
Status: in_force

In this chapter, (1) facility means a hatchery as defined in AS 16.40.199 , a facility for the release of shellfish into natural water of the state, or a facility for a project under AS 16.12.010 ;

(2) genetically modified shellfish means shellfish whose genetic structure has been altered at the molecular level by recombinant DNA and RNA techniques, cell fusion, gene deletion or doubling, introduction of exogenous genetic material, alteration of the position of a gene, or other similar procedure using artificial processes;

(3) shellfish has the meaning given in AS 16.40.199 .
Alaska Stat. § 16.51.110 — AK Code / Title 16 / Chapter 16.51 / Section 16.51.110
Prohibited promotions.
Status: in_force

The board may not promote or make a contract that promotes seafood by (1) geographic origin other than from the state generally;

(2) geographic region of the state; or

(3) specific brand name.
Alaska Stat. § 16.20.500 — AK Code / Title 16 / Chapter 16.20 / Section 16.20.500
Purpose.
Status: in_force

The purpose of AS 16.20.500  16.20.690 is to protect and preserve habitat areas especially crucial to the perpetuation of fish and wildlife, and to restrict all other uses not compatible with that primary purpose.
Alaska Stat. § 16.40.140 — AK Code / Title 16 / Chapter 16.40 / Section 16.40.140
Limitation on sale, transfer of stock, and products.
Status: in_force

(a) A private hatchery required to have a permit under AS 16.40.100 may sell or transfer stock from the hatchery only to an aquatic farm or other hatchery that has a permit issued under AS 16.40.100 , except that shellfish stock may also be sold or offered for sale to an aquatic farm or related hatchery outside of the state.

(b) Stock may not be transferred to or from an aquatic farm or hatchery required to have a permit under AS 16.40.100 without prior notice of the transfer to the commissioner. A notice of transfer shall be submitted at least 45 days before the proposed date of transfer.

(c) A notice of transfer must be accompanied by a report of a health inspection of the stock. The department shall conduct the inspection or contract with a disease diagnostician to conduct the inspection. The cost of inspection shall be borne by the department.

(d) The department may restrict or disapprove a transfer of stock if it finds that the transfer would present a risk of spreading disease.

(e) A person may not sell, transfer, or offer to sell or transfer, or knowingly purchase or receive, an aquatic farm product grown or propagated in the state unless the product was grown or propagated on a farm with a permit issued under AS 16.40.100 . The permit must be in effect at the time of the sale, transfer, purchase, receipt, or offer.
Alaska Stat. § 16.05.881 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.881
Construction without approval prohibited.
Status: in_force

If a person or governmental agency begins construction on a work or project or use for which notice is required by AS 16.05.871 without first providing plans and specifications subject to the approval of the commissioner for the proper protection of fish and game, and without first having obtained written approval of the commissioner as to the adequacy of the plans and specifications submitted for the protection of fish and game, the person or agency is guilty of a misdemeanor. If a person or governmental agency is convicted of violating AS 16.05.871  16.05.896 or continues a use, work, or project without fully complying with AS 16.05.871  16.05.896, the use, work, or project is a public nuisance and is subject to abatement. The cost of restoring a specified river, lake, or stream to its original condition shall be borne by the violator and shall be in addition to the penalty imposed by the court.
Alaska Stat. § 16.10.353 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.353
Waiver of confidentiality.
Status: in_force

(a) The commissioner may release information about a borrower's loan to any individual when release of the information has been authorized by the borrower.

(b) A person obtaining a loan under AS 16.10.300  16.10.370 after June 28, 1991 may, by signing a form prepared for the purpose, designate the names of persons and organizations to whom a copy of the notice required by AS 16.10.335 must be sent.
Alaska Stat. § 16.05.662 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.662
Fishing derbies.
Status: in_force

(a) The commissioner may issue without cost a permit to a fishing derby association that has complied with the provisions of AS 05.15.100  05.15.180 to sell or offer for sale sport caught fish obtained as a direct result of a fishing derby.

(b) In this section fishing derby association means a civic, service, or charitable organization in the state, not for pecuniary profit, whose primary purpose is to promote interest in fishing for recreational purposes and which has been in existence for five years before applying for a permit under (a) of this section, but does not include an organization formed or operated for gaming or gambling purposes.
Alaska Stat. § 16.52.020 — AK Code / Title 16 / Chapter 16.52 / Section 16.52.020
Duties.
Status: in_force

The center shall create employment opportunities in the state's fishing industry and other benefits to the state by (1) providing training opportunities to citizens of the state on the most efficient and appropriate technologies for the harvesting, processing, and conservation of the fishery resources of the state;

(2) providing information and technical assistance on the adaptation of existing and new technologies to the users of the fishery resources of the state;

(3) providing research and development activities to adapt existing technologies to enhance the economic viability of the industry;

(4) providing research and development activities to create new technologies that will enhance the effectiveness of the industry, and provide economic benefits to state citizens; and

(5) encouraging joint projects between industry and government in order to use industrial experience and government programs to enhance the productivity of the industry.
Alaska Stat. § 16.10.560 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.560
Definitions.
Status: in_force

In AS 16.10.500  16.10.560, (1) commissioner means the commissioner of commerce, community, and economic development;

(2) hatchery means a facility for the artificial incubation of salmon eggs, which may include means for the rearing of juvenile salmon.

Article 11. Chitina Dip Net Fishery.
Alaska Stat. § 16.20.310 — AK Code / Title 16 / Chapter 16.20 / Section 16.20.310
Game management plan for bison.
Status: in_force

(a) The commissioner shall develop and may amend a game management plan for bison in the area described in AS 16.20.300 . After holding public hearings in accordance with AS 44.62.310  44.62.319 (Open Meetings Act), the commissioner shall implement the game management plan.

(b) The game management plan must include, but is not limited to (1) planting grains for bison and planting other wildlife forage;

(2) altering existing plant cover to create additional range and year-round habitat for bison and other animal species in the area;

(3) tilling to produce forage.

(c) The commissioner shall develop and amend the game management plan to coordinate, as closely as possible, the game management plan with the activities of the Department of Natural Resources relating to the Big Delta agricultural development project.
Alaska Stat. § 16.05.341 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.341
Free license for active members of the Alaska National Guard and military reserves.
Status: in_force

A person may receive a resident hunting, trapping, and sport fishing license under AS 16.05.340 (a)(6) without charge if the person is an active member of the

(1) Alaska National Guard;

(2) United States Army reserves;

(3) United States Air Force reserves;

(4) United States Navy reserves;

(5) United States Marine Corps reserves; or

(6) United States Coast Guard reserves.
Alaska Stat. § 16.43.990 — AK Code / Title 16 / Chapter 16.43 / Section 16.43.990
Definitions.
Status: in_force

In this chapter, (1) commission means the Alaska Commercial Fisheries Entry Commission;

(2) economically healthy fishery means a fishery that yields a sufficient rate of economic return to the fishermen participating in it to provide for, among other things, the following: (A) maintenance of vessels and gear in satisfactory and safe operating condition; and

(B) ability and opportunity to improve vessels, gear and fishing techniques, including, when permissible, experimentation with new vessels, new gear, and new techniques;

(3) entity means a corporation, company, partnership, firm, association, organization, joint venture, trust, society, or other legal entity other than a natural person;

(4) fishery means the commercial taking of a specific fishery resource in a specific administrative area with a specific type of gear; however, the commission may designate a fishery to include more than one specific administrative area, gear type, or fishery resource;

(5) gear means the specific apparatus used in the commercial harvest of a species, including but not limited to purse seines, drift gill nets, set gill nets, and troll gear;

(6) optimum number includes an optimum range of numbers;

(7) person means a natural person; person does not include a corporation, company, partnership, firm, association, organization, joint venture, trust, society, or other legal entity other than a natural person;

(8) present ability to actively participate means the person applying for a permit is physically able to harvest fish in the fishery and has reasonable access to commercial fishing gear of the type utilized in that fishery;

(9) priority classification means the allocation of potential permit applicants into reasonable groupings of similarly situated applicants and the priority ranking of those groupings according to the extent to which they satisfy the standards of preference;

(10) type of gear means a customary and identifiable classification of gear and shall include: (A) those classifications for which separate regulations were adopted by the Board of Fisheries and for which separate gear licenses were required by former AS 16.05.550  16.05.630; and

(B) distinct subclassifications of gear such as power troll gear and hand troll gear;

(11) unit of gear means the maximum amount of a specific type of gear that can be fished by a person under regulations established by the Board of Fisheries defining the legal requirements for that type of gear.
Alaska Stat. § 16.20.605 — AK Code / Title 16 / Chapter 16.20 / Section 16.20.605
Anchor River and Fritz Creek Critical Habitat Area established.
Status: reserved

(a) All state land and water contained in the following described areas is established as the Anchor River and Fritz Creek Critical Habitat Area: (1) Township 4 South, Range 13 West, Seward Meridian Section 25

Section 35

Section 36;

(2) Township 5 South, Range 12 West, Seward Meridian Sections 17  20;

(3) Township 5 South, Range 13 West, Seward Meridian Section 2

Section 3

Section 4 E1/2

Section 8 S1/2

Sections 9  11

Sections 13  20

Section 21 W1/2

Section 24;

(4) Township 5 South, Range 14 West, Seward Meridian Section 13

Section 20 NE1/4

Sections 21  24

Section 26 N1/2

Section 27 N1/2

Section 28 N1/2.

(b) Notwithstanding AS 16.20.500 and the establishment of the Anchor River and Fritz Creek Critical Habitat Area under (a) of this section, (1) the use of and appropriation of water rights from Fritz Creek for a municipal and community water source is protected within the Anchor River and Fritz Creek Critical Habitat Area;

(2) the possibility of the construction of a dam and reservoir on Fritz Creek is reserved within the Anchor River and Fritz Creek Critical Habitat Area.

(c) The use and enjoyment of valid existing rights and interests within the Anchor River and Fritz Creek Critical Habitat Area are protected. Future conveyances, including but not limited to rights-of-way, timber sales, municipal entitlements, grazing leases, and oil and gas leases, may occur.

(d) A management plan for the Anchor River and Fritz Creek Critical Habitat Area shall be adopted and may be revised by the Department of Fish and Game in consultation with the Department of Natural Resources under AS 44.62 (Administrative Procedure Act). The management plan shall reflect the concurrence of the Kenai Peninsula Borough as it applies to land committed by the borough to the Anchor River and Fritz Creek Critical Habitat Area.

(e) The department shall establish a citizens' advisory committee to work with the department and advise on implementation and revisions of the management plan for the Anchor River and Fritz Creek Critical Habitat Area.

(f) Appointments to the citizens' advisory committee shall be recommended by the Kenai Peninsula Borough and the City of Homer and shall include representatives from (1) industry and commercial users;

(2) hunters, trappers, fishermen, and recreational users; and

(3) officials representing the Kenai Peninsula Borough and the City of Homer.
Alaska Stat. § 16.05.675 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.675
Landing permits.
Status: in_force

(a) A person who does not hold a limited entry permit or interim-use permit issued under AS 16.43 or a fish transporter permit issued under AS 16.05.671 may not deliver or land fish in the state unless the person (1) holds a valid federal permit to operate commercial fishing gear in the fishery conservation zone; and

(2) has been issued a landing permit by the Alaska Commercial Fisheries Entry Commission.

(b) The commissioner may by regulation establish eligibility requirements for the issuance of a landing permit.

(c) The commissioner may authorize the Alaska Commercial Fisheries Entry Commission to issue landing permits for a fishery if the commissioner has made a written finding that the issuance of landing permits for that fishery is consistent with state resource conservation and management goals.
Alaska Stat. § 16.10.355 — AK Code / Title 16 / Chapter 16.10 / Section 16.10.355
Disposal of property acquired by default or foreclosure.
Status: in_force

The department shall dispose of property acquired through default or foreclosure of a loan made under AS 16.10.300  16.10.370 or former AS 16.10.650  16.10.720. Disposal shall be made in a manner that serves the best interests of the state, and may include the amortization of payments over a period of years, but may not be by lease.
Alaska Stat. § 16.30.010 — AK Code / Title 16 / Chapter 16.30 / Section 16.30.010
Wanton waste of big game animals and wild fowl.
Status: in_force

(a) It is a class A misdemeanor for a person who kills a big game animal or a species of wild fowl to fail intentionally, knowingly, recklessly, or with criminal negligence to salvage for human consumption the edible meat of the animal or fowl.

(b) If a person is convicted of violating this section and in the course of that violation failed to salvage from a big game animal at least the hindquarters as far as the distal joint of the tibia-fibula (hock), the court shall impose a sentence of imprisonment of not less than seven consecutive days and a fine of not less than $2,500.

(c) The imposition or execution of the minimum sentence prescribed in (b) of this section may not be suspended under AS 12.55.080 or 12.55.085. The minimum sentence prescribed in (b) of this section may not be reduced.
Alaska Stat. § 16.05.259 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.259
No subsistence defense.
Status: in_force

In a prosecution for the taking of fish or game in violation of a statute or regulation, it is not a defense that the taking was done for subsistence uses.
Alaska Stat. § 16.43.225 — AK Code / Title 16 / Chapter 16.43 / Section 16.43.225
Moratorium on new entrants into certain fisheries.
Status: in_force

(a) Subject to (b) of this section, the commission may establish a moratorium on new entrants into a fishery (1) that has experienced recent increases in fishing effort that are beyond a low, sporadic level of effort;

(2) that has achieved a level of harvest that may be approaching or exceeding the maximum sustainable level for the fishery; and

(3) for which there is insufficient biological and resource management information necessary to promote the conservation and sustained yield management of the fishery.

(b) The commission may establish a moratorium on new entrants into a fishery described in (a) of this section if (1) the commissioner of fish and game, subject to AS 16.05.251 (g), petitions the commission under AS 44.62.220 to establish a moratorium on new entrants into the fishery; and

(2) the commission finds that (A) the fishery has reached a level of participation that may threaten the conservation and the sustained yield management of the fishery resource and the economic health and stability of commercial fishing; and

(B) the commission has insufficient information to conclude that the establishment of a maximum number of entry permits under AS 16.43.240 would further the purposes of this chapter.

(c) The commission may establish a moratorium under this section for a continuous period of up to four years. A fishery that has been subject to a moratorium under this section may not be subjected to a subsequent moratorium under this section unless five years have elapsed since the previous moratorium expired.

(d) While a moratorium is in effect, the commission shall conduct investigations to determine whether a maximum number of entry permits should be established under AS 16.43.240 by (1) conducting research into conditions in the fishery;

(2) consulting with the Department of Fish and Game and the Board of Fisheries; and

(3) consulting with participants in the fishery.

(e) The commission shall establish by regulation the qualifications for applicants for an interim-use permit for a fishery subject to a moratorium under this section. The qualifications must include the minimum requirements for past or present participation and harvest in the fishery. The commission may not issue an interim-use permit for a fishery subject to a moratorium under this section unless the applicant can satisfy the qualifications established under this subsection and establish the present ability and intent to participate actively in the fishery.
Alaska Stat. § 16.05.210 — AK Code / Title 16 / Chapter 16.05 / Section 16.05.210
Ineligibility for bounties.
Status: in_force

An employee or special hunter of the department may not receive or attempt to receive a bounty for the killing of a predator, or transfer the scalp or other part of a predator to another person for the purpose of collecting a bounty.