reglab/housing_qa huggingface dataset:
AK Stat § 16.40.199 (2021)
2021 Alaska Statutes|Title 16. Fish and Game|Chapter 40. Commercial Use of Fish and Game|Article 2. Aquatic Farming.|Sec. 16.40.199. Definitions.

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.
AK Stat § 16.40.210 (2021)
2021 Alaska Statutes|Title 16. Fish and Game|Chapter 40. Commercial Use of Fish and Game|Article 3. Finfish Farming.|Sec. 16.40.210. Finfish farming prohibited.

(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.
AK Stat § 16.40.240 (2021)
2021 Alaska Statutes|Title 16. Fish and Game|Chapter 40. Commercial Use of Fish and Game|Article 4. Fishery Associations.|Sec. 16.40.240. Regional dive fishery development associations.

(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.
AK Stat § 16.40.250 (2021)
2021 Alaska Statutes|Title 16. Fish and Game|Chapter 40. Commercial Use of Fish and Game|Article 4. Fishery Associations.|Sec. 16.40.250. Salmon fishery associations.

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.
AK Stat § 16.43.010 (2021)
2021 Alaska Statutes|Title 16. Fish and Game|Chapter 43. Regulation of Entry into Alaska Commercial Fisheries|Article 1. Alaska Commercial Fisheries Entry Commission.|Sec. 16.43.010. Purpose and findings of fact.

(a) It is the purpose of this chapter to promote the conservation and the sustained yield management of Alaska's fishery resource and the economic health and stability of commercial fishing in Alaska by regulating and controlling entry of participants into the commercial fisheries in the public interest and without unjust discrimination. (b) The legislature finds that commercial fishing for fishery resources has reached levels of participation, on both a statewide and an area basis, that have impaired or threaten to impair the economic welfare of the fisheries of the state, the overall efficiency of the harvest, and the sustained yield management of the fishery resource.
AK Stat § 16.43.020 (2021)
2021 Alaska Statutes|Title 16. Fish and Game|Chapter 43. Regulation of Entry into Alaska Commercial Fisheries|Article 1. Alaska Commercial Fisheries Entry Commission.|Sec. 16.43.020. Alaska Commercial Fisheries Entry Commission.

(a) There is established the Alaska Commercial Fisheries Entry Commission as a regulatory and quasi-judicial agency of the state. The commission consists of two members appointed by the governor and confirmed by the legislature in joint session. (b) The governor shall designate one member of the commission as chair of the commission. The designated member serves as chair for a term of two years and may be designated chair for successive two-year terms. When there is a vacancy in the executive director position, the member serving as chair is responsible for and has authority over the internal administrative and personnel practices and procedures of the commission.
AK Stat § 16.43.030 (2021)
2021 Alaska Statutes|Title 16. Fish and Game|Chapter 43. Regulation of Entry into Alaska Commercial Fisheries|Article 1. Alaska Commercial Fisheries Entry Commission.|Sec. 16.43.030. Term of office; vacancy and removal.

(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.
AK Stat § 16.43.040 (2021)
2021 Alaska Statutes|Title 16. Fish and Game|Chapter 43. Regulation of Entry into Alaska Commercial Fisheries|Article 1. Alaska Commercial Fisheries Entry Commission.|Sec. 16.43.040. Quorum.

Unless there is a vacancy on the commission, two members of the commission constitute a quorum for the transaction of business, for the performance of a duty, or for the exercise of a power of the commission.
AK Stat § 16.43.050 (2021)
2021 Alaska Statutes|Title 16. Fish and Game|Chapter 43. Regulation of Entry into Alaska Commercial Fisheries|Article 1. Alaska Commercial Fisheries Entry Commission.|Sec. 16.43.050. Qualifications.

The commission shall consist of two members with a broad range of professional experience, neither of whom has a vested economic interest in an interim-use permit, entry permit, commercial fishing vessel or gear, or in any fishery resource processing or marketing business.
AK Stat § 16.43.060 (2021)
2021 Alaska Statutes|Title 16. Fish and Game|Chapter 43. Regulation of Entry into Alaska Commercial Fisheries|Article 1. Alaska Commercial Fisheries Entry Commission.|Sec. 16.43.060. Compensation.

Members of the commission are in the exempt service and are entitled to a monthly salary equal to a step in Range 25 of the salary schedule in AS 39.27.011.
AK Stat § 16.43.070 (2021)
2021 Alaska Statutes|Title 16. Fish and Game|Chapter 43. Regulation of Entry into Alaska Commercial Fisheries|Article 1. Alaska Commercial Fisheries Entry Commission.|Sec. 16.43.070. Legal counsel.

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.
AK Stat § 16.43.080 (2021)
2021 Alaska Statutes|Title 16. Fish and Game|Chapter 43. Regulation of Entry into Alaska Commercial Fisheries|Article 1. Alaska Commercial Fisheries Entry Commission.|Sec. 16.43.080. Employment of personnel.

(a) The commission may employ those persons necessary to carry out the purposes of this chapter. Employees of the commission are in the exempt service under AS 39.25.110. (b) In addition to its staff of regular employees, the commission may contract for and engage the services of consultants, experts, and hearing officers as necessary.
AK Stat § 16.43.100 (2021)
2021 Alaska Statutes|Title 16. Fish and Game|Chapter 43. Regulation of Entry into Alaska Commercial Fisheries|Article 1. Alaska Commercial Fisheries Entry Commission.|Sec. 16.43.100. Duties and general powers.

(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.
AK Stat § 16.43.110 (2021)
2021 Alaska Statutes|Title 16. Fish and Game|Chapter 43. Regulation of Entry into Alaska Commercial Fisheries|Article 1. Alaska Commercial Fisheries Entry Commission.|Sec. 16.43.110. Regulations and hearing procedures.

(a) The commission may adopt regulations, consistent with law, necessary or proper in the exercise of its powers or for the performance of its duties under this chapter. (b) The commission shall adopt regulations, consistent with due process of law, that govern practice and procedure and the conduct of all investigations, hearings, and proceedings that it holds. (c) The Alaska Rules of Evidence apply to investigations, hearings, and proceedings before the commission, except when the commission determines that their application is not required in order to assure fair treatment of all parties and that the evidence is relevant and of the sort on which responsible persons are accustomed to rely in the conduct of serious matters. (d) The commission, a commissioner, or an employee authorized by the commission may administer oaths, certify to all official acts, and issue subpoenas and other process to compel the attendance of witnesses and the production of testimony, records, papers, accounts, and documents in an inquiry, investigation, hearing, or proceeding before the commission in any part of the state. The commission may petition a court to enforce its subpoenas or other process. (e) The commission shall adopt regulations to provide for the correction of administrative error. (f) In case of a tie vote between commissioners in an adjudicatory proceeding, the decision of the hearing officer is the final administrative decision of the commission subject to review by a superior court under AS 44.62 (Administrative Procedure Act).
AK Stat § 16.43.120 (2021)
2021 Alaska Statutes|Title 16. Fish and Game|Chapter 43. Regulation of Entry into Alaska Commercial Fisheries|Article 1. Alaska Commercial Fisheries Entry Commission.|Sec. 16.43.120. Application of Administrative Procedure Act.

(a) The administrative adjudication procedures of AS 44.62 (Administrative Procedure Act) do not apply to adjudicatory proceedings of the commission except that final administrative determinations by the commission are subject to judicial review as provided in AS 44.62.560 - 44.62.570. (b) AS 44.62.010 - 44.62.319 and 44.62.640 apply to regulations adopted by the commission.
AK Stat § 16.43.140 (2021)
2021 Alaska Statutes|Title 16. Fish and Game|Chapter 43. Regulation of Entry into Alaska Commercial Fisheries|Article 2. Entry Permit System.|Sec. 16.43.140. Permit required.

(a) A person may not operate gear in the commercial taking of fishery resources without a valid entry permit or a valid interim-use permit issued by the commission. (b) A permit is not required of a crewmember or other person assisting in the operation of a unit of gear engaged in the commercial taking of fishery resources as long as the holder of the entry permit or the interim-use permit for that particular unit of gear is at all times present and actively engaged in the operation of the gear. (c) A person may hold more than one interim-use or entry permit issued or transferred under this chapter only for the following purposes: (1) fishing more than one type of gear; (2) fishing in more than one administrative area; (3) harvesting particular species for which separate interim-use or entry permits are issued; (4) if authorized by regulations of the commission, fishing an entire unit of gear in a fishery in which the commission has issued entry permits for less than a unit of gear under AS 16.43.270(d); under this paragraph, a person may not hold more than two entry permits for a fishery; however, the person may not (A) fish more than one unit of gear in the fishery; or (B) acquire a second entry permit for the fishery after the person has acquired an entry permit that authorizes the use of an entire unit of gear in the fishery; (5) consolidation of the fishing fleet for a salmon fishery; however, a person may hold not more than two entry permits for a salmon fishery under this paragraph, but the person who holds two entry permits for a salmon fishery may not engage in fishing under the second entry permit.
AK Stat § 16.43.150 (2021)
2021 Alaska Statutes|Title 16. Fish and Game|Chapter 43. Regulation of Entry into Alaska Commercial Fisheries|Article 2. Entry Permit System.|Sec. 16.43.150. Terms and conditions of entry permit; annual renewal.

(a) Except as may be otherwise provided under AS 16.43.270(d), an entry permit authorizes the permittee to operate a unit of gear within a specified fishery. (b) The holder of an entry permit shall have the permit in possession at all times when engaged in the operation of gear for which it was issued. (c) Each entry permit is issued for a term of one year and is renewable annually. (d) Failure to renew an entry permit for a period of two years from the year of last renewal results in a forfeiture of the entry permit to the commission, except as waived by the commission for good cause. An entry permit may not be renewed until the fees for each preceding year during which the entry permit was not renewed are paid. However, failure to renew an entry permit in a year in which there is an administrative closure for the entire season for a specific fishery is good cause not to renew the entry permit. The commission shall waive the payment of fees for that year. (e) An entry permit constitutes a use privilege that may be modified or revoked by the legislature without compensation. (f) Except for permits that are not transferable under AS 16.43.170(e), an entry permit survives the death of the holder. (g) Except as provided in AS 16.10.333 - 16.10.338, AS 44.81.215, 44.81.225, and 44.81.231 - 44.81.250, an entry permit may not be (1) pledged, mortgaged, leased, or encumbered in any way; (2) transferred with any retained right of repossession or foreclosure, or on any condition requiring a subsequent transfer; or (3) attached, distrained, or sold on execution of judgment or under any other process or order of any court, except as provided in AS 16.43.170(g) and (h). (h) Unless an entry permit holder has expressed a contrary intent in a will that is probated, the commission shall, upon the death of the permit holder, transfer the permanent permit by right of survivorship directly to the surviving spouse or, if no spouse survives, to a natural person designated by the permit holder on a form provided by the commission. If no spouse survives and if the person designated on the form, if any, does not survive, the permit passes as part of the permit holder's estate. A designation under this subsection must be acknowledged before a person authorized to administer an oath under AS 09.63.010 or must be witnessed by two persons who are qualified under AS 13.12.505 to witness the will of the permit holder. Except as provided in AS 16.10.333 - 16.10.337, AS 44.81.215, and 44.81.231 - 44.81.250, the permit is exempt from the claims of creditors of the estate. (i) The holder of a transferable or nontransferable entry permit or of an interim-use permit may voluntarily relinquish the permit to the commission.
AK Stat § 16.43.160 (2021)
2021 Alaska Statutes|Title 16. Fish and Game|Chapter 43. Regulation of Entry into Alaska Commercial Fisheries|Article 2. Entry Permit System.|Sec. 16.43.160. Fees.

(a) Except as specifically provided in this section, the commission shall establish annual fees for the issuance and annual renewal of entry permits or interim-use permits. (b) The commission may charge interest at a rate not to exceed the legal rate of interest established in AS 45.45.010 on fees more than 60 days overdue. (c) The annual base fee for issuance or renewal of an entry permit or an interim-use permit may not be less than $30 or more than $3,000. The annual base fee must reasonably reflect the different rates of economic return for different fisheries. In addition to the annual base fee established by the commission under this subsection, a nonresident shall pay an annual nonresident surcharge for the issuance or renewal of one or more entry permits or interim-use permits. The commission shall establish the annual nonresident surcharge by regulation at an amount that is as close as is practicable to the maximum allowed by law. (d) The holder of a permit whose household income, assets, and financial resources fall within the eligibility standards for the food stamp program under 7 U.S.C. 2011 - 2025, as amended, is subject to an annual base fee for the issuance or renewal of an entry permit or an interim-use permit that is equal to 50 percent of the annual base fee that the permit holder would otherwise pay under (c) of this section. In addition to the reduced annual base fee under this subsection, a nonresident who qualifies for a reduced fee under this subsection shall pay the annual nonresident surcharge established under (c) of this section.
AK Stat § 16.43.180 (2021)
2021 Alaska Statutes|Title 16. Fish and Game|Chapter 43. Regulation of Entry into Alaska Commercial Fisheries|Article 2. Entry Permit System.|Sec. 16.43.180. Emergency transfers.

(a) The commission shall adopt regulations providing for the temporary emergency transfer of entry permits and interim-use permits when illness, disability, death, required military or government service, or other unavoidable hardship prevents the permit holder from participating in the fishery. To alleviate hardship pending a final determination of the permit holder's eligibility for an entry permit, the commission shall adopt regulations providing for the temporary emergency transfer of an interim-use permit issued under AS 16.43.210(b) or 16.43.225. (b) The commission shall adopt regulations providing for the temporary transfer of an entry permit upon the death of the permittee pending final disposition of the permit as a part of the permittee's estate.