reglab/statecodes huggingface dataset:
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 9. Salmon Hatcheries. › Sec. 16.10.470. Annual report.

(a) A person who holds a permit for the operation of a salmon hatchery under AS 16.10.400 - 16.10.470 shall submit an annual report no later than December 15 to the department and to the qualified regional association for the area in which the hatchery is located, to include but not be limited to information pertaining to species; brood stock source; number, age, weight, and length of spawners; number of eggs taken and fry fingerling produced; and the number, age, weight, and length of adult returns attributable to hatchery releases, on a form to be provided by the department.
(b) A person who holds a permit for the operation of a salmon hatchery under AS 16.10.400 - 16.10.470 and each regional association levying a voluntary assessment under AS 16.10.540 shall submit an annual financial report to the Department of Commerce, Community, and Economic Development on a form to be provided by the Department of Commerce, Community, and Economic Development.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 9. Salmon Hatcheries. › Sec. 16.10.480. Contracts for the operation of state hatcheries.

(a) If the department determines that it is unable to continue operating a state-owned hatchery or that it is in the best interest of the state to provide for the operation of the hatchery by another person or by another person in cooperation with the state, the department may enter into a contract for the operation or cooperative operation of the hatchery.
(b) Notwithstanding AS 36.30, when selecting a contractor under (a) of this section, the department shall give a preference to the regional association organized under AS 16.10.380 that is located in the region in which the hatchery is located. If the department determines that the preferred regional association does not meet the criteria established by the department for the contract, the department may not award the contract to the preferred regional association and shall procure the contract under AS 36.30 after considering the recommendations of the preferred regional association.
(c) Except as otherwise provided in this section, a contract entered into under this section must provide that the hatchery will be operated under AS 16.10.400 - 16.10.470 and the regulations adopted under those sections.
(d) The department may issue to a contractor who operates a hatchery under this section a permit to harvest adult salmon during the term of the contract at locations designated by the department. The contractor shall use funds received from the sale of adult salmon harvested under the permit to recover all or part of the costs of operating the hatchery and may use the remaining funds for improvements to the hatchery or other salmon enhancement or rehabilitation projects, fisheries research, or the contractor's reasonable operating or administrative costs in the region in which the hatchery is located including debt retirement or for other fisheries activities of the contractor.
(e) A contract under this section for the operation of a hatchery may not affect the state's ownership of the hatchery and does not affect the state's responsibility to manage the resource.
(f) The operation of a hatchery under a contract authorized by this section shall be conducted in accordance with the fisheries management and production goals of the department, and must be consistent with the comprehensive regional salmon plan approved under AS 16.10.375. During the term of the contract, the department may order changes in the operation of the hatchery that are necessary to ensure consistency with the production goals of the comprehensive regional salmon plan. The contract must specify the species to be raised and the production goals for each species, and these specifications must comply with the comprehensive regional salmon plan. The department may terminate a contract if the contractor fails to operate the hatchery in accordance with the requirements established by and under this subsection.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 10. Fisheries Enhancement Loan Program. › Sec. 16.10.500. Declaration of policy.

It is the policy of the state, under AS 16.10.500 - 16.10.560, to promote the enhancement of the state's fisheries by means of grants for organizational and planning purposes to regional associations described in AS 16.10.510 that have qualified under AS 16.10.380, and by means of long-term, low interest loans for hatchery planning, construction, and operation and for planning and implementation of enhancement and rehabilitation activities including, but not limited to, lake fertilization and habitat improvement.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 10. Fisheries Enhancement Loan Program. › Sec. 16.10.505. Fisheries enhancement revolving loan fund.

(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.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 10. Fisheries Enhancement Loan Program. › Sec. 16.10.507. Foreclosure expense account.

(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.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 10. Fisheries Enhancement Loan Program. › Sec. 16.10.510. Powers and duties of the commissioner.

The commissioner may
(1) make loans to permit holders, under AS 16.10.400 - 16.10.470, including those holders issued permits before June 24, 1977, for the planning, construction, and operation of hatchery facilities;
(2) make loans to qualified regional associations that have formed a nonprofit corporation or a local nonprofit corporation approved by a qualified regional association, for preconstruction activities necessary to obtain a permit;
(3) designate agents and delegate powers to them as necessary;
(4) adopt regulations necessary to carry out the provisions of AS 16.10.500 - 16.10.560, including regulations to establish reasonable fees for services provided;
(5) establish amortization plans for repayment of loans, not to exceed 30 years unless the commissioner has extended the term of the loan beyond 30 years under (11) of this section;
(6) establish the rate of interest for loans not to exceed nine and one-half percent a year;
(7) establish regional and local offices and advisory groups to carry out, or assist in carrying out, the duties and authority of the commissioner;
(8) make grants for organizational and planning purposes to qualified regional associations that have formed a nonprofit corporation, in amounts not exceeding $100,000 per region and up to an additional $100,000 on a 50/50 cash matching basis with the regional associations that have an authorized royalty assessment under AS 16.10.540; the state portion of the matching share shall be available when a final vote for assessments is made under AS 16.10.540; this provision also applies to qualified regional associations that have formed a nonprofit corporation before June 24, 1977;
(9) make loans to qualified regional associations that have formed a nonprofit corporation or to local nonprofit corporations approved by qualified regional associations for planning and implementation of fisheries enhancement and rehabilitation activities including, but not limited to, lake fertilization and habitat improvement;
(10) refinance a debt obligation incurred by a borrower under this section if the borrower otherwise qualifies for a loan under AS 16.10.500 - 16.10.560; the interest rate for a loan to refinance a debt obligation incurred under this section may not exceed the interest rate that is in effect for new loans under this section at the time that the loan commitment for the refinancing loan is made; a loan made under this paragraph is not subject to AS 16.10.525;
(11) extend the term of a loan made under this section if the commissioner finds that extension of the term of the loan would alleviate an undue financial hardship on the borrower; the commissioner shall submit annually a report to the legislature summarizing the commissioner's decisions during the prior calendar year to approve or deny requests to extend loans under this paragraph and the reasons for the decisions;
(12) charge and collect the fees established under this section.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 10. Fisheries Enhancement Loan Program. › Sec. 16.10.520. Limitation on loans.

(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.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 10. Fisheries Enhancement Loan Program. › Sec. 16.10.525. Repayment of principal and interest on loans.

The commissioner may not require the repayment of principal on a loan made under AS 16.10.510 for the initial period of the loan. Interest on the principal of a loan made under AS 16.10.510 does not accrue during the initial period of the loan. In this subsection, the “initial period of the loan” means a period of time determined by the commissioner that is not less than six years or more than 10 years from the date the loan is made.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 10. Fisheries Enhancement Loan Program. › Sec. 16.10.540. Voluntary assessment on sale of salmon.

(a) An association of persons who hold entry permits under AS 16.43, that consists of at least 51 percent of the persons holding entry permits and actively participating in a fishery to be benefited by a hatchery program, may levy and collect an assessment from among its members for the purpose of securing and repaying a loan made under AS 16.10.510.
(b) Upon satisfactory demonstration to the commissioner that an assessment levied under this section may reasonably be relied upon to secure and repay a loan to be made under AS 16.10.510, the commissioner may make the loan.
(c) [Repealed, § 33 ch 14 SLA 1987.]
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 10. Fisheries Enhancement Loan Program. › Sec. 16.10.555. Disposal of property acquired by default or foreclosure.

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.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 10. Fisheries Enhancement Loan Program. › Sec. 16.10.560. Definitions.

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.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 11. Chitina Dip Net Fishery. › Sec. 16.10.570. Chitina dip net fishery.

The department, with the cooperation of the Department of Transportation and Public Facilities and the Department of Natural Resources, shall
(1) maintain and improve state-owned land used to access the Chitina dip net fishery;
(2) maintain and operate sanitary facilities provided for the use of persons participating in the Chitina dip net fishery; and
(3) prepare a publication showing public access routes to fishing sites on public land for the Chitina dip net fishery; the department shall distribute the publication to persons who obtain a Chitina dip net fishing permit and to the public.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 12. High Seas Interception of Salmon. › Sec. 16.10.750. Findings and purpose.

(a) The legislature finds that
(1) the salmon fishing industry is among the state's largest industries and generates hundreds of millions of dollars and thousands of jobs each year; the salmon fishery is vitally important to commercial, subsistence, personal use, and sport fishing interests, and to the state's developing tourist industry;
(2) the state is committed to maintaining and enhancing its wild stocks of salmon by careful management, by initiating a 20-year rebuilding program, and by investing in the fishing industry;
(3) millions of Alaska salmon are being caught and injured by high seas fisheries that intercept salmon contrary to state, federal, or international law; the high seas interception of Alaska salmon defeats the state's management and rebuilding programs, deprives the state of a return on its investment in the fishing industry, and detrimentally affects subsistence and sport fishing uses of Alaska salmon;
(4) vessels that engage in the high seas interception of salmon can move relatively freely and undetected from region to region in the North Pacific and thus are able to harvest whatever species is most readily available or most valuable; by moving farther westward, a greater proportion of the take is Asian salmon; moving eastward results in a greater proportion of the take being Alaska salmon; although there is intermixing of Asian and North American salmon stocks, scientific evidence proves that even a minimal harvest of salmon within the migratory range of each species will contain Alaska salmon;
(5) the illegal taking of salmon detrimentally affects the Alaska fishing industry; the illegal taking of Alaska salmon is of primary concern because of the direct and immediate effect on the state; in addition, the illegal taking of Asian salmon is also of concern because depletion of those stocks will ultimately result in a shifting of high seas fishing efforts, both legal and illegal, to Alaska salmon;
(6) high seas interception of salmon occurs beyond the exclusive economic zone of the United States, or through incursion within the exclusive economic zone and the state's territorial sea, by vessels that are usually not registered in this state; moreover, these vessels are not based in Alaska and can thus avoid detection more easily than Alaska-based vessels; as a practical matter, it is extremely difficult to directly or indirectly regulate the vessels themselves; it is therefore necessary to prohibit activities within the state that give aid, comfort, and financial incentives to high seas interception of salmon.
(b) The purpose of AS 16.10.750 - 16.10.800 is to prevent resources, facilities, and expertise within the state from being available to promote or facilitate the high seas interception of salmon or the making of intercepted salmon ready for or accessible to world markets.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 12. High Seas Interception of Salmon. › Sec. 16.10.760. Trafficking in intercepted salmon.

(a) A person commits the offense of trafficking in intercepted salmon if the person
(1) buys, sells, trades, processes, or possesses salmon, or attempts to buy, sell, trade, process, or possess salmon, with reckless disregard that the salmon has been, or will be, obtained by high seas interception;
(2) knowingly provides financing, premises, equipment, supplies, services, power, or fuel used to buy, sell, trade, process, or possess salmon that has been, or will be, obtained by high seas interception; or
(3) acts as a broker or middleman, or otherwise acts on behalf of another party, to arrange for or negotiate, or attempts to arrange for or negotiate, the purchase, sale, trade, processing, or possession of salmon, with reckless disregard that the salmon has been, or will be, obtained by high seas interception.
(b) Trafficking in intercepted salmon is a class C felony.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 12. High Seas Interception of Salmon. › Sec. 16.10.770. Falsification related to high seas interception of salmon.

(a) A person commits the offense of falsification related to high seas interception of salmon if the person creates, utters, or possesses a written instrument related to salmon, or makes an assertion for the purpose of having a written instrument related to salmon created, uttered, or accepted, with reckless disregard that the salmon was obtained by high seas interception and that the written instrument or assertion conveys misleading or untrue information about the ownership, possession, processing, origin, destination, route of shipping, type, condition, or time, place, and manner of the taking of the salmon.
(b) In this section
(1) “utter” has the meaning given in AS 11.46.580(b);
(2) “written instrument” has the meaning given in AS 11.46.580(b) and includes ships' logs and papers, bills of lading and sale, documents relating to processing, shipping, and customs, and information stamped on or affixed to cans, crates, containers, freight, or a means of storage or packaging.
(c) Falsification related to high seas interception of salmon is a class C felony.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 12. High Seas Interception of Salmon. › Sec. 16.10.780. Assisting a vessel in high seas interception of salmon.

(a) A person commits the offense of assisting a vessel in high seas interception of salmon if, knowing that a vessel is in possession of salmon obtained by high seas interception or that the owner or operator of the vessel intends to engage in the imminent interception of salmon, the person
(1) moves persons, cargo, or other property to or from the vessel;
(2) services or repairs the vessel or its equipment;
(3) provides the vessel with power, supplies, equipment, or fuel;
(4) provides the vessel with information, other than weather reports, capable of aiding the high seas interception of salmon or frustrating or avoiding detection, including communicating the movements, intentions, or activities of state or federal law enforcement officials or other fishing vessels; or
(5) is in charge of a docking facility, harbor, or anchorage, and permits the vessel to dock or anchor, or to remain docked or anchored.
(b) It is an affirmative defense, as defined in AS 11.81.900(b), to a violation of this section, if the person honestly and reasonably believed that the assistance provided to the vessel was necessary for humanitarian or environmental purposes or to prevent a significant loss of property. An affirmative defense under this section may not be raised, unless the person provided immediate notice, by the quickest available means, to the United States Coast Guard or the Department of Public Safety indicating the type of assistance being provided and the circumstances requiring the assistance.
(c) In this section,
(1) “environmental purpose” means the intent to prevent or minimize adverse ecological effects to water quality;
(2) “humanitarian purpose” means the intent to provide medical services for a sick or injured person, or to prevent the loss of human life;
(3) “owner or operator of the vessel” means a person who
(A) has an ownership interest in the vessel;
(B) has authority to control or direct the vessel's activities; or
(C) physically operates a vessel or its equipment.
(d) Assisting a vessel in high seas interception of salmon is a class A misdemeanor.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 12. High Seas Interception of Salmon. › Sec. 16.10.790. Fines.

Notwithstanding the provisions of AS 12.55.035(b) and (c), a person convicted of an offense under AS 16.10.760 - 16.10.780 may be sentenced to pay a fine not exceeding the greater of
(1) $100,000;
(2) three times the pecuniary gain realized by the person as a result of the offense; or
(3) if the person is convicted under AS 16.10.760, two times the fair market value of the salmon involved or contemplated in the commission of the offense.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 12. High Seas Interception of Salmon. › Sec. 16.10.800. Definitions.

In AS 16.10.750 - 16.10.800,
(1) “high seas interception,” “interception,” or a similar term means the unauthorized catching, taking, or harvesting of salmon for other than sport, subsistence, or personal use purposes,
(A) throughout the migratory range of each species, by a vessel not registered under the laws of this state; or
(B) beyond the territorial sea of the state by a vessel registered under the laws of the state;
(2) “knowing” or “knowingly” has the meaning given for “knowingly” in AS 11.81.900(a);
(3) “process” means affecting the condition or location of salmon, including preparation, packaging, storage, refrigeration, or transportation;
(4) “reckless disregard” has the meaning given for “recklessly” in AS 11.81.900(a);
(5) “salmon” means Pacific salmon and steelhead, and parts of Pacific salmon and steelhead, whether mature or immature, processed or unprocessed; and
(6) “unauthorized” means contrary to a statute or regulation of the United States or the state, or to a treaty or international fishery agreement, or in violation of a foreign law.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 13. Commercial Charter Fisheries Revolving Loan Fund. › Sec. 16.10.801. Commercial charter fisheries revolving loan fund.

(a) The commercial charter fisheries revolving loan fund is created in the Department of Commerce, Community, and Economic Development to carry out the purposes of AS 16.10.801 - 16.10.840.
(b) The commercial charter fisheries revolving loan fund consists of the following:
(1) money appropriated to, transferred to, or received by gift, grant, devise, bequest, or donation to the fund;
(2) principal and interest payments or other income earned on loans or investments of the fund;
(3) money chargeable to principal or interest that is collected through liquidation by foreclosure or other process on loans made under AS 16.10.801 - 16.10.840.
(c) Money in the fund may be used by the legislature to make appropriations for costs of administering AS 16.10.801 - 16.10.840.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 13. Commercial Charter Fisheries Revolving Loan Fund. › Sec. 16.10.805. Powers and duties of the department.

The department may
(1) make loans to eligible applicants under AS 16.10.801 - 16.10.840
(A) for the purchase of charter halibut permits;
(B) to refinance debt obligations made by other lenders more than 12 months before the department received the loan application and incurred by an applicant for the purchase of charter halibut fishing vessels or gear if the applicant otherwise qualifies for a loan under AS 16.10.801 - 16.10.840; the department may collect a refinancing loan origination charge as provided by regulation;
(2) receive, take, hold, and administer any appropriation, transfer, gift, grant, bequest, devise, or donation of money for the fund;
(3) establish amortization plans for repayment of loans, including extensions of the terms of loans;
(4) allow an assumption of a loan if
(A) the applicant meets the requirements established under this section; and
(B) approval of the assumption would be consistent with the purposes of AS 16.10.801 - 16.10.840;
(5) establish the rate of interest for loans consistent with law;
(6) charge and collect fees for services provided under AS 16.10.801 - 16.10.840;
(7) adopt regulations under AS 44.62 necessary to carry out the provisions of AS 16.10.801 - 16.10.840, including regulations to establish reasonable fees for services provided; and
(8) designate agents and delegate powers as necessary to the agents.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 13. Commercial Charter Fisheries Revolving Loan Fund. › Sec. 16.10.810. Eligibility.

(a) For an applicant to be eligible for a loan under AS 16.10.801 - 16.10.840, the applicant shall be a resident of the state, as determined under (c) of this section, and shall
(1) qualify for the purchase of a charter halibut permit under applicable law; or
(2) qualify as a transferee for a charter halibut permit under applicable law.
(b) In addition to the requirements set out in (a) of this section, the applicant must provide to the department a document from a state financial institution stating that
(1) the applicant has been denied a loan for the same purpose; or
(2) a loan from the financial institution is contingent on the applicant also receiving a loan from the fund.
(c) To meet the residency requirements of (a) of this section, the applicant
(1) shall physically reside in this state and maintain a domicile in this state during the 24 consecutive months preceding the date of application for the program; and
(2) may not have
(A) declared or established residency in another state; or
(B) received residency or a benefit based on residency from another state.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 13. Commercial Charter Fisheries Revolving Loan Fund. › Sec. 16.10.815. Limitations on loans.

(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.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 13. Commercial Charter Fisheries Revolving Loan Fund. › Sec. 16.10.820. Default.

If the borrower defaults on a note, the department shall notify the borrower of the default and the consequences of default by mailing a notice to the borrower's most recent address provided to the department by the borrower or obtained by the department.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 13. Commercial Charter Fisheries Revolving Loan Fund. › Sec. 16.10.825. Special account established.

(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.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 13. Commercial Charter Fisheries Revolving Loan Fund. › Sec. 16.10.830. Disposal of property acquired after default.

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.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 13. Commercial Charter Fisheries Revolving Loan Fund. › Sec. 16.10.840. Definitions.

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.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 14. Mariculture Revolving Loan Fund. › Sec. 16.10.890. Declaration of policy.

It is the policy of the state, under AS 16.10.890 - 16.10.945, to promote mariculture and the enhancement of the state's shellfish fisheries by means of long-term, low-interest loans.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 14. Mariculture Revolving Loan Fund. › Sec. 16.10.900. Mariculture revolving loan fund.

(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).
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 14. Mariculture Revolving Loan Fund. › Sec. 16.10.905. Powers and duties of the department.

The department may
(1) make loans to eligible applicants under AS 16.10.890 - 16.10.945 for the planning, construction, and operation of a
(A) mariculture business;
(B) hatchery that artificially propagates marine aquatic plants or shellfish; or
(C) a shellfish enhancement project;
(2) receive, take, hold, and administer any appropriation, transfer, gift, grant, bequest, devise, or donation of money for the fund;
(3) establish amortization plans for repayment of loans, including extensions of the terms of loans;
(4) allow an assumption of a loan if
(A) the applicant meets the requirements established under this section; and
(B) approval of the assumption would be consistent with the purposes of AS 16.10.890 - 16.10.945;
(5) establish the rate of interest for loans consistent with law;
(6) charge and collect fees for services provided under AS 16.10.890 - 16.10.945;
(7) adopt regulations under AS 44.62 necessary to carry out the provisions of AS 16.10.890 - 16.10.945, including regulations to establish reasonable fees for services provided; and
(8) designate agents and delegate powers as necessary to the agents.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 14. Mariculture Revolving Loan Fund. › Sec. 16.10.910. Eligibility.

(a) For an applicant to be eligible for a loan under AS 16.10.890 - 16.10.945, the applicant shall be
(1) a resident of the state who has
(A) a permitted mariculture farm location in this state; and
(B) experience or training in the mariculture industry; or
(2) a resident of the state or entity organized under the laws of this state that
(A) holds a permit under AS 16.40.100 to operate a hatchery for the purpose of producing aquatic plants or shellfish; or
(B) conducts shellfish enhancement projects.
(b) In addition to the requirements set out in (a) of this section, the applicant
(1) may not be eligible for financing from other recognized commercial lending institutions; or
(2) shall be able to obtain only a portion of the total loan request from a recognized commercial lending institution.
(c) To meet the residency requirements of (a) of this section, an individual applicant
(1) shall physically reside in this state and maintain a domicile in this state during the 24 consecutive months preceding the date of application for the program; and
(2) may not have
(A) declared or established residency in another state; or
(B) received residency or a benefit based on residency from another state.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 14. Mariculture Revolving Loan Fund. › Sec. 16.10.915. Limitations on loans.

(a) Except as provided in (b) and (c) of this section, a loan under AS 16.10.890 -16.10.945
(1) may not exceed
(A) $100,000 a year for an applicant under AS 16.10.910(a)(1); or
(B) $1,000,000 a year for an applicant under AS 16.10.910(a)(2);
(2) may not, unless extended under AS 16.10.905, exceed a term of
(A) 20 years for an applicant under AS 16.10.910(a)(1); or
(B) 30 years for an applicant under AS 16.10.910(a)(2);
(3) may not bear interest at a rate greater than the prime rate, as defined in AS 44.88.599, plus one percentage point, but which may not be less than five percent a year or more than nine percent a year;
(4) must be secured by a first priority lien on collateral acceptable to the department; and
(5) 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) Subsequent loans may be made to a borrower under
(1) AS 16.10.910(a)(1), if the total of the balances outstanding on the loans received by the borrower does not exceed $300,000; or
(2) AS 16.10.910(a)(2), if the total of the balances outstanding on the loans received by the borrower does not exceed $1,000,000.
(c) A loan under AS 16.10.910 may be made for the purchase of boats or vessels determined to be integral to the operation of the farm or hatchery.
(d) For a loan made under AS 16.10.890 - 16.10.945, the department may provide a reduction of the interest rate of not more than two percent if at least 50 percent of the loan proceeds are used by the borrower for purchasing products manufactured or produced in the state. When the department offers a reduction under this subsection, the department shall provide the reduction to all loan applicants who meet the criterion described in this subsection. In this subsection, “manufactured or produced” means processing, developing, or making an item into a new item with a distinct character and use.
(e) The department may not make a loan to an applicant under AS 16.10.910(a)(2) for a hatchery or shellfish enhancement project unless the department determines that the hatchery or enhancement project will
(1) be managed in a financially viable manner that is reasonably expected to result in repayment of the loan; and
(2) provide a significant contribution to common property fisheries or otherwise benefit the public interest.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 14. Mariculture Revolving Loan Fund. › Sec. 16.10.920. Repayment of principal of and interest on loans.

The department may not require the repayment of the principal of and interest on a loan made under AS 16.10.910 during the first six years of the loan. However, for a loan made under AS 16.10.910(a)(2), the department may defer repayment of the principal of and interest on the loan for an additional period not to exceed the first 11 years of the loan. The department may provide that interest on the principal of a loan made under AS 16.10.910(a)(1) does not accrue during a period not to exceed the first six years of the loan. For a loan made under AS 16.10.910(a)(2), the department shall provide that interest on the principal of the loan does not accrue during the first six years of the loan, and the department may provide that interest on the principal of the loan does not accrue during an additional period not to exceed the first 11 years of the loan.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 14. Mariculture Revolving Loan Fund. › Sec. 16.10.923. Voluntary assessment on sale of shellfish.

(a) An association of persons who hold entry permits under AS 16.43 comprising at least 51 percent of the persons holding entry permits and actively participating in a fishery to be benefited by a hatchery program may levy and collect an assessment from among its members for the purpose of securing and repaying a loan made under AS 16.10.890 - 16.10.945.
(b) Upon satisfactory demonstration to the department that an assessment levied under this section may reasonably be relied on to secure and repay a loan to be made under AS 16.10.890 - 16.10.945, the department may make the loan.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 14. Mariculture Revolving Loan Fund. › Sec. 16.10.925. Default.

If the borrower defaults on a note, the department shall notify the borrower of the default and the consequences of default by mailing a notice to the borrower's most recent address provided to the department by the borrower or obtained by the department.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 14. Mariculture Revolving Loan Fund. › Sec. 16.10.930. Special account established.

(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.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 14. Mariculture Revolving Loan Fund. › Sec. 16.10.935. Disposal of property acquired after default.

The department shall dispose of property acquired through default of a loan made under AS 16.10.890 - 16.10.945. 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.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 14. Mariculture Revolving Loan Fund. › Sec. 16.10.945. Definitions.

In AS 16.10.890 - 16.10.945,
(1) “commissioner” means the commissioner of commerce, community, and economic development;
(2) “department” means the Department of Commerce, Community, and Economic Development;
(3) “hatchery” has the meaning given in AS 16.40.199;
(4) “mariculture” means the farming of shellfish and aquatic plants as defined in AS 16.40.199;
(5) “shellfish enhancement project” means a project to
(A) augment the yield or harvest of shellfish above naturally occurring levels using a natural, artificial, or semiartificial production system; or
(B) rehabilitate a shellfish stock by restoring it to its naturally occurring levels of productivity.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 12. Shellfish Enhancement Projects › Sec. 16.12.010. Permits for shellfish enhancement projects.

(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.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 12. Shellfish Enhancement Projects › Sec. 16.12.020. Hearings before permit issuance.

(a) At least 30 days before the issuance of a permit under AS 16.12.010, the department shall hold a public hearing in a central location in the vicinity of the proposed release of shellfish.
(b) Notice of the hearing shall be published in a newspaper of general circulation once a week for three consecutive weeks, with completion of the notice at least five days before the hearing.
(c) The department shall conduct the hearing. The applicant shall present a plan for the proposed project describing the capacity of the facility and other relevant facts that may be of interest to the department or to the public. The department shall give interested members of the public an opportunity to be heard.
(d) The department shall record and consider objections and recommendations offered by the public at the hearing conducted under this section. The department shall respond in writing, not later than 30 days after the hearing is held, to a specific objection offered by a member of the public at the hearing.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 12. Shellfish Enhancement Projects › Sec. 16.12.030. Conditions of a permit.

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.