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2023 Alaska Statutes › Title 16. Fish and Game › Chapter 20. Protection of Fish and Game; Refuges, Sanctuaries, Range Areas, and Habitat Areas › Article 5. Fish and Game Critical Habitat Areas. › Sec. 16.20.615. Tugidak Island Critical Habitat Area.

(a) The state land above the mean high tide line within the following described area is established as the Tugidak Island Critical Habitat Area:
(1) Township 41 South, Ranges 33 - 34 West, Seward Meridian;
(2) Township 42 South, Range 33 West, Seward Meridian
Sections 1 - 11
Sections 14 - 23
Sections 25 - 36;
(3) Township 42 South, Ranges 34 - 35 West, Seward Meridian;
(4) Township 43 South, Ranges 34 - 35 West, Seward Meridian.
(b) In addition to the area described in (a) of this section, the water and the land below the mean high tide line in the lagoon at the northeast end of Tugidak Island are included within the Tugidak Island Critical Habitat Area.
(c) The Tugidak Island Critical Habitat Area described in (a) and (b) of this section shall be managed under a management plan prepared by the department.
(d) The department shall permit existing cabins to remain, subsistence and recreational uses to continue, and commercial uses such as seal hunting and placer mining to continue, if appropriate under the management plan adopted under (c) of this section to the extent that the activities are compatible with the establishment of the Tugidak Island Critical Habitat Area.
(e) The department shall permit entry within the Tugidak Island Critical Habitat Area for the exploration and development of oil and gas resources when compatible with the purposes for which the critical habitat area was established. An oil and gas lease of state land within the Tugidak Island Critical Habitat Area is valid and continues in full force according to its terms.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 20. Protection of Fish and Game; Refuges, Sanctuaries, Range Areas, and Habitat Areas › Article 5. Fish and Game Critical Habitat Areas. › Sec. 16.20.620. Willow Mountain Critical Habitat Area established.

(a) The following described area is established as the Willow Mountain Critical Habitat Area:
(1) Township 20 North, Range 2 West, Seward Meridian
Section 7
Sections 18 - 19;
(2) Township 20 North, Range 3 West, Seward Meridian
Sections 1 - 2
Sections 11 - 14
Sections 23 - 24;
(3) Township 21 North, Range 2 West, Seward Meridian
Sections 4 - 7
Section 18: W1/2;
(4) Township 21 North, Range 3 West, Seward Meridian
Section 1
Sections 11 - 14
Sections 23 - 26
Sections 35 - 36;
(5) Township 22 North, Range 2 West, Seward Meridian
Sections 19 - 21
Sections 28 - 33.
(b) Notwithstanding AS 16.20.510 - 16.20.530, the commissioner of fish and game, in consultation with the commissioner of natural resources, shall prepare a management plan for the Willow Mountain Critical Habitat Area. The commissioner of fish and game and the commissioner of natural resources shall exercise their respective authorities over the area in a manner consistent with the management plan.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 25. Stocking of Public Land › Sec. 16.25.010. Program adopted.

There is adopted a program of stocking land in the state with valuable game and fur-bearing animals that do not at present occur on the land. The department is responsible for establishing priorities on the species of animals to be stocked and the area of the stocking. Priorities shall be based on the habitat requirements of the species, the population of native game animals present, and other factors that will effect the successful establishment of the species.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 30. Destruction of Big Game Animals and Wild Fowl › Sec. 16.30.010. Wanton waste of big game animals and wild fowl.

(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.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 30. Destruction of Big Game Animals and Wild Fowl › Sec. 16.30.012. Possession of horns or antlers.

(a) It is a class A misdemeanor for a person to possess the horns or antlers of a big game animal that was killed after the opening of the current or most recent lawful hunting season for that animal if the person does not possess the edible meat of the animal.
(b) A person may not be arrested or prosecuted for a violation of this section unless the arresting officer determines that there is probable cause to believe that the edible meat of the big game animal from which the horns or antlers were taken has not been salvaged.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 30. Destruction of Big Game Animals and Wild Fowl › Sec. 16.30.015. Surrender of salvaged portions, license forfeiture.

A person convicted of violating AS 16.30.010
(1) shall surrender to the department all salvaged portions of the animal or fowl;
(2) forfeits the convicted person's hunting license;
(3) is ineligible to hold a hunting license for
(A) the year in which the conviction is entered and the year following the year in which the conviction is entered;
(B) a period of five years from the date of the conviction if the person has failed to salvage from a big game animal at least the hindquarters as far as the distal joint of the tibia-fibula (hock).
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 30. Destruction of Big Game Animals and Wild Fowl › Sec. 16.30.017. Defenses.

(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.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 30. Destruction of Big Game Animals and Wild Fowl › Sec. 16.30.030. Definitions.

In this chapter,
(1) “big game animal” means moose, caribou, mountain sheep, mountain goat, feral reindeer, deer, elk, bison, walrus, or musk ox;
(2) “criminal negligence” means criminal negligence as defined in AS 11.81.900(a)(4);
(3) “edible meat” means, in the case of big game animals, the meat of the ribs, neck, brisket, front quarters as far as the distal joint of the radius-ulna (knee), hindquarters as far as the distal joint of the tibia-fibula (hock), and that portion of the animal between the front and hindquarters; in the case of wild fowl, the meat of the breast; however, “edible meat” of big game or wild fowl does not include
(A) meat of the head;
(B) meat that has been damaged and made inedible by the method of taking;
(C) bones, sinew, and incidental meat reasonably lost as a result of boning or a close trimming of the bones;
(D) viscera;
(4) “intentionally” means intentionally as defined in AS 11.81.900(a)(1);
(5) “knowingly” means knowingly as defined in AS 11.81.900(a)(2);
(6) “possess the edible meat” includes possessing portions of the edible meat in more than one location while the meat is being transported from the place where it was salvaged;
(7) “recklessly” means recklessly as defined in AS 11.81.900(a)(3);
(8) “wild fowl” means species of wild fowl for which seasons or bag limits have been established by state or federal law.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 35. Predatory Animals › Sec. 16.35.210. Nonindigenous fish.

(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.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 40. Commercial Use of Fish and Game › Article 1. Buffalo, Musk Oxen, Elk, and Elephants. › Sec. 16.40.010. Disposition of surplus buffalo and musk oxen.

Whenever it is determined by the department that a surplus exists in the herds of buffalo and musk oxen under its control, the department may, under regulations adopted by it, grant the surplus or portions of it to persons, groups, associations, partnerships, or corporations for the purpose of raising and breeding the animals as domestic stock for commercial purposes, or for scientific and educational purposes. A person, group, association, partnership, or corporation may receive animals only after proving to the satisfaction of the department
(1) intent to raise and breed the animals; and
(2) possession of facilities for maintaining the animals under positive control.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 40. Commercial Use of Fish and Game › Article 1. Buffalo, Musk Oxen, Elk, and Elephants. › Sec. 16.40.050. Capture or release of elk.

(a) [Repealed, § 5 ch 41 SLA 2000.]
(b) [Repealed, § 5 ch 41 SLA 2000.]
(c) A live elk may not be captured from the wild or released into the wild without an appropriate license or permit from the department.
(d) [Repealed, § 5 ch 41 SLA 2000.]
(e) [Repealed, § 5 ch 41 SLA 2000.]
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 40. Commercial Use of Fish and Game › Article 1. Buffalo, Musk Oxen, Elk, and Elephants. › Sec. 16.40.060. Elephant permit.

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.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 40. Commercial Use of Fish and Game › Article 2. Aquatic Farming. › Sec. 16.40.105. Criteria for issuance of permits.

The commissioner shall issue permits under AS 16.40.100 on the basis of the following criteria:
(1) the physical and biological characteristics of the proposed farm or hatchery location must be suitable for the farming or the shellfish or aquatic plant proposed;
(2) the proposed farm or hatchery may not require significant alterations in traditional fisheries or other existing uses of fish and wildlife resources;
(3) the proposed farm or hatchery may not significantly affect fisheries, wildlife, or their habitats in an adverse manner;
(4) the proposed farm or hatchery plans and staffing plans must demonstrate technical and operational feasibility; and
(5) the proposed farm site may not include more than an insignificant population of a wild stock, on the site, of a shellfish species intended to be cultured.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 40. Commercial Use of Fish and Game › Article 2. Aquatic Farming. › Sec. 16.40.110. Permit application, renewal, and transfer.

(a) An applicant for an aquatic farming or hatchery permit required under AS 16.40.100 shall apply on a form prescribed by the commissioner. An application for a permit must include a plan for the development and operation of the aquatic farm or hatchery, which must be approved by the commissioner before the permit is issued.
(b) An application for renewal or transfer of a permit must be accompanied by fees required by the commissioner, a report of the disease history of the farm or hatchery covered by the permit, and evidence that satisfies the commissioner that the applicant has complied with the development plan required under (a) of this section. The commissioner may require a health inspection of the farm or hatchery as a condition of renewal. The department may conduct the inspection or contract with a disease diagnostician to conduct the inspection.
(c) A person to whom a permit is transferred may use the permit only for the purposes for which the permit was authorized to be used by the transferor, and subject to the same conditions and limitations.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 40. Commercial Use of Fish and Game › Article 2. Aquatic Farming. › Sec. 16.40.120. Aquatic stock acquisition permits.

(a) A person may not acquire aquatic plants or shellfish from wild stock in the state for the purpose of supplying stock to an aquatic farm or hatchery required to have a permit under AS 16.40.100 unless the person holds an acquisition permit from the commissioner.
(b) An acquisition permit authorizes the permit holder to acquire the species and quantities of wild stock in the state specified in the permit for the purposes of supplying stock to
(1) an aquatic farm or hatchery required to have a permit under AS 16.40.100;
(2) the department.
(c) The commissioner shall specify the expiration date of an acquisition permit and may attach conditions to an acquisition permit, including conditions relating to the time, place, and manner of harvest. Size, gear, place, time, licensing, and other limitations applicable to sport, commercial, or subsistence harvest of aquatic plants and shellfish do not apply to a harvest with a permit issued under this section. The commissioner of fish and game shall issue or deny a permit within 30 days after receiving an application.
(d) The commissioner shall deny or restrict a permit under this section upon finding that the proposed harvest will impair sustained yield of the species or will unreasonably disrupt established uses of the resources by commercial, sport, personal use, or subsistence users. The commissioner shall inform the Board of Fisheries of any action taken on permit applications for species that support commercial fisheries subject to limited entry under AS 16.43 and of any permits denied because of unreasonable disruption of an established use. A denial of the permit by the commissioner must contain the factual basis for the findings.
(e) The Board of Fisheries may adopt regulations for the conservation, maintenance, and management of species for which an acquisition permit is required.
(f) Except as provided in (d) of this section or in a regulation adopted under (e) of this section, the commissioner shall issue a permit if
(1) wild stock is necessary to meet the initial needs of farm or hatchery stock;
(2) there are technological limitations on the propagation of culture stock for the species sought;
(3) wild stock sought is not fully utilized by commercial, sport, personal use, or subsistence fisheries; or
(4) wild stock is needed to maintain the gene pool of a hatchery or aquatic farm.
(g) Aquatic plants and shellfish acquired under a permit issued under this section become the property of the permit holder and are no longer a public or common resource.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 40. Commercial Use of Fish and Game › Article 2. Aquatic Farming. › Sec. 16.40.130. Importation of aquatic plants or shellfish for stock.

A person may not import into the state an aquatic plant or shellfish for the purpose of supplying stock to an aquatic farm or hatchery unless authorized by a regulation of the Board of Fisheries.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 40. Commercial Use of Fish and Game › Article 2. Aquatic Farming. › Sec. 16.40.140. Limitation on sale, transfer of stock, and products.

(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.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 40. Commercial Use of Fish and Game › Article 2. Aquatic Farming. › Sec. 16.40.145. Geoduck seed transfer between a certified hatchery and an aquatic farm.

Consistent with AS 16.40.140(b) - (d), a hatchery certified under AS 16.40.100 may transfer geoduck seed to an aquatic farm located in a fisheries management area established under this title that is contiguous to the Gulf of Alaska.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 40. Commercial Use of Fish and Game › Article 2. Aquatic Farming. › Sec. 16.40.150. Disease control and inspection.

(a) The department shall order the quarantine or the destruction and disposal of diseased hatchery stock or of aquatic farm products when necessary to protect wild stock. A holder of a permit issued under AS 16.40.100 shall report to the department an outbreak or incidence of disease among stock or aquatic farm products of the permit holder within 48 hours after discovering the outbreak or incidence.
(b) A holder of a permit issued under AS 16.40.100 shall allow the department to inspect the permit holder's farm or hatchery during operating hours and upon reasonable notice. The cost of inspection shall be borne by the department.
(c) The department shall develop a disease management and control program for aquatic farms and hatcheries.
(d) The department may enter into an agreement with a state or federal agency or a private, state-certified provider to provide services under (b) and (c) of this section, or inspections under AS 16.40.110(b).
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 40. Commercial Use of Fish and Game › Article 2. Aquatic Farming. › Sec. 16.40.155. Records and reports confidential.

Records required by statute or by a regulation adopted by the department concerning aquatic farm stocks or production, prices, and harvests of aquatic farm products and wild stocks, and annual statistical reports of individual aquatic farms or hatcheries required by statute or by a regulation adopted by the department are confidential and may not be released by the department, except that the department may release the records and reports
(1) to the Department of Revenue and the Department of Natural Resources to assist the departments in carrying out their respective statutory responsibilities;
(2) as necessary to comply with a court order;
(3) provided by an aquatic farm or hatchery permit holder to the permit holder whose activity is the subject of the records or reports;
(4) regarding cumulative annual harvests of wild stocks at individual aquatic farm sites.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 40. Commercial Use of Fish and Game › Article 2. Aquatic Farming. › Sec. 16.40.170. Penalty.

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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 43. Regulation of Entry into Alaska Commercial Fisheries › Article 3. Initial Issuance of Entry Permits. › Sec. 16.43.200. Administrative areas.

(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.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 43. Regulation of Entry into Alaska Commercial Fisheries › Article 3. Initial Issuance of Entry Permits. › Sec. 16.43.210. Interim-use permit; qualifications.

(a) For each fishery that is not subject to a maximum number of entry permits under AS 16.43.240 and not subject to a moratorium under AS 16.43.225, the commission shall issue interim-use permits under regulations adopted by the commission to all applicants who can establish their present ability to participate actively in the fishery for which they are making application.
(b) Before the issuance of the maximum number of entry permits for a given fishery, the commission may issue an interim-use permit to an applicant who may later become eligible for an entry permit under AS 16.43.270.
(c) To the extent that the commissioner of fish and game authorizes it under AS 16.05.050(a)(9), the commission may grant an interim-use permit to a person to engage in the commercial taking from a fishery on an experimental basis.
(d) The sustained yield management and economic health of the following fisheries is severely impaired as a result, among other factors, of too many units of gear participating in the commercial harvest:
(1) Bristol Bay registration area - drift gillnet fishery;
(2) Cook Inlet registration area - drift gillnet fishery;
(3) Prince William Sound registration area - drift gillnet fishery.
(e) [Repealed, § 69 ch 6 SLA 1984.]
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 43. Regulation of Entry into Alaska Commercial Fisheries › Article 3. Initial Issuance of Entry Permits. › Sec. 16.43.220. Terms and conditions of interim-use permits.

(a) The commission shall adopt regulations specifying the dates and places of application, the procedures to be followed in renewal of the interim-use permit including the time, place of its renewal, and for any other purpose incident to the administration of interim-use permits for that fishery. An interim-use permit shall expire upon the final determination of the holder's eligibility for an entry permit.
(b) [Repealed, § 9 ch 73 SLA 1977.]
(c) The holder of an interim-use permit shall have the permit in possession at all times when engaged in the operation of the gear for which it was issued.