reglab/statecodes huggingface dataset:
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 2. Interference with Commercial Fishing Gear. › Sec. 16.10.055. Interference with commercial fishing gear.

A person who wilfully or with reckless disregard of the consequences, interferes with or damages the commercial fishing gear of another person is guilty of a misdemeanor. For the purposes of this section “interference” means the physical disturbance of gear which results in economic loss or loss of fishing time, and “reckless disregard of the consequences” means a lack of consideration for the consequences of one's acts in a manner that is reasonably likely to damage the property of another.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 3. Fish Traps and Other Illegal Fishing Devices. › Sec. 16.10.070. Operation of fish traps.

Fish traps, including but not limited to floating, pile-driven, or hand-driven fish traps, may not be operated in the state on or over state land, tideland, submerged land, or water. This section does not prevent the operation of small hand-driven fish traps of the type ordinarily used on rivers of the state that are otherwise legally operated in or above the mouth of a stream or river.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 3. Fish Traps and Other Illegal Fishing Devices. › Sec. 16.10.080. Federal compact exempted.

AS 16.10.070 may not be construed to violate sec. 4, P.L. 85-508 (72 Stat. 339) (Alaska Statehood Act), which constitutes a compact between the United States and Alaska, under which the state disclaims all right and title to land or other property (including fishing rights), the right or title to which may be held by Indians, Eskimos, or Aleuts, hereafter referred to as Natives, or which is held by the United States in trust for these Natives.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 3. Fish Traps and Other Illegal Fishing Devices. › Sec. 16.10.090. Penalty for violation of AS 16.10.070.

A person who violates AS 16.10.070 is guilty of a misdemeanor and is punishable by imprisonment for not more than one year, or by a fine of not more than $5,000 or by both.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 3. Fish Traps and Other Illegal Fishing Devices. › Sec. 16.10.100. Erection of fish traps prohibited on land or water owned by state.

Fish traps, including but not limited to floating, pile-driven, or hand-driven fish traps, may not be erected, moored, or maintained on or over land, tideland, submerged land, or water owned or otherwise acquired by the state. This section does not prevent the maintenance, use, or operation of small, hand-driven fish traps of the type ordinarily used on rivers of the state which are otherwise legally maintained and operated in or above the mouth of a stream or river.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 3. Fish Traps and Other Illegal Fishing Devices. › Sec. 16.10.110. Penalty for violation of AS 16.10.100.

A person who violates AS 16.10.100 is guilty of a misdemeanor and is punishable by imprisonment for not more than one year or by a fine of not more than $5,000, or by both.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 3. Fish Traps and Other Illegal Fishing Devices. › Sec. 16.10.120. Use of drum or reel in operation of purse seine.

A person may not use, employ, or operate a drum or reel around which a purse seine is coiled, rolled, or looped for purposes of taking or removing fish from a body of water located on or over land or tideland owned by the state or over which the state has jurisdiction. This section does not prevent the use of power blocks or the use of a reel mounted on a seine skiff to haul in or let out the separate purse seine lead which is temporarily connected to the purse seine proper, as these terms are generally employed or used in the fishing industry.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 3. Fish Traps and Other Illegal Fishing Devices. › Sec. 16.10.125. Use of termination device on shellfish and bottom fish pot required.

The Board of Fisheries shall, by regulation, prescribe a termination device or devices for all shellfish and bottom fish pots. In this section “termination device” means a biodegradable seam or panel or other device that renders the pot incapable of holding shellfish or bottom fish for more than six months when it is continuously immersed in sea water.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 3. Fish Traps and Other Illegal Fishing Devices. › Sec. 16.10.130. Penalty for violation of AS 16.10.120 or 16.10.125.

A person who violates AS 16.10.120 or 16.10.125 is guilty of a misdemeanor, and upon conviction is punishable by imprisonment for not more than six months, or by a fine of not more than $1,000, or by both.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 4. Utilization of Pollock and Herring. › Sec. 16.10.164. Policy on utilization of pollock.

The legislature declares that stripping roe from pollock without utilizing the flesh is wasteful and does not constitute utilization of this resource for the maximum benefit of the people. Therefore, it is the policy of the state that
(1) roe stripping be eliminated to the fullest extent possible; and
(2) pollock taken in a commercial fishery should be utilized for human consumption to the fullest extent practicable.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 4. Utilization of Pollock and Herring. › Sec. 16.10.165. Utilization of groundfish taken in a commercial fishery.

(a) Unless otherwise provided by law, a person may not recklessly waste or cause to be wasted groundfish taken in a commercial fishery.
(b) The Board of Fisheries may adopt regulations under AS 44.62 (Administrative Procedure Act) it considers necessary for implementation of this section. The board may delegate its authority under this section to the commissioner.
(c) A person who violates this section is guilty of a class A misdemeanor.
(d) Each day on which a violation of this section occurs is a separate violation.
(e) In this section
(1) “flesh” means all muscular body tissue surrounding the skeleton;
(2) “groundfish” means
(A) pollock; or
(B) other species of groundfish designated by the Board of Fisheries under authority of this section;
(3) “person” includes a joint venture;
(4) “waste” means the failure to use the flesh of groundfish for human consumption, reduction to meal, production of food for domestic animals or fish, bait, or scientific, display, or educational purposes; “waste” does not include normal, inadvertent loss of flesh associated with processing that cannot be prevented by practical means.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 4. Utilization of Pollock and Herring. › Sec. 16.10.172. Legislative policy on utilization of herring.

The legislature finds the following: (1) extensive and valuable herring populations are available for harvest in waters subject to the jurisdiction of the state; (2) commercial markets are available for herring processed in several forms; (3) one processing technique presently employed involves deliberately permitting decomposition of the herring carcass to allow for removal and subsequent sale of the roe product, with the consequence that the flesh is unusable and discarded. The legislature declares that the process referred to in (3) of this section is wasteful and does not constitute utilization of this resource for the maximum benefit of the people. Therefore, it is the policy of the legislature that this process should be eliminated to the fullest extent possible.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 4. Utilization of Pollock and Herring. › Sec. 16.10.173. Utilization of commercially taken herring.

(a) A person may not waste or cause to be wasted any commercially taken herring.
(b) The Board of Fisheries may adopt regulations under AS 44.62 (Administrative Procedure Act) it considers necessary for implementation of this section. The board may delegate its authority under this section to the commissioner.
(c) The provisions of this section do not apply to herring taken commercially in the Bering Sea (including appurtenant bays, sounds, estuaries, and water of the state) north of 56° North Latitude, until January 1, 1979.
(d) In this section,
(1) “flesh” means all muscular body tissue surrounding the bony skeleton of the herring;
(2) “person” has the meaning given in AS 01.10.060 and also includes a joint venture;
(3) “waste” means the failure to use the flesh of commercially taken herring for reduction to meal, production of fish food, human consumption, food for domestic animals, scientific or educational purposes, or round herring bait. Normal, inadvertent loss of flesh associated with the uses described in this subsection that cannot be prevented by practical means does not constitute waste. The commissioner may authorize other uses of commercially taken herring consistent with the intent of this section and AS 16.10.172 upon receipt of a request accompanied by a detailed justification.
(e) A person who violates this section is guilty of a class A misdemeanor.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 4. Utilization of Pollock and Herring. › Sec. 16.10.175. Removal of herring from state.

(a) A person may not remove herring from the state before the herring has been frozen or otherwise processed for shipment.
(b) In this section, “processed for shipment” includes, but is not limited to, icing, stripping, or salting of the herring; however, it does not include salting of the herring if five percent or more of the body weight of the herring consists of roe.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 5. Migratory Fish and Shellfish. › Sec. 16.10.180. Legislative findings.

The legislature finds and recognizes these facts:
(1) migratory fish and migratory shellfish are present in commercial quantities inside and outside the territorial waters of the state;
(2) migratory fish and migratory shellfish taken from the waters of the state are indistinguishable, in most cases, from those taken from the adjacent high seas;
(3) substantial quantities of migratory fish and migratory shellfish move inshore and offshore intermittently and at various times during a given year and in so doing often enter and leave territorial waters of the state;
(4) to conserve the migratory fish and migratory shellfish found inside the waters of the state it is necessary to strictly enforce local laws and regulations;
(5) by making certain laws and regulations enacted or adopted for the regulation of the coastal fishery applicable to the adjacent high sea areas, enforcement of these laws and regulations is facilitated;
(6) conservation regulations should not be adopted to impose economic sanctions.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 5. Migratory Fish and Shellfish. › Sec. 16.10.190. Regulations.

The Board of Fisheries may adopt regulations to carry out the purposes of AS 16.10.180 - 16.10.230 defining the adjacent high sea areas, migratory fish, and migratory shellfish and to make coastal fishery regulations governing the manner, means, conditions, and time for the taking of migratory fish and migratory shellfish applicable in designated adjacent high sea areas.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 5. Migratory Fish and Shellfish. › Sec. 16.10.200. Unlawful taking prohibited.

A person taking migratory fish and migratory shellfish in high sea areas designated by the Board of Fisheries or in violation of the regulations adopted by the Board of Fisheries governing the taking of migratory fish and migratory shellfish in the designated areas may not possess, sell, offer to sell, barter, offer to barter, give, or transport in the state, including the waters of the state, migratory fish or migratory shellfish.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 5. Migratory Fish and Shellfish. › Sec. 16.10.210. Unlawful sale or offer prohibited.

A person may not possess, purchase, offer to purchase, sell, or offer to sell in the state migratory fish or migratory shellfish taken on the high seas knowing that they were taken in violation of a regulation adopted by the Board of Fisheries governing the taking of migratory fish or migratory shellfish in certain areas designated by the Board of Fisheries or the commissioner.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 5. Migratory Fish and Shellfish. › Sec. 16.10.220. Penalty for violation of AS 16.10.200 and 16.10.210.

A person who violates AS 16.10.200 and 16.10.210 is guilty of a misdemeanor, and upon conviction is punishable by a fine of not more than $5,000 or by imprisonment for not more than one year, or by both.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 5. Migratory Fish and Shellfish. › Sec. 16.10.230. Exemptions.

AS 16.10.180 - 16.10.220 do not apply to
(1) the use of nets for fishing for or taking salmon for the purposes of scientific investigation authorized by state law; and
(2) existing laws and regulations prohibiting the taking of salmon by means of nets on the high seas.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 6. Transportation of Fish and Shellfish. › Sec. 16.10.240. Transportation of live crab.

(a) A person may not take out of or ship, transport, or send from this state any commercially taken live crab, unless the crab have been landed in a port in the state and recorded on a fish ticket form prescribed by the department.
(b) Notwithstanding (a) of this section, live crab may be taken, shipped, transported, or sent from the state by means of surface transportation only if the crab are taken at a time and location in the state for which the Department of Environmental Conservation does not require seafood processors to test crab for the presence of marine toxins.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 6. Transportation of Fish and Shellfish. › Sec. 16.10.250. Penalty.

A person, association, or corporation violating AS 16.10.240 or contributing to or cooperating in the violation of AS 16.10.240 is guilty of a misdemeanor, and upon conviction is punishable by a fine of not more than $5,000, or by imprisonment for not more than one year, or by both. Each unlawful removal of live crab is a separate offense. Vessels and equipment used in or in aid of a violation of AS 16.10.240 may be seized and disposed of as provided in AS 16.05.190. Conviction under AS 16.10.240 is grounds for suspension of a fishing license or permit by the department.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 7. Purchase of Fish. › Sec. 16.10.265. Purchase of fish from permit holders.

(a) An individual may not, while acting as a fish processor or primary fish buyer, or as an agent, director, officer, member, or employee of a fish processor, of a primary fish buyer, or of a cooperative corporation organized under AS 10.15, intentionally or knowingly make an original purchase of fish from a seller who does not hold
(1) a landing permit, an entry permit, or an interim-use permit; or
(2) a fish transporter permit under AS 16.05.671.
(b) An individual who violates (a) of this section is
(1) upon a first conviction, guilty of a class B misdemeanor and shall be sentenced to a fine of not less than $1,000 nor more than $5,000, and may be sentenced to a definite term of imprisonment of not more than 90 days;
(2) upon a second conviction, guilty of a class A misdemeanor and shall be sentenced to a fine of not less than $5,000 nor more than $10,000, and may be sentenced to a definite term of imprisonment of not more than one year;
(3) upon a third or subsequent conviction, guilty of a class A misdemeanor and shall be sentenced to a fine of not less than $10,000 nor more than $25,000, and may be sentenced to a definite term of imprisonment of not more than one year.
(c) The commissioner of revenue shall impose upon a fish processor, primary fish buyer, or cooperative corporation organized under AS 10.15, a civil fine equal to the value of fish purchased in violation of this section by (1) the fish processor or primary fish buyer if the fish processor or primary fish buyer is not a corporation; or (2) a director, officer, or employee in a policy-making position of the fish processor, of the primary fish buyer, or of the cooperative corporation. Value is based on the average price paid to fishermen at the time of the violation.
(d) The commissioner of commerce, community, and economic development may suspend or revoke a business license issued under AS 43.70.020 and the commissioner of revenue may suspend or revoke a license to engage in the business of processing or buying raw fish if the licensee or an officer, director, or employee in a policy-making position of the licensee has been convicted of three offenses under this section. Proceedings to suspend or revoke a license are governed by AS 44.62 (Administrative Procedure Act).
(e) An organization may not be criminally prosecuted under (a) of this section.
(f) In this section, “individual” means a natural person.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 7. Purchase of Fish. › Sec. 16.10.267. Possession of permit and identification by seller.

(a) When a fisherman sells fish, the fisherman shall possess
(1) a landing permit, entry permit, or interim-use permit issued or transferred to the fisherman under AS 16.43, or other document authorized by regulation to be used in place of an entry permit or interim-use permit; and
(2) an identification card that has been issued to the fisherman by a state or federal agency or other organization designated by the Department of Public Safety and that bears a photograph of the fisherman.
(b) If requested by the purchaser of the fish or by a peace officer, the fisherman or fish transporter shall present for inspection the identification card, entry permit, interim-use permit, fish transporter permit, or other document required to be in the fisherman's or the fish transporter's possession under (a) or (d) of this section.
(c) Examples of a suitable identification card required under (a)(2) and (d)(2) of this section are a motor vehicle operator's license issued under AS 28.15.111 and an identification card issued under AS 18.65.310.
(d) When a fish transporter sells fish as the agent of the commercial fisherman who caught the fish, the fish transporter shall possess
(1) a fish transporter permit and the fish ticket completed by the fish transporter under AS 16.05.671(d); and
(2) an identification card that has been issued to the fish transporter by a state or federal agency or other organization designated by the Department of Public Safety and that bears a photograph of the fish transporter.
(e) A person who violates this section is, upon conviction, guilty of a class B misdemeanor and may be sentenced to a definite term of imprisonment of not more than 90 days. In addition
(1) upon a first conviction for a violation of this section, the court may sentence the convicted person to pay a fine of not more than $5,000 and may order the loss of commercial fishing privileges for a period of not more than three years from the date of conviction;
(2) upon a second conviction for a violation of this section, the court may sentence the convicted person to pay a fine of not more than $10,000 and may order the loss of commercial fishing privileges for a period of not more than three years from the date of conviction;
(3) upon a third or subsequent conviction for a violation of this section, the court
(A) may sentence the convicted person to pay a fine of not more than $10,000; and
(B) shall order that the convicted person lose commercial fishing privileges for a period of three years from the date of conviction.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 7. Purchase of Fish. › Sec. 16.10.268. Notice of liability.

(a) The commissioner of labor and workforce development shall print posters that contain notice of the requirements of AS 16.10.265. The commissioner shall distribute the posters to fish processors, primary fish buyers, and cooperative corporations organized under AS 10.15 for the purpose of buying fish.
(b) A fish processor, primary fish buyer, or cooperative corporation organized under AS 10.15 for the purpose of buying fish shall display in a prominent place on its business premises posters provided by the commissioner of labor and workforce development under (a) of this section.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 7. Purchase of Fish. › Sec. 16.10.269. Limitations.

AS 16.10.265 and 16.10.267 do not apply to the purchase or sale of aquatic farm products from a holder of a permit issued under AS 16.40.100 or stock from a holder of a permit issued under AS 16.40.120.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 7. Purchase of Fish. › Sec. 16.10.270. Purchase of fish by the pound.

(a) A fish processor or primary fish buyer shall purchase raw fish by the pound. The poundage of the fish to be purchased shall be determined by weighing the fish unless both the buyer and seller agree in writing upon a sample weighing technique that will fairly determine the average weight of the fish purchased.
(b) A person who violates this section is guilty of a misdemeanor and upon conviction is punishable by imprisonment for not more than one year, or by a fine of not more than $5,000, or by both.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 7. Purchase of Fish. › Sec. 16.10.280. Price disputes between fishermen and fish processors.

In an area where a price dispute exists between at least one-third of the registered commercial fishermen for that area, as estimated by the Department of Fish and Game on the basis of information available to the department, and fish processors on the price to be paid for salmon, and no agreement has been reached up to 120 days before the opening of the salmon fishing season in that area, a representative from the Department of Labor and Workforce Development shall intervene as mediator of the dispute upon request of either party.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 7. Purchase of Fish. › Sec. 16.10.294. Administrative and judicial orders.

(a) [Repealed, § 4, E.O. No. 85 (1993).]
(b) [Repealed, § 4, E.O. No. 85 (1993).]
(c) [Repealed, § 4, E.O. No. 85 (1993).]
(d) [Repealed, § 4, E.O. No. 85 (1993).]
(e) If the commissioner determines that a fish processor or primary fish buyer is acting in violation of AS 16.10.270 - 16.10.280, the commissioner shall give written notice prohibiting further action by the person as a fish processor or primary fish buyer. The prohibition continues until the person has submitted evidence acceptable to the commissioner showing that the violation has been corrected.
(f) A person affected by an order issued under AS 16.10.265 - 16.10.296 may seek equitable relief preventing the commissioner from enforcing the order.
(g) In an action instituted in the superior court by the commissioner or a representative of the commissioner, a person acting in the capacity of a fish processor or primary fish buyer in violation of AS 16.10.265 - 16.10.296 may be enjoined from acting as a fish processor or primary fish buyer.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 7. Purchase of Fish. › Sec. 16.10.296. Definitions.

In AS 16.10.265 - 16.10.296, unless the context otherwise requires,
(1) “commissioner” means the commissioner of labor and workforce development;
(2) “fish” means any species of aquatic finfish, invertebrates and amphibians, shellfish, or any other raw fishery resource, in any stage of its life cycle, found in or introduced into the state, and includes fish eggs except fish eggs sold for stock enhancement purposes;
(3) “fish processor” means a person engaging or attempting to engage in a business for which a license is required under AS 43.75;
(4) “primary fish buyer” means a person, other than a cooperative corporation organized under AS 10.15, engaging or attempting to engage in the business of originally purchasing or buying any fishery resource in intrastate, interstate, or foreign commerce.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 8. Commercial Fishing Loan Act. › Sec. 16.10.300. Declaration of policy.

It is the policy of the state, under AS 16.10.300 - 16.10.370, to promote the rehabilitation of the state's fisheries, the development of a predominantly resident fishery, and the continued maintenance of commercial fishing gear and vessels throughout the state by means of long-term low interest loans.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 8. Commercial Fishing Loan Act. › Sec. 16.10.325. Guarantors.

A person may act as guarantor if the borrower has insufficient collateral to secure a loan for the purposes described in AS 16.10.310(a)(1)(B) or (C). The loan agreement shall specifically describe the property of the guarantor to be used as collateral by the borrower and shall be signed by the guarantor and the borrower. The department shall provide the guarantor with a copy of all notices sent to the borrower by the department. If the loan is for the purchase of an entry permit or quota shares, the guaranty by the guarantor may not constitute a lien, mortgage, or encumbrance on or pledge of the entry permit or quota shares.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 8. Commercial Fishing Loan Act. › Sec. 16.10.333. Loans for purchase of Alaska limited entry permits.

(a) Loans under AS 16.10.310(a) may be made to an individual commercial fisherman for the purchase of a limited entry permit upon certification by the commission that the fisherman is a person who qualifies as a transferee for the permit under AS 16.43 and the regulations adopted by the commission.
(b) Upon approval by the commissioner, the permit to be purchased may be pledged as security for a loan under (a) of this section, if
(1) the certificate for the pledged permit lists the commissioner as the legal owner of the permit;
(2) the certificate for the pledged permit lists the debtor as the equitable owner of the permit;
(3) all annual permit cards issued under the pledged permit list the name of the debtor;
(4) all obligations and responsibilities of a permit owner are assumed by the debtor;
(5) co-signers or other sureties for performance under the note are not vested with any rights in the pledged permit and their obligation is limited to satisfaction of the note and payment of costs directly incurred by the department in administering the loan.
(c) The commissioner is not liable for any act or omission resulting from permit ownership nor will that act or omission affect the commissioner's title to the permit or the commissioner's rights under it.
(d) Upon satisfaction of the note by the debtor, the commissioner shall certify to the commission that the note has been satisfied.
(e) Upon certification as provided in (d) of this section, the commission shall amend the permit certificate to list the debtor as the legal owner.
(f) [Repealed, § 34 ch 79 SLA 1985.]
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 8. Commercial Fishing Loan Act. › Sec. 16.10.337. Deficiencies and transfer of entry permits after foreclosure.

(a) Upon a foreclosure on an entry permit as provided in AS 16.10.335 or the termination of a debtor's interest in an entry permit under AS 16.10.335(g), the commissioner shall offer the commission a right of first refusal if the permit is subject to a buy-back program under AS 16.43.290 - 16.43.330 at a price equal to the amount outstanding on the note plus any costs the department directly incurred in administering the loan.
(b) If the commission does not exercise its right of first refusal within 30 days after it receives the offer, or if the permit is not subject to a buy-back program under AS 16.43.290 - 16.43.330, the department shall advertise and sell the permit. If the proceeds of the sale of a permit exceed the amount necessary to pay the note in full, plus penalties, costs of administration of the note, attorney fees, and child support liens of which the department has notice, the excess shall be transferred by the commissioner to the debtor. At any time until the permit has been sold under this subsection, the debtor may repurchase the permit by paying the department the amount necessary to pay the note in full, plus penalties, costs of administration of the note, and attorney fees, as determined by the commissioner.
(c) [Repealed, § 72 ch 113 SLA 1982.]
(d) Nothing in this section affects the right of the commissioner to institute legal action for a deficiency resulting from a default on a note given under AS 16.10.333. In addition to any deficiency, the debtor is liable for the costs of administering the note and for costs and attorney fees.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 8. Commercial Fishing Loan Act. › Sec. 16.10.338. Entry permits as collateral.

(a) Alaska limited entry permits may be used as security for loans under AS 16.10.310(a). The provisions of AS 16.10.335 and 16.10.337 apply to Alaska limited entry permits pledged as security for loans in accordance with this section.
(b) If a limited entry permit is pledged for security for a loan made under AS 16.10.310(a)(1)(B) for the repair, restoration, upgrading, construction, or purchase of a vessel and the borrower thereafter fails to make a payment or defaults, the commissioner shall, in addition to the notice provided under AS 16.10.335(a), notify the borrower that subject to the commissioner's acceptance the borrower may sell the vessel, apply the sales proceeds to the debt, and renegotiate payment of the balance due on the loan to avoid the immediate loss of the limited entry permit that has been pledged for security for the loan.
(c) If a limited entry permit is pledged for security for a loan made under AS 16.10.310(a)(1)(C) for the purchase of quota shares and the borrower thereafter fails to make a payment or defaults, the commissioner shall, in addition to the notice provided under AS 16.10.335(a), notify the borrower that subject to the commissioner's acceptance the borrower may sell the quota shares, apply the sales proceeds to the debt, and renegotiate payment of the balance due on the loan to avoid the immediate loss of the limited entry permit that has been pledged for security for the loan.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 8. Commercial Fishing Loan Act. › Sec. 16.10.340. Commercial fishing revolving loan fund.

(a) There is a commercial fishing revolving loan fund to carry out the purpose of AS 16.10.300 - 16.10.370.
(b) Money in the fund may be used by the legislature to make appropriations for costs of administering AS 16.10.300 - 16.10.370.
(c) If the commissioner determines that the fund contains money that is excess to that needed to carry out the purpose of AS 16.10.300 - 16.10.370, then the commissioner may use the excess money to carry out the purpose of AS 16.10.500 - 16.10.560.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 8. Commercial Fishing Loan Act. › Sec. 16.10.342. Foreclosure expense account.

(a) There is established as a special account within the commercial fishing revolving loan fund the foreclosure expense account.
(b) [Repealed, § 72 ch 113 SLA 1982.]
(c) The commissioner may expend money credited to the foreclosure expense account when necessary to protect the state's security interest in collateral on loans granted under AS 16.10.300 - 16.10.370 or to defray expenses incurred during foreclosure proceedings after a default by an obligor.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 8. Commercial Fishing Loan Act. › Sec. 16.10.350. Administration of fund.

(a) The commissioner shall administer the commercial fishing revolving loan fund.
(b) The commissioner shall annually prepare a report detailing the number and nature of reinstatements authorized by AS 16.10.335(a)(5) and notify the legislature that the report is available.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 8. Commercial Fishing Loan Act. › Sec. 16.10.353. Waiver of confidentiality.

(a) The commissioner may release information about a borrower's loan to any individual when release of the information has been authorized by the borrower.
(b) A person obtaining a loan under AS 16.10.300 - 16.10.370 after June 28, 1991 may, by signing a form prepared for the purpose, designate the names of persons and organizations to whom a copy of the notice required by AS 16.10.335 must be sent.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 8. Commercial Fishing Loan Act. › Sec. 16.10.355. Disposal of property acquired by default or foreclosure.

The department shall dispose of property acquired through default or foreclosure of a loan made under AS 16.10.300 - 16.10.370 or former AS 16.10.650 - 16.10.720. Disposal shall be made in a manner that serves the best interests of the state, and may include the amortization of payments over a period of years, but may not be by lease.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 8. Commercial Fishing Loan Act. › Sec. 16.10.360. Definitions.

In AS 16.10.300 - 16.10.370,
(1) “commission” means the Alaska Commercial Fisheries Entry Commission;
(2) “commissioner” means the commissioner of commerce, community, and economic development;
(3) “debtor” means an individual commercial fisherman who either initially contracts for a loan under AS 16.10.333 - 16.10.337 or assumes a loan as provided in those sections;
(4) “department” means the Department of Commerce, Community, and Economic Development;
(5) “quota share” means a transferable license, permit, or right issued by the federal government that conveys a right to engage in a fishery in or off Alaska and to take a specified portion of the annual harvest quota for that fishery.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 9. Salmon Hatcheries. › Sec. 16.10.375. Regional salmon plans.

The commissioner shall designate regions of the state for the purpose of salmon production and have developed and amend as necessary a comprehensive salmon plan for each region, including provisions for both public and private nonprofit hatchery systems. Subject to plan approval by the commissioner, comprehensive salmon plans shall be developed by regional planning teams consisting of department personnel and representatives of the appropriate qualified regional associations formed under AS 16.10.380.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 9. Salmon Hatcheries. › Sec. 16.10.380. Regional associations.

(a) The commissioner shall assist in and encourage the formation of qualified regional associations for the purpose of enhancing salmon production. A regional association is qualified if the commissioner determines that it
(1) is comprised of associations representative of commercial fishermen in the region;
(2) includes representatives of other user groups interested in fisheries within the region who wish to belong; and
(3) possesses a board of directors that includes no less than one representative of each user group that belongs to the association.
(b) A qualified regional association, when it becomes a nonprofit corporation under AS 10.20, is established as a service area in the unorganized borough under AS 29.03.020 for the purpose of providing salmon enhancement services.
(c) In this section “user group” includes, but is not limited to, sport fishermen, processors, commercial fishermen, subsistence fishermen, and representatives of local communities.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 9. Salmon Hatcheries. › Sec. 16.10.400. Permits for salmon hatcheries.

(a) The commissioner or a designee may issue a permit, subject to the restrictions imposed by statute or regulation under AS 16.10.400 - 16.10.470, to a nonprofit corporation organized under AS 10.20, after the permit application has been reviewed by the regional planning team, for
(1) the construction and operation of a salmon hatchery;
(2) the operation of a hatchery under AS 16.10.480.
(b) The application for a permit under this section shall be on a form prescribed by the department and be accompanied by an application fee in the amount determined under (h) of this section. The commissioner may waive the submission of an application for a permit to operate a hatchery under AS 16.10.480.
(c) A hatchery permit is nontransferable. If a permit holder sells or leases a hatchery for which a permit is issued under this section, the new operator shall apply for a new permit under this section.
(d) [Repealed, § 19 ch 154 SLA 1977.]
(e) A qualified regional association formed under AS 16.10.380, if it has become a nonprofit corporation under AS 10.20, has a preference right to a permit under (a)(1) of this section if its proposed hatchery is provided for in the comprehensive plan for that region developed under AS 16.10.375 and the fresh water source exceeds one cubic foot per second minimum flow. Another local nonprofit hatchery corporation approved by a qualified regional association has an identical preference right.
(f) Except for permits issued before June 16, 1976, a permit may not be issued for construction or operation of a hatchery on an anadromous fish stream unless the stream has been classified as suitable for enhancement purposes by the commissioner. The commissioner shall undertake to make such classifications in conjunction with the development of the comprehensive plan under AS 16.10.375.
(g) During the development of a comprehensive plan for a region a permit may not be issued for a hatchery unless the commissioner determines that the action would result in substantial public benefits and would not jeopardize natural stocks.
(h) The department shall establish by regulation an application fee under this section in an amount that provides for the total amount of fees collected under (b) of this section to approximately equal the department's actual costs of processing permit applications under this chapter. The department shall annually review the fee level to determine whether the department's costs of processing permit applications under this chapter are approximately equal to the fees collected. If the review indicates that fees collected and these costs are not approximately equal, the department shall adjust the application fee by regulation. In January of each year, the department shall report the fee level and any revision made for the previous year under this subsection to the office of management and budget.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 9. Salmon Hatcheries. › Sec. 16.10.410. Hearings before permit issuance.

(a) At least 30 days before the issuance of a permit under AS 16.10.400, a public hearing shall be held in a central location in the vicinity of the proposed hatchery facility.
(b) Notice of the hearing shall be published in a newspaper of general circulation once a week for three consecutive weeks, with completion of the notice at least 10 days before the hearing.
(c) The hearing shall be conducted by the department. At a hearing for a permit under AS 16.10.400(a)(1), the applicant shall present a plan for the proposed hatchery, describing the capacity of the hatchery and other relevant facts that may be of interest to the department or the public. Interested members of the public shall be afforded an opportunity to be heard.
(d) The department shall record and consider objections and recommendations offered by the public at the hearing conducted under this section. It shall respond in writing, within 10 days after the hearing is held, to any specific objections offered by a member of the public at the hearing.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 9. Salmon Hatcheries. › Sec. 16.10.420. Conditions of a permit.

The department shall require, in a permit issued to a hatchery operator, that
(1) salmon eggs procured by the hatchery must be from the department or a source approved by the department;
(2) salmon eggs or resulting fry may not be placed in waters of the state other than those specifically designated in the permit;
(3) salmon eggs or resulting fry, sold to a permit holder by the state or by another party approved by the department, may not be resold or otherwise transferred to another person;
(4) salmon may not be released by the hatchery before department approval, and, for purposes of pathological examination and approval, the department shall be notified of the proposed release of salmon at least 15 days before the date of their proposed release by the hatchery;
(5) diseased salmon be destroyed in a specific manner and place designated by the department;
(6) adult salmon be harvested by hatchery operators only at specific locations as designated by the department;
(7) surplus eggs from salmon returning to the hatchery be made available for sale first to the department and then, after inspection and approval by the department, to operators of other hatcheries authorized by permit to operate under AS 16.10.400 - 16.10.470;
(8) if surplus salmon eggs are sold by a permit holder to another permit holder, a copy of the sales transaction be provided to the department;
(9) a hatchery be located in an area where a reasonable segregation from natural stocks occurs, but, when feasible, in an area where returning hatchery fish will pass through traditional salmon fisheries.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 9. Salmon Hatcheries. › Sec. 16.10.430. Alteration, suspension, or revocation of permit.

(a) If a permit holder fails to comply with the conditions and terms of the permit issued under AS 16.10.400 - 16.10.470 within a reasonable period after notification of noncompliance by the department, the permit may be suspended or revoked, in the discretion of the commissioner after the regional planning team for the area in which the hatchery is located is notified and granted an opportunity to comment upon the proposed suspension or revocation.
(b) If the commissioner finds that the operation of the hatchery is not in the best interests of the public, the commissioner may alter the conditions of the permit to mitigate the adverse effects of the operation, or, if the adverse effects are irreversible and cannot be mitigated sufficiently, initiate a termination of the operation under the permit over a reasonable period of time under the circumstances, not to exceed four years. During the period of time that the operation is being terminated, the permit holder may harvest salmon under the terms of the permit but may not release additional fish.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 9. Salmon Hatcheries. › Sec. 16.10.440. Regulations relating to released fish.

(a) Fish released into the natural waters of the state by a hatchery operated under AS 16.10.400 - 16.10.470 are available to the people for common use and are subject to regulation under applicable law in the same way as fish occurring in their natural state until they return to the specific location designated by the department for harvest by the hatchery operator.
(b) The Board of Fisheries may, after the issuance of a permit by the commissioner, amend by regulation adopted in accordance with AS 44.62 (Administrative Procedure Act), the terms of the permit relating to the source and number of salmon eggs, the harvest of fish by hatchery operators, and the specific locations designated by the department for harvest. The Board of Fisheries may not adopt any regulations or take any action regarding the issuance or denial of any permits required in AS 16.10.400 - 16.10.470.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 9. Salmon Hatcheries. › Sec. 16.10.443. Department assistance and cooperation.

(a) Before and after permit issuance under AS 16.10.400 - 16.10.470, the department shall make every effort, within the limits of time and resources, to advise and assist applicants or permit holders, as appropriate, in the planning, construction, or operation of salmon hatcheries.
(b) Nothing in this section exempts an applicant or permit holder from compliance with AS 16.10.400 - 16.10.470 or from compliance with the regulations or restrictions adopted under AS 16.10.400 - 16.10.470.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 9. Salmon Hatcheries. › Sec. 16.10.445. Egg sources.

(a) The department shall approve the source and number of salmon eggs taken under AS 16.10.400 - 16.10.470.
(b) Where feasible, salmon eggs utilized by a hatchery operator shall first be taken from stocks native to the area in which the hatchery is located, and then, upon department approval, from other areas, as necessary.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 9. Salmon Hatcheries. › Sec. 16.10.450. Sale of salmon and salmon eggs: use of proceeds; quality and price.

(a) Except as otherwise provided in a contract for the operation of a hatchery under AS 16.10.480, a hatchery operator who sells salmon returning from the natural waters of the state, or sells salmon eggs to another hatchery operating under AS 16.10.400 - 16.10.470, after utilizing the funds for reasonable operating costs, including debt retirement, expanding its facilities, salmon rehabilitation projects, fisheries research, or costs of operating the qualified regional association for the area in which the hatchery is located, shall expend the remaining funds on other fisheries activities of the qualified regional association.
(b) Fish returning to hatcheries and sold for human consumption shall be of comparable quality to fish harvested by commercial fisheries in the area and shall be sold at prices commensurate with the current market.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 9. Salmon Hatcheries. › Sec. 16.10.460. Inspection of hatchery.

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