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2023 Alaska Statutes › Title 2. Aeronautics › Chapter 15. Alaska Aeronautics Act of 1949 › Article 3. Utilities and Encroachments at State Airports. › Sec. 02.15.104. Relocation of utility facilities incident to airport projects.

(a) If, incident to the construction of an airport project, the department determines and orders that a utility facility located across, along, over, under, or within a state airport must be changed, relocated, or removed, the utility owning or maintaining the facility shall change, relocate, or remove it in accordance with the order, within a reasonable time set by the department in the order.
(b) If the utility facility is not changed, relocated, or removed in accordance with the order, a permit authorizing the facility issued by the department under AS 02.15.102 becomes invalid and the facility will be considered an unauthorized encroachment subject to the provisions of AS 02.15.114.
(c) The cost of change, relocation, or removal, as defined in AS 02.15.260, ordered under (a) of this section is to be paid as follows:
(1) by the department as a cost of airport construction, if the utility facility is installed or authorized after June 11, 1986 under a utility permit or a regulation and is installed in the location specified in the permit;
(2) by the department as a cost of airport construction, if the facility was installed before June 11, 1986 under a utility permit or utility easement and is in the location specified in the permit or easement;
(3) by the department as a cost of airport construction, if the utility facility was installed before the location became part of a state airport or before permits were required;
(4) by the department as a cost of airport construction, if the utility permit that requires the utility to pay the relocation cost was issued more than five years before the contract for the airport construction project was first advertised;
(5) by the utility in all other cases unless the commissioner finds it is in the public interest for the cost to be paid by the department.
2023 Alaska Statutes › Title 2. Aeronautics › Chapter 15. Alaska Aeronautics Act of 1949 › Article 3. Utilities and Encroachments at State Airports. › Sec. 02.15.106. Encroachment permits.

An encroachment may be constructed, placed, changed, or maintained across or within an airport, but only in accordance with regulations or procedures adopted by the department. An encroachment may not be constructed, placed, maintained, or changed until it is authorized by a written permit issued by the department, unless the department provides otherwise by regulation. The department may charge a fee for a permit issued under this section.
2023 Alaska Statutes › Title 2. Aeronautics › Chapter 15. Alaska Aeronautics Act of 1949 › Article 3. Utilities and Encroachments at State Airports. › Sec. 02.15.108. Relocation or removal of encroachment.

If, incidental to the construction or maintenance of a state airport, the department determines and orders that an encroachment previously authorized by written permit must be changed, relocated, or removed, the owner of the encroachment shall change, relocate, or remove it within a reasonable time set by the department in the order. The cost of the change, relocation, or removal shall be paid as provided in AS 02.15.104(c). If the owner does not change, relocate, or remove an encroachment within the time set by the department, the encroachment will be considered an unauthorized encroachment subject to the provisions of AS 02.15.114.
2023 Alaska Statutes › Title 2. Aeronautics › Chapter 15. Alaska Aeronautics Act of 1949 › Article 3. Utilities and Encroachments at State Airports. › Sec. 02.15.110. Unauthorized encroachments.

If an unauthorized encroachment exists in, on, under, or over a state airport the department may require the removal of the encroachment, at the expense of the owner, in the manner provided in AS 02.15.112 - 02.15.114.
2023 Alaska Statutes › Title 2. Aeronautics › Chapter 15. Alaska Aeronautics Act of 1949 › Article 3. Utilities and Encroachments at State Airports. › Sec. 02.15.112. Notice of removal of unauthorized encroachment.

Notice shall be given the owner, occupant, or person in possession of an unauthorized encroachment, or to another person causing or permitting the encroachment to exist, by serving upon any of them a notice demanding the removal of the encroachment within a time limit set by the department. The notice must describe the encroachment with reasonable certainty as to its character and location. Service of the notice may be made by certified mail.
2023 Alaska Statutes › Title 2. Aeronautics › Chapter 15. Alaska Aeronautics Act of 1949 › Article 3. Utilities and Encroachments at State Airports. › Sec. 02.15.114. Removal at owner's expense after noncompliance; removal expense.

After a failure of the owner of an unauthorized encroachment to comply with a notice or order of the department under AS 02.15.104, 02.15.108, or 02.15.112, the department may remove the encroachment, or cause it to be removed. The owner of the unauthorized encroachment shall pay to the department
(1) the expense of the removal of the encroachment;
(2) all costs and expenses paid by the state as a result of a claim or claims filed against the state by third parties for damages due to delays because the encroachment was not changed, removed, or relocated according to the order of the department; and
(3) costs and expense of suit.
2023 Alaska Statutes › Title 2. Aeronautics › Chapter 15. Alaska Aeronautics Act of 1949 › Article 4. Airport Assistance. › Sec. 02.15.120. Assistance to construct, enlarge, or improve air navigation facilities.

The department may match available funds with those of municipalities, federal agencies, or other state agencies, for project costs relating to the construction, enlargement, or improvement of airports. The department may assist persons in the construction, enlargement, and improvement of airports and air navigation facilities. The airports and facilities, until they are abandoned as such, shall be at all times available for the use of and accessible to the general public, and maintained as public airports and facilities.
2023 Alaska Statutes › Title 2. Aeronautics › Chapter 15. Alaska Aeronautics Act of 1949 › Article 4. Airport Assistance. › Sec. 02.15.130. Assistance to the federal government, municipalities, and other persons.

The department may make available its engineering, maintenance, and other services, with or without charge, to the federal government, or to a municipality or person in connection with the planning, acquisition, construction, improvement, maintenance, or operation of airports or air navigation facilities.
2023 Alaska Statutes › Title 2. Aeronautics › Chapter 15. Alaska Aeronautics Act of 1949 › Article 4. Airport Assistance. › Sec. 02.15.140. State financial assistance.

The department may grant or lend money, subject to the provisions of AS 02.15.060, 02.15.070, and 02.15.120, to any person or municipality or to municipalities acting jointly for project costs relating to the planning, acquisition, construction, improvement, maintenance, or operation of an airport owned or controlled or to be owned or controlled by the municipality or municipalities or person. Grants or loans may be furnished in connection with federal or other financial aid for the same purpose.
2023 Alaska Statutes › Title 2. Aeronautics › Chapter 15. Alaska Aeronautics Act of 1949 › Article 4. Airport Assistance. › Sec. 02.15.155. Project costs defined.

In AS 02.15.120 - 02.15.155, “project costs” includes, in addition to costs directly related to the project, the sum total of all costs of financing and carrying out the project including, but not limited to, the costs of all necessary studies, surveys, plans and specifications, architectural, engineering, or other special services, acquisition of real property, site preparation and development, purchase, construction, reconstruction and improvement of real property and the acquisition of machinery and equipment as may be necessary in connection with the project; an allocable portion of the administrative and operating expenses of the grantee; the cost of financing the project, including interest on bonds issued to finance the project; and the cost of other items, including any indemnity and surety bonds and premiums on insurance, legal fees, fees and expenses of trustees, depositaries, financial advisors, and paying agents for the bonds issued as the issuer considers necessary.
2023 Alaska Statutes › Title 2. Aeronautics › Chapter 15. Alaska Aeronautics Act of 1949 › Article 5. Rural Airstrip and Seaplane Facilities. › Sec. 02.15.160. Rural airstrip and seaplane facilities.

The department may construct, maintain, or operate floats and seaplane ramp landing facilities, subject to the provisions of AS 02.15.060, 02.15.070, and 02.15.120. The department may construct, maintain, or operate emergency landing fields, or rural airstrips adequate to meet rural needs with or without financial contribution by local interests.
2023 Alaska Statutes › Title 2. Aeronautics › Chapter 15. Alaska Aeronautics Act of 1949 › Article 6. General Provisions. › Sec. 02.15.190. Collection of aeronautical data.

The department may collect, assemble, and publish aeronautical data pertinent to the operation of aircraft within the state. This data is for the benefit of the aviation industry and the general public, and may not duplicate data published by any other governmental agency.
2023 Alaska Statutes › Title 2. Aeronautics › Chapter 15. Alaska Aeronautics Act of 1949 › Article 6. General Provisions. › Sec. 02.15.200. Public nature of department activities.

The acquisition of land or interests in land under this chapter, the planning, acquisition, establishment, construction, improvement, maintenance, equipment, and operation of airports and air navigation facilities, whether by the state separately or jointly with any person or municipality, and the exercise of any other powers granted under this chapter to the department are public and governmental functions, exercised for a public purpose, and matters of public necessity. All land and other property and privileges acquired and used by or on behalf of the state in the manner and for the purposes enumerated in this chapter are acquired and used for public and governmental purposes and as a matter of public necessity.
2023 Alaska Statutes › Title 2. Aeronautics › Chapter 15. Alaska Aeronautics Act of 1949 › Article 6. General Provisions. › Sec. 02.15.210. Exclusive rights prohibited.

The department may not grant an exclusive right for the use of an airway, airport, or air navigation facility under its jurisdiction. This section does not prevent the making of contracts, leases, and other arrangements under AS 02.15.060 - 02.15.100 and 02.15.120, including exclusive contracts for the sale and delivery of in-bond merchandise described in AS 02.15.091.
2023 Alaska Statutes › Title 2. Aeronautics › Chapter 15. Alaska Aeronautics Act of 1949 › Article 6. General Provisions. › Sec. 02.15.220. Enforcement of aeronautics laws.

(a) The department and its officers and employees, and every state and municipal officer charged with the enforcement of state and municipal laws, shall enforce and assist in the enforcement of this chapter and of all regulations adopted and orders issued under it and any other state regulations or laws pertaining to the operation of aircraft.
(b) [Repealed, § 14 ch 56 SLA 2001.]
2023 Alaska Statutes › Title 2. Aeronautics › Chapter 15. Alaska Aeronautics Act of 1949 › Article 6. General Provisions. › Sec. 02.15.230. Police powers vested.

(a) The commissioner and those officers and employees of the department whom the commissioner may designate have general police powers in aid of the enforcement of this chapter and the regulations and orders issued under it and all other laws of the state relating to aeronautics.
(b) Upon bilateral agreement, the commissioner may designate individuals licensed under AS 18.65.400-18.65.490 and police officers employed by the state or its political subdivisions to be present during the final passenger screening process before the boarding of each flight required to be in compliance with passenger screening regulations of the Federal Aviation Administration. Persons designated under this section, while performing their duties under that agreement, have the general police powers set out in (a) of this section.
2023 Alaska Statutes › Title 2. Aeronautics › Chapter 15. Alaska Aeronautics Act of 1949 › Article 6. General Provisions. › Sec. 02.15.240. Penalties.

(a) A person violating a provision of this chapter, or a provision of a regulation adopted or order issued under this chapter is guilty of a misdemeanor, and upon conviction is punishable by a fine of not more than $500, or by imprisonment of not more than 90 days, or by both.
(b) For a violation of any section of this chapter, in addition to or in lieu of the penalties provided by (a) of this section, or as a condition to the suspension of a sentence which may be imposed, the court may prohibit the violator from operating an aircraft within the state for a period it may determine but not more than one year. Violation of the prohibition of court may be treated as a separate offense under this section or as a contempt of court. Whenever a conviction is obtained, the prosecuting authority shall notify the department.
2023 Alaska Statutes › Title 2. Aeronautics › Chapter 20. Landing Field Obstructions › Sec. 02.20.050. Obstructing airports and runways.

(a) A person may not place an object on the surface of a public use airport that because of its nature or location might cause injury or damage to an aircraft or person riding in the aircraft.
(b) A person may not dig a hole or make any kind of excavation, or drive a sled, tractor, truck, or any kind of vehicle upon the surface of a public use airport that might make ruts, or tracks, or add to an accumulation of tracks so as to cause sufficient roughness of the surface to endanger aircraft using the airport.
(c) All acts prohibited in (a) and (b) of this section also apply in their entirety to a temporary airport or runway that has been marked out on the frozen surface of a stream or lake for the use of aircraft.
(d) Unless closed for public safety reasons by a notice to airmen (NOTAM) provided to the Federal Aviation Administration or by publication in the appropriate aeronautical charts and publications published by the Federal Aviation Administration, unless closed or restricted under the authority provided in AS 16.05.050, 16.05.251, 16.05.255, 16.05.270, AS 16.20.010 - 16.20.162, or 16.20.500 - 16.20.690, or unless closed or restricted under authority consistent with AS 38.04.200 or AS 41.21.020(e), navigable water in the state or a suitable landing site on public land that is not subject to a surface lease, easement, or permit issued by the Department of Natural Resources is presumed open for operation of aircraft.
2023 Alaska Statutes › Title 2. Aeronautics › Chapter 20. Landing Field Obstructions › Sec. 02.20.060. Enforcement and penalties.

(a) Federal, state, and municipal law enforcement officers may enforce the provisions of this chapter and regulations adopted under this chapter.
(b) A person who violates this chapter, or a regulation adopted under this chapter, is punishable, upon conviction, for each offense by a fine of not more than $500, or by imprisonment for not more than six months, or by both.
2023 Alaska Statutes › Title 2. Aeronautics › Chapter 25. Airport Zoning Act › Article 1. Airport Zoning Regulations. › Sec. 02.25.010. Airport zoning regulations.

A person may not erect or permit to grow an airport hazard on land adjacent to the end of a runway of a public airport without a permit issued by the department. The area upon which these hazards are prohibited is the width of the runway, and extends from the airport boundary at the end of the runway, away from the runway in a direction parallel to its centerline for a distance equal to the length of the runway. An obstruction situated in an area not previously designated as an airport hazard area by the department is not a hazard if its height does not exceed five feet for each 200 feet distance from the boundary of the airport. The vertical measurement of the structure starts on the same plane as the surface of the runway.
2023 Alaska Statutes › Title 2. Aeronautics › Chapter 25. Airport Zoning Act › Article 1. Airport Zoning Regulations. › Sec. 02.25.020. Power to adopt regulations.

In addition to, or in place of, the airport hazard area described in AS 02.25.010, the department may adopt, administer, and enforce, under the police power and in the manner and upon the conditions prescribed in this chapter, airport zoning regulations for any airport within this state dividing the area surrounding the airport into zones. Within these zones, the department may specify the land uses permitted, and regulate and restrict the height to which structures and trees may be erected or allowed to grow, and require the abatement of lights, or electronic signals or emissions that may create a hazard to the operation of aircraft. In adopting or revising zoning regulations, the department shall consider, among other things, the character of the flying operations to be conducted at the airport, the nature of the terrain, the height of existing structures and trees above the level of the airport, the possibility of lowering or removing existing obstructions, and the views of the agency of the federal government charged with fostering civil aeronautics as to the aerial approaches necessary to safe flying operations at the airport.
2023 Alaska Statutes › Title 2. Aeronautics › Chapter 25. Airport Zoning Act › Article 1. Airport Zoning Regulations. › Sec. 02.25.030. Adoption of zoning regulations.

Airport zoning regulations may not be adopted or amended under this chapter except by action of the department after a public hearing at which parties in interest and citizens have an opportunity to be heard. At least 15 days' notice of the hearing shall be published in a newspaper of general circulation printed and published nearest the location of the airport concerned.
2023 Alaska Statutes › Title 2. Aeronautics › Chapter 25. Airport Zoning Act › Article 1. Airport Zoning Regulations. › Sec. 02.25.040. Publication of zoning plan.

Upon the adoption of an airport zoning plan, the department shall prepare at least two copies of the plan, showing the airport and the airport hazard area, together with the designated height limits of possible hazards. One copy of the zoning plan shall be posted conspicuously at the airport concerned, and the other copy shall be filed in the office of the department.
2023 Alaska Statutes › Title 2. Aeronautics › Chapter 25. Airport Zoning Act › Article 1. Airport Zoning Regulations. › Sec. 02.25.050. Pre-existing use not affected.

All airport zoning regulations adopted under this chapter shall be reasonable, and the department may not require the removal, lowering, or other change or alteration of a structure or tree not conforming to the regulations when adopted or amended, or otherwise interfere with the continuance of any nonconforming use except under AS 02.25.060.
2023 Alaska Statutes › Title 2. Aeronautics › Chapter 25. Airport Zoning Act › Article 2. Permits and Variances. › Sec. 02.25.060. Permits for removal of nonconforming structures or trees.

Where advisable to facilitate the enforcement of zoning regulations adopted under this chapter, permits may be granted to establish or construct new structures and other uses and to replace existing structures and other uses or make substantial changes or substantial repairs. Before any nonconforming structure or tree may be replaced, substantially altered or repaired, rebuilt, allowed to grow higher, or replanted, a permit must be secured from the department authorizing the replacement, change or repair. A permit may not be granted allowing the structure or tree to be made higher or become a greater hazard to air navigation than it was when the applicable regulation was adopted. If the department determines that a nonconforming structure or tree is abandoned or more than 80 percent torn down, destroyed, deteriorated, or decayed, (1) a permit may not be granted allowing the structure or tree to exceed the applicable height limits or otherwise deviate from the zoning regulations; and (2) whether application is made for a permit under this section or not, the department may, by appropriate action, compel the owner of the nonconforming structure or tree, at the owner's own expense, to lower, remove, reconstruct, or equip the object to conform to the regulations. If the owner of the nonconforming structure or tree neglects or refuses to comply with the order within 10 days after notice, the department may proceed to have the object lowered, removed, reconstructed, or equipped, and the cost and expense is a lien upon the object and the land on which it is located. Unless the account is paid within 90 days from the service of notice on the agent or owner of the object or land, the sum bears interest at the rate of eight percent a year until paid, and shall be collected by foreclosure in the manner provided for the foreclosure of mortgages.
2023 Alaska Statutes › Title 2. Aeronautics › Chapter 25. Airport Zoning Act › Article 2. Permits and Variances. › Sec. 02.25.070. Variances.

A person desiring to erect a structure, or increase the height of a structure, or permit the growth of a tree, or otherwise to use the person's property in violation of airport zoning regulations adopted under this chapter may apply to the department for a variance from the zoning regulations. Variances shall be allowed where a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but would do substantial justice and would be in accordance with the spirit of the regulations and this chapter.
2023 Alaska Statutes › Title 2. Aeronautics › Chapter 25. Airport Zoning Act › Article 3. General Provisions. › Sec. 02.25.090. Action by department.

The department may institute an action in the superior court to prevent, restrain, correct, or abate a violation of this chapter or of airport zoning regulations adopted under this chapter or of an order or ruling made in connection with their administration or enforcement, and the court shall give relief, by way of injunction or otherwise as may be proper, in order to fully effectuate the purposes of this chapter and of the regulations adopted and orders and rulings made under this chapter.
2023 Alaska Statutes › Title 2. Aeronautics › Chapter 25. Airport Zoning Act › Article 3. General Provisions. › Sec. 02.25.100. Criminal liability for violation.

Each violation of this chapter or of a regulation, order, or ruling adopted or made under this chapter is a misdemeanor and is punishable by a fine of not more than $500 or by imprisonment for not more than 90 days or by both.
2023 Alaska Statutes › Title 2. Aeronautics › Chapter 25. Airport Zoning Act › Article 3. General Provisions. › Sec. 02.25.110. Definitions.

In this chapter, unless the context otherwise requires,
(1) “airport” means an area of land or water designed for the landing and taking-off of aircraft and used or to be used as a point of arrival or departure by air;
(2) “airport hazard” means anything that may obstruct or interfere with the navigation or operation of aircraft on or in the vicinity of an airport, including man-made structures of all kinds, trees and other natural growths, lights or beacons, and electrical or electronic devices emitting signals capable of disrupting radio communication;
(3) “airport hazard area” means an area in the vicinity of an airport in which a hazard to the operation of aircraft might be situated, and that may be designated as such by the department;
(4) “department” means the Department of Transportation and Public Facilities;
(5) “person” means an individual, firm, copartnership, corporation, company, association, joint stock association, or body politic, and includes a trustee, receiver, assignee, or similar representative;
(6) “structure” means an object constructed or installed by man, including buildings, towers, smokestacks, and overhead transmission lines;
(7) “tree” means any object of natural growth.
2023 Alaska Statutes › Title 2. Aeronautics › Chapter 30. Operation of Aircraft › Sec. 02.30.030. Reckless operation.

(a) A person may not operate an aircraft in the air or on the ground or water in a careless or reckless manner so as to endanger the life or property of another. In a proceeding charging careless or reckless operation of aircraft in violation of this section, the court, in determining whether the operation was careless or reckless, shall consider the standards for safe operation of aircraft prescribed by federal statutes or regulations governing aeronautics.
(b) A person may not operate an aircraft occupied by a crew member or passenger who is obviously under the influence of intoxicating liquor or a controlled substance.
(c) [Repealed, § 14 ch 56 SLA 2001.]
(d) [Repealed, § 14 ch 56 SLA 2001.]
2023 Alaska Statutes › Title 2. Aeronautics › Chapter 35. Uniform Air Licensing Act › Sec. 02.35.090. License and permit to be exhibited on request.

A certificate, permit, rating, or license required for an airman by the federal government shall be kept in the person's personal possession when the person is operating in the state and shall be presented for inspection upon the demand of a peace officer or another officer of the state or of a municipality, or a member, official, or employee of the department or an official, manager, or person in charge of an airport upon which the airman lands, or upon the reasonable request of any other person. A certificate, permit, or license required by the federal government for an aircraft shall be carried in the aircraft at all times while the aircraft is operating in the state. It shall be conspicuously posted in the aircraft where it may be readily seen by passengers or inspectors, and shall be presented for inspection upon the demand of a peace officer or another officer of the state or of a municipality, or a member, official, or employee of the department, or an official, manager, or person in charge of an airport upon which the aircraft lands, or upon the reasonable request of any person.
2023 Alaska Statutes › Title 2. Aeronautics › Chapter 35. Uniform Air Licensing Act › Sec. 02.35.110. Emergency rations and equipment.

(a) An airman may not make a flight inside the state with an aircraft unless emergency equipment is carried as follows:
(1) the following minimum equipment must be carried during the summer months:
(A) rations for each occupant sufficient to sustain life for one week;
(B) one axe or hatchet;
(C) one first aid kit;
(D) an assortment of tackle such as hooks, flies, lines, and sinkers;
(E) one knife;
(F) fire starter;
(G) one mosquito headnet for each occupant;
(H) two small signalling devices such as colored smoke bombs, railroad fuses, or Very pistol shells, in sealed metal containers;
(2) in addition to the equipment required under (1) of this subsection, the following must be carried as minimum equipment from October 15 to April 1 of each year:
(A) one pair of snowshoes;
(B) one sleeping bag;
(C) one wool blanket or equivalent for each occupant over four.
(b) Notwithstanding (a) of this section, operators of multi-engine aircraft licensed to carry more than 15 passengers need carry only the food, mosquito nets, and signalling equipment at all times other than the period from October 15 to April 1 of each year, when two sleeping bags, and one blanket for every two passengers shall also be carried.
(c) All of the above requirements as to emergency rations and equipment are considered to be minimum requirements which are to remain in full force and effect, except as further safety measures may be from time to time imposed by the department.
2023 Alaska Statutes › Title 2. Aeronautics › Chapter 35. Uniform Air Licensing Act › Sec. 02.35.120. Penalties for lack of license or permit or violation of regulations.

A person who acts as an airman for a civil aircraft when flown or operated in this state without holding an existing airman's license or permit issued in accordance with federal law, who flies or causes to be flown in this state any civil aircraft without an existing license or permit for that aircraft issued in accordance with federal law, or who violates a provision of a regulation adopted under this chapter is punishable by a fine of not more than $500 or by imprisonment for not more than six months or by both.
2023 Alaska Statutes › Title 2. Aeronautics › Chapter 35. Uniform Air Licensing Act › Sec. 02.35.130. Penalty for violation of AS 02.35.090 and 02.35.110.

A person violating a provision of AS 02.35.090 and 02.35.110 is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than $500.
2023 Alaska Statutes › Title 2. Aeronautics › Chapter 40. Responsibilities of Air Carriers › Sec. 02.40.010. Air carrier financial responsibility.

(a) A person who carries passengers or freight for commercial purposes intrastate in an aircraft shall procure and maintain security in the following minimum amounts:
(1) $150,000 per seat for bodily injury or death in a single occurrence; and
(2) $100,000 for property damage in a single occurrence.
(b) Evidence of security required under (a) of this section shall be filed with the department and must be
(1) a policy or certificate of insurance issued by an insurer acceptable to the department;
(2) a bond of a surety company licensed to write surety bonds in the state;
(3) evidence accepted by the department, showing ability to self-insure; or
(4) other security approved by the department.
(c) The department may authorize department personnel to enforce this section and may adopt procedural regulations necessary to implement this section. Upon finding a violation the department may issue a stop use order.
(d) A policy of insurance, surety bond, or other form of security may not be canceled on less than 30 days' written notice to the department. This requirement must be clearly stated in the policy or endorsement for an insurance policy submitted as proof of financial responsibility under AS 02.40.020(a)(1). The 30-day notice period is measured from the date on which the department receives notice.
(e) A person who violates this section is guilty of a class A misdemeanor and is punishable by a fine of not less than $1,000 or more than $5,000 for each day of violation but not to exceed $10,000 for each violation.
2023 Alaska Statutes › Title 2. Aeronautics › Chapter 40. Responsibilities of Air Carriers › Sec. 02.40.020. Certification of compliance of air carriers.

(a) A person may not use an aircraft in air commerce before obtaining an annual certificate of compliance for that aircraft from the department. The department may issue a certificate of compliance for one aircraft or a fleet of two or more aircraft. The department shall issue or renew a certificate of compliance upon application and presentation of
(1) proof of financial responsibility required under AS 02.40.010;
(2) proof of compliance with Federal Aviation Administration requirements, and, where applicable, federal certification for scheduled airline service.
(b) The annual fee for a certificate of compliance for one aircraft and for a fleet of two or more aircraft shall be set by the department by regulation. The certificate is valid for 12 months from the date issued. The certificate shall be visible to boarding passengers.
(c) The department may authorize department personnel to enforce this section and may adopt procedural regulations necessary to implement this section. Upon finding a violation the department may issue a stop use order.
(d) A person who violates this section is guilty of a class B misdemeanor and is punishable by a fine of not less than $500 or more than $1,000.
2023 Alaska Statutes › Title 2. Aeronautics › Chapter 40. Responsibilities of Air Carriers › Sec. 02.40.030. Unsolicited communication prohibited.

(a) Except as provided in (c) of this section, in the event of an accident involving an air carrier providing intrastate transportation of passengers, an attorney may not initiate a contact with an individual injured in the accident or a relative of an individual injured or killed in the accident for the purpose of offering or discussing potential representation in an action based on the accident for personal injury or wrongful death within 45 days following the accident. In this subsection, “attorney” includes an attorney for an air carrier and an associate, agent, employee, or other representative of an attorney.
(b) During the 45-day period described in (a) of this section, an agent or representative of an air carrier or its insurer may not initiate contact with an individual injured in the accident or a relative of an individual injured or killed in the accident for the purpose of offering a final settlement of a claim.
(c) The prohibitions in (a) and (b) of this section do not apply to the activities that an air carrier or its insurers may undertake, or the obligations that an air carrier or its insurers may have to
(1) provide a passenger or the family of a passenger injured or killed in an aircraft accident with short-term physical or financial assistance; or
(2) meet the obligations of the air carrier under 49 U.S.C. 41113 (Aviation Disaster Family Assistance Act of 1996).
(d) The attorney general or an aggrieved person may institute a civil action against a person who violates this section. In addition to injunctive and compensatory relief, a civil penalty not to exceed $10,000 may be imposed for each violation.
2023 Alaska Statutes › Title 2. Aeronautics › Chapter 40. Responsibilities of Air Carriers › Sec. 02.40.990. Definitions.

In this chapter,
(1) “air carrier” means a person undertaking to engage in air commerce, whether directly or indirectly, or by lease, contract, or any other arrangement, and whether over regular or irregular routes;
(2) “air commerce” means carriage by aircraft of persons or freight for commercial purposes or hire in intrastate commerce, including the carriage by aircraft of persons or freight that move partly by aircraft and partly by other forms of transportation;
(3) “aircraft” means a propeller, rotor, or jet-powered device used or designed for flight in the air;
(4) “commercial purposes” means activities for which the person receives direct monetary compensation and does not include activities incidental to and done in furtherance of the person's primary business;
(5) “department” means the Department of Transportation and Public Facilities;
(6) “freight” means commodities, articles, and cargo, of whatever nature or value, excluding garbage and trash.
2023 Alaska Statutes › Title 3. Agriculture, Animals, and Food › Chapter 05. Powers and Duties of Commissioners of Natural Resources and Environmental Conservation › Sec. 03.05.013. State veterinarian.

The commissioner of environmental conservation may employ or appoint a person to act as the state veterinarian to carry out and enforce the requirements of this title relating to animals or animal products over which the Department of Environmental Conservation has jurisdiction. To be eligible for appointment as the state veterinarian, a person must be licensed or otherwise legally authorized under AS 08.98 to engage in the practice of veterinary medicine in the state.
2023 Alaska Statutes › Title 3. Agriculture, Animals, and Food › Chapter 05. Powers and Duties of Commissioners of Natural Resources and Environmental Conservation › Sec. 03.05.027. State coordinator for noxious weed, invasive plant, and agricultural pest management and education.

(a) The commissioner of natural resources shall employ or appoint a state coordinator for noxious weed, invasive plant, and agricultural pest management and education.
(b) The state coordinator employed or appointed under (a) of this section shall oversee the enforcement of state statutes and regulations regarding noxious weeds, invasive plants, and agricultural pests and shall coordinate with state and federal agencies, state land users, public groups, and private organizations to
(1) develop, implement, and annually review a comprehensive state strategic plan for the control of noxious weeds, invasive plants, and agricultural pests; the plan must include an early detection and rapid response system for invasive plants consistent with federal guidelines;
(2) design and execute a geographically based plant and pest management area program;
(3) develop and maintain a statewide database for mapping and monitoring noxious weeds, invasive plants, and agricultural pests;
(4) develop integrated plant and pest management programs;
(5) regulate and control the entry into the state and transportation of seeds, plants, and other horticultural products;
(6) contact and provide educational materials to state land users and other audiences regarding noxious weed, invasive plant, and agricultural pest issues, including identification, management, potential hazards, and landowner responsibilities;
(7) accept contributions of service, materials, or equipment, and, subject to appropriation of money from the United States or its agencies, from a department or agency of the state, or from any other source for use in carrying out the purposes of this section; and
(8) review and make recommendations to state departments and agencies concerning revisions to state regulations and statutes, including revisions and additions to state noxious weed lists.
(c) Each state department, agency, and institution shall cooperate with the state coordinator employed or appointed under (a) of this section in carrying out the tasks specified in (b) of this section.
(d) The state coordinator employed or appointed under (a) of this section shall coordinate with the University of Alaska Cooperative Extension Service, the Alaska Association of Conservation Districts' board of directors, and the Department of Fish and Game in fulfilling the coordinator's responsibilities under (b) of this section.
2023 Alaska Statutes › Title 3. Agriculture, Animals, and Food › Chapter 05. Powers and Duties of Commissioners of Natural Resources and Environmental Conservation › Sec. 03.05.030. Rules for grading and classification of agricultural products.

(a) Subject to (b) of this section, the commissioner may adopt rules, regulations, and procedures requiring the classification, grading, and inspection of agricultural products before the products are sold or offered for sale for general consumption, and requiring the marking or labeling of a sack, box, carton, or other container of an agricultural product to show the kind, grade, or other prescribed classification of the container's contents.
(b) A rule, regulation, or procedure adopted under (a) of this section does not apply to the noncommercial transfer of seed under AS 03.20.110 or the giving or exchanging of seed through a community seed library under AS 03.20.120(a), unless the seed
(1) does not comply with requirements applicable under AS 03.20;
(2) contains seed of a patented, protected, or proprietary variety used without permission of the patent or certificate holder of the intellectual property associated with the variety;
(3) has been misrepresented as seed classified, graded, or inspected under (a) of this section; or
(4) contains prohibited or restricted weed seed or seed from a species the department has determined is noxious.
2023 Alaska Statutes › Title 3. Agriculture, Animals, and Food › Chapter 05. Powers and Duties of Commissioners of Natural Resources and Environmental Conservation › Sec. 03.05.040. Inspection.

(a) To carry out the requirements of this chapter, on any business day during the usual hours of business, or at any time if the commissioner determines that there is an immediate threat to the health or safety of an animal or the general public, the commissioner or an individual designated by the commissioner as an inspector may, for the purpose of inspecting animals, animal products, agricultural products, or premises containing or having contained animals, animal products, or agricultural products, enter a storehouse, warehouse, cold storage plant, packing house, slaughterhouse, retail store, or other building or place where animals, animal products, or agricultural products are or have been raised, housed, kept, stored, processed, or sold.
(b) In this section, “commissioner” means commissioner of natural resources with respect to those products over which the commissioner of natural resources has jurisdiction under this title, and the commissioner of environmental conservation with respect to those products over which the commissioner of environmental conservation has jurisdiction under this title.
2023 Alaska Statutes › Title 3. Agriculture, Animals, and Food › Chapter 05. Powers and Duties of Commissioners of Natural Resources and Environmental Conservation › Sec. 03.05.050. Products in violation of regulations.

(a) An animal, animal product, or agricultural product found by the commissioner, or an individual designated by the commissioner as an inspector, to violate a regulation adopted under this chapter is declared to be a public nuisance injurious to the public interest and may not be moved by the person in whose possession it may be except at the specific direction of the commissioner or inspector.
(b) In this section, “commissioner” means commissioner of natural resources with respect to those products over which the commissioner of natural resources has jurisdiction under this title, and the commissioner of environmental conservation with respect to those products over which the commissioner of environmental conservation has jurisdiction under this title.
2023 Alaska Statutes › Title 3. Agriculture, Animals, and Food › Chapter 05. Powers and Duties of Commissioners of Natural Resources and Environmental Conservation › Sec. 03.05.075. Elk farming.

(a) Elk may be raised and bred as domestic stock for commercial purposes, including the sale of meat, by a person who lawfully owns the elk and who holds a current valid elk farming license. The commissioner of natural resources may issue an elk farming license for the farming of elk to a person who applies on a form provided by the commissioner, pays the biennial elk farming license fee, and proves to the satisfaction of the commissioner that the person lawfully owns the elk, intends to raise and breed elk, and possesses facilities for maintaining the elk under positive control. Before issuing or renewing an elk farming license, the commissioner shall conduct a physical inspection of the elk farming facilities and determine that the facilities are in good repair and comply with the fencing standards established under (d) of this section. In this subsection, “lawfully owns” means ownership that was obtained without violating a state or federal law or regulation or a condition of a license or permit issued with respect to elk.
(b) The commissioner of natural resources shall provide to the Department of Fish and Game a copy of each application for an elk farming license received by the commissioner and each elk farming license issued by the commissioner.
(c) The fee for a biennial elk farming license is $250.
(d) The commissioner of natural resources shall establish fencing standards for elk farming facilities to maintain elk under positive control. Proposed fencing standards shall be submitted to the commissioner of fish and game for review before the standards are adopted or amended.
(e) Notwithstanding other provisions of law, a license or permit is not required from the Department of Fish and Game in order to import, export, or possess elk for the purpose of elk farming. Elk imported, exported, or possessed for the purpose of elk farming are subject to the provisions of this title and regulations adopted under this title by the commissioner of natural resources or the commissioner of environmental conservation for domestic animals and livestock, to the extent they are made applicable to elk by the commissioners.
(f) In this section, “elk” means an animal of a subspecies of cervus elaphus that is indigenous to North America; “elk” does not include red deer or a red deer hybrid.
2023 Alaska Statutes › Title 3. Agriculture, Animals, and Food › Chapter 05. Powers and Duties of Commissioners of Natural Resources and Environmental Conservation › Sec. 03.05.078. Transportation of industrial hemp.

(a) An individual registered under AS 03.05.076 shall have a copy of the individual's registration in immediate possession at all times when transporting industrial hemp and shall present the copy of the registration for inspection upon the demand of a peace officer or other authorized representative of the department. An individual may display a copy of the individual's registration on a mobile electronic device.
(b) Displaying proof of registration on a mobile electronic device under this section does not constitute consent for a peace officer or other authorized representative of the department to access other contents of the mobile electronic device.
(c) An individual who violates (a) of this section is guilty of a violation.
2023 Alaska Statutes › Title 3. Agriculture, Animals, and Food › Chapter 05. Powers and Duties of Commissioners of Natural Resources and Environmental Conservation › Sec. 03.05.079. Production in violation of delta-9-tetrahydrocannabinol limit.

(a) Notwithstanding AS 11.71.040 - 11.71.060, an individual registered under AS 03.05.076 to produce industrial hemp whose product has a delta-9-tetrahydrocannabinol content between 0.3 percent and one percent may retain and recondition the product as provided in AS 03.05.076(b)(4).
(b) An individual who retains but fails to recondition an industrial hemp product described in (a) of this section is guilty of a violation.
2023 Alaska Statutes › Title 3. Agriculture, Animals, and Food › Chapter 05. Powers and Duties of Commissioners of Natural Resources and Environmental Conservation › Sec. 03.05.084. Confidentiality of certain information; exceptions.

(a) A record that includes information about an animal that is maintained by the Department of Environmental Conservation to carry out the requirements of this chapter, including a record of the sale, movement, unique identification number, or owner of an animal, is confidential and not subject to disclosure under AS 40.25.100 - 40.25.295 (Alaska Public Records Act) if the record
(1) identifies a particular animal, breed of animal, business, or individual;
(2) contains test results, or a record of test samples, for a particular animal; or
(3) contains trade secrets or proprietary business or financial information.
(b) Notwithstanding (a) of this section, the Department of Environmental Conservation may disclose information from a record subject to this section to a state, federal, or local government or government agency or a regional health corporation if the department determines that a threat to the health or safety of an animal or to the public exists and that disclosure of the information is necessary to address the threat.
(c) Notwithstanding (a) of this section, the Department of Environmental Conservation shall, upon request, publicly disclose records subject to this section in a manner that prevents identification of a particular animal, individual, or business.