reglab/statecodes huggingface dataset:
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 05. Fish and Game Code and Definitions › Article 4. Licensing of Commercial Fishing Crewmembers and Vessels. › Sec. 16.05.680. Unlawful practices.

(a) It is unlawful for a person, or an agent or representative of the person,
(1) to employ, in the harvesting, transporting, or purchasing of fish, a fisherman who neither is licensed under AS 16.05.480 nor is the holder of a permit issued under AS 16.43;
(2) to purchase fish from a person who is not
(A) the holder of a limited entry, interim-use, or landing permit issued under AS 16.43;
(B) a fish transporter who is selling the fish as the agent of the holder of a limited entry, interim-use, or landing permit issued under AS 16.43; or
(C) exempt under AS 16.05.660; or
(3) to purchase fish from an association other than one to which a permit has been issued under AS 16.05.662.
(b) A person may not sell salmon that was not harvested under the authority of the entry permit, interim-use permit, or landing permit under which the salmon is sold. For purposes of this subsection, salmon sold by a fish transporter on behalf of the commercial fisherman who harvested the salmon is salmon harvested under the authority of the limited entry, interim-use, or landing permit under which the salmon is sold.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 05. Fish and Game Code and Definitions › Article 4. Licensing of Commercial Fishing Crewmembers and Vessels. › Sec. 16.05.685. Processing on commercial king crab fishing vessels.

(a) Crab of any species may not be processed on a commercial crab fishing vessel unless
(1) the vessel remains within one registration area from the time the crab is caught to the time of dock delivery;
(2) the operator of the vessel notifies the department of proposed changes in location before moving to another registration area; and
(3) the operator of the vessel provides quarters for inspectors of the department who may inspect the crab catch on the vessel at any time.
(b) The restrictions set out in (a) of this section do not apply to processing aboard the fishing vessel for and as donations to charity, for consumption aboard the vessel, or for dockside retail sales from the vessel.
(c) In this section,
(1) “process” means to butcher, cook, chill, or freeze crab for commercial use;
(2) “registration area” means a specific king crab registration area as designated by regulation of the Board of Fisheries.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 05. Fish and Game Code and Definitions › Article 4. Licensing of Commercial Fishing Crewmembers and Vessels. › Sec. 16.05.690. Record of purchases.

(a) Each buyer of fish shall keep a record of each purchase showing the name or number of the vessel from which the catch involved is taken, the date of landing, vessel license number, pounds purchased of each species, number of each species, and the Department of Fish and Game statistical area in which the fish were taken, and other information the department requires. Records may be kept on forms provided by the department. Each person charged with keeping the records shall report them to the department in accordance with regulations adopted by the department.
(b) A person may not knowingly enter false information on a fish ticket or supply false information to a person who is recording information on a fish ticket.
(c) [Repealed, § 1 ch 13 SLA 1997.]
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 05. Fish and Game Code and Definitions › Article 4. Licensing of Commercial Fishing Crewmembers and Vessels. › Sec. 16.05.722. Strict liability commercial fishing penalties.

(a) A person who without any culpable mental state violates AS 16.05.440 - 16.05.690, or a regulation of the Board of Fisheries or the department governing commercial fishing, is guilty of a violation and upon conviction is punishable by a fine of not more than
(1) $3,000 for a first conviction;
(2) $6,000 for a second conviction or for a subsequent conviction not described in (3) of this subsection; and
(3) $9,000 for a third or subsequent conviction within a 10-year period.
(b) In addition, the court shall order forfeiture of any fish, or its fair market value, taken or retained as a result of the commission of the violation. For purposes of this subsection, it is a rebuttable presumption that all fish found on board a fishing vessel used in or in aid of a violation, or found at the fishing site, were taken or retained in violation of AS 16.05.440 - 16.05.690 or a commercial fisheries regulation of the Board of Fisheries or the department. It is the defendant's burden to show by a preponderance of the evidence that fish on board or at the site were lawfully taken and retained.
(c) A person charged with a violation under this section is entitled to a trial by court but not by jury, and is not entitled to representation at public expense.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 05. Fish and Game Code and Definitions › Article 4. Licensing of Commercial Fishing Crewmembers and Vessels. › Sec. 16.05.723. Misdemeanor commercial fishing penalties.

(a) A person who negligently violates AS 16.05.440 - 16.05.690, or a regulation of the Board of Fisheries or the department governing commercial fishing, is guilty of a misdemeanor and in addition to punishment under other provisions in this title, including AS 16.05.195 and 16.05.710, is punishable upon conviction by a fine of not more than $15,000 or by imprisonment for not more than one year, or by both. In addition, the court shall order forfeiture of any fish, or its fair market value, taken or retained as a result of the commission of the violation, and the court may forfeit any vessel and any fishing gear, including any net, pot, tackle, or other device designed or employed to take fish commercially, that was used in or in aid of the violation. Any fish, or its fair market value, forfeited under this subsection may not also be forfeited under AS 16.05.195. For purposes of this subsection, it is a rebuttable presumption that all fish found on board a fishing vessel used in or in aid of a violation, or found at the fishing site, were taken or retained in violation of AS 16.05.440 - 16.05.690 or a commercial fisheries regulation of the Board of Fisheries or the department, and it is the defendant's burden to show by a preponderance of the evidence that fish on board or at the site were lawfully taken and retained.
(b) If a person is convicted under this section of one of the following offenses, then, in addition to the penalties imposed under (a) of this section, the court may impose a fine equal to the gross value of the fish found on board or at the fishing site at the time of the violation:
(1) commercial fishing in closed waters;
(2) commercial fishing during a closed period or season;
(3) commercial fishing with unlawful gear, including a net, pot, tackle, or other device designed or employed to take fish commercially; or
(4) commercial fishing without a limited entry permit holder on board if the holder is required by law or regulation to be present.
(c) Upon a third misdemeanor conviction within a period of 10 years for an offense listed in (b) of this section or any combination of offenses listed in (b) of this section, the court shall impose, in addition to any penalties imposed under (a) of this section, a fine equal to three times the gross value of the fish found on board or at the fishing site at the time of the offense, or a fine equal to $10,000, whichever is greater.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 05. Fish and Game Code and Definitions › Article 5. Management of Fish and Fisheries. › Sec. 16.05.730. Management of wild and enhanced stocks of fish.

(a) Fish stocks in the state shall be managed consistent with sustained yield of wild fish stocks and may be managed consistent with sustained yield of enhanced fish stocks.
(b) In allocating enhanced fish stocks, the board shall consider the need of fish enhancement projects to obtain brood stock. The board may direct the department to manage fisheries in the state to achieve an adequate return of fish from enhanced stocks to enhancement projects for brood stock; however, management to achieve an adequate return of fish to enhancement projects for brood stock shall be consistent with sustained yield of wild fish stocks.
(c) The board may
(1) consider the need of enhancement projects authorized under AS 16.10.400 and contractors who operate state-owned enhancement projects under AS 16.10.480 to harvest and sell fish produced by the enhancement project that are not needed for brood stock to obtain funds for the purposes allowed under AS 16.10.450 or 16.10.480(d);
(2) consider the need of projects authorized under AS 16.12.010 to harvest and sell shellfish that are not needed for brood stock to obtain funds for the purposes allowed under AS 16.12.080;
(3) exercise its authority under this title as it considers necessary to direct the department to provide a reasonable harvest of fish, in addition to the fish needed for brood stock, to an enhancement project to obtain funds for the enhancement project if the harvest is consistent with sustained yield of wild fish stocks; and
(4) adopt a fishery management plan to provide fish to an enhancement project to obtain funds for the purposes allowed under AS 16.10.450, 16.10.480(d), or AS 16.12.080.
(d) In this section, “enhancement project” means a project, facility, or hatchery for the enhancement of fishery resources of the state for which the department has issued a permit.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 05. Fish and Game Code and Definitions › Article 5. Management of Fish and Fisheries. › Sec. 16.05.735. Management of offshore fisheries.

The state may assume management of a fishery in offshore water adjacent to the state in the absence of a federal fishery management plan for the fishery or in the event that a federal fishery management plan for the fishery delegates authority to the state to manage the fishery in the United States exclusive economic zone.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 05. Fish and Game Code and Definitions › Article 6. Miscellaneous Provisions. › Sec. 16.05.780. Taking of antlerless moose prohibited.

(a) The taking of antlerless moose in any game management unit or subunit or a portion of a unit or subunit is prohibited except that antlerless moose may be taken only under regulations adopted under (b) of this section after
(1) the department recommends the season be opened in that year, based on biological evidence, and
(2) a majority of active local advisory committees for that unit or subunit have recommended an opening for that year, after each has taken a vote and a majority of the members of those committees have voted in the affirmative.
(b) Pursuant to (a) of this section the board, in its regularly scheduled annual game board meeting, may adopt regulations for the taking of antlerless moose in any game management unit or subunit in any year.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 05. Fish and Game Code and Definitions › Article 6. Miscellaneous Provisions. › Sec. 16.05.782. Taking of brown or grizzly bear near solid waste disposal facility prohibited.

(a) Except as provided in (d) of this section, a person who with criminal negligence takes a brown or grizzly bear within one-half mile of a solid waste disposal facility is guilty of a class A misdemeanor.
(b) In addition to the penalty imposed by law under (a) of this section, the court shall order forfeiture of the hide and skull of the bear, but if the hide and skull are not salvaged and delivered to the department then the court shall impose an additional fine of up to $10,000.
(c) It is an affirmative defense to a prosecution under (a) of this section that the person took the bear in defense of life or property if the person who took the bear shows by a preponderance of the evidence that
(1) the necessity for the taking was not brought about by harassment or provocation of the bear by the person who took the bear;
(2) the necessity for the taking was not brought about by the negligent disposal of garbage or the creation of a similar attractive nuisance by the person who took the bear; and
(3) the person exhausted all other practicable means to protect life and property before the bear was taken.
(d) Notwithstanding (a) - (c) of this section, the department may authorize the taking of a problem brown or grizzly bear within one-half mile of a solid waste disposal facility at any time, if the taking of the bear is necessary to protect the public and is consistent with sound game management principles.
(e) In this section
(1) “criminal negligence” has the meaning given in AS 11.81.900(a);
(2) “property” means
(A) a dwelling, permanent or temporary;
(B) an aircraft, boat, automobile, or other conveyance;
(C) a domestic animal;
(D) other property of substantial value necessary for the livelihood or survival of the owner;
(3) “solid waste disposal facility” means a facility for the disposal of solid waste, other than sewage, for which a prior authorization has been issued under AS 46.03.100.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 05. Fish and Game Code and Definitions › Article 6. Miscellaneous Provisions. › Sec. 16.05.783. Same day airborne hunting.

(a) A person may not shoot or assist in shooting a free-ranging wolf or wolverine the same day that a person has been airborne. However, the Board of Game may authorize a predator control program as part of a game management plan that involves airborne or same day airborne shooting if the board has determined based on information provided by the department
(1) in regard to an identified big game prey population under AS 16.05.255(g) that objectives set by the board for the population have not been achieved and that predation is an important cause for the failure to achieve the objectives set by the board, and that a reduction of predation can reasonably be expected to aid in the achievement of the objectives; or
(2) that a disease or parasite of a predator population
(A) is threatening the normal biological condition of the predator population; or
(B) if left untreated, would spread to other populations.
(b) This section does not apply to
(1) a person who was airborne the same day if that person was airborne only on a regularly scheduled commercial flight; or
(2) an employee of the department who, as part of a game management program, is authorized to shoot or to assist in shooting wolf, wolverine, fox, or lynx on the same day that the employee has been airborne.
(c) A person who violates this section 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. In addition, the court may order the aircraft and equipment used in or in aid of a violation of this section to be forfeited to the state.
(d) When the Board of Game authorizes a predator control program that includes airborne or same day airborne shooting, the board shall have the prerogative to establish predator reduction objectives and limits, methods and means to be employed, who is authorized to participate in the program, and the conditions for participation of individuals in the program.
(e) The use of state employees or state owned or chartered equipment, including helicopters, in a predator control program is prohibited without the approval of the commissioner.
(f) In this section,
(1) “free-ranging” means that the animal is wild and not caught in a trap or snare; and
(2) “game management program” means a program authorized by the Board of Game or the commissioner to achieve identified game management objectives in a designated geographic area.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 05. Fish and Game Code and Definitions › Article 6. Miscellaneous Provisions. › Sec. 16.05.785. Effect of failure to remove old markers.

If the Board of Fisheries by regulation uses department markers to establish waters closed to commercial fishing and the state fails to remove the old markers when new markers are posted to establish waters closed to commercial fishing, commercial fishing is expressly permitted in the waters between the new markers and the old markers until the old markers are removed.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 05. Fish and Game Code and Definitions › Article 6. Miscellaneous Provisions. › Sec. 16.05.789. Prohibition on hunting adjacent to highway between Yukon River and Arctic Ocean.

(a) Hunting with firearms is prohibited north of the Yukon River in the area within five miles on either side of the highway between the Yukon River and the Arctic Ocean.
(b) A person who violates this section is guilty of a class A misdemeanor.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 05. Fish and Game Code and Definitions › Article 6. Miscellaneous Provisions. › Sec. 16.05.790. Obstruction or hindrance of lawful hunting, fishing, trapping, or viewing of fish or game.

(a) Except as provided in (e) of this section, a person may not intentionally obstruct or hinder another person's lawful hunting, fishing, trapping, or viewing of fish or game by
(1) placing one's self in a location in which human presence may alter the
(A) behavior of the fish or game that another person is attempting to take or view; or
(B) feasibility of taking or viewing fish or game by another person; or
(2) creating a visual, aural, olfactory, or physical stimulus in order to alter the behavior of the fish or game that another person is attempting to take or view.
(b) Notwithstanding AS 12.25, only a peace officer may arrest a person for violating this section. A peace officer who has probable cause to believe that a person has violated this section may arrest or cite the person or order the person to desist.
(c) In a prosecution under this section, it is an affirmative defense that the person was lawfully entitled to obstruct or hinder the hunting, fishing, trapping, or viewing of fish or game.
(d) This section does not apply to
(1) lawful competitive practices among persons engaged in lawful hunting, fishing, or trapping;
(2) actions taken on private property with the consent of the owner; or
(3) the obstruction or hindrance of the viewing of fish or game by a person actively engaged in lawful fishing, hunting, or trapping.
(e) A person who violates this section is guilty of a misdemeanor and is punishable by a fine of not more than $500 or imprisonment for not more than 30 days, or both.
(f) For purposes of (a) of this section, “lawful” means
(1) in compliance with
(A) this title, regulations adopted under this title, or applicable federal statutes and regulations;
(B) the Marine Mammal Protection Act (P.L. 92-522) or the Endangered Species Act (P.L. 93-205); or
(C) federal regulations adopted under 16 U.S.C. 3111 - 3126 relating to subsistence hunting, fishing, or trapping on federal land; and
(2) with the permission of the private landowner if the hunting, fishing, trapping, or viewing of fish or game occurs on private land.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 05. Fish and Game Code and Definitions › Article 6. Miscellaneous Provisions. › Sec. 16.05.791. Civil remedies for violation of AS 16.05.790.

(a) A person aggrieved by conduct or threatened conduct in violation of AS 16.05.790 may petition a superior court to enjoin the respondent from engaging in the conduct.
(b) A person aggrieved by a violation of AS 16.05.790 is entitled to recover general damages and special damages, including license and permit fees, travel costs, guide-outfitting fees, costs for special equipment and supplies, and other related expenses.
(c) A court may award punitive damages in addition to the damages set out in (b) of this section.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 05. Fish and Game Code and Definitions › Article 6. Miscellaneous Provisions. › Sec. 16.05.797. Computer-assisted remote hunting prohibited.

(a) A person may not engage in computer-assisted remote hunting or provide or operate a facility for computer-assisted remote hunting in the state. This subsection applies to any person engaged in computer-assisted remote hunting if the game or any device, equipment, or software used for computer-assisted remote hunting is located in the state.
(b) This section does not apply to a person with physical disabilities using equipment or devices designed to assist with the disability while present in the field and meaningfully participating in the act of hunting under regulations adopted by the Board of Game.
(c) In this section,
(1) “computer-assisted remote hunting” means the use of a computer or any other device, equipment, or software to remotely control the aiming and discharge of a firearm, bow and arrow, or any other weapon used to hunt any game bird, game animal, or fur-bearing animal while not in the physical presence of the animal;
(2) “facility” means real property and improvements on the real property associated with computer-assisted remote hunting.
(d) A person who violates (a) of this section is, upon conviction, guilty of a class A misdemeanor. If a violation is continuing in nature, each day the violation continues constitutes a separate offense.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 05. Fish and Game Code and Definitions › Article 6. Miscellaneous Provisions. › Sec. 16.05.800. Public nuisances.

A net, seine, lantern, snare, device, contrivance, and material while in use, had and maintained for the purpose of catching, taking, killing, attracting, or decoying fish or game, contrary to law or regulation of a board or the commissioner, is a public nuisance and is subject to abatement.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 05. Fish and Game Code and Definitions › Article 6. Miscellaneous Provisions. › Sec. 16.05.810. Burden of proof.

The possession of fish or game or a part of fish or game, or a nest or egg of a bird during the time the taking of it is prohibited is prima facie evidence that it was taken, possessed, bought, or sold or transported in violation of this chapter. The burden of proof is upon the possessor or claimant of it to overcome the presumption of illegal possession and to establish the fact that it was obtained and is possessed lawfully. This section does not apply
(1) during the first full 10 days after the time when a taking is prohibited, except as provided in (3) of this section;
(2) if the fish or game or part of fish or game is in a preserved condition whether frozen, smoked, canned, salted, pickled, or otherwise preserved; or
(3) with respect to crab aboard a commercial crab fishing vessel, during the first full three days after the time when a taking is prohibited.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 05. Fish and Game Code and Definitions › Article 6. Miscellaneous Provisions. › Sec. 16.05.820. Research by the federal government.

The Secretary of the Interior, the Secretary of Commerce, or the Secretary of Agriculture of the United States and their authorized agents or other appropriate federal agencies may conduct fish cultural operations and scientific investigations in the state in the manner and at the times jointly considered necessary or proper by the Board of Fisheries and the secretary and their authorized agents.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 05. Fish and Game Code and Definitions › Article 6. Miscellaneous Provisions. › Sec. 16.05.822. Transplanting of musk oxen.

The board may transplant surplus musk oxen from Nunivak Island to appropriate areas on the mainland of the state, when good management practices dictate the action. The board shall determine which transplant sites are appropriate and whether a surplus of animals exists.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 05. Fish and Game Code and Definitions › Article 6. Miscellaneous Provisions. › Sec. 16.05.825. State upland game bird release program.

(a) In addition to any other program for the stocking or propagation of game birds that the department has as of July 23, 1974, the department shall establish a special program for the raising, maintenance, and release of upland game birds in the state. Birds raised under this program may be released in an appropriate area of the state at any time, but may be harvested only during regular hunting seasons, as specified by the board under AS 16.05.255(a)(2). The board shall adopt regulations necessary to implement this section.
(b) The department shall establish an appropriate facility for the raising and maintenance of upland game birds to be located at an appropriate place, as determined by the commissioner, in interior Alaska.
(c) The department shall employ a method of tagging game birds released under this section and compile harvest statistics.
(d) In this section, “upland game bird” means a game bird for which a season is established under AS 16.05.255(a)(2) as of July 23, 1974, excluding waterfowl.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 05. Fish and Game Code and Definitions › Article 6. Miscellaneous Provisions. › Sec. 16.05.826. Waterfowl conservation stamp program.

(a) The waterfowl conservation tag authorized in AS 16.05.340(a)(17) shall be produced annually in stamp form by the department in an amount the commissioner considers appropriate. The department shall make stamps available for the creation of waterfowl conservation limited edition prints and shall provide for the sale of stamps and prints to the public.
(b) The department shall provide by appropriate means for the selection of the design of the annual waterfowl conservation stamp and for the production and sale of the stamps.
(c) The department may contract to others the performance of the department's responsibilities under this section. Contracting under this subsection is governed by AS 36.30 (State Procurement Code), except that a contract may include provisions for advance payment or reimbursement for services performed under the contract. All costs incurred under this section may be paid from the fish and game fund.
(d) [Repealed, § 28 ch 90 SLA 1991.]
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 05. Fish and Game Code and Definitions › Article 6. Miscellaneous Provisions. › Sec. 16.05.831. Waste of salmon.

(a) A person may not waste salmon intentionally, knowingly, or with reckless disregard for the consequences. In this section, “waste” means the failure to utilize the majority of the carcass, excluding viscera and sex parts, of a salmon intended for
(1) sale to a commercial buyer or processor;
(2) consumption by humans or domesticated animals; or
(3) scientific, educational, or display purposes.
(b) The commissioner, upon request, may authorize other uses of salmon that would be consistent with maximum and wise use of the resource.
(c) A person who violates this section or a regulation adopted under it is punishable by a fine of not more than $10,000, or by imprisonment for not more than six months, or by both. In addition, a person who violates this section is subject to a civil action by the state for the cost of replacing the salmon wasted.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 05. Fish and Game Code and Definitions › Article 6. Miscellaneous Provisions. › Sec. 16.05.835. Maximum length of salmon seine and certain hair crab vessels.

(a) Unless the Board of Fisheries has provided by regulation for the use of a longer vessel in a salmon seine fishery, a salmon seine vessel may not be longer than 58 feet overall length except vessels that have fished for salmon with seines in waters of the state before January 1, 1962, as 50-foot, official Coast Guard register length vessels.
(b) A vessel engaged in the Bering Sea hair crab fishery within five miles of the shore may not be longer than 58 feet overall length.
(c) In this section, “overall length” means the straight line length between the extremities of the vessel excluding anchor rollers.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 05. Fish and Game Code and Definitions › Article 7. Fishways and Hatcheries. › Sec. 16.05.841. Fishway required.

If the commissioner considers it necessary, every dam or other obstruction built by any person across a stream frequented by salmon or other fish shall be provided by that person with a durable and efficient fishway and a device for efficient passage for downstream migrants. The fishway or device or both shall be maintained in a practical and effective manner in the place, form, and capacity the commissioner approves for which plans and specifications shall be approved by the department upon application. The fishway or device shall be kept open, unobstructed, and supplied with a sufficient quantity of water to admit freely the passage of fish through it.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 05. Fish and Game Code and Definitions › Article 7. Fishways and Hatcheries. › Sec. 16.05.851. Hatchery required.

If a fishway over a dam or obstruction is considered impracticable by the commissioner because of cost, the owner of the dam or obstruction, in order to compensate for the loss resulting from the dam or obstruction shall, at the owner's option
(1) pay a lump sum acceptable to the commissioner to the state fish and game fund;
(2) convey to the state a site of a size satisfactory to the commissioner at a place mutually satisfactory to both parties, and erect on it a fish hatchery, rearing ponds, necessary buildings, and other facilities according to plans and specifications furnished by the commissioner, and give a good and sufficient bond to furnish water, lights, and necessary money to operate and maintain the hatchery and rearing ponds; or
(3) enter into an agreement with the commissioner, secured by good and sufficient bond, to pay to the fish and game fund the initial amount of money and annual payments thereafter that the commissioner considers necessary to expand, maintain, and operate additional facilities at existing hatcheries within a reasonable distance of the dam or obstruction.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 05. Fish and Game Code and Definitions › Article 7. Fishways and Hatcheries. › Sec. 16.05.861. Penalty for violating fishway and hatchery requirements.

(a) The owner of a dam or obstruction who fails to comply with AS 16.05.841 or 16.05.851 or a regulation adopted under AS 16.05.841 or 16.05.851 within a reasonable time specified by written notice from the commissioner is guilty of a misdemeanor, and is punishable by a fine of not more than $1,000. Each day the owner fails to comply constitutes a separate offense.
(b) In addition to the fine, the dam or other obstruction managed, controlled, or owned by a person violating AS 16.05.841 or 16.05.851 or a regulation adopted under AS 16.05.841 or 16.05.851 is a public nuisance and is subject to abatement.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 05. Fish and Game Code and Definitions › Article 8. Protection of Waterways for Anadromous Fish. › Sec. 16.05.871. Protection of fish and game.

(a) The commissioner shall, in accordance with AS 44.62 (Administrative Procedure Act), specify the various rivers, lakes, and streams or parts of them that are important for the spawning, rearing, or migration of anadromous fish.
(b) If a person or governmental agency desires to construct a hydraulic project, or use, divert, obstruct, pollute, or change the natural flow or bed of a specified river, lake, or stream, or to use wheeled, tracked, or excavating equipment or log-dragging equipment in the bed of a specified river, lake, or stream, the person or governmental agency shall notify the commissioner of this intention before the beginning of the construction or use.
(c) The commissioner shall acknowledge receiving the notice by return first class mail. If the commissioner determines that the following information is required, the letter of acknowledgement shall require the person or governmental agency to submit to the commissioner:
(1) full plans and specifications of the proposed construction or work;
(2) complete plans and specifications for the proper protection of fish and game in connection with the construction or work, or in connection with the use; and
(3) the approximate date the construction, work, or use will begin.
(d) The commissioner shall approve the proposed construction, work, or use in writing unless the commissioner finds the plans and specifications insufficient for the proper protection of fish and game. Upon a finding that the plans and specifications are insufficient for the proper protection of fish and game, the commissioner shall notify the person or governmental agency that submitted the plans and specifications of that finding by first class mail. The person or governmental agency may, within 90 days of receiving the notice, initiate a hearing under AS 44.62.370. The hearing is subject to AS 44.62.330 - 44.62.630.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 05. Fish and Game Code and Definitions › Article 8. Protection of Waterways for Anadromous Fish. › Sec. 16.05.881. Construction without approval prohibited.

If a person or governmental agency begins construction on a work or project or use for which notice is required by AS 16.05.871 without first providing plans and specifications subject to the approval of the commissioner for the proper protection of fish and game, and without first having obtained written approval of the commissioner as to the adequacy of the plans and specifications submitted for the protection of fish and game, the person or agency is guilty of a misdemeanor. If a person or governmental agency is convicted of violating AS 16.05.871 - 16.05.896 or continues a use, work, or project without fully complying with AS 16.05.871 - 16.05.896, the use, work, or project is a public nuisance and is subject to abatement. The cost of restoring a specified river, lake, or stream to its original condition shall be borne by the violator and shall be in addition to the penalty imposed by the court.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 05. Fish and Game Code and Definitions › Article 8. Protection of Waterways for Anadromous Fish. › Sec. 16.05.891. Exemption for emergency situations.

In an emergency arising from weather or stream flow conditions, the commissioner, through authorized representatives, shall issue oral permits to a riparian owner for removing obstructions or for repairing existing structures without the necessity of submitting prepared plans and specifications as required by AS 16.05.871.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 05. Fish and Game Code and Definitions › Article 8. Protection of Waterways for Anadromous Fish. › Sec. 16.05.896. Penalty for causing material damage.

If a person or governmental agency fails to notify the commissioner of any construction or use that causes material damage to the spawning beds or prevents or interferes with the migration of anadromous fish, or by neglect or noncompliance with plans and specifications required and approved by the commissioner causes material damage to the spawning beds or prevents or interferes with the migration of anadromous fish, the person or governmental agency shall be guilty of a misdemeanor.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 05. Fish and Game Code and Definitions › Article 8. Protection of Waterways for Anadromous Fish. › Sec. 16.05.901. Penalty for violations of AS 16.05.871 - 16.05.896.

(a) A person who violates AS 16.05.871 - 16.05.896 is guilty of a class A misdemeanor.
(b) The court shall transmit the proceeds of all fines to the proper state officer for deposit in the general fund of the state.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 05. Fish and Game Code and Definitions › Article 9. General Provisions. › Sec. 16.05.905. Activities by aliens prohibited.

(a) Alien persons not lawfully admitted to the United States are prohibited from engaging in commercial fishing activities or taking marine mammals in the territorial waters of the state as they presently exist or may be extended in the future.
(b) An alien person who violates (a) of this section is guilty of a misdemeanor, and upon conviction is punishable by a confiscation and forfeiture of the fishing vessel used in the violation, or by imprisonment for not more than one year, or by fine of not more than $10,000, or by all or any two of the foregoing punishments.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 05. Fish and Game Code and Definitions › Article 9. General Provisions. › Sec. 16.05.920. Prohibited conduct generally.

(a) Unless permitted by AS 16.05 - AS 16.40 or by regulation adopted under AS 16.05 - AS 16.40, a person may not take, possess, transport, sell, offer to sell, purchase, or offer to purchase fish, game, or marine aquatic plants, or any part of fish, game, or aquatic plants, or a nest or egg of fish or game.
(b) A person may not knowingly disturb, injure, or destroy a notice, signboard, seal, tag, aircraft, boat, vessel, automobile, paraphernalia, equipment, building, or other improvement or property of the department used in the administration or enforcement of this title except AS 16.51 and AS 16.52, or a poster or notice to the public concerning the provisions of this title except AS 16.51 and AS 16.52, or a regulation adopted under this title except AS 16.51 and AS 16.52, or a marker indicating the boundary of an area closed to hunting, trapping, fishing, or other special use under this title except AS 16.51 and AS 16.52. A person may not knowingly destroy, remove, tamper with, or imitate a seal or tag issued or used by the department or attached under its authority to a skin, portion, or specimen of fish or game, or other article for the purpose of identification or authentication in accordance with this title except AS 16.51 and AS 16.52 or a regulation adopted under this title except AS 16.51 and AS 16.52.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 05. Fish and Game Code and Definitions › Article 9. General Provisions. › Sec. 16.05.921. Venomous reptiles and insects or their eggs; prohibited conduct; permits.

(a) A person may not import, possess, transport, or release in the state live venomous reptiles, live venomous reptile eggs, live venomous insects, or live venomous insect eggs, except in accordance with the terms of a permit issued under (b) of this section. This prohibition does not apply to bees as defined in AS 03.47.040. A person who violates this subsection is guilty of a misdemeanor and may be cited as set out in AS 16.05.165.
(b) A permit required under (a) of this section may be granted only if, in the determination of the commissioner, the applicant demonstrates a valid educational purpose for seeking the permit. A valid educational purpose includes display in educational institutions and in zoos.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 05. Fish and Game Code and Definitions › Article 9. General Provisions. › Sec. 16.05.925. Penalty for violations.

(a) Except as provided in AS 16.05.430, 16.05.665, 16.05.722, 16.05.723, 16.05.783, 16.05.831, 16.05.861, and 16.05.905, a person who violates AS 16.05.920 or 16.05.921, or a regulation adopted under this chapter or AS 16.20, is guilty of a class A misdemeanor.
(b) In addition to a penalty imposed under (a) of this section or any other penalty for violation of this title or a regulation adopted under this title, a person who is convicted of unlawfully taking an animal listed in this subsection may be ordered by the court to pay restitution to the state in the amount set out in this subsection for each animal unlawfully taken:
(1) Bear, black ..... $ 600
(2) Bear, brown or grizzly ..... 1,300
(3) Bison ..... 1,300
(4) Caribou ..... 850
(5) Deer ..... 400
(6) Elk ..... 800
(7) Goat ..... 800
(8) Moose ..... 1,000
(9) Musk oxen ..... 3,000
(10) Sheep ..... 1,100
(11) Wolf ..... 500
(12) Wolverine ..... 500.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 05. Fish and Game Code and Definitions › Article 9. General Provisions. › Sec. 16.05.930. Exempted activities.

(a) This chapter does not prevent the collection or exportation of fish and game, a part of fish or game or a nest or egg of a bird for scientific or educational purposes, or for propagation or exhibition purposes under a permit that the department may issue and prescribe the terms thereof.
(b) This chapter does not prohibit a person from taking fish or game during the closed season, in case of dire emergency, as defined by regulation adopted by the appropriate board.
(c) AS 16.05.920 and 16.05.921 do not prohibit rearing and sale of fish from private ponds, the raising of wild animals in captivity for food, or the raising of game birds for the purpose of recreational hunting on game hunting preserves, under regulations adopted by the appropriate board. In this subsection, “animals” includes all animal life, including insects and bugs.
(d) Nondomestic animals of any species may not be transferred or transported from the state under (a) of this section unless approved by the Board of Game in regular or special meeting. Animals transferred or transported under (a) of this section shall be animals that are certified by the department to be surplus and unnecessary to the sustained yield management of the resource. Each application for a permit under (a) of this section shall be accompanied by a statement prepared by the department examining the probable environmental impact of the action.
(e) This chapter does not prevent the traditional barter of fish and game taken by subsistence hunting or fishing, except that the commissioner may prohibit the barter of subsistence-taken fish and game by regulation, emergency or otherwise, if a determination on the record is made that the barter is resulting in a waste of the resource, damage to fish stocks or game populations, or circumvention of fish or game management programs.
(f) A permit may not be required for possessing, importing, or exporting mink and fox for fur farming purposes.
(g) AS 16.05.330 - 16.05.723 do not apply to an activity authorized by a permit issued under AS 16.40.100 or 16.40.120, or to a person or vessel employed in an activity authorized by a permit issued under AS 16.40.100 or 16.40.120.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 05. Fish and Game Code and Definitions › Article 9. General Provisions. › Sec. 16.05.935. Restrictions on cooperation with federal government.

(a) In recognition of the fact that the state has not assented to federal control of fish and game in Glacier Bay National Park and Preserve or the navigable waters within or adjoining the park and preserve, that the power to control the management of fish and game within the boundaries of the state is an incident of state sovereignty, and that the federal government cannot commandeer the lawmaking processes of the states to compel the state to enact and enforce a federal regulatory program, an agency, employee, or agent of the state may not expend funds to adopt or enforce the implementation of the federal regulatory program or a part of the program for control of fish and game in the park and preserve or the navigable waters within or adjoining the park and preserve that is in conflict with a state statute or regulation regarding management of fish or game within the park or preserve. This subsection does not prohibit an agency, employee, or agent of the state from
(1) taking action necessary to protect life or property;
(2) commenting on proposed federal statutes or regulations;
(3) collecting data relating to claims of economic harm arising from the closure of the park and preserve to commercial fishing; or
(4) participating in or cooperating with a federal program established under 16 U.S.C. 703 - 712 (Migratory Bird Treaty Act); 16 U.S.C. 773 - 773k (Northern Pacific Halibut Act of 1982); 16 U.S.C. 1361 - 1421h (Marine Mammal Protection Act); 16 U.S.C. 1531 - 1544 (Endangered Species Act); 16 U.S.C. 1801 - 1883 (Magnuson-Stevens Fishery Conservation and Management Act); 16 U.S.C. 3631 - 3644 (Pacific Salmon Treaty Act of 1985).
(b) Nothing in this title authorizes the department or a board to enter into an agreement with a department or agency of the federal government that cedes state authority for the management of fish or game in the state to the federal government. In this subsection, “management” means the regulation of the method, manner, means, time, or place of taking of fish or game or the regulation of the amount of fish or game that may be taken.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 1. Interference with Streams and Waters. › Sec. 16.10.010. Interference with salmon spawning streams and waters.

(a) A person may not, without first applying for and obtaining a permit or license from the Department of Environmental Conservation,
(1) obstruct, divert, or pollute waters of the state, either fresh or salt, utilized by salmon in the propagation of the species, by felling trees or timber in those waters, casting, passing, throwing, or dumping tree limbs or foliage, underbrush, stumps, rubbish, earth, stones, rock, or other debris, or passing or dumping sawdust, planer shavings, or other waste or refuse of any kind in those waters;
(2) erect a dam, barricade, or obstruction to retard, conserve, impound, or divert the waters described in (1) of this subsection to prevent, retard, or interfere with the free ingress or egress of salmon into those waters in the natural spawning or propagation process;
(3) render the waters described in (1) of this subsection inaccessible or uninhabitable for salmon for spawning or propagation.
(b) The application for the permit or license referred to in (a) of this section must set out the name and style of the person or concern, describe the waters and location, and state in particular the plans, purpose, and intention for which the application is made.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 1. Interference with Streams and Waters. › Sec. 16.10.020. Grounds for permit or license.

If in the judgment of the Department of Environmental Conservation, the purpose of the applicant for the permit or license is to develop power, obtain water for civic, domestic, irrigation, manufacturing, mining, or other purposes tending to develop the natural resources of the state, the department may grant the permit or license and may require the applicant to construct and maintain adequate fish ladders, fishways, or other means by which fish may pass over, around, or through the dam, obstruction or diversion in the pursuit of the propagation or spawning process.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 1. Interference with Streams and Waters. › Sec. 16.10.030. Penalty for violation of AS 16.10.010 - 16.10.050.

A person who violates AS 16.10.010 - 16.10.050 is guilty of a misdemeanor and, upon conviction, is punishable by a fine of not less than $100 nor more than $500.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 1. Interference with Streams and Waters. › Sec. 16.10.040. Disposition of money received for fines and penalties.

The proceeds of all fines and penalties imposed under AS 16.10.010 - 16.10.050 shall be paid into the general fund and they shall be immediately available for expenditure by the Department of Fish and Game.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 10. Fisheries and Fishing Regulations › Article 1. Interference with Streams and Waters. › Sec. 16.10.050. Construction of AS 16.10.010 - 16.10.050.

AS 16.10.010 - 16.10.050 do not affect the vested rights or privileges granted by federal statute to any person.