reglab/statecodes huggingface dataset:
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 43. Regulation of Entry into Alaska Commercial Fisheries › Article 3. Initial Issuance of Entry Permits. › Sec. 16.43.225. Moratorium on new entrants into certain fisheries.

(a) Subject to (b) of this section, the commission may establish a moratorium on new entrants into a fishery
(1) that has experienced recent increases in fishing effort that are beyond a low, sporadic level of effort;
(2) that has achieved a level of harvest that may be approaching or exceeding the maximum sustainable level for the fishery; and
(3) for which there is insufficient biological and resource management information necessary to promote the conservation and sustained yield management of the fishery.
(b) The commission may establish a moratorium on new entrants into a fishery described in (a) of this section if
(1) the commissioner of fish and game, subject to AS 16.05.251(g), petitions the commission under AS 44.62.220 to establish a moratorium on new entrants into the fishery; and
(2) the commission finds that
(A) the fishery has reached a level of participation that may threaten the conservation and the sustained yield management of the fishery resource and the economic health and stability of commercial fishing; and
(B) the commission has insufficient information to conclude that the establishment of a maximum number of entry permits under AS 16.43.240 would further the purposes of this chapter.
(c) The commission may establish a moratorium under this section for a continuous period of up to four years. A fishery that has been subject to a moratorium under this section may not be subjected to a subsequent moratorium under this section unless five years have elapsed since the previous moratorium expired.
(d) While a moratorium is in effect, the commission shall conduct investigations to determine whether a maximum number of entry permits should be established under AS 16.43.240 by
(1) conducting research into conditions in the fishery;
(2) consulting with the Department of Fish and Game and the Board of Fisheries; and
(3) consulting with participants in the fishery.
(e) The commission shall establish by regulation the qualifications for applicants for an interim-use permit for a fishery subject to a moratorium under this section. The qualifications must include the minimum requirements for past or present participation and harvest in the fishery. The commission may not issue an interim-use permit for a fishery subject to a moratorium under this section unless the applicant can satisfy the qualifications established under this subsection and establish the present ability and intent to participate actively in the fishery.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 43. Regulation of Entry into Alaska Commercial Fisheries › Article 3. Initial Issuance of Entry Permits. › Sec. 16.43.227. Southeast Alaska Dungeness crab fishery.

(a) The commission may establish a moratorium on new entrants into the southeast Alaska Dungeness crab fishery for a continuous period of up to four years without complying with AS 16.43.225(a) - (c). While the moratorium is in effect, the commission shall
(1) conduct the investigation required under AS 16.43.225(d);
(2) establish by regulation the qualifications for an interim-use permit for the fishery, including minimum requirements for past or present participation and harvest in the fishery; and
(3) issue interim-use permits for the fishery to applicants who satisfy the qualifications established under (2) of this subsection and who establish the present ability and intent to participate actively in the fishery.
(b) Notwithstanding AS 16.43.225, for the purposes of this chapter
(1) an interim-use permit issued under this section shall be treated as an interim-use permit issued under AS 16.43.225;
(2) a moratorium established under this section shall be treated as a moratorium established under AS 16.43.225.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 43. Regulation of Entry into Alaska Commercial Fisheries › Article 3. Initial Issuance of Entry Permits. › Sec. 16.43.228. Southeast Alaska dive fisheries.

(a) [Repealed, § 4 ch 125 SLA 1996.]
(b) [Repealed, § 4 ch 125 SLA 1996.]
(c) [Repealed, § 4 ch 125 SLA 1996.]
(d) [Repealed, § 4 ch 125 SLA 1996.]
(e) [Repealed, § 22 ch 9 SLA 2014.]
(f) Notwithstanding AS 16.43.225, for the purposes of this chapter,
(1) an interim-use permit issued under this section shall be treated as an interim-use permit issued under AS 16.43.225;
(2) a moratorium established under this section shall be treated as a moratorium established under AS 16.43.225.
(g) The commission may not consider participation in a fishery, subject to a moratorium on entry under this section, that occurs during the period of the moratorium in determining eligibility for an entry permit that may be issued for the fishery after termination of the moratorium.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 43. Regulation of Entry into Alaska Commercial Fisheries › Article 3. Initial Issuance of Entry Permits. › Sec. 16.43.230. Designation of distressed fisheries.

Pending the determination of maximum numbers of entry permits under AS 16.43.240 and before the initial issue of entry permits under AS 16.43.270, the commission shall designate as distressed fisheries those for which it estimates that the optimum number of entry permits will be less than the highest number of units of gear fished in that fishery during any one of the four years immediately preceding January 1, 1973.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 43. Regulation of Entry into Alaska Commercial Fisheries › Article 3. Initial Issuance of Entry Permits. › Sec. 16.43.240. Determination of the maximum number of entry permits for initial issue.

(a) Except as provided in AS 16.43.270(a), the maximum number of entry permits for a distressed fishery designated under AS 16.43.230 shall be the highest number of units of gear fished in that fishery during any one of the four years immediately preceding January 1, 1973.
(b) When the commission finds that a fishery, not designated as a distressed fishery under AS 16.43.230 or not subject to a moratorium under AS 16.43.225, has reached levels of participation that require the limitation of entry under AS 16.43.140 - 16.43.330 in order to achieve the purposes of this chapter, the commission shall establish the maximum number of entry permits for that fishery.
(c) When the commission finds that a fishery subject to a moratorium under AS 16.43.225 has reached levels of participation that require the limitation of entry under AS 16.43.140 - 16.43.330 in order to achieve the purposes of this chapter, the commission shall establish the maximum number of entry permits for that fishery.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 43. Regulation of Entry into Alaska Commercial Fisheries › Article 3. Initial Issuance of Entry Permits. › Sec. 16.43.260. Application for initial issue of entry permits.

(a) The commission shall accept applications for entry permits only from applicants who have harvested fishery resources commercially while participating in the fishery as holders of gear licenses issued under former AS 16.05.536 - 16.05.670 or interim-use permits under AS 16.43.210(a) or 16.43.225 before the qualification date established in (d), (e), or (f) of this section. The commission may specify by regulation the calendar years of participation that will be considered for eligibility purposes.
(b) The commission shall establish the opening and closing dates, places and form of application for entry permits for each fishery. The commission may require the submission of specific verified evidence establishing the applicant's qualifications under the regulations adopted under AS 16.43.250.
(c) When an applicant is unable to establish qualifications for an entry permit by submitting the specific verified evidence required in the application by the commission, the applicant may request and obtain an administrative adjudication of the application according to the procedures established in AS 16.43.110(b). At the hearing the applicant may present alternative evidence of qualifications for an entry permit.
(d) Except as provided in (e) or (f) of this section, an applicant shall be assigned to a priority classification based solely upon the applicant's qualifications as of January 1, 1973.
(e) Except as provided in (f) of this section, when the commission establishes the maximum number of entry permits for a particular fishery under AS 16.43.240 after January 1, 1975, an applicant shall be assigned to a priority classification based solely upon the applicant's qualifications as of January 1 of the year during which the commission establishes the maximum number of entry permits for the fishery for which application is made.
(f) When the commission establishes the maximum number of entry permits under AS 16.43.240 for a fishery that is subject to a moratorium under AS 16.43.225, an applicant for an entry permit for the fishery shall be assigned to a priority classification based solely upon the applicant's qualifications as of the effective date of the statute or regulation establishing the moratorium.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 43. Regulation of Entry into Alaska Commercial Fisheries › Article 3. Initial Issuance of Entry Permits. › Sec. 16.43.270. Initial issuance of entry permits.

(a) The commission shall issue entry permits, for each fishery, first to all qualified applicants in the priority classifications designated under AS 16.43.250(b) and then to qualified applicants in order of descending priority classification, until the number of entry permits issued equals the maximum number of entry permits established under AS 16.43.230 and 16.43.240 for each fishery, except that a person within a priority classification specified under AS 16.43.250(b) may not be denied an entry permit.
(b) If, within the lowest priority classification of qualified applicants to which some entry permits may be issued, there are more applicants than there are entry permits to be issued, then the allocation of entry permits within that priority classification shall be by lottery. However, the commission shall issue entry permits to all qualified applicants in that priority classification if the total number of permits issued for the fishery does not exceed the maximum number of entry permits established under AS 16.43.240 for that fishery by more than five percent or 10 permits, whichever is greater.
(c) If, at the time entry permits are issued, some applicants are still appealing the findings of an administrative adjudication under AS 16.43.260, a sufficient number of permits shall be reserved out of the permits to be issued to protect the rights of those applicants, assuming all the appeals will be resolved in favor of the applicants. In the event that all appeals are not resolved in favor of the applicants, the remaining entry permits shall be allocated to the next most qualified applicants as provided in (a) and (b) of this section.
(d) The commission may restrict the fishing capacity employed under an entry permit if, before the initial issuance of entry permits for a fishery, the commission determines that the fishing capacity in the fishery must be limited to achieve the purposes of this chapter, establishes criteria for determining the fishing capacity that is allowed under an entry permit, and establishes how fishing capacity will be measured. The maximum fishing capacity allowed under an entry permit must be based upon past participation in the fishery by the initial recipient of the entry permit during a period, specified by the commission, preceding the qualification date established under AS 16.43.260. The commission may define fishing capacity in terms of quantity of fishing gear, a proportion of the maximum amount of gear that can be utilized in the fishery under regulations of the Board of Fisheries, fishing vessel size or other characteristics, or other factors determined by the commission to affect the amount of fishing effort in the fishery. The recipient or transferee of an entry permit issued subject to this subsection may not exceed the fishing capacity allowed under the entry permit.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 43. Regulation of Entry into Alaska Commercial Fisheries › Article 4. Reduction to Optimum Number of Entry Permits. › Sec. 16.43.290. Optimum number of entry permits.

Following the issuance of entry permits under AS 16.43.270, the commission shall establish the optimum number of entry permits for each fishery based upon a reasonable balance of the following general standards:
(1) the number of entry permits sufficient to maintain an economically healthy fishery that will result in a reasonable average rate of economic return to the fishermen participating in that fishery, considering time fished and necessary investments in vessels and gear;
(2) the number of entry permits necessary to harvest the allowable commercial take of the fishery resource during all years in an orderly, efficient manner, and consistent with sound fishery management techniques;
(3) the number of entry permits sufficient to avoid serious economic hardship to those currently engaged in the fishery, considering other economic opportunities reasonably available to them.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 43. Regulation of Entry into Alaska Commercial Fisheries › Article 4. Reduction to Optimum Number of Entry Permits. › Sec. 16.43.300. Revisions of optimum number of entry permits.

(a) The commission may increase or decrease the optimum number of entry permits for a fishery when one or more of the following conditions makes a change desirable considering the purposes of this chapter:
(1) an established long-term change in the biological condition of the fishery has occurred that substantially alters the optimum number of entry permits permissible applying the standards set out in AS 16.43.290;
(2) an established long-term change in market conditions has occurred, directly affecting the fishery, that substantially alters the optimum number of entry permits permissible under the standards set out in AS 16.43.290.
(b) If the commission decreases the optimum number of entry permits for a fishery, the number of entry permits may be reduced only under the voluntary buy-back provisions set out in AS 16.43.310 and 16.43.320.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 43. Regulation of Entry into Alaska Commercial Fisheries › Article 4. Reduction to Optimum Number of Entry Permits. › Sec. 16.43.310. Establishment of buy-back funds and permit buy-back assessments.

(a) When the optimum number of entry permits is less than the number of entry permits outstanding in a fishery, the commission may establish a buy-back program, a buy-back plan, and a buy-back fund for that fishery.
(b) The commission may establish by regulation a permit buy-back assessment for each fishery for which the commission has established a buy-back fund under (a) of this section. The amount of the assessment may not exceed seven percent of the value, as defined in AS 43.75.290, of fish that a permit holder in the fishery subject to the assessment removes from the state or transfers to a buyer in the state. The Department of Revenue shall collect an assessment established under this subsection.
(c) The commission shall expend money appropriated to a buy-back fund for the purpose of reducing the number of entry permits in the fishery to the optimum number, at a rate to be established by the commission. The legislature may appropriate interest accrued on the money in a buy-back fund to that fund. Except as provided in AS 16.43.320, money appropriated to a buy-back fund does not lapse.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 43. Regulation of Entry into Alaska Commercial Fisheries › Article 4. Reduction to Optimum Number of Entry Permits. › Sec. 16.43.320. Administration of the buy-back program.

The commission shall adopt regulations providing for the purchase of transferable entry permits with money in the buy-back fund for each fishery. The commission shall cease purchases of entry permits in a fishery when the number of entry permits in the fishery has been reduced to the optimum number. The commission shall terminate a buy-back assessment established for a fishery under AS 16.43.310(b) when the commission determines that the amount of revenue collected through the assessment is sufficient to purchase the number of entry permits necessary to achieve the optimum number of entry permits in the fishery and to offset the reasonable costs of the buy-back program for the fishery, including repayment of any debt the commission was authorized to incur to capitalize the buy-back fund for the fishery. The unexpended balance of appropriations made to a buy-back fund for a fishery shall lapse back into the fund from which the money was appropriated at the end of the fiscal year in which the buy-back program is terminated.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 43. Regulation of Entry into Alaska Commercial Fisheries › Article 4. Reduction to Optimum Number of Entry Permits. › Sec. 16.43.330. Issuance of new entry permits; appropriations related to fleet reduction.

(a) When the number of outstanding entry permits for a fishery is less than the optimum number established under AS 16.43.290, the commission shall issue new entry permits to applicants who are presently able to engage actively in the fishery until the optimum number is reached.
(b) The commission shall determine equitable methods of issuance, as appropriate, under (a) of this section that assure the receipt of fair market value for the permits issued.
(c) If a salmon fishery association qualified under AS 16.40.250 takes part in a fleet reduction program by expending money or incurring debt to contract with permit holders to relinquish the holders' entry permits under AS 16.43.150(i), and if this section requires additional permits to be issued for the same fishery in which the fleet reduction program was implemented, the legislature may appropriate any resulting revenue to the association for reimbursement of money expended or to retire any outstanding debt incurred for fleet reduction purposes. An appropriation under this subsection must be made within 30 years after the date the money was expended or debt incurred.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 43. Regulation of Entry into Alaska Commercial Fisheries › Article 5. Educational Entry Permits. › Sec. 16.43.340. Educational entry permits.

(a) In addition to entry permits and interim-use permits, the commission may issue educational entry permits to public, private, or denominational educational institutions accredited by the Department of Education and Early Development or accredited institutions, career, or vocational programs approved by the Alaska Commission on Postsecondary Education, or full-time nonprofit residential child care facilities licensed by the Department of Health, division of social services, if
(1) the program is offered to students at the junior high school level or above;
(2) the issuance of an educational entry permit is reasonably necessary to the instruction of students under courses offered by the applicant for the educational entry permit;
(3) the program is offered by an institution that is located in the state and has been in operation for at least two years; and
(4) the institution offering the program is not a correspondence institution.
(b) An educational entry permit may only be used in a program conducted by the recipient of the permit for the purpose of training students in the methods of commercial fishing.
(c) The commission may issue educational entry permits notwithstanding the establishment of maximum or optimum numbers under AS 16.43.240 and 16.43.290.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 43. Regulation of Entry into Alaska Commercial Fisheries › Article 5. Educational Entry Permits. › Sec. 16.43.351. Term and conditions of educational entry permit.

(a) Educational entry permits may be applied for on an annual basis and shall be issued for a term of one year. The permits are nontransferable.
(b) A recipient may be issued an educational entry permit valid for designated fisheries in the administrative area the commission determines to be appropriate, considering the nature of the educational program and the location of the educational or vocational institution. The recipient of an educational entry permit may not be issued an educational entry permit in more than one administrative area except as issued by the commission in its discretion upon good cause shown.
(c) An educational entry permit issued under AS 16.43.340 may be used by any agent or employee authorized by the recipient of the educational entry permit.
(d) Annual fees for educational entry permits shall be as specified by commission regulation under the authority of AS 16.43.160.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 43. Regulation of Entry into Alaska Commercial Fisheries › Article 5. Educational Entry Permits. › Sec. 16.43.361. Disposition of fish.

Fish caught under the authority of an educational entry permit are the property of the recipient of the permit. The recipient may sell the fish and use the proceeds to pay for the costs of the training program. Revenues generated from the sale of fish harvested under an educational entry permit shall be paid to the general fund to the extent the revenues exceed costs of the training program.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 43. Regulation of Entry into Alaska Commercial Fisheries › Article 5. Educational Entry Permits. › Sec. 16.43.381. Adoption of regulations.

(a) Use privileges granted under AS 16.43.340 - 16.43.390 are subject to the regulations of the Board of Fisheries, which may adopt regulations exclusively applicable to the use of educational entry permits.
(b) The commission shall adopt regulations relating to the issuance of educational entry permits, establishing eligibility criteria for recipients of the permits, and such other matters as are reasonably necessary to implement AS 16.43.340 - 16.43.390.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 43. Regulation of Entry into Alaska Commercial Fisheries › Article 6. Special Harvest Area Entry Permits. › Sec. 16.43.400. Special harvest area entry permits.

(a) In addition to entry permits, interim-use permits, and educational permits, the commission may issue special harvest area entry permits to
(1) holders of private, nonprofit hatchery permits issued by the Department of Fish and Game under AS 16.10.400 - 16.10.475 for salmon; and
(2) nonprofit organizations holding a permit under AS 16.12 for a shellfish enhancement project.
(b) The commission may issue special harvest area entry permits notwithstanding the establishment of maximum or optimum numbers under AS 16.43.240 and 16.43.290.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 43. Regulation of Entry into Alaska Commercial Fisheries › Article 6. Special Harvest Area Entry Permits. › Sec. 16.43.410. Term and conditions of special harvest area entry permits.

(a) Special harvest area entry permits may be applied for on an annual basis and shall be issued for a term of one year. A permit is nontransferable.
(b) A special harvest area entry permit may only be issued for the applicable area designated by the Department of Fish and Game as a special harvest area.
(c) The annual fee for a special harvest area entry permit shall be specified by commission regulation under the authority of AS 16.43.160.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 43. Regulation of Entry into Alaska Commercial Fisheries › Article 6. Special Harvest Area Entry Permits. › Sec. 16.43.420. Disposition of fish.

Fish caught under the authority of a special harvest area entry permit are the property of the permit holder. The permit holder may sell the fish if the proceeds are used in the manner described in AS 16.10.450.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 43. Regulation of Entry into Alaska Commercial Fisheries › Article 6. Special Harvest Area Entry Permits. › Sec. 16.43.440. Adoption of regulations.

(a) Use privileges granted under AS 16.43.400 - 16.43.440 are subject to the regulations of the Board of Fisheries.
(b) The commission, after consultation with the Department of Fish and Game, shall adopt regulations that are reasonably necessary to implement AS 16.43.400 - 16.43.440.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 43. Regulation of Entry into Alaska Commercial Fisheries › Article 8. Point System for Commercial Fishing Violations in Salmon Fisheries. › Sec. 16.43.850. Point system.

(a) For the purpose of identifying frequent violators of commercial fishing laws in salmon fisheries, the commission shall adopt regulations establishing a uniform system for the suspension of commercial salmon fishing privileges by assigning demerit points for convictions for violations of commercial fishing laws in salmon fisheries that are reported to the commission under AS 16.43.880. The commission shall assess demerit points against a permit holder for each violation of commercial fishing laws in a salmon fishery in accordance with (b) and (c) of this section. The commission shall assess points against a permit holder for the salmon fishery in which the violation of commercial fishing laws occurred.
(b) The commission shall assess demerit points against a permit holder for a conviction of a violation of commercial fishing laws in a salmon fishery under AS 16.05.722, 16.05.723, 16.05.831; AS 16.10.055, 16.10.070 - 16.10.090, 16.10.100, 16.10.110, 16.10.120, 16.10.200 - 16.10.220, and 16.10.760 - 16.10.790 for the following violations in accordance with this schedule:
(1) fishing in closed waters ..... 6 points;
(2) fishing during closed season or period ..... 6 points;.
(3) fishing with more than the legal amount of gear ..... 4 points;
(4) fishing with gear not allowed in fishery ..... 6 points;
(5) fishing before expiration of transfer period ..... 6 points;
(6) interfering with commercial fishing gear ..... 4 points;
(7) fishing with more than the legal amount of gear on vessel ..... 4 points;
(8) improper operation of fishing gear ..... 4 points;
(9) permit holder not present when required ..... 4 points;
(10) fishing with underlength or overlength vessel ..... 6 points;
(11) wanton waste of fishery resources ..... 4 points.
(c) Notwithstanding (b) of this section, if a permit holder's first conviction of a violation of commercial fishing laws in a salmon fishery in a 36-month period is a conviction under AS 16.05.722, the number of demerit points assessed against the permit holder for the violation must be one-half of the points assessed for the violation under (b) of this section.
(d) The commission shall suspend a permit holder's commercial salmon fishing privileges for a salmon fishery for a period of
(1) one year if the permit holder accumulates 12 or more points during any consecutive 36-month period as a result of convictions for violations of commercial fishing laws in the salmon fishery;
(2) two years if the permit holder accumulates 16 or more points during any consecutive 36-month period as a result of convictions for violations of commercial fishing laws in the salmon fishery;
(3) three years if the permit holder accumulates 18 or more points during any consecutive 36-month period as a result of convictions for violations of commercial fishing laws in the salmon fishery.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 43. Regulation of Entry into Alaska Commercial Fisheries › Article 8. Point System for Commercial Fishing Violations in Salmon Fisheries. › Sec. 16.43.855. Assessment of points.

(a) Notice of each assessment of points shall be given to the permit holder. Notice shall also be given to the permit holder before the expiration of a suspension of commercial salmon fishing privileges under AS 16.43.850(d) that subsequent violations of commercial fishing laws in the salmon fishery may result in further suspensions of the permit. The notice may be given by first class mail.
(b) The time periods provided for in AS 16.43.850 for the accumulation of points shall be based on the date of conviction, either on a plea of guilty, nolo contendere, or a forfeiture of bail or collateral, or as a result of a trial, for violation of a commercial salmon fishing law.
(c) The assessment of points against a permit holder by the commission under AS 16.43.850 - 16.43.895 is in addition to, and not in substitution for, other provisions of this title and is not a substitute for any penalty imposed by a court.
(d) If points are assessed against a permit holder who holds a commercial fishing permit for a salmon fishery under an emergency transfer approved by the commission under AS 16.43.180, the same number of points shall also be assessed against the transferor of the permit. Points assessed against the transferor of the permit under this subsection shall be included in calculations made under AS 16.43.850(d).
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 43. Regulation of Entry into Alaska Commercial Fisheries › Article 8. Point System for Commercial Fishing Violations in Salmon Fisheries. › Sec. 16.43.860. Suspension.

(a) A permit holder whose commercial salmon fishing privileges for a salmon fishery are suspended under AS 16.43.850 - 16.43.895 may not obtain an entry permit or interim-use permit for that salmon fishery during the period of the suspension of the privileges. During the period for which the permit holder's privilege to obtain an entry permit or interim-use permit for a salmon fishery is suspended under this section, the commission may not issue a permit card to the permit holder for that fishery.
(b) A permit holder whose privilege of obtaining a commercial fishing permit for a salmon fishery is suspended under AS 16.43.850 - 16.43.895 may not
(1) engage in the salmon fishery under a crewmember license; or
(2) lease or rent the permit holder's interest in a boat to another person if the boat would be used in the salmon fishery for which the permit holder's fishing privileges are suspended.
(c) If, during the period for which a permit holder's commercial fishing privileges for a salmon fishery are suspended, the commission establishes a limited entry system for the salmon fishery, the permit holder shall be eligible to obtain an entry permit for that fishery to the extent that the permit holder qualifies for the entry permit under regulations adopted by the commission. If the permit holder qualifies for an entry permit for the fishery, the commission shall withhold issuance of the entry permit until the period of the suspension imposed under AS 16.43.850 - 16.43.895 has expired.
(d) The commission may not transfer a commercial fishing permit for a salmon fishery under an emergency transfer under AS 16.43.180 if, at the time of the application for the emergency transfer, the permit holder's commercial salmon fishing privileges for the salmon fishery have been suspended.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 43. Regulation of Entry into Alaska Commercial Fisheries › Article 8. Point System for Commercial Fishing Violations in Salmon Fisheries. › Sec. 16.43.870. Notice and appeal.

The commission shall provide notice of determinations of the commission under AS 16.43.850 - 16.43.895. Respondents may request a hearing under regulations adopted by the commission under AS 16.43.110.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 43. Regulation of Entry into Alaska Commercial Fisheries › Article 8. Point System for Commercial Fishing Violations in Salmon Fisheries. › Sec. 16.43.880. Required notice to commission.

(a) A court that convicts a person of a violation of commercial fishing laws under this title or under a regulation adopted under this title in a salmon fishery shall forward a record of the conviction to the commission on a weekly basis.
(b) A conviction on a plea of nolo contendere accepted by the court or a forfeiture of bail or collateral deposited to secure a defendant's appearance in court that has not been vacated, or as a result of trial, is a conviction for purposes of AS 16.43.850 - 16.43.895.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 43. Regulation of Entry into Alaska Commercial Fisheries › Article 8. Point System for Commercial Fishing Violations in Salmon Fisheries. › Sec. 16.43.895. Definitions for AS 16.43.850 - 16.43.895.

In AS 16.43.850 - 16.43.895,
(1) “commercial fishing law” means a statute or regulation that regulates the conduct of a person engaged in commercial fishing activities by establishing requirements relating to fishing licenses and permits; catch records and reports; size, nature, quantity, or use of fishing vessels, sites, and gear; time, place, or manner of taking fishery resources; possession, transportation, sale, barter, or waste of fishery resources; or other aspects of commercial fishing;
(2) “commercial fishing permit” means an entry permit or an interim-use permit issued under this chapter;
(3) “commercial salmon fishing privileges” means the privilege of participating in an activity for which a commercial fishing permit to take salmon is required and the privilege of obtaining a commercial fishing permit to take salmon;
(4) “permit holder” includes the holder of a commercial fishing permit as the result of an emergency transfer, an applicant for a commercial fishing permit if the applicant's commercial fishing permit was suspended under AS 16.43.850 - 16.43.895, and a person whose privilege of obtaining a commercial fishing permit for a fishery is suspended under AS 16.43.850 - 16.43.895.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 43. Regulation of Entry into Alaska Commercial Fisheries › Article 9. General Provisions. › Sec. 16.43.945. Commercial fishing privileges exempt from claims of creditors.

Except as provided in AS 16.10.333 - 16.10.338, AS 16.43.170(g), AS 44.81.215, and 44.81.231 - 44.81.250, commercial fishing privileges granted under this chapter, including entry permits, are exempt from claims of creditors, including claims under AS 09.38.065 and AS 45.29.408.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 43. Regulation of Entry into Alaska Commercial Fisheries › Article 9. General Provisions. › Sec. 16.43.950. Applications of regulations of Board of Fisheries.

Nothing in this chapter limits the powers of the Board of Fisheries, including the power to determine legal types of gear and the power to establish size limitations or other uniform restrictions applying to a certain type of gear. Holders of interim-use permits or entry permits issued under this chapter are subject to all regulations adopted by the Board of Fisheries.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 43. Regulation of Entry into Alaska Commercial Fisheries › Article 9. General Provisions. › Sec. 16.43.955. Hearings in proximity to Board of Fisheries meetings.

When practicable, a commission hearing that deals with the subject of limiting entry to a fishery shall be held on the same dates on which, and in the same building or in a building adjacent to the building in which, a Board of Fisheries meeting is being held.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 43. Regulation of Entry into Alaska Commercial Fisheries › Article 9. General Provisions. › Sec. 16.43.980. Report and recommendations.

(a) The commission shall prepare an annual report and notify the legislature that it is available. The report must include but not be limited to the following:
(1) a progress report on the reduction of entry permits to optimum levels;
(2) recommendations for additional legislation relating to the regulation of entry of participants and vessels into Alaska commercial fisheries.
(b) [Repealed, § 37 ch 14 SLA 1987.]
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 43. Regulation of Entry into Alaska Commercial Fisheries › Article 9. General Provisions. › Sec. 16.43.990. Definitions.

In this chapter,
(1) “commission” means the Alaska Commercial Fisheries Entry Commission;
(2) “economically healthy fishery” means a fishery that yields a sufficient rate of economic return to the fishermen participating in it to provide for, among other things, the following:
(A) maintenance of vessels and gear in satisfactory and safe operating condition; and
(B) ability and opportunity to improve vessels, gear and fishing techniques, including, when permissible, experimentation with new vessels, new gear, and new techniques;
(3) “entity” means a corporation, company, partnership, firm, association, organization, joint venture, trust, society, or other legal entity other than a natural person;
(4) “fishery” means the commercial taking of a specific fishery resource in a specific administrative area with a specific type of gear; however, the commission may designate a fishery to include more than one specific administrative area, gear type, or fishery resource;
(5) “gear” means the specific apparatus used in the commercial harvest of a species, including but not limited to purse seines, drift gill nets, set gill nets, and troll gear;
(6) “optimum number” includes an optimum range of numbers;
(7) “person” means a natural person; “person” does not include a corporation, company, partnership, firm, association, organization, joint venture, trust, society, or other legal entity other than a natural person;
(8) “present ability to actively participate” means the person applying for a permit is physically able to harvest fish in the fishery and has reasonable access to commercial fishing gear of the type utilized in that fishery;
(9) “priority classification” means the allocation of potential permit applicants into reasonable groupings of similarly situated applicants and the priority ranking of those groupings according to the extent to which they satisfy the standards of preference;
(10) “type of gear” means a customary and identifiable classification of gear and shall include:
(A) those classifications for which separate regulations were adopted by the Board of Fisheries and for which separate gear licenses were required by former AS 16.05.550 - 16.05.630; and
(B) distinct subclassifications of gear such as “power” troll gear and “hand” troll gear;
(11) “unit of gear” means the maximum amount of a specific type of gear that can be fished by a person under regulations established by the Board of Fisheries defining the legal requirements for that type of gear.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 45. Pacific Marine Fisheries Compact › Sec. 16.45.030. Alaska representatives.

In furtherance of the compact provisions, there are three members of the commission from the State of Alaska, appointed by the governor and confirmed by the legislature in joint session. One commissioner must be the administrative or other officer of the Alaska Department of Fish and Game charged with the conservation of the state's marine fisheries resource; another commissioner must be a member of the legislature of this state who is a member of the committee on resources; and another member must be a citizen of this state who has a wide knowledge of and interest in the marine fisheries problem.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 45. Pacific Marine Fisheries Compact › Sec. 16.45.040. Terms of commissioners.

The term of a commissioner is four years. A commissioner holds office until a successor is appointed and qualified, but the successor's term expires four years from the legal date of expiration of the term of the successor's predecessor. A commissioner may be removed from office by the governor upon charges and after a hearing. The term of a commissioner who ceases to hold the qualifications required ends and a successor may be appointed. Vacancies occurring in the office of a commissioner from any reason or cause shall be filled for the unexpired term in the same manner as for a full term appointment.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 51. Alaska Seafood Marketing Institute › Sec. 16.51.010. Alaska Seafood Marketing Institute established.

There is established the Alaska Seafood Marketing Institute. The institute is a public corporation of the state. It is an instrumentality of the state in the Department of Commerce, Community, and Economic Development, but has a legal existence independent of and separate from the state. Exercise by the institute of the powers conferred by this chapter is an essential governmental function of the state.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 51. Alaska Seafood Marketing Institute › Sec. 16.51.020. Board of directors.

(a) The governing body of the institute is a board of directors. The board consists of seven voting members appointed by the governor. In making appointments to the board, the governor shall consider, but need not appoint, nominees presented by persons engaged in fish processing, the financing of fish processing, or commercial fishing.
(b) Five members of the board shall be seafood processors: four of the seafood processors must have an annual payroll in the state of more than $2,500,000; one of the seafood processors must have an annual payroll in the state of $50,000 - $2,500,000. Two members of the board must be engaged in commercial fishing.
(c) The board shall annually elect a chairman and other necessary officers from among its members.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 51. Alaska Seafood Marketing Institute › Sec. 16.51.030. Term of office.

The members of the board appointed by the governor under AS 16.51.020 serve three-year terms and may be reappointed. Terms shall be staggered. An appointee to fill a vacancy shall hold office for the balance of the term for which the appointee's predecessor on the board was appointed.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 51. Alaska Seafood Marketing Institute › Sec. 16.51.040. Removal and vacancies.

The members of the board appointed by the governor under AS 16.51.020 serve at the governor's pleasure. A vacancy on the board occurring other than by expiration of term shall be filled in the same manner as the original appointment but for the unexpired term only.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 51. Alaska Seafood Marketing Institute › Sec. 16.51.090. Powers of board.

In carrying out the powers of the institute, the board may
(1) adopt, alter, and use a corporate seal;
(2) prescribe, adopt, amend, and repeal bylaws;
(3) sue and be sued in the name of the institute;
(4) enter into any agreements necessary to the exercise of its powers and functions;
(5) cooperate with a public or private board, organization, or agency engaged in work or activities similar to the work or activities of the institute, including entering into contracts for joint programs of consumer education, sales promotion, quality control, advertising, and research in the production, processing, or distribution of seafood;
(6) conduct, or contract for, scientific research to develop and discover health, dietetic, or other uses of seafood harvested and processed in the state;
(7) receive contributions of money from persons;
(8) establish offices in the state and otherwise incur expenses incidental to the performance of its duties;
(9) appear on behalf of the institute before boards, commissions, departments, or other agencies of municipal, state, or federal government;
(10) acquire, hold, lease, sell, or otherwise dispose of property, but such property is limited to that which is necessary to the administrative functioning of the office of the institute;
(11) establish and maintain one or more bank accounts for the transaction of the institute's business;
(12) prepare market research and product development plans for the promotion of any species of seafood and their by-products that may be harvested in the state and processed for sale;
(13) establish committees related to the marketing of salmon and salmon products; the board shall, to the extent practicable, appoint equal numbers of seafood processors and persons engaged in commercial fishing to the committees.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 51. Alaska Seafood Marketing Institute › Sec. 16.51.100. Duties of board.

The board shall
(1) conduct programs of education, research, advertising, or sales promotion designed to accomplish the purposes of this chapter;
(2) promote all species of seafood and their by-products that are harvested in the state and processed for sale;
(3) develop market-oriented quality specifications for Alaska seafood to be used in developing a high quality image for Alaska seafood in domestic and world markets, and adopt and distribute recommendations regarding the handling of seafood from the moment of capture to final distribution;
(4) prepare market research and product development plans for the promotion of all species of seafood and their by-products that are harvested in the state and processed for sale;
(5) submit an annual report to the governor describing the activities of the institute and notify the legislature that the report is available;
(6) develop marketing programs based on the “inspection” and “premium quality” seals designed under AS 17.20.066 and use the seals in advertising and promotion efforts of the institute.
2023 Alaska Statutes › Title 16. Fish and Game › Chapter 51. Alaska Seafood Marketing Institute › Sec. 16.51.120. Seafood marketing assessment.

(a) A seafood marketing assessment shall be levied on the value of seafood products produced in Alaska as provided in (b), (c), (d), (e), (h), or (i) of this section if an election is held under AS 16.51.140 at which the assessment is approved by eligible processors who together produce at least 51 percent of the value of seafood products produced in Alaska in the calendar year.
(b) Each processor shall pay a seafood marketing assessment of .1 percent of the value of seafood products produced in Alaska by the processor.
(c) Each processor shall pay a seafood marketing assessment of .2 percent of the value of seafood products produced in Alaska by the processor.
(d) Each processor shall pay a seafood marketing assessment of .3 percent of the value of seafood products produced in Alaska by the processor.
(e) Each processor shall pay a seafood marketing assessment of .4 percent of the value of seafood products produced in Alaska by the processor.
(f) An election under (a) of this section shall be held if the proposed election for the levying of an assessment under (b), (c), (d), (e), (h), or (i) of this section is approved by a majority of the whole membership of the board at a regularly scheduled meeting.
(g) Notwithstanding (a) - (e), (h), and (i) of this section and AS 16.51.150(c), a processor is not subject to, or liable for payment of, an assessment under this section on the value of the seafood products produced in Alaska if the value of seafood products produced in Alaska by the processor is less than $50,000 in a calendar year. This subsection does not exempt a processor from liability for payment of taxes imposed under AS 43.75 or AS 43.77.
(h) Each processor shall pay a seafood marketing assessment of .5 percent of the value of seafood products produced in Alaska by the processor.
(i) Each processor shall pay a seafood marketing assessment of .6 percent of the value of seafood products produced in Alaska by the processor.