Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 41 - Collection, Transportation, Possession, Propagation, or Release of Aquatic Organisms; Aquatic Farming › Article 5 - Aquarium Stocking › 5 AAC 41.500 - Aquarium stocking

Current through May 31, 2024
(a) Aquarium stocking for commercial display,
				  as defined in 5 AAC 41.899, may occur, subject to the requirements of this
				  chapter, only if authorized under an aquarium stocking permit from the
				  commissioner, and unless the specimens are commercially harvested, only if the
				  commissioner determines that there is an educational component to the
				  commercial display.
(b) Aquarium
				  stocking permits may contain terms as the commissioner deems appropriate to
				  protect fishery resources and prevent impacts to other user groups.
(c) Aquarium stocking permits may not be
				  issued to any permit applicant for collection of more than four specimens of
				  any single species that the Alaska Commercial Fisheries Entry Commission has
				  established a maximum number of permits or that is subject to a regulatory or
				  statutory moratorium on entry unless the commissioner determines the purchase
				  of live specimens from a commercial fisherman is not practicable. Additional
				  specimens may be obtained if purchased from a commercial fisherman.
(d) Outside of established or experimental
				  commercial fisheries, the commissioner shall not permit harvest of significant
				  numbers of any species from any area for commercial aquarium
				  purposes.
(e) The commissioner
				  shall not permit harvest of any species for commercial display purposes outside
				  of an established or experimental commercial fishery if the commissioner
				  determines that the purchase of live specimens taken in a commercial fishery is
				  practicable, or would have been practicable if properly planned. In determining
				  whether purchase from a commercial fisherman is or would have been practicable,
				  the commissioner shall consider the number of specimens needed, the distance to
				  areas where the species can be commercially harvested, and the expected
				  lifespan of specimens held in captivity.
(f) The commissioner shall not permit harvest
				  of any species for aquarium stocking purposes if the commissioner determines
				  that the cumulative effects of allowing the harvest could negatively impact
				  sport, personal use, subsistence, or commercial fisheries.
(g) The commissioner shall not permit harvest
				  of any species for aquarium stocking purposes if the area where the harvest is
				  proposed is closed to sport, personal use, and subsistence harvest.
(h) The commissioner shall not issue permits
				  authorizing harvest for aquarium stocking that are effective for more than one
				  year. The commissioner may modify or revoke permits authorizing harvest for
				  aquarium stocking by emergency order if the commissioner determines that the
				  terms of the permit have been violated or that the permit may be detrimental to
				  the resource or other users.
(i)
				  Specimens held in an aquarium may not be released to the natural waters of the
				  state unless specifically authorized by the commissioner under the terms of a
				  scientific or educational permit.
(j) Nothing in this section is intended to
				  preclude the commissioner from adopting more restrictive regulations or from
				  further restricting take for aquarium stocking by emergency order.
(k) A facility engaged in aquarium stocking
				  or in commercial display of fish native to this state shall, upon request,
				  permit inspection of the aquarium by a local representative of the department
				  or a peace officer of the state, and shall upon request provide copies of
				  records documenting the sources of specimens on display.
(l) Nothing in this section is intended to
				  preclude the display of fish taken under a scientific or educational permit for
				  purposes other than display if the display is also allowed under the terms of
				  the permit.
Authority:
AS
						16.05.020
AS
						16.05.060
AS
						16.05.251
AS
						16.05.270
AS
						16.05.340