Sec. 16.05.010. Commissioner of fish and game.

The commissioner is the principal executive officer of the Department of Fish and Game. The commissioner shall be a qualified executive with knowledge of the requirements for the protection, management, conservation, and restoration of the fish and game resources of the state.

History. (§ 4 art I ch 94 SLA 1959; am § 2 ch 14 SLA 1996)

Sec. 16.05.020. Functions of commissioner.

The commissioner shall

1. supervise and control the department, and may appoint and employ division heads, enforcement agents, and the technical, clerical, and other assistants necessary for the general administration of the department;
2. manage, protect, maintain, improve, and extend the fish, game and aquatic plant resources of the state in the interest of the economy and general well-being of the state;
3. have necessary power to accomplish the foregoing including, but not limited to, the power to delegate authority to subordinate officers and employees of the department.

History. (§ 4 art I ch 94 SLA 1959; am § 1 ch 110 SLA 1970)

Administrative Code. —

For registration areas, see 5 AAC 32, art. 1.

For registration areas, see 5 AAC 34, art. 1.

For applicability of regulations, see 5 AAC 40, art. 3.

For permit application procedures, see 5 AAC 40, art. 4.

For regional comprehensive planning, see 5 AAC 40, art. 5.

For aquatic farming, see 5 AAC 41, art. 4.

For aquarium stocking, see 5 AAC 41, art. 5.

For methods and means, see 5 AAC 92, art. 4.

For intensive management, see 5 AAC 92, art. 5.

For use of game, see 5 AAC 92, art. 7.

For educational fishery program, see 5 AAC 93, art. 2.

For salmon use, see 5 AAC 93, art. 3.

For salmon fishery associations, see 5 AAC 93, art. 4.

For prohibited activities, see 5 AAC 95, art. 3.

For special areas, see 5 AAC 95, art. 4.

For state game refuges, see 5 AAC 95, art. 5.

For state critical habitat areas, see 5 AAC 95, art. 6.

For permit procedures, see 5 AAC 95, art. 7.

Opinions of attorney general. —

The commissioner of fish and game had the power to adopt procedural rules to implement former AS 16.05.870 and to establish by regulation the standards under which permits were to be issued under former AS 16.05.870 . March 4, 1982 Op. Att’y Gen. [AS 16.05.870 was repealed by E.O. 107 (2003).]

Under existing statutory and regulatory provisions the progeny of birds held in captivity under a collecting permit from the Department of Fish and Game do not automatically become the property of the permittee; they remain subject to the same ownership interest the state retains in the adults, unless the permit and applicable regulations specify otherwise. Oct. 20, 1987 Op. Att’y Gen.

It is well within the authority of the Board of Game under AS 16.05.255(a) and the Department of Fish and Game under this section to determine by regulation the point at which certain animals are deemed feral and subject to whatever game regulations the board may wish to adopt. A board or departmental regulation defining “feral animal” would be applicable statewide regardless of land ownership. July 30, 1987 Op. Att’y Gen.

In light of the commissioner’s statutory charge to “manage, protect, maintain, improve, and extend the fish . . . resources of the state,” emergency orders can be issued to protect sustained yield, based on conservation concerns. Aug. 1, 1990 Op. Att’y Gen.

Sec. 16.05.030. Status of commissioner. [Repealed, § 40 ch 206 SLA 1975.]

Sec. 16.05.040. Compensation of commissioner.

The commissioner is entitled to the compensation fixed by law and, subject to appropriate state travel regulations, is entitled to reimbursement for actual and necessary traveling and other expenses incurred in the discharge of official duties.

History. (§ 5 art I ch 94 SLA 1959)

Sec. 16.05.050. Powers and duties of commissioner.

1. The commissioner has, but not by way of limitation, the following powers and duties:
   1. through the appropriate state agency and under the provisions of AS 36.30 (State Procurement Code), to acquire by gift, purchase, or lease, or other lawful means, land, buildings, water, rights-of-way, or other necessary or proper real or personal property when the acquisition is in the interest of furthering an objective or purpose of the department and the state;
   2. under the provisions of AS 36.30, to design and construct hatcheries, pipelines, rearing ponds, fishways, and other projects beneficial for the fish and game resources of the state;
   3. to accept money from any person under conditions requiring the use of the money for specific purposes in the furtherance of the protection, rehabilitation, propagation, preservation, or investigation of the fish and game resources of the state or in settlement of claims for damages to fish or game resources;
   4. to collect, classify, and disseminate statistics, data and information that, in the commissioner’s discretion, will tend to promote the purposes of this title except AS 16.51 and AS 16.52;
   5. to take, capture, propagate, transport, buy, sell, or exchange fish or game or eggs for propagating, scientific, public safety, or stocking purposes;
   6. under the provisions of AS 36.30, to provide public facilities where necessary or proper to facilitate the taking of fish or game, and to enter into cooperative agreements with any person to effect them;
   7. to exercise administrative, budgeting, and fiscal powers;
   8. under the provisions of AS 36.30, to construct, operate, supervise, and maintain vessels used by the department;
   9. to authorize the holder of an interim-use permit under AS 16.43 to engage on an experimental basis in commercial taking of a fishery resource with vessel, gear, and techniques not presently qualifying for licensing under this chapter in conformity with standards established by the Alaska Commercial Fisheries Entry Commission;
   10. not later than January 31 of each year, to provide to the commissioner of revenue the names of those fish and shellfish species that the commissioner of fish and game designates as developing commercial fish species for that calendar year; a fish or shellfish species is a developing commercial fish species if, within a specified geographical region,
       1. the optimum yield from the harvest of the species has not been reached;
       2. a substantial portion of the allowable harvest of the species has been allocated to fishing vessels of a foreign nation; or
       3. a commercial harvest of the fish species has recently developed;
   11. to initiate or conduct research necessary or advisable to carry out the purposes of this title except AS 16.51 and AS 16.52;
   12. to enter into cooperative agreements with agencies of the federal government, educational institutions, or other agencies or organizations, when in the public interest, to carry out the purposes of this title except AS 16.51 and AS 16.52;
   13. to implement an on-board observer program authorized by the Board of Fisheries under AS 16.05.251(a)(13) ; implementation
       1. must be as unintrusive to vessel operations as practicable; and
       2. must make scheduling and scope of observers’ activities as predictable as practicable;
   14. to sell fish caught during commercial fisheries test fishing operations;
   15. to establish and charge fees equal to the cost of services provided by the department, including provision of public shooting ranges, broodstock and eggs for private nonprofit hatcheries, department publications, and other direct services, and reasonable fees for the use of state facilities managed by the department; fees established under this paragraph for tours of hatchery facilities, commercial use of sport fishing access sites, and for operation of state hatchery facilities by private aquaculture associations are not subject to the cost limit under AS 37.10.050(a) ;
   16. to permit and regulate aquatic farming in the state in a manner that ensures the protection of the state’s fish and game resources and improves the economy, health, and well-being of the citizens of the state;
   17. to operate state housing and facilities for employees, contractors, and others in support of the department’s responsibilities and to charge rent that is consistent with applicable collective bargaining agreements, or, if no collective bargaining agreement is applicable, competitive with market conditions; rent received from tenants shall be deposited in the general fund;
   18. to petition the Alaska Commercial Fisheries Entry Commission, unless the Board of Fisheries disapproves the petition under AS 16.05.251(g) , to establish a moratorium on new entrants into commercial fisheries
       1. that have experienced recent increases in fishing effort that are beyond a low, sporadic level of effort;
       2. that have 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;
   19. to promote fishing, hunting, and trapping and preserve the heritage of fishing, hunting, and trapping in the state.
2. The commissioner shall annually submit a report to the
   1. Board of Game regarding the department’s implementation during the preceding three years of intensive management programs that have been established by the board under AS 16.05.255 for identified big game prey populations;
   2. legislature regarding the Board of Game’s allocation of big game hunting opportunities in the preceding calendar year; the commissioner shall file the report with the senate secretary and the chief clerk of the house of representatives on or before February 1 and notify the legislature that the report is available; the report must include
      1. a summary description of the big game hunting opportunities provided to residents and nonresidents;
      2. a detailed description of how big game hunting opportunities for each big game species were allocated
         1. to residents, guided nonresidents, nonprofit organizations for auction under AS 16.05.343(a) and (c), and, if applicable, nonguided nonresidents;
         2. by hunt type;
         3. within each game management unit; and
      3. other information and data relevant to allocation of big game hunting opportunities in the state by the Board of Game.

History. (§§ 6, 11 art I ch 64 SLA 1959; am § 1 ch 42 SLA 1963; am § 2 ch 227 SLA 1970; am § 2 ch 79 SLA 1973; am § 12 ch 79 SLA 1979; am § 1 ch 82 SLA 1982; am § 2 ch 132 SLA 1984; am § 2 ch 76 SLA 1986; am § 7 ch 106 SLA 1986; am § 29 ch 138 SLA 1986; am § 6 ch 145 SLA 1988; am §§ 19, 20 ch 36 SLA 1990; am § 1 ch 211 SLA 1990; am § 2 ch 34 SLA 1991; am § 38 ch 30 SLA 1992; am § 1 ch 54 SLA 1996; am § 2 ch 76 SLA 1998; am § 2 ch 87 SLA 2005; am § 1 ch 18 SLA 2016)

Cross references. —

For legislative findings relating to the 1998 enactment of subsection (b), see § 1, ch. 76, SLA 1998 in the 1998 Temporary and Special Acts.

For statement of legislative intent applicable to the 2005 addition of paragraph (a)(19), see § 1, ch. 87, SLA 2005, in the 2005 Temporary and Special Acts. For House letter of intent concerning the deletion of former paragraph (1) in ch. 87, SLA 2005, see 2005 House Journal 1814.

Administrative Code. —

For Alaska Peninsula-Aleutian Islands Area (Registration Area M), see 5 AAC 27, art. 10.

For special harvest areas, see 5 AAC 40, art. 2.

For scope of regulations, see 5 AAC 41, art. 1.

For aquatic farming, see 5 AAC 41, art. 4.

For Anchorage Bowl Drainages Area, see 5 AAC 59.

For Knik Arm Drainages Area, see 5 AAC 60.

For methods and means, see 5 AAC 92, art. 4.

For intensive management, see 5 AAC 92, art. 5.

For use of game, see 5 AAC 92, art. 7.

For salmon fishery associations, see 5 AAC 93, art. 4.

For prohibited activities, see 5 AAC 95, art. 3.

For special areas, see 5 AAC 95, art. 4.

For state game refuges, see 5 AAC 95, art. 5.

For state critical habitat areas, see 5 AAC 95, art. 6.

For permit procedures, see 5 AAC 95, art. 7.

Opinions of attorney general. —

Paragraph (5) and former AS 16.05.331(b) (now see AS 16.40.050 ) imply authority for the Department of Fish and Game to interpret the term “elk” and to limit it to specific species, subspecies, or other classifications of animals that would commonly be thought of in the United States as “elk.” Jan. 18, 1988 Op. Att’y Gen.

Since test fishing is not commerical fishing, fishermen who are injured while they are test fishing are not entitled to the benefits of the Fishermen’s Fund. Feb. 17, 1999 Op. Att’y Gen.

The commissioner of fish and game has the power to adopt procedural rules to implement AS 16.05.870 and to establish by regulation the standards under which permits will be issued under AS 16.05.870 . March 4, 1982 Op. Att’y Gen. [AS 16.05.870 was repealed by E.O. 107 (2003).]

Sec. 16.05.052. Nuisance moose.

The department shall avoid destruction of nuisance moose if a practicable alternative exists for the relocation of the moose to suitable habitat where the moose will not be a nuisance. The commissioner may authorize one or more private individuals or groups to relocate nuisance moose to suitable habitat designated by the department if, upon review and evaluation of a written application and proposal, the commissioner finds that the individual or group is qualified to relocate nuisance moose without undue danger to the public, themselves, or the moose. Before relocating nuisance moose, an authorized individual or group shall provide financial assurances acceptable to the commissioner that will cover the state’s reasonable anticipated costs of the relocation and indemnify the state for liability for damages to private persons and property arising from the actions of the individual or group in relocating nuisance moose under this section. The authorized individual or group shall reimburse the state for its costs that arise from relocating nuisance moose. A civil action to recover damages or costs that arise from relocating nuisance moose may not be brought against the state or a political subdivision, officer, or employee of the state. If darts containing narcotics are used to tranquilize moose, all of the darts shall be recovered and properly disposed. In this section, “nuisance moose” means moose designated by the department in an area of concentrated human population that pose a significant risk to the health, safety, or economic well-being of persons in the area.

History. (§ 1 ch 72 SLA 2004)

Sec. 16.05.053. Accounting and disposition of receipts. [Repealed, § 92 ch 36 SLA 1990. For current law, see AS 37.05.142 — 37.05.144.]

Sec. 16.05.055. On-board observer program.

1. The commissioner may enter into appropriate contracts and agreements with agencies, such as the National Marine Fisheries Service, the North Pacific Fishery Management Council, and the International Pacific Halibut Commission, designed to ensure that on-board observer programs conducted in the fisheries of the state are coordinated and consistent with each other for vessels operating in state and federal water.
2. The master of a vessel, as a condition of participating in a fishery for which an on-board observer program is authorized by the Board of Fisheries under AS 16.05.251 , shall consent in writing to the placement of an observer aboard the vessel.

History. (§ 3 ch 76 SLA 1986)

Sec. 16.05.060. Emergency orders.

1. This chapter does not limit the power of the commissioner or an authorized designee, when circumstances require, to summarily open or close seasons or areas or to change weekly closed periods on fish or game by means of emergency orders.
2. The commissioner or an authorized designee may, under criteria adopted by the Board of Fisheries, summarily increase or decrease sport fish bag limits or modify methods of harvest for sport fish by means of emergency orders.
3. An emergency order has the force and effect of law after field announcement by the commissioner or an authorized designee. An emergency order adopted under this section is not subject to AS 44.62 (Administrative Procedure Act).

History. (§ 12 art I ch 94 SLA 1959; am § 1 ch 4 SLA 1963; am § 1 ch 78 SLA 1989)

Revisor’s notes. —

Section 1, ch. 78, SLA 1989 added a new subsection (b) to this section. The new subsection contained the sentence set out above as (b) and two other sentences which duplicated the second and third sentences of the section as it existed before the amendment. When incorporating the 1989 amendment into this section, the first sentence of the existing text was designated as (a), and the second and third sentences were designated as (c). The second and third sentences of § 1, ch. 78, SLA 1989 were not codified.

Administrative Code. —

For statewide provisions, see 5 AAC 1, art. 1.

For Norton Sound-Port Clarence Area, see 5 AAC 1, art. 3.

For Yukon-Northern Area, see 5 AAC 1, art. 4.

For Kuskokwim Area, see 5 AAC 1, art. 5.

For Bristol Bay Area, see 5 AAC 1, art. 6.

For Cook Inlet Area, see 5 AAC 1, art. 11.

For Prince William Sound Area, see 5 AAC 1, art. 12.

For Yakutat Area, see 5 AAC 1, art. 13.

For Southeastern Alaska Area, see 5 AAC 1, art. 14.

For statewide provisions, see 5 AAC 2, art. 1.

For salmon fishery, see 5 AAC 3, art. 3.

For sheefish fishery, see 5 AAC 3, art. 6.

For salmon fishery, see 5 AAC 4, art. 3.

For salmon fishery, see 5 AAC 5, art. 3.

For salmon fishery, see 5 AAC 6, art. 3.

For salmon fishery, see 5 AAC 7, art. 3.

For salmon fishery, see 5 AAC 9, art. 3.

For salmon fishery, see 5 AAC 12, art. 3.

For salmon fishery, see 5 AAC 15, art. 3.

For salmon fishery, see 5 AAC 18, art. 3.

For salmon fishery, see 5 AAC 21, art. 3.

For salmon fishery, see 5 AAC 24, art. 3.

For Southeastern Alaska Area (Registration Area A), see 5 AAC 27, art. 4.

For Prince William Sound Area (Registration Area E), see 5 AAC 27, art. 6.

For Cook Inlet Area (Registration Area H), see 5 AAC 27, art. 7.

For Kodiak Area (Registration Area K), see 5 AAC 27, art. 8.

For Chignik Area (Registration Area L), see 5 AAC 27, art. 9.

For Alaska Peninsula-Aleutian Islands Area (Registration Area M), see 5 AAC 27, art. 10.

For Bristol Bay Area (Registration Area T), see 5 AAC 27, art. 12.

For Kuskokwim Area (Registration Area W), see 5 AAC 27, art. 13.

For Bering Sea-Kotzebue Area (Registration Area Q), see 5 AAC 27, art. 14.

For Eastern Gulf of Alaska Area (Registration Area A), see 5 AAC 28, art. 4.

For Prince William Sound Area (Registration Area E), see 5 AAC 28, art. 5.

For Cook Inlet Area (Registration Area H), see 5 AAC 28, art. 6.

For Kodiak Area (Registration Area K), see 5 AAC 28, art. 7.

For Chignik Area (Registration Area L), see 5 AAC 28, art. 8.

For South Alaska Peninsula Area (Registration Area M), see 5 AAC 28, art. 9.

For Bering Sea — Aleutian Islands Area (Registration Area O), see 5 AAC 28, art. 10.

For fishing seasons and periods, see 5 AAC 29, art. 4.

For fishery management plans, see 5 AAC 29, art. 5.

For salmon fishery, see 5 AAC 30, art. 3.

For registration areas, see 5 AAC 31, art. 1.

For Registration Area A (Southeastern Alaska), see 5 AAC 31, art. 5.

For Registration Area J (Westward), see 5 AAC 31, art. 10.

For registration areas, see 5 AAC 32, art. 1.

For salmon fishery, see 5 AAC 33, art. 3.

For registration areas, see 5 AAC 34, art. 1.

For Registration Area A (Southeastern), see 5 AAC 34, art. 5.

For Registration Area D (Yakutat), see 5 AAC 34, art. 6.

For Registration Area K (Kodiak), see 5 AAC 34, art. 9.

For Registration Area M (Alaska Peninsula), see 5 AAC 34, art. 10.

For Registration Area O (Aleutian Islands Area), see 5 AAC 34, art. 11.

For Registration Area T (Bristol Bay), see 5 AAC 34, art. 13.

For Registration Area Q (Bering Sea), see 5 AAC 34, art. 14.

For registration areas, see 5 AAC 35, art. 1.

For Registration Area A (Southeastern), see 5 AAC 35, art. 5.

For Registration Area H (Cook Inlet), see 5 AAC 35, art. 8.

For Registration Area J (Westward), see 5 AAC 35, art. 10.

For seasons, see 5 AAC 37, art. 2.

For registration areas, see 5 AAC 38, art. 1.

For Registration Area A (Southeastern Alaska), see 5 AAC 38, art. 5.

For Registration Area D (Yakutat), see 5 AAC 38, art. 6.

For Registration Area E (Prince William Sound), see 5 AAC 38, art. 7.

For Registration Area H (Cook Inlet), see 5 AAC 38, art. 8.

For special harvest areas, see 5 AAC 40, art. 2.

For permit system established, see 5 AAC 41, art. 2.

For aquarium stocking, see 5 AAC 41, art. 5.

For Southeast Alaska Area, see 5 AAC 47.

For Upper Copper River and Upper Susitna River Area, see 5 AAC 52.

For Prince William Sound Area, see 5 AAC 55.

For Kenai Peninsula Area, see 5 AAC 56.

For Kenai River Drainage Area, see 5 AAC 57.

For Cook Inlet — Resurrection Bay Saltwater Area, see 5 AAC 58.

For Anchorage Bowl Drainages Area, see 5 AAC 59.

For Knik Arm Drainages Area, see 5 AAC 60.

For Susitna River Drainage Area, see 5 AAC 61.

For West Cook Inlet Area, see 5 AAC 62.

For Alaska Peninsula and Aleutian Islands Area, see 5 AAC 65.

For Bristol Bay Area, see 5 AAC 67.

For Arctic-Yukon-Kuskokwim Region, see 5 AAC 70.

For Bristol Bay Area, see 5 AAC 77, art. 6.

For Cook Inlet Area, see 5 AAC 77, art. 11.

For Prince William Sound Area, see 5 AAC 77, art. 12.

For Southeastern Alaska Area, see 5 AAC 77, art. 14.

For trapping seasons and bag limits, see 5 AAC 84, art. 7.

For seasons and bag limits, see 5 AAC 85, art. 2.

For permits, see 5 AAC 92, art. 3.

Opinions of attorney general. —

There is no reason why the Department of Fish and Game could not issue different categories of emergency orders under this section in cases of, for example, true biological emergency, and possible “field” orders for other situations, although it would be advisable to adopt a regulation describing how the department intends to apply this section. Also, it probably would be advisable for clarity’s sake to include the statutory cite in the title of the order — “AS 16.05.060 emergency order” and “AS 16.05.060 field order.” July 27, 1989 Op. Att’y Gen.

Sec. 16.05.065. Application extension.

1. The commissioner shall extend the time and dates during which application may be made for fish or game registration if the commissioner finds that
   1. the conservation and management of the fish or game resource will not be affected adversely; and
   2. the failure to timely apply is the result of excusable neglect.
2. The fee for an extension granted under this section is $45.
3. As used in this section, “excusable neglect” does not include unfamiliarity with or ignorance of applicable laws and regulations.  In order to show excusable neglect, a person must have demonstrated, before the registration deadline, an intent to harvest fish or game.

History. (§ 2 ch 196 SLA 1970; am § 1 ch 105 SLA 1977)

Sec. 16.05.070. Regulations as evidence.

Regulations of a board and of the commissioner, including emergency openings and closures, are admissible as evidence in the courts of the state in accordance with AS 44.62 (Administrative Procedure Act).

History. (§ 13 art I ch 94 SLA 1959; am § 1 ch 206 SLA 1975)

Sec. 16.05.080. Limitation of power.

Nothing in this chapter authorizes the department or a board to change the amount of fees or licenses.

History. (§ 14 art I ch 94 SLA 1959; am § 2 ch 206 SLA 1975)

Sec. 16.05.090. Organization of the department.

1. The commissioner may, with the approval of the governor, establish a departmental division of commercial fisheries, a departmental division of sport fisheries, a departmental division of game, and other departmental divisions as are necessary.
2. [Repealed, § 3 E.O. No. 86 (1993).]
3. There is established in the department a section of subsistence hunting and fishing.

History. (§ 15 art I ch 94 SLA 1959; am § 1 ch 113 SLA 1971; am § 2 ch 151 SLA 1978; am E.O. No. 86 § 3 (1993))

Editor’s notes. —

In a memorandum signed April 14, 1981, the governor approved the commissioner’s conferral of full division status on the section of subsistence hunting and fishing.

Sec. 16.05.092. Fisheries rehabilitation, enhancement, and development.

The department shall

1. develop and continually maintain a comprehensive, coordinated state plan for the orderly present and long-range rehabilitation, enhancement, and development of all aspects of the state’s fisheries for the perpetual use, benefit, and enjoyment of all citizens and revise and update this plan annually;
2. encourage the investment by private enterprise in the technological development and economic utilization of the fisheries resources;
3. through rehabilitation, enhancement, and development programs do all things necessary to ensure perpetual and increasing production and use of the food resources of state waters and continental shelf areas;
4. prepare a comprehensive annual report, containing detailed information regarding its accomplishments under this section and proposals of plans and activities for the next fiscal year, and notify the legislature not later than 20 days after the convening of each regular session that the report is available.

History. (§ 2 ch 113 SLA 1971; am E.O. No. 86 § 2 (1993); am § 17 ch 21 SLA 1995)

Administrative Code. —

For applicability of regulations, see 5 AAC 40, art. 3.

For permit application procedures, see 5 AAC 40, art. 4.

For regional comprehensive planning, see 5 AAC 40, art. 5.

For aquatic farming, see 5 AAC 41, art. 4.

Sec. 16.05.094. Duties of section of subsistence hunting and fishing.

The section of subsistence hunting and fishing shall

1. compile existing data and conduct studies to gather information, including data from subsistence users, on all aspects of the role of subsistence hunting and fishing in the lives of the residents of the state;
2. quantify the amount, nutritional value, and extent of dependence on food acquired through subsistence hunting and fishing;
3. make information gathered available to the public, appropriate agencies, and other organized bodies;
4. assist the department, the Board of Fisheries, and the Board of Game in determining what uses of fish and game, as well as which users and what methods, should be termed subsistence uses, users, and methods;
5. evaluate the impact of state and federal laws and regulations on subsistence hunting and fishing and, when corrective action is indicated, make recommendations to the department;
6. make recommendations to the Board of Game and the Board of Fisheries regarding adoption, amendment, and repeal of regulations affecting subsistence hunting and fishing;
7. participate with other divisions in the preparation of statewide and regional management plans so that those plans recognize and incorporate the needs of subsistence users of fish and game.

History. (§ 3 ch 151 SLA 1978)

Revisor’s notes. —

In 1987, “recognize” was substituted for “reorganize” in subsection (7), to correct a manifest error in the original enactment.

Cross references. —

For legislative intent, see § 1, ch. 151, SLA 1978, in the Temporary and Special Acts.

Editor’s notes. —

In a memorandum signed April 14, 1981, the governor approved the commissioner’s conferral of full division status on the section of subsistence hunting and fishing.

Legislative history reports. —

For letter of intent of the House Special Committee on Subsistence in connection with ch. 151, SLA 1978 (HB 960), see 1978 House Journal, p. 1154.

Sec. 16.05.100. Fish and game fund established.

There is created a revolving fish and game fund, which shall be used exclusively for the following:

1. to carry out the purposes and provisions of this title, except AS 16.51 and AS 16.52, or other duties that may be delegated by the legislature to the commissioner or the department;
2. [Repealed, § 34 ch 18 SLA 2016.]
3. to carry out the purposes and objectives within the scope of this title except AS 16.51 and AS 16.52 as may be directed by the donor of any such funds.

History. (§ 17 art I ch 94 SLA 1959; am § 3 ch 132 SLA 1984; am § 1 ch 94 SLA 2005)

Opinions of attorney general. —

The dedication under this section was created subsequent to the date of the ratification of the Alaska Constitution, art. IX, § 7; hence, there was no protection for the fund under the grandfather clause. However, the fund was protected by the fact that federal law requires dedication of fishing and hunting license proceeds. 1959 Alas. Op. Att'y Gen. No. 14.

The dedication of proceeds of fishing and hunting licenses to the operation of the Department of Fish and Game is required by federal law for participation in federal programs and is therefore authorized by art. IX, § 7, of the state constitution. November 30, 1982 Op. Att’y Gen.

Sec. 16.05.110. Composition of fund.

1. The fish and game fund shall be made up of the following money and other money the legislature appropriates, which shall be deposited and retained in the fund until expended:
   1. money received from the sale of state sport fishing, hunting, and trapping licenses, tags, and special permits, waterfowl conservation tags purchased by hunters, and anadromous salmon tags purchased by fishermen;
   2. proceeds received from the sale of furs, skins, and specimens taken by predator hunters and other employees;
   3. money received in settlement of a claim or loss caused by damage to the fish and game resources of the state;
   4. money received from federal, state, or other governmental unit, or from a private donor for fish and game purposes;
   5. interest earned upon money in the fund;
   6. money from any other source.
2. Except for money received as fisheries fines or forfeitures in settlement of a claim or loss caused by damage to the fish resources of the state that is appropriated to or through the division of commercial fisheries management and development, appropriations of money from the fish and game fund and of money received by the state under the federal aid acts described under AS 16.05.140 shall be made to the division of wildlife conservation or the division of sport fish. The division of wildlife conservation or the division of sport fish may use money appropriated under this subsection to acquire administrative and other services from other agencies if the division acquires the services through reimbursable services agreements. The division of wildlife conservation and the division of sport fish shall include as part of their budgets prepared under AS 37.07.050
   1. a listing of the reimbursable services agreements that are to be funded with money appropriated under this subsection;
   2. a description of the services to be provided under those agreements; and
   3. a listing of the entities that are parties to those agreements.

History. (§ 17 art I ch 94 SLA 1959; am § 1 ch 41 SLA 1979; am § 1 ch 71 SLA 1984; am § 14 ch 30 SLA 1996; am § 3 ch 76 SLA 1998)

Cross references. —

For legislative findings relating to the 1998 enactment of subsection (b), see § 1, ch. 76, SLA 1998 in the 1998 Temporary and Special Acts.

Opinions of attorney general. —

For discussion of constitutionality under art. IX, § 7, of the state constitution of dedication of interest income to the Fish and Game Fund, see November 30, 1982 Op. Att’y Gen.

Sec. 16.05.120. Disbursement of funds.

Upon authorization of the commissioner, disbursements from the fish and game fund shall be paid by the proper state officer on presentation of vouchers signed by the commissioner or an authorized representative, and approved by the proper state officer.

History. (§ 17 art I ch 94 SLA 1959)

Sec. 16.05.130. Diversion of funds prohibited; separate accounts.

1. Except as provided in (c) of this section, money accruing to the state from sport fishing, hunting, and trapping licenses, tags, or permit fees may not be diverted to a purpose other than the protection, propagation, investigation, and restoration of sport fish and game resources and the expenses of administering the sport fish and game divisions of the department.
2. Money accruing to the state from waterfowl conservation tag fees from hunters may not be diverted to a purpose other than (1) the conservation and enhancement of waterfowl; (2) the acquisition, by lease or otherwise, of wetlands that are important for waterfowl and public use of waterfowl in the state; (3) waterfowl related projects approved by the commissioner; (4) the administration of the waterfowl conservation program; and (5) emergencies in the state as determined by the governor. The department shall maintain a state waterfowl tag fee account within the fish and game fund to permit separate accounting records for the receipt and expenditure of money derived from the sale of waterfowl tags. The department shall prepare a report before April 15 of each even-numbered year for the public and the legislature on the use of money derived from waterfowl conservation tags and limited edition prints. The department shall notify the legislature that the report is available.
3. Money accruing to the state from the sale of resident trapping licenses may only be used for furbearer management.  The department shall maintain a furbearer management account within the fish and game fund under AS 16.05.100 for separate accounting of receipt and expenditure of money from the sale of resident trapping licenses.  Furbearer management shall be designed to enhance the furbearer population, increase the productivity of furbearer habitats, initiate useful furbearer research, and educate trappers consistent with the goal to provide for an optimum population of furbearers.
4. Revenue from the sale of general hunting, trapping, and fishing licenses and tags together with the federal matching funds from Pittman — Robertson, Dingell — Johnson/Wallop — Breaux programs shall be allocated by the department to programs intended to directly benefit license purchasers of general hunting, trapping, and fishing licenses. The department shall prepare an annual report by project of expenditures from the fish and game fund and notify the legislature that the report is available.
5. [Repealed, § 34 ch 18 SLA 2016.]
6. [Repealed, § 34 ch 18 SLA 2016.]
7. Money accruing to the state from the intensive management surcharge imposed under AS 16.05.340(k) shall be deposited in a separate account known as the sustainable wildlife account in the fish and game fund. Money in the sustainable wildlife account shall be allocated to intensive management programs intended to sustain and enhance big game prey populations under AS 16.05.255(e) .

History. (§ 18 art I ch 94 SLA 1959; am § 2 ch 41 SLA 1979; am § 2 ch 71 SLA 1984; am §§ 1, 2 ch 96 SLA 1984; am § 2 ch 211 SLA 1990; am § 6 ch 126 SLA 1994; am §§ 18, 19 ch 21 SLA 1995; am § 15 ch 30 SLA 1996; am § 2 ch 94 SLA 2005; am § 2 ch 18 SLA 2016)

Revisor's notes. —

Subsection (c) was enacted as (b). Relettered in 1984.

Section 33, ch. 18, SLA 2016, would have repealed subsection (g), effective December 31, 2022; however, section 33 was subsequently repealed by sec. 1, ch. 26, SLA 2021, effective November 23, 2021, which had the effect of continuing subsection (g).

Effect of amendments. —

The 2016 amendment, effective January 1, 2017, added (g).

Opinions of attorney general. —

The primary, if not the sole, purpose of this section is to make possible the procurement of federal matching money. A provision for nondiversion of funds is a condition precedent to obtaining federal assistance under 16 U.S.C. §§ 669, 777. 1959 Alas. Op. Att'y Gen. No. 10.

A temporary use of money in the fish and game fund under particular circumstances, wherein repayment is to be made pursuant to a contract with the federal government, is not a diversion within the meaning of this section. 1959 Alas. Op. Att'y Gen. No. 10.

Sec. 16.05.140. Assent to provisions of federal aid acts.

The state assents to the Federal Aid to Wildlife Restoration Act of September 2, 1937 (16 U.S.C. 669-669j), to the Federal Aid in Fish Restoration Act of August 9, 1950 (16 U.S.C. 777-777k), to any amendment, revision, or modification of either Act, and to any other federal aid act that may be enacted to benefit the state. It is desired that the department participate in the federal aid programs on the same basis as other states.

History. (§ 20 art I ch 94 SLA 1959)

Editor’s notes —

16 U.S.C. 669j has been repealed.

For license officers, see 15 AAC 116, art. 1.

Sec. 16.05.150. Enforcement authority.

The following persons are peace officers of the state and they shall enforce this title except AS 16.51 and AS 16.52:

1. an employee of the department authorized by the commissioner;
2. a police officer in the state;
3. any other person authorized by the commissioner.

History. (§ 21 art I ch 94 SLA 1959; am § 4 ch 132 SLA 1984)

Opinions of attorney general. —

Where the military does not assign sufficient personnel to enforce fish and game laws on military reservations, state game officials as well might enforce them, possibly by deputizing state game officials as federal marshals, since 10 U.S.C. 2671(c) makes violation of state fish and game laws a federal offense. 1964 Alas. Op. Att'y Gen. No. 2.

Since state fish and game laws operate on a federal military reservation, not only as federal law but also as state law, both the federal and state officers may enforce these laws. 1964 Alas. Op. Att'y Gen. No. 2.

State officers should have full access to military reservations in Alaska, subject to safety and military security requirements, to enforce laws and manage and harvest fish and game resources. 1964 Alas. Op. Att'y Gen. No. 2.

There is no provision in the Alaska Statutes or the Alaska Constitution which would operate to deprive the commissioner of fish and game of his authority to deputize peace officers under this section. However there is nothing to prevent the governor, as a matter of state policy, from subjecting Department of Fish and Game personnel to the qualifications and standards adopted by the Alaska Police Standards Council under AS 18.65.130 — 18.65.290 or from otherwise limiting the commissioner’s deputization power. March 29, 1977 Op. Att’y Gen.

Employees of the department and other persons authorized by the commissioner of fish and game to act as peace officers under this section do not thereby acquire general peace officer authority to enforce all other state criminal laws, except where in enforcing this chapter and regulations promulgated thereunder, circumstances necessitate the exercise of additional law enforcement authority and then only to the extent necessary to enforce that chapter and regulations promulgated thereunder. September 18, 1977 Op. Att’y Gen.

The Department of Public Safety, division of fish and wildlife protection, has enforcement authority over all criminal matters of the state, civil matters arising under this title, and guide regulation violations. June 19, 1984 Op. Att’y Gen.

A Department of Fish and Game employee who is designated by the Commissioner of Fish and Game as a “peace officer” under AS 16.05.150 is not also a “peace officer” under AS 14.43.085 , so that a dependent can obtain free tuition at state supported educational institutions if the employee dies in the line of duty. The statutory framework of the Alaska Statutes viewed as a whole comtemplates that for any publicly employed law enforcement officer to be considered a peace officer within the meaning of AS 01.10.060 (7), he or she must be empowered with a full range of police duties and authority and must be currently functioning on essentially a full-time basis in that role. Designated fish and game employees are not peace officers for purposes of AS 01.10.060 because they do not spend substantially all of their working hours on law enforcement duties. June 25, 1998 Op. Att’y Gen.

Sec. 16.05.160. Duty to arrest.

Each peace officer designated in AS 16.05.150 shall arrest a person violating a provision of this title except AS 16.51 and AS 16.52, or any regulation adopted under this title except AS 16.51 and AS 16.52, in the peace officer’s presence or view, and shall take the person for examination or trial before an officer or court of competent jurisdiction unless in the judgment of the peace officer it would be in the state’s best interest to issue a warning or a citation under AS 16.05.165 .

History. (§ 21 art I ch 94 SLA 1959; am § 5 ch 132 SLA 1984)

Sec. 16.05.165. Form and issuance of citation.

1. When a peace officer stops or contacts a person concerning a violation of this title except AS 16.51 and AS 16.52 or of a regulation adopted under this title except AS 16.51 and AS 16.52 that is a misdemeanor, the peace officer may, in the officer’s discretion, issue a citation to the person as provided in AS 12.25.175 — 12.25.230 .
2. The supreme court shall specify by rule or order those misdemeanors that are appropriate for disposition without court appearance, and shall establish a schedule of bail amounts. Before establishing or amending the schedule of bail amounts required by this subsection, the supreme court shall appoint and consult with an advisory committee consisting of two law enforcement officers of the Department of Public Safety engaged in fish and wildlife protection, two representatives of the Department of Fish and Game, two district court judges, and the chairpersons of the House and Senate Judiciary Committees of the legislature. The maximum bail amount for an offense may not exceed the maximum fine specified by law for that offense. If the misdemeanor for which the citation is issued may be disposed of without court appearance, the issuing peace officer shall write on the citation the amount of bail applicable to the violation.
3. If a person cited for a misdemeanor for which a bail amount has been established under (b) of this section does not contest the citation, the person may, on or before the 30th day after the date of the citation, mail or personally deliver to the clerk of the court in which the citation is filed by the peace officer
   1. the amount of bail indicated on the citation for that offense; and
   2. a copy of the citation indicating that the right to an appearance is waived, a plea of no contest is entered, and the bail is forfeited.
4. When bail has been forfeited under (c) of this section, a judgment of conviction shall be entered. Forfeiture of bail and all seized items is a complete satisfaction for the misdemeanor. The clerk of the court accepting the bail shall provide the offender with a receipt stating that fact if requested.
5. A person cited under this section is guilty of failure to obey a citation under AS 12.25.230 if the person fails to pay the bail amount established under (b) of this section or fails to appear in court as required.
6. Notwithstanding other provisions of law, if a person cited for a misdemeanor for which a bail amount has been established under (b) of this section appears in court and is found guilty, the penalty that is imposed for the offense may not exceed the bail amount for that offense established under (b) of this section.

History. (§ 6 ch 132 SLA 1984; am § 2 ch 25 SLA 1995; am § 30 ch 40 SLA 2008; am §§ 32 — 34 ch 29 SLA 2010)

Cross references. —

For fish and game bail forfeiture schedule, see Alaska R. of Admin. 43.2.

Editor’s notes. —

Under § 61, ch. 29, SLA 2010, the 2010 amendments to (a), (c), and (e) of this section apply “to all citations issued . . . for violations occurring on or after July 1, 2010.”

Sec. 16.05.170. Power to execute warrant.

Each peace officer designated in AS 16.05.150 may execute a warrant or other process issued by an officer or court of competent jurisdiction for the enforcement of this title except AS 16.51 and AS 16.52, and may, with a search warrant, search any place at any time. The judge of a court having jurisdiction may, upon proper oath or affirmation showing probable cause, issue a warrant in all cases.

History. (§ 21 art I ch 94 SLA 1959; am § 7 ch 132 SLA 1984)

Sec. 16.05.180. Power to search without warrant.

Each peace officer designated in AS 16.05.150 may without a warrant search any thing or place if the search is reasonable or is not protected from searches and seizures without warrant within the meaning of art. I, § 14, Alaska State Constitution, which specifically enumerates “persons, houses and other property, papers and effects.” However, before a search without warrant is made a signed written statement by the person making the search shall be submitted to the person in control of the property or object to be searched, stating the reason the search is being conducted. A written receipt shall be given by the person conducting the search for property which is taken as a result of the search. The enumeration of specific things does not limit the meaning of words of a general nature.

History. (§ 22 art I ch 94 SLA 1959)

Administrative Code. —

For possession and transportation, see 5 AAC 92, art. 6.

Opinions of attorney general. —

This section is tailored carefully to art. I, § 14, of the Alaska Constitution and is therefore valid. 1959 Alas. Op. Att'y Gen. No. 15.

Requiring a written signed statement of the reason for the search is objectionable but valid. It is objectionable because it unnecessarily ties the hands of the field agents charged with enforcement of the fish and game laws, and is a provision which is quite uncommon, if not unique. 1959 Alas. Op. Att'y Gen. No. 15.

There is no constitutional requirement that all searches be with warrant, and reasonable searches may be made without warrant. A reasonable search is one made (a) upon probable cause that fruits of a crime or evidence relating to the crime will be found; (b) under circumstances which would make the securing of a warrant impracticable. 1961 Alas. Op. Att'y Gen. No. 19.

A search may be made pursuant to a valid arrest, providing that the arrest is made prior to the search. 1961 Alas. Op. Att'y Gen. No. 19.

The statutory requirement that fish and game agents fill out a form stating the objects of search will not make an otherwise invalid search valid, but it may invalidate an otherwise valid search if not complied with. 1961 Alas. Op. Att'y Gen. No. 15.

In the case of a vessel, the limits of the area open to search probably include the entire vessel. 1961 Alas. Op. Att'y Gen. No. 19.

Sec. 16.05.190. Seizure and disposition of equipment.

Guns, traps, nets, fishing tackle, boats, aircraft, automobiles or other vehicles, sleds, and other paraphernalia used in or in aid of a violation of this chapter or a regulation of the department may be seized under a valid search, and all fish and game, or parts of fish and game, or nests or eggs of birds, taken, transported, or possessed contrary to the provisions of this chapter or a regulation of the department shall be seized by any peace officer designated in AS 16.05.150 . Upon conviction of the offender or upon judgment of the court having jurisdiction that the item was taken, transported, or possessed in violation of this chapter or a regulation of the department, all fish and game, or parts of them are forfeited to the state and shall be disposed of as directed by the court. If sold, the proceeds of the sale shall be transmitted to the proper state officer for deposit in the general fund. Guns, traps, nets, fishing tackle, boats, aircraft, or other vehicles, sleds, and other paraphernalia seized under the provisions of this chapter or a regulation of the department, unless forfeited by order of the court, shall be returned, after completion of the case and payment of the fine, if any.

History. (§ 23 art I ch 94 SLA 1959)

Sec. 16.05.195. Forfeiture of equipment.

1. Guns, traps, nets, fishing gear, vessels, aircraft, other motor vehicles, sleds, and other paraphernalia or gear used in or in aid of a violation of this title or AS 08.54, or regulation adopted under this title or AS 08.54, and all fish and game or parts of fish and game or nests or eggs of birds taken, transported, or possessed contrary to the provisions of this title or AS 08.54, or regulation adopted under this title or AS 08.54, may be forfeited to the state
   1. upon conviction of the offender in a criminal proceeding of a violation of this title or AS 08.54 in a court of competent jurisdiction; or
   2. upon judgment of a court of competent jurisdiction in a proceeding in rem that an item specified above was used in or in aid of a violation of this title or AS 08.54 or a regulation adopted under this title or AS 08.54.
2. Items specified in (a) of this section may be forfeited under this section regardless of whether they were seized before instituting the forfeiture action.
3. An action for forfeiture under this section may be joined with an alternative action for damages brought by the state to recover damages for the value of fish and game or parts of them or nests or eggs of birds taken, transported, or possessed contrary to the provisions of this title or a regulation adopted under it.
4. It is no defense that the person who had the item specified in (a) of this section in possession at the time of its use and seizure has not been convicted or acquitted in a criminal proceeding resulting from or arising out of its use.
5. Forfeiture may not be made of an item subsequently sold to an innocent purchaser in good faith.  The burden of proof as to whether the purchaser purchased the item innocently and in good faith shall be on the purchaser.
6. An item forfeited under this section shall be disposed of at the discretion of the department. Before the department disposes of an aircraft it shall consider transfer of ownership of the aircraft to the Alaska Wing, Civil Air Patrol.

History. (§ 3 ch 124 SLA 1974; am § 1 ch 18 SLA 1983; am § 5 ch 33 SLA 1996)

Sec. 16.05.200. Power to administer oaths.

Each peace officer designated in AS 16.05.150 may administer to or take from any person, an oath, affirmation, or affidavit when it is for use in a prosecution or proceeding under or in the enforcement of this chapter.

History. (§ 24 art I ch 94 SLA 1959)

Sec. 16.05.210. Ineligibility for bounties.

An employee or special hunter of the department may not receive or attempt to receive a bounty for the killing of a predator, or transfer the scalp or other part of a predator to another person for the purpose of collecting a bounty.

History. (§ 16 art I ch 94 SLA 1959)

Sec. 16.05.220. The Board of Fish and Game. [Repealed, § 40 ch 206 SLA 1975.]

Sec. 16.05.221. Boards of fisheries and game.

1. For purposes of the conservation and development of the fishery resources of the state, there is created the Board of Fisheries composed of seven members appointed by the governor, subject to confirmation by a majority of the members of the legislature in joint session. The governor shall appoint each member on the basis of interest in public affairs, good judgment, knowledge, and ability in the field of action of the board, and with a view to providing diversity of interest and points of view in the membership. The appointed members shall be residents of the state and shall be appointed without regard to political affiliation or geographical location of residence. The commissioner is not a member of the Board of Fisheries, but shall be ex officio secretary.
2. For purposes of the conservation and development of the game resources of the state, there is created a Board of Game composed of seven members appointed by the governor, subject to confirmation by a majority of the members of the legislature in joint session. The governor shall appoint each member on the basis of interest in public affairs, good judgment, knowledge, and ability in the field of action of the board, and with a view to providing diversity of interest and points of view in the membership. The appointed members shall be residents of the state and shall be appointed without regard to political affiliation or geographical location of residence. The commissioner is not a member of the Board of Game, but shall be ex officio secretary.
3. Members of the Board of Game serve staggered terms of three years. The terms of the members of the board begin on July 1. Notwithstanding AS 39.05.080 (1), by April 1 of the calendar year in which the term expires, the governor shall appoint a person to fill the vacancy that will arise on the board because of the expiration of the term of a member of the board and submit the name of the person to the legislature for confirmation. If a vacancy arises on the board, the governor shall, within 30 days after the vacancy arises, appoint a person to serve the balance of the unexpired term and submit the name of the person to the legislature for confirmation. A person appointed to fill the balance of an unexpired term shall serve on the board from the date of appointment until the earlier of the expiration of the term or the failure of the legislature to confirm the person under AS 39.05.080 .
4. Members of the Board of Fisheries serve staggered terms of three years. The terms of members of the board begin on July 1. Notwithstanding AS 39.05.080 (1), by April 1 of the calendar year in which the term expires, the governor shall appoint a person to fill the vacancy that will arise on the board due to expiration of the term of a member of the board and submit the name of the person to the legislature for confirmation. If a vacancy arises on the board, the governor shall, within 30 days after the vacancy arises, appoint a person to serve the balance of the unexpired term and submit the name of the person to the legislature for confirmation. A person appointed to fill the balance of an unexpired term shall serve on the board from the date of appointment until the earlier of the expiration of the term or the failure of the legislature to confirm the person under AS 39.05.080 .

History. (§ 3 ch 206 SLA 1975; am § 118 ch 218 SLA 1976; am §§ 1, 2 ch 121 SLA 1992; am §§ 1, 2 ch 8 SLA 1996; am § 8 ch 80 SLA 1996; am § 1 ch 18 SLA 2008)

Opinions of attorney general. —

For purposes of conservation, development, and utilization, the Board of Game has general authority to regulate seasons, areas, bag limits, and quotas for sport and subsistence hunting. Apr. 12, 1991 Op. Att’y Gen.

The Board of Fisheries is empowered to adopt regulations that will provide broodstock to the hatcheries; furthermore, because management for sustained yield is required by Article VIII, Section 4, of the Alaska Constitution, the law directs the board to manage for this result. Aug. 1, 1990 Op. Att’y Gen.

Sec. 16.05.230. Term of office. [Repealed, § 40 ch 206 SLA 1975.]

Sec. 16.05.240. Powers excluded. [Repealed, § 40 ch 206 SLA 1975.]

Sec. 16.05.241. Powers excluded.

The boards have regulation-making powers as set out in this chapter, but do not have administrative, budgeting, or fiscal powers.

History. (§ 3 ch 206 SLA 1975)

Sec. 16.05.250. Regulations. [Repealed, § 40 ch 206 SLA 1975.]

Sec. 16.05.251. Regulations of the Board of Fisheries.

1. The Board of Fisheries may adopt regulations it considers advisable in accordance with AS 44.62 (Administrative Procedure Act) for
   1. setting apart fish reserve areas, refuges, and sanctuaries in the waters of the state over which it has jurisdiction, subject to the approval of the legislature;
   2. establishing open and closed seasons and areas for the taking of fish; if consistent with resource conservation and development goals, the board may adopt regulations establishing restricted seasons and areas necessary for
      1. persons 60 years of age and older to participate in sport, personal use, or subsistence fishing; or
      2. residents under 18 years of age and nonresidents under 16 years of age to participate in sport fishing;
   3. setting quotas, bag limits, harvest levels, and sex and size limitations on the taking of fish;
   4. establishing the means and methods employed in the pursuit, capture, and transport of fish;
   5. establishing marking and identification requirements for means used in pursuit, capture, and transport of fish;
   6. classifying as commercial fish, sport fish, guided sport fish, personal use fish, subsistence fish, or predators or other categories essential for regulatory purposes;
   7. watershed and habitat improvement, and management, conservation, protection, use, disposal, propagation, and stocking of fish;
   8. investigating and determining the extent and effect of disease, predation, and competition among fish in the state, exercising control measures considered necessary to the resources of the state;
   9. prohibiting and regulating the live capture, possession, transport, or release of native or exotic fish or their eggs;
   10. establishing seasons, areas, quotas, and methods of harvest for aquatic plants;
   11. establishing the times and dates during which the issuance of fishing licenses, permits, and registrations and the transfer of permits and registrations between registration areas is allowed; however, this paragraph does not apply to permits issued or transferred under AS 16.43;
   12. regulating commercial, sport, guided sport, subsistence, and personal use fishing as needed for the conservation, development, and utilization of fisheries;
   13. requiring, in a fishery, observers on board fishing vessels, as defined in AS 16.05.475(d) , that are registered under the laws of the state, as defined in AS 16.05.475(c) , after making a written determination that an onboard observer program
       1. is the only practical data-gathering or enforcement mechanism for that fishery;
       2. will not unduly disrupt the fishery;
       3. can be conducted at a reasonable cost; and
       4. can be coordinated with observer programs of other agencies, including the National Marine Fisheries Service, North Pacific Fishery Management Council, and the International Pacific Halibut Commission;
   14. establishing nonexclusive, exclusive, and superexclusive registration and use areas for regulating commercial fishing;
   15. regulating resident or nonresident sport fishermen as needed for the conservation, development, and utilization of fishery resources;
   16. requiring unlicensed fishing vessels present in or transiting the waters of the state to report to the department the quantity, species, and origin of fish on board; in this paragraph, “unlicensed fishing vessel” means a fishing vessel that is not licensed under AS 16.05.490 — 16.05.530 ;
   17. promoting fishing and preserving the heritage of fishing in the state.
2. [Repealed, § 12 ch 52 SLA 1986.]
3. If the Board of Fisheries denies a petition or proposal to amend, adopt, or repeal a regulation, the board, upon receiving a written request from the sponsor of the petition or proposal, shall in addition to the requirements of AS 44.62.230 provide a written explanation for the denial to the sponsor not later than 30 days after the board has officially met and denied the sponsor’s petition or proposal, or 30 days after receiving the request for an explanation, whichever is later.
4. Regulations adopted under (a) of this section must, consistent with sustained yield and the provisions of AS 16.05.258 , provide a fair and reasonable opportunity for the taking of fishery resources by personal use, sport, and commercial fishermen.
5. The Board of Fisheries may allocate fishery resources among personal use, sport, guided sport, and commercial fisheries. The board shall adopt criteria for the allocation of fishery resources and shall use the criteria as appropriate to particular allocation decisions. The criteria may include factors such as
   1. the history of each personal use, sport, guided sport, and commercial fishery;
   2. the number of residents and nonresidents who have participated in each fishery in the past and the number of residents and nonresidents who can reasonably be expected to participate in the future;
   3. the importance of each fishery for providing residents the opportunity to obtain fish for personal and family consumption;
   4. the availability of alternative fisheries resources;
   5. the importance of each fishery to the economy of the state;
   6. the importance of each fishery to the economy of the region and local area in which the fishery is located;
   7. the importance of each fishery in providing recreational opportunities for residents and nonresidents.
6. Except as expressly provided in AS 16.40.120 (e) and 16.40.130 , the Board of Fisheries may not adopt regulations or take action regarding the issuance, denial, or conditioning of a permit under AS 16.40.100 or 16.40.120 , the construction or operation of a farm or hatchery required to have a permit under AS 16.40.100 , or a harvest with a permit issued under AS 16.40.120.
7. The Board of Fisheries shall consider a request of the commissioner for approval of a petition to the Alaska Commercial Fisheries Entry Commission to establish a moratorium on new entrants into a commercial fishery under AS 16.43.225 at the board’s next regular or special meeting that follows the receipt by the board of the request for approval of the petition and that allows time for the notice required under this subsection. The board may consider the request of the commissioner for approval of the petition only after 15 days’ public notice of the board’s intention to consider approval of the petition. The board shall consider whether the commissioner, in support of the request for approval of the petition, has adequately shown that the fishery meets requirements for a moratorium on new entrants under AS 16.05.050 . The board by a majority vote of its members at the meeting when the petition must be considered shall approve or disapprove the petition.
8. The Board of Fisheries shall adopt by regulation a policy for the management of mixed stock fisheries. The policy shall provide for the management of mixed stock fisheries in a manner that is consistent with sustained yield of wild fish stocks.
9. Notwithstanding AS 16.43.140(c)(5) , the board may adopt, at a regularly scheduled meeting at which the board considers regulatory proposals for management of a specific salmon fishery, a regulation to allow a person who holds two entry permits for that salmon fishery an additional fishing opportunity appropriate for that particular fishery.

History. (§ 3 ch 206 SLA 1975; am § 2 ch 218 SLA 1976; am § 4 ch 151 SLA 1978; am §§ 1, 2 ch 110 SLA 1980; am §§ 8, 9 ch 132 SLA 1984; am §§ 1 — 3, 12 ch 52 SLA 1986; am § 4 ch 76 SLA 1986; am § 1 ch 33 SLA 1987; am § 2 ch 93 SLA 1988; am § 7 ch 145 SLA 1988; am § 3 ch 34 SLA 1991; am §§ 1, 2 ch 90 SLA 1992; am § 1 ch 93 SLA 1992; am § 1 ch 15 SLA 1995; am § 1 ch 13 SLA 2004; am § 3 ch 87 SLA 2005; am § 1 ch 11 SLA 2006; am § 3 ch 18 SLA 2016)

Revisor’s notes. —

In 1988, a reference to “AS 16.40.120(d) ” was deleted from (f) of this section to correct a manifest error in § 7, ch. 145, SLA 1988. Paragraph (a)(13) was enacted as (a)(12). Renumbered in 1986.

Cross references. —

For restriction on maximum area of land that may be closed to multiple uses without an act of the state legislature, see AS 38.05.300(a) ; for legislative findings in connection with the enactment of (a)(13) of this section, see § 1, ch. 76, SLA 1986, in the Temporary and Special Acts; for legislative findings in connection with the 1988 amendment to (a)(2) of this section, see § 1, ch. 93, SLA 1988 in the Temporary and Special Acts.

For statement of legislative intent applicable to the 2005 addition of paragraph (a)(17), see § 1, ch. 87, SLA 2005, in the 2005 Temporary and Special Acts.

Administrative Code. —

For statewide provisions, see 5 AAC 1, art. 1.

For Kotzebue Area, see 5 AAC 1, art. 2.

For Norton Sound-Port Clarence Area, see 5 AAC 1, art. 3.

For Yukon-Northern Area, see 5 AAC 1, art. 4.

For Kuskokwim Area, see 5 AAC 1, art. 5.

For Bristol Bay Area, see 5 AAC 1, art. 6.

For Aleutian Islands Area, see 5 AAC 1, art. 7.

For Alaska Peninsula Area, see 5 AAC 1, art. 8.

For Chignik Area, see 5 AAC 1, art. 9.

For Kodiak Area, see 5 AAC 1, art. 10.

For Cook Inlet Area, see 5 AAC 1, art. 11.

For Prince William Sound Area, see 5 AAC 1, art. 12.

For Yakutat Area, see 5 AAC 1, art. 13.

For Southeastern Alaska Area, see 5 AAC 1, art. 14.

For statewide provisions, see 5 AAC 2, art. 1.

For Southeastern Alaska-Yakutat Area, see 5 AAC 2, art. 2.

For Prince William Sound Area, see 5 AAC 2, art. 3.

For Cook Inlet Area, see 5 AAC 2, art. 4.

For Kodiak Area, see 5 AAC 2, art. 5.

For Alaska Peninsula-Aleutian Islands Area, see 5 AAC 2, art. 6.

For Bering Sea Area, see 5 AAC 2, art. 7.

For description of area, see 5 AAC 3, art. 1.

For fishing districts and subdistricts, see 5 AAC 3, art. 2.

For salmon fishery, see 5 AAC 3, art. 3.

For sheefish fishery, see 5 AAC 3, art. 6.

For description of area, see 5 AAC 4, art. 1.

For fishing districts and subdistricts, see 5 AAC 4, art. 2.

For salmon fishery, see 5 AAC 4, art. 3.

For description of area, see 5 AAC 5, art. 1.

For fishing districts and subdistricts, see 5 AAC 5, art. 2.

For salmon fishery, see 5 AAC 5, art. 3.

For description of area, see 5 AAC 6, art. 1.

For fishing districts, subdistricts, and sections, see 5 AAC 6, art. 2.

For salmon fishery, see 5 AAC 6, art. 3.

For smelt fishery, see 5 AAC 6, art. 5.

For description of area, see 5 AAC 7, art. 1.

For fishing districts, subdistricts, and sections, see 5 AAC 7, art. 2.

For salmon fishery, see 5 AAC 7, art. 3.

For freshwater fishery, see 5 AAC 7, art. 6.

For description of area, see 5 AAC 9, art. 1.

For fishing districts and sections, see 5 AAC 9, art. 2.

For salmon fishery, see 5 AAC 9, art. 3.

For description of area, see 5 AAC 11, art. 1.

For salmon fishery, see 5 AAC 11, art. 3.

For description of area, see 5 AAC 12, art. 1.

For fishing districts and sections, see 5 AAC 12, art. 2.

For salmon fishery, see 5 AAC 12, art. 3.

For description of area, see 5 AAC 15, art. 1.

For fishing districts, sections, and subsections, see 5 AAC 15, art. 2.

For salmon fishery, see 5 AAC 15, art. 3.

For description of area, see 5 AAC 18, art. 1.

For fishing districts and sections, see 5 AAC 18, art. 2.

For salmon fishery, see 5 AAC 18, art. 3.

For description of area, see 5 AAC 21, art. 1.

For fishing districts, subdistricts, and sections, see 5 AAC 21, art. 2.

For salmon fishery, see 5 AAC 21, art. 3.

For smelt fishery, see 5 AAC 21, art. 5.

For freshwater fishery, see 5 AAC 21, art. 8.

For description of area, see 5 AAC 24, art. 1.

For fishing districts, subdistricts, and sections, see 5 AAC 24, art. 2.

For salmon fishery, see 5 AAC 24, art. 3.

For smelt fishery, see 5 AAC 24, art. 5.

For freshwater fishery, see 5 AAC 24, art. 8.

For registration areas, see 5 AAC 27, art. 1.

For prohibitions, see 5 AAC 27, art. 3.

For Southeastern Alaska Area (Registration Area A), see 5 AAC 27, art. 4.

For Yakutat Area (Registration Area D), see 5 AAC 27, art. 5.

For Prince William Sound Area (Registration Area E), see 5 AAC 27, art. 6.

For Cook Inlet Area (Registration Area H), see 5 AAC 27, art. 7.

For Kodiak Area (Registration Area K), see 5 AAC 27, art. 8.

For Chignik Area (Registration Area L), see 5 AAC 27, art. 9.

For Alaska Peninsula-Aleutian Islands Area (Registration Area M), see 5 AAC 27, art. 10.

For Bristol Bay Area (Registration Area T), see 5 AAC 27, art. 12.

For Kuskokwim Area (Registration Area W), see 5 AAC 27, art. 13.

For Bering Sea-Kotzebue Area (Registration Area Q), see 5 AAC 27, art. 14.

For registration areas, see 5 AAC 28, art. 1.

For prohibitions, see 5 AAC 28, art. 3.

For Eastern Gulf of Alaska Area (Registration Area A), see 5 AAC 28, art. 4.

For Prince William Sound Area (Registration Area E), see 5 AAC 28, art. 5.

For Cook Inlet Area (Registration Area H), see 5 AAC 28, art. 6.

For Kodiak Area (Registration Area K), see 5 AAC 28, art. 7.

For Chignik Area (Registration Area L), see 5 AAC 28, art. 8.

For South Alaska Peninsula Area (Registration Area M), see 5 AAC 28, art. 9.

For Bering Sea — Aleutian Islands Area (Registration Area O), see 5 AAC 28, art. 10.

For Chukchi-Beaufort Area (Registration Area Y), see 5 AAC 28, art. 11.

For definitions, see 5 AAC 28, art. 12.

For description of area, see 5 AAC 29, art. 2.

For management and allocation management plans, see 5 AAC 29, art. 3.

For fishing seasons and periods, see 5 AAC 29, art. 4.

For fishery management plans, see 5 AAC 29, art. 5.

For gear and vessel specifications and registration, see 5 AAC 29, art. 6.

For size and landing requirements, see 5 AAC 29, art. 7.

For closed waters, see 5 AAC 29, art. 8.

For salmon trolling in hatchery special harvest areas, see 5 AAC 29, art. 9.

For description of area, see 5 AAC 30, art. 1.

For fishing districts, see 5 AAC 30, art. 2.

For salmon fishery, see 5 AAC 30, art. 3.

For bottomfish fishery, see 5 AAC 30, art. 4.

For registration areas, see 5 AAC 31, art. 1.

For Registration Area A (Southeastern Alaska), see 5 AAC 31, art. 5.

For Registration Area D (Yakutat), see 5 AAC 31, art. 6.

For Registration Area E (Prince William Sound), see 5 AAC 31, art. 7.

For Registration Area H (Cook Inlet), see 5 AAC 31, art. 8.

For Registration Area G (Outer Cook Inlet), see 5 AAC 31, art. 9.

For Registration Area J (Westward), see 5 AAC 31, art. 10.

For registration areas, see 5 AAC 32, art. 1.

For Registration Area A (Southeastern Alaska), see 5 AAC 32, art. 5.

For Registration Area D (Yakutat), see 5 AAC 32, art. 6.

For Registration Area E (Prince William Sound), see 5 AAC 32, art. 7.

For Registration Area H (Cook Inlet), see 5 AAC 32, art. 8.

For Registration Area J (Westward), see 5 AAC 32, art. 9.

For description of area, see 5 AAC 33, art. 1.

For fishing districts and sections, see 5 AAC 33, art. 2.

For salmon fishery, see 5 AAC 33, art. 3.

For smelt fishery, see 5 AAC 33, art. 5.

For registration areas, see 5 AAC 34, art. 1.

For conditions for license and permits, see 5 AAC 34, art. 3.

For Registration Area A (Southeastern), see 5 AAC 34, art. 5.

For Registration Area D (Yakutat), see 5 AAC 34, art. 6.

For Registration Area E (Prince William Sound), see 5 AAC 34, art. 7.

For Registration Area H (Cook Inlet), see 5 AAC 34, art. 8.

For Registration Area K (Kodiak), see 5 AAC 34, art. 9.

For Registration Area M (Alaska Peninsula), see 5 AAC 34, art. 10.

For Registration Area O (Aleutian Islands Area), see 5 AAC 34, art. 11.

For Registration Area T (Bristol Bay), see 5 AAC 34, art. 13.

For Registration Area Q (Bering Sea), see 5 AAC 34, art. 14.

For registration areas, see 5 AAC 35, art. 1.

For Registration Area A (Southeastern), see 5 AAC 35, art. 5.

For Registration Area D (Yakutat), see 5 AAC 35, art. 6.

For Registration Area E (Prince William Sound), see 5 AAC 35, art. 7.

For Registration Area H (Cook Inlet), see 5 AAC 35, art. 8.

For Registration Area J (Westward), see 5 AAC 35, art. 10.

For description of area, see 5 AAC 36, art. 1.

For salmon, see 5 AAC 36, art. 3.

For harvest provisions, see 5 AAC 37, art. 1.

For seasons, see 5 AAC 37, art. 2.

For harvest requirements, see 5 AAC 37, art. 3.

For restrictions, see 5 AAC 37, art. 9.

For registration areas, see 5 AAC 38, art. 1.

For prohibitions, see 5 AAC 38, art. 4.

For Registration Area A (Southeastern Alaska), see 5 AAC 38, art. 5.

For Registration Area D (Yakutat), see 5 AAC 38, art. 6.

For Registration Area E (Prince William Sound), see 5 AAC 38, art. 7.

For Registration Area H (Cook Inlet), see 5 AAC 38, art. 8.

For Registration Area J (Westward), see 5 AAC 38, art. 9.

For salmon fishery, see 5 AAC 39, art. 2.

For shellfish fishery, see 5 AAC 39, art. 6.

For commercial freshwater fishery, see 5 AAC 39, art. 7.

For special harvest areas, see 5 AAC 40, art. 2.

For scope of regulations, see 5 AAC 41, art. 1.

For permit system established, see 5 AAC 41, art. 2.

For aquarium stocking, see 5 AAC 41, art. 5.

For Southeast Alaska Area, see 5 AAC 47.

For Upper Copper River and Upper Susitna River Area, see 5 AAC 52.

For Prince William Sound Area, see 5 AAC 55.

For Kenai Peninsula Area, see 5 AAC 56.

For Kenai River Drainage Area, see 5 AAC 57.

For Cook Inlet — Resurrection Bay Saltwater Area, see 5 AAC 58.

For Anchorage Bowl Drainages Area, see 5 AAC 59.

For Knik Arm Drainages Area, see 5 AAC 60.

For Susitna River Drainage Area, see 5 AAC 61.

For West Cook Inlet Area, see 5 AAC 62.

For Kodiak Area, see 5 AAC 64.

For Alaska Peninsula and Aleutian Islands Area, see 5 AAC 65.

For Bristol Bay Area, see 5 AAC 67.

For Arctic-Yukon-Kuskokwim Region, see 5 AAC 70.

For methods and means, see 5 AAC 75, art. 2.

For closed waters and prohibited acts, see 5 AAC 75, art. 3.

For fishing services and sport fishing guides, see 5 AAC 75, art. 4.

For management of trout, see 5 AAC 75, art. 5.

For definitions, see 5 AAC 75, art. 9.

For statewide provisions, see 5 AAC 77, art. 1.

For Kotzebue Area, see 5 AAC 77, art. 2.

For Norton Sound-Port Clarence Area, see 5 AAC 77, art. 3.

For Yukon — Northern Area, see 5 AAC 77, art. 4.

For Kuskokwim Area, see 5 AAC 77, art. 5.

For Bristol Bay Area, see 5 AAC 77, art. 6.

For Aleutian Islands Area, see 5 AAC 77, art. 7.

For Alaska Peninsula Area, see 5 AAC 77, art. 8.

For Chignik Area, see 5 AAC 77, art. 9.

For Kodiak Area, see 5 AAC 77, art. 10.

For Cook Inlet Area, see 5 AAC 77, art. 11.

For Prince William Sound Area, see 5 AAC 77, art. 12.

For Yakutat Area, see 5 AAC 77, art. 13.

For Southeastern Alaska Area, see 5 AAC 77, art. 14.

For methods and means, see 5 AAC 92, art. 4.

For special areas, see 5 AAC 95, art. 4.

For state critical habitat areas, see 5 AAC 95, art. 6.

For permit procedures, see 5 AAC 95, art. 7.

For adoption of fish and game regulations, see 5 AAC 96, art. 5.

For subsistence uses, see 5 AAC 99.

Opinions of attorney general. —

For discussion of compatibility of state subsistence-use law with federal standards as set forth in Alaska National Interest Lands Conservation Act (16 U.S.C. § 3115 et seq.), see 1981 Alas. Op. Att'y Gen. No. 11.

The Board of Fisheries is empowered to adopt regulations that will provide broodstock to the hatcheries; furthermore, because management for sustained yield is required by article VIII, section 4, of the Alaska Constitution, the law directs the board to manage for this result. Aug. 1, 1990 Op. Att’y Gen.

Sec. 16.05.253. Operation of stationary fishing gear.

1. The Board of Fisheries may require a person who holds a limited entry permit or an interim-use permit under AS 16.43 to be physically present at a beach or riparian fishing site during the operation of net gear or other stationary fishing gear at the site, except when the permit holder is at or traveling to or from the location of
   1. a sale of fish caught in the gear; or
   2. other stationary gear of the permit holder.
2. In this section, “fishing site ” means fishing site as defined by the Board of Fisheries and includes any structure used for providing shelter in support of the operation of the net gear or other stationary fishing gear.

History. (§ 1 ch 94 SLA 1982; am § 1 ch 19 SLA 1983)

Sec. 16.05.255. Regulations of the Board of Game; management requirements.

1. The Board of Game may adopt regulations it considers advisable in accordance with AS 44.62 (Administrative Procedure Act) for
   1. setting apart game reserve areas, refuges, and sanctuaries in the water or on the land of the state over which it has jurisdiction, subject to the approval of the legislature;
   2. establishing open and closed seasons and areas for the taking of game;
   3. establishing the means and methods employed in the pursuit, capture, taking, and transport of game, including regulations, consistent with resource conservation and development goals, establishing means and methods that may be employed by persons with physical disabilities;
   4. setting quotas, bag limits, harvest levels, and sex, age, and size limitations on the taking of game;
   5. classifying game as game birds, song birds, big game animals, fur bearing animals, predators, or other categories;
   6. methods, means, and harvest levels necessary to control predation and competition among game in the state;
   7. watershed and habitat improvement, and management, conservation, protection, use, disposal, propagation, and stocking of game;
   8. prohibiting the live capture, possession, transport, or release of native or exotic game or their eggs;
   9. establishing the times and dates during which the issuance of game licenses, permits, and registrations and the transfer of permits and registrations between registration areas and game management units or subunits is allowed;
   10. regulating sport hunting and subsistence hunting as needed for the conservation, development, and utilization of game;
   11. taking game to ensure public safety;
   12. regulating the activities of persons licensed to control nuisance wild birds and nuisance wild small mammals;
   13. promoting hunting and trapping and preserving the heritage of hunting and trapping in the state.
2. [Repealed, § 12 ch 52 SLA 1986.]
3. If the Board of Game denies a petition or proposal to amend, adopt, or repeal a regulation, the board, upon receiving a written request from the sponsor of the petition or proposal, shall in addition to the requirements of AS 44.62.230 provide a written explanation for the denial to the sponsor not later than 30 days after the board has officially met and denied the sponsor’s petition or proposal, or 30 days after receiving the request for an explanation, whichever is later.
4. Regulations adopted under (a) of this section must provide that, consistent with the provisions of AS 16.05.258 , the taking of moose, deer, elk, and caribou by residents for personal or family consumption has preference over taking by nonresidents.
5. The Board of Game shall adopt regulations to provide for intensive management programs to restore the abundance or productivity of identified big game prey populations as necessary to achieve human consumptive use goals of the board in an area where the board has determined that
   1. consumptive use of the big game prey population is a preferred use;
   2. depletion of the big game prey population or reduction of the productivity of the big game prey population has occurred and may result in a significant reduction in the allowable human harvest of the population; and
   3. enhancement of abundance or productivity of the big game prey population is feasibly achievable utilizing recognized and prudent active management techniques.
6. The Board of Game may not significantly reduce the taking of an identified big game prey population by adopting regulations relating to restrictions on harvest or access to the population, or to management of the population by customary adjustments in seasons, bag limits, open and closed areas, methods and means, or by other customary means authorized under (a) of this section, unless the board has adopted regulations, or has scheduled for adoption at the next regularly scheduled meeting of the board regulations, that provide for intensive management to increase the take of the population for human harvest consistent with (e) of this section. This subsection does not apply if the board
   1. determines that intensive management would be
      1. ineffective, based on scientific information;
      2. inappropriate due to land ownership patterns; or
      3. against the best interest of subsistence uses; or
   2. declares that a biological emergency exists and takes immediate action to protect or maintain the big game prey population in conjunction with the scheduling for adoption of those regulations that are necessary to implement (e) of this section.
7. The Board of Game shall establish population and harvest goals and seasons for intensive management of identified big game prey populations to achieve a high level of human harvest.
8. [Repealed, 2000 Ballot Measure No. 6.]
9. For the purpose of encouraging adults to take children hunting, the board shall establish annual hunting seasons in appropriate areas of the state for big game, other than bison and musk ox. Only a resident child accompanied by a resident adult or a child accompanied by the child’s resident parent, resident grandparent, resident stepparent, or resident legal guardian may take big game in an area where a season established under this subsection is in effect. The adult, parent, grandparent, stepparent, or legal guardian who accompanies the child may only assist the child in taking big game. A big game animal taken under this subsection, except for a Sitka blacktail deer when the harvest limit for the deer is one for each person, must be counted against the bag limits of both the child and the adult, parent, grandparent, stepparent, or legal guardian who accompanies the child. In this subsection,
   1. “adult” means an individual who is 21 years of age or older;
   2. “child” means an individual who is not more than 17 years of age and not younger than eight years of age.
10. This section authorizes the board to regulate regarding the conservation, development, or utilization of game in a manner that addresses whether, how, when, and where the public asset of game is allocated or appropriated.
11. In this section,
    1. “harvestable surplus” means the number of animals that is estimated to equal the number of offspring born in a game population during a year less the number of animals required for recruitment for population maintenance and enhancement, when necessary, and the number of animals in the population that die from all causes, other than predation or human harvest, during that year;
    2. “high level of human harvest” means the allocation of a sufficient portion of the harvestable surplus of a game population to achieve a high probability of success for human harvest of the game population based on biological capabilities of the population and considering hunter demand;
    3. “identified big game prey population” means a population of ungulates that is identified by the Board of Game and that is important for providing high levels of harvest for human consumptive use;
    4. “intensive management” means management of an identified big game prey population consistent with sustained yield through active management measures to enhance, extend, and develop the population to maintain high levels or provide for higher levels of human harvest, including control of predation and prescribed or planned use of fire and other habitat improvement techniques;
    5. “sustained yield” means the achievement and maintenance in perpetuity of the ability to support a high level of human harvest of game, subject to preferences among beneficial uses, on an annual or periodic basis.

History. (§ 3 ch 206 SLA 1975; am § 5 ch 151 SLA 1978; am §§ 10, 11 ch 132 SLA 1984; am §§ 4, 5, 12 ch 52 SLA 1986; am § 1 ch 6 SLA 1989; am § 2 ch 13 SLA 1994; am § 2 ch 54 SLA 1996; am §§ 4 — 6 ch 76 SLA 1998; am § 1 ch 20 SLA 2000; am § 1 2000 Ballot Measure No. 6; am § 1 ch 68 SLA 2001; am § 1 ch 132 SLA 2003; am § 4 ch 87 SLA 2005; am § 1 ch 24 SLA 2008; am § 1 ch 107 SLA 2014)

Revisor’s notes. —

Subsection (g) was enacted as (h) and paragraphs (j)(1), (2), and (5) were enacted as (g)(3)-(5), respectively. Relettered in 1998, at which time former (g)(1) and (2) were renumbered as (h)(3) and (4), and relettered as (i) in 2000, as (j) in 2001 and as (k) in 2008.

Former subsection (h) was enacted as (i); relettered in 2000.

Subsection (i) was enacted as (j); relettered in 2001, at which time former subsection (i) was relettered as (j).

Subsection (j) was enacted as (k); relettered in 2008, at which time former subsection (j) was relettered as (k).

Cross references. —

For restriction on maximum area of land that may be closed to multiple uses without an act of the state legislature, see AS 38.05.300(a) .

For legislative findings in connection with the enactment of (e), (f), and (k)(3) and (4) [formerly (e)-(g)] of this section, see § 1, ch. 13, SLA 1994 in the Temporary and Special Acts. For legislative findings relating to the 1998 amendment to paragraph (i)(4) (formerly (h)(4)) and the enactment of paragraphs (i)(1), (i)(2), and (i)(5) (formerly ((h)(1), (h)(2), and (h)(5)) and subsection (g), see § 1, ch. 76, SLA 1998 in the 1998 Temporary and Special Acts.

For legislative statement giving direction to the Board of Game to adopt regulations to govern the activities of a person who is licensed to control nuisance wild birds and small mammals authorized by paragraph (a)(12) of this section, see § 6, ch. 132, SLA 2003, in the 2003 Temporary and Special Acts.

For statement of legislative intent applicable to the 2005 addition of paragraph (a)(13), see § 1, ch. 87, SLA 2005, in the 2005 Temporary and Special Acts.

Administrative Code. —

For trapping seasons and bag limits, see 5 AAC 84, art. 7.

For seasons and bag limits, see 5 AAC 85, art. 2.

For hunting seasons and bag limits, see 5 AAC 85, art. 5.

For licenses, harvest tickets, harvest reports, tags, and fees, see 5 AAC 92, art. 2.

For permits, see 5 AAC 92, art. 3.

For methods and means, see 5 AAC 92, art. 4.

For intensive management, see 5 AAC 92, art. 5.

For possession and transportation, see 5 AAC 92, art. 6.

For use of game, see 5 AAC 92, art. 7.

For emergency taking, see 5 AAC 92, art. 9.

For game management units, see 5 AAC 92, art. 11.

For restricted areas, see 5 AAC 92, art. 12.

For definitions, see 5 AAC 92, art. 20.

For special areas, see 5 AAC 95, art. 4.

For state critical habitat areas, see 5 AAC 95, art. 6.

For permit procedures, see 5 AAC 95, art. 7.

For adoption of fish and game regulations, see 5 AAC 96, art. 5.

For subsistence uses, see 5 AAC 99.

Opinions of attorney general. —

Neither the Board of Game nor the Department of Fish and Game has jurisdiction over domestic animals. August 29, 1979 Op. Att’y Gen.

Permitting authority over live game, that is, nondomestic animals, rests with the Board of Game as implemented by the Department of Fish and Game. August 29, 1979 Op. Att’y Gen.

For discussion of compatibility of state subsistence-use law with federal standards as set forth in Alaska National Interest Lands Conservation Act (16 U.S.C. § 3115 et seq.), see 1981 Alas. Op. Att'y Gen. No. 11.

The Board of Game has general authority to regulate the live capture and possession of game under AS 16.05.255(a)(8) . Apr. 2, 1987 Op. Att’y Gen.

Under 16.05.255(a)(5) , (a)(8), and (d) and AS 16.05.258 , the board’s authority to regulate uses of elk in the wild is not diminished under ch. 88, SLA 1987. That act does not alter the broad statutory definitions of “ ‘domestic mammals’ or ‘game’ in AS 16.05.940 , which define the scope of the board’s authorities under AS 16.05.255 . Jan. 18, 1988 Op. Att’y Gen.

The Board of Game is the proper entity to regulate the possession and propagation of game birds as pets. Apr. 2, 1987 Op. Att’y Gen.

For purposes of conservation, development, and utilization, the Board of Game has general authority to regulate seasons, areas, bag limits, and quotas for sport and subsistence hunting. Apr. 12, 1991 Op. Att’y Gen.

The board’s general authority in this section to regulate subsistence hunting as needed for conservation, development, and utilization of game, together with the statutory definition of subsistence hunting to include both taking and possession, authorizes the board to regulate post-taking uses. Apr. 12, 1991 Op. Att’y Gen.

The Board of Game has authority to adopt regulations that require the harvest of moose taken under subsistence permits to be used only for purposes of the Nuchalawoyya Potlatch so long as the regulation does not limit participation only to residents of certain areas. Apr. 12, 1991 Op. Att’y Gen.

It is well within the authorities of the Board of Game under subsection (a) and the Department of Fish and Game under AS 16.05.020 to determine by regulation the point at which certain animals are deemed feral and subject to whatever game regulations the board may wish to adopt. A board or departmental regulation defining “feral animal” would be applicable statewide regardless of land ownership. July 30, 1987 Op. Att’y Gen.

Sec. 16.05.256. Nonresident and nonresident alien permits.

Whenever it is necessary to restrict the taking of big game so that the opportunity for state residents to take big game can be reasonably satisfied in accordance with sustained yield principles, the Board of Game may, through a permit system, limit the taking of big game by nonresidents and nonresident aliens to accomplish that purpose.

History. (§ 3 ch 74 SLA 1982)

Sec. 16.05.257. Subsistence hunting regulations. [Repealed, § 12 ch 52 SLA 1986.]

Sec. 16.05.258. Subsistence use and allocation of fish and game.

1. Except in nonsubsistence areas, the Board of Fisheries and the Board of Game shall identify the fish stocks and game populations, or portions of stocks or populations, that are customarily and traditionally taken or used for subsistence. The commissioner shall provide recommendations to the boards concerning the stock and population identifications. The boards shall make identifications required under this subsection after receipt of the commissioner’s recommendations.
2. The appropriate board shall determine whether a portion of a fish stock or game population identified under (a) of this section can be harvested consistent with sustained yield. If a portion of a stock or population can be harvested consistent with sustained yield, the board shall determine the amount of the harvestable portion that is reasonably necessary for subsistence uses and
   1. if the harvestable portion of the stock or population is sufficient to provide for all consumptive uses, the appropriate board
      1. shall adopt regulations that provide a reasonable opportunity for subsistence uses of those stocks or populations;
      2. shall adopt regulations that provide for other uses of those stocks or populations, subject to preferences among beneficial uses; and
      3. may adopt regulations to differentiate among uses;
   2. if the harvestable portion of the stock or population is sufficient to provide for subsistence uses and some, but not all, other consumptive uses, the appropriate board
      1. shall adopt regulations that provide a reasonable opportunity for subsistence uses of those stocks or populations;
      2. may adopt regulations that provide for other consumptive uses of those stocks or populations; and
      3. shall adopt regulations to differentiate among consumptive uses that provide for a preference for the subsistence uses, if regulations are adopted under (B) of this paragraph;
   3. if the harvestable portion of the stock or population is sufficient to provide for subsistence uses, but no other consumptive uses, the appropriate board shall
      1. determine the portion of the stocks or populations that can be harvested consistent with sustained yield; and
      2. adopt regulations that eliminate other consumptive uses in order to provide a reasonable opportunity for subsistence uses; and
   4. if the harvestable portion of the stock or population is not sufficient to provide a reasonable opportunity for subsistence uses, the appropriate board shall
      1. adopt regulations eliminating consumptive uses, other than subsistence uses;
      2. distinguish among subsistence users, through limitations based on
         1. the customary and direct dependence on the fish stock or game population by the subsistence user for human consumption as a mainstay of livelihood;
         2. the proximity of the domicile of the subsistence user to the stock or population; and
         3. the ability of the subsistence user to obtain food if subsistence use is restricted or eliminated.
3. The boards may not permit subsistence hunting or fishing in a nonsubsistence area. The boards, acting jointly, shall identify by regulation the boundaries of nonsubsistence areas. A nonsubsistence area is an area or community where dependence upon subsistence is not a principal characteristic of the economy, culture, and way of life of the area or community. In determining whether dependence upon subsistence is a principal characteristic of the economy, culture, and way of life of an area or community under this subsection, the boards shall jointly consider the relative importance of subsistence in the context of the totality of the following socio-economic characteristics of the area or community:
   1. the social and economic structure;
   2. the stability of the economy;
   3. the extent and the kinds of employment for wages, including full-time, part-time, temporary, and seasonal employment;
   4. the amount and distribution of cash income among those domiciled in the area or community;
   5. the cost and availability of goods and services to those domiciled in the area or community;
   6. the variety of fish and game species used by those domiciled in the area or community;
   7. the seasonal cycle of economic activity;
   8. the percentage of those domiciled in the area or community participating in hunting and fishing activities or using wild fish and game;
   9. the harvest levels of fish and game by those domiciled in the area or community;
   10. the cultural, social, and economic values associated with the taking and use of fish and game;
   11. the geographic locations where those domiciled in the area or community hunt and fish;
   12. the extent of sharing and exchange of fish and game by those domiciled in the area or community;
   13. additional similar factors the boards establish by regulation to be relevant to their determinations under this subsection.
4. Fish stocks and game populations, or portions of fish stocks and game populations not identified under (a) of this section may be taken only under nonsubsistence regulations.
5. Takings and uses of fish and game authorized under this section are subject to regulations regarding open and closed areas, seasons, methods and means, marking and identification requirements, quotas, bag limits, harvest levels, and sex, age, and size limitations. Takings and uses of resources authorized under this section are subject to AS 16.05.831 and AS 16.30.
6. For purposes of this section, “reasonable opportunity” means an opportunity, as determined by the appropriate board, that allows a subsistence user to participate in a subsistence hunt or fishery that provides a normally diligent participant with a reasonable expectation of success of taking of fish or game.

History. (§ 6 ch 52 SLA 1986; am § 2 ch 1 SSSLA 1992)

Administrative Code. —

For subsistence uses, see 5 AAC 99.

For statewide provisions, see 5 AAC 1, art. 1.

For Kotzebue Area, see 5 AAC 1, art. 2.

For Norton Sound-Port Clarence Area, see 5 AAC 1, art. 3.

For Yukon-Northern Area, see 5 AAC 1, art. 4.

For Kuskokwim Area, see 5 AAC 1, art. 5.

For Bristol Bay Area, see 5 AAC 1, art. 6.

For Aleutian Islands Area, see 5 AAC 1, art. 7.

For Alaska Peninsula Area, see 5 AAC 1, art. 8.

For Chignik Area, see 5 AAC 1, art. 9.

For Kodiak Area, see 5 AAC 1, art. 10.

For Cook Inlet Area, see 5 AAC 1, art. 11.

For Prince William Sound Area, see 5 AAC 1, art. 12.

For Yakutat Area, see 5 AAC 1, art. 13.

For Southeastern Alaska Area, see 5 AAC 1, art. 14.

For statewide provisions, see 5 AAC 2, art. 1.

For Southeastern Alaska-Yakutat Area, see 5 AAC 2, art. 2.

For Prince William Sound Area, see 5 AAC 2, art. 3.

For Cook Inlet Area, see 5 AAC 2, art. 4.

For Kodiak Area, see 5 AAC 2, art. 5.

For Alaska Peninsula-Aleutian Islands Area, see 5 AAC 2, art. 6.

For Bering Sea Area, see 5 AAC 2, art. 7.

For salmon fishery, see 5 AAC 4, art. 3.

For salmon fishery, see 5 AAC 5, art. 3.

For salmon fishery, see 5 AAC 6, art. 3.

For salmon fishery, see 5 AAC 7, art. 3.

For salmon fishery, see 5 AAC 18, art. 3.

For salmon fishery, see 5 AAC 24, art. 3.

For registration areas, see 5 AAC 27, art. 1.

For registration areas, see 5 AAC 28, art. 1.

For registration areas, see 5 AAC 31, art. 1.

For registration areas, see 5 AAC 32, art. 1.

For registration areas, see 5 AAC 34, art. 1.

For Registration Area A (Southeastern), see 5 AAC 34, art. 5.

For Registration Area D (Yakutat), see 5 AAC 34, art. 6.

For Registration Area O (Aleutian Islands Area), see 5 AAC 34, art. 11.

For registration areas, see 5 AAC 35, art. 1.

For Registration Area J (Westward), see 5 AAC 35, art. 10.

For seasons and bag limits, see 5 AAC 85, art. 2.

For licenses, harvest tickets, harvest reports, tags, and fees, see 5 AAC 92, art. 2.

For permits, see 5 AAC 92, art. 3.

For methods and means, see 5 AAC 92, art. 4.

For intensive management, see 5 AAC 92, art. 5.

For possession and transportation, see 5 AAC 92, art. 6.

For use of game, see 5 AAC 92, art. 7.

For restricted areas, see 5 AAC 92, art. 12.

For definitions, see 5 AAC 92, art. 20.

For adoption of fish and game regulations, see 5 AAC 96, art. 5.

For subsistence uses, see 5 AAC 99.

Editor’s notes. —

Sections 3 and 12, ch. 1, SSSLA 1992, which provided for a delayed amendment of this section, were repealed by §§ 1 and 2, ch. 1, FSSLA 1998 before the delayed amendment took effect.

Sec. 16.05.259. No subsistence defense.

In a prosecution for the taking of fish or game in violation of a statute or regulation, it is not a defense that the taking was done for subsistence uses.

History. (§ 7 ch 52 SLA 1986)

Revisor’s notes. —

Formerly AS 16.05.261 . Renumbered in 1987.

Sec. 16.05.260. Advisory committees.

The Board of Fisheries and the Board of Game may adopt regulations they consider advisable in accordance with AS 44.62 (Administrative Procedure Act) establishing, at places in the state designated by the individual boards, advisory committees to be composed of persons well informed on the fish or game resources of the locality. The boards shall set the number and terms of each of the members of the advisory committees, shall delegate one member of each committee as chairman, and shall give the chairman authority to hold public hearings on fish or game matters. Recommendations from the advisory committees shall be forwarded to the appropriate board for their consideration but if the Board of Fisheries or the Board of Game chooses not to follow the recommendations of the local advisory committee the appropriate board shall inform the appropriate advisory committee of this action and state the reasons for not following the recommendations. The commissioner shall delegate authority to advisory committees for emergency closures during established seasons. The commissioner is empowered to set aside and make null and void only opening of seasons set by the advisory committees under this section. The appropriate board shall adopt the necessary regulations governing these closures.

History. (§ 6(7) art I ch 94 SLA 1959; am § 4 ch 206 SLA 1975)

Administrative Code. —

For fish and game advisory committees, see 5 AAC 96.

For local fish and game advisory committees, see 5 AAC 96, art. 1.

For regional fish and game councils, see 5 AAC 96, art. 2.

For administration of local fish and game committees, see 5 AAC 96, art. 3.

For administration of regional fish and game councils, see 5 AAC 96, art. 4.

For adoption of fish and game regulations, see 5 AAC 96, art. 5.

For areas of jurisdiction, see 5 AAC 97, art. 1.

For emergency closures, see 5 AAC 97, art. 2.

For areas of jurisdiction, see 5 AAC 98, art. 1.

Opinions of attorney general. —

For discussion of compatibility of state local-participation law with local-participation standards of Alaska National Interest Lands Conservation Act (16 U.S.C. § 3115 et seq.), see 1981 Alas. Op. Att'y Gen. No. 11.

This section does not preclude a board from “determining” the necessity for submitting plans and specifications by regulation rather than on a case-by-case basis. March 4, 1982 Op. Att’y Gen.

Under this section, it is probably possible for the Board of Game to create an advisory committee for marine mammals, and the committee might be able to have some limited emergency closing authority by delegation from the commissioner. However, although state law regarding delegation to private entities is not entirely clear, it is probably impermissible for the board to delegate carte blanche discretionary authority to an advisory committee to adopt regulations. Mar. 14, 1988 Op. Att’y Gen.

A marine mammal advisory committee could develop a management plan, which should then, if approved, be adopted by the board by regulation. The commissioner probably could enter into a cooperative agreement with the committee to help administer the plan. Mar. 14, 1988 Op. Att’y Gen.

Sec. 16.05.261. [Renumbered as AS 16.05.259.]

Sec. 16.05.270. Delegation of authority to commissioner.

For the purpose of administering AS 16.05.251 and 16.05.255 , each board may delegate authority to the commissioner to act in its behalf. If there is a conflict between the board and the commissioner on proposed regulations, public hearings shall be held concerning the issues in question. If, after the public hearings, the board and the commissioner continue to disagree, the issue shall be certified in writing by the board and the commissioner to the governor who shall make a decision. The decision of the governor is final.

History. (§ 6 art I ch 94 SLA 1959; am § 5 ch 206 SLA 1975)

Administrative Code. —

For Registration Area E (Prince William Sound), see 5 AAC 31, art. 7.

For registration areas, see 5 AAC 35, art. 1.

For Registration Area A (Southeastern Alaska), see 5 AAC 38, art. 5.

For aquarium stocking, see 5 AAC 41, art. 5.

For Southeast Alaska Area, see 5 AAC 47.

For trapping seasons and bag limits, see 5 AAC 84, art. 7.

For permits, see 5 AAC 92, art. 3.

For methods and means, see 5 AAC 92, art. 4.

For intensive management, see 5 AAC 92, art. 5.

For use of game, see 5 AAC 92, art. 7.

For special areas, see 5 AAC 95, art. 4.

Sec. 16.05.280. Removal of board members.

The governor may only remove a board member for inefficiency, neglect of duty, or misconduct in office, or because the member while serving on the board is convicted of a misdemeanor for violating a statute or regulation related to fish or game or of a felony, and shall do so by delivering to the member a written copy of the charges and giving the member an opportunity to be heard in person or through counsel at a public hearing before the governor or a designee upon at least 10 days’ notice by registered mail. The member may confront and cross-examine adverse witnesses. Upon removal, the governor or a designee shall file in the proper state office the findings and a complete statement of all charges made against the member.

History. (§ 7 art I ch 94 SLA 1959; am § 3 ch 121 SLA 1992)

Sec. 16.05.290. Compensation of board members.

Each member of a board is entitled to compensation at a rate equal to Step A, Range 20, of the salary schedule in AS 39.27.011(a) for Juneau, Alaska, for each day going to and from and for each day in actual attendance at board meetings. For other meetings or conferences authorized by a board a member shall receive compensation at a rate equal to one-half of Step A, Range 20, of the salary schedule in AS 39.27.011(a) for Juneau, Alaska, for each day going to and from and for each day in actual attendance. Each member of a board is also entitled to travel expenses and per diem authorized for boards and commissions under AS 39.20.180 .

History. (§ 8 art I ch 94 SLA 1959; am § 6 ch 206 SLA 1975; am § 1 ch 81 SLA 1980; am § 4 ch 121 SLA 1992)

Sec. 16.05.300. Board meetings.

1. Each board shall hold at least one meeting a year and as many other meetings as it considers necessary.  Each board shall select the time and place in the state for the transaction of business.  Each board shall maintain its office at the principal office of the department.
2. In addition, the Board of Fisheries shall hold at least one meeting or hearing a year in each of the following general areas:
   1. Upper Yukon — Kuskokwim — Arctic
   2. Western Alaska (including Kodiak)
   3. Southcentral
   4. Prince William Sound (including Yakutat)
   5. Southeast.

History. (§ 9 art I ch 94 SLA 1959; am § 1 ch 82 SLA 1968; am § 7 ch 206 SLA 1975)

Administrative Code. —

For adoption of fish and game regulations, see 5 AAC 96, art. 5.

Sec. 16.05.305. Clerical assistance for boards.

The Board of Fisheries and the Board of Game are authorized to hire and set the compensation for one clerical assistant for each board.

History. (§ 8 ch 206 SLA 1975)

Sec. 16.05.310. Special board meetings.

A board may meet at any time upon the call of the commissioner or upon the request of two board members.

History. (§ 6 art I ch 94 SLA 1959; am § 9 ch 206 SLA 1975)

Administrative Code. —

For adoption of fish and game regulations, see 5 AAC 96, art. 5.

Sec. 16.05.315. Joint board meetings.

The Board of Fisheries and the Board of Game may hold a joint meeting upon the call of the commissioner or a board to resolve any conflicts in regulations of the boards and to consider matters, as determined by the commissioner or a board, that require the consideration of both boards.

History. (§ 10 ch 206 SLA 1975)

Administrative Code. —

For adoption of fish and game regulations, see 5 AAC 96, art. 5.

Sec. 16.05.320. Quorum.

A majority of the members of a board constitutes a quorum for the transaction of business, for the performance of any duty, and for the exercise of any power. However, a majority of the full board membership is required to carry all motions, regulations, and resolutions. A majority of the members of the boards of fisheries and game constitute a quorum for the transaction of business in a joint board meeting. A majority of the membership of the boards is required to carry all joint motions, regulations, and resolutions of the boards.

History. (§ 10 art I ch 94 SLA 1959; am § 3 ch 71 SLA 1973; am § 11 ch 206 SLA 1975)

Sec. 16.05.330. Licenses, tags, and subsistence permits; immunity for damage to electronic devices.

1. Except as otherwise permitted in this chapter, without having the appropriate license, tag, or permit in actual possession, a person may not engage in
   1. sport fishing, including the taking of razor clams;
   2. hunting or trapping;
   3. the farming of fish, fur, or game;
   4. taxidermy or fur dealing; or
   5. control of nuisance wild birds and nuisance wild small mammals for compensation.
2. When obtaining the appropriate license or tag in (a) of this section, an applicant who asserts residency in the state shall provide the license vendor with the proof of residence that the department requires by regulation.
3. The Board of Fisheries and the Board of Game may adopt regulations providing for the issuance and expiration of subsistence permits for areas, villages, communities, groups, or individuals as needed for authorizing, regulating, and monitoring the subsistence harvest of fish and game. The boards shall adopt these regulations when the subsistence preference requires a reduction in the harvest of a fish stock or game population by nonsubsistence users.
4. A person may not receive a sport fishing, hunting, or trapping license or other permit or tag issued under AS 16.05.330 — 16.05.430 , if the person’s right to obtain, or exercise the privileges granted by, a sport fishing, hunting, or trapping license is suspended or revoked in another state. A person who applies for a sport fishing, hunting, or trapping license or other permit or tag issued under AS 16.05.330 — 16.05.430 shall sign a statement that the person’s right to obtain, or exercise the privileges granted by, a sport fishing, hunting, or trapping license is not suspended or revoked in another state.
5. [Repealed, § 2 ch 39 SLA 2001.]
6. A person charged with violating (a)(1) or (2) of this section for failure to have a license in actual possession may not be convicted if the person provides, not later than 30 days after the issuance of the citation, evidence satisfactory to the arresting or citing agency of a license previously issued to the person that was valid at the time of the offense.
7. A license in actual possession may be in paper or electronic form.
8. A peace officer presented with an electronic device under (g) of this section is immune from any liability resulting from damage to the device, except that a peace officer may be liable for civil damages that are the result of the peace officer’s intentional misconduct.

History. (§ 1 art II ch 94 SLA 1959; am § 1 ch 61 SLA 1962; am § 1 ch 42 SLA 1968; am § 1 ch 140 SLA 1968; am § 8 ch 52 SLA 1986; am § 16 ch 30 SLA 1992; am § 7 ch 106 SLA 1992; am § 6 ch 132 SLA 1998; am § 2 ch 39 SLA 2001; am § 2 ch 132 SLA 2003; am §§ 1, 2 ch 54 SLA 2018)

Administrative Code. —

For seasons and bag limits, see 5 AAC 85, art. 2.

For permits, see 5 AAC 92, art. 3.

For emergency taking, see 5 AAC 92, art. 9.

For licensing, see 15 AAC 116, art. 2.

Effect of amendments. —

The 2018 amendment, effective July 14, 2018, in the introductory language in (a), added “, or permit” following “license, tag” and made related changes, in (a)(2), deleted “, or fur dealing” at the end, and made related changes, in (a)(4), inserted “or fur dealing” following “taxidermy”; added (f) — (h).

Although the 2018 amendment was to have taken effect July 1, 2018, under sec. 4, ch. 54, SLA 2018, the governor did not sign the bill until July 13, 2018, and so the actual effective date of the amendment was July 14, 2018, under AS 01.10.070(d) .

Opinions of attorney general. —

Alaska’s fish and game laws are applicable as federal law on military reservations. 1964 Alas. Op. Att'y Gen. No. 2.

Hunting or fishing at a military reservation must be in accord with Alaska laws regulating seasons, bag limits, methods of taking, etc., but military personnel are not required to comply with licensing requirements while on reservation. 1964 Alas. Op. Att'y Gen. No. 2.

Since AS 16.05.940 (14) [now (28)] does not grant special resident privileges to military personnel, which is a requisite for requiring them to purchase licenses for use on military reservations under 10 U.S.C. 2671(a)(2), they cannot be required to do so. 1964 Alas. Op. Att'y Gen. No. 2.

Construing this section and AS 16.05.340 against federal law ( 10 U.S.C. § 2671(a)), a member of the military who does not qualify as a resident under AS 16.05.940 is not required to obtain an Alaska trapping license to trap on military lands. 1977 Alas. Op. Att'y Gen. No. 21.

Sec. 16.05.331. Elk farming. [Renumbered as AS 16.40.050.]

Sec. 16.05.332. Wildlife Violator Compact.

The Wildlife Violator Compact as contained in this section is enacted into law and entered into on behalf of the State of Alaska with any other states legally joining it in a form substantially as follows:

History. (§ 1 ch 87 SLA 2008)

Sec. 16.05.334. Application of Wildlife Violator Compact.

The provisions of AS 16.05.332 do not apply to violations involving

1. commercial fishing; or
2. commercial activities of providers of services to big game hunters; for purposes of this section, “services to big game hunters” has the meaning given to “big game hunting services” under AS 08.54.790 .

History. (§ 2 ch 87 SLA 2008)

Sec. 16.05.335. Complimentary licenses.

The commissioner shall annually, at the request of the governor, provide the governor with not more than 50 complimentary fishing and hunting licenses and appropriate big game tags which the governor may distribute to distinguished visitors to the state for their use in any one season during their visits to the state. The complimentary license for sport fishing or hunting or both shall be inscribed by the governor with the inclusive dates for its authorized use. The governor shall advise the department on any complimentary issuances, which information shall be available to the public.

History. (§ 1 art II ch 94 SLA 1959; am § 1 ch 61 SLA 1962; am § 1 ch 31 SLA 1963; am § 1 ch 6 SLA 1965; am E.O. No. 73 § 2 (1989))

Sec. 16.05.340. License, permit, and tag fees; surcharge; miscellaneous permits to take fish and game.

1. Fees for licenses, permits, and tags are as follows:
   1. Resident sport fishing license   . . . . .  $ 20  However, the fee is 50 cents for a resident who is blind.
   2. Resident hunting license   . . . . .  35
   3. Resident hunting and trapping license   . . . . .  55
   4. Resident trapping license   . . . . .  25
   5. Resident hunting and sport fishing license   . . . . .  50
   6. Resident hunting, trapping, and sport fishing license   . . . . .  75;
      1. however, the fee is $5 for an applicant who has an annual family or household income equal to or less than the most recent poverty guidelines for the state set by the United States Department of Health and Human Services for the year preceding application;
      2. a person paying $5 for a resident hunting, trapping, and sport fishing license must provide proof of eligibility under this paragraph when requested by the department.
   7. Nonresident sport fishing license — valid for the period inscribed on the license
      1. For 14-day license   . . . . .  75
      2. For seven-day license   . . . . .  45
      3. For three-day license   . . . . .  30
      4. For one-day license   . . . . .  15
   8. Nonresident annual sport fishing license   . . . . .  100
   9. Nonresident hunting license   . . . . .  130
   10. [Repealed, § 10 ch 74 SLA 1997.]
   11. Nonresident hunting and trapping license   . . . . .  375
   12. Fur dealers
       1. Resident fur dealer biennial license   . . . . .  150
       2. Nonresident fur dealer biennial license   . . . . .  500
   13. Taxidermists
       1. Resident taxidermy biennial license   . . . . .  200
       2. Nonresident taxidermy biennial license   . . . . .  500
   14. Aquatic farming triennial license   . . . . .  400
   15. Nonresident big game tagsA nonresident may not take a big game animal without previously purchasing a numbered, nontransferable, appropriate tag, issued under this paragraph. The tag must be affixed to the animal before leaving the kill site and must remain affixed until the animal is prepared for storage, consumed, or exported. A tag issued but not used for an animal may be used to satisfy the tagging requirement for an animal of any other species for which the tag fee is of equal or less value.
       1. Bear, black, each   . . . . .  450
       2. Bear, brown or grizzly, each   . . . . .  1,000
       3. Bison, each   . . . . .  900
       4. Caribou, each   . . . . .  650
       5. Deer, each   . . . . .  300
       6. Elk, each   . . . . .  600
       7. Goat, each   . . . . .  600
       8. Moose, each   . . . . .  800
       9. Sheep, each   . . . . .  850
       10. Wolf, each   . . . . .  60  A nonresident is not required to have a nonresident wolf tag to take a wolf in a game management unit if the Board of Game has adopted an intensive management program under  AS 16.05.255(e) for all or a portion of the game management unit.
       11. Wolverine, each   . . . . .  350
       12. Musk oxen, each   . . . . .  2,200
   16. Resident big game tags
       1. Bear, brown or grizzly, each   . . . . .  25  The Board of Game may, by regulation effective for not more than one year, eliminate the resident brown or grizzly bear tag and fee for all or a portion of a game management unit.
       2. Musk oxen, each   . . . . .  500  However, the Board of Game may by regulation reduce or eliminate the resident big game tag and fee for musk oxen for all or a portion of a game management unit.
   17. Waterfowl conservation tag   . . . . .  10
       1. A person may not engage in waterfowl hunting without having the current year’s waterfowl tag in the person’s actual possession, unless that person
          1. qualifies for a $5 license fee under (6) of this subsection;
          2. is a resident under 18 years of age;
          3. is 60 years of age or older and is a resident;
          4. is a disabled veteran eligible for a free license under  AS 16.05.341 .
       2. The Board of Game shall by regulation exempt the requirement of a waterfowl conservation tag for waterfowl hunting in areas of the state not likely to benefit from programs described in  AS 16.05.130(b)(2) — (4).
   18. Game farming
       1. Game mammal or game reptile farming biennial license   . . . . .  250
       2. Game bird farming biennial license   . . . . .  50
   19. Nonresident small game hunting license   . . . . .  30
   20. Nonresident alien hunting license   . . . . .  600  A nonresident alien may not take a big game animal without previously purchasing a numbered, nontransferable, appropriate tag, issued under (21) of this subsection. The tag must be affixed to the animal before leaving the kill site and must remain affixed until the animal is prepared for storage, consumed, or exported. A tag issued but not used for an animal may be used to satisfy the tagging requirement for an animal of any other species for which the tag fee is of equal or less value.
   21. Nonresident alien big game tags
       1. Bear, black, each   . . . . .  600
       2. Bear, brown or grizzly, each   . . . . .  1,300
       3. Bison, each   . . . . .  1,300
       4. Caribou, each   . . . . .  850
       5. Deer, each   . . . . .  400
       6. Elk, each   . . . . .  800
       7. Goat, each   . . . . .  800
       8. Moose, each   . . . . .  1,000
       9. Musk oxen, each   . . . . .  3,000
       10. Sheep, each   . . . . .  1,100
       11. Wolf, each   . . . . .  100  A nonresident alien is not required to have a nonresident alien wolf tag to take a wolf in a game management unit if the Board of Game has adopted an intensive management program under  AS 16.05.255(e) for all or a portion of the game management unit.
       12. Wolverine, each   . . . . .  500
   22. Chitina dip net fishing permit   . . . . .  15  The members of the family of a person who has obtained a Chitina dip net fishing permit are not required to have a Chitina dip net fishing permit while they are engaged in dip net fishing at Chitina if they are engaged in fishing in the presence of the person and the person has the Chitina dip net fishing permit in the person’s physical possession. In this paragraph, “family” means persons who are related by blood, marriage, or adoption and who live in the same household on a permanent basis.
   23. Resident anadromous king salmon tag   . . . . .  10  A resident may not engage in sport fishing for anadromous king salmon without having the current year’s anadromous king salmon tag in the resident’s actual possession, unless that person
       1. qualifies for a 50 cent license fee under (1) of this subsection;
       2. is under 18 years of age;
       3. is 60 years of age or older and has been a resident of the state for at least one year;
       4. is a disabled veteran eligible for a free license under  AS 16.05.341 ; or
       5. qualifies for a $5 license fee under (6) of this subsection.
   24. Nonresident anadromous king salmon tag — valid for the period inscribed on the tag
       1. for a one-day tag   . . . . .  15
       2. for a three-day tag   . . . . .  30
       3. for a seven-day tag   . . . . .  45
       4. for a 14-day tag   . . . . .  75
       5. for an annual tag   . . . . .  100  A nonresident may not engage in sport fishing for anadromous king salmon without having a valid anadromous king salmon tag in the person’s actual possession, unless that person is under 16 years of age. Members of the military service on active duty who are permanently stationed in the state, and their dependents, who do not qualify as residents under  AS 16.05.415 , may obtain an annual nonresident military anadromous king salmon tag for $30.
   25. Nuisance wild animal control license   . . . . .  100
   26. [Repealed, § 8, ch. 70, SLA 2004.]
   27. [Repealed, § 5 ch 30 SLA 2016.]
2. The commissioner may issue without cost a permit to collect fish and game, including fur animals, subject to limitations and provisions that are appropriate, for a scientific, propagative, or educational purpose. The commissioner also may issue without cost a permit for the noncommercial control of nuisance wild birds or nuisance wild small mammals. The commissioner also may issue a permit for the collection of bivalve spat for use in connection with an aquatic farm. In addition, the commissioner shall issue a permit for the collecting of wild fur animals for improving the genetic stock of fur farm animals. Permits issued under this subsection shall be in accordance with current sustained yield management practices for the species of wild game for which the permit is requested. The annual permit fee for an Alaska resident to collect wild fur animals for fur farming purposes is the same as the fee for resident trappers.
3. The commissioner may issue a duplicate license or a duplicate tag as a replacement for a license or tag issued under (a) of this section. A fee of $5 shall be charged for each duplicate license or tag; however, a fee of $2 shall be charged for each duplicate of reduced fee license issued to an indigent or low income person under (a)(6) of this section. The duplicate license or tag may not be issued unless the commissioner or a delegate is satisfied that the original has been lost or destroyed.
4. Members of the military service or the United States Coast Guard on active duty who are permanently stationed in the state, and their dependents, who do not qualify as residents under  AS 16.05.415 , may obtain special nonresident military hunting and sport fishing licenses at the rates for resident hunting and sport fishing licenses. A person who obtains a special nonresident military hunting license under this subsection is exempt from the requirements of (a)(15) of this section, but may not take a big game animal for which a tag is required under (a)(16) of this section or a mountain goat or sheep without previously purchasing a numbered, nontransferable appropriate tag, issued at the resident rate, under (a)(16) of this section. A person who obtains a special nonresident military hunting license under this subsection may obtain a numbered, nontransferable tag for mountain goat or sheep at no cost.
5. [Repealed, § 27 ch 71 SLA 1986.]
6. [Repealed, § 4 ch 81 SLA 1992.]
7. A hunting, trapping, or fishing license, tag, or permit for which a fee is authorized under this section or for which the fee is waived or modified under  AS 16.05.330 — 16.05.430 may be issued only to a natural person.
8. Subject to regulations adopted by the Board of Game, a person who holds a nuisance wild animal control license may engage in the control of nuisance wild birds and nuisance wild small mammals for compensation.
9. If the commissioner determines that residents of the state are entitled to obtain licenses for sport fishing, including sport fishing for anadromous king salmon, in Yukon, Canada, for the same fees that are charged to residents of Yukon for comparable sport fishing licenses, the commissioner may adopt regulations authorizing residents of Yukon to receive
   1. nonresident annual sport fishing licenses for the fees charged to residents under (a) of this section for a resident sport fishing license; and
   2. nonresident anadromous king salmon annual tags for the fee charged to residents under (a) of this section for a resident anadromous king salmon tag.
10. [Repealed, §  34 ch 18 SLA 2016.]
11. In addition to the fees for a hunting license set out in (a) and (d) of this section, each person who purchases a hunting license shall pay an intensive management surcharge as set out in this subsection for the purpose of providing funding for the intensive management of the state's game populations under  AS 16.05.255(e) . A person who is eligible for a $5 resident hunting, trapping, and sport fishing license under (a)(6) of this section or a free license under  AS 16.05.341 is exempt from payment of the surcharge imposed under this subsection. The amount of the surcharge attached to each hunting license must be clearly disclosed on the license. Except as otherwise provided by this subsection, the intensive management surcharge for each
    1. resident hunting license available under this section is $10; and
    2. nonresident hunting license available under this section is $30.

History. (§ 2 art II ch 94 SLA 1959; am § 1 ch 96 SLA 1959; am §§ 7 — 13 ch 131 SLA 1960; am § 1 ch 16 SLA 1963; am § 1 ch 29 SLA 1963; am § 2 ch 31 SLA 1963; am §§ 2, 3 ch 75 SLA 1964; am § 1 ch 83 SLA 1966; am § 2 ch 32 SLA 1968; am § 1 ch 4 SLA 1972; am §§ 1, 2 ch 180 SLA 1972; am §§ 2, 3 ch 82 SLA 1974; am § 1 ch 198 SLA 1976; am §§ 1, 2 ch 268 SLA 1976; am §§ 1, 2 ch 73 SLA 1979; am § 2 ch 19 SLA 1980; am §§ 1, 2, 4 ch 57 SLA 1980; am §§ 16, 17 ch 94 SLA 1980; am §§ 1 — 6 ch 40 SLA 1982; am §§ 2, 3 ch 23 SLA 1983; am § 1 ch 35 SLA 1983; am § 3 ch 71 SLA 1984; am §§ 15 — 17 ch 81 SLA 1984; am §§ 3 — 5 ch 96 SLA 1984; am §§ 12, 13 ch 132 SLA 1984; am § 27 ch 71 SLA 1986; am § 3 ch 70 SLA 1987; am §§ 4, 5 ch 88 SLA 1987; am § 2 ch 6 SLA 1989; am E.O. No. 73 § 3 (1989); am §§ 1 — 3 ch 28 SLA 1990; am §§ 3 — 14 ch 211 SLA 1990; am § 14 ch 21 SLA 1991; am § 2 ch 2 FSSLA 1992; am § 4 ch 81 SLA 1992; am § 44 ch 63 SLA 1993; am § 3 ch 9 SLA 1994; am § 16 ch 30 SLA 1996; am § 1 ch 38 SLA 1997; am §§ 1, 2 ch 70 SLA 1997; am §§ 2 — 8, 10 ch 74 SLA 1997; am §§ 68, 69 ch 21 SLA 2000; am § 2 ch 50 SLA 2000; am § 1 ch 118 SLA 2003; am §§ 3 — 5 ch 132 SLA 2003; am § 1 ch 4 SLA 2004; am § 1 ch 70 SLA 2004; am §§ 3, 4 ch 94 SLA 2005; am § 1 ch 51 SLA 2008; am § 1 ch 59 SLA 2010; am §§ 4 — 22 ch 18 SLA 2016; am §§ 1, 5 ch 30 SLA 2016)

Revisor's notes. —

Paragraphs (a)(3) and (4) were formerly (a)(3)(A) and (3)(B) respectively. Renumbered in 1983, at which time the remaining paragraphs in (a) were renumbered accordingly.

Section 33, ch. 18, SLA 2016, would have repealed subsection (k), effective December 31, 2022; however, section 33 was subsequently repealed by sec. 1, ch. 26, SLA 2021, effective November 23, 2021, which had the effect of continuing subsection (k).

Cross references. —

For findings, purpose, and intent relating to the 2000 amendment of (a)(22) of this section, see sec. 1, ch. 50, SLA 2000 in the 2000 Temporary and Special Acts.

For provision imposing a duty on the commissioner of revenue to provide information about the bonds issued under AS 37.15.765 — 37.15.799 and the date that the principal amount of those bonds, together with the interest on them and any interest owing on unpaid installments of interest, and all other obligations with respect to the bonds, are fully met and discharged, see § 6(a), ch. 94, SLA 2005, in the 2005 Temporary and Special Acts.

Administrative Code. —

For aquatic farming, see 5 AAC 41, art. 4.

For aquarium stocking, see 5 AAC 41, art. 5.

For licenses, harvest tickets, harvest reports, tags, and fees, see 5 AAC 92, art. 2.

For permits, see 5 AAC 92, art. 3.

For emergency taking, see 5 AAC 92, art. 9.

For educational fishery program, see 5 AAC 93, art. 2.

For license officers, see 15 AAC 116, art. 1.

Effect of amendments. —

The 2021 amendment, effective November 23, 2021, repealed the delayed repeal of (k).

Legislative history reports. —

For legislative letter of intent in connection with the amendment to (a)(6) of this section by § 1, ch. 28, SLA 1990 (HCS CSSB 30(Fin)), see 1990 House Journal 2733.

Opinions of attorney general. —

Construing subsection (d) with federal law ( 10 U.S.C. § 2671(a)), a member of the military who does not qualify as a resident under AS 16.05.940 is required to obtain an Alaska sport fishing license to engage in sport fishing on military lands. 1977 Alas. Op. Att'y Gen. No. 21.

Construing AS 16.05.330 and this section with federal law ( 10 U.S.C. § 2671(a)), a member of the military who does not qualify as a resident under AS 16.05.940 is not required to obtain an Alaska trapping license to trap on military lands. 1977 Alas. Op. Att'y Gen. No. 21.

The special small game hunting license for military personnel authorized by subsection (d) may not be used for hunting all game (including big game) once the holder achieves resident status. 1977 Alas. Op. Att'y Gen. No. 21.

The terms “scientific,” “propagative,” and “educational” in this statute should be read as addressing purposes similar to those in AS 16.05.050 (6), and the term “propagative,” in the context of “scientific” or “educational” purposes, does not appear to include the holding of game animals as pets. Apr. 2, 1987 Op. Att’y Gen.

Sec. 16.05.341. Free license for disabled veterans and active members of the Alaska National Guard and military reserves.

A person may receive a resident hunting and sport fishing license under AS 16.05.340(a)(5) without charge if the person

1. has been discharged from military service under honorable conditions, is eligible for a loan under AS 18.56.101 , and is certified by the United States Department of Veterans Affairs as having incurred a 50 percent or greater disability during military service;
2. served in the Alaska Territorial Guard, is eligible for a loan under AS 18.56.101 , and incurred a 50 percent or greater disability while serving in the Alaska Territorial Guard; or
3. is an active member of the
   1. Alaska National Guard;
   2. United States Army reserves;
   3. United States Air Force reserves;
   4. United States Navy reserves;
   5. United States Marine Corps reserves; or
   6. United States Coast Guard reserves.

History. (§ 1 ch 21 SLA 1982; am § 3 ch 93 SLA 1991; am § 70 ch 21 SLA 2000; am § 2 ch 51 SLA 2008)

Revisor’s notes. —

Enacted as the second sentence of former AS 16.05.340(a)(4) . Renumbered in 1982.

Sec. 16.05.343. Auctions or raffles for big game harvest permits.

1. The department may donate each year for a competitive auction or raffle harvest permits for four elk from the Etolin Island herd and one bison. The donation may be made only to a nonprofit corporation established to promote education in outdoor traditions and conservation and wildlife protection programs in partnership with the department, subject to the terms of a memorandum of agreement developed by the department.
2. [Repealed, § 4 ch 47 SLA 2014.]
3. The department, subject to regulations adopted by the commissioner, may issue, through a competitive auction or raffle, up to three harvest permits each year for Dall sheep, up to two harvest permits each year for bison, and up to four harvest permits each year for each of the following big game species: musk ox, brown or grizzly bear, black bear, moose, caribou, goat, elk, and wolf. Notwithstanding AS 36.30, the department may authorize a qualified organization selected under (e) of this section to conduct the auction or raffle on behalf of the department. If the department does authorize a qualified organization to conduct an auction or raffle for a big game species, the department shall make available to a qualified organization at least one harvest permit for that species. If the auction or raffle is conducted by a qualified organization, the organization may retain an amount from the gross proceeds of the auction or raffle equal to the administrative cost of the auction or raffle plus an amount not to exceed 30 percent of the net proceeds. The percent of the proceeds from the auction or raffle of a big game harvest permit retained by the organization may be used only to support outdoor tradition education projects and conservation and wildlife protection programs approved by the department and may not be used to make a contribution to any candidate for political office or to any organization supporting or opposing ballot propositions or to pay expenses associated with lobbying the legislature or administration. All proceeds from the auction or raffle of the big game harvest permit less the amount that is retained by a qualified organization under this subsection shall be deposited in the fish and game fund under AS 16.05.100 . A person who is issued a big game harvest permit under this subsection shall receive upon the person’s request a complimentary hunting license and a big game tag for the big game species for which the big game harvest permit is issued. A hunting license issued under this subsection must bear the inscription “Governor’s license” or a similar designation. A person who receives a big game harvest permit, hunting license, or big game tag under this subsection may exercise the privileges conveyed by the permit, license, or tag only in accordance with applicable law. In this subsection, “qualified organization” means an organization selected under (e) of this section.
4. Auctions and raffles of harvest permits authorized under this section are not subject to AS 05.15.
5. The department may select a nonprofit organization that promotes education in outdoor traditions and that conducts conservation and wildlife protection programs to conduct auctions or raffles for the department under (c) of this section. An organization selected under this subsection is a qualified organization for purposes of (c) of this section if the organization
   1. is incorporated in the state as a nonprofit corporation; and
   2. in the judgment of the department, demonstrates support for a state-based model through a user-pays system based on sustained yield and use principles.

History. (§ 1 ch 30 SLA 1989; am § 1 ch 82 SLA 1996; am §§ 1 — 4 ch 47 SLA 2014)

Administrative Code. —

For permits, see 5 AAC 92, art. 3.

Sec. 16.05.345. Musk oxen. [Repealed, § 4 ch 57 SLA 1980.]

Sec. 16.05.346. Permit applications.

1. If the Board of Game establishes an open season for musk oxen and has not reduced or eliminated the $500 resident tag and fee under AS 16.05.340(a)(16) , the department shall conduct a drawing for permits to take the musk oxen. If the Board of Game establishes an open season for musk oxen for which the Board of Game has reduced or eliminated the resident tag and fee, the department shall issue permits to take the musk oxen in the order in which applications are received by the department. The department may not charge a resident a fee for an application for a musk oxen permit for an open season in which the Board of Game has reduced or eliminated the resident tag and fee under AS 16.05.340(a)(16) . In all other cases, the application fee for a musk oxen permit is $10.
2. The application fee for a drawing permit issued by the department for the hunting of bison is $10.
3. Except as provided in (a) and (b) of this section, the permit application fee for all species for which a limited drawing is conducted is $5.
4. [Repealed, § 2 ch 39 SLA 2001.]

History. (§ 3 ch 57 SLA 1980; am § 1 ch 118 SLA 1984; am § 1 ch 5 SLA 1992; am § 7 ch 132 SLA 1998; am § 2 ch 39 SLA 2001; am § 2 ch 59 SLA 2010)

Revisor’s notes. —

Enacted as AS 16.05.345 . Renumbered in 1980.

Administrative Code. —

For seasons and bag limits, see 5 AAC 85, art. 2.

Sec. 16.05.350. Expiration of licenses, permits, and tags.

1. Licenses, permits, and tags required under AS 16.05.330 — 16.05.430 , except biennial licenses, triennial licenses, the nonresident sport fishing licenses, the resident trapping license, the nonresident anadromous king salmon tags, the waterfowl conservation tag, and permits having a different specified expiration date, expire at the close of December 31 following issuance.
2. Biennial licenses expire after December 31 of the year following the year of issuance.
3. Triennial licenses expire after December 31 of the second year following the year of issuance.
4. The resident trapping license expires at the close of September 30 of the year following the year in which the license is issued.
5. The waterfowl conservation tag expires at the close of January 31 of the year following the year of issue of the tag.

History. (§ 3 art II ch 94 SLA 1959; am § 1 ch 13 SLA 1964; am § 13 ch 71 SLA 1972; am § 4 ch 71 SLA 1984; am § 18 ch 81 SLA 1984; am § 14 ch 132 SLA 1984; am § 45 ch 63 SLA 1993; am § 17 ch 30 SLA 1996; am § 9 ch 74 SLA 1997)

Sec. 16.05.352. Fish and game conservation decal.

The department shall annually produce and make available to the public fish and game conservation decals. The department shall, by appropriate means, provide for the selection of designs for fish and game conservation decals and for the production and sale of the decals. The department may produce and sell different decals in quantities that the commissioner considers appropriate. Upon payment of a $20 fee, a person may purchase a fish and game conservation decal from the department. Subject to appropriation by the legislature, money received under this section may be used by the department to fund programs benefiting fish and wildlife conservation.

History. (§ 23 ch 18 SLA 2016)

Sec. 16.05.360. Commissioner charged with license issuance.

1. The commissioner or an authorized deputy shall issue each license and tag to a qualified person under written application containing such reasonable information as required by the commissioner. The commissioner shall designate the license and tag form or type. The form or type must be sufficient to identify and locate the applicant and establish the applicant’s status as to residency and citizenship. Each application shall be subscribed by the applicant.
2. [Repealed, § 2 ch 39 SLA 2001.]

History. (§ 4 art II ch 94 SLA 1959; am § 3 ch 31 SLA 1963; am E.O. No. 73 § 4 (1989); am §§ 8, 9 ch 132 SLA 1998; am §§ 1, 2 ch 39 SLA 2001)

Administrative Code. —

For license officers, see 15 AAC 116, art. 1.

For licensing, see 15 AAC 116, art. 2.

Sec. 16.05.370. Reports by licensees.

1. The commissioner may require a report to be made by each licensee concerning the time, manner, and place of taking fish and game, the kinds and quantity taken, and other information helpful in administering the fish and game resources of the state.
2. [Repealed, § 18 ch 37 SLA 1989.]
3. [Repealed, § 18 ch 37 SLA 1989.]

History. (§ 4 art II ch 94 SLA 1959; am § 4 ch 31 SLA 1963; am § 8 ch 160 SLA 1988; am § 18 ch 37 SLA 1989)

Administrative Code. —

For statewide provisions, see 5 AAC 1, art. 1.

For statewide provisions, see 5 AAC 2, art. 1.

For statewide provisions, see 5 AAC 77, art. 1.

For licenses, harvest tickets, harvest reports, tags, and fees, see 5 AAC 92, art. 2.

For possession and transportation, see 5 AAC 92, art. 6.

Sec. 16.05.380. Commissioner may appoint agents.

The commissioner may appoint state employees or other persons to take applications, issue licenses, permits, and tags, and collect fees. The commissioner is not liable for defalcation or failure to account for the fees collected by any person so appointed, but the commissioner shall require a bond in an adequate sum, conditioned upon faithfully accounting for all money collected. However, the commissioner may waive the bond requirements of an instrumentality of the United States or its agents and employees when the instrumentality or its agents or employees sell licenses, permits, or tags primarily to persons in the armed forces. Each person, upon appointment by the commissioner, may administer oaths on applications for licenses, permits, and tags.

History. (§ 5 art II ch 94 SLA 1959; am § 14 ch 131 SLA 1960; am § 5 ch 31 SLA 1963; am E.O. No. 73 § 5 (1989); am § 18 ch 30 SLA 1996)

Administrative Code. —

For license officers, see 15 AAC 116, art. 1.

Sec. 16.05.390. Fees and compensation for issuance of licenses, permits, and tags.

1. Except as provided in (e) of this section, an agent appointed by the commissioner under AS 16.05.380 to sell licenses, permits, and tags is entitled to
   1. retain five percent of the fee that is charged for a license, permit, or tag or 25 cents for each license, permit, or tag sold, whichever is greater; and
   2. compensation of $50 per year or $1 for each license, permit, or tag sold during the year, whichever is greater.
2. Each agent appointed to sell licenses, permits, or tags under AS 16.05.380 shall, as directed by the commissioner, transmit the proceeds from the sales of licenses, permits, and tags, except the amount authorized to be retained under (a)(1) of this section, together with a report of the sales, to the commissioner for deposit in the fish and game fund or the general fund.
3. On March 31, June 30, September 30, and December 31 of each year the commissioner shall calculate the compensation earned by an agent under (a)(2) of this section, minus the penalties assessed under (g) of this section.  If the compensation due exceeds $50, the commissioner shall pay the compensation not later than 30 days after the date for which the compensation was calculated.  If the compensation due is $50 or less, the commissioner shall pay the compensation not later than January 30 of the year following the year in which the compensation was earned.  The commissioner shall pay compensation only for sales of licenses, permits, or tags for which the commissioner has received the report and proceeds required to be transmitted under (b) of this section.
4. Compensation provided by this section shall be paid from appropriations made to the department.
5. The provisions of (a) of this section do not apply to a state employee appointed by the commissioner under AS 16.05.380 to sell licenses, permits, and tags.
6. Proceeds and reports under (b) of this section shall be transmitted to the commissioner by the last day of the month following the month in which the licenses, permits, and tags are sold, unless an alternative reporting schedule has been established by contract.
7. The commissioner may assess a penalty against an agent who does not transmit proceeds within the time allowed under (f) of this section.  The penalty is equal to one and one-half percent of the amount of proceeds due. The penalty may be assessed for each month or portion of a month that the proceeds are delinquent.  A penalty under this subsection shall be withheld from the agent’s compensation under (a)(2) of this section.

History. (§ 6 art II ch 94 SLA 1959; am § 15 ch 131 SLA 1960; am § 1 ch 82 SLA 1962; am § 6 ch 31 SLA 1963; am § 3 ch 268 SLA 1976; am § 1 ch 109 SLA 1982; am § 27 ch 14 SLA 1987; am E.O. No. 73 § 6 (1989); am §§ 1, 2 ch 21 SLA 1990; am § 46 ch 63 SLA 1993; am §§ 19 — 23 ch 30 SLA 1996)

Administrative Code. —

For license officers, see 15 AAC 116, art. 1.

Sec. 16.05.395. Sport fishing vessel registration.

A person may not use a vessel to provide sport fishing services unless the vessel is registered with the department and proof of registration is attached to and clearly visible on the vessel while the vessel is used to provide sport fishing services. The department shall register vessels used to provide sport fishing services, and provide proof of registration, without charge. The department may adopt regulations as the department finds necessary to implement this section.

History. (§ 2 ch 70 SLA 2004; am § 2 ch 30 SLA 2016)

Administrative Code. —

For fishing services and sport fishing guides, see 5 AAC 75, art. 4.

Effect of amendments. —

The 2016 amendment, effective January 1, 2017, substituted “A” for “For calendar year 2005 and subsequent calendar years, a”; deleted “under AS 16.40.260 – 16.40.299 ” preceding “unless the vessel”.

Sec. 16.05.400. Persons exempt from annual licensing requirements.

1. A license is not required of a resident under 18 years of age or a nonresident under 16 years of age for sport fishing nor is a license required of a resident under 18 years of age for hunting or trapping.
2. Upon request, and without charge, the commissioner shall issue a sport fishing, hunting, or trapping identification card to a resident who is 60 years of age or older. The commissioner shall issue a permanent identification card without charge to a person who qualifies by age and residence and who completes the forms required by the commissioner for implementation of this subsection. A person who is issued a permanent identification card under this subsection may not sport fish, hunt, or trap without having a valid identification card issued under this subsection or the appropriate license in possession.

History. (§ 9 art II ch 94 SLA 1959; am § 3 ch 180 SLA 1972; am § 1 ch 19 SLA 1980; am § 10 ch 67 SLA 1983; am E.O. No. 73 § 7 (1989); am § 4 ch 168 SLA 1990; am § 24 ch 18 SLA 2016)

Administrative Code. —

For licensing, see 15 AAC 116, art. 2.

Sec. 16.05.403. Special licenses and permits.

1. A resident hunting license, a resident sport fishing license, a resident subsistence fishing permit, or a resident personal use fishing permit indicating that the purchaser is blind may be obtained from the department upon payment of the fee prescribed in AS 16.05.330 — 16.05.430 and upon presentation of either an affidavit of the applicant stating that the applicant cannot distinguish light from darkness or an affidavit signed by a licensed physician or a licensed optometrist stating that the applicant’s central visual acuity does not exceed 20/200 in the better eye with correcting lenses or that the applicant’s widest diameter of visual field subtends an angle no greater than 20 degrees.
2. A resident who is a person with physical disabilities may obtain from the department upon payment of the fee prescribed in AS 16.05.330 — 16.05.430 and upon submission of satisfactory proof of physical disabilities a resident hunting license, a resident sport fishing license, a resident subsistence fishing permit, or a resident personal use fishing permit indicating that the purchaser is a person with physical disabilities.
3. A resident who is 65 years of age or older may obtain from the department upon payment of the fee prescribed in AS 16.05.330 — 16.05.430 and upon submission of satisfactory proof of age a resident hunting license, a resident sport fishing license, a resident subsistence fishing permit, or a resident personal use fishing permit indicating that the purchaser is a person who is 65 years of age or older. This subsection does not limit the right of a resident person who is 65 years of age or older to obtain a permanent identification card under AS 16.05.400(b) .
4. A resident who is a person with developmental disabilities may obtain from the department upon payment of the fee prescribed in AS 16.05.330 — 16.05.430 and upon submission of satisfactory proof of developmental disabilities a resident hunting license, a resident sport fishing license, a resident subsistence fishing permit, or a resident personal use fishing permit indicating that the purchaser is a person with developmental disabilities. This subsection does not require the department to issue a license or permit to a person with a developmental disability who is prohibited from possessing a firearm or ammunition under 18 U.S.C. 922 as a result of an involuntary commitment or an adjudication of mental illness or mental incompetence.

History. (§ 2 ch 81 SLA 1992; am §§ 25, 26 ch 18 SLA 2016)

Administrative Code. —

For statewide provisions, see 5 AAC 1, art. 1.

For statewide provisions, see 5 AAC 2, art. 1.

For statewide provisions, see 5 AAC 77, art. 1.

Sec. 16.05.404. Transferability of hunting permits awarded by drawing.

1. The department may transfer or reissue a hunting permit for a hunt that was originally awarded to a resident by drawing established by the Board of Game under AS 16.05.255(a) to a qualified substitute, if the person to whom the hunting permit was originally awarded has died and the person’s spouse, or if there is no spouse, an immediate family member of the decedent,
   1. applies for the hunting permit to be transferred or reissued to a qualified substitute named in the application; and
   2. provides proof acceptable to the department of the person’s death.
2. To qualify as a substitute under this section, an individual must be a state resident.
3. An application to transfer or reissue a hunting permit under this section may be made only before the end of the period during which the hunting permit is valid.
4. A hunting permit may only be transferred or reissued under this section to a substitute who is qualified under the conditions that applied to the person to whom the hunting permit was originally awarded. A hunting permit may be transferred or reissued under this section only for the specific hunt for which the permit was originally awarded.
5. In this section, “immediate family member” means a parent, sibling, or child related by blood, marriage, or adoption.

History. (§ 1 ch 18 SLA 2021)

Effective dates. —

Section 4, ch. 18, SLA 2021 makes this section effective July 14, 2021, in accordance with AS 01.10.070(c) .

Editor’s notes. —

Under sec. 3, ch. 18, SLA 2021, this section “applies to the transfer or reissuance of a hunting permit that was originally awarded before, on, or after July 14, 2021.”

Sec. 16.05.405. Taking fish and game by proxy.

1. Subject to regulations adopted by the Board of Fisheries or the Board of Game to implement this section, including regulations relating to or restricting seasons, areas, methods and means, and species, a resident may take fish or game harvested primarily for food on behalf of another person under this section.
2. Notwithstanding AS 16.05.420(c) , a resident holding a valid resident hunting license may take game on behalf of a person who is blind, a person with physical or developmental disabilities, or a person who is 65 years of age or older if the resident possesses on the resident’s person
   1. a document signed by the person on whose behalf the game is taken, stating that the resident possesses the person’s hunting license or permanent identification card issued under AS 16.05.400(b) in order to take game on behalf of that person; and
   2. the person’s
      1. resident hunting license issued under AS 16.05.403 or permanent identification card issued under AS 16.05.400(b) ; and
      2. harvest ticket, tag, stamp, or other document required by law as a condition of taking the game being hunted.
3. Notwithstanding AS 16.05.420(c) , a resident holding a valid noncommercial fishing license may take fish on behalf of a person who is blind, a person with physical or developmental disabilities, or a person who is 65 years of age or older if the resident possesses on the resident’s person
   1. a document signed by the person on whose behalf the fish is taken, stating that the resident possesses the person’s sport fishing license, subsistence fishing permit, personal use fishing permit, or permanent identification card issued under AS 16.05.400(b) in order to take fish on behalf of that person;
   2. the person’s
      1. resident sport fishing license issued under AS 16.05.403 or permanent identification card issued under AS 16.05.400(b) ;
      2. resident subsistence fishing permit issued under AS 16.05.403 ; or
      3. resident personal use fishing permit issued under AS 16.05.403; and
   3. all other documents issued to the person that are required by law as a condition of taking the fish being pursued.
4. A resident who takes fish or game on behalf of another person under this section may, subject to applicable regulations of the Board of Fisheries or the Board of Game, take the fish or game only under those conditions that would apply to the other person if the other person took the fish or game personally.
5. A resident who takes, or attempts to take, fish or game on behalf of a person under this section may also simultaneously engage in fishing or hunting for the resident’s use; however, the resident may not take or attempt to take fish or game by proxy for more than one person at a time. For the purposes of this subsection, a resident is engaged in taking, or attempting to take, fish or game by proxy while the resident has possession of
   1. another person’s
      1. license, permit, or identification card issued under AS 16.05.400(b) and all other documents issued to the person that are required by law as a condition of taking the fish or game being pursued; and
      2. signed document under (b)(1) or (c)(1) of this section; or
   2. fish or game taken on behalf of another person.
6. A resident who takes fish or game on behalf on another person under this section shall
   1. complete reports relating to the taking of the fish or game as required by the commissioner of fish and game under AS 16.05.370 ;
   2. deliver all parts of fish and game removed from the field to the person on whose behalf the fish or game was taken within a reasonable time after the fish or game is taken; and
   3. until the fish or game is delivered to the person on whose behalf the fish or game was taken, retain the person’s
      1. license or permit and all other documents issued to the person that are required by law as a condition of taking the fish or game; and
      2. signed document required under (b)(1) or (c)(1) of this section.

History. (§ 1 ch 9 SLA 1967; am E.O. No. 73 § 8 (1989); am § 3 ch 81 SLA 1992; am §§ 24 — 26 ch 30 SLA 1996; am §§ 27 — 29 ch 18 SLA 2016)

Administrative Code. —

For statewide provisions, see 5 AAC 1, art. 1.

For statewide provisions, see 5 AAC 2, art. 1.

For statewide provisions, see 5 AAC 77, art. 1.

For licenses, harvest tickets, harvest reports, tags, and fees, see 5 AAC 92, art. 2.

Legislative history reports. —

For the purpose of the amendments made to subsections (c), (e), and (f) by §§ 24-26, ch. 30, SLA 1996 (CSSB 310 (STA)), see 1996 Senate Journal Supp. No. 15 (June 27, 1996).

Sec. 16.05.407. Nonresident hunting big game animals must be accompanied.

1. It is unlawful for a nonresident to hunt, pursue, or take brown bear, grizzly bear, mountain goat, or sheep in this state, unless personally accompanied by
   1. a person who is licensed as
      1. a registered guide-outfitter or a master guide-outfitter under AS 08.54 and who is providing big game hunting services to the nonresident under a contract with the nonresident; or
      2. a class-A assistant guide or an assistant guide under AS 08.54 and who is employed by a registered guide-outfitter or a master guide-outfitter who has a contract to provide big game hunting services to the nonresident; or
   2. a resident over 19 years of age who is
      1. the spouse of the nonresident; or
      2. related to the nonresident, within and including the second degree of kindred, by marriage or blood.
2. An applicant for a nonresident big game tag for the taking of an animal specified in (a) of this section shall first furnish to the state, on a form provided by the state, an affidavit showing that the applicant will be personally accompanied while hunting by a person who is qualified under the terms of (a) of this section.  A person who falsifies the required affidavit is guilty of perjury under AS 11.56.200 .
3. [Repealed, § 27 ch 71 SLA 1986.]
4. A nonresident who violates (a) of this section, or who fails to furnish an affidavit under (b) of this section, is guilty of a misdemeanor and upon conviction is punishable by imprisonment for not more than one year, or by a fine of not more than $5,000, or by both.
5. [Repealed, § 18 ch 37 SLA 1989.]
6. An applicant for a nonresident hunt permit for the taking of an animal specified in (a) of this section shall, if requested by the department, first furnish to the department proof of prior authorization to use federal, state, or private land where the permit hunt will occur. The authorization shall be provided to the applicant by the registered guide-outfitter or master guide-outfitter with whom the applicant has contracted to guide the permit hunt.

History. (§ 1 ch 86 SLA 1967; am §§ 39, 40 ch 59 SLA 1982; am § 1 ch 74 SLA 1982; am § 1 ch 111 SLA 1984; am §§ 24, 25, 27 ch 71 SLA 1986; am §§ 9, 10 ch 160 SLA 1988; am §§ 5 — 7, 18 ch 37 SLA 1989; am §§ 6, 7 ch 33 SLA 1996; am § 1 ch 14 SLA 2002; am §§ 35, 36 ch 84 SLA 2005)

Revisor’s notes. —

Enacted as AS 16.05.405 . Renumbered in 1967.

In 1989, “is” was deleted from the beginning of subsection (a)(2)(B) to correct a manifest error in the original enactment.

Administrative Code. —

For seasons and bag limits, see 5 AAC 85, art. 2.

For permits, see 5 AAC 92, art. 3.

Opinions of attorney general. —

The state can require an Alaska resident to have a guide if there is a sufficient factual basis to support the need for residents to be accompanied by a guide. Mar. 14, 1988 Op. Att’y Gen.

In general, the validity of big game guide requirements is premised upon the need to protect public resources and the hunting public. Hazards of rugged terrain, dangerous animals, and inclement weather have also been raised as justifications for requiring hunters to be accompanied by guides. Similarly, the need to protect public resources from hunters unfamiliar with state conservation laws has also been cited as a basis for requiring a guide. Mar. 14, 1988 Op. Att’y Gen.

Sec. 16.05.408. Nonresident alien hunter to be accompanied by guide.

1. It is a class A misdemeanor for a nonresident alien to hunt, pursue, or take a big game animal as defined by the Board of Game unless personally accompanied by
   1. a registered guide-outfitter or a master guide-outfitter licensed under AS 08.54 who is providing big game hunting services to the nonresident alien under a contract with the nonresident alien; or
   2. a class-A assistant guide or an assistant guide licensed under AS 08.54 who is employed by a registered guide-outfitter or a master guide-outfitter who has a contract to provide big game hunting services to the nonresident alien.
2. A nonresident alien, when purchasing a big game tag for the taking of an animal specified in (a) of this section, shall first furnish to the state, on a form provided by the state, an affidavit showing that the nonresident alien will be accompanied in the hunt by a person who is qualified under the terms of (a) of this section.  A nonresident alien shall have a copy of the affidavit in possession while in the field hunting. A person who falsifies the required affidavit is guilty of perjury under AS 11.56.200 .
3. Before obtaining a nonresident hunt permit for the taking of an animal specified in (a) of this section, a nonresident alien shall, if requested by the department, first furnish to the department proof of prior authorization to use federal or private land where the permit hunt will occur. The authorization shall be provided to the nonresident alien by the registered guide-outfitter or master guide-outfitter with whom the nonresident alien has contracted to guide the permit hunt.

History. (§ 2 ch 74 SLA 1982; am § 3 ch 13 SLA 1983; am §§ 8, 9 ch 37 SLA 1989; am §§ 8, 9 ch 33 SLA 1996; am § 2 ch 14 SLA 2002; am §§ 37, 38 ch 84 SLA 2005)

Cross references. —

For penalties for class A misdemeanors, see AS 12.55.035(b)(5) and 12.55.135(a) .

Administrative Code. —

For permits, see 5 AAC 92, art. 3.

Sec. 16.05.410. Revocation of license.

1. Upon conviction of a person of a first violation of  AS 16.05.330 — 16.05.430 or of a federal or state law or regulation for the protection of the sport fish and game of the state, the court may, in addition to the penalty imposed by law, revoke the person’s license.
2. Upon subsequent conviction of a person for a violation of  AS 16.05.330 — 16.05.430 or of a federal or state law or regulation for the protection of the sport fish and game of the state, the court shall revoke the person’s license.
3. A person whose license has been revoked as provided in (b) of this section may not purchase another license of the same type for a period of not less than two years nor more than three years from the date of revocation as determined by the court.
4. [Repealed, § 2 ch 32 SLA 1968.]
5. [Repealed, § 2 ch 32 SLA 1968.]
6. Except as provided in (g) of this section, the provisions of (a) — (c) of this section do not apply when the offense for which the person is convicted is a misdemeanor for which a forfeitable bail amount has been set under  AS 16.05.165 .
7. When a person has been convicted during a two-year period of two or more misdemeanor offenses for which a forfeitable bail amount has been set under  AS 16.05.165 , a peace officer may file a civil action in the district court to revoke the person’s license.  Once an action has been filed, the court shall set a time and date for a hearing on the proposed license revocation, and shall send notice of the hearing to the person. The hearing shall be before the court without a jury.  At the hearing the court shall hear evidence regarding the nature and seriousness of the offenses for which the person was convicted, the time period involved, the potential effect of the person’s actions upon the preservation of the resource, and other relevant circumstances.  If the court finds by a preponderance of the evidence that the person’s actions demonstrate a disregard for the preservation of the state’s fish or wildlife resources, the court may revoke the person’s license for a period of not less than one year nor more than three years from the date of revocation.
8. For purposes of enforcement of the provisions of the Wildlife Violator Compact entered into under  AS 16.05.332 , upon the receipt of a report that a violator has failed to comply with the terms of a citation for a wildlife violation issued by an issuing state other than this state or of the violator’s conviction of a wildlife violation in an issuing state other than this state, a peace officer may file a civil action in the district court to revoke the comparable license or licenses that the violator holds in this state. Once an action has been filed, the court shall set a time and date for a hearing on the proposed license revocation or revocations and shall send notice of the hearing to the violator. The hearing shall be before the court without a jury. At the hearing, the court shall hear evidence regarding the nature and seriousness of the offense for which the violator was convicted or the nature and seriousness of the failure to comply with the citation, the time period involved, the potential effect of the violator’s actions on the preservation of the resource, and other relevant circumstances. If the court finds by a preponderance of the evidence that the violator’s actions demonstrate a disregard for the preservation of wildlife resources, the court may revoke the violator’s license or licenses for a period of not less than one year or more than three years from the date of revocation. In this subsection, the terms “issuing state,” “wildlife,” and “wildlife violation” have the meanings given in  AS 16.05.332 .

History. (§ 8 art II ch 94 SLA 1959; am § 17 ch 131 SLA 1960; am § 1 ch 56 SLA 1962; am §§ 4, 5 ch 75 SLA 1964; am § 2 ch 32 SLA 1968; am § 15 ch 132 SLA 1984; am § 3 ch 87 SLA 2008)

Sec. 16.05.415. Determination of residency.

1. In AS 16.05.330 — 16.05.430 , a person, except as provided in (c) — (f) of this section, is a resident if the person
   1. is physically present in the state with the intent to remain in the state indefinitely and to make a home in the state;
   2. has maintained the person’s domicile in the state for the 12 consecutive months immediately preceding the application for a license;
   3. is not claiming residency in another state, territory, or country; and
   4. is not obtaining benefits under a claim of residency in another state, territory, or country.
2. A person who establishes residency in the state under (a) of this section remains a resident during an absence from the state unless during the absence the person
   1. establishes or claims residency in another state, territory, or country; or
   2. performs an act, or is absent under circumstances, that are inconsistent with the intent required under (a) of this section.
3. A person who is a member of the military service or the United States Coast Guard is a resident for the purposes of AS 16.05.330 — 16.05.430 if the person has been stationed in the state for the 12 consecutive months immediately preceding the application for a license. This subsection does not apply to a person who establishes and maintains residency in the state under (a) and (b) of this section.
4. A person who is the dependent of a resident member of the military service or the United States Coast Guard under (a) or (c) of this section is a resident for the purposes of AS 16.05.330 — 16.05.430 if the person has lived in the state for the 12 consecutive months immediately preceding the application for a license. This subsection does not apply to a person who establishes and maintains residency in the state under (a) and (b) of this section.
5. A person who is an alien is a resident for the purposes of AS 16.05.330 — 16.05.430 if the person
   1. is physically present in the state with the intent to remain in the state indefinitely and to make a home in the state;
   2. has maintained the person’s domicile in the state for the 12 consecutive months immediately preceding the application for a license;
   3. is not claiming residency in another state, territory, or country; and
   4. is not obtaining benefits under a claim of residency in another state, territory, or country.
6. In AS 16.05.330 — 16.05.430 , a person who is not a natural person, other than a sole proprietorship, establishes residency by maintaining its main office or headquarters in the state and providing proof, satisfactory to the commissioner, of that fact to the department or an agent of the department upon demand. A sole proprietorship has the same residency as the person, whether natural or otherwise, who is the proprietor of the entity. The commissioner may adopt regulations as necessary to implement this subsection.
7. A natural person who does not qualify as a resident under (a) — (e) of this section does not qualify as a resident by virtue of an interest in a resident business entity under (f) of this section.
8. In AS 16.05.330 — 16.05.430 , a nonresident
   1. person is a person who does not qualify as a resident under (a) — (f) of this section; and
   2. alien is an alien person who does not qualify as a resident under (e) of this section.
9. In this section, “license” means a license, tag, permit, stamp, identification card issued under AS 16.05.400(b) , or other indicia of permission to engage in an activity subject to AS 16.05.330 - 16.05.430 .

History. (§ 2 ch 38 SLA 1997; am § 30 ch 18 SLA 2016)

Effect of amendments. —

The 2016 amendment, effective January 1, 2017, in (i), inserted “issued under AS 16.05.400(b) ” following “identification card”.

Opinions of attorney general. —

A member of the military who claims Alaska residency, and who is transferred to another state, may be allowed to obtain a “resident” rather than a “nonresident” hunting or fishing license in that state, based upon the service member’s military status. Alaska statutes allow for such a limited availability of resident licenses for military personnel who are stationed in Alaska but claim residency elsewhere. Determination of each service member’s status must be made on a case–by–case basis, but where the licensing and residency laws of other jurisdictions mirror Alaska’s, a service member may obtain a “resident” license in the other jurisdiction without forfeiting Alaska residency. 2003 Op. Att'y Gen. 14.

Sec. 16.05.420. License, tag, permit, and registration violations.

1. A false statement of a material fact in an application for a license, tag, permit, and sport fishing vessel registration issued under AS 16.05.330 — 16.05.430 voids the license, tag, permit, or registration for which the application is made.
2. A person may not make a false statement, or omit a material fact, in an application for a license, tag, permit, or sport fishing vessel registration issued under AS 16.05.330 — 16.05.430 . A person who without any culpable mental state makes a false statement as to the person’s identity or residency in an application for a license, tag, permit, or sport fishing vessel registration issued under AS 16.05.330 — 16.05.430 is guilty of a violation and upon conviction is punishable by a fine of not more than $300. A person who knowingly violates this subsection is guilty of a class A misdemeanor.
3. A person to whom a license, tag, or sport fishing vessel registration has been issued under this chapter may not alter, change, loan, or transfer the license, tag, or sport fishing vessel registration. Except for a hunting permit originally awarded by drawing established by the Board of Game under AS 16.05.255(a) that has been transferred or reissued under AS 16.05.404 , a person may not use a license, tag, or sport fishing vessel registration that has been issued under this chapter to another person.

History. (§ 7 art II ch 94 SLA 1959; am § 16 ch 131 SLA 1960; am §§ 6, 7 ch 75 SLA 1964; am § 2 ch 32 SLA 1968; am § 4 ch 28 SLA 1990; am § 17 ch 30 SLA 1992; am § 27 ch 30 SLA 1996; am § 1 ch 112 SLA 1996; am § 3 ch 70 SLA 2004; am § 2 ch 18 SLA 2021)

Cross references. —

For penalties for class A misdemeanors, see AS 12.55.035(b)(5) and 12.55.135(a) .

Editor’s notes. —

Under sec. 3, ch. 18, SLA 2021, the 2021 amendment of (c) of this section “applies to the transfer or reissuance of a hunting permit that was originally awarded before, on, or after July 14, 2021” subject to the requirements of AS 16.05.404 .

Effect of amendments. —

The 2021 amendment, effective July 14, 2021, in (c), added “Except for a hunting permit originally awarded by drawing established by the Board of Game under AS 16.05.255(a) that has been transferred or reissued under AS 16.05.404 ,” at the beginning of the second sentence, and made a related change.

Sec. 16.05.430. Penalties.

1. Except as provided in AS 16.05.330(f) ,16.05.407(b) and (d), 16.05.408(b) , and 16.05.420 (b), a person who violates AS 16.05.330 — 16.05.420 or a regulation adopted under AS 16.05.330 — 16.05.420 is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than $1,000, or by imprisonment for not more than six months, or by both.
2. The proceeds of all fines shall be transmitted by the court to the proper state officer for deposit in the general fund of the state.

History. (§ 10 art II ch 94 SLA 1959; am § 18 ch 131 SLA 1960; am § 28 ch 14 SLA 1987; am § 5 ch 28 SLA 1990; am § 2 ch 112 SLA 1996; am § 3 ch 54 SLA 2018)

Effect of amendments. —

The 2018 amendment, effective July 14, 2018, in (a) inserted “16.05.330(f)” at the beginning of the first list of code sections. Although the 2018 amendment was to have taken effect July 1, 2018, under sec. 4, ch. 54, SLA 2018, the governor did not sign the bill until July 13, 2018, and so the actual effective date of the amendment was July 14, 2018, under AS 01.10.070(d) .

Sec. 16.05.440. Expiration date for licenses.

Licenses issued under AS 16.05.440 — 16.05.723 expire at the close of December 31 following their issuance or, for licenses that are valid for two years, after December 31 of the year after the year of issuance, and shall be renewed upon application and payment of the license fees required by AS 16.05.440 — 16.05.723 .

History. (§ 2 art III ch 94 SLA 1959; am § 19 ch 81 SLA 1984; am § 3 ch 6 SLA 1993)

Collateral references. —

35A Am. Jur. 2d, Fish, Game and Wildlife Conservation, § 51 et seq.

36A C.J.S., Fish, §§ 26, 28, 30 et seq.

Sec. 16.05.450. Issuance of licenses; disclosure for child support purposes.

1. The commissioner or an authorized agent shall issue a crewmember fishing license under AS 16.05.480 to each qualified person who files a written application at a place in the state designated by the commissioner, containing the reasonable information required by the commissioner together with the required fee. The commissioner shall require the reporting of the applicant’s social security number on the application. The application shall be simple in form and shall be executed by the applicant under the penalty of unsworn falsification in the second degree.
2. The Alaska Commercial Fisheries Entry Commission shall issue a vessel license under AS 16.05.490 to each qualified vessel for which a written application has been filed, at a place in the state designated by the commission, containing the reasonable information required by the commission together with the required fee. The application shall be simple in form and shall be executed by the applicant under the penalty of unsworn falsification in the second degree.
3. [Repealed, § 19 ch 105 SLA 1977.]
4. Upon request, the commissioner shall provide a social security number provided under (a) of this section to the child support services agency created in AS 25.27.010 , or the child support enforcement agency of another state, for child support purposes authorized under law.

History. (§ 3 art III ch 94 SLA 1959; am § 1 ch 163 SLA 1962; am § 7 ch 31 SLA 1963; am §§ 1, 2 ch 92 SLA 1971; am § 1 ch 145 SLA 1972; am §§ 2, 3, 19 ch 105 SLA 1977; am E.O. No. 73 § 9 (1989); am § 15 ch 21 SLA 1991; am §§ 15, 16 ch 87 SLA 1997; am §§ 12, 13 ch 42 SLA 2006)

Revisor’s notes. —

In 2004, “Alaska” was inserted before “Commerical Fisheries Entry Commission” to correct a manifest error.

In 2004, “child support enforcement agency created in AS 25.27.010 ” was changed to “child support services agency created in AS 25.27.010 ” in (d) of this section in accordance with § 12(a), ch. 107, SLA 2004.

Administrative Code. —

For licensing, see 15 AAC 116, art. 2.

For permits and vessel license required, see 20 AAC 5, art. 1.

Legislative history reports. —

For House Resources Committee report on ch. 92, SLA 1971 (CSHB 191), see 1971 House Journal, p. 719.

Sec. 16.05.460. Commissioner may appoint agents.

The commissioner may appoint qualified persons as agents to receive applications, issue licenses, and collect license fees under AS 16.05.440 — 16.05.480 .

History. (§ 4 art III ch 94 SLA 1959; am § 8 ch 31 SLA 1963; am § 4 ch 105 SLA 1977; am E.O. No. 73 § 10 (1989); am § 3 ch 21 SLA 1990)

Administrative Code. —

For license officers, see 15 AAC 116, art. 1.

Sec. 16.05.470. Fee for issuance of licenses.

1. A person appointed by the commissioner to sell licenses under AS 16.05.440 — 16.05.480 , except salaried employees of the state, shall retain the sum of 10 percent of the fee for the issuance of a license. An agent shall transmit monthly to the commissioner all license fees collected by the agent, less the authorized commission, together with a full accounting of the fees. The commissioner shall make monthly remittances of the fees collected to the proper state official. The commissioner is not liable for defalcation or failure to account for the fees collected by an agent, but the commissioner shall require a bond in the sum the commissioner considers adequate, conditioned upon the faithful accounting of money collected.
2. [Repealed, § 5 ch 21 SLA 1990.]
3. Forms and fees under (a) of this section shall be transmitted to the commissioner by the last day of the month following the month in which the fees are collected.  The commissioner may grant an extension of not more than 30 days if the agent establishes that
   1. failure to grant an extension would impose an excessive financial hardship on the agent;
   2. the fees collected by the agent for the period, including the amount that the agent is authorized to retain, totals less than $1,000; and
   3. the cumulative amount of fees due from the agent, including the fees due for the current period, does not exceed $1,000.
4. The commissioner may assess a penalty against an agent who does not transmit fees within the time allowed under (c) of this section.  The penalty is equal to one and one-half percent of the amount of fees due.  The penalty may be assessed for each month or portion of a month that the fees are delinquent.

History. (§ 5 art III ch 94 SLA 1959; am § 9 ch 31 SLA 1963; am § 1 ch 8 SLA 1977; am §§ 5, 6 ch 105 SLA 1977; am E.O. No. 73 § 11 (1989); am §§ 4, 5 ch 21 SLA 1990; am § 2 ch 44 SLA 1999)

Cross references. —

For legislative intent relating to the amendment of (a) of this section by § 2, ch. 44, SLA 1999, see § 1, ch. 44, SLA 1999 in the 1999 Temporary and Special Acts.

Sec. 16.05.475. Registration of fishing vessels.

1. A person may not employ a fishing vessel in the water of this state unless it is registered under the laws of the state. Vessels registered under the laws of another state, and persons residing in another state, are not excused from this provision.
2. The term “employ”, as used in this section, shall be defined by the Board of Fisheries through the adoption of regulations under AS 44.62 (Administrative Procedure Act). The definition may include any activities involving the use or navigation of fishing vessels.
3. The term “registered under the laws of the state”, as used in this section, shall be defined by the Board of Fisheries through the adoption of regulations under AS 44.62 (Administrative Procedure Act).  The definition may include any existing requirements regarding registration, licenses, permits, and similar matters imposed by law or regulation together with modifications of them and with any additional requirements the board finds necessary to maximize the authority of the state to apply and enforce fisheries regulations under 16 U.S.C. 1801-1882 (Magnuson-Stevens Fishery Conservation and Management Act of 1976 (P.L. 94-265, 90 Stat. 331)).
4. In this section “fishing vessel” means any vessel, boat, ship, or other craft that is used for, equipped to be used for, or of a type which is normally used for
   1. fishing, or
   2. aiding or assisting one or more vessels at sea in the performance of any activity relating to fishing, including, but not limited to, preparation, supply, storage, refrigeration, transportation, or processing.

History. (§ 7 ch 105 SLA 1977)

Revisor’s notes. —

In 2004, “Magnuson-Stevens” was inserted before “Fishery Conservation and Management Act” to correct a manifest error.

Sec. 16.05.480. Commercial fishing license; disclosure for child support purposes.

1. A person engaged in commercial fishing shall obtain a commercial fishing license and shall retain the license in possession and readily available for inspection during fishing operations. An entry permit or interim-use permit entitles the holder to participate as a gear operator in the fishery for which the permit is issued and to participate as a crewmember in any fishery. A crewmember fishing license is not transferable and entitles the holder to participate as a crewmember in any fishery.
2. A person applying for a commercial fishing license under this section shall provide the person’s social security number. A person applying for a resident commercial fishing license under this section shall also provide proof of residence that the department requires by regulation.
3. [Repealed, § 12 ch 123 SLA 1978.]
4. Upon request, the department or the Alaska Commercial Fisheries Entry Commission shall provide a social security number provided by an applicant for a license under this section to the child support services agency created in AS 25.27.010 , or the child support agency of another state, for child support purposes authorized under law.
5. Except as provided under AS 16.05.470 and AS 23.35.060 , fees collected from the sale of crewmember fishing licenses under this section may be appropriated into the fish and game fund.
6. [Repealed, § 7 ch 27 SLA 2001.]
7. A resident engaged in commercial fishing who is 11 years of age or older and who does not hold an entry permit or an interim-use permit shall, except as provided in (i) of this section, pay a fee of $60 for an annual crewmember fishing license. A resident engaged in commercial fishing who is less than 11 years of age and who does not hold an entry permit or an interim-use permit shall pay an annual fee of $5.
8. A nonresident engaged in commercial fishing who is 11 years of age or older and who does not hold an entry permit or an interim-use permit shall, except as provided in (i) of this section, pay a base fee of $60 for an annual crewmember fishing license, plus an amount, established by the department by regulation, that is as close as is practicable to the maximum allowed by law. A nonresident engaged in commercial fishing who is less than 11 years of age and who does not hold an entry permit or an interim-use permit shall pay an annual base fee of $5 plus an amount, established by the department by regulation, that is as close as is practicable to the maximum allowed by law.
9. Notwithstanding (g) and (h) of this section, a resident or nonresident engaged in commercial fishing who does not hold an entry permit or an interim-use permit may obtain one seven-day crewmember fishing license under this subsection annually. A person who obtains a seven-day license is not eligible for another seven-day license in the same license year; however, if a person who obtains a seven-day license pays the full fee for an annual crewmember fishing license under (g) or (h) of this section during the same license year, the person is entitled to receive a refund of the fee for the seven-day license. The department shall adopt regulations establishing a refund procedure. During the period for which the seven-day license is valid, a person who holds a seven-day license may not engage in fishing with a rod and reel while present on a commercial fishing vessel. The fee for a seven-day license is $30.
10. In this section, “commercial fishing license” includes an entry permit and an interim-use permit issued under AS 16.43 and a crewmember fishing license.

History. (§ 6 art III ch 94 SLA 1959; am § 19 ch 131 SLA 1960; am § 1 ch 93 SLA 1966; am § 2 ch 42 SLA 1968; am § 8 ch 105 SLA 1977; am §§ 1, 2, 12 ch 123 SLA 1978; am § 1 ch 79 SLA 1982; am §§ 17, 18 ch 87 SLA 1997; am §§ 3, 4 ch 44 SLA 1999; am §§ 1, 2, 7 ch 27 SLA 2001; am §§ 1, 2 ch 37 SLA 2003; am §§ 1 — 3 ch 59 SLA 2005; am §§ 1 — 3 ch 68 SLA 2014)

Revisor’s notes. —

In 2004, “child support enforcement agency created in AS 25.27.010 ” was changed to “child support services agency created in AS 25.27.010 ” in (d) of this section in accordance with § 12(a), ch. 107, SLA 2004.

Subsection (i) was enacted as (j) and relettered in 2005, at which time former subsection (i) was relettered as subsection (j).

Cross references. —

For legislative intent relating to the enactment of subsection (e), see § 1, ch. 44, SLA 1999 in the 1999 Temporary & Special Acts.

Editor’s notes. —

Thirty-nine percent of the fees collected under this section is deposited in the fishermen’s fund, AS 23.35.060 . For opinions of the Attorney General regarding constitutional limits on altering the amount of a license fee upon which a dedicated fund is based, see annotations following art. IX, § 7 in the Alaska Constitution pamphlet.

Sections 6, 14, and 17, ch. 54, SLA 2001, which were to amend (b) and repeal (d) of this section effective July 1, 2003, were repealed by § 3, ch. 37, SLA 2003.

Opinions of attorney general. —

Discrimination against aliens and nonresidents in issuance of fishing licenses. See 1959 Alas. Op. Att'y Gen. No. 15.

Employees of shore-based floating canneries are not required to have a commercial fishing license, but employees of floating canneries are required to have a commercial fishing license. February 22, 1984 Op. Att’y Gen.

Sec. 16.05.490. Vessel license.

1. As a condition to delivery or landing of fish or engaging in commercial fishing in the state, a license is required for a commercial vessel.
2. [Repealed, § 19 ch 105 SLA 1977.]
3. [Repealed, § 19 ch 105 SLA 1977.]
4. [Repealed, § 19 ch 105 SLA 1977.]
5. [Repealed, § 19 ch 105 SLA 1977.]

History. (§ 7 art III ch 94 SLA 1959; am § 20 ch 131 SLA 1960; am § 1 ch 48 SLA 1963; am § 19 ch 105 SLA 1977; am § 4 ch 70 SLA 2004)

Administrative Code. —

For permits and vessel license required, see 20 AAC 5, art. 1.

Sec. 16.05.495. Vessel license exemption.

A vessel used exclusively for the commercial capture of salmon in commercial salmon administrative management areas that include state water between the latitude of Point Romanof and the latitude of Cape Newenham, and state water surrounding Nunivak Island, or at a set net site, is exempt from the licensing requirements of AS 16.05.490 .

History. (§ 1 ch 73 SLA 1983; am § 16 ch 132 SLA 1984)

Administrative Code. —

For permits and vessel license required, see 20 AAC 5, art. 1.

Sec. 16.05.500. Revocation of vessel license. [Repealed, § 19 ch 105 SLA 1977.]

Sec. 16.05.510. Unlicensed vessel unlawful.

A person may not operate a vessel to which AS 16.05.490 — 16.05.530 apply without a vessel license, whether the absence of a vessel license results from initial failure to purchase or from another reason.

History. (§ 7 art III ch 94 SLA 1959; am § 20 ch 131 SLA 1960; am § 11 ch 31 SLA 1963; am § 4 ch 6 SLA 1993)

Sec. 16.05.520. Number plate.

1. The vessel license includes a permanent number plate. The number plate shall be accompanied by a tab affixed to the number plate designating the year to be fished. A number plate is not transferable, and the number plate shall be considered a permanent fixture upon the vessel upon which the number plate is originally placed. The number plate shall be securely fastened well forward on the port side in plain sight. On a vessel with a superstructure, the number plate shall be fastened on the port side of the superstructure. A number plate remains the property of the state. The Alaska Commercial Fisheries Entry Commission may establish by regulation a reasonable fee for the initial issuance of a permanent number plate. If a permanent number plate is accidentally defaced, mutilated, destroyed, or lost, the person owning or operating the vessel shall immediately apply for and may obtain a duplicate upon furnishing the Alaska Commercial Fisheries Entry Commission with the pertinent facts and a payment of a reasonable fee established by the commission by regulation that is not less than $2.
2. If a vessel carrying a number plate is lost, destroyed, or sold, the owner shall immediately report the loss, destruction, or sale to the Alaska Commercial Fisheries Entry Commission.

History. (§ 7 art III ch 94 SLA 1959; am § 20 ch 131 SLA 1960; am § 16 ch 31 SLA 1963; am § 9 ch 105 SLA 1977; am § 1 ch 16 SLA 2005)

Revisor’s notes. —

In 2004, “Alaska” was inserted before “Commercial Fisheries Entry Commission” to correct a manifest error.

Sec. 16.05.530. Renewal of vessel license.

1. Upon payment of the vessel license fee and filing of the name and address of the owner of the vessel or the owner’s authorized agent, the name and number of the vessel, a description of the vessel, the vessel license number, if any, the area to be fished, and other reasonable information required by the Alaska Commercial Fisheries Entry Commission, the commission shall issue a permanent number plate and a vessel license. If the vessel has a permanent number plate, the commission shall issue a vessel license and tab designating the year the license is valid. The tab shall be placed in the space provided on the permanent number plate.
2. For calendar year 2006 and following years, the annual fee for a vessel license issued or renewed under this section is set according to the overall length, as defined by the United States Coast Guard, of the vessel under the following schedule:
   1. 0 — 25 feet  . . . . .  $24
   2. over 25 feet — 50 feet   . . . . .  60
   3. over 50 feet — 75 feet   . . . . .  120
   4. over 75 feet — 100 feet   . . . . .  225
   5. over 100 feet — 125 feet   . . . . .  300
   6. over 125 feet — 150 feet   . . . . .  375
   7. over 150 feet — 175 feet   . . . . .  450
   8. over 175 feet — 200 feet   . . . . .  525
   9. over 200 feet — 225 feet   . . . . .  600
   10. over 225 feet — 250 feet   . . . . .  675
   11. over 250 feet — 275 feet   . . . . .  750
   12. over 275 feet — 300 feet   . . . . .  825
   13. over 300 feet   . . . . .  900.

History. (§ 7 art III ch 94 SLA 1959; am § 20 ch 131 SLA 1960; am § 12 ch 31 SLA 1963; am § 10 ch 105 SLA 1977; am §§ 20, 21 ch 81 SLA 1984; am §§ 2, 3 ch 71 SLA 1995; am § 2 ch 16 SLA 2005)

Revisor’s notes. —

In 2004, “Alaska” was inserted before “Commercial Fisheries Entry Commission” to correct a manifest error.

Editor’s notes. —

Section 1, ch. 71, SLA 1995 states that it is the intent of the legislature that the revenue generated by the amendments made by ch. 71, SLA 1995 “be appropriated to the Department of Fish and Game for the management, rehabilitation, enhancement, development, and scientific study of the commercial fishery resources of the state.”

Sec. 16.05.536. Persons eligible for gear licenses. [Repealed, § 12 ch 71 SLA 1972.]

Secs. 16.05.540 — 16.05.610. Limitation on issuance of fishing gear licenses; issuance of licenses for various types of fishing gear. [Repealed, § 19 ch 105 SLA 1977.]

Sec. 16.05.620. Otter trawl license. [Repealed, § 2 ch 159 SLA 1968.]

Sec. 16.05.630. Shellfish pot license. [Repealed, § 19 ch 105 SLA 1977.]

Sec. 16.05.632. Identification of shellfish pots or buoys, or both, used in the taking of king crab and requirements for buoys.

1. Registration tags for the identification of shellfish pots or buoys, or both, used in the taking of king crab are required in areas in which the board has regulations limiting the total amount of shellfish pots allowed per vessel.  Registration tags shall
   1. be issued by the department under regulations adopted by the board;
   2. be nontransferable;
   3. be individually numbered, designating the year of issuance;
   4. be permanently affixed to each shellfish pot or buoy, or both, used in the taking of king crab, whichever in the determination of the board is appropriate for identification, and in a manner determined to be appropriate by the board;
   5. conform to other requirements determined to be appropriate by the board; and
   6. be issued and renewed for a fee equal to the cost of obtaining the registration tags plus reasonable administrative costs, under procedures determined to be appropriate by the department.
2. The unauthorized production, reproduction, sale, exchange, distribution, or use of registration tags required in (a) of this section is prohibited.
3. In addition to meeting other requirements imposed by law, each shellfish pot used in the taking of king crab shall be connected to one durable “sea lion” buoy of an appropriate type and diameter as specified by the board. The buoy shall conform to other specifications determined to be appropriate by the board.
4. [Repealed, § 61 ch 50 SLA 1989.]
5. In this section,
   1. “board” means the Board of Fisheries;
   2. “registration tags” means any tag, tape, or other identification device or method determined to be appropriate by the board.

History. (§ 2 ch 103 SLA 1977; § 65 ch 6 SLA 1984; am § 61 ch 50 SLA 1989)

Revisor’s notes. —

Subsection (e) was enacted as (d). Relettered in 1987.

Cross references. —

For legislative intent in connection with the enactment of this section, see § 1, ch. 103, SLA 1977 in the Temporary and Special Acts.

Administrative Code. —

For Registration Area A (Southeastern), see 5 AAC 34, art. 5.

For Registration Area D (Yakutat), see 5 AAC 34, art. 6.

For Registration Area H (Cook Inlet), see 5 AAC 34, art. 8.

For Registration Area Q (Bering Sea), see 5 AAC 34, art. 14.

For Registration Area A (Southeastern), see 5 AAC 35, art. 5.

For Registration Area D (Yakutat), see 5 AAC 35, art. 6.

For Registration Area E (Prince William Sound), see 5 AAC 35, art. 7.

For Registration Area H (Cook Inlet), see 5 AAC 35, art. 8.

For Registration Area J (Westward), see 5 AAC 35, art. 10.

Secs. 16.05.640 — 16.05.650. Clam digger’s license; licensing of small commercial operations. [Repealed, § 19 ch 105 SLA 1977.]

Sec. 16.05.660. License exemption.

A person may, by complying with the $5 license requirement of AS 16.05.340(a)(6) , take not more than 2,000 pounds each of tom cod, blue cod, smelt, pickerel, white fish, and spider crab a year from waters of the state.

History. (§ 1 ch 96 SLA 1963; am § 66 ch 6 SLA 1984; am § 6 ch 28 SLA 1990)

Sec. 16.05.662. Fishing derbies.

1. The commissioner may issue without cost a permit to a fishing derby association that has complied with the provisions of AS 05.15.100 — 05.15.180 to sell or offer for sale sport caught fish obtained as a direct result of a fishing derby.
2. In this section “fishing derby association” means a civic, service, or charitable organization in the state, not for pecuniary profit, whose primary purpose is to promote interest in fishing for recreational purposes and which has been in existence for five years before applying for a permit under (a) of this section, but does not include an organization formed or operated for gaming or gambling purposes.

History. (§ 1 ch 73 SLA 1970)

Revisor’s notes. —

Subsection (b) was formerly AS 16.05.940 (13). Renumbered in 1992, at which time minor word changes were made to reflect the reorganization.

Sec. 16.05.665. Falsification of application for license.

1. A person who knowingly makes a false statement as to a material fact on an application for a license under AS 16.05.440 — 16.05.660 is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than $1,000, or by imprisonment for not more than six months, or by both.
2. A license issued under AS 16.05.440 — 16.05.660 to a person convicted under (a) of this section is void.
3. A person whose license is void under (a) and (b) of this section may not obtain another license of the same type for a period of not less than two nor more than three years from the date of conviction by the court.

History. (§ 1 ch 23 SLA 1965)

Sec. 16.05.670. Fishing gear license in general. [Repealed, § 19 ch 105 SLA 1977.]

Sec. 16.05.671. Transportation and sale of certain fish by an agent of the fisherman who caught the fish.

1. A person may transport and sell commercially taken fish as the agent of the commercial fisherman who caught the fish if the person holds a fish transporter permit issued by the commissioner under this section.
2. The commissioner may issue a fish transporter permit to a natural person. A fish transporter permit authorizes the permittee to transport and sell commercially taken fish as the agent of the commercial fisherman who caught the fish. A fish transporter may not buy or process fish received for transport unless the fish transporter also holds the appropriate licenses, permits, and other authorizations required to buy or process fish.
3. A person who applies for a fish transporter permit under this section shall provide the person’s social security number to the department. Upon request of the child support services agency created in AS 25.27.010 , or a child support agency of another state, the department shall provide a social security number provided by an applicant for a fish transporter permit under this section to that agency for child support purposes authorized under law.
4. A commercial fisherman may authorize a fish transporter to transport and sell fish on behalf of the fisherman as the agent of the fisherman. The fish transporter shall complete a fish ticket in accordance with procedures prescribed by the department for each fisherman who transfers fish to the fish transporter. The fish ticket must accompany the fish transferred to the fish transporter while the fish are in possession of the fish transporter. The fish transporter shall present the fish ticket for inspection upon request by a peace officer or representative of the commissioner. The fish transporter shall present the fish ticket to the buyer of the fish at the time of sale. The buyer of the fish shall complete the fish ticket by inserting the buyer’s information as required by the department, including the weight or count of fish purchased. The buyer shall return a copy of the fish ticket to the commercial fisherman on whose behalf the fish are sold.
5. A commercial fisherman who transfers fish to a fish transporter to transport and sell fish on behalf of the fisherman shall provide the fish transporter with all required information that the fisherman would have to provide to the buyer of the fish if the fisherman were to personally sell the fish to the buyer. The fish transporter who sells fish as the agent of a commercial fisherman shall provide all information to the buyer of the fish that the commercial fisherman would have to provide to the buyer if the fisherman were to personally sell the fish.
6. A commercial fisherman may also hold a fish transporter permit. A commercial fisherman who holds a fish transporter permit may simultaneously transport or sell fish that the fisherman caught as well as fish caught by other commercial fishermen. A commercial fisherman who is simultaneously operating as a fish transporter shall physically possess
   1. the fish ticket completed under (d) of this section for the fish being transported or sold on behalf of another fisherman; and
   2. other documentation that may be prescribed by the commissioner by regulation.
7. The commissioner may adopt regulations the commissioner considers necessary to implement this section. The regulations may not conflict with regulations or management plans adopted by the Board of Fisheries. The regulations may include
   1. criteria for determining areas or fisheries for which transporter permits may not be issued because
      1. fish transporter operations may alter harvest rates for the area or fishery to the extent that conservation of the resource is jeopardized, may significantly impair the ability of the department to accurately determine catch or effort levels, or may interfere with fishery management, allocation, or enforcement matters;
      2. a fishery is managed through allocations of the harvest to individuals, such as trip limits or quota shares; or
      3. combining of catches by multiple fishermen on a vessel may impair the ability of the department to accurately determine the incidental catch by each fisherman;
   2. requirements for timely and accurate reporting and record keeping; or
   3. procedures to maintain quality of harvested resources.
8. Fish transferred to the possession of a fish transporter under the authority of this section are property of the fisherman who caught the fish until the fish are sold to a buyer by the fish transporter on behalf of the fisherman.
9. In this section, “fish” means fish legally harvested and retained in salmon, herring, or Pacific cod fisheries.

History. (§ 1 ch 112 SLA 2003)

Revisor’s notes. —

In 2004, “child support enforcement agency created in AS 25.27.010 ” was changed to “child support services agency created in AS 25.27.010 ” in (c) of this section in accordance with § 12(a), ch. 107, SLA 2004.

Sec. 16.05.675. Landing permits.

1. A person who does not hold a limited entry permit or interim-use permit issued under AS 16.43 or a fish transporter permit issued under AS 16.05.671 may not deliver or land fish in the state unless the person
   1. holds a valid federal permit to operate commercial fishing gear in the fishery conservation zone; and
   2. has been issued a landing permit by the Alaska Commercial Fisheries Entry Commission.
2. The commissioner may by regulation establish eligibility requirements for the issuance of a landing permit.
3. The commissioner may authorize the Alaska Commercial Fisheries Entry Commission to issue landing permits for a fishery if the commissioner has made a written finding that the issuance of landing permits for that fishery is consistent with state resource conservation and management goals.

History. (§ 1 ch 145 SLA 1984; am § 2 ch 112 SLA 2003)

Revisor’s notes. —

In 2004, “Alaska” was inserted before “Commercial Fisheries Entry Commission” to correct a manifest error.

Sec. 16.05.680. Unlawful practices.

1. 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
      1. the holder of a limited entry, interim-use, or landing permit issued under AS 16.43;
      2. 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
      3. 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 .
2. 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.

History. (§ 10 art III ch 94 SLA 1959; am § 2 ch 96 SLA 1963; am § 2 ch 73 SLA 1970; am § 11 ch 105 SLA 1977; am § 2 ch 145 SLA 1984; am § 1 ch 62 SLA 2000; am § 3 ch 112 SLA 2003)

Cross references. —

For additional penalty provisions related to unlawful purchase of fish, see AS 16.10.265 .

Sec. 16.05.685. Processing on commercial king crab fishing vessels.

1. 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.
2. 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.
3. 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.

History. (§ 2 ch 70 SLA 1974; am § 12 ch 206 SLA 1975; am § 17 ch 132 SLA 1984)

Sec. 16.05.690. Record of purchases.

1. 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.
2. 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.
3. [Repealed, § 1 ch 13 SLA 1997.]

History. (§ 10 art III ch 94 SLA 1959; am § 1 ch 84 SLA 1987; am § 1 ch 78 SLA 1992; am § 1 ch 13 SLA 1997; am § 2 ch 62 SLA 2000)

Administrative Code. —

For Southeastern Alaska Area (Registration Area A), see 5 AAC 27, art. 4.

For Kodiak Area (Registration Area K), see 5 AAC 27, art. 8.

For Bristol Bay Area (Registration Area T), see 5 AAC 27, art. 12.

For Kuskokwim Area (Registration Area W), see 5 AAC 27, art. 13.

Sec. 16.05.700. Penalty for violation of AS 16.05.680 and 16.05.690. [Repealed, § 25 ch 127 SLA 1974.]

Sec. 16.05.710. Suspension of commercial license and entry permit.

1. Upon the conviction of a person for a misdemeanor or felony violation of a commercial fishing law of this state, in a fishery other than a commercial salmon fishery, the court, in addition to other penalties imposed by law,
   1. may suspend one or more of the person’s commercial fishing privileges and licenses for a period of not more than one year if the conviction is the person’s first or second misdemeanor or felony conviction within a 10-year period for violating a commercial fishing law of this state, in a fishery other than a commercial salmon fishery, or another jurisdiction; or
   2. shall suspend one or more of the person’s commercial fishing privileges and licenses for a period of not more than three years if the conviction is the person’s third or subsequent misdemeanor or felony conviction within a 10-year period for violating a commercial fishing law of this state, in a fishery other than a commercial salmon fishery, or another jurisdiction.
2. Upon a first conviction of a person for a violation of AS 11.46.120 — 11.46.130 in which the property is commercial fishing gear as defined in AS 16.43.990 , the court shall, in addition to the penalty imposed by law, suspend one or more of the person’s commercial fishing privileges and licenses for one year. Upon a second or subsequent conviction for a violation of AS 11.46.120 — 11.46.130 or a similar law of another jurisdiction in which the property is commercial fishing gear as defined in AS 16.43.990 , the court shall, in addition to the penalty imposed by law, suspend one or more of the person’s commercial fishing privileges and licenses for two years.
3. If proceedings in which commercial fishing privileges or licenses may be suspended under this section are pending against a limited entry permit holder, the permit holder’s limited entry permit may not be permanently transferred, unless allowed by order of the court in which the proceedings are pending, and a permanent transfer of the permit, unless allowed by order of the court, is void. During the period for which a limited entry permit or the permit holder’s right to obtain a limited entry permit or to engage in an activity for which a limited entry permit is required is suspended under this section, a permit card may not be issued to the permit holder and the permit holder’s permit may not be transferred or sold.
4. In this section,
   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, 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 license” means a limited entry permit or a crew member license;
   3. “commercial fishing privilege” means the privilege of participating in an activity for which a commercial fishing license is required and the privilege of obtaining a commercial fishing license;
   4. “limited entry permit” means an entry permit or an interim-use permit issued under AS 16.43.

History. (§ 11 art III ch 94 SLA 1959; am § 1 ch 112 SLA 1961; am § 1 ch 75 SLA 1966; am § 3 ch 73 SLA 1986; am §§ 1, 2 ch 46 SLA 1988; am §§ 1 — 4 ch 63 SLA 1989; am § 2 ch 110 SLA 1998)

Cross references. —

For suspensions for violations of fishing law in the commercial salmon fisheries, see AS 16.43.860 . For applicability of the amendment to subsection (a) made by § 2, ch. 110, SLA 1998, see § 12, ch. 110, SLA 1998 in the 1998 Temporary and Special Acts.

Sec. 16.05.720. Penalties. [Repealed, § 5 ch 46 SLA 1988.]

Sec. 16.05.722. Strict liability commercial fishing penalties.

1. 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.
2. 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.
3. 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.

History. (§ 3 ch 46 SLA 1988; am § 1 ch 47 SLA 1995)

Administrative Code. —

For prohibitions, see 5 AAC 38, art. 4.

Sec. 16.05.723. Misdemeanor commercial fishing penalties.

1. 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.
2. 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.
3. 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.

History. (§ 3 ch 46 SLA 1988)

Administrative Code. —

For prohibitions, see 5 AAC 38, art. 4.

Sec. 16.05.730. Management of wild and enhanced stocks of fish.

1. 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.
2. 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.
3. The board may 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). The board may 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. The board may adopt a fishery management plan to provide fish to an enhancement project to obtain funds for the purposes allowed under AS 16.10.450 or 16.10.480(d) .
4. 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.

History. (§ 1 ch 49 SLA 1992)

Administrative Code. —

For salmon fishery, see 5 AAC 21, art. 3.

For salmon fishery, see 5 AAC 33, art. 3.

Sec. 16.05.733. Fish health inspections.

Fish health inspections determined to be necessary by the department shall be performed by a professional fish health specialist certified by the fish health section of the American Fisheries Society.

History. (§ 3 ch 110 SLA 1980)

Revisor’s notes. —

Formerly AS 16.05.868 . Renumbered in 2008.

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.

History. (§ 2 ch 97 SLA 1997; am § 3 ch 137 SLA 2002)

Sec. 16.05.780. Taking of antlerless moose prohibited.

1. 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.
2. 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.

History. (§ 1 ch 113 SLA 1975)

Administrative Code. —

For seasons and bag limits, see 5 AAC 85, art. 2.

For areas of jurisdiction, see 5 AAC 98, art. 1.

Sec. 16.05.782. Taking of brown or grizzly bear near solid waste disposal facility prohibited.

1. 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.
2. 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.
3. 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.
4. 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.
5. In this section
   1. “criminal negligence” has the meaning given in AS 11.81.900(a) ;
   2. “property” means
      1. a dwelling, permanent or temporary;
      2. an aircraft, boat, automobile, or other conveyance;
      3. a domestic animal;
      4. 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 .

History. (§ 1 ch 64 SLA 1989; am § 1 ch 136 SLA 2004)

Cross references. —

For penalties for class A misdemeanors, see AS 12.55.035(b)(5) and 12.55.135(a) .

Sec. 16.05.783. Same day airborne hunting.

1. 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
      1. is threatening the normal biological condition of the predator population; or
      2. if left untreated, would spread to other populations.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.

History. (§ 1 1996 Ballot Measure No. 3; am §§ 1 — 4 ch 2 SSSLA 1999; am § 2 2000 Ballot Measure No. 6; am § 2 ch 20 SLA 2000; am §§ 1, 2 ch 124 SLA 2003)

Revisor’s notes. —

Paragraph (f)(2) was enacted as (d)(3) and relettered as (d)(2) in 1999. Subsections (d) and (e) were enacted as (e) and (f) and relettered in 2003, at which time subsection (d) was relettered as (f).

Administrative Code. —

For permits, see 5 AAC 92, art. 3.

For methods and means, see 5 AAC 92, art. 4.

For intensive management, see 5 AAC 92, art. 5.

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.

History. (§ 1 ch 70 SLA 1980)

Secs. 16.05.786, 16.05.787. Duty of big game transporters to report violations; registration of big game hunting base camps, cabins, and lodges. [Repealed, § 18 ch 37 SLA 1989.]

Sec. 16.05.788. Examination fee. [Repealed, § 24 ch 32 SLA 1971.]

Sec. 16.05.789. Prohibition on hunting adjacent to highway between Yukon River and Arctic Ocean.

1. 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.
2. A person who violates this section is guilty of a class A misdemeanor.

History. (§ 2 ch 177 SLA 1980)

Revisor’s notes. —

Enacted as AS 16.05.785 . Renumbered in 1980.

Cross references. —

For penalties for class A misdemeanors, see AS 12.55.035(b)(5) and 12.55.135(a) .

Administrative Code. —

For seasons and bag limits, see 5 AAC 85, art. 2.

For restricted areas, see 5 AAC 92, art. 12.

Legislative history reports. —

On July 1, 1980, the attorney general advised the governor that the house and senate did not pass the same bill (SCS HB 207 am S (H. failed eff. date)), and the governor, acting on that advice, returned the bill to the house unsigned. For governor’s transmittal letter, see 1980 House Journal, p. 2240, and 1980 Senate Journal, p. 1781. Legislative counsel advised that under art. II, §§ 17 and 18, Constitution of Alaska, the bill became law without the governor’s signature, with an effective date of October 5, 1980. By judgment dated March 19, 1981, in Alaska Legislative Council v. Hammond, case no. 4FA-80-1689, the superior court for the fourth judicial district upheld the validity of the enactment of ch. 177, SLA 1980.

Sec. 16.05.790. Obstruction or hindrance of lawful hunting, fishing, trapping, or viewing of fish or game.

1. 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
      1. behavior of the fish or game that another person is attempting to take or view; or
      2. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. For purposes of (a) of this section, “lawful” means
   1. in compliance with
      1. this title, regulations adopted under this title, or applicable federal statutes and regulations;
      2. the Marine Mammal Protection Act (P.L. 92-522) or the Endangered Species Act (P.L. 93-205); or
      3. 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.

History. (§ 1 ch 47 SLA 1991)

Revisor’s notes. —

Subsection (f) was formerly subsection (b). Relettered in 2012, at which time subsections (c) - (f) were relettered as (b) - (e), respectively.

Editor’s notes. —

For the Marine Mammal Protection Act (P.L. 92-5222), see 16 U.S.C. § 1361 et seq.; for the Endangered Species Act (P.L. 93-205), see 16 U.S.C. § 1531 et seq.

Administrative Code. —

For methods and means, see 5 AAC 92, art. 4.

Sec. 16.05.791. Civil remedies for violation of AS 16.05.790.

1. 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.
2. 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.
3. A court may award punitive damages in addition to the damages set out in (b) of this section.

History. (§ 1 ch 47 SLA 1991)

Sec. 16.05.792. Qualifications of Master Guides. [Repealed, § 2 ch 32 SLA 1968. For current law, see AS 08.54.]

Sec. 16.05.795. License not required. [Repealed, § 2 ch 32 SLA 1968. For current law, see AS 08.54.]

Sec. 16.05.796. Use of title. [Repealed, § 2 ch 32 SLA 1968. For current law, see AS 08.54.]

Sec. 16.05.797. Computer-assisted remote hunting prohibited.

1. 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.
2. 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.
3. 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.
4. 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.

History. (§ 1 ch 33 SLA 2007)

Sec. 16.05.798. Master guides. [Repealed, § 2 ch 32 SLA 1968. For current law, see AS 08.54.]

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.

History. (§ 25 art I ch 94 SLA 1959; am § 5 ch 131 SLA 1960; am § 13 ch 206 SLA 1975)

Opinions of attorney general. —

Since there exists no statutory justification for destroying unmarked king crab pots pursuant to exercise of the power of summary abatement, such pots should not be destroyed without judicial approval. 1980 Alas. Op. Att'y Gen. No. 18.

Nuisance presented by unmarked king crab pots should be abated by instituting forfeiture proceedings rather than by summarily destroying the pots. 1980 Alas. Op. Att'y Gen. No. 18.

The abatement procedures described in AS 09.45.230 do not apply to the fish and game abatement law (this section). 1980 Alas. Op. Att'y Gen. No. 18.

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.

History. (§ 26 art I ch 94 SLA 1959; am § 1 ch 42 SLA 1974)

Sec. 16.05.815. Confidential nature of certain reports and records.

1. Except as provided in (b) and (c) of this section, records required by regulations of the department concerning the landings of fish, shellfish, or fishery products, and annual statistical reports of fishermen, buyers, and processors required by regulation of the department are confidential and may not be released by the department or by the Alaska Commercial Fisheries Entry Commission except as set out in this subsection. The department may release the records and reports set out in this subsection to the Alaska Commercial Fisheries Entry Commission. The department and the Alaska Commercial Fisheries Entry Commission may release the records and reports set out in this subsection to the recipients identified in this subsection if the recipient, other than a recipient under  (6) — (10) of this subsection, agrees to maintain the confidentiality of the records and reports. The department and the Alaska Commercial Fisheries Entry Commission may release
   1. any of the records and reports to the National Marine Fisheries Service and the professional staff of the North Pacific Fishery Management Council as required for preparation and implementation of the fishery management plans of the North Pacific Fishery Management Council within the exclusive economic zone;
   2. any of the records and reports to the professional staff of the Pacific States Marine Fisheries Commission who are employed in the Alaska Fisheries Information Network project for the purpose of exchanging information with users authorized by the department;
   3. any of the records and reports to the Department of Revenue to assist the department in carrying out its statutory responsibilities;
   4. records or reports of the total value purchased by each buyer to a municipality that levies and collects a tax on fish, shellfish, or fishery products if the municipality requires records of the landings of fish, shellfish, or fishery products to be submitted to it for purposes of verification of taxes payable;
   5. records or reports of guided sport fishing activities filed by a guide to a municipality that levies a tax on those activities if the
      1. municipality requests the records for the purpose of verifying taxes payable; and
      2. activities occurred within the four calendar years preceding the date of the request;
   6. such records and reports as necessary to be in conformity with a court order;
   7. on request, the report of a person to the person whose fishing activity is the subject of the report, or to a designee of the person whose fishing activity is the subject of the report;
   8. on request, annual statistical reports of a fisherman, buyer, or processor to the fisherman, buyer, or processor whose activity is the subject of the report, or to a designee of the fisherman, buyer, or processor whose activity is the subject of the report;
   9. any of the records and reports to the Department of Public Safety for law enforcement purposes;
   10. fish tickets, fish ticket information, records required of sport fishing guides, and annual statistical reports of fishermen, buyers, and processors and information in those reports to the law enforcement personnel of the National Marine Fisheries Service and the National Oceanic and Atmospheric Administration for the purpose of enforcing fishery laws in waters of this state and in waters of the exclusive economic zone adjacent to this state;
   11. fish tickets, fish ticket information, and records required of sport fishing guides regarding halibut to the International Pacific Halibut Commission;
   12. any of the records and reports to the child support services agency created in  AS 25.27.010 , or the child support enforcement agency of another state, for child support purposes authorized under law;
   13. any of the records and reports to the Department of Natural Resources to assist the department in carrying out its statutory responsibilities in regard to sport fishing operations and sport fishing guides within the Kenai River Special Management Area under  AS 41.21.500 — 41.21.514 ; and
   14. fish ticket information and records or reports of the total value purchased by each fisherman, buyer, or processor to the National Marine Fisheries Service for the purpose of enforcing the industry fee system of a fishing capacity reduction program under 16 U.S.C. 1861a (Magnuson-Stevens Fishery Conservation and Management Act).
2. Except as provided in (c) of this section, records or reports received by the department which do not identify individual fishermen, buyers, or processors or the specific locations where fish have been taken are public information.
3. Crab stock abundance survey information that reveals crab catch by sampling location is confidential and is not subject to inspection or copying under  AS 40.25.110 — 40.25.120 until the close of the fishing season for which the survey was conducted.
4. Except as otherwise provided in this section, the department shall keep confidential (1) personal information contained in fish and wildlife harvest and usage data; and (2) the records of the department that concern (A) telemetry radio frequencies of monitored species; (B) denning sites; (C) nest locations of raptors that require special attention; (D) the specific location of animal capture sites used for wildlife research or management; and (E) the specific location of fish and wildlife species. The department may release records and information that are kept confidential under this subsection if the release is necessary to comply with a court order, if the requester is a state or federal agency, if the requester is under contract with the state or federal agency to conduct research on a fish or wildlife population, or if the requester has been authorized by the department to perform specific activities and agrees to use the records and information only for purposes as provided under a contract or agreement with the department. After 25 years, the records and information that are kept confidential under this subsection become public records subject to inspection and copying under  AS 40.25.110 — 40.25.140 unless the department determines that the release of the records or information may be detrimental to the fish or wildlife population. In this subsection, “personal information” has the meaning given in  AS 40.25.350 .
5. The department may charge a municipality a fee, set by the department under  AS 37.10.050 , to provide a record under (a)(5) of this section.

History. (§ 1 ch 117 SLA 1970; am § 1 ch 117 SLA 1974; am § 1 ch 66 SLA 1980; am §§ 1, 2 ch 72 SLA 1982; am § 1 ch 84 SLA 1985; am §§ 1, 2 ch 115 SLA 1988; am § 1 ch 32 SLA 1989; am § 10 ch 200 SLA 1990; am § 1 ch 89 SLA 1994; am § 19 ch 87 SLA 1997; am § 1 ch 59 SLA 1999; am § 1 ch 119 SLA 2002; am § 5 ch 70 SLA 2004; am § 1 ch 41 SLA 2007; am § 1 ch 74 SLA 2010; am §§ 3, 4 ch 77 SLA 2018)

Revisor’s notes. —

In 2000, in subsection (c), “AS 40.25.110 — 40.25.120 ” was substituted for “AS 09.25.110 — 09.25.120” and in subsection (d) “AS 40.25.110 — 40.25.140 ” was substituted for “AS 09.25.110 — 09.25.140 ” to reflect the 2000 renumbering of AS 09.25.110 — 09.25.140 .

In 2004, “child support enforcement agency created in AS 25.27.010 ” was changed to “child support services agency created in AS 25.27.010 ” in paragraph (a)(11) of this section in accordance with § 12(a), ch. 107, SLA 2004.

In 2007, “AS 40.25.350 ” was substituted for “AS 44.99.350” in subsection (d) to reflect the 2004 renumbering of AS 44.99.350.

Cross references. —

For exceptions to this section, see AS 16.43.520(i); for reporting of wholesale canned salmon prices, see AS 43.80.050 — 43.80.100 .

Effect of amendments. —

The 2018 amendment, effective August 8, 2018, in (a), substituted “under (6) – (10)” for “under (5) – (9)” following “other than a recipient” in the third sentence, added (a)(5), and made related changes; added (e).

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.

History. (§ 29 art I ch 94 SLA 1959; am § 14 ch 206 SLA 1975; am § 10 ch 208 SLA 1975)

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.

History. (§ 1 ch 220 SLA 1975)

Revisor’s notes. —

Formerly AS 16.05.865 . Renumbered in 2008.

Sec. 16.05.825. State upland game bird release program.

1. 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.
2. 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.
3. The department shall employ a method of tagging game birds released under this section and compile harvest statistics.
4. 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.

History. (§ 1 ch 31 SLA 1974; am § 15 ch 206 SLA 1975; am § 7 ch 126 SLA 1994)

Sec. 16.05.826. Waterfowl conservation stamp program.

1. 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.
2. 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.
3. 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.
4. [Repealed, § 28 ch 90 SLA 1991.]

History. (§ 5 ch 71 SLA 1984; am § 8 ch 106 SLA 1986; am § 31 ch 138 SLA 1986; am E.O. No. 73 § 12 (1989); am § 28 ch 90 SLA 1991)

Cross references. —

For legislative intent as to appropriation of stamp and print sale proceeds, see § 6, ch. 71, SLA 1984 in the Temporary and Special Acts.

Legislative history reports. —

For legislative letter of intent as to contracts for production, distribution, and sale of limited edition prints, see 1984 House Journal at p. 3421.

Sec. 16.05.827. Sale of subsistence salmon roe. [Repealed, § 4 ch 99 SLA 1975.]

Sec. 16.05.830. Wanton waste. [Repealed, § 1 ch 73 SLA 1968.]

Sec. 16.05.831. Waste of salmon.

1. 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.
2. The commissioner, upon request, may authorize other uses of salmon that would be consistent with maximum and wise use of the resource.
3. 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.

History. (§ 3 ch 99 SLA 1975; am § 18 ch 132 SLA 1984)

Revisor’s notes. —

This section was enacted in section 3 of both ch. 89 and ch. 99, SLA 1975. Chapter 99 had an immediate effective date (May 30, 1975), so the section was already in effect when ch. 89, enacting identical language, took effect on August 20, 1975.

Administrative Code. —

For salmon use, see 5 AAC 93, art. 3.

Sec. 16.05.835. Maximum length of salmon seine and certain hair crab vessels.

1. 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.
2. 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.
3. In this section, “overall length” means the straight line length between the extremities of the vessel excluding anchor rollers.

History. (§ 1 ch 252 SLA 1970; am § 1 ch 24 SLA 1990; am § 2 ch 126 SLA 1996; am § 1 ch 145 SLA 2004; am § 26 ch 56 SLA 2005)

Cross references. —

For legislative findings and intent relating to the amendment of this section by ch. 126, SLA 1996, see § 1, ch. 126, SLA 1996 in the Temporary and Special Acts.

Sec. 16.05.840. Fishway required. [Repealed, E.O. No. 107, § 44 (2003).]

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.

History. (E.O. No. 114 § 2 (2008))

Cross references. —

See also AS 16.10.010 — 16.10.050 .

Administrative Code. —

For fish habitat, see 5 AAC 95, art. 1.

Sec. 16.05.850. Hatchery required. [Repealed, E.O. No. 107, § 44 (2003).]

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.

History. (E.O. No. 114 § 2 (2008))

Sec. 16.05.860. Penalty for violating fishway and hatchery requirements. [Repealed, E.O. No. 107, § 44 (2003).]

Sec. 16.05.861. Penalty for violating fishway and hatchery requirements.

1. 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.
2. 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.

History. (E.O. No. 114 § 2 (2008))

Sec. 16.05.865. [Renumbered as AS 16.05.822.]

Sec. 16.05.868. [Renumbered as AS 16.05.733.]

Sec. 16.05.870. Protection of fish and game. [Repealed, E.O. No. 107, § 44 (2003).]

Sec. 16.05.871. Protection of fish and game.

1. 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.
2. 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.
3. 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.
4. 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 .

History. (E.O. No. 114 § 3 (2008))

Cross references. —

See also AS 16.10.010 — 16.10.050 .

Administrative Code. —

For fish habitat, see 5 AAC 95, art. 1.

Opinions of attorney general. —

The purpose of this section is to protect and conserve fish and game and other natural resources. 1964 Alas. Op. Att'y Gen. No. 10 (rendered under former AS 16.05.870 ).

Alaska has jurisdiction to enforce its fish and game laws in national forests. 1964 Alas. Op. Att'y Gen. No. 10 (rendered under former AS 16.05.870 ).

Alaska’s protective fish and game laws, especially this section, complement rather than conflict with federal government functions in national forests and should be enforced by both federal and state officials. 1964 Alas. Op. Att'y Gen. No. 10 (rendered under former AS 16.05.870 ).

The Department of Fish and Game has permit jurisdiction over activities affecting anadromous streams, over activities in streams “frequented by fish” if those latter activities will result in the physical obstruction of that stream, and over all land use activities within the state refuge system. March 4, 1982 Op. Att’y Gen (rendered under former AS 16.05.870 ).

This section gives the Department of Fish and Game jurisdiction over nonpoint pollutant sources adjacent to classified anadromous streams or their tributaries which, absent sufficient mitigating measures, would create a direct and substantial threat to pollution of the anadromous stream itself. March 4, 1982 Op. Att’y Gen (rendered under former AS 16.05.870 ).

The commissioner of the department of fish and game has the power to adopt procedural rules to implement this section and to establish by regulation the standards under which permits will be issued under this section. March 4, 1982 Op. Att’y Gen (rendered under former AS 16.05.870 ).

When the Department of Fish and Game or Boards of Fisheries and Game have established a general policy of requiring plans and specifications in all instances involving specific types of activities, that policy can and perhaps must be codified by regulation. March 4, 1982 Op. Att’y Gen (rendered under former AS 16.05.870 ).

The Department of Natural Resources, under the authority of AS 41.17.900(d) , cannot preempt the regulatory authority of the commissioner of fish and game under this section over nonpoint source pollution of anadromous streams caused by logging activities. March 4, 1982 Op. Att’y Gen (rendered under former AS 16.05.870 ).

There is no statutory basis in either AS 46.03 or AS 41.17 for implying that the Department of Fish and Game’s authority over “non-point source pollution” under this section is limited by the § 208 program of the 1972 Federal Water Pollution Control Act (PL 92-500). March 4, 1982 Op. Att’y Gen (rendered under former AS 16.05.870 ).

This section would seem to allow that the applicant submit, essentially, two permit applications — the first to determine whether a more detailed inquiry will be made, and the second to obtain the needed authorization. March 4, 1982 Op. Att’y Gen (rendered under former AS 16.05.870 ).

The word “pollute” in subsection (b) should be viewed as a jurisdictional incident distinct from the other listed results or activities in that subsection and not as a specific enumeration which is to be construed to modify and limit the more general phrases. March 4, 1982 Op. Att’y Gen (rendered under former AS 16.05.870 ).

The fundamental question concerning when a permit is required is whether the nature of the construction or work is such as to constitute a “desire to pollute,” and not what the individual hopes will or will not happen. March 4, 1982 Op. Att’y Gen (rendered under former AS 16.05.870 ).

When read together, this section and former AS 16.05.880 [now this section] were a licensing statute. March 4, 1982 Op. Att’y Gen (rendered under former AS 16.05.870 ).

There is no conflict between this section and AS 16.10.010 . March 4, 1982 Op. Att’y Gen (rendered under former AS 16.05.870 ).

This section has not been impliedly repealed by anything in Title 46, AS 41.17 or AS 16.10.010 . March 4, 1982 Op. Att’y Gen (rendered under former AS 16.05.870 ).

Sec. 16.05.880. Construction without approval prohibited. [Repealed, E.O. No. 107, § 44 (2003).]

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.

History. (E.O. No. 114 § 3 (2008))

Cross references. —

When read together, AS 16.05.870 [now AS 16.05.871 ] and this section are a licensing statute. March 4, 1982 Op. Att'y Gen. (rendered under former AS 16.05.880 ).

Opinions of attorney general. —

When read together, AS 16.05.870 [now AS 16.05.871 ] and this section are a licensing statute. March 4, 1982 Op. Att'y Gen. (rendered under former AS 16.05.880 ).

Sec. 16.05.890. Exemption for emergency situations. [Repealed, E.O. No. 107, § 44 (2003).]

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 .

History. (E.O. No. 114 § 3 (2008))

Sec. 16.05.895. Penalty for causing material damage. [Repealed, E.O. No. 107, § 44 (2003).]

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.

History. (E.O. No. 114 § 3 (2008))

Sec. 16.05.900. Penalty for violations of AS 16.05.870 — 16.05.895. [Repealed, E.O. No. 107, § 44 (2003).]

Sec. 16.05.901. Penalty for violations of AS 16.05.871 — 16.05.896.

1. A person who violates AS 16.05.871 — 16.05.896 is guilty of a class A misdemeanor.
2. The court shall transmit the proceeds of all fines to the proper state officer for deposit in the general fund of the state.

History. (E.O. No. 114 § 3 (2008))

Administrative Code. —

For prohibitions, see 5 AAC 38, art. 4.

For fish habitat, see 5 AAC 95, art. 1.

Sec. 16.05.902. Personnel and equipment used in exploration work.

Alaska residents and equipment shall be given preference in exploration work to be done by the department.

History. (§ 1 ch 98 SLA 1969)

Sec. 16.05.903. Big game photography contest. [Repealed, § 29 ch 132 SLA 1984.]

Sec. 16.05.905. Activities by aliens prohibited.

1. 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.
2. 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.

History. (§§ 1, 2 ch 85 SLA 1964)

Revisor’s notes. —

Subsection (b) was formerly AS 16.05.910 . Renumbered in 1992. In 1998, in subsection (b), “(a) of this section” was substituted for “ AS 16.05.905 ” in order to reflect the 1992 renumbering of former AS 16.05.910 .

Administrative Code. —

For permits and vessel license required, see 20 AAC 5, art. 1.

Collateral references. —

35A Am. Jur. 2d, Fish, Game and Wildlife Conservation, §§ 42, 43.

36A C.J.S., Fish, § 13.

Sec. 16.05.910. Penalty. [Renumbered as AS 16.05.905(b).]

Sec. 16.05.920. Prohibited conduct generally.

1. 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.
2. 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.

History. (§ 28 art I ch 94 SLA 1959; am § 3 ch 110 SLA 1970; am § 20 ch 132 SLA 1984; am E.O. No. 107, § 2 (2003); am E.O. No. 114, § 4 (2008))

Revisor’s notes. —

Former subsections (c) and (d) were renumbered as AS 16.05.921 in 1992.

Administrative Code. —

For statewide provisions, see 5 AAC 1, art. 1.

For salmon fishery, see 5 AAC 5, art. 3.

For prohibitions, see 5 AAC 27, art. 3.

For prohibitions, see 5 AAC 38, art. 4.

For special harvest areas, see 5 AAC 40, art. 2.

For permits, see 5 AAC 92, art. 3.

For methods and means, see 5 AAC 92, art. 4.

For possession and transportation, see 5 AAC 92, art. 6.

For use of game, see 5 AAC 92, art. 7.

Opinions of attorney general. —

Permitting authority over live game, that is, nondomestic animals, rests with the Board of Game as implemented by the Department of Fish and Game. Aug. 29, 1979 Op. Att’y Gen.

Neither the Board of Game nor the Department of Fish and Game has jurisdiction over domestic animals. August 29, 1979 Op. Att’y Gen.

Although no Alaska statutes or regulations expressly address sale of progeny of captive birds held under a permit, no law allows for it, and hence under subsection (a) it is not lawful; it makes no difference whether the permit is for scientific, educational, or propagative purposes. Oct. 20, 1987 Op. Att’y Gen.

The rights acquired in wildlife such as birds held under a collecting permit are, unless otherwise specified, to be distinguished from the rights acquired under AS 16.40.010 — 16.40.030 to surplus bison and musk oxen and even those acquired under a permit to collect foxes for fox farming issued under AS 16.05.930(f) . Oct. 20, 1987 Op. Att’y Gen.

A domestic or nondomestic animal becomes feral when it returns to a wild state. In the case of a partially domesticated or captive wild animal such as a fox that escapes, this generally means when the animal is no longer under the control of its owner or the owner is not in direct pursuit. In the case of a domestic animal such as a cow or pig that escapes, it is “feral” when it is living as a wild creature, and this may take more or less time depending on the circumstances. In the case of a domestic animal trespassing upon public lands, it could be declared “feral” under statute or regulation. July 30, 1987 Op. Att’y Gen.

No person may take a domestic animal that has become feral unless authorized by law or regulation. July 30, 1987 Op. Att’y Gen.

The common law trust ownership principle means that game is not the subject of private ownership except insofar as the people may elect to make it so; the legislature has specifically established this principle in subsection (a). Oct. 20, 1987 Op. Att’y Gen.

Sec. 16.05.921. Venomous reptiles and insects or their eggs; prohibited conduct; permits.

1. 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 .
2. 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.

History. (§ 21 ch 132 SLA 1984)

Revisor’s notes. —

Formerly AS 16.05.920 (c) and (d). Renumbered in 1992.

Sec. 16.05.925. Penalty for violations.

1. 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.
2. 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.

History. (§ 22 ch 132 SLA 1984; am § 30 ch 14 SLA 1987; am § 4 ch 46 SLA 1988; am § 1 ch 113 SLA 1996; am § 71 ch 21 SLA 2000; am E.O. No 107 § 3 (2003); am § 29 ch 75 SLA 2008; am E.O. No. 114 § 5 (2008))

Revisor’s notes. —

In 1992 a reference to AS 16.05.921 was inserted in subsection (a) to reflect the renumbering of former AS 16.05.920(c) and (d).

Cross references. —

For penalties for class A misdemeanors, see AS 12.55.035(b)(5) and 12.55.135(a) .

Administrative Code. —

For permits, see 5 AAC 92, art. 3.

Editor’s notes. —

Section 43(a), ch. 75, SLA 2008 provides that the 2008 amendment of (b) of this section “[applies] to an offense occurring on or after July 1, 2008.”

Section 44, ch. 75, SLA 2008 explicitly declares that sec. 29, ch. 75, SLA 2008, amending (b) of this section, is subject to severability as authorized by AS 01.10.030 .

Sec. 16.05.930. Exempted activities.

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. A permit may not be required for possessing, importing, or exporting mink and fox for fur farming purposes.
7. 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 .

History. (§ 28 art I ch 94 SLA 1959; am § 1 ch 7 SLA 1972; am § 2 ch 104 SLA 1972; am § 4 ch 82 SLA 1974; am §§ 16, 17 ch 206 SLA 1975; am § 1 ch 20 SLA 1976; am § 13 ch 151 SLA 1978; am § 4 ch 23 SLA 1983; am § 23 ch 132 SLA 1984; am § 8 ch 145 SLA 1988; am § 5 ch 6 SLA 1993; am § 3 ch 22 SLA 2001)

Revisor’s notes. —

In 1992 a reference to AS 16.05.921 was inserted in this section to reflect the renumbering of former AS 16.05.920(c) and (d). A related grammatical change was also made.

Cross references. —

For legislative intent in connection with the enactment of (e) of this section, see § 1, ch. 151, SLA 1978, in the Temporary and Special Acts.

Administrative Code. —

For permits, see 5 AAC 92, art. 3.

For possession and transportation, see 5 AAC 92, art. 6.

For use of game, see 5 AAC 92, art. 7.

For emergency taking, see 5 AAC 92, art. 9.

Legislative history reports. —

For letter of intent of the House Special Committee on Subsistence in connection with ch. 151, SLA 1978 (HB 960), see 1978 House Journal, p. 1154.

Opinions of attorney general. —

It is evident from the statutory langauge and purposes of subsection (f), which allows foxes to be collected to enhance the genetic stock of commercial fox farms, that the offspring of these foxes become the property of the fox farmer and may be sold. Oct. 20, 1987 Op. Att’y Gen.

Sec. 16.05.935. Restrictions on cooperation with federal government.

1. 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).
2. 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.

History. (§ 1 ch 114 SLA 1960; am §§ 2, 3 ch 56 SLA 1999; am § 1 ch 95 SLA 2003)

Revisor’s notes. —

Subsection (a) was formerly AS 16.20.010(b) and subsection (b) was formerly AS 16.20.010(c) . Renumbered in 2004.

Cross references. —

For legislative findings related to the enactment of subsection (a) (formerly AS 16.20.010(b) ), see § 1, ch. 56, SLA 1999 in the 1999 Temporary & Special Acts.

Sec. 16.05.940. Definitions.

In AS 16.05 — AS 16.40,

1. “aquatic plant” means any species of plant, excluding the rushes, sedges, and true grasses, growing in a marine aquatic or intertidal habitat;
2. “barter” means the exchange or trade of fish or game, or their parts, taken for subsistence uses
   1. for other fish or game or their parts; or
   2. for other food or for nonedible items other than money if the exchange is of a limited and noncommercial nature;
3. “a board” means either the Board of Fisheries or the Board of Game;
4. “commercial fisherman” means an individual who fishes commercially for, takes, or attempts to take fish, shellfish, or other fishery resources of the state by any means, and includes every individual aboard a boat operated for fishing purposes who participates directly or indirectly in the taking of these raw fishery products, whether participation is on shares or as an employee or otherwise; however, this definition does not apply to anyone aboard a licensed vessel as a visitor or guest who does not directly or indirectly participate in the taking; “commercial fisherman” includes the crews of tenders or other floating craft used in transporting fish, but does not include processing workers on floating fish processing vessels who do not operate fishing gear or engage in activities related to navigation or operation of the vessel; in this paragraph “operate fishing gear” means to deploy or remove gear from state water, remove fish from gear during an open fishing season or period, or possess a gill net containing fish during an open fishing period;
5. “commercial fishing” means the taking, fishing for, or possession of fish, shellfish, or other fishery resources with the intent of disposing of them for profit, or by sale, barter, trade, or in commercial channels; the failure to have a valid subsistence permit in possession, if required by statute or regulation, is considered prima facie evidence of commercial fishing if commercial fishing gear as specified by regulation is involved in the taking, fishing for, or possession of fish, shellfish, or other fish resources;
6. “commissioner” means the commissioner of fish and game unless specifically provided otherwise;
7. “customary and traditional” means the noncommercial, long-term, and consistent taking of, use of, and reliance upon fish or game in a specific area and the use patterns of that fish or game that have been established over a reasonable period of time taking into consideration the availability of the fish or game;
8. “customary trade” means the limited noncommercial exchange, for minimal amounts of cash, as restricted by the appropriate board, of fish or game resources; the terms of this paragraph do not restrict money sales of furs and furbearers;
9. “department” means the Department of Fish and Game unless specifically provided otherwise;
10. “domestic mammals” include musk oxen, bison, and reindeer, if they are lawfully owned;
11. “domicile” means the true and permanent home of a person from which the person has no present intention of moving and to which the person intends to return whenever the person is away; domicile may be proved by presenting evidence acceptable to the boards of fisheries and game;
12. “fish” means any species of aquatic finfish, invertebrate, or amphibian, in any stage of its life cycle, found in or introduced into the state, and includes any part of such aquatic finfish, invertebrate, or amphibian;
13. “fish derby” means a contest in which prizes are awarded for catching fish;
14. “fish or game farming” means the business of propagating, breeding, raising, or producing fish or game in captivity for the purpose of marketing the fish or game or their products, and “captivity” means having the fish or game under positive control, as in a pen, pond, or an area of land or water that is completely enclosed by a generally escape-proof barrier; in this paragraph, “fish” does not include shellfish, as defined in  AS 16.40.199 ;
15. “fish stock” means a species, subspecies, geographic grouping, or other category of fish manageable as a unit;
16. “fish transporter” means a natural person who holds a fish transporter permit issued under  AS 16.05.671 ;
17. “fishery” means a specific administrative area in which a specific fishery resource is taken with a specific type of gear; however, the Board of Fisheries may designate a fishery to include more than one specific administrative area, type of gear, or fishery resource; in this paragraph
    1. “gear” means the specific apparatus used in the harvest of a fishery resource; and
    2. “type of gear” means an identifiable classification of gear and may include
       1. classifications for which separate regulations are adopted by the Board of Fisheries or for which separate gear licenses were required by former AS 16.05.550 — 16.05.630 ; and
       2. distinct subclassifications of gear such as “power” troll gear and “hand” troll gear or sport gear and guided sport gear;
18. “fur dealing” means engaging in the business of buying, selling, or trading in animal skins, but does not include the sale of animal skins by a trapper or hunter who has legally taken the animal, or the purchase of animal skins by a person, other than a fur dealer, for the person’s own use;
19. “game” means any species of bird, reptile, and mammal, including a feral domestic animal, found or introduced in the state, except domestic birds and mammals; and game may be classified by regulation as big game, small game, fur bearers or other categories considered essential for carrying out the intention and purposes of  AS 16.05  —  AS 16.40;
20. “game population” means a group of game animals of a single species or subgroup manageable as a unit;
21. “hunting” means the taking of game under  AS 16.05 —  AS 16.40 and the regulations adopted under those chapters;
22. “nonresident” means a person who is not a resident of the state;
23. “nonresident alien” means a person who is not a citizen of the United States and whose permanent place of abode is not in the United States;
24. “operator” means the individual by law made responsible for the operation of the vessel;
25. “person with developmental disabilities” means a person who presents to the department an affidavit signed by a physician licensed to practice medicine in the state stating that the person is experiencing a severe, chronic disability
    1. attributable to a mental or physical impairment or a combination of mental and physical impairments;
    2. that is manifested before the person reaches 18 years of age;
    3. that is likely to continue indefinitely;
    4. that results in substantial functional limitations in three or more of the following areas of major life activity: self-care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living, and economic self-sufficiency;
    5. that reflects the person’s need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services that are of lifelong or extended duration and are individually planned and coordinated;
    6. and that the person is not a danger to themselves or others; and
    7. and that the person does not suffer from a mental illness; in this subparagraph, “mental illness” means an organic, mental, or emotional impairment that has substantial adverse effects on a person’s ability to exercise conscious control of the person’s actions or ability to perceive reality or to reason or understand.
26. “person with physical disabilities” means a person who presents to the department either written proof that the person receives at least 70 percent disability compensation from a government agency for a physical disability or an affidavit signed by a physician licensed to practice medicine in the state stating that the person is at least 70 percent physically disabled;
27. “personal use fishing” means the taking, fishing for, or possession of finfish, shellfish, or other fishery resources, by Alaska residents for personal use and not for sale or barter, with gill or dip net, seine, fish wheel, long line, or other means defined by the Board of Fisheries;
28. “resident” means
    1. a person who for the 12 consecutive months immediately preceding the time when the assertion of residence is made has maintained the person’s domicile in the state and who is neither claiming residency in another state, territory, or country nor obtaining benefits under a claim of residency in another state, territory, or country;
    2. a partnership, association, joint stock company, trust, or corporation that has its main office or headquarters in the state; a natural person who does not otherwise qualify as a resident under this paragraph may not qualify as a resident by virtue of an interest in a partnership, association, joint stock company, trust, or corporation;
    3. a member of the military service, or United States Coast Guard, who has been stationed in the state for the 12 consecutive months immediately preceding the time when the assertion of residence is made;
    4. a person who is the dependent of a resident member of the military service, or the United States Coast Guard, and who has lived in the state for the 12 consecutive months immediately preceding the time when the assertion of residence is made; or
    5. an alien who for the 12 consecutive months immediately preceding the time when the assertion of residence is made has maintained the person’s domicile in the state and who is neither claiming residency in another state, territory, or country nor obtaining benefits under a claim of residency in another state, territory, or country;
29. “rural area” means a community or area of the state in which the noncommercial, customary, and traditional use of fish or game for personal or family consumption is a principal characteristic of the economy of the community or area;
30. “seizure” means the actual or constructive taking or possession of real or personal property subject to seizure under  AS 16.05  —  AS 16.40 by an enforcement or investigative officer charged with enforcement of the fish and game laws of the state;
31. “sport fishing” means the taking of or attempting to take for personal use, and not for sale or barter, any fresh water, marine, or anadromous fish by hook and line held in the hand, or by hook and line with the line attached to a pole or rod which is held in the hand or closely attended, or by other means defined by the Board of Fisheries;
32. “subsistence fishing” means the taking of, fishing for, or possession of fish, shellfish, or other fisheries resources by a resident domiciled in a rural area of the state for subsistence uses with gill net, seine, fish wheel, long line, or other means defined by the Board of Fisheries;
33. “subsistence hunting” means the taking of, hunting for, or possession of game by a resident domiciled in a rural area of the state for subsistence uses by means defined by the Board of Game;
34. “subsistence uses” means the noncommercial, customary and traditional uses of wild, renewable resources by a resident domiciled in a rural area of the state for direct personal or family consumption as food, shelter, fuel, clothing, tools, or transportation, for the making and selling of handicraft articles out of nonedible by-products of fish and wildlife resources taken for personal or family consumption, and for the customary trade, barter, or sharing for personal or family consumption; in this paragraph, “family” means persons related by blood, marriage, or adoption, and a person living in the household on a permanent basis;
35. “take” means taking, pursuing, hunting, fishing, trapping, or in any manner disturbing, capturing, or killing or attempting to take, pursue, hunt, fish, trap, or in any manner capture or kill fish or game;
36. “taxidermy” means tanning, mounting, processing, or other treatment or preparation of fish or game, or any part of fish or game, as a trophy, for monetary gain, including the receiving of the fish or game or parts of fish or game for such purposes;
37. “trapping” means the taking of mammals declared by regulation to be fur bearers;
38. “vessel” means a floating craft powered, towed, rowed, or otherwise propelled, which is used for delivering, landing, or taking fish within the jurisdiction of the state, but does not include aircraft.

History. (§ 9 art III ch 94 SLA 1959; § 2 art I ch 95 SLA 1959; am §§ 1 — 4, 23 ch 131 SLA 1960; am § 23 ch 131 SLA 1960; am § 1 ch 21 SLA 1961; am §§ 1, 2 ch 102 SLA 1961; am § 1 ch 160 SLA 1962; am §§ 13, 14 ch 31 SLA 1963; am § 2 ch 32 SLA 1968; am § 3 ch 73 SLA 1970; am § 1 ch 91 SLA 1970; am § 4 ch 110 SLA 1970; am § 1 ch 90 SLA 1972; am § 5 ch 82 SLA 1974; am §§ 26, 82 ch 127 SLA 1974; am §§ 18 — 20 ch 206 SLA 1975; am § 12 ch 105 SLA 1977; am §§ 14, 15 ch 151 SLA 1978; am § 1 ch 78 SLA 1979; am § 1 ch 24 SLA 1980; § 4 ch 74 SLA 1982; am § 24 ch 132 SLA 1984; am §§ 9 — 11 ch 52 SLA 1986; am § 5 ch 76 SLA 1986; am § 1 ch 114 SLA 1988; am § 9 ch 145 SLA 1988; am § 3 ch 6 SLA 1989; am § 15 ch 211 SLA 1990; am § 18 ch 30 SLA 1992; am § 2 ch 49 SLA 1992; am § 3 ch 90 SLA 1992; am § 4 ch 1 SSSLA 1992; am § 4 ch 9 SLA 1994; am § 3 ch 38 SLA 1997; am § 4 ch 112 SLA 2003; am § 31 ch 18 SLA 2016)

Revisor’s notes. —

Reorganized in 1983, 1986, 1989, 1992, 2003, 2012, and 2016 to alphabetize the defined terms and to maintain alphabetical order. Former paragraph (13) was renumbered as AS 16.05.662(b) in 1992. Paragraph (25) was enacted as (38) and renumbered in 2016.

Both § 2, ch. 49, SLA 1992, and § 3, ch. 90, SLA 1992 amended former paragraph (12), now paragraph (17) of this section, defining “fishery”. Because the latter amendment took effect first and included the former amendment, paragraph (17) is set out as amended by § 3, ch. 90, SLA 1992.

Administrative Code. —

For Norton Sound-Port Clarence Area, see 5 AAC 1, art. 3.

For salmon fishery, see 5 AAC 5, art. 3.

For permits, see 5 AAC 92, art. 3.

Editor’s notes. —

Sections 5 and 12, ch. 1, SSSLA 1992, which provided for a delayed repeal of former paragraphs (36) and (37), now paragraphs (7) and (8) of this section, defining “customary and traditional” and “customary trade” respectively, were themselves repealed by §§ 1 and 2, ch. 1, FSSLA 1998 before the delayed repeal took effect.

Legislative history reports. —

For report on ch. 32, SLA 1968 (HCSCSSB 50 am), see 1968 House Journal, p. 169. For report on the 1974 amendment of former paragraph (2), now paragraph (4) of this section, defining “commercial fisherman,” ch. 127, SLA 1974 (SCSHB 817 am S), see 1974 House Journal, p. 657.

For legislative letter of intent in connection with the amendment to (4) of this section, defining “commercial fisherman,” by § 1, ch. 114, SLA 1988 (CSSB 309 (Res)), see 1988 Senate Journal 2027.

For an explanation of the 1994 amendment of (10) of this section, defining “domestic mammals,” see 1994 House Journal Supplement No. 12, February 22, 1994, page 2.

Opinions of attorney general. —

The paragraph defining “resident” did not grant special resident privileges to military personnel. 1964 Alas. Op. Att'y Gen. No. 2.

Term “customary trade” as used in the definition of “subsistence uses” allows for limited exchanges for cash other than for purely personal or family consumption. 1981 Alas. Op. Att'y Gen. No. 11.

Definition of “subsistence uses” in terms of “customary and traditional uses of wild, renewable resources” reflects the equating of “subsistence use” with use by rural residents. 1981 Alas. Op. Att'y Gen. No. 11.

A domestic or nondomestic animal becomes feral when it returns to a wild state. In the case of a partially domesticated or captive wild animal such as a fox that escapes, this generally means when the animal is no longer under the control of its owner or the owner is not in direct pursuit. In the case of a domestic animal such as a cow or pig that escapes, it is “feral” when it is living as a wild creature, and this may take more or less time depending on the circumstances. In the case of a domestic animal trespassing upon public lands, it could be declared “feral” under statute or regulation. July 30, 1987 Op. Att’y Gen.

The statutory term “feral domestic animal” found in the definition of “game” is a contradiction in terms; any regulatory clarification should focus on what is a “feral animal” and explain that the term “feral domestic animal” is interpreted to mean a domestic or domesticated animal that has become feral. July 30, 1987 Op. Att’y Gen.

If factual information supported the proposition that it is “customary and traditional” to make handicraft articles from sea otter skins, and if sea otters are or have been taken customarily and traditionally for direct personal or family consumption as food, shelter, fuel, clothing, tools, or transportation, then skins of sea otters could be used for making handicrafts, even if the meat were not eaten. If sea otters were not customarily and traditionally taken for food, shelter, fuel, clothing, tools, or transportation, it would arguably not be permissible to harvest the animals only for handicraft purposes under subsistence regulations. Mar. 14, 1988 Op. Att’y Gen.

A member of the military who claims Alaska residency, and who is transferred to another state, may be allowed to obtain a “resident” rather than a “nonresident” hunting or fishing license in that state, based upon the service member’s military status. Alaska statutes allow for such a limited availability of resident licenses for military personnel who are stationed in Alaska but claim residency elsewhere. Determination of each service member’s status must be made on a case–by–case basis, but where the licensing and residency laws of other jurisdictions mirror Alaska’s, a service member may obtain a “resident” license in the other jurisdiction without forfeiting Alaska residency. 2003 Op. Att'y Gen. 14.

Sec. 16.05.950. Short title of the chapter.

This chapter may be cited as the Fish and Game Code.

History. (§ 1 art I ch 94 SLA 1959)

Sec. 16.10.010. Interference with salmon spawning streams and waters.

1. 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.
2. 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.

History. (§ 39-2-31 ACLA 1949; am § 12 ch 117 SLA 1949; am § 6 ch 104 SLA 1971; am § 12 ch 208 SLA 1975; am § 28 ch 30 SLA 1996)

Cross references. —

See also AS 16.05.841 — 16.05.901 .

Legislative history reports. —

For the purpose of the amendments made to this section by § 28, ch. 30, SLA 1996 (CSSB 310 (STA)), see 1996 Senate Journal Supp. No. 15 (June 27, 1996).

Opinions of attorney general. —

There is no conflict between former AS 16.05.870 [now AS 16.05.871 ] and this section. March 4, 1982 Op. Att’y Gen.

Collateral references. —

35A Am. Jur. 2d, Fish, Game and Wildlife Conservation, § 28 et seq.

36A C.J.S., Fish, §§ 6 — 13, 36.

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.

History. (§ 39-2-32 ACLA 1949; am § 12 ch 117 SLA 1949; am § 6 ch 104 SLA 1971; am § 5 ch 21 SLA 1985)

Cross references. —

See also AS 16.05.841 — 16.05.901 .

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.

History. (§ 39-2-33 ACLA 1949; am § 13 ch 208 SLA 1975; am § 19 ch 30 SLA 1992)

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.

History. (§ 39-2-34 ACLA 1949)

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.

History. (§ 39-2-35 ACLA 1949)

Sec. 16.10.055. Interference with commercial fishing gear.

A person who wilfully or with reckless disregard of the consequences, interferes with or damages the commercial fishing gear of another person is guilty of a misdemeanor. For the purposes of this section “interference” means the physical disturbance of gear which results in economic loss or loss of fishing time, and “reckless disregard of the consequences” means a lack of consideration for the consequences of one’s acts in a manner that is reasonably likely to damage the property of another.

History. (§ 1 ch 55 SLA 1974)

Cross references. —

For punishment of misdemeanors, see AS 12.55.135(a) for imprisonment and AS 12.55.035 for fines.

Sec. 16.10.060. Prohibition against use of fish traps. [Repealed, § 27 ch 127 SLA 1974.]

Sec. 16.10.070. Operation of fish traps.

Fish traps, including but not limited to floating, pile-driven, or hand-driven fish traps, may not be operated in the state on or over state land, tideland, submerged land, or water. This section does not prevent the operation of small hand-driven fish traps of the type ordinarily used on rivers of the state that are otherwise legally operated in or above the mouth of a stream or river.

History. (§ 1 ch 95 SLA 1959)

Sec. 16.10.080. Federal compact exempted.

AS 16.10.070 may not be construed to violate sec. 4, P.L. 85-508 (72 Stat. 339) (Alaska Statehood Act), which constitutes a compact between the United States and Alaska, under which the state disclaims all right and title to land or other property (including fishing rights), the right or title to which may be held by Indians, Eskimos, or Aleuts, hereafter referred to as Natives, or which is held by the United States in trust for these Natives.

History. (§ 1 ch 95 SLA 1959)

Sec. 16.10.090. Penalty for violation of AS 16.10.070.

A person who violates AS 16.10.070 is guilty of a misdemeanor and is punishable by imprisonment for not more than one year, or by a fine of not more than $5,000 or by both.

History. (§ 5 ch 95 SLA 1959)

Sec. 16.10.100. Erection of fish traps prohibited on land or water owned by state.

Fish traps, including but not limited to floating, pile-driven, or hand-driven fish traps, may not be erected, moored, or maintained on or over land, tideland, submerged land, or water owned or otherwise acquired by the state. This section does not prevent the maintenance, use, or operation of small, hand-driven fish traps of the type ordinarily used on rivers of the state which are otherwise legally maintained and operated in or above the mouth of a stream or river.

History. (§ 1 ch 17 SLA 1959; am § 2 ch 95 SLA 1959)

Sec. 16.10.110. Penalty for violation of AS 16.10.100.

A person who violates AS 16.10.100 is guilty of a misdemeanor and is punishable by imprisonment for not more than one year or by a fine of not more than $5,000, or by both.

History. (§ 3 ch 17 SLA 1959; am § 4 ch 95 SLA 1959)

Sec. 16.10.120. Use of drum or reel in operation of purse seine.

A person may not use, employ, or operate a drum or reel around which a purse seine is coiled, rolled, or looped for purposes of taking or removing fish from a body of water located on or over land or tideland owned by the state or over which the state has jurisdiction. This section does not prevent the use of power blocks or the use of a reel mounted on a seine skiff to haul in or let out the separate purse seine lead which is temporarily connected to the purse seine proper, as these terms are generally employed or used in the fishing industry.

History. (§ 1 ch 26 SLA 1959; am § 1 ch 107 SLA 1962)

Sec. 16.10.125. Use of termination device on shellfish and bottom fish pot required.

The Board of Fisheries shall, by regulation, prescribe a termination device or devices for all shellfish and bottom fish pots. In this section “termination device” means a biodegradable seam or panel or other device that renders the pot incapable of holding shellfish or bottom fish for more than six months when it is continuously immersed in sea water.

History. (§ 3 ch 103 SLA 1977)

Sec. 16.10.130. Penalty for violation of AS 16.10.120 or 16.10.125.

A person who violates AS 16.10.120 or 16.10.125 is guilty of a misdemeanor, and upon conviction is punishable by imprisonment for not more than six months, or by a fine of not more than $1,000, or by both.

History. (§ 2 ch 26 SLA 1959; am § 4 ch 103 SLA 1977)

Secs. 16.10.140 — 16.10.160. Taking of herring spawn. [Repealed, § 2 ch 91 SLA 1970.]

Sec. 16.10.164. Policy on utilization of pollock.

The legislature declares that stripping roe from pollock without utilizing the flesh is wasteful and does not constitute utilization of this resource for the maximum benefit of the people. Therefore, it is the policy of the state that

1. roe stripping be eliminated to the fullest extent possible; and
2. pollock taken in a commercial fishery should be utilized for human consumption to the fullest extent practicable.

History. (§ 2 ch 116 SLA 1990)

Cross references. —

For legislative findings in connection with the enactment of this section and AS 16.10.165 , see § 1, ch. 116, SLA 1990 in the Temporary and Special Acts.

Sec. 16.10.165. Utilization of groundfish taken in a commercial fishery.

1. Unless otherwise provided by law, a person may not recklessly waste or cause to be wasted groundfish taken in a commercial fishery.
2. The Board of Fisheries may adopt regulations under AS 44.62 (Administrative Procedure Act) it considers necessary for implementation of this section.  The board may delegate its authority under this section to the commissioner.
3. A person who violates this section is guilty of a class A misdemeanor.
4. Each day on which a violation of this section occurs is a separate violation.
5. In this section
   1. “flesh” means all muscular body tissue surrounding the skeleton;
   2. “groundfish” means
      1. pollock; or
      2. other species of groundfish designated by the Board of Fisheries under authority of this section;
   3. “person” includes a joint venture;
   4. “waste” means the failure to use the flesh of groundfish for human consumption, reduction to meal, production of food for domestic animals or fish, bait, or scientific, display, or educational purposes; “waste” does not include normal, inadvertent loss of flesh associated with processing that cannot be prevented by practical means.

History. (§ 2 ch 116 SLA 1990; am §§ 1 — 3 ch 19 SLA 1998)

Revisor’s notes. —

Paragraph (e)(2) was enacted as (e)(4). Renumbered in 1998, at which time former (e)(2) and (3) were renumbered as (e)(3) and (4), respectively.

Cross references. —

For penalties for class A misdemeanors, see AS 12.55.035(b)(5) and 12.55.135(a) .

Sec. 16.10.172. Legislative policy on utilization of herring.

The legislature finds the following: (1) extensive and valuable herring populations are available for harvest in waters subject to the jurisdiction of the state; (2) commercial markets are available for herring processed in several forms; (3) one processing technique presently employed involves deliberately permitting decomposition of the herring carcass to allow for removal and subsequent sale of the roe product, with the consequence that the flesh is unusable and discarded. The legislature declares that the process referred to in (3) of this section is wasteful and does not constitute utilization of this resource for the maximum benefit of the people. Therefore, it is the policy of the legislature that this process should be eliminated to the fullest extent possible.

History. (§ 1 ch 9 SLA 1977)

Sec. 16.10.173. Utilization of commercially taken herring.

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

History. (§ 1 ch 9 SLA 1977; am § 26 ch 132 SLA 1984)

Revisor’s notes. —

In 1992, this section was reorganized as follows: former subsections (d) and (e) were relettered as (b) and (c), respectively; the former last sentence of (a) and the provisions of former (b) and (c) were relocated to (d)(1)-(3), at which time related minor word and punctuation changes were made; and former (f) was relettered as (e).

Cross references. —

For penalties for class A misdemeanors, see AS 12.55.035(b)(5) and 12.55.135(a) .

Sec. 16.10.175. Removal of herring from state.

1. A person may not remove herring from the state before the herring has been frozen or otherwise processed for shipment.
2. In this section, “processed for shipment” includes, but is not limited to, icing, stripping, or salting of the herring; however, it does not include salting of the herring if five percent or more of the body weight of the herring consists of roe.

History. (§ 3 ch 27 SLA 1980)

Sec. 16.10.180. Legislative findings.

The legislature finds and recognizes these facts:

1. migratory fish and migratory shellfish are present in commercial quantities inside and outside the territorial waters of the state;
2. migratory fish and migratory shellfish taken from the waters of the state are indistinguishable, in most cases, from those taken from the adjacent high seas;
3. substantial quantities of migratory fish and migratory shellfish move inshore and offshore intermittently and at various times during a given year and in so doing often enter and leave territorial waters of the state;
4. to conserve the migratory fish and migratory shellfish found inside the waters of the state it is necessary to strictly enforce local laws and regulations;
5. by making certain laws and regulations enacted or adopted for the regulation of the coastal fishery applicable to the adjacent high sea areas, enforcement of these laws and regulations is facilitated;
6. conservation regulations should not be adopted to impose economic sanctions.

History. (§ 1 ch 121 SLA 1960)

Sec. 16.10.190. Regulations.

The Board of Fisheries may adopt regulations to carry out the purposes of AS 16.10.180 — 16.10.230 defining the adjacent high sea areas, migratory fish, and migratory shellfish and to make coastal fishery regulations governing the manner, means, conditions, and time for the taking of migratory fish and migratory shellfish applicable in designated adjacent high sea areas.

History. (§ 2 ch 121 SLA 1960; am § 21 ch 206 SLA 1975)

Administrative Code. —

For Kuskokwim Area (Registration Area W), see 5 AAC 27, art. 13.

For Eastern Gulf of Alaska Area (Registration Area A), see 5 AAC 28, art. 4.

For Prince William Sound Area (Registration Area E), see 5 AAC 28, art. 5.

For registration areas, see 5 AAC 31, art. 1.

For registration areas, see 5 AAC 32, art. 1.

For registration areas, see 5 AAC 34, art. 1.

For registration areas, see 5 AAC 35, art. 1.

For description of area, see 5 AAC 36, art. 1.

For registration areas, see 5 AAC 38, art. 1.

For Southeast Alaska Area, see 5 AAC 47.

For Prince William Sound Area, see 5 AAC 55.

For Cook Inlet — Resurrection Bay Saltwater Area, see 5 AAC 58.

For Kodiak Area, see 5 AAC 64.

For Alaska Peninsula and Aleutian Islands Area, see 5 AAC 65.

For Bristol Bay Area, see 5 AAC 67.

Sec. 16.10.200. Unlawful taking prohibited.

A person taking migratory fish and migratory shellfish in high sea areas designated by the Board of Fisheries or in violation of the regulations adopted by the Board of Fisheries governing the taking of migratory fish and migratory shellfish in the designated areas may not possess, sell, offer to sell, barter, offer to barter, give, or transport in the state, including the waters of the state, migratory fish or migratory shellfish.

History. (§ 3 ch 121 SLA 1960; am § 22 ch 206 SLA 1975)

Administrative Code. —

For salmon, see 5 AAC 36, art. 3.

Sec. 16.10.210. Unlawful sale or offer prohibited.

A person may not possess, purchase, offer to purchase, sell, or offer to sell in the state migratory fish or migratory shellfish taken on the high seas knowing that they were taken in violation of a regulation adopted by the Board of Fisheries governing the taking of migratory fish or migratory shellfish in certain areas designated by the Board of Fisheries or the commissioner.

History. (§ 4 ch 121 SLA 1960; am § 23 ch 206 SLA 1975)

Sec. 16.10.220. Penalty for violation of AS 16.10.200 and 16.10.210.

A person who violates AS 16.10.200 and 16.10.210 is guilty of a misdemeanor, and upon conviction is punishable by a fine of not more than $5,000 or by imprisonment for not more than one year, or by both.

History. (§ 5 ch 121 SLA 1960)

Collateral references. —

Entrapment with respect to violation of fish and game laws. 75 ALR2d 709.

Sec. 16.10.230. Exemptions.

AS 16.10.180 — 16.10.220 do not apply to

1. the use of nets for fishing for or taking salmon for the purposes of scientific investigation authorized by state law; and
2. existing laws and regulations prohibiting the taking of salmon by means of nets on the high seas.

History. (§ 6 ch 121 SLA 1960; am § 29 ch 132 SLA 1984)

Revisor’s notes. —

Paragraphs (1) and (2) were formerly (2) and (3). Renumbered in 2012 due to the 1984 repeal of former paragraph (1).

Sec. 16.10.240. Transportation of live crab.

1. A person may not take out of or ship, transport, or send from this state any commercially taken live crab, unless the crab have been landed in a port in the state and recorded on a fish ticket form prescribed by the department.
2. Notwithstanding (a) of this section, live crab may be taken, shipped, transported, or sent from the state by means of surface transportation only if the crab are taken at a time and location in the state for which the Department of Environmental Conservation does not require seafood processors to test crab for the presence of marine toxins.

History. (§ 1 ch 33 SLA 1962; am § 2 ch 5 SLA 1966; am § 1 ch 14 SLA 1969; am § 1 ch 78 SLA 1996; am § 1 ch 25 SLA 2020)

Effect of amendments. —

The 2020 amendment, effective July 28, 2020, rewrote (a); and in (b), twice deleted “Dungeness” before “crab”, deleted “, species Cancer magister” near the beginning of the subsection, and added “only” after “surface transportation”.

Collateral references. —

35A Am. Jur. 2d, Fish, Game and Wildlife Conservation, § 55.

Sec. 16.10.250. Penalty.

A person, association, or corporation violating AS 16.10.240 or contributing to or cooperating in the violation of AS 16.10.240 is guilty of a misdemeanor, and upon conviction is punishable by a fine of not more than $5,000, or by imprisonment for not more than one year, or by both. Each unlawful removal of live crab is a separate offense. Vessels and equipment used in or in aid of a violation of AS 16.10.240 may be seized and disposed of as provided in AS 16.05.190 . Conviction under AS 16.10.240 is grounds for suspension of a fishing license or permit by the department.

History. (§ 2 ch 33 SLA 1962)

Sec. 16.10.265. Purchase of fish from permit holders.

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

History. (§ 2 ch 94 SLA 1982; am § 3 ch 145 SLA 1984; am E.O. No. 68, § 2 (1988); am § 5 ch 112 SLA 2003)

Revisor’s notes. —

In 1999, “commissioner of commerce and economic development” was changed to “commissioner of community and economic development” in (d) of this section in accordance with § 88, ch. 58, SLA 1999.

In 2004, “commissioner of community and economic development” was changed to “commissioner of commerce, community, and economic development” in (d) of this section, in accordance with § 3, ch. 47, SLA 2004.

Cross references. —

For additional penalty provisions related to unlawful purchase of fish, see AS 16.05.680 .

For penalties for misdemeanors generally, see AS 12.55.035 and 12.55.135 .

Sec. 16.10.267. Possession of permit and identification by seller.

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

History. (§ 2 ch 94 SLA 1982; am § 4 ch 145 SLA 1984; am § 1 ch 51 SLA 1989; am §§ 6 — 8 ch 112 SLA 2003)

Revisor’s notes. —

Subsection (d) was enacted as (e); relettered in 2003, at which time “(d)(2)” was substituted for “(e)(2)” in subsection (c). In 2012, “(d)” was substituted for “(e)” in subsection (b), to conform to the relettering of (e) as (d) in 2003.

Administrative Code. —

For permits and vessel license required, see 20 AAC 5, art. 1.

Sec. 16.10.268. Notice of liability.

1. The commissioner of labor and workforce development shall print posters that contain notice of the requirements of AS 16.10.265 .  The commissioner shall distribute the posters to fish processors, primary fish buyers, and cooperative corporations organized under AS 10.15 for the purpose of buying fish.
2. A fish processor, primary fish buyer, or cooperative corporation organized under AS 10.15 for the purpose of buying fish shall display in a prominent place on its business premises posters provided by the commissioner of labor and workforce development under (a) of this section.

History. (§ 2 ch 94 SLA 1982)

Revisor’s notes. —

In 1999, “commissioner of labor” was changed to “commissioner of labor and workforce development” in (a) and (b) of this section in accordance with § 90, ch. 58, SLA 1999.

Sec. 16.10.269. Limitations.

AS 16.10.265 and 16.10.267 do not apply to the purchase or sale of aquatic farm products from a holder of a permit issued under AS 16.40.100 or stock from a holder of a permit issued under AS 16.40.120 .

History. (§ 10 ch 145 SLA 1988)

Sec. 16.10.270. Purchase of fish by the pound.

1. A fish processor or primary fish buyer shall purchase raw fish by the pound.  The poundage of the fish to be purchased shall be determined by weighing the fish unless both the buyer and seller agree in writing upon a sample weighing technique that will fairly determine the average weight of the fish purchased.
2. A person who violates this section is guilty of a misdemeanor and upon conviction is punishable by imprisonment for not more than one year, or by a fine of not more than $5,000, or by both.

History. (§ 1 ch 49 SLA 1965; am § 1 ch 34 SLA 1969; am § 1 ch 102 SLA 1977)

Sec. 16.10.275. Regulations.

The commissioner may adopt regulations to carry out the provisions of AS 16.10.270 — 16.10.296 .

History. (§ 1 ch 18 SLA 1981)

Administrative Code. —

For security, see 8 AAC 27, art. 1.

For suspension and revocation of license, see 8 AAC 27, art. 2.

For assignment of claims, see 8 AAC 27, art. 3.

Sec. 16.10.277. Posting of current salmon price. [Repealed, § 1 ch 13 SLA 1997.]

Sec. 16.10.280. Price disputes between fishermen and fish processors.

In an area where a price dispute exists between at least one-third of the registered commercial fishermen for that area, as estimated by the Department of Fish and Game on the basis of information available to the department, and fish processors on the price to be paid for salmon, and no agreement has been reached up to 120 days before the opening of the salmon fishing season in that area, a representative from the Department of Labor and Workforce Development shall intervene as mediator of the dispute upon request of either party.

History. (§ 1 ch 242 SLA 1970; am § 1 ch 59 SLA 1980; am § 27 ch 132 SLA 1984)

Revisor’s notes. —

Enacted as AS 16.10.290 . Renumbered in 1970.

In 1999, “Department of Labor” was changed to “Department of Labor and Workforce Development” in this section in accordance with § 90, ch. 58, SLA 1999.

Sec. 16.10.290. Security for collection of wages and payment for raw fish. [Repealed, § 4, E.O. No. 85 (1993).]

Sec. 16.10.291. Exemption from bonding requirements. [Renumbered as AS 16.10.293(a).]

Secs. 16.10.292, 16.10.293. Filing evidence of compliance; exemptions from bonding requirement. [Repealed, § 4, E.O. No. 85 (1993).]

Sec. 16.10.294. Administrative and judicial orders.

1. [Repealed, § 4, E.O. No. 85 (1993).]
2. [Repealed, § 4, E.O. No. 85 (1993).]
3. [Repealed, § 4, E.O. No. 85 (1993).]
4. [Repealed, § 4, E.O. No. 85 (1993).]
5. If the commissioner determines that a fish processor or primary fish buyer is acting in violation of AS 16.10.270 — 16.10.280 , the commissioner shall give written notice prohibiting further action by the person as a fish processor or primary fish buyer.  The prohibition continues until the person has submitted evidence acceptable to the commissioner showing that the violation has been corrected.
6. A person affected by an order issued under AS 16.10.265 — 16.10.296 may seek equitable relief preventing the commissioner from enforcing the order.
7. In an action instituted in the superior court by the commissioner or a representative of the commissioner, a person acting in the capacity of a fish processor or primary fish buyer in violation of AS 16.10.265 — 16.10.296 may be enjoined from acting as a fish processor or primary fish buyer.

History. (§ 2 ch 102 SLA 1977; am E.O. No. 85 § 4 (1993); am §§ 15, 16 ch 23 SLA 1995)

Administrative Code. —

For security, see 8 AAC 27, art. 1.

For suspension and revocation of license, see 8 AAC 27, art. 2.

Sec. 16.10.295. Penalty. [Repealed, § 4, E.O. No. 85 (1993).]

Sec. 16.10.296. Definitions.

In AS 16.10.265 — 16.10.296 , unless the context otherwise requires,

1. “commissioner” means the commissioner of labor and workforce development;
2. “fish” means any species of aquatic finfish, invertebrates and amphibians, shellfish, or any other raw fishery resource, in any stage of its life cycle, found in or introduced into the state, and includes fish eggs except fish eggs sold for stock enhancement purposes;
3. “fish processor” means a person engaging or attempting to engage in a business for which a license is required under AS 43.75;
4. “primary fish buyer” means a person, other than a cooperative corporation organized under AS 10.15, engaging or attempting to engage in the business of originally purchasing or buying any fishery resource in intrastate, interstate, or foreign commerce.

History. (§ 2 ch 102 SLA 1977; am § 3 ch 94 SLA 1982)

Revisor’s notes. —

In 1999, “commissioner of labor” was changed to “commissioner of labor and workforce development” in this section in accordance with § 90, ch. 58, SLA 1999.

Cross references. —

For further definitions, see AS 16.05.940 .

Sec. 16.10.300. Declaration of policy.

It is the policy of the state, under AS 16.10.300 — 16.10.370 , to promote the rehabilitation of the state’s fisheries, the development of a predominantly resident fishery, and the continued maintenance of commercial fishing gear and vessels throughout the state by means of long-term low interest loans.

History. (§ 1 ch 134 SLA 1972; am § 1 ch 54 SLA 1973; am § 1 ch 128 SLA 1975)

Sec. 16.10.310. Powers of the department.

1. The department may
   1. make loans
      1. to individual commercial fishermen who have been state residents for a continuous period of two years immediately preceding the date of application for a loan under AS 16.10.300 — 16.10.370 , who have had an annual crewmember or commercial fishing license under AS 16.05.480 or a permit under AS 16.43 for the year immediately preceding the date of application and any other two of the past five years, and who actively participated in the fishery during those periods
         1. for the purchase of entry permits;
         2. to upgrade existing vessels and gear for the purpose of improving the quality of Alaska seafood products; or
         3. for propulsion engine or generator engine replacements on existing vessels for the purpose of improving fuel efficiency;
      2. to an individual for the repair, restoration, or upgrading of existing vessels and gear, for the purchase of entry permits and gear, and for the construction and purchase of vessels, if the individual has been a state resident for a continuous period of two years immediately preceding the date of application for a loan under AS 16.10.300 — 16.10.370 , is not eligible for financing from a state financial institution as defined in AS 06.01.050 , a federally chartered financial institution, or the Commercial Fishing and Agricultural Bank, and
         1. because of lack of training or lack of employment opportunities in the area of residence, does not have occupational opportunities available other than commercial fishing; or
         2. is economically dependent on commercial fishing for a livelihood and for whom commercial fishing has been a traditional way of life in Alaska;
      3. for the purchase of quota shares for fisheries in or off the state by individual commercial fishermen who
         1. have been state residents for a continuous period of two years immediately preceding the date of application for a loan under AS 16.10.300 — 16.10.370;
         2. for any two of the past five years, possessed an annual crewmember or commercial fishing license under AS 16.05.480 or a permit under AS 16.43 and actively participated in a fishery for which the license or permit was issued;
         3. qualify as transferees for quota shares under applicable law; and
         4. are not eligible for financing from other recognized commercial lending institutions to purchase quota shares;
      4. to an individual commercial fisherman to satisfy past due federal tax obligations, if the fisherman has been a state resident for a continuous period of two years immediately preceding the date of application for the loan, has filed past and current federal tax returns with the federal government, has executed an agreement with the federal government for repayment of past due federal tax obligations, and either
         1. because of lack of training or lack of employment opportunities in the area of residence, does not have occupational opportunities available other than commercial fishing; or
         2. is economically dependent on commercial fishing for a livelihood and for whom commercial fishing has been a traditional way of life in Alaska;
      5. for the purchase of fishing quota shares by a community quota entity eligible under federal statute or regulation to purchase the fishing quota shares if the community quota entity is not eligible or qualified for financing from other recognized commercial lending institutions to purchase the fishing quota shares;
      6. to an individual for the upgrade of existing tender vessels and gear to improve the quality of Alaska seafood products, if the individual has been a state resident for a continuous period of two years immediately preceding the date of application for a loan under AS 16.10.300 — 16.10.370;
   2. designate agents and delegate its powers to them as necessary;
   3. adopt regulations necessary to carry out the provisions of AS 16.10.300 — 16.10.370, including regulations to establish reasonable fees for services provided;
   4. establish amortization plans for repayment of loans, which may include extensions for poor fishing seasons or for adverse market conditions for Alaska products;
   5. enter into agreements with private lending institutions, other state agencies, or agencies of the federal government to carry out the purposes of AS 16.10.300 — 16.10.370;
   6. enter into agreements with other agencies or organizations to create an outreach program to make loans under AS 16.10.300 — 16.10.370 in rural areas of the state;
   7. allow an assumption of a loan if
      1. the applicant has been a state resident for a continuous period of two years immediately preceding the date of the request for an assumption; and
      2. approval of the assumption would be consistent with the purposes of AS 16.10.300; an applicant for a loan assumption may not be disqualified because the applicant does not meet the loan eligibility requirements of (1) of this subsection;
   8. prequalify loan applicants for a limited entry permit loan or a quota shares loan and charge a fee not to exceed $200 for prequalification;
   9. charge and collect the fees established under this subsection;
   10. refinance a debt obligation incurred by a borrower or borrowers under this section if the borrower or borrowers otherwise qualify for a loan under AS 16.10.300 — 16.10.370;
   11. refinance debt obligations, not to exceed $200,000, incurred by a borrower or borrowers for the purchase of a commercial fishing vessel or gear if the borrower or borrowers otherwise qualify for a loan under AS 16.10.300 — 16.10.370; the department may collect a refinancing loan origination charge as provided by regulation.
2. [Repealed, § 34 ch 79 SLA 1985.]
3. In determining whether an individual commercial fisherman is reasonably likely to be able to repay a loan made under AS 16.10.300 — 16.10.370 , the commissioner shall consider the individual commercial fisherman’s income from commercial fishing and from all other sources.
4. [Repealed, § 9 ch 62 SLA 1994.]
5. [Repealed, § 4 ch 12 SLA 2000.]

History. (§ 1 ch 134 SLA 1972; am § 2 ch 54 SLA 1973; am § 2 ch 128 SLA 1975; am § 2 ch 190 SLA 1976; am § 13 ch 105 SLA 1977; am §§ 1, 2 ch 83 SLA 1978; am § 1 ch 72 SLA 1979; am § 7 ch 113 SLA 1982; am § 1 ch 7 SLA 1983; am §§ 1, 2, 34 ch 79 SLA 1985; am §§ 21, 22 ch 36 SLA 1990; am § 1 ch 54 SLA 1993; am §§ 1, 3, 9 ch 62 SLA 1994; am § 2 ch 73 SLA 1994; am §§ 1—4 ch 127 SLA 2000; am § 1 ch 56 SLA 2003; am § 1 ch 38 SLA 2004; am § 4 ch 59 SLA 2005; am § 1 ch 85 SLA 2005; am § 1 ch 100 SLA 2006; am § 1 ch 120 SLA 2010)

Revisor’s notes. —

In 1997, to reconcile §§ 2 and 10, ch. 62, SLA 1994 with § 2, ch. 73, SLA 1994 the provisions of (a)(1)(C) and the references to a quota share loan in (a)(8) added by ch. 73, SLA 1994 were retained despite the delayed reenactment of subsection (a) by § 2, ch. 62, SLA 1994. For the same reason, “to” was inserted at the beginning of (a)(1)(A) and (B).

Cross references. —

For legislative purpose and intent in connection with the 1994 amendment of (a) of this section, see § 1, ch. 73, SLA 1994 in the Temporary and Special Acts. For temporary provisions, see secs. 64 - 67, ch. 113, SLA 1982.

Administrative Code. —

For repossessed property, see 3 AAC 77.

For commercial fishing loans, see 3 AAC 80.

Legislative history reports. —

For House letter of intent in connection with the 1994 amendment of (a) of this section by § 2, ch. 73, SLA 1994 (HCS CSSB 132(RES)), see 1994 House Journal 2253.

For governor’s transmittal letter for ch. 38, SLA 2004 (SB 387) amending subsection (a) of this section, see 2004 Senate Journal 2871-2872.

Opinions of attorney general. —

Five-year residency requirements provided for in subparagraphs (a)(1)(A), (a)(1)(B), and (a)(1)(C) (now repealed) of this section were unconstitutional, since the state’s interest in ensuring that only bona fide resident commercial fishermen qualify for the commercial fishing loan program did not outweigh the infringement on the right of less-than-five-year residents to share in the economic benefits of the program. November 26, 1982 Op. Att’y Gen. (opinion issued prior to 1983 amendment).

Sec. 16.10.315. Allocation of loans. [Repealed, § 4 ch 100 SLA 2006.]

Sec. 16.10.320. Limitations on loans.

1. Except as permitted in (h) and (l) of this section, a loan under AS 16.10.300 — 16.10.370
   1. may not exceed a term of 15 years, except for extensions under AS 16.10.310(a)(4) ;
   2. may not bear interest
      1. exceeding the prime rate, as defined by AS 44.88.599 , plus two percentage points;
      2. at a rate of more than 10 1/2 percent a year; or
      3. at a rate that is less than the cost of funds to the state;
   3. must be secured by a first priority lien and appropriate security agreement;
   4. may not exceed 80 percent of the appraised value of the collateral used to secure the loan; and
   5. may not be made to a person who has a past due child support obligation established by court order or by the child support services agency under AS 25.27.160 — 25.27.220 at the time of application.
2. A lien in favor of the state is not required for loans guaranteed fully by the federal government under 46 U.S.C. 1271  —  1279b (Federal Ship Financing Act of 1972), as amended. In the case of a security agreement given to secure a loan made under AS 16.10.300 — 16.10.370 and covering a vessel documented under the laws of the United States and so long as 46 U.S.C. 911-984 (Ship Mortgage Act, 1920) as amended, and 46 U.S.C. 801-842 (Shipping Act, 1916), as amended, remain ambiguous with respect to whether or not a state or state agency qualifies as a citizen of the United States for purposes of those Acts, the first lien requirement of this section may be satisfied by the recordation and endorsement of a first preferred ship mortgage under 46 U.S.C. 911-984, and by perfection of a security interest under AS 45.29 (Uniform Commercial Code  — Secured Transactions), if the approval of the Secretary of Transportation is obtained under 46 U.S.C. 839 for the transfer to the department of the interest in a vessel documented under the laws of the United States.  In the case of a security agreement given to secure a loan made under AS 16.10.300 — 16.10.370 and covering a vessel documented under the laws of the United States, the first lien requirement of this section may also be satisfied by use of a trust deed and bond issued under it, if the trustee is a citizen of the United States and obtains a first preferred ship mortgage on the vessel under 46 U.S.C. 911 — 984, and the approval of the Secretary of Transportation is obtained under 46 U.S.C. 839 and 961 for the transfer of the bond or bonds to the department if the trustee is not a trustee approved by the Secretary of Transportation under 46 U.S.C. 808, 835, and 961.
3. [Repealed, § 72 ch 113 SLA 1982.]
4. The total of balances outstanding on loans made to a borrower under AS 16.10.310(a) (1)(A) may not exceed $400,000. The total of balances outstanding on loans made to a borrower under AS 16.10.310(a)(1)(B) may not exceed $200,000. The total of balances outstanding on loans made to a borrower under AS 16.10.310(a) (1)(C) may not exceed $400,000. The total of balances outstanding on loans made to a borrower under AS 16.10.310(a)(1)(D) to satisfy past due federal tax obligations may not exceed $35,000. The total of balances outstanding on loans made under AS 16.10.310(a)(1)(E) may not exceed $2,000,000 for each community eligible under federal statute or regulation to establish or participate in the establishment of a community quota entity. The total of balances outstanding on loans made to a borrower under AS 16.10.310(a)(1)(F) may not exceed $400,000. Excluding loans made under AS 16.10.310(a)(1)(E) , the total of balances outstanding on all loans, including debt refinancing under AS 16.10.310(a), made to a borrower under AS 16.10.300 — 16.10.370 may not exceed $400,000.
5. Two or more individual commercial fishermen who each satisfy the requirements specified in AS 16.10.310(a)(1)(B) may jointly, whether operating as a corporation, partnership, joint venture, or otherwise, obtain a commercial fishing loan for the repair, restoration, or upgrading of an existing vessel and gear, for the purchase of gear, and for the construction or the purchase of a fishing vessel.  Loans granted under this subsection may not exceed the amount specified in (d) of this section multiplied by the number of qualified commercial fishermen applying for the loan.
6. [Repealed, § 34 ch 79 SLA 1985.]
7. [Repealed, § 72 ch 113 SLA 1982.]
8. A loan for an entry permit under AS 16.10.310(a)(1)(B) may be made for up to 100 percent of the appraised value of the collateral used to secure the loan if the borrower demonstrates that (1) the borrower has at least three years of experience as a commercial fisherman in the fishery to which the entry permit applies; and (2) the borrower has not owned an Alaska limited entry permit in the year immediately preceding the application for the loan.  In this subsection “three years of experience as a commercial fisherman in the fishery” means that for an accumulated total of three fishing seasons in the same fishery the borrower has actively participated in the commercial harvest of fish under the direction of a limited entry permit holder.
9. If a loan is made to a borrower under AS 16.10.310(a)(1) (A), a subsequent loan may not be made to the borrower under AS 16.10.310(a)(1) (B), unless the loan requested under AS 16.10.310(a)(1) is for propulsion engine or generator engine replacement on an existing vessel for the purpose of improving fuel efficiency or is for the purchase of an entry permit. If a loan is made to a borrower under AS 16.10.310(a)(1)(B) , a subsequent loan may be made to the borrower under AS 16.10.310(a)(1)(A) if the total of the balance outstanding on loans received by the borrower under AS 16.10.310(a)(1)(A) and (B) does not exceed $400,000.
10. All principal and interest payments, and any money chargeable to principal or interest that is collected through liquidation by foreclosure or other process, on loans made under  AS 16.10.300 — 16.10.370 , shall be paid into the commercial fishing revolving loan fund.
11. Two or more individuals who each satisfy the requirement specified in AS 16.10.310(a)(1)(F) may jointly, whether operating as a corporation, partnership, joint venture, or otherwise, obtain a commercial fishing loan, not to exceed $300,000, for the upgrade of existing tender vessels and gear to improve the quality of Alaska seafood products.
12. Until a community quota entity has used loans under this subsection to purchase fishing quota shares cumulatively authorizing a total take of 50,000 pounds, a loan or a portion of a loan made to that community quota entity under AS 16.10.310(a)(1)(E) may not exceed 95 percent of the appraised value of the collateral used to secure the loan or a portion of the loan. A loan to a community quota entity under AS 16.10.310(a)(1)(E)
    1. may not exceed a term of 25 years, except for extensions under AS 16.10.310(a)(4) ;
    2. may not, alone or in combination with other loans to the community quota entity under AS 16.10.310(a)(4) , exceed $1,000,000 in loans to one community quota entity;
    3. may have terms that allow for a community quota entity to defer interest payments for up to two years; and
    4. is not eligible for refinancing by the department.
13. In this section, “cost of funds” means the true interest cost expressed as a rate based on the prime rate plus one percentage point plus an additional percentage determined by the department to represent risk of loss, term of credit facility, the allocable expense of operation, cost of issuance, and loan servicing costs.

History. (§ 1 ch 134 SLA 1972; am § 3 ch 54 SLA 1973; am § 3 ch 128 SLA 1975; am § 1 ch 154 SLA 1977; am § 3 ch 83 SLA 1978; am §§ 2 — 7 ch 72 SLA 1979; am §§ 8 — 12, 72 ch 113 SLA 1982; am §§ 4 — 7, 34 ch 79 SLA 1985; am § 4 ch 116 SLA 1986; am § 23 ch 36 SLA 1990; am § 4 ch 62 SLA 1994; am §§ 3, 4 ch 73 SLA 1994; am § 27 ch 35 SLA 2003; am § 2 ch 56 SLA 2003; am § 2 ch 38 SLA 2004; am §§ 2, 3 ch 85 SLA 2005; am §§ 2, 3 ch 100 SLA 2006; am § 2 ch 120 SLA 2010; am §§ 1, 2 ch 47 SLA 2012; am §§ 1 — 4 ch 58 SLA 2012; am § 1 ch 99 SLA 2018)

Revisor’s notes. —

In 1987, “Secretary of Transportation” was substituted for “Secretary of Commerce” by the revisor in three places in subsection (b) to reflect a change in federal law.

In 2000, “AS 45.29” was substituted for “AS 45.09” in accordance with § 35, ch. 113, SLA 2000.

In 2004, “child support enforcement division” was changed to ‘child support services agency‘ in (a) of this section in accordance with § 12(a), ch. 107, SLA 2004, and to correct a manifest error.

Cross references. —

For provision prescribing the applicability of the 2012 amendments to (d) of this section, see § 3, ch. 47, SLA 2012, in the 2012 Temporary and Special Acts.

Administrative Code. —

For commercial fishing loans, see 3 AAC 80.

Effect of amendments. —

The 2018 amendment, effective November 29, 2018, in (d), substituted “may not exceed $400,000” for “may not exceed $300,000” three times, deleted “for the purchase of an entry permit and may not exceed $100,000 for all other loans under that subparagraph” at the end of the second sentence.

Editor’s notes. —

Following the positive law codification of 46 U.S.C., the citations to 46 U.S.C. 911 - 46 U.S.C. 984, 46 U.S.C. 1271 - 46 U.S.C. 1279b, and 46 U.S.C. 801 - 46 U.S.C. 842 in subsection (b) of this section are obsolete. For further information, refer to the table in 46 U.S.C. showing the disposition of former sections of Title 46 or Title 46 Appendix. For provisions of the Federal Ship Financing Act, see 46 U.S.C. 53701 et seq; for provisions of the Ship Mortgage Act, see 46 U.S.C. 31301 et seq.

Legislative history reports. —

For governor’s transmittal letter for ch. 38, SLA 2004 (SB 387) amending subsection (d) of this section, see 2004 Senate Journal 2871-2872.

Sec. 16.10.325. Guarantors.

A person may act as guarantor if the borrower has insufficient collateral to secure a loan for the purposes described in AS 16.10.310(a)(1)(B) or (C). The loan agreement shall specifically describe the property of the guarantor to be used as collateral by the borrower and shall be signed by the guarantor and the borrower. The department shall provide the guarantor with a copy of all notices sent to the borrower by the department. If the loan is for the purchase of an entry permit or quota shares, the guaranty by the guarantor may not constitute a lien, mortgage, or encumbrance on or pledge of the entry permit or quota shares.

History. (§ 13 ch 113 SLA 1982; am § 5 ch 73 SLA 1994)

Administrative Code. —

For commercial fishing loans, see 3 AAC 80.

Sec. 16.10.330. Sale or transfer of mortgages, bonds and notes. [Repealed, § 14 ch 122 SLA 1980.]

Sec. 16.10.333. Loans for purchase of Alaska limited entry permits.

1. Loans under AS 16.10.310(a) may be made to an individual commercial fisherman for the purchase of a limited entry permit upon certification by the commission that the fisherman is a person who qualifies as a transferee for the permit under AS 16.43 and the regulations adopted by the commission.
2. Upon approval by the commissioner, the permit to be purchased may be pledged as security for a loan under (a) of this section, if
   1. the certificate for the pledged permit lists the commissioner as the legal owner of the permit;
   2. the certificate for the pledged permit lists the debtor as the equitable owner of the permit;
   3. all annual permit cards issued under the pledged permit list the name of the debtor;
   4. all obligations and responsibilities of a permit owner are assumed by the debtor;
   5. co-signers or other sureties for performance under the note are not vested with any rights in the pledged permit and their obligation is limited to satisfaction of the note and payment of costs directly incurred by the department in administering the loan.
3. The commissioner is not liable for any act or omission resulting from permit ownership nor will that act or omission affect the commissioner’s title to the permit or the commissioner’s rights under it.
4. Upon satisfaction of the note by the debtor, the commissioner shall certify to the commission that the note has been satisfied.
5. Upon certification as provided in (d) of this section, the commission shall amend the permit certificate to list the debtor as the legal owner.
6. [Repealed, § 34 ch 79 SLA 1985.]

History. (§ 4 ch 83 SLA 1978; am § 1 ch 106 SLA 1980; am §§ 8, 34 ch 79 SLA 1985)

Cross references. —

For the reassignment of entry permits taken as security for loans after such permits are revoked, see AS 16.43.960(i) .

Administrative Code. —

For transfer of entry and interim-use permits, see 20 AAC 5, art. 17.

Sec. 16.10.335. Default and foreclosure.

1. If the debtor defaults upon a note for which a limited entry permit has been pledged as security under AS 16.10.333 or 16.10.338 , the commissioner shall provide the debtor, by both certified and first class mail sent to the debtor’s last known address on file with the commissioner, with a notice of default that includes
   1. a description of the security given for the note including the number assigned to the pledged permit by the commission;
   2. the date upon which the default occurred;
   3. the amount of the debtor’s outstanding principal and interest as of the date of the default notice, the total amount remaining on the note less unearned interest, and the amount of daily interest;
   4. a statement that the debtor may, within 15 days after the postmark date of the notice, request a hearing to submit evidence showing the debtor has not defaulted;
   5. a statement that the note may be reinstated if it is brought current within 120 days after the postmark date of the notice;
   6. a statement that, under AS 16.10.310(a)(4) , the debtor may reinstate the note by submitting to the commissioner a plan of repayment if the commissioner accepts the debtor’s plan of repayment;
   7. the place where reinstatement of the note or payment in full may be made; and
   8. a notice in at least 10-point bold type stating: IMPORTANT: YOUR FAILURE TO REINSTATE OR PAY THIS NOTE IN FULL BY THE DATE SPECIFIED WILL RESULT IN A FORFEITURE OF ALL RIGHTS TO THE PERMIT AND THE POSSIBILITY OF LEGAL ACTION BEING INSTITUTED AGAINST YOU.
2. In each case of a limited entry permit being pledged as security under AS 16.10.333 or 16.10.338 , the debtor shall maintain on file with the department an address where notice of default is to be sent, if necessary, and where that notice will be timely received by the debtor.
3. Upon presentation of evidence of mailing in accordance with (a) of this section, the receipt of the notice of default by the debtor will be presumed for all purposes.  This presumption is rebuttable by presentation of evidence sufficient to demonstrate lack of receipt of notice through no fault of the debtor.  Upon presentation of evidence sufficient to prove lack of receipt of notice through no fault of the debtor, the notice is a nullity.
4. If requested by the debtor, the commissioner may waive any of the time limits in (a) of this section for a period not to exceed 60 days if
   1. the debtor demonstrates good cause for the waiver; and
   2. the commissioner sets out in writing the reasons for approving the waiver.
5. Except as otherwise provided in (c) and (d) of this section, if the debtor fails to reinstate or satisfy the note within the time specified in (a)(5) of this section, the debtor’s interest in the permit is terminated by operation of law without further notice.
6. Notwithstanding (a) of this section, when a debtor files bankruptcy, the debtor’s interest in the limited entry permit is terminated by operation of law without further notice as of the date that the automatic stay issued in the bankruptcy is no longer in effect, unless the debtor has reaffirmed the debt.
7. If a limited entry permit that has been pledged as security under AS 16.10.333 or 16.10.338 is revoked under AS 16.43.970 , the debtor’s interest in the permit is terminated by operation of law without further notice as of the date that the revocation takes effect.

History. (§ 4 ch 83 SLA 1978; am § 9 ch 72 SLA 1979; am §§ 3, 4 ch 7 SLA 1983; am § 9 ch 79 SLA 1985; am §§ 1 — 4 ch 84 SLA 1991; am § 3 ch 110 SLA 1998)

Administrative Code. —

For repossessed property, see 3 AAC 77.

For commercial fishing loans, see 3 AAC 80.

Sec. 16.10.337. Deficiencies and transfer of entry permits after foreclosure.

1. Upon a foreclosure on an entry permit as provided in AS 16.10.335 or the termination of a debtor’s interest in an entry permit under AS 16.10.335(g) , the commissioner shall offer the commission a right of first refusal if the permit is subject to a buy-back program under AS 16.43.290 — 16.43.330 at a price equal to the amount outstanding on the note plus any costs the department directly incurred in administering the loan.
2. If the commission does not exercise its right of first refusal within 30 days after it receives the offer, or if the permit is not subject to a buy-back program under AS 16.43.290 — 16.43.330 , the department shall advertise and sell the permit. If the proceeds of the sale of a permit exceed the amount necessary to pay the note in full, plus penalties, costs of administration of the note, attorney fees, and child support liens of which the department has notice, the excess shall be transferred by the commissioner to the debtor. At any time until the permit has been sold under this subsection, the debtor may repurchase the permit by paying the department the amount necessary to pay the note in full, plus penalties, costs of administration of the note, and attorney fees, as determined by the commissioner.
3. [Repealed, § 72 ch 113 SLA 1982.]
4. Nothing in this section affects the right of the commissioner to institute legal action for a deficiency resulting from a default on a note given under AS 16.10.333 .  In addition to any deficiency, the debtor is liable for the costs of administering the note and for costs and attorney fees.

History. (§ 4 ch 83 SLA 1978; am § 72 ch 113 SLA 1982; am § 5 ch 7 SLA 1983; am § 4 ch 110 SLA 1998; am § 3 ch 56 SLA 2003)

Cross references. —

For the reassignment of entry permits taken as security for loans after such permits are revoked, see AS 16.43.960(i) .

Administrative Code. —

For repossessed property, see 3 AAC 77.

Sec. 16.10.338. Entry permits as collateral.

1. Alaska limited entry permits may be used as security for loans under AS 16.10.310(a) .  The provisions of AS 16.10.335 and 16.10.337 apply to Alaska limited entry permits pledged as security for loans in accordance with this section.
2. If a limited entry permit is pledged for security for a loan made under AS 16.10.310(a)(1)(B) for the repair, restoration, upgrading, construction, or purchase of a vessel and the borrower thereafter fails to make a payment or defaults, the commissioner shall, in addition to the notice provided under AS 16.10.335(a) , notify the borrower that subject to the commissioner’s acceptance the borrower may sell the vessel, apply the sales proceeds to the debt, and renegotiate payment of the balance due on the loan to avoid the immediate loss of the limited entry permit that has been pledged for security for the loan.
3. If a limited entry permit is pledged for security for a loan made under AS 16.10.310(a)(1)(C) for the purchase of quota shares and the borrower thereafter fails to make a payment or defaults, the commissioner shall, in addition to the notice provided under AS 16.10.335(a) , notify the borrower that subject to the commissioner’s acceptance the borrower may sell the quota shares, apply the sales proceeds to the debt, and renegotiate payment of the balance due on the loan to avoid the immediate loss of the limited entry permit that has been pledged for security for the loan.

History. (§ 10 ch 72 SLA 1979; am § 5 ch 84 SLA 1991; am § 6 ch 73 SLA 1994)

Sec. 16.10.339. Regulations.

The department shall adopt regulations to implement AS 16.10.333 — 16.10.337 .

History. (§ 4 ch 83 SLA 1978; am § 10 ch 79 SLA 1985)

Administrative Code. —

For repossessed property, see 3 AAC 77.

For commercial fishing loans, see 3 AAC 80.

For transfer of entry and interim-use permits, see 20 AAC 5, art. 17.

Sec. 16.10.340. Commercial fishing revolving loan fund.

1. There is a commercial fishing revolving loan fund to carry out the purpose of  AS 16.10.300 — 16.10.370 .
2. Money in the fund may be used by the legislature to make appropriations for costs of administering  AS 16.10.300 — 16.10.370 .
3. If the commissioner determines that the fund contains money that is excess to that needed to carry out the purpose of  AS 16.10.300 — 16.10.370 , then the commissioner may use the excess money to carry out the purpose of  AS 16.10.500 — 16.10.560 .

History. (§ 1 ch 134 SLA 1972; am § 2 ch 177 SLA 1976; am § 24 ch 36 SLA 1990; am § 5 ch 62 SLA 1994; am §§ 5, 6 ch 58 SLA 2012)

Editor’s notes. —

Section 63, ch. 113, SLA 1982, provides: “All assets of the fishermen’s mortgage and note fund (AS 16.10.650 ) (now repealed) are transferred to the commercial fishing revolving loan fund (AS 16.10.340 ). Repayments of principal and interest on loans made from the fishermen’s mortgage and note fund shall be deposited into the commercial fishing revolving loan fund by the commissioner of the Department of Commerce and Economic Development as they are received.”

Sec. 16.10.342. Foreclosure expense account.

1. There is established as a special account within the commercial fishing revolving loan fund the foreclosure expense account.
2. [Repealed, § 72 ch 113 SLA 1982.]
3. The commissioner may expend money credited to the foreclosure expense account when necessary to protect the state’s security interest in collateral on loans granted under  AS 16.10.300 — 16.10.370 or to defray expenses incurred during foreclosure proceedings after a default by an obligor.

History. (§ 4 ch 83 SLA 1978; am § 72 ch 113 SLA 1982; am §§ 7, 8 ch 58 SLA 2012)

Administrative Code. —

For repossessed property, see 3 AAC 77.

Sec. 16.10.345. Community quota entity revolving loan fund.

History. [Repealed, § 14 ch 58 SLA 2012]

Sec. 16.10.350. Administration of fund.

1. The commissioner shall administer the commercial fishing revolving loan fund.
2. The commissioner shall annually prepare a report detailing the number and nature of reinstatements authorized by AS 16.10.335(a)(5) and notify the legislature that the report is available.

History. (§ 1 ch 134 SLA 1972; am § 6 ch 84 SLA 1991; am § 20 ch 21 SLA 1995; am §§ 10, 11 ch 58 SLA 2012)

Sec. 16.10.353. Waiver of confidentiality.

1. The commissioner may release information about a borrower’s loan to any individual when release of the information has been authorized by the borrower.
2. A person obtaining a loan under AS 16.10.300 — 16.10.370 after June 28, 1991 may, by signing a form prepared for the purpose, designate the names of persons and organizations to whom a copy of the notice required by AS 16.10.335 must be sent.

History. (§ 7 ch 84 SLA 1991)

Sec. 16.10.355. Disposal of property acquired by default or foreclosure.

The department shall dispose of property acquired through default or foreclosure of a loan made under AS 16.10.300 — 16.10.370 or former AS 16.10.650 — 16.10.720. Disposal shall be made in a manner that serves the best interests of the state, and may include the amortization of payments over a period of years, but may not be by lease.

History. (§ 11 ch 79 SLA 1985)

Administrative Code. —

For repossessed property, see 3 AAC 77.

Sec. 16.10.360. Definitions.

In AS 16.10.300 — 16.10.370 ,

1. “commission” means the Alaska Commercial Fisheries Entry Commission;
2. “commissioner” means the commissioner of commerce, community, and economic development;
3. “debtor” means an individual commercial fisherman who either initially contracts for a loan under AS 16.10.333 — 16.10.337 or assumes a loan as provided in those sections;
4. “department” means the Department of Commerce, Community, and Economic Development;
5. “quota share” means a transferable license, permit, or right issued by the federal government that conveys a right to engage in a fishery in or off Alaska and to take a specified portion of the annual harvest quota for that fishery.

History. (§ 1 ch 134 SLA 1972; am § 5 ch 83 SLA 1978; am § 7 ch 73 SLA 1994)

Revisor’s notes. —

In 1999, “commissioner of commerce and economic development” was changed to “commissioner of community and economic development” and “Department of Commerce and Economic Development” was changed to “Department of Community and Economic Development” in accordance with § 88, ch. 58, SLA 1999.

In 2004, “commissioner of community and economic development” was changed to “commissioner of commerce, community, and economic development” and “Department of Community and Economic Development” was changed to “Department of Commerce, Community, and Economic Development”, in accordance with § 3, ch. 47, SLA 2004.

Cross references. —

For further definitions, see AS 16.05.940 .

Sec. 16.10.370. Short title.

AS 16.10.300 — 16.10.370 may be cited as the Commercial Fishing Loan Act.

History. (§ 1 ch 134 SLA 1972)

Sec. 16.10.375. Regional salmon plans.

The commissioner shall designate regions of the state for the purpose of salmon production and have developed and amend as necessary a comprehensive salmon plan for each region, including provisions for both public and private nonprofit hatchery systems. Subject to plan approval by the commissioner, comprehensive salmon plans shall be developed by regional planning teams consisting of department personnel and representatives of the appropriate qualified regional associations formed under AS 16.10.380 .

History. (§ 2 ch 161 SLA 1976; am § 2 ch 154 SLA 1977)

Administrative Code. —

For applicability of regulations, see 5 AAC 40, art. 3.

For permit application procedures, see 5 AAC 40, art. 4.

For regional comprehensive planning, see 5 AAC 40, art. 5.

Sec. 16.10.380. Regional associations.

1. The commissioner shall assist in and encourage the formation of qualified regional associations for the purpose of enhancing salmon production.  A regional association is qualified if the commissioner determines that it
   1. is comprised of associations representative of commercial fishermen in the region;
   2. includes representatives of other user groups interested in fisheries within the region who wish to belong; and
   3. possesses a board of directors that includes no less than one representative of each user group that belongs to the association.
2. A qualified regional association, when it becomes a nonprofit corporation under AS 10.20, is established as a service area in the unorganized borough under AS 29.03.020 for the purpose of providing salmon enhancement services.
3. In this section “user group” includes, but is not limited to, sport fishermen, processors, commercial fishermen, subsistence fishermen, and representatives of local communities.

History. (§ 2 ch 161 SLA 1976; am § 2 ch 59 SLA 1979)

Revisor’s notes. —

In 2004, subsection (b) was relettered as (c) and (c) was relettered as (b).

Administrative Code. —

For regional comprehensive planning, see 5 AAC 40, art. 5.

Sec. 16.10.400. Permits for salmon hatcheries.

1. The commissioner or a designee may issue a permit, subject to the restrictions imposed by statute or regulation under AS 16.10.400 — 16.10.470 , to a nonprofit corporation organized under AS 10.20, after the permit application has been reviewed by the regional planning team, for
   1. the construction and operation of a salmon hatchery;
   2. the operation of a hatchery under AS 16.10.480 .
2. The application for a permit under this section shall be on a form prescribed by the department and be accompanied by an application fee of $100. The commissioner may waive the submission of an application for a permit to operate a hatchery under AS 16.10.480 .
3. A hatchery permit is nontransferable. If a permit holder sells or leases a hatchery for which a permit is issued under this section, the new operator shall apply for a new permit under this section.
4. [Repealed, § 19 ch 154 SLA 1977.]
5. A qualified regional association formed under AS 16.10.380 , if it has become a nonprofit corporation under AS 10.20, has a preference right to a permit under (a)(1) of this section if its proposed hatchery is provided for in the comprehensive plan for that region developed under AS 16.10.375 and the fresh water source exceeds one cubic foot per second minimum flow.  Another local nonprofit hatchery corporation approved by a qualified regional association has an identical preference right.
6. Except for permits issued before June 16, 1976, a permit may not be issued for construction or operation of a hatchery on an anadromous fish stream unless the stream has been classified as suitable for enhancement purposes by the commissioner.  The commissioner shall undertake to make such classifications in conjunction with the development of the comprehensive plan under AS 16.10.375 .
7. During the development of a comprehensive plan for a region a permit may not be issued for a hatchery unless the commissioner determines that the action would result in substantial public benefits and would not jeopardize natural stocks.

History. (§ 2 ch 111 SLA 1974; am § 3 ch 161 SLA 1976; am §§ 3, 19 ch 154 SLA 1977; am §§ 2 — 4 ch 14 SLA 1988)

Cross references. —

For legislative intent in connection with the enactment of AS 16.10.400 — 16.10.470 , see § 1, ch. 111, SLA 1974, in the Temporary and Special Acts.

Administrative Code. —

For permit application procedures, see 5 AAC 40, art. 4.

Opinions of attorney general. —

Since the conditions for issuance of a hatchery permit do not appear to be inconsistent with the operation of a fish processing and marketing facility in conjunction with the hatchery, a nonprofit hatchery can also process and market fisheries’ products, but any profit would have to be used for expansion or improvement of facilities, hatcheries research or other authorized purposes of the regional association within which the corporation is located. June 11, 1984, Op. Att’y Gen.

Sec. 16.10.410. Hearings before permit issuance.

1. At least 30 days before the issuance of a permit under AS 16.10.400 , a public hearing shall be held in a central location in the vicinity of the proposed hatchery facility.
2. Notice of the hearing shall be published in a newspaper of general circulation once a week for three consecutive weeks, with completion of the notice at least 10 days before the hearing.
3. The hearing shall be conducted by the department. At a hearing for a permit under AS 16.10.400(a)(1) , the applicant shall present a plan for the proposed hatchery, describing the capacity of the hatchery and other relevant facts that may be of interest to the department or the public. Interested members of the public shall be afforded an opportunity to be heard.
4. The department shall record and consider objections and recommendations offered by the public at the hearing conducted under this section.  It shall respond in writing, within 10 days after the hearing is held, to any specific objections offered by a member of the public at the hearing.

History. (§ 2 ch 111 SLA 1974; am § 5 ch 14 SLA 1988)

Administrative Code. —

For permit application procedures, see 5 AAC 40, art. 4.

Sec. 16.10.420. Conditions of a permit.

The department shall require, in a permit issued to a hatchery operator, that

1. salmon eggs procured by the hatchery must be from the department or a source approved by the department;
2. salmon eggs or resulting fry may not be placed in waters of the state other than those specifically designated in the permit;
3. salmon eggs or resulting fry, sold to a permit holder by the state or by another party approved by the department, may not be resold or otherwise transferred to another person;
4. salmon may not be released by the hatchery before department approval, and, for purposes of pathological examination and approval, the department shall be notified of the proposed release of salmon at least 15 days before the date of their proposed release by the hatchery;
5. diseased salmon be destroyed in a specific manner and place designated by the department;
6. adult salmon be harvested by hatchery operators only at specific locations as designated by the department;
7. surplus eggs from salmon returning to the hatchery be made available for sale first to the department and then, after inspection and approval by the department, to operators of other hatcheries authorized by permit to operate under AS 16.10.400 — 16.10.470 ;
8. if surplus salmon eggs are sold by a permit holder to another permit holder, a copy of the sales transaction be provided to the department;
9. a hatchery be located in an area where a reasonable segregation from natural stocks occurs, but, when feasible, in an area where returning hatchery fish will pass through traditional salmon fisheries.

History. (§ 2 ch 111 SLA 1974; am § 5 ch 110 SLA 1980)

Revisor’s notes. —

Paragraph (9) was formerly (10). Renumbered in 2012 to reflect the 1980 repeal of former paragraph (9).

Administrative Code. —

For special harvest areas, see 5 AAC 40, art. 2.

Sec. 16.10.430. Alteration, suspension, or revocation of permit.

1. If a permit holder fails to comply with the conditions and terms of the permit issued under AS 16.10.400 — 16.10.470 within a reasonable period after notification of noncompliance by the department, the permit may be suspended or revoked, in the discretion of the commissioner after the regional planning team for the area in which the hatchery is located is notified and granted an opportunity to comment upon the proposed suspension or revocation.
2. If the commissioner finds that the operation of the hatchery is not in the best interests of the public, the commissioner may alter the conditions of the permit to mitigate the adverse effects of the operation, or, if the adverse effects are irreversible and cannot be mitigated sufficiently, initiate a termination of the operation under the permit over a reasonable period of time under the circumstances, not to exceed four years. During the period of time that the operation is being terminated, the permit holder may harvest salmon under the terms of the permit but may not release additional fish.

History. (§ 2 ch 111 SLA 1974; am § 4 ch 154 SLA 1977)

Administrative Code. —

For permit application procedures, see 5 AAC 40, art. 4.

Sec. 16.10.440. Regulations relating to released fish.

1. Fish released into the natural waters of the state by a hatchery operated under AS 16.10.400 — 16.10.470 are available to the people for common use and are subject to regulation under applicable law in the same way as fish occurring in their natural state until they return to the specific location designated by the department for harvest by the hatchery operator.
2. The Board of Fisheries may, after the issuance of a permit by the commissioner, amend by regulation adopted in accordance with AS 44.62 (Administrative Procedure Act), the terms of the permit relating to the source and number of salmon eggs, the harvest of fish by hatchery operators, and the specific locations designated by the department for harvest.  The Board of Fisheries may not adopt any regulations or take any action regarding the issuance or denial of any permits required in AS 16.10.400 — 16.10.470 .

History. (§ 2 ch 111 SLA 1974; am § 24 ch 206 SLA 1975; am § 3 ch 59 SLA 1979)

Administrative Code. —

For salmon fishery, see 5 AAC 21, art. 3.

For salmon fishery, see 5 AAC 33, art. 3.

For special harvest areas, see 5 AAC 40, art. 2.

Sec. 16.10.443. Department assistance and cooperation.

1. Before and after permit issuance under AS 16.10.400 — 16.10.470 , the department shall make every effort, within the limits of time and resources, to advise and assist applicants or permit holders, as appropriate, in the planning, construction, or operation of salmon hatcheries.
2. Nothing in this section exempts an applicant or permit holder from compliance with AS 16.10.400 — 16.10.470 or from compliance with the regulations or restrictions adopted under AS 16.10.400 — 16.10.470 .

History. (§ 1 ch 97 SLA 1975)

Sec. 16.10.445. Egg sources.

1. The department shall approve the source and number of salmon eggs taken under AS 16.10.400 — 16.10.470 .
2. Where feasible, salmon eggs utilized by a hatchery operator shall first be taken from stocks native to the area in which the hatchery is located, and then, upon department approval, from other areas, as necessary.

History. (§ 2 ch 111 SLA 1974)

Sec. 16.10.450. Sale of salmon and salmon eggs: use of proceeds; quality and price.

1. Except as otherwise provided in a contract for the operation of a hatchery under AS 16.10.480 , a hatchery operator who sells salmon returning from the natural waters of the state, or sells salmon eggs to another hatchery operating under AS 16.10.400 — 16.10.470 , after utilizing the funds for reasonable operating costs, including debt retirement, expanding its facilities, salmon rehabilitation projects, fisheries research, or costs of operating the qualified regional association for the area in which the hatchery is located, shall expend the remaining funds on other fisheries activities of the qualified regional association.
2. Fish returning to hatcheries and sold for human consumption shall be of comparable quality to fish harvested by commercial fisheries in the area and shall be sold at prices commensurate with the current market.

History. (§ 2 ch 111 SLA 1974; am § 5 ch 154 SLA 1977; am § 6 ch 14 SLA 1988)

Sec. 16.10.455. Cost recovery fisheries.

1. A hatchery permit holder may harvest salmon for a facility in
   1. a special harvest area through agents, or employees of or persons under contract with the permit holder as provided under a permit from the department or regulations of the Board of Fisheries; or
   2. a terminal harvest area through the common property fishery under this section.
2. A hatchery permit holder may, by a majority vote of the membership of the hatchery permit holder’s board, elect to harvest surplus salmon produced at a facility in a terminal harvest area established for that facility through the common property fishery. At the request of the hatchery permit holder and if the commissioner of fish and game determines that there are no allocative issues involved, and after reasonable consultation with affected commercial fishermen and the organizations of affected commercial fishermen, the commissioner may adopt regulations governing the harvest of surplus salmon in a terminal harvest area when the hatchery permit holder elects to harvest surplus salmon produced at a facility through a common property fishery. The regulations must specify the terms, conditions, and rules under which the common property fishery in the terminal harvest area shall be conducted, including requirements for hold inspections and reporting of harvests and sales of salmon taken in the terminal harvest area. Following adoption of regulations by the department, each year before March 10, the hatchery permit holder’s board, by a majority vote of the board’s membership, may determine whether the hatchery will operate under the regulations adopted under this subsection during the current calendar year, and shall notify the department if the hatchery intends to operate under the regulations adopted under this subsection. The Board of Fisheries may adopt regulations under AS 16.05.251 regarding a fisheries management plan governing operations under this subsection in a terminal harvest area, including allocation plans. Participation in the fishery must be open to all interim-use permit and entry permit holders who hold permits to operate a type of gear that may be used in the fishing district in which the terminal harvest area is located if that type of gear is authorized by regulation to be used in the terminal harvest area. An interim-use permit holder or an entry permit holder who takes salmon in a common property fishery in a terminal harvest area may sell the salmon to any fish buyer or processor who is licensed to do business in the state.
3. As a condition of participation in a common property salmon fishery in a terminal harvest area under this section, a fisherman who participates in the fishery is subject to the payment of the assessment levied under (d) of this section on the projected value of the salmon or on the pounds of salmon harvested. The assessment is levied on the salmon that the fisherman takes in the terminal harvest area and sells to a licensed buyer. The buyer of the salmon must be licensed under AS 43.75, and the buyer shall collect the assessment on salmon taken in a terminal harvest area at the time of purchase and remit the assessment to the Department of Revenue in accordance with regulations adopted by the Department of Revenue.
4. The Department of Revenue may, by regulation, annually, by March 1 of each year, set the assessment levied on salmon taken in a terminal harvest area in consultation with the Department of Commerce, Community, and Economic Development, the hatchery permit holder, and representatives of affected commercial fishermen. The assessment shall provide sufficient revenue to cover debt service to the state, reasonable operating expenses, reasonable maintenance expenses, and development or maintenance of a reserve fund up to 100 percent of annual operating costs of the hatchery permit holder. In setting the assessment, the department shall consider the estimated return and harvest of salmon in the terminal harvest area, the projected price to be paid for salmon in the region, the amount of the existing reserve held by the hatchery permit holder, and the amount by which the assessment collected in previous years exceeded or fell short of the amount anticipated to be collected. The assessment may not exceed 50 percent of the value of the salmon. The department may levy the assessment as a percentage of the projected value of the salmon returning to the terminal harvest area or as a flat rate on each pound of salmon harvested in the area, to the nearest whole cent.
5. The Department of Revenue shall deposit the assessments collected under this section in the general fund. The legislature may appropriate the funds collected under this section to the hatchery permit holder who operates a facility in the terminal harvest area in which the assessment was levied. A hatchery permit holder shall use funds appropriated under this subsection for the purposes set out under AS 16.10.450(a) . The legislature may also appropriate funds collected under this section to the Department of Revenue for costs incurred by the department under this section.
6. A person who violates a regulation adopted under (b) of this section is guilty of a violation under AS 16.05.722 or a misdemeanor under AS 16.05.723 . A person who violates a regulation adopted by the Department of Revenue under (c) of this section is guilty of a class A misdemeanor.
7. In this section,
   1. “facility” means a hatchery or salmon rehabilitation project for which a permit is issued under AS 16.10.400 — 16.10.470 ;
   2. “special harvest area” means an area designated by the commissioner or the Board of Fisheries where salmon returning to a hatchery may be harvested by the hatchery operators, and, in some situations, by the common property fishery;
   3. “terminal harvest area” means a harvest area, which may include a hatchery release site, established by the commissioner or the Board of Fisheries where salmon returning to a hatchery may be harvested by the common property fishery;
   4. “value” has the meaning given in AS 43.75.290 .

History. (§ 1 ch 92 SLA 2006; am §§ 1, 2 ch 69 SLA 2014)

Cross references. —

For a temporary extension of time for payment of an assessment under this section until July 15, 2020, in light of the COVID-19 public health disaster emergency declared on March 11, 2020, see § 11, ch. 10, SLA 2020 in the 2020 Temporary and Special Acts.

For punishment of misdemeanors, see AS 12.55.135(a) for imprisonment and AS 12.55.035 for fines.

Sec. 16.10.460. Inspection of hatchery.

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

History. (§ 2 ch 111 SLA 1974; am § 4 ch 110 SLA 1980)

Sec. 16.10.470. Annual report.

1. A person who holds a permit for the operation of a salmon hatchery under AS 16.10.400 — 16.10.470 shall submit an annual report no later than December 15 to the department and to the qualified regional association for the area in which the hatchery is located, to include but not be limited to information pertaining to species; brood stock source; number, age, weight, and length of spawners; number of eggs taken and fry fingerling produced; and the number, age, weight, and length of adult returns attributable to hatchery releases, on a form to be provided by the department.
2. A person who holds a permit for the operation of a salmon hatchery under AS 16.10.400 — 16.10.470 and each regional association levying a voluntary assessment under AS 16.10.540 shall submit an annual financial report to the Department of Commerce, Community, and Economic Development on a form to be provided by the Department of Commerce, Community, and Economic Development.

History. (§ 2 ch 111 SLA 1974; am § 6 ch 154 SLA 1977; am § 4 ch 59 SLA 1979; am § 31 ch 14 SLA 1987)

Revisor’s notes. —

In 1999, in (b) of this section, “Department of Commerce and Economic Development” was changed to “Department of Community and Economic Development” in accordance with § 88, ch. 58, SLA 1999.

In 2004, “Department of Community and Economic Development” was changed to “Department of Commerce, Community, and Economic Development” in (b) of this section, in accordance with § 3, ch. 47, SLA 2004.

Administrative Code. —

For applicability of regulations, see 5 AAC 40, art. 3.

Sec. 16.10.475. Definitions. [Repealed, § 32 ch 14 SLA 1987.]

Sec. 16.10.480. Contracts for the operation of state hatcheries.

1. If the department determines that it is unable to continue operating a state-owned hatchery or that it is in the best interest of the state to provide for the operation of the hatchery by another person or by another person in cooperation with the state, the department may enter into a contract for the operation or cooperative operation of the hatchery.
2. Notwithstanding AS 36.30, when selecting a contractor under (a) of this section, the department shall give a preference to the regional association organized under AS 16.10.380 that is located in the region in which the hatchery is located. If the department determines that the preferred regional association does not meet the criteria established by the department for the contract, the department may not award the contract to the preferred regional association and shall procure the contract under AS 36.30 after considering the recommendations of the preferred regional association.
3. Except as otherwise provided in this section, a contract entered into under this section must provide that the hatchery will be operated under AS 16.10.400 — 16.10.470 and the regulations adopted under those sections.
4. The department may issue to a contractor who operates a hatchery under this section a permit to harvest adult salmon during the term of the contract at locations designated by the department. The contractor shall use funds received from the sale of adult salmon harvested under the permit to recover all or part of the costs of operating the hatchery and may use the remaining funds for improvements to the hatchery or other salmon enhancement or rehabilitation projects, fisheries research, or the contractor’s reasonable operating or administrative costs in the region in which the hatchery is located including debt retirement or for other fisheries activities of the contractor.
5. A contract under this section for the operation of a hatchery may not affect the state’s ownership of the hatchery and does not affect the state’s responsibility to manage the resource.
6. The operation of a hatchery under a contract authorized by this section shall be conducted in accordance with the fisheries management and production goals of the department, and must be consistent with the comprehensive regional salmon plan approved under AS 16.10.375 . During the term of the contract, the department may order changes in the operation of the hatchery that are necessary to ensure consistency with the production goals of the comprehensive regional salmon plan. The contract must specify the species to be raised and the production goals for each species, and these specifications must comply with the comprehensive regional salmon plan. The department may terminate a contract if the contractor fails to operate the hatchery in accordance with the requirements established by and under this subsection.

History. (§ 1 ch 14 SLA 1988; am §§ 1, 2 ch 84 SLA 1994)

Legislative history reports. —

For legislative letter of intent on ch. 14, SLA 1988 (CCS SB 410), see 1988 Senate Journal 2422.

Sec. 16.10.500. Declaration of policy.

It is the policy of the state, under AS 16.10.500 — 16.10.560 , to promote the enhancement of the state’s fisheries by means of grants for organizational and planning purposes to regional associations described in AS 16.10.510 that have qualified under AS 16.10.380 , and by means of long-term, low interest loans for hatchery planning, construction, and operation and for planning and implementation of enhancement and rehabilitation activities including, but not limited to, lake fertilization and habitat improvement.

History. (§ 1 ch 190 SLA 1976; am § 7 ch 154 SLA 1977; am § 2 ch 106 SLA 1980; am § 6 ch 21 SLA 1985)

Sec. 16.10.505. Fisheries enhancement revolving loan fund.

1. There is created within the Department of Commerce, Community, and Economic Development a revolving fund to be known as the fisheries enhancement revolving loan fund. Except as provided in (b) and (c) of this section, the fund shall be used to carry out the purposes of AS 16.10.500 — 16.10.560 and for no other purpose. All principal and interest payments, and money chargeable to principal or interest that is collected through liquidation by foreclosure or other process on loans made under AS 16.10.500 — 16.10.560 , shall be paid into the fisheries enhancement revolving loan fund.
2. Money in the fund may be used by the legislature to make appropriations for costs of administering AS 16.10.500 — 16.10.560 .
3. Money in the fund that the commissioner determines to be excess to that needed to carry out the purpose of AS 16.10.500 — 16.10.560 may be used to carry out the purpose of AS 16.10.300 — 16.10.370 .

History. (§ 8 ch 154 SLA 1977; am § 7 ch 21 SLA 1985; am §§ 25, 26 ch 36 SLA 1990; am §§ 6, 7 ch 62 SLA 1994)

Revisor’s notes. —

In 1999, in (a) of this section, “Department of Commerce and Economic Development” was changed to “Department of Community and Economic Development” in accordance with § 88, ch. 58, SLA 1999.

In 2004, in (a) of this section, “Department of Community and Economic Development” was changed to “Department of Commerce, Community, and Economic Development”, in accordance with § 3, ch. 47, SLA 2004.

Sec. 16.10.507. Foreclosure expense account.

1. There is established as a special account within the fisheries enhancement revolving loan fund the foreclosure expense account.  This account is established as a reserve from fund equity.
2. The commissioner may expend money credited to the foreclosure expense account when necessary to protect the state’s security interest in collateral on loans made under AS 16.10.520 or to defray expenses incurred during foreclosure proceedings after a default by an obligor.

History. (§ 12 ch 79 SLA 1985)

Sec. 16.10.510. Powers and duties of the commissioner.

The commissioner may

1. make loans to permit holders, under AS 16.10.400 — 16.10.470 , including those holders issued permits before June 24, 1977, for the planning, construction, and operation of hatchery facilities;
2. make loans to qualified regional associations that have formed a nonprofit corporation or a local nonprofit corporation approved by a qualified regional association, for preconstruction activities necessary to obtain a permit;
3. designate agents and delegate powers to them as necessary;
4. adopt regulations necessary to carry out the provisions of AS 16.10.500 — 16.10.560 , including regulations to establish reasonable fees for services provided;
5. establish amortization plans for repayment of loans, not to exceed 30 years unless the commissioner has extended the term of the loan beyond 30 years under (11) of this section;
6. establish the rate of interest for loans not to exceed nine and one-half percent a year;
7. establish regional and local offices and advisory groups to carry out, or assist in carrying out, the duties and authority of the commissioner;
8. make grants for organizational and planning purposes to qualified regional associations that have formed a nonprofit corporation, in amounts not exceeding $100,000 per region and up to an additional $100,000 on a 50/50 cash matching basis with the regional associations that have an authorized royalty assessment under AS 16.10.540 ; the state portion of the matching share shall be available when a final vote for assessments is made under AS 16.10.540 ; this provision also applies to qualified regional associations that have formed a nonprofit corporation before June 24, 1977;
9. make loans to qualified regional associations that have formed a nonprofit corporation or to local nonprofit corporations approved by qualified regional associations for planning and implementation of fisheries enhancement and rehabilitation activities including, but not limited to, lake fertilization and habitat improvement;
10. refinance a debt obligation incurred by a borrower under this section if the borrower otherwise qualifies for a loan under AS 16.10.500 — 16.10.560 ; the interest rate for a loan to refinance a debt obligation incurred under this section may not exceed the interest rate that is in effect for new loans under this section at the time that the loan commitment for the refinancing loan is made; a loan made under this paragraph is not subject to AS 16.10.525 ;
11. extend the term of a loan made under this section if the commissioner finds that extension of the term of the loan would alleviate an undue financial hardship on the borrower; the commissioner shall submit annually a report to the legislature summarizing the commissioner’s decisions during the prior calendar year to approve or deny requests to extend loans under this paragraph and the reasons for the decisions;
12. charge and collect the fees established under this section.

History. (§ 1 ch 190 SLA 1976; am §§ 9 — 11 ch 154 SLA 1977; am § 5 ch 59 SLA 1979; am § 11 ch 72 SLA 1979; am §§ 3, 4, 77 ch 106 SLA 1980; am §§ 27, 28 ch 36 SLA 1990; am § 1 ch 26 SLA 2002)

Administrative Code. —

For repossessed property, see 3 AAC 77.

For fisheries enhancement loans and grants, see 3 AAC 81.

Sec. 16.10.520. Limitation on loans.

1. A single fisheries enhancement loan may not exceed $10,000,000 for a hatchery or other enhancement or rehabilitation activity conducted under a permit granted to a qualified regional association that has formed a nonprofit corporation, or to a local nonprofit corporation approved by a qualified regional association.  A loan for any other nonprofit hatchery corporation project may not exceed $1,000,000.
2. Loans for the total project costs may be made if the commissioner determines that the applicant has sufficient financial resources to insure the establishment of an equity position in the project equal to 10 percent of the loan within 10 years or less, either through a royalty assessment levied under AS 16.10.540 or other means approved by the commissioner.  For purposes of this subsection, “total project costs” includes planning and construction costs for the facility and the cost of operations for not more than the first 10 years. The costs for operations shall be loaned on an annual basis.
3. All loans shall be secured by collateral satisfactory to the commissioner, including but not limited to a first deed of trust, assignment of lease and leasehold improvements, sale of surplus fish from the hatchery, or royalty assessments from fishermen levied under AS 16.10.540 .
4. The commissioner may require adequate evidence of performance in utilizing loan funds approved for an initial or preliminary project before approving a subsequent loan application.
5. The total amount of loans made or purchased in any fiscal year may not exceed the amount specifically authorized by statute.
6. The commissioner may not make a loan under AS 16.10.500 — 16.10.550 from funds available under AS 16.10.340(c) , unless the commissioner determines, in consultation with the appropriate regional planning team established under AS 16.10.375 , that the hatchery or other enhancement or rehabilitation activity for which the loan is requested will provide a significant contribution to common property fisheries, be operated in a manner beneficial to the public interest, and be managed in a financially viable manner that is reasonably expected to result in repayment of the loan.

History. (§ 1 ch 190 SLA 1976; am §§ 12, 13 ch 154 SLA 1977; am §§ 6, 7 ch 59 SLA 1979; am §§ 5, 6 ch 106 SLA 1980; am § 1 ch 32 SLA 1982; am § 8 ch 62 SLA 1994; am § 27 ch 56 SLA 2005)

Administrative Code. —

For fisheries enhancement loans and grants, see 3 AAC 81.

Sec. 16.10.525. Repayment of principal and interest on loans.

The commissioner may not require the repayment of principal on a loan made under AS 16.10.510 for the initial period of the loan. Interest on the principal of a loan made under AS 16.10.510 does not accrue during the initial period of the loan. In this subsection, the “initial period of the loan” means a period of time determined by the commissioner that is not less than six years or more than 10 years from the date the loan is made.

History. (§ 7 ch 106 SLA 1980)

Administrative Code. —

For fisheries enhancement loans and grants, see 3 AAC 81.

Editor’s notes. —

Section 79, ch. 106, SLA 1980, makes this section retroactive to, and applicable to loans made under AS 16.10.510 after, June 18, 1976.

Sec. 16.10.530. Royalty assessment on sale of salmon. [Repealed, § 67 ch 6 SLA 1984.]

Sec. 16.10.540. Voluntary assessment on sale of salmon.

1. An association of persons who hold entry permits under AS 16.43, that consists of at least 51 percent of the persons holding entry permits and actively participating in a fishery to be benefited by a hatchery program, may levy and collect an assessment from among its members for the purpose of securing and repaying a loan made under AS 16.10.510 .
2. Upon satisfactory demonstration to the commissioner that an assessment levied under this section may reasonably be relied upon to secure and repay a loan to be made under AS 16.10.510 , the commissioner may make the loan.
3. [Repealed, § 33 ch 14 SLA 1987.]

History. (§ 1 ch 190 SLA 1976; am § 9 ch 59 SLA 1979; am § 33 ch 14 SLA 1987)

Sec. 16.10.550. Sale or transfer of mortgages and notes. [Repealed, § 14 ch 122 SLA 1980.]

Sec. 16.10.555. Disposal of property acquired by default or foreclosure.

The Department of Commerce, Community, and Economic Development shall dispose of property acquired through default or foreclosure of a loan made under AS 16.10.500 — 16.10.560 . Disposal shall be made in a manner that serves the best interests of the state, and may include the amortization of payments over a period of years.

History. (§ 13 ch 79 SLA 1985; am § 1 ch 152 SLA 1988)

Revisor’s notes. —

In 1999, “Department of Commerce and Economic Development” was changed to “Department of Community and Economic Development” in this section in accordance with § 88, ch. 58, SLA 1999.

In 2004, in this section, “Department of Community and Economic Development” was changed to “Department of Commerce, Community, and Economic Development”, in accordance with § 3, ch. 47, SLA 2004.

Administrative Code. —

For repossessed property, see 3 AAC 77.

Sec. 16.10.560. Definitions.

In AS 16.10.500 — 16.10.560 ,

1. “commissioner” means the commissioner of commerce, community, and economic development;
2. “hatchery” means a facility for the artificial incubation of salmon eggs, which may include means for the rearing of juvenile salmon.

History. (§ 1 ch 190 SLA 1976)

Revisor’s notes. —

In 1999, “Commissioner of commerce and economic development” was changed to “commissioner of community and economic development” in accordance with § 88, ch. 58, SLA 1999.

In 2004, “commissioner of community and economic development” was changed to “commissioner of commerce, community, and economic development”, in accordance with § 3, ch. 47, SLA 2004.

Cross references. —

For further definitions, see AS 16.05.940 .

Sec. 16.10.570. Chitina dip net fishery.

The department, with the cooperation of the Department of Transportation and Public Facilities and the Department of Natural Resources, shall

1. maintain and improve state-owned land used to access the Chitina dip net fishery;
2. maintain and operate sanitary facilities provided for the use of persons participating in the Chitina dip net fishery; and
3. prepare a publication showing public access routes to fishing sites on public land for the Chitina dip net fishery; the department shall distribute the publication to persons who obtain a Chitina dip net fishing permit and to the public.

History. (§ 2 ch 118 SLA 2003; am § 32 ch 18 SLA 2016)

Secs. 16.10.600 — 16.10.620. Creation of authorities; tax exemption; powers of authority. [Repealed, § 3 ch 152 SLA 1988.]

Secs. 16.10.650 — 16.10.720. Fishermen’s mortgage and note program. [Repealed, § 72 ch 113 SLA 1982.]

Sec. 16.10.750. Findings and purpose.

1. The legislature finds that
   1. the salmon fishing industry is among the state’s largest industries and generates hundreds of millions of dollars and thousands of jobs each year; the salmon fishery is vitally important to commercial, subsistence, personal use, and sport fishing interests, and to the state’s developing tourist industry;
   2. the state is committed to maintaining and enhancing its wild stocks of salmon by careful management, by initiating a 20-year rebuilding program, and by investing in the fishing industry;
   3. millions of Alaska salmon are being caught and injured by high seas fisheries that intercept salmon contrary to state, federal, or international law; the high seas interception of Alaska salmon defeats the state’s management and rebuilding programs, deprives the state of a return on its investment in the fishing industry, and detrimentally affects subsistence and sport fishing uses of Alaska salmon;
   4. vessels that engage in the high seas interception of salmon can move relatively freely and undetected from region to region in the North Pacific and thus are able to harvest whatever species is most readily available or most valuable; by moving farther westward, a greater proportion of the take is Asian salmon; moving eastward results in a greater proportion of the take being Alaska salmon; although there is intermixing of Asian and North American salmon stocks, scientific evidence proves that even a minimal harvest of salmon within the migratory range of each species will contain Alaska salmon;
   5. the illegal taking of salmon detrimentally affects the Alaska fishing industry; the illegal taking of Alaska salmon is of primary concern because of the direct and immediate effect on the state; in addition, the illegal taking of Asian salmon is also of concern because depletion of those stocks will ultimately result in a shifting of high seas fishing efforts, both legal and illegal, to Alaska salmon;
   6. high seas interception of salmon occurs beyond the exclusive economic zone of the United States, or through incursion within the exclusive economic zone and the state’s territorial sea, by vessels that are usually not registered in this state; moreover, these vessels are not based in Alaska and can thus avoid detection more easily than Alaska-based vessels; as a practical matter, it is extremely difficult to directly or indirectly regulate the vessels themselves; it is therefore necessary to prohibit activities within the state that give aid, comfort, and financial incentives to high seas interception of salmon.
2. The purpose of  AS 16.10.750 — 16.10.800 is to prevent resources, facilities, and expertise within the state from being available to promote or facilitate the high seas interception of salmon or the making of intercepted salmon ready for or accessible to world markets.

History. (§ 1 ch 94 SLA 1989)

Sec. 16.10.760. Trafficking in intercepted salmon.

1. A person commits the offense of trafficking in intercepted salmon if the person
   1. buys, sells, trades, processes, or possesses salmon, or attempts to buy, sell, trade, process, or possess salmon, with reckless disregard that the salmon has been, or will be, obtained by high seas interception;
   2. knowingly provides financing, premises, equipment, supplies, services, power, or fuel used to buy, sell, trade, process, or possess salmon that has been, or will be, obtained by high seas interception; or
   3. acts as a broker or middleman, or otherwise acts on behalf of another party, to arrange for or negotiate, or attempts to arrange for or negotiate, the purchase, sale, trade, processing, or possession of salmon, with reckless disregard that the salmon has been, or will be, obtained by high seas interception.
2. Trafficking in intercepted salmon is a class C felony.

History. (§ 1 ch 94 SLA 1989)

Cross references. —

For penalty of imprisonment for class C felonies, see AS 12.55.125 .

Sec. 16.10.770. Falsification related to high seas interception of salmon.

1. A person commits the offense of falsification related to high seas interception of salmon if the person creates, utters, or possesses a written instrument related to salmon, or makes an assertion for the purpose of having a written instrument related to salmon created, uttered, or accepted, with reckless disregard that the salmon was obtained by high seas interception and that the written instrument or assertion conveys misleading or untrue information about the ownership, possession, processing, origin, destination, route of shipping, type, condition, or time, place, and manner of the taking of the salmon.
2. In this section
   1. “utter” has the meaning given in AS 11.46.580(b) ;
   2. “written instrument” has the meaning given in AS 11.46.580(b) and includes ships’ logs and papers, bills of lading and sale, documents relating to processing, shipping, and customs, and information stamped on or affixed to cans, crates, containers, freight, or a means of storage or packaging.
3. Falsification related to high seas interception of salmon is a class C felony.

History. (§ 1 ch 94 SLA 1989)

Cross references. —

For penalty of imprisonment for a class C felony, see AS 12.55.125(e) .

Sec. 16.10.780. Assisting a vessel in high seas interception of salmon.

1. A person commits the offense of assisting a vessel in high seas interception of salmon if, knowing that a vessel is in possession of salmon obtained by high seas interception or that the owner or operator of the vessel intends to engage in the imminent interception of salmon, the person
   1. moves persons, cargo, or other property to or from the vessel;
   2. services or repairs the vessel or its equipment;
   3. provides the vessel with power, supplies, equipment, or fuel;
   4. provides the vessel with information, other than weather reports, capable of aiding the high seas interception of salmon or frustrating or avoiding detection, including communicating the movements, intentions, or activities of state or federal law enforcement officials or other fishing vessels; or
   5. is in charge of a docking facility, harbor, or anchorage, and permits the vessel to dock or anchor, or to remain docked or anchored.
2. It is an affirmative defense, as defined in AS 11.81.900(b) , to a violation of this section, if the person honestly and reasonably believed that the assistance provided to the vessel was necessary for humanitarian or environmental purposes or to prevent a significant loss of property. An affirmative defense under this section may not be raised, unless the person provided immediate notice, by the quickest available means, to the United States Coast Guard or the Department of Public Safety indicating the type of assistance being provided and the circumstances requiring the assistance.
3. In this section,
   1. “environmental purpose” means the intent to prevent or minimize adverse ecological effects to water quality;
   2. “humanitarian purpose” means the intent to provide medical services for a sick or injured person, or to prevent the loss of human life;
   3. “owner or operator of the vessel” means a person who
      1. has an ownership interest in the vessel;
      2. has authority to control or direct the vessel’s activities; or
      3. physically operates a vessel or its equipment.
4. Assisting a vessel in high seas interception of salmon is a class A misdemeanor.

History. (§ 1 ch 94 SLA 1989)

Cross references. —

For penalty of imprisonment for class A misdemeanors, see AS 12.55.135(a) .

Sec. 16.10.790. Fines.

Notwithstanding the provisions of AS 12.55.035(b) and (c), a person convicted of an offense under AS 16.10.760 — 16.10.780 may be sentenced to pay a fine not exceeding the greater of

1. $100,000;
2. three times the pecuniary gain realized by the person as a result of the offense; or
3. if the person is convicted under AS 16.10.760 , two times the fair market value of the salmon involved or contemplated in the commission of the offense.

History. (§ 1 ch 94 SLA 1989)

Sec. 16.10.800. Definitions.

In AS 16.10.750 — 16.10.800 ,

1. “high seas interception,” “interception,” or a similar term means the unauthorized catching, taking, or harvesting of salmon for other than sport, subsistence, or personal use purposes,
   1. throughout the migratory range of each species, by a vessel not registered under the laws of this state; or
   2. beyond the territorial sea of the state by a vessel registered under the laws of the state;
2. “knowing” or “knowingly” has the meaning given for “knowingly” in AS 11.81.900(a) ;
3. “process” means affecting the condition or location of salmon, including preparation, packaging, storage, refrigeration, or transportation;
4. “reckless disregard” has the meaning given for “recklessly” in AS 11.81.900(a) ;
5. “salmon” means Pacific salmon and steelhead, and parts of Pacific salmon and steelhead, whether mature or immature, processed or unprocessed; and
6. “unauthorized” means contrary to a statute or regulation of the United States or the state, or to a treaty or international fishery agreement, or in violation of a foreign law.

History. (§ 1 ch 94 SLA 1989)

Cross references. —

For further definitions, see AS 16.05.940 .

Sec. 16.10.801. Commercial charter fisheries revolving loan fund.

1. The commercial charter fisheries revolving loan fund is created in the Department of Commerce, Community, and Economic Development to carry out the purposes of AS 16.10.801 — 16.10.840 .
2. The commercial charter fisheries revolving loan fund consists of the following:
   1. money appropriated to, transferred to, or received by gift, grant, devise, bequest, or donation to the fund;
   2. principal and interest payments or other income earned on loans or investments of the fund;
   3. money chargeable to principal or interest that is collected through liquidation by foreclosure or other process on loans made under AS 16.10.801 — 16.10.840 .
3. Money in the fund may be used by the legislature to make appropriations for costs of administering AS 16.10.801 — 16.10.840 .

History. (§ 12 ch 58 SLA 2012)

Revisor’s notes. —

In 2012, in this section, “AS 16.10.840 ” was substituted for “AS 16.10.890 ” to reflect the 2012 renumbering of AS 16.10.890 .

Sec. 16.10.805. Powers and duties of the department.

The department may

1. make loans to eligible applicants under AS 16.10.801 — 16.10.840
   1. for the purchase of charter halibut permits;
   2. to refinance debt obligations made by other lenders more than 12 months before the department received the loan application and incurred by an applicant for the purchase of charter halibut fishing vessels or gear if the applicant otherwise qualifies for a loan under AS 16.10.801 — 16.10.840 ; the department may collect a refinancing loan origination charge as provided by regulation;
2. receive, take, hold, and administer any appropriation, transfer, gift, grant, bequest, devise, or donation of money for the fund;
3. establish amortization plans for repayment of loans, including extensions of the terms of loans;
4. allow an assumption of a loan if
   1. the applicant meets the requirements established under this section; and
   2. approval of the assumption would be consistent with the purposes of AS 16.10.801 — 16.10.840 ;
5. establish the rate of interest for loans consistent with law;
6. charge and collect fees for services provided under AS 16.10.801 — 16.10.840 ;
7. adopt regulations under AS 44.62 necessary to carry out the provisions of AS 16.10.801 — 16.10.840 , including regulations to establish reasonable fees for services provided; and
8. designate agents and delegate powers as necessary to the agents.

History. (§ 12 ch 58 SLA 2012)

Revisor’s notes. —

In 2012, in this section, “AS 16.10.840 ” was substituted for “AS 16.10.890 ” to reflect the 2012 renumbering of AS 16.10.890 .

Sec. 16.10.810. Eligibility.

1. For an applicant to be eligible for a loan under AS 16.10.801 — 16.10.840 , the applicant shall be a resident of the state, as determined under (c) of this section, and shall
   1. qualify for the purchase of a charter halibut permit under applicable law; or
   2. qualify as a transferee for a charter halibut permit under applicable law.
2. In addition to the requirements set out in (a) of this section, the applicant must provide to the department a document from a state financial institution stating that
   1. the applicant has been denied a loan for the same purpose; or
   2. a loan from the financial institution is contingent on the applicant also receiving a loan from the fund.
3. To meet the residency requirements of (a) of this section, the applicant
   1. shall physically reside in this state and maintain a domicile in this state during the 24 consecutive months preceding the date of application for the program; and
   2. may not have
      1. declared or established residency in another state; or
      2. received residency or a benefit based on residency from another state.

History. (§ 12 ch 58 SLA 2012)

Revisor’s notes. —

In 2012, in this section, “AS 16.10.840 ” was substituted for “AS 16.10.890 ” to reflect the 2012 renumbering of AS 16.10.890 .

Sec. 16.10.815. Limitations on loans.

1. Except as provided in (b) of this section, a loan under AS 16.10.801 — 16.10.840
   1. for a charter halibut permit may not exceed the permit value determined by a 12-month rolling average set quarterly by the department for like permits;
   2. for a loan other than a loan for a charter halibut permit may not exceed $100,000 a year;
   3. may not exceed a term of 15 years, except for extensions under AS 16.10.805 ;
   4. may not bear interest at a rate greater than the prime rate, as defined in AS 44.88.599 , plus two percentage points, but which may not be less than six percent a year or more than 10 1/2 percent a year;
   5. must be secured by a first priority lien on collateral acceptable to the commissioner, which may include collateral other than a charter halibut permit; and
   6. may not be made to a person who has a past due child support obligation established by court order or by the child support services agency under AS 25.27.160 — 25.27.220 at the time of application.
2. The total balances outstanding on loans made to a borrower under AS 16.10.805 may not exceed $200,000.

History. (§ 12 ch 58 SLA 2012)

Revisor’s notes. —

In 2012, in this section, “AS 16.10.840 ” was substituted for “AS 16.10.890 ” to reflect the 2012 renumbering of AS 16.10.890 .

Sec. 16.10.820. Default.

If the borrower defaults on a note, the department shall notify the borrower of the default and the consequences of default by mailing a notice to the borrower’s most recent address provided to the department by the borrower or obtained by the department.

History. (§ 12 ch 58 SLA 2012)

Effective dates. —

Section 17, ch. 58, SLA 2012, SLA 2012 makes this section effective June 7, 2012, in accordance with AS 01.10.070(c) .

Sec. 16.10.825. Special account established.

1. The foreclosure expense account is established as a special account within the commercial charter fisheries revolving loan fund.
2. The department may expend money credited to the foreclosure expense account when necessary to protect the state’s security interest in collateral on loans granted under AS 16.10.815 or to defray expenses incurred during foreclosure proceedings after an obligor defaults.

History. (§ 12 ch 58 SLA 2012)

Effective dates. —

Section 17, ch. 58, SLA 2012, SLA 2012 makes this section effective June 7, 2012, in accordance with AS 01.10.070(c) .

Sec. 16.10.830. Disposal of property acquired after default.

The department shall dispose of property acquired through default of a loan made under AS 16.10.801 — 16.10.840 . Disposal must be made in a manner that serves the best interest of the state and may include the amortization of payments over a period of years.

History. (§ 12 ch 58 SLA 2012)

Revisor’s notes. —

In 2012, in this section, “AS 16.10.840 ” was substituted for “AS 16.10.890 ” to reflect the 2012 renumbering of AS 16.10.890 .

Sec. 16.10.835. Waiver of confidentiality.

The commissioner may release information about the borrower’s loan to any individual if release of the information has been authorized by the borrower.

History. (§ 12 ch 58 SLA 2012)

Sec. 16.10.840. Definitions.

In AS 16.10.801 — 16.10.840 ,

1. “commissioner” means the commissioner of commerce, community, and economic development;
2. “department” means the Department of Commerce, Community, and Economic Development.

History. (§ 12 ch 58 SLA 2012)

Revisor’s notes. —

This section was enacted as AS 16.10.890 and renumbered in 2012, at which time an internal reference to this section was also conformed.

Sec. 16.10.890. Declaration of policy.

It is the policy of the state, under AS 16.10.890 — 16.10.945 , to promote mariculture and the enhancement of the state’s shellfish fisheries by means of long-term, low-interest loans.

History. (§ 1 ch 93 SLA 2018)

Effective dates. —

Section 17, ch. 93, SLA 2018 makes this section effective August 28, 2018, in accordance with AS 01.10.070(c) .

Sec. 16.10.900. Mariculture revolving loan fund.

1. The mariculture revolving loan fund is created  in the Department of Commerce, Community, and Economic Development to carry out the purposes of  AS 16.10.890 — 16.10.945 .
2. The mariculture revolving loan fund consists of the following:
   1. money appropriated to, transferred to, or received by gift, grant, devise, bequest, or donation to the fund;
   2. principal and interest payments or other income earned on loans or investments of the fund; and
   3. money chargeable to principal or interest that is collected through liquidation by foreclosure or other process on loans made under  AS 16.10.890 — 16.10.945 .
3. Money in the fund may be used by the legislature to make appropriations for costs of administering  AS 16.10.890 — 16.10.945 .
4. Of the total amount available annually to the department to carry out the purposes of  AS 16.10.890 — 16.10.945 , less any funds appropriated under (c) of this section, 60 percent shall be available solely for making loans under  AS 16.10.910(a)(1) and the remainder shall be available solely for making loans under  AS 16.10.910(a)(2) .

History. (§ 12 ch 58 SLA 2012; am §§ 2, 3 ch 93 SLA 2018)

Effect of amendments. —

The 2018 amendment, effective August 28, 2018, substituted “AS 16.10.890 – 16.10.945 ” for “AS 16.10.900 – 16.10.945 ” wherever it appears, and made a stylistic change; added (d).

Sec. 16.10.905. Powers and duties of the department.

The department may

1. make loans to eligible applicants under AS 16.10.890 — 16.10.945 for the planning, construction, and operation of a
   1. mariculture business;
   2. hatchery that artificially propagates marine aquatic plants or shellfish; or
   3. a shellfish enhancement project;
2. receive, take, hold, and administer any appropriation, transfer, gift, grant, bequest, devise, or donation of money for the fund;
3. establish amortization plans for repayment of loans, including extensions of the terms of loans;
4. allow an assumption of a loan if
   1. the applicant meets the requirements established under this section; and
   2. approval of the assumption would be consistent with the purposes of AS 16.10.890 — 16.10.945 ;
5. establish the rate of interest for loans consistent with law;
6. charge and collect fees for services provided under AS 16.10.890 — 16.10.945 ;
7. adopt regulations under AS 44.62 necessary to carry out the provisions of AS 16.10.890 — 16.10.945 , including regulations to establish reasonable fees for services provided; and
8. designate agents and delegate powers as necessary to the agents.

History. (§ 12 ch 58 SLA 2012; am § 4 ch 93 SLA 2018)

Effect of amendments. —

The 2018 amendment, effective August 28, 2018, substituted “AS 16.10.890 – 16.10.945 ” for “AS 16.10.900 – 16.10.945 ” wherever it appears, added (1)(B) and (C), and made related changes.

Sec. 16.10.910. Eligibility.

1. For an applicant to be eligible for a loan under  AS 16.10.890 — 16.10.945 , the applicant shall  be
   1. a resident of the state  who has
      1. a permitted mariculture farm location in this state; and
      2. experience or training in the mariculture industry;  or
   2. a resident of the state or entity organized under the laws of this state that
      1. holds a permit under AS 16.40.100 to operate a hatchery for the purpose of producing aquatic plants or shellfish; or
      2. conducts shellfish enhancement projects.
2. In addition to the requirements set out in (a) of this section, the applicant
   1. may not be eligible for financing from other recognized commercial lending institutions; or
   2. shall be able to obtain only a portion of the total loan request from a recognized commercial lending institution.
3. To meet the residency requirements of (a) of this section,  an individual applicant
   1. shall physically reside in this state and maintain a domicile in this state during the 24 consecutive months preceding the date of application for the program; and
   2. may not have
      1. declared or established residency in another state; or
      2. received residency or a benefit based on residency from another state.

History. (§ 12 ch 58 SLA 2012; am §§ 5, 6 ch 93 SLA 2018)

Effect of amendments. —

The 2018 amendment, effective August 28, 2018, rewrote (a); in (c), made a stylistic change.

Sec. 16.10.915. Limitations on loans.

1. Except as provided in (b) and (c) of this section, a loan under  AS 16.10.890 —16.10.945
   1. may not exceed
      1. $100,000 a year  for an applicant under AS 16.10.910(a)(1) ; or
      2. $1,000,000 a year for an applicant under AS 16.10.910(a)(2) ;
   2. may not, unless extended under AS 16.10.905 , exceed a term of
      1. 20 years  for an applicant under AS 16.10.910(a)(1) ; or
      2. 30 years for an applicant under AS 16.10.910(a)(2) ;
   3. may not bear interest at a rate greater than the prime rate, as defined in  AS 44.88.599 , plus one percentage point, but which may not be less than five percent a year or more than nine percent a year;
   4. must be secured by a first priority lien on collateral acceptable to the department; and
   5. may not be made to a person who has a past due child support obligation established by court order or by the child support services agency under  AS 25.27.160 — 25.27.220 at the time of application.
2. Subsequent loans may be made to  a borrower under
   1. AS 16.10.910(a)(1) , if the total of the balances outstanding on the loans received by the borrower does not exceed $300,000; or
   2. AS 16.10.910(a)(2) , if the  total of the balances outstanding on the loans received by the borrower  does not exceed $1,000,000.
3. A loan under  AS 16.10.910 may be made for the purchase of boats or vessels determined to be integral to the operation of the farm  or hatchery.
4. For a loan made under  AS 16.10.890 — 16.10.945 , the department may provide a reduction of the interest rate of not more than two percent if at least 50 percent of the loan proceeds are used by the borrower for purchasing products manufactured or produced in the state. When the department offers a reduction under this subsection, the department shall provide the reduction to all loan applicants who meet the criterion described in this subsection. In this subsection, “manufactured or produced” means processing, developing, or making an item into a new item with a distinct character and use.
5. The department may not make a loan to an applicant under  AS 16.10.910(a)(2) for a hatchery or shellfish enhancement project unless the department determines that the hatchery or enhancement project will
   1. be managed in a financially viable manner that is reasonably expected to result in repayment of the loan; and
   2. provide a significant contribution to common property fisheries or otherwise benefit the public interest.

History. (§ 12 ch 58 SLA 2012; am §§ 7 — 11 ch 93 SLA 2018)

Effect of amendments. —

The 2018 amendment, effective August 28, 2018, rewrote (a) and (b); in (c), added “or hatchery” at the end; in (d), substituted “AS 16.10.890 – 16.10.945 ” for “AS 16.10.900 – 16.10.945 ” following “made under”; added (e).

Sec. 16.10.920. Repayment of principal of and interest on loans.

The department may not require the repayment of the principal of and interest on a loan made under AS 16.10.910 during the first six years of the loan. However, for a loan made under AS 16.10.910(a)(2) , the department may defer repayment of the principal of and interest on the loan for an additional period not to exceed the first 11 years of the loan. The department may provide that interest on the principal of a loan made under AS 16.10.910(a)(1) does not accrue during a period not to exceed the first six years of the loan. For a loan made under AS 16.10.910(a)(2) , the department shall provide that interest on the principal of the loan does not accrue during the first six years of the loan, and the department may provide that interest on the principal of the loan does not accrue during an additional period not to exceed the first 11 years of the loan.

History. (§ 12 ch 58 SLA 2012; am § 12 ch 93 SLA 2018)

Effect of amendments. —

The 2018 amendment, effective August 28, 2018, made stylistic changes in the first sentence, added the second and last sentences, rewrote the third sentence, which read, “Interest on the principal of a loan made under AS 16.10.910 may be deferred for a period of not more than the first six years of the loan.”

Sec. 16.10.923. Voluntary assessment on sale of shellfish.

1. An association of persons who hold entry permits under AS 16.43 comprising at least 51 percent of the persons holding entry permits and actively participating in a fishery to be benefited by a hatchery program may levy and collect an assessment from among its members for the purpose of securing and repaying a loan made under AS 16.10.890 — 16.10.945 .
2. Upon satisfactory demonstration to the department that an assessment levied under this section may reasonably be relied on to secure and repay a loan to be made under AS 16.10.890 — 16.10.945 , the department may make the loan.

History. (§ 13 ch 93 SLA 2018)

Effective dates. —

Section 17, ch. 93, SLA 2018 makes this section effective August 28, 2018, in accordance with AS 01.10.070(c) .

Sec. 16.10.925. Default.

If the borrower defaults on a note, the department shall notify the borrower of the default and the consequences of default by mailing a notice to the borrower’s most recent address provided to the department by the borrower or obtained by the department.

History. (§ 12 ch 58 SLA 2012)

Sec. 16.10.930. Special account established.

1. The foreclosure expense account is established as a special account in the mariculture revolving loan fund.
2. The department may expend money credited to the foreclosure expense account when necessary to protect the state’s security interest in collateral on loans granted under AS 16.10.910 or to defray expenses incurred during foreclosure proceedings after an obligor defaults.

History. (§ 12 ch 58 SLA 2012)

Sec. 16.10.935. Disposal of property acquired after default.

The department shall dispose of property acquired through default of a loan made under AS 16.10.890 — 16.10.945 . Disposal must be made in a manner that serves the best interest of the state and may include the amortization of payments over a period of years.

History. (§ 12 ch 58 SLA 2012; am § 14 ch 93 SLA 2018)

Effect of amendments. —

The 2018 amendment, effective August 28. 2018, substituted “AS 16.10.890 – 16.10.945 ” for “AS 16.10.900 – 16.10.945 ” following “a loan made under”.

Sec. 16.10.940. Waiver of confidentiality.

The commissioner may release information about the borrower’s loan to any individual if release of the information has been authorized by the borrower.

History. (§ 12 ch 58 SLA 2012)

Sec. 16.10.945. Definitions.

In AS 16.10.890 — 16.10.945 ,

1. “commissioner” means the commissioner of commerce, community, and economic development;
2. “department” means the Department of Commerce, Community, and Economic Development;
3. “hatchery” has the meaning given in AS 16.40.199 ;
4. “mariculture” means the farming of shellfish and aquatic plants as defined in AS 16.40.199 ;
5. “shellfish enhancement project” means a project to
   1. augment the yield or harvest of shellfish above naturally occurring levels using a natural, artificial, or semiartificial production system; or
   2. rehabilitate a shellfish stock by restoring it to its naturally occurring levels of productivity.

History. (§ 12 ch 58 SLA 2012; am § 15 ch 93 SLA 2018)

Effect of amendments. —

The 2018 amendment, effective August 28, 2018, in the introductory language substituted “AS 16.10.890 – 16.10.945 ” for “AS 16.10.900 – 16.10.945 ”; added (3) and (5), and made related changes.

Sec. 16.20.010. Legislative recognition; prohibition against ceding state authority.

1. The legislature recognizes that
   1. the state has jurisdiction over all fish and game in the state except in those areas where it has assented to federal control;
   2. the state has not assented to federal control of fish and game in
      1. those areas that were set apart as National Bird and Wildlife Refuges while the state was a United States territory; and
      2. Glacier Bay National Park and Preserve or the navigable waters within or adjoining the park and preserve;
   3. special recognition of the value to the state and the nation of areas of unspoiled habitat and the game characteristic to it will be demonstrated by designating as state game refuges those federal lands that were National Bird and Wildlife Refuges or Ranges at the time that Alaska achieved statehood.
2. [Renumbered as AS 16.05.935(a) ].
3. [Renumbered as AS 16.05.935(b) ].

History. (§ 1 ch 114 SLA 1960; am §§ 2, 3 ch 56 SLA 1999; am § 1 ch 95 SLA 2003)

Editor’s notes. —

Section 2, ch. 95, SLA 2003, directs that “[a]n agreement, or a severable portion of an agreement, between the Department of Fish and Game, the Board of Fisheries, or the Board of Game and a department or agency of the federal government that was entered into before September 14, 2003, and that cedes any state authority for the management of fish and game in the state to the federal government, is void on and after July 1, 2004.”

Collateral references. —

38 C.J.S., Game, §§ 7, 8, 15.

Sec. 16.20.020. Purpose.

The purpose of AS 16.20.010 — 16.20.080 is to protect and preserve the natural habitat and game population in certain designated areas of the state.

History. (§ 1 ch 114 SLA 1960)

Administrative Code. —

For state game refuges, see 5 AAC 95, art. 5.

Sec. 16.20.030. National wildlife refuges designated as state game refuges; Goose Bay State Game Refuge.

1. The land areas now included in the National Wildlife Refuge System that are cited in this subsection are designated as state game refuges, and the board shall assign them appropriate refuge names:
   1. Aleutian Islands Refuge (except Umnak, Unalaska, Akun, Akutan, Sanak, and Tigalda Islands);
   2. Bering Sea Refuge (St. Matthews and Hall Islands, and Pinnacle Islet in Bering Sea);
   3. Bogoslof Island Refuge;
   4. Chamisso Island Refuge;
   5. Forrester Island Refuge;
   6. Hazen Bay (Nunivakchak and Kirgegag Islands);
   7. Hazy Islands Refuge;
   8. Kenai National Moose Range;
   9. Kodiak National Wildlife Refuge;
   10. Nunivak Island Refuge;
   11. St. Lazaria Island Refuge;
   12. Semidi Islands Wildlife Refuge;
   13. Tuxedni Refuge (Islands in Tuxedni Harbor);
   14. [See conditional amendment of paragraph note.]  Izembek Refuge, including the tide and submerged land described as follows:
       1. Township 58 South, Range 91 West, Seward Meridian
       2. Township 58 South, Range 90 West, Seward Meridian
       3. Township 57 South, Range 91 West, Seward Meridian
       4. Township 57 South, Range 90 West, Seward Meridian
       5. Township 57 South, Range 89 West, Seward Meridian
       6. Township 56 South, Range 87 West, Seward Meridian
       7. Township 56 South, Range 88 West, Seward Meridian
       8. Township 55 South, Range 87 West, Seward Meridian
       9. Township 56 South, Range 89 West, Seward Meridian
       10. Township 55 South, Range 89 West, Seward Meridian
       11. Township 55 South, Range 88 West, Seward Meridian
       12. Township 55 South, Range 86 West, Seward Meridian
       13. Township 56 South, Range 90 West, Seward Meridian
   15. Cape Newenham National Wildlife Range, including tide and submerged land in Chagvan Bay described as follows:
       1. Township 16 South, Range 75 West, Seward Meridian
       2. Township 16 South, Range 74 West, Seward Meridian
   16. Clarence Rhodes National Wildlife Range;
   17. Arctic National Wildlife Range.
2. [Repealed, § 3, ch 8 SLA 1988.]
3. The presently owned state land, tideland, submerged tideland, submerged land and water, and the land and water acquired in the future by the state lying within the parcels described in (1) — (2) of this subsection are established as the Goose Bay State Game Refuge:
   1. Township 15 North, Range 3 West, Seward Meridian
   2. Township 15 North, Range 4 West, Seward Meridian
4. The state may not acquire by eminent domain privately owned land within state-owned land specified in (c) of this section for inclusion in the Goose Bay State Game Refuge. The Department of Natural Resources may adopt, in accordance with the Administrative Procedure Act (AS 44.62), zoning regulations governing privately owned land within the Goose Bay State Game Refuge.
5. Egress and ingress to and from private property within the parcels described in (c) of this section shall be allowed through access corridors established through agreement between the Department of Natural Resources and the Department of Fish and Game, and with the private property owners involved.

Sections 1 — 4

Sections 9 — 12

Sections 1 — 9

Section 16

Section 13

Sections 24 — 26

Sections 35 — 36

Sections 1 — 36

Sections 5 — 6

Sections 1 — 6

Sections 10 — 11

Sections 1 — 23

Sections 27 — 32

Sections 1 — 36

Sections 1 — 36

Sections 1 — 36

Sections 1 — 36

Sections 6 — 7

Sections 18 — 19

Sections 30 — 31

(entire township);

Section 1

Sections 11 — 15

Sections 22 — 27

Sections 34 — 36

Sections 7 — 9

Sections 17 — 19

Section 30;

Sections 17 — 20, 29, 30: All;

Section 1: W1/2W1/2

Sections 2 — 3: All

Section 4: Lot 1, SE1/4NE1/4, E1/2SE1/4

Section 9: Lots 1, 2, 3, NE1/4NE1/4

Sections 10 — 11: All

Section 12: S1/2

Sections 13 — 15: All

Section 23: N1/2NE1/4

Section 24: All

The following protracted and fractional parts within Tract A:

Section 9: E1/2

Section 10: All

Section 15: All

Section 16: All

Section 21: N1/2

Section 22: N1/2.

History. (§ 3 ch 114 SLA 1960; am § 1 ch 81 SLA 1971; am § 1 ch 140 SLA 1972; am § 28 ch 53 SLA 1973; am § 1 ch 101 SLA 1975; am § 1 ch 192 SLA 1975; am § 3 ch 8 SLA 1988)

Conditional amendment of paragraph (a)(14). —

Under § 2, ch. 119, SLA 2010, paragraph (a)(14), describing the Izembek Refuge, is amended to read:

“(14) Izembek Refuge, including the tide and submerged land described as follows:

“(A) Township 58 South, Range 91 West, Seward Meridian

“Sections 1 — 4

“Sections 9 — 12

“(B) Township 58 South, Range 90 West, Seward Meridian

“Sections 1 — 9

“Section 16

“(C) Township 57 South, Range 91 West, Seward Meridian

“Section 13

“Sections 24 — 26

“Sections 35 — 36

“(D) Township 57 South, Range 90 West, Seward Meridian

“Sections 1 — 36

“(E) Township 57 South, Range 89 West, Seward Meridian

“Sections 5 — 6

“Section 12, N1/2, N1/2N1/2S1/2

“(F) Township 56 South, Range 87 West, Seward Meridian

“Sections 1 — 6

“Sections 10 — 11

“Sections 26 — 35

“(G) Township 56 South, Range 88 West, Seward Meridian

“Sections 1 — 23

“Section 25

“Sections 27 — 32

“Section 36

“(H) Township 55 South, Range 87 West, Seward Meridian

“Sections 1 — 36

“(I) Township 56 South, Range 89 West, Seward Meridian

“Sections 1 — 36

“(J) Township 55 South, Range 89 West, Seward Meridian

“Sections 1 — 36

“(K) Township 55 South, Range 88 West, Seward Meridian

“Sections 1 — 36

“(L) Township 55 South, Range 86 West, Seward Meridian

“Sections 6 — 7

“Sections 18 — 19

“Sections 30 — 31

“(M) Township 56 South, Range 90 West, Seward Meridian (entire township)

“(N) Township 57 South, Range 88 West, Seward Meridian

“Sections 1 — 6;”.

The amendment described in § 2, ch. 119, SLA 2010, takes effect under §§ 7(a) and 9, ch. 119, SLA 2010, on the effective date of the exchange of land between the state and the United States Department of the Interior as described in § 4, ch. 119, SLA 2010. If, for reasons described in § 6, ch. 119, SLA 2010, the land exchange is subsequently voided, then, under § 3, ch. 119, SLA 2010, paragraph (a)(14) is amended to read:

“(14) Izembek Refuge, including the tide and submerged land described as follows:

“(A) Township 58 South, Range 91 West, Seward Meridian

“Sections 1 — 4

“Sections 9 — 12

“(B) Township 58 South, Range 90 West, Seward Meridian

“Sections 1 — 9

“Section 16

“(C) Township 57 South, Range 91 West, Seward Meridian

“Section 13

“Sections 24 — 26

“Sections 35 — 36

“(D) Township 57 South, Range 90 West, Seward Meridian

“Sections 1 — 36

“(E) Township 57 South, Range 89 West, Seward Meridian

“Sections 5 — 6

“(F) Township 56 South, Range 87 West, Seward Meridian

“Sections 1 — 6

“Sections 10 — 11

“(G) Township 56 South, Range 88 West, Seward Meridian

“Sections 1 — 23

“Sections 27 — 32

“(H) Township 55 South, Range 87 West, Seward Meridian

“Sections 1 — 36

“(I) Township 56 South, Range 89 West, Seward Meridian

“Sections 1 — 36

“(J) Township 55 South, Range 89 West, Seward Meridian

“Sections 1 — 36

“(K) Township 55 South, Range 88 West, Seward Meridian

“Sections 1 — 36

“(L) Township 55 South, Range 86 West, Seward Meridian

“Sections 6 — 7

“Sections 18 — 19

“Sections 30 — 31

“(M) Township 56 South, Range 90 West, Seward Meridian (entire township);”. The amendment described in § 3, ch. 119, SLA 2010 takes effect under §§ 7(b) and 10 on the effective date that the executed land exchange between the state and the Department of the Interior is made null and void as described in § 6, ch. 119, SLA 2010. As of October 2021, this condition had not been met.

Cross references. —

For statement of legislative purpose applicable to the amendment of the legal description to add state land and water to the Izembek State Game Refuge and to authorize a land exchange with the federal government affecting that refuge, see § 1, ch. 119, SLA 2010, in the 2010 Temporary and Special Acts. For authorization for the proposed land exchange, a description of the land expected to be conveyed to and received by the state, and direction to the Department of Natural Resources to make the exchange without reference to requirements of AS 38.50, relating generally to exchanges of state land, see §§ 4 and 5, ch. 119, SLA 2010, in the 2010 Temporary and Special Acts. For the terms and conditions applicable to the exchange of state land for federal land affecting the Izembek State Game Refuge and the conditions applicable if the land exchange is subsequently invalidated, see §§ 6 and 7, ch. 119, SLA 2010, in the 2010 Temporary and Special Acts.

Sec. 16.20.031. Anchorage Coastal Wildlife Refuge.

1. The following described state-owned land and water is established as the Anchorage Coastal Wildlife Refuge and shall be managed as a state game refuge for the protection of waterfowl, shorebirds, salmon, and other fish and wildlife species, and their habitat and for the use and enjoyment of the people of the state:
   1. Township 13 North, Range 4 West, Seward Meridian
   2. Township 13 North, Range 5 West, Seward Meridian
   3. Township 12 North, Range 4 West, Seward Meridian
   4. Township 12 North, Range 5 West, Seward Meridian
   5. Township 12 North, Range 3 West, Seward Meridian
   6. Township 11 North, Range 3 West, Seward Meridian
   7. Township 11 North, Range 4 West, Seward Meridian
2. Except as provided in (d) of this section, the Department of Fish and Game and the Department of Natural Resources shall exercise their respective authorities over the Anchorage Coastal Wildlife Refuge consistent with a management plan prepared by the Department of Fish and Game in consultation with the Department of Natural Resources.
3. A public right-of-way for surface transportation and a utility corridor are created across state-owned land and water within the Anchorage Coastal Wildlife Refuge between the Anchorage mainland and Fire Island. The management plan prepared under (b) of this section shall identify the actual location on the land and water of the right-of-way and of the utility corridor between the Anchorage mainland and Fire Island.
4. Land owned by the Municipality of Anchorage that lies within the boundary of the Anchorage Coastal Wildlife Refuge described in (a) of this section may be included in the Anchorage Coastal Wildlife Refuge. An agreement between the Department of Fish and Game and the Municipality of Anchorage for the management of the land within the Anchorage Coastal Wildlife Refuge that is owned by the Municipality of Anchorage shall be approved by the Municipality of Anchorage and by the Department of Fish and Game.
5. The state or the Municipality of Anchorage may not acquire privately owned land within the Anchorage Coastal Wildlife Refuge described in (a) of this section by eminent domain for inclusion within the Anchorage Coastal Wildlife Refuge. The Department of Fish and Game or the Municipality of Anchorage may acquire privately owned land within the Anchorage Coastal Wildlife Refuge by purchase, exchange, or otherwise, except by eminent domain.
6. The land and water areas of the Anchorage Coastal Wildlife Refuge are closed to mineral entry under AS 38.05.185 — 38.05.275 .

Section 20: SE1/4 seaward of the 20 foot elevation contour

SE1/4NE1/4 seaward of the 20 foot elevation contour

Section 29: E1/2 seaward of the 20 foot elevation contour

SW1/4 seaward of the 20 foot elevation contour

Section 30: SE1/4SE1/4

Section 31: All seaward of the 20 foot elevation contour except NW1/4NW1/4

Section 32: All seaward of the 20 foot elevation contour;

Section 36: S1/2, S1/2N1/2;

Sections 6 — 9: Seaward of the 20 foot elevation contour

Section 15: NW1/4 seaward of the 20 foot elevation contour

SW1/4NE1/4 seaward of the 20 foot elevation contour

Government Lot 5 and the remainder of the W1/2SE1/4, all SW1/4

Section 16: Seaward of the 20 foot elevation contour

Sections 17 — 22

Section 23: Government Lot 1 and the remainder of the SW1/4, all seaward of the 20 foot elevation contour

Government Lot 2 and the remainder of the S1/2NW1/4, all seaward of the 20 foot elevation contour

Government Lots 3 and 4, and the remainder of the SE1/4, all seaward of the 20 foot elevation contour

Section 24: Tract A, Shorecrest Subdivision (Plat No. 81-68, Anchorage Recording District)

Section 25: Government Lots 1 and 2, and the remainder of the W1/2, all

Tract A, Johns Park Estates, and the remainder of the NE1/4, excluding Skyway Park Estates, Addition No. 1 all seaward of the 20 foot elevation contour

Government Lots 3 and 4, and the remainder of the SE1/4, all

Sections 26 — 36;

Sections 1 — 2

Sections 11 — 14

Sections 23 — 26

Sections 35 — 36;

Section 29: That portion of the SW1/4 southwesterly of the Alaska Railroad right-of-way and southerly of Oceanview Subdivision, Addition No. 6

Section 30: That portion of Tract A, Johns Park Estates, seaward of the 20 foot elevation contour

Government Lot 2 and that portion of the SE1/4NW1/4 southwesterly of Oceanview West Subdivision, Addition No. 1

Government Lots 3 and 4 and the remainder of the SW1/4, all

That portion of the SW1/4NE1/4 and the SE1/4 southwesterly of Oceanview Subdivision, Addition No. 4 and Addition No. 6

Section 31

Section 32: All land southwesterly of the Alaska Railroad right-of-way

Section 33: All land westerly of the Alaska Railroad right-of-way;

Section 3: Government Lot 5

Section 4: That portion southwesterly of the Old Seward Highway right-of-way and The Landings Subdivision which is northeasterly of the New Seward Highway right-of-way

That portion southwesterly of the Alaska Railroad right-of-way

Sections 5 — 8

Section 9: That portion southwesterly of the Alaska Railroad right-of-way

That portion northeasterly of the New Seward Highway right-of-way

Section 10: That portion westerly of the Old Seward Highway right-of-way which is northeasterly of the New Seward Highway right-of-way

That portion southwesterly of the Alaska Railroad right-of-way;

Sections 1 — 4

Sections 10 — 12.

History. (§ 1 ch 8 SLA 1988)

Administrative Code. —

For restricted areas, see 5 AAC 92, art. 12.

For state game refuges, see 5 AAC 95, art. 5.

Sec. 16.20.032. Palmer Hay Flats State Game Refuge.

1. The following state-owned land and water is established as the Palmer Hay Flats State Game Refuge:
   1. Township 16 North, Range 1 West, Seward Meridian
   2. Township 17 North, Range 1 West, Seward Meridian
   3. Township 17 North, Range 1 East, Seward Meridian
   4. Township 17 North, Range 1 East, Seward Meridian
   5. Township 17 North, Range 1 East, Seward Meridian
   6. Township 16 North, Range 1 East, Seward Meridian
   7. Township 16 North, Range 1 East, Seward Meridian
   8. Township 16 North, Range 2 West, Seward Meridian
   9. Township 17 North, Range 2 West, Seward Meridian
2. Selections under 43 U.S.C. 1601 et seq. (Alaska Native Claims Settlement Act) are recognized as valid prior claims to the land within the area described in (a) of this section. Land specified in (a) of this section may not include land patented to a Native corporation under that Act.
3. Land selected by the Matanuska-Susitna Borough in Township 17, North Range 1 East S.M. shall be included in the Palmer Hay Flats State Game Refuge, subject to borough approval. If the borough relinquishes the selection of the land, the selected land becomes part of the Palmer Hay Flats State Game Refuge.
4. The state may not acquire by eminent domain privately owned land within state-owned land specified in (c) of this section for inclusion in the Palmer Hay Flats State Game Refuge.  The Department of Natural Resources may adopt, in accordance with AS 44.62 (Administrative Procedure Act), zoning regulations governing privately owned land within the Palmer Hay Flats State Game Refuge.
5. Notwithstanding the provisions of (a) of this section, the land described in this subsection is excluded from the Palmer Hay Flats State Game Refuge established under (a) of this section for the establishment of a transportation and utility corridor.  Land within the transportation and utility corridor that is determined by the commissioner of transportation and public facilities to be unnecessary for future transportation or utility corridors becomes a part of the Palmer Hay Flats State Game Refuge.  The commissioner of transportation and public facilities is directed to provide access to the Palmer Hay Flats State Game Refuge during future development of state highways in the area.  The land that is excluded from the Palmer Hay Flats State Game Refuge under this subsection is described as

Sections 1 — 12

Section 13: N1/2

Sections 14 — 18;

Section 25

Section 26: S1/2, S1/2 N1/2, N1/2 NE1/4, NE1/4 NW1/4

Section 27: S1/2, SE1/4 NE1/4

Section 31: Lot 4, SE1/4, E1/2 SW1/4, SE1/4 NE1/4, S1/2 SW1/4, NE1/4

Section 32: S1/2, S1/2 NE1/4, NE1/4 NE1/4, SE1/4 NW1/4

Sections 33 — 36;

Section 19: Lots 3 and 4, E1/2 SW1/4, S1/2 SE1/4

Section 21: N1/2 SE1/4, S1/2 S1/2

Section 22:

excluding NW1/4 NW1/4

excluding N1/2 NE1/4 NW1/4

excluding NE1/4 NE1/4 NE1/4

excluding all portions of U.S. Survey No. 9024

Section 25: Lots 1 — 6, NW1/4, N1/2 NE1/4, N1/2 SW1/4, SW1/4 SW1/4

Section 26: SE1/4 NE1/4, S1/2, excluding all portions of U.S. Survey No. 9024

Section 27: Lot 1, N1/2, N1/2 S1/2, SE1/4 SW1/4, S1/2 SE1/4

Section 28: Lots 1 — 2, N1/2, SW1/4, N1/2 SE1/4, SW1/4 SE1/4

Section 29: N1/2, N1/2 SW1/4, SE1/4

Section 30: Lots 1 — 4, E1/2, E1/2 W1/2

Section 31: Lots 1 — 10, NE1/4 NW1/4, SW1/4 NE1/4, N1/2 NE1/4

Section 32: Lots 3 — 7, NE1/4, SW1/4 SW1/4, NE1/4 SE1/4

Section 33: Lots 5 — 9, S1/2 SE1/4, SW1/4 NW1/4, including all state tide and submerged land

Section 34: Lots 1 — 3, E1/2 NW1/4, SW1/4, E1/2, excluding all portions of U.S. Survey No. 9024

Section 35: Lots 1 — 5, NW1/4, N1/2 SW1/4, SW1/4 SW1/4, N1/2 NE1/4, SW1/4 NE1/4, NW1/4 SE1/4, excluding all portions of U.S. Survey No. 9024

Section 36: Lots 1 — 10, SE1/4 SW1/4, S1/2 SE1/4, NE1/4 SE1/4;

Sections 19 — 21: Tracts B and D, according to Plat No. 2012-110, Palmer Recording District;

U.S. Survey No. 1169: Lots 1 and 2, Block 31, within Section 26;

Sections 4 — 9

Section 17: N1/2

Section 18: N1/2

Section 2: That portion lying westerly of Lot 7 and Parcel F of U.S. Survey No. 9023

Section 3: That portion lying westerly of Lot 7, Lot 8, and Parcel F of U.S. Survey No. 9023

Section 10: That portion lying westerly of Lot 4, Lot 5, and Parcel C of U.S. Survey No. 9023

Section 15: That portion northerly of the left bank of the Knik River and lying westerly of Lot 3, Lot 4, and Parcel A of U.S. Survey No. 9023

Section 16: That portion northerly of the left bank of the Knik River;

Section 1: All, excluding South Hayfield Road right-of-way

Section 2: Lot 5

Section 11: Lots 1 and 3 — 6, N1/2 NE1/4

Section 12: Lots 1 — 4, N1/2 NW1/4, NE1/4 NE1/4;

Section 36: That portion of the S1/2 S1/2 lying easterly of the South Hayfield Road right-of-way

Township 17 North, Range 1 East, Seward Meridian

Section 22: SE1/4 NW1/4, W1/2 NE1/4, SE1/4 NE1/4, S1/2 NE1/4 NE1/4, NW1/4 NE1/4 NE1/4, NE1/4 SW1/4, W1/2 SE1/4

Sections 27 and 34: a corridor 300 feet on each side of the existing highway centerline.

History. (§ 1 ch 102 SLA 1975; am §§ 2, 3 ch 49 SLA 1985; am § 28 ch 56 SLA 2005; am §§ 1, 2 ch 25 SLA 2015)

Cross references. —

For legislative findings and uncodified provisions of the 1985 amendatory Act, see §§ 1 and 4-6, ch. 49, SLA 1985 in the Temporary and Special Acts.

Administrative Code. —

For state game refuges, see 5 AAC 95, art. 5.

Effect of amendments. —

The 2015 amendment, effective August 17, 2015, in paragraph (a)(3), added a reference to Section 21, added “excluding all portions of U.S. Survey No. 9024” at the end of Sections 22, 26, 34, 35, added “N 1/2, SW 1/4,” in Section 28, substituted “Section 29: N 1/2, N 1/2 SW 1/4, SE 1/4” for “, S 1/2 SW 1/4”, added (a)(4) and (a)(5) and redesignated the following paragraphs accordingly, in (a)(7), rewrote Section 2, added (a)(8) and (a)(9), substituted “each side” for “either side” in Sections 27 an 34 of (e).

Sec. 16.20.033. Yakataga State Game Refuge.

1. The following state-owned land and water and all land acquired in the future by the state lying within the parcels described in this subsection are established as the Yakataga State Game Refuge:
   1. Township 20 South, Range 13 East, Copper River Meridian
   2. Township 20 South, Range 14 East, Copper River Meridian
   3. Township 20 South, Range 15 East, Copper River Meridian
   4. Township 20 South, Range 16 East, Copper River Meridian
   5. Township 21 South, Range 11 East, Copper River Meridian
   6. Township 21 South, Range 111/2 East, Copper River Meridian
   7. Township 21 South, Range 12 East, Copper River Meridian
   8. Township 21 South, Range 13 East, Copper River Meridian
   9. Township 21 South, Range 14 East, Copper River Meridian
   10. Township 21 South, Range 15 East, Copper River Meridian
   11. Township 21 South, Range 16 East, Copper River Meridian
2. The Yakataga State Game Refuge is established to protect the
   1. fish and wildlife habitat and populations, including salmon spawning and rearing habitat and critical goat and moose winter habitat;
   2. public uses of fish and wildlife and their habitat, particularly commercial, sport, and subsistence fishing, hunting, viewing, photography, and general public recreation in a high quality environment; and
   3. the use and disposition of other resources when the activities are not inconsistent with (1) and (2) of this subsection.
3. The department shall permit timber harvest activities in the area east of the Kaliakh River when the activities are not inconsistent with (b)(1) of this section.
4. The state may not acquire by eminent domain private land that is located within the state-owned land specified in (a) of this section for inclusion in the Yakataga State Game Refuge. The state may acquire private land that is located within the state-owned land specified in (a) of this section by purchase, exchange, or otherwise from willing owners for inclusion in the Yakataga State Game Refuge.
5. The establishment of the Yakataga State Game Refuge under this section does not impair or alter valid existing rights including pending Native allotment applications, access to set net sites, and access to and from private land located within the Yakataga State Game Refuge.
6. The department shall allow commercial, sport, and subsistence fishing and hunting within the Yakataga State Game Refuge under regulations of the Board of Fisheries and the Board of Game. The department shall also permit associated support activities when necessary and consistent with AS 16.20.010 — 16.20.080 to support fishing and hunting permitted under this section, including fish buying operations, aircraft support including landing strips, and off-road vehicle use.
7. Egress and ingress to and from private property within the parcels described in (a) of this section shall be allowed through access corridors established by agreement between the department, the Department of Natural Resources, and the owners of private land involved. The establishment of the Yakataga State Game Refuge does not impair or alter existing rights of access to set net lease sites.
8. The department shall adopt and may revise a management plan for the Yakataga State Game Refuge.

Section 11: SE1/4

Section 12: S1/2

Section 13

Section 14: E1/2

Sections 22 — 27

Sections 34 — 36;

Sections 7 — 12: S1/2

Sections 13 — 36;

Sections 7 — 12: S1/2

Sections 13 — 36;

Sections 7 — 9: S1/2

Sections 16 — 36;

Excluding that portion of Tract A-148 lying north and west of Seal River:

Sections 1 — 2

Sections 3 — 4: North and east of the Seal River and its associated lake system

Section 10: East of Seal River and one mile north of mean high tide line on the Gulf of Alaska

Sections 11 — 12

Sections 13 — 14: above mean high tide line on the Gulf of Alaska;

Sections 6 — 7

Section 18: Above mean high tide line on the Gulf of Alaska;

Sections 13 — 14: S1/2

Sections 23 — 26

Sections 35 — 36: Above mean high tide line on the Gulf of Alaska;

Sections 1 — 21

Section 22: W1/2, E1/2 one mile north of mean high tide line on the Gulf of Alaska

Sections 23 — 24: One mile north of mean high tide line on the Gulf of Alaska;

Sections 1 — 12

Sections 13 — 15: One mile north of mean high tide line on the Gulf of Alaska

Sections 16 — 18

Sections 19 — 22: One mile north of mean high tide line on the Gulf of Alaska;

Sections 1 — 7

Sections 8 — 12: One mile north of mean high tide line on the Gulf of Alaska;

Sections 1 — 6

Sections 7 — 12: One mile north of mean high tide line on the Gulf of Alaska.

History. (§ 1 ch 143 SLA 1990)

Cross references. —

For provisions concerning the area plan for the Yakataga area, litigation relating to land in the Yakataga area, and legislative intent in establishing the Yakataga State Game Refuge, see §§ 4 — 6 and 9, ch. 143, SLA 1990 in the Temporary and Special Acts.

Administrative Code. —

For state game refuges, see 5 AAC 95, art. 5.

Editor’s notes. —

Sections 2, 3, and 7, ch. 143, SLA 1990, provide: “Sec. 2. AS 16.20.033(a)(5) is amended to read:

“(5) Township 21 South, Range 11 East, Copper River Meridian Tract A-148 lying north and west of Seal River

“Sections 1 — 2

“Sections 3 — 4: North and east of the Seal River and its associated lake system

“Section 10: East of Seal River and one mile north of mean high tide line on the Gulf of Alaska

“Sections 11 — 12

“Sections 13 — 14: Above mean high tide line on the Gulf of Alaska.”

“Sec. 3. AS 16.20.033(a) is amended by adding new paragraphs to read:

“(12) Township 21 South, Range 9 East, Copper River Meridian Tract A-148

“(13) Township 21 South, Range 10 East, Copper River Meridian Tract A-148.”

“Sec. 7. Sections 2 — 3 of this Act take effect on the effective date of an appropriation Act appropriating to the University of Alaska those amounts necessary to compensate the university for the agreed value reached under § 5(b) of this Act for the interest of the university in Tract A-148 at Cape Suckling after crediting to the university those amounts received by the university under § 5(c) and (d) of this Act.” As of October 2021, the contingency described in § 7 had not occurred and did not appear likely to occur.

Section 9, ch. 143, SLA 1990 provides that the area described in this section that is east of the Kaliakh River shall be included in the Yakataga State Game Refuge only if and to the extent that the area plan prepared by the commissioner of natural resources under § 4 of this Act contains a recommendation of the commissioner to include that area within the Yakataga State Game Refuge. Until the commissioner issues an area plan under § 4 of this Act, the area east of the Kaliakh River shall be described as the Yakataga Special Management Area and managed by the commissioner of natural resources.

In the Alaska Department of Natural Resources’ Yakataga Area Plan, adopted April 1995, the commissioner of DNR recommended inclusion of the former Special Management Area in the Yakataga State Game Refuge, and the plan declared that the Special Management Area expired when DNR adopted the area plan.

Sec. 16.20.034. Mendenhall Wetlands State Game Refuge.

1. The following state-owned land, including tide and submerged land, and excluding privately owned land, is established as the Mendenhall Wetlands State Game Refuge: Beginning at U.S.C.G.S.  Triangulation Station “Salmon” located on the northeastern shore of Douglas Island, lying within the City and Borough of Juneau, First Judicial District, State of Alaska; thence northeasterly across Gastineau Channel approximately .5 miles to U.S.C.G.S.  Triangulation Station “Creek”, said station being on the shore of Gastineau Channel, 200 feet south of Salmon Creek; thence trend northerly to the intersection of Egan Drive and Salmon Creek; thence trend northwesterly immediately adjacent to but not upon or within the designated right-of-way of Egan Drive approximately 2.7 miles to the intersection with the easterly boundary of Sunny Point Park Subdivision, recorded as Plat No. 333; thence southerly along said boundary; thence along said right-of-way line to the intersection with the 22.7 foot extreme high tide line; thence southerly and westerly on said 22.7 foot extreme high tide line, abutting said Sunny Point Park Subdivision, U.S.  Survey 2475, Sunny Point Subdivision (Plat No. 307), and Egan Drive approximately one mile to the easterly line of the accreted property to the U.S.  Survey No. 1568; thence southerly and westerly, along the boundary of said accreted property approximately .4 miles to Corner No. 14 of Alaska Tidelands Survey No. 716; thence southerly and westerly along the west meander line of U.S.  Survey No. 716, approximately 2.6 miles to Corner No. 4 of said Tidelands Survey; thence northerly along the west meander line of U.S. Survey No. 1742, approximately 790 feet to the northwesterly corner of Juneau Airport property (Corner No.  AP-4 of survey dated 6-69); thence northwesterly approximately 440 feet to the southerly meander line of U.S. Survey No. 1919; thence southerly and westerly, along the southerly meanders of U.S. Surveys No. 1919 and No. 1042 (as accreted), approximately .5 miles to the intersection with the south line of U.S. Survey No. 2136; thence westerly, along said south line, approximately .6 miles to the intersection with the 22.7 foot extreme high tide line; thence southerly, along said line approximately 1.4 miles to U.S.C.G.S. Triangulation Station “Glacier” on the southerly tip of Mendenhall Peninsula; thence in a southerly direction across Gastineau Channel approximately 1.3 miles to the mouth of Cove Creek; thence in a general easterly direction along the 22.7 foot extreme high tide line of Douglas Island approximately 9 miles to U.S.C.G.S. Triangulation Station “Salmon”, the true point of beginning.
2. The state may not acquire by eminent domain privately owned land within or abutting state-owned land described in (a) of this section for inclusion in the Mendenhall Wetlands State Game Refuge but may acquire privately owned land by purchase, exchange, or otherwise for inclusion in the Mendenhall Wetlands State Game Refuge.
3. Leases, permits, and applications for leases or permits in effect or submitted by January 1, 1976 are not affected by the provisions of this section. Renewals of leases or permits after January 1, 1976 are subject to this section.
4. Egress and ingress across state land to and from private property within or abutting the land described in (a) of this section shall be allowed through access corridors established through agreement between the department and the private property owners affected.
5. Except within that portion of the Mendenhall Wetlands State Game Refuge commonly known as the Twin Lakes area, the boundaries of which shall be established by the department after consultation with the City and Borough of Juneau, the taking of game is expressly permitted within the land described in (a) of this section if consistent with the management plan adopted by the department and conducted under regulations adopted by the board.
6. Recreational activity is expressly permitted within the land described in (a) of this section if consistent with the management plan adopted by the department and conducted under regulations adopted by the board.
7. Management of the surface and subsurface estate is the responsibility of the Department of Natural Resources.  Any actions by the Department of Natural Resources which affect the habitat shall be in conformity with a plan proposed and adopted by the Department of Fish and Game, after reasonable public hearings, and following consultation with the City and Borough of Juneau.  The plan shall be revised annually, if necessary and appropriate, under the same procedures followed for initial adoption.
8. An activity or use may not occur under this section in a manner that creates a hazard to aircraft.  Gravel extraction is not considered an incompatible activity on or abutting state-owned land described in (a) of this section and is subject to provisions of the management plan.  Except for those ponds, lakes, or other bodies of water adjacent to the airport that are required to be maintained by the City and Borough of Juneau as a seaplane basin under certification for the Juneau Municipal Airport granted by the Federal Aviation Agency, if requested by the City and Borough of Juneau the Departments of Fish and Game and Natural Resources shall assist in filling the ponds, lakes, or other bodies of water adjacent to the existing airport runway to eliminate them as sites attractive to waterfowl.
9. The management plan adopted under (g) of this section must include provisions under which the City and Borough of Juneau may acquire land, by sale, exchange, or otherwise, for purposes of expanding the Juneau Municipal Airport, establishing additional transportation corridors, including water corridors, and establishing publicly owned and operated docking facilities, and these uses are considered preferential under art. VIII of the state constitution but subject to the requirements for plan specification and approval under AS 16.20.060 .  A deed, contract of sale, lease, or other instrument evidencing disposition by the Department of Natural Resources of land under this subsection must include, among other terms, the condition that the land is restricted to use for airport expansion, establishing additional transportation corridors, including water corridors, and establishing publicly owned and operated docking facilities.
10. Notwithstanding the provisions of (d) — (i) of this section, if the City and Borough of Juneau demonstrates to the Departments of Natural Resources and Fish and Game, jointly, that there is a superior public need for or use of the land to its use as a state game refuge, after public hearing and a finding by the departments supporting the determination that such a need or use exists or is required, the use shall be permitted.  A final administrative order, ruling, or determination by the departments adverse to the petition of the City and Borough of Juneau is subject to judicial review under AS 44.62.560 — 44.62.570 .
11. Nothing in this section prevents the City and Borough of Juneau from exercising its land selection rights to state land within its boundaries under applicable law, providing the selection is by local ordinance.

History. (§ 1 ch 45 SLA 1976)

Revisor’s notes. —

In 1992, “(a) of ” was deleted preceding “this section” in the first sentence of (h) of this section to correct a manifest error in § 1, ch. 45, SLA 1976.

Administrative Code. —

For restricted areas, see 5 AAC 92, art. 12.

For state game refuges, see 5 AAC 95, art. 5.

Sec. 16.20.036. Susitna Flats State Game Refuge.

1. The following state-owned land, including tide and submerged land, and all land, including tide and submerged land, acquired in the future by the state lying within the parcels described in this subsection is established as the Susitna Flats State Game Refuge:
   1. Township 13 North, Range 4 West, Seward Meridian
   2. Township 13 North, Range 5 West, Seward Meridian
   3. Township 13 North, Range 6 West, Seward Meridian
   4. Township 13 North, Range 7 West, Seward Meridian
   5. Township 13 North, Range 8 West, Seward Meridian
   6. Township 13 North, Range 9 West, Seward Meridian
   7. Township 13 North, Range 10 West, Seward Meridian
   8. Township 14 North, Range 4 West, Seward Meridian
   9. Township 14 North, Range 5 West, Seward Meridian
   10. Township 14 North, Ranges 6  —  9 West, Seward Meridian
   11. Township 14 North, Range 10 West, Seward Meridian
   12. Township 15 North, Range 5 West, Seward Meridian
   13. Township 15 North, Range 6 West, Seward Meridian
   14. Township 15 North, Range 7 West, Seward Meridian
   15. Township 15 North, Range 8 West, Seward Meridian
   16. Township 15 North, Range 9 West, Seward Meridian
   17. Township 16 North, Range 5 West, Seward Meridian
   18. Township 16 North, Range 6 West, Seward Meridian
   19. Township 16 North, Range 7 West, Seward Meridian
2. The Susitna Flats State Game Refuge is established to protect the following:
   1. fish and wildlife habitat and populations, particularly waterfowl nesting, feeding, and migration areas; moose calving areas; spring and fall bear feeding areas; salmon spawning and rearing habitats;
   2. public uses of fish and wildlife and their habitat, particularly waterfowl, moose, and bear hunting; viewing; photography; and general public recreation in a high quality environment.
3. Entry upon the Susitna Flats State Game Refuge for purposes of exploration and development of oil and gas resources shall be permitted when compatible with the purposes specified in (b) of this section; however, all existing leases shall be valid and continue in full force and effect according to their terms.
4. Land selected by the Matanuska-Susitna Borough within the area described in (a) of this section shall be included in the Susitna Flats State Game Refuge, subject to borough approval. If the borough relinquishes the selection of the land, the selected land becomes part of the Susitna Flats State Game Refuge.
5. The state may not acquire by eminent domain privately owned land within state-owned land specified in (a) of this section for inclusion in the Susitna Flats State Game Refuge.  The Department of Natural Resources may adopt, in accordance with AS 44.62 (Administrative Procedure Act), zoning regulations governing privately owned land within the Susitna Flats State Game Refuge, only to the extent that these regulations may insure compatibility with the intended use of the refuge.
6. Egress and ingress to and from private property within the parcels described in (a) of this section shall be allowed through access corridors established through agreement between the Department of Natural Resources, the Department of Fish and Game, and the private property owners involved.  The establishment of a refuge under this section does not impair or alter existing rights of access to set net site leases.
7. The establishment of a refuge under this section does not impair or alter existing rights of a municipality to state land selected under former AS 29.18.190  —  29.18.200.

Section: 6;

Sections: 1 — 10;

Sections: 1 — 18;

Sections: 1 — 18;

Sections: 1 — 24;

Sections: 1 — 36;

Sections: 13, 23 — 26, 36 (excluding uplands above the toe of the bluff);

Sections: Lots 1 — 6, SE1/4 NW1/4, W1/2 NE1/4 NW1/4, SE1/4 NE1/4 NW1/4, NE1/4 SW1/4, NW1/4 SE1/4, SE1/4 SE1/4, W1/2 SW1/4 NE1/4, SE1/4 SW1/4 NE1/4, S1/2 NE1/4 SW1/4 NE1/4 of Section 31;

Sections: W1/2 1, 2 — 11, W1/2 12, 13 — 36;

Sections: All;

Sections: 12 — 14, 22 — 27, 34 — 36;

Sections: 3 — 10, 15 — 22, SW1/4 26, 27 — 35, SW1/4 36;

Sections: All;

Sections: 1 — 4, E1/2 5, 7 — 36;

Sections: 1, 2, 8 — 36;

Sections: 23 — 28, 32 — 36;

Sections: 19 — 22, 27 — 34;

Sections: 21 — 28, 31 — 36;

Sections: 22 — 27, 34 — 36.

History. (§ 1 ch 140 SLA 1976; am § 28 ch 132 SLA 1984; am § 41 ch 74 SLA 1985)

Administrative Code. —

For restricted areas, see 5 AAC 92, art. 12.

For state game refuges, see 5 AAC 95, art. 5.

Sec. 16.20.037. Minto Flats State Game Refuge.

1. The following state-owned land and water is established as the Minto Flats State Game Refuge:
   1. Township 1 North, Range 6 West, Fairbanks Meridian
   2. Township 1 North, Range 7 West, Fairbanks Meridian
   3. Township 1 North, Range 8 West, Fairbanks Meridian
   4. Township 1 North, Range 9 West, Fairbanks Meridian
   5. Township 1 North, Range 10 West, Fairbanks Meridian
   6. Township 1 North, Range 11 West, Fairbanks Meridian
   7. Township 2 North, Range 6 West, Fairbanks Meridian
   8. Township 2 North, Range 7 West, Fairbanks Meridian
   9. Township 2 North, Range 8 West, Fairbanks Meridian
   10. Township 2 North, Range 9 West, Fairbanks Meridian
   11. Township 2 North, Range 10 West, Fairbanks Meridian
   12. Township 2 North, Range 11 West, Fairbanks Meridian
   13. Township 3 North, Range 6 West, Fairbanks Meridian
   14. Township 3 North, Range 7 West, Fairbanks Meridian
   15. Township 3 North, Range 8 West, Fairbanks Meridian
   16. Township 3 North, Range 9 West, Fairbanks Meridian
   17. Township 3 North, Range 10 West, Fairbanks Meridian
   18. Township 4 North, Range 6 West, Fairbanks Meridian
   19. Township 4 North, Range 7 West, Fairbanks Meridian
   20. Township 4 North, Range 8 West, Fairbanks Meridian
   21. Township 5 North, Range 5 West, Fairbanks Meridian
   22. Township 5 North, Range 6 West, Fairbanks Meridian
   23. Township 5 North, Range 7 West, Fairbanks Meridian
   24. Township 1 South, Range 6 West, Fairbanks Meridian
   25. Township 1 South, Range 7 West, Fairbanks Meridian
   26. Township 1 South, Range 8 West, Fairbanks Meridian
   27. Township 1 South, Range 9 West, Fairbanks Meridian
   28. Township 1 South, Range 10 West, Fairbanks Meridian
   29. Township 1 South, Range 11 West, Fairbanks Meridian
   30. Township 2 South, Range 6 West, Fairbanks Meridian
   31. Township 2 South, Range 7 West, Fairbanks Meridian
   32. Township 2 South, Range 8 West, Fairbanks Meridian
   33. Township 2 South, Range 9 West, Fairbanks Meridian
   34. Township 2 South, Range 10 West, Fairbanks Meridian
   35. Township 2 South, Range 11 West, Fairbanks Meridian
   36. Township 2 South, Range 12 West, Fairbanks Meridian
   37. Township 3 South, Range 7 West, Fairbanks Meridian
   38. Township 3 South, Range 8 West, Fairbanks Meridian
   39. Township 3 South, Range 11 West, Fairbanks Meridian
   40. Township 3 South, Range 12 West, Fairbanks Meridian
2. The Minto Flats State Game Refuge is established to
   1. ensure the protection and enhancement of habitat;
   2. ensure the conservation of fish and wildlife; and
   3. guarantee the continuation of hunting, fishing, trapping, and other uses by the public compatible with the protection and enhancement of habitat and the conservation of fish and wildlife.
3. The state may not acquire by eminent domain privately owned land within the Minto Flats State Game Refuge, but may acquire privately owned land by purchase, exchange, or otherwise for inclusion in the Minto Flats State Game Refuge.
4. Management decisions under this section made by the commissioner of natural resources and the commissioner of fish and game are applicable only to land and water described in (a) of this section.
5. Public access to the Minto Flats State Game Refuge by means of horse, boat, aircraft, dog team, snow machine, ATV, or other means consistent with (b) of this section may not be prohibited.
6. Access to and from private property within the Minto Flats State Game Refuge shall be guaranteed through access corridors established through agreement between the Department of Natural Resources, the Department of Fish and Game, and the private property owners involved.
7. The Department of Fish and Game and the Department of Natural Resources shall exercise their respective authorities over the Minto Flats State Game Refuge consistent with a management plan prepared by the Department of Fish and Game in consultation with the Department of Natural Resources.
8. Entry upon the Minto Flats State Game Refuge for purposes of exploration and development of oil and gas resources shall be permitted unless a person demonstrates, on the basis of sound science or local traditional knowledge, that exploration and development is incompatible with the purposes specified in (b) of this section.

Sections 2 — 11

Sections 14 — 23

Sections 26 — 34;

Sections 1 — 36;

Sections 1 — 16

Sections 21 — 28: excluding ASLS 95-37

Section 35: E1/2

Section 36;

Sections 1 — 12;

Sections 1 — 12;

Sections 1 — 4

Sections 8 — 17

Section 18: east of Tolovana River

Section 19: east of Tolovana River

Sections 20 — 29

Section 30: east of Tolovana River;

Sections 1 — 36;

Sections 1 — 36;

Sections 1 — 36;

Sections 1 — 36;

Section 3

Section 7: S1/2

Sections 8 — 10

Section 11: S1/2N1/2, S1/2

Section 12: S1/2N1/2, S1/2

Sections 13 — 36;

Section 10: S1/2

Section 11: S1/2

Section 12: S1/2

Sections 13 — 15

Sections 22 — 27

Sections 34 — 36;

Sections 13 — 36;

Sections 6 — 8

Section 9: S1/2S1/2

Sections 13 — 36;

Section 1

Sections 5 — 10

Sections 14 — 23

Sections 25 — 36;

Section 24: S1/2

Section 25

Sections 33 — 36;

Sections 34 — 35;

Sections 2 — 9

Sections 16 — 21;

Sections 1 — 4

Section 5: S1/2

Section 6: S1/2

Sections 7 — 24

Sections 27 — 29

Sections 30 — 31

Section 32: N1/2, SW1/4;

Sections 10 — 15

Sections 22 — 27

Sections 30 — 31

Sections 35 — 36;

Section 6: W1/2

Section 7: W1/2

Section 18: W1/2;

Sections 1 — 3

Section 4: SE1/4

Section 9: E1/2

Sections 10 — 15

Section 16: E1/2, SW1/4

Section 20: S1/2

Sections 21 — 29

Sections 31 — 36;

Section 35: SE1/4

Section 36: S1/2;

Sections 5 — 8

Sections 17 — 20

Sections 29 — 31;

Sections 1 — 36;

Sections 1 — 2

Sections 11 — 14

Sections 23 — 26

Sections 35 — 36;

Sections 1 — 36;

Sections 7 — 36;

Sections 25 — 26

Sections 35 — 36;

Section 6: S1/2NW1/4, S1/2

Section 7: all North and West of the Alaska Railroad right-of-way

Section 18: all North and West of the Alaska Railroad right-of-way

Section 19: all North and West of the Alaska Railroad right-of-way;

Sections 1 — 12

Section 13: NE1/4, E1/2NW1/4, NE1/4SW1/4, S1/2SW1/4, SE1/4

Section 14: W1/2

Sections 15 — 22

Section 23: W1/2

Section 24: all North and West of the Alaska Railroad right-of-way

Section 27: NW1/4

Sections 28 — 32

Section 33: NE1/4NE1/4, W1/2NE1/4, W1/2, W1/2SE1/4;

Section 1

Sections 12 — 13

Sections 24 — 25

Section 36;

Sections 1 — 12

Section 17: W1/2NW1/4, NW1/4SW1/4

Section 18

Section 19: N1/2, N1/2S1/2;

Sections 1 — 20

Section 21: NE1/4, W1/2

Section 22: NW1/4

Section 24: N1/2, N1/2S1/2

Sections 29 — 31;

Sections 1 — 5

Sections 7 — 36;

Sections 25 — 26

Sections 35 — 36;

Section 5: N1/2NE1/4, W1/2

Sections 6 — 7

Section 18: NE1/4, W1/2, N1/2SE1/4, SW1/4SE1/4;

Section 1

Section 12

Section 13

Section 22: NE1/4 (that portion above the ordinary high water mark right bank Tanana River)

Section 23: N1/2, SE1/4

Section 24: N1/2, SW1/4

Section 25: NW1/4;

Sections 2 — 10

Section 11: N1/2

Section 14: SW1/4NE1/4, S1/2NW1/4, SW1/4, W1/2SE1/4

Sections 15 — 21

Section 22: NE1/4, W1/2, W1/2SE1/4

Section 23: NW1/4

Section 27: W1/2NE1/4, NW1/4, W1/2SW1/4

Sections 28 — 31

Section 32: NE1/4, NW1/4, SE1/4

Section 33: W1/2;

Sections 1 — 2

Sections 11 — 14

Sections 23 — 26

Sections 35 — 36.

History. (§ 1 ch 18 SLA 1988; am § 1 ch 85 SLA 2002; am § 2 ch 168 SLA 2004; am § 1 ch 65 SLA 2008)

Cross references. —

For legislative findings and terms and conditions applicable to the conveyance of the land at the historic Old Minto site authorized by the 2004 amendment of paragraph (3) of this section, see §§ 1 and 3, ch. 168, SLA 2004, in the 2004 Temporary and Special Acts.

Administrative Code. —

For state game refuges, see 5 AAC 95, art. 5.

Legislative history reports. —

For legislative letter of intent on ch. 18, SLA 1988 (CSSB 55 (Res) am H), see 1988 House Journal 2087.