Title 16. Fish and Game.

Chapter 05. Fish and Game Code and Definitions.

Article 1. The Department of Fish and Game.


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.


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.




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 [Repealed, § 40 ch 206 SLA 1975.]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.


Sec. 16.05.050. Powers and duties of commissioner.
 (a) 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,
          (A) the optimum yield from the harvest of the species has not been reached;

          (B) a substantial portion of the allowable harvest of the species has been allocated to fishing vessels of a foreign nation; or

          (C) 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
          (A) must be as unintrusive to vessel operations as practicable; and

          (B) 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
          (A) that have experienced recent increases in fishing effort that are beyond a low, sporadic level of effort;

          (B) that have achieved a level of harvest that may be approaching or exceeding the maximum sustainable level for the fishery; and

          (C) 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.

 (b) 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
          (A) a summary description of the big game hunting opportunities provided to residents and nonresidents;

          (B) a detailed description of how big game hunting opportunities for each big game species were allocated
               (i) to residents, guided nonresidents, nonprofit organizations for auction under AS 16.05.343(a) and (c), and, if applicable, nonguided nonresidents;

               (ii) by hunt type;

               (iii) within each game management unit; and

          (C) other information and data relevant to allocation of big game hunting opportunities in the state by the Board of Game.




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.


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.
 (a) 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.

 (b) 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.




Sec. 16.05.060. Emergency orders.
 (a) 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.

 (b) 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.

 (c) 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).




Sec. 16.05.065. Application extension.
 (a) 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.

 (b) The fee for an extension granted under this section is $45.

 (c) 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.




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).


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.


Sec. 16.05.090. Organization of the department.
 (a) 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.

 (b) [Repealed, § 3 E.O. No. 86 (1993).]
 (c) There is established in the department a 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.




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.




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) to pay the principal of and interest on revenue bonds issued under AS 37.15.765 — 37.15.799 to finance the construction and renovation of fisheries rehabilitation, enhancement, and development projects that benefit sport fishing; and

     (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.




Sec. 16.05.110. Composition of fund.
 (a) 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.

 (b) 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.




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.


Sec. 16.05.130. Diversion of funds prohibited; separate accounts.
 (a) 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.

 (b) 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.

 (c) 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.

 (d) 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.

 (e) Money accruing to the state from the sport fishing facility surcharge imposed under AS 16.05.340(j) shall be deposited in a separate account known as the Alaska sport fishing enterprise account within the fish and game fund. Money in the enterprise account shall be allocated to sport fishing facilities intended to directly benefit license purchasers. Money in the enterprise account may be pledged to pay the principal of and interest on revenue bonds issued under AS 37.15.765 — 37.15.799. The commissioner shall seek authority for the transfer of amounts determined under AS 37.15.783 from the enterprise account to the redemption fund established in AS 37.15.770.

 (f) Proceeds received from the sale of bonds issued under AS 37.15.765 — 37.15.799, other than the proceeds used to pay the cost of issuance and administration and the proceeds deposited in the bond reserve account, shall be deposited in a special account in the fish and game fund to be known as the Alaska sport fishing construction account. The construction account serves as a capital construction fund that shall be used for any purpose for which bonds may be issued, including the payment of cost of issuance and administration and arbitrage rebate. The commissioner also may transfer money in the construction account to the redemption fund. Upon completion of the purposes for which the bonds are issued, the commissioner shall transfer any unexpended and unobligated bond proceeds to the Alaska fish and game revenue bond redemption fund to pay outstanding principal, interest, or redemption premium, if any, owing on the bonds.

 (g) 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).




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.


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.




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.


Sec. 16.05.165. Form and issuance of citation.
 (a) 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.

 (b) 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.

 (c) 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.

 (d) 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.

 (e) 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.

 (f) 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.




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.


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.


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.


Sec. 16.05.195. Forfeiture of equipment.
 (a) 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.

 (b) Items specified in (a) of this section may be forfeited under this section regardless of whether they were seized before instituting the forfeiture action.

 (c) 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.

 (d) 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.

 (e) 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.

 (f) 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.




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.


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.


Article 2. Boards of Fisheries and Game.


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.
 (a) 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.

 (b) 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.

 (c) 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.

 (d) 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.




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.


Sec. 16.05.250. Regulations. [Repealed, § 40 ch 206 SLA 1975.]
Sec. 16.05.251. Regulations of the Board of Fisheries.
 (a) 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
          (A) persons 60 years of age and older to participate in sport, personal use, or subsistence fishing; or

          (B) 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
          (A) is the only practical data-gathering or enforcement mechanism for that fishery;

          (B) will not unduly disrupt the fishery;

          (C) can be conducted at a reasonable cost; and

          (D) 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.

 (b) [Repealed, § 12 ch 52 SLA 1986.]
 (c) 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.

 (d) 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.

 (e) 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.

 (f) 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.

 (g) 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.

 (h) 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.

 (i) 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.




Sec. 16.05.253. Operation of stationary fishing gear.
 (a) 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.

 (b) 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.




Sec. 16.05.255. Regulations of the Board of Game; management requirements.
 (a) 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.

 (b) [Repealed, § 12 ch 52 SLA 1986.]
 (c) 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.

 (d) 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.

 (e) 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.

 (f) 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
          (A) ineffective, based on scientific information;

          (B) inappropriate due to land ownership patterns; or

          (C) 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.

 (g) 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.

 (h) [Repealed, 2000 Ballot Measure No. 6.]
 (i) 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.

 (j) 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.

 (k) 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.




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.


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.
 (a) 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.

 (b) 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
          (A) shall adopt regulations that provide a reasonable opportunity for subsistence uses of those stocks or populations;

          (B) shall adopt regulations that provide for other uses of those stocks or populations, subject to preferences among beneficial uses; and

          (C) 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
          (A) shall adopt regulations that provide a reasonable opportunity for subsistence uses of those stocks or populations;

          (B) may adopt regulations that provide for other consumptive uses of those stocks or populations; and

          (C) 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
          (A) determine the portion of the stocks or populations that can be harvested consistent with sustained yield; and

          (B) 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
          (A) adopt regulations eliminating consumptive uses, other than subsistence uses;

          (B) distinguish among subsistence users, through limitations based on
               (i) the customary and direct dependence on the fish stock or game population by the subsistence user for human consumption as a mainstay of livelihood;

               (ii) the proximity of the domicile of the subsistence user to the stock or population; and

               (iii) the ability of the subsistence user to obtain food if subsistence use is restricted or eliminated.

 (c) 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.

 (d) 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.

 (e) 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.

 (f) 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.




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.


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.


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.


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.


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.


Sec. 16.05.300. Board meetings.
 (a) 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.

 (b) 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).




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.


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.


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.


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.


Article 3. Licensing of Sport Fishing and Hunting.


Sec. 16.05.330. Licenses, tags, and subsistence permits.
 (a) Except as otherwise permitted in this chapter, without having the appropriate license or tag in actual possession, a person may not engage in
     (1) sport fishing, including the taking of razor clams;

     (2) hunting, trapping, or fur dealing;

     (3) the farming of fish, fur, or game;

     (4) taxidermy; or

     (5) control of nuisance wild birds and nuisance wild small mammals for compensation.

 (b) 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.

 (c) 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.

 (d) 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.

 (e) [Repealed, § 2 ch 39 SLA 2001.]




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:


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.




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.


Sec. 16.05.340. License, permit, and tag fees; surcharge; miscellaneous permits to take fish and game.
 (a) Fees for licenses, permits, and tags are as follows:
(1) Resident sport fishing license ................... $ 20However, 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;(A) 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;(B) 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(A) For 14-day license ................... 75(B) For seven-day license ................... 45(C) For three-day license ................... 30(D) 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(A) Resident fur dealer biennial license ................... 150(B) Nonresident fur dealer biennial license ................... 500(13) Taxidermists(A) Resident taxidermy biennial license ................... 200(B) 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.(A) Bear, black, each ................... 450(B) Bear, brown or grizzly, each ................... 1,000(C) Bison, each ................... 900(D) Caribou, each ................... 650(E) Deer, each ................... 300(F) Elk, each ................... 600(G) Goat, each ................... 600(H) Moose, each ................... 800(I) Sheep, each ................... 850(J) Wolf, each ................... 60A 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.(K) Wolverine, each ................... 350(L) Musk oxen, each ................... 2,200(16) Resident big game tags(A) Bear, brown or grizzly, each ................... 25The 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.(B) Musk oxen, each ................... 500However, 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(A) 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(i) qualifies for a $5 license fee under (6) of this subsection;(ii) is a resident under 18 years of age;(iii) is 60 years of age or older and is a resident;(iv) is a disabled veteran eligible for a free license under AS 16.05.341.(B) 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(A) Game mammal or game reptile farming biennial license ................... 250(B) Game bird farming biennial license ................... 50(19) Nonresident small game hunting license ................... 30(20) Nonresident alien hunting license ................... 600A 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(A) Bear, black, each ................... 600(B) Bear, brown or grizzly, each ................... 1,300(C) Bison, each ................... 1,300(D) Caribou, each ................... 850(E) Deer, each ................... 400(F) Elk, each ................... 800(G) Goat, each ................... 800(H) Moose, each ................... 1,000(I) Musk oxen, each ................... 3,000(J) Sheep, each ................... 1,100(K) Wolf, each ................... 100A 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.(L) Wolverine, each ................... 500(22) Chitina dip net fishing permit ................... 15The 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 ................... 10A 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(A) qualifies for a 50 cent license fee under (1) of this subsection;(B) is under 18 years of age;(C) is 60 years of age or older and has been a resident of the state for at least one year;(D) is a disabled veteran eligible for a free license under AS 16.05.341; or(E) 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(A) for a one-day tag ................... 15(B) for a three-day tag ................... 30(C) for a seven-day tag ................... 45(D) for a 14-day tag ................... 75(E) for an annual tag ................... 100A 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) Fishing services licenses(A) Salt water sport fishing operator license ................... 200(B) Salt water sport fishing guide license ................... 100(C) Salt water sport fishing operator and guide combined license ................... 200 (b) 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.

 (c) 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.

 (d) 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.

 (e) [Repealed, § 27 ch 71 SLA 1986.]
 (f) [Repealed, § 4 ch 81 SLA 1992.]
 (g) 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.

 (h) 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.

 (i) 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) and (j) 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.

 (j) In addition to the fees for a sport fishing license set out in (a) and (d) of this section, each person who purchases a sport fishing license shall pay a sport fishing facility surcharge as set out in this subsection for the purpose of providing funding for sport fishing facilities. 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 surcharge authorized by this subsection shall take effect on the date established by regulation by the commissioner. The authority of the department to collect the surcharge under this subsection terminates on December 31 of the calendar year in which the principal amount of the bonds issued under AS 37.15.765 — 37.15.799, 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. The amount of the surcharge attached to each sport fishing license must be clearly disclosed on the sport fishing license. The amount of the sport fishing facility surcharge to be paid for each sport fishing license is as follows
(1) resident sport fishing license ................... $ 9(2) resident hunting and sport fishing license ................... 9(3) resident hunting, trapping, and sport fishing license ................... 9(4) nonresident 14-day sport fishing license ................... 30(5) nonresident seven-day sport fishing license ................... 25(6) nonresident three-day sport fishing license ................... 15(7) nonresident one-day sport fishing license ................... 10(8) nonresident annual sport fishing license ................... 45(9) special nonresident military small game and sport fishing license ................... 9(10) special nonresident military sport fishing license ................... 9. (k) 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.




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
          (A) Alaska National Guard;

          (B) United States Army reserves;

          (C) United States Air Force reserves;

          (D) United States Navy reserves;

          (E) United States Marine Corps reserves; or

          (F) United States Coast Guard reserves.




Sec. 16.05.343. Auctions or raffles for big game harvest permits.
 (a) 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.

 (b) [Repealed, § 4 ch 47 SLA 2014.]
 (c) 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.

 (d) Auctions and raffles of harvest permits authorized under this section are not subject to AS 05.15.

 (e) 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.




Sec. 16.05.345. Musk oxen. [Repealed, § 4 ch 57 SLA 1980.]
Sec. 16.05.346. Permit applications.
 (a) 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.

 (b) The application fee for a drawing permit issued by the department for the hunting of bison is $10.

 (c) 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.

 (d) [Repealed, § 2 ch 39 SLA 2001.]




Sec. 16.05.350. Expiration of licenses, permits, and tags.
 (a) 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.

 (b) Biennial licenses expire after December 31 of the year following the year of issuance.

 (c) Triennial licenses expire after December 31 of the second year following the year of issuance.

 (d) The resident trapping license expires at the close of September 30 of the year following the year in which the license is issued.

 (e) The waterfowl conservation tag expires at the close of January 31 of the year following the year of issue of the tag.




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.


Sec. 16.05.360. Commissioner charged with license issuance.
 (a) 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.

 (b) [Repealed, § 2 ch 39 SLA 2001.]




Sec. 16.05.370. Reports by licensees.
 (a) 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.

 (b) [Repealed, § 18 ch 37 SLA 1989.]
 (c) [Repealed, § 18 ch 37 SLA 1989.]




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.


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

 (b) 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.

 (c) 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.

 (d) Compensation provided by this section shall be paid from appropriations made to the department.

 (e) 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.

 (f) 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.

 (g) 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.




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.


Sec. 16.05.400. Persons exempt from annual licensing requirements.
 (a) 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.

 (b) 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.




Sec. 16.05.403. Special licenses and permits.
 (a) 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.

 (b) 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.

 (c) 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).

 (d) 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.




Sec. 16.05.405. Taking fish and game by proxy.
 (a) 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.

 (b) 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
          (A) resident hunting license issued under AS 16.05.403 or permanent identification card issued under AS 16.05.400(b); and

          (B) harvest ticket, tag, stamp, or other document required by law as a condition of taking the game being hunted.

 (c) 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
          (A) resident sport fishing license issued under AS 16.05.403 or permanent identification card issued under AS 16.05.400(b);

          (B) resident subsistence fishing permit issued under AS 16.05.403; or

          (C) 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.

 (d) 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.

 (e) 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
          (A) 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

          (B) signed document under (b)(1) or (c)(1) of this section; or

     (2) fish or game taken on behalf of another person.

 (f) 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
          (A) 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

          (B) signed document required under (b)(1) or (c)(1) of this section.




Sec. 16.05.407. Nonresident hunting big game animals must be accompanied.
 (a) 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
          (A) 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

          (B) 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
          (A) the spouse of the nonresident; or

          (B) related to the nonresident, within and including the second degree of kindred, by marriage or blood.

 (b) 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.

 (c) [Repealed, § 27 ch 71 SLA 1986.]
 (d) 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.

 (e) [Repealed, § 18 ch 37 SLA 1989.]
 (f) 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.




Sec. 16.05.408. Nonresident alien hunter to be accompanied by guide.
 (a) 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.

 (b) 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.

 (c) 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.




Sec. 16.05.410. Revocation of license.
 (a) 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.

 (b) 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.

 (c) 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.

 (d) [Repealed, § 2 ch 32 SLA 1968.]
 (e) [Repealed, § 2 ch 32 SLA 1968.]
 (f) 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.

 (g) 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.

 (h) 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.




Sec. 16.05.415. Determination of residency.
 (a) 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.

 (b) 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.

 (c) 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.

 (d) 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.

 (e) 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.

 (f) 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.

 (g) 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.

 (h) 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.

 (i) 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.




Sec. 16.05.420. License, tag, permit, and registration violations.
 (a) 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.

 (b) 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.

 (c) 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. A person may not use a license, tag, or sport fishing vessel registration that has been issued under this chapter to another person.




Sec. 16.05.430. Penalties.
 (a) Except as provided in AS 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.

 (b) 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.




Article 4. Licensing of Commercial Fishing Crewmembers and Vessels.


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.


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

 (b) 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.

 (c) [Repealed, § 19 ch 105 SLA 1977.]
 (d) 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.




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.


Sec. 16.05.470. Fee for issuance of licenses.
 (a) 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.

 (b) [Repealed, § 5 ch 21 SLA 1990.]
 (c) 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.

 (d) 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.




Sec. 16.05.475. Registration of fishing vessels.
 (a) 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.

 (b) 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.

 (c) 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)).

 (d) 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.




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

 (b) 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.

 (c) [Repealed, § 12 ch 123 SLA 1978.]
 (d) 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.

 (e) 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.

 (f) [Repealed, § 7 ch 27 SLA 2001.]
 (g) 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.

 (h) 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.

 (i) 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.

 (j) 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.




Sec. 16.05.490. Vessel license.
 (a) 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.

 (b) [Repealed, § 19 ch 105 SLA 1977.]
 (c) [Repealed, § 19 ch 105 SLA 1977.]
 (d) [Repealed, § 19 ch 105 SLA 1977.]
 (e) [Repealed, § 19 ch 105 SLA 1977.]




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.


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.


Sec. 16.05.520. Number plate.
 (a) 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.

 (b) 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.




Sec. 16.05.530. Renewal of vessel license.
 (a) 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.

 (b) 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.     



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.
 (a) 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.

 (b) The unauthorized production, reproduction, sale, exchange, distribution, or use of registration tags required in (a) of this section is prohibited.

 (c) 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.

 (d) [Repealed, § 61 ch 50 SLA 1989.]
 (e) 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.




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.


Sec. 16.05.662. Fishing derbies.
 (a) 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.

 (b) 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.




Sec. 16.05.665. Falsification of application for license.
 (a) 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.

 (b) A license issued under AS 16.05.440 — 16.05.660 to a person convicted under (a) of this section is void.

 (c) 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.




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.
 (a) 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.

 (b) 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.

 (c) 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.

 (d) 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.

 (e) 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.

 (f) 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.

 (g) 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
          (A) 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;

          (B) a fishery is managed through allocations of the harvest to individuals, such as trip limits or quota shares; or

          (C) 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.

 (h) 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.

 (i) In this section, “fish” means fish legally harvested and retained in salmon, herring, or Pacific cod fisheries.




Sec. 16.05.675. Landing permits.
 (a) 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.

 (b) The commissioner may by regulation establish eligibility requirements for the issuance of a landing permit.

 (c) 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.




Sec. 16.05.680. Unlawful practices.
 (a) It is unlawful for a person, or an agent or representative of the person,
     (1) to employ, in the harvesting, transporting, or purchasing of fish, a fisherman who neither is licensed under AS 16.05.480 nor is the holder of a permit issued under AS 16.43;

     (2) to purchase fish from a person who is not
          (A) the holder of a limited entry, interim-use, or landing permit issued under AS 16.43;

          (B) a fish transporter who is selling the fish as the agent of the holder of a limited entry, interim-use, or landing permit issued under AS 16.43; or

          (C) exempt under AS 16.05.660; or

     (3) to purchase fish from an association other than one to which a permit has been issued under AS 16.05.662.

 (b) A person may not sell salmon that was not harvested under the authority of the entry permit, interim-use permit, or landing permit under which the salmon is sold. For purposes of this subsection, salmon sold by a fish transporter on behalf of the commercial fisherman who harvested the salmon is salmon harvested under the authority of the limited entry, interim-use, or landing permit under which the salmon is sold.




Sec. 16.05.685. Processing on commercial king crab fishing vessels.
 (a) Crab of any species may not be processed on a commercial crab fishing vessel unless
     (1) the vessel remains within one registration area from the time the crab is caught to the time of dock delivery;

     (2) the operator of the vessel notifies the department of proposed changes in location before moving to another registration area; and

     (3) the operator of the vessel provides quarters for inspectors of the department who may inspect the crab catch on the vessel at any time.

 (b) The restrictions set out in (a) of this section do not apply to processing aboard the fishing vessel for and as donations to charity, for consumption aboard the vessel, or for dockside retail sales from the vessel.

 (c) In this section,
     (1) “process” means to butcher, cook, chill, or freeze crab for commercial use;

     (2) “registration area” means a specific king crab registration area as designated by regulation of the Board of Fisheries.




Sec. 16.05.690. Record of purchases.
 (a) Each buyer of fish shall keep a record of each purchase showing the name or number of the vessel from which the catch involved is taken, the date of landing, vessel license number, pounds purchased of each species, number of each species, and the Department of Fish and Game statistical area in which the fish were taken, and other information the department requires. Records may be kept on forms provided by the department. Each person charged with keeping the records shall report them to the department in accordance with regulations adopted by the department.

 (b) A person may not knowingly enter false information on a fish ticket or supply false information to a person who is recording information on a fish ticket.

 (c) [Repealed, § 1 ch 13 SLA 1997.]




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.
 (a) 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.

 (b) 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.

 (c) 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.

 (d) 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.




Sec. 16.05.720. Penalties. [Repealed, § 5 ch 46 SLA 1988.]
Sec. 16.05.722. Strict liability commercial fishing penalties.
 (a) A person who without any culpable mental state violates AS 16.05.440 — 16.05.690, or a regulation of the Board of Fisheries or the department governing commercial fishing, is guilty of a violation and upon conviction is punishable by a fine of not more than
     (1) $3,000 for a first conviction;

     (2) $6,000 for a second conviction or for a subsequent conviction not described in (3) of this subsection; and

     (3) $9,000 for a third or subsequent conviction within a 10-year period.

 (b) In addition, the court shall order forfeiture of any fish, or its fair market value, taken or retained as a result of the commission of the violation. For purposes of this subsection, it is a rebuttable presumption that all fish found on board a fishing vessel used in or in aid of a violation, or found at the fishing site, were taken or retained in violation of AS 16.05.440 — 16.05.690 or a commercial fisheries regulation of the Board of Fisheries or the department. It is the defendant’s burden to show by a preponderance of the evidence that fish on board or at the site were lawfully taken and retained.

 (c) A person charged with a violation under this section is entitled to a trial by court but not by jury, and is not entitled to representation at public expense.




Sec. 16.05.723. Misdemeanor commercial fishing penalties.
 (a) A person who negligently violates AS 16.05.440 — 16.05.690, or a regulation of the Board of Fisheries or the department governing commercial fishing, is guilty of a misdemeanor and in addition to punishment under other provisions in this title, including AS 16.05.195 and 16.05.710, is punishable upon conviction by a fine of not more than $15,000 or by imprisonment for not more than one year, or by both. In addition, the court shall order forfeiture of any fish, or its fair market value, taken or retained as a result of the commission of the violation, and the court may forfeit any vessel and any fishing gear, including any net, pot, tackle, or other device designed or employed to take fish commercially, that was used in or in aid of the violation. Any fish, or its fair market value, forfeited under this subsection may not also be forfeited under AS 16.05.195. For purposes of this subsection, it is a rebuttable presumption that all fish found on board a fishing vessel used in or in aid of a violation, or found at the fishing site, were taken or retained in violation of AS 16.05.440 — 16.05.690 or a commercial fisheries regulation of the Board of Fisheries or the department, and it is the defendant’s burden to show by a preponderance of the evidence that fish on board or at the site were lawfully taken and retained.

 (b) If a person is convicted under this section of one of the following offenses, then, in addition to the penalties imposed under (a) of this section, the court may impose a fine equal to the gross value of the fish found on board or at the fishing site at the time of the violation:
     (1) commercial fishing in closed waters;

     (2) commercial fishing during a closed period or season;

     (3) commercial fishing with unlawful gear, including a net, pot, tackle, or other device designed or employed to take fish commercially; or

     (4) commercial fishing without a limited entry permit holder on board if the holder is required by law or regulation to be present.

 (c) Upon a third misdemeanor conviction within a period of 10 years for an offense listed in (b) of this section or any combination of offenses listed in (b) of this section, the court shall impose, in addition to any penalties imposed under (a) of this section, a fine equal to three times the gross value of the fish found on board or at the fishing site at the time of the offense, or a fine equal to $10,000, whichever is greater.




Article 5. Management of Fish and Fisheries.


Sec. 16.05.730. Management of wild and enhanced stocks of fish.
 (a) Fish stocks in the state shall be managed consistent with sustained yield of wild fish stocks and may be managed consistent with sustained yield of enhanced fish stocks.

 (b) In allocating enhanced fish stocks, the board shall consider the need of fish enhancement projects to obtain brood stock. The board may direct the department to manage fisheries in the state to achieve an adequate return of fish from enhanced stocks to enhancement projects for brood stock; however, management to achieve an adequate return of fish to enhancement projects for brood stock shall be consistent with sustained yield of wild fish stocks.

 (c) The board may 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).

 (d) In this section, “enhancement project” means a project, facility, or hatchery for the enhancement of fishery resources of the state for which the department has issued a permit.




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.


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.


Article 6. Miscellaneous Provisions.


Sec. 16.05.780. Taking of antlerless moose prohibited.
 (a) The taking of antlerless moose in any game management unit or subunit or a portion of a unit or subunit is prohibited except that antlerless moose may be taken only under regulations adopted under (b) of this section after
     (1) the department recommends the season be opened in that year, based on biological evidence, and

     (2) a majority of active local advisory committees for that unit or subunit have recommended an opening for that year, after each has taken a vote and a majority of the members of those committees have voted in the affirmative.

 (b) Pursuant to (a) of this section the board, in its regularly scheduled annual game board meeting, may adopt regulations for the taking of antlerless moose in any game management unit or subunit in any year.




Sec. 16.05.782. Taking of brown or grizzly bear near solid waste disposal facility prohibited.
 (a) Except as provided in (d) of this section, a person who with criminal negligence takes a brown or grizzly bear within one-half mile of a solid waste disposal facility is guilty of a class A misdemeanor.

 (b) In addition to the penalty imposed by law under (a) of this section, the court shall order forfeiture of the hide and skull of the bear, but if the hide and skull are not salvaged and delivered to the department then the court shall impose an additional fine of up to $10,000.

 (c) It is an affirmative defense to a prosecution under (a) of this section that the person took the bear in defense of life or property if the person who took the bear shows by a preponderance of the evidence that
     (1) the necessity for the taking was not brought about by harassment or provocation of the bear by the person who took the bear;

     (2) the necessity for the taking was not brought about by the negligent disposal of garbage or the creation of a similar attractive nuisance by the person who took the bear; and

     (3) the person exhausted all other practicable means to protect life and property before the bear was taken.

 (d) Notwithstanding (a) — (c) of this section, the department may authorize the taking of a problem brown or grizzly bear within one-half mile of a solid waste disposal facility at any time, if the taking of the bear is necessary to protect the public and is consistent with sound game management principles.

 (e) In this section
     (1) “criminal negligence” has the meaning given in AS 11.81.900(a);

     (2) “property” means
          (A) a dwelling, permanent or temporary;

          (B) an aircraft, boat, automobile, or other conveyance;

          (C) a domestic animal;

          (D) other property of substantial value necessary for the livelihood or survival of the owner;

     (3) “solid waste disposal facility” means a facility for the disposal of solid waste, other than sewage, for which a prior authorization has been issued under AS 46.03.100.




Sec. 16.05.783. Same day airborne hunting.
 (a) A person may not shoot or assist in shooting a free-ranging wolf or wolverine the same day that a person has been airborne. However, the Board of Game may authorize a predator control program as part of a game management plan that involves airborne or same day airborne shooting if the board has determined based on information provided by the department
     (1) in regard to an identified big game prey population under AS 16.05.255(g) that objectives set by the board for the population have not been achieved and that predation is an important cause for the failure to achieve the objectives set by the board, and that a reduction of predation can reasonably be expected to aid in the achievement of the objectives; or

     (2) that a disease or parasite of a predator population
          (A) is threatening the normal biological condition of the predator population; or

          (B) if left untreated, would spread to other populations.

 (b) This section does not apply to
     (1) a person who was airborne the same day if that person was airborne only on a regularly scheduled commercial flight; or

     (2) an employee of the department who, as part of a game management program, is authorized to shoot or to assist in shooting wolf, wolverine, fox, or lynx on the same day that the employee has been airborne.

 (c) A person who violates this section is guilty of a misdemeanor, and upon conviction is punishable by a fine of not more than $5,000, or by imprisonment for not more than one year, or by both. In addition, the court may order the aircraft and equipment used in or in aid of a violation of this section to be forfeited to the state.

 (d) When the Board of Game authorizes a predator control program that includes airborne or same day airborne shooting, the board shall have the prerogative to establish predator reduction objectives and limits, methods and means to be employed, who is authorized to participate in the program, and the conditions for participation of individuals in the program.

 (e) The use of state employees or state owned or chartered equipment, including helicopters, in a predator control program is prohibited without the approval of the commissioner.

 (f) In this section,
     (1) “free-ranging” means that the animal is wild and not caught in a trap or snare; and

     (2) “game management program” means a program authorized by the Board of Game or the commissioner to achieve identified game management objectives in a designated geographic area.




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.


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.
 (a) Hunting with firearms is prohibited north of the Yukon River in the area within five miles on either side of the highway between the Yukon River and the Arctic Ocean.

 (b) A person who violates this section is guilty of a class A misdemeanor.




Sec. 16.05.790. Obstruction or hindrance of lawful hunting, fishing, trapping, or viewing of fish or game.
 (a) Except as provided in (e) of this section, a person may not intentionally obstruct or hinder another person’s lawful hunting, fishing, trapping, or viewing of fish or game by
     (1) placing one’s self in a location in which human presence may alter the
          (A) behavior of the fish or game that another person is attempting to take or view; or

          (B) feasibility of taking or viewing fish or game by another person; or

     (2) creating a visual, aural, olfactory, or physical stimulus in order to alter the behavior of the fish or game that another person is attempting to take or view.

 (b) Notwithstanding AS 12.25, only a peace officer may arrest a person for violating this section. A peace officer who has probable cause to believe that a person has violated this section may arrest or cite the person or order the person to desist.

 (c) In a prosecution under this section, it is an affirmative defense that the person was lawfully entitled to obstruct or hinder the hunting, fishing, trapping, or viewing of fish or game.

 (d) This section does not apply to
     (1) lawful competitive practices among persons engaged in lawful hunting, fishing, or trapping;

     (2) actions taken on private property with the consent of the owner; or

     (3) the obstruction or hindrance of the viewing of fish or game by a person actively engaged in lawful fishing, hunting, or trapping.

 (e) A person who violates this section is guilty of a misdemeanor and is punishable by a fine of not more than $500 or imprisonment for not more than 30 days, or both.

 (f) For purposes of (a) of this section, “lawful” means
     (1) in compliance with
          (A) this title, regulations adopted under this title, or applicable federal statutes and regulations;

          (B) the Marine Mammal Protection Act (P.L. 92-522) or the Endangered Species Act (P.L. 93-205); or

          (C) federal regulations adopted under 16 U.S.C. 3111 — 3126 relating to subsistence hunting, fishing, or trapping on federal land; and

     (2) with the permission of the private landowner if the hunting, fishing, trapping, or viewing of fish or game occurs on private land.




Sec. 16.05.791. Civil remedies for violation of AS 16.05.790.
 (a) A person aggrieved by conduct or threatened conduct in violation of AS 16.05.790 may petition a superior court to enjoin the respondent from engaging in the conduct.

 (b) A person aggrieved by a violation of AS 16.05.790 is entitled to recover general damages and special damages, including license and permit fees, travel costs, guide-outfitting fees, costs for special equipment and supplies, and other related expenses.

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




Secs. 16.05.792 — 16.05.796. Qualifications of Master Guides; license not required; 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.
 (a) A person may not engage in computer-assisted remote hunting or provide or operate a facility for computer-assisted remote hunting in the state. This subsection applies to any person engaged in computer-assisted remote hunting if the game or any device, equipment, or software used for computer-assisted remote hunting is located in the state.

 (b) This section does not apply to a person with physical disabilities using equipment or devices designed to assist with the disability while present in the field and meaningfully participating in the act of hunting under regulations adopted by the Board of Game.

 (c) In this section,
     (1) “computer-assisted remote hunting” means the use of a computer or any other device, equipment, or software to remotely control the aiming and discharge of a firearm, bow and arrow, or any other weapon used to hunt any game bird, game animal, or fur-bearing animal while not in the physical presence of the animal;

     (2) “facility” means real property and improvements on the real property associated with computer-assisted remote hunting.

 (d) A person who violates (a) of this section is, upon conviction, guilty of a class A misdemeanor. If a violation is continuing in nature, each day the violation continues constitutes a separate offense.




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.


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.




Sec. 16.05.815. Confidential nature of certain reports and records.
 (a) 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 (5) — (9) 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) such records and reports as necessary to be in conformity with a court order;

     (6) 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;

     (7) 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;

     (8) any of the records and reports to the Department of Public Safety for law enforcement purposes;

     (9) 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;

     (10) fish tickets, fish ticket information, and records required of sport fishing guides regarding halibut to the International Pacific Halibut Commission;

     (11) 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;

     (12) 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

     (13) 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).

 (b) 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.

 (c) 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.

 (d) 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.




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.


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.


Sec. 16.05.825. State upland game bird release program.
 (a) In addition to any other program for the stocking or propagation of game birds that the department has as of July 23, 1974, the department shall establish a special program for the raising, maintenance, and release of upland game birds in the state. Birds raised under this program may be released in an appropriate area of the state at any time, but may be harvested only during regular hunting seasons, as specified by the board under AS 16.05.255(a)(2). The board shall adopt regulations necessary to implement this section.

 (b) The department shall establish an appropriate facility for the raising and maintenance of upland game birds to be located at an appropriate place, as determined by the commissioner, in interior Alaska.

 (c) The department shall employ a method of tagging game birds released under this section and compile harvest statistics.

 (d) In this section, “upland game bird” means a game bird for which a season is established under AS 16.05.255(a)(2) as of July 23, 1974, excluding waterfowl.




Sec. 16.05.826. Waterfowl conservation stamp program.
 (a) The waterfowl conservation tag authorized in AS 16.05.340(a)(17) shall be produced annually in stamp form by the department in an amount the commissioner considers appropriate. The department shall make stamps available for the creation of waterfowl conservation limited edition prints and shall provide for the sale of stamps and prints to the public.

 (b) The department shall provide by appropriate means for the selection of the design of the annual waterfowl conservation stamp and for the production and sale of the stamps.

 (c) The department may contract to others the performance of the department’s responsibilities under this section. Contracting under this subsection is governed by AS 36.30 (State Procurement Code), except that a contract may include provisions for advance payment or reimbursement for services performed under the contract. All costs incurred under this section may be paid from the fish and game fund.

 (d) [Repealed, § 28 ch 90 SLA 1991.]




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.
 (a) A person may not waste salmon intentionally, knowingly, or with reckless disregard for the consequences. In this section, “waste” means the failure to utilize the majority of the carcass, excluding viscera and sex parts, of a salmon intended for
     (1) sale to a commercial buyer or processor;

     (2) consumption by humans or domesticated animals; or

     (3) scientific, educational, or display purposes.

 (b) The commissioner, upon request, may authorize other uses of salmon that would be consistent with maximum and wise use of the resource.

 (c) A person who violates this section or a regulation adopted under it is punishable by a fine of not more than $10,000, or by imprisonment for not more than six months, or by both. In addition, a person who violates this section is subject to a civil action by the state for the cost of replacing the salmon wasted.




Sec. 16.05.835. Maximum length of salmon seine and certain hair crab vessels.
 (a) Unless the Board of Fisheries has provided by regulation for the use of a longer vessel in a salmon seine fishery, a salmon seine vessel may not be longer than 58 feet overall length except vessels that have fished for salmon with seines in waters of the state before January 1, 1962, as 50-foot, official Coast Guard register length vessels.

 (b) A vessel engaged in the Bering Sea hair crab fishery within five miles of the shore may not be longer than 58 feet overall length.

 (c) In this section, “overall length” means the straight line length between the extremities of the vessel excluding anchor rollers.




Sec. 16.05.840. Fishway required. [Repealed, E.O. No. 107, § 44 (2003).]

Article 7. Fishways and Hatcheries.


Sec. 16.05.841. Fishway required.
If the commissioner considers it necessary, every dam or other obstruction built by any person across a stream frequented by salmon or other fish shall be provided by that person with a durable and efficient fishway and a device for efficient passage for downstream migrants. The fishway or device or both shall be maintained in a practical and effective manner in the place, form, and capacity the commissioner approves for which plans and specifications shall be approved by the department upon application. The fishway or device shall be kept open, unobstructed, and supplied with a sufficient quantity of water to admit freely the passage of fish through it.


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.




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.
 (a) The owner of a dam or obstruction who fails to comply with AS 16.05.841 or 16.05.851 or a regulation adopted under AS 16.05.841 or 16.05.851 within a reasonable time specified by written notice from the commissioner is guilty of a misdemeanor, and is punishable by a fine of not more than $1,000. Each day the owner fails to comply constitutes a separate offense.

 (b) In addition to the fine, the dam or other obstruction managed, controlled, or owned by a person violating AS 16.05.841 or 16.05.851 or a regulation adopted under AS 16.05.841 or 16.05.851 is a public nuisance and is subject to abatement.




Article 8. Protection of Waterways for Anadromous Fish.


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.
 (a) The commissioner shall, in accordance with AS 44.62 (Administrative Procedure Act), specify the various rivers, lakes, and streams or parts of them that are important for the spawning, rearing, or migration of anadromous fish.

 (b) If a person or governmental agency desires to construct a hydraulic project, or use, divert, obstruct, pollute, or change the natural flow or bed of a specified river, lake, or stream, or to use wheeled, tracked, or excavating equipment or log-dragging equipment in the bed of a specified river, lake, or stream, the person or governmental agency shall notify the commissioner of this intention before the beginning of the construction or use.

 (c) The commissioner shall acknowledge receiving the notice by return first class mail. If the commissioner determines that the following information is required, the letter of acknowledgement shall require the person or governmental agency to submit to the commissioner:
     (1) full plans and specifications of the proposed construction or work;

     (2) complete plans and specifications for the proper protection of fish and game in connection with the construction or work, or in connection with the use; and

     (3) the approximate date the construction, work, or use will begin.

 (d) The commissioner shall approve the proposed construction, work, or use in writing unless the commissioner finds the plans and specifications insufficient for the proper protection of fish and game. Upon a finding that the plans and specifications are insufficient for the proper protection of fish and game, the commissioner shall notify the person or governmental agency that submitted the plans and specifications of that finding by first class mail. The person or governmental agency may, within 90 days of receiving the notice, initiate a hearing under AS 44.62.370. The hearing is subject to AS 44.62.330 — 44.62.630.




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.


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.


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.


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.
 (a) A person who violates AS 16.05.871 — 16.05.896 is guilty of a class A misdemeanor.

 (b) The court shall transmit the proceeds of all fines to the proper state officer for deposit in the general fund of the state.




Article 9. General Provisions.


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.


Sec. 16.05.903. Big game photography contest. [Repealed, § 29 ch 132 SLA 1984.]
Sec. 16.05.905. Activities by aliens prohibited.
 (a) Alien persons not lawfully admitted to the United States are prohibited from engaging in commercial fishing activities or taking marine mammals in the territorial waters of the state as they presently exist or may be extended in the future.

 (b) An alien person who violates (a) of this section is guilty of a misdemeanor, and upon conviction is punishable by a confiscation and forfeiture of the fishing vessel used in the violation, or by imprisonment for not more than one year, or by fine of not more than $10,000, or by all or any two of the foregoing punishments.




Sec. 16.05.910. Penalty. [Renumbered as AS 16.05.905(b).]
Sec. 16.05.920. Prohibited conduct generally.
 (a) Unless permitted by AS 16.05 — AS 16.40 or by regulation adopted under AS 16.05 — AS 16.40, a person may not take, possess, transport, sell, offer to sell, purchase, or offer to purchase fish, game, or marine aquatic plants, or any part of fish, game, or aquatic plants, or a nest or egg of fish or game.

 (b) A person may not knowingly disturb, injure, or destroy a notice, signboard, seal, tag, aircraft, boat, vessel, automobile, paraphernalia, equipment, building, or other improvement or property of the department used in the administration or enforcement of this title except AS 16.51 and AS 16.52, or a poster or notice to the public concerning the provisions of this title except AS 16.51 and AS 16.52, or a regulation adopted under this title except AS 16.51 and AS 16.52, or a marker indicating the boundary of an area closed to hunting, trapping, fishing, or other special use under this title except AS 16.51 and AS 16.52. A person may not knowingly destroy, remove, tamper with, or imitate a seal or tag issued or used by the department or attached under its authority to a skin, portion, or specimen of fish or game, or other article for the purpose of identification or authentication in accordance with this title except AS 16.51 and AS 16.52 or a regulation adopted under this title except AS 16.51 and AS 16.52.




Sec. 16.05.921. Venomous reptiles and insects or their eggs; prohibited conduct; permits.
 (a) A person may not import, possess, transport, or release in the state live venomous reptiles, live venomous reptile eggs, live venomous insects, or live venomous insect eggs, except in accordance with the terms of a permit issued under (b) of this section. This prohibition does not apply to bees as defined in AS 03.47.040. A person who violates this subsection is guilty of a misdemeanor and may be cited as set out in AS 16.05.165.

 (b) A permit required under (a) of this section may be granted only if, in the determination of the commissioner, the applicant demonstrates a valid educational purpose for seeking the permit. A valid educational purpose includes display in educational institutions and in zoos.




Sec. 16.05.925. Penalty for violations.
 (a) Except as provided in AS 16.05.430, 16.05.665, 16.05.722, 16.05.723, 16.05.783, 16.05.831, 16.05.861, and 16.05.905, a person who violates AS 16.05.920 or 16.05.921, or a regulation adopted under this chapter or AS 16.20, is guilty of a class A misdemeanor.

 (b) In addition to a penalty imposed under (a) of this section or any other penalty for violation of this title or a regulation adopted under this title, a person who is convicted of unlawfully taking an animal listed in this subsection may be ordered by the court to pay restitution to the state in the amount set out in this subsection for each animal unlawfully taken:
(1) Bear, black ................... $ 600(2) Bear, brown or grizzly ................... 1,300(3) Bison ................... 1,300(4) Caribou ................... 850(5) Deer ................... 400(6) Elk ................... 800(7) Goat ................... 800(8) Moose ................... 1,000(9) Musk oxen ................... 3,000(10) Sheep ................... 1,100(11) Wolf ................... 500(12) Wolverine ................... 500.



Sec. 16.05.930. Exempted activities.
 (a) This chapter does not prevent the collection or exportation of fish and game, a part of fish or game or a nest or egg of a bird for scientific or educational purposes, or for propagation or exhibition purposes under a permit that the department may issue and prescribe the terms thereof.

 (b) This chapter does not prohibit a person from taking fish or game during the closed season, in case of dire emergency, as defined by regulation adopted by the appropriate board.

 (c) AS 16.05.920 and 16.05.921 do not prohibit rearing and sale of fish from private ponds, the raising of wild animals in captivity for food, or the raising of game birds for the purpose of recreational hunting on game hunting preserves, under regulations adopted by the appropriate board. In this subsection, “animals” includes all animal life, including insects and bugs.

 (d) Nondomestic animals of any species may not be transferred or transported from the state under (a) of this section unless approved by the Board of Game in regular or special meeting. Animals transferred or transported under (a) of this section shall be animals that are certified by the department to be surplus and unnecessary to the sustained yield management of the resource. Each application for a permit under (a) of this section shall be accompanied by a statement prepared by the department examining the probable environmental impact of the action.

 (e) This chapter does not prevent the traditional barter of fish and game taken by subsistence hunting or fishing, except that the commissioner may prohibit the barter of subsistence-taken fish and game by regulation, emergency or otherwise, if a determination on the record is made that the barter is resulting in a waste of the resource, damage to fish stocks or game populations, or circumvention of fish or game management programs.

 (f) A permit may not be required for possessing, importing, or exporting mink and fox for fur farming purposes.

 (g) AS 16.05.330 — 16.05.723 do not apply to an activity authorized by a permit issued under AS 16.40.100 or 16.40.120, or to a person or vessel employed in an activity authorized by a permit issued under AS 16.40.100 or 16.40.120.




Sec. 16.05.935. Restrictions on cooperation with federal government.
 (a) In recognition of the fact that the state has not assented to federal control of fish and game in Glacier Bay National Park and Preserve or the navigable waters within or adjoining the park and preserve, that the power to control the management of fish and game within the boundaries of the state is an incident of state sovereignty, and that the federal government cannot commandeer the lawmaking processes of the states to compel the state to enact and enforce a federal regulatory program, an agency, employee, or agent of the state may not expend funds to adopt or enforce the implementation of the federal regulatory program or a part of the program for control of fish and game in the park and preserve or the navigable waters within or adjoining the park and preserve that is in conflict with a state statute or regulation regarding management of fish or game within the park or preserve. This subsection does not prohibit an agency, employee, or agent of the state from
     (1) taking action necessary to protect life or property;

     (2) commenting on proposed federal statutes or regulations;

     (3) collecting data relating to claims of economic harm arising from the closure of the park and preserve to commercial fishing; or

     (4) participating in or cooperating with a federal program established under 16 U.S.C. 703 — 712 (Migratory Bird Treaty Act); 16 U.S.C. 773 — 773k (Northern Pacific Halibut Act of 1982); 16 U.S.C. 1361 — 1421h (Marine Mammal Protection Act); 16 U.S.C. 1531 — 1544 (Endangered Species Act); 16 U.S.C. 1801 — 1883 (Magnuson-Stevens Fishery Conservation and Management Act); 16 U.S.C. 3631 — 3644 (Pacific Salmon Treaty Act of 1985).

 (b) Nothing in this title authorizes the department or a board to enter into an agreement with a department or agency of the federal government that cedes state authority for the management of fish or game in the state to the federal government. In this subsection, “management” means the regulation of the method, manner, means, time, or place of taking of fish or game or the regulation of the amount of fish or game that may be taken.




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
          (A) for other fish or game or their parts; or

          (B) 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
          (A) “gear” means the specific apparatus used in the harvest of a fishery resource; and

          (B) “type of gear” means an identifiable classification of gear and may include
               (i) 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

               (ii) 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
          (A) attributable to a mental or physical impairment or a combination of mental and physical impairments;

          (B) that is manifested before the person reaches 18 years of age;

          (C) that is likely to continue indefinitely;

          (D) 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;

          (E) 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;

          (F) and that the person is not a danger to themselves or others; and

          (G) 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
          (A) 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;

          (B) 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;

          (C) 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;

          (D) 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

          (E) 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.




Sec. 16.05.950. Short title of the chapter.
This chapter may be cited as the Fish and Game Code.


Article 1. Interference with Streams and Waters.


Chapter 10. Fisheries and Fishing Regulations.

Sec. 16.10.010. Interference with salmon spawning streams and waters.
 (a) A person may not, without first applying for and obtaining a permit or license from the Department of Environmental Conservation,
     (1) obstruct, divert, or pollute waters of the state, either fresh or salt, utilized by salmon in the propagation of the species, by felling trees or timber in those waters, casting, passing, throwing, or dumping tree limbs or foliage, underbrush, stumps, rubbish, earth, stones, rock, or other debris, or passing or dumping sawdust, planer shavings, or other waste or refuse of any kind in those waters;

     (2) erect a dam, barricade, or obstruction to retard, conserve, impound, or divert the waters described in (1) of this subsection to prevent, retard, or interfere with the free ingress or egress of salmon into those waters in the natural spawning or propagation process;

     (3) render the waters described in (1) of this subsection inaccessible or uninhabitable for salmon for spawning or propagation.

 (b) The application for the permit or license referred to in (a) of this section must set out the name and style of the person or concern, describe the waters and location, and state in particular the plans, purpose, and intention for which the application is made.




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.


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.


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.


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.


Article 2. Interference with Commercial Fishing Gear.


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.


Article 3. Fish Traps and Other Illegal Fishing Devices.


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.


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.


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.


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.


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.


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.


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.


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.


Secs. 16.10.140 — 16.10.160. Taking of herring spawn. [Repealed, § 2 ch 91 SLA 1970.]

Article 4. Utilization of Pollock and Herring.


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.




Sec. 16.10.165. Utilization of groundfish taken in a commercial fishery.
 (a) Unless otherwise provided by law, a person may not recklessly waste or cause to be wasted groundfish taken in a commercial fishery.

 (b) 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.

 (c) A person who violates this section is guilty of a class A misdemeanor.

 (d) Each day on which a violation of this section occurs is a separate violation.

 (e) In this section
     (1) “flesh” means all muscular body tissue surrounding the skeleton;

     (2) “groundfish” means
          (A) pollock; or

          (B) 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.




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.


Sec. 16.10.173. Utilization of commercially taken herring.
 (a) A person may not waste or cause to be wasted any commercially taken herring.

 (b) 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.

 (c) 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.

 (d) 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.

 (e) A person who violates this section is guilty of a class A misdemeanor.




Sec. 16.10.175. Removal of herring from state.
 (a) A person may not remove herring from the state before the herring has been frozen or otherwise processed for shipment.

 (b) 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.




Article 5. Migratory Fish and Shellfish.


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.




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.


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.


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.


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.


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.




Article 6. Transportation of Fish and Shellfish.


Sec. 16.10.240. Transportation of Live Crab.
 (a) A person may not take out of, ship, transport, or send from this state any live King crab, species Paralithodes camtschatica, live Dungeness crab, species Cancer magister, or live Tanner crab, species Chionoecetes bairdi, except that all of these species may be shipped live via air freight after pre-packaging.

 (b) Notwithstanding (a) of this section, live Dungeness crab, species Cancer magister, may be taken, shipped, transported, or sent from the state by means of surface transportation 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 Dungeness crab for the presence of marine toxins.




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.


Article 7. Purchase of Fish.


Sec. 16.10.265. Purchase of fish from permit holders.
 (a) 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.

 (b) 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.

 (c) 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.

 (d) 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).

 (e) An organization may not be criminally prosecuted under (a) of this section.

 (f) In this section, “individual” means a natural person.




Sec. 16.10.267. Possession of permit and identification by seller.
 (a) 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.

 (b) 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.

 (c) 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.

 (d) 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.

 (e) 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
          (A) may sentence the convicted person to pay a fine of not more than $10,000; and

          (B) shall order that the convicted person lose commercial fishing privileges for a period of three years from the date of conviction.




Sec. 16.10.268. Notice of liability.
 (a) 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.

 (b) 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.




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.


Sec. 16.10.270. Purchase of fish by the pound.
 (a) 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.

 (b) 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.




Sec. 16.10.275. Regulations.
The commissioner may adopt regulations to carry out the provisions of AS 16.10.270 — 16.10.296.


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.


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.
 (a) [Repealed, § 4, E.O. No. 85 (1993).]
 (b) [Repealed, § 4, E.O. No. 85 (1993).]
 (c) [Repealed, § 4, E.O. No. 85 (1993).]
 (d) [Repealed, § 4, E.O. No. 85 (1993).]
 (e) 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.

 (f) 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.

 (g) 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.




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.




Article 8. Commercial Fishing Loan Act.


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.


Sec. 16.10.310. Powers of the department.
 (a) The department may
     (1) make loans
          (A) 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
               (i) for the purchase of entry permits;

               (ii) to upgrade existing vessels and gear for the purpose of improving the quality of Alaska seafood products; or

               (iii) for propulsion engine or generator engine replacements on existing vessels for the purpose of improving fuel efficiency;

          (B) 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
               (i) 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

               (ii) is economically dependent on commercial fishing for a livelihood and for whom commercial fishing has been a traditional way of life in Alaska;

          (C) for the purchase of quota shares for fisheries in or off the state by individual commercial fishermen who
               (i) 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;

               (ii) 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;

               (iii) qualify as transferees for quota shares under applicable law; and

               (iv) are not eligible for financing from other recognized commercial lending institutions to purchase quota shares;

          (D) 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
               (i) 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

               (ii) is economically dependent on commercial fishing for a livelihood and for whom commercial fishing has been a traditional way of life in Alaska;

          (E) 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;

          (F) 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
          (A) 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

          (B) 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.

 (b) [Repealed, § 34 ch 79 SLA 1985.]
 (c) 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.

 (d) [Repealed, § 9 ch 62 SLA 1994.]
 (e) [Repealed, § 4 ch 12 SLA 2000.]




Sec. 16.10.315. Allocation of loans. [Repealed, § 4 ch 100 SLA 2006.]
Sec. 16.10.320. Limitations on loans.
 (a) 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
          (A) exceeding the prime rate, as defined by AS 44.88.599, plus two percentage points;

          (B) at a rate of more than 10 1/2 percent a year; or

          (C) 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.

 (b) 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.

 (c) [Repealed, § 72 ch 113 SLA 1982.]
 (d) The total of balances outstanding on loans made to a borrower under AS 16.10.310(a)(1)(A) may not exceed $300,000. The total of balances outstanding on loans made to a borrower under AS 16.10.310(a)(1)(B) may not exceed $200,000 for the purchase of an entry permit and may not exceed $100,000 for all other loans under that subparagraph. The total of balances outstanding on loans made to a borrower under AS 16.10.310(a)(1)(C) may not exceed $300,000. 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 $300,000. 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.

 (e) 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.

 (f) [Repealed, § 34 ch 79 SLA 1985.]
 (g) [Repealed, § 72 ch 113 SLA 1982.]
 (h) 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.

 (i) 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.

 (j) 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.

 (k) 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.

 (l) 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.

 (m) 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.




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.


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.
 (a) 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.

 (b) 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.

 (c) 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.

 (d) Upon satisfaction of the note by the debtor, the commissioner shall certify to the commission that the note has been satisfied.

 (e) Upon certification as provided in (d) of this section, the commission shall amend the permit certificate to list the debtor as the legal owner.

 (f) [Repealed, § 34 ch 79 SLA 1985.]




Sec. 16.10.335. Default and foreclosure.
 (a) 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.

 (b) 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.

 (c) 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.

 (d) 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.

 (e) 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.

 (f) 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.

 (g) 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.




Sec. 16.10.337. Deficiencies and transfer of entry permits after foreclosure.
 (a) 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.

 (b) 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.

 (c) [Repealed, § 72 ch 113 SLA 1982.]
 (d) 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.




Sec. 16.10.338. Entry permits as collateral.
 (a) 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.

 (b) 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.

 (c) 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.




Sec. 16.10.339. Regulations.
The department shall adopt regulations to implement AS 16.10.333 — 16.10.337.


Sec. 16.10.340. Commercial fishing revolving loan fund.
 (a) There is a commercial fishing revolving loan fund to carry out the purpose of AS 16.10.300 — 16.10.370.

 (b) Money in the fund may be used by the legislature to make appropriations for costs of administering AS 16.10.300 — 16.10.370.

 (c) 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.




Sec. 16.10.342. Foreclosure expense account.
 (a) There is established as a special account within the commercial fishing revolving loan fund the foreclosure expense account.

 (b) [Repealed, § 72 ch 113 SLA 1982.]
 (c) 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.




Sec. 16.10.345. Community quota entity revolving loan fund.

Sec. 16.10.350. Administration of fund.
 (a) The commissioner shall administer the commercial fishing revolving loan fund.

 (b) 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.




Sec. 16.10.353. Waiver of confidentiality.
 (a) The commissioner may release information about a borrower’s loan to any individual when release of the information has been authorized by the borrower.

 (b) 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.




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.


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.




Sec. 16.10.370. Short title.
AS 16.10.300 — 16.10.370 may be cited as the Commercial Fishing Loan Act.


Article 9. Salmon Hatcheries.


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.


Sec. 16.10.380. Regional associations.
 (a) 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.

 (b) 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.

 (c) In this section “user group” includes, but is not limited to, sport fishermen, processors, commercial fishermen, subsistence fishermen, and representatives of local communities.




Sec. 16.10.400. Permits for salmon hatcheries.
 (a) 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.

 (b) 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.

 (c) 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.

 (d) [Repealed, § 19 ch 154 SLA 1977.]
 (e) 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.

 (f) 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.

 (g) 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.




Sec. 16.10.410. Hearings before permit issuance.
 (a) 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.

 (b) 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.

 (c) 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.

 (d) 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.




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.




Sec. 16.10.430. Alteration, suspension, or revocation of permit.
 (a) 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.

 (b) 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.




Sec. 16.10.440. Regulations relating to released fish.
 (a) 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.

 (b) 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.




Sec. 16.10.443. Department assistance and cooperation.
 (a) 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.

 (b) 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.




Sec. 16.10.445. Egg sources.
 (a) The department shall approve the source and number of salmon eggs taken under AS 16.10.400 — 16.10.470.

 (b) 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.




Sec. 16.10.450. Sale of salmon and salmon eggs: use of proceeds; quality and price.
 (a) 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.

 (b) 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.




Sec. 16.10.455. Cost recovery fisheries.
 (a) 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.

 (b) 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.

 (c) 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.

 (d) 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.

 (e) 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.

 (f) 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.

 (g) 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.




Sec. 16.10.460. Inspection of hatchery.
 (a) 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.

 (b) The cost of an inspection performed by the department under AS 16.10.400 — 16.10.470 shall be borne by the department.




Sec. 16.10.470. Annual report.
 (a) 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.

 (b) 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.




Sec. 16.10.475. Definitions. [Repealed, § 32 ch 14 SLA 1987.]
Sec. 16.10.480. Contracts for the operation of state hatcheries.
 (a) 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.

 (b) 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.

 (c) 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.

 (d) 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.

 (e) 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.

 (f) 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.




Article 10. Fisheries Enhancement Loan Program.


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.


Sec. 16.10.505. Fisheries enhancement revolving loan fund.
 (a) 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.

 (b) Money in the fund may be used by the legislature to make appropriations for costs of administering AS 16.10.500 — 16.10.560.

 (c) 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.




Sec. 16.10.507. Foreclosure expense account.
 (a) 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.

 (b) 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.




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.




Sec. 16.10.520. Limitation on loans.
 (a) 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.

 (b) 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.

 (c) 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.

 (d) 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.

 (e) The total amount of loans made or purchased in any fiscal year may not exceed the amount specifically authorized by statute.

 (f) 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.




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.


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.
 (a) 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.

 (b) 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.

 (c) [Repealed, § 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.


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.




Article 11. Chitina Dip Net Fishery.


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.




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.]

Article 12. High Seas Interception of Salmon.


Sec. 16.10.750. Findings and purpose.
 (a) 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.

 (b) 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.




Sec. 16.10.760. Trafficking in intercepted salmon.
 (a) 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.

 (b) Trafficking in intercepted salmon is a class C felony.




Sec. 16.10.770. Falsification related to high seas interception of salmon.
 (a) 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.

 (b) 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.

 (c) Falsification related to high seas interception of salmon is a class C felony.




Sec. 16.10.780. Assisting a vessel in high seas interception of salmon.
 (a) 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.

 (b) 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.

 (c) 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
          (A) has an ownership interest in the vessel;

          (B) has authority to control or direct the vessel’s activities; or

          (C) physically operates a vessel or its equipment.

 (d) Assisting a vessel in high seas interception of salmon is a class A misdemeanor.




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.




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,
          (A) throughout the migratory range of each species, by a vessel not registered under the laws of this state; or

          (B) 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.




Article 13. Commercial Charter Fisheries Revolving Loan Fund.


Sec. 16.10.801. Commercial charter fisheries revolving loan fund.
 (a) 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.

 (b) 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.

 (c) Money in the fund may be used by the legislature to make appropriations for costs of administering AS 16.10.801 — 16.10.840.




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
          (A) for the purchase of charter halibut permits;

          (B) 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
          (A) the applicant meets the requirements established under this section; and

          (B) 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.




Sec. 16.10.810. Eligibility.
 (a) 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.

 (b) 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.

 (c) 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
          (A) declared or established residency in another state; or

          (B) received residency or a benefit based on residency from another state.




Sec. 16.10.815. Limitations on loans.
 (a) 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.

 (b) The total balances outstanding on loans made to a borrower under AS 16.10.805 may not exceed $200,000.




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.


Sec. 16.10.825. Special account established.
 (a) The foreclosure expense account is established as a special account within the commercial charter fisheries revolving loan fund.

 (b) 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.




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.


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.


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.




Article 14. Mariculture Revolving Loan Fund.


Sec. 16.10.900. Mariculture revolving loan fund.
 (a) The mariculture revolving loan fund is created within the Department of Commerce, Community, and Economic Development to carry out the purposes of AS 16.10.900 — 16.10.945.

 (b) 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 16.10.900 — 16.10.945.

 (c) Money in the fund may be used by the legislature to make appropriations for costs of administering AS 16.10.900 — 16.10.945.




Sec. 16.10.905. Powers and duties of the department.
The department may
     (1) make loans to eligible applicants under AS 16.10.900 — 16.10.945 for the planning, construction, and operation of a mariculture business;

     (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
          (A) the applicant meets the requirements established under this section; and

          (B) approval of the assumption would be consistent with the purposes of AS 16.10.900 — 16.10.945;

     (5) establish the rate of interest for loans consistent with law;

     (6) charge and collect fees for services provided under AS 16.10.900 — 16.10.945;

     (7) adopt regulations under AS 44.62 necessary to carry out the provisions of AS 16.10.900 — 16.10.945, including regulations to establish reasonable fees for services provided; and

     (8) designate agents and delegate powers as necessary to the agents.




Sec. 16.10.910. Eligibility.
 (a) For an applicant to be eligible for a loan under AS 16.10.900 — 16.10.945, the applicant shall
     (1) be a resident of the state, as determined under (c) of this section;

     (2) have a permitted mariculture farm location in this state; and

     (3) have experience or training in the mariculture industry.

 (b) 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.

 (c) 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
          (A) declared or established residency in another state; or

          (B) received residency or a benefit based on residency from another state.




Sec. 16.10.915. Limitations on loans.
 (a) Except as provided in (b) and (c) of this section, a loan under AS 16.10.900 — 16.10.945
     (1) may not exceed $100,000 a year;

     (2) may not exceed a term of 20 years, except for extensions under AS 16.10.905;

     (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.

 (b) Subsequent loans may be made to the borrower under AS 16.10.910 if the total of the balances outstanding on the loans received by the borrower does not exceed $300,000.

 (c) 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.

 (d) For a loan made under AS 16.10.900 — 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.




Sec. 16.10.920. Repayment of principal of and interest on loans.
The department may not require the repayment of principal and interest on a loan made under AS 16.10.910 during the first six years of the loan. 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. 16.10.925. 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.


Sec. 16.10.930. Special account established.
 (a) The foreclosure expense account is established as a special account in the mariculture revolving loan fund.

 (b) 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.




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 16.10.900 — 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.


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.


Sec. 16.10.945. Definitions.
In AS 16.10.900 — 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) “mariculture” means the farming of shellfish and aquatic plants as defined in AS 16.40.199.




Chapter 15. Fisheries Experimental Laboratory.

[Repealed, § 29 ch 132 SLA 1984.]

Article 1. State Game Refuges.


Chapter 20. Protection of Fish and Game; Refuges, Sanctuaries, Range Areas, and Habitat Areas.

Sec. 16.20.010. Legislative recognition; prohibition against ceding state authority.
 (a) 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
          (A) those areas that were set apart as National Bird and Wildlife Refuges while the state was a United States territory; and

          (B) 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.

 (b) [Renumbered as AS 16.05.935(a)].
 (c) [Renumbered as AS 16.05.935(b)].




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.


Sec. 16.20.030. National wildlife refuges designated as state game refuges; Goose Bay State Game Refuge.
 (a) 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:
          (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);

     (15) Cape Newenham National Wildlife Range, including tide and submerged land in Chagvan Bay described as follows:
          (A) Township 16 South, Range 75 West, Seward Meridian
Section 1
Sections 11 — 15
Sections 22 — 27
Sections 34 — 36

          (B) Township 16 South, Range 74 West, Seward Meridian
Sections 7 — 9
Sections 17 — 19
Section 30;

     (16) Clarence Rhodes National Wildlife Range;

     (17) Arctic National Wildlife Range.

 (b) [Repealed, § 3, ch 8 SLA 1988.]
 (c) 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
Sections 17 — 20, 29, 30: All;

     (2) Township 15 North, Range 4 West, Seward Meridian
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.

 (d) 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.

 (e) 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.




Sec. 16.20.031. Anchorage Coastal Wildlife Refuge.
 (a) 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
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;

     (2) Township 13 North, Range 5 West, Seward Meridian
Section 36: S1/2, S1/2N1/2;

     (3) Township 12 North, Range 4 West, Seward Meridian
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;

     (4) Township 12 North, Range 5 West, Seward Meridian
Sections 1 — 2
Sections 11 — 14
Sections 23 — 26
Sections 35 — 36;

     (5) Township 12 North, Range 3 West, Seward Meridian
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;

     (6) Township 11 North, Range 3 West, Seward Meridian
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;

     (7) Township 11 North, Range 4 West, Seward Meridian
Sections 1 — 4
Sections 10 — 12.

 (b) 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.

 (c) 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.

 (d) 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.

 (e) 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.

 (f) The land and water areas of the Anchorage Coastal Wildlife Refuge are closed to mineral entry under AS 38.05.185 — 38.05.275.




Sec. 16.20.032. Palmer Hay Flats State Game Refuge.
 (a) 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
Sections 1 — 12
Section 13: N 1/2
Sections 14 — 18;

     (2) Township 17 North, Range 1 West, Seward Meridian
Section 25
Section 26: S 1/2, S 1/2 N 1/2, N 1/2 NE 1/4, NE 1/4 NW 1/4
Section 27: S 1/2, SE 1/4 NE 1/4
Section 31: Lot 4, SE 1/4, E 1/2 SW 1/4, SE 1/4 NE 1/4, S 1/2 SW 1/4 NE 1/4
Section 32: S 1/2, S 1/2 NE 1/4, NE 1/4 NE 1/4, SE 1/4 NW 1/4
Sections 33 — 36;

     (3) Township 17 North, Range 1 East, Seward Meridian
Section 19: Lots 3 and 4, E 1/2 SW 1/4, S 1/2 SE 1/4
Section 21: N 1/2 SE 1/4, S 1/2 S 1/2
Section 22:

excluding NW 1/4 NW 1/4

excluding N 1/2 NE 1/4 NW 1/4

excluding NE 1/4 NE 1/4 NE 1/4

excluding all portions of U.S. Survey No. 9024
Section 25: Lots 1 — 6, NW 1/4, N 1/2 NE 1/4, N 1/2 SW 1/4, SW 1/4 SW 1/4
Section 26: SE 1/4 NE 1/4, S 1/2, excluding all portions of U.S. Survey No. 9024
Section 27: Lot 1, N 1/2, N 1/2 S 1/2, SE 1/4 SW 1/4, S 1/2 SE 1/4
Section 28: Lots 1 — 2, N 1/2, SW 1/4, N 1/2 SE 1/4, SW 1/4 SE 1/4
Section 29: N 1/2, N 1/2 SW 1/4, SE 1/4
Section 30: Lots 1 — 4, E 1/2, E 1/2 W 1/2
Section 31: Lots 1 — 10, NE 1/4 NW 1/4, SW 1/4 NE 1/4, N 1/2 NE 1/4
Section 32: Lots 3 — 7, NE 1/4, SW 1/4 SW 1/4, NE 1/4 SE 1/4
Section 33: Lots 5 — 9, S 1/2 SE 1/4, SW 1/4 NW 1/4, including all state tide and submerged land
Section 34: Lots 1 — 3, E 1/2 NW 1/4, SW 1/4, E 1/2, excluding all portions of U.S. Survey No. 9024
Section 35: Lots 1 — 5, NW 1/4, N 1/2 SW 1/4, SW 1/4 SW 1/4, N 1/2 NE 1/4, SW 1/4 NE 1/4, NW 1/4 SE 1/4, excluding all portions of U.S. Survey No. 9024
Section 36: Lots 1 — 10, SE 1/4 SW 1/4, S 1/2 SE 1/4, NE 1/4 SE 1/4;

     (4) Township 17 North, Range 1 East, Seward Meridian
Sections 19 — 21: Tracts B and D, according to Plat No. 2012-110, Palmer Recording District;

     (5) Township 17 North, Range 1 East, Seward MeridianU.S. Survey No. 1169: Lots 1 and 2, Block 31, within Section 26;

     (6) Township 16 North, Range 1 East, Seward Meridian
Sections 4 — 9
Section 17: N 1/2
Section 18: N 1/2

     (7) Township 16 North, Range 1 East, Seward Meridian
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;

     (8) Township 16 North, Range 2 West, Seward Meridian
Section 1: All, excluding South Hayfield Road right-of-way
Section 2: Lot 5
Section 11: Lots 1 and 3 — 6, N 1/2 NE 1/4
Section 12: Lots 1 — 4, N 1/2 NW 1/4, NE 1/4 NE 1/4;

     (9) Township 17 North, Range 2 West, Seward Meridian
Section 36: That portion of the S 1/2 S 1/2 lying easterly of the South Hayfield Road right-of-way

 (b) 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.

 (c) 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.

 (d) 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.

 (e) 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

Township 17 North, Range 1 East, Seward Meridian
Section 22: SE 1/4 NW 1/4, W 1/2 NE 1/4, SE 1/4 NE 1/4, S 1/2 NE 1/4 NE 1/4, NW 1/4 NE 1/4 NE 1/4, NE 1/4 SW 1/4, W 1/2 SE 1/4

Sections 27 and 34: a corridor 300 feet on each side of the existing highway centerline.




Sec. 16.20.033. Yakataga State Game Refuge.
 (a) 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
Section 11: SE1/4
Section 12: S1/2
Section 13
Section 14: E1/2
Sections 22 — 27
Sections 34 — 36;

     (2) Township 20 South, Range 14 East, Copper River Meridian
Sections 7 — 12: S1/2
Sections 13 — 36;

     (3) Township 20 South, Range 15 East, Copper River Meridian
Sections 7 — 12: S1/2
Sections 13 — 36;

     (4) Township 20 South, Range 16 East, Copper River Meridian
Sections 7 — 9: S1/2
Sections 16 — 36;

     (5) Township 21 South, Range 11 East, Copper River MeridianExcluding 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;

     (6) Township 21 South, Range 111/2 East, Copper River Meridian
Sections 6 — 7
Section 18: Above mean high tide line on the Gulf of Alaska;

     (7) Township 21 South, Range 12 East, Copper River Meridian
Sections 13 — 14: S1/2
Sections 23 — 26
Sections 35 — 36: Above mean high tide line on the Gulf of Alaska;

     (8) Township 21 South, Range 13 East, Copper River Meridian
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;

     (9) Township 21 South, Range 14 East, Copper River Meridian
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;

     (10) Township 21 South, Range 15 East, Copper River Meridian
Sections 1 — 7
Sections 8 — 12: One mile north of mean high tide line on the Gulf of Alaska;

     (11) Township 21 South, Range 16 East, Copper River Meridian
Sections 1 — 6
Sections 7 — 12: One mile north of mean high tide line on the Gulf of Alaska.

 (b) 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.

 (c) 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.

 (d) 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.

 (e) 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.

 (f) 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.

 (g) 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.

 (h) The department shall adopt and may revise a management plan for the Yakataga State Game Refuge.




Sec. 16.20.034. Mendenhall Wetlands State Game Refuge.
 (a) 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.

 (b) 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.

 (c) 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.

 (d) 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.

 (e) 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.

 (f) 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.

 (g) 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.

 (h) 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.

 (i) 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.

 (j) 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.

 (k) 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.




Sec. 16.20.036. Susitna Flats State Game Refuge.
 (a) 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
Section: 6;

     (2) Township 13 North, Range 5 West, Seward Meridian
Sections: 1 — 10;

     (3) Township 13 North, Range 6 West, Seward Meridian
Sections: 1 — 18;

     (4) Township 13 North, Range 7 West, Seward Meridian
Sections: 1 — 18;

     (5) Township 13 North, Range 8 West, Seward Meridian
Sections: 1 — 24;

     (6) Township 13 North, Range 9 West, Seward Meridian
Sections: 1 — 36;

     (7) Township 13 North, Range 10 West, Seward Meridian
Sections: 13, 23 — 26, 36 (excluding uplands above the toe of the bluff);

     (8) Township 14 North, Range 4 West, Seward Meridian
Sections: Lots 1 — 6, SE 1/4 NW 1/4, W 1/2 NE 1/4 NW 1/4, SE 1/4 NE 1/4 NW 1/4, NE 1/4 SW 1/4, NW 1/4 SE 1/4, SE 1/4 SE 1/4, W 1/2 SW 1/4 NE 1/4, SE 1/4 SW 1/4 NE 1/4, S 1/2 NE 1/4 SW 1/4 NE 1/4 of Section 31;

     (9) Township 14 North, Range 5 West, Seward Meridian
Sections: W 1/2 1, 2 — 11, W 1/2 12, 13 — 36;

     (10) Township 14 North, Ranges 6 — 9 West, Seward Meridian
Sections: All;

     (11) Township 14 North, Range 10 West, Seward Meridian
Sections: 12 — 14, 22 — 27, 34 — 36;

     (12) Township 15 North, Range 5 West, Seward Meridian
Sections: 3 — 10, 15 — 22, SW 1/4 26, 27 — 35, SW 1/4 36;

     (13) Township 15 North, Range 6 West, Seward Meridian
Sections: All;

     (14) Township 15 North, Range 7 West, Seward Meridian
Sections: 1 — 4, E 1/2 5, 7 — 36;

     (15) Township 15 North, Range 8 West, Seward Meridian
Sections: 1, 2, 8 — 36;

     (16) Township 15 North, Range 9 West, Seward Meridian
Sections: 23 — 28, 32 — 36;

     (17) Township 16 North, Range 5 West, Seward Meridian
Sections: 19 — 22, 27 — 34;

     (18) Township 16 North, Range 6 West, Seward Meridian
Sections: 21 — 28, 31 — 36;

     (19) Township 16 North, Range 7 West, Seward Meridian
Sections: 22 — 27, 34 — 36.

 (b) 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.

 (c) 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.

 (d) 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.

 (e) 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.

 (f) 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.

 (g) 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.




Sec. 16.20.037. Minto Flats State Game Refuge.
 (a) 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
Sections 2 — 11
Sections 14 — 23
Sections 26 — 34;

     (2) Township 1 North, Range 7 West, Fairbanks Meridian
Sections 1 — 36;

     (3) Township 1 North, Range 8 West, Fairbanks Meridian
Sections 1 — 16
Sections 21 — 28: excluding ASLS 95-37
Section 35: E1/2
Section 36;

     (4) Township 1 North, Range 9 West, Fairbanks Meridian
Sections 1 — 12;

     (5) Township 1 North, Range 10 West, Fairbanks Meridian
Sections 1 — 12;

     (6) Township 1 North, Range 11 West, Fairbanks Meridian
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;

     (7) Township 2 North, Range 6 West, Fairbanks Meridian
Sections 1 — 36;

     (8) Township 2 North, Range 7 West, Fairbanks Meridian
Sections 1 — 36;

     (9) Township 2 North, Range 8 West, Fairbanks Meridian
Sections 1 — 36;

     (10) Township 2 North, Range 9 West, Fairbanks Meridian
Sections 1 — 36;

     (11) Township 2 North, Range 10 West, Fairbanks Meridian
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;

     (12) Township 2 North, Range 11 West, Fairbanks Meridian
Section 10: S1/2
Section 11: S1/2
Section 12: S1/2
Sections 13 — 15
Sections 22 — 27
Sections 34 — 36;

     (13) Township 3 North, Range 6 West, Fairbanks Meridian
Sections 13 — 36;

     (14) Township 3 North, Range 7 West, Fairbanks Meridian
Sections 6 — 8
Section 9: S1/2S1/2
Sections 13 — 36;

     (15) Township 3 North, Range 8 West, Fairbanks Meridian
Section 1
Sections 5 — 10
Sections 14 — 23
Sections 25 — 36;

     (16) Township 3 North, Range 9 West, Fairbanks Meridian
Section 24: S1/2
Section 25
Sections 33 — 36;

     (17) Township 3 North, Range 10 West, Fairbanks Meridian
Sections 34 — 35;

     (18) Township 4 North, Range 6 West, Fairbanks Meridian
Sections 2 — 9
Sections 16 — 21;

     (19) Township 4 North, Range 7 West, Fairbanks Meridian
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;

     (20) Township 4 North, Range 8 West, Fairbanks Meridian
Sections 10 — 15
Sections 22 — 27
Sections 30 — 31
Sections 35 — 36;

     (21) Township 5 North, Range 5 West, Fairbanks Meridian
Section 6: W1/2
Section 7: W1/2
Section 18: W1/2;

     (22) Township 5 North, Range 6 West, Fairbanks Meridian
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;

     (23) Township 5 North, Range 7 West, Fairbanks Meridian
Section 35: SE1/4
Section 36: S1/2;

     (24) Township 1 South, Range 6 West, Fairbanks Meridian
Sections 5 — 8
Sections 17 — 20
Sections 29 — 31;

     (25) Township 1 South, Range 7 West, Fairbanks Meridian
Sections 1 — 36;

     (26) Township 1 South, Range 8 West, Fairbanks Meridian
Sections 1 — 2
Sections 11 — 14
Sections 23 — 26
Sections 35 — 36;

     (27) Township 1 South, Range 9 West, Fairbanks Meridian
Sections 1 — 36;

     (28) Township 1 South, Range 10 West, Fairbanks Meridian
Sections 7 — 36;

     (29) Township 1 South, Range 11 West, Fairbanks Meridian
Sections 25 — 26
Sections 35 — 36;

     (30) Township 2 South, Range 6 West, Fairbanks Meridian
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;

     (31) Township 2 South, Range 7 West, Fairbanks Meridian
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;

     (32) Township 2 South, Range 8 West, Fairbanks Meridian
Section 1
Sections 12 — 13
Sections 24 — 25
Section 36;

     (33) Township 2 South, Range 9 West, Fairbanks Meridian
Sections 1 — 12
Section 17: W1/2NW1/4, NW1/4SW1/4
Section 18
Section 19: N1/2, N1/2S1/2;

     (34) Township 2 South, Range 10 West, Fairbanks Meridian
Sections 1 — 20
Section 21: NE1/4, W1/2
Section 22: NW1/4
Section 24: N1/2, N1/2S1/2
Sections 29 — 31;

     (35) Township 2 South, Range 11 West, Fairbanks Meridian
Sections 1 — 5
Sections 7 — 36;

     (36) Township 2 South, Range 12 West, Fairbanks Meridian
Sections 25 — 26
Sections 35 — 36;

     (37) Township 3 South, Range 7 West, Fairbanks Meridian
Section 5: N1/2NE1/4, W1/2
Sections 6 — 7
Section 18: NE1/4, W1/2, N1/2SE1/4, SW1/4SE1/4;

     (38) Township 3 South, Range 8 West, Fairbanks Meridian
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;

     (39) Township 3 South, Range 11 West, Fairbanks Meridian
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;

     (40) Township 3 South, Range 12 West, Fairbanks Meridian
Sections 1 — 2
Sections 11 — 14
Sections 23 — 26
Sections 35 — 36.

 (b) 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.

 (c) 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.

 (d) 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.

 (e) 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.

 (f) 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.

 (g) 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.

 (h) 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.




Sec. 16.20.038. Trading Bay State Game Refuge.
 (a) 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 Trading Bay State Game Refuge:
     (1) Township 9 North, Range 13 West, Seward Meridian
Sections 6 — 7;

     (2) Township 9 North, Range 14 West, Seward Meridian
Sections 1 — 4, E 1/2 5, 8 — 12, W 1/2 13, 14 — 17, E 1/2 19, 20 — 22, W 1/2 23, W 1/2 27, 28 — 30;

     (3) Township 9 North, Range 15 West, Seward Meridian
Sections W 1/2 1, 2 — 4, 9 — 11, W 1/2 12 and 13, 14 — 16, 19 — 23, W 1/2 24, 26 — 28, 31 — 35;

     (4) Township 10 North, Range 13 West, Seward Meridian
Sections 1 — 12, 14 — 22, 28 — 32;

     (5) Township 10 North, Range 14 West, Seward Meridian
Sections 1 — 18, E 1/2 19, 20 — 29, 32 — 36;

     (6) Township 10 North, Range 15 West, Seward Meridian
Sections 1 — 12, 14 — 23, 26 — 35;

     (7) Township 11 North, Range 13 West, Seward Meridian
Sections SW 1/4 3, 4 — 10, SW 1/4 11, W 1/2SW 1/4 13, 14 — 23, W 1/2, SE 1/4, W 1/2 NE 1/4, SE 1/4 NE 1/4 24, 25 — 36;

     (8) Township 11 North, Range 14 — 15 West, Seward Meridian
Sections 1 — 36;

     (9) Township 12 North, Range 13 West, Seward Meridian
Sections 19, 29 — 33;

     (10) Township 12 North, Range 14 West, Seward Meridian
Sections 23 — 26, 31 — 33, 36.

 (b) The Trading Bay 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.

 (c) Entry upon the Trading Bay 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.

 (d) Land selected by a borough within the area described in (a) of this section shall be included in the Trading Bay State Game Refuge, subject to borough approval. If the borough relinquishes the selection of the land, the selected land becomes part of the Trading Bay State Game Refuge.

 (e) 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 Trading Bay 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 Trading Bay State Game Refuge, only to the extent that these regulations are imperative to insure compatibility with the intended use of the refuge.

 (f) 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.

 (g) 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.

 (h) Land within existing and applied for highway, pipeline, and railway rights-of-way, as of September 22, 1976, are excluded from the land described in (a) of this section; however, when these interests revert to the state, the land shall be included within the Trading Bay State Game Refuge.

 (i) The Department of Natural Resources shall adopt regulations governing the issuance of permits for seasonal cabins or shelters within the refuge. The department shall issue a permit to owners of cabins or shelters existing on June 24, 1976. Use permits shall be for a period not to exceed five years and shall be renewable.

 (j) Any land conveyed to Cook Inlet Region, Inc. by the state under the terms of the Cook Inlet land exchange is excluded from the refuge.




Sec. 16.20.039. Creamer’s Field Migratory Waterfowl Refuge.
 (a) The following state-owned land and water is established as the Creamer’s Field Migratory Waterfowl Refuge:
     (1) commencing at the Section Corner on the Fairbanks Base Line common to Sections 33 and 34, Township 1 North, Range 1 West, Fairbanks Meridian, Point of Beginning, thence East along the Fairbanks Base Line 4703.30 feet, thence South 0 degrees 00 minutes 16 seconds West 235.67 feet to the south bank of a tributary of Isabella Creek, thence along the south bank of the tributary to Isabella Creek North 70 degrees 59 minutes 51 seconds West 525.44 feet, continuing North 88 degrees 22 minutes 22 seconds West 85.48 feet to the confluence with the south bank of Isabella Creek, thence along the south bank of Isabella Creek South 85 degrees 27 minutes 47 seconds West 209.43 feet, continuing South 68 degrees 10 minutes 59 seconds West 220.04 feet, continuing South 65 degrees 19 minutes 35 seconds West 434.66 feet to the northwestern boundary to Tract No. 5 of instrument number 60-4556 (Plat, recorded June 21, 1960) in the Fairbanks Recorder’s Office, thence South 53 degrees 52 minutes 05 seconds West 1228.34 feet along the westerly boundary of the Subdivision of Tract No. 5 from the Charles Creamer Property, thence South 35 degrees 00 minutes 05 seconds West 300.08 feet to the northerly boundary of Lemeta Subdivision, thence along the north boundary of the Lemeta Subdivision North 89 degrees 52 minutes 58 seconds West 646.40 feet to the northern College Road right-of-way, thence along the north edge of the College Road right-of-way North 71 degrees 53 minutes 31 seconds West 688.05 feet, thence North 18 degrees 21 minutes 30 seconds East 12 feet, continuing on a 2 degree 17 minute 26 second curve to the right 415.49 feet, continuing North 62 degrees 07 minutes 30 seconds West 275.16 feet, thence North 27 degrees 52 minutes 30 seconds East 10.00 feet, continuing on a 2 degree 26 minute 29 second curve to the left 473.08 feet, thence leaving the College Road right-of-way North 0 degrees 03 minutes East 611.23 feet to the Fairbanks Base Line, thence North 89 degrees 56 minutes 34 seconds East along the Fairbanks Base Line 200.03 feet to the Section Corner common to Sections 33 and 34 on the Fairbanks Base Line and the Point of Beginning, containing 83.7 acres, more or less;

     (2) the W1/2SW1/4 and the SE1/4SW1/4 of Section 27; the S1/2 of Section 28; the portions of the S1/2SE1/4 lying southerly of the Farmers Loop Road right-of-way and the SE1/4SE1/4NE1/4SE1/4 of Section 29; all of Section 34; and the W1/2 and the W1/2E1/2 of Section 35, all in Township 1 North, Range 1 West, Fairbanks Meridian;

     (3) Tract B-2 and Tract C of Alaska State Land Survey No. 83-62 in Section 33, Township 1 North, Range 1 West, Fairbanks Meridian, according to Plat No. 83-272 as filed in the Fairbanks Recording District on December 20, 1983, and as modified by the public utility easement vacation plat filed in the Fairbanks Recording District on February 22, 1985, as Plat No. 85-27;

     (4) the SW1/4SW1/4 of Section 26 in Township 1 North, Range 1 West, Fairbanks Meridian (also known as a portion of Tax Lot 2600);

     (5) the SE1/4 of Section 27 in Township 1 North, Range 1 West, Fairbanks Meridian excepting therefrom:
          (A) all that portion lying within Air Park Subdivision according to the plat filed November 20, 1978, as Plat No. 78-206 Fairbanks Recording District; Replat Lot 7 Block 1 Air Park Subdivision and Air Park Subdivision First Addition according to the plat filed April 2, 1979, as Plat No. 79-56 Fairbanks Recording District; Air Park Second Addition, according to the plat filed November 26, 1979, as Plat No. 79-264 and amended plat filed May 15, 1980, as Plat No. 80-86 Fairbanks Recording District; Air Park Subdivision Third Addition according to the plat filed June 14, 1993, as Plat No. 93-160 Fairbanks Recording District; and

          (B) the West 240 feet as conveyed to Sherman Field Airstrip Owner’s Association, Inc., by Bargain and Sale Deed recorded January 19, 1989, in Book 606, Page 586, Fairbanks Recording District;

     (6) the portions of the E1/2SW1/4SE1/4NW1/4, W1/2SE1/4SE1/4NW1/4, E1/2NW1/4SE1/4NW1/4, and W1/2NE1/4SE1/4NW1/4 lying southerly of Farmers Loop Road right-of-way, according to the Department of Transportation and Public Facilities Project RS-0644(13)/60384, as Plat No. 2008-89, Fairbanks Recording District, all lying within Section 28 in Township 1 North, Range 1 West, Fairbanks Meridian;

     (7) the E1/2SW1/4 and the NW1/4SW1/4 within Section 26 in Township 1 North, Range 1 West, Fairbanks Meridian.

 (b) The land and water described in (a)(1) of this section is subject to an easement for water and sewer lines given to the City of Fairbanks, along a portion of the southern boundary of the tract, more particularly described as follows: commencing at the Section Corner on the Fairbanks Base Line common to Sections 33 and 34, T1N R1W Fairbanks Meridian, thence N89° 55´ W 200.01´, thence S0° 03´ W 611.23´, thence easterly on a 2° 26´ 29´´curve to the right a distance of approximately 201´ to the intersection with the section line common to Sections 3 and 4 T1S R1W Fairbanks Meridian, and the start of the easement, the easement being 20´ wide entirely to the left of the line being now described: continue easterly on a 2° 26´ 29´´ curve to the right 272´, thence S27° 52´ 30´´W 10´, thence S62° 07´ 30´´E 275.16´, thence on a 2° 17´ 26´´ curve to the left 402.96´, thence N11° 01´ E 75.62´, thence S71° 38´ 30´´E 965.11´, thence S89° 52´ 58´´E approximately 378.00´ to the end of the easement, being a point of the boundary of the land and water described in (a)(1) of this section.

 (c) The Creamer’s Field Migratory Waterfowl Refuge is established to provide the following:
     (1) protection and enhancement of habitat for migratory birds with special emphasis on waterfowl;

     (2) opportunity to view, photograph, and study various species of plants, wildlife and geological features typical to interior Alaska.

 (d) The department shall develop a management plan for the land described in (a) of this section to promote the purposes described in (c) of this section. Recreational and agricultural activity is expressly permitted within the land described in (a) of this section if consistent with the management plan adopted by the department.




Sec. 16.20.040. [Renumbered as AS 16.20.075.]
Sec. 16.20.041. McNeil River State Game Refuge.
 (a) The following state-owned land and water, including the tideland but exclusive of marine water and submerged land, lying within the parcels described in this subsection is established as the McNeil River State Game Refuge:
Township 10 South, Range 29 West, Seward Meridian
Section 19: S1/2

Section 20: SW1/4

Section 29: W1/2

Sections 30 — 31

Township 10 South, Range 30 West, Seward Meridian
Section 3: SW1/4

Section 4: SE1/4

Sections 10 — 11

Sections 14 — 16

Section 17: E1/2

Sections 20 — 23

Sections 25 — 29

Section 30: SE1/4

Section 31: NE1/4, S1/2

Sections 32 — 36

Township 11 South, Range 29 West, Seward Meridian
Sections 1 — 35

Section 36, except Nordyke Island and its tideland

Township 11 South, Range 30 West, Seward Meridian
Sections 1 — 36

Township 11 South, Range 31 West, Seward Meridian
Sections 1 — 36

Township 11 South, Range 32 West, Seward Meridian
Sections 1 — 36, except land within Katmai National Park and Preserve

Township 12 South, Range 31 West, Seward Meridian
Sections 1 — 36

Township 12 South, Range 32 West, Seward Meridian
Sections 1 — 36, except land within Katmai National Park and Preserve

Township 13 South, Range 33 West, Seward Meridian
Section 1, except land within Katmai National Park and Preserve.

 (b) The McNeil River State Game Refuge is established to
     (1) provide permanent protection for brown bear and other fish and wildlife populations and their habitats, so that these resources may be preserved for scientific, aesthetic, and educational purposes;

     (2) manage human use and activities in a way that is compatible with (1) of this subsection and to maintain and enhance the unique bear viewing opportunities in the McNeil River State Game Sanctuary established under AS 16.20.160;

     (3) provide opportunities that are compatible with (1) of this subsection for wildlife viewing, fisheries enhancement, fishing, hunting, and trapping, for temporary safe anchorage, and for other activities.

 (c) The Board of Game shall determine whether hunting of brown bears within the McNeil River State Game Refuge should be prohibited.

 (d) The use and enjoyment of valid rights and interests in mineral claims, including the right of access, within the McNeil River State Game Refuge is protected. This subsection does not affect the power of the commissioner of natural resources to open or close land within the McNeil River State Game Refuge to new mineral entry under AS 38.05.185 — 38.05.275.

 (e) The department and the Department of Natural Resources
     (1) may not enter into sales of land within the McNeil River State Game Refuge;

     (2) may enter into leases within the McNeil River State Game Refuge if the commissioner finds that activity conducted under the lease is compatible with the purposes for which the refuge is established;

     (3) may not accept transfer of state selected land from the federal government, or conveyance of other land, within the refuge if the land is subject to
          (A) a lease, easement, or other right to operate or maintain a private facility on the land or to conduct a private enterprise on the land; or

          (B) a continuing trespass by an unauthorized private facility or private enterprise.

 (f) The commissioner shall prepare a report and notify the legislature of its availability by January 30 of each year on
     (1) the status of the brown bears and other fish and wildlife resources within the McNeil River State Game Refuge; and

     (2) the effect of hunting, fishing, and trapping, fishery enhancement activity, and mineral resource development on these resources.




Sec. 16.20.050. Multiple land use.
Where the use, lease, or disposal of real property in state game refuges created by AS 16.20.010 — 16.20.080 is under the control or jurisdiction of the state, whether through federal permit or state ownership, the responsible state department or agency shall notify the commissioner of fish and game before initiating any use, lease, or disposal of real property. The commissioner shall acknowledge receipt of notice by return mail.


Sec. 16.20.060. Submission of plans and specifications.
If the commissioner so determines, the commissioner shall, in the letter of acknowledgment required under AS 16.20.050, require the person or governmental agency to submit full plans for the anticipated use, full plans and specifications of proposed construction work, complete plans and specifications for the proper protection of fish and game, and the approximate date when the construction or work is to commence, and shall require the person or governmental agency to obtain the written approval of the commissioner as to the sufficiency of the plans or specifications before construction is commenced. The commissioner shall abide by the principle that recognizes preferences among beneficial uses as more particularly set forth in art. VIII of the state constitution.


Sec. 16.20.070. Relationship to other laws.
AS 16.20.050 and 16.20.060 do not affect AS 16.05.871 — 16.05.891.


Sec. 16.20.075. Regulations.
The board shall, under AS 16.05, adopt regulations governing the taking of game on state game refuges it considers advisable for conservation and protection purposes.


Sec. 16.20.080. Definitions.
In AS 16.20.010 — 16.20.080,
     (1) “board” means the Board of Game;

     (2) “game” means any species of bird and mammal, including a feral mammal, but excluding domestic birds and mammals.




Article 2. State Game Sanctuaries.


Sec. 16.20.090. Legislative findings; purpose of AS 16.20.090 — 16.20.098.
 (a) The legislature recognizes that
     (1) the Walrus Islands are the sole remaining place in the state where walruses annually haul out on land and all similar “hauling grounds” in the state which were formerly utilized have been abandoned by walruses due to excessive molestation and slaughter;

     (2) the Walrus Islands are uninhabited, and the walruses frequenting them are not required by the state for subsistence utilization;

     (3) the Walrus Islands have great importance as a retreat for the Pacific walrus from the standpoints of conservation, scientific value, and tourist interest;

     (4) the Department of Natural Resources has taken appropriate action to achieve transfer of title in the Walrus Islands to the state.

 (b) The purpose of AS 16.20.090 — 16.20.098 is to protect the walruses and other game on the Walrus Islands.




Sec. 16.20.092. Walrus Islands State Game Sanctuary established.
The following land areas in Bristol Bay and adjacent state waters are established as a state game sanctuary to be known as the Walrus Islands State Game Sanctuary:
     (1) Round Island;

     (2) Crooked Island;

     (3) High Island;

     (4) Summit Island;

     (5) The Twins;

     (6) Black Rock.




Sec. 16.20.094. Authority to administer.
The boards may adopt regulations governing entry, development, construction, hunting, fishing, and all other uses or activities not in conflict with AS 16.20.096 and 16.20.098 for the purpose of preserving the natural habitat and the fish and game of the Walrus Islands State Game Sanctuary.


Sec. 16.20.096. Multiple use.
Oil and mineral exploration and development is permitted on the Walrus Islands State Game Sanctuary in accordance with state or federal laws and regulations, subject to the limitations of AS 16.20.098 and to additional limitations jointly determined by the commissioner of natural resources and the commissioner of fish and game to assure compatible multiple land use practices.


Sec. 16.20.098. Sale prohibited; authorized leasing.
Land in the Walrus Islands State Game Sanctuary may not be sold. It may be leased only as mineral land as authorized in regulations of the Department of Natural Resources.


Sec. 16.20.100. [Renumbered as AS 16.20.090(b).]
Secs. 16.20.110 — 16.20.140. [Renumbered as AS 16.20.092 — 16.20.098.]
Sec. 16.20.150. Stan Price State Wildlife Sanctuary.
 (a) The state-owned tide and submerged land and water within the following described parcels is established as a state wildlife sanctuary to be known as the Stan Price State Wildlife Sanctuary:Township 46 South, Range 69 East, Copper River Meridian
Section 5: W1/2, W1/2E1/2

Section 6: SE1/4SE1/4

Section 7: NE1/4NE1/4

Section 8: NW1/4, W1/2NE1/4, N1/2SW1/4.

 (b) The Stan Price State Wildlife Sanctuary is established to provide permanent protection for brown bears, other fish and wildlife populations, and their habitats in the area so that these resources may be preserved for scientific, aesthetic, and educational purposes.

 (c) A board may adopt regulations governing access, entry, development, construction, and each other use and activity affecting the natural habitat and the fish and wildlife within the Stan Price State Wildlife Sanctuary.

 (d) Consistent with (b) of this section, the commissioner shall manage the Stan Price State Wildlife Sanctuary compatibly with the United States Forest Service’s management of the adjacent upland. The commissioner may enter into a cooperative management agreement with a federal agency, a municipality, another state agency, or a private landowner to achieve the purposes of this section.




Sec. 16.20.160. McNeil River State Game Sanctuary.
The following state-owned land and water, including the tidelands but exclusive of marine water and submerged land, lying within the parcels described in this subsection is established as the McNeil River State Game sanctuary:

Township 12 South, Range 29 West, Seward Meridian
Sections 1 - 36

Township 12 South, Range 30 West, Seward Meridian
Sections 1 - 36

Township 13 South, Range 29 West, Seward Meridian
Sections 5 - 8

Sections 17 - 20

Sections 29 - 32

Township 13 South, Range 30 West, Seward Meridian
Sections 1 - 36

Township 13 South, Range 31 West, Seward Meridian
Sections 1 - 36

Township 13 South, Range 32 West, Seward Meridian
Sections 1 - 36

Township 14 South, Range 32 West, Seward Meridian
Sections 1 - 12

Sections 15 - 22

Sections 27 - 30.




Sec. 16.20.162. Purpose; regulations.
 (a) The McNeil River State Game Sanctuary is established to
     (1) provide permanent protection for brown bear and other fish and wildlife populations and their habitats, so that these resources may be preserved for scientific, aesthetic, and educational purposes;

     (2) manage human use and activities in a way that is compatible with (1) of this subsection and to maintain and enhance the unique bear viewing opportunities within the sanctuary; and

     (3) provide opportunities that are compatible with (1) of this subsection for wildlife viewing, fisheries enhancement, and fishing, for temporary safe anchorage, and for other activities.

 (b) Hunting and trapping within the McNeil River State Game Sanctuary are prohibited.

 (c) The department and the Department of Natural Resources
     (1) may not enter into sales of land within the McNeil River State Game Sanctuary;

     (2) may enter into leases within the McNeil River State Game Sanctuary if the commissioner finds that activity conducted under the lease is compatible with the purposes for which the sanctuary is established;

     (3) may not accept transfer of state selected land from the federal government, or conveyance of other land, within the sanctuary if the land is subject to
          (A) a lease, easement, or other right to operate or maintain a private facility on the land or to conduct a private enterprise on the land; or

          (B) a continuing trespass by an unauthorized private facility or private enterprise.

 (d) The McNeil River State Game Sanctuary is closed to mineral entry under AS 38.05.185 — 38.05.275.

 (e) The boards may adopt regulations governing access, entry, development, construction, fishing, and other uses and activities affecting the natural habitat, fish and wildlife, and public use of the McNeil River State Game Sanctuary.

 (f) The commissioner shall prepare a report and notify the legislature of its availability by January 30 of each year on
     (1) the status of the brown bears and other fish and wildlife resources within the McNeil River State Game Sanctuary; and

     (2) the effects of fishing and fishery enhancement activity on these resources.




Sec. 16.20.170. [Renumbered as AS 16.20.162.]

Article 3. Endangered Species.


Sec. 16.20.180. Declaration of purpose.
The legislature recognizes that, due to growth and development, certain species or subspecies of fish and wildlife are now and may in the future be threatened with extinction. The purpose of AS 16.20.180 — 16.20.210 is to establish a program for their continued conservation, protection, restoration, and propagation.


Sec. 16.20.185. Protection of habitat.
On land under their respective jurisdictions, the commissioner of fish and game and the commissioner of natural resources shall take measures to preserve the natural habitat of species or subspecies of fish and wildlife that are recognized as threatened with extinction.


Sec. 16.20.190. Determining endangered species.
 (a) A species or subspecies of fish or wildlife is considered endangered when the commissioner of fish and game determines that its numbers have decreased to such an extent as to indicate that its continued existence is threatened. In making this determination the commissioner of fish and game shall consider
     (1) the destruction, drastic modification, or severe curtailment of its habitat;

     (2) its overutilization for commercial or sporting purposes;

     (3) the effect on it of disease or predation;

     (4) other natural or man-made factors affecting its continued existence.

 (b) After making a determination under (a) of this section, the commissioner of fish and game shall, in accordance with AS 44.62 (Administrative Procedure Act), publish a list of the species or subspecies of fish and wildlife that are endangered. The commissioner shall, at least once every two years thereafter, conduct a thorough review of the list to determine what changes have occurred concerning the species or subspecies listed. Consideration of existing species or subspecies of fish and wildlife for listing under this section shall be made on a continuing basis. The review of listed species or subspecies conducted under this section shall be submitted in writing to the governor and the legislature and shall be made available to the public.

 (c) In making the determination and review under (a) and (b) of this section, the commissioner of fish and game shall seek the advice and recommendation of interested persons and organizations, including but not limited to ornithologists, ichthyologists, ecologists, and zoologists.




Sec. 16.20.195. Permit for taking endangered species.
A species or subspecies of fish or wildlife listed as endangered under AS 16.20.190(b) may not be harvested, captured, or propagated except under the terms of a special permit issued by the commissioner of fish and game for scientific or educational purposes, or for propagation in captivity for the purpose of preservation.


Sec. 16.20.200. Penalty.
A person who, without a permit issued under AS 16.20.195, harvests, injures, imports, exports, or captures a species or subspecies of fish or wildlife listed under AS 16.20.190, is guilty of a misdemeanor.


Sec. 16.20.210. Birds included.
In AS 16.20.180 — 16.20.210, “fish or wildlife” includes birds.


Sec. 16.20.220. [Renumbered as AS 16.20.500.]
Sec. 16.20.230. [Renumbered (a)(1) as AS 16.20.550, (a)(2) as AS 16.20.555, (a)(3) as AS 16.20.560, (a)(4) as AS 16.20.565, (a)(5) as AS 16.20.570, (a)(6) as AS 16.20.575, (a)(7) as AS 16.20.580, (a)(8) as AS 16.20.585, (a)(9) as AS 16.20.590, (a)(10) as AS 16.20.595, (a)(11) as AS 16.20.600, (a)(12), (b), (c), and (d) as AS 16.20.605.]
Secs. 16.20.240 — 16.20.260. [Renumbered as AS 16.20.510 — 16.20.530.]
Sec. 16.20.270. [Renumbered as AS 16.20.690.]

Article 4. State Range Areas.


Sec. 16.20.300. Delta Junction Bison Range Area.
The following described areas, excluding valid existing rights, are established as the Delta Junction Bison Range Area:
     (1) Township 11 South, Range 12 East, Fairbanks Meridian
Section 28: S 1/2 SW 1/4, SW 1/4 SE 1/4 and that portion of the NW 1/4 SW 1/4 east of the west bank of Granite Creek excluding A.S.L.S. 78-93, Tract A, Unit 1
Sections 29, 32: that land east of the west bank of Granite Creek
Section 33: all, excluding A.S.L.S. 78-93, Tract A, Unit 1
Section 34: S 1/2 NW 1/4, excluding A.S.L.S. 78-93, Tract A, Unit 1, S 1/2
Section 35: S 1/2, S 1/2 NW 1/4, that portion of the NE 1/4 lying south of the Alaska Highway excluding a corridor extending 1320 feet from the centerline of the highway
Section 36: that portion lying south of the Alaska Highway excluding a corridor extending 1320 feet from the centerline of the highway;

     (2) Township 12 South, Range 11 East, Fairbanks Meridian
Sections 13, 24-26, 35, 36: all
Sections 1, 11, 12, 14, 22, 23, 27, 34: that land east of the west bank of Granite Creek;

     (3) Township 12 South, Range 12 East, Fairbanks Meridian
Sections 1-4, 7-25, 30, 36: all
Sections 5, 6: that land east of the west bank of Granite Creek;

     (4) Township 12 South, Range 13 East, Fairbanks Meridian
Sections 5, 6, 9: that portion lying south of the Alaska Highway excluding a corridor extending 1320 feet from the centerline of the highway
Section 7: all
Section 8: all, excluding a corridor extending 1320 feet from the centerline of the Alaska Highway
Section 10: that portion of the SW 1/4 lying south of the Alaska Highway excluding a corridor extending 1320 feet from the centerline of the highway
Section 14: S 1/2 S 1/2 SW 1/4
Section 15: S 1/2, NW 1/4, excluding a corridor extending 1320 feet from the centerline of the Alaska Highway
Sections 16-22: all
Section 23: S 1/2, NW 1/4, S 1/2 NE 1/4, S 1/2 N 1/2 NE 1/4
Section 24: SW 1/4, S 1/2 NW 1/4, excluding a corridor extending 1320 feet from the centerline of the Alaska Highway, S 1/2 S 1/2 SE 1/4
Sections 25-36: all;

     (5) Township 12 South, Range 14 East, Fairbanks Meridian
Sections 19, 28-30, 33-35: that portion lying south of the Alaska Highway excluding a corridor extending 1320 feet from the centerline of the highway
Sections 31, 32: all;

     (6) Township 13 South, Range 13 East, Fairbanks Meridian
Sections 1-5, 9-15, 23-25, 36: all;

     (7) Township 13 South, Range 14 East, Fairbanks Meridian
Section 1: that portion lying south of the Alaska Highway excluding a corridor extending 1320 feet from the centerline of the highway
Sections 2-36: all;

     (8) Township 13 South, Range 15 East, Fairbanks Meridian
Sections 5, 6, 8-10, 15: that portion lying south of the Alaska Highway excluding a corridor extending 1320 feet from the centerline of the highway
Sections 7, 16-20, 30: all
Sections 21, 22, 28, 29, 31, 32: that portion lying west of the east bank of the Little Gerstle River;

     (9) Township 14 South, Range 14 East, Fairbanks Meridian
Section 1: that portion lying west of the east bank of the Little Gerstle River
Sections 2-6: all;

     (10) Township 14 South, Range 13 East, Fairbanks Meridian
Section 1: all;

     (11) Township 14 South, Range 15 East, Fairbanks Meridian
Section 6: that portion lying west of the east bank of the Little Gerstle River.




Sec. 16.20.310. Game management plan for bison.
 (a) The commissioner shall develop and may amend a game management plan for bison in the area described in AS 16.20.300. After holding public hearings in accordance with AS 44.62.310 — 44.62.319 (Open Meetings Act), the commissioner shall implement the game management plan.

 (b) The game management plan must include, but is not limited to
     (1) planting grains for bison and planting other wildlife forage;

     (2) altering existing plant cover to create additional range and year-round habitat for bison and other animal species in the area;

     (3) tilling to produce forage.

 (c) The commissioner shall develop and amend the game management plan to coordinate, as closely as possible, the game management plan with the activities of the Department of Natural Resources relating to the Big Delta agricultural development project.




Sec. 16.20.315. Bison range timber sales.
The Department of Natural Resources, division of forestry, shall provide for the sale of timber in the Delta Junction bison range area in a manner that does not delay implementation of the game management plan required under AS 16.20.310.


Sec. 16.20.320. Activities on bison range area.
Nothing in AS 16.20.300 — 16.20.320 shall be construed as prohibiting activities on land described in AS 16.20.300 that are otherwise permitted in accordance with the laws and regulations of this state, including, but not limited to, hunting, trapping, engaging in recreational activities, using the land for access to adjacent areas, and a 300-foot Alaska Railroad right-of-way.


Sec. 16.20.340. Purpose of Matanuska Valley Moose Range.
The purpose of AS 16.20.340 — 16.20.360 is to establish the area described in AS 16.20.360 as the Matanuska Valley Moose Range. The primary purposes of the Matanuska Valley Moose Range are to maintain, improve, and enhance moose populations and habitat and other wildlife resources of the area, and to perpetuate public multiple use of the area, including fishing, grazing, forest management, hunting, trapping, mineral and coal entry and development, and other forms of public use of public land not incompatible with the purpose stated in this section.


Sec. 16.20.350. Management responsibility for moose range.
 (a) The Department of Fish and Game is responsible for the management of fish and game resources on the state land and water described in AS 16.20.360 consistent with the purposes of AS 16.20.340 — 16.20.360.

 (b) Management of the surface and subsurface estate is the responsibility of the Department of Natural Resources. After adequate public hearings the Department of Natural Resources shall develop and adopt a management plan for the Matanuska Valley Moose Range that shall reflect the concurrence of the Department of Fish and Game. The management plan shall be adopted, implemented, and maintained within three years of the establishment of the Matanuska Valley Moose Range. The management plan shall be revised, if necessary and appropriate, under the same procedure followed for initial adoption. The plan shall provide for roadside recreation sites, including picnicking and camping areas.

 (c) The Department of Natural Resources may, after consultation with the Department of Fish and Game, adopt regulations governing the public use of the area. The regulations must include provisions for multiple use, as defined in AS 38.04.910, and for public multiple uses listed in AS 16.20.340. Regulations adopted for the Matanuska Valley Moose Range do not apply to private land within the boundary described in AS 16.20.360.

 (d) The area shall be managed to sustain fish and wildlife resources in perpetuity, according to the principle of sustained yield.

 (e) The commissioner of natural resources may acquire in the name of the state, by negotiated purchase only, without an option of first purchase, title or interest in real property lying within the boundaries of the Matanuska Valley Moose Range. The land described herein is to be managed by the Department of Natural Resources.




Sec. 16.20.360. Matanuska Valley Moose Range established.
The state-owned land and water, vacant and unappropriated, and all that acquired in the future by the state, lying within the boundary described in this section, are designated as the Matanuska Valley Moose Range, and are reserved from all uses incompatible with their primary purposes as public use land. The land described herein is to be managed by the Department of Natural Resources.
     (1) Township 18 North, Range 1 East, Seward Meridian
Section 1;

     (2) Township 18 North, Range 2 East, Seward Meridian
Sections 4 — 6;

     (3) Township 19 North, Range 1 East, Seward Meridian
Section 13
Sections 24 — 25
Section 36;

     (4) Township 19 North, Range 2 East, Seward Meridian
Section 1
Section 2, E 1/2
Section 10, S 1/2
Sections 11 — 34
Section 35, N 1/2;

     (5) Township 19 North, Range 3 East, Seward Meridian
Sections 1 — 32, that portion lying north of the Glenn Highway right-of-way;

     (6) Township 19 North, Range 4 East, Seward Meridian
Section 1, N 1/2, SW 1/4
Sections 2 — 10
Section 11, N 1/2 NE 1/4, SW 1/4 NE 1/4, NW 1/4, NW 1/4 SW 1/4
Section 15, W 1/2 NW 1/4, NE 1/4 NW 1/4
Section 16, E 1/2 NE 1/4, N 1/2 S 1/2 that portion north and east of the Glenn Highway right-of-way;

     (7) Township 19 North, Range 5 East, Seward Meridian
Section 6, NW 1/4, N 1/2 NE 1/4;

     (8) Township 20 North, Range 2 East, Seward Meridian
Section 1
Sections 12 — 13
Sections 24 — 25
Section 36;

     (9) Township 20 North, Range 3 East, Seward Meridian
Section 5, W 1/2
Sections 6 — 7
Sections 11 — 13
Sections 18 — 19
Sections 24 — 25
Section 30, N 1/2
Sections 31 — 33, S 1/2
Sections 34 — 36;

     (10) Township 20 North, Range 4 East, Seward Meridian
Section 5, W 1/2
Section 6
Section 7, N 1/2
Sections 12 — 13
Sections 21 — 36;

     (11) Township 20 North, Range 5 East, Seward Meridian
Section 5
Section 6, E 1/2
Sections 7 — 8
Section 12, S 1/2
Sections 13 — 32
Section 33, SW 1/4 NE 1/4, N 1/2 NE 1/4, SW 1/4 SW 1/4, N 1/2 SW 1/4, NW 1/4
Section 34, N 1/2 N 1/2;

     (12) Township 20 North, Range 6 East, Seward Meridian
Sections 1 — 12
Section 14, N 1/2
Sections 15 — 21
Section 22, NW 1/4, N 1/2 NE 1/4
Section 29, W 1/2, those portions lying north of the right-of-way for the Glenn Highway
Section 30, those portions lying north of the right-of-way for the Glenn Highway;

     (13) Township 20 North, Range 7 East, Seward Meridian
Section 6;

     (14) Township 21 North, Range 2 East, Seward Meridian
Section 25
Section 36;

     (15) Township 21 North, Range 3 East, Seward Meridian
Section 25
Section 29, W 1/2
Sections 30 — 31
Section 32, W 1/2
Section 36, N 1/2;

     (16) Township 21 North, Range 4 East, Seward Meridian
Section 12, W 1/2
Section 13
Section 20
Section 21, S 1/2
Section 24, E 1/2
Section 28
Section 29, E 1/2
Section 30, S 1/2
Sections 31 — 32;

     (17) Township 21 North, Range 5 East, Seward Meridian
Section 3
Section 9
Section 10, W 1/2
Sections 16 — 17
Sections 19 — 20
Section 21, N 1/2
Section 29, W 1/2
Sections 30 — 31
Section 32, W 1/2;

     (18) Township 21 North, Range 6 East, Seward Meridian
Section 2
Section 3, E 1/2
Section 10
Section 11, W 1/2
Section 14, W 1/2
Section 15
Sections 21 — 22
Section 23, W 1/2
Sections 28 — 29
Sections 31 — 36;

     (19) Township 21 North, Range 7 East, Seward Meridian
Sections 27 — 28
Sections 31 — 32
Section 33, N 1/2
Section 34, N 1/2;

     (20) Township 22 North, Range 6 East, Seward Meridian
Section 23
Section 26
Section 35.




Article 5. Fish and Game Critical Habitat Areas.


Sec. 16.20.500. Purpose.
The purpose of AS 16.20.500 — 16.20.690 is to protect and preserve habitat areas especially crucial to the perpetuation of fish and wildlife, and to restrict all other uses not compatible with that primary purpose.


Sec. 16.20.510. Regulations.
The Board of Fisheries and the Board of Game, where appropriate, shall adopt regulations they consider advisable for conservation and protection purposes governing the taking of fish and game in state fish and game critical habitat areas.


Sec. 16.20.520. Multiple land use.
Before the use, lease, or other disposal of land under private ownership or state jurisdiction and control, within state fish and game critical habitat areas created under AS 16.20.500 — 16.20.690, the person or responsible state department or agency shall notify the commissioner of fish and game. The commissioner shall acknowledge receipt of notice by return mail.


Sec. 16.20.530. Submission of plans and specifications.
 (a) When a board determines that the following information is required, it shall instruct the commissioner, in the letter of acknowledgment required under AS 16.20.520, to require the person or governmental agency to submit:
     (1) full plans for the anticipated use;

     (2) full plans and specifications of proposed construction work;

     (3) complete plans and specifications for the proper protection of fish and game; and

     (4) the approximate date when the construction or work is to commence.

 (b) The board shall require the person or governmental agency to obtain the written approval of the commissioner as to the sufficiency of the plans or specifications before construction is commenced.




Sec. 16.20.550. Port Moller Critical Habitat Area established.
The following described area is established as the Port Moller Critical Habitat Area:
     (1) Township 50 South, Range 71 West, Seward Meridian
Sections 7 — 8
Section 14 (not tide or submerged land)
Sections 15 — 17
Sections 21 — 23
Section 32;

     (2) Township 51 South, Range 71 West, Seward Meridian
Section 3 (not tide or submerged land)
Sections 4 — 5
Section 7
Sections 9 — 10
Sections 15 — 17;

     (3) Township 49 South, Range 73 West, Seward Meridian
Sections 10 — 11
Section 12 (not tide or submerged land)
Sections 13 — 16
Section 21
Section 24
Section 28;

     (4) Township 51 South, Range 72 West, Seward Meridian
Sections 5 — 8
Sections 11 — 12;

     (5) Township 50 South, Range 72 West, Seward Meridian
Sections 18 — 19
Sections 30 — 32;

     (6) Township 50 South, Range 73 West, Seward Meridian
Sections 7 — 13
Sections 14 — 17 (not tide or submerged land)
Section 18;

     (7) Township 50 South, Range 74 West, Seward Meridian
Sections 5 — 7
Section 8 (not tide or submerged land)
Sections 9 — 13
Sections 14 — 16 (not tide or submerged land)
Sections 17 — 18
Section 20;

     (8) Township 50 South, Range 75 West, Seward Meridian
Section 1
Sections 6 — 7
Section 12;

     (9) Township 49 South, Range 75 West, Seward Meridian
Section 3
Sections 4 — 6 (not tide or submerged land)
Sections 7 — 11
Sections 14 — 16
Sections 21 — 32;

     (10) Township 48 South, Range 75 West, Seward Meridian
Sections 15 — 18
Section 22
Sections 29 — 30
Section 31 (not tide or submerged land)
Section 32;

     (11) Township 48 South, Range 76 West, Seward Meridian
Sections 13 — 17
Sections 19 — 23
Sections 25 — 27
Sections 29 — 30
Sections 34 — 35
Section 36 (not tide or submerged land);

     (12) Township 50 South, Range 76 West, Seward Meridian
Section 1
Section 3
Section 4 (not tide or submerged land)
Section 9 (not tide or submerged land)
Sections 10 — 13
Sections 14 — 16 (not tide or submerged land)
Sections 21 — 23 (not tide or submerged land)
Sections 24 — 25
Sections 26 — 28 (not tide or submerged land);

     (13) Township 49 South, Range 76 West, Seward Meridian
Sections 1 — 4
Sections 7 — 9
Sections 10 — 11 (not tide or submerged land)
Sections 12 — 14
Sections 15 — 16 (not tide or submerged land)
Sections 17 — 18
Section 21 (not tide or submerged land)
Section 22
Sections 28 — 29
Sections 33 — 34;

     (14) Township 49 South, Range 77 West, Seward Meridian
Sections 1 — 2
Sections 4 — 5
Sections 7 — 12
Sections 13 — 18 (not tide or submerged land);

     (15) Township 48 South, Range 77 West, Seward Meridian
Sections 20 — 23
Sections 26 — 28;

     (16) Township 48 South, Range 78 West, Seward Meridian
Sections 26 — 27
Sections 31 — 34;

     (17) Township 49 South, Range 78 West, Seward Meridian
Sections 2 — 5
Sections 8 — 12
Sections 13 — 16 (not tide or submerged land)
Section 17.




Sec. 16.20.555. Port Heiden Critical Habitat Area established.
The following described area is established as the Port Heiden Critical Habitat Area:
     (1) Township 38 South, Range 59 West, Seward Meridian
Sections 13 — 15 (not tide or submerged land)
Section 16
Section 21
Sections 22 — 27 (not tide or submerged land)
Section 28
Sections 33 — 34
Sections 35 — 36 (not tide or submerged land);

     (2) Township 38 South, Range 60 West, Seward Meridian Sections 17 — 19;

     (3) Township 38 South, Range 61 West, Seward Meridian
Sections 24 — 26
Section 34;

     (4) Township 39 South, Range 59 West, Seward Meridian
Sections 1 — 2 (not tide or submerged land)
Section 3
Sections 10 — 14 (not tide or submerged land)
Section 15
Sections 19 — 22
Sections 26 — 29
Sections 30 — 33 (not tide or submerged land)
Sections 34 — 36;

     (5) Township 39 South, Range 60 West, Seward Meridian
Sections 18 — 24
Section 25 (not tide or submerged land)
Sections 26 — 27
Sections 28 — 36 (not tide or submerged land);

     (6) Township 39 South, Range 61 West, Seward Meridian
Sections 2 — 4
Sections 8 — 9
Section 10 (not tide or submerged land)
Sections 11 — 13
Sections 14 — 15 (not tide or submerged land)
Sections 16 — 18
Sections 19 — 20 (not tide or submerged land)
Section 21
Sections 22 — 36 (not tide or submerged land);

     (7) Township 39 South, Range 62 West, Seward Meridian
Section 13
Sections 23 — 28
Sections 32 — 34
Sections 35 — 36 (not tide or submerged land).




Sec. 16.20.560. Cinder River Critical Habitat Area established.
The following described area is established as the Cinder River Critical Habitat Area:
     (1) Township 32 South, Range 54 West, Seward Meridian
Section 29
Sections 31 — 32;

     (2) Township 33 South, Range 55 West, Seward Meridian
Sections 1 — 4
Sections 7 — 13
Sections 14 — 17 (not tide or submerged land)
Section 18;

     (3) Township 33 South, Range 56 West, Seward Meridian
Sections 13 — 14
Sections 22 — 23
Sections 24 — 26 (not tide or submerged land)
Sections 27 — 29
Sections 31 — 32
Sections 33 — 36 (not tide or submerged land);

     (4) Township 34 South, Range 56 West, Seward Meridian
Sections 5 — 7
Section 4 N 1/2;

     (5) Township 34 South, Range 57 West, Seward Meridian
Section 1
Section 12.




Sec. 16.20.565. Egegik Critical Habitat Area established.
The following described area is established as the Egegik Critical Habitat Area:
     (1) Township 24 South, Range 51 West, Seward Meridian
Sections 1 — 2
Section 11 S 1/2
Section 12 N 1/2;

     (2) Township 23 South, Range 51 West, Seward Meridian
Section 13
Sections 24 — 25
Sections 35 — 36;

     (3) Township 23 South, Range 50 West, Seward Meridian
Section 7
Sections 18 — 19
Section 30
Section 31 (not tide or submerged land).




Sec. 16.20.570. Pilot Point Critical Habitat Area established.
The following described area is established as the Pilot Point Critical Habitat Area:
     (1) Township 30 South, Range 52 West, Seward Meridian (protracted)Sections 1 — 3
Section 12;

     (2) Township 30 South, Range 51 West, Seward Meridian (protracted)Sections 5 — 8

     (2) Section 17;

     (3) Township 31 South, Range 51 West, Seward Meridian (protracted)Sections 5 — 8
Sections 13 — 15
Sections 17 — 27;

     (4) Township 30 South, Range 52 West, Seward Meridian (protracted)Sections 27 — 29
Sections 31 — 34;

     (5) Township 31 South, Range 52 West, Seward Meridian (protracted)Sections 1 — 3
Sections 5 — 6
Sections 11 — 14
Sections 23 — 24;

     (6) Township 30 South, Range 53 West, Seward Meridian (protracted)Section 36;

     (7) Township 31 South, Range 53 West, Seward Meridian (protracted)Sections 1 — 2
Sections 10 — 11
Sections 12 — 14 (not tide or submerged land)
Sections 15 — 16
Sections 20 — 21
Sections 22 — 28 (not tide or submerged land)
Sections 29 — 31
Sections 32 — 36 (not tide or submerged land);

     (8) Township 32 South, Range 54 West, Seward Meridian (protracted)Section 36.




Sec. 16.20.575. Kalgin Island Critical Habitat Area established.
The following described area is established as the Kalgin Island Critical Habitat Area:
     (1) Township 3 North, Range 15 West, Seward Meridian
Section 7 NW 1/4
Section 6 SW 1/4;

     (2) Township 3 North, Range 16 West, Seward Meridian
Section 1
Sections 11 — 12
Section 2 E 1—2;

     (3) Township 4 North, Range 16 West, Seward Meridian
Section 35 E 1/2
Section 36.




Sec. 16.20.580. Fox River Flats Critical Habitat Area established.
The following described area is established as the Fox River Flats Critical Habitat Area:
     (1) Township 4 South, Range 10 West, Seward Meridian
Section 20 SE 1/4 (not tide or submerged land)
Section 21 S 1/2 (not tide or submerged land)
Section 22 S 1/2
Section 23 S 1/2 (not tide or submerged land)
Sections 25 — 29
Sections 33 — 36;

     (2) Township 4 South, Range 9 West, Seward Meridian Section 30 W 1/2 (not tide or submerged land).




Sec. 16.20.585. Chilkat River Critical Habitat Area established.
The following described area is established as the Chilkat River Critical Habitat Area:

The areas encompassed by a boundary beginning at a point identical with the north corners common to Sections 1 and 2, Township 29 South, Range 56 East, Copper River Meridian, Alaska; thence west a distance of 500 feet along the north boundary of Section 2; thence south along a line parallel to the west boundary of Section 2, Township 29 South, Range 56 East, Copper River Meridian, a distance of approximately one mile to the south boundary of Section 2; thence east a distance of approximately 500 feet to the southeast corner of Section 2; thence south along the east boundary of Section 11, Township 29 South, Range 56 West, Copper River Meridian crossing the Tsirku River, to the first point of intersection with a meander line 500 feet upland from the line of mean high water on the south bank of the Tsirku River; thence easterly along said meander line to its first point of intersection with a western boundary or the northerly extension of the western boundary of U.S. Survey 786; thence to the northwest corner of U.S. Survey 786; thence east 2,640 feet to the northeast corner of U.S. Survey 786; thence south along the east boundary to U.S. Survey 786 to its intersection with the section line common to Sections 17 and 20 of Township 29 South, Range 57 East, Copper River Meridian; thence east along said section line to its first point of intersection with a meander line running 500 feet upland from the mean high water mark on the west bank of the Chilkat River; thence meandering in a southeasterly direction along a line 500 feet upland from the mean high water mark on the southeast bank of the Chilkat River to its first point of intersection with the section line common to Sections 21 and 28 of Township 29 South, Range 57 East, Copper River Meridian; thence east along said section line to the corner common to Sections 21, 22, 27 and 28, Township 29 South, Range 57 East, Copper River Meridian; thence north along section lines to the point of intersection with the Haines Highway right-of-way; thence northwesterly along the southwest boundary of said highway right-of-way to the point of intersection with the north boundary of Section 6, Township 29 South, Range 57 East, Copper River Meridian; thence west along section lines to the point of beginning, comprising 4,800 acres, more or less.




Sec. 16.20.590. Kachemak Bay Critical Habitat Area established.
 (a) The following described area is established as the Kachemak Bay Critical Habitat Area:
     (1) Township 4 South, Range 10 West, Seward Meridian (only tide and submerged land and waters);

     (2) Township 5 South, Range 10 West, Seward Meridian (only tide and submerged land and waters);

     (3) Township 5 South, Range 11 West, Seward Meridian (only tide and submerged land and waters);

     (4) Township 5 South, Range 12 West, Seward Meridian (only tide and submerged land and waters);

     (5) Township 6 South, Range 11 West, Seward Meridian (only tide and submerged land and waters);

     (6) Township 6 South, Range 12 West, Seward Meridian (only tide and submerged land and waters);

     (7) Township 6 South, Range 13 West, Seward Meridian (only tide and submerged land and waters);

     (8) Township 6 South, Range 14 West, Seward Meridian (only tide and submerged land and waters);

     (9) Township 7 South, Range 11 West, Seward Meridian (only tide and submerged land and waters);

     (10) Township 7 South, Range 12 West, Seward Meridian (only tide and submerged land and waters);

     (11) Township 7 South, Range 13 West, Seward Meridian (only tide and submerged land and waters);

     (12) Township 7 South, Range 14 West, Seward Meridian (only tide and submerged land and waters);

     (13) Township 8 South, Range 12 West, Seward Meridian (only tide and submerged land and waters);

     (14) Township 8 South, Range 13 West, Seward Meridian (only tide and submerged land and waters);

     (15) Township 8 South, Range 14 West, Seward Meridian (only tide and submerged land and waters);

     (16) Township 9 South, Range 14 West, Seward Meridian (only tide and submerged land and waters);

     (17) Township 9 South, Range 15 West, Seward Meridian (only tide and submerged land and waters east of a line from Anchor Point to Point Pogibshi);

     (18) Township 5 South, Range 15 West, Seward Meridian (including all tide and submerged land and waters east of a line from Anchor Point to Point Pogibshi);

     (19) Township 6 South, Range 15 West, Seward Meridian (including all tide and submerged land and waters east of a line from Anchor Point to Point Pogibshi);

     (20) Township 7 South, Range 15 West, Seward Meridian (including all tide and submerged land and waters east of a line from Anchor Point to Point Pogibshi);

     (21) Township 8 South, Range 15 West, Seward Meridian (including all tide and submerged land and waters east of a line from Anchor Point to Point Pogibshi);

     (22) Township 9 South, Range 12 West, Seward Meridian (only tide and submerged land and waters).

 (b) Notwithstanding (a) of this section, the land described in this subsection is excluded from the Kachemak Bay Critical Habitat Area established under (a) of this section. The land that is excluded is described as
     (1) Township 6 South, Range 13 West, Seward Meridian
Section 35 (those portions of the tidelands and submerged lands lying northerly of the Homer Spit, including any portion of the Homer Small Boat Basin, within the SE1/4 of the protracted section; and any portion within The Fishin’ Hole subdivision, Plat 92-39 Homer Recording District)
Section 36 (those portions of the tidelands and submerged lands, including any portion of the Homer Small Boat Basin within the S1/2 of the protracted section);

     (2) Township 7 South, Range 13 West, Seward Meridian
Section 1 (those portions of the tidelands and submerged lands lying northerly or easterly of the Homer Spit, including any portion of the Homer Small Boat Basin, within the N1/2N1/2 and N1/2S1/2N1/2 of the protracted section)
Section 2 (those portions of the tidelands and submerged lands lying in the Homer Small Boat Basin within the NE1/4NE1/4NE1/4 of the protracted section).




Sec. 16.20.595. Clam Gulch Critical Habitat Area established.
The following described area is established as the Clam Gulch Critical Habitat Area:

All tide and submerged land to the minus five foot elevation, from Cape Kasilof to Happy Valley, contained in the following description:
     (1) Township 3 North, Range 12 West, Seward Meridian Sections 9, 16, 21, 28, 33;

     (2) Township 2 North, Range 12 West, Seward Meridian Sections 4, 8, 9, 17, 20, 29, 31, 32;

     (3) Township 1 North, Range 12 West, Seward Meridian Sections 6 — 7;

     (4) Township 1 North, Range 13 West, Seward Meridian Sections 12 — 14, 22, 23, 27, 33, 34;

     (5) Township 1 South, Range 13 West, Seward Meridian Sections 5 — 7;

     (6) Township 1 South, Range 14 West, Seward Meridian Sections 12 — 14, 23, 26 — 27, 33 — 34;

     (7) Township 2 South, Range 14 West, Seward Meridian Sections 4, 8 — 9, 17, 20, 29, 32;

     (8) Township 3 South, Range 14 West, Seward Meridian Sections 5, 6, and that portion of Section 7 lying north of Happy Creek.




Sec. 16.20.600. Copper River Delta Critical Habitat Area established.
The following described area is established as the Copper River Delta Critical Habitat Area:

All public land, tideland, submerged land, and water contained in the following description: Beginning at a point on the south edge of the Copper River Highway right-of-way 200´ west of its intersection with the Eyak Trail trailhead; thence southwesterly 200´ west of the Eyak Trail and parallel to it approximately 4 miles to the mean high tide line; thence southwesterly along the mean high tide line to Point Whitshed; thence northwesterly along the mean high tide line to a point of intersection at the west edge of Section 21, T16S, R4W, C.R.M. and the mean high tide line at the mouth of Orca Inlet; thence westerly a distance of approximately 3 miles to the northeast tip of Little Mummy Island; thence southwesterly a distance of approximately 4 miles to the intersection of the south edge of Section 33, T16S, R5W, C.R.M. and the mean high tide line; thence along the mean high tide line on the east portion of Hinchinbrook Island, including Boswell Bay to Point Bentinck; thence S.68°E. approximately 57 miles to a point of intersection with the protracted boundary line common between R4E and R5E, C.R.M.; thence N.13°E. approximately 10 miles to Palm Point; thence northwesterly along the mean high tide line to a point of intersection with the west boundary line of Section 25, T19S, R4E, C.R.M. to a point of intersection with the mean high tide line on the north shore of Softuk Bar; thence northwesterly to Windy Point; thence due east approximately 1.1 miles to the 200 foot contour; thence northerly along the 200 foot contour around Ragged Mountain, easterly and northerly along the eastern shore of Martin and Little Martin lakes to a point 4 miles due south of Bridge No. 227 on the Proposed Bering River Highway; thence north to Bridge No 227; thence westerly along the south edge of the Bering River Highway to its junction with the Copper River Highway; thence, westerly along the south edge of the Copper River Highway to the point beginning; excluding all areas within the Cordova Airport Boundaries.




Sec. 16.20.605. Anchor River and Fritz Creek Critical Habitat Area established.
 (a) All state land and water contained in the following described areas is established as the Anchor River and Fritz Creek Critical Habitat Area:
     (1) Township 4 South, Range 13 West, Seward Meridian
Section 25
Section 35
Section 36;

     (2) Township 5 South, Range 12 West, Seward Meridian
Sections 17 — 20;

     (3) Township 5 South, Range 13 West, Seward Meridian
Section 2
Section 3
Section 4 E1/2
Section 8 S1/2
Sections 9 — 11
Sections 13 — 20
Section 21 W1/2
Section 24;

     (4) Township 5 South, Range 14 West, Seward Meridian
Section 13
Section 20 NE1/4
Sections 21 — 24
Section 26 N1/2
Section 27 N1/2
Section 28 N1/2.

 (b) Notwithstanding AS 16.20.500 and the establishment of the Anchor River and Fritz Creek Critical Habitat Area under (a) of this section,
     (1) the use of and appropriation of water rights from Fritz Creek for a municipal and community water source is protected within the Anchor River and Fritz Creek Critical Habitat Area;

     (2) the possibility of the construction of a dam and reservoir on Fritz Creek is reserved within the Anchor River and Fritz Creek Critical Habitat Area.

 (c) The use and enjoyment of valid existing rights and interests within the Anchor River and Fritz Creek Critical Habitat Area are protected. Future conveyances, including but not limited to rights-of-way, timber sales, municipal entitlements, grazing leases, and oil and gas leases, may occur.

 (d) A management plan for the Anchor River and Fritz Creek Critical Habitat Area shall be adopted and may be revised by the Department of Fish and Game in consultation with the Department of Natural Resources under AS 44.62 (Administrative Procedure Act). The management plan shall reflect the concurrence of the Kenai Peninsula Borough as it applies to land committed by the borough to the Anchor River and Fritz Creek Critical Habitat Area.

 (e) The department shall establish a citizens’ advisory committee to work with the department and advise on implementation and revisions of the management plan for the Anchor River and Fritz Creek Critical Habitat Area.

 (f) Appointments to the citizens’ advisory committee shall be recommended by the Kenai Peninsula Borough and the City of Homer and shall include representatives from
     (1) industry and commercial users;

     (2) hunters, trappers, fishermen, and recreational users; and

     (3) officials representing the Kenai Peninsula Borough and the City of Homer.




Sec. 16.20.610. Dude Creek Critical Habitat Area.
 (a) The purpose of the Dude Creek Critical Habitat Area is the protection and enhancement of the wet meadow habitat that is the key roosting area for migrating lesser sandhill cranes, for the protection of lesser sandhill cranes, and for the continued public use and enjoyment of the area.

 (b) The following described area is established as the Dude Creek Critical Habitat Area:

Township 40 South, Range 58 East, Copper River Meridian
Section 2: W1/2

Section 3

Sections 9 — 10

Section 11: W1/2NE1/4, W1/2

Section 14: Lot 3, NW1/4, N1/2SW1/4, SW1/4SW1/4

Section 15

Section 16: N1/2, SE1/4.

 (c) The Dude Creek Critical Habitat Area described in (b) of this section shall be managed under a management plan prepared and implemented by the department in consultation with the community of Gustavus and the Board of Game.

 (d) The department shall allow public uses, including fishing, hunting, trapping, mechanized and nonmechanized public access, grazing, firewood harvesting, wildlife viewing, hiking, and berry picking under the management plan adopted under (c) of this section to the extent that the activities are compatible with (a) of this section.

 (e) The legislature understands that a portion of the state land described in (b) of this section is mental health trust land of the state and the legislature intends that the land retain its status as mental health trust land, notwithstanding its inclusion in the Dude Creek Critical Habitat Area.




Sec. 16.20.615. Tugidak Island Critical Habitat Area.
 (a) The state land above the mean high tide line within the following described area is established as the Tugidak Island Critical Habitat Area:
     (1) Township 41 South, Ranges 33 — 34 West, Seward Meridian;

     (2) Township 42 South, Range 33 West, Seward Meridian
Sections 1 — 11
Sections 14 — 23
Sections 25 — 36;

     (3) Township 42 South, Ranges 34 — 35 West, Seward Meridian;

     (4) Township 43 South, Ranges 34 — 35 West, Seward Meridian.

 (b) In addition to the area described in (a) of this section, the water and the land below the mean high tide line in the lagoon at the northeast end of Tugidak Island are included within the Tugidak Island Critical Habitat Area.

 (c) The Tugidak Island Critical Habitat Area described in (a) and (b) of this section shall be managed under a management plan prepared by the department.

 (d) The department shall permit existing cabins to remain, subsistence and recreational uses to continue, and commercial uses such as seal hunting and placer mining to continue, if appropriate under the management plan adopted under (c) of this section to the extent that the activities are compatible with the establishment of the Tugidak Island Critical Habitat Area.

 (e) The department shall permit entry within the Tugidak Island Critical Habitat Area for the exploration and development of oil and gas resources when compatible with the purposes for which the critical habitat area was established. An oil and gas lease of state land within the Tugidak Island Critical Habitat Area is valid and continues in full force according to its terms.




Sec. 16.20.620. Willow Mountain Critical Habitat Area established.
 (a) The following described area is established as the Willow Mountain Critical Habitat Area:
     (1) Township 20 North, Range 2 West, Seward Meridian
Section 7
Sections 18 — 19;

     (2) Township 20 North, Range 3 West, Seward Meridian
Sections 1 — 2
Sections 11 — 14
Sections 23 — 24;

     (3) Township 21 North, Range 2 West, Seward Meridian
Sections 4 — 7
Section 18: W1/2;

     (4) Township 21 North, Range 3 West, Seward Meridian
Section 1
Sections 11 — 14
Sections 23 — 26
Sections 35 — 36;

     (5) Township 22 North, Range 2 West, Seward Meridian
Sections 19 — 21
Sections 28 — 33.

 (b) Notwithstanding AS 16.20.510 — 16.20.530, the commissioner of fish and game, in consultation with the commissioner of natural resources, shall prepare a management plan for the Willow Mountain Critical Habitat Area. The commissioner of fish and game and the commissioner of natural resources shall exercise their respective authorities over the area in a manner consistent with the management plan.




Sec. 16.20.625. Redoubt Bay Critical Habitat Area.
 (a) The state-owned land and water above mean lower low water contained in the following described parcels is designated as the Redoubt Bay Critical Habitat Area:
     (1) Township 6 North, Range 16 West, Seward Meridian
Sections 1 — 12: North of the south bank of Drift River
Sections 14 — 18: North of the south bank of Drift River
Sections 20 — 22: North of the south bank of Drift River;

     (2) Township 6 North, Range 17 West, Seward Meridian
Sections 1 — 6: North of the south bank of Drift River
Sections 10 — 12: North of the south bank of Drift River;

     (3) Township 7 North, Range 14 West, Seward Meridian
Section 5: S1/2
Sections 6 — 8
Section 18;

     (4) Township 7 North, Range 15 West, Seward Meridian
Sections 1 — 21
Sections 29 — 31;

     (5) Township 7 North, Range 16 West, Seward Meridian;

     (6) Township 7 North, Range 17 West, Seward Meridian
Sections 1 — 4
Section 8: E1/2
Sections 9 — 17
Sections 19 — 27
Section 30
Sections 34 — 36;

     (7) Township 8 North, Range 15 West, Seward Meridian
Section 1: S1/2
Section 2: S1/2
Section 3: W1/2
Sections 4 — 11
Section 12: N1/2
Sections 13 — 36;

     (8) Township 8 North, Range 16 West, Seward Meridian;

     (9) Township 8 North, Range 17 West, Seward Meridian
Sections 1 — 17
Sections 20 — 29
Sections 32 — 36;

     (10) Township 8 North, Range 18 West, Seward Meridian
Sections 1 — 12;

     (11) Township 9 North, Range 15 West, Seward Meridian
Sections 29 — 30;

     (12) Township 9 North, Range 16 West, Seward Meridian
Sections 19 — 36;

     (13) Township 9 North, Range 17 West, Seward Meridian
Sections 21 — 36.

 (b) Notwithstanding AS 16.20.500 and the establishment of the Redoubt Bay Critical Habitat Area under (a) of this section, egress and ingress to and from private property within the Redoubt Bay Critical Habitat Area shall be permitted through access corridors established through agreement between the state and the private property owners involved.

 (c) The state may not acquire by eminent domain privately owned land within the Redoubt Bay Critical Habitat Area but may acquire privately owned land within the Redoubt Bay Critical Habitat Area by purchase, exchange, or otherwise for inclusion in the Redoubt Bay Critical Habitat Area.

 (d) The department shall permit entry within the Redoubt Bay Critical Habitat Area for the exploration and development of oil and gas resources when it is compatible with the purposes for which the critical habitat area is established. An oil and gas lease of state land and existing oil and gas pipeline rights-of-way within the critical habitat area are valid and continue in full force according to their terms. The commissioner shall permit inspection and maintenance activities necessary to ensure the integrity of oil and gas pipelines on existing leases and pipeline rights-of-way in a manner that is compatible with the purposes for which the Redoubt Bay Critical Habitat Area was established.

 (e) The department shall permit uses of the Redoubt Bay Critical Habitat Area in a manner that is compatible with the purposes for which the critical habitat area is established. The department shall permit the following public uses to continue without further approval by the department unless the department determines that the use is not compatible with the purposes for which the Redoubt Bay Critical Habitat Area is established:
     (1) hunting, including subsistence hunting, trapping, and subsistence, commercial, and sport fishing, including the continued use of cabins for the purpose of hunting, trapping, and fishing;

     (2) hiking, backpacking, and camping, including the use of campfires;

     (3) cross-country skiing, snowmachining, boating, and the landing of aircraft; and

     (4) other related uses that are temporary in duration and have no foreseeable adverse effects on vegetation, drainage, soil stability, or fish and game and their habitat.

 (f) The Kenai Peninsula Borough shall establish a citizens’ advisory committee to work with the department and the Department of Natural Resources and advise on the development of policies and regulations that affect the Redoubt Bay Critical Habitat Area.

 (g) Appointments to the citizens’ advisory committee shall be made by the Kenai Peninsula Borough and shall include representatives from
     (1) industry and commercial users including the oil and gas industry, timber, mining, and commercial fishing;

     (2) hunters, trappers, fishermen, cabin owners, and recreational users; and

     (3) officials representing the Kenai Peninsula Borough.




Sec. 16.20.630. Homer Airport Critical Habitat Area established.
 (a) The following described area is established as the Homer Airport Critical Habitat Area:
     (1) Tract A:
Township 6 South, Range 13 West, Seward Meridian
Section 21: that portion of the S1/2NE1/4NW1/4 upland of the ordinary high water line of Beluga Lake, comprising 9.3 acres, more or less;

     (2) Tract B:
Section 21: that portion of the NE1/4 upland of the ordinary high water line of Beluga Lake that is encompassed by a boundary beginning at the section corner common to Sections 15, 16, 21, and 22, Township 6 South, Range 13 West, Seward Meridian; thence proceeding South 00 degrees 01 minute 00 seconds East along the section line common to Sections 21 and 22, Township 6 South, Range 13 West, Seward Meridian, to the point of intersection with a line located 1,520 feet South of and parallel to the northern section line of Section 21, Township 6 South, Range 13 West, Seward Meridian; thence along the line located 1,520 feet South of and parallel to the northern section line of Section 21, Township 6 South, Range 13 West, Seward Meridian, to the point of intersection with the ordinary high water line of Beluga Lake; thence in a northwesterly direction along the meanders of the ordinary high water line of Beluga Lake to the point of intersection with the West boundary line of NE1/4, Section 21, Township 6 South, Range 13 West, Seward Meridian, being common to the center quarter line of Section 21, Township 6 South, Range 13 West, Seward Meridian; thence North 00 degrees 01 minute 00 seconds West along the West boundary line of NE1/4, Section 21, Township 6 South, Range 13 West, Seward Meridian, to the point of intersection with the section line common to Sections 16 and 21, Township 6 South, Range 13 West, Seward Meridian; thence East along the section line common to Sections 16 and 21, Township 6 South, Range 13 West, Seward Meridian, to the point of beginning; comprising 70.4 acres, more or less;

     (3) Tract C:
Township 6 South, Range 13 West, Seward Meridian
Section 15: S1/2SW1/4, comprising 80 acres, more or less;

     (4) Tract D:
Section 22: that portion of the NW1/4 northwesterly of a line parallel to, northwesterly of, and 750 feet perpendicular from the monumented runway centerline of the Homer Airport, comprising 60 acres, more or less;

     (5) Tract E, comprising 74 acres, more or less:
Township 6 South, Range 13 West, Seward Meridian
Section 15: those portions of SW1/4SE1/4 and E1/2SE1/4 northwesterly of a line parallel to, northwesterly of, and 750 feet perpendicular from the monumented runway centerline of the Homer Airport;
Section 22: that portion of the NW1/4NE1/4 northwesterly of a line parallel to, northwesterly of, and 750 feet perpendicular from the monumented runway centerline of the Homer Airport.

 (b) Notwithstanding AS 16.20.500 — 16.20.530, the land in Township 6 South, Range 13 West, Section 21 described in (a) of this section is subject to the following:
     (1) the right of unobstructed passage by aircraft over the land;

     (2) the right of aircraft to use the airspace above the land without restrictions on noise, dust, or fumes, other than those imposed under federal and state laws governing air and water quality;

     (3) the authority of the Department of Transportation and Public Facilities to
          (A) prohibit the construction of obstructions and permanent structures on the land;

          (B) clear the land and keep the land clear, including removal of trees, brush, soil, berms, hills, irregularities in the topography, stockpiles, rocks, buildings, structures, and other obstructions;

          (C) prohibit or remove an activity, installation, or object on the land that
               (i) creates electrical interference with radio communication or navigational instruments of aircraft or the Homer Airport;

               (ii) may enhance bird habitat on or in the vicinity of the Homer Airport;

               (iii) hinders the ability of pilots to distinguish between airport lights and other lights;

               (iv) results in glare in the eyes of pilots using the Homer Airport;

               (v) impairs visibility in the vicinity of the Homer Airport; or

               (vi) endangers the landing, departure, or maneuvering of aircraft at the Homer Airport;

          (D) prohibit development on the land for any purpose, other than public access across the land;

          (E) require
               (i) approval of the Department of Transportation and Public Facilities for the design and construction of access across the land;

               (ii) relocation of access across the land as necessary to satisfy applicable standards of airport design, safety, and security;

          (F) install navigational aids on the land; and

          (G) enter upon the land for the purpose of enforcing or implementing this subsection.

 (c) Notwithstanding AS 16.20.500 — 16.20.530, the land in Township 6 South, Range 13 West, Sections 15 and 22 described in (a) of this section is subject to the following:
     (1) the right of unobstructed passage by aircraft over the land;

     (2) the right of aircraft to use the airspace above the land without restrictions on noise, dust, or fumes, other than those imposed under federal and state laws governing air and water quality;

     (3) the authority of the Department of Transportation and Public Facilities to
          (A) prohibit the construction of obstructions and permanent structures extending above the imaginary surface of the Homer Airport as determined under regulations of the Federal Aviation Administration;

          (B) clear the land and keep the land clear of obstructions extending above the imaginary surface of the Homer Airport as determined under regulations of the Federal Aviation Administration, including removal of trees, brush, soil, berms, hills, irregularities in the topography, stockpiles, rocks, buildings, structures, and other obstructions;

          (C) prohibit or remove an activity, installation, or object that
               (i) creates electrical interference with radio communication or navigational instruments of aircraft or the Homer Airport;

               (ii) may enhance bird habitat on or in the vicinity of the Homer Airport;

               (iii) hinders the ability of pilots to distinguish between airport lights and other lights;

               (iv) results in glare in the eyes of pilots using the Homer Airport;

               (v) impairs visibility in the vicinity of the Homer Airport; or

               (vi) endangers the landing, departure, or maneuvering of aircraft at the Homer Airport;

          (D) enter upon the land for the purpose of enforcing or implementing this subsection.

 (d) The Department of Fish and Game shall cooperate with the Department of Transportation and Public Facilities in implementing (b) and (c) of this section.

 (e) Neither the Department of Fish and Game nor another person may create, develop, or enhance bird habitat within the Homer Airport Critical Habitat Area.

 (f) The state land described in (a) of this section may not be transferred to municipal or private ownership or to another state agency unless covenants or easements in the land, containing provisions substantially similar to (b) and (c) of this section, are reserved to the Department of Transportation and Public Facilities for the benefit of the Homer Airport.

 (g) The Department of Fish and Game shall establish and appoint an advisory committee to work with the department and advise on the management of the Homer Airport Critical Habitat Area. If the department develops a management plan for the critical habitat area, the department shall consult with the advisory committee, and the plan must allow guaranteed access to and continued public fishing, hunting, and trapping activities and opportunities in the area. Among appointments to the advisory committee, the department shall include
     (1) industry and commercial users and hunters, trappers, fishermen, and recreational users recommended by the City of Homer;

     (2) an official representing the City of Homer; and

     (3) a representative of the Department of Transportation and Public Facilities.




Sec. 16.20.690. Additional critical habitat areas.
The commissioner shall submit a list of additional critical habitat areas to the legislature annually.


Chapter 25. Stocking of Public Land.

Sec. 16.25.010. Program adopted.
There is adopted a program of stocking land in the state with valuable game and fur-bearing animals that do not at present occur on the land. The department is responsible for establishing priorities on the species of animals to be stocked and the area of the stocking. Priorities shall be based on the habitat requirements of the species, the population of native game animals present, and other factors that will effect the successful establishment of the species.


Secs. 16.25.020 — 16.25.060. Projects enumerated; duties of department; stock and offspring property of state; unlawful taking; penalty. [Repealed, § 2 ch 97 SLA 1970.]

Chapter 30. Destruction of Big Game Animals and Wild Fowl.

Sec. 16.30.010. Wanton waste of big game animals and wild fowl.
 (a) It is a class A misdemeanor for a person who kills a big game animal or a species of wild fowl to fail intentionally, knowingly, recklessly, or with criminal negligence to salvage for human consumption the edible meat of the animal or fowl.

 (b) If a person is convicted of violating this section and in the course of that violation failed to salvage from a big game animal at least the hindquarters as far as the distal joint of the tibia-fibula (hock), the court shall impose a sentence of imprisonment of not less than seven consecutive days and a fine of not less than $2,500.

 (c) The imposition or execution of the minimum sentence prescribed in (b) of this section may not be suspended under AS 12.55.080 or 12.55.085. The minimum sentence prescribed in (b) of this section may not be reduced.




Sec. 16.30.012. Possession of horns or antlers.
 (a) It is a class A misdemeanor for a person to possess the horns or antlers of a big game animal that was killed after the opening of the current or most recent lawful hunting season for that animal if the person does not possess the edible meat of the animal.

 (b) A person may not be arrested or prosecuted for a violation of this section unless the arresting officer determines that there is probable cause to believe that the edible meat of the big game animal from which the horns or antlers were taken has not been salvaged.




Sec. 16.30.015. Surrender of salvaged portions, license forfeiture.
A person convicted of violating AS 16.30.010
     (1) shall surrender to the department all salvaged portions of the animal or fowl;

     (2) forfeits the convicted person’s hunting license;

     (3) is ineligible to hold a hunting license for
          (A) the year in which the conviction is entered and the year following the year in which the conviction is entered;

          (B) a period of five years from the date of the conviction if the person has failed to salvage from a big game animal at least the hindquarters as far as the distal joint of the tibia-fibula (hock).




Sec. 16.30.017. Defenses.
 (a) It is a defense to a criminal charge under AS 16.30.010 or 16.30.012 that the failure to salvage or possess the edible meat was due to circumstances beyond the control of the person charged, including
     (1) theft of the animal or fowl;

     (2) unanticipated weather conditions or other acts of God;

     (3) unavoidable loss in the field to another wild animal.

 (b) It is a defense to a criminal charge under AS 16.30.012 that the defendant does not possess the edible meat of the big game animal because the meat was
     (1) consumed by human beings; or

     (2) delivered to another person.

 (c) In this section, “delivered” means given, sold, or bartered in a manner that does not violate state or federal law.




Sec. 16.30.020. Board may exempt animals.
The provisions of AS 16.30.010 and 16.30.012 do not apply to animals that the board exempts by regulation.


Sec. 16.30.030. Definitions.
In this chapter,
     (1) “big game animal” means moose, caribou, mountain sheep, mountain goat, feral reindeer, deer, elk, bison, walrus, or musk ox;

     (2) “criminal negligence” means criminal negligence as defined in AS 11.81.900(a)(4);

     (3) “edible meat” means, in the case of big game animals, the meat of the ribs, neck, brisket, front quarters as far as the distal joint of the radius-ulna (knee), hindquarters as far as the distal joint of the tibia-fibula (hock), and that portion of the animal between the front and hindquarters; in the case of wild fowl, the meat of the breast; however, “edible meat” of big game or wild fowl does not include
          (A) meat of the head;

          (B) meat that has been damaged and made inedible by the method of taking;

          (C) bones, sinew, and incidental meat reasonably lost as a result of boning or a close trimming of the bones;

          (D) viscera;

     (4) “intentionally” means intentionally as defined in AS 11.81.900(a)(1);

     (5) “knowingly” means knowingly as defined in AS 11.81.900(a)(2);

     (6) “possess the edible meat” includes possessing portions of the edible meat in more than one location while the meat is being transported from the place where it was salvaged;

     (7) “recklessly” means recklessly as defined in AS 11.81.900(a)(3);

     (8) “wild fowl” means species of wild fowl for which seasons or bag limits have been established by state or federal law.




Chapter 35. Predatory Animals.

Secs. 16.35.010 — 16.35.130. Employment of hunters and trappers to suppress predatory animals; bounties on wolverines, wolves, and coyotes. [Repealed, § 29 ch 132 SLA 1984.]
Secs. 16.35.140 — 16.35.180. Bounties on hair seals. [Repealed, § 68 ch 6 SLA 1984.]
Sec. 16.35.200. Use of poison to kill predatory animals.
A department, other state agency, or person may not use poison to kill predatory animals without first obtaining the written consent of the appropriate board.


Sec. 16.35.210. Nonindigenous fish.
 (a) A person may not knowingly release, or transport, possess, import, or export for the purpose of release, into the water of the state live nonindigenous fish or live fertilized eggs of nonindigenous fish, unless permitted by AS 16.05 — AS 16.40 or by a regulation adopted under AS 16.05 — AS 16.40. This subsection does not apply to
     (1) a fisherman who catches and releases a fish into the water from which the fish was taken; or

     (2) generally accepted conduct in relation to permitted salt water commercial or sport fishing.

 (b) A person may not knowingly rear live ornamental fish in, or release live ornamental fish into, the water of the state.

 (c) A person who violates this section is guilty of a class A misdemeanor.

 (d) In addition to the penalty imposed under (c) of this section, a person who is convicted of violating this section may be ordered by the court to pay restitution to the state to cover the costs of damages to fishery resources of the state and of removing the introduced fish species from the water of the state.

 (e) In this section,
     (1) “knowingly” has the meaning given in AS 11.81.900;

     (2) “nonindigenous fish” means a species of fish that is not native to the body of water in which the fish is released or is intended to be released;

     (3) “ornamental fish” means an aquatic finfish, commonly referred to as tropical fish, aquarium fish, or goldfish, an aquatic invertebrate, or an amphibian that is imported, cultured, or sold in the state customarily for viewing in an aquarium or for raising in an artificial containment system and that is not customarily used for sport fishing in the state or used for human consumption;

     (4) “water of the state” means any water of the state forming a river, stream, lake, pond, slough, creek, bay, sound, estuary, inlet, strait, passage, canal, sea, or ocean, or any other body of water or waterway within the territorial limits of the state.




Article 1. Buffalo, Musk Oxen, Elk, and Elephants.


Chapter 40. Commercial Use of Fish and Game.

Sec. 16.40.010. Disposition of surplus buffalo and musk oxen.
Whenever it is determined by the department that a surplus exists in the herds of buffalo and musk oxen under its control, the department may, under regulations adopted by it, grant the surplus or portions of it to persons, groups, associations, partnerships, or corporations for the purpose of raising and breeding the animals as domestic stock for commercial purposes, or for scientific and educational purposes. A person, group, association, partnership, or corporation may receive animals only after proving to the satisfaction of the department
     (1) intent to raise and breed the animals; and

     (2) possession of facilities for maintaining the animals under positive control.




Sec. 16.40.020. Sale of meat.
The sale of buffalo or musk oxen meat resulting from the slaughter of animals obtained under AS 16.40.010, or their offspring is authorized.


Sec. 16.40.030. Information required.
The recipient of animals obtained under AS 16.40.010 shall furnish the department the information the department requests regarding the status of the animals or their offspring.


Sec. 16.40.050. Capture or release of elk.
 (a) [Repealed, § 5 ch 41 SLA 2000.]
 (b) [Repealed, § 5 ch 41 SLA 2000.]
 (c) A live elk may not be captured from the wild or released into the wild without an appropriate license or permit from the department.

 (d) [Repealed, § 5 ch 41 SLA 2000.]
 (e) [Repealed, § 5 ch 41 SLA 2000.]




Sec. 16.40.060. Elephant permit.
The commissioner may issue a permit, subject to reasonable conditions established by the commissioner, to possess, import, or export an elephant. A permit may be issued only to a person who proves to the satisfaction of the commissioner that the person
     (1) intends to exhibit the animal commercially;

     (2) possesses facilities to maintain the animal under positive control and humane conditions; and

     (3) maintains personal injury and property damage insurance in an amount established by the commissioner.




Article 2. Aquatic Farming.


Sec. 16.40.100. Aquatic farm and hatchery permits.
 (a) A person may not, without a permit from the commissioner, construct or operate
     (1) an aquatic farm; or

     (2) a hatchery for the purpose of supplying aquatic plants or shellfish to an aquatic farm.

 (b) A permit issued under this section authorizes the permittee, subject to the conditions of AS 16.40.100 — 16.40.199 and AS 17.20, to
     (1) acquire, purchase, offer to purchase, transfer, possess, sell, and offer to sell stock and aquatic farm products that are used or reared at the hatchery or aquatic farm; and

     (2) except as provided in (f) of this section, harvest and, without further cultivation, sell an insignificant population that may be present at the aquatic farm site of a wild stock of a shellfish species intended to be cultured at the site.

 (c) The commissioner may attach conditions to a permit issued under this section that are necessary to protect natural fish and wildlife resources.

 (d) Notwithstanding other provisions of law, the commissioner may not issue a permit under this section for the farming of, or hatchery operations involving, Atlantic salmon.

 (e) Upon the expiration or termination of a permit issued under this section, a person who holds a permit for an aquatic farming site where wild stocks of shellfish indigenous to the site are cultured shall, as a condition of the permit, restore the wild stock of shellfish, as consistent with sustained yield management of the wild stock, to the population level that existed on the site when the permit for the site was initially issued by the commissioner. A permit holder is not required to restore that portion of the wild stock of shellfish that was removed from an aquatic farming site by a common property fishery conducted after the issuance of the permit for the aquatic farming site.

 (f) If the wild stock of a shellfish species to be cultured at an aquatic farm site exceeds the amount determined by the department to be an insignificant population and if the commissioner determines in writing that removal from the site of that portion of the stock that exceeds an insignificant population would benefit the public and that removal of the stock by a person other than the permittee would unreasonably interfere with the operation of the aquatic farm, the commissioner may authorize the permittee to remove and sell the excess amount of the wild stock from the site, if the permittee pays reasonable compensation, as defined by the department, to the department for the harvest and sale of the excess wild stock. The department shall deposit the money received under this subsection into the general fund. The legislature may appropriate the money received under this section to the department for shellfish management and enhancement.

 (g) The commissioner may not use the absence of wild geoduck stock within a management area described in AS 16.40.145 as the reason for denial of an aquatic farm permit under this section. If, under this section, the commissioner issues a permit for an aquatic farm to culture geoducks in a management area that does not have wild geoduck stocks when the permit is issued, the permit may not allow operations for that purpose in the intertidal habitat or environment.




Sec. 16.40.105. Criteria for issuance of permits.
The commissioner shall issue permits under AS 16.40.100 on the basis of the following criteria:
     (1) the physical and biological characteristics of the proposed farm or hatchery location must be suitable for the farming or the shellfish or aquatic plant proposed;

     (2) the proposed farm or hatchery may not require significant alterations in traditional fisheries or other existing uses of fish and wildlife resources;

     (3) the proposed farm or hatchery may not significantly affect fisheries, wildlife, or their habitats in an adverse manner;

     (4) the proposed farm or hatchery plans and staffing plans must demonstrate technical and operational feasibility; and

     (5) the proposed farm site may not include more than an insignificant population of a wild stock, on the site, of a shellfish species intended to be cultured.




Sec. 16.40.110. Permit application, renewal, and transfer.
 (a) An applicant for an aquatic farming or hatchery permit required under AS 16.40.100 shall apply on a form prescribed by the commissioner. An application for a permit must include a plan for the development and operation of the aquatic farm or hatchery, which must be approved by the commissioner before the permit is issued.

 (b) An application for renewal or transfer of a permit must be accompanied by fees required by the commissioner, a report of the disease history of the farm or hatchery covered by the permit, and evidence that satisfies the commissioner that the applicant has complied with the development plan required under (a) of this section. The commissioner may require a health inspection of the farm or hatchery as a condition of renewal. The department may conduct the inspection or contract with a disease diagnostician to conduct the inspection.

 (c) A person to whom a permit is transferred may use the permit only for the purposes for which the permit was authorized to be used by the transferor, and subject to the same conditions and limitations.




Sec. 16.40.120. Aquatic stock acquisition permits.
 (a) A person may not acquire aquatic plants or shellfish from wild stock in the state for the purpose of supplying stock to an aquatic farm or hatchery required to have a permit under AS 16.40.100 unless the person holds an acquisition permit from the commissioner.

 (b) An acquisition permit authorizes the permit holder to acquire the species and quantities of wild stock in the state specified in the permit for the purposes of supplying stock to
     (1) an aquatic farm or hatchery required to have a permit under AS 16.40.100;

     (2) the department.

 (c) The commissioner shall specify the expiration date of an acquisition permit and may attach conditions to an acquisition permit, including conditions relating to the time, place, and manner of harvest. Size, gear, place, time, licensing, and other limitations applicable to sport, commercial, or subsistence harvest of aquatic plants and shellfish do not apply to a harvest with a permit issued under this section. The commissioner of fish and game shall issue or deny a permit within 30 days after receiving an application.

 (d) The commissioner shall deny or restrict a permit under this section upon finding that the proposed harvest will impair sustained yield of the species or will unreasonably disrupt established uses of the resources by commercial, sport, personal use, or subsistence users. The commissioner shall inform the Board of Fisheries of any action taken on permit applications for species that support commercial fisheries subject to limited entry under AS 16.43 and of any permits denied because of unreasonable disruption of an established use. A denial of the permit by the commissioner must contain the factual basis for the findings.

 (e) The Board of Fisheries may adopt regulations for the conservation, maintenance, and management of species for which an acquisition permit is required.

 (f) Except as provided in (d) of this section or in a regulation adopted under (e) of this section, the commissioner shall issue a permit if
     (1) wild stock is necessary to meet the initial needs of farm or hatchery stock;

     (2) there are technological limitations on the propagation of culture stock for the species sought;

     (3) wild stock sought is not fully utilized by commercial, sport, personal use, or subsistence fisheries; or

     (4) wild stock is needed to maintain the gene pool of a hatchery or aquatic farm.

 (g) Aquatic plants and shellfish acquired under a permit issued under this section become the property of the permit holder and are no longer a public or common resource.




Sec. 16.40.130. Importation of aquatic plants or shellfish for stock.
A person may not import into the state an aquatic plant or shellfish for the purpose of supplying stock to an aquatic farm or hatchery unless authorized by a regulation of the Board of Fisheries.


Sec. 16.40.140. Limitation on sale, transfer of stock, and products.
 (a) A private hatchery required to have a permit under AS 16.40.100 may sell or transfer stock from the hatchery only to an aquatic farm or other hatchery that has a permit issued under AS 16.40.100, except that shellfish stock may also be sold or offered for sale to an aquatic farm or related hatchery outside of the state.

 (b) Stock may not be transferred to or from an aquatic farm or hatchery required to have a permit under AS 16.40.100 without prior notice of the transfer to the commissioner. A notice of transfer shall be submitted at least 45 days before the proposed date of transfer.

 (c) A notice of transfer must be accompanied by a report of a health inspection of the stock. The department shall conduct the inspection or contract with a disease diagnostician to conduct the inspection. The cost of inspection shall be borne by the department.

 (d) The department may restrict or disapprove a transfer of stock if it finds that the transfer would present a risk of spreading disease.

 (e) A person may not sell, transfer, or offer to sell or transfer, or knowingly purchase or receive, an aquatic farm product grown or propagated in the state unless the product was grown or propagated on a farm with a permit issued under AS 16.40.100. The permit must be in effect at the time of the sale, transfer, purchase, receipt, or offer.




Sec. 16.40.145. Geoduck seed transfer between a certified hatchery and an aquatic farm.
Consistent with AS 16.40.140(b) — (d), a hatchery certified under AS 16.40.100 may transfer geoduck seed to an aquatic farm located in a fisheries management area established under this title that is contiguous to the Gulf of Alaska.


Sec. 16.40.150. Disease control and inspection.
 (a) The department shall order the quarantine or the destruction and disposal of diseased hatchery stock or of aquatic farm products when necessary to protect wild stock. A holder of a permit issued under AS 16.40.100 shall report to the department an outbreak or incidence of disease among stock or aquatic farm products of the permit holder within 48 hours after discovering the outbreak or incidence.

 (b) A holder of a permit issued under AS 16.40.100 shall allow the department to inspect the permit holder’s farm or hatchery during operating hours and upon reasonable notice. The cost of inspection shall be borne by the department.

 (c) The department shall develop a disease management and control program for aquatic farms and hatcheries.

 (d) The department may enter into an agreement with a state or federal agency or a private, state-certified provider to provide services under (b) and (c) of this section, or inspections under AS 16.40.110(b).




Sec. 16.40.155. Records and reports confidential.
Records required by statute or by a regulation adopted by the department concerning aquatic farm stocks or production, prices, and harvests of aquatic farm products and wild stocks, and annual statistical reports of individual aquatic farms or hatcheries required by statute or by a regulation adopted by the department are confidential and may not be released by the department, except that the department may release the records and reports
     (1) to the Department of Revenue and the Department of Natural Resources to assist the departments in carrying out their respective statutory responsibilities;

     (2) as necessary to comply with a court order;

     (3) provided by an aquatic farm or hatchery permit holder to the permit holder whose activity is the subject of the records or reports;

     (4) regarding cumulative annual harvests of wild stocks at individual aquatic farm sites.




Sec. 16.40.160. Regulations.
The commissioner may adopt regulations necessary to implement AS 16.40.100 — 16.40.199.


Sec. 16.40.170. Penalty.
A person who violates a provision of AS 16.40.100 — 16.40.199, a regulation adopted under AS 16.40.100 — 16.40.199, or a term or condition of a permit issued under AS 16.40.100 — 16.40.199, is guilty of a class B misdemeanor.


Sec. 16.40.199. Definitions.
In AS 16.40.100 — 16.40.199,
     (1) “aquatic farm” means a facility that grows, farms, or cultivates aquatic farm products in captivity or under positive control;

     (2) “aquatic farm product” means an aquatic plant or shellfish, or part of an aquatic plant or shellfish, that is propagated, farmed, or cultivated in an aquatic farm and sold or offered for sale;

     (3) “aquatic plant” means a plant indigenous to state water or that is authorized to be imported into the state under a permit issued by the commissioner;

     (4) “commissioner” means the commissioner of fish and game;

     (5) “hatchery” means a facility for the artificial propagation of stock, including rearing of juvenile aquatic plants or shellfish;

     (6) “insignificant population” means a population of shellfish that, in the determination of the commissioner, would not attract and support a commercial fishery for that species of shellfish and the harvest and sale of the shellfish would not result in significant alteration in traditional fisheries or other existing uses of fish and wildlife resources if the population were included within an aquatic farm site;

     (7) “positive control” means, for mobile species, enclosed within a natural or artificial escape-proof barrier; for species with limited or no mobility, such as a bivalve or an aquatic plant, “positive control” also includes managed cultivation in unenclosed water;

     (8) “shellfish” means a species of crustacean, mollusk, or other invertebrate, in any stage of its life cycle, that is indigenous to state water or that is authorized to be imported into the state under a permit issued by the commissioner;

     (9) “stock” means live aquatic plants or shellfish acquired, collected, possessed, or intended for use by a hatchery or aquatic farm for the purpose of further growth or propagation.




Article 3. Finfish Farming.


Sec. 16.40.210. Finfish farming prohibited.
 (a) A person may not grow or cultivate finfish in captivity or under positive control for commercial purposes.

 (b) This section does not restrict
     (1) the fishery rehabilitation, enhancement, or development activities of the department;

     (2) the ability of a nonprofit corporation that holds a salmon hatchery permit under AS 16.10.400 to sell salmon returning from the natural water of the state, as authorized under AS 16.10.450, or surplus salmon eggs, as authorized under AS 16.10.420 and 16.10.450;

     (3) rearing and sale of ornamental finfish for aquariums or ornamental ponds provided that the fish are not reared in or released into water of the state.

 (c) In this section “ornamental finfish” means fish commonly known as “tropical fish,” “aquarium fish,” or “goldfish,” that are imported, cultured, or sold in the state customarily for viewing in aquaria or for raising in artificial systems, and not customarily used for sport fishing or human consumption purposes.




Article 4. Fishery Associations.


Sec. 16.40.240. Regional dive fishery development associations.
 (a) The commissioner shall assist in and encourage the formation of qualified regional dive fishery development associations for the purpose of developing dive fisheries in administrative areas of the state in which dive fisheries exist. A regional dive fishery development association is qualified if the commissioner determines that the regional association
     (1) is incorporated as a nonprofit corporation under AS 10.20;

     (2) represents commercial fishermen who participate in each dive fishery in the region; and

     (3) possesses a board of directors that
          (A) is representative of commercial dive fishermen who fish in each of the significant commercial dive fishing areas in the administrative area;

          (B) has a member who is representative of fish processors who process dive fishery resources in the administrative area; and

          (C) has a member who is representative of municipalities in the administrative area.

 (b) In this section, “administrative area” has the meaning given in AS 43.76.210.




Sec. 16.40.250. Salmon fishery associations.
The commissioner may assist in and encourage the formation of qualified salmon fishery associations for the purpose of promoting the consolidation of the fishing fleet in a salmon fishery for which the Alaska Commercial Fisheries Entry Commission has issued commercial fishing entry permits under AS 16.43. A salmon fishery association is qualified if the commissioner determines that the regional association
     (1) is incorporated as a nonprofit corporation under AS 10.20;

     (2) is comprised of interim-use permit and entry permit holders in the salmon fishery for which the association is established; and

     (3) has a board of directors that is comprised of interim-use permit and entry permit holders in the salmon fishery.




Article 5. Salt Water Sport Fishing Services.


Sec. 16.40.260. Sport fishing operator license. [Repealed, § 8, ch. 70, SLA 2004, as amended by § 3, ch. 61, SLA 2009, § 1, ch. 48, SLA 2010, § 1, ch. 13, SLA 2011, and § 1, ch. 30, SLA 2012.]
Sec. 16.40.261. Salt water sport fishing operator license.
 (a) The department shall issue an annual salt water sport fishing operator license to a person who
     (1) holds a current business license under AS 43.70 to provide services to sport fishermen;

     (2) presents proof satisfactory to the department of a general liability insurance policy or marine protection and indemnity insurance policy, covering the services provided by the person and the person’s employees to sport fishermen, that provides coverage of at least $100,000 for each incident and $300,000 for all incidents in a year;

     (3) pays the license fee prescribed by AS 16.05.340(a); and

     (4) satisfies all additional requirements adopted in regulation by the Board of Fisheries.

 (b) A person may not provide salt water sport fishing services unless the person is licensed and insured under (a) of this section.

 (c) A person licensed under this section may contract to provide salt water sport fishing guide services to a sport fisherman through an employee who holds a current salt water sport fishing guide license under AS 16.40.271.

 (d) A person licensed under this section may not directly provide salt water sport fishing guide services to a sport fisherman unless the person is also licensed as a salt water sport fishing guide, or a guide and operator, under AS 16.40.271.

 (e) A person licensed as a salt water sport fishing operator may not aid in the commission of a violation of AS 16.05 - AS 16.40 or a regulation adopted under AS 16.05 - AS 16.40, including regulations relating to the proper method to release fish, by a salt water sport fishing guide who is employed by the person or by a sport fisherman who is a client of the person.

 (f) In this section, “salt water sport fishing services” means the indirect provision of assistance, for compensation or with the intent to receive compensation, to a person engaged in sport fishing in salt water in taking or attempting to take fish or shellfish by a business that employs a salt water sport fishing guide to provide salt water sport fishing guide services to the person during any portion of a sport fishing trip on salt water; “salt water sport fishing services” does not include
     (1) an activity for which a salt water sport fishing guide license is required; or

     (2) booking and other ancillary services provided by a tour broker or agent to a salt water sport fishing operator.




Sec. 16.40.270. Sport fishing guide license. [Repealed, § 8, ch. 70, SLA 2004, as amended by § 3, ch. 61, SLA 2009, § 1, ch. 48, SLA 2010, § 1, ch. 13, SLA 2011, and § 1, ch. 30, SLA 2012.]
Sec. 16.40.271. Salt water sport fishing guide license; combined operator and guide license.
 (a) A natural person may obtain an annual salt water sport fishing guide license if the person
     (1) is a citizen of the United States, Canada, or Mexico, or is a resident alien;

     (2) is certified in first aid by the American Red Cross or a similar organization;

     (3) holds a current sport fishing license from the state;

     (4) pays the license fee prescribed by AS 16.05.340(a); and

     (5) satisfies all additional requirements adopted in regulation by the Board of Fisheries.

 (b) A natural person may obtain an annual salt water sport fishing operator and guide combined license if the person satisfies the requirements for a salt water sport fishing operator license under AS 16.40.261 and for a license under this section and pays the license fee prescribed by AS 16.05.340(a).

 (c) A person may not provide salt water sport fishing guide services unless the person
     (1) holds a current salt water sport fishing guide license under (a) or (b) of this section; and

     (2) holds, or is an employee of a person who holds, a current salt water sport fishing operator license under AS 16.40.261 or (b) of this section.

 (d) A salt water sport fishing guide may provide salt water sport fishing guide services only to persons who have engaged the services of the salt water sport fishing operator who employs the salt water sport fishing guide. A salt water sport fishing guide may not contract directly with a person to provide salt water sport fishing guide services unless the guide also holds a current salt water sport fishing operator license.

 (e) While providing salt water sport fishing guide services, a guide shall have readily available for inspection
     (1) a current license issued under AS 16.05.340(a)(27)(B) or (C);

     (2) the current licenses, tags, and permits required to engage in the sport fishery for which the salt water sport fishing guide is providing services;

     (3) a driver’s license or valid government-issued photographic identification card; and

     (4) proof of
          (A) employment as a salt water sport fishing guide by a person who holds a current license under AS 16.05.340(a)(27)(A) or (C); or

          (B) current licensure under AS 16.05.340(a)(27)(A) or (C).

 (f) A salt water sport fishing guide may not
     (1) aid in the commission of a violation of AS 16.05 - AS 16.40 or a regulation adopted under AS 16.05 - AS 16.40 by a client of the guide; or

     (2) permit a client to commit a violation of AS 16.05 - AS 16.40 or a regulation adopted under AS 16.05 - AS 16.40 that the guide knows or reasonably believes is being or will be committed without
          (A) attempting to prevent it, short of using force; and

          (B) reporting the violation.




Sec. 16.40.280. Reports. [Repealed, § 8, ch. 70, SLA 2004, as amended by § 3, ch. 61, SLA 2009, § 1, ch. 48, SLA 2010, § 1, ch. 13, SLA 2011, and § 1, ch. 30, SLA 2012.]
Sec. 16.40.290. Penalty. [Repealed, § 8, ch. 70, SLA 2004, as amended by § 3, ch. 61, SLA 2009, § 1, ch. 48, SLA 2010, § 1, ch. 13, SLA 2011, and § 1, ch. 30, SLA 2012.]
Sec. 16.40.291. Penalty.
 (a) Except as provided in (b) of this section, a person who knowingly violates AS 16.40.261 - 16.40.300 or a regulation adopted under AS 16.40.261 - 16.40.300 is guilty of a class A misdemeanor. However, this subsection does not apply to the failure to hold a current business license under AS 16.40.261(a)(1) as required under AS 43.70.

 (b) A person who, without any culpable mental state, violates AS 16.40.271(e) is guilty of a violation.

 (c) A person who knowingly violates AS 16.40.271(e) is, for a
     (1) first offense in a three-year period, guilty of a violation; and

     (2) second or subsequent offense in a three-year period, guilty of a class B misdemeanor.

 (d) In addition to any other penalty provided by law, a court may revoke the salt water sport fishing guide license of a person who is convicted under (a) or (c)(2) of this section.

 (e) In this section, “knowingly” has the meaning given in AS 11.81.900(a).




Sec. 16.40.299. Definitions. [Repealed, § 8, ch. 70, SLA 2004, as amended by § 3, ch. 61, SLA 2009, § 1, ch. 48, SLA 2010, § 1, ch. 13, SLA 2011, and § 1, ch. 30, SLA 2012.]
Sec. 16.40.300. Definitions.
In AS 16.40.261 — 16.40.300,
     (1) “salt water sport fishing guide” means a person who is licensed to provide salt water sport fishing guide services to persons who are engaged in sport fishing;

     (2) “salt water sport fishing guide services” means assistance, for compensation or with the intent to receive compensation, to a sport fisherman to take or to attempt to take fish by accompanying or physically directing the sport fisherman in sport fishing activities on salt water during any part of a sport fishing trip; “salt water sport fishing guide services” does not include
          (A) sport fishing services; or

          (B) services provided by an assistant, deckhand, or similar person who works directly under the supervision of and on the same vessel as a salt water sport fishing guide.




Article 1. Alaska Commercial Fisheries Entry Commission.


Chapter 43. Regulation of Entry into Alaska Commercial Fisheries.

Sec. 16.43.010. Purpose and findings of fact.
 (a) It is the purpose of this chapter to promote the conservation and the sustained yield management of Alaska’s fishery resource and the economic health and stability of commercial fishing in Alaska by regulating and controlling entry of participants and vessels into the commercial fisheries in the public interest and without unjust discrimination.

 (b) The legislature finds that commercial fishing for fishery resources has reached levels of participation, on both a statewide and an area basis, that have impaired or threaten to impair the economic welfare of the fisheries of the state, the overall efficiency of the harvest, and the sustained yield management of the fishery resource.




Sec. 16.43.020. Alaska Commercial Fisheries Entry Commission.
 (a) There is established the Alaska Commercial Fisheries Entry Commission as a regulatory and quasi-judicial agency of the state. The commission consists of three members appointed by the governor and confirmed by the legislature in joint session.

 (b) The governor shall designate one member of the commission as chairman of the commission. The member designated shall serve as chairman for a term of two years, and may be designated chairman for successive two-year terms.




Sec. 16.43.030. Term of office; vacancy and removal.
 (a) The members of the commission shall be appointed for terms of four years.

 (b) A vacancy on the commission shall be filled by appointment by the governor and the appointment shall be confirmed by the legislature in joint session. Except as provided in AS 39.05.080(4), a member selected to fill a vacancy shall hold office for the balance of the full term for which the member’s predecessor on the commission was appointed.

 (c) A vacancy on the commission does not impair the authority of a quorum of commissioners to exercise all the powers and perform all the duties of the commission.

 (d) The governor may remove a commissioner from office for cause, including but not limited to incompetence, neglect of duty, or misconduct in office. A commissioner being removed for cause shall be given a copy of the charges and afforded an opportunity to publicly present a defense in person or by counsel upon not less than 10 days’ notice. If a commissioner is removed for cause, the governor shall file with the lieutenant governor a complete statement of all charges made against the commissioner and the governor’s findings based on the charges, together with a complete record of the proceedings.




Sec. 16.43.040. Quorum.
Two members of the commission constitute a quorum for the transaction of business, for the performance of a duty, or for the exercise of a power of the commission.


Sec. 16.43.050. Qualifications.
The commission shall consist of three members with a broad range of professional experience, none of whom has a vested economic interest in an interim-use permit, entry permit, commercial fishing vessel or gear, or in any fishery resource processing or marketing business.


Sec. 16.43.060. Compensation.
Members of the commission are in the exempt service and are entitled to a monthly salary equal to a step in Range 27 of the salary schedule in AS 39.27.011.


Sec. 16.43.070. Legal counsel.
The attorney general is the legal counsel for the commission. The attorney general shall advise the commission in legal matters arising in the discharge of its duties and represent the commission in suits to which it is a party. However, the commission may retain additional legal counsel as appropriate.


Sec. 16.43.080. Employment of personnel.
 (a) The commission may employ those persons necessary to carry out the purposes of this chapter. Employees of the commission are in the exempt service under AS 39.25.110.

 (b) In addition to its staff of regular employees, the commission may contract for and engage the services of consultants, experts, and hearing officers as necessary.




Sec. 16.43.100. Duties and general powers.
 (a) To accomplish the purposes set out in AS 16.43.010, the commission shall
     (1) regulate entry into the commercial fisheries for all fishery resources in the state;

     (2) establish priorities for the application of the provisions of this chapter to the various commercial fisheries of the state;

     (3) establish administrative areas suitable for regulating and controlling entry into the commercial fisheries;

     (4) establish, for all types of gear, the maximum number of entry permits for each administrative area;

     (5) designate, when necessary to accomplish the purposes of this chapter, particular species for which separate interim-use permits or entry permits will be issued;

     (6) establish qualifications for the issuance of entry permits;

     (7) issue entry permits to qualified applicants;

     (8) issue interim-use permits as provided in AS 16.43.210, 16.43.220, and 16.43.225;

     (9) establish, for all types of gear, the optimum number of entry permits for each administrative area;

     (10) administer the buy-back program provided for in AS 16.43.310 and 16.43.320 to reduce the number of outstanding entry permits to the optimum number of entry permits;

     (11) provide for the transfer and reissuance of entry permits to qualified transferees;

     (12) provide for the transfer and reissuance of entry permits for alternative types of legal gear, in a manner consistent with the purposes of this chapter;

     (13) establish and administer the collection of the annual fees provided for in AS 16.43.160;

     (14) administer the issuance of commercial fishing vessel licenses under AS 16.05.490;

     (15) issue educational entry permits to applicants who qualify under the provisions of AS 16.43.340 — 16.43.390;

     (16) establish reasonable user fees for services;

     (17) issue landing permits under AS 16.05.675 and regulations adopted under that section;

     (18) establish and collect annual fees for the issuance of landing permits that reasonably reflect the costs incurred in the administration and enforcement of provisions of law related to landing permits;

     (19) establish a moratorium on entry into commercial fisheries as provided in AS 16.43.225;

     (20) when requested by a regional development organization formed under former AS 44.33.895, provide to the organization, without charge, public information contained in the commission’s data with respect to relevant fisheries, including limited fisheries, fishery participants, and limited entry permit holders’ harvests and earnings; and

     (21) administer, when necessary to accomplish the purposes of this chapter, a Bering Sea hair crab fishery vessel permit system under AS 16.43.451 — 16.43.521.

 (b) The commission may do all things necessary to the exercise of its powers under this chapter, whether or not specifically designated in this chapter.




Sec. 16.43.105. Accounting and disposition of fees. [Repealed, § 28 ch 90 SLA 1991. For current law, see AS 37.05.142 — 37.05.144.]
Sec. 16.43.110. Regulations and hearing procedures.
 (a) The commission may adopt regulations, consistent with law, necessary or proper in the exercise of its powers or for the performance of its duties under this chapter.

 (b) The commission shall adopt regulations, consistent with due process of law, that govern practice and procedure and the conduct of all investigations, hearings, and proceedings that it holds.

 (c) The Alaska Rules of Evidence apply to investigations, hearings, and proceedings before the commission, except when the commission determines that their application is not required in order to assure fair treatment of all parties and that the evidence is relevant and of the sort on which responsible persons are accustomed to rely in the conduct of serious matters.

 (d) The commission, a commissioner, or an employee authorized by the commission may administer oaths, certify to all official acts, and issue subpoenas and other process to compel the attendance of witnesses and the production of testimony, records, papers, accounts, and documents in an inquiry, investigation, hearing, or proceeding before the commission in any part of the state. The commission may petition a court to enforce its subpoenas or other process.

 (e) The commission shall adopt regulations to provide for the correction of administrative error.




Sec. 16.43.120. Application of Administrative Procedure Act.
 (a) The administrative adjudication procedures of AS 44.62 (Administrative Procedure Act) do not apply to adjudicatory proceedings of the commission except that final administrative determinations by the commission are subject to judicial review as provided in AS 44.62.560 — 44.62.570.

 (b) AS 44.62.010 — 44.62.320 and 44.62.640 apply to regulations adopted by the commission.




Article 2. Entry Permit System.


Sec. 16.43.140. Permit required.
 (a) A person may not operate gear in the commercial taking of fishery resources without a valid entry permit or a valid interim-use permit issued by the commission.

 (b) A permit is not required of a crewmember or other person assisting in the operation of a unit of gear engaged in the commercial taking of fishery resources as long as the holder of the entry permit or the interim-use permit for that particular unit of gear is at all times present and actively engaged in the operation of the gear.

 (c) A person may hold more than one interim-use or entry permit issued or transferred under this chapter only for the following purposes:
     (1) fishing more than one type of gear;

     (2) fishing in more than one administrative area;

     (3) harvesting particular species for which separate interim-use or entry permits are issued;

     (4) if authorized by regulations of the commission, fishing an entire unit of gear in a fishery in which the commission has issued entry permits for less than a unit of gear under AS 16.43.270(d); under this paragraph, a person may not hold more than two entry permits for a fishery; however, the person may not
          (A) fish more than one unit of gear in the fishery; or

          (B) acquire a second entry permit for the fishery after the person has acquired an entry permit that authorizes the use of an entire unit of gear in the fishery;

     (5) consolidation of the fishing fleet for a salmon fishery; however, a person may hold not more than two entry permits for a salmon fishery under this paragraph, but the person who holds two entry permits for a salmon fishery may not engage in fishing under the second entry permit.




Sec. 16.43.150. Terms and conditions of entry permit; annual renewal.
 (a) Except as may be otherwise provided under AS 16.43.270(d), an entry permit authorizes the permittee to operate a unit of gear within a specified fishery.

 (b) The holder of an entry permit shall have the permit in possession at all times when engaged in the operation of gear for which it was issued.

 (c) Each entry permit is issued for a term of one year and is renewable annually.

 (d) Failure to renew an entry permit for a period of two years from the year of last renewal results in a forfeiture of the entry permit to the commission, except as waived by the commission for good cause. An entry permit may not be renewed until the fees for each preceding year during which the entry permit was not renewed are paid. However, failure to renew an entry permit in a year in which there is an administrative closure for the entire season for a specific fishery is good cause not to renew the entry permit. The commission shall waive the payment of fees for that year.

 (e) An entry permit constitutes a use privilege that may be modified or revoked by the legislature without compensation.

 (f) Except for permits that are not transferable under AS 16.43.170(e), an entry permit survives the death of the holder.

 (g) Except as provided in AS 16.10.333 — 16.10.338, AS 44.81.215, 44.81.225, and 44.81.231 — 44.81.250, an entry permit may not be
     (1) pledged, mortgaged, leased, or encumbered in any way;

     (2) transferred with any retained right of repossession or foreclosure, or on any condition requiring a subsequent transfer; or

     (3) attached, distrained, or sold on execution of judgment or under any other process or order of any court, except as provided in AS 16.43.170(g) and (h).

 (h) Unless an entry permit holder has expressed a contrary intent in a will that is probated, the commission shall, upon the death of the permit holder, transfer the permanent permit by right of survivorship directly to the surviving spouse or, if no spouse survives, to a natural person designated by the permit holder on a form provided by the commission. If no spouse survives and if the person designated on the form, if any, does not survive, the permit passes as part of the permit holder’s estate. A designation under this subsection must be acknowledged before a person authorized to administer an oath under AS 09.63.010 or must be witnessed by two persons who are qualified under AS 13.12.505 to witness the will of the permit holder. Except as provided in AS 16.10.333 — 16.10.337, AS 44.81.215, and 44.81.231 — 44.81.250, the permit is exempt from the claims of creditors of the estate.

 (i) The holder of a transferable or nontransferable entry permit or of an interim-use permit may voluntarily relinquish the permit to the commission.




Sec. 16.43.160. Fees.
 (a) Except as specifically provided in this section, the commission shall establish annual fees for the issuance and annual renewal of entry permits or interim-use permits.

 (b) The commission may charge interest at a rate not to exceed the legal rate of interest established in AS 45.45.010 on fees more than 60 days overdue.

 (c) The annual base fee for issuance or renewal of an entry permit or an interim-use permit may not be less than $30 or more than $3,000. The annual base fee must reasonably reflect the different rates of economic return for different fisheries. In addition to the annual base fee established by the commission under this subsection, a nonresident shall pay an annual nonresident surcharge for the issuance or renewal of one or more entry permits or interim-use permits. The commission shall establish the annual nonresident surcharge by regulation at an amount that is as close as is practicable to the maximum allowed by law.

 (d) The holder of a permit whose household income, assets, and financial resources fall within the eligibility standards for the food stamp program under 7 U.S.C. 2011 — 2025, as amended, is subject to an annual base fee for the issuance or renewal of an entry permit or an interim-use permit that is equal to 50 percent of the annual base fee that the permit holder would otherwise pay under (c) of this section. In addition to the reduced annual base fee under this subsection, a nonresident who qualifies for a reduced fee under this subsection shall pay the annual nonresident surcharge established under (c) of this section.




Sec. 16.43.170. Transfer of entry permits.
 (a) Except as provided in AS 16.10.333 — 16.10.338 and in AS 44.81.231 — 44.81.250, entry permits and interim-use permits are transferable only through the commission as provided in this section and AS 16.43.180 and under regulations adopted by the commission. An involuntary transfer of an entry permit in a manner inconsistent with the statutes of this state and the regulations of the commission is void.

 (b) Except as provided in (e) of this section, the holder of an entry permit may transfer the permit to another person or to the commission upon 60 days notice of intent to transfer under regulations adopted by the commission. No sooner than 60 days nor later than 12 months from the date of notice to the commission, the holder of an entry permit may transfer the permit. If the proposed transferee, other than the commission, can demonstrate the present ability to participate actively in the fishery and the transfer does not violate any provision of this chapter or regulations adopted under this chapter, and if a certificate for the permit under AS 16.10.333(b)(1) — (2), 16.10.338, or AS 44.81.231(a) is not in effect, the commission shall approve the transfer and reissue the entry permit to the transferee provided that neither party is prohibited by law from participating in the transfer.

 (c) [Repealed, § 10 ch 135 SLA 2002.]
 (d) [Repealed, § 9 ch 73 SLA 1977.]
 (e) The holder of an entry permit who qualified for that entry permit in a priority classification designated under AS 16.43.250(c) may not transfer that permit.

 (f) The permanent transfer of an entry permit is void if proceedings in which commercial fishing privileges and licenses may be suspended under AS 16.05.710 are pending against the permit holder at the time of transfer unless the transfer of the entry permit is allowed by order of the court in which the proceedings are pending.

 (g) A person may request the commission to transfer an entry permit due to an execution on a permit holder’s interest in that permit if the execution is to enforce a lien recorded with the commission under AS 25.27.230(c). The request shall be made in the form and manner provided in this chapter and regulations adopted under this chapter. The commission may deny a request for transfer of an entry permit due to an execution of a holder’s interest in that permit if
     (1) the execution does not comply with legal requirements or otherwise is not valid;

     (2) the transfer violates this chapter or regulations adopted under this chapter;

     (3) the proposed transferee or other party to the transfer is prohibited by law from participating in the transaction;

     (4) a certificate for the permit under AS 16.10.333(b)(1) — (2), 16.10.338, or AS 44.81.231(a) is in effect at the time of the proposed transfer;

     (5) the proposed transferee of the entry permit, other than the commission, cannot demonstrate the present ability to actively participate in the fishery; or

     (6) the holder of the entry permit as shown by the records of the commission demonstrates, under regulations adopted by the commission, that the entry permit is a necessary means of support for the holder and those dependent upon the holder.

 (h) Notwithstanding (g) of this section, the commission may not approve a request for transfer of an entry permit after an execution sale unless the parties to the transfer offer the commission a right to purchase the permit at the same price and on the same terms as those of that execution sale. If the commission exercises its right to purchase the permit, the permit then shall be transferred to the commission.




Sec. 16.43.180. Emergency transfers.
 (a) The commission shall adopt regulations providing for the temporary emergency transfer of entry permits and interim-use permits when illness, disability, death, required military or government service, or other unavoidable hardship prevents the permit holder from participating in the fishery. To alleviate hardship pending a final determination of the permit holder’s eligibility for an entry permit, the commission shall adopt regulations providing for the temporary emergency transfer of an interim-use permit issued under AS 16.43.210(b) or 16.43.225.

 (b) The commission shall adopt regulations providing for the temporary transfer of an entry permit upon the death of the permittee pending final disposition of the permit as a part of the permittee’s estate.




Sec. 16.43.182. Entry permit deductible as business expense. [Repealed, § 36 ch 14 SLA 1987.]

Article 3. Initial Issuance of Entry Permits.


Sec. 16.43.200. Administrative areas.
 (a) The commission shall establish administrative areas suitable for regulating and controlling entry into the commercial fisheries. The commission shall make the administrative areas reasonably compatible with the geographic areas for which specific commercial fishing regulations are adopted by the Board of Fisheries.

 (b) The commission may modify or change the boundaries of administrative areas when necessary and consistent with the purposes of this chapter.




Sec. 16.43.210. Interim-use permit; qualifications.
 (a) For each fishery that is not subject to a maximum number of entry permits under AS 16.43.240 and not subject to a moratorium under AS 16.43.225, the commission shall issue interim-use permits under regulations adopted by the commission to all applicants who can establish their present ability to participate actively in the fishery for which they are making application.

 (b) Before the issuance of the maximum number of entry permits for a given fishery, the commission may issue an interim-use permit to an applicant who may later become eligible for an entry permit under AS 16.43.270.

 (c) To the extent that the commissioner of fish and game authorizes it under AS 16.05.050(a)(9), the commission may grant an interim-use permit to a person to engage in the commercial taking from a fishery on an experimental basis.

 (d) The sustained yield management and economic health of the following fisheries is severely impaired as a result, among other factors, of too many units of gear participating in the commercial harvest:
     (1) Bristol Bay registration area — drift gillnet fishery;

     (2) Cook Inlet registration area — drift gillnet fishery;

     (3) Prince William Sound registration area — drift gillnet fishery.

 (e) [Repealed, § 69 ch 6 SLA 1984.]




Sec. 16.43.220. Terms and conditions of interim-use permits.
 (a) The commission shall adopt regulations specifying the dates and places of application, the procedures to be followed in renewal of the interim-use permit including the time, place of its renewal, and for any other purpose incident to the administration of interim-use permits for that fishery. An interim-use permit shall expire upon the final determination of the holder’s eligibility for an entry permit.

 (b) [Repealed, § 9 ch 73 SLA 1977.]
 (c) The holder of an interim-use permit shall have the permit in possession at all times when engaged in the operation of the gear for which it was issued.




Sec. 16.43.225. Moratorium on new entrants into certain fisheries.
 (a) Subject to (b) of this section, the commission may establish a moratorium on new entrants into a fishery
     (1) that has experienced recent increases in fishing effort that are beyond a low, sporadic level of effort;

     (2) that has achieved a level of harvest that may be approaching or exceeding the maximum sustainable level for the fishery; and

     (3) for which there is insufficient biological and resource management information necessary to promote the conservation and sustained yield management of the fishery.

 (b) The commission may establish a moratorium on new entrants into a fishery described in (a) of this section if
     (1) the commissioner of fish and game, subject to AS 16.05.251(g), petitions the commission under AS 44.62.220 to establish a moratorium on new entrants into the fishery; and

     (2) the commission finds that
          (A) the fishery has reached a level of participation that may threaten the conservation and the sustained yield management of the fishery resource and the economic health and stability of commercial fishing; and

          (B) the commission has insufficient information to conclude that the establishment of a maximum number of entry permits under AS 16.43.240 would further the purposes of this chapter.

 (c) The commission may establish a moratorium under this section for a continuous period of up to four years. A fishery that has been subject to a moratorium under this section may not be subjected to a subsequent moratorium under this section unless five years have elapsed since the previous moratorium expired.

 (d) While a moratorium is in effect, the commission shall conduct investigations to determine whether a maximum number of entry permits should be established under AS 16.43.240 by
     (1) conducting research into conditions in the fishery;

     (2) consulting with the Department of Fish and Game and the Board of Fisheries; and

     (3) consulting with participants in the fishery.

 (e) The commission shall establish by regulation the qualifications for applicants for an interim-use permit for a fishery subject to a moratorium under this section. The qualifications must include the minimum requirements for past or present participation and harvest in the fishery. The commission may not issue an interim-use permit for a fishery subject to a moratorium under this section unless the applicant can satisfy the qualifications established under this subsection and establish the present ability and intent to participate actively in the fishery.




Sec. 16.43.227. Southeast Alaska Dungeness crab fishery.
 (a) The commission may establish a moratorium on new entrants into the southeast Alaska Dungeness crab fishery for a continuous period of up to four years without complying with AS 16.43.225(a) — (c). While the moratorium is in effect, the commission shall
     (1) conduct the investigation required under AS 16.43.225(d);

     (2) establish by regulation the qualifications for an interim-use permit for the fishery, including minimum requirements for past or present participation and harvest in the fishery; and

     (3) issue interim-use permits for the fishery to applicants who satisfy the qualifications established under (2) of this subsection and who establish the present ability and intent to participate actively in the fishery.

 (b) Notwithstanding AS 16.43.225, for the purposes of this chapter
     (1) an interim-use permit issued under this section shall be treated as an interim-use permit issued under AS 16.43.225;

     (2) a moratorium established under this section shall be treated as a moratorium established under AS 16.43.225.




Sec. 16.43.228. Southeast Alaska dive fisheries.
 (a) [Repealed, § 4 ch 125 SLA 1996.]
 (b) [Repealed, § 4 ch 125 SLA 1996.]
 (c) [Repealed, § 4 ch 125 SLA 1996.]
 (d) [Repealed, § 4 ch 125 SLA 1996.]
 (e) [Repealed, § 22 ch 9 SLA 2014.]
 (f) Notwithstanding AS 16.43.225, for the purposes of this chapter,
     (1) an interim-use permit issued under this section shall be treated as an interim-use permit issued under AS 16.43.225;

     (2) a moratorium established under this section shall be treated as a moratorium established under AS 16.43.225.

 (g) The commission may not consider participation in a fishery, subject to a moratorium on entry under this section, that occurs during the period of the moratorium in determining eligibility for an entry permit that may be issued for the fishery after termination of the moratorium.




Sec. 16.43.230. Designation of distressed fisheries.
Pending the determination of maximum numbers of entry permits under AS 16.43.240 and before the initial issue of entry permits under AS 16.43.270, the commission shall designate as distressed fisheries those for which it estimates that the optimum number of entry permits will be less than the highest number of units of gear fished in that fishery during any one of the four years immediately preceding January 1, 1973.


Sec. 16.43.240. Determination of the maximum number of entry permits for initial issue.
 (a) Except as provided in AS 16.43.270(a), the maximum number of entry permits for a distressed fishery designated under AS 16.43.230 shall be the highest number of units of gear fished in that fishery during any one of the four years immediately preceding January 1, 1973.

 (b) When the commission finds that a fishery, not designated as a distressed fishery under AS 16.43.230 or not subject to a moratorium under AS 16.43.225, has reached levels of participation that require the limitation of entry under AS 16.43.140 — 16.43.330 in order to achieve the purposes of this chapter, the commission shall establish the maximum number of entry permits for that fishery.

 (c) When the commission finds that a fishery subject to a moratorium under AS 16.43.225 has reached levels of participation that require the limitation of entry under AS 16.43.140 — 16.43.330 in order to achieve the purposes of this chapter, the commission shall establish the maximum number of entry permits for that fishery.




Sec. 16.43.250. Standards for initial issue of entry permits.
 (a) Following the establishment of the maximum number of units of gear for a particular fishery under AS 16.43.240, the commission shall adopt regulations establishing qualifications for ranking applicants for entry permits according to the degree of hardship that they would suffer by exclusion from the fishery. The regulations shall define priority classifications of similarly situated applicants based upon a reasonable balance of the following hardship standards:
     (1) degree of economic dependence upon the fishery, including, when reasonable for the fishery, the percentage of income derived from the fishery, reliance on alternative occupations, availability of alternative occupations, investment in vessels and gear;

     (2) extent of past participation in the fishery, including, when reasonable for the fishery, the number of years of participation in the fishery, and the consistency of participation during each year.

 (b) The commission shall designate in the regulations those priority classifications of applicants who would suffer significant economic hardship by exclusion from the fishery.

 (c) The commission shall designate in the regulations those priority classifications of applicants who would suffer only minor economic hardship by exclusion from the fishery.

 (d) If an individual eligible to apply under AS 16.43.260(a) has applied during application periods established under AS 16.43.260(b) for two or more entry permits under AS 16.43.260(d) or (e) for the same specific fishery resource and the same specific type of gear in different administrative areas, but has failed to qualify for an entry permit for that type of fishery resource and gear, the individual’s cumulative qualifications may be credited to the fishery for which the individual is most qualified. The commission shall issue an entry permit to the individual for the fishery if the individual’s cumulative qualifications result in placing the individual in a category designated in (b) of this section. The qualifications credited to a fishery under this subsection may not be considered for the purpose of ranking the applicant under (a)-(c) of this section for any other fishery. The commission may not revoke any permit previously issued notwithstanding the issuance of permits in excess of the maximum number established under AS 16.43.230 — 16.43.240 as a result of this subsection. In this subsection, “fishery” includes all salmon fisheries of the state for which a maximum number of entry permits has been established by the commission under AS 16.43.240(b).

 (e) If the cumulative qualifications of an individual under (d) of this section include points granted by the commission under (a) of this section for more than one fishery and the number of points required to place an applicant in the priority classification under (b) of this section is not the same for each of the fisheries, the commission shall obtain a quotient for the individual by dividing the number of points the individual has been granted for each fishery by the number of points needed to place an applicant in a priority classification under (b) of this section for that fishery. If the sum of the quotients obtained under this subsection equals or exceeds 1.00, the individual is entitled to a permit under (d) of this section.




Sec. 16.43.260. Application for initial issue of entry permits.
 (a) The commission shall accept applications for entry permits only from applicants who have harvested fishery resources commercially while participating in the fishery as holders of gear licenses issued under former AS 16.05.536 — 16.05.670 or interim-use permits under AS 16.43.210(a) or 16.43.225 before the qualification date established in (d), (e), or (f) of this section. The commission may specify by regulation the calendar years of participation that will be considered for eligibility purposes.

 (b) The commission shall establish the opening and closing dates, places and form of application for entry permits for each fishery. The commission may require the submission of specific verified evidence establishing the applicant’s qualifications under the regulations adopted under AS 16.43.250.

 (c) When an applicant is unable to establish qualifications for an entry permit by submitting the specific verified evidence required in the application by the commission, the applicant may request and obtain an administrative adjudication of the application according to the procedures established in AS 16.43.110(b). At the hearing the applicant may present alternative evidence of qualifications for an entry permit.

 (d) Except as provided in (e) or (f) of this section, an applicant shall be assigned to a priority classification based solely upon the applicant’s qualifications as of January 1, 1973.

 (e) Except as provided in (f) of this section, when the commission establishes the maximum number of entry permits for a particular fishery under AS 16.43.240 after January 1, 1975, an applicant shall be assigned to a priority classification based solely upon the applicant’s qualifications as of January 1 of the year during which the commission establishes the maximum number of entry permits for the fishery for which application is made.

 (f) When the commission establishes the maximum number of entry permits under AS 16.43.240 for a fishery that is subject to a moratorium under AS 16.43.225, an applicant for an entry permit for the fishery shall be assigned to a priority classification based solely upon the applicant’s qualifications as of the effective date of the statute or regulation establishing the moratorium.




Sec. 16.43.270. Initial issuance of entry permits.
 (a) The commission shall issue entry permits, for each fishery, first to all qualified applicants in the priority classifications designated under AS 16.43.250(b) and then to qualified applicants in order of descending priority classification, until the number of entry permits issued equals the maximum number of entry permits established under AS 16.43.230 and 16.43.240 for each fishery, except that a person within a priority classification specified under AS 16.43.250(b) may not be denied an entry permit.

 (b) If, within the lowest priority classification of qualified applicants to which some entry permits may be issued, there are more applicants than there are entry permits to be issued, then the allocation of entry permits within that priority classification shall be by lottery. However, the commission shall issue entry permits to all qualified applicants in that priority classification if the total number of permits issued for the fishery does not exceed the maximum number of entry permits established under AS 16.43.240 for that fishery by more than five percent or 10 permits, whichever is greater.

 (c) If, at the time entry permits are issued, some applicants are still appealing the findings of an administrative adjudication under AS 16.43.260, a sufficient number of permits shall be reserved out of the permits to be issued to protect the rights of those applicants, assuming all the appeals will be resolved in favor of the applicants. In the event that all appeals are not resolved in favor of the applicants, the remaining entry permits shall be allocated to the next most qualified applicants as provided in (a) and (b) of this section.

 (d) The commission may restrict the fishing capacity employed under an entry permit if, before the initial issuance of entry permits for a fishery, the commission determines that the fishing capacity in the fishery must be limited to achieve the purposes of this chapter, establishes criteria for determining the fishing capacity that is allowed under an entry permit, and establishes how fishing capacity will be measured. The maximum fishing capacity allowed under an entry permit must be based upon past participation in the fishery by the initial recipient of the entry permit during a period, specified by the commission, preceding the qualification date established under AS 16.43.260. The commission may define fishing capacity in terms of quantity of fishing gear, a proportion of the maximum amount of gear that can be utilized in the fishery under regulations of the Board of Fisheries, fishing vessel size or other characteristics, or other factors determined by the commission to affect the amount of fishing effort in the fishery. The recipient or transferee of an entry permit issued subject to this subsection may not exceed the fishing capacity allowed under the entry permit.




Secs. 16.43.275 — 16.43.285. [Renumbered as AS 16.43.340 — 16.43.390.]

Article 4. Reduction to Optimum Number of Entry Permits.


Sec. 16.43.290. Optimum number of entry permits.
Following the issuance of entry permits under AS 16.43.270, the commission shall establish the optimum number of entry permits for each fishery based upon a reasonable balance of the following general standards:
     (1) the number of entry permits sufficient to maintain an economically healthy fishery that will result in a reasonable average rate of economic return to the fishermen participating in that fishery, considering time fished and necessary investments in vessels and gear;

     (2) the number of entry permits necessary to harvest the allowable commercial take of the fishery resource during all years in an orderly, efficient manner, and consistent with sound fishery management techniques;

     (3) the number of entry permits sufficient to avoid serious economic hardship to those currently engaged in the fishery, considering other economic opportunities reasonably available to them.




Sec. 16.43.300. Revisions of optimum number of entry permits.
 (a) The commission may increase or decrease the optimum number of entry permits for a fishery when one or more of the following conditions makes a change desirable considering the purposes of this chapter:
     (1) an established long-term change in the biological condition of the fishery has occurred that substantially alters the optimum number of entry permits permissible applying the standards set out in AS 16.43.290;

     (2) an established long-term change in market conditions has occurred, directly affecting the fishery, that substantially alters the optimum number of entry permits permissible under the standards set out in AS 16.43.290.

 (b) If the commission decreases the optimum number of entry permits for a fishery, the number of entry permits may be reduced only under the voluntary buy-back provisions set out in AS 16.43.310 and 16.43.320.




Sec. 16.43.310. Establishment of buy-back funds and permit buy-back assessments.
 (a) When the optimum number of entry permits is less than the number of entry permits outstanding in a fishery, the commission may establish a buy-back program, a buy-back plan, and a buy-back fund for that fishery.

 (b) The commission may establish by regulation a permit buy-back assessment for each fishery for which the commission has established a buy-back fund under (a) of this section. The amount of the assessment may not exceed seven percent of the value, as defined in AS 43.75.290, of fish that a permit holder in the fishery subject to the assessment removes from the state or transfers to a buyer in the state. The Department of Revenue shall collect an assessment established under this subsection.

 (c) The commission shall expend money appropriated to a buy-back fund for the purpose of reducing the number of entry permits in the fishery to the optimum number, at a rate to be established by the commission. The legislature may appropriate interest accrued on the money in a buy-back fund to that fund. Except as provided in AS 16.43.320, money appropriated to a buy-back fund does not lapse.




Sec. 16.43.320. Administration of the buy-back program.
The commission shall adopt regulations providing for the purchase of transferable entry permits with money in the buy-back fund for each fishery. The commission shall cease purchases of entry permits in a fishery when the number of entry permits in the fishery has been reduced to the optimum number. The commission shall terminate a buy-back assessment established for a fishery under AS 16.43.310(b) when the commission determines that the amount of revenue collected through the assessment is sufficient to purchase the number of entry permits necessary to achieve the optimum number of entry permits in the fishery and to offset the reasonable costs of the buy-back program for the fishery, including repayment of any debt the commission was authorized to incur to capitalize the buy-back fund for the fishery. The unexpended balance of appropriations made to a buy-back fund for a fishery shall lapse back into the fund from which the money was appropriated at the end of the fiscal year in which the buy-back program is terminated.


Sec. 16.43.330. Issuance of new entry permits; appropriations related to fleet reduction.
 (a) When the number of outstanding entry permits for a fishery is less than the optimum number established under AS 16.43.290, the commission shall issue new entry permits to applicants who are presently able to engage actively in the fishery until the optimum number is reached.

 (b) The commission shall determine equitable methods of issuance, as appropriate, under (a) of this section that assure the receipt of fair market value for the permits issued.

 (c) If a salmon fishery association qualified under AS 16.40.250 takes part in a fleet reduction program by expending money or incurring debt to contract with permit holders to relinquish the holders’ entry permits under AS 16.43.150(i), and if this section requires additional permits to be issued for the same fishery in which the fleet reduction program was implemented, the legislature may appropriate any resulting revenue to the association for reimbursement of money expended or to retire any outstanding debt incurred for fleet reduction purposes. An appropriation under this subsection must be made within 30 years after the date the money was expended or debt incurred.




Secs. 16.43.335 — 16.43.339. [Renumbered as AS 16.43.400 — 16.43.420.]

Article 5. Educational Entry Permits.


Sec. 16.43.340. Educational entry permits.
 (a) In addition to entry permits and interim-use permits, the commission may issue educational entry permits to public, private, or denominational educational institutions accredited by the Department of Education and Early Development or accredited institutions, career, or vocational programs approved by the Alaska Commission on Postsecondary Education, or full-time nonprofit residential child care facilities licensed by the Department of Health and Social Services, division of social services, if
     (1) the program is offered to students at the junior high school level or above;

     (2) the issuance of an educational entry permit is reasonably necessary to the instruction of students under courses offered by the applicant for the educational entry permit;

     (3) the program is offered by an institution that is located in the state and has been in operation for at least two years; and

     (4) the institution offering the program is not a correspondence institution.

 (b) An educational entry permit may only be used in a program conducted by the recipient of the permit for the purpose of training students in the methods of commercial fishing.

 (c) The commission may issue educational entry permits notwithstanding the establishment of maximum or optimum numbers under AS 16.43.240 and 16.43.290.




Secs. 16.43.341 — 16.43.343. [Renumbered as AS 16.43.430 — 16.43.440.]
Sec. 16.43.350. [Renumbered as AS 16.43.950.]
Sec. 16.43.351. Term and conditions of educational entry permit.
 (a) Educational entry permits may be applied for on an annual basis and shall be issued for a term of one year. The permits are nontransferable.

 (b) A recipient may be issued an educational entry permit valid for designated fisheries in the administrative area the commission determines to be appropriate, considering the nature of the educational program and the location of the educational or vocational institution. The recipient of an educational entry permit may not be issued an educational entry permit in more than one administrative area except as issued by the commission in its discretion upon good cause shown.

 (c) An educational entry permit issued under AS 16.43.340 may be used by any agent or employee authorized by the recipient of the educational entry permit.

 (d) Annual fees for educational entry permits shall be as specified by commission regulation under the authority of AS 16.43.160.




Secs. 16.43.355 — 16.43.360. [Renumbered as AS 16.43.960 — 16.43.970.]
Sec. 16.43.361. Disposition of fish.
Fish caught under the authority of an educational entry permit are the property of the recipient of the permit. The recipient may sell the fish and use the proceeds to pay for the costs of the training program. Revenues generated from the sale of fish harvested under an educational entry permit shall be paid to the general fund to the extent the revenues exceed costs of the training program.


Sec. 16.43.370. [Renumbered as AS 16.43.980.]
Sec. 16.43.371. Accounting of harvest.
The recipient of an educational entry permit shall report to the commission costs and earnings, amount of harvest, and other information the commission requires to monitor training programs of recipients of educational entry permits.


Sec. 16.43.380. [Renumbered as AS 16.43.990.]
Sec. 16.43.381. Adoption of regulations.
 (a) Use privileges granted under AS 16.43.340 — 16.43.390 are subject to the regulations of the Board of Fisheries, which may adopt regulations exclusively applicable to the use of educational entry permits.

 (b) The commission shall adopt regulations relating to the issuance of educational entry permits, establishing eligibility criteria for recipients of the permits, and such other matters as are reasonably necessary to implement AS 16.43.340 — 16.43.390.




Sec. 16.43.390. Definition of “recipient”.
In AS 16.43.340 — 16.43.390, “recipient” means the entity to which an educational entry permit is issued.


Article 6. Special Harvest Area Entry Permits.


Sec. 16.43.400. Special harvest area entry permits.
 (a) In addition to entry permits, interim-use permits, and educational permits, the commission may issue special harvest area entry permits to holders of private, nonprofit hatchery permits issued by the Department of Fish and Game under AS 16.10.400 — 16.10.475.

 (b) The commission may issue special harvest area entry permits notwithstanding the establishment of maximum or optimum numbers under AS 16.43.240 and 16.43.290.




Sec. 16.43.410. Term and conditions of special harvest area entry permits.
 (a) Special harvest area entry permits may be applied for on an annual basis and shall be issued for a term of one year. A permit is nontransferable.

 (b) A special harvest area entry permit may only be issued for the applicable area designated by the Department of Fish and Game as a special harvest area.

 (c) The annual fee for a special harvest area entry permit shall be specified by commission regulation under the authority of AS 16.43.160.




Sec. 16.43.420. Disposition of fish.
Fish caught under the authority of a special harvest area entry permit are the property of the permit holder. The permit holder may sell the fish if the proceeds are used in the manner described in AS 16.10.450.


Sec. 16.43.430. Authorized gear.
For the purposes of harvesting salmon, a special harvest area entry permit holder may employ any fishing gear designated as legal gear in the applicable special harvest area by the Board of Fisheries.


Sec. 16.43.440. Adoption of regulations.
 (a) Use privileges granted under AS 16.43.400 — 16.43.440 are subject to the regulations of the Board of Fisheries.

 (b) The commission, after consultation with the Department of Fish and Game, shall adopt regulations that are reasonably necessary to implement AS 16.43.400 — 16.43.440.




Article 7. Vessel Permit System for Bering Sea Hair Crab Fishery.


Sec. 16.43.450. Vessel permit system. [Repealed, § 27 ch 137 SLA 2002.]
Sec. 16.43.451. Bering Sea hair crab fishery vessel permit system.
 (a) The commission may establish a vessel permit system under AS 16.43.451 — 16.43.521 for the Bering Sea hair crab fishery if the commission determines that
     (1) the regulation of entry into the fishery is necessary to achieve the purposes of this chapter;

     (2) a vessel permit system would achieve the purposes of this chapter; and

     (3) either
          (A) limiting the number of participants in the fishery under AS 16.43.140 — 16.43.330 would not achieve the purposes of this chapter; or

          (B) regulating the number of vessels in the fishery would enable the state to gain or retain management of the fishery.

 (b) If the federal government has delegated management authority in the United States exclusive economic zone to the state for the Bering Sea hair crab fishery, the commission may, to the extent consistent with this chapter, adopt regulations to ensure that the vessel permit system is consistent with applicable federal laws.

 (c) If the commission establishes a vessel permit system for a fishery that involves more than one fishery resource, type of gear, or administrative area, the commission may limit, as the commission determines appropriate, the fishery resources that may be harvested under the vessel permit, the types of gear that may be used under the vessel permit, or the areas where fishing may occur under the vessel permit. The commission shall adopt criteria, as appropriate, for determining
     (1) how restrictions on fishery resources, types of gear, and areas fished are established for individual vessel interim-use permits and vessel entry permits; and

     (2) how eligibility to take a particular fishery resource, to use a particular type of gear, or to fish in a particular area is established.

 (d) The commission may, after consultation with the Department of Fish and Game, regulate the fishing capacity or effort authorized under a vessel interim-use permit or a vessel entry permit if the commission finds that limitations on fishing capacity or effort are necessary to achieve the purposes of this chapter. The commission shall adopt criteria, as appropriate, for measuring the fishing capacity or effort of a vessel and for determining how restrictions on vessel fishing capacity or effort are established for individual vessel interim-use permits and vessel entry permits. The criteria may be based on past participation.

 (e) The commission shall adopt regulations limiting the number of vessel permits that may be held by a permit holder or group of related permit holders if the commission finds that limiting the number of vessel permits that may be held by a permit holder or group of related permit holders is necessary to prevent the excessive concentration of ownership of vessel permits in the fishery.

 (f) By February 1 of the filing year, the commission shall submit a biennial report to the governor and the legislature concerning the harvest and earnings of the vessel-based limited entry fisheries system for the Bering Sea hair crab during the preceding two years. The commission shall notify the legislature that the report is available.




Sec. 16.43.460. Initial issuance of vessel permits. [Repealed, § 27 ch 137 SLA 2002.]
Sec. 16.43.461. Initial issuance of vessel permits.
 (a) For the fishery that the commission establishes a vessel permit system for under AS 16.43.451, the commission shall establish qualifications for vessel interim-use permits and vessel entry permits. The qualifications may include a qualification date, eligibility period, recent and past participation requirements, minimum requirements for the nature and degree of ownership interest that a permit holder must have in a vessel in order to receive a vessel permit for the vessel, and criteria for receiving transferable and nontransferable vessel entry permits. In adopting qualifications for transferable and nontransferable vessel entry permits, the commission shall consider
     (1) information provided by the Department of Fish and Game, participants in the fishery, owners of vessels and gear used in the fishery, and other interested parties;

     (2) the level of recent and past participation and harvest in the fishery, the nature of the fishery, and the need to ensure the manageability of the fishery and conservation of the fishery resource.

 (b) If the commission establishes a vessel permit system under AS 16.43.451 for a fishery that was subject to a moratorium on entry of new vessels under former AS 16.43.901, the commission shall incorporate some or all of the vessel eligibility criteria established for the moratorium into the eligibility criteria for vessel permits issued under the vessel permit system.

 (c) Pending the issuance of vessel entry permits for a fishery for which the commission has established a vessel permit system under AS 16.43.451, the commission shall issue a vessel interim-use permit to the owner of each vessel that the commission finds is potentially eligible to receive a vessel entry permit. A vessel interim-use permit is renewable from year to year; however, a vessel interim-use permit expires at the end of the period for which the permit was issued and may not be renewed after a final determination by the commission that the vessel is or is not eligible for a vessel entry permit.

 (d) The commission shall issue vessel entry permits for a fishery, subject to conditions established by the commission under AS 16.43.451 — 16.43.521, to the owner of each vessel that the commission finds is eligible to receive a vessel entry permit for that fishery.

 (e) The commission shall adopt regulations regarding
     (1) the determination of which person or entity is eligible to receive a vessel interim-use permit or a vessel entry permit for a vessel in the event of competing claims to ownership of the vessel; and

     (2) the substitution of another vessel by the applicant for a vessel interim-use permit or a vessel entry permit if the vessel or vessels used to establish eligibility for a vessel entry permit are lost, or are retired from the fishery by the vessel owner, before the initial issuance of a vessel entry permit for the vessel.




Sec. 16.43.470. Optimum number range of vessel permits. [Repealed, § 27 ch 137 SLA 2002.]
Sec. 16.43.471. Optimum number range of vessel permits.
 (a) If, after the initial issuance of vessel entry permits for the Bering Sea hair crab fishery, the commission determines that a long-term biological or economic change has occurred in the fishery, the commission, in consultation with the Department of Fish and Game, shall establish the optimum number range of vessel entry permits for the fishery.

 (b) In determining the optimum number range of vessel entry permits, the commission shall seek to
     (1) facilitate sound management of the fishery;

     (2) promote
          (A) the economic health and stability of the fishery;

          (B) broad access to the fishery;

          (C) conservation of the fish resources taken in the fishery;

          (D) quality seafood products; and

     (3) discourage waste of harvested fish.

 (c) The commission may increase or decrease the optimum number range of vessel entry permits for a fishery if the commission finds that an established long-term change in the biological or economic condition of the fishery has occurred and that the number of vessel entry permits that are necessary to achieve the goals set out in (b) of this section has substantially changed.

 (d) If the optimum number range of vessel entry permits is less than the number of outstanding vessel permits for the fishery, the commission may adopt regulations to allow the voluntary consolidation of vessel entry permits by permit holders, including entities. The commission may investigate procedures to permanently reduce the number of vessel permits issued for a fishery to within the optimum number range.

 (e) If the optimum number range of vessel entry permits is greater than the number of permits authorized for the fishery, the commission shall issue additional vessel entry permits until the number of vessel entry permits is consistent with the optimum number range for the fishery. The commission shall obtain fair market value for new vessel entry permits issued under this subsection. The commission shall determine whether the additional vessel entry permits issued under this subsection are transferable or nontransferable.




Sec. 16.43.480. Transfer and expiration of vessel entry permits. [Repealed, § 27 ch 137 SLA 2002.]
Sec. 16.43.481. Transfer and expiration of vessel entry permits.
 (a) The commission may adopt regulations authorizing the transfer of a transferable vessel entry permit to an eligible transferee and establishing the terms and conditions under which vessel entry permits may be transferred. The commission may require that the transferee of a vessel entry permit must have a legal ownership interest in the vessel identified on the vessel entry permit. The commission may establish by regulation minimum requirements for the nature and degree of ownership interest that the transferee must have in the vessel.

 (b) The commission may adopt regulations authorizing the simultaneous transfer of a transferable vessel entry permit to an eligible transferee and the substitution of another vessel for the vessel identified on the permit under AS 16.43.491.

 (c) The commission shall adopt regulations relating to the expiration of nontransferable vessel entry permits.




Sec. 16.43.490. Substitution of vessels. [Repealed, § 27 ch 137 SLA 2002.]
Sec. 16.43.491. Substitution of vessels.
 (a) The commission shall adopt regulations providing for the permanent or temporary substitution, after the initial issuance of vessel entry permits, of another vessel for the vessel that is identified on a vessel entry permit. The commission may specify by regulation the nature and degree of legal ownership interest that a permit holder must have in the vessel that is permanently or temporarily substituted for the vessel identified on the permit. Upon the approval of a permanent substitution of a vessel, the commission shall issue a new vessel entry permit for the substituted vessel.

 (b) A substituted vessel and the operation of the substituted vessel are subject to all terms and conditions attached to the vessel entry permit at the time that the vessel permit is transferred from the original vessel to the substituted vessel.




Sec. 16.43.500. Renewal of vessel permits. [Repealed, § 27 ch 137 SLA 2002.]
Sec. 16.43.501. Renewal of vessel permits.
 (a) A vessel interim-use permit or vessel entry permit is issued for one year and must be renewed annually.

 (b) A vessel interim-use permit or vessel entry permit may not be renewed until the fees for each preceding year during which the permit has not been renewed are paid.

 (c) Failure to renew a vessel entry permit for two consecutive years from the year of last renewal results in a forfeiture of the permit unless the forfeiture is waived by the commission for good cause. If an administrative closure of a fishery occurs for an entire season, the commission may not count the season toward the two-year period.




Sec. 16.43.510. Vessel permit fees. [Repealed, § 27 ch 137 SLA 2002.]
Sec. 16.43.511. Vessel permit fees.
 (a) The commission shall establish fees for the issuance and annual renewal of vessel interim-use permits and vessel entry permits. Annual fees established under this subsection may not exceed $2,500 and shall reasonably reflect the rate of economic return for the fishery.

 (b) The commission shall waive the payment of the annual fees for a vessel interim-use permit or a vessel entry permit for a fishery in which there was an administrative closure for the entire season.

 (c) Subject to AS 37.10.050(a), the commission may establish fees for processing applications for vessel interim-use permits and vessel entry permits, for transfer of vessel entry permits, and for permanent and temporary substitution of vessels.

 (d) The commission may charge interest at a rate not to exceed the legal rate of interest established in AS 45.45.010(a) on fees established under the section that are more than 60 days overdue.




Sec. 16.43.520. General vessel permit provisions. [Repealed, § 27 ch 137 SLA 2002.]
Sec. 16.43.521. General Bering Sea hair crab vessel permit provisions.
 (a) A person or entity may not operate a vessel or use a vessel to take fish in the Bering Sea hair crab commercial fishery for which a vessel interim-use permit or vessel entry permit is required unless the appropriate vessel permit has been issued for the vessel and is posted in a prominent location on the vessel.

 (b) A person or entity may not hold more than one vessel entry permit for the Bering Sea hair crab fishery unless
     (1) the number of vessel entry permits held by the person or entity is consistent with regulations of the commission regarding concentration of ownership of vessel permits in the fishery; and

     (2) either
          (A) the person or entity qualified for each vessel entry permit at the time of the initial issuance of vessel entry permits for the fishery; or

          (B) the vessel entry permits are issued for a vessel for which the person or entity already holds another vessel entry permit for that fishery.

 (c) The operator of a vessel for which a vessel interim-use permit or vessel entry permit has been issued shall comply with the terms of the vessel permit while the vessel is operated in the fishery for which the permit is issued.

 (d) A vessel interim-use permit and a vessel entry permit constitute a use privilege that may be modified or revoked by order of the commission or by law without compensation.

 (e) A vessel entry permit may not be
     (1) pledged, mortgaged, leased, or encumbered in any way;

     (2) transferred with any retained right of repossession or foreclosure, or on any condition requiring a subsequent transfer; or

     (3) attached, distrained, or sold on execution of judgment or under any other process or order of any court.

 (f) Unless the person who holds a vessel entry permit has expressed a contrary intent in a will that is probated, the commission shall, upon the death of the person, transfer the vessel entry permit by right of survivorship directly to the person’s surviving spouse or, if no spouse survives, to another person designated by the vessel permit holder on a form provided by the commission. If no spouse survives and if the person designated on the form, if any, does not survive, the permit passes as part of the vessel permit holder’s estate. A designation under this subsection must be acknowledged before a person authorized to administer an oath under AS 09.63.010 or must be witnessed by two persons who are qualified under AS 13.12.505 to witness the will of the vessel permit holder. A vessel entry permit is exempt from the claims of creditors of the estate.

 (g) AS 16.43.451 — 16.43.521 do not alter the requirement for an interim-use permit or entry permit under AS 16.43.140 or a vessel license under AS 16.05.490 — 16.05.520.

 (h) Nothing in AS 16.43.451 — 16.43.521 limits the powers of the Board of Fisheries or the Department of Fish and Game.

 (i) Notwithstanding AS 16.05.815 and AS 16.43.975, the commission may release to the owner of a vessel information on the vessel’s history of harvests in a fishery that is necessary to apply for a vessel interim-use permit or vessel entry permit under AS 16.43.451 — 16.43.521.




Article 8. Point System for Commercial Fishing Violations in Salmon Fisheries.


Sec. 16.43.850. Point system.
 (a) For the purpose of identifying frequent violators of commercial fishing laws in salmon fisheries, the commission shall adopt regulations establishing a uniform system for the suspension of commercial salmon fishing privileges by assigning demerit points for convictions for violations of commercial fishing laws in salmon fisheries that are reported to the commission under AS 16.43.880. The commission shall assess demerit points against a permit holder for each violation of commercial fishing laws in a salmon fishery in accordance with (b) and (c) of this section. The commission shall assess points against a permit holder for the salmon fishery in which the violation of commercial fishing laws occurred.

 (b) The commission shall assess demerit points against a permit holder for a conviction of a violation of commercial fishing laws in a salmon fishery under AS 16.05.722, 16.05.723, 16.05.831; AS 16.10.055, 16.10.070 — 16.10.090, 16.10.100, 16.10.110, 16.10.120, 16.10.200 — 16.10.220, and 16.10.760 — 16.10.790 for the following violations in accordance with this schedule:
(1) fishing in closed waters ................... 6 points;(2) fishing during closed season or period ................... 6 points;(3) fishing with more than the legal amount of gear ................... 4 points;(4) fishing with gear not allowed in fishery ................... 6 points;(5) fishing before expiration of transfer period ................... 6 points;(6) interfering with commercial fishing gear ................... 4 points;(7) fishing with more than the legal amount of gear on vessel ................... 4 points;(8) improper operation of fishing gear ................... 4 points;(9) permit holder not present when required ................... 4 points;(10) fishing with underlength or overlength vessel ................... 6 points;(11) wanton waste of fishery resources ................... 4 points. (c) Notwithstanding (b) of this section, if a permit holder’s first conviction of a violation of commercial fishing laws in a salmon fishery in a 36-month period is a conviction under AS 16.05.722, the number of demerit points assessed against the permit holder for the violation must be one-half of the points assessed for the violation under (b) of this section.

 (d) The commission shall suspend a permit holder’s commercial salmon fishing privileges for a salmon fishery for a period of
     (1) one year if the permit holder accumulates 12 or more points during any consecutive 36-month period as a result of convictions for violations of commercial fishing laws in the salmon fishery;

     (2) two years if the permit holder accumulates 16 or more points during any consecutive 36-month period as a result of convictions for violations of commercial fishing laws in the salmon fishery;

     (3) three years if the permit holder accumulates 18 or more points during any consecutive 36-month period as a result of convictions for violations of commercial fishing laws in the salmon fishery.




Sec. 16.43.855. Assessment of points.
 (a) Notice of each assessment of points shall be given to the permit holder. Notice shall also be given to the permit holder before the expiration of a suspension of commercial salmon fishing privileges under AS 16.43.850(d) that subsequent violations of commercial fishing laws in the salmon fishery may result in further suspensions of the permit. The notice may be given by first class mail.

 (b) The time periods provided for in AS 16.43.850 for the accumulation of points shall be based on the date of conviction, either on a plea of guilty, nolo contendere, or a forfeiture of bail or collateral, or as a result of a trial, for violation of a commercial salmon fishing law.

 (c) The assessment of points against a permit holder by the commission under AS 16.43.850 — 16.43.895 is in addition to, and not in substitution for, other provisions of this title and is not a substitute for any penalty imposed by a court.

 (d) If points are assessed against a permit holder who holds a commercial fishing permit for a salmon fishery under an emergency transfer approved by the commission under AS 16.43.180, the same number of points shall also be assessed against the transferor of the permit. Points assessed against the transferor of the permit under this subsection shall be included in calculations made under AS 16.43.850(d).




Sec. 16.43.860. Suspension.
 (a) A permit holder whose commercial salmon fishing privileges for a salmon fishery are suspended under AS 16.43.850 — 16.43.895 may not obtain an entry permit or interim-use permit for that salmon fishery during the period of the suspension of the privileges. During the period for which the permit holder’s privilege to obtain an entry permit or interim-use permit for a salmon fishery is suspended under this section, the commission may not issue a permit card to the permit holder for that fishery.

 (b) A permit holder whose privilege of obtaining a commercial fishing permit for a salmon fishery is suspended under AS 16.43.850 — 16.43.895 may not
     (1) engage in the salmon fishery under a crewmember license; or

     (2) lease or rent the permit holder’s interest in a boat to another person if the boat would be used in the salmon fishery for which the permit holder’s fishing privileges are suspended.

 (c) If, during the period for which a permit holder’s commercial fishing privileges for a salmon fishery are suspended, the commission establishes a limited entry system for the salmon fishery, the permit holder shall be eligible to obtain an entry permit for that fishery to the extent that the permit holder qualifies for the entry permit under regulations adopted by the commission. If the permit holder qualifies for an entry permit for the fishery, the commission shall withhold issuance of the entry permit until the period of the suspension imposed under AS 16.43.850 — 16.43.895 has expired.

 (d) The commission may not transfer a commercial fishing permit for a salmon fishery under an emergency transfer under AS 16.43.180 if, at the time of the application for the emergency transfer, the permit holder’s commercial salmon fishing privileges for the salmon fishery have been suspended.




Sec. 16.43.870. Notice and appeal.
The commission shall provide notice of determinations of the commission under AS 16.43.850 — 16.43.895. Respondents may request a hearing under regulations adopted by the commission under AS 16.43.110.


Sec. 16.43.880. Required notice to commission.
 (a) A court that convicts a person of a violation of commercial fishing laws under this title or under a regulation adopted under this title in a salmon fishery shall forward a record of the conviction to the commission on a weekly basis.

 (b) A conviction on a plea of nolo contendere accepted by the court or a forfeiture of bail or collateral deposited to secure a defendant’s appearance in court that has not been vacated, or as a result of trial, is a conviction for purposes of AS 16.43.850 — 16.43.895.




Sec. 16.43.895. Definitions for AS 16.43.850 — 16.43.895.
In AS 16.43.850 — 16.43.895,
     (1) “commercial fishing law” means a statute or regulation that regulates the conduct of a person engaged in commercial fishing activities by establishing requirements relating to fishing licenses and permits; catch records and reports; size, nature, quantity, or use of fishing vessels, sites, and gear; time, place, or manner of taking fishery resources; possession, transportation, sale, barter, or waste of fishery resources; or other aspects of commercial fishing;

     (2) “commercial fishing permit” means an entry permit or an interim-use permit issued under this chapter;

     (3) “commercial salmon fishing privileges” means the privilege of participating in an activity for which a commercial fishing permit to take salmon is required and the privilege of obtaining a commercial fishing permit to take salmon;

     (4) “permit holder” includes the holder of a commercial fishing permit as the result of an emergency transfer, an applicant for a commercial fishing permit if the applicant’s commercial fishing permit was suspended under AS 16.43.850 — 16.43.895, and a person whose privilege of obtaining a commercial fishing permit for a fishery is suspended under AS 16.43.850 — 16.43.895.




Sec. 16.43.901. Vessel permits. [Repealed, § 5 ch. 126 SLA 1996.]
Secs. 16.43.906 , 16.43.911. Vessel permits for weathervane scallop fishery; applicability of other statutes. [Repealed, § 6 ch 97 SLA 1997.]

Article 9. General Provisions.


Sec. 16.43.940. Exempted activities.
This chapter does not apply to activities authorized by a permit issued under AS 16.40.100 or 16.40.120.


Sec. 16.43.945. Commercial fishing privileges exempt from claims of creditors.
Except as provided in AS 16.10.333 — 16.10.338, AS 16.43.170(g), AS 44.81.215, and 44.81.231 — 44.81.250, commercial fishing privileges granted under this chapter, including entry permits, are exempt from claims of creditors, including claims under AS 09.38.065 and AS 45.29.408.


Sec. 16.43.950. Applications of regulations of Board of Fisheries.
Nothing in this chapter limits the powers of the Board of Fisheries, including the power to determine legal types of gear and the power to establish size limitations or other uniform restrictions applying to a certain type of gear. Holders of interim-use permits or entry permits issued under this chapter are subject to all regulations adopted by the Board of Fisheries.


Sec. 16.43.955. Hearings in proximity to Board of Fisheries meetings.
When practicable, a commission hearing that deals with the subject of limiting entry to a fishery shall be held on the same dates on which, and in the same building or in a building adjacent to the building in which, a Board of Fisheries meeting is being held.


Sec. 16.43.960. Commission revocation or suspension of permits.
 (a) The commission may revoke, suspend, or transfer all entry or interim-use permits, vessel entry permits, or vessel interim-use permits held by a person or entity who knowingly provides or assists in providing false information, or fails to correct false information provided to the commission for the purpose of obtaining a benefit for self or another, including the issuance, renewal, duplication, or transfer of an entry or interim-use permit, vessel license, vessel entry permit, or vessel interim-use permit. The commission may suspend, as appropriate, that person’s or entity’s eligibility to hold an entry or interim-use permit, vessel entry permit, or vessel interim-use permit for a period not to exceed three years, and may impose an administrative fine of not more than $5,000 on the person or entity whose officers, employees, representatives, or agents knowingly provide or assist in providing false information, or fail to correct false information provided, to the commission for the purpose of obtaining a benefit.

 (b) The commission shall serve the respondent personally or by certified or registered mail with a notice to show cause why the proposed action should not take place. The notice to show cause must
     (1) be supported by an affidavit, which may be made on information or belief, setting out the facts that are the basis of the proposed actions;

     (2) provide for a least 30 days’ notice of the place, date, and time of the hearing where the respondent may present evidence in opposition to the proposed action; unless waived in writing by the respondent, the hearing shall be held within the judicial district in which the respondent resides if the respondent resides in the state; the hearing place shall be at the discretion of the commission for those respondents residing outside the state;

     (3) specify the statutes or regulations violated;

     (4) state with particularity the action proposed to be taken;

     (5) indicate to the respondent that the respondent’s ability to permanently transfer the permits that are the subject of the show cause proceedings has been suspended as of the date of the notice and will continue to be suspended until the exhaustion of all administrative and judicial remedies; and

     (6) provide other information the commission considers proper.

 (c) A permit subject to show cause proceedings under this section may not be transferred after the date of the notice in (b) of this section pending exhaustion of all administrative and judicial remedies arising from action taken under this section.

 (d) The show cause hearing shall be conducted before a quorum of commissioners and shall be presided over by a hearing officer appointed by the commission who shall rule on the presentation of evidence and other procedural matters. Hearings shall be conducted in accordance with regulations adopted under AS 16.43.110(b).

 (e) The failure of a respondent properly served under (b) of this section to appear at the hearing is not grounds for setting aside any commission action taken. However, the commission may in its discretion order a continuance or second hearing.

 (f) [Repealed, § 8 ch 22 SLA 1985.]
 (g) The provisions of this section apply to conduct occurring after January 1, 1973, but do not affect a permit held by a person who is a bona fide purchaser. Failure to correct false information is a continuing offense.

 (h) Judicial review of commission determinations under this section is in accordance with AS 44.62.560 — 44.62.570; however, if a hearing de novo is granted under AS 44.62.570(d), the hearing may, in the discretion of the court, be had with a jury sitting if application for the jury hearing is filed with the court no later than 10 days after service of the notice of appeal.

 (i) An entry permit revoked by the commission under this section that is pledged as security for a loan under AS 16.10.333 or AS 44.81.231 shall be reassigned or sold as provided in AS 16.10.337 or AS 44.81.250.

 (j) The commission shall immediately cancel a limited entry permit card issued to a debtor under a loan made under AS 16.10.300 — 16.10.370 when the commission receives a certificate of loan termination containing a copy of the
     (1) notice required by AS 16.10.335(a); or

     (2) notice that, if the debtor has filed bankruptcy, the automatic stay issued is no longer in effect and the debtor has not reaffirmed the debt.




Sec. 16.43.970. Penalties.
 (a) A person who violates a provision of this chapter or a regulation adopted under this chapter or an entity that violates a provision of AS 16.43.451 — 16.43.521 or a regulation adopted under AS 16.43.451 — 16.43.521 is, upon conviction, guilty of a class B misdemeanor and is punishable by a fine of not more than $5,000 for a first conviction, and a fine of not more than $10,000 for a second or third conviction. Upon a first or second conviction under this subsection, the court may in its discretion also order the commission to suspend the commercial fishing privileges of the person or entity for a period of not more than three years and to revoke one or more or all commercial fishing permits held by the person or entity. Upon a third or subsequent conviction under this subsection, the person or entity is also subject to a loss of commercial fishing privileges as provided under (i) of this section. This subsection does not apply to violations of AS 16.43.140(a).

 (b) A person or entity who knowingly makes a false statement to the commission for the purpose of obtaining a benefit, including the issuance, renewal, duplication, or transfer of an entry or interim-use permit, vessel license, vessel interim-use permit, or vessel entry permit, or a person who assists another by knowingly making a false statement to the commission for the purpose of obtaining a benefit for another, is guilty of the crime of unsworn falsification in the second degree as set out in AS 11.56.210. Upon conviction, the person or entity is also subject to suspension of commercial fishing privileges and revocation of commercial fishing permits under (i) of this section.

 (c) [Repealed, § 12 ch 47 SLA 1981.]
 (d) If a permit holder is charged by the state with violating a provision of this chapter or a regulation adopted under this chapter, the holder may not transfer any interim-use or entry permit under AS 16.43.170 or any transferable vessel entry permit under AS 16.43.451 — 16.43.521 until after the final adjudication or dismissal of the charges.

 (e) Notwithstanding any other provision of this section, an interim-use or entry permit or transferable vessel entry permit may not be transferred while under suspension, without the consent of the commission.

 (f) A commercial fishing entry permit revoked under this section that is pledged as security for a loan under AS 16.10.333, or 16.10.338, or AS 44.81.231 shall be reassigned as provided in AS 16.10.337 or AS 44.81.250.

 (g) A person who violates the provisions of AS 16.43.140(a) is
     (1) upon a first conviction, guilty of a class B misdemeanor and may be sentenced to a definite term of imprisonment of not more than 90 days, or forfeiture of the person’s fishing vessel, or both, and shall be sentenced to a fine of not less than $5,000 nor more than $10,000 and loss of commercial fishing privileges under (i) of this section;

     (2) upon a second conviction, guilty of a class A misdemeanor and may be sentenced to a definite term of imprisonment of not more than one year, and shall be sentenced to a fine of not less than $10,000 nor more than $20,000, forfeiture of the person’s fishing vessel, and loss of commercial fishing privileges under (i) of this section;

     (3) upon a third or subsequent conviction, guilty of a class A misdemeanor and may be sentenced to a definite term of imprisonment of not more than one year, and shall be sentenced to a fine of not less than $20,000 nor more than $50,000, forfeiture of the person’s fishing vessel, and loss of commercial fishing privileges under (i) of this section.

 (h) A person convicted of violating the provisions of AS 16.43.140(a) forfeits the value of the fishery resources found on board the person’s vessel at the time of the violation.

 (i) Upon the conviction of a person or entity for an offense described under (a), (b), or (g) of this section, the court shall immediately notify the commission of the conviction. The notice provided by the court shall be accompanied by an order suspending commercial fishing privileges and revoking commercial fishing permits under (a) of this section, as appropriate. The commission shall, upon receipt of
     (1) an order from the court under (a) of this section, suspend the commercial fishing privileges of a person or entity for the period set by the court and revoke commercial fishing permits held by the person or entity as directed by the court;

     (2) a notice from the court that a person or entity has been convicted of a third or subsequent violation of (a) of this section, suspend all commercial fishing privileges of the person or entity for a period of three years from the date of conviction and revoke all commercial fishing permits held by the person or entity;

     (3) a notice from the court that a person or entity has been convicted of a violation described under (b) of this section, suspend all commercial fishing privileges of the person or entity for a period of three years from the date of conviction and revoke all commercial fishing permits held by the person or entity;

     (4) a notice from the court that a person has been convicted of a violation described under (g)(1) of this section, suspend all commercial fishing privileges of the person for a period of one year from the date of conviction;

     (5) a notice from the court that a person has been convicted of a violation described under (g)(2) of this section, suspend all commercial fishing privileges of the person for a period of two years from the date of conviction;

     (6) a notice from the court that a person has been convicted of a violation described under (g)(3) of this section, suspend all commercial fishing privileges of the person for a period of five years from the date of conviction.

 (j) In this section,
     (1) “commercial fishing permit” means an entry permit, an interim-use permit, a vessel entry permit, or a vessel interim-use permit issued under this chapter;

     (2) “commercial fishing privileges” means the privilege of participating in an activity for which a commercial fishing permit is required and the privilege of obtaining a commercial fishing permit.




Sec. 16.43.975. Public disclosure of certain documents prohibited.
Documents submitted to the commission containing information relating to an individual’s personal finances and information supplied by individuals for research purposes, produced in response to requests by the commission, are not subject to public disclosure.


Sec. 16.43.980. Report and recommendations.
 (a) The commission shall prepare an annual report and notify the legislature that it is available. The report must include but not be limited to the following:
     (1) a progress report on the reduction of entry permits to optimum levels;

     (2) recommendations for additional legislation relating to the regulation of entry of participants and vessels into Alaska commercial fisheries.

 (b) [Repealed, § 37 ch 14 SLA 1987.]




Sec. 16.43.990. Definitions.
In this chapter,
     (1) “commission” means the Alaska Commercial Fisheries Entry Commission;

     (2) “economically healthy fishery” means a fishery that yields a sufficient rate of economic return to the fishermen participating in it to provide for, among other things, the following:
          (A) maintenance of vessels and gear in satisfactory and safe operating condition; and

          (B) ability and opportunity to improve vessels, gear and fishing techniques, including, when permissible, experimentation with new vessels, new gear, and new techniques;

     (3) “entity” means a corporation, company, partnership, firm, association, organization, joint venture, trust, society, or other legal entity other than a natural person;

     (4) “fishery” means the commercial taking of a specific fishery resource in a specific administrative area with a specific type of gear; however, the commission may designate a fishery to include more than one specific administrative area, gear type, or fishery resource;

     (5) “gear” means the specific apparatus used in the commercial harvest of a species, including but not limited to purse seines, drift gill nets, set gill nets, and troll gear;

     (6) “optimum number” includes an optimum range of numbers;

     (7) “person” means a natural person; “person” does not include a corporation, company, partnership, firm, association, organization, joint venture, trust, society, or other legal entity other than a natural person;

     (8) “present ability to actively participate” means the person applying for a permit is physically able to harvest fish in the fishery and has reasonable access to commercial fishing gear of the type utilized in that fishery;

     (9) “priority classification” means the allocation of potential permit applicants into reasonable groupings of similarly situated applicants and the priority ranking of those groupings according to the extent to which they satisfy the standards of preference;

     (10) “type of gear” means a customary and identifiable classification of gear and shall include:
          (A) those classifications for which separate regulations were adopted by the Board of Fisheries and for which separate gear licenses were required by former AS 16.05.550 — 16.05.630; and

          (B) distinct subclassifications of gear such as “power” troll gear and “hand” troll gear;

     (11) “unit of gear” means the maximum amount of a specific type of gear that can be fished by a person under regulations established by the Board of Fisheries defining the legal requirements for that type of gear.




Chapter 45. Pacific Marine Fisheries Compact.

Sec. 16.45.010. Governor’s power to execute compact.
The governor may execute a compact on behalf of the state to cooperate in the Pacific Marine Fisheries Commission.


Sec. 16.45.020. The compact.
The form and contents of the compact must be substantially as provided in this section, and the effect of its provisions shall be interpreted and administered in conformity with the provisions of this section:


Sec. 16.45.030. Alaska representatives.
In furtherance of the compact provisions, there are three members of the commission from the State of Alaska, appointed by the governor and confirmed by the legislature in joint session. One commissioner must be the administrative or other officer of the Alaska Department of Fish and Game charged with the conservation of the state’s marine fisheries resource; another commissioner must be a member of the legislature of this state who is a member of the committee on resources; and another member must be a citizen of this state who has a wide knowledge of and interest in the marine fisheries problem.


Sec. 16.45.040. Terms of commissioners.
The term of a commissioner is four years. A commissioner holds office until a successor is appointed and qualified, but the successor’s term expires four years from the legal date of expiration of the term of the successor’s predecessor. A commissioner may be removed from office by the governor upon charges and after a hearing. The term of a commissioner who ceases to hold the qualifications required ends and a successor may be appointed. Vacancies occurring in the office of a commissioner from any reason or cause shall be filled for the unexpired term in the same manner as for a full term appointment.


Chapter 50. Guides and Outfitters.

[Repealed, § 4 ch 17 SLA 1973. For current law, see AS 08.54.]

Chapter 51. Alaska Seafood Marketing Institute.

Sec. 16.51.010. Alaska Seafood Marketing Institute established.
There is established the Alaska Seafood Marketing Institute. The institute is a public corporation of the state. It is an instrumentality of the state in the Department of Commerce, Community, and Economic Development, but has a legal existence independent of and separate from the state. Exercise by the institute of the powers conferred by this chapter is an essential governmental function of the state.


Sec. 16.51.020. Board of directors.
 (a) The governing body of the institute is a board of directors. The board consists of seven voting members appointed by the governor. In making appointments to the board, the governor shall consider, but need not appoint, nominees presented by persons engaged in fish processing, the financing of fish processing, or commercial fishing.

 (b) Five members of the board shall be seafood processors: four of the seafood processors must have an annual payroll in the state of more than $2,500,000; one of the seafood processors must have an annual payroll in the state of $50,000 — $2,500,000. Two members of the board must be engaged in commercial fishing.

 (c) The board shall annually elect a chairman and other necessary officers from among its members.




Sec. 16.51.030. Term of office.
The members of the board appointed by the governor under AS 16.51.020 serve three-year terms and may be reappointed. Terms shall be staggered. An appointee to fill a vacancy shall hold office for the balance of the term for which the appointee’s predecessor on the board was appointed.


Sec. 16.51.040. Removal and vacancies.
The members of the board appointed by the governor under AS 16.51.020 serve at the governor’s pleasure. A vacancy on the board occurring other than by expiration of term shall be filled in the same manner as the original appointment but for the unexpired term only.


Sec. 16.51.050. Quorum.
Four members of the board appointed under AS 16.51.020 constitute a quorum for the transaction of business and the exercise of the powers and duties of the board.


Sec. 16.51.060. Compensation of board members.
Board members receive no salary, but are entitled to per diem and travel expenses authorized by law for other state boards and commissions under AS 39.20.180.


Sec. 16.51.070. Meetings.
The board shall meet at least once a year. A meeting of the board shall occur at the call of the chairman, or upon the written request of two members of the board.


Sec. 16.51.080. Employment of personnel.
The board may employ and determine the salary of an executive director. The executive director may, with the approval of the board, select and employ additional staff as necessary. The executive director and all employees of the board are in the exempt service under AS 39.25.


Sec. 16.51.090. Powers of board.
In carrying out the powers of the institute, the board may
     (1) adopt, alter, and use a corporate seal;

     (2) prescribe, adopt, amend, and repeal bylaws;

     (3) sue and be sued in the name of the institute;

     (4) enter into any agreements necessary to the exercise of its powers and functions;

     (5) cooperate with a public or private board, organization, or agency engaged in work or activities similar to the work or activities of the institute, including entering into contracts for joint programs of consumer education, sales promotion, quality control, advertising, and research in the production, processing, or distribution of seafood;

     (6) conduct, or contract for, scientific research to develop and discover health, dietetic, or other uses of seafood harvested and processed in the state;

     (7) receive contributions of money from persons;

     (8) establish offices in the state and otherwise incur expenses incidental to the performance of its duties;

     (9) appear on behalf of the institute before boards, commissions, departments, or other agencies of municipal, state, or federal government;

     (10) acquire, hold, lease, sell, or otherwise dispose of property, but such property is limited to that which is necessary to the administrative functioning of the office of the institute;

     (11) establish and maintain one or more bank accounts for the transaction of the institute’s business;

     (12) prepare market research and product development plans for the promotion of any species of seafood and their by-products that may be harvested in the state and processed for sale;

     (13) establish committees related to the marketing of salmon and salmon products; the board shall, to the extent practicable, appoint equal numbers of seafood processors and persons engaged in commercial fishing to the committees.




Sec. 16.51.095. Executive Budget Act.
The operating budget of the institute shall be prepared and submitted in accordance with AS 37.07 (Executive Budget Act).


Sec. 16.51.100. Duties of board.
The board shall
     (1) conduct programs of education, research, advertising, or sales promotion designed to accomplish the purposes of this chapter;

     (2) promote all species of seafood and their by-products that are harvested in the state and processed for sale;

     (3) develop market-oriented quality specifications for Alaska seafood to be used in developing a high quality image for Alaska seafood in domestic and world markets, and adopt and distribute recommendations regarding the handling of seafood from the moment of capture to final distribution;

     (4) prepare market research and product development plans for the promotion of all species of seafood and their by-products that are harvested in the state and processed for sale;

     (5) submit an annual report to the governor describing the activities of the institute and notify the legislature that the report is available;

     (6) develop marketing programs based on the “inspection” and “premium quality” seals designed under AS 17.20.066 and use the seals in advertising and promotion efforts of the institute.




Sec. 16.51.110. Prohibited promotions.
The board may not promote or make a contract that promotes seafood by
     (1) geographic origin other than from the state generally;

     (2) geographic region of the state; or

     (3) specific brand name.




Sec. 16.51.120. Seafood marketing assessment.
 (a) A seafood marketing assessment shall be levied on the value of seafood products produced in Alaska as provided in (b), (c), (d), (e), (h), or (i) of this section if an election is held under AS 16.51.140 at which the assessment is approved by eligible processors who together produce at least 51 percent of the value of seafood products produced in Alaska in the calendar year.

 (b) Each processor shall pay a seafood marketing assessment of .1 percent of the value of seafood products produced in Alaska by the processor.

 (c) Each processor shall pay a seafood marketing assessment of .2 percent of the value of seafood products produced in Alaska by the processor.

 (d) Each processor shall pay a seafood marketing assessment of .3 percent of the value of seafood products produced in Alaska by the processor.

 (e) Each processor shall pay a seafood marketing assessment of .4 percent of the value of seafood products produced in Alaska by the processor.

 (f) An election under (a) of this section shall be held if the proposed election for the levying of an assessment under (b), (c), (d), (e), (h), or (i) of this section is approved by a majority of the whole membership of the board at a regularly scheduled meeting.

 (g) Notwithstanding (a) — (e), (h), and (i) of this section and AS 16.51.150(c), a processor is not subject to, or liable for payment of, an assessment under this section on the value of the seafood products produced in Alaska if the value of seafood products produced in Alaska by the processor is less than $50,000 in a calendar year. This subsection does not exempt a processor from liability for payment of taxes imposed under AS 43.75 or AS 43.77.

 (h) Each processor shall pay a seafood marketing assessment of .5 percent of the value of seafood products produced in Alaska by the processor.

 (i) Each processor shall pay a seafood marketing assessment of .6 percent of the value of seafood products produced in Alaska by the processor.




Sec. 16.51.130. Termination of the seafood marketing assessment.
 (a) A seafood marketing assessment levied under AS 16.51.120(b), (c), (d), (e), (h), or (i) shall be terminated by the commissioner of revenue if an election is held under AS 16.51.140 in which the termination is approved by eligible processors who together produce at least 51 percent of the total value of seafood products produced in Alaska during the calendar year.

 (b) An election under (a) of this section shall be held if
     (1) the proposed election for the termination of the assessment is approved by a majority of the whole membership of the board at a regularly scheduled meeting; or

     (2) a petition is presented to the director of elections requesting termination of the assessment by eligible processors who together produce at least 25 percent of the total value of seafood products produced in Alaska during the calendar year.

 (c) The institute shall provide notice of an election in accordance with AS 16.51.140 within 60 days after receiving notice from the director of elections that a valid petition under (b)(2) of this section has been received.

 (d) The seafood marketing assessment is terminated on the effective date stated on the ballot.




Sec. 16.51.140. Procedures for an election to approve or terminate a seafood marketing assessment.
 (a) The institute may conduct an election under this section after the director of elections approves
     (1) the notice to be published by the institute;

     (2) the ballot to be used in the election; and

     (3) the registration and voting procedures for the approval or termination of the seafood marketing assessment.

 (b) In conducting the election under this section, the institute and the director of elections shall adopt the following procedures:
     (1) the proposed levy or termination of the assessment shall be adopted at a regularly scheduled meeting of the board of directors of the institute held not less than 60 days before the date on which the ballots must be postmarked to be counted unless the election is for termination of the assessment and has been initiated by a petition under AS 16.51.130(b)(2);

     (2) the institute shall hold at least one meeting, not less than 30 days before the date on which ballots must be postmarked to be counted, to explain the reason for the proposed seafood marketing assessment or termination of the assessment and to explain the voting procedure to be used in the election; the institute shall provide notice of the meeting by
          (A) mailing the notice to each eligible processor; and

          (B) publishing the notice in at least one newspaper of general circulation in each region of the state at least two weeks before the meeting;

     (3) the director of elections shall mail ballots to each eligible processor not more than 45 days before the date specified as the date ballots must be postmarked;

     (4) the ballot must
          (A) indicate whether the assessment is to be levied under AS 16.51.120(b), (c), (d), (e), (h), or (i) and must state the percentage of the assessment;

          (B) indicate the effective date of the levy of the assessment or termination of the assessment;

          (C) ask whether the assessment shall be levied or, if the election is to terminate the assessment, whether the assessment shall be terminated;

     (5) the ballots shall be returned by mail to the director of elections and shall be counted by the director of elections or a representative.

 (c) The director of elections shall certify the results of an election under this section if the director determines that the requirements of (a) and (b) of this section have been satisfied.

 (d) For the purposes of this section a ballot submitted by a corporation is presumed valid if the ballot is signed by an individual who is indicated to be an officer of the corporation and the ballot is imprinted with the corporate seal.




Sec. 16.51.150. Determination of value.
 (a) Upon request from the director of elections, the commissioner of revenue shall determine
     (1) the total value of seafood products produced in Alaska during any calendar year;

     (2) whether the eligible processors approving the levy or termination of a seafood marketing assessment together produced at least 51 percent of the total value of seafood products produced in Alaska during the calendar year; or

     (3) whether the eligible processors petitioning for an election under AS 16.51.130(b)(2) together produced at least 25 percent of the total value of seafood products produced in Alaska during the calendar year.

 (b) The total value of seafood products produced in Alaska in a calendar year is the sum of the
     (1) total value of the fisheries resource on which the tax imposed under AS 43.75.015 and 43.75.100 is levied in that calendar year; and

     (2) total value of the fisheries resource on which the tax imposed under AS 43.77 is levied in that calendar year.

 (c) The value of seafood products produced in Alaska by a processor during a calendar year is the sum of the
     (1) total value of the fisheries resource on which the processor must pay the tax imposed under AS 43.75.015 and 43.75.100 in that calendar year; and

     (2) total value of the fisheries resource on which the processor must pay the tax imposed under AS 43.77.010 in that calendar year.




Sec. 16.51.160. Collection of assessments and disposition of proceeds.
 (a) Each processor shall remit to the Department of Revenue before April 1 of each year the total amount of the seafood marketing assessment owed on the value of seafood products produced in Alaska by the processor in the previous calendar year.

 (b) [Repealed, § 28 ch 90 SLA 1991.]




Sec. 16.51.170. Enforcement of assessments.
The provisions of AS 43.05 and AS 43.10 apply for the enforcement and collection of the seafood marketing assessment.


Sec. 16.51.180. Definitions.
In this chapter,
     (1) “board” means the board of directors of the Alaska Seafood Marketing Institute;

     (2) “eligible processor” means a processor who would be liable for payment of a seafood marketing assessment levied under AS 16.51.120;

     (3) “institute” means the Alaska Seafood Marketing Institute;

     (4) “processor” means a person who is liable for
          (A) the tax imposed under AS 43.75.015;

          (B) the tax imposed under AS 43.75.100; or

          (C) the landing tax imposed under AS 43.77;

     (5) “produce” means perform an activity upon which a tax is imposed under AS 43.75 or AS 43.77, including the purchase, production, landing, or export of a fisheries resource;

     (6) “promote or make a contract that promotes seafood” means to advertise or publicize, or make a contract for advertising or publicizing, the use, value, attractiveness, or quality of seafood;

     (7) “seafood” means finfish, shellfish, and fish by-products, including but not limited to salmon, halibut, herring, flounder, crab, clam, cod, shrimp, and pollock, but does not include aquatic farm products as defined in AS 16.40.199.




Chapter 52. Fishery Industrial Technology Center.

Sec. 16.52.010. Fishery Industrial Technology Center.
There is established a Fishery Industrial Technology Center as part of the University of Alaska.


Sec. 16.52.020. Duties.
The center shall create employment opportunities in the state’s fishing industry and other benefits to the state by
     (1) providing training opportunities to citizens of the state on the most efficient and appropriate technologies for the harvesting, processing, and conservation of the fishery resources of the state;

     (2) providing information and technical assistance on the adaptation of existing and new technologies to the users of the fishery resources of the state;

     (3) providing research and development activities to adapt existing technologies to enhance the economic viability of the industry;

     (4) providing research and development activities to create new technologies that will enhance the effectiveness of the industry, and provide economic benefits to state citizens; and

     (5) encouraging joint projects between industry and government in order to use industrial experience and government programs to enhance the productivity of the industry.




Sec. 16.52.030. Fishery Industrial Technology Policy Council.
 (a) A Fishery Industrial Technology Policy Council is established to provide program and planning guidance to the center. The policy council shall be composed of members of the state’s fishing and processing industry.

 (b) The policy council consists of seven members appointed by the president of the University of Alaska, including
     (1) two members appointed from the seafood processing industry; the members appointed under this paragraph shall be owners or employees of firms that are in operation in the state and, insofar as possible, shall represent diverse processing operations;

     (2) two members who are commercial fishermen; the members appointed under this paragraph shall be actively engaged in commercial fishing in the state and, insofar as possible, shall represent fishing for diverse fisheries resources;

     (3) three public members.

 (c) A member of the policy council serves a term of two years.

 (d) At least five members of the policy council shall be residents of the state.




Sec. 16.52.040. Location.
The principal activities of the center shall be located in Kodiak, Alaska.


Sec. 16.52.050. Annual report.
The Board of Regents of the University of Alaska shall prepare an annual report of the center’s activities and notify the legislature by the 20th day of each regular session that the report is available. The report must include a description of the work conducted by the center, the training sessions held and number of students trained, and any other information that the Board of Regents determines should be included to describe the work of the center.


Sec. 16.52.060. Cooperation with other agencies.
In the development of its programs the center shall consult with
     (1) the Department of Fish and Game;

     (2) the division of economic development of the Department of Commerce, Community, and Economic Development;

     (3) the Department of Natural Resources;

     (4) the Alaska Fisheries Development Foundation;

     (5) the Alaska Seafood Marketing Institute;

     (6) the North Pacific Fishery Management Council;

     (7) the National Marine Fisheries Service;

     (8) the Department of Education and Early Development; and

     (9) the Department of Labor and Workforce Development.




Sec. 16.52.070. Definitions.
In this chapter,
     (1) “center” means the Fishery Industrial Technology Center;

     (2) “policy council” means the Fishery Industrial Technology Policy Council.




Chapter 55. Shooting and Firearm Safety.

Sec. 16.55.010. Duties of department.
The Department of Fish and Game shall
     (1) assist in developing and coordinating activities involving private organizations relating to shooting and firearms;

     (2) develop a hunting safety program for the people of the state;

     (3) establish a program to assist in the planning, construction, and operation of public shooting ranges.




Sec. 16.55.020. Powers of department.
In the discharge of its duties under AS 16.55.010, the Department of Fish and Game may
     (1) provide, through a departmental coordinator, technical assistance to municipalities, communities, and organizations;

     (2) make grants to municipalities and organizations as provided in AS 16.55.030
          (A) to develop and operate public shooting ranges and facilities; and

          (B) to operate programs involving education and training in the safe use of firearms.




Sec. 16.55.030. Grants.
Subject to legislative appropriation for the purpose, the Department of Fish and Game may make grants to municipalities and private organizations in accordance with AS 16.55.020(2). The department may impose reasonable restrictions on the use of funds granted under this section.


Sec. 16.55.040. Advisory committee.
 (a) There is established in the Department of Fish and Game an Advisory Committee on Hunting and Firearm Safety. The committee consists of five members appointed by the commissioner of fish and game and serving at the commissioner’s pleasure. Members of the advisory committee serve without compensation but are entitled to per diem and travel expenses provided by law for members of boards and commissions.

 (b) The Advisory Committee on Hunting and Firearm Safety shall select one of its members as chairman.

 (c) The Advisory Committee on Hunting and Firearm Safety shall meet at the call of the chairman or at the request of a majority of its members.

 (d) The Advisory Committee on Hunting and Firearm Safety shall advise the Department of Fish and Game in fulfilling its responsibilities under this chapter.




Title 17. Food and Drugs.