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.
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.
The commissioner may adopt regulations necessary to implement AS 16.40.100 - 16.40.199.
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.
(a) [Repealed, Sec. 5 ch 41 SLA 2000].
(b) [Repealed, Sec. 5 ch 41 SLA 2000].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(d) [Repealed, Sec. 5 ch 41 SLA 2000].
(e) [Repealed, Sec. 5 ch 41 SLA 2000].
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 02. AQUATIC FARMING
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.
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.
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; and
(4) the proposed farm or hatchery plans and staffing plans must demonstrate technical and operational feasibility.
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.
(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.
(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).
(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.
(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 04. FISHERY ASSOCIATIONS
(1) 'sport fishing guide' means a person who is licensed to provide sport fishing guide services to persons who are engaged in sport fishing;
(2) '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 during any part of a sport fishing trip; '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 sport fishing guide;
(3) '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 taking or attempting to take fish or shellfish by a business that employs a sport fishing guide to provide sport fishing guide services to the person during any portion of a sport fishing trip; 'sport fishing services' does not include
(A) an activity for which a sport fishing guide license is required; or
(B) booking and other ancillary services provided by a tour broker or agent to a sport fishing services operator.
(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) '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;
(7) '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;
(8) '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 03. FINFISH FARMING
(a) Except as provided in (b) and (c) of this section, a person who knowingly violates AS 16.40.260 - 16.40.299 or a regulation adopted under AS 16.40.260 - 16.40.299 is guilty of a class A misdemeanor.
(b) A person who, without any culpable mental state, violates AS 16.40.270(e) is guilty of a violation.
(c) A person who knowingly violates AS 16.40.270 (e) or who knowingly fails to comply with a requirement for timely submission of reports required by a regulation adopted under AS 16.40.280 (b) 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 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) 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 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. A person who holds a permit under this section may sell or offer to sell shellfish stock to the department or to an aquatic farm or related hatchery outside of the state.
(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) 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.
(a) The department may collect information from sport fishing guides, including
(1) the name and license number of each vessel licensed under AS 16.05.490 that is used in providing sport fishing guide services;
(2) the amount of fishing effort, catch, and harvest by clients of a sport fishing guide;
(3) the locations fished during the provision of sport fishing guide services; and
(4) other information that the department or board requires by regulation.
(b) A person who holds a license issued under AS 16.40.260 or 16.40.270 shall comply with the reporting requirements in this section and reporting requirements adopted in regulation by the department or board. The department and the board may adopt by regulation requirements for timely submission of reports required under this section or under regulations adopted by the department or board.
(c) A person who is required to complete reports under this section may not provide false information or omit material facts in a report.
(d) A person who is required to complete reports under this section may not be issued a new license under AS 16.40.260 or 16.40.270 unless the department has received all reports required under this section for the preceding year.
(e) Information collected under this section is confidential to the extent provided under AS 16.05.815 .
(f) The department or board may adopt regulations under AS 44.62 (Administrative Procedure Act) that it considers necessary to implement this section.
(a) The department shall issue an annual 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 sport fishing services unless the person holds a current sport fishing operator license and has current insurance coverage as required in (a)(2) of this section.
(c) A person who holds a current sport fishing operator license may contract to provide sport fishing guide services to a sport fisherman through an employee who holds a current sport fishing guide license under AS 16.40.270 .
(d) A person who holds a current sport fishing operator license may not directly provide sport fishing guide services to a sport fisherman unless the person also holds a current sport fishing guide license under AS 16.40.270 (b).
(e) A person who holds a sport fishing operator license 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 sport fishing guide who is employed by the person or by a sport fisherman who is a client of the person.
(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.
(a) A natural person may obtain an annual 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 license to carry passengers for hire issued by the United States Coast Guard if the person operates a vessel in the provision of sport fishing guide services and the license is required by the United States Coast Guard for the area in which the fishing guide provides fishing guide services;
(4) holds a current sport fishing license from this state;
(5) pays the license fee prescribed by AS 16.05.340 (a); and
(6) satisfies all additional requirements adopted in regulation by the Board of Fisheries.
(b) A natural person may obtain an annual sport fishing operator and sport fishing guide combined license if the person satisfies the requirements for a sport fishing operator license under AS 16.40.260 and for a sport fishing guide license under this section and pays the license fee prescribed by AS 16.05.340 (a).
(c) A person may not provide sport fishing guide services unless the person
(1) holds a current sport fishing guide license; and
(2) holds a current sport fishing operator license or is an employee of a person who holds a current sport fishing operator license.
(d) A sport fishing guide may provide sport fishing guide services only to persons who have engaged the services of the sport fishing operator by whom the sport fishing guide is employed. A sport fishing guide may not contract directly with a person to provide sport fishing guide services to a person unless the sport fishing guide also holds a current sport fishing operator license.
(e) While engaged in providing sport fishing guide services, a sport fishing guide shall have readily available for inspection
(1) a current sport fishing guide license;
(2) the current licenses, tags, and permits that are required to engage in the sport fishery for which the sport fishing guide services are being provided;
(3) a driver's license or similar identification card that is issued by a state or federal agency and that bears a photograph of the fishing guide; and
(4) proof of
(A) employment as a sport fishing guide by a person who holds a current sport fishing operator license; or
(B) current licensure as a sport fishing operator.
(f) A 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 sport fishing guide; or
(2) permit the commission by a client of the sport fishing guide of a violation of AS 16.05 - AS 16.40 or a regulation adopted under AS 16.05 - AS 16.40 that the sport fishing 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.
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