Alaska Administrative Code

Notes 5 AAC 40.800 Eff. 3/31/85, Register 93; repealed 6/11/2025, Register 254, July 2025 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison feat…

(a) A preference right under AS 16.10.400 applies to a potential salmon hatchery site and does not constitute an approval of a permit. (b) As part of the pre-application assistance described in 5 AAC 40.120, the PNP coordinator will inform the applicant whether a qualified region…

Notes 5 AAC 40.820 Eff. 3/31/85, Register 93; am 4/28/95, Register 134; repealed 6/11/2025, Register 254, July 2025 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly rel…

A hatchery permit holder shall notify the PNP coordinator when construction of a hatchery has been completed and each facility of the hatchery is ready for operation. A facility must be approved by the department before the permit holder may start operations. The department may c…

(a) Beginning on the first year of operation of a hatchery, and on an annual basis after that, the department shall work with a permit holder to prepare an annual management plan to guide hatchery operations in accordance with the hatchery permit. The PNP coordinator shall coordi…

Notes 5 AAC 40.850 Eff. 3/31/85, Register 93; am 4/25/2021, Register 238, July 2021; repealed 6/11/2025, Register 254, July 2025 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior …

(a) Based on a department review, the PNP coordinator will notify the commissioner if a hatchery operator's performance is inadequate, according to the conditions under which the hatchery permit was granted. (b) The commissioner may consider a hatchery permit alteration, suspensi…

(a) If, in any of a hatchery's operations an event occurs that results in significant mortalities, the hatchery permit holder shall inform the PNP coordinator immediately and submit an incident report, which must include (1) a description of the nature of the incident; (2) the ca…

(a) Salmon eggs are surplus if the following conditions are met: (1) the hatchery operator no longer needs to return to the indigenous stocks in order to develop the broodstock for the hatchery; and (2) broodstock needs for the hatchery, as identified in the annual management pla…

(a) Shellfish enhancement species are surplus if the broodstock needs for a hatchery identified in the annual management plan have been met. (b) A proposed sale of surplus broodstock by a hatchery permit holder must be identified in the annual management plan. (c) A hatchery perm…

The department will exchange information with the Department of Commerce, Community, and Economic Development, including copies of annual reports required to be submitted by a hatchery permit holder under AS 16.10.470 or AS 16.12.110, to ensure consistency between reports submitt…

In this chapter, (1) "commissioner" means the commissioner of the Department of Fish and Game or the commissioner's designee; (2) "common property fishery" means any fishery in which the general public is allowed to harvest fish subject to state and federal law; (3) "completed ap…

The provisions of this chapter govern the collection, transportation, possession, propagation, or release of aquatic organisms transplanted for or cultivated for human consumption or sport fishing purposes, or as part of a program for scientific, educational, or propagative purpo…

(a) Except as otherwise provided, a person may not collect, transport, possess, propagate, export from the state, or release into the waters or the landes of the state, any aquatic organism, unless the person holds a fish transport or aquatic resource permit issued by the commiss…

(a) Each applicant for a fish transport or aquatic resource permit shall submit, on a form provided by the department, the following information: (1) identification of each species and location of the stock to be collected, transported, possessed, propagated, or released; (2) the…

If the disease history of the broodstock is unavailable or incomplete and the department requires under 5 AAC 41.010(a)(5), an inspection of the broodstock to detect disease must be scheduled by the applicant and conducted by the appropriate fish pathology section of the departme…

(1) the commissioner will issue a permit if the commissioner determines that the proposed activity will not adversely affect the continued health and perpetuation of native, wild, or enhanced stocks of aquatic organisms, fisheries, and research, management, monitoring, or enforce…

(a) A permit holder may request amendment of a fish transport or aquatic resource permit by submitting, in writing to the department office where the permit was issued, an amended plan and a statement explaining why the amendment is necessary. (b) The commissioner will issue an a…

The commissioner may prescribe conditions on a fish transport or aquatic resource permit to control the occurrence of disease, genetic change, or other disturbances of biological origin affecting native, wild, or enhanced stocks, or to minimize effect on fisheries or other uses o…

(a) After issuance, a copy of the fish transport or aquatic resource permit including any amendments must be retained by the permit holder and be made available upon request for inspection by a representative of the department or a law enforcement officer of the Department of Pub…

(a) Except as provided in (b) - (d) of this section, no person may import any live fish into the state for purposes of stocking or rearing in the waters or the lands of the state. (b) Live oysters from the Pacific Coast of North America may be imported, transported, or possessed …

(a) In consultation with the department, the board will classify certain normative species as banned invasive species under this section. (b) When considering proposals to classify a certain normative species as a banned invasive species, or removing a species from the list of ba…

(a) The requirements of this section apply to all public and private egg-take programs, fish hatcheries, and fish rearing facilities in the state. (b) Within 24 hours of taking and fertilizing live fish eggs or transporting live fish eggs between watersheds, all eggs must be trea…

The commissioner may delegate to designated employees of the department the authority to administer the provisions of this chapter. Notes 5 AAC 41.090 In effect before 1988; am 2/24/2011, Register 197 Authority:AS 16.05.020 AS 16.05.270 State regulations are updated quarterly; we…

Notes 5 AAC 41.100 In effect before 1988; am 2/24/2011, Register 197; repealed 1/10/2018,Register 225, April 2018 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly relea…

The provisions of 5 AAC 41.200 - 5 AAC 41.400 (1) apply to applications for, and review and issuance of, (A) aquatic farm and hatchery operation permits; (B) stock acquisition and transport permits; and (C) shellfish and aquatic plant transfer permits; and (2) establish procedure…

Notes 5 AAC 41.210 Eff. 4/10/88, Register 106; am 8/12/89, Register 111; repealed 6/17/2001, Register 158 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More…

(a) An applicant for an aquatic farm or hatchery operation permit that requires the use of state tideland or submerged land managed by the Department of Natural Resources (DNR) must submit, during an application filing period under 11 AAC 63.020, the multi-agency application iden…

If, after an application has been submitted to the department, the department determines that information in the application is insufficient for an adequate evaluation of the proposed aquatic farm or hatchery, the department will request additional information from the applicant …

For the purposes of 5 AAC 41.200 - 5 AAC 41.400, the commissioner determines that an insignificant population of (1) geoducks is (A) no more than 12,000 pounds of geoducks on a six-acre aquatic farm site; or (B) an average of no more than 2,000 pounds per acre of an aquatic farm …

(a) The commissioner will review aquatic farm and hatchery operation permit applications, department surveys, and other site specific information and will issue an aquatic farm or hatchery operation permit if the commissioner determines that, to the extent practicable, (1) the ph…

Notes 5 AAC 41.245 Eff. 6/17/2001, Register 158; am 2/13/2004, Register 169; repealed 5/19/2005, Register 174 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. …

In the course of operating an on-bottom aquatic farm, an aquatic farm operation permit holder may harvest and sell an insignificant population of wild stock of the species, as determined under 5 AAC 41.235, that are approved for culture and occupying the aquatic farm site at the …

(a) The commissioner will attach conditions to an aquatic farm or hatchery operation permit, including requirements that a permit holder (1) improve the productivity of the species intended for culture according to the operation and development plan; (2) limit an aquatic farm or …

(a) An aquatic farm or hatchery operation permit holder may submit a request to the department for an amendment to the operation permit on the amendment form provided by the department. (b) The commissioner will issue a decision on the request for an amendment to the operation pe…

(a) Within one year after the harvest of wild stock geoducks on an aquatic farm site begins, the aquatic farm operation permit holder shall provide to the department proof under (b) of this section that the permit holder has reseeded the aquatic farm site where the wild stock geo…

(a) After at least five years from the date of first planting of spat on an aquatic farm site, an aquatic farm operation permit holder may submit a request to the department for an amendment to the operation permit under 5 AAC 41.255 regarding the status of geoducks on the aquati…

(a) An aquatic farm or hatchery operation permit holder shall retain a copy of the operation permit, including any amendments, and make it available upon the request of a representative of the department or the Department of Public Safety. (b) For the purpose of inspecting and mo…

(a) At least 24 hours before the landing of each harvest of wild stock harvested from the permit holder's aquatic farm site, the permit holder must notify, during business hours, a representative of the department by telephone. The notification must include (1) an estimate of the…

Notes 5 AAC 41.275 Eff. 6/17/2001, Register 158; repealed 5/19/2005, Register 174 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features wil…

(a) The annual report form specified in 5 AAC 41.270(e) will include the brood stock acquisitions and production by species conducted by a permitted hatchery the previous year and other information requested by the commissioner. (b) No later than January 15 of each year, a hatche…

An aquatic farm or hatchery site must be marked as follows: (1) for a suspended culture operation, an identification surface buoy or sign with the name, physical address, and telephone number of the principal operator with legible numbers and letters that are at least one and one…

(a) At least 30 days before the expiration date of the operation permit or the date of transfer, an aquatic farm or hatchery operation permit holder must apply for the renewal or transfer of an operation permit by submitting the (1) renewal or transfer form provided by the depart…

Wild stock of the species identified for culture in the operation permit that settle on an aquatic farm, hatchery site, or culture gear, become the property of the aquatic farm or hatchery operation permit holder as a condition of the operation permit. Notes 5 AAC 41.285 Eff. 5/1…

(a) A person, including an aquatic farm or hatchery operation permit holder, intending to collect wild stock from outside an aquatic farm site, for the purpose of providing broodstock or seed stock to an aquatic farm or hatchery, or an aquatic farm or hatchery operator intending …

(a) A transfer of stock to, from, or between an aquatic farm, hatchery, or stock acquisition site may not occur without a stock transport permit issued by the commissioner. An applicant shall apply on a stock transport permit application form provided by the department and submit…

Notes 5 AAC 41.300 Eff. 8/12/89, Register 111; am 12/16/98, Register 148; repealed 6/17/2001, Register 158 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. Mor…

(a) The department will continue to develop and implement a statewide fish health program in accordance with AS 16.40.150 and 5 AAC 41.001 - 5 AAC 41.400. (b) An aquatic farm operation permit holder shall submit a verbal incident report within 48 hours when a significant loss occ…

(a) A person adversely affected by the commissioner's decision under 5 AAC 41.240, 5 AAC 41.250, 5 AAC 41.255, or 5 AAC 41.280 may request that the commissioner reconsider that decision under this section only if the person has new or additional information relevant to the decisi…

Unless the context requires otherwise, in 5 AAC 41.200 - 5 AAC 41.400, (1) "aquatic farm" has the meaning given in AS 16.40.199; (2) "aquatic farm product" has the meaning given in AS 16.40.199; (3) "aquatic farm site" means a tract of land permitted and used for commercial produ…