Title 16 — Fish and Game
15 chapters · 520 sections in this title.
AS 16.10.335 Default and foreclosure.
3.4K chars
(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 commiss…
AS 16.10.337 Deficiencies and transfer of entry permits after foreclosure.
1.6K chars
(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 1…
AS 16.10.338 Entry permits as collateral.
1.4K chars
(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…
AS 16.10.339 Regulations.
0.1K chars
The department shall adopt regulations to implement AS 16.10.333 — 16.10.337.
AS 16.10.340 Commercial fishing revolving loan fund.
0.5K chars
(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…
AS 16.10.342 Foreclosure expense account.
0.5K chars
(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 (b) [Repealed, § 72 ch 113 SLA 1982.]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 s…
AS 16.10.345 Community quota entity revolving loan fund.
0.0K chars
[Repealed or reserved.]
AS 16.10.350 Administration of fund.
0.3K chars
(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.
AS 16.10.353 Waiver of confidentiality.
0.4K chars
(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 pur…
AS 16.10.355 Disposal of property acquired by default or foreclosure.
0.3K chars
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 p…
AS 16.10.360 Definitions.
0.7K chars
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 f…
AS 16.10.370 Short title.
0.1K chars
Article 9. Salmon Hatcheries. AS 16.10.300 — 16.10.370 may be cited as the Commercial Fishing Loan Act.
AS 16.10.375 Regional salmon plans.
0.5K chars
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 …
AS 16.10.380 Regional associations.
1.0K chars
(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 commer…
AS 16.10.400 Permits for salmon hatcheries.
2.9K chars
(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, f…
AS 16.10.410 Hearings before permit issuance.
1.0K chars
(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 thre…
AS 16.10.420 Conditions of a permit.
1.9K chars
(a) 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 thos…
AS 16.10.430 Alteration, suspension, or revocation of permit.
1.1K chars
(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…
AS 16.10.440 Regulations relating to released fish.
0.9K chars
(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…
AS 16.10.443 Department assistance and cooperation.
0.5K chars
(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 hatcherie…
AS 16.10.445 Egg sources.
0.3K chars
(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 departm…
AS 16.10.450 Sale of salmon and salmon eggs: use of proceeds; quality and price.
0.9K chars
(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 utilizi…
AS 16.10.455 Cost recovery fisheries.
6.1K chars
(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…
AS 16.10.460 Inspection of hatchery.
0.4K chars
(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 con…
AS 16.10.470 Annual report.
1.0K chars
(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 …
AS 16.10.475 Definitions. [Repealed, § 32 ch 14 SLA 1987.]
0.0K chars
[Repealed or reserved.]
AS 16.10.480 Contracts for the operation of state hatcheries.
2.9K chars
Article 10. Fisheries Enhancement Loan Program. (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 c…
AS 16.10.500 Declaration of policy.
0.5K chars
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 o…
AS 16.10.505 Fisheries enhancement revolving loan fund.
0.9K chars
(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.…
AS 16.10.507 Foreclosure expense account.
0.5K chars
(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 ne…
AS 16.10.510 Powers and duties of the commissioner.
3.0K chars
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 fo…
AS 16.10.520 Limitation on loans.
2.2K chars
(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 appr…
AS 16.10.525 Repayment of principal and interest on loans.
0.4K chars
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 pe…
AS 16.10.530 Royalty assessment on sale of salmon. [Repealed, § 67 ch 6 SLA 1984.]
0.0K chars
[Repealed or reserved.]
AS 16.10.540 Voluntary assessment on sale of salmon.
0.6K chars
(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 …
AS 16.10.550 Sale or transfer of mortgages and notes. [Repealed, § 14 ch 122 SLA 1980.]
0.0K chars
[Repealed or reserved.]
AS 16.10.555 Disposal of property acquired by default or foreclosure.
0.3K chars
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 amo…
AS 16.10.560 Definitions.
0.3K chars
Article 11. Chitina Dip Net Fishery. 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 j…
AS 16.10.570 Chitina dip net fishery.
0.7K chars
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 provide…
AS 16.10.650 Secs. 16.10.650 — 16.10.720. Fishermen's mortgage and note program. [Repealed, § 72 ch 113 SLA 1982.]
0.0K chars
Article 12. High Seas Interception of Salmon.
AS 16.10.750 Findings and purpose.
0.0K chars
[Repealed or reserved.]
AS 16.10.760 Trafficking in intercepted salmon.
0.9K chars
(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…
AS 16.10.770 Falsification related to high seas interception of salmon.
1.1K chars
(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, uttere…
AS 16.10.780 Assisting a vessel in high seas interception of salmon.
2.1K chars
(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,…
AS 16.10.790 Fines.
0.4K chars
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 offens…
AS 16.10.800 Definitions.
1.1K chars
Article 13. Commercial Charter Fisheries Revolving Loan Fund. 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,…
AS 16.10.801 Commercial charter fisheries revolving loan fund.
0.8K chars
(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) mo…
AS 16.10.805 Powers and duties of the department.
1.4K chars
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…
AS 16.10.810 Eligibility.
1.1K chars
(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 tra…
AS 16.10.815 Limitations on loans.
1.1K chars
(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 …