Title 16, Fish and Game

(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…

(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…

(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…

(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…

(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…

(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…

(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…

(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…

(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…

(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…

(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…

(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 …

(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 en…

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…

(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.…

(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…

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…

(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…

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…

(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 …

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…

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.

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…

(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 fishin…

(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…

(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…

(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,…

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…

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 vess…

(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…

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…

(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…

(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 …

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.

(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 collater…

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.

The commissioner may release information about the borrower's loan to any individual if release of the information has been authorized by the borrower.

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.

It is the policy of the state, under AS 16.10.890 — 16.10.945, to promote mariculture and the enhancement of the state's shellfish fisheries by means of long-term, low-interest loans.

(a) The mariculture revolving loan fund is created in the Department of Commerce, Community, and Economic Development to carry out the purposes of AS 16.10.890 — 16.10.945. (b) The mariculture revolving loan fund consists of the following: (1) money appropriated to, transferred t…

The department may (1) make loans to eligible applicants under AS 16.10.890 — 16.10.945 for the planning, construction, and operation of a (A) mariculture business; (B) hatchery that artificially propagates marine aquatic plants or shellfish; or (C) a shellfish enhancement projec…

(a) For an applicant to be eligible for a loan under AS 16.10.890 — 16.10.945, the applicant shall be (1) a resident of the state who has (A) a permitted mariculture farm location in this state; and (B) experience or training in the mariculture industry; or (2) a resident of the …

(a) Except as provided in (b) and (c) of this section, a loan under AS 16.10.890 —16.10.945 (1) may not exceed (A) $100,000 a year for an applicant under AS 16.10.910(a)(1); or (B) $1,000,000 a year for an applicant under AS 16.10.910(a)(2); (2) may not, unless extended under AS …

The department may not require the repayment of the principal of and interest on a loan made under AS 16.10.910 during the first six years of the loan. However, for a loan made under AS 16.10.910(a)(2), the department may defer repayment of the principal of and interest on the lo…

(a) An association of persons who hold entry permits under AS 16.43 comprising at least 51 percent of the persons holding entry permits and actively participating in a fishery to be benefited by a hatchery program may levy and collect an assessment from among its members for the …

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.