Title 16, Fish and Game

AS 16.10.010 — 16.10.050 do not affect the vested rights or privileges granted by federal statute to any person.

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 econo…

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 ordinaril…

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 …

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.

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, o…

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.

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 secti…

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 fi…

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.

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 fulles…

(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…

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 em…

(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 th…

(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 salt…

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 indistinguis…

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 takin…

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 posses…

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 fi…

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.

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.

(a) A person may not take out of or ship, transport, or send from this state any commercially taken live crab, unless the crab have been landed in a port in the state and recorded on a fish ticket form prescribed by the department. (b) Notwithstanding (a) of this section, live cr…

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 bo…

(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 ori…

(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; a…

(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 th…

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.

(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 ave…

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

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…

(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 16.10.27…

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 st…

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-t…

(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…

(a) [See delayed amendment note.] 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…

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 b…

(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…

(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…

(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…

(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…

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

(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…

(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…

(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.

(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…