Title 16 — Fish and Game
15 chapters · 520 sections in this title.
AS 16.05.881 Construction without approval prohibited.
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If a person or governmental agency begins construction on a work or project or use for which notice is required by AS 16.05.871 without first providing plans and specifications subject to the approval of the commissioner for the proper protection of fish and game, and without fir…
AS 16.05.890 Exemption for emergency situations. [Repealed, E.O. No. 107, § 44 (2003).]
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[Repealed or reserved.]
AS 16.05.891 Exemption for emergency situations.
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In an emergency arising from weather or stream flow conditions, the commissioner, through authorized representatives, shall issue oral permits to a riparian owner for removing obstructions or for repairing existing structures without the necessity of submitting prepared plans and…
AS 16.05.895 Penalty for causing material damage. [Repealed, E.O. No. 107, § 44 (2003).]
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[Repealed or reserved.]
AS 16.05.896 Penalty for causing material damage.
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If a person or governmental agency fails to notify the commissioner of any construction or use that causes material damage to the spawning beds or prevents or interferes with the migration of anadromous fish, or by neglect or noncompliance with plans and specifications required a…
AS 16.05.900 Penalty for violations of AS 16.05.870 — 16.05.895. [Repealed, E.O. No. 107, § 44 (2003).]
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[Repealed or reserved.]
AS 16.05.901 Penalty for violations of AS 16.05.871 — 16.05.896.
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Article 9. General Provisions. (a) A person who violates AS 16.05.871 — 16.05.896 is guilty of a class A misdemeanor. (b) The court shall transmit the proceeds of all fines to the proper state officer for deposit in the general fund of the state.
AS 16.05.902 Personnel and equipment used in exploration work.
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Alaska residents and equipment shall be given preference in exploration work to be done by the department.
AS 16.05.903 Big game photography contest. [Repealed, § 29 ch 132 SLA 1984.]
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[Repealed or reserved.]
AS 16.05.905 Activities by aliens prohibited.
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(a) Alien persons not lawfully admitted to the United States are prohibited from engaging in commercial fishing activities or taking marine mammals in the territorial waters of the state as they presently exist or may be extended in the future. (b) An alien person who violates (a…
AS 16.05.910 Penalty. [Renumbered as AS 16.05.905(b).]
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[Repealed or reserved.]
AS 16.05.920 Prohibited conduct generally.
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(a) Unless permitted by AS 16.05 — AS 16.40 or by regulation adopted under AS 16.05 — AS 16.40, a person may not take, possess, transport, sell, offer to sell, purchase, or offer to purchase fish, game, or marine aquatic plants, or any part of fish, game, or aquatic plants, or a …
AS 16.05.921 Venomous reptiles and insects or their eggs; prohibited conduct; permits.
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(a) A person may not import, possess, transport, or release in the state live venomous reptiles, live venomous reptile eggs, live venomous insects, or live venomous insect eggs, except in accordance with the terms of a permit issued under (b) of this section. This prohibition doe…
AS 16.05.925 Penalty for violations.
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(a) Except as provided in AS 16.05.430, 16.05.665, 16.05.722, 16.05.723, 16.05.783, 16.05.831, 16.05.861, and 16.05.905, a person who violates AS 16.05.920 or 16.05.921, or a regulation adopted under this chapter or AS 16.20, is guilty of a class A misdemeanor. (b) In addition to…
AS 16.05.930 Exempted activities.
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(a) This chapter does not prevent the collection or exportation of fish and game, a part of fish or game or a nest or egg of a bird for scientific or educational purposes, or for propagation or exhibition purposes under a permit that the department may issue and prescribe the ter…
AS 16.05.935 Restrictions on cooperation with federal government.
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(a) In recognition of the fact that the state has not assented to federal control of fish and game in Glacier Bay National Park and Preserve or the navigable waters within or adjoining the park and preserve, that the power to control the management of fish and game within the bou…
AS 16.05.940 Definitions.
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In AS 16.05 — AS 16.40, (1) “aquatic plant” means any species of plant, excluding the rushes, sedges, and true grasses, growing in a marine aquatic or intertidal habitat; (2) “barter” means the exchange or trade of fish or game, or their parts, taken for subsistence uses (A) for …
AS 16.05.950 Short title of the chapter.
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This chapter may be cited as the Fish and Game Code.
AS 16.10.010 Interference with salmon spawning streams and waters.
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(a) A person may not, without first applying for and obtaining a permit or license from the Department of Environmental Conservation, (1) obstruct, divert, or pollute waters of the state, either fresh or salt, utilized by salmon in the propagation of the species, by felling trees…
AS 16.10.020 Grounds for permit or license.
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If in the judgment of the Department of Environmental Conservation, the purpose of the applicant for the permit or license is to develop power, obtain water for civic, domestic, irrigation, manufacturing, mining, or other purposes tending to develop the natural resources of the s…
AS 16.10.030 Penalty for violation of AS 16.10.010 — 16.10.050.
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A person who violates AS 16.10.010 — 16.10.050 is guilty of a misdemeanor and, upon conviction, is punishable by a fine of not less than $100 nor more than $500.
AS 16.10.040 Disposition of money received for fines and penalties.
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The proceeds of all fines and penalties imposed under AS 16.10.010 — 16.10.050 shall be paid into the general fund and they shall be immediately available for expenditure by the Department of Fish and Game.
AS 16.10.050 Construction of AS 16.10.010 — 16.10.050.
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Article 2. Interference with Commercial Fishing Gear. AS 16.10.010 — 16.10.050 do not affect the vested rights or privileges granted by federal statute to any person.
AS 16.10.055 Interference with commercial fishing gear.
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Article 3. Fish Traps and Other Illegal Fishing Devices. 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” mean…
AS 16.10.060 Prohibition against use of fish traps. [Repealed, § 27 ch 127 SLA 1974.]
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[Repealed or reserved.]
AS 16.10.070 Operation of fish traps.
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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 16.10.080 Federal compact exempted.
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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 …
AS 16.10.090 Penalty for violation of AS 16.10.070.
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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.
AS 16.10.100 Erection of fish traps prohibited on land or water owned by state.
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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…
AS 16.10.110 Penalty for violation of AS 16.10.100.
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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.
AS 16.10.120 Use of drum or reel in operation of purse seine.
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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…
AS 16.10.125 Use of termination device on shellfish and bottom fish pot required.
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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…
AS 16.10.130 Penalty for violation of AS 16.10.120 or 16.10.125.
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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.
AS 16.10.140 Secs. 16.10.140 — 16.10.160. Taking of herring spawn. [Repealed, § 2 ch 91 SLA 1970.]
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Article 4. Utilization of Pollock and Herring.
AS 16.10.164 Policy on utilization of pollock.
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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…
AS 16.10.165 Utilization of groundfish taken in a commercial fishery.
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(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…
AS 16.10.172 Legislative policy on utilization of herring.
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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…
AS 16.10.173 Utilization of commercially taken herring.
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(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…
AS 16.10.175 Removal of herring from state.
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Article 5. Migratory Fish and Shellfish. (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 h…
AS 16.10.180 Legislative findings.
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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…
AS 16.10.190 Regulations.
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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…
AS 16.10.200 Unlawful taking prohibited.
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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…
AS 16.10.210 Unlawful sale or offer prohibited.
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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…
AS 16.10.220 Penalty for violation of AS 16.10.200 and 16.10.210.
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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 16.10.230 Exemptions.
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Article 6. Transportation of Fish and Shellfish. 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 sal…
AS 16.10.240 Transportation of live crab.
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(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…
AS 16.10.250 Penalty.
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Article 7. Purchase of Fish. 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…
AS 16.10.265 Purchase of fish from permit holders.
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(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…
AS 16.10.267 Possession of permit and identification by seller.
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(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…
AS 16.10.268 Notice of liability.
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(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…