Title 16 — Fish and Game
15 chapters · 520 sections in this title.
AS 16.10.525 Repayment of principal and interest on loans.
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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 [Repealed, § 67 ch 6 SLA 1984.]
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[Repealed or reserved.]
AS 16.10.540 Voluntary assessment on sale of salmon.
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(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 [Repealed, § 14 ch 122 SLA 1980.]
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[Repealed or reserved.]
AS 16.10.555 Disposal of property acquired by default or foreclosure.
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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.
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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.
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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 [Repealed, § 72 ch 113 SLA 1982.]
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Article 12. High Seas Interception of Salmon.
AS 16.10.750 Findings and purpose.
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[Repealed or reserved.]
AS 16.10.760 Trafficking in intercepted salmon.
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(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.
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(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.
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(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.
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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.
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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.
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(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.
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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.
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(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.
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(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 …
AS 16.10.820 Default.
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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.
AS 16.10.825 Special account established.
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(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…
AS 16.10.830 Disposal of property acquired after default.
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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.
AS 16.10.835 Waiver of confidentiality.
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The commissioner may release information about the borrower's loan to any individual if release of the information has been authorized by the borrower.
AS 16.10.840 Definitions.
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Article 14. Mariculture Revolving Loan Fund. 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.
AS 16.10.890 Declaration of policy.
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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.
AS 16.10.900 Mariculture revolving loan fund.
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(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…
AS 16.10.905 Powers and duties of the department.
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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…
AS 16.10.910 Eligibility.
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(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 …
AS 16.10.915 Limitations on loans.
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(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 …
AS 16.10.920 Repayment of principal of and interest on loans.
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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…
AS 16.10.923 Voluntary assessment on sale of shellfish.
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(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 …
AS 16.10.925 Default.
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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.
AS 16.10.930 Special account established.
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(a) The foreclosure expense account is established as a special account in the mariculture 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 collateral on loans granted u…
AS 16.10.935 Disposal of property acquired after default.
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The department shall dispose of property acquired through default of a loan made under AS 16.10.890 — 16.10.945. 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.
AS 16.10.940 Waiver of confidentiality.
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The commissioner may release information about the borrower's loan to any individual if release of the information has been authorized by the borrower.
AS 16.10.945 Definitions.
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In AS 16.10.890 — 16.10.945, (1) “commissioner” means the commissioner of commerce, community, and economic development; (2) “department” means the Department of Commerce, Community, and Economic Development; (3) “hatchery” has the meaning given in AS 16.40.199; (4) “mariculture”…
AS 16.12.010 Permits for shellfish enhancement projects.
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(a) Subject to the restrictions imposed by statute or regulation under this chapter, the commissioner may issue a permit to a nonprofit corporation organized under AS 10.20 for a project to (1) augment the yield and harvest of shellfish indigenous to state water above naturally o…
AS 16.12.020 Hearings before permit issuance.
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(a) At least 30 days before the issuance of a permit under AS 16.12.010, the department shall hold a public hearing in a central location in the vicinity of the proposed release of shellfish. (b) Notice of the hearing shall be published in a newspaper of general circulation once …
AS 16.12.030 Conditions of a permit.
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The department shall require, in a permit issued under this chapter, that the permit holder (1) procure shellfish from the department or a source approved by the department; (2) place shellfish only in water of the state specifically designated in the permit; (3) not procure gene…
AS 16.12.040 Alteration, suspension, or revocation of permit.
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(a) If a permit holder fails to comply with the conditions and terms of the permit issued under AS 16.12.010 within a reasonable period after notification by the department of noncompliance, the permit may be suspended or revoked, in the discretion of the commissioner. (b) If the…
AS 16.12.050 Regulations relating to released shellfish.
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(a) Shellfish released into the natural water of the state by a permit holder under this chapter are available to the people for common use and are subject to regulation under applicable law in the same way as shellfish occurring in their natural state except when they are in a s…
AS 16.12.060 Department assistance and cooperation.
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(a) Before and after permit issuance under AS 16.12.010, the department shall make reasonable efforts, within the limits of time and resources, to advise and assist applicants or permit holders, as appropriate, as to projects under AS 16.12.010, including the planning, constructi…
AS 16.12.070 Brood stock sources.
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(a) The department shall approve the source and number of shellfish taken for use as brood stock under this chapter. (b) Where feasible, a permit holder shall first take shellfish from stocks native to the area in which the shellfish will be released.
AS 16.12.080 Sale of shellfish; use of proceeds; quality and price.
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(a) A permit holder that sells shellfish harvested from the natural water of the state, or sells shellfish to another permit holder under this chapter, shall use the funds only for reasonable operating costs, including debt retirement, expanding its facilities, a project permitte…
AS 16.12.090 Cost recovery fisheries.
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(a) A permit holder may harvest shellfish for a project under AS 16.12.010 in a special harvest area through (1) 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)…
AS 16.12.100 Inspection by the department.
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(a) A permit holder shall allow the department to inspect the permit holder's facility for a project under AS 16.12.010 at any time the facility is in operation. The department shall conduct the inspection in a reasonable manner. (b) The department shall bear the cost of an inspe…
AS 16.12.110 Annual report.
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A person who holds a permit under this chapter shall submit an annual report not later than December 15 to the department. The report must be made on a form prescribed by the department and contain information pertaining to (1) species; (2) the brood stock source; (3) the number,…
AS 16.12.199 Definitions.
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In this chapter, (1) “facility” means a hatchery as defined in AS 16.40.199, a facility for the release of shellfish into natural water of the state, or a facility for a project under AS 16.12.010; (2) “genetically modified shellfish” means shellfish whose genetic structure has b…
AS 16.20.010 Legislative recognition; prohibition against ceding state authority.
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(a) The legislature recognizes that (1) the state has jurisdiction over all fish and game in the state except in those areas where it has assented to federal control; (2) the state has not assented to federal control of fish and game in (A) those areas that were set apart as Nati…
AS 16.20.020 Purpose.
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The purpose of AS 16.20.010 — 16.20.080 is to protect and preserve the natural habitat and game population in certain designated areas of the state.
AS 16.20.030 National wildlife refuges designated as state game refuges; Goose Bay State Game Refuge.
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(a) The land areas now included in the National Wildlife Refuge System that are cited in this subsection are designated as state game refuges, and the board shall assign them appropriate refuge names: (1) Aleutian Islands Refuge (except Umnak, Unalaska, Akun, Akutan, Sanak, and T…