Title 16, Fish and Game

(a) Except as provided in AS 16.10.333 — 16.10.338 and in AS 44.81.231 — 44.81.250, entry permits and interim-use permits are transferable only through the commission as provided in this section and AS 16.43.180 and under regulations adopted by the commission. An involuntary tran…

(a) The commission shall adopt regulations providing for the temporary emergency transfer of entry permits and interim-use permits when illness, disability, death, required military or government service, or other unavoidable hardship prevents the permit holder from participating…

(a) The commission shall establish administrative areas suitable for regulating and controlling entry into the commercial fisheries. The commission shall make the administrative areas reasonably compatible with the geographic areas for which specific commercial fishing regulation…

(a) For each fishery that is not subject to a maximum number of entry permits under AS 16.43.240 and not subject to a moratorium under AS 16.43.225, the commission shall issue interim-use permits under regulations adopted by the commission to all applicants who can establish thei…

(a) The commission shall adopt regulations specifying the dates and places of application, the procedures to be followed in renewal of the interim-use permit including the time, place of its renewal, and for any other purpose incident to the administration of interim-use permits …

(a) Subject to (b) of this section, the commission may establish a moratorium on new entrants into a fishery (1) that has experienced recent increases in fishing effort that are beyond a low, sporadic level of effort; (2) that has achieved a level of harvest that may be approachi…

(a) The commission may establish a moratorium on new entrants into the southeast Alaska Dungeness crab fishery for a continuous period of up to four years without complying with AS 16.43.225(a) — (c). While the moratorium is in effect, the commission shall (1) conduct the investi…

(a) [Repealed, § 4 ch 125 SLA 1996.] (b) [Repealed, § 4 ch 125 SLA 1996.] (c) [Repealed, § 4 ch 125 SLA 1996.] (d) [Repealed, § 4 ch 125 SLA 1996.] (e) [Repealed, § 22 ch 9 SLA 2014.] (f) Notwithstanding AS 16.43.225, for the purposes of this chapter, (1) an interim-use permit is…

Pending the determination of maximum numbers of entry permits under AS 16.43.240 and before the initial issue of entry permits under AS 16.43.270, the commission shall designate as distressed fisheries those for which it estimates that the optimum number of entry permits will be …

(a) Except as provided in AS 16.43.270(a), the maximum number of entry permits for a distressed fishery designated under AS 16.43.230 shall be the highest number of units of gear fished in that fishery during any one of the four years immediately preceding January 1, 1973. (b) Wh…

(a) Following the establishment of the maximum number of units of gear for a particular fishery under AS 16.43.240, the commission shall adopt regulations establishing qualifications for ranking applicants for entry permits according to the degree of hardship that they would suff…

(a) The commission shall accept applications for entry permits only from applicants who have harvested fishery resources commercially while participating in the fishery as holders of gear licenses issued under former AS 16.05.536 — 16.05.670 or interim-use permits under AS 16.43.…

(a) The commission shall issue entry permits, for each fishery, first to all qualified applicants in the priority classifications designated under AS 16.43.250(b) and then to qualified applicants in order of descending priority classification, until the number of entry permits is…

Following the issuance of entry permits under AS 16.43.270, the commission shall establish the optimum number of entry permits for each fishery based upon a reasonable balance of the following general standards: (1) the number of entry permits sufficient to maintain an economical…

(a) The commission may increase or decrease the optimum number of entry permits for a fishery when one or more of the following conditions makes a change desirable considering the purposes of this chapter: (1) an established long-term change in the biological condition of the fis…

(a) When the optimum number of entry permits is less than the number of entry permits outstanding in a fishery, the commission may establish a buy-back program, a buy-back plan, and a buy-back fund for that fishery. (b) The commission may establish by regulation a permit buy-back…

The commission shall adopt regulations providing for the purchase of transferable entry permits with money in the buy-back fund for each fishery. The commission shall cease purchases of entry permits in a fishery when the number of entry permits in the fishery has been reduced to…

(a) When the number of outstanding entry permits for a fishery is less than the optimum number established under AS 16.43.290, the commission shall issue new entry permits to applicants who are presently able to engage actively in the fishery until the optimum number is reached. …

(a) In addition to entry permits and interim-use permits, the commission may issue educational entry permits to public, private, or denominational educational institutions accredited by the Department of Education and Early Development or accredited institutions, career, or vocat…

(a) Educational entry permits may be applied for on an annual basis and shall be issued for a term of one year. The permits are nontransferable. (b) A recipient may be issued an educational entry permit valid for designated fisheries in the administrative area the commission dete…

Fish caught under the authority of an educational entry permit are the property of the recipient of the permit. The recipient may sell the fish and use the proceeds to pay for the costs of the training program. Revenues generated from the sale of fish harvested under an education…

The recipient of an educational entry permit shall report to the commission costs and earnings, amount of harvest, and other information the commission requires to monitor training programs of recipients of educational entry permits.

(a) Use privileges granted under AS 16.43.340 — 16.43.390 are subject to the regulations of the Board of Fisheries, which may adopt regulations exclusively applicable to the use of educational entry permits. (b) The commission shall adopt regulations relating to the issuance of e…

In AS 16.43.340 — 16.43.390, “recipient” means the entity to which an educational entry permit is issued.

(a) In addition to entry permits, interim-use permits, and educational permits, the commission may issue special harvest area entry permits to (1) holders of private, nonprofit hatchery permits issued by the Department of Fish and Game under AS 16.10.400 — 16.10.475 for salmon; a…

(a) Special harvest area entry permits may be applied for on an annual basis and shall be issued for a term of one year. A permit is nontransferable. (b) A special harvest area entry permit may only be issued for the applicable area designated by the Department of Fish and Game a…

Fish caught under the authority of a special harvest area entry permit are the property of the permit holder. The permit holder may sell the fish if the proceeds are used in the manner described in AS 16.10.450.

For the purposes of harvesting salmon or shellfish, a special harvest area entry permit holder may employ any fishing gear designated as legal gear in the applicable special harvest area by the Board of Fisheries.

(a) Use privileges granted under AS 16.43.400 — 16.43.440 are subject to the regulations of the Board of Fisheries. (b) The commission, after consultation with the Department of Fish and Game, shall adopt regulations that are reasonably necessary to implement AS 16.43.400 — 16.43…

(a) For the purpose of identifying frequent violators of commercial fishing laws in salmon fisheries, the commission shall adopt regulations establishing a uniform system for the suspension of commercial salmon fishing privileges by assigning demerit points for convictions for vi…

(a) Notice of each assessment of points shall be given to the permit holder. Notice shall also be given to the permit holder before the expiration of a suspension of commercial salmon fishing privileges under AS 16.43.850(d) that subsequent violations of commercial fishing laws i…

(a) A permit holder whose commercial salmon fishing privileges for a salmon fishery are suspended under AS 16.43.850 — 16.43.895 may not obtain an entry permit or interim-use permit for that salmon fishery during the period of the suspension of the privileges. During the period f…

The commission shall provide notice of determinations of the commission under AS 16.43.850 — 16.43.895. Respondents may request a hearing under regulations adopted by the commission under AS 16.43.110.

(a) A court that convicts a person of a violation of commercial fishing laws under this title or under a regulation adopted under this title in a salmon fishery shall forward a record of the conviction to the commission on a weekly basis. (b) A conviction on a plea of nolo conten…

In AS 16.43.850 — 16.43.895, (1) “commercial fishing law” means a statute or regulation that regulates the conduct of a person engaged in commercial fishing activities by establishing requirements relating to fishing licenses and permits; catch records and reports; size, nature, …

This chapter does not apply to activities authorized by a permit issued under AS 16.40.100 or 16.40.120.

Except as provided in AS 16.10.333 — 16.10.338, AS 16.43.170(g), AS 44.81.215, and 44.81.231 — 44.81.250, commercial fishing privileges granted under this chapter, including entry permits, are exempt from claims of creditors, including claims under AS 09.38.065 and AS 45.29.408.

Nothing in this chapter limits the powers of the Board of Fisheries, including the power to determine legal types of gear and the power to establish size limitations or other uniform restrictions applying to a certain type of gear. Holders of interim-use permits or entry permits …