Title 16 — Fish and Game
15 chapters · 520 sections in this title.
AS 16.05.010 Commissioner of fish and game.
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The commissioner is the principal executive officer of the Department of Fish and Game. The commissioner shall be a qualified executive with knowledge of the requirements for the protection, management, conservation, and restoration of the fish and game resources of the state.
AS 16.05.020 Functions of commissioner.
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The commissioner shall (1) supervise and control the department, and may appoint and employ division heads, enforcement agents, and the technical, clerical, and other assistants necessary for the general administration of the department; (2) manage, protect, maintain, improve, an…
AS 16.05.030 Status of commissioner. [Repealed, § 40 ch 206 SLA 1975.]
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[Repealed or reserved.]
AS 16.05.040 Compensation of commissioner.
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The commissioner is entitled to the compensation fixed by law and, subject to appropriate state travel regulations, is entitled to reimbursement for actual and necessary traveling and other expenses incurred in the discharge of official duties.
AS 16.05.050 Powers and duties of commissioner.
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(a) The commissioner has, but not by way of limitation, the following powers and duties: (1) through the appropriate state agency and under the provisions of AS 36.30 (State Procurement Code), to acquire by gift, purchase, or lease, or other lawful means, land, buildings, water, …
AS 16.05.052 Nuisance moose.
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The department shall avoid destruction of nuisance moose if a practicable alternative exists for the relocation of the moose to suitable habitat where the moose will not be a nuisance. The commissioner may authorize one or more private individuals or groups to relocate nuisance m…
AS 16.05.053 Accounting and disposition of receipts. [Repealed, § 92 ch 36 SLA 1990. For current law, see AS 37.05.142 — 37.05.144.]
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[Repealed or reserved.]
AS 16.05.055 On-board observer program.
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(a) The commissioner may enter into appropriate contracts and agreements with agencies, such as the National Marine Fisheries Service, the North Pacific Fishery Management Council, and the International Pacific Halibut Commission, designed to ensure that on-board observer program…
AS 16.05.060 Emergency orders.
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(a) This chapter does not limit the power of the commissioner or an authorized designee, when circumstances require, to summarily open or close seasons or areas or to change weekly closed periods on fish or game by means of emergency orders. (b) The commissioner or an authorized …
AS 16.05.065 Application extension.
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(a) The commissioner shall extend the time and dates during which application may be made for fish or game registration if the commissioner finds that (1) the conservation and management of the fish or game resource will not be affected adversely; and (2) the failure to timely ap…
AS 16.05.070 Regulations as evidence.
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Regulations of a board and of the commissioner, including emergency openings and closures, are admissible as evidence in the courts of the state in accordance with AS 44.62 (Administrative Procedure Act).
AS 16.05.080 Limitation of power.
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Nothing in this chapter authorizes the department or a board to change the amount of fees or licenses.
AS 16.05.090 Organization of the department.
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(a) The commissioner may, with the approval of the governor, establish a departmental division of commercial fisheries, a departmental division of sport fisheries, a departmental division of game, and other departmental divisions as are necessary. (b) [Repealed, § 3 E.O. No. 86 (…
AS 16.05.092 Fisheries rehabilitation, enhancement, and development.
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The department shall (1) develop and continually maintain a comprehensive, coordinated state plan for the orderly present and long-range rehabilitation, enhancement, and development of all aspects of the state's fisheries for the perpetual use, benefit, and enjoyment of all citiz…
AS 16.05.094 Duties of section of subsistence hunting and fishing.
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The section of subsistence hunting and fishing shall (1) compile existing data and conduct studies to gather information, including data from subsistence users, on all aspects of the role of subsistence hunting and fishing in the lives of the residents of the state; (2) quantify …
AS 16.05.100 Fish and game fund established.
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There is created a revolving fish and game fund, which shall be used exclusively for the following: (1) to carry out the purposes and provisions of this title, except AS 16.51 and AS 16.52, or other duties that may be delegated by the legislature to the commissioner or the depart…
AS 16.05.110 Composition of fund.
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(a) The fish and game fund shall be made up of the following money and other money the legislature appropriates, which shall be deposited and retained in the fund until expended: (1) money received from the sale of state sport fishing, hunting, and trapping licenses, tags, and sp…
AS 16.05.120 Disbursement of funds.
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Upon authorization of the commissioner, disbursements from the fish and game fund shall be paid by the proper state officer on presentation of vouchers signed by the commissioner or an authorized representative, and approved by the proper state officer.
AS 16.05.130 Diversion of funds prohibited; separate accounts.
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(a) Except as provided in (c) of this section, money accruing to the state from sport fishing, hunting, and trapping licenses, tags, or permit fees may not be diverted to a purpose other than the protection, propagation, investigation, and restoration of sport fish and game resou…
AS 16.05.140 Assent to provisions of federal aid acts.
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The state assents to the Federal Aid to Wildlife Restoration Act of September 2, 1937 (16 U.S.C. 669-669j), to the Federal Aid in Fish Restoration Act of August 9, 1950 (16 U.S.C. 777-777k), to any amendment, revision, or modification of either Act, and to any other federal aid a…
AS 16.05.150 Enforcement authority.
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The following persons are peace officers of the state and they shall enforce this title except AS 16.51 and AS 16.52: (1) an employee of the department authorized by the commissioner; (2) a police officer in the state; (3) any other person authorized by the commissioner.
AS 16.05.160 Duty to arrest.
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Each peace officer designated in AS 16.05.150 shall arrest a person violating a provision of this title except AS 16.51 and AS 16.52, or any regulation adopted under this title except AS 16.51 and AS 16.52, in the peace officer's presence or view, and shall take the person for ex…
AS 16.05.165 Form and issuance of citation.
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(a) When a peace officer stops or contacts a person concerning a violation of this title except AS 16.51 and AS 16.52 or of a regulation adopted under this title except AS 16.51 and AS 16.52 that is a misdemeanor, the peace officer may, in the officer's discretion, issue a citati…
AS 16.05.170 Power to execute warrant.
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Each peace officer designated in AS 16.05.150 may execute a warrant or other process issued by an officer or court of competent jurisdiction for the enforcement of this title except AS 16.51 and AS 16.52, and may, with a search warrant, search any place at any time. The judge of …
AS 16.05.180 Power to search without warrant.
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Each peace officer designated in AS 16.05.150 may without a warrant search any thing or place if the search is reasonable or is not protected from searches and seizures without warrant within the meaning of art. I, § 14, Alaska State Constitution, which specifically enumerates “p…
AS 16.05.190 Seizure and disposition of equipment.
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Guns, traps, nets, fishing tackle, boats, aircraft, automobiles or other vehicles, sleds, and other paraphernalia used in or in aid of a violation of this chapter or a regulation of the department may be seized under a valid search, and all fish and game, or parts of fish and gam…
AS 16.05.195 Forfeiture of equipment.
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(a) Guns, traps, nets, fishing gear, vessels, aircraft, other motor vehicles, sleds, and other paraphernalia or gear used in or in aid of a violation of this title or AS 08.54, or regulation adopted under this title or AS 08.54, and all fish and game or parts of fish and game or …
AS 16.05.200 Power to administer oaths.
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Each peace officer designated in AS 16.05.150 may administer to or take from any person, an oath, affirmation, or affidavit when it is for use in a prosecution or proceeding under or in the enforcement of this chapter.
AS 16.05.210 Ineligibility for bounties.
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Article 2. Boards of Fisheries and Game. An employee or special hunter of the department may not receive or attempt to receive a bounty for the killing of a predator, or transfer the scalp or other part of a predator to another person for the purpose of collecting a bounty.
AS 16.05.220 The Board of Fish and Game. [Repealed, § 40 ch 206 SLA 1975.]
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[Repealed or reserved.]
AS 16.05.221 Boards of fisheries and game.
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(a) For purposes of the conservation and development of the fishery resources of the state, there is created the Board of Fisheries composed of seven members appointed by the governor, subject to confirmation by a majority of the members of the legislature in joint session. The g…
AS 16.05.230 Term of office. [Repealed, § 40 ch 206 SLA 1975.]
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[Repealed or reserved.]
AS 16.05.240 Powers excluded. [Repealed, § 40 ch 206 SLA 1975.]
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[Repealed or reserved.]
AS 16.05.241 Powers excluded.
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The boards have regulation-making powers as set out in this chapter, but do not have administrative, budgeting, or fiscal powers.
AS 16.05.250 Regulations. [Repealed, § 40 ch 206 SLA 1975.]
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[Repealed or reserved.]
AS 16.05.251 Regulations of the Board of Fisheries.
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(a) The Board of Fisheries may adopt regulations it considers advisable in accordance with AS 44.62 (Administrative Procedure Act) for (1) setting apart fish reserve areas, refuges, and sanctuaries in the waters of the state over which it has jurisdiction, subject to the approval…
AS 16.05.253 Operation of stationary fishing gear.
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(a) The Board of Fisheries may require a person who holds a limited entry permit or an interim-use permit under AS 16.43 to be physically present at a beach or riparian fishing site during the operation of net gear or other stationary fishing gear at the site, except when the per…
AS 16.05.255 Regulations of the Board of Game; management requirements.
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[Repealed or reserved.]
AS 16.05.256 Nonresident and nonresident alien permits.
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Whenever it is necessary to restrict the taking of big game so that the opportunity for state residents to take big game can be reasonably satisfied in accordance with sustained yield principles, the Board of Game may, through a permit system, limit the taking of big game by nonr…
AS 16.05.257 Subsistence hunting regulations. [Repealed, § 12 ch 52 SLA 1986.]
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[Repealed or reserved.]
AS 16.05.258 Subsistence use and allocation of fish and game.
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(a) Except in nonsubsistence areas, the Board of Fisheries and the Board of Game shall identify the fish stocks and game populations, or portions of stocks or populations, that are customarily and traditionally taken or used for subsistence. The commissioner shall provide recomme…
AS 16.05.259 No subsistence defense.
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In a prosecution for the taking of fish or game in violation of a statute or regulation, it is not a defense that the taking was done for subsistence uses.
AS 16.05.260 Advisory committees.
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The Board of Fisheries and the Board of Game may adopt regulations they consider advisable in accordance with AS 44.62 (Administrative Procedure Act) establishing, at places in the state designated by the individual boards, advisory committees to be composed of persons well infor…
AS 16.05.261 [Renumbered as AS 16.05.259.]
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[Repealed or reserved.]
AS 16.05.262 Establishment of big game guide concession areas.
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(a) The Board of Game shall consider and approve or disapprove a proposal to establish a big game guide concession area that would be administered by the Department of Natural Resources under AS 38.05.022 in a single game management unit or subunit. The board may only establish a…
AS 16.05.270 Delegation of authority to commissioner.
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For the purpose of administering AS 16.05.251 and 16.05.255, each board may delegate authority to the commissioner to act in its behalf. If there is a conflict between the board and the commissioner on proposed regulations, public hearings shall be held concerning the issues in q…
AS 16.05.280 Removal of board members.
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The governor may only remove a board member for inefficiency, neglect of duty, or misconduct in office, or because the member while serving on the board is convicted of a misdemeanor for violating a statute or regulation related to fish or game or of a felony, and shall do so by …
AS 16.05.290 Compensation of board members.
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Each member of a board is entitled to compensation at a rate equal to Step A, Range 20, of the salary schedule in AS 39.27.011(a) for Juneau, Alaska, for each day going to and from and for each day in actual attendance at board meetings. For other meetings or conferences authoriz…
AS 16.05.300 Board meetings.
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(a) Each board shall hold at least one meeting a year and as many other meetings as it considers necessary. Each board shall select the time and place in the state for the transaction of business. Each board shall maintain its office at the principal office of the department. (b)…
AS 16.05.305 Clerical assistance for boards.
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The Board of Fisheries and the Board of Game are authorized to hire and set the compensation for one clerical assistant for each board.