AS Title 16, Chapter 5: Fish and Game Code and Definitions

Chapter 05. Fish and Game Code and Definitions. Article 1. The Department of Fish and Game. Sec. 16.05.010. Commissioner of fish and game. 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. Sec. 16.05.020. Functions of commissioner. 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, and extend the fish, game and aquatic plant resources of the state in the interest of the economy and general well-being of the state; (3) have necessary power to accomplish the foregoing including, but not limited to, the power to delegate authority to subordinate officers and employees of the department. Sec. 16.05.030. Status of commissioner. [Repealed, § 40 ch 206 SLA 1975.] Sec. 16.05.040. Compensation of commissioner. 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. Sec. 16.05.050. Powers and duties of commissioner. (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, rights-of-way, or other necessary or proper real or personal property when the acquisition is in the interest of furthering an objective or purpose of the department and the state; (2) under the provisions of AS 36.30 , to design and construct hatcheries, pipelines, rearing ponds, fishways, and other projects beneficial for the fish and game resources of the state; (3) to accept money from any person under conditions requiring the use of the money for specific purposes in the furtherance of the protection, rehabilitation, propagation, preservation, or investigation of the fish and game resources of the state or in settlement of claims for damages to fish or game resources; (4) to collect, classify, and disseminate statistics, data and information that, in the commissioner's discretion, will tend to promote the purposes of this title except AS 16.51 and AS 16.52 ; (5) to take, capture, propagate, transport, buy, sell, or exchange fish or game or eggs for propagating, scientific, public safety, or stocking purposes; (6) under the provisions of AS 36.30 , to provide public facilities where necessary or proper to facilitate the taking of fish or game, and to enter into cooperative agreements with any person to effect them; (7) to exercise administrative, budgeting, and fiscal powers; (8) under the provisions of AS 36.30 , to construct, operate, supervise, and maintain vessels used by the department; (9) to authorize the holder of an interim-use permit under AS 16.43 to engage on an experimental basis in commercial taking of a fishery resource with vessel, gear, and techniques not presently qualifying for licensing under this chapter in conformity with standards established by the Alaska Commercial Fisheries Entry Commission; (10) not later than January 31 of each year, to provide to the commissioner of revenue the names of those fish and shellfish species that the commissioner of fish and game designates as developing commercial fish species for that calendar year; a fish or shellfish species is a developing commercial fish species if, within a specified geographical region, (A) the optimum yield from the harvest of the species has not been reached; (B) a substantial portion of the allowable harvest of the species has been allocated to fishing vessels of a foreign nation; or (C) a commercial harvest of the fish species has recently developed; (11) to initiate or conduct research necessary or advisable to carry out the purposes of this title except AS 16.51 and AS 16.52 ; (12) to enter into cooperative agreements with agencies of the federal government, educational institutions, or other agencies or organizations, when in the public interest, to carry out the purposes of this title except AS 16.51 and AS 16.52 ; (13) to implement an on-board observer program authorized by the Board of Fisheries under AS 16.05.251 (a)(13); implementation (A) must be as unintrusive to vessel operations as practicable; and (B) must make scheduling and scope of observers' activities as predictable as practicable; (14) to sell fish caught during commercial fisheries test fishing operations; (15) to establish and charge fees equal to the cost of services provided by the department, including provision of public shooting ranges, broodstock and eggs for private nonprofit hatcheries, department publications, and other direct services, and reasonable fees for the use of state facilities managed by the department; fees established under this paragraph for tours of hatchery facilities, commercial use of sport fishing access sites, and for operation of state hatchery facilities by private aquaculture associations are not subject to the cost limit under AS 37.10.050 (a); (16) to permit and regulate aquatic farming in the state in a manner that ensures the protection of the state's fish and game resources and improves the economy, health, and well-being of the citizens of the state; (17) to operate state housing and facilities for employees, contractors, and others in support of the department's responsibilities and to charge rent that is consistent with applicable collective bargaining agreements, or, if no collective bargaining agreement is applicable, competitive with market conditions; rent received from tenants shall be deposited in the general fund; (18) to petition the Alaska Commercial Fisheries Entry Commission, unless the Board of Fisheries disapproves the petition under AS 16.05.251 (g), to establish a moratorium on new entrants into commercial fisheries (A) that have experienced recent increases in fishing effort that are beyond a low, sporadic level of effort; (B) that have achieved a level of harvest that may be approaching or exceeding the maximum sustainable level for the fishery; and (C) for which there is insufficient biological and resource management information necessary to promote the conservation and sustained yield management of the fishery; (19) to promote fishing, hunting, and trapping and preserve the heritage of fishing, hunting, and trapping in the state. (b) The commissioner shall annually submit a report to the (1) Board of Game regarding the department's implementation during the preceding three years of intensive management programs that have been established by the board under AS 16.05.255 for identified big game prey populations; (2) legislature regarding the Board of Game's allocation of big game hunting opportunities in the preceding calendar year; the commissioner shall file the report with the senate secretary and the chief clerk of the house of representatives on or before February 1 and notify the legislature that the report is available; the report must include (A) a summary description of the big game hunting opportunities provided to residents and nonresidents; (B) a detailed description of how big game hunting opportunities for each big game species were allocated (i) to residents, guided nonresidents, nonprofit organizations for auction under AS 16.05.343 (a) and (c), and, if applicable, nonguided nonresidents; (ii) by hunt type; (iii) within each game management unit; and (C) other information and data relevant to allocation of big game hunting opportunities in the state by the Board of Game. Sec. 16.05.052. Nuisance moose. 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 moose to suitable habitat designated by the department if, upon review and evaluation of a written application and proposal, the commissioner finds that the individual or group is qualified to relocate nuisance moose without undue danger to the public, themselves, or the moose. Before relocating nuisance moose, an authorized individual or group shall provide financial assurances acceptable to the commissioner that will cover the state's reasonable anticipated costs of the relocation and indemnify the state for liability for damages to private persons and property arising from the actions of the individual or group in relocating nuisance moose under this section. The authorized individual or group shall reimburse the state for its costs that arise from relocating nuisance moose. A civil action to recover damages or costs that arise from relocating nuisance moose may not be brought against the state or a political subdivision, officer, or employee of the state. If darts containing narcotics are used to tranquilize moose, all of the darts shall be recovered and properly disposed. In this section, “nuisance moose” means moose designated by the department in an area of concentrated human population that pose a significant risk to the health, safety, or economic well-being of persons in the area. Sec. 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.] Sec. 16.05.055. On-board observer program. (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 programs conducted in the fisheries of the state are coordinated and consistent with each other for vessels operating in state and federal water. (b) The master of a vessel, as a condition of participating in a fishery for which an on-board observer program is authorized by the Board of Fisheries under AS 16.05.251 , shall consent in writing to the placement of an observer aboard the vessel. Sec. 16.05.060. Emergency orders. (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 designee may, under criteria adopted by the Board of Fisheries, summarily increase or decrease sport fish bag limits or modify methods of harvest for sport fish by means of emergency orders. (c) An emergency order has the force and effect of law after field announcement by the commissioner or an authorized designee. An emergency order adopted under this section is not subject to AS 44.62 (Administrative Procedure Act). Sec. 16.05.065. Application extension. (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 apply is the result of excusable neglect. (b) The fee for an extension granted under this section is $45. (c) As used in this section, “excusable neglect” does not include unfamiliarity with or ignorance of applicable laws and regulations. In order to show excusable neglect, a person must have demonstrated, before the registration deadline, an intent to harvest fish or game. Sec. 16.05.070. Regulations as evidence. 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). Sec. 16.05.080. Limitation of power. Nothing in this chapter authorizes the department or a board to change the amount of fees or licenses. Sec. 16.05.090. Organization of the department. (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 (1993).] (c) There is established in the department a section of subsistence hunting and fishing. Sec. 16.05.092. Fisheries rehabilitation, enhancement, and development. 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 citizens and revise and update this plan annually; (2) encourage the investment by private enterprise in the technological development and economic utilization of the fisheries resources; (3) through rehabilitation, enhancement, and development programs do all things necessary to ensure perpetual and increasing production and use of the food resources of state waters and continental shelf areas; (4) prepare a comprehensive annual report, containing detailed information regarding its accomplishments under this section and proposals of plans and activities for the next fiscal year, and notify the legislature not later than 20 days after the convening of each regular session that the report is available. Sec. 16.05.094. Duties of section of subsistence hunting and fishing. 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 the amount, nutritional value, and extent of dependence on food acquired through subsistence hunting and fishing; (3) make information gathered available to the public, appropriate agencies, and other organized bodies; (4) assist the department, the Board of Fisheries, and the Board of Game in determining what uses of fish and game, as well as which users and what methods, should be termed subsistence uses, users, and methods; (5) evaluate the impact of state and federal laws and regulations on subsistence hunting and fishing and, when corrective action is indicated, make recommendations to the department; (6) make recommendations to the Board of Game and the Board of Fisheries regarding adoption, amendment, and repeal of regulations affecting subsistence hunting and fishing; (7) participate with other divisions in the preparation of statewide and regional management plans so that those plans recognize and incorporate the needs of subsistence users of fish and game. Sec. 16.05.100. Fish and game fund established. 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 department; (2) [Repealed, § 34 ch 18 SLA 2016.] (3) to carry out the purposes and objectives within the scope of this title except AS 16.51 and AS 16.52 as may be directed by the donor of any such funds. Sec. 16.05.110. Composition of fund. (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 special permits, waterfowl conservation tags purchased by hunters, and anadromous salmon tags purchased by fishermen; (2) proceeds received from the sale of furs, skins, and specimens taken by predator hunters and other employees; (3) money received in settlement of a claim or loss caused by damage to the fish and game resources of the state; (4) money received from federal, state, or other governmental unit, or from a private donor for fish and game purposes; (5) interest earned upon money in the fund; (6) money from any other source. (b) Except for money received as fisheries fines or forfeitures in settlement of a claim or loss caused by damage to the fish resources of the state that is appropriated to or through the division of commercial fisheries management and development, appropriations of money from the fish and game fund and of money received by the state under the federal aid acts described under AS 16.05.140 shall be made to the division of wildlife conservation or the division of sport fish. The division of wildlife conservation or the division of sport fish may use money appropriated under this subsection to acquire administrative and other services from other agencies if the division acquires the services through reimbursable services agreements. The division of wildlife conservation and the division of sport fish shall include as part of their budgets prepared under AS 37.07.050 (1) a listing of the reimbursable services agreements that are to be funded with money appropriated under this subsection; (2) a description of the services to be provided under those agreements; and (3) a listing of the entities that are parties to those agreements. Sec. 16.05.120. Disbursement of funds. 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. Sec. 16.05.130. Diversion of funds prohibited; separate accounts. (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 resources and the expenses of administering the sport fish and game divisions of the department. (b) Money accruing to the state from waterfowl conservation tag fees from hunters may not be diverted to a purpose other than (1) the conservation and enhancement of waterfowl; (2) the acquisition, by lease or otherwise, of wetlands that are important for waterfowl and public use of waterfowl in the state; (3) waterfowl related projects approved by the commissioner; (4) the administration of the waterfowl conservation program; and (5) emergencies in the state as determined by the governor. The department shall maintain a state waterfowl tag fee account within the fish and game fund to permit separate accounting records for the receipt and expenditure of money derived from the sale of waterfowl tags. The department shall prepare a report before April 15 of each even-numbered year for the public and the legislature on the use of money derived from waterfowl conservation tags and limited edition prints. The department shall notify the legislature that the report is available. (c) Money accruing to the state from the sale of resident trapping licenses may only be used for furbearer management. The department shall maintain a furbearer management account within the fish and game fund under AS 16.05.100 for separate accounting of receipt and expenditure of money from the sale of resident trapping licenses. Furbearer management shall be designed to enhance the furbearer population, increase the productivity of furbearer habitats, initiate useful furbearer research, and educate trappers consistent with the goal to provide for an optimum population of furbearers. (d) Revenue from the sale of general hunting, trapping, and fishing licenses and tags together with the federal matching funds from Pittman — Robertson, Dingell — Johnson/Wallop — Breaux programs shall be allocated by the department to programs intended to directly benefit license purchasers of general hunting, trapping, and fishing licenses. The department shall prepare an annual report by project of expenditures from the fish and game fund and notify the legislature that the report is available. (e) [Repealed, § 34 ch 18 SLA 2016.] (f) [Repealed, § 34 ch 18 SLA 2016.] (g) Money accruing to the state from the intensive management surcharge imposed under AS 16.05.340 (k) shall be deposited in a separate account known as the sustainable wildlife account in the fish and game fund. Money in the sustainable wildlife account shall be allocated to intensive management programs intended to sustain and enhance big game prey populations under AS 16.05.255 (e). (h) Money accruing to the state from the auction or raffle of bear viewing permits under AS 16.05.343 (c) shall be deposited in a separate account known as the nongame conservation account in the fish and game fund. Money in the account shall be allocated to programs relating to wildlife sanctuaries and refuges, fish and wildlife diversity, wildlife viewing, educational programs, and related outreach efforts. Sec. 16.05.140. Assent to provisions of federal aid acts. 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 act that may be enacted to benefit the state. It is desired that the department participate in the federal aid programs on the same basis as other states. Sec. 16.05.150. Enforcement authority. 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. Sec. 16.05.160. Duty to arrest. 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 examination or trial before an officer or court of competent jurisdiction unless in the judgment of the peace officer it would be in the state's best interest to issue a warning or a citation under AS 16.05.165 . Sec. 16.05.165. Form and issuance of citation. (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 citation to the person as provided in AS 12.25.175 — 12.25.230. (b) The supreme court shall specify by rule or order those misdemeanors that are appropriate for disposition without court appearance, and shall establish a schedule of bail amounts. Before establishing or amending the schedule of bail amounts required by this subsection, the supreme court shall appoint and consult with an advisory committee consisting of two law enforcement officers of the Department of Public Safety engaged in fish and wildlife protection, two representatives of the Department of Fish and Game, two district court judges, and the chairpersons of the House and Senate Judiciary Committees of the legislature. The maximum bail amount for an offense may not exceed the maximum fine specified by law for that offense. If the misdemeanor for which the citation is issued may be disposed of without court appearance, the issuing peace officer shall write on the citation the amount of bail applicable to the violation. (c) If a person cited for a misdemeanor for which a bail amount has been established under (b) of this section does not contest the citation, the person may, on or before the 30th day after the date of the citation, mail or personally deliver to the clerk of the court in which the citation is filed by the peace officer (1) the amount of bail indicated on the citation for that offense; and (2) a copy of the citation indicating that the right to an appearance is waived, a plea of no contest is entered, and the bail is forfeited. (d) When bail has been forfeited under (c) of this section, a judgment of conviction shall be entered. Forfeiture of bail and all seized items is a complete satisfaction for the misdemeanor. The clerk of the court accepting the bail shall provide the offender with a receipt stating that fact if requested. (e) A person cited under this section is guilty of failure to obey a citation under AS 12.25.230 if the person fails to pay the bail amount established under (b) of this section or fails to appear in court as required. (f) Notwithstanding other provisions of law, if a person cited for a misdemeanor for which a bail amount has been established under (b) of this section appears in court and is found guilty, the penalty that is imposed for the offense may not exceed the bail amount for that offense established under (b) of this section. Sec. 16.05.170. Power to execute warrant. 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 a court having jurisdiction may, upon proper oath or affirmation showing probable cause, issue a warrant in all cases. Sec. 16.05.180. Power to search without warrant. 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 “persons, houses and other property, papers and effects.” However, before a search without warrant is made a signed written statement by the person making the search shall be submitted to the person in control of the property or object to be searched, stating the reason the search is being conducted. A written receipt shall be given by the person conducting the search for property which is taken as a result of the search. The enumeration of specific things does not limit the meaning of words of a general nature. Sec. 16.05.190. Seizure and disposition of equipment. 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 game, or nests or eggs of birds, taken, transported, or possessed contrary to the provisions of this chapter or a regulation of the department shall be seized by any peace officer designated in AS 16.05.150 . Upon conviction of the offender or upon judgment of the court having jurisdiction that the item was taken, transported, or possessed in violation of this chapter or a regulation of the department, all fish and game, or parts of them are forfeited to the state and shall be disposed of as directed by the court. If sold, the proceeds of the sale shall be transmitted to the proper state officer for deposit in the general fund. Guns, traps, nets, fishing tackle, boats, aircraft, or other vehicles, sleds, and other paraphernalia seized under the provisions of this chapter or a regulation of the department, unless forfeited by order of the court, shall be returned, after completion of the case and payment of the fine, if any. Sec. 16.05.195. Forfeiture of equipment. (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 nests or eggs of birds taken, transported, or possessed contrary to the provisions of this title or AS 08.54 , or regulation adopted under this title or AS 08.54 , may be forfeited to the state (1) upon conviction of the offender in a criminal proceeding of a violation of this title or AS 08.54 in a court of competent jurisdiction; or (2) upon judgment of a court of competent jurisdiction in a proceeding in rem that an item specified above was used in or in aid of a violation of this title or AS 08.54 or a regulation adopted under this title or AS 08.54 . (b) Items specified in (a) of this section may be forfeited under this section regardless of whether they were seized before instituting the forfeiture action. (c) An action for forfeiture under this section may be joined with an alternative action for damages brought by the state to recover damages for the value of fish and game or parts of them or nests or eggs of birds taken, transported, or possessed contrary to the provisions of this title or a regulation adopted under it. (d) It is no defense that the person who had the item specified in (a) of this section in possession at the time of its use and seizure has not been convicted or acquitted in a criminal proceeding resulting from or arising out of its use. (e) Forfeiture may not be made of an item subsequently sold to an innocent purchaser in good faith. The burden of proof as to whether the purchaser purchased the item innocently and in good faith shall be on the purchaser. (f) An item forfeited under this section shall be disposed of at the discretion of the department. Before the department disposes of an aircraft it shall consider transfer of ownership of the aircraft to the Alaska Wing, Civil Air Patrol. Sec. 16.05.200. Power to administer oaths. 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. Sec. 16.05.210. Ineligibility for bounties. 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. Article 2. Boards of Fisheries and Game. Sec. 16.05.220. The Board of Fish and Game. [Repealed, § 40 ch 206 SLA 1975.] Sec. 16.05.221. Boards of fisheries and game. (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 governor shall appoint each member on the basis of interest in public affairs, good judgment, knowledge, and ability in the field of action of the board, and with a view to providing diversity of interest and points of view in the membership. The appointed members shall be residents of the state and shall be appointed without regard to political affiliation or geographical location of residence. The commissioner is not a member of the Board of Fisheries, but shall be ex officio secretary. (b) For purposes of the conservation and development of the game resources of the state, there is created a Board of Game composed of seven members appointed by the governor, subject to confirmation by a majority of the members of the legislature in joint session. The governor shall appoint each member on the basis of interest in public affairs, good judgment, knowledge, and ability in the field of action of the board, and with a view to providing diversity of interest and points of view in the membership. The appointed members shall be residents of the state and shall be appointed without regard to political affiliation or geographical location of residence. The commissioner is not a member of the Board of Game, but shall be ex officio secretary. (c) Members of the Board of Game serve staggered terms of three years. The terms of the members of the board begin on July 1. Notwithstanding AS 39.05.080 (1), by April 1 of the calendar year in which the term expires, the governor shall appoint a person to fill the vacancy that will arise on the board because of the expiration of the term of a member of the board and submit the name of the person to the legislature for confirmation. If a vacancy arises on the board, the governor shall, within 30 days after the vacancy arises, appoint a person to serve the balance of the unexpired term and submit the name of the person to the legislature for confirmation. A person appointed to fill the balance of an unexpired term shall serve on the board from the date of appointment until the earlier of the expiration of the term or the failure of the legislature to confirm the person under AS 39.05.080 . (d) Members of the Board of Fisheries serve staggered terms of three years. The terms of members of the board begin on July 1. Notwithstanding AS 39.05.080 (1), by April 1 of the calendar year in which the term expires, the governor shall appoint a person to fill the vacancy that will arise on the board due to expiration of the term of a member of the board and submit the name of the person to the legislature for confirmation. If a vacancy arises on the board, the governor shall, within 30 days after the vacancy arises, appoint a person to serve the balance of the unexpired term and submit the name of the person to the legislature for confirmation. A person appointed to fill the balance of an unexpired term shall serve on the board from the date of appointment until the earlier of the expiration of the term or the failure of the legislature to confirm the person under AS 39.05.080 . Sec. 16.05.230. Term of office. [Repealed, § 40 ch 206 SLA 1975.] Sec. 16.05.240. Powers excluded. [Repealed, § 40 ch 206 SLA 1975.] Sec. 16.05.241. Powers excluded. The boards have regulation-making powers as set out in this chapter, but do not have administrative, budgeting, or fiscal powers. Sec. 16.05.250. Regulations. [Repealed, § 40 ch 206 SLA 1975.] Sec. 16.05.251. Regulations of the Board of Fisheries. (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 of the legislature; (2) establishing open and closed seasons and areas for the taking of fish; if consistent with resource conservation and development goals, the board may adopt regulations establishing restricted seasons and areas necessary for (A) persons 60 years of age and older to participate in sport, personal use, or subsistence fishing; or (B) residents under 18 years of age and nonresidents under 16 years of age to participate in sport fishing; (3) setting quotas, bag limits, harvest levels, and sex and size limitations on the taking of fish; (4) establishing the means and methods employed in the pursuit, capture, and transport of fish; (5) establishing marking and identification requirements for means used in pursuit, capture, and transport of fish; (6) classifying as commercial fish, sport fish, guided sport fish, personal use fish, subsistence fish, or predators or other categories essential for regulatory purposes; (7) watershed and habitat improvement, and management, conservation, protection, use, disposal, propagation, and stocking of fish; (8) investigating and determining the extent and effect of disease, predation, and competition among fish in the state, exercising control measures considered necessary to the resources of the state; (9) prohibiting and regulating the live capture, possession, transport, or release of native or exotic fish or their eggs; (10) establishing seasons, areas, quotas, and methods of harvest for aquatic plants; (11) establishing the times and dates during which the issuance of fishing licenses, permits, and registrations and the transfer of permits and registrations between registration areas is allowed; however, this paragraph does not apply to permits issued or transferred under AS 16.43 ; (12) regulating commercial, sport, guided sport, subsistence, and personal use fishing as needed for the conservation, development, and utilization of fisheries; (13) requiring, in a fishery, observers on board fishing vessels, as defined in AS 16.05.475 (d), that are registered under the laws of the state, as defined in AS 16.05.475 (c), after making a written determination that an onboard observer program (A) is the only practical data-gathering or enforcement mechanism for that fishery; (B) will not unduly disrupt the fishery; (C) can be conducted at a reasonable cost; and (D) can be coordinated with observer programs of other agencies, including the National Marine Fisheries Service, North Pacific Fishery Management Council, and the International Pacific Halibut Commission; (14) establishing nonexclusive, exclusive, and superexclusive registration and use areas for regulating commercial fishing; (15) regulating resident or nonresident sport fishermen as needed for the conservation, development, and utilization of fishery resources; (16) requiring unlicensed fishing vessels present in or transiting the waters of the state to report to the department the quantity, species, and origin of fish on board; in this paragraph, “unlicensed fishing vessel” means a fishing vessel that is not licensed under AS 16.05.490 — 16.05.530; (17) promoting fishing and preserving the heritage of fishing in the state. (b) [Repealed, § 12 ch 52 SLA 1986.] (c) If the Board of Fisheries denies a petition or proposal to amend, adopt, or repeal a regulation, the board, upon receiving a written request from the sponsor of the petition or proposal, shall in addition to the requirements of AS 44.62.230 provide a written explanation for the denial to the sponsor not later than 30 days after the board has officially met and denied the sponsor's petition or proposal, or 30 days after receiving the request for an explanation, whichever is later. (d) Regulations adopted under (a) of this section must, consistent with sustained yield and the provisions of AS 16.05.258 , provide a fair and reasonable opportunity for the taking of fishery resources by personal use, sport, and commercial fishermen. (e) The Board of Fisheries may allocate fishery resources among personal use, sport, guided sport, and commercial fisheries. The board shall adopt criteria for the allocation of fishery resources and shall use the criteria as appropriate to particular allocation decisions. The criteria may include factors such as (1) the history of each personal use, sport, guided sport, and commercial fishery; (2) the number of residents and nonresidents who have participated in each fishery in the past and the number of residents and nonresidents who can reasonably be expected to participate in the future; (3) the importance of each fishery for providing residents the opportunity to obtain fish for personal and family consumption; (4) the availability of alternative fisheries resources; (5) the importance of each fishery to the economy of the state; (6) the importance of each fishery to the economy of the region and local area in which the fishery is located; (7) the importance of each fishery in providing recreational opportunities for residents and nonresidents. (f) Except as expressly provided in AS 16.40.120 (e) and 16.40.130, the Board of Fisheries may not adopt regulations or take action regarding the issuance, denial, or conditioning of a permit under AS 16.40.100 or 16.40.120, the construction or operation of a farm or hatchery required to have a permit under AS 16.40.100 , or a harvest with a permit issued under AS 16.40.120 . (g) The Board of Fisheries shall consider a request of the commissioner for approval of a petition to the Alaska Commercial Fisheries Entry Commission to establish a moratorium on new entrants into a commercial fishery under AS 16.43.225 at the board's next regular or special meeting that follows the receipt by the board of the request for approval of the petition and that allows time for the notice required under this subsection. The board may consider the request of the commissioner for approval of the petition only after 15 days' public notice of the board's intention to consider approval of the petition. The board shall consider whether the commissioner, in support of the request for approval of the petition, has adequately shown that the fishery meets requirements for a moratorium on new entrants under AS 16.05.050 . The board by a majority vote of its members at the meeting when the petition must be considered shall approve or disapprove the petition. (h) The Board of Fisheries shall adopt by regulation a policy for the management of mixed stock fisheries. The policy shall provide for the management of mixed stock fisheries in a manner that is consistent with sustained yield of wild fish stocks. (i) Notwithstanding AS 16.43.140 (c)(5), the board may adopt, at a regularly scheduled meeting at which the board considers regulatory proposals for management of a specific salmon fishery, a regulation to allow a person who holds two entry permits for that salmon fishery an additional fishing opportunity appropriate for that particular fishery. Sec. 16.05.253. Operation of stationary fishing gear. (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 permit holder is at or traveling to or from the location of (1) a sale of fish caught in the gear; or (2) other stationary gear of the permit holder. (b) In this section, “fishing site” means fishing site as defined by the Board of Fisheries and includes any structure used for providing shelter in support of the operation of the net gear or other stationary fishing gear. Sec. 16.05.255. Regulations of the Board of Game; management requirements. (a) The Board of Game may adopt regulations it considers advisable in accordance with AS 44.62 (Administrative Procedure Act) for (1) setting apart game reserve areas, refuges, and sanctuaries in the water or on the land of the state over which it has jurisdiction, subject to the approval of the legislature; (2) establishing open and closed seasons and areas for the taking of game; (3) establishing the means and methods employed in the pursuit, capture, taking, and transport of game, including regulations, consistent with resource conservation and development goals, establishing means and methods that may be employed by persons with physical disabilities; (4) setting quotas, bag limits, harvest levels, and sex, age, and size limitations on the taking of game; (5) classifying game as game birds, song birds, big game animals, fur bearing animals, predators, or other categories; (6) methods, means, and harvest levels necessary to control predation and competition among game in the state; (7) watershed and habitat improvement, and management, conservation, protection, use, disposal, propagation, and stocking of game; (8) prohibiting the live capture, possession, transport, or release of native or exotic game or their eggs; (9) establishing the times and dates during which the issuance of game licenses, permits, and registrations and the transfer of permits and registrations between registration areas and game management units or subunits is allowed; (10) regulating sport hunting and subsistence hunting as needed for the conservation, development, and utilization of game; (11) taking game to ensure public safety; (12) regulating the activities of persons licensed to control nuisance wild birds and nuisance wild small mammals; (13) promoting hunting and trapping and preserving the heritage of hunting and trapping in the state. (b) [Repealed, § 12 ch 52 SLA 1986.] (c) If the Board of Game denies a petition or proposal to amend, adopt, or repeal a regulation, the board, upon receiving a written request from the sponsor of the petition or proposal, shall in addition to the requirements of AS 44.62.230 provide a written explanation for the denial to the sponsor not later than 30 days after the board has officially met and denied the sponsor's petition or proposal, or 30 days after receiving the request for an explanation, whichever is later. (d) Regulations adopted under (a) of this section must provide that, consistent with the provisions of AS 16.05.258 , the taking of moose, deer, elk, and caribou by residents for personal or family consumption has preference over taking by nonresidents. (e) The Board of Game shall adopt regulations to provide for intensive management programs to restore the abundance or productivity of identified big game prey populations as necessary to achieve human consumptive use goals of the board in an area where the board has determined that (1) consumptive use of the big game prey population is a preferred use; (2) depletion of the big game prey population or reduction of the productivity of the big game prey population has occurred and may result in a significant reduction in the allowable human harvest of the population; and (3) enhancement of abundance or productivity of the big game prey population is feasibly achievable utilizing recognized and prudent active management techniques. (f) The Board of Game may not significantly reduce the taking of an identified big game prey population by adopting regulations relating to restrictions on harvest or access to the population, or to management of the population by customary adjustments in seasons, bag limits, open and closed areas, methods and means, or by other customary means authorized under (a) of this section, unless the board has adopted regulations, or has scheduled for adoption at the next regularly scheduled meeting of the board regulations, that provide for intensive management to increase the take of the population for human harvest consistent with (e) of this section. This subsection does not apply if the board (1) determines that intensive management would be (A) ineffective, based on scientific information; (B) inappropriate due to land ownership patterns; or (C) against the best interest of subsistence uses; or (2) declares that a biological emergency exists and takes immediate action to protect or maintain the big game prey population in conjunction with the scheduling for adoption of those regulations that are necessary to implement (e) of this section. (g) The Board of Game shall establish population and harvest goals and seasons for intensive management of identified big game prey populations to achieve a high level of human harvest. (h) [Repealed, 2000 Ballot Measure No. 6.] (i) For the purpose of encouraging adults to take children hunting, the board shall establish annual hunting seasons in appropriate areas of the state for big game, other than bison and musk ox. Only a resident child accompanied by a resident adult or a child accompanied by the child's resident parent, resident grandparent, resident stepparent, or resident legal guardian may take big game in an area where a season established under this subsection is in effect. The adult, parent, grandparent, stepparent, or legal guardian who accompanies the child may only assist the child in taking big game.

A big game animal taken under this subsection, except for a Sitka blacktail deer when the harvest limit for the deer is one for each person, must be counted against the bag limits of both the child and the adult, parent, grandparent, stepparent, or legal guardian who accompanies the child. In this subsection, (1) “adult” means an individual who is 21 years of age or older; (2) “child” means an individual who is not more than 17 years of age and not younger than eight years of age. (j) This section authorizes the board to regulate regarding the conservation, development, or utilization of game in a manner that addresses whether, how, when, and where the public asset of game is allocated or appropriated. (k) The board may establish annual big game hunting seasons in appropriate areas of the state for persons with physical disabilities. A participant in a hunt established under this subsection must be accompanied by a hunter with a valid hunting license who is capable of retrieving game. (l) In this section, (1) “harvestable surplus” means the number of animals that is estimated to equal the number of offspring born in a game population during a year less the number of animals required for recruitment for population maintenance and enhancement, when necessary, and the number of animals in the population that die from all causes, other than predation or human harvest, during that year; (2) “high level of human harvest” means the allocation of a sufficient portion of the harvestable surplus of a game population to achieve a high probability of success for human harvest of the game population based on biological capabilities of the population and considering hunter demand; (3) “identified big game prey population” means a population of ungulates that is identified by the Board of Game and that is important for providing high levels of harvest for human consumptive use; (4) “intensive management” means management of an identified big game prey population consistent with sustained yield through active management measures to enhance, extend, and develop the population to maintain high levels or provide for higher levels of human harvest, including control of predation and prescribed or planned use of fire and other habitat improvement techniques; (5) “sustained yield” means the achievement and maintenance in perpetuity of the ability to support a high level of human harvest of game, subject to preferences among beneficial uses, on an annual or periodic basis. Sec. 16.05.256. Nonresident and nonresident alien permits. 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 nonresidents and nonresident aliens to accomplish that purpose. Sec. 16.05.257. Subsistence hunting regulations. [Repealed, § 12 ch 52 SLA 1986.] Sec. 16.05.258. Subsistence use and allocation of fish and game. (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 recommendations to the boards concerning the stock and population identifications. The boards shall make identifications required under this subsection after receipt of the commissioner's recommendations. (b) The appropriate board shall determine whether a portion of a fish stock or game population identified under (a) of this section can be harvested consistent with sustained yield. If a portion of a stock or population can be harvested consistent with sustained yield, the board shall determine the amount of the harvestable portion that is reasonably necessary for subsistence uses and (1) if the harvestable portion of the stock or population is sufficient to provide for all consumptive uses, the appropriate board (A) shall adopt regulations that provide a reasonable opportunity for subsistence uses of those stocks or populations; (B) shall adopt regulations that provide for other uses of those stocks or populations, subject to preferences among beneficial uses; and (C) may adopt regulations to differentiate among uses; (2) if the harvestable portion of the stock or population is sufficient to provide for subsistence uses and some, but not all, other consumptive uses, the appropriate board (A) shall adopt regulations that provide a reasonable opportunity for subsistence uses of those stocks or populations; (B) may adopt regulations that provide for other consumptive uses of those stocks or populations; and (C) shall adopt regulations to differentiate among consumptive uses that provide for a preference for the subsistence uses, if regulations are adopted under (B) of this paragraph; (3) if the harvestable portion of the stock or population is sufficient to provide for subsistence uses, but no other consumptive uses, the appropriate board shall (A) determine the portion of the stocks or populations that can be harvested consistent with sustained yield; and (B) adopt regulations that eliminate other consumptive uses in order to provide a reasonable opportunity for subsistence uses; and (4) if the harvestable portion of the stock or population is not sufficient to provide a reasonable opportunity for subsistence uses, the appropriate board shall (A) adopt regulations eliminating consumptive uses, other than subsistence uses; (B) distinguish among subsistence users, through limitations based on (i) the customary and direct dependence on the fish stock or game population by the subsistence user for human consumption as a mainstay of livelihood; (ii) the proximity of the domicile of the subsistence user to the stock or population; and (iii) the ability of the subsistence user to obtain food if subsistence use is restricted or eliminated. (c) The boards may not permit subsistence hunting or fishing in a nonsubsistence area. The boards, acting jointly, shall identify by regulation the boundaries of nonsubsistence areas. A nonsubsistence area is an area or community where dependence upon subsistence is not a principal characteristic of the economy, culture, and way of life of the area or community. In determining whether dependence upon subsistence is a principal characteristic of the economy, culture, and way of life of an area or community under this subsection, the boards shall jointly consider the relative importance of subsistence in the context of the totality of the following socio-economic characteristics of the area or community: (1) the social and economic structure; (2) the stability of the economy; (3) the extent and the kinds of employment for wages, including full-time, part-time, temporary, and seasonal employment; (4) the amount and distribution of cash income among those domiciled in the area or community; (5) the cost and availability of goods and services to those domiciled in the area or community; (6) the variety of fish and game species used by those domiciled in the area or community; (7) the seasonal cycle of economic activity; (8) the percentage of those domiciled in the area or community participating in hunting and fishing activities or using wild fish and game; (9) the harvest levels of fish and game by those domiciled in the area or community; (10) the cultural, social, and economic values associated with the taking and use of fish and game; (11) the geographic locations where those domiciled in the area or community hunt and fish; (12) the extent of sharing and exchange of fish and game by those domiciled in the area or community; (13) additional similar factors the boards establish by regulation to be relevant to their determinations under this subsection. (d) Fish stocks and game populations, or portions of fish stocks and game populations not identified under (a) of this section may be taken only under nonsubsistence regulations. (e) Takings and uses of fish and game authorized under this section are subject to regulations regarding open and closed areas, seasons, methods and means, marking and identification requirements, quotas, bag limits, harvest levels, and sex, age, and size limitations. Takings and uses of resources authorized under this section are subject to AS 16.05.831 and AS 16.30 . (f) For purposes of this section, “reasonable opportunity” means an opportunity, as determined by the appropriate board, that allows a subsistence user to participate in a subsistence hunt or fishery that provides a normally diligent participant with a reasonable expectation of success of taking of fish or game. Sec. 16.05.259. No subsistence defense. 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. Sec. 16.05.260. Advisory committees. 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 informed on the fish or game resources of the locality. The boards shall set the number and terms of each of the members of the advisory committees, shall delegate one member of each committee as chairman, and shall give the chairman authority to hold public hearings on fish or game matters. Recommendations from the advisory committees shall be forwarded to the appropriate board for their consideration but if the Board of Fisheries or the Board of Game chooses not to follow the recommendations of the local advisory committee the appropriate board shall inform the appropriate advisory committee of this action and state the reasons for not following the recommendations. The commissioner shall delegate authority to advisory committees for emergency closures during established seasons. The commissioner is empowered to set aside and make null and void only opening of seasons set by the advisory committees under this section. The appropriate board shall adopt the necessary regulations governing these closures. Sec. 16.05.261. [Renumbered as AS 16.05.259 .] Sec. 16.05.262. Establishment of big game guide concession areas. (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 big game guide concession area by approving a proposal submitted under this section to do so. A big game guide may conduct a hunt in a concession area established under this section only if the guide holds a big game guide concession area permit issued under AS 38.05.022 . (b) A person may submit a proposal to the Board of Game for the establishment of a big game guide concession area. After providing 15 days' public notice, the board may consider the proposal at the board's next regular meeting in the region where the big game guide concession area is proposed. (c) After taking public comment, the Board of Game, in consultation with the Department of Fish and Game, the Department of Natural Resources, and the Big Game Commercial Services Board established under AS 08.54.591 , may approve a proposal to establish a big game guide concession area if the board determines that establishing the area (1) supports the conservation and management of the state's land and big game resources; (2) aids in the enforcement of state statutes and regulations relating to guided hunts for big game; and (3) is in the public interest. (d) If the Board of Game approves the establishment of a big game guide concession area under this section, the board shall determine the number of full big game guide concession area permits and limited big game guide concession area permits that the Department of Natural Resources shall make available under AS 38.05.022 . To determine the number of full big game guide concession area permits and limited big game guide concession area permits that should be issued for a big game guide concession area and the specific authorizations that should attach to each concession permit authorized for the area, the Board of Game (1) may establish advisory boards composed of representatives of the state departments and boards listed in (c) of this section who are familiar with the area and interested members of the public to assist the board in making the determination; (2) may not (A) combine more than three existing guide use areas into a single big game guide concession area; (B) establish more than one big game guide concession area in a single guide use area. (e) In this section, (1) “full big game guide concession area permit” has the meaning given in AS 38.05.022 (j); (2) “game management unit” has the meaning given in AS 08.54.790 ; (3) “guide use area” has the meaning given in AS 08.54.750 (g); (4) “limited big game guide concession area permit” has the meaning given in AS 38.05.022 (j). Sec. 16.05.270. Delegation of authority to commissioner. 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 question. If, after the public hearings, the board and the commissioner continue to disagree, the issue shall be certified in writing by the board and the commissioner to the governor who shall make a decision. The decision of the governor is final. Sec. 16.05.280. Removal of board members. 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 delivering to the member a written copy of the charges and giving the member an opportunity to be heard in person or through counsel at a public hearing before the governor or a designee upon at least 10 days' notice by registered mail. The member may confront and cross-examine adverse witnesses. Upon removal, the governor or a designee shall file in the proper state office the findings and a complete statement of all charges made against the member. Sec. 16.05.290. Compensation of board members. 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 authorized by a board a member shall receive compensation at a rate equal to one-half of 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. Each member of a board is also entitled to travel expenses and per diem authorized for boards and commissions under AS 39.20.180 . Sec. 16.05.300. Board meetings. (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) In addition, the Board of Fisheries shall hold at least one meeting or hearing a year in each of the following general areas: (1) Upper Yukon — Kuskokwim — Arctic (2) Western Alaska (including Kodiak) (3) Southcentral (4) Prince William Sound (including Yakutat) (5) Southeast. Sec. 16.05.305. Clerical assistance for boards. The Board of Fisheries and the Board of Game are authorized to hire and set the compensation for one clerical assistant for each board. Sec. 16.05.310. Special board meetings. A board may meet at any time upon the call of the commissioner or upon the request of two board members. Sec. 16.05.315. Joint board meetings. The Board of Fisheries and the Board of Game may hold a joint meeting upon the call of the commissioner or a board to resolve any conflicts in regulations of the boards and to consider matters, as determined by the commissioner or a board, that require the consideration of both boards. Sec. 16.05.320. Quorum. A majority of the members of a board constitutes a quorum for the transaction of business, for the performance of any duty, and for the exercise of any power. However, a majority of the full board membership is required to carry all motions, regulations, and resolutions. A majority of the members of the boards of fisheries and game constitute a quorum for the transaction of business in a joint board meeting. A majority of the membership of the boards is required to carry all joint motions, regulations, and resolutions of the boards. Article 3. Licensing of Sport Fishing and Hunting. Sec. 16.05.330. Licenses, tags, and subsistence permits; electronic devices. (a) Except as otherwise permitted in this chapter, without having the appropriate license, tag, or permit in actual possession, a person may not engage in (1) sport fishing, including the taking of razor clams; (2) hunting or trapping; (3) the farming of fish, fur, or game; (4) taxidermy or fur dealing; or (5) control of nuisance wild birds and nuisance wild small mammals for compensation. (b) When obtaining the appropriate license or tag in (a) of this section, an applicant who asserts residency in the state shall provide the license vendor with the proof of residence that the department requires by regulation. (c) The Board of Fisheries and the Board of Game may adopt regulations providing for the issuance and expiration of subsistence permits for areas, villages, communities, groups, or individuals as needed for authorizing, regulating, and monitoring the subsistence harvest of fish and game. The boards shall adopt these regulations when the subsistence preference requires a reduction in the harvest of a fish stock or game population by nonsubsistence users. (d) A person may not receive a sport fishing, hunting, or trapping license or other permit or tag issued under AS 16.05.330 — 16.05.430, if the person's right to obtain, or exercise the privileges granted by, a sport fishing, hunting, or trapping license is suspended or revoked in another state. A person who applies for a sport fishing, hunting, or trapping license or other permit or tag issued under AS 16.05.330 — 16.05.430 shall sign a statement that the person's right to obtain, or exercise the privileges granted by, a sport fishing, hunting, or trapping license is not suspended or revoked in another state. (e) [Repealed, § 2 ch 39 SLA 2001.] (f) A person charged with violating (a)(1) or (2) of this section for failure to have a license in actual possession may not be convicted if the person provides, not later than 30 days after the issuance of the citation, evidence satisfactory to the arresting or citing agency of a license previously issued to the person that was valid at the time of the offense. (g) A license in actual possession may be in paper or electronic form. (h) A peace officer presented with an electronic device under (g) of this section is immune from any liability resulting from damage to the device, except that a peace officer may be liable for civil damages that are the result of the peace officer's intentional misconduct. (i) Displaying proof of a license on an electronic device under (g) of this section does not constitute consent for a peace officer to access other contents of the electronic device. Sec. 16.05.331. Elk farming. [Renumbered as AS 16.40.050 .] Sec. 16.05.332. Wildlife Violator Compact. The Wildlife Violator Compact as contained in this section is enacted into law and entered into on behalf of the State of Alaska with any other states legally joining it in a form substantially as follows: Section 1. Findings. The party states find that (a) Wildlife resources are managed in trust by the respective states for the benefit of all residents and visitors. (b) The protection of their respective wildlife resources are materially affected by the degree of compliance with state statute, regulation, ordinance, or administrative rule relating to the management of those resources. (c) The preservation, protection, management, and restoration of wildlife contributes immeasurably to the aesthetic, recreational, and economic aspects of those natural resources. (d) Wildlife resources are valuable without regard to political boundaries and, therefore, all persons must be required to comply with wildlife preservation, protection, management, and restoration statutes, ordinances, and administrative rules and regulations of all party states as a condition precedent to the continuance or issuance of any license to hunt, fish, trap, or possess wildlife. (e) The violation of wildlife laws interferes with the management of wildlife resources and may endanger the safety of persons and property. (f) The mobility of many wildlife law violators necessitates the maintenance of channels of communications among the various states. (g) In most instances, a person who is cited for a wildlife violation in a state other than the person's home state (1) must post collateral or a bond to secure the person's appearance for a trial at a later date; (2) if unable to post collateral or a bond, is taken into custody until the collateral or bond is posted; or (3) is taken directly to court for an immediate appearance. (h) The purpose of the enforcement practices described in (g) of this section is to ensure compliance with the terms of a wildlife citation by the person who, if permitted to continue on the person's way after receiving the citation, could return to the person's home state and disregard the person's duty under the terms of the citation. (i) In most instances, a person receiving a wildlife citation in the person's home state is permitted to accept the citation from the officer at the scene of the violation and continue immediately on the person's way after agreeing to comply with the terms of the citation. (j) The practice described in (g) of this section causes unnecessary inconvenience and, at times, a hardship for the person who is unable at the time to post collateral, furnish a bond, stand trial, or pay a fine and, therefore, is compelled to remain in custody until another arrangement is made. (k) The enforcement practices described in (g) of this section consume an undue amount of law enforcement time. Sec. 2. Policies. The policies of the party states are to (a) Promote compliance with the statutes, ordinances, regulations and administrative rules relating to management of wildlife resources in their respective states. (b) Recognize the suspension of wildlife license privileges of any person whose license privileges have been suspended by a party state and treat the suspension as if it had occurred in their state. (c) Allow a violator to accept a wildlife citation, except as provided in subsection (b) of article III, and proceed on the person's way without delay whether or not the person is a resident in the state in which the citation was issued if the person's home state is a party to this compact. (d) Report to the appropriate party state, as provided in the compact manual, any conviction recorded against any person whose home state was not the issuing state. (e) Allow the home state to recognize and treat convictions recorded for its residents which occurred in another party state as if they had occurred in the home state. (f) Extend cooperation to its fullest extent among the party states for obtaining compliance with the terms of a wildlife citation issued in one party state to a resident of another party state. (g) Maximize the effective use of law enforcement personnel and information. (h) Assist court systems in the efficient disposition of wildlife violations. Sec. 3. Purposes. The purposes of this compact are to: (a) Provide a means by which the party states may participate in a reciprocal program to carry out the policies set forth in section 2 of this article in a uniform and orderly manner. (b) Provide for the fair and impartial treatment of wildlife violators operating within party states in recognition of the persons' right of due process in the sovereign status of a party state. As used in this compact, unless the context otherwise requires, (a) “Citation” means any summons, complaint, summons and complaint, ticket, penalty assessment or other official document issued by a wildlife officer or other peace officer for a wildlife violation containing an order that requires the person to respond. (b) “Collateral” means any cash or other security deposited to secure an appearance for trial in connection with the issuance by a wildlife officer or other peace officer of a citation for a wildlife violation. (c) “Compliance” means the act of answering a citation by appearing in a court or tribunal or the payment of fines, costs, or surcharges, if any. (d) “Conviction” means a conviction, including any court conviction, of any offense related to the preservation, protection, management, or restoration of wildlife which is prohibited by state statute, regulation, ordinance, or administrative rule, or a forfeiture of bail, bond, or other security deposited to secure the appearance of a person charged with any such offense, or the payment of a penalty assessment or a plea of nolo contendere, or the imposition of a deferred or suspended sentence by the court. (e) “Court” means a court of law, including magistrate's court and the justice of the peace court. (f) “Home state” means the state of primary residence of a person. (g) “Issuing state” means the party state that issues a wildlife citation. (h) “License” means any license, permit, or other public document that conveys to the person to whom it is issued the privilege of pursuing, possessing, or taking any wildlife regulated by statute, regulation, ordinance, or administrative rule of a party state. (i) “Licensing authority” means (1) in each other party state, the department or division within the party state that is authorized by law to issue or approve licenses or permits to hunt, fish, trap, or possess wildlife; and (2) in this state, the Department of Public Safety. (j) “Party state” means any state that enacts legislation to become a member of this compact. (k) “Personal recognizance” means an agreement by a person made at the time of the issuance of the wildlife citation that the person will comply with the terms of that citation. (l) “State” means any state, territory, or possession of the United States, the District of Columbia, Commonwealth of Puerto Rico, Provinces of Canada, or any other countries. (m) “Suspension” means any revocation, denial, or withdrawal of any license privileges, including the privilege to apply for, purchase, or exercise the benefits conferred by any license. (n) “Terms of the citation” means those conditions and options expressly stated in the citation. (o) “Wildlife” means all species of animals, including, but not limited to, mammals, birds, fish, reptiles, amphibians, mollusks and crustaceans, that are defined as wildlife and are protected or otherwise regulated by statute, regulation, ordinance, or administrative rule in a party state. Species included in the definition of wildlife vary from state to state and a determination of whether a species is wildlife for the purposes of this compact must be based on local law. In this state, “wildlife” means all species of fish and game as these terms are defined in AS 16.05.940 . (p) “Wildlife law” means any statute, regulation, ordinance, or administrative rule enacted to manage wildlife resources and the use thereof. (q) “Wildlife officer” means any person authorized by a party state to issue a citation for a wildlife violation. (r) “Wildlife violation” means any cited violation of statute, regulation, ordinance, or administrative rule enacted to manage wildlife resources and the use thereof. Issuing state procedures are as follows: (a) When issuing a citation for a wildlife violation, a wildlife officer shall issue a citation to any person whose primary residence is in a party state in the same manner as if the person were a resident of the home state. The wildlife officer may not require the person to post collateral to secure that person's appearance, subject to the exceptions set forth in paragraph (b) of this article, if the officer receives the person's personal recognizance that the person will comply with the terms of the citation. (b) Personal recognizance is permissible if (1) it is not prohibited by local law or the compact manual; and (2) the violator provides adequate proof of the violator's identity to the wildlife officer. (c) Upon conviction or failure of a person to comply with the terms of a wildlife citation, the appropriate officer shall report the conviction or the failure to comply to the licensing authority of the party state in which the wildlife citation was issued. The report must be made in accordance with the procedures specified by the issuing state and contain information as specified in the compact manual as minimum requirements for effective processing by the home state. (d) Upon the receipt of the report of conviction or noncompliance required by (c) of this article, the licensing authority of the issuing state shall transmit to the licensing authority in the home state of the violator the information in the manner prescribed in the compact manual. Home state procedures are as follows: (a) Upon the receipt of a report of failure to comply with the terms of a citation from the licensing authority of the issuing state, the licensing authority of the home state shall notify the violator and begin a suspension action in accordance with the home state's suspension procedures. The licensing authority of the home state shall suspend the violator's license privileges until satisfactory evidence of compliance with the terms of the wildlife citation has been furnished by the issuing state to the home state licensing authority. Due process rights must be accorded to the violator. (b) Upon the receipt of a report of conviction from the licensing authority of the issuing state, the licensing authority of the home state shall enter the conviction in its records and consider the conviction as if it had occurred in the home state for the purposes of the suspension of license privileges. (c) The licensing authority of the home state shall maintain a record of actions taken and make reports to the issuing states as provided in the compact manual. The party states agree that (a) all party states shall recognize the suspension of license privileges of any person by any state as if the violation on which the suspension is based had occurred in their state and would have been the basis for suspension of license privileges in their state. (b) each party state shall communicate information concerning the suspension of license privileges to the other party states in the manner prescribed in the compact manual. The party states agree that, except as expressly required by the provisions of this compact, nothing included in this compact shall be construed to affect the right of any party state to apply any of its laws relating to license privileges to any person or circumstance or to invalidate or prevent any agreement or other cooperative arrangements between a party state and a nonparty state concerning wildlife law enforcement. The party states agree that (a) For the purpose of administering the provisions of this compact and to serve as a governing body for the resolution of all matters relating to the operation of this compact, a board of compact administrators is hereby established. The board must be composed of one representative from each of the party states to be known as the compact administrator. The compact administrator shall be appointed by the head of the licensing authority of each party state and shall serve and be subject to removal in accordance with the laws of the state that the compact administrator represents. A compact administrator may provide for the discharge of the compact administrator's duties and the performance of the compact administrator's functions as a board member by an alternate. An alternate may not serve unless written notification of the alternate's identity has been given to the board. (b) Each member of the board of compact administrators is entitled to one vote. No action of the board is binding unless taken at a meeting at which a majority of the total number of votes on the board are cast in favor thereof. Action by the board must be only at a meeting at which a majority of the party states are represented. (c) The board shall elect annually, from its membership, a chair and vice chair. (d) The board shall adopt bylaws, not inconsistent with the provisions of this compact or the laws of a party state, for the conduct of its business and may amend or rescind its bylaws. (e) The board may accept for any of its purposes and functions under this compact any donations and grants of money, equipment, supplies, materials, and services, conditional or otherwise, from any state, the United States, or any governmental agency and may receive, use, and dispose of them as it deems appropriate. (f) The board may contract with, or accept services or personnel from, any governmental or intergovernmental agency, person, firm, corporation, or private nonprofit organization or institution. (g) The board shall establish all necessary procedures and develop uniform forms and documents for administering the provisions of this compact. All procedures and forms adopted pursuant to board action must be included in the compact manual. The party states agree that (a) This compact becomes effective upon adoption by at least two states. (b) Entry into the compact must be made by a resolution of ratification executed by the authorized officers of the applying state and submitted to the chairman of the board of compact administrators. (c) The resolution must be in a form and content as provided in the compact manual and include (1) a citation of the authority by which the state is authorized to become a party to this compact; (2) an agreement to comply with the terms and provisions of the compact; and (3) a statement that entry into the compact is with all states then party to the compact and with any state that legally becomes a party to the compact. (d) The effective date of entry must be specified by the applying state, except that the effective date must not be less than 60 days after notice has been given by (1) the chair of the board of the compact administrators; or (2) the secretary of the board of compact administrators to each party state that the resolution from the applying state has been received. (e) A party state may withdraw from the compact by giving official written notice to the other party states. A withdrawal does not take effect until 90 days after the notice of withdrawal is given. The notice must be directed to the compact administrator of each party state. The withdrawal of a party state does not affect the validity of the compact as to the remaining party states. The party states agree that (a) This compact may be amended from time to time. Amendments must be presented in resolution form to the chair of the board of compact administrators and may be proposed by one or more party states. (b) The adoption of an amendment must be endorsed by all party states and becomes effective 30 days after the date the last party state endorses the amendment. (c) The failure of a party state to respond to the chair of the board of compact administrators within 120 days after the receipt of the proposed amendment constitutes an endorsement. The party states agree that this compact must be liberally construed so as to carry out the purposes stated in the compact. The provisions of this compact are severable and if any phrase, clause, sentence or provision of the compact is declared to be contrary to the constitution of any party state or the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of the compact is not affected thereby. If this compact is held contrary to the constitution of any party state thereto, the compact remains in effect as to the remaining states and to the state affected as to all severable matters. The party states agree that this compact will be known as the Wildlife Violator Compact. Sec. 16.05.334. Application of Wildlife Violator Compact. The provisions of AS 16.05.332 do not apply to violations involving (1) commercial fishing; or (2) commercial activities of providers of services to big game hunters; for purposes of this section, “services to big game hunters” has the meaning given to “big game hunting services” under AS 08.54.790 . Sec. 16.05.335. Complimentary licenses. The commissioner shall annually, at the request of the governor, provide the governor with not more than 50 complimentary fishing and hunting licenses and appropriate big game tags which the governor may distribute to distinguished visitors to the state for their use in any one season during their visits to the state. The complimentary license for sport fishing or hunting or both shall be inscribed by the governor with the inclusive dates for its authorized use. The governor shall advise the department on any complimentary issuances, which information shall be available to the public. Sec. 16.05.340. License, permit, and tag fees; surcharge; miscellaneous permits to take fish and game. (a) Fees for licenses, permits, and tags are as follows: (1) Resident sport fishing license ..... $ 20 However, the fee is 50 cents for a resident who is blind. (2) Resident hunting license ..... 35 (3) Resident hunting and trapping license ..... 55 (4) Resident trapping license ..... 25 (5) Resident hunting and sport fishing license ..... 50 (6) Resident hunting, trapping, and sport fishing license ..... 75; (A) however, the fee is $5 for an applicant who has an annual family or household income equal to or less than the most recent poverty guidelines for the state set by the United States Department of Health and Human Services for the year preceding application; (B) a person paying $5 for a resident hunting, trapping, and sport fishing license must provide proof of eligibility under this paragraph when requested by the department. (7) Nonresident sport fishing license — valid for the period inscribed on the license (A) For 14-day license ..... 75 (B) For seven-day license ..... 45 (C) For three-day license ..... 30 (D) For one-day license ..... 15 (8) Nonresident annual sport fishing license ..... 100 (9) Nonresident hunting license ..... 130 (10) [Repealed, § 10 ch 74 SLA 1997.] (11) Nonresident hunting and trapping license ..... 375 (12) Fur dealers (A) Resident fur dealer biennial license ..... 150 (B) Nonresident fur dealer biennial license ..... 500 (13) Taxidermists (A) Resident taxidermy biennial license ..... 200 (B) Nonresident taxidermy biennial license ..... 500 (14) Aquatic farming triennial license ..... 400 (15) Nonresident big game tagsA nonresident may not take a big game animal without previously purchasing a numbered, nontransferable, appropriate tag, issued under this paragraph. The tag must be affixed to the animal before leaving the kill site and must remain affixed until the animal is prepared for storage, consumed, or exported. A tag issued but not used for an animal may be used to satisfy the tagging requirement for an animal of any other species for which the tag fee is of equal or less value. (A) Bear, black, each ..... 450 (B) Bear, brown or grizzly, each ..... 1,000 (C) Bison, each ..... 900 (D) Caribou, each ..... 650 (E) Deer, each ..... 300 (F) Elk, each ..... 600 (G) Goat, each ..... 600 (H) Moose, each ..... 800 (I) Sheep, each ..... 850 (J) Wolf, each ..... 60 A nonresident is not required to have a nonresident wolf tag to take a wolf in a game management unit if the Board of Game has adopted an intensive management program under AS 16.05.255 (e) for all or a portion of the game management unit. (K) Wolverine, each ..... 350 (L) Musk oxen, each ..... 2,200 (16) Resident big game tags (A) Bear, brown or grizzly, each ..... 25 The Board of Game may, by regulation effective for not more than one year, eliminate the resident brown or grizzly bear tag and fee for all or a portion of a game management unit. (B) Musk oxen, each ..... 500 However, the Board of Game may by regulation reduce or eliminate the resident big game tag and fee for musk oxen for all or a portion of a game management unit. (17) Waterfowl conservation tag ..... 10 (A) A person may not engage in waterfowl hunting without having the current year's waterfowl tag in the person's actual possession, unless that person (i) qualifies for a $5 license fee under (6) of this subsection; (ii) is a resident under 18 years of age; (iii) is 60 years of age or older and is a resident; (iv) has an identification card issued under AS 16.05.400 (b). (B) The Board of Game shall by regulation exempt the requirement of a waterfowl conservation tag for waterfowl hunting in areas of the state not likely to benefit from programs described in AS 16.05.130 (b)(2) — (4). (18) Game farming (A) Game mammal or game reptile farming biennial license ..... 250 (B) Game bird farming biennial license ..... 50 (19) Nonresident small game hunting license ..... 30 (20) Nonresident alien hunting license ..... 600 A nonresident alien may not take a big game animal without previously purchasing a numbered, nontransferable, appropriate tag, issued under (21) of this subsection. The tag must be affixed to the animal before leaving the kill site and must remain affixed until the animal is prepared for storage, consumed, or exported. A tag issued but not used for an animal may be used to satisfy the tagging requirement for an animal of any other species for which the tag fee is of equal or less value. (21) Nonresident alien big game tags (A) Bear, black, each ..... 600 (B) Bear, brown or grizzly, each ..... 1,300 (C) Bison, each ..... 1,300 (D) Caribou, each ..... 850 (E) Deer, each ..... 400 (F) Elk, each ..... 800 (G) Goat, each ..... 800 (H) Moose, each ..... 1,000 (I) Musk oxen, each ..... 3,000 (J) Sheep, each ..... 1,100 (K) Wolf, each ..... 100 A nonresident alien is not required to have a nonresident alien wolf tag to take a wolf in a game management unit if the Board of Game has adopted an intensive management program under AS 16.05.255 (e) for all or a portion of the game management unit. (L) Wolverine, each ..... 500 (22) Chitina dip net fishing permit ..... 15 The members of the family of a person who has obtained a Chitina dip net fishing permit are not required to have a Chitina dip net fishing permit while they are engaged in dip net fishing at Chitina if they are engaged in fishing in the presence of the person and the person has the Chitina dip net fishing permit in the person's physical possession. In this paragraph, “family” means persons who are related by blood, marriage, or adoption and who live in the same household on a permanent basis. (23) Resident anadromous king salmon tag ..... 10 A resident may not engage in sport fishing for anadromous king salmon without having the current year's anadromous king salmon tag in the resident's actual possession, unless that person (A) qualifies for a 50 cent license fee under (1) of this subsection; (B) is under 18 years of age; (C) is 60 years of age or older and has been a resident of the state for at least one year; (D) has an identification card issued under AS 16.05.400 (b); or (E) qualifies for a $5 license fee under (6) of this subsection. (24) Nonresident anadromous king salmon tag — valid for the period inscribed on the tag (A) for a one-day tag ..... 15 (B) for a three-day tag ..... 30 (C) for a seven-day tag ..... 45 (D) for a 14-day tag ..... 75 (E) for an annual tag ..... 100 A nonresident may not engage in sport fishing for anadromous king salmon without having a valid anadromous king salmon tag in the person's actual possession, unless that person is under 16 years of age. Members of the military service on active duty who are permanently stationed in the state, and their dependents, who do not qualify as residents under AS 16.05.415 , may obtain an annual nonresident military anadromous king salmon tag for $30. (25) Nuisance wild animal control license ..... 100 (26) [Repealed, § 8, ch. 70, SLA 2004.] (27) [Repealed, § 5 ch 30 SLA 2016.] (b) The commissioner may issue without cost a permit to collect fish and game, including fur animals, subject to limitations and provisions that are appropriate, for a scientific, propagative, or educational purpose. The commissioner also may issue without cost a permit for the noncommercial control of nuisance wild birds or nuisance wild small mammals. The commissioner also may issue a permit for the collection of bivalve spat for use in connection with an aquatic farm. In addition, the commissioner shall issue a permit for the collecting of wild fur animals for improving the genetic stock of fur farm animals. Permits issued under this subsection shall be in accordance with current sustained yield management practices for the species of wild game for which the permit is requested. The annual permit fee for an Alaska resident to collect wild fur animals for fur farming purposes is the same as the fee for resident trappers. (c) The commissioner may issue a duplicate license or a duplicate tag as a replacement for a license or tag issued under (a) of this section. A fee of $5 shall be charged for each duplicate license or tag; however, a fee of $2 shall be charged for each duplicate of reduced fee license issued to an indigent or low income person under (a)(6) of this section. The duplicate license or tag may not be issued unless the commissioner or a delegate is satisfied that the original has been lost or destroyed. (d) Members of the military service or the United States Coast Guard on active duty who are permanently stationed in the state, and their dependents, who do not qualify as residents under AS 16.05.415 , may obtain special nonresident military hunting and sport fishing licenses at the rates for resident hunting and sport fishing licenses. A person who obtains a special nonresident military hunting license under this subsection is exempt from the requirements of (a)(15) of this section, but may not take a big game animal for which a tag is required under (a)(16) of this section or a mountain goat or sheep without previously purchasing a numbered, nontransferable appropriate tag, issued at the resident rate, under (a)(16) of this section. A person who obtains a special nonresident military hunting license under this subsection may obtain a numbered, nontransferable tag for mountain goat or sheep at no cost. (e) [Repealed, § 27 ch 71 SLA 1986.] (f) [Repealed, § 4 ch 81 SLA 1992.] (g) A hunting, trapping, or fishing license, tag, or permit for which a fee is authorized under this section or for which the fee is waived or modified under AS 16.05.330 — 16.05.430 may be issued only to a natural person. (h) Subject to regulations adopted by the Board of Game, a person who holds a nuisance wild animal control license may engage in the control of nuisance wild birds and nuisance wild small mammals for compensation.

(i) If the commissioner determines that residents of the state are entitled to obtain licenses for sport fishing, including sport fishing for anadromous king salmon, in Yukon, Canada, for the same fees that are charged to residents of Yukon for comparable sport fishing licenses, the commissioner may adopt regulations authorizing residents of Yukon to receive (1) nonresident annual sport fishing licenses for the fees charged to residents under (a) of this section for a resident sport fishing license; and (2) nonresident anadromous king salmon annual tags for the fee charged to residents under (a) of this section for a resident anadromous king salmon tag. (j) [Repealed, § 34 ch 18 SLA 2016.] (k) In addition to the fees for a hunting license set out in (a) and (d) of this section, each person who purchases a hunting license shall pay an intensive management surcharge as set out in this subsection for the purpose of providing funding for the intensive management of the state's game populations under AS 16.05.255 (e). A person who is eligible for a $5 resident hunting, trapping, and sport fishing license under (a)(6) of this section or a free license under AS 16.05.341 is exempt from payment of the surcharge imposed under this subsection. The amount of the surcharge attached to each hunting license must be clearly disclosed on the license. Except as otherwise provided by this subsection, the intensive management surcharge for each (1) resident hunting license available under this section is $10; and (2) nonresident hunting license available under this section is $30. Sec. 16.05.341. Free license for active members of the Alaska National Guard and military reserves. A person may receive a resident hunting, trapping, and sport fishing license under AS 16.05.340 (a)(6) without charge if the person is an active member of the (1) Alaska National Guard; (2) United States Army reserves; (3) United States Air Force reserves; (4) United States Navy reserves; (5) United States Marine Corps reserves; or (6) United States Coast Guard reserves. Sec. 16.05.343. Auctions or raffles for certain harvest permits. (a) The department may donate each year for a competitive auction or raffle up to two harvest permits for elk from the Etolin, Afognak, or Raspberry Island herds and one harvest permit for bison. The donation may be made only to a nonprofit corporation established to promote education in outdoor traditions and wildlife conservation and wildlife protection programs in partnership with the department, subject to the terms of a memorandum of agreement developed by the department. (b) [Repealed, § 4 ch 47 SLA 2014.] (c) The department, subject to regulations adopted by the commissioner, may issue, through a competitive auction or raffle, up to four harvest permits each year for each of the following species: emperor goose, Dall sheep, bison, musk ox, brown or grizzly bear, black bear, moose, caribou, goat, elk, and wolf. Subject to regulations, if the department issues permits that allow persons to view bears in the McNeil River State Game Sanctuary established under AS 16.20.160 and 16.20.162, the department may issue up to four of the viewing permits through a competitive auction or raffle. Notwithstanding AS 36.30 , the department may authorize a qualified organization selected under (e) of this section to conduct the auction or raffle on behalf of the department. If the department does authorize a qualified organization to conduct an auction or raffle for a species, the department shall make available to a qualified organization at least one harvest permit for that species. A person who is issued a harvest permit under this subsection shall receive upon the person's request a complimentary hunting license and, if applicable, a big game tag for the species for which the harvest permit is issued. A hunting license issued under this subsection must bear the inscription “Governor's license” or a similar designation. Notwithstanding an inscription as a “Governor's license” or a similar designation, the commissioner shall issue licenses under this section. A person who receives a harvest permit, hunting license, or big game tag under this subsection may exercise the privileges conveyed by the permit, license, or tag only in accordance with applicable law. In this subsection, “qualified organization” means an organization selected under (e) of this section. (d) Auctions and raffles of harvest permits authorized under this section are not subject to AS 05.15 . (e) The department may select a nonprofit organization that promotes education in outdoor traditions and wildlife conservation and that conducts wildlife conservation and wildlife protection programs to conduct auctions or raffles for the department under (c) of this section. An organization selected under this subsection is a qualified organization for purposes of (c) of this section if the organization (1) is incorporated in the state as a nonprofit corporation; and (2) in the judgment of the department, demonstrates support for a state-based model through a user-pays system based on sustained yield and use principles. (f) If an auction or raffle is conducted by an organization qualified under (e) of this section, the organization may retain an amount from the gross proceeds of the auction or raffle equal to the administrative cost of the auction or raffle plus an additional amount from the auction or raffle not to exceed 30 percent of the net proceeds if the organization will use the funds to support outdoor tradition and wildlife conservation education projects and wildlife conservation and wildlife protection programs approved by the department. (g) Proceeds from a raffle or lottery held under this section may be used only by an organization qualified under (e) of this section for the purposes provided by (f) of this section, and may not be used to make a contribution to a candidate for political office or to an organization supporting or opposing ballot propositions or paying expenses associated with lobbying the legislature or administration. All proceeds from the auction or raffle of the harvest permit less the amount that is retained by a qualified organization under (f) of this section shall be deposited in the fish and game fund under AS 16.05.100 . Sec. 16.05.345. Musk oxen. [Repealed, § 4 ch 57 SLA 1980.] Sec. 16.05.346. Permit applications. (a) If the Board of Game establishes an open season for musk oxen and has not reduced or eliminated the $500 resident tag and fee under AS 16.05.340 (a)(16), the department shall conduct a drawing for permits to take the musk oxen. If the Board of Game establishes an open season for musk oxen for which the Board of Game has reduced or eliminated the resident tag and fee, the department shall issue permits to take the musk oxen in the order in which applications are received by the department. The department may not charge a resident a fee for an application for a musk oxen permit for an open season in which the Board of Game has reduced or eliminated the resident tag and fee under AS 16.05.340 (a)(16). In all other cases, the application fee for a musk oxen permit is $10. (b) The application fee for a drawing permit issued by the department for the hunting of bison is $10. (c) Except as provided in (a) and (b) of this section, the permit application fee for all species for which a limited drawing is conducted is $5. (d) [Repealed, § 2 ch 39 SLA 2001.] Sec. 16.05.350. Expiration of licenses, permits, and tags. (a) Licenses, permits, and tags required under AS 16.05.330 — 16.05.430, except biennial licenses, triennial licenses, the nonresident sport fishing licenses, the resident trapping license, the nonresident anadromous king salmon tags, the waterfowl conservation tag, and permits having a different specified expiration date, expire at the close of December 31 following issuance. (b) Biennial licenses expire after December 31 of the year following the year of issuance. (c) Triennial licenses expire after December 31 of the second year following the year of issuance. (d) The resident trapping license expires at the close of September 30 of the year following the year in which the license is issued. (e) The waterfowl conservation tag expires at the close of January 31 of the year following the year of issue of the tag. Sec. 16.05.352. Fish and game conservation decal. The department shall annually produce and make available to the public fish and game conservation decals. The department shall, by appropriate means, provide for the selection of designs for fish and game conservation decals and for the production and sale of the decals. The department may produce and sell different decals in quantities that the commissioner considers appropriate. Upon payment of a $20 fee, a person may purchase a fish and game conservation decal from the department. Subject to appropriation by the legislature, money received under this section may be used by the department to fund programs benefiting fish and wildlife conservation. Sec. 16.05.360. Commissioner charged with license issuance. (a) The commissioner or an authorized deputy shall issue each license and tag to a qualified person under written application containing such reasonable information as required by the commissioner. The commissioner shall designate the license and tag form or type. The form or type must be sufficient to identify and locate the applicant and establish the applicant's status as to residency and citizenship. Each application shall be subscribed by the applicant. (b) [Repealed, § 2 ch 39 SLA 2001.] Sec. 16.05.370. Reports by licensees. (a) The commissioner may require a report to be made by each licensee concerning the time, manner, and place of taking fish and game, the kinds and quantity taken, and other information helpful in administering the fish and game resources of the state. (b) [Repealed, § 18 ch 37 SLA 1989.] (c) [Repealed, § 18 ch 37 SLA 1989.] Sec. 16.05.380. Commissioner may appoint agents. The commissioner may appoint state employees or other persons to take applications, issue licenses, permits, and tags, and collect fees. The commissioner is not liable for defalcation or failure to account for the fees collected by any person so appointed, but the commissioner shall require a bond in an adequate sum, conditioned upon faithfully accounting for all money collected. However, the commissioner may waive the bond requirements of an instrumentality of the United States or its agents and employees when the instrumentality or its agents or employees sell licenses, permits, or tags primarily to persons in the armed forces. Each person, upon appointment by the commissioner, may administer oaths on applications for licenses, permits, and tags. Sec. 16.05.390. Fees and compensation for issuance of licenses, permits, and tags. (a) Except as provided in (e) of this section, an agent appointed by the commissioner under AS 16.05.380 to sell licenses, permits, and tags is entitled to (1) retain five percent of the fee that is charged for a license, permit, or tag or 25 cents for each license, permit, or tag sold, whichever is greater; and (2) compensation of $50 per year or $1 for each license, permit, or tag sold during the year, whichever is greater. (b) Each agent appointed to sell licenses, permits, or tags under AS 16.05.380 shall, as directed by the commissioner, transmit the proceeds from the sales of licenses, permits, and tags, except the amount authorized to be retained under (a)(1) of this section, together with a report of the sales, to the commissioner for deposit in the fish and game fund or the general fund. (c) On March 31, June 30, September 30, and December 31 of each year the commissioner shall calculate the compensation earned by an agent under (a)(2) of this section, minus the penalties assessed under (g) of this section. If the compensation due exceeds $50, the commissioner shall pay the compensation not later than 30 days after the date for which the compensation was calculated. If the compensation due is $50 or less, the commissioner shall pay the compensation not later than January 30 of the year following the year in which the compensation was earned. The commissioner shall pay compensation only for sales of licenses, permits, or tags for which the commissioner has received the report and proceeds required to be transmitted under (b) of this section. (d) Compensation provided by this section shall be paid from appropriations made to the department. (e) The provisions of (a) of this section do not apply to a state employee appointed by the commissioner under AS 16.05.380 to sell licenses, permits, and tags. (f) Proceeds and reports under (b) of this section shall be transmitted to the commissioner by the last day of the month following the month in which the licenses, permits, and tags are sold, unless an alternative reporting schedule has been established by contract. (g) The commissioner may assess a penalty against an agent who does not transmit proceeds within the time allowed under (f) of this section. The penalty is equal to one and one-half percent of the amount of proceeds due. The penalty may be assessed for each month or portion of a month that the proceeds are delinquent. A penalty under this subsection shall be withheld from the agent's compensation under (a)(2) of this section. Sec. 16.05.395. Sport fishing vessel registration. A person may not use a vessel to provide sport fishing services unless the vessel is registered with the department and proof of registration is attached to and clearly visible on the vessel while the vessel is used to provide sport fishing services. The department shall register vessels used to provide sport fishing services, and provide proof of registration, without charge. The department may adopt regulations as the department finds necessary to implement this section. Sec. 16.05.400. Persons exempt from annual licensing requirements. (a) A license is not required of a resident under 18 years of age or a nonresident under 16 years of age for sport fishing nor is a license required of a resident under 18 years of age for hunting or trapping. (b) Upon request, and without charge, the commissioner shall issue a permanent sport fishing, hunting, or trapping identification card to a resident who completes the forms required by the commissioner for implementation of this section and who (1) is 60 years of age or older; (2) has been discharged from military service under honorable conditions, is eligible for a loan under AS 18.56.101 , and is certified by the United States Department of Veterans Affairs as having incurred a 50 percent or greater disability during military service; or (3) has served in the Alaska Territorial Guard, is eligible for a loan under AS 18.56.101 , and incurred a 50 percent or greater disability while serving in the Alaska Territorial Guard. (c) A person who is issued a permanent identification card under this section may not sport fish, hunt, or trap without having in the person's possession a valid identification card issued under this section or the appropriate license. Sec. 16.05.403. Special licenses and permits. (a) A resident hunting license, a resident sport fishing license, a resident subsistence fishing permit, or a resident personal use fishing permit indicating that the purchaser is blind may be obtained from the department upon payment of the fee prescribed in AS 16.05.330 — 16.05.430 and upon presentation of either an affidavit of the applicant stating that the applicant cannot distinguish light from darkness or an affidavit signed by a licensed physician or a licensed optometrist stating that the applicant's central visual acuity does not exceed 20/200 in the better eye with correcting lenses or that the applicant's widest diameter of visual field subtends an angle no greater than 20 degrees. (b) A resident who is a person with physical disabilities may obtain from the department upon payment of the fee prescribed in AS 16.05.330 — 16.05.430 and upon submission of satisfactory proof of physical disabilities a resident hunting license, a resident sport fishing license, a resident subsistence fishing permit, or a resident personal use fishing permit indicating that the purchaser is a person with physical disabilities. (c) A resident who is 65 years of age or older may obtain from the department upon payment of the fee prescribed in AS 16.05.330 — 16.05.430 and upon submission of satisfactory proof of age a resident hunting license, a resident sport fishing license, a resident subsistence fishing permit, or a resident personal use fishing permit indicating that the purchaser is a person who is 65 years of age or older. This subsection does not limit the right of a resident person who is 65 years of age or older to obtain a permanent identification card under AS 16.05.400 (b). (d) A resident who is a person with developmental disabilities may obtain from the department upon payment of the fee prescribed in AS 16.05.330 — 16.05.430 and upon submission of satisfactory proof of developmental disabilities a resident hunting license, a resident sport fishing license, a resident subsistence fishing permit, or a resident personal use fishing permit indicating that the purchaser is a person with developmental disabilities. This subsection does not require the department to issue a license or permit to a person with a developmental disability who is prohibited from possessing a firearm or ammunition under 18 U.S.C. 922 as a result of an involuntary commitment or an adjudication of mental illness or mental incompetence. Sec. 16.05.404. Transferability of hunting permits awarded by drawing. (a) The department may transfer or reissue a hunting permit for a hunt that was originally awarded to a resident by drawing established by the Board of Game under AS 16.05.255 (a) to a qualified substitute, if the person to whom the hunting permit was originally awarded has died and the person's spouse, or if there is no spouse, an immediate family member of the decedent, (1) applies for the hunting permit to be transferred or reissued to a qualified substitute named in the application; and (2) provides proof acceptable to the department of the person's death. (b) To qualify as a substitute under this section, an individual must be a state resident. (c) An application to transfer or reissue a hunting permit under this section may be made only before the end of the period during which the hunting permit is valid. (d) A hunting permit may only be transferred or reissued under this section to a substitute who is qualified under the conditions that applied to the person to whom the hunting permit was originally awarded. A hunting permit may be transferred or reissued under this section only for the specific hunt for which the permit was originally awarded. (e) In this section, “immediate family member” means a parent, sibling, or child related by blood, marriage, or adoption. Sec. 16.05.405. Taking fish and game by proxy. (a) Subject to regulations adopted by the Board of Fisheries or the Board of Game to implement this section, including regulations relating to or restricting seasons, areas, methods and means, and species, a resident may take fish or game harvested primarily for food on behalf of another person under this section. (b) Notwithstanding AS 16.05.420 (c), a resident holding a valid resident hunting license may take game on behalf of a person who is blind, a person with physical or developmental disabilities, or a person who is 65 years of age or older if the resident possesses on the resident's person (1) a document signed by the person on whose behalf the game is taken, stating that the resident possesses the person's hunting license or permanent identification card issued under AS 16.05.400 (b) in order to take game on behalf of that person; and (2) the person's (A) resident hunting license issued under AS 16.05.403 or permanent identification card issued under AS 16.05.400 (b); and (B) harvest ticket, tag, stamp, or other document required by law as a condition of taking the game being hunted. (c) Notwithstanding AS 16.05.420 (c), a resident holding a valid noncommercial fishing license may take fish on behalf of a person who is blind, a person with physical or developmental disabilities, or a person who is 65 years of age or older if the resident possesses on the resident's person (1) a document signed by the person on whose behalf the fish is taken, stating that the resident possesses the person's sport fishing license, subsistence fishing permit, personal use fishing permit, or permanent identification card issued under AS 16.05.400 (b) in order to take fish on behalf of that person; (2) the person's (A) resident sport fishing license issued under AS 16.05.403 or permanent identification card issued under AS 16.05.400 (b); (B) resident subsistence fishing permit issued under AS 16.05.403 ; or (C) resident personal use fishing permit issued under AS 16.05.403 ; and (3) all other documents issued to the person that are required by law as a condition of taking the fish being pursued. (d) A resident who takes fish or game on behalf of another person under this section may, subject to applicable regulations of the Board of Fisheries or the Board of Game, take the fish or game only under those conditions that would apply to the other person if the other person took the fish or game personally. (e) A resident who takes, or attempts to take, fish or game on behalf of a person under this section may also simultaneously engage in fishing or hunting for the resident's use; however, the resident may not take or attempt to take fish or game by proxy for more than one person at a time. For the purposes of this subsection, a resident is engaged in taking, or attempting to take, fish or game by proxy while the resident has possession of (1) another person's (A) license, permit, or identification card issued under AS 16.05.400 (b) and all other documents issued to the person that are required by law as a condition of taking the fish or game being pursued; and (B) signed document under (b)(1) or (c)(1) of this section; or (2) fish or game taken on behalf of another person. (f) A resident who takes fish or game on behalf on another person under this section shall (1) complete reports relating to the taking of the fish or game as required by the commissioner of fish and game under AS 16.05.370 ; (2) deliver all parts of fish and game removed from the field to the person on whose behalf the fish or game was taken within a reasonable time after the fish or game is taken; and (3) until the fish or game is delivered to the person on whose behalf the fish or game was taken, retain the person's (A) license or permit and all other documents issued to the person that are required by law as a condition of taking the fish or game; and (B) signed document required under (b)(1) or (c)(1) of this section. Sec. 16.05.407. Nonresident hunting big game animals must be accompanied. (a) It is unlawful for a nonresident to hunt, pursue, or take brown bear, grizzly bear, mountain goat, or sheep in this state, unless personally accompanied by (1) a person who is licensed as (A) a registered guide-outfitter or a master guide-outfitter under AS 08.54 and who is providing big game hunting services to the nonresident under a contract with the nonresident; or (B) a class-A assistant guide or an assistant guide under AS 08.54 and who is employed by a registered guide-outfitter or a master guide-outfitter who has a contract to provide big game hunting services to the nonresident; or (2) a resident over 19 years of age who is (A) the spouse of the nonresident; or (B) related to the nonresident, within and including the second degree of kindred, by marriage or blood. (b) An applicant for a nonresident big game tag for the taking of an animal specified in (a) of this section shall first furnish to the state, on a form provided by the state, an affidavit showing that the applicant will be personally accompanied while hunting by a person who is qualified under the terms of (a) of this section. A person who falsifies the required affidavit is guilty of perjury under AS 11.56.200 . (c) [Repealed, § 27 ch 71 SLA 1986.] (d) A nonresident who violates (a) of this section, or who fails to furnish an affidavit under (b) of this section, is guilty of a misdemeanor and upon conviction is punishable by imprisonment for not more than one year, or by a fine of not more than $5,000, or by both. (e) [Repealed, § 18 ch 37 SLA 1989.] (f) An applicant for a nonresident hunt permit for the taking of an animal specified in (a) of this section shall, if requested by the department, first furnish to the department proof of prior authorization to use federal, state, or private land where the permit hunt will occur. The authorization shall be provided to the applicant by the registered guide-outfitter or master guide-outfitter with whom the applicant has contracted to guide the permit hunt. Sec. 16.05.408. Nonresident alien hunter to be accompanied by guide. (a) It is a class A misdemeanor for a nonresident alien to hunt, pursue, or take a big game animal as defined by the Board of Game unless personally accompanied by (1) a registered guide-outfitter or a master guide-outfitter licensed under AS 08.54 who is providing big game hunting services to the nonresident alien under a contract with the nonresident alien; or (2) a class-A assistant guide or an assistant guide licensed under AS 08.54 who is employed by a registered guide-outfitter or a master guide-outfitter who has a contract to provide big game hunting services to the nonresident alien. (b) A nonresident alien, when purchasing a big game tag for the taking of an animal specified in (a) of this section, shall first furnish to the state, on a form provided by the state, an affidavit showing that the nonresident alien will be accompanied in the hunt by a person who is qualified under the terms of (a) of this section. A nonresident alien shall have a copy of the affidavit in possession while in the field hunting. A person who falsifies the required affidavit is guilty of perjury under AS 11.56.200 . (c) Before obtaining a nonresident hunt permit for the taking of an animal specified in (a) of this section, a nonresident alien shall, if requested by the department, first furnish to the department proof of prior authorization to use federal or private land where the permit hunt will occur. The authorization shall be provided to the nonresident alien by the registered guide-outfitter or master guide-outfitter with whom the nonresident alien has contracted to guide the permit hunt. Sec. 16.05.410. Revocation of license. (a) Upon conviction of a person of a first violation of AS 16.05.330 — 16.05.430 or of a federal or state law or regulation for the protection of the sport fish and game of the state, the court may, in addition to the penalty imposed by law, revoke the person's license. (b) Upon subsequent conviction of a person for a violation of AS 16.05.330 — 16.05.430 or of a federal or state law or regulation for the protection of the sport fish and game of the state, the court shall revoke the person's license. (c) A person whose license has been revoked as provided in (b) of this section may not purchase another license of the same type for a period of not less than two years nor more than three years from the date of revocation as determined by the court. (d) [Repealed, § 2 ch 32 SLA 1968.] (e) [Repealed, § 2 ch 32 SLA 1968.] (f) Except as provided in (g) of this section, the provisions of (a) — (c) of this section do not apply when the offense for which the person is convicted is a misdemeanor for which a forfeitable bail amount has been set under AS 16.05.165 . (g) When a person has been convicted during a two-year period of two or more misdemeanor offenses for which a forfeitable bail amount has been set under AS 16.05.165 , a peace officer may file a civil action in the district court to revoke the person's license. Once an action has been filed, the court shall set a time and date for a hearing on the proposed license revocation, and shall send notice of the hearing to the person. The hearing shall be before the court without a jury. At the hearing the court shall hear evidence regarding the nature and seriousness of the offenses for which the person was convicted, the time period involved, the potential effect of the person's actions upon the preservation of the resource, and other relevant circumstances. If the court finds by a preponderance of the evidence that the person's actions demonstrate a disregard for the preservation of the state's fish or wildlife resources, the court may revoke the person's license for a period of not less than one year nor more than three years from the date of revocation. (h) For purposes of enforcement of the provisions of the Wildlife Violator Compact entered into under AS 16.05.332 , upon the receipt of a report that a violator has failed to comply with the terms of a citation for a wildlife violation issued by an issuing state other than this state or of the violator's conviction of a wildlife violation in an issuing state other than this state, a peace officer may file a civil action in the district court to revoke the comparable license or licenses that the violator holds in this state. Once an action has been filed, the court shall set a time and date for a hearing on the proposed license revocation or revocations and shall send notice of the hearing to the violator. The hearing shall be before the court without a jury. At the hearing, the court shall hear evidence regarding the nature and seriousness of the offense for which the violator was convicted or the nature and seriousness of the failure to comply with the citation, the time period involved, the potential effect of the violator's actions on the preservation of the resource, and other relevant circumstances. If the court finds by a preponderance of the evidence that the violator's actions demonstrate a disregard for the preservation of wildlife resources, the court may revoke the violator's license or licenses for a period of not less than one year or more than three years from the date of revocation. In this subsection, the terms “issuing state,” “wildlife,” and “wildlife violation” have the meanings given in AS 16.05.332 . Sec. 16.05.415. Determination of residency. (a) In AS 16.05.330 — 16.05.430, a person, except as provided in (c) — (f) of this section, is a resident if the person (1) is physically present in the state with the intent to remain in the state indefinitely and to make a home in the state; (2) has maintained the person's domicile in the state for the 12 consecutive months immediately preceding the application for a license; (3) is not claiming residency in another state, territory, or country; and (4) is not obtaining benefits under a claim of residency in another state, territory, or country. (b) A person who establishes residency in the state under (a) of this section remains a resident during an absence from the state unless during the absence the person (1) establishes or claims residency in another state, territory, or country; or (2) performs an act, or is absent under circumstances, that are inconsistent with the intent required under (a) of this section. (c) A person who is a member of the military service or the United States Coast Guard is a resident for the purposes of AS 16.05.330 — 16.05.430 if the person has been stationed in the state for the 12 consecutive months immediately preceding the application for a license. This subsection does not apply to a person who establishes and maintains residency in the state under (a) and (b) of this section. (d) A person who is the dependent of a resident member of the military service or the United States Coast Guard under (a) or (c) of this section is a resident for the purposes of AS 16.05.330 — 16.05.430 if the person has lived in the state for the 12 consecutive months immediately preceding the application for a license. This subsection does not apply to a person who establishes and maintains residency in the state under (a) and (b) of this section. (e) A person who is an alien is a resident for the purposes of AS 16.05.330 — 16.05.430 if the person (1) is physically present in the state with the intent to remain in the state indefinitely and to make a home in the state; (2) has maintained the person's domicile in the state for the 12 consecutive months immediately preceding the application for a license; (3) is not claiming residency in another state, territory, or country; and (4) is not obtaining benefits under a claim of residency in another state, territory, or country. (f) In AS 16.05.330 — 16.05.430, a person who is not a natural person, other than a sole proprietorship, establishes residency by maintaining its main office or headquarters in the state and providing proof, satisfactory to the commissioner, of that fact to the department or an agent of the department upon demand. A sole proprietorship has the same residency as the person, whether natural or otherwise, who is the proprietor of the entity. The commissioner may adopt regulations as necessary to implement this subsection. (g) A natural person who does not qualify as a resident under (a) — (e) of this section does not qualify as a resident by virtue of an interest in a resident business entity under (f) of this section. (h) In AS 16.05.330 — 16.05.430, a nonresident (1) person is a person who does not qualify as a resident under (a) — (f) of this section; and (2) alien is an alien person who does not qualify as a resident under (e) of this section. (i) In this section, “license” means a license, tag, permit, stamp, identification card issued under AS 16.05.400 (b), or other indicia of permission to engage in an activity subject to AS 16.05.330 - 16.05.430. Sec. 16.05.420. License, tag, permit, and registration violations. (a) A false statement of a material fact in an application for a license, tag, permit, and sport fishing vessel registration issued under AS 16.05.330 — 16.05.430 voids the license, tag, permit, or registration for which the application is made. (b) A person may not make a false statement, or omit a material fact, in an application for a license, tag, permit, or sport fishing vessel registration issued under AS 16.05.330 — 16.05.430. A person who without any culpable mental state makes a false statement as to the person's identity or residency in an application for a license, tag, permit, or sport fishing vessel registration issued under AS 16.05.330 — 16.05.430 is guilty of a violation and upon conviction is punishable by a fine of not more than $300. A person who knowingly violates this subsection is guilty of a class A misdemeanor. (c) A person to whom a license, tag, or sport fishing vessel registration has been issued under this chapter may not alter, change, loan, or transfer the license, tag, or sport fishing vessel registration. Except for a hunting permit originally awarded by drawing established by the Board of Game under AS 16.05.255 (a) that has been transferred or reissued under AS 16.05.404 , a person may not use a license, tag, or sport fishing vessel registration that has been issued under this chapter to another person. Sec. 16.05.430. Penalties. (a) Except as provided in AS 16.05.330 (f),16.05.407(b) and (d), 16.05.408(b), and 16.05.420(b), a person who violates AS 16.05.330 — 16.05.420 or a regulation adopted under AS 16.05.330 — 16.05.420 is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than $1,000, or by imprisonment for not more than six months, or by both. (b) The proceeds of all fines shall be transmitted by the court to the proper state officer for deposit in the general fund of the state. Article 4. Licensing of Commercial Fishing Crewmembers and Vessels. Sec. 16.05.440. Expiration date for licenses. Licenses issued under AS 16.05.440 — 16.05.723 expire at the close of December 31 following their issuance or, for licenses that are valid for two years, after December 31 of the year after the year of issuance, and shall be renewed upon application and payment of the license fees required by AS 16.05.440 — 16.05.723. Sec. 16.05.450. Issuance of licenses; disclosure for child support purposes. (a) The commissioner or an authorized agent shall issue a crewmember fishing license under AS 16.05.480 to each qualified person who files a written application at a place in the state designated by the commissioner, containing the reasonable information required by the commissioner together with the required fee. The commissioner shall require the reporting of the applicant's social security number on the application. The application shall be simple in form and shall be executed by the applicant under the penalty of unsworn falsification in the second degree. (b) The Alaska Commercial Fisheries Entry Commission shall issue a vessel license under AS 16.05.490 to each qualified vessel for which a written application has been filed, at a place in the state designated by the commission, containing the reasonable information required by the commission together with the required fee. The application shall be simple in form and shall be executed by the applicant under the penalty of unsworn falsification in the second degree. (c) [Repealed, § 19 ch 105 SLA 1977.] (d) Upon request, the commissioner shall provide a social security number provided under (a) of this section to the child support services agency created in AS 25.27.010 , or the child support enforcement agency of another state, for child support purposes authorized under law. Sec. 16.05.460. Commissioner may appoint agents. The commissioner may appoint qualified persons as agents to receive applications, issue licenses, and collect license fees under AS 16.05.440 — 16.05.480. Sec. 16.05.470. Fee for issuance of licenses. (a) A person appointed by the commissioner to sell licenses under AS 16.05.440 — 16.05.480, except salaried employees of the state, shall retain the sum of 10 percent of the fee for the issuance of a license. An agent shall transmit monthly to the commissioner all license fees collected by the agent, less the authorized commission, together with a full accounting of the fees. The commissioner shall make monthly remittances of the fees collected to the proper state official. The commissioner is not liable for defalcation or failure to account for the fees collected by an agent, but the commissioner shall require a bond in the sum the commissioner considers adequate, conditioned upon the faithful accounting of money collected. (b) [Repealed, § 5 ch 21 SLA 1990.] (c) Forms and fees under (a) of this section shall be transmitted to the commissioner by the last day of the month following the month in which the fees are collected. The commissioner may grant an extension of not more than 30 days if the agent establishes that (1) failure to grant an extension would impose an excessive financial hardship on the agent; (2) the fees collected by the agent for the period, including the amount that the agent is authorized to retain, totals less than $1,000; and (3) the cumulative amount of fees due from the agent, including the fees due for the current period, does not exceed $1,000. (d) The commissioner may assess a penalty against an agent who does not transmit fees within the time allowed under (c) of this section. The penalty is equal to one and one-half percent of the amount of fees due. The penalty may be assessed for each month or portion of a month that the fees are delinquent. Sec. 16.05.475. Registration of fishing vessels. (a) A person may not employ a fishing vessel in the water of this state unless it is registered under the laws of the state. Vessels registered under the laws of another state, and persons residing in another state, are not excused from this provision. (b) The term “employ”, as used in this section, shall be defined by the Board of Fisheries through the adoption of regulations under AS 44.62 (Administrative Procedure Act). The definition may include any activities involving the use or navigation of fishing vessels. (c) The term “registered under the laws of the state”, as used in this section, shall be defined by the Board of Fisheries through the adoption of regulations under AS 44.62 (Administrative Procedure Act). The definition may include any existing requirements regarding registration, licenses, permits, and similar matters imposed by law or regulation together with modifications of them and with any additional requirements the board finds necessary to maximize the authority of the state to apply and enforce fisheries regulations under 16 U.S.C. 1801-1882 (Magnuson-Stevens Fishery Conservation and Management Act of 1976 (P.L. 94-265, 90 Stat. 331)). (d) In this section “fishing vessel” means any vessel, boat, ship, or other craft that is used for, equipped to be used for, or of a type which is normally used for (1) fishing, or (2) aiding or assisting one or more vessels at sea in the performance of any activity relating to fishing, including, but not limited to, preparation, supply, storage, refrigeration, transportation, or processing. Sec. 16.05.480. Commercial fishing license; disclosure for child support purposes. (a) A person engaged in commercial fishing shall obtain a commercial fishing license and shall retain the license in possession and readily available for inspection during fishing operations. An entry permit or interim-use permit entitles the holder to participate as a gear operator in the fishery for which the permit is issued and to participate as a crewmember in any fishery. A crewmember fishing license is not transferable and entitles the holder to participate as a crewmember in any fishery. (b) A person applying for a commercial fishing license under this section shall provide the person's social security number. A person applying for a resident commercial fishing license under this section shall also provide proof of residence that the department requires by regulation. (c) [Repealed, § 12 ch 123 SLA 1978.] (d) Upon request, the department or the Alaska Commercial Fisheries Entry Commission shall provide a social security number provided by an applicant for a license under this section to the child support services agency created in AS 25.27.010 , or the child support agency of another state, for child support purposes authorized under law. (e) Except as provided under AS 16.05.470 and AS 23.35.060 , fees collected from the sale of crewmember fishing licenses under this section may be appropriated into the fish and game fund. (f) [Repealed, § 7 ch 27 SLA 2001.] (g) A resident engaged in commercial fishing who is 11 years of age or older and who does not hold an entry permit or an interim-use permit shall, except as provided in (i) of this section, pay a fee of $60 for an annual crewmember fishing license. A resident engaged in commercial fishing who is less than 11 years of age and who does not hold an entry permit or an interim-use permit shall pay an annual fee of $5. (h) A nonresident engaged in commercial fishing who is 11 years of age or older and who does not hold an entry permit or an interim-use permit shall, except as provided in (i) of this section, pay a base fee of $60 for an annual crewmember fishing license, plus an amount, established by the department by regulation, that is as close as is practicable to the maximum allowed by law. A nonresident engaged in commercial fishing who is less than 11 years of age and who does not hold an entry permit or an interim-use permit shall pay an annual base fee of $5 plus an amount, established by the department by regulation, that is as close as is practicable to the maximum allowed by law. (i) Notwithstanding (g) and (h) of this section, a resident or nonresident engaged in commercial fishing who does not hold an entry permit or an interim-use permit may obtain one seven-day crewmember fishing license under this subsection annually. A person who obtains a seven-day license is not eligible for another seven-day license in the same license year; however, if a person who obtains a seven-day license pays the full fee for an annual crewmember fishing license under (g) or (h) of this section during the same license year, the person is entitled to receive a refund of the fee for the seven-day license. The department shall adopt regulations establishing a refund procedure. During the period for which the seven-day license is valid, a person who holds a seven-day license may not engage in fishing with a rod and reel while present on a commercial fishing vessel. The fee for a seven-day license is $30. (j) In this section, “commercial fishing license” includes an entry permit and an interim-use permit issued under AS 16.43 and a crewmember fishing license. Sec. 16.05.490. Vessel license. (a) As a condition to delivery or landing of fish or engaging in commercial fishing in the state, a license is required for a commercial vessel. (b) [Repealed, § 19 ch 105 SLA 1977.] (c) [Repealed, § 19 ch 105 SLA 1977.] (d) [Repealed, § 19 ch 105 SLA 1977.] (e) [Repealed, § 19 ch 105 SLA 1977.] Sec. 16.05.495. Vessel license exemption. A vessel used exclusively for the commercial capture of salmon in commercial salmon administrative management areas that include state water between the latitude of Point Romanof and the latitude of Cape Newenham, and state water surrounding Nunivak Island, or at a set net site, is exempt from the licensing requirements of AS 16.05.490 . Sec. 16.05.500. Revocation of vessel license. [Repealed, § 19 ch 105 SLA 1977.] Sec. 16.05.510. Unlicensed vessel unlawful. A person may not operate a vessel to which AS 16.05.490 — 16.05.530 apply without a vessel license, whether the absence of a vessel license results from initial failure to purchase or from another reason. Sec. 16.05.520. Number plate. (a) The vessel license includes a permanent number plate. The number plate shall be accompanied by a tab affixed to the number plate designating the year to be fished. A number plate is not transferable, and the number plate shall be considered a permanent fixture upon the vessel upon which the number plate is originally placed. The number plate shall be securely fastened well forward on the port side in plain sight. On a vessel with a superstructure, the number plate shall be fastened on the port side of the superstructure. A number plate remains the property of the state. The Alaska Commercial Fisheries Entry Commission may establish by regulation a reasonable fee for the initial issuance of a permanent number plate. If a permanent number plate is accidentally defaced, mutilated, destroyed, or lost, the person owning or operating the vessel shall immediately apply for and may obtain a duplicate upon furnishing the Alaska Commercial Fisheries Entry Commission with the pertinent facts and a payment of a reasonable fee established by the commission by regulation that is not less than $2. (b) If a vessel carrying a number plate is lost, destroyed, or sold, the owner shall immediately report the loss, destruction, or sale to the Alaska Commercial Fisheries Entry Commission. Sec. 16.05.530. Renewal of vessel license. (a) Upon payment of the vessel license fee and filing of the name and address of the owner of the vessel or the owner's authorized agent, the name and number of the vessel, a description of the vessel, the vessel license number, if any, the area to be fished, and other reasonable information required by the Alaska Commercial Fisheries Entry Commission, the commission shall issue a permanent number plate and a vessel license.

If the vessel has a permanent number plate, the commission shall issue a vessel license and tab designating the year the license is valid. The tab shall be placed in the space provided on the permanent number plate. (b) For calendar year 2006 and following years, the annual fee for a vessel license issued or renewed under this section is set according to the overall length, as defined by the United States Coast Guard, of the vessel under the following schedule: (1) 0 — 25 feet ..... $24 (2) over 25 feet — 50 feet ..... 60 (3) over 50 feet — 75 feet ..... 120 (4) over 75 feet — 100 feet ..... 225 (5) over 100 feet — 125 feet ..... 300 (6) over 125 feet — 150 feet ..... 375 (7) over 150 feet — 175 feet ..... 450 (8) over 175 feet — 200 feet ..... 525 (9) over 200 feet — 225 feet ..... 600 (10) over 225 feet — 250 feet ..... 675 (11) over 250 feet — 275 feet ..... 750 (12) over 275 feet — 300 feet ..... 825 (13) over 300 feet ..... 900. Sec. 16.05.536. Persons eligible for gear licenses. [Repealed, § 12 ch 71 SLA 1972.] Secs. 16.05.540 — 16.05.610. Limitation on issuance of fishing gear licenses; issuance of licenses for various types of fishing gear. [Repealed, § 19 ch 105 SLA 1977.] Sec. 16.05.620. Otter trawl license. [Repealed, § 2 ch 159 SLA 1968.] Sec. 16.05.630. Shellfish pot license. [Repealed, § 19 ch 105 SLA 1977.] Sec. 16.05.632. Identification of shellfish pots or buoys, or both, used in the taking of king crab and requirements for buoys. (a) Registration tags for the identification of shellfish pots or buoys, or both, used in the taking of king crab are required in areas in which the board has regulations limiting the total amount of shellfish pots allowed per vessel. Registration tags shall (1) be issued by the department under regulations adopted by the board; (2) be nontransferable; (3) be individually numbered, designating the year of issuance; (4) be permanently affixed to each shellfish pot or buoy, or both, used in the taking of king crab, whichever in the determination of the board is appropriate for identification, and in a manner determined to be appropriate by the board; (5) conform to other requirements determined to be appropriate by the board; and (6) be issued and renewed for a fee equal to the cost of obtaining the registration tags plus reasonable administrative costs, under procedures determined to be appropriate by the department. (b) The unauthorized production, reproduction, sale, exchange, distribution, or use of registration tags required in (a) of this section is prohibited. (c) In addition to meeting other requirements imposed by law, each shellfish pot used in the taking of king crab shall be connected to one durable “sea lion” buoy of an appropriate type and diameter as specified by the board. The buoy shall conform to other specifications determined to be appropriate by the board. (d) [Repealed, § 61 ch 50 SLA 1989.] (e) In this section, (1) “board” means the Board of Fisheries; (2) “registration tags” means any tag, tape, or other identification device or method determined to be appropriate by the board. Secs. 16.05.640 — 16.05.650. Clam digger's license; licensing of small commercial operations. [Repealed, § 19 ch 105 SLA 1977.] Sec. 16.05.660. License exemption. A person may, by complying with the $5 license requirement of AS 16.05.340 (a)(6), take not more than 2,000 pounds each of tom cod, blue cod, smelt, pickerel, white fish, and spider crab a year from waters of the state. Sec. 16.05.662. Fishing derbies. (a) The commissioner may issue without cost a permit to a fishing derby association that has complied with the provisions of AS 05.15.100 — 05.15.180 to sell or offer for sale sport caught fish obtained as a direct result of a fishing derby. (b) In this section “fishing derby association” means a civic, service, or charitable organization in the state, not for pecuniary profit, whose primary purpose is to promote interest in fishing for recreational purposes and which has been in existence for five years before applying for a permit under (a) of this section, but does not include an organization formed or operated for gaming or gambling purposes. Sec. 16.05.665. Falsification of application for license. (a) A person who knowingly makes a false statement as to a material fact on an application for a license under AS 16.05.440 — 16.05.660 is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than $1,000, or by imprisonment for not more than six months, or by both. (b) A license issued under AS 16.05.440 — 16.05.660 to a person convicted under (a) of this section is void. (c) A person whose license is void under (a) and (b) of this section may not obtain another license of the same type for a period of not less than two nor more than three years from the date of conviction by the court. Sec. 16.05.670. Fishing gear license in general. [Repealed, § 19 ch 105 SLA 1977.] Sec. 16.05.671. Transportation and sale of certain fish by an agent of the fisherman who caught the fish. (a) A person may transport and sell commercially taken fish as the agent of the commercial fisherman who caught the fish if the person holds a fish transporter permit issued by the commissioner under this section. (b) The commissioner may issue a fish transporter permit to a natural person. A fish transporter permit authorizes the permittee to transport and sell commercially taken fish as the agent of the commercial fisherman who caught the fish. A fish transporter may not buy or process fish received for transport unless the fish transporter also holds the appropriate licenses, permits, and other authorizations required to buy or process fish. (c) A person who applies for a fish transporter permit under this section shall provide the person's social security number to the department. Upon request of the child support services agency created in AS 25.27.010 , or a child support agency of another state, the department shall provide a social security number provided by an applicant for a fish transporter permit under this section to that agency for child support purposes authorized under law. (d) A commercial fisherman may authorize a fish transporter to transport and sell fish on behalf of the fisherman as the agent of the fisherman. The fish transporter shall complete a fish ticket in accordance with procedures prescribed by the department for each fisherman who transfers fish to the fish transporter. The fish ticket must accompany the fish transferred to the fish transporter while the fish are in possession of the fish transporter. The fish transporter shall present the fish ticket for inspection upon request by a peace officer or representative of the commissioner. The fish transporter shall present the fish ticket to the buyer of the fish at the time of sale. The buyer of the fish shall complete the fish ticket by inserting the buyer's information as required by the department, including the weight or count of fish purchased. The buyer shall return a copy of the fish ticket to the commercial fisherman on whose behalf the fish are sold. (e) A commercial fisherman who transfers fish to a fish transporter to transport and sell fish on behalf of the fisherman shall provide the fish transporter with all required information that the fisherman would have to provide to the buyer of the fish if the fisherman were to personally sell the fish to the buyer. The fish transporter who sells fish as the agent of a commercial fisherman shall provide all information to the buyer of the fish that the commercial fisherman would have to provide to the buyer if the fisherman were to personally sell the fish. (f) A commercial fisherman may also hold a fish transporter permit. A commercial fisherman who holds a fish transporter permit may simultaneously transport or sell fish that the fisherman caught as well as fish caught by other commercial fishermen. A commercial fisherman who is simultaneously operating as a fish transporter shall physically possess (1) the fish ticket completed under (d) of this section for the fish being transported or sold on behalf of another fisherman; and (2) other documentation that may be prescribed by the commissioner by regulation. (g) The commissioner may adopt regulations the commissioner considers necessary to implement this section. The regulations may not conflict with regulations or management plans adopted by the Board of Fisheries. The regulations may include (1) criteria for determining areas or fisheries for which transporter permits may not be issued because (A) fish transporter operations may alter harvest rates for the area or fishery to the extent that conservation of the resource is jeopardized, may significantly impair the ability of the department to accurately determine catch or effort levels, or may interfere with fishery management, allocation, or enforcement matters; (B) a fishery is managed through allocations of the harvest to individuals, such as trip limits or quota shares; or (C) combining of catches by multiple fishermen on a vessel may impair the ability of the department to accurately determine the incidental catch by each fisherman; (2) requirements for timely and accurate reporting and record keeping; or (3) procedures to maintain quality of harvested resources. (h) Fish transferred to the possession of a fish transporter under the authority of this section are property of the fisherman who caught the fish until the fish are sold to a buyer by the fish transporter on behalf of the fisherman. (i) In this section, “fish” means fish legally harvested and retained in salmon, herring, or Pacific cod fisheries. Sec. 16.05.675. Landing permits. (a) A person who does not hold a limited entry permit or interim-use permit issued under AS 16.43 or a fish transporter permit issued under AS 16.05.671 may not deliver or land fish in the state unless the person (1) holds a valid federal permit to operate commercial fishing gear in the fishery conservation zone; and (2) has been issued a landing permit by the Alaska Commercial Fisheries Entry Commission. (b) The commissioner may by regulation establish eligibility requirements for the issuance of a landing permit. (c) The commissioner may authorize the Alaska Commercial Fisheries Entry Commission to issue landing permits for a fishery if the commissioner has made a written finding that the issuance of landing permits for that fishery is consistent with state resource conservation and management goals. Sec. 16.05.680. Unlawful practices. (a) It is unlawful for a person, or an agent or representative of the person, (1) to employ, in the harvesting, transporting, or purchasing of fish, a fisherman who neither is licensed under AS 16.05.480 nor is the holder of a permit issued under AS 16.43 ; (2) to purchase fish from a person who is not (A) the holder of a limited entry, interim-use, or landing permit issued under AS 16.43 ; (B) a fish transporter who is selling the fish as the agent of the holder of a limited entry, interim-use, or landing permit issued under AS 16.43 ; or (C) exempt under AS 16.05.660 ; or (3) to purchase fish from an association other than one to which a permit has been issued under AS 16.05.662 . (b) A person may not sell salmon that was not harvested under the authority of the entry permit, interim-use permit, or landing permit under which the salmon is sold. For purposes of this subsection, salmon sold by a fish transporter on behalf of the commercial fisherman who harvested the salmon is salmon harvested under the authority of the limited entry, interim-use, or landing permit under which the salmon is sold. Sec. 16.05.685. Processing on commercial king crab fishing vessels. (a) Crab of any species may not be processed on a commercial crab fishing vessel unless (1) the vessel remains within one registration area from the time the crab is caught to the time of dock delivery; (2) the operator of the vessel notifies the department of proposed changes in location before moving to another registration area; and (3) the operator of the vessel provides quarters for inspectors of the department who may inspect the crab catch on the vessel at any time. (b) The restrictions set out in (a) of this section do not apply to processing aboard the fishing vessel for and as donations to charity, for consumption aboard the vessel, or for dockside retail sales from the vessel. (c) In this section, (1) “process” means to butcher, cook, chill, or freeze crab for commercial use; (2) “registration area” means a specific king crab registration area as designated by regulation of the Board of Fisheries. Sec. 16.05.690. Record of purchases. (a) Each buyer of fish shall keep a record of each purchase showing the name or number of the vessel from which the catch involved is taken, the date of landing, vessel license number, pounds purchased of each species, number of each species, and the Department of Fish and Game statistical area in which the fish were taken, and other information the department requires. Records may be kept on forms provided by the department. Each person charged with keeping the records shall report them to the department in accordance with regulations adopted by the department. (b) A person may not knowingly enter false information on a fish ticket or supply false information to a person who is recording information on a fish ticket. (c) [Repealed, § 1 ch 13 SLA 1997.] Sec. 16.05.700. Penalty for violation of AS 16.05.680 and 16.05.690. [Repealed, § 25 ch 127 SLA 1974.] Sec. 16.05.710. Suspension of commercial license and entry permit. (a) Upon the conviction of a person for a misdemeanor or felony violation of a commercial fishing law of this state, in a fishery other than a commercial salmon fishery, the court, in addition to other penalties imposed by law, (1) may suspend one or more of the person's commercial fishing privileges and licenses for a period of not more than one year if the conviction is the person's first or second misdemeanor or felony conviction within a 10-year period for violating a commercial fishing law of this state, in a fishery other than a commercial salmon fishery, or another jurisdiction; or (2) shall suspend one or more of the person's commercial fishing privileges and licenses for a period of not more than three years if the conviction is the person's third or subsequent misdemeanor or felony conviction within a 10-year period for violating a commercial fishing law of this state, in a fishery other than a commercial salmon fishery, or another jurisdiction. (b) Upon a first conviction of a person for a violation of AS 11.46.120 — 11.46.130 in which the property is commercial fishing gear as defined in AS 16.43.990 , the court shall, in addition to the penalty imposed by law, suspend one or more of the person's commercial fishing privileges and licenses for one year. Upon a second or subsequent conviction for a violation of AS 11.46.120 — 11.46.130 or a similar law of another jurisdiction in which the property is commercial fishing gear as defined in AS 16.43.990 , the court shall, in addition to the penalty imposed by law, suspend one or more of the person's commercial fishing privileges and licenses for two years. (c) If proceedings in which commercial fishing privileges or licenses may be suspended under this section are pending against a limited entry permit holder, the permit holder's limited entry permit may not be permanently transferred, unless allowed by order of the court in which the proceedings are pending, and a permanent transfer of the permit, unless allowed by order of the court, is void. During the period for which a limited entry permit or the permit holder's right to obtain a limited entry permit or to engage in an activity for which a limited entry permit is required is suspended under this section, a permit card may not be issued to the permit holder and the permit holder's permit may not be transferred or sold. (d) In this section, (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, or use of fishing vessels, sites, and gear; time, place, or manner of taking fishery resources; possession, transportation, sale, barter, or waste of fishery resources; or other aspects of commercial fishing; (2) “commercial fishing license” means a limited entry permit or a crew member license; (3) “commercial fishing privilege” means the privilege of participating in an activity for which a commercial fishing license is required and the privilege of obtaining a commercial fishing license; (4) “limited entry permit” means an entry permit or an interim-use permit issued under AS 16.43 . Sec. 16.05.720. Penalties. [Repealed, § 5 ch 46 SLA 1988.] Sec. 16.05.722. Strict liability commercial fishing penalties. (a) A person who without any culpable mental state violates AS 16.05.440 — 16.05.690, or a regulation of the Board of Fisheries or the department governing commercial fishing, is guilty of a violation and upon conviction is punishable by a fine of not more than (1) $3,000 for a first conviction; (2) $6,000 for a second conviction or for a subsequent conviction not described in (3) of this subsection; and (3) $9,000 for a third or subsequent conviction within a 10-year period. (b) In addition, the court shall order forfeiture of any fish, or its fair market value, taken or retained as a result of the commission of the violation. For purposes of this subsection, it is a rebuttable presumption that all fish found on board a fishing vessel used in or in aid of a violation, or found at the fishing site, were taken or retained in violation of AS 16.05.440 — 16.05.690 or a commercial fisheries regulation of the Board of Fisheries or the department. It is the defendant's burden to show by a preponderance of the evidence that fish on board or at the site were lawfully taken and retained. (c) A person charged with a violation under this section is entitled to a trial by court but not by jury, and is not entitled to representation at public expense. Sec. 16.05.723. Misdemeanor commercial fishing penalties. (a) A person who negligently violates AS 16.05.440 — 16.05.690, or a regulation of the Board of Fisheries or the department governing commercial fishing, is guilty of a misdemeanor and in addition to punishment under other provisions in this title, including AS 16.05.195 and 16.05.710, is punishable upon conviction by a fine of not more than $15,000 or by imprisonment for not more than one year, or by both. In addition, the court shall order forfeiture of any fish, or its fair market value, taken or retained as a result of the commission of the violation, and the court may forfeit any vessel and any fishing gear, including any net, pot, tackle, or other device designed or employed to take fish commercially, that was used in or in aid of the violation. Any fish, or its fair market value, forfeited under this subsection may not also be forfeited under AS 16.05.195 . For purposes of this subsection, it is a rebuttable presumption that all fish found on board a fishing vessel used in or in aid of a violation, or found at the fishing site, were taken or retained in violation of AS 16.05.440 — 16.05.690 or a commercial fisheries regulation of the Board of Fisheries or the department, and it is the defendant's burden to show by a preponderance of the evidence that fish on board or at the site were lawfully taken and retained. (b) If a person is convicted under this section of one of the following offenses, then, in addition to the penalties imposed under (a) of this section, the court may impose a fine equal to the gross value of the fish found on board or at the fishing site at the time of the violation: (1) commercial fishing in closed waters; (2) commercial fishing during a closed period or season; (3) commercial fishing with unlawful gear, including a net, pot, tackle, or other device designed or employed to take fish commercially; or (4) commercial fishing without a limited entry permit holder on board if the holder is required by law or regulation to be present. (c) Upon a third misdemeanor conviction within a period of 10 years for an offense listed in (b) of this section or any combination of offenses listed in (b) of this section, the court shall impose, in addition to any penalties imposed under (a) of this section, a fine equal to three times the gross value of the fish found on board or at the fishing site at the time of the offense, or a fine equal to $10,000, whichever is greater. Article 5. Management of Fish and Fisheries. Sec. 16.05.730. Management of wild and enhanced stocks of fish. (a) Fish stocks in the state shall be managed consistent with sustained yield of wild fish stocks and may be managed consistent with sustained yield of enhanced fish stocks. (b) In allocating enhanced fish stocks, the board shall consider the need of fish enhancement projects to obtain brood stock. The board may direct the department to manage fisheries in the state to achieve an adequate return of fish from enhanced stocks to enhancement projects for brood stock; however, management to achieve an adequate return of fish to enhancement projects for brood stock shall be consistent with sustained yield of wild fish stocks. (c) The board may (1) consider the need of enhancement projects authorized under AS 16.10.400 and contractors who operate state-owned enhancement projects under AS 16.10.480 to harvest and sell fish produced by the enhancement project that are not needed for brood stock to obtain funds for the purposes allowed under AS 16.10.450 or 16.10.480(d); (2) consider the need of projects authorized under AS 16.12.010 to harvest and sell shellfish that are not needed for brood stock to obtain funds for the purposes allowed under AS 16.12.080 ; (3) exercise its authority under this title as it considers necessary to direct the department to provide a reasonable harvest of fish, in addition to the fish needed for brood stock, to an enhancement project to obtain funds for the enhancement project if the harvest is consistent with sustained yield of wild fish stocks; and (4) adopt a fishery management plan to provide fish to an enhancement project to obtain funds for the purposes allowed under AS 16.10.450 , 16.10.480(d), or AS 16.12.080 . (d) In this section, “enhancement project” means a project, facility, or hatchery for the enhancement of fishery resources of the state for which the department has issued a permit. Sec. 16.05.733. Fish health inspections. Fish health inspections determined to be necessary by the department shall be performed by a professional fish health specialist certified by the fish health section of the American Fisheries Society. Sec. 16.05.735. Management of offshore fisheries. The state may assume management of a fishery in offshore water adjacent to the state in the absence of a federal fishery management plan for the fishery or in the event that a federal fishery management plan for the fishery delegates authority to the state to manage the fishery in the United States exclusive economic zone. Article 6. Miscellaneous Provisions. Sec. 16.05.780. Taking of antlerless moose prohibited. (a) The taking of antlerless moose in any game management unit or subunit or a portion of a unit or subunit is prohibited except that antlerless moose may be taken only under regulations adopted under (b) of this section after (1) the department recommends the season be opened in that year, based on biological evidence, and (2) a majority of active local advisory committees for that unit or subunit have recommended an opening for that year, after each has taken a vote and a majority of the members of those committees have voted in the affirmative. (b) Pursuant to (a) of this section the board, in its regularly scheduled annual game board meeting, may adopt regulations for the taking of antlerless moose in any game management unit or subunit in any year. Sec. 16.05.782. Taking of brown or grizzly bear near solid waste disposal facility prohibited. (a) Except as provided in (d) of this section, a person who with criminal negligence takes a brown or grizzly bear within one-half mile of a solid waste disposal facility is guilty of a class A misdemeanor. (b) In addition to the penalty imposed by law under (a) of this section, the court shall order forfeiture of the hide and skull of the bear, but if the hide and skull are not salvaged and delivered to the department then the court shall impose an additional fine of up to $10,000. (c) It is an affirmative defense to a prosecution under (a) of this section that the person took the bear in defense of life or property if the person who took the bear shows by a preponderance of the evidence that (1) the necessity for the taking was not brought about by harassment or provocation of the bear by the person who took the bear; (2) the necessity for the taking was not brought about by the negligent disposal of garbage or the creation of a similar attractive nuisance by the person who took the bear; and (3) the person exhausted all other practicable means to protect life and property before the bear was taken. (d) Notwithstanding (a) — (c) of this section, the department may authorize the taking of a problem brown or grizzly bear within one-half mile of a solid waste disposal facility at any time, if the taking of the bear is necessary to protect the public and is consistent with sound game management principles. (e) In this section (1) “criminal negligence” has the meaning given in AS 11.81.900 (a); (2) “property” means (A) a dwelling, permanent or temporary; (B) an aircraft, boat, automobile, or other conveyance; (C) a domestic animal; (D) other property of substantial value necessary for the livelihood or survival of the owner; (3) “solid waste disposal facility” means a facility for the disposal of solid waste, other than sewage, for which a prior authorization has been issued under AS 46.03.100 . Sec. 16.05.783. Same day airborne hunting. (a) A person may not shoot or assist in shooting a free-ranging wolf or wolverine the same day that a person has been airborne. However, the Board of Game may authorize a predator control program as part of a game management plan that involves airborne or same day airborne shooting if the board has determined based on information provided by the department (1) in regard to an identified big game prey population under AS 16.05.255 (g) that objectives set by the board for the population have not been achieved and that predation is an important cause for the failure to achieve the objectives set by the board, and that a reduction of predation can reasonably be expected to aid in the achievement of the objectives; or (2) that a disease or parasite of a predator population (A) is threatening the normal biological condition of the predator population; or (B) if left untreated, would spread to other populations. (b) This section does not apply to (1) a person who was airborne the same day if that person was airborne only on a regularly scheduled commercial flight; or (2) an employee of the department who, as part of a game management program, is authorized to shoot or to assist in shooting wolf, wolverine, fox, or lynx on the same day that the employee has been airborne. (c) A person who violates this section 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. In addition, the court may order the aircraft and equipment used in or in aid of a violation of this section to be forfeited to the state. (d) When the Board of Game authorizes a predator control program that includes airborne or same day airborne shooting, the board shall have the prerogative to establish predator reduction objectives and limits, methods and means to be employed, who is authorized to participate in the program, and the conditions for participation of individuals in the program. (e) The use of state employees or state owned or chartered equipment, including helicopters, in a predator control program is prohibited without the approval of the commissioner. (f) In this section, (1) “free-ranging” means that the animal is wild and not caught in a trap or snare; and (2) “game management program” means a program authorized by the Board of Game or the commissioner to achieve identified game management objectives in a designated geographic area. Sec. 16.05.785. Effect of failure to remove old markers. If the Board of Fisheries by regulation uses department markers to establish waters closed to commercial fishing and the state fails to remove the old markers when new markers are posted to establish waters closed to commercial fishing, commercial fishing is expressly permitted in the waters between the new markers and the old markers until the old markers are removed. Secs. 16.05.786 , 16.05.787. Duty of big game transporters to report violations; registration of big game hunting base camps, cabins, and lodges. [Repealed, § 18 ch 37 SLA 1989.] Sec. 16.05.788. Examination fee. [Repealed, § 24 ch 32 SLA 1971.] Sec. 16.05.789. Prohibition on hunting adjacent to highway between Yukon River and Arctic Ocean. (a) Hunting with firearms is prohibited north of the Yukon River in the area within five miles on either side of the highway between the Yukon River and the Arctic Ocean. (b) A person who violates this section is guilty of a class A misdemeanor. Sec. 16.05.790. Obstruction or hindrance of lawful hunting, fishing, trapping, or viewing of fish or game. (a) Except as provided in (e) of this section, a person may not intentionally obstruct or hinder another person's lawful hunting, fishing, trapping, or viewing of fish or game by (1) placing one's self in a location in which human presence may alter the (A) behavior of the fish or game that another person is attempting to take or view; or (B) feasibility of taking or viewing fish or game by another person; or (2) creating a visual, aural, olfactory, or physical stimulus in order to alter the behavior of the fish or game that another person is attempting to take or view. (b) Notwithstanding AS 12.25 , only a peace officer may arrest a person for violating this section. A peace officer who has probable cause to believe that a person has violated this section may arrest or cite the person or order the person to desist. (c) In a prosecution under this section, it is an affirmative defense that the person was lawfully entitled to obstruct or hinder the hunting, fishing, trapping, or viewing of fish or game. (d) This section does not apply to (1) lawful competitive practices among persons engaged in lawful hunting, fishing, or trapping; (2) actions taken on private property with the consent of the owner; or (3) the obstruction or hindrance of the viewing of fish or game by a person actively engaged in lawful fishing, hunting, or trapping. (e) A person who violates this section is guilty of a misdemeanor and is punishable by a fine of not more than $500 or imprisonment for not more than 30 days, or both. (f) For purposes of (a) of this section, “lawful” means (1) in compliance with (A) this title, regulations adopted under this title, or applicable federal statutes and regulations; (B) the Marine Mammal Protection Act (P.L. 92-522) or the Endangered Species Act (P.L. 93-205); or (C) federal regulations adopted under 16 U.S.C. 3111 — 3126 relating to subsistence hunting, fishing, or trapping on federal land; and (2) with the permission of the private landowner if the hunting, fishing, trapping, or viewing of fish or game occurs on private land. Sec. 16.05.791. Civil remedies for violation of AS 16.05.790 . (a) A person aggrieved by conduct or threatened conduct in violation of AS 16.05.790 may petition a superior court to enjoin the respondent from engaging in the conduct. (b) A person aggrieved by a violation of AS 16.05.790 is entitled to recover general damages and special damages, including license and permit fees, travel costs, guide-outfitting fees, costs for special equipment and supplies, and other related expenses. (c) A court may award punitive damages in addition to the damages set out in (b) of this section. Sec. 16.05.792. Qualifications of Master Guides. [Repealed, § 2 ch 32 SLA 1968. For current law, see AS 08.54 .] Sec. 16.05.795. License not required. [Repealed, § 2 ch 32 SLA 1968. For current law, see AS 08.54 .] Sec. 16.05.796. Use of title. [Repealed, § 2 ch 32 SLA 1968. For current law, see AS 08.54 .] Sec. 16.05.797. Computer-assisted remote hunting prohibited. (a) A person may not engage in computer-assisted remote hunting or provide or operate a facility for computer-assisted remote hunting in the state. This subsection applies to any person engaged in computer-assisted remote hunting if the game or any device, equipment, or software used for computer-assisted remote hunting is located in the state. (b) This section does not apply to a person with physical disabilities using equipment or devices designed to assist with the disability while present in the field and meaningfully participating in the act of hunting under regulations adopted by the Board of Game. (c) In this section, (1) “computer-assisted remote hunting” means the use of a computer or any other device, equipment, or software to remotely control the aiming and discharge of a firearm, bow and arrow, or any other weapon used to hunt any game bird, game animal, or fur-bearing animal while not in the physical presence of the animal; (2) “facility” means real property and improvements on the real property associated with computer-assisted remote hunting. (d) A person who violates (a) of this section is, upon conviction, guilty of a class A misdemeanor. If a violation is continuing in nature, each day the violation continues constitutes a separate offense. Sec. 16.05.798. Master guides. [Repealed, § 2 ch 32 SLA 1968. For current law, see AS 08.54 .] Sec. 16.05.800. Public nuisances. A net, seine, lantern, snare, device, contrivance, and material while in use, had and maintained for the purpose of catching, taking, killing, attracting, or decoying fish or game, contrary to law or regulation of a board or the commissioner, is a public nuisance and is subject to abatement. Sec. 16.05.810. Burden of proof. The possession of fish or game or a part of fish or game, or a nest or egg of a bird during the time the taking of it is prohibited is prima facie evidence that it was taken, possessed, bought, or sold or transported in violation of this chapter. The burden of proof is upon the possessor or claimant of it to overcome the presumption of illegal possession and to establish the fact that it was obtained and is possessed lawfully. This section does not apply (1) during the first full 10 days after the time when a taking is prohibited, except as provided in (3) of this section; (2) if the fish or game or part of fish or game is in a preserved condition whether frozen, smoked, canned, salted, pickled, or otherwise preserved; or (3) with respect to crab aboard a commercial crab fishing vessel, during the first full three days after the time when a taking is prohibited. Sec. 16.05.815. Confidential nature of certain reports and records. (a) Except as provided in (b) and (c) of this section, records required by regulations of the department concerning the landings of fish, shellfish, or fishery products, and annual statistical reports of fishermen, buyers, and processors required by regulation of the department are confidential and may not be released by the department or by the Alaska Commercial Fisheries Entry Commission except as set out in this subsection. The department may release the records and reports set out in this subsection to the Alaska Commercial Fisheries Entry Commission. The department and the Alaska Commercial Fisheries Entry Commission may release the records and reports set out in this subsection to the recipients identified in this subsection if the recipient, other than a recipient under (6) — (10) of this subsection, agrees to maintain the confidentiality of the records and reports. The department and the Alaska Commercial Fisheries Entry Commission may release (1) any of the records and reports to the National Marine Fisheries Service and the professional staff of the North Pacific Fishery Management Council as required for preparation and implementation of the fishery management plans of the North Pacific Fishery Management Council within the exclusive economic zone; (2) any of the records and reports to the professional staff of the Pacific States Marine Fisheries Commission who are employed in the Alaska Fisheries Information Network project for the purpose of exchanging information with users authorized by the department; (3) any of the records and reports to the Department of Revenue to assist the department in carrying out its statutory responsibilities; (4) records or reports of the total value purchased by each buyer to a municipality that levies and collects a tax on fish, shellfish, or fishery products if the municipality requires records of the landings of fish, shellfish, or fishery products to be submitted to it for purposes of verification of taxes payable; (5) records or reports of guided sport fishing activities filed by a guide to a municipality that levies a tax on those activities if the (A) municipality requests the records for the purpose of verifying taxes payable; and (B) activities occurred within the four calendar years preceding the date of the request; (6) such records and reports as necessary to be in conformity with a court order; (7) on request, the report of a person to the person whose fishing activity is the subject of the report, or to a designee of the person whose fishing activity is the subject of the report; (8) on request, annual statistical reports of a fisherman, buyer, or processor to the fisherman, buyer, or processor whose activity is the subject of the report, or to a designee of the fisherman, buyer, or processor whose activity is the subject of the report; (9) any of the records and reports to the Department of Public Safety for law enforcement purposes; (10) fish tickets, fish ticket information, records required of sport fishing guides, and annual statistical reports of fishermen, buyers, and processors and information in those reports to the law enforcement personnel of the National Marine Fisheries Service and the National Oceanic and Atmospheric Administration for the purpose of enforcing fishery laws in waters of this state and in waters of the exclusive economic zone adjacent to this state; (11) fish tickets, fish ticket information, and records required of sport fishing guides regarding halibut to the International Pacific Halibut Commission; (12) any of the records and reports to the child support services agency created in AS 25.27.010 , or the child support enforcement agency of another state, for child support purposes authorized under law; (13) any of the records and reports to the Department of Natural Resources to assist the department in carrying out its statutory responsibilities in regard to sport fishing operations and sport fishing guides within the Kenai River Special Management Area under AS 41.21.500 — 41.21.514; and (14) fish ticket information and records or reports of the total value purchased by each fisherman, buyer, or processor to the National Marine Fisheries Service for the purpose of enforcing the industry fee system of a fishing capacity reduction program under 16 U.S.C. 1861a (Magnuson-Stevens Fishery Conservation and Management Act). (b) Except as provided in (c) of this section, records or reports received by the department which do not identify individual fishermen, buyers, or processors or the specific locations where fish have been taken are public information. (c) Crab stock abundance survey information that reveals crab catch by sampling location is confidential and is not subject to inspection or copying under AS 40.25.110 — 40.25.120 until the close of the fishing season for which the survey was conducted. (d) Except as otherwise provided in this section, the department shall keep confidential (1) personal information contained in fish and wildlife harvest and usage data; and (2) the records of the department that concern (A) telemetry radio frequencies of monitored species; (B) denning sites; (C) nest locations of raptors that require special attention; (D) the specific location of animal capture sites used for wildlife research or management; and (E) the specific location of fish and wildlife species. The department may release records and information that are kept confidential under this subsection if the release is necessary to comply with a court order, if the requester is a state or federal agency, if the requester is under contract with the state or federal agency to conduct research on a fish or wildlife population, or if the requester has been authorized by the department to perform specific activities and agrees to use the records and information only for purposes as provided under a contract or agreement with the department. After 25 years, the records and information that are kept confidential under this subsection become public records subject to inspection and copying under AS 40.25.110 — 40.25.140 unless the department determines that the release of the records or information may be detrimental to the fish or wildlife population. In this subsection, “personal information” has the meaning given in AS 40.25.350 . (e) The department may charge a municipality a fee, set by the department under AS 37.10.050 , to provide a record under (a)(5) of this section. Sec. 16.05.820. Research by the federal government. The Secretary of the Interior, the Secretary of Commerce, or the Secretary of Agriculture of the United States and their authorized agents or other appropriate federal agencies may conduct fish cultural operations and scientific investigations in the state in the manner and at the times jointly considered necessary or proper by the Board of Fisheries and the secretary and their authorized agents. Sec. 16.05.822. Transplanting of musk oxen. The board may transplant surplus musk oxen from Nunivak Island to appropriate areas on the mainland of the state, when good management practices dictate the action. The board shall determine which transplant sites are appropriate and whether a surplus of animals exists. Sec. 16.05.825. State upland game bird release program. (a) In addition to any other program for the stocking or propagation of game birds that the department has as of July 23, 1974, the department shall establish a special program for the raising, maintenance, and release of upland game birds in the state. Birds raised under this program may be released in an appropriate area of the state at any time, but may be harvested only during regular hunting seasons, as specified by the board under AS 16.05.255 (a)(2). The board shall adopt regulations necessary to implement this section. (b) The department shall establish an appropriate facility for the raising and maintenance of upland game birds to be located at an appropriate place, as determined by the commissioner, in interior Alaska. (c) The department shall employ a method of tagging game birds released under this section and compile harvest statistics. (d) In this section, “upland game bird” means a game bird for which a season is established under AS 16.05.255 (a)(2) as of July 23, 1974, excluding waterfowl. Sec. 16.05.826. Waterfowl conservation stamp program. (a) The waterfowl conservation tag authorized in AS 16.05.340 (a)(17) shall be produced annually in stamp form by the department in an amount the commissioner considers appropriate. The department shall make stamps available for the creation of waterfowl conservation limited edition prints and shall provide for the sale of stamps and prints to the public. (b) The department shall provide by appropriate means for the selection of the design of the annual waterfowl conservation stamp and for the production and sale of the stamps. (c) The department may contract to others the performance of the department's responsibilities under this section. Contracting under this subsection is governed by AS 36.30 (State Procurement Code), except that a contract may include provisions for advance payment or reimbursement for services performed under the contract. All costs incurred under this section may be paid from the fish and game fund. (d) [Repealed, § 28 ch 90 SLA 1991.] Sec. 16.05.827. Sale of subsistence salmon roe. [Repealed, § 4 ch 99 SLA 1975.] Sec. 16.05.830. Wanton waste. [Repealed, § 1 ch 73 SLA 1968.] Sec. 16.05.831. Waste of salmon. (a) A person may not waste salmon intentionally, knowingly, or with reckless disregard for the consequences. In this section, “waste” means the failure to utilize the majority of the carcass, excluding viscera and sex parts, of a salmon intended for (1) sale to a commercial buyer or processor; (2) consumption by humans or domesticated animals; or (3) scientific, educational, or display purposes. (b) The commissioner, upon request, may authorize other uses of salmon that would be consistent with maximum and wise use of the resource. (c) A person who violates this section or a regulation adopted under it is punishable by a fine of not more than $10,000, or by imprisonment for not more than six months, or by both. In addition, a person who violates this section is subject to a civil action by the state for the cost of replacing the salmon wasted. Sec. 16.05.835. Maximum length of salmon seine and certain hair crab vessels. (a) Unless the Board of Fisheries has provided by regulation for the use of a longer vessel in a salmon seine fishery, a salmon seine vessel may not be longer than 58 feet overall length except vessels that have fished for salmon with seines in waters of the state before January 1, 1962, as 50-foot, official Coast Guard register length vessels. (b) A vessel engaged in the Bering Sea hair crab fishery within five miles of the shore may not be longer than 58 feet overall length. (c) In this section, “overall length” means the straight line length between the extremities of the vessel excluding anchor rollers. Sec. 16.05.840. Fishway required. [Repealed, E.O. No. 107, § 44 (2003).] Article 7. Fishways and Hatcheries. Sec. 16.05.841. Fishway required. If the commissioner considers it necessary, every dam or other obstruction built by any person across a stream frequented by salmon or other fish shall be provided by that person with a durable and efficient fishway and a device for efficient passage for downstream migrants. The fishway or device or both shall be maintained in a practical and effective manner in the place, form, and capacity the commissioner approves for which plans and specifications shall be approved by the department upon application. The fishway or device shall be kept open, unobstructed, and supplied with a sufficient quantity of water to admit freely the passage of fish through it. Sec. 16.05.850. Hatchery required. [Repealed, E.O. No. 107, § 44 (2003).] Sec. 16.05.851. Hatchery required. If a fishway over a dam or obstruction is considered impracticable by the commissioner because of cost, the owner of the dam or obstruction, in order to compensate for the loss resulting from the dam or obstruction shall, at the owner's option (1) pay a lump sum acceptable to the commissioner to the state fish and game fund;

(2) convey to the state a site of a size satisfactory to the commissioner at a place mutually satisfactory to both parties, and erect on it a fish hatchery, rearing ponds, necessary buildings, and other facilities according to plans and specifications furnished by the commissioner, and give a good and sufficient bond to furnish water, lights, and necessary money to operate and maintain the hatchery and rearing ponds; or (3) enter into an agreement with the commissioner, secured by good and sufficient bond, to pay to the fish and game fund the initial amount of money and annual payments thereafter that the commissioner considers necessary to expand, maintain, and operate additional facilities at existing hatcheries within a reasonable distance of the dam or obstruction. Sec. 16.05.860. Penalty for violating fishway and hatchery requirements. [Repealed, E.O. No. 107, § 44 (2003).] Sec. 16.05.861. Penalty for violating fishway and hatchery requirements. (a) The owner of a dam or obstruction who fails to comply with AS 16.05.841 or 16.05.851 or a regulation adopted under AS 16.05.841 or 16.05.851 within a reasonable time specified by written notice from the commissioner is guilty of a misdemeanor, and is punishable by a fine of not more than $1,000. Each day the owner fails to comply constitutes a separate offense. (b) In addition to the fine, the dam or other obstruction managed, controlled, or owned by a person violating AS 16.05.841 or 16.05.851 or a regulation adopted under AS 16.05.841 or 16.05.851 is a public nuisance and is subject to abatement. Article 8. Protection of Waterways for Anadromous Fish. Sec. 16.05.865. [Renumbered as AS 16.05.822 .] Sec. 16.05.868. [Renumbered as AS 16.05.733 .] Sec. 16.05.870. Protection of fish and game. [Repealed, E.O. No. 107, § 44 (2003).] Sec. 16.05.871. Protection of fish and game. (a) The commissioner shall, in accordance with AS 44.62 (Administrative Procedure Act), specify the various rivers, lakes, and streams or parts of them that are important for the spawning, rearing, or migration of anadromous fish. (b) If a person or governmental agency desires to construct a hydraulic project, or use, divert, obstruct, pollute, or change the natural flow or bed of a specified river, lake, or stream, or to use wheeled, tracked, or excavating equipment or log-dragging equipment in the bed of a specified river, lake, or stream, the person or governmental agency shall notify the commissioner of this intention before the beginning of the construction or use. (c) The commissioner shall acknowledge receiving the notice by return first class mail. If the commissioner determines that the following information is required, the letter of acknowledgement shall require the person or governmental agency to submit to the commissioner: (1) full plans and specifications of the proposed construction or work; (2) complete plans and specifications for the proper protection of fish and game in connection with the construction or work, or in connection with the use; and (3) the approximate date the construction, work, or use will begin. (d) The commissioner shall approve the proposed construction, work, or use in writing unless the commissioner finds the plans and specifications insufficient for the proper protection of fish and game. Upon a finding that the plans and specifications are insufficient for the proper protection of fish and game, the commissioner shall notify the person or governmental agency that submitted the plans and specifications of that finding by first class mail. The person or governmental agency may, within 90 days of receiving the notice, initiate a hearing under AS 44.62.370 . The hearing is subject to AS 44.62.330 — 44.62.630. Sec. 16.05.880. Construction without approval prohibited. [Repealed, E.O. No. 107, § 44 (2003).] Sec. 16.05.881. Construction without approval prohibited. 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 first having obtained written approval of the commissioner as to the adequacy of the plans and specifications submitted for the protection of fish and game, the person or agency is guilty of a misdemeanor. If a person or governmental agency is convicted of violating AS 16.05.871 — 16.05.896 or continues a use, work, or project without fully complying with AS 16.05.871 — 16.05.896, the use, work, or project is a public nuisance and is subject to abatement. The cost of restoring a specified river, lake, or stream to its original condition shall be borne by the violator and shall be in addition to the penalty imposed by the court. Sec. 16.05.890. Exemption for emergency situations. [Repealed, E.O. No. 107, § 44 (2003).] Sec. 16.05.891. Exemption for emergency situations. 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 specifications as required by AS 16.05.871 . Sec. 16.05.895. Penalty for causing material damage. [Repealed, E.O. No. 107, § 44 (2003).] Sec. 16.05.896. Penalty for causing material damage. 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 and approved by the commissioner causes material damage to the spawning beds or prevents or interferes with the migration of anadromous fish, the person or governmental agency shall be guilty of a misdemeanor. Sec. 16.05.900. Penalty for violations of AS 16.05.870 — 16.05.895. [Repealed, E.O. No. 107, § 44 (2003).] Sec. 16.05.901. Penalty for violations of AS 16.05.871 — 16.05.896. (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. Article 9. General Provisions. Sec. 16.05.902. Personnel and equipment used in exploration work. Alaska residents and equipment shall be given preference in exploration work to be done by the department. Sec. 16.05.903. Big game photography contest. [Repealed, § 29 ch 132 SLA 1984.] Sec. 16.05.905. Activities by aliens prohibited. (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) of this section is guilty of a misdemeanor, and upon conviction is punishable by a confiscation and forfeiture of the fishing vessel used in the violation, or by imprisonment for not more than one year, or by fine of not more than $10,000, or by all or any two of the foregoing punishments. Sec. 16.05.910. Penalty. [Renumbered as AS 16.05.905 (b).] Sec. 16.05.920. Prohibited conduct generally. (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 nest or egg of fish or game. (b) A person may not knowingly disturb, injure, or destroy a notice, signboard, seal, tag, aircraft, boat, vessel, automobile, paraphernalia, equipment, building, or other improvement or property of the department used in the administration or enforcement of this title except AS 16.51 and AS 16.52 , or a poster or notice to the public concerning the provisions of this title except AS 16.51 and AS 16.52 , or a regulation adopted under this title except AS 16.51 and AS 16.52 , or a marker indicating the boundary of an area closed to hunting, trapping, fishing, or other special use under this title except AS 16.51 and AS 16.52 . A person may not knowingly destroy, remove, tamper with, or imitate a seal or tag issued or used by the department or attached under its authority to a skin, portion, or specimen of fish or game, or other article for the purpose of identification or authentication in accordance with this title except AS 16.51 and AS 16.52 or a regulation adopted under this title except AS 16.51 and AS 16.52 . Sec. 16.05.921. Venomous reptiles and insects or their eggs; prohibited conduct; permits. (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 does not apply to bees as defined in AS 03.47.040 . A person who violates this subsection is guilty of a misdemeanor and may be cited as set out in AS 16.05.165 . (b) A permit required under (a) of this section may be granted only if, in the determination of the commissioner, the applicant demonstrates a valid educational purpose for seeking the permit. A valid educational purpose includes display in educational institutions and in zoos. Sec. 16.05.925. Penalty for violations. (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 a penalty imposed under (a) of this section or any other penalty for violation of this title or a regulation adopted under this title, a person who is convicted of unlawfully taking an animal listed in this subsection may be ordered by the court to pay restitution to the state in the amount set out in this subsection for each animal unlawfully taken: (1) Bear, black ..... $ 600 (2) Bear, brown or grizzly ..... 1,300 (3) Bison ..... 1,300 (4) Caribou ..... 850 (5) Deer ..... 400 (6) Elk ..... 800 (7) Goat ..... 800 (8) Moose ..... 1,000 (9) Musk oxen ..... 3,000 (10) Sheep ..... 1,100 (11) Wolf ..... 500 (12) Wolverine ..... 500. Sec. 16.05.930. Exempted activities. (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 terms thereof. (b) This chapter does not prohibit a person from taking fish or game during the closed season, in case of dire emergency, as defined by regulation adopted by the appropriate board. (c) AS 16.05.920 and 16.05.921 do not prohibit rearing and sale of fish from private ponds, the raising of wild animals in captivity for food, or the raising of game birds for the purpose of recreational hunting on game hunting preserves, under regulations adopted by the appropriate board. In this subsection, “animals” includes all animal life, including insects and bugs. (d) Nondomestic animals of any species may not be transferred or transported from the state under (a) of this section unless approved by the Board of Game in regular or special meeting. Animals transferred or transported under (a) of this section shall be animals that are certified by the department to be surplus and unnecessary to the sustained yield management of the resource. Each application for a permit under (a) of this section shall be accompanied by a statement prepared by the department examining the probable environmental impact of the action. (e) This chapter does not prevent the traditional barter of fish and game taken by subsistence hunting or fishing, except that the commissioner may prohibit the barter of subsistence-taken fish and game by regulation, emergency or otherwise, if a determination on the record is made that the barter is resulting in a waste of the resource, damage to fish stocks or game populations, or circumvention of fish or game management programs. (f) A permit may not be required for possessing, importing, or exporting mink and fox for fur farming purposes. (g) AS 16.05.330 — 16.05.723 do not apply to an activity authorized by a permit issued under AS 16.40.100 or 16.40.120, or to a person or vessel employed in an activity authorized by a permit issued under AS 16.40.100 or 16.40.120. Sec. 16.05.935. Restrictions on cooperation with federal government. (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 boundaries of the state is an incident of state sovereignty, and that the federal government cannot commandeer the lawmaking processes of the states to compel the state to enact and enforce a federal regulatory program, an agency, employee, or agent of the state may not expend funds to adopt or enforce the implementation of the federal regulatory program or a part of the program for control of fish and game in the park and preserve or the navigable waters within or adjoining the park and preserve that is in conflict with a state statute or regulation regarding management of fish or game within the park or preserve. This subsection does not prohibit an agency, employee, or agent of the state from (1) taking action necessary to protect life or property; (2) commenting on proposed federal statutes or regulations; (3) collecting data relating to claims of economic harm arising from the closure of the park and preserve to commercial fishing; or (4) participating in or cooperating with a federal program established under 16 U.S.C. 703 — 712 (Migratory Bird Treaty Act); 16 U.S.C. 773 — 773k (Northern Pacific Halibut Act of 1982); 16 U.S.C. 1361 — 1421h (Marine Mammal Protection Act); 16 U.S.C. 1531 — 1544 (Endangered Species Act); 16 U.S.C. 1801 — 1883 (Magnuson-Stevens Fishery Conservation and Management Act); 16 U.S.C. 3631 — 3644 (Pacific Salmon Treaty Act of 1985). (b) Nothing in this title authorizes the department or a board to enter into an agreement with a department or agency of the federal government that cedes state authority for the management of fish or game in the state to the federal government. In this subsection, “management” means the regulation of the method, manner, means, time, or place of taking of fish or game or the regulation of the amount of fish or game that may be taken. Sec. 16.05.940. Definitions. 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 other fish or game or their parts; or (B) for other food or for nonedible items other than money if the exchange is of a limited and noncommercial nature; (3) “a board” means either the Board of Fisheries or the Board of Game; (4) “commercial fisherman” means an individual who fishes commercially for, takes, or attempts to take fish, shellfish, or other fishery resources of the state by any means, and includes every individual aboard a boat operated for fishing purposes who participates directly or indirectly in the taking of these raw fishery products, whether participation is on shares or as an employee or otherwise; however, this definition does not apply to anyone aboard a licensed vessel as a visitor or guest who does not directly or indirectly participate in the taking; “commercial fisherman” includes the crews of tenders or other floating craft used in transporting fish, but does not include processing workers on floating fish processing vessels who do not operate fishing gear or engage in activities related to navigation or operation of the vessel; in this paragraph “operate fishing gear” means to deploy or remove gear from state water, remove fish from gear during an open fishing season or period, or possess a gill net containing fish during an open fishing period; (5) “commercial fishing” means the taking, fishing for, or possession of fish, shellfish, or other fishery resources with the intent of disposing of them for profit, or by sale, barter, trade, or in commercial channels; the failure to have a valid subsistence permit in possession, if required by statute or regulation, is considered prima facie evidence of commercial fishing if commercial fishing gear as specified by regulation is involved in the taking, fishing for, or possession of fish, shellfish, or other fish resources; (6) “commissioner” means the commissioner of fish and game unless specifically provided otherwise; (7) “customary and traditional” means the noncommercial, long-term, and consistent taking of, use of, and reliance upon fish or game in a specific area and the use patterns of that fish or game that have been established over a reasonable period of time taking into consideration the availability of the fish or game; (8) “customary trade” means the limited noncommercial exchange, for minimal amounts of cash, as restricted by the appropriate board, of fish or game resources; the terms of this paragraph do not restrict money sales of furs and furbearers; (9) “department” means the Department of Fish and Game unless specifically provided otherwise; (10) “domestic mammals” include musk oxen, bison, and reindeer, if they are lawfully owned; (11) “domicile” means the true and permanent home of a person from which the person has no present intention of moving and to which the person intends to return whenever the person is away; domicile may be proved by presenting evidence acceptable to the boards of fisheries and game; (12) “fish” means any species of aquatic finfish, invertebrate, or amphibian, in any stage of its life cycle, found in or introduced into the state, and includes any part of such aquatic finfish, invertebrate, or amphibian; (13) “fish derby” means a contest in which prizes are awarded for catching fish; (14) “fish or game farming” means the business of propagating, breeding, raising, or producing fish or game in captivity for the purpose of marketing the fish or game or their products, and “captivity” means having the fish or game under positive control, as in a pen, pond, or an area of land or water that is completely enclosed by a generally escape-proof barrier; in this paragraph, “fish” does not include shellfish, as defined in AS 16.40.199 ; (15) “fish stock” means a species, subspecies, geographic grouping, or other category of fish manageable as a unit; (16) “fish transporter” means a natural person who holds a fish transporter permit issued under AS 16.05.671 ; (17) “fishery” means a specific administrative area in which a specific fishery resource is taken with a specific type of gear; however, the Board of Fisheries may designate a fishery to include more than one specific administrative area, type of gear, or fishery resource; in this paragraph (A) “gear” means the specific apparatus used in the harvest of a fishery resource; and (B) “type of gear” means an identifiable classification of gear and may include (i) classifications for which separate regulations are adopted by the Board of Fisheries or for which separate gear licenses were required by former AS 16.05.550 — 16.05.630; and (ii) distinct subclassifications of gear such as “power” troll gear and “hand” troll gear or sport gear and guided sport gear; (18) “fur dealing” means engaging in the business of buying, selling, or trading in animal skins, but does not include the sale of animal skins by a trapper or hunter who has legally taken the animal, or the purchase of animal skins by a person, other than a fur dealer, for the person's own use; (19) “game” means any species of bird, reptile, and mammal, including a feral domestic animal, found or introduced in the state, except domestic birds and mammals; and game may be classified by regulation as big game, small game, fur bearers or other categories considered essential for carrying out the intention and purposes of AS 16.05 — AS 16.40 ; (20) “game population” means a group of game animals of a single species or subgroup manageable as a unit; (21) “hunting” means the taking of game under AS 16.05 — AS 16.40 and the regulations adopted under those chapters; (22) “nonresident” means a person who is not a resident of the state; (23) “nonresident alien” means a person who is not a citizen of the United States and whose permanent place of abode is not in the United States; (24) “operator” means the individual by law made responsible for the operation of the vessel; (25) “person with developmental disabilities” means a person who presents to the department an affidavit signed by a physician licensed to practice medicine in the state stating that the person is experiencing a severe, chronic disability (A) attributable to a mental or physical impairment or a combination of mental and physical impairments; (B) that is manifested before the person reaches 18 years of age; (C) that is likely to continue indefinitely; (D) that results in substantial functional limitations in three or more of the following areas of major life activity: self-care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living, and economic self-sufficiency; (E) that reflects the person's need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services that are of lifelong or extended duration and are individually planned and coordinated; (F) and that the person is not a danger to themselves or others; and (G) and that the person does not suffer from a mental illness; in this subparagraph, “mental illness” means an organic, mental, or emotional impairment that has substantial adverse effects on a person's ability to exercise conscious control of the person's actions or ability to perceive reality or to reason or understand. (26) “person with physical disabilities” means a person who presents to the department either written proof that the person receives at least 70 percent disability compensation from a government agency for a physical disability or an affidavit signed by a physician licensed to practice medicine in the state stating that the person is at least 70 percent physically disabled; (27) “personal use fishing” means the taking, fishing for, or possession of finfish, shellfish, or other fishery resources, by Alaska residents for personal use and not for sale or barter, with gill or dip net, seine, fish wheel, long line, or other means defined by the Board of Fisheries; (28) “resident” means (A) a person who for the 12 consecutive months immediately preceding the time when the assertion of residence is made has maintained the person's domicile in the state and who is neither claiming residency in another state, territory, or country nor obtaining benefits under a claim of residency in another state, territory, or country; (B) a partnership, association, joint stock company, trust, or corporation that has its main office or headquarters in the state; a natural person who does not otherwise qualify as a resident under this paragraph may not qualify as a resident by virtue of an interest in a partnership, association, joint stock company, trust, or corporation; (C) a member of the military service, or United States Coast Guard, who has been stationed in the state for the 12 consecutive months immediately preceding the time when the assertion of residence is made; (D) a person who is the dependent of a resident member of the military service, or the United States Coast Guard, and who has lived in the state for the 12 consecutive months immediately preceding the time when the assertion of residence is made; or (E) an alien who for the 12 consecutive months immediately preceding the time when the assertion of residence is made has maintained the person's domicile in the state and who is neither claiming residency in another state, territory, or country nor obtaining benefits under a claim of residency in another state, territory, or country; (29) “rural area” means a community or area of the state in which the noncommercial, customary, and traditional use of fish or game for personal or family consumption is a principal characteristic of the economy of the community or area; (30) “seizure” means the actual or constructive taking or possession of real or personal property subject to seizure under AS 16.05 — AS 16.40 by an enforcement or investigative officer charged with enforcement of the fish and game laws of the state; (31) “sport fishing” means the taking of or attempting to take for personal use, and not for sale or barter, any fresh water, marine, or anadromous fish by hook and line held in the hand, or by hook and line with the line attached to a pole or rod which is held in the hand or closely attended, or by other means defined by the Board of Fisheries; (32) “subsistence fishing” means the taking of, fishing for, or possession of fish, shellfish, or other fisheries resources by a resident domiciled in a rural area of the state for subsistence uses with gill net, seine, fish wheel, long line, or other means defined by the Board of Fisheries; (33) “subsistence hunting” means the taking of, hunting for, or possession of game by a resident domiciled in a rural area of the state for subsistence uses by means defined by the Board of Game; (34) “subsistence uses” means the noncommercial, customary and traditional uses of wild, renewable resources by a resident domiciled in a rural area of the state for direct personal or family consumption as food, shelter, fuel, clothing, tools, or transportation, for the making and selling of handicraft articles out of nonedible by-products of fish and wildlife resources taken for personal or family consumption, and for the customary trade, barter, or sharing for personal or family consumption; in this paragraph, “family” means persons related by blood, marriage, or adoption, and a person living in the household on a permanent basis; (35) “take” means taking, pursuing, hunting, fishing, trapping, or in any manner disturbing, capturing, or killing or attempting to take, pursue, hunt, fish, trap, or in any manner capture or kill fish or game; (36) “taxidermy” means tanning, mounting, processing, or other treatment or preparation of fish or game, or any part of fish or game, as a trophy, for monetary gain, including the receiving of the fish or game or parts of fish or game for such purposes; (37) “trapping” means the taking of mammals declared by regulation to be fur bearers; (38) “vessel” means a floating craft powered, towed, rowed, or otherwise propelled, which is used for delivering, landing, or taking fish within the jurisdiction of the state, but does not include aircraft. Sec. 16.05.950. Short title of the chapter. This chapter may be cited as the Fish and Game Code.