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(a) Unless authorized under 5 AAC 93.310 - 5 AAC 93.390, a person may not waste salmon intentionally, knowingly, or with reckless disregard for the consequences.
(b) Salmon is intended for a use listed in AS 16.05.831 (a)(1) - (a)(3) if the salmon was taken by or is possessed by a person who has an authorization under state or federal law to take, process for sale, or sell the salmon.
(c) In AS 16.05.831 and this section, the commissioner considers waste to not include (1) normal inadvertent loss of flesh associated with uses of salmon described in AS 16.05.831 (a)(1) - (a)(3) or authorized under 5 AAC 93.310 - 5 AAC 93.390 where the loss cannot be prevented by practical means; or (2) failure to use or sell spoiled, diseased, or contaminated salmon flesh if the spoilage or contamination is not the result of intentional, knowing, or reckless actions; and, if the salmon could legally have been sold, the person disposing of the salmon complies with the requirements of (d) of this section.
(d) Before disposing of spoiled, diseased, or contaminated salmon that could legally have been sold, a person shall record the number of salmon in a logbook, available from the department, by date, species, and reason for disposal. By December 31 of the year of disposal, the person shall submit a completed logbook to the department.
(e) A logbook maintained, but not yet submitted under (d) of this section, shall be provided, upon request, to the department, the department's agent, or the Department of Public Safety for inspection.
(f) Logbooks submitted under this section are public documents.
(g) In this section,
(1) "flesh" means all muscular body tissue surrounding the skeleton;
(2) "person" has the meaning given in AS 01.10.060 , including joint ventures and other business entities; for purposes of this section "person" does not include the state or the federal government.
History: Eff. 7/21/96, Register 139
Authority: AS 16.05.020
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Last modified 7/05/2006