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Alaska Statutes.

Title 16. Fish and Game

Chapter 5. Fish and Game Code and Definitions

Section 251. Regulations of the Board of Fisheries.

AS 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.