Section 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) [Effective January 1, 2017]. =ro "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.

Authorities

9.50.020;16.05.332;23.30.230

Notes

Recent Bills that will modify this

HB 286 FISH & GAME: OFFENSES;LICENSES;PENALTIES
SB 164 FISH & GAME: OFFENSES;LICENSES;PENALTIES

Implemented As

5 AAC 01.188
5 AAC 05.368
5 AAC 92.070
5 AAC 93.595

References

11 AAC 05.010
11 AAC 12.340
12 AAC 75.990
5 AAC 01.011
5 AAC 02.011
5 AAC 39.110
5 AAC 39.975
5 AAC 41.100
5 AAC 75.011
5 AAC 75.995
5 AAC 77.001
5 AAC 77.016
5 AAC 92.029
5 AAC 92.052
5 AAC 92.080
5 AAC 92.085
5 AAC 92.990
5 AAC 93.595
5 AAC 95.990
5 AAC 96.060
5 AAC 99.021
AS 9.50.020 .020">Sec. 09.50.020. Penalties; damages; license revocation.
AS 16.05.332 Wildlife Violator Compact.
AS 23.30.230 Persons not covered.

History

(Sec. 2 art I ch 95 SLA 1959; Sec. 9 art III ch 94 SLA 1959; am Sec. 1 - 4 ch 131 SLA 1960; am Sec. 23 ch 131 SLA 1960; am Sec. 1 ch 21 SLA 1961; am Sec. 1, 2 ch 102 SLA 1961; am Sec. 1 ch 160 SLA 1962; am Sec. 13, 14 ch 31 SLA 1963; am Sec. 2 ch 32 SLA 1968; am Sec. 3 ch 73 SLA 1970; am Sec. 1 ch 91 SLA 1970; am Sec. 4 ch 110 SLA 1970; am Sec. 1 ch 90 SLA 1972; am Sec. 5 ch 82 SLA 1974; am Sec. 26, 82 ch 127 SLA 1974; am Sec. 18 - 20 ch 206 SLA 1975; am Sec. 12 ch 105 SLA 1977; am Sec. 14, 15 ch 151 SLA 1978; am Sec. 1 ch 78 SLA 1979; am Sec. 1 ch 24 SLA 1980; Sec. 4 ch 74 SLA 1982; am Sec. 24 ch 132 SLA 1984; am Sec. 9 - 11 ch 52 SLA 1986; am Sec. 5 ch 76 SLA 1986; am Sec. 1 ch 114 SLA 1988; am Sec. 9 ch 145 SLA 1988; am Sec. 3 ch 6 SLA 1989; am Sec. 15 ch 211 SLA 1990; am Sec. 18 ch 30 SLA 1992; am Sec. 2 ch 49 SLA 1992; am Sec. 3 ch 90 SLA 1992; am Sec. 4 ch 1 SSSLA 1992; am Sec. 4 ch 9 SLA 1994; am Sec. 3 ch 38 SLA 1997; am Sec. 4 ch 112 SLA 2003; am Sec. 31 ch 18 SLA 2016)