Section 16.35.210. Nonindigenous fish.

   (a) A person may not knowingly release, or transport, possess, import, or export for the purpose of release, into the water of the state live nonindigenous fish or live fertilized eggs of nonindigenous fish, unless permitted by AS 16.05 - AS 16.40 or by a regulation adopted under AS 16.05 - AS 16.40. This subsection does not apply to
        (1) a fisherman who catches and releases a fish into the water from which the fish was taken; or
        (2) generally accepted conduct in relation to permitted salt water commercial or sport fishing.
   (b) A person may not knowingly rear live ornamental fish in, or release live ornamental fish into, the water of the state.
   (c) A person who violates this section is guilty of a class A misdemeanor.
   (d) In addition to the penalty imposed under (c) of this section, a person who is convicted of violating this section may be ordered by the court to pay restitution to the state to cover the costs of damages to fishery resources of the state and of removing the introduced fish species from the water of the state.
   (e) In this section,
        (1) "knowingly" has the meaning given in AS 11.81.900;
        (2) "nonindigenous fish" means a species of fish that is not native to the body of water in which the fish is released or is intended to be released;
        (3) "ornamental fish" means an aquatic finfish, commonly referred to as tropical fish, aquarium fish, or goldfish, an aquatic invertebrate, or an amphibian that is imported, cultured, or sold in the state customarily for viewing in an aquarium or for raising in an artificial containment system and that is not customarily used for sport fishing in the state or used for human consumption;
        (4) "water of the state" means any water of the state forming a river, stream, lake, pond, slough, creek, bay, sound, estuary, inlet, strait, passage, canal, sea, or ocean, or any other body of water or waterway within the territorial limits of the state.

Notes

History

(Sec. 4 ch 125 SLA 2004)