Section 5.41.005. Permit required.

	(a)  Except as otherwise provided, a person may not transport, possess, export from the state, or release into the waters of the state, any live fish unless the person holds a fish transport permit issued by the commissioner, and the person is in compliance with all conditions of the permit and the provisions of this chapter. A fish transport permit will be issued for a fixed term subject to the provisions of (c) of this section. Notwithstanding the provisions of this subsection, and except as restricted under AS 16.10.240, a licensed processor may export live shellfish out of the waters of the state for human consumption without a fish transport permit only after complying with all applicable reporting requirements.  
	(b)  A fish transport permit authorizes only that operation specified in the permit. Any change of species, broodstock, or location requires a new permit. Any other change requires an amendment to the permit.  
	(c)  The commissioner shall suspend the permit, or particular provisions of the permit including amendments, if the commissioner finds  
		(1) on the basis of new information or changed circumstances, that the permitted activity will adversely affect the continued health and perpetuation of native, wild, or hatchery stocks of fish; or  
		(2) the permittee has failed to comply with permit terms or the provisions of this chapter.  
	(d)  Notwithstanding the expiration, termination or suspension of a fish transport permit, each permittee is responsible for the obligations arising under the terms and conditions of the permit, and under the provisions of this chapter.  
	(e)  Unless otherwise provided in regulation or by emergency order, a permit is not required for transportation of fish caught in a sport, personal use, subsistence, or commercial fishery from the place of harvest to a place within the state for processing, or commercially caught fish to a place within the state for sale.  

Authorities

16.05.060;16.05.251;44.62.125

Notes

Authority

AS 16.05.060 AS 16.05.251 Editor's note: As of Register 208 (January 2014), the regulations attorney made a technical revision under AS 44.62.125(b)(6), to 5 AAC 41.005(a).

History

In effect before 1988; am 3/14/2008, Register 186; am 7/1/2008, Register 186; am 2/24/2011, Register 197; am 1/13/2012, Register 201

References

5.41.005