Section 5.41.070. Prohibitions on importation and release of live fish.

	(a)  Except as provided in (b) - (d) of this section, no person may import any live fish into the state for purposes of stocking or rearing in the waters of the state.  
	(b)  Live oysters native to and originating from the Pacific Coast of North America may be imported for aquaculture purposes, under a permit required by this chapter, and may be released into the waters of the state only if the  
		(1) broodstock is derived from oysters commercially cultured on the Pacific Coast of North America through three or more generations; and  
		(2) disease history or an inspection indicates no incidence of disease that is not indigenous to the state or is not considered to be a risk to indigenous stocks, and oyster health or marketability.  
	(c)  Ornamental fish not raised for human consumption or sport fishing purposes may be imported into the state, but may not be reared in or released into the waters of the state. Fish wastes and waste water from ornamental fish may not be released directly into the waters of the state.  
	(d)  Weathervane scallops originating from wild stocks or cultured stocks in the Southeastern Alaska and Yakutat Areas may be imported for aquaculture purposes and may be released only into the waters of the Southeastern Alaska and Yakutat Areas under a permit required by this chapter only if the  
		(1) broodstock was taken under the provisions of a permit issued by the department;  
		(2) broodstock was certified by the department's fish pathology section before transport out of the state;  
		(3) broodstock was held continuously in a department-approved isolation facility;  
		(4) weathervane scallops proposed for import have been held continuously in a department-approved isolation facility before import into the state;  
		(5) disease history, or an inspection, of the weathervane scallops proposed for import indicates no incidence of a disease of transport significance.  
	(e)  A person may not import, own, possess, breed, transport, distribute, release, purchase or sell within this state any species listed under 50 C.F.R. 16.13, as revised as of October 1, 2002, as an injurious live, or dead fish, mollusk, crustacean, or their eggs.  

Authorities

16.05.251

Notes

Authority

AS 16.05.251

History

In effect before 1988; am 9/19/90, Register 115; am 4/30/91, Register 118; am 8/8/2007, Register 183; am 2/24/2011, Register 197