Section 5.41.500. Aquarium stocking.

	(a)  Aquarium stocking for commercial display, as defined in 5 AAC 41.599, may occur, subject to the requirements of this chapter, only if authorized under a permit from the commissioner, and unless the specimens are commercially harvested, only if the commissioner determines that there is an educational component to the commercial display.  
	(b)  Aquarium stocking permits may contain terms as the commissioner deems appropriate to protect fishery resources and prevent impacts to other user groups.  
	(c)  Aquarium stocking permits may not be issued to any permit applicant for collection of more than four specimens of any single species that the Alaska Commercial Fisheries Entry Commission has established a maximum number of permits or that is subject to a regulatory or statutory moratorium on entry unless the commissioner determines the purchase of live specimens from a commercial fisherman is not practicable. Additional specimens may obtained if purchased from a commercial fisherman.  
	(d)  Outside of established or experimental commercial fisheries, the commissioner shall not permit harvest of significant numbers of any species from any area for commercial aquarium purposes.  
	(e)  The commissioner shall not permit harvest of any species for commercial display purposes outside of an established or experimental commercial fishery if the commissioner determines that the purchase of live specimens taken in a commercial fishery is practicable, or would have been practicable if properly planned. In determining whether purchase from a commercial fisherman is or would have been practicable, the commissioner shall consider the number of specimens needed, the distance to areas where the species can be commercially harvested, and the expected lifespan of specimens held in captivity.  
	(f)  The commissioner shall not permit harvest of any species for aquarium stocking purposes if the commissioner determines that the cumulative effects of allowing the harvest could negatively impact sport, personal use, subsistence, or commercial fisheries.  
	(g)  The commissioner shall not permit harvest of any species for aquarium stocking purposes if the area where the harvest is proposed is closed to sport, personal use, and subsistence harvest.  
	(h)  The commissioner shall not issue permits authorizing harvest for aquarium stocking that are effective for more than one year. The commissioner may modify or revoke permits authorizing harvest for aquarium stocking by emergency order if the commissioner determines that the terms of the permit have been violated or that the permit may be detrimental to the resource or other users.  
	(i)  Specimens held in an aquarium may not be released to the natural waters of the state unless specifically authorized by the commissioner under the terms of a scientific or educational permit.  
	(j)  Nothing in this section is intended to preclude the commissioner from adopting more restrictive regulations or from further restricting take for aquarium stocking by emergency order.  
	(k)  A facility engaged in aquarium stocking or in commercial display of fish native to this state shall, upon request, permit inspection of the aquarium by a local representative of the department or a peace officer of the state, and shall upon request provide copies of records documenting the sources of specimens on display.   
	(l)  Nothing in this section is intended to preclude the display of fish taken under a scientific or educational permit for purposes other than display if the display is also allowed under the terms of the permit.  

Authorities

16.05.020;16.05.060;16.05.251;16.05.270;16.05.340

Notes

Authority

AS 16.05.020 AS 16.05.060 AS 16.05.251 AS 16.05.270 AS 16.05.340

History

Eff. 3/14/2008, Register 186; am 7/1/2008, Register 186