00                      CS FOR HOUSE BILL NO. 309(JUD)                                                                    
01 "An Act relating to nonindigenous fish."                                                                                
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1.  AS 16.35 is amended by adding a new section to read:                                                 
04            Sec. 16.35.210.  Nonindigenous fish.  (a)  A person may not knowingly                                      
05       release, or transport, possess, import, or export for the purpose of release, into the                            
06       water of the state live nonindigenous fish or live fertilized eggs of nonindigenous fish,                         
07       unless permitted by AS 16.05 - 16.40 or by a regulation adopted under AS 16.05 -                                  
08       16.40.  This subsection does not apply to                                                                         
09                 (1)  a fisherman who catches and releases a fish into the water from                                    
10       which the fish was taken; or                                                                                      
11                 (2)  generally accepted conduct in relation to permitted salt water                                     
12       commercial or sport fishing.                                                                                      
13            (b)  A person may not knowingly rear live ornamental fish in, or release live                                
14       ornamental fish into, the water of the state.                                                                     
15            (c)  A person who violates this section is guilty of a class A misdemeanor and                               

01       is punishable as authorized in AS 12.55 except that a fine of not less than $5,000 shall                          
02       be imposed.                                                                                                       
03            (d)  In this section,                                                                                        
04                 (1)  "knowingly" has the meaning given in AS 11.81.900;                                                 
05                 (2)  "nonindigenous fish" means a species of fish that is not native to                                 
06       the body of water in which the fish is released or is intended to be released;                                    
07                 (3)  "ornamental fish" means an aquatic finfish, commonly referred to                                   
08       as tropical fish, aquarium fish, or goldfish, an aquatic invertebrate, or an amphibian                            
09       that is imported, cultured, or sold in the state customarily for viewing in an aquarium                           
10       or for raising in an artificial containment system and that is not customarily used for                           
11       sport fishing in the state or used for human consumption;                                                         
12                 (4)  "water of the state" means any water of the state forming a river,                                 
13       stream, lake, pond, slough, creek, bay, sound, estuary, inlet, strait, passage, canal, sea,                       
14       or ocean, or any other body of water or waterway within the territorial limits of the                             
15       state.