00 SENATE CS FOR CS FOR HOUSE BILL NO. 309(RES)
01 "An Act relating to nonindigenous fish."
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
03 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section
04 to read:
05 LEGISLATIVE INTENT. It is the intent of the Alaska State Legislature that
06 this Act does not apply to the culture of ornamental fish on private property in small artificial
07 ponds that have no direct access to the public waters of the state and do not cause significant
08 harm to the continued perpetuation of native, wild, or hatchery stocks of fish.
09 * Sec. 2. AS 16.35 is amended by adding a new section to read:
10 Sec. 16.35.210. Nonindigenous fish. (a) A person may not knowingly
11 release, or transport, possess, import, or export for the purpose of release, into the
12 water of the state live nonindigenous fish or live fertilized eggs of nonindigenous fish,
13 unless permitted by AS 16.05 - 16.40 or by a regulation adopted under AS 16.05 -
14 16.40. This subsection does not apply to
15 (1) a fisherman who catches and releases a fish into the water from
01 which the fish was taken; or
02 (2) generally accepted conduct in relation to permitted salt water
03 commercial or sport fishing.
04 (b) A person may not knowingly rear live ornamental fish in, or release live
05 ornamental fish into, the water of the state.
06 (c) A person who violates this section is guilty of a class A misdemeanor.
07 (d) In addition to the penalty imposed under (c) of this section, a person who
08 is convicted of violating this section may be ordered by the court to pay restitution to
09 the state to cover the costs of damages to fishery resources of the state and of
10 removing the introduced fish species from the water of the state.
11 (e) In this section,
12 (1) "knowingly" has the meaning given in AS 11.81.900;
13 (2) "nonindigenous fish" means a species of fish that is not native to
14 the body of water in which the fish is released or is intended to be released;
15 (3) "ornamental fish" means an aquatic finfish, commonly referred to
16 as tropical fish, aquarium fish, or goldfish, an aquatic invertebrate, or an amphibian
17 that is imported, cultured, or sold in the state customarily for viewing in an aquarium
18 or for raising in an artificial containment system and that is not customarily used for
19 sport fishing in the state or used for human consumption;
20 (4) "water of the state" means any water of the state forming a river,
21 stream, lake, pond, slough, creek, bay, sound, estuary, inlet, strait, passage, canal, sea,
22 or ocean, or any other body of water or waterway within the territorial limits of the