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SCS CSHB 309(RES): "An Act relating to nonindigenous fish."

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                             
23       state.