00                      CS FOR HOUSE BILL NO. 309(FSH)                                                                    
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       transport, possess, import, export, or release into the water of the state live                                   
06       nonindigenous fish or live fertilized eggs of nonindigenous fish, unless the person                               
07       holds a permit issued by the commissioner or the commissioner's designee to                                       
08       transport, possess, import, export, or release the fish or live fish eggs.  This subsection                       
09       does not apply to                                                                                                 
10                 (1)  a fisherman who catches and releases a fish into the water from                                    
11       which the fish was taken;                                                                                         
12                 (2)  ornamental fish; or                                                                                
13                 (3)  generally accepted conduct in relation to permitted commercial                                     
14       saltwater fishing.                                                                                                
15            (b)  A person may not knowingly rear live ornamental fish in, or release live                                

01       ornamental fish into, the water of the state or release fish wastes or wastewater from                            
02       ornamental fish tanks or other containment systems directly into the water of the state.                          
03            (c)  A person who violates this section is guilty of a class C felony and is                                 
04       punishable as authorized in AS 12.55 except that a fine of not less than $1,500 shall be                          
05       imposed.                                                                                                          
06            (d)  In this section,                                                                                        
07                 (1)  "knowingly" has the meaning given in AS 11.81.900;                                                 
08                 (2)  "nonindigenous fish" means a species of fish that is not native to                                 
09       the body of water in which the fish is released or is intended to be released;                                    
10                 (3)  "ornamental fish" means an aquatic finfish, commonly referred to                                   
11       as tropical fish, aquarium fish, or goldfish, an aquatic invertebrate, or an amphibian                            
12       that is imported, cultured, or sold in the state customarily for viewing in an aquarium                           
13       or for raising in an artificial containment system and that is not customarily used for                           
14       sport fishing in the state or used for human consumption;                                                         
15                 (4)  "water of the state" means any water of the state forming a river,                                 
16       stream, lake, pond, slough, creek, bay, sound, estuary, inlet, strait, passage, canal, sea,                       
17       or ocean, or any other body of water or waterway within the territorial limits of the                             
18       state.