Section 5 AAC 41.005 - Permit required(a) Except as otherwise provided, a person may not collect, transport, possess, propagate, export from the state, or release into the waters or the landes of the state, any aquatic organism, unless the person holds a fish transport or aquatic resource permit issued by the commissioner, and the person is in compliance with all conditions of the permit and the provisions of this chapter. A fish transport or aquatic resource permit will be issued for a fixed term subject to the provisions of this section. Notwithstanding the provisions of this subsection, and except as restricted under AS 16.10.240, a licensed processor may export live shellfish out of the waters of the state for human consumption without a fish transport permit only after complying with all applicable reporting requirements.(b) A permit issued under this chapter authorizes only that operation specified in the permit and is not transferrable. Additional personnel may engage in activities authorized by the permit only after written approval by the department. Any change of species, stock, or location of permitted activities requires a new permit. Any other change requires an amendment to the permit. Possession of a permit does not relieve the permit holder of the responsibility for securing any other local, state, or federal permits that may be required.(c) If the commissioner determines that an applicant made a false statement on an application, affidavit, permit, or report required by this chapter, or omitted material information, the commissioner may suspend or revoke the permit, and deny future permit applications submitted by the applicant.(d) Notwithstanding the expiration, termination or suspension of a fish transport permit, each permittee is responsible for the obligations arising under the terms and conditions of the permit, and under the provisions of this chapter.(e) Unless otherwise provided in regulation or by emergency order, a permit is not required for transportation of aquatic organisms harvested or caught under sport, personal use, subsistence, or commercial regulation from the place of harvest or capture to a place within the state for processing, or commercially caught or harvested aquatic organisms to a place within the state for sale.In effect before 1988; am 3/14/2008, Register 186; am 7/1/2008, Register 186; am 2/24/2011, Register 197; am 1/13/2012, Register 201; am 1/10/2018, Register 225, April 2018; am 4/25/2021, Register 238, July 2021Authority:AS 16.05.060
AS 16.05.251