1. (a) The harvest of salmon and shellfish inhabiting the water of the state, regardless of whether the salmon or shellfish are naturally or artificially propagated, may only be conducted under regulations adopted by the Board of Fisheries or the commissioner.
2. (b) The harvest of salmon and shellfish produced by a private nonprofit hatchery is governed by the regulations adopted by the Board of Fisheries or the commissioner. The board may develop regulations after review of the harvest plans or other materials, information, or testimony presented by a regional association, hatchery operator, the Department of Commerce, Community, and Economic Development, the Department of Fish and Game, commercial fishermen, or an interested party.
3. (c) In an area where salmon hatchery returns enter a segregated location near the release site and can be harvested without significantly affecting wild stocks or a hatchery permit has been issued for shellfish enhancement, a special harvest area may be designated within the hatchery permit, by regulation adopted by the board, or by emergency order issued by the commissioner.
4. (d) A private nonprofit hatchery permit holder or a hatchery permit holder's agent, contractee, or employee may only harvest salmon or shellfish for the hatchery in the applicable special harvest area. Nothing in this subsection prohibits a special harvest area from being open to commercial, sport, or subsistence fishing or a combination thereof as provided in regulations adopted or an emergency order issued under this Title.
5. (e) Special harvest area boundaries set out in 5 AAC 40, or in a private nonprofit hatchery permit issued by the commissioner, may be altered by emergency order if necessary for proper management of natural or hatchery stocks.
6. (f) Hatchery permit holders, their agents, contractees, and employees shall comply with all terms and conditions of the hatchery permit, applicable regulations and orders, and any additional requirements imposed by the commissioner to implement this chapter.
7. (g) An agent, contractee, or employee of a hatchery permit holder may only harvest salmon or shellfish for the hatchery in a special harvest area if the agent, contractee, or employee possesses a written authorization from the hatchery permit holder and harvests the salmon or shellfish in accordance with the terms of the written authorization. The activities in the special harvest area of a person who is not a hatchery permit holder or an agent, contractee, or employee of the permit holder acting under the terms of a written authorization are governed by the regulations applicable to commercial, sport, personal use, and subsistence fishing.
8. (h) Private nonprofit salmon hatchery operators shall take all reasonable steps necessary to ensure that hatchery-produced salmon harvested in their designated special harvest area are surplus fish produced at that facility.

(In effect before 1983; am 4/16/83, Register 86; am 5/31/85, Register 94; am 6/11/2025, Register 254)

Authority: AS 16.05.050, AS 16.05.831, AS 16.12.010, AS 16.05.060, AS 16.10.420, AS 16.12.050, AS 16.05.251, AS 16.10.440