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

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.