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(a) If a license vendor fails to perform duties and obligations under this chapter or under the license vendor's contract with the commissioner, the commissioner may give the vendor notice of the vendor's noncompliance and a demand for compliance. If the commissioner determines that the failure is reckless or willful, the commissioner may give notice of immediate suspension or revocation of the contract and the appointment. If the license vendor fails to remedy the noncompliance within the time frame specified in a notice and demand for compliance, the commissioner may revoke the vendor's contract and appointment. The commissioner may take any other action necessary to protect the state's interests and remedy noncompliance, including commencement of suit.

(b) The commissioner may suspend or revoke a license vendor appointment for any of the grounds listed in (a) of this section, including the following circumstances:

(1) notice of bond cancellation is received by the department;

(2) a discrepancy exists between the license vendor's records or returns required to be filed with the commissioner and the department's audit or examination of the license vendor's books and inventory;

(3) the license vendor fails to collect fees or fails to pay to the department money due to the commissioner;

(4) a renewal application is not timely filed;

(5) the license vendor fails to meet any of the conditions specified in the contract or required by AS 16.05, 5 AAC 93.510 - 5 AAC 93.540;

(6) the license vendor knowingly or willfully issues, or causes to be issued, a license to an individual who has attempted to take or has taken fish or game for which the license was not acquired by the individual before the hunting or fishing activity.

(c) If a license vendor appointment is revoked under this section, the license vendor may not apply for a new appointment for three years after the date of revocation. The date of suspension or revocation is the date specified in the notice of suspension or revocation.

(d) If the commissioner revokes a license vendor's authorization to issue licenses, or if the authorization expires at the end of a calendar year and the commissioner does not renew the contract or enter into a new contract with the license vendor, the license vendor shall

(1) remit to the commissioner all money collected, except the amounts to which the license vendor is entitled to under 5 AAC 93.560;

(2) return all licenses and license materials to the department; and

(3) provide the commissioner with all required reports by the 15th day of the month following the month in which the license vendor appointment expires or revocation takes effect.

History: Eff. 1/13/2012, Register 201

Authority: AS 16.05.020

AS 16.05.050

AS 16.05.340

AS 16.05.380

AS 16.05.390

AS 16.05.460

5 AAC 93.595. Definitions

Unless the context indicates otherwise, in 5 AAC 93.510 - 5 AAC 93.595

(1) "account for all money" means to deliver to the commissioner

(A) fees collected and money due the commissioner on account of, or by virtue of, the sale, issuance, or loss of licenses by a license vendor or employee of a license vendor that is accounted for when the money is received by the commissioner and, if money is transmitted by check, when bank clearance of the check occurs; and

(B) required reports showing the disposition of money received by the license vendor for issuance of licenses;

(2) "area or locale" means a geographical region of any size that the commissioner determines constitutes a single region where persons within that region or adjacent regions could reasonably be expected to purchase licenses from license vendors within that region;

(3) "business entity" means a corporation, partnership, or sole proprietorship, store or other single location from which a business is conducted;

(4) "commissioner" means the commissioner of fish and game;

(5) "contract" means the agreement between the commissioner and a license vendor that sets out the duties and obligations of a license vendor and authorizes the license vendor to issue licenses;

(6) "department" means the Department of Fish and Game;

(7) "employee" means a person who is employed by a license vendor;

(8) "issue" includes

(A) taking of applications for licenses;

(B) issuing licenses; and

(C) collecting fees for licenses;

(9) "license"

(A) includes a license, permit, or tag, and each class or type of license, that the department issues under AS 16.05.330 , 16.05.340, 16.05.450(a), 16.05.480(a), and this chapter;

(B) does not include

(i) complimentary licenses distributed by the governor under AS 16.05.335 ;

(ii) free licenses for disabled veterans and active members of the Alaska National Guard and military reserves issued under AS 16.05.341 ; and

(iii) identification cards for persons exempt from license requirements under AS 16.05;

(10) "licensee" means a person who purchases one or more licenses;

(11) "license vendor" means a natural person or business entity that has been appointed by the commissioner and has entered into a contract with the commissioner to take applications and payments for and to issue one or more classes of fish and game licenses;

(12) "resident" has the meaning given in AS 16.05.940 .

History: Eff. 1/13/2012, Register 201

Authority: AS 16.05.020

AS 16.05.050

AS 16.05.330

AS 16.05.360

AS 16.05.380

AS 16.05.390

AS 16.05.450

AS 16.05.460

AS 16.05.940

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Part 5
Protection of Fish and Game Habitat

Chapter

95. Fish and Game Habitat. (5 AAC 95.010 - 5 AAC 95.990)

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Chapter 95
Fish and Game Habitat

Article

1. Fish Habitat. (5 AAC 95.010 - 5 AAC 95.060)

2. (Reserved).

3. Prohibited Activities. (5 AAC 95.300 - 5 AAC 95.310)

4. Special Areas. (5 AAC 95.400 - 5 AAC 95.440)

5. State Game Refuges. (5 AAC 95.500 - 5 AAC 95.552)

6. State Critical Habitat Areas. (5 AAC 95.600 - 5 AAC 95.632)

7. Permit Procedures. (5 AAC 95.700 - 5 AAC 95.770)

8. General Provisions. (5 AAC 95.900 - 5 AAC 95.990)

Editor's note: As of Register 148, January 1999, textual cross-references and authority citations to the following statutes were changed as follows, to reflect renumbering of those statutes by the Revisor of Statutes: AS 16.20.120 was renumbered AS 16.20.094 ; AS 16.20.130 was renumbered AS 16.20.096 ; AS 16.20.170 was renumbered AS 16.20.162 ; AS 16.20.250 was renumbered AS 16.20.520 ; and AS 16.20.260 was renumbered AS 16.20.530 .

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Article 1
Fish Habitat

Section

10. (Relocated).

11. Waters important to anadromous fish.

50. (Repealed).

60. (Repealed).

5 AAC 95.010. Waters important to anadromous fish

Relocated.

Editor's note: As of Register 166 (July 2003), and acting under AS 44.62.125 (b)(6), the regulations attorney relocated former 5 AAC 95.010 to 11 AAC 195.010, and made conforming technical changes, to reflect Executive Order 107 (2003). Executive Order 107 transferred functions related to protection of fish habitat in rivers, lakes, and streams from the Department of Fish and Game to the Department of Natural Resources. The history note for 11 AAC 195.010 includes the history of former 5 AAC 95.010.

As of Register 186 (July 2008), and acting under AS 44.62.125 (b)(6), the regulations attorney relocated former 11 AAC 195.010 to 5 AAC 95.011, and made conforming technical changes, to reflect Executive Order 114 (2008). Executive Order 114 transferred functions related to protection of fish habitat in rivers, lakes, and streams from the Department of Natural Resources to the Department of Fish and Game. The history note for 5 AAC 95.011 carries forward the history from former 11 AAC 195.010.

5 AAC 95.011. Waters important to anadromous fish

(a) The Atlas to the Catalog of Waters Important for Spawning, Rearing, or Migration of Anadromous Fishes, and the Catalog of Waters Important for Spawning, Rearing, or Migration of Anadromous Fishes, as revised as of March 2021, are adopted by reference. The six volume atlas is a compilation of topographic maps upon which are specified, as provided in AS 16.05.871 (a), the various rivers, lakes, or streams, or parts of them, that are important for the spawning, rearing, or migration of anadromous fish. The catalog is a listing of those water bodies. It sets out legal descriptions for the mouth and the known upper range of the fish of each stream, river, or lake designated on the maps in the atlas. The atlas and the catalog identify the water bodies for which a person or agency must first notify the department, as required by AS 16.05.871 (b), before undertaking to construct a hydraulic project, or to use, divert, obstruct, pollute, or change the natural flow or bed of a specified river, lake, or stream, or to use wheeled, tracked, or excavating equipment or log-dragging equipment in the bed of a specified river, lake, or stream.

(b) Permit application procedures, catalog and atlas updating procedures, definitions of terms, and other information or requirements to implement, interpret, or make specific the provisions of AS 16.05.871 , included in the introduction attached to the catalog and the atlas described in (a) of this section, are also adopted by reference. The introduction also includes a user's guide to the atlas and catalog, and limitations of the information in the atlas or the catalog.

History: Eff. 3/1/75, Register 53; am 7/31/82, Register 83; am 10/14/83, Register 88; am 7/27/84, Register 91; am 5/19/85, Register 94; am 5/8/86, Register 98; am 5/1/87, Register 102; am 5/8/88, Register 106; am 6/7/89, Register 110; am 9/29/90, Register 115; am 4/1/92, Register 121; am 8/30/92, Register 123; am 10/20/93, Register 128; am 4/28/95, Register 134; am 6/22/97, Register 142; am 2/6/99, Register 149; am 1/15/2005, Register 172; am 3/1/2006, Register 177; am 9/15/2006, Register 179; am 6/1/2007, Register 182; am 6/2/2008, Register 186; am 6/1/2009, Register 190; am 6/1/2010, Register 194; am 6/1/2011, Register 198; am 6/1/2012, Register 202; am 7/1/2013, Register 206; am 6/1/2014, Register 210; am 6/1/2015, Register 214; am 6/1/2016, Register 218; am 6/1/2017, Register 222; am 6/1/2018, Register 226; am 6/1/2019, Register 230; am 6/1/2020, Register 234; am 6/1/2021, Register 238

Authority: AS 16.05.020

AS 16.05.871

Copies of the Catalog of Waters Important for Spawning, Rearing or Migration of Anadromous Fishes for a specified region may be obtained by writing to the Department of Fish and Game (ADF&G), Division of Sport Fish, 333 Raspberry Road, Anchorage, AK 99518-1599. Electronic copies may also be viewed through the ADF&G website at https://www.adfg.alaska.gov/sf/SARR/AWC/index.cfm?/ADFG =data.AWCdata.

Copies of the entire An Atlas to the Catalog of Waters Important for Spawning, Rearing or Migration of Anadromous Fishes are available for examination at the ADF&G offices in Anchorage and Fairbanks. Copies are also available for viewing at the Alaska State Library in Juneau and the ARLIS Library in Anchorage.

Copies of regional volumes of the atlas for the region of the state where they are located are available for examination at the ADF&G offices in Craig, Delta Junction, Homer, Juneau, Ketchikan, Nome, Soldotna, and Tok. An electronic equivalent may also be viewed through the ADF&G website at https://www.adfg.alaska.gov/sf/SARR/AWC/index.cfm?ADFG=maps.maps.

As of Register 166 (July 2003), and acting under AS 44.62.125 (b)(6), until Register 186 (July 2008), the regulations attorney relocated former 5 AAC 95.010 to 11 AAC 195.010, and made conforming technical changes, to reflect Executive Order 107 (2003). Executive Order 107 transferred functions related to protection of fish habitat in rivers, lakes, and streams from the Department of Fish and Game to the Department of Natural Resources.

As of Register 186 (July 2008), and acting under AS 44.62.125 (b)(6), the regulations attorney relocated former 11 AAC 195.010 to 5 AAC 95.011, and made conforming technical changes, to reflect Executive Order 114 (2008). Executive Order 114 transferred functions related to protection of fish habitat in rivers, lakes, and streams from the Department of Natural Resources to the Department of Fish and Game. The history note for 5 AAC 95.011 carries forward the history from former 5 AAC 95.010 and former 11 AAC 195.010.

5 AAC 95.050. Protection of critical habitat areas

Repealed 6/5/86.

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