Sec. 15.80.008. Recognized political party status.
(a) A political group that the director has not recognized as a political party may obtain recognized political party status if, on or before May 31 of the election year for which the political group seeks recognition, the political group
(1) files an application with the director;
(2) submits bylaws to the director and the United States Department of Justice as required of political parties in AS 15.25.014 ; and
(3) meets the definition of a political party in AS 15.80.010 .
(b) The director shall verify that each political group seeking recognized political party status under (a) of this section and each recognized political party meets the definition of a political party in AS 15.80.010 .
(c) The director shall perform a verification described in (b) of this section at least once a month after the date of certification of the preceding general election, except that the director may suspend the monthly verifications on and after June 1 and before November 30 of a general election year. For purposes of (b) of this section, the director shall verify that the voters who have submitted registration forms to the division of elections are qualified under AS 15.05.010 and have declared affiliation with the political group or recognized political party for which the verification is performed.
(d) Within 10 days after a verification under (c) of this section, the director shall provide to a political group seeking recognized political party status under (a) of this section written notification when the political group has obtained recognized political party status.
(e) The director may not withdraw recognized political party status from a political group that no longer qualifies as a political party until after the first verification after a general election at which a governor was elected. The director shall notify the political group in writing of the withdrawal of recognition.
Sec. 15.80.010. Definitions.
In this title, unless the context otherwise requires,
(1) "absentee voting official" means a person appointed to serve as an absentee voting official in accordance with AS 15.20.045 ;
(2) "ballot" means any document provided by the director on which votes may be cast for candidates, propositions, or questions;
(3) "director" means the director of elections who is the chief elections officer of the state appointed in accordance with AS 15.10.105(a);
(4) "division" means the division of elections created under AS 15.10.105;
(5) "election board" means the board appointed in accordance with AS 15.10.120;
(6) "election official" means election board members, members of counting or review boards, employees of the division of elections, and absentee voting officials;
(7) "electronically generated ballot" means any ballot other than a paper ballot that is physically marked by the voter using a writing instrument or a mechanical device;
(8) "federal election" means a general, special, or primary election held solely or in part for the purpose of selecting, nominating or electing a candidate for the office of President, Vice-President, presidential elector, United States senator, or United States representative;
(9) "felony involving moral turpitude" includes those crimes that are immoral or wrong in themselves such as murder, manslaughter, assault, sexual assault, sexual abuse of a minor, unlawful exploitation of a minor, robbery, extortion, coercion, kidnapping, incest, arson, burglary, theft, forgery, criminal possession of a forgery device, offering a false instrument for recording, scheme to defraud, falsifying business records, commercial bribe receiving, commercial bribery, bribery, receiving a bribe, perjury, perjury by inconsistent statements, endangering the welfare of a minor, escape, promoting contraband, interference with official proceedings, receiving a bribe by a witness or a juror, jury tampering, misconduct by a juror, tampering with physical evidence, hindering prosecution, terroristic threatening, riot, criminal possession of explosives, unlawful furnishing of explosives, promoting prostitution, criminal mischief, misconduct involving a controlled substance or an imitation controlled substance, permitting an escape, promoting gambling, possession of gambling records, distribution of child pornography, and possession of child pornography;
(10) "general election" means the election held on the Tuesday after the first Monday in November of even-numbered years;
(11) "hand-counted ballot" means a ballot designated to be counted by hand in precincts where precinct tabulators are not available;
(12) "house district" means one of the districts described in art. VI, sec. 1, Constitution of the State of Alaska;
(13) "judicial district" means one of the districts defined in AS 22.10.010;
(14) "lieutenant governor" includes an appointed lieutenant governor, governor, or acting governor if a vacancy has occurred in the office of lieutenant governor or governor;
(15) "limited political party" means a political group which organizes for the purpose of selecting candidates for electors for President and Vice-President;
(16) "local election" means a regular or special election held by a borough, city, school district, or regional educational attendance area;
(17) "master register" means the list of all registered voters in the state which is maintained by the director of elections;
(18) "member of a political party" means a person who supports the political program of a party;
(19) "numerical identifier" means a voter's date of birth, the last four digits of a voter's social security number, a voter's Alaska driver's license number, or a voter's Alaska identification card number or voter identification number;
(20) "oath" includes affirmation;
(21) "official registration list" means the list of all voters qualified to vote at a particular election compiled in accordance with AS 15.07.125 ;
(22) "optically scanned ballot" means a paper ballot designed to be read by an optical scanning machine;
(23) "party district committee" means the political party committee that performs the executive function for a region representing an area larger than a precinct and smaller than the state;
(24) "political group" means a group of organized voters which represents a political program and which does not qualify as a political party;
(25) "political party" means an organized group of voters that represents a political program and
(A) that nominated a candidate for governor who received at least three percent of the total votes cast for governor at the preceding general election or has registered voters in the state equal in number to at least three percent of the total votes cast for governor at the preceding general election;
(B) if the office of governor was not on the ballot at the preceding general election but the office of United States senator was on that ballot, that nominated a candidate for United States senator who received at least three percent of the total votes cast for United States senator at that general election or has registered voters in the state equal in number to at least three percent of the total votes cast for United States senator at that general election; or
(C) if neither the office of governor nor the office of United States senator was on the ballot at the preceding general election, that nominated a candidate for United States representative who received at least three percent of the total votes cast for United States representative at that general election or has registered voters in the state equal in number to at least three percent of the total votes cast for United States representative at that general election;
(26) "precinct" means the territory within which resident voters may cast votes at one polling place;
(27) "precinct tabulators" means an electronic optical scanning ballot tabulation system or other tabulator designated by the director to electronically count ballots;
(28) "presidential election year" means a year in which the presidential electors are elected;
(29) "proposition" means an initiative, referendum, or constitutional amendment submitted at an election to the public for vote;
(30) "qualified voter" means a person who has the qualification of a voter and is not disqualified as provided by art. V, Sec. 2, of the state constitution and AS 15.05.030 ;
(31) "question" means an issue placed on the ballot to determine whether a judge or justice shall be accepted or rejected, whether a constitutional convention shall be called, whether a state debt shall be contracted, or whether a state official shall be recalled;
(32) "registration official" includes an employee of the division of elections when performing the task of voter registration and a person appointed to serve as a registration official in accordance with AS 15.07.081 or 15.07.100;
(33) "reregistration" means the submission of a registration form by a voter whose registration was inactivated on the master register maintained under AS 15.07 and the director's reactivation of that registration in accordance with that chapter; in this paragraph, "a voter whose registration was inactivated" does not include a voter whose registration was inactivated under AS 15.07.130 and whose ballot may be counted under AS 15.15.198 ;
(34) "senate district" means one of the districts described in art. VI, sec. 2, Constitution of the State of Alaska;
(35) "signature" or "subscription" includes a mark intended as a signature or subscription;
(36) "special election" means an election held at a time other than when the general or primary election is held and an election called to be held with, and at the time of, the general or primary election;
(37) "state chairperson " or "state party chairperson" means the political party official elected as the highest ranking statewide party executive;
(38) "sworn" includes affirmed;
(39) "unconditional discharge" means that a person is released from all disability arising under a conviction and sentence, including probation and parole;
(40) "vacancy" exists in an office when the person elected or appointed to the office resigns, retires, dies, is recalled, is rejected by majority vote on the question at an election, is convicted of a corrupt practice, is removed by impeachment, or is expelled;
(41) "voter" means a person who presents oneself for the purpose of voting either in person or by absentee ballot;
(42) "voter registration agency" means an agency designated in or under AS 15.07.055 .
Sec. 15.80.020. Short title.
AS 15.05 - AS 15.80 may be cited as the Alaska Election Code.
Article 01. THE DEPARTMENT OF FISH AND GAME
Sec. 16.05.010. Commissioner of fish and game.
The commissioner is the principal executive officer of the Department of Fish and Game. The commissioner shall be a qualified executive with knowledge of the requirements for the protection, management, conservation, and restoration of the fish and game resources of the state.
Sec. 16.05.020. Functions of commissioner.
The commissioner shall
(1) supervise and control the department, and may appoint and employ division heads, enforcement agents, and the technical, clerical, and other assistants necessary for the general administration of the department;
(2) manage, protect, maintain, improve, and extend the fish, game and aquatic plant resources of the state in the interest of the economy and general well-being of the state;
(3) have necessary power to accomplish the foregoing including, but not limited to, the power to delegate authority to subordinate officers and employees of the department.
Sec. 16.05.030. Status of commissioner. [Repealed, Sec. 40 ch 206 SLA 1975].
Repealed or Renumbered
Sec. 16.05.040. Compensation of commissioner.
The commissioner is entitled to the compensation fixed by law and, subject to appropriate state travel regulations, is entitled to reimbursement for actual and necessary traveling and other expenses incurred in the discharge of official duties.
Sec. 16.05.050. Powers and duties of commissioner.
(a) The commissioner has, but not by way of limitation, the following powers and duties:
(1) through the appropriate state agency and under the provisions of AS 36.30 (State Procurement Code), to acquire by gift, purchase, or lease, or other lawful means, land, buildings, water, rights-of-way, or other necessary or proper real or personal property when the acquisition is in the interest of furthering an objective or purpose of the department and the state;
(2) under the provisions of AS 36.30, to design and construct hatcheries, pipelines, rearing ponds, fishways, and other projects beneficial for the fish and game resources of the state;
(3) to accept money from any person under conditions requiring the use of the money for specific purposes in the furtherance of the protection, rehabilitation, propagation, preservation, or investigation of the fish and game resources of the state or in settlement of claims for damages to fish or game resources;
(4) to collect, classify, and disseminate statistics, data and information that, in the commissioner's discretion, will tend to promote the purposes of this title except AS 16.51 and AS 16.52;
(5) to take, capture, propagate, transport, buy, sell, or exchange fish or game or eggs for propagating, scientific, public safety, or stocking purposes;
(6) under the provisions of AS 36.30, to provide public facilities where necessary or proper to facilitate the taking of fish or game, and to enter into cooperative agreements with any person to effect them;
(7) to exercise administrative, budgeting, and fiscal powers;
(8) under the provisions of AS 36.30, to construct, operate, supervise, and maintain vessels used by the department;
(9) to authorize the holder of an interim-use permit under AS 16.43 to engage on an experimental basis in commercial taking of a fishery resource with vessel, gear, and techniques not presently qualifying for licensing under this chapter in conformity with standards established by the Alaska Commercial Fisheries Entry Commission;
(10) not later than January 31 of each year, to provide to the commissioner of revenue the names of those fish and shellfish species that the commissioner of fish and game designates as developing commercial fish species for that calendar year; a fish or shellfish species is a developing commercial fish species if, within a specified geographical region,
(A) the optimum yield from the harvest of the species has not been reached;
(B) a substantial portion of the allowable harvest of the species has been allocated to fishing vessels of a foreign nation; or
(C) a commercial harvest of the fish species has recently developed;
(11) to initiate or conduct research necessary or advisable to carry out the purposes of this title except AS 16.51 and AS 16.52;
(12) to enter into cooperative agreements with agencies of the federal government, educational institutions, or other agencies or organizations, when in the public interest, to carry out the purposes of this title except AS 16.51 and AS 16.52;
(13) to implement an on-board observer program authorized by the Board of Fisheries under AS 16.05.251 (a)(13); implementation
(A) must be as unintrusive to vessel operations as practicable; and
(B) must make scheduling and scope of observers' activities as predictable as practicable;
(14) to sell fish caught during commercial fisheries test fishing operations;
(15) to establish and charge fees equal to the cost of services provided by the department, including provision of public shooting ranges, broodstock and eggs for private nonprofit hatcheries, department publications, and other direct services, and reasonable fees for the use of state facilities managed by the department; fees established under this paragraph for tours of hatchery facilities, commercial use of sport fishing access sites, and for operation of state hatchery facilities by private aquaculture associations are not subject to the cost limit under AS 37.10.050 (a);
(16) to permit and regulate aquatic farming in the state in a manner that ensures the protection of the state's fish and game resources and improves the economy, health, and well-being of the citizens of the state;
(17) to operate state housing and facilities for employees, contractors, and others in support of the department's responsibilities and to charge rent that is consistent with applicable collective bargaining agreements, or, if no collective bargaining agreement is applicable, competitive with market conditions; rent received from tenants shall be deposited in the general fund;
(18) to petition the Alaska Commercial Fisheries Entry Commission, unless the Board of Fisheries disapproves the petition under AS 16.05.251(g), to establish a moratorium on new entrants into commercial fisheries
(A) that have experienced recent increases in fishing effort that are beyond a low, sporadic level of effort;
(B) that have achieved a level of harvest that may be approaching or exceeding the maximum sustainable level for the fishery; and
(C) for which there is insufficient biological and resource management information necessary to promote the conservation and sustained yield management of the fishery;
(19) to promote fishing, hunting, and trapping and preserve the heritage of fishing, hunting, and trapping in the state.
(b) The commissioner shall annually submit a report to the Board of Game regarding the department's implementation during the preceding three years of intensive management programs that have been established by the board under AS 16.05.255 for identified big game prey populations.
Sec. 16.05.052. Nuisance moose.
The department shall avoid destruction of nuisance moose if a practicable alternative exists for the relocation of the moose to suitable habitat where the moose will not be a nuisance. The commissioner may authorize one or more private individuals or groups to relocate nuisance moose to suitable habitat designated by the department if, upon review and evaluation of a written application and proposal, the commissioner finds that the individual or group is qualified to relocate nuisance moose without undue danger to the public, themselves, or the moose. Before relocating nuisance moose, an authorized individual or group shall provide financial assurances acceptable to the commissioner that will cover the state's reasonable anticipated costs of the relocation and indemnify the state for liability for damages to private persons and property arising from the actions of the individual or group in relocating nuisance moose under this section. The authorized individual or group shall reimburse the state for its costs that arise from relocating nuisance moose. A civil action to recover damages or costs that arise from relocating nuisance moose may not be brought against the state or a political subdivision, officer, or employee of the state. If darts containing narcotics are used to tranquilize moose, all of the darts shall be recovered and properly disposed. In this section, "nuisance moose" means moose designated by the department in an area of concentrated human population that pose a significant risk to the health, safety, or economic well-being of persons in the area.
Sec. 16.05.053. Accounting and disposition of receipts. [Repealed, Sec. 92 ch 36 SLA 1990. For current law, see AS 37.05.142 - 37.05.144].
Repealed or Renumbered
Sec. 16.05.055. On-board observer program.
(a) The commissioner may enter into appropriate contracts and agreements with agencies, such as the National Marine Fisheries Service, the North Pacific Fishery Management Council, and the International Pacific Halibut Commission, designed to ensure that on-board observer programs conducted in the fisheries of the state are coordinated and consistent with each other for vessels operating in state and federal water.
(b) The master of a vessel, as a condition of participating in a fishery for which an on-board observer program is authorized by the Board of Fisheries under AS 16.05.251 , shall consent in writing to the placement of an observer aboard the vessel.
Sec. 16.05.060. Emergency orders.
(a) This chapter does not limit the power of the commissioner or an authorized designee, when circumstances require, to summarily open or close seasons or areas or to change weekly closed periods on fish or game by means of emergency orders.
(b) The commissioner or an authorized designee may, under criteria adopted by the Board of Fisheries, summarily increase or decrease sport fish bag limits or modify methods of harvest for sport fish by means of emergency orders.
(c) An emergency order has the force and effect of law after field announcement by the commissioner or an authorized designee. An emergency order adopted under this section is not subject to AS 44.62 (Administrative Procedure Act).
Sec. 16.05.065. Application extension.
(a) The commissioner shall extend the time and dates during which application may be made for fish or game registration if the commissioner finds that
(1) the conservation and management of the fish or game resource will not be affected adversely; and
(2) the failure to timely apply is the result of excusable neglect.
(b) The fee for an extension granted under this section is $45.
(c) As used in this section, "excusable neglect" does not include unfamiliarity with or ignorance of applicable laws and regulations. In order to show excusable neglect, a person must have demonstrated, before the registration deadline, an intent to harvest fish or game.
Sec. 16.05.070. Regulations as evidence.
Regulations of a board and of the commissioner, including emergency openings and closures, are admissible as evidence in the courts of the state in accordance with AS 44.62 (Administrative Procedure Act).
Sec. 16.05.080. Limitation of power.
Nothing in this chapter authorizes the department or a board to change the amount of fees or licenses.
Sec. 16.05.090. Organization of the department.
(a) The commissioner may, with the approval of the governor, establish a departmental division of commercial fisheries, a departmental division of sport fisheries, a departmental division of game, and other departmental divisions as are necessary.
(b) [Repealed, Sec. 3 E.O. No. 86 (1993)].
(c) There is established in the department a section of subsistence hunting and fishing.
Sec. 16.05.092. Fisheries rehabilitation, enhancement, and development.
The department shall
(1) develop and continually maintain a comprehensive, coordinated state plan for the orderly present and long-range rehabilitation, enhancement, and development of all aspects of the state's fisheries for the perpetual use, benefit, and enjoyment of all citizens and revise and update this plan annually;
(2) encourage the investment by private enterprise in the technological development and economic utilization of the fisheries resources;
(3) through rehabilitation, enhancement, and development programs do all things necessary to ensure perpetual and increasing production and use of the food resources of state waters and continental shelf areas;
(4) prepare a comprehensive annual report, containing detailed information regarding its accomplishments under this section and proposals of plans and activities for the next fiscal year, and notify the legislature not later than 20 days after the convening of each regular session that the report is available.