Alaska Statutes
Alaska Stat. § 16.05.221 (2026)
Boards of fisheries and game
✓ current as of July 2026
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Sec. 16.05.221. Boards of fisheries and game.
(a) For purposes of the conservation and development of the fishery resources of the state, there is created the Board of Fisheries composed of seven members appointed by the governor, subject to confirmation by a majority of the members of the legislature in joint session. The governor shall appoint each member on the basis of interest in public affairs, good judgment, knowledge, and ability in the field of action of the board, and with a view to providing diversity of interest and points of view in the membership. The appointed members shall be residents of the state and shall be appointed without regard to political affiliation or geographical location of residence. The commissioner is not a member of the Board of Fisheries, but shall be ex officio secretary.
(b) For purposes of the conservation and development of the game resources of the state, there is created a Board of Game composed of seven members appointed by the governor, subject to confirmation by a majority of the members of the legislature in joint session. The governor shall appoint each member on the basis of interest in public affairs, good judgment, knowledge, and ability in the field of action of the board, and with a view to providing diversity of interest and points of view in the membership. The appointed members shall be residents of the state and shall be appointed without regard to political affiliation or geographical location of residence. The commissioner is not a member of the Board of Game, but shall be ex officio secretary.
(c) Members of the Board of Game serve staggered terms of three years. The terms of the members of the board begin on July 1. Notwithstanding AS 39.05.080(1), by April 1 of the calendar year in which the term expires, the governor shall appoint a person to fill the vacancy that will arise on the board because of the expiration of the term of a member of the board and submit the name of the person to the legislature for confirmation. If a vacancy arises on the board, the governor shall, within 30 days after the vacancy arises, appoint a person to serve the balance of the unexpired term and submit the name of the person to the legislature for confirmation. A person appointed to fill the balance of an unexpired term shall serve on the board from the date of appointment until the earlier of the expiration of the term or the failure of the legislature to confirm the person under AS 39.05.080.
(d) Members of the Board of Fisheries serve staggered terms of three years. The terms of members of the board begin on July 1. Notwithstanding AS 39.05.080(1), by April 1 of the calendar year in which the term expires, the governor shall appoint a person to fill the vacancy that will arise on the board due to expiration of the term of a member of the board and submit the name of the person to the legislature for confirmation. If a vacancy arises on the board, the governor shall, within 30 days after the vacancy arises, appoint a person to serve the balance of the unexpired term and submit the name of the person to the legislature for confirmation. A person appointed to fill the balance of an unexpired term shall serve on the board from the date of appointment until the earlier of the expiration of the term or the failure of the legislature to confirm the person under AS 39.05.080.
(a) For purposes of the conservation and development of the fishery resources of the state, there is created the Board of Fisheries composed of seven members appointed by the governor, subject to confirmation by a majority of the members of the legislature in joint session. The governor shall appoint each member on the basis of interest in public affairs, good judgment, knowledge, and ability in the field of action of the board, and with a view to providing diversity of interest and points of view in the membership. The appointed members shall be residents of the state and shall be appointed without regard to political affiliation or geographical location of residence. The commissioner is not a member of the Board of Fisheries, but shall be ex officio secretary.
(b) For purposes of the conservation and development of the game resources of the state, there is created a Board of Game composed of seven members appointed by the governor, subject to confirmation by a majority of the members of the legislature in joint session. The governor shall appoint each member on the basis of interest in public affairs, good judgment, knowledge, and ability in the field of action of the board, and with a view to providing diversity of interest and points of view in the membership. The appointed members shall be residents of the state and shall be appointed without regard to political affiliation or geographical location of residence. The commissioner is not a member of the Board of Game, but shall be ex officio secretary.
(c) Members of the Board of Game serve staggered terms of three years. The terms of the members of the board begin on July 1. Notwithstanding AS 39.05.080(1), by April 1 of the calendar year in which the term expires, the governor shall appoint a person to fill the vacancy that will arise on the board because of the expiration of the term of a member of the board and submit the name of the person to the legislature for confirmation. If a vacancy arises on the board, the governor shall, within 30 days after the vacancy arises, appoint a person to serve the balance of the unexpired term and submit the name of the person to the legislature for confirmation. A person appointed to fill the balance of an unexpired term shall serve on the board from the date of appointment until the earlier of the expiration of the term or the failure of the legislature to confirm the person under AS 39.05.080.
(d) Members of the Board of Fisheries serve staggered terms of three years. The terms of members of the board begin on July 1. Notwithstanding AS 39.05.080(1), by April 1 of the calendar year in which the term expires, the governor shall appoint a person to fill the vacancy that will arise on the board due to expiration of the term of a member of the board and submit the name of the person to the legislature for confirmation. If a vacancy arises on the board, the governor shall, within 30 days after the vacancy arises, appoint a person to serve the balance of the unexpired term and submit the name of the person to the legislature for confirmation. A person appointed to fill the balance of an unexpired term shall serve on the board from the date of appointment until the earlier of the expiration of the term or the failure of the legislature to confirm the person under AS 39.05.080.
Notes of Decisions
Cited in 19
cases (3 in the last 5 years), 1978–2025 · leading case: Alaska Wildlife All. v. State, 74 P.3d 201 (Alaska 2003).
Alaska Wildlife All. v. State, 74 P.3d 201 (Alaska 2003). “Its membership is governed by AS 16.05.221(b). 2 The governor appoints the seven board members subject to legislative confirmation.”
Interior Alaska Airboat Ass'n v. State, 18 P.3d 686 (Alaska 2001). “" AS 16.05.221(a). "We have previously defined 'conserving' as 'impl[ying! controlled utilization of a resource to prevent its exploitation, destruction or neglect.”
Grunert v. State, 109 P.3d 924 (Alaska 2005). “[6] AS 16.05.221(a). [7] 628 P.2d 897 (Alaska 1981).”
Gilbert v. State, Dep't of Fish & Game, Bd. of Fisheries, 803 P.2d 391 (Alaska 1990). “In an effort to conserve and develop fishery resources, 1 AS 16.05.221(a), the Board of Fisheries implemented, at different times, regulations limiting the mixed stock interceptor fisheries in their total percentage of salmon harvest.”
Kenai Pen. Fisherman's Co-op. Ass'n v. State, 628 P.2d 897 (Alaska 1981). “Prior to 1975, AS 16.05.221 provided for one Board of Fish and Game.”
Peninsula Mktg. Ass'n v. Rosier, 890 P.2d 567 (Alaska 1995). “AS 16.05.221; AS 16.05.280. These protective measures were instituted to ensure that fisheries decisions are made by knowledgeable persons based on their independent judgment, rather than immediate political pressure.”
Kenai Peninsula Fisherman's Coop. Ass'n v. State, 628 P.2d 897 (Alaska 1981). “Prior to 1975, AS 16.05.221 provided for one Board of Fish and Game.”
Stepovak-Shumagin Set Net Ass'n v. State, Bd. of Fisheries, 886 P.2d 632 (Alaska 1994). “Therefore, the Board concludes that the regulation falls within the confines of AS 16.05.221. SSSNA does not dispute that the Board has the power to establish regulations that affect conservation and development.”
Meier v. State, Bd. of Fisheries, 739 P.2d 172 (Alaska 1987). “The Alaska legislature created the Board of Fisheries “[f]or purposes of the conservation and development of the fishery resources of the state_” AS 16.05.221. We have previously held that the duty to conserve and develop fishery resources implies a concomitant power to allocate…”
State v. Hebert, 743 P.2d 392 (Alaska Ct. App. 1987). “987 is consistent with and reasonably necessary to carry out the legislative purpose behind the establishment of the Board, see AS 16.05.221, we must first construe both the statute and the regulation to determine their meanings.”
Alaska Trappers Ass'n, Inc., & Nat'l Trappers Ass'n, Inc. v. City of Valdez, 548 P.3d 332 (Alaska 2024). “67 Valdez’s ordinance limiting trapping in certain places for public safety is not “substantially irreconcilable” with the Board’s authority to adopt “advisable” hunting and trapping regulations for the purposes of conservation and development.”
State v. Tanana Valley Sportsmen's Ass'n, 583 P.2d 854 (Alaska 1978). “AS 16.05.221(b). 5 . Davis did indicate, according to a paraphrase in the minutes: “Biologically, and considering the caribou population exclusively, it would be desirable to have zero human utilization.”
— Alaska Stat. § 16.05.221(a) — 12 cases
Grunert v. State, 109 P.3d 924 (Alaska 2005). “[6] AS 16.05.221(a). [7] 628 P.2d 897 (Alaska 1981).”
Gilbert v. State, Dep't of Fish & Game, Bd. of Fisheries, 803 P.2d 391 (Alaska 1990). “In an effort to conserve and develop fishery resources, 1 AS 16.05.221(a), the Board of Fisheries implemented, at different times, regulations limiting the mixed stock interceptor fisheries in their total percentage of salmon harvest.”
Kenai Pen. Fisherman's Co-op. Ass'n v. State, 628 P.2d 897 (Alaska 1981). “Prior to 1975, AS 16.05.221 provided for one Board of Fish and Game.”
Interior Alaska Airboat Ass'n v. State, 18 P.3d 686 (Alaska 2001). “" AS 16.05.221(a). "We have previously defined 'conserving' as 'impl[ying! controlled utilization of a resource to prevent its exploitation, destruction or neglect.”
Kenai Peninsula Fisherman's Coop. Ass'n v. State, 628 P.2d 897 (Alaska 1981). “Prior to 1975, AS 16.05.221 provided for one Board of Fish and Game.”
— Alaska Stat. § 16.05.221(b) — 6 cases
Alaska Wildlife All. v. State, 74 P.3d 201 (Alaska 2003). “Its membership is governed by AS 16.05.221(b). 2 The governor appoints the seven board members subject to legislative confirmation.”
Interior Alaska Airboat Ass'n v. State, 18 P.3d 686 (Alaska 2001). “" AS 16.05.221(a). "We have previously defined 'conserving' as 'impl[ying! controlled utilization of a resource to prevent its exploitation, destruction or neglect.”
Alaska Trappers Ass'n, Inc., & Nat'l Trappers Ass'n, Inc. v. City of Valdez, 548 P.3d 332 (Alaska 2024). “67 Valdez’s ordinance limiting trapping in certain places for public safety is not “substantially irreconcilable” with the Board’s authority to adopt “advisable” hunting and trapping regulations for the purposes of conservation and development.”
State v. Tanana Valley Sportsmen's Ass'n, 583 P.2d 854 (Alaska 1978). “AS 16.05.221(b). 5 . Davis did indicate, according to a paraphrase in the minutes: “Biologically, and considering the caribou population exclusively, it would be desirable to have zero human utilization.”
Bobby v. State of Alaska, 718 F. Supp. 764 (D. Alaska 1989).
— Alaska Stat. § 16.05.221(c) — 1 case
Peninsula Mktg. Ass'n v. Rosier, 890 P.2d 567 (Alaska 1995). “AS 16.05.221; AS 16.05.280. These protective measures were instituted to ensure that fisheries decisions are made by knowledgeable persons based on their independent judgment, rather than immediate political pressure.”
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