Alaska Statutes
Alaska Stat. § 16.10.420 (2026)
Conditions of a permit
✓ current as of July 2026
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Sec. 16.10.420. Conditions of a permit.
(a) The department shall require, in a permit issued to a hatchery operator, that
(1) salmon eggs procured by the hatchery must be from the department or a source approved by the department;
(2) salmon eggs or resulting fry may not be placed in waters of the state other than those specifically designated in the permit;
(3) salmon eggs or resulting fry, sold to a permit holder by the state or by another party approved by the department, may not be resold or otherwise transferred to another person;
(4) salmon may not be released by the hatchery before department approval, and, for purposes of pathological examination and approval, the department shall be notified of the proposed release of salmon at least 15 days before the date of their proposed release by the hatchery;
(5) diseased salmon be destroyed in a specific manner and place designated by the department;
(6) adult salmon be harvested by hatchery operators only at specific locations as designated by the department;
(7) surplus eggs from salmon returning to the hatchery be made available for sale first to the department and then, after inspection and approval by the department, to operators of other hatcheries authorized by permit to operate under AS 16.10.400 — 16.10.470;
(8) if surplus salmon eggs are sold by a permit holder to another permit holder, a copy of the sales transaction be provided to the department;
(9) a hatchery be located in an area where a reasonable segregation from natural stocks occurs, but, when feasible, in an area where returning hatchery fish will pass through traditional salmon fisheries.
(b) Notwithstanding (a) of this section, a hatchery operator may, for the purpose of stocking a lake in the state, sell hatchery-produced salmonids to a person authorized to transport fish under regulations adopted under AS 16.05.251.
(a) The department shall require, in a permit issued to a hatchery operator, that
(1) salmon eggs procured by the hatchery must be from the department or a source approved by the department;
(2) salmon eggs or resulting fry may not be placed in waters of the state other than those specifically designated in the permit;
(3) salmon eggs or resulting fry, sold to a permit holder by the state or by another party approved by the department, may not be resold or otherwise transferred to another person;
(4) salmon may not be released by the hatchery before department approval, and, for purposes of pathological examination and approval, the department shall be notified of the proposed release of salmon at least 15 days before the date of their proposed release by the hatchery;
(5) diseased salmon be destroyed in a specific manner and place designated by the department;
(6) adult salmon be harvested by hatchery operators only at specific locations as designated by the department;
(7) surplus eggs from salmon returning to the hatchery be made available for sale first to the department and then, after inspection and approval by the department, to operators of other hatcheries authorized by permit to operate under AS 16.10.400 — 16.10.470;
(8) if surplus salmon eggs are sold by a permit holder to another permit holder, a copy of the sales transaction be provided to the department;
(9) a hatchery be located in an area where a reasonable segregation from natural stocks occurs, but, when feasible, in an area where returning hatchery fish will pass through traditional salmon fisheries.
(b) Notwithstanding (a) of this section, a hatchery operator may, for the purpose of stocking a lake in the state, sell hatchery-produced salmonids to a person authorized to transport fish under regulations adopted under AS 16.05.251.
Notes of Decisions
Cited in 1
case, 2000–2000 · leading case: O'callaghan v. Rue, 996 P.2d 88 (Alaska 2000).
O'callaghan v. Rue, 996 P.2d 88 (Alaska 2000). “Sweat also argues that the Department may not authorize the commercial sale of roe, in light of AS 16.10.420(7). He contends that this statute only permits the sale of salmon eggs to the Department or to another hatchery for propagative purposes.”
— Alaska Stat. § 16.10.420(7) — 1 case
O'callaghan v. Rue, 996 P.2d 88 (Alaska 2000). “Sweat also argues that the Department may not authorize the commercial sale of roe, in light of AS 16.10.420(7). He contends that this statute only permits the sale of salmon eggs to the Department or to another hatchery for propagative purposes.”
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