Alaska Statutes
Alaska Stat. § 16.10.440 (2026)
Regulations relating to released fish
✓ current as of July 2026
Find cases:
SyfertCases citing this section
AK-LEGakleg.gov
JustiaTitle on Justia
CornellLII Search
CasesGoogle Scholar
Sec. 16.10.440. Regulations relating to released fish.
(a) Fish released into the natural waters of the state by a hatchery operated under AS 16.10.400 — 16.10.470 are available to the people for common use and are subject to regulation under applicable law in the same way as fish occurring in their natural state until they return to the specific location designated by the department for harvest by the hatchery operator.
(b) The Board of Fisheries may, after the issuance of a permit by the commissioner, amend by regulation adopted in accordance with AS 44.62 (Administrative Procedure Act), the terms of the permit relating to the source and number of salmon eggs, the harvest of fish by hatchery operators, and the specific locations designated by the department for harvest. The Board of Fisheries may not adopt any regulations or take any action regarding the issuance or denial of any permits required in AS 16.10.400 — 16.10.470.
(a) Fish released into the natural waters of the state by a hatchery operated under AS 16.10.400 — 16.10.470 are available to the people for common use and are subject to regulation under applicable law in the same way as fish occurring in their natural state until they return to the specific location designated by the department for harvest by the hatchery operator.
(b) The Board of Fisheries may, after the issuance of a permit by the commissioner, amend by regulation adopted in accordance with AS 44.62 (Administrative Procedure Act), the terms of the permit relating to the source and number of salmon eggs, the harvest of fish by hatchery operators, and the specific locations designated by the department for harvest. The Board of Fisheries may not adopt any regulations or take any action regarding the issuance or denial of any permits required in AS 16.10.400 — 16.10.470.
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). “51 Pursuant to AS 16.10.440, 52 the salmon remain subject to the common use clause while in the natural waters of the state.”
— Alaska Stat. § 16.10.440(a) — 1 case
O'callaghan v. Rue, 996 P.2d 88 (Alaska 2000). “51 Pursuant to AS 16.10.440, 52 the salmon remain subject to the common use clause while in the natural waters of the state.”
— Alaska Stat. § 16.10.440(b) — 1 case
O'callaghan v. Rue, 996 P.2d 88 (Alaska 2000). “51 Pursuant to AS 16.10.440, 52 the salmon remain subject to the common use clause while in the natural waters of the state.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.