Oops I already asked
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I'd like to thank to Samuel Rabung of the Alaska Department of Fish and Game for putting together this information which I'm certain took a fair portion of his time . First I asked him a number of questions regarding what is permitted in Alaska. His first reply gives you an excellent explanation overall of how the law works in Alaska. I've removed some spaces caused by email formatting and put in a few x's
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Good morning xxxx,
Alaska has very stringent rules about propagative activities for aquatic species. Importation of live finfish into the State, and finfish farming are not legal, with the exception of ornamental (nonfood) fish such as aquaria fish.
Alaska is a common property state, so native species belong to all the people. Any transport and possession is strictly regulated and live transport and possession of native species is not legal except under a permit for specific activities. There are only two permit types available that authorize transport, possession, propagation or rearing of finfish and they are limited to scientific and educational projects, or for nonprofit salmon hatcheries designed to contribute additional harvest for common property fisheries.
We receive a lot of inquiries from people who would like to operate personal aquaponics setups and unfortunately, unless they use ornamental fishes, it is illegal in Alaska under current laws.
I wish I had better news for you. I hope this is helpful.
Take care,
Sam
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I asked about sharing his email, about the situation dtsjohn suggested, and about what laws need to be changed so that food fish would be permitted and about whether they were based on cultural or disease issues. Here is his reply (The bold faced sections were highlighted in his email and are the sections that would need to change).
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Sure, feel free to share as you see fit. The laws are based on a concern for disease introduction. Below is one of the primary regulations and definition of ornamental fish.
5 AAC 41.070. Prohibitions on importation and release of live fish.
(a) Except as provided in (b) — (d) of this section, no person may import any live fish into the state for purposes of stocking or rearing in the waters of the state.
(b) Live oysters native to and originating from the Pacific Coast of North America may be imported for aquaculture purposes, under a permit required by this chapter, and may be released into the waters of the state only if the
(1) broodstock is derived from oysters commercially cultured on the Pacific Coast of North America through three or more generations; and
(2) disease history or an inspection indicates no incidence of disease that is not indigenous to the state or is not considered to be a risk to indigenous stocks, and oyster health or marketability.
(c) Ornamental fish not raised for human consumption or sport fishing purposes may be imported into the state, but may not be reared in or released into the waters of the state. Fish wastes and waste water from ornamental fish may not be released directly into the waters of the state.
(d) Weathervane scallops originating from wild stocks or cultured stocks in the Southeastern Alaska and Yakutat Areas may be imported for aquaculture purposes and may be released only into the waters of the Southeastern Alaska and Yakutat Areas under a permit required by this chapter only if the
(1) broodstock was taken under the provisions of a permit issued by the department;
(2) broodstock was certified by the department’s fish pathology section before transport out of the state;
(3) broodstock was held continuously in a department-approved isolation facility;
(4) weathervane scallops proposed for import have been held continuously in a department-approved isolation facility before import into the state;
(5) disease history, or an inspection, of the weathervane scallops proposed for import indicates no incidence of a disease of transport significance.
(e) A person may not import, own, possess, breed, transport, distribute, release, purchase or sell within this state any species listed under 50 C.F.R. 16.13, as revised as of October 1, 2002, as an injurious live, or dead fish, mollusk, crustacean, or their eggs.
(In effect before 1988; am 9/19/90, Register 115; am 4/30/91, Register 118; am 8/8/2007, Register 183; am 2/24/2011, Register 197) Authority: AS 16.05.251
5 AAC 41.100. Definitions.
In addition to the definitions set out in AS 01.10.060 and AS 16.05.940, in 5 AAC 41.001 — 5 AAC 41.100
(4) “ornamental fish” means a fish commonly known as “tropical fish,” “aquarium fish,” or “goldfish,” which are imported, cultured, or sold in the state customarily for viewing in aquaria or for raising in artificial systems, and not customarily used for sport fishing or human consumption purposes;
(7) “fish” means any species of aquatic fish, invertebrate, and amphibian in any stage of their life cycle found in or introduced into the state, except where specifically designated finfish or shellfish.
(In effect before 1988; am 2/24/2011, Register 197) Authority: AS 16.05.251
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I think there is an opportunity here to re-write the law so that certain non-native species that are often considered ornamentals could be grown for consumption in Recirculating Aquaponic systems. Like Channel Catfish, Tilapia (Tropical but blue tilapia can take lower temps), some types of Gouramis (tropical), and Oscars (tropical) to name just a few. The state would need some guarantees back like
1. Recirculating system with no water discharged directly to any of the states waterways.
2. Protection from predators to prevent incidental introduction of fish or diseases into state waterways.
3. For personal consumption.
4. Whether you're in an area prone to flooding might be important as well.
I'm not sure if they'd allow breeding and rearing your own fish to replace the ones consumed. Seems like it ought to be OK as long as your just raising a new batch to eat and not selling them but I don't know and they are very restrictive currently.
Right now though, it's definitely not legal to raise fish for consumption because by definition they are no longer considered an ornamental - that's how I read it anyway
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cheers
Backyard Aquaponics
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