(a) A person may not obstruct or interfere with the free passage or use by a person of any navigable water unless the obstruction or interference is

Attorney's Note

Under the Alaska Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class B misdemeanorup to 90 daysup to $2,000
For details, see Alaska Stat. § 12.55.135

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Terms Used In Alaska Statutes 38.05.128

  • commissioner: means the commissioner of natural resources. See Alaska Statutes 38.05.965
  • land: means all land, including shoreland, tideland , and submerged land, or resources belonging to or acquired by the state. See Alaska Statutes 38.05.965
  • navigable water: means any water of the state forming a river, stream, lake, pond, slough, creek, bay, sound, estuary, inlet, strait, passage, canal, sea or ocean, or any other body of water or waterway within the territorial limits of the state or subject to its jurisdiction that is navigable in fact in any season, whether in a frozen or liquid state, and for any useful public purpose, including water suitable for commercial navigation, floating of logs, landing and takeoff of aircraft, and public boating, trapping, hunting waterfowl and aquatic animals, fishing, or other public recreational purposes. See Alaska Statutes 38.05.965
  • person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
  • state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
(1) authorized by law or regulation or by a permit issued by a state agency;
(2) exempt under 33 U.S.C. § 1344 (f) (Clean Water Act);
(3) caused by the normal operation of freight barging that is otherwise consistent with law; or
(4) authorized by the commissioner after reasonable public notice.
(b) An unauthorized obstruction or interference is a public nuisance and is subject to abatement. The cost of abatement shall be borne by the violator and is in addition to any penalty imposed by the court.
(c) This section may not be construed to affect or abridge valid existing rights.
(d) Free passage or use of any navigable water includes the right to use land below the ordinary high water mark to the extent reasonably necessary to use the navigable water consistent with the public trust.
(e) Free passage or use of any navigable water includes the right to enter adjacent land above the ordinary high water mark as necessary to portage around obstacles or obstructions to travel on the water, provided

(1) entry is made without injury or damage to the land;
(2) entry is made in the least obtrusive manner possible;
(3) there is no reasonable alternative available to avoid the use of the adjacent land above the ordinary high water mark; and
(4) the navigable water is reentered immediately below the obstacle or obstruction at the nearest point where it is safe to do so.
(f) A violation of (a) of this section is a class B misdemeanor.