32-LS0293\B
HOUSE BILL NO. 64
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-SECOND LEGISLATURE - FIRST SESSION
BY REPRESENTATIVE STUTES
Introduced: 1/15/21
Referred: Prefiled
A BILL
FOR AN ACT ENTITLED
1 "An Act relating to regional fishery development associations; and relating to
2 developing fishery management assessments."
3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
4 * Section 1. AS 16.40 is amended by adding a new section to read:
5 Article 4A. Fishery Development Associations.
6 Sec. 16.40.255. Regional fishery development associations. (a) The
7 commissioner shall assist in and encourage the formation of qualified regional fishery
8 development associations for the purpose of developing new fisheries in the state.
9 (b) A regional fishery development association is qualified if the
10 commissioner determines that the regional fishery development association
11 (1) is incorporated as a nonprofit corporation under AS 10.20;
12 (2) represents commercial fishermen who
13 (A) for a new fishery,
14 (i) harvest fishery resources that would potentially be
HB0064a -1- HB 64
New Text Underlined [DELETED TEXT BRACKETED]
32-LS0293\B
1 included in the new fishery; and
2 (ii) are likely to participate in the fishery if the
3 commission grants permits for the fishery under AS 16.43.100 or
4 16.43.210(c); or
5 (B) for a fishery for which the commission grants permits
6 under AS 16.43.100 or 16.43.210(c), participate actively in the fishery;
7 (3) possesses a board of directors that
8 (A) is representative of commercial fishermen who meet the
9 criteria in (2) of this subsection;
10 (B) has a member who is representative of fish processors who
11 (i) are likely to process fishery resources from a new
12 fishery if the commission grants permits for the fishery under
13 AS 16.43.100 or 16.43.210(c); or
14 (ii) actively process fishery resources from the fishery
15 harvested under authority of permits granted by the commission under
16 AS 16.43.100 or 16.43.210(c);
17 (C) has a member who is representative of a municipality in
18 which the landings for the fishery occur or will occur if the commission grants
19 permits for the fishery under AS 16.43.100 or 16.43.210(c).
20 (c) The commissioner shall designate as a developing fishery the commercial
21 harvest of a species of fishery resources in a specific geographic area of the state if the
22 commissioner determines that
23 (1) the optimum yield from the harvest of the species of fishery
24 resources has not been reached;
25 (2) the abundance or sustained yield for the species of fishery
26 resources has not been estimated;
27 (3) a commercial harvest of the species of fishery resources has
28 recently developed; or
29 (4) annual stock assessments are not conducted in the area.
30 (d) In this section,
31 (1) "commission" means the Alaska Commercial Fisheries Entry
HB 64 -2- HB0064a
New Text Underlined [DELETED TEXT BRACKETED]
32-LS0293\B
1 Commission established under AS 16.43.020;
2 (2) "new fishery" means a prospective fishery within a specified
3 geographical region that is not currently regulated or controlled by the commission.
4 * Sec. 2. AS 37.05.146(c)(26) is amended to read:
5 (26) dive fishery management assessment receipts (AS 43.76.150),
6 salmon fishery assessment receipts (AS 43.76.220), developing fishery management
7 assessments receipts (AS 43.76.281), and permit buy-back assessment receipts
8 (AS 43.76.300);
9 * Sec. 3. AS 43.76 is amended by adding new sections to read:
10 Article 3A. Developing Fishery Management Assessment.
11 Sec. 43.76.281. Developing fishery management assessment. (a) A
12 developing fishery management assessment on fishery resources taken with
13 commercial gear shall be levied on the value of a specific fishery resource taken in a
14 developing fishery area. The species of fishery resources subject to the assessment and
15 the rate of the assessment, as determined under (b) - (m) of this section, shall be
16 determined by an election under AS 43.76.283.
17 (b) A person holding a limited entry permit or interim-use permit issued under
18 AS 16.43 shall pay a developing fishery management assessment of two and one-half
19 percent on a species of fishery resources that is subject to the assessment as
20 determined by an election under AS 43.76.283, that is taken with commercial gear,
21 and that the person removes from the state or transfers to a buyer in the state.
22 (c) A person holding a limited entry permit or interim-use permit issued under
23 AS 16.43 shall pay a developing fishery management assessment of five percent on a
24 species of fishery resources that is subject to the assessment as determined by an
25 election under AS 43.76.283, that is taken with commercial gear, and that the person
26 removes from the state or transfers to a buyer in the state.
27 (d) A person holding a limited entry permit or interim-use permit issued under
28 AS 16.43 shall pay a developing fishery management assessment of seven and one-
29 half percent on a species of fishery resources that is subject to the assessment as
30 determined by an election under AS 43.76.283, that is taken with commercial gear,
31 and that the person removes from the state or transfers to a buyer in the state.
HB0064a -3- HB 64
New Text Underlined [DELETED TEXT BRACKETED]
32-LS0293\B
1 (e) A person holding a limited entry permit or interim-use permit issued under
2 AS 16.43 shall pay a developing fishery management assessment of 10 percent on a
3 species of fishery resources that is subject to the assessment as determined by an
4 election under AS 43.76.283, that is taken with commercial gear, and that the person
5 removes from the state or transfers to a buyer in the state.
6 (f) A person holding a limited entry permit or interim-use permit issued under
7 AS 16.43 shall pay a developing fishery management assessment of 12 and one-half
8 percent on a species of fishery resources that is subject to the assessment as
9 determined by an election under AS 43.76.283, that is taken with commercial gear,
10 and that the person removes from the state or transfers to a buyer in the state.
11 (g) A person holding a limited entry permit or interim-use permit issued under
12 AS 16.43 shall pay a developing fishery management assessment of 15 percent on a
13 species of fishery resources that is subject to the assessment as determined by an
14 election under AS 43.76.283, that is taken with commercial gear, and that the person
15 removes from the state or transfers to a buyer in the state.
16 (h) A person holding a limited entry permit or interim-use permit issued under
17 AS 16.43 shall pay a developing fishery management assessment of 17 and one-half
18 percent on a species of fishery resources that is subject to the assessment as
19 determined by an election under AS 43.76.283, that is taken with commercial gear,
20 and that the person removes from the state or transfers to a buyer in the state.
21 (i) A person holding a limited entry permit or interim-use permit issued under
22 AS 16.43 shall pay a developing fishery management assessment of 20 percent on a
23 species of fishery resources that is subject to the assessment as determined by an
24 election under AS 43.76.283, that is taken with commercial gear, and that the person
25 removes from the state or transfers to a buyer in the state.
26 (j) A person holding a limited entry permit or interim-use permit issued under
27 AS 16.43 shall pay a developing fishery management assessment of 22 and one-half
28 percent on a species of fishery resources that is subject to the assessment as
29 determined by an election under AS 43.76.283, that is taken with commercial gear,
30 and that the person removes from the state or transfers to a buyer in the state.
31 (k) A person holding a limited entry permit or interim-use permit issued under
HB 64 -4- HB0064a
New Text Underlined [DELETED TEXT BRACKETED]
32-LS0293\B
1 AS 16.43 shall pay a developing fishery management assessment of 25 percent on a
2 species of fishery resources that is subject to the assessment as determined by an
3 election under AS 43.76.283, that is taken with commercial gear, and that the person
4 removes from the state or transfers to a buyer in the state.
5 (l) A person holding a limited entry permit or interim-use permit issued under
6 AS 16.43 shall pay a developing fishery management assessment of 27 and one-half
7 percent on a species of fishery resources that is subject to the assessment as
8 determined by an election under AS 43.76.283, that is taken with commercial gear,
9 and that the person removes from the state or transfers to a buyer in the state.
10 (m) A person holding a limited entry permit or interim-use permit issued
11 under AS 16.43 shall pay a developing fishery management assessment of 30 percent
12 on a species of fishery resources that is subject to the assessment as determined by an
13 election under AS 43.76.283, that is taken with commercial gear, and that the person
14 removes from the state or transfers to a buyer in the state.
15 (n) A developing fishery management assessment may be levied or collected
16 under this section on a fishery resource in a developing fishery area only if
17 (1) the commissioner of fish and game determines that the developing
18 fishery area has a qualified fishery development association under AS 16.40.255; and
19 (2) the species of fishery resources subject to the developing fishery
20 management assessment and the rate of the developing fishery management
21 assessment, as provided under (b) - (m) of this section, is approved by an election
22 under AS 43.76.283.
23 Sec. 43.76.283. Election to approve, amend, or terminate developing
24 fishery management assessment. (a) A qualified regional fishery development
25 association may conduct an election under this section after the commissioner of fish
26 and game approves
27 (1) the notice to be published by the qualified regional fishery
28 development association; the notice must describe the species of fishery resources
29 subject to the developing fishery management assessment and the rate of the
30 assessment to be approved, amended, or terminated at the election;
31 (2) the ballot to be used in the election; and
HB0064a -5- HB 64
New Text Underlined [DELETED TEXT BRACKETED]
32-LS0293\B
1 (3) the registration and voting procedure for the approval, amendment,
2 or termination of the developing fishery management assessment.
3 (b) The developing fishery management assessment is levied under
4 AS 43.76.281(b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (l), or (m), is amended under
5 AS 43.76.285, or is terminated under AS 43.76.287 on the effective date stated on the
6 ballot if
7 (1) the levy, amendment, or termination is approved by a majority vote
8 of the eligible interim-use permit and entry permit holders voting in the election held
9 in the developing fishery area; and
10 (2) the election results are certified by the commissioner of fish and
11 game.
12 (c) In conducting an election under this section, a qualified regional fishery
13 development association shall adopt the following procedures:
14 (1) the qualified regional fishery development association shall hold at
15 least one public meeting not less than 30 days before the date on which ballots must be
16 postmarked to be counted in the election to explain, as appropriate, the reason for
17 approval or amendment of the proposed developing fishery management assessment,
18 the reason for the proposed rate of the developing fishery management assessment, or
19 the reason for termination of the developing fishery management assessment and to
20 explain the registration and voting procedure to be used in the election; the qualified
21 regional fishery development association shall provide notice of the meeting by
22 (A) mailing the notice to each eligible interim-use permit and
23 entry permit holder;
24 (B) posting the notice in at least three public places in the
25 region; and
26 (C) publishing the notice in at least one newspaper of general
27 circulation in the developing fishery area at least once a week for two
28 consecutive weeks before the meeting;
29 (2) the qualified regional fishery development association shall mail
30 two ballots to each eligible interim-use permit and entry permit holder; the first ballot
31 shall be mailed not more than 45 days before the date ballots must be postmarked to
HB 64 -6- HB0064a
New Text Underlined [DELETED TEXT BRACKETED]
32-LS0293\B
1 be counted in the election; the second ballot shall be mailed not less than 15 days
2 before the date ballots must be postmarked to be counted in the election; the qualified
3 regional fishery development association shall adopt procedures to ensure that only
4 one ballot from each eligible interim-use permit and entry permit holder is counted in
5 the election;
6 (3) the ballot must
7 (A) indicate the species of fishery resources subject to the
8 developing fishery management assessment;
9 (B) indicate whether the election relates to a developing fishery
10 management assessment under AS 43.76.281(b), (c), (d), (e), (f), (g), (h), (i),
11 (j), (k), (l), or (m);
12 (C) ask the question whether the developing fishery
13 management assessment on the fishery resources addressed on the ballot shall
14 be approved, amended, or terminated, as appropriate;
15 (D) indicate the boundaries of the developing fishery area in
16 which the assessment will be levied or terminated;
17 (E) provide an effective date for the approval, amendment, or
18 termination of the developing fishery management assessment; and
19 (F) indicate the date on which returned ballots must be
20 postmarked in order to be counted;
21 (4) the ballots shall be returned by mail and shall be counted by an
22 auditor selected by the qualified regional fishery development association and
23 approved by the commissioner of fish and game; the qualified regional fishery
24 development association shall pay the costs of counting the ballots.
25 (d) The commissioner of fish and game shall certify the results of an election