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HB 390: "An Act relating to the nonresident anadromous king salmon tag and the anadromous king salmon stamp; requiring nonresident alien sport fishermen to be accompanied by a sport fishing guide; and providing for an effective date."

00 HOUSE BILL NO. 390                                                                                                      
01 "An Act relating to the nonresident anadromous king salmon tag and the                                                  
02 anadromous king salmon stamp; requiring nonresident alien sport fishermen to be                                         
03 accompanied by a sport fishing guide; and providing for an effective date."                                             
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1.  PURPOSE.  It is the purpose of this Act to implement a management program                              
06 for anadromous king salmon that recognizes the limited availability of anadromous king                                  
07 salmon and preserves the opportunity to harvest this special resource by as many people as                              
08 possible by encouraging nonresident sport anglers to recognize anadromous king salmon as                                
09 a trophy fish and to take fewer anadromous king salmon.  Anadromous king salmon is a                                    
10 premier fish species targeted by nonresident sport anglers in the same manner as nonresident                            
11 hunters target Alaska trophy game animals that are subject to state imposed tag requirements.                           
12 The take of anadromous king salmon is limited by the unique habitat requirements of king                                
13 salmon, increased fishing effort by nonresident sport anglers, the needs of resident sport                              
14 anglers, allocations of anadromous king salmon among different users by the Alaska Board                                
01 of Fisheries, and the mandates of international treaties.  It is also the purpose of this Act to                        
02 generate revenue for the fish and game fund that can be used to protect king salmon habitat                             
03 and conduct beneficial biological and management research on king salmon.                                               
04    * Sec. 2.  AS 16.05 is amended by adding a new section to read:                                                      
05  Sec. 16.05.348.  ANADROMOUS KING SALMON TAG.  (a)  A nonresident                                                      
06 may not                                                                                                                 
07   (1)  engage in sport fishing for anadromous king salmon without having                                               
08 a valid unused anadromous king salmon tag in the person's actual possession;                                            
09   (2)  possess a king salmon that does not bear a securely attached                                                    
10 anadromous king salmon tag; or                                                                                          
11   (3)  reuse or attempt to reuse an anadromous king salmon tag.                                                        
12  (b)  A nonresident king salmon tag entitles a nonresident to take one                                                 
13 anadromous king salmon in accordance with applicable law and is not transferrable to                                    
14 another person.                                                                                                         
15  (c)  A nonresident shall receive one anadromous king salmon tag for no charge                                         
16 when the nonresident obtains the nonresident's first nonresident anadromous king                                        
17 salmon stamp during a calendar year.  Subsequent tags obtained during a calendar year                                   
18 may be obtained only upon payment of the fee set out under AS 16.05.340(a).                                             
19  (d)  Each anadromous king salmon tag must be uniquely numbered and consist                                            
20 of two parts.  Upon taking an anadromous king salmon, a nonresident shall                                               
21 immediately and securely attach one part of the tag to the king salmon.  The tag must                                   
22 remain attached to the king salmon until the king salmon is processed, consumed, or                                     
23 removed from the state.  The nonresident shall immediately complete the information                                     
24 requested on the second part of the tag.  The second part of the tag must be returned                                   
25 to the department within 30 days after the king salmon is taken.  The department shall                                  
26 determine what relevant information is requested on the second part of the tag.                                         
27  (e)  If a person obtains three or more anadromous king salmon tags during a                                           
28 calendar year, the person may return the third and subsequent tags, if the tags are                                     
29 unused, for a refund of the fee paid for the tags.  In order to receive a refund, an                                    
30 unused tag must be returned to the department by December 31 of the calendar year                                       
31 in which the tag was purchased.  The department may charge a fee, set by regulation,                                    
01 for processing the request for a refund of the purchase price of an unused tag.                                         
02  (f)  This section does not apply to a nonresident who is under the age of 16                                          
03 years.                                                                                                                  
04    * Sec. 3.  AS 16.05.110 is amended to read:                                                                          
05  Sec. 16.05.110.  COMPOSITION OF FUND.  The fish and game fund shall be                                                
06 made up of the following money and other money the legislature appropriates, which                                      
07 shall be deposited and retained in the fund until expended:                                                             
08   (1)  money received from the sale of state sport fishing, hunting, and                                               
09 trapping licenses, special permits, anadromous king salmon stamps, anadromous                                          
10 king salmon tags, and waterfowl conservation tags purchased by hunters;                                                
11   (2)  proceeds received from the sale of furs, skins, and specimens taken                                             
12 by predator hunters and other employees;                                                                                
13   (3)  money received in settlement of a claim or loss caused by damage                                                
14 to the fish and game resources of the state;                                                                            
15   (4)  money received from federal, state, or other governmental unit, or                                              
16 from a private donor for fish and game purposes;                                                                        
17   (5)  interest earned upon money in the fund;                                                                         
18   (6)  money from any other source.                                                                                    
19    * Sec. 4.  AS 16.05.130(a) is amended to read:                                                                       
20  (a)  Except as provided in (c) of this section, money accruing to the state from                                      
21 sport fishing, hunting, and trapping licenses or stamp, tag, or permit fees may not be                                
22 diverted to a purpose other than the protection, propagation, investigation, and                                        
23 restoration of sport fish and game resources and the expenses of administering the                                      
24 sport fish and game divisions of the department.                                                                        
25    * Sec. 5.  AS 16.05.130(d) is amended to read:                                                                       
26  (d)  Revenue from the sale of general hunting, trapping, and fishing licenses,                                       
27 stamps, and tags together with the federal matching funds from Pittman - Robertson,                                    
28 Dingell - Johnson/Wallop - Breaux programs shall be allocated by the department to                                      
29 programs intended to directly benefit license purchasers of general hunting, trapping,                                  
30 and fishing licenses.  The department shall prepare an annual report by project of                                      
31 expenditures from the fish and game fund and notify the legislature that the report is                                  
01 available.                                                                                                              
02    * Sec. 6.  AS 16.05.330(a) is amended to read:                                                                       
03  (a)  Except as otherwise permitted in this chapter, without having the                                                
04 appropriate license, stamp, or tag in actual possession a person may not engage in                                    
05   (1)  sport fishing, including the taking of razor clams;                                                             
06   (2)  hunting, trapping, or fur dealing;                                                                              
07   (3)  the farming of fish, fur, or game; or                                                                           
08   (4)  taxidermy.                                                                                                      
09    * Sec. 7.  AS 16.05.330(b) is amended to read:                                                                       
10  (b)  When obtaining the appropriate license, stamp, or tag in (a) of this section,                                  
11 an applicant who asserts residency in the state shall provide the license vendor with                                   
12 the proof of residence that the department requires by regulation.                                                      
13    * Sec. 8.  AS 16.05.330(d) is amended to read:                                                                       
14  (d)  A person may not receive a sport fishing, hunting, or trapping license or                                        
15 other permit, stamp, or tag issued under AS 16.05.330 - 16.05.430, if the person's                                    
16 right to obtain, or exercise the privileges granted by, a sport fishing, hunting, or                                    
17 trapping license is suspended or revoked in another state.  A person who applies for                                    
18 a sport fishing, hunting, or trapping license or other permit, stamp, or tag issued under                             
19 AS 16.05.330 - 16.05.430 shall sign a statement that the person's right to obtain, or                                   
20 exercise the privileges granted by, a sport fishing, hunting, or trapping license is not                                
21 suspended or revoked in another state.                                                                                  
22    * Sec. 9.  AS 16.05.335 is amended to read:                                                                          
23  Sec. 16.05.335.  COMPLIMENTARY LICENSES.  The commissioner shall                                                      
24 annually, at the request of the governor, provide the governor with not more than 50                                    
25 complimentary fishing and hunting licenses and appropriate big game tags and sport                                     
26 fish stamps and tags that [WHICH] the governor may distribute to distinguished                                         
27 visitors to the state for their use in any one season during their visits to the state.  The                            
28 complimentary license for sport fishing or hunting or both shall be inscribed by the                                    
29 governor with the inclusive dates for its authorized use.  The governor shall advise the                                
30 department on any complimentary issuances, which information shall be available to                                      
31 the public.                                                                                                             
01    * Sec. 10.  AS 16.05.340(a)(23) is amended to read:                                                                  
02   (23)  Resident anadromous king salmon stamp [TAG] . . . . . . . . . . . . . . 10                                   
03 A resident may not engage in sport fishing for anadromous king salmon without                                          
04 having the current year's anadromous king salmon stamp [TAG] in the resident's                                        
05 actual possession, unless that person                                                                                   
06   (A)  qualifies for a 25 cent license fee under (1) of this                                                          
07 subsection;                                                                                                             
08   (B)  is under the age of 16 years;                                                                                
09   (C)  is 60 years of age or older and has been a resident of the                                                     
10 state for at least one year;                                                                                            
11   (D)  is a disabled veteran eligible for a free license under                                                        
12 AS 16.05.341; or                                                                                                        
13   (E)  qualifies for a $5 license fee under (6) of this subsection.                                                   
14    * Sec. 11.  AS 16.05.340(a)(24) is amended to read:                                                                  
15   (24)  Nonresident anadromous king salmon stamp [TAG] - valid for the                                               
16 period inscribed on the tag                                                                                             
17   (A)  for a one-day stamp [TAG] . . . . . . . . . . . . . . . . . . . . . . .$10                                   
18   (B)  for a three-day stamp [TAG] . . . . . . . . . . . . . . . . . . . . . . 15                                   
19   (C)  for a 14-day or annual stamp [TAG]. . . . . . . . . . . . . . . . . . .35.                                   
20 A nonresident may not engage in sport fishing for anadromous king salmon without                                       
21 having a valid anadromous king salmon stamp [TAG] in the person's actual                                              
22 possession, unless that person is under the age of 16 years.  However, members of the                                 
23 military service on active duty who are permanently stationed in the state, and their                                   
24 dependents, who do not qualify as residents under AS 16.05.940, may obtain an annual                                    
25 nonresident military anadromous king salmon stamp [TAG] for $20.                                                      
26    * Sec. 12.  AS 16.05.340(a) is amended by adding a new paragraph to read:                                            
27   (25)  Nonresident anadromous king salmon tag                                                                         
28   (A)  first anadromous king salmon tag. . . . . . . . . . . . . . . . . .no charge                                   
29   (B)  second anadromous king salmon tag . . . . . . . . . . . . . . . . . . . $100                                   
30   (C)  third anadromous king salmon tag. . . . . . . . . . . . . . . . . . . . .200                                   
31   (D)  fourth anadromous king salmon tag . . . . . . . . . . . . . . . . . . . .300                                   
01   (E)  fifth anadromous king salmon tag. . . . . . . . . . . . . . . . . . . . .400                                   
02   (F)  sixth and each subsequent anadromous king salmon tag                                                           
03  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .500                                   
04 Members of the military service on active duty who are permanently stationed in the                                    
05 state, and their dependents, who do not qualify as residents under AS 16.05.940, may                                    
06 obtain an anadromous king salmon tag for one-half of the fee set out in this paragraph.                                 
07    * Sec. 13.  AS 16.05.340(c) is amended to read:                                                                      
08  (c)  The commissioner may issue a duplicate license, duplicate stamp, or a                                          
09 duplicate tag as a replacement for a license, stamp, or tag issued under (a) of this                                  
10 section.  A fee of $5 shall be charged for each duplicate license, stamp, or tag;                                     
11 however, a fee of $2 shall be charged for each duplicate of reduced fee license issued                                  
12 to an indigent or low income person under (a)(6) of this section.  The duplicate                                        
13 license, stamp, or tag may not be issued unless the commissioner or a delegate is                                     
14 satisfied that the original has been lost or destroyed.                                                                 
15    * Sec. 14.  AS 16.05.350 is amended to read:                                                                         
16  Sec. 16.05.350.  EXPIRATION OF LICENSES, STAMPS, AND TAGS.  (a)                                                   
17 Licenses, stamps, and tags required under AS 16.05.330 - 16.05.430, except biennial                                   
18 licenses, the nonresident special sport fishing license, the resident trapping license, the                             
19 one, three, or 14-day nonresident anadromous king salmon stamp [TAG], and the                                         
20 waterfowl conservation tag, expire at the close of December 31 following issuance.                                      
21  (b)  Biennial licenses expire after December 31 of the year following the year                                      
22 of issuance.                                                                                                            
23  (c)  The resident trapping license expires at the close of September 30 of the                                      
24 year following the year in which the license is issued.                                                                 
25  (d)  The waterfowl conservation tag expires at the close of January 31 of the                                       
26 year following the year of issue of the tag.                                                                            
27    * Sec. 15.  AS 16.05.380 is amended to read:                                                                         
28  Sec. 16.05.380.  COMMISSIONER MAY APPOINT AGENTS.  The                                                                
29 commissioner may appoint state employees or other persons to take applications, issue                                   
30 licenses, stamps, and tags, and collect fees.  The commissioner is not liable for                                     
31 defalcation or failure to account for the fees collected by a [ANY] person so                                         
01 appointed, but the commissioner shall require a bond in an adequate sum, conditioned                                    
02 upon faithfully accounting for all money collected.  However, the commissioner may                                      
03 waive the bond requirements of an instrumentality of the United States or its agents                                    
04 and employees, when the instrumentality or its agents or employees sell licenses,                                      
05 stamps, and tags primarily to persons in the armed forces.  Each person, upon                                          
06 appointment by the commissioner, may administer oaths on applications for licenses,                                    
07 stamps, and tags.                                                                                                      
08    * Sec. 16.  AS 16.05.390(a) is amended to read:                                                                      
09  (a)  Except as provided in (e) of this section, an agent appointed by the                                             
10 commissioner under AS 16.05.380 to sell licenses, stamps, and tags is entitled to                                     
11   (1)  retain five percent of the fee that is charged for a license, stamp,                                          
12 or tag or 25 cents for each license or tag sold, whichever is greater; and                                              
13   (2)  compensation of $50 per year or $1 for each license, stamp, or tag                                            
14 sold during the year, whichever is greater.                                                                             
15    * Sec. 17.  AS 16.05.390(b) is amended to read:                                                                      
16  (b)  Each agent appointed to sell licenses, stamps, or tags under AS 16.05.380                                      
17 shall, as directed by the commissioner, transmit the proceeds from the sales of licenses,                              
18 stamps, and tags, except the amount authorized to be retained under (a)(1) of this                                     
19 section, together with a report of the sales, to the commissioner for deposit in the fish                               
20 and game fund or the general fund.                                                                                      
21    * Sec. 18.  AS 16.05.390(c) is amended to read:                                                                      
22  (c)  On March 31, June 30, September 30, and December 31 of each year the                                             
23 commissioner shall calculate the compensation earned by an agent under (a)(2) of this                                   
24 section, minus the penalties assessed under (g) of this section.  If the compensation due                               
25 exceeds $50, the commissioner shall pay the compensation not later than 30 days after                                   
26 the date for which the compensation was calculated.  If the compensation due is $50                                     
27 or less, the commissioner shall pay the compensation not later than January 30 of the                                   
28 year following the year in which the compensation was earned.  The commissioner                                         
29 shall pay compensation only for sales of licenses, stamps, or tags for which the                                      
30 commissioner has received the report and proceeds required to be transmitted under                                      
31 (b) of this section.                                                                                                    
01    * Sec. 19.  AS 16.05.390(e) is amended to read:                                                                      
02  (e)  The provisions of (a) of this section do not apply to a state employee                                           
03 appointed by the commissioner under AS 16.05.380 to sell licenses, stamps, and tags.                                  
04    * Sec. 20.  AS 16.05.390(f) is amended to read:                                                                      
05  (f)  Proceeds and reports under (b) of this section shall be transmitted to the                                       
06 commissioner by the last day of the month following the month in which the licenses,                                   
07 stamps, and tags are sold, unless an alternative reporting schedule has been established                               
08 by contract.                                                                                                            
09    * Sec. 21.  AS 16.05.405(c) is amended to read:                                                                      
10  (c)  Notwithstanding AS 16.05.420(c), a resident holding a valid noncommercial                                        
11 fishing license may take fish on behalf of a person who is blind, a person with                                         
12 physical disabilities, or a person who is 65 years of age or older if the resident                                      
13 possesses on the resident's person                                                                                      
14   (1)  a document signed by the person on whose behalf the fish is taken,                                              
15 stating that the resident possesses the person's sport fishing license, subsistence fishing                             
16 permit, personal use fishing permit, or permanent identification card in order to take                                  
17 fish on behalf of that person; and                                                                                      
18   (2)  the person's                                                                                                    
19   (A)  resident sport fishing license issued under AS 16.05.403 or                                                    
20 permanent identification card issued under AS 16.05.400(b); and the person's                                           
21 resident anadromous king salmon stamp, if appropriate;                                                                 
22   (B)  resident subsistence fishing permit issued under                                                               
23 AS 16.05.403; or                                                                                                        
24   (C)  resident personal use fishing permit issued under                                                              
25 AS 16.05.403.                                                                                                           
26    * Sec. 22.  AS 16.05.405(e) is amended to read:                                                                      
27  (e)  A resident who takes, or attempts to take, fish or game on behalf of a                                           
28 person under this section may also simultaneously engage in fishing or hunting for the                                  
29 resident's use; however, the resident may not take or attempt to take fish or game by                                   
30 proxy for more than one person at a time.  For the purposes of this subsection, a                                       
31 resident is engaged in taking, or attempting to take, fish or game by proxy while the                                   
01 resident has possession of                                                                                              
02   (1)  another person's                                                                                                
03   (A)  license, permit, or identification card;                                                                    
04   (B)  resident anadromous king salmon stamp, if appropriate;                                                        
05 and                                                                                                                     
06   (C)  [THE OTHER PERSON'S] signed document under (b)(1)                                                            
07 or (c)(1) of this section; or                                                                                           
08   (2)  fish or game taken on behalf of another person.                                                                 
09    * Sec. 23.  AS 16.05.405(f) is amended to read:                                                                      
10  (f)  A resident who takes fish or game on behalf of another person under this                                         
11 section shall                                                                                                           
12   (1)  complete reports relating to the taking of the fish or game as                                                  
13 required by the commissioner of fish and game under AS 16.05.370;                                                       
14   (2)  deliver all parts of fish and game removed from the field to the                                                
15 person on whose behalf the fish or game was taken within a reasonable time after the                                    
16 fish or game is taken;                                                                                                  
17   (3)  until the fish or game is delivered to the person on whose behalf                                              
18 the fish or game was taken, retain the person's                                                                       
19   (A)  license or permit; and if appropriate the person's                                                           
20 resident anadromous king salmon stamp; and                                                                             
21   (B)  [THE] signed document required under (b)(1) or (c)(1) of                                                     
22 this section [OF THE PERSON ON WHOSE BEHALF THE FISH OR GAME                                                            
23 IS TAKEN UNTIL THE FISH OR GAME IS DELIVERED TO THAT                                                                    
24 PERSON].                                                                                                                
25    * Sec. 24.  AS 16.05.408(a) is amended to read:                                                                      
26  (a)  It is a class A misdemeanor for a nonresident alien to                                                         
27   (1)  [TO] hunt, pursue, or take marine mammals unless personally                                                     
28 accompanied by a licensed marine mammal guide-outfitter; [OR]                                                           
29   (2)  [TO] hunt, pursue, or take a big game animal as defined by the                                                  
30 Board of Game unless personally accompanied by a guide-outfitter, a class-A assistant                                   
31 guide-outfitter, or an assistant guide-outfitter licensed under AS 08.54; or                                           
01   (3)  take anadromous king salmon in a sport fishery unless                                                           
02 personally accompanied by the owner or employee of a sport fishing guide                                                
03 business that is registered with the department under regulations adopted by the                                        
04 Board of Fisheries.                                                                                                    
05    * Sec. 25.  AS 16.05.420 is amended to read:                                                                         
06  Sec. 16.05.420.  LICENSE, STAMP, TAG, AND PERMIT VIOLATIONS.                                                        
07 (a)  A false statement of a material fact in an application for a license, stamp, tag, or                             
08 permit issued under AS 16.05.330 - 16.05.430 voids the license, stamp, tag, or permit                                 
09 for which the application is made.                                                                                      
10  (b)  Except as provided in AS 16.05.408(b), a person who knowingly makes                                              
11 a false statement, or knowingly omits a material fact, in an application for a license,                                
12 stamp, tag, or permit issued under AS 16.05.330 - 16.05.430 is guilty of unsworn                                       
13 falsification under AS 11.56.210.                                                                                       
14  (c)  A person to whom a license, stamp, or tag has been issued under this                                           
15 chapter may not alter, change, loan, or transfer the license, stamp, or tag.  A person                                
16 may not use a license, stamp, or tag that has been issued under this chapter to another                               
17 person.                                                                                                                 
18    * Sec. 26.  This Act takes effect January 1, 1997.