HB 406: "An Act relating to waste and use of salmon and parts of salmon; relating to permits for and operation of a salmon hatchery; and providing for an effective date."

00HOUSE BILL NO. 406 01 "An Act relating to waste and use of salmon and parts of salmon; relating to 02 permits for and operation of a salmon hatchery; and providing for an effective 03 date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 16.05.831 is repealed and reenacted to read: 06  Sec. 16.05.831. WASTE OF SALMON. (a) A person may not waste salmon 07 intentionally, knowingly, or with reckless disregard for the consequences. In this 08 section, "waste" means the failure to use the majority of the carcass, excluding viscera 09 and sex parts, of a salmon. 10  (b) Notwithstanding (a) of this section, the commissioner, upon request, may 11 issue a permit authorizing 12  (1) the removal and sale of eggs, and the discard of the carcasses, of 13 salmon that 14  (A) originated from a hatchery; and

01  (B) return to a hatchery terminal area, a hatchery special harvest 02 area, or a hatchery remote release site and are determined by the commissioner 03 to be unsuitable for human consumption; or 04  (2) other uses of salmon that would be consistent with maximum and 05 wise use of the resource. 06  (c) The commissioner may adopt regulations to implement (b) of this section. 07  (d) A person who violates this section or a regulation adopted under this 08 section is punishable by a fine of not more than $10,000, or by imprisonment for not 09 more than six months, or by both. In addition, a person who violates this section is 10 subject to a civil action by the state for the cost of replacing the salmon wasted. 11 * Sec. 2. AS 16.10.420 is amended to read: 12  Sec. 16.10.420. CONDITIONS OF A PERMIT. The department shall require, 13 in a permit issued to a hatchery operator, that 14  (1) salmon eggs procured by the hatchery must be from the department 15 or a source approved by the department; 16  (2) salmon eggs or resulting fry may not be placed in waters of the 17 state other than those specifically designated in the permit; 18  (3) salmon eggs or resulting fry, sold to a permit holder by the state 19 or by another party approved by the department, may not be resold or otherwise 20 transferred to another person; 21  (4) salmon may not be released by the hatchery before department 22 approval, and, for purposes of pathological examination and approval, the department 23 shall be notified of the proposed release of salmon at least 15 days before the date of 24 their proposed release by the hatchery; 25  (5) diseased salmon be destroyed in a specific manner and place 26 designated by the department; 27  (6) adult salmon be harvested by hatchery operators only at specific 28 locations as designated by the department; 29  (7) surplus viable eggs from salmon returning to the hatchery be made 30 available for sale first to the department and then, after inspection and approval by the 31 department, to operators of other hatcheries authorized by permit to operate under

01 AS 16.10.400 - 16.10.470; 02  (8) if surplus viable salmon eggs are sold by a permit holder to another 03 permit holder, a copy of the sales transaction be provided to the department; 04  (9) [REPEALED 05  (10)] a hatchery be located in an area where a reasonable segregation 06 from natural stocks occurs, but, when feasible, in an area where returning hatchery fish 07 will pass through traditional salmon fisheries. 08 * Sec. 3. AS 16.10.440(b) is amended to read: 09  (b) The Board of Fisheries may, after the issuance of a permit by the 10 commissioner, amend by regulation adopted in accordance with AS 44.62 11 (Administrative Procedure Act), the terms of the permit relating to the source and 12 number of salmon eggs from wild stock to be incubated, the harvest of fish by 13 hatchery operators, and the specific locations designated by the department for harvest. 14 The Board of Fisheries may not adopt any regulations or take any action regarding the 15 issuance or denial of any permits required in AS 16.10.400 - 16.10.470. 16 * Sec. 4. AS 16.10.450(a) is amended to read: 17  (a) Except as otherwise provided in a contract for the operation of a hatchery 18 under AS 16.10.480, a hatchery operator who sells salmon returning from the natural 19 waters of the state, [OR] sells viable salmon eggs to another hatchery operating under 20 AS 16.10.400 - 16.10.470, or sells salmon eggs as authorized by a permit issued 21 under AS 16.05.831(b), after utilizing the funds for reasonable operating costs, 22 including debt retirement, expanding its facilities, salmon rehabilitation projects, 23 fisheries research, or costs of operating the qualified regional association for the area 24 in which the hatchery is located, shall expend the remaining funds on other fisheries 25 activities of the qualified regional association. 26 * Sec. 5. AS 16.10.470(a) is amended to read: 27  (a) A person who holds a permit for the operation of a salmon hatchery under 28 AS 16.10.400 - 16.10.470 shall submit an annual report no later than December 15 to 29 the department and to the qualified regional association for the area in which the 30 hatchery is located, to include [BUT NOT BE LIMITED TO] information pertaining 31 to species; brood stock source; number, age, weight, and length of spawners; number

01 of eggs taken for incubation and fry fingerling produced; and the number, age, 02 weight, and length of adult returns attributable to hatchery releases, on a form to be 03 provided by the department. 04 * Sec. 6. AS 16.40.210(b) is amended to read: 05  (b) This section does not restrict 06  (1) the fishery rehabilitation, enhancement, or development activities 07 of the department; 08  (2) the ability of a nonprofit corporation that holds a salmon hatchery 09 permit under AS 16.10.400 to sell 10  (A) salmon returning from the natural water of the state, as 11 authorized under AS 16.10.450; 12  (B) [, OR] surplus viable salmon eggs, as authorized under 13 AS 16.10.420 and 16.10.450; or 14  (C) salmon eggs, as authorized by a permit issued under 15 AS 16.05.831(b); 16  (3) rearing and sale of ornamental finfish for aquariums or ornamental 17 ponds provided that the fish are not reared in or released into water of the state. 18 * Sec. 7. AS 17.20.347(1) is amended to read: 19  (1) "donor" includes 20  (A) a person, farmer, retailer, slaughterhouse under state 21 supervision, freight company, distributor, wholesaler, meat processor, seafood 22 processor, or similar entity; 23  (B) [, AND] a person who acts in a commercial capacity as a 24 manufacturer, packer, processor, bottler, or similar entity, even if that activity 25 is the person's primary activity; and 26  (C) the operator of a salmon hatchery who holds a permit 27 under AS 16.10.400 and who donates salmon to a food bank; 28 * Sec. 8. This Act takes effect immediately under AS 01.10.070(c).