CSHB 198(FSH): "An Act relating to regional dive fishery development associations and to dive fishery management assessments; and providing for an effective date."
00CS FOR HOUSE BILL NO. 198(FSH) 01 "An Act relating to regional dive fishery development associations and to dive 02 fishery management assessments; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 16.40 is amended by adding a new section to read: 05 Article 4. Development of Dive Fisheries. 06 Sec. 16.40.240. Regional dive fishery development associations. (a) The 07 commissioner shall assist in and encourage the formation of qualified regional dive 08 fishery development associations for the purpose of developing dive fisheries in 09 administrative areas of the state in which dive fisheries exist. A regional dive fishery 10 development association is qualified if the commissioner determines that the regional 11 association 12 (1) is incorporated as a nonprofit corporation under AS 10.20; 13 (2) represents commercial fishermen who participate in each dive 14 fishery in the region; and
01 (3) possesses a board of directors that 02 (A) is representative of commercial dive fishermen who fish in 03 each of the significant commercial dive fishing areas in the administrative area; 04 (B) has a member who is representative of fish processors who 05 process dive fishery resources in the administrative area; and 06 (C) has a member who is representative of municipalities in the 07 administrative area. 08 (b) In this section, "administrative area" has the meaning given in 09 AS 43.76.210. 10 * Sec. 2. AS 43.76 is amended by adding new sections to read: 11 Article 3. Dive Fishery Management Assessment. 12 Sec. 43.76.150. Dive fishery management assessment. (a) A person holding 13 a limited entry permit for dive gear or an interim-use permit for dive gear issued under 14 AS 16.43 shall pay a dive fishery management assessment on fishery resources taken 15 by dive gear that the person removes from the state or transfers to a buyer in the state. 16 The species of fishery resources subject to the assessment and the rate of the 17 assessment, as a percentage of the value of the fishery resource, must be determined 18 by an election under AS 43.76.160. 19 (b) A dive fishery management assessment under (a) of this section may only 20 be levied or collected on a fishery resource in an administrative area if 21 (1) there exists in that administrative area an association determined by 22 the commissioner of fish and game to be a qualified regional dive fishery development 23 association under AS 16.40.240; and 24 (2) the species of fishery resource subject to the dive fishery 25 management assessment and the rate of the dive fishery management assessment is 26 approved by an election under AS 43.76.160. 27 Sec. 43.76.160. Election to approve, amend, or terminate dive fishery 28 management assessment. (a) A qualified regional dive fishery development 29 association may conduct an election under this section after the commissioner of fish 30 and game approves 31 (1) the notice to be published by the qualified regional dive fishery
01 development association; the notice must describe the species of fishery resources 02 subject to the dive fishery management assessment and must include the rate of the 03 dive fishery management assessment, as a percentage of the value of the fishery 04 resource, to be approved, amended, or terminated at the election; 05 (2) the ballot to be used in the election; and 06 (3) the registration and voting procedure for the approval, amendment, 07 or termination of the dive fishery management assessment. 08 (b) The dive fishery management assessment is levied under AS 43.76.150 in 09 an administrative area on the effective date stated on the ballot if 10 (1) the assessment is approved by a majority vote of the eligible 11 interim-use permit and entry permit holders voting in an election held in the 12 administrative area under this section; and 13 (2) the election results are certified by the commissioner of fish and 14 game. 15 (c) In conducting an election under this section, a qualified regional dive 16 fishery development association shall adopt the following procedures: 17 (1) the qualified regional dive fishery development association in the 18 administrative area shall hold at least one public meeting not less than 30 days before 19 the date on which ballots must be postmarked to be counted in the election to explain, 20 as appropriate, the reason for approval or amendment of the proposed dive fishery 21 management assessment, the reason for the proposed rate of the dive fishery 22 management assessment, or the reason for termination of the dive fishery management 23 assessment and to explain the registration and voting procedure to be used in the 24 election; the qualified regional dive fishery development association shall provide 25 notice of the meeting by 26 (A) mailing the notice to each eligible interim-use permit and 27 entry permit holder; 28 (B) posting the notice in at least three public places in the 29 administrative area; and 30 (C) publishing the notice in at least one newspaper of general 31 circulation in the administrative area at least once a week for two consecutive
01 weeks before the meeting; 02 (2) the qualified regional dive fishery development association shall 03 mail two ballots to each eligible interim-use permit and entry permit holder; the first 04 ballot shall be mailed not more than 45 days before the date ballots must be 05 postmarked to be counted in the election; the second ballot shall be mailed not less 06 than 15 days before the date ballots must be postmarked to be counted in the election; 07 the qualified regional dive fishery development association shall adopt procedures to 08 ensure that only one ballot from each eligible interim-use permit and entry permit 09 holder is counted in the election; 10 (3) the ballot must 11 (A) indicate the species of fishery resources subject to the dive 12 fishery management assessment and the rate of the dive fishery management 13 assessment, as a percentage of the value of the fishery resource, to be levied 14 on the fishery resources under AS 43.76.150 if the ballot measure is approved; 15 (B) ask the question whether the dive fishery management 16 assessment on the fishery resources addressed on the ballot shall be approved, 17 amended, or terminated, as appropriate; 18 (C) indicate the boundaries of the administrative area in which 19 the dive fishery management assessment will be levied or terminated; 20 (D) provide an effective date for the approval, amendment, or 21 termination of the dive fishery management assessment; and 22 (E) indicate the date on which returned ballots must be 23 postmarked in order to be counted; 24 (4) the ballots shall be returned by mail and shall be counted by an 25 auditor selected by the qualified regional dive fishery development association and 26 approved by the commissioner of fish and game; the qualified regional dive fishery 27 development association shall pay the costs of counting the ballots. 28 (d) The commissioner of fish and game shall certify the results of an election 29 under this section if the commissioner determines that the requirements of (a) and (c) 30 of this section have been satisfied. 31 (e) A qualified regional dive fishery development association may employ or
01 contract with another person to administer an election under this section subject to the 02 supervision of the association. 03 (f) Except as otherwise provided under AS 43.76.170 and 43.76.180, an 04 election to amend the rate of a dive fishery management assessment or to terminate 05 a dive fishery management assessment shall be conducted under the same procedures 06 established under (a), (c), and (d) of this section for an election to approve a dive 07 fishery management assessment. 08 (g) In this section, "eligible interim-use permit and entry permit holder" means 09 an individual who, 90 days before the date ballots must be postmarked to be counted 10 in an election under this section, is listed in the records of the Alaska Commercial 11 Fisheries Entry Commission as the legal holder of an interim-use permit for dive gear 12 or an entry permit for dive gear that authorizes the individual to fish commercially in 13 the administrative area for the species of fishery resource for which the dive fishery 14 management assessment is to be approved, amended, or terminated. 15 Sec. 43.76.170. Amendment of dive fishery management assessment. (a) 16 The rate of the dive fishery management assessment levied on a species of fishery 17 resources under AS 43.76.150 may be amended by the commissioner of revenue upon 18 majority vote at an election held under AS 43.76.160 in the administrative area in 19 which the dive fishery management assessment is levied. 20 (b) The commissioner of revenue shall amend the rate of a dive fishery 21 management assessment under (a) of this section following an election in an 22 administrative area if 23 (1) a petition, that is signed by at least 25 percent of the number of 24 persons who voted under AS 43.76.160 in the election approving the dive fishery 25 management assessment on the fishery resource in the administrative area, is presented 26 to the commissioner of fish and game requesting amendment of the rate of the dive 27 fishery management assessment on a species of fishery resources; the petition must 28 state the proposed rate, as a percentage of the value of the fishery resource, of the dive 29 fishery management assessment; only a person who would be eligible to vote in an 30 election to amend the rate of the assessment may validly sign the petition; 31 (2) an election is held in accordance with AS 43.76.160; the ballot must
01 ask the question whether the dive fishery management assessment on a species of 02 fishery resources taken in the administrative area shall be amended and must state the 03 rate of the dive fishery management assessment on the species of fishery resources that 04 would take effect if the assessment is amended; the ballot must be worded so that a 05 "yes" vote is for amendment of the dive fishery management assessment and a "no" 06 vote is for continuation of the current dive fishery management assessment; 07 (3) a majority of the eligible interim-use permit and entry permit 08 holders who vote in the election cast a ballot for the amendment of the dive fishery 09 management assessment; in this paragraph, "eligible interim-use permit and entry 10 permit holders" has the meaning given in AS 43.76.160; and 11 (4) the qualified regional dive fishery development association provides 12 notice of the election in accordance with AS 43.76.160 within two months after 13 receiving notice from the commissioner of fish and game that a valid petition under 14 (1) of this subsection has been received. 15 Sec. 43.76.180. Termination of dive fishery management assessment. (a) 16 The dive fishery management assessment levied on a species of fishery resources under 17 AS 43.76.150 may be terminated by the commissioner of revenue upon majority vote 18 at an election held under AS 43.76.160 in the administrative area in which the dive 19 fishery management assessment is levied. 20 (b) The commissioner of revenue shall terminate a dive fishery management 21 assessment under (a) of this section following an election in an administrative area if 22 (1) a petition, that is signed by at least 25 percent of the number of 23 persons who voted under AS 43.76.160 in the election approving the dive fishery 24 management assessment on the fishery resource in the administrative area, is presented 25 to the commissioner of fish and game requesting termination of the dive fishery 26 management assessment on a species of fishery resources; only a person who would 27 be eligible to vote in an election to repeal the assessment may validly sign the petition; 28 (2) an election is held in accordance with AS 43.76.160; the ballot must 29 ask the question whether the dive fishery management assessment on a species of 30 fishery resources taken in the administrative area shall be terminated; the ballot must 31 be worded so that a "yes" vote is for continuation of the dive fishery management
01 assessment and a "no" vote is for termination of the dive fishery management 02 assessment; 03 (3) a majority of the eligible interim-use permit and entry permit 04 holders who vote in the election cast a ballot for the termination of the dive fishery 05 management assessment; in this paragraph, "eligible interim-use permit and entry 06 permit holders" has the meaning given in AS 43.76.160; and 07 (4) the qualified regional dive fishery development association provides 08 notice of the election in accordance with AS 43.76.160 within two months after 09 receiving notice from the commissioner of fish and game that a valid petition under 10 (1) of this subsection has been received. 11 Sec. 43.76.190. Collection of assessment. (a) A buyer who acquires a fishery 12 resource that is subject to a dive fishery management assessment levied under 13 AS 43.76.150 shall collect the dive fishery management assessment at the time of 14 purchase and shall remit the total dive fishery management assessment collected during 15 each calendar quarter to the Department of Revenue by the last day of the month 16 following the end of the calendar quarter. In this subsection, "calendar quarter" means 17 each of the three-month periods ending March 31, June 30, September 30, and 18 December 31. 19 (b) A buyer who collects the dive fishery management assessment shall 20 maintain records of the value of each species of fishery resources that is subject to an 21 assessment that is purchased in each administrative area of the state. 22 (c) The owner of fishery resources removed from the state is liable for 23 payment of the dive fishery management assessment levied under AS 43.76.150 if, at 24 the time the fishery resource is removed from the state, the assessment payable on the 25 fishery resource has not been collected by a buyer. If the owner of the fishery 26 resource is liable for payment of the dive fishery management assessment under this 27 subsection, the owner shall comply with the requirements under (a) and (b) of this 28 section to remit the assessment to the Department of Revenue and to maintain records. 29 (d) The dive fishery management assessment collected under this section shall 30 be deposited in the general fund. 31 Sec. 43.76.200. Funding for qualified regional dive fishery development
01 associations. (a) The legislature may make appropriations of revenue collected under 02 AS 43.76.190 to the Department of Fish and Game for funding of the qualified 03 regional dive fishery development association in the administrative area in which the 04 assessment was collected. Funds received under this section by a qualified regional 05 dive fishery development association may be expended in accordance with the annual 06 operating plan developed under (b) of this section. 07 (b) The Department of Fish and Game shall develop an annual operating plan 08 with the cooperation of the regional dive fishery development association on or before 09 a date specified by the Department of Fish and Game. The qualified regional dive 10 fishery development association shall cooperate with the Department of Fish and Game 11 in the development of the annual operating plan. The annual operating plan must 12 describe the activities for which the funding will be expended, including identification 13 of species and areas for which bioassessment surveys will be conducted, a description 14 of management and research activities to be performed, planning for dive fisheries, and 15 administrative activities of the association. Funds appropriated to the Department of 16 Fish and Game for funding of qualified regional dive fishery development associations 17 may not be disbursed by the department or expended by the association, except for 18 administration of the association, unless the annual operating plan has been approved 19 by the association and the Department of Fish and Game. If an annual operating plan 20 has not been approved by the association and the Department of Fish and Game, the 21 Department of Fish and Game may not disburse and the association may not expend 22 funds received from the department for administration of the association in an amount 23 that exceeds the amount of administrative expenses authorized under the annual 24 operating plan for the prior fiscal year. 25 (c) A qualified regional dive fishery development association receiving funding 26 under this section shall submit an annual financial report to the Department of Fish and 27 Game on a form provided by the Department of Fish and Game. The Department of 28 Fish and Game may, by regulation, require that a qualified regional dive fishery 29 development association use a uniform system of accounting and may audit the use of 30 funding received under this section by the association. 31 (d) This section does not establish a dedication of a state tax or license.
01 (e) This section does not restrict or qualify the authority of the Department of 02 Fish and Game or the Board of Fisheries under AS 16. 03 Sec. 43.76.210. Definitions. In AS 43.76.150 - 43.76.210, 04 (1) "administrative area" means an area established by the Alaska 05 Commercial Fisheries Entry Commission under AS 16.43.200 for regulating and 06 controlling entry into fisheries using dive gear; 07 (2) "buyer" means a person who acquires possession of a fishery 08 resource from the person who caught the fishery resource, regardless of whether there 09 is an actual sale of the fishery resource, but does not include a person engaged solely 10 in interstate transportation of goods for hire; 11 (3) "fishery resource" means fish, shellfish, or marine invertebrates 12 taken or landed under the authority of a limited entry permit or interim-use permit 13 issued under AS 16.43 for dive gear; 14 (4) "qualified regional dive fishery development association" means an 15 association that is qualified under AS 16.40.240; 16 (5) "value" has the meaning given in AS 43.75.290. 17 * Sec. 3. This Act takes effect immediately under AS 01.10.070(c).