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