SB 40: "An Act relating to management of discrete salmon stocks, to salmon management assessments, and to the fishery business tax."
00SENATE BILL NO. 40 01 "An Act relating to management of discrete salmon stocks, to salmon management 02 assessments, and to the fishery business tax." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. PURPOSE. This Act requires the Board of Fisheries to adopt and implement 05 discrete salmon stock management policies that are consistent with the sustained yield of wild 06 salmon stocks. This Act also provides a means to offset the costs incurred by the state in 07 adopting and implementing discrete salmon stock management policies by imposing a 08 surcharge on sport fishing licenses, commercial fishing crewmember licenses, and limited 09 entry permit renewals and by use of fishery business tax revenue. 10 * Sec. 2. AS 16.05 is amended by adding a new section to article 5 to read: 11 Sec. 16.05.735. Discrete salmon stock management. (a) The Board of 12 Fisheries shall adopt a policy for the management of discrete salmon stocks that is 13 consistent with sustained yield of wild salmon stocks. The board 14 (1) by January 1, 2004, shall adopt regulations to implement the policy
01 for management of discrete salmon stocks for 02 (A) sockeye salmon, chum salmon, chinook salmon, and coho 03 salmon taken in the Cook Inlet salmon fishery management area; 04 (B) sockeye salmon, chum salmon, chinook salmon, and coho 05 salmon taken in the Kodiak salmon fishery management area; 06 (C) sockeye salmon and chum salmon taken in the Aleutian 07 Islands and Alaska Peninsula salmon fishery management area; and 08 (D) sockeye salmon and chum salmon taken in the Kuskokwim 09 salmon fishery management area; and 10 (2) may 11 (A) adopt regulations to implement the discrete salmon stock 12 management policy for other species, stocks, rivers of origin, and salmon 13 fishery management areas identified by the board; and 14 (B) establish schedules for collection of information and data 15 necessary to implement the discrete salmon stock management policy. 16 (b) The Department of Fish and Game shall 17 (1) consult with the Board of Fisheries to determine what salmon stock 18 information would be most useful to the board; 19 (2) determine the stock composition by river of origin for each existing 20 mixed stock salmon fishery that 21 (A) occurs in a salmon fishery management area identified 22 under (a) of this section; and 23 (B) takes a discrete salmon stock identified under (a) of this 24 section; 25 (3) develop escapement objectives, based, at the minimum, on the 26 availability of spawning and rearing habitat and average production, for each discrete 27 salmon stock identified under (a) of this section where technically feasible; 28 (4) develop the ability to project escapements for each discrete salmon 29 stock in order to provide the board with the information necessary to perform its duties 30 under this section; the department shall annually provide projections of escapement for 31 each discrete salmon stock to the board in a timely manner; and
01 (5) annually provide to the board in a timely manner the stock 02 composition data that are necessary to manage mixed stock fisheries before the fishing 03 season for those fisheries begins. 04 (c) In this section, 05 (1) "discrete salmon stock" means a population of a species of salmon 06 that spawns in one of the following rivers: 07 (A) Noatak River or Kobuk River; 08 (B) rivers of Norton Sound; 09 (C) Yukon River; 10 (D) Kuskokwim River; 11 (E) Togiak River; 12 (F) Igushik River, Wood River, or Nushagak River; 13 (G) Kvichak River; 14 (H) Naknek River; 15 (I) Egegik River; 16 (J) Ugashik River; 17 (K) Chignik River; 18 (L) Ayakulik River; 19 (M) Fraser River; 20 (N) Karluk River; 21 (O) Kasilof River; 22 (P) Kenai River; 23 (Q) Susitna River; and 24 (R) other rivers identified by the Board of Fisheries; 25 (2) "river of origin" means the river to which a discrete salmon stock 26 migrates for spawning. 27 * Sec. 3. AS 16.05.340 is amended by adding a new subsection to read: 28 (g) In addition to the license fees set under (a) of this section, a salmon 29 management surcharge of $1 shall be collected on each sport fishing license sold under 30 (a)(1), (5), (6), (7), (8), or (10). The amount of the surcharge collected under this 31 subsection shall be deposited into the fish and game fund. The legislature may
01 appropriate money collected under this subsection to the Department of Fish and Game 02 for the discrete stock management research and data collection program under 03 AS 16.05.735. 04 * Sec. 4. AS 16.05.480 is amended by adding a new subsection to read: 05 (d) In addition to the license fee set under (a) of this section for a crewmember 06 fishing license, a management surcharge of $10 shall be collected at the time of 07 issuance of a crewmember fishing license. The amount of the surcharge collected 08 under this subsection shall be deposited into the general fund. The legislature may 09 appropriate money collected under this subsection to the Department of Fish and Game 10 for the discrete stock management research and data collection program under 11 AS 16.05.735. 12 * Sec. 5. AS 16.43.160 is amended by adding a new subsection to read: 13 (e) In addition to the amounts collected under (a) - (d) of this section, the 14 commission shall collect, at the time of renewal of an entry permit or interim-use 15 permit for a salmon fishery, a management surcharge that shall reasonably reflect the 16 different rates of economic return for different fisheries. The commission shall impose 17 an additional surcharge on the renewal of an entry permit or interim-use permit held 18 by a nonresident to the extent permitted by law. The total amount of revenue 19 generated by the management surcharge must equal $500,000. The amount of the 20 surcharge collected under this subsection shall be deposited into the general fund. The 21 legislature may appropriate money collected under this subsection to the Department 22 of Fish and Game for the discrete stock management research and data collection 23 program under AS 16.05.735. 24 * Sec. 6. AS 43.75.130(a) is amended to read: 25 (a) Except as provided in (d) and (g) of this section, the commissioner shall 26 pay 27 (1) to each unified municipality and to each city located in the 28 unorganized borough [,] 50 percent of the amount of tax revenue collected in the 29 municipality from taxes levied under this chapter; 30 (2) to each city located within a borough [,] 25 percent of the amount 31 of tax revenue collected in the city from taxes levied under this chapter; and
01 (3) to each borough 02 (A) 50 percent of the amount of tax revenue collected in the 03 area of the borough outside cities from taxes levied under this chapter; and 04 (B) 25 percent of the amount of tax revenue collected in cities 05 located within the borough from taxes levied under this chapter. 06 * Sec. 7. AS 43.75.130(d) is amended to read: 07 (d) Notwithstanding the provisions of (a)(2) and (3)(B) [(a)(3)(B)] of this 08 section but subject to (g) of this section, the commissioner shall pay 09 (1) to each city that is located in a borough incorporated after June 16, 10 1987, the following percentages of the tax revenue collected in the city from taxes 11 levied under this chapter: 12 (A) 45 percent of the taxes collected during the calendar year 13 in which the borough is incorporated; 14 (B) 40 percent of the taxes collected during the first calendar 15 year after the calendar year in which the borough is incorporated; 16 (C) 35 percent of the taxes collected during the second calendar 17 year after the calendar year in which the borough is incorporated; and 18 (D) 30 percent of the taxes collected during the third calendar 19 year after the calendar year in which the borough is incorporated; and 20 (2) to each borough that is incorporated after June 16, 1987, the 21 following percentages of the tax revenue collected in the cities located within the 22 borough from taxes levied under this chapter: 23 (A) 5 percent of the taxes collected during the calendar year in 24 which the borough is incorporated; 25 (B) 10 percent of the taxes collected during the first calendar 26 year after the calendar year in which the borough is incorporated; 27 (C) 15 percent of the taxes collected during the second calendar 28 year after the calendar year in which the borough is incorporated; and 29 (D) 20 percent of the taxes collected during the third calendar 30 year after the calendar year in which the borough is incorporated. 31 * Sec. 8. AS 43.75.130 is amended by adding a new subsection to read:
01 (g) The total amount of fishery business tax revenue distributed to 02 municipalities under this section must be reduced by the amount of fishery business 03 tax revenue appropriated to the Department of Fish and Game for the discrete stock 04 management research and data collection program under AS 16.05.735. The amount 05 of the reduction in the payment to a municipality under this section is equal to the 06 ratio, without consideration of whether an appropriation has been made to the 07 Department of Fish and Game, that the municipality's entitlement under (a) or (d) of 08 this section bears to the total entitlement of all municipalities under this section 09 multiplied by the amount of fishery business tax revenue appropriated to the 10 Department of Fish and Game for the purposes of AS 16.05.735. 11 * Sec. 9. AS 16.05.340(g), added by sec. 3 of this Act, AS 16.05.480(d), added by sec. 4 12 of this Act, and AS 16.43.160(e), added by sec. 5 of this Act, are applicable to sport fishing 13 licenses, crewmember licenses, entry permits, and interim-use permits issued for 1998 or a 14 subsequent year.