HB 283: "An Act relating to appointments to the Board of Fisheries and to the ex officio secretary of the Board of Fisheries."
00 HOUSE BILL NO. 283 01 "An Act relating to appointments to the Board of Fisheries and to the ex officio 02 secretary of the Board of Fisheries." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 16.05.221(a) is amended to read: 05 (a) For purposes of the conservation and development of the fishery resources 06 of the state, there is created the Board of Fisheries composed of seven members 07 appointed by the governor, subject to confirmation by a majority of the members of 08 the legislature in joint session. The governor shall appoint each member on the basis 09 of interest in public affairs, good judgment, knowledge, and ability in the field of 10 action of the board, and with a view to providing diversity of interest and points of 11 view in the membership. The appointed members shall be residents of the state and 12 shall be appointed without regard to political affiliation or geographical location of 13 residence. The governor shall appoint 14 (1) three members to the board who have at least five years of
01 active participation in commercial fishing in the state, are actively engaged in the 02 profession of commercial fishing in the state, and hold a commercial fishing entry 03 permit or interim-use permit issued by the Alaska Commercial Fisheries Entry 04 Commission; 05 (2) three members to the board who have at least five years of 06 active participation in sport or personal use fishing or a combination of sport and 07 personal use fishing in the state and hold a sport or personal use fishing license or 08 permit; and 09 (3) one member to the board who has at least five years of active 10 participation in subsistence fishing in the state [THE COMMISSIONER IS NOT A 11 MEMBER OF THE BOARD OF FISHERIES, BUT SHALL BE EX OFFICIO 12 SECRETARY]. 13 * Sec. 2. AS 16.05.221(d) is amended to read: 14 (d) Members of the Board of Fisheries serve staggered terms of three years. 15 The terms of members of the board begin on July 1. Notwithstanding 16 AS 39.05.080(1), by April 1 of the calendar year in which the term expires, the 17 governor shall appoint a person to fill the vacancy that will arise on the board due to 18 expiration of the term of a member of the board and submit the name of the person to 19 the legislature for confirmation. If a vacancy arises on the board, the governor shall, 20 within 30 days after the vacancy arises, appoint a person to serve the balance of the 21 unexpired term and submit the name of the person to the legislature for confirmation. 22 A person appointed to fill the balance of an unexpired term shall be selected and 23 appointed in the same manner as the member whose unexpired term is being 24 filled and shall serve on the board from the date of appointment until the earlier of the 25 expiration of the term or the failure of the legislature to confirm the person under 26 AS 39.05.080. A person may not be appointed to serve more than two 27 consecutive full terms on the board. 28 * Sec. 3. AS 16.05.221 is amended by adding a new subsection to read: 29 (e) The commissioner is not a member of the Board of Fisheries, but shall be 30 ex officio secretary. 31 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to
01 read: 02 APPLICABILITY. (a) AS 16.05.221(a), as amended by sec. 1 of this Act, and 03 AS 16.05.221(d), as amended by sec. 2 of this Act, regarding the qualifications of members of 04 the Board of Fisheries, apply to members of the Board of Fisheries who are appointed to the 05 board on or after the effective date of this Act. Members serving on the Board of Fisheries on 06 the day before the effective date of this Act shall continue to serve on the board for the 07 remainder of the term to which they were appointed. A person who is appointed to fill the 08 unexpired term of a member of the board who is serving on the board on the day before the 09 effective date of this Act shall be appointed in accordance with the provisions of 10 AS 16.05.221(d) as that subsection read on the day before the effective date of this Act. 11 (b) AS 16.05.221(d), as amended by sec. 2 of this Act, regarding the maximum 12 number of consecutive full terms that a person may serve on the Board of Fisheries, applies to 13 all persons appointed to the Board of Fisheries on or after the effective date of this Act and to 14 all persons who are serving on the Board of Fisheries on the effective date of this Act. 15 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 16 read: 17 INITIAL APPOINTMENT OF MEMBERS OF THE BOARD OF FISHERIES IN 18 ACCORDANCE WITH THIS ACT. The first, third, and sixth terms of members of the 19 Board of Fisheries that expire on or after the effective date of this Act shall be filled by 20 persons appointed in accordance with AS 16.05.221(a)(1), as added by sec. 1 of this Act. 21 The second, fifth, and seventh terms of members of the Board of Fisheries that expire on or 22 after the effective date of this Act shall be filled by persons appointed in accordance with 23 AS 16.05.221(a)(2), as added by sec. 1 of this Act. The fourth term of a member of the Board 24 of Fisheries that expires on or after the effective date of this Act shall be filled by a person 25 appointed under AS 16.05.221(a)(3), as added by sec. 1 of this Act.