CSHB 283(FSH): "An Act relating to appointments to the Board of Fisheries and to the ex officio secretary of the Board of Fisheries."
00 CS FOR HOUSE BILL NO. 283(FSH) 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) two members to the board who have at least five years of active
01 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) two members to the board who 06 (A) have at least five years of 07 (i) experience as a sport fisherman, personal use 08 fisherman, or commercial sport operator in the state; or 09 (ii) combined experience as a sport fisherman, 10 personal use fisherman, or commercial sport operator in the state; 11 and 12 (B) hold a sport or personal use fishing license or permit; 13 and 14 (3) two members to the board who are recognized as 15 representative of subsistence users and have at least five years of active 16 participation in subsistence fishing in the state; and 17 (4) one public member [THE COMMISSIONER IS NOT A 18 MEMBER OF THE BOARD OF FISHERIES, BUT SHALL BE EX OFFICIO 19 SECRETARY]. 20 * Sec. 2. AS 16.05.221(d) is amended to read: 21 (d) Members of the Board of Fisheries serve staggered terms of three years. 22 The terms of members of the board begin on July 1. Notwithstanding 23 AS 39.05.080(1), by April 1 of the calendar year in which the term expires, the 24 governor shall appoint a person to fill the vacancy that will arise on the board due to 25 expiration of the term of a member of the board and submit the name of the person to 26 the legislature for confirmation. If a vacancy arises on the board, the governor shall, 27 within 30 days after the vacancy arises, appoint a person to serve the balance of the 28 unexpired term and submit the name of the person to the legislature for confirmation. 29 A person appointed to fill the balance of an unexpired term shall be selected and 30 appointed in the same manner as the member whose unexpired term is being 31 filled and shall serve on the board from the date of appointment until the earlier of the
01 expiration of the term or the failure of the legislature to confirm the person under 02 AS 39.05.080. A person may not be appointed to serve more than two 03 consecutive full terms on the board. 04 * Sec. 3. AS 16.05.221 is amended by adding a new subsection to read: 05 (e) The commissioner is not a member of the Board of Fisheries, but shall be 06 ex officio secretary. 07 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 08 read: 09 APPLICABILITY. (a) AS 16.05.221(a), as amended by sec. 1 of this Act, and 10 AS 16.05.221(d), as amended by sec. 2 of this Act, regarding the qualifications of members of 11 the Board of Fisheries, apply to members of the Board of Fisheries who are appointed to the 12 board on or after the effective date of this Act. Members serving on the Board of Fisheries on 13 the day before the effective date of this Act shall continue to serve on the board for the 14 remainder of the term to which they were appointed. A person who is appointed to fill the 15 unexpired term of a member of the board who is serving on the board on the day before the 16 effective date of this Act shall be appointed in accordance with the provisions of 17 AS 16.05.221(d) as that subsection read on the day before the effective date of this Act. 18 (b) AS 16.05.221(d), as amended by sec. 2 of this Act, regarding the maximum 19 number of consecutive full terms that a person may serve on the Board of Fisheries, applies to 20 all persons appointed to the Board of Fisheries on or after the effective date of this Act and to 21 all persons who are serving on the Board of Fisheries on the effective date of this Act. 22 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 23 read: 24 INITIAL APPOINTMENT OF MEMBERS OF THE BOARD OF FISHERIES IN 25 ACCORDANCE WITH THIS ACT. The first and fifth terms of members of the Board of 26 Fisheries that expire on or after the effective date of this Act shall be filled by persons 27 appointed in accordance with AS 16.05.221(a)(1), as added by sec. 1 of this Act. The second 28 and sixth terms of members of the Board of Fisheries that expire on or after the effective date 29 of this Act shall be filled by persons appointed in accordance with AS 16.05.221(a)(2), as 30 added by sec. 1 of this Act. The third and seventh terms of members of the Board of Fisheries 31 that expire on or after the effective date of this Act shall be filled by persons appointed under
01 AS 16.05.221(a)(3), as added by sec. 1 of this Act. The fourth term of a member of the Board 02 of Fisheries that expires on or after the effective date of this Act shall be filled by a person 03 appointed under AS 16.05.221(a)(4), as added by sec. 1 of this Act.