SB 329: "An Act authorizing community development quota groups to hold commercial fishing permits."
00 SENATE BILL NO. 329 01 "An Act authorizing community development quota groups to hold commercial fishing 02 permits." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 16.43 is amended by adding a new section to read: 05 Sec. 16.43.145. Community development quota groups. (a) An entity that 06 is a community development quota group may hold an entry permit or an interim-use 07 permit issued or transferred under this chapter for a fishery in an administrative area 08 that is located entirely or in part in the Bering Sea south of the Bering Strait or within 09 50 nautical miles of the Bering Sea south of the Bering Strait. A community 10 development quota group may not hold an entry permit or an interim-use permit issued 11 or transferred under this chapter for a fishery in an administrative area that is not 12 located in the Bering Sea south of the Bering Strait or within 50 nautical miles of the 13 Bering Sea south of the Bering Strait or that is located entirely in the Gulf of Alaska or 14 entirely south of the Aleutian Islands.
01 (b) A community development quota group that holds an entry permit or an 02 interim-use permit shall appoint one or more persons to serve as designated agent of 03 the group and shall notify the commission in writing of the persons who have been 04 appointed as designated agents of the group. A designated agent of the group shall be 05 physically present when the gear for which the permit is issued is engaged in fishing 06 and shall be responsible for the sale of fish taken under the permit. A designated agent 07 shall hold a license issued under AS 16.05.480 or an entry permit or an interim-use 08 permit issued under AS 16.43 while engaged as the agent of the group. 09 (c) A community development quota group is the only entity that may hold an 10 entry permit or an interim-use permit issued or transferred under this chapter. 11 (d) If an entity that holds an entry permit or an interim-use permit under this 12 section loses its status as a community development quota group, all fishing privileges 13 granted by entry permits and interim-use permits held by the group are suspended by 14 operation of law, and the entity shall, in a timely manner, transfer all transferable entry 15 permits to a qualified person or entity in accordance with AS 16.43.170. 16 (e) For purposes of AS 16.43.160, a community development quota group is a 17 resident. 18 (f) In this section, "community development quota group" means an applicant 19 under 16 U.S.C. 1855(i), or a successor program approved by the United States 20 Secretary of Commerce, with an approved community development plan. 21 * Sec. 2. AS 16.05.253(a) is amended to read: 22 (a) The Board of Fisheries may require a person who holds a limited entry 23 permit or an interim-use permit under AS 16.43 or who is the designated agent of an 24 entity that holds a limited entry permit or an interim-use permit under AS 16.43 25 to be physically present at a beach or riparian fishing site during the operation of net 26 gear or other stationary fishing gear at the site, except when the permit holder is at or 27 traveling to or from the location of 28 (1) a sale of fish caught in the gear; or 29 (2) other stationary gear of the permit holder. 30 * Sec. 3. AS 16.05.680(a) is amended to read: 31 (a) It is unlawful for a person, or an agent or representative of the person,
01 (1) to employ, in the harvesting, transporting, or purchasing of fish, a 02 fisherman who neither is licensed under AS 16.05.480 nor is the holder of a permit 03 issued under AS 16.43; [,] 04 (2) to purchase fish from a fisherman who neither is the holder of a 05 limited entry, interim-use, or landing permit issued under AS 16.43, nor is exempt 06 under AS 16.05.660; [,] or 07 (3) to purchase fish from an association or from an entity, other than 08 a natural person, other than one to which a permit has been issued under 09 AS 16.05.662 or AS 16.43. 10 * Sec. 4. AS 16.10.265(a) is amended to read: 11 (a) An individual may not, while acting as a fish processor or primary fish 12 buyer, or as an agent, director, officer, member, or employee of a fish processor, of a 13 primary fish buyer, or of a cooperative corporation organized under AS 10.15, 14 intentionally or knowingly make an original purchase of fish from a seller who, in 15 violation of AS 16.43, does not hold a landing permit, an entry permit, or an interim- 16 use permit. In this subsection, "seller" includes an entity that holds an entry 17 permit or interim-use permit issued under AS 16.43. 18 * Sec. 5. AS 16.10.267(a) is amended to read: 19 (a) When a fisherman sells fish, the fisherman shall possess 20 (1) a landing permit, entry permit, or interim-use permit issued or 21 transferred to the fisherman under AS 16.43, or other document authorized by 22 regulation to be used in place of an entry permit or interim-use permit; [AND] 23 (2) an identification card that has been issued to the fisherman by a 24 state or federal agency or other organization designated by the Department of Public 25 Safety and that bears a photograph of the fisherman; and 26 (3) if the fisherman is selling fish as the designated agent of an 27 entity under AS 16.43.145, documentation that the fisherman is a designated 28 agent of the community development quota group that is the holder of the permit 29 under which the fish are sold. 30 * Sec. 6. AS 16.43.140 is amended to read: 31 Sec. 16.43.140. Permit required. (a) After January 1, 1974, a person or
01 entity may not operate gear in the commercial taking of fishery resources without a 02 valid entry permit or a valid interim-use permit issued by the commission. 03 (b) A permit is not required of a crewmember or other person assisting in the 04 operation of a unit of gear engaged in the commercial taking of fishery resources as 05 long as the holder of the entry permit or the interim-use permit for that particular unit 06 of gear is at all times present and actively engaged in the operation of the gear. If the 07 holder of a permit is an entity, a permit is not required of a crewmember or other 08 person assisting in the operation of a unit of gear engaged in the commercial 09 taking of fishery resources as long as the designated agent of the holder of the 10 entry permit or the interim-use permit for that particular unit of gear is at all 11 times present and actively engaged in the operation of the gear. 12 (c) A person or entity may hold more than one interim-use or entry permit 13 issued or transferred under this chapter only for the following purposes: 14 (1) fishing more than one type of gear; 15 (2) fishing in more than one administrative area; 16 (3) harvesting particular species for which separate interim-use or 17 entry permits are issued; 18 (4) if authorized by regulations of the commission, fishing an entire 19 unit of gear in a fishery in which the commission has issued entry permits for less than 20 a unit of gear under AS 16.43.270(d); under this paragraph, a person or entity may not 21 hold more than two entry permits for a fishery; however, the person or entity may not 22 (A) fish more than one unit of gear in the fishery; or 23 (B) acquire a second entry permit for the fishery after the 24 person or entity has acquired an entry permit that authorizes the use of an 25 entire unit of gear in the fishery. 26 * Sec. 7. AS 16.43.150(b) is amended to read: 27 (b) The holder of an entry permit shall have the permit in possession at all 28 times when engaged in the operation of gear for which the permit [IT] was issued. If 29 the holder of a permit is an entity, the designated agent of the permit holder shall 30 have the permit in possession at all times when engaged in operation of gear for 31 which the permit was issued.
01 * Sec. 8. AS 16.43.160(f) is amended to read: 02 (f) For an entry permit or an interim-use permit issued for calendar year 2002 03 and following years, the person who holds [HOLDER OF] a permit whose household 04 income, assets, and financial resources fall within the eligibility standards for the food 05 stamp program under 7 U.S.C. 2001 - 2025, as amended, is subject to a maximum 06 annual fee that is equal to 50 percent of the fee that the permit holder would otherwise 07 pay under (e) of this section. 08 * Sec. 9. AS 16.43.170(b) is amended to read: 09 (b) Except as provided in (c) and (e) of this section, the holder of an entry 10 permit may transfer the permit to another person or entity or to the commission upon 11 60 days notice of intent to transfer under regulations adopted by the commission. No 12 sooner than 60 days nor later than 12 months from the date of notice to the 13 commission, the holder of an entry permit may transfer the permit. If the proposed 14 transferee, other than an entity or the commission, can demonstrate the present ability 15 to participate actively in the fishery and the transfer does not violate any provision of 16 this chapter or regulations adopted under this chapter [IT], and if a certificate for the 17 permit under AS 16.10.333(b)(1) - (2), 16.10.338, or AS 44.81.231(a) is not in effect, 18 the commission shall approve the transfer and reissue the entry permit to the transferee 19 provided that neither party is prohibited by law from participating in the transfer. 20 * Sec. 10. AS 16.43.170(g) is amended to read: 21 (g) A permit holder [PERSON] may request the commission to transfer an 22 entry permit due to an execution on the holder's interest in that permit. The request 23 shall be made in the form and manner provided in this chapter and regulations adopted 24 under this chapter. The commission may deny a request for transfer of an entry permit 25 due to an execution of a holder's interest in that permit if 26 (1) the execution does not comply with legal requirements or otherwise 27 is not valid; 28 (2) the transfer violates this chapter or regulations adopted under this 29 chapter; 30 (3) the proposed transferee or other party to the transfer is prohibited 31 by law from participating in the transaction;
01 (4) a certificate for the permit under AS 16.10.333(b)(1) - (2), 02 16.10.338, or AS 44.81.231(a) is in effect at the time of the proposed transfer; 03 (5) the proposed transferee of the entry permit, other than the 04 commission, cannot demonstrate the present ability to actively participate in the 05 fishery; or 06 (6) the holder of the entry permit as shown by the records of the 07 commission demonstrates, under regulations adopted by the commission, that the 08 entry permit is a necessary means of support for the holder and those dependent upon 09 the holder. 10 * Sec. 11. AS 16.43.210(a) is amended to read: 11 (a) Pending the establishment of the maximum number of entry permits under 12 AS 16.43.240 and the issuance of entry permits under AS 16.43.270, the commission 13 shall issue interim-use permits under regulations adopted by the commission for each 14 fishery, not subject to a moratorium under AS 16.43.225, to all applicants who can 15 establish their present ability to participate actively in the fishery for which they are 16 making application. An applicant that is an entity shall establish the present 17 ability to participate actively in the fishery by designating an agent or agents who 18 have the present ability to participate actively in the fishery for which the entity 19 is making application. 20 * Sec. 12. AS 16.43.210(c) is amended to read: 21 (c) To the extent that the commissioner of fish and game authorizes it under 22 AS 16.05.050(a)(10), the commission may grant an interim-use permit to a person or 23 to an entity subject to AS 16.43.145 to engage in the commercial taking from a 24 fishery on an experimental basis. 25 * Sec. 13. AS 16.43.220(c) is amended to read: 26 (c) The holder of an interim-use permit shall have the permit in possession at 27 all times when engaged in the operation of the gear for which it was issued. If the 28 holder of a permit is an entity, the designated agent of the permit holder shall 29 have the permit in possession at all times when engaged in operation of gear for 30 which the permit was issued. 31 * Sec. 14. AS 16.43.225(e) is amended to read:
01 (e) The commission shall establish by regulation the qualifications for 02 applicants for an interim-use permit for a fishery subject to a moratorium under this 03 section. The qualifications must include the minimum requirements for past or present 04 participation and harvest in the fishery. The commission may not issue an interim-use 05 permit for a fishery subject to a moratorium under this section unless the applicant can 06 satisfy the qualifications established under this subsection and establish the present 07 ability and intent to participate actively in the fishery. An applicant that is an entity 08 may establish the present ability to participate actively in the fishery by 09 designating an agent or agents who have the present ability to participate actively 10 in the fishery. 11 * Sec. 15. AS 16.43.270(a) is amended to read: 12 (a) The commission shall issue entry permits, for each fishery, first to all 13 qualified applicants in the priority classifications designated under AS 16.43.250(b) 14 and then to qualified applicants in order of descending priority classification, until the 15 number of entry permits issued equals the maximum number of entry permits 16 established under AS 16.43.230 and 16.43.240 for each fishery, except that a person 17 or entity within a priority classification specified under AS 16.43.250(b) may not be 18 denied an entry permit. 19 * Sec. 16. AS 16.43.330(a) is amended to read: 20 (a) When the number of outstanding entry permits for a fishery is less than the 21 optimum number established under AS 16.43.290, the commission shall issue new 22 entry permits to applicants who are presently able to engage actively in the fishery 23 until the optimum number is reached. An applicant that is an entity may establish 24 the present ability to engage actively in the fishery by designating an agent or 25 agents who have the present ability to engage actively in the fishery. 26 * Sec. 17. AS 16.43.850 is amended by adding a new section to read: 27 (e) A violation of a commercial fishing law in a salmon fishery by a person 28 who is the designated agent of an entity that holds a permit under this chapter while 29 the person is serving as the designated agent of the entity is imputed to the entity for 30 purposes of AS 16.43.850 - 16.43.895. 31 * Sec. 18. AS 16.43.895(4) is amended to read:
01 (4) "permit holder" includes the holder of a commercial fishing permit 02 as the result of an emergency transfer, an applicant for a commercial fishing permit if 03 the applicant's commercial fishing permit was suspended under AS 16.43.850 - 04 16.43.895, and a person or entity whose privilege of obtaining a commercial fishing 05 permit for a fishery is suspended under AS 16.43.850 - 16.43.895. 06 * Sec. 19. AS 16.43.960(a) is amended to read: 07 (a) The commission may revoke, suspend, or transfer all entry or interim-use 08 permits held by a person or entity who knowingly provides or assists in providing 09 false information, or fails to correct false information provided to the commission for 10 the purpose of obtaining a benefit for self or another, including the issuance, renewal, 11 duplication, or transfer of an entry or interim-use permit or vessel license. The 12 commission may suspend that person's or entity's eligibility to hold an entry or 13 interim-use permit for a period not to exceed three years, and may impose an 14 administrative fine of not more than $5,000 on the person or entity. The commission 15 may also impose an administrative fine of not more than $5,000 on an entity whose 16 officers, employees, representatives, or agents knowingly provide or assist in 17 providing false information, or fail to correct false information provided, to the 18 commission for the purpose of obtaining a benefit. 19 * Sec. 20. AS 16.43.960(g) is amended to read: 20 (g) The provisions of this section apply to conduct occurring after January 1, 21 1973, but do not affect a permit held by a person or entity who is a bona fide 22 purchaser. Failure to correct false information is a continuing offense. 23 * Sec. 21. AS 16.43.970(a) is amended to read: 24 (a) A person or entity who violates a provision of this chapter or a regulation 25 adopted under this chapter is, upon conviction, guilty of a class B misdemeanor and is 26 punishable by a fine of not more than $5,000 for a first conviction, and a fine of not 27 more than $10,000 for a second or third conviction. Upon a first or second conviction 28 under this subsection, the court may in its discretion also order the commission to 29 suspend the commercial fishing privileges of the person or entity for a period of not 30 more than three years and to revoke one or more or all commercial fishing permits 31 held by the person or entity. Upon a third or subsequent conviction under this
01 subsection, the person or entity is also subject to a loss of commercial fishing 02 privileges as provided under (i) of this section. This subsection does not apply to 03 violations of AS 16.43.140(a). 04 * Sec. 22. AS 16.43.970(b) is amended to read: 05 (b) A person or entity who knowingly makes a false statement to the 06 commission for the purpose of obtaining a benefit, including the issuance, renewal, 07 duplication, or transfer of an entry or interim-use permit or vessel license or a person 08 or entity who assists another by knowingly making a false statement to the 09 commission for the purpose of obtaining a benefit for another, is guilty of the crime of 10 unsworn falsification as set out in AS 11.56.210. Upon conviction, the person or 11 entity is also subject to suspension of commercial fishing privileges and revocation of 12 commercial fishing permits under (i) of this section. 13 * Sec. 23. AS 16.43.970(g) is amended to read: 14 (g) A person or entity who violates the provisions of AS 16.43.140(a) is 15 (1) upon a first conviction, guilty of a class B misdemeanor and may 16 be sentenced to a definite term of imprisonment of not more than 90 days, or forfeiture 17 of the person's or entity's fishing vessel, or both, and shall be sentenced to a fine of 18 not less than $5,000 nor more than $10,000 and loss of commercial fishing privileges 19 under (i) of this section; 20 (2) upon a second conviction, guilty of a class A misdemeanor and 21 may be sentenced to a definite term of imprisonment of not more than one year, and 22 shall be sentenced to a fine of not less than $10,000 nor more than $20,000, forfeiture 23 of the person's or entity's fishing vessel, and loss of commercial fishing privileges 24 under (i) of this section; 25 (3) upon a third or subsequent conviction, guilty of a class A 26 misdemeanor and may be sentenced to a definite term of imprisonment of not more 27 than one year, and shall be sentenced to a fine of not less than $20,000 nor more than 28 $50,000, forfeiture of the person's or entity's fishing vessel, and loss of commercial 29 fishing privileges under (i) of this section. 30 * Sec. 24. AS 16.43.970(h) is amended to read: 31 (h) A person or entity convicted of violating the provisions of
01 AS 16.43.140(a) forfeits the value of the fishery resources found on board the person's 02 or entity's vessel at the time of the violation. 03 * Sec. 25. AS 16.43.970(i) is amended to read: 04 (i) Upon the conviction of a person or entity for an offense described under 05 (a), (b), or (g) of this section, the court shall immediately notify the commission of the 06 conviction. The notice provided by the court shall be accompanied by an order 07 suspending commercial fishing privileges and revoking commercial fishing permits 08 under (a) of this section, as appropriate. The commission shall, upon receipt of 09 (1) an order from the court under (a) of this section, suspend the 10 commercial fishing privileges of a person or entity for the period set by the court and 11 revoke commercial fishing permits held by the person or entity as directed by the 12 court; 13 (2) a notice from the court that a person or entity has been convicted 14 of a third or subsequent violation of (a) of this section, suspend all commercial fishing 15 privileges of the person or entity for a period of three years from the date of 16 conviction and revoke all commercial fishing permits held by the person or entity; 17 (3) a notice from the court that a person or entity has been convicted 18 of a violation described under (b) of this section, suspend all commercial fishing 19 privileges of the person or entity for a period of three years from the date of 20 conviction and revoke all commercial fishing permits held by the person or entity; 21 (4) a notice from the court that a person or entity has been convicted 22 of a violation described under (g)(1) of this section, suspend all commercial fishing 23 privileges of the person or entity for a period of one year from the date of conviction; 24 (5) a notice from the court that a person or entity has been convicted 25 of a violation described under (g)(2) of this section, suspend all commercial fishing 26 privileges of the person or entity for a period of two years from the date of 27 conviction; 28 (6) a notice from the court that a person or entity has been convicted 29 of a violation described under (g)(3) of this section, suspend all commercial fishing 30 privileges of the person or entity for a period of five years from the date of 31 conviction.
01 * Sec. 26. AS 16.43.975 is amended to read: 02 Sec. 16.43.975. Public disclosure of certain documents prohibited. 03 Documents submitted to the commission containing information relating to an 04 individual's personal finances and information or to an entity's financing and 05 proprietary information that is supplied by an individual or entity 06 [INDIVIDUALS] for research purposes, produced in response to requests by the 07 commission, are not subject to public disclosure. 08 * Sec. 27. AS 16.43.990(5) is amended to read: 09 (5) "person" means a natural person; "person" [AND] does not 10 include a corporation, company, partnership, firm, association, organization, joint 11 venture, [BUSINESS] trust, [OR] society, or other legal entity other than a natural 12 person; 13 * Sec. 28. AS 16.43.990 is amended by adding a new paragraph to read: 14 (10) "entity" means a corporation, company, partnership, firm, 15 association, organization, joint venture, trust, society, or other legal entity other than a 16 natural person. 17 * Sec. 29. AS 43.76.040 is amended by adding a new paragraph to read: 18 (2) "person" includes an entity that holds a limited entry permit under 19 AS 16.43. 20 * Sec. 30. AS 43.76.130 is amended by adding a new paragraph to read: 21 (2) "person" includes an entity that holds a limited entry permit or an 22 interim-use permit under AS 16.43. 23 * Sec. 31. AS 43.76.150(b) is amended to read: 24 (b) A person or entity holding a limited entry permit for dive gear or an 25 interim-use permit for dive gear issued under AS 16.43 shall pay a dive fishery 26 management assessment of one percent on a species of fishery resources that is subject 27 to the assessment as determined by an election under AS 43.76.160, that is taken by 28 dive gear, and that the person or entity removes from the state or transfers to a buyer 29 in the state. 30 * Sec. 32. AS 43.76.150(c) is amended to read: 31 (c) A person or entity holding a limited entry permit for dive gear or an
01 interim-use permit for dive gear issued under AS 16.43 shall pay a dive fishery 02 management assessment of three percent on a species of fishery resources that is 03 subject to the assessment as determined by an election under AS 43.76.160, that is 04 taken by dive gear, and that the person or entity removes from the state or transfers to 05 a buyer in the state. 06 * Sec. 33. AS 43.76.150(d) is amended to read: 07 (d) A person or entity holding a limited entry permit for dive gear or an 08 interim-use permit for dive gear issued under AS 16.43 shall pay a dive fishery 09 management assessment of five percent on a species of fishery resources that is 10 subject to the assessment as determined by an election under AS 43.76.160, that is 11 taken by dive gear, and that the person or entity removes from the state or transfers to 12 a buyer in the state. 13 * Sec. 34. AS 43.76.150(e) is amended to read: 14 (e) A person or entity holding a limited entry permit for dive gear or an 15 interim-use permit for dive gear issued under AS 16.43 shall pay a dive fishery 16 management assessment of seven percent on a species of fishery resources that is 17 subject to the assessment as determined by an election under AS 43.76.160, that is 18 taken by dive gear, and that the person or entity removes from the state or transfers to 19 a buyer in the state. 20 * Sec. 35. AS 43.76.160(g) is amended to read: 21 (g) In this section, "eligible interim-use permit and entry permit holder" means 22 an individual or an entity who, 90 days before the date ballots must be postmarked to 23 be counted in an election under this section, is listed in the records of the Alaska 24 Commercial Fisheries Entry Commission as the legal holder of an interim-use permit 25 for dive gear or an entry permit for dive gear that authorizes the individual to fish 26 commercially in the administrative area for the species of fishery resource for which 27 the dive fishery management assessment is to be approved, amended, or terminated. 28 * Sec. 36. AS 43.76.170(b) is amended to read: 29 (b) The commissioner of revenue shall amend the rate of a dive fishery 30 management assessment under (a) of this section following an election in an 31 administrative area if
01 (1) a petition, that is signed by at least 25 percent of the number of 02 eligible interim-use permit and entry permit holders [PERSONS] who voted under 03 AS 43.76.160 in the most recent election approving or amending the dive fishery 04 management assessment on the species of fishery resources in the administrative area 05 that are the subject of the petition, is presented to the commissioner of fish and game 06 requesting amendment of the rate of the dive fishery management assessment on a 07 species of fishery resources; the petition must state whether the proposed rate of the 08 dive fishery management assessment is to be levied under AS 43.76.150(b), (c), (d), or 09 (e); only a person or entity who would be eligible to vote in an election to amend the 10 rate of the assessment may validly sign the petition; 11 (2) an election is held in accordance with AS 43.76.160; the ballot 12 must ask the question whether the dive fishery management assessment on a species of 13 fishery resources taken in the administrative area shall be amended and must state 14 whether the dive fishery management assessment on the species of fishery resources is 15 to be levied under AS 43.76.150(b), (c), (d), or (e) if the assessment is amended; the 16 ballot must be worded so that a "yes" vote is for amendment of the dive fishery 17 management assessment and a "no" vote is for continuation of the current dive fishery 18 management assessment; 19 (3) a majority of the eligible interim-use permit and entry permit 20 holders who vote in the election cast a ballot for the amendment of the dive fishery 21 management assessment; in this paragraph, "eligible interim-use permit and entry 22 permit holders" has the meaning given in AS 43.76.160; and 23 (4) the qualified regional dive fishery development association 24 provides notice of the election in accordance with AS 43.76.160 within two months 25 after receiving notice from the commissioner of fish and game that a valid petition 26 under (1) of this subsection has been received. 27 * Sec. 37. AS 43.76.180(b) is amended to read: 28 (b) The commissioner of revenue shall terminate a dive fishery management 29 assessment under (a) of this section following an election in an administrative area if 30 (1) a petition, that is signed by at least 25 percent of the number of 31 eligible interim-use permit and entry permit holders [PERSONS] who voted under
01 AS 43.76.160 in the most recent election approving or amending the dive fishery 02 management assessment on the species of fishery resources in the administrative area 03 that are the subject of the petition, is presented to the commissioner of fish and game 04 requesting termination of the dive fishery management assessment on a species of 05 fishery resources; only a person or entity who would be eligible to vote in an election 06 to repeal the assessment may validly sign the petition; 07 (2) an election is held in accordance with AS 43.76.160; the ballot 08 must ask the question whether the dive fishery management assessment on a species of 09 fishery resources taken in the administrative area shall be terminated; the ballot must 10 be worded so that a "yes" vote is for continuation of the dive fishery management 11 assessment and a "no" vote is for termination of the dive fishery management 12 assessment; 13 (3) a majority of the eligible interim-use permit and entry permit 14 holders who vote in the election cast a ballot for the termination of the dive fishery 15 management assessment; in this paragraph, "eligible interim-use permit and entry 16 permit holders" has the meaning given in AS 43.76.160; and 17 (4) the qualified regional dive fishery development association 18 provides notice of the election in accordance with AS 43.76.160 within two months 19 after receiving notice from the commissioner of fish and game that a valid petition 20 under (1) of this subsection has been received.