CSHB 118(RES): "An Act relating to the transportation and sale of certain commercially caught fish by an agent of a commercial fishing permit holder and to the sale of fish; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 118(RES) 01 "An Act relating to the transportation and sale of certain commercially caught fish by 02 an agent of a commercial fishing permit holder and to the sale of fish; and providing for 03 an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 16.05 is amended by adding a new section to read: 06 Sec. 16.05.671. Transportation and sale of certain fish by an agent of the 07 fisherman who caught the fish. (a) A person may transport and sell commercially 08 taken fish as the agent of the commercial fisherman who caught the fish if the person 09 holds a fish transporter permit issued by the commissioner under this section. 10 (b) The commissioner may issue a fish transporter permit to a natural person. 11 A fish transporter permit authorizes the permittee to transport and sell commercially 12 taken fish as the agent of the commercial fisherman who caught the fish. A fish 13 transporter may not buy or process fish received for transport unless the fish 14 transporter also holds the appropriate licenses, permits, and other authorizations
01 required to buy or process fish. 02 (c) A commercial fisherman may authorize a fish transporter to transport and 03 sell fish on behalf of the fisherman as the agent of the fisherman. The fish transporter 04 shall complete a fish ticket in accordance with procedures prescribed by the 05 department for each fisherman who transfers fish to the fish transporter. The fish 06 ticket must accompany the fish transferred to the fish transporter while the fish are in 07 possession of the fish transporter. The fish transporter shall present the fish ticket for 08 inspection upon request by a peace officer or representative of the commissioner. The 09 fish transporter shall present the fish ticket to the buyer of the fish at the time of sale. 10 The buyer of the fish shall complete the fish ticket by inserting the buyer's information 11 as required by the department, including the weight or count of fish purchased. The 12 buyer shall return a copy of the fish ticket to the commercial fisherman on whose 13 behalf the fish are sold. 14 (d) A commercial fisherman who transfers fish to a fish transporter to 15 transport and sell fish on behalf of the fisherman shall provide the fish transporter with 16 all required information that the fisherman would have to provide to the buyer of the 17 fish if the fisherman were to personally sell the fish to the buyer. The fish transporter 18 who sells fish as the agent of a commercial fisherman shall provide all information to 19 the buyer of the fish that the commercial fisherman would have to provide to the buyer 20 if the fisherman were to personally sell the fish. 21 (e) A commercial fisherman may also hold a fish transporter permit. A 22 commercial fisherman who holds a fish transporter permit may simultaneously 23 transport or sell fish that the fisherman caught as well as fish caught by other 24 commercial fishermen. A commercial fisherman who is simultaneously operating as a 25 fish transporter shall physically possess 26 (1) the fish ticket completed under (c) of this section for the fish being 27 transported or sold on behalf of another fisherman; and 28 (2) other documentation that may be prescribed by the commissioner 29 by regulation. 30 (f) The commissioner may adopt regulations the commissioner considers 31 necessary to implement this section. The regulations may not conflict with regulations
01 or management plans adopted by the Board of Fisheries. The regulations may include 02 (1) criteria for determining areas or fisheries for which transporter 03 permits may not be issued because 04 (A) fish transporter operations may alter harvest rates for the 05 area or fishery to the extent that conservation of the resource is jeopardized, 06 may significantly impair the ability of the department to accurately determine 07 catch or effort levels, or may interfere with fishery management, allocation, or 08 enforcement matters; 09 (B) a fishery is managed through allocations of the harvest to 10 individuals, such as trip limits or quota shares; or 11 (C) combining of catches by multiple fishermen on a vessel 12 may impair the ability of the department to accurately determine the incidental 13 catch by each fisherman; 14 (2) requirements for timely and accurate reporting and record keeping; 15 or 16 (3) procedures to maintain quality of harvested resources. 17 (g) Fish transferred to the possession of a fish transporter under the authority 18 of this section are property of the fisherman who caught the fish until the fish are sold 19 to a buyer by the fish transporter on behalf of the fisherman. 20 (h) In this section, "fish" means salmon, herring, or Pacific cod. 21 * Sec. 2. AS 16.05.675(a) is amended to read: 22 (a) A person who does not hold a limited entry permit or interim-use permit 23 issued under AS 16.43 or a fish transporter permit issued under AS 16.05.671 may 24 not deliver or land fish in the state unless the person 25 (1) holds a valid federal permit to operate commercial fishing gear in 26 the fishery conservation zone; and 27 (2) has been issued a landing permit by the Alaska Commercial 28 Fisheries Entry Commission. 29 * Sec. 3. AS 16.05.680 is amended to read: 30 Sec. 16.05.680. Unlawful practices. (a) It is unlawful for a person, or an 31 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 person [FISHERMAN] who [NEITHER] 05 is not 06 (A) the holder of a limited entry, interim-use, or landing permit 07 issued under AS 16.43; 08 (B) a fish transporter who is selling the fish as the agent of 09 the holder of a limited entry, interim-use, or landing permit issued under 10 AS 16.43; or 11 (C) [, NOR IS] exempt under AS 16.05.660; [,] or 12 (3) to purchase fish from an association other than one to which a 13 permit has been issued under AS 16.05.662. 14 (b) A person may not sell salmon that was not harvested under the authority of 15 the entry permit, interim-use permit, or landing permit under which the salmon is sold. 16 For purposes of this subsection, salmon sold by a fish transporter on behalf of the 17 commercial fisherman who harvested the salmon is salmon harvested under the 18 authority of the limited entry, interim-use, or landing permit under which the 19 salmon is sold. 20 * Sec. 4. AS 16.05.940 is amended by adding a new paragraph to read: 21 (37) "fish transporter" means a natural person who holds a fish 22 transporter permit issued under AS 16.05.671. 23 * Sec. 5. AS 16.10.265(a) is amended to read: 24 (a) An individual may not, while acting as a fish processor or primary fish 25 buyer, or as an agent, director, officer, member, or employee of a fish processor, of a 26 primary fish buyer, or of a cooperative corporation organized under AS 10.15, 27 intentionally or knowingly make an original purchase of fish from a seller who [, IN 28 VIOLATION OF AS 16.43,] does not hold 29 (1) a landing permit, an entry permit, or an interim-use permit; or 30 (2) a fish transporter permit under AS 16.05.671. 31 * Sec. 6. AS 16.10.267(b) is amended to read:
01 (b) If requested by the purchaser of the fish or by a peace officer, the 02 fisherman or fish transporter shall present for inspection the identification card, 03 entry permit, interim-use permit, fish transporter permit, or other document required 04 to be in the fisherman's or the fish transporter's possession under (a) or (e) of this 05 section. 06 * Sec. 7. AS 16.10.267(c) is amended to read: 07 (c) Examples of a suitable identification card required under (a)(2) and (e)(2) 08 of this section are a motor vehicle operator's license issued under AS 28.15.111 and an 09 identification card issued under AS 18.65.310. 10 * Sec. 8. AS 16.10.267 is amended by adding a new subsection to read: 11 (e) When a fish transporter sells fish as the agent of the commercial fisherman 12 who caught the fish, the fish transporter shall possess 13 (1) a fish transporter permit and the fish ticket completed by the fish 14 transporter under AS 16.05.671(c); and 15 (2) an identification card that has been issued to the fish transporter by 16 a state or federal agency or other organization designated by the Department of Public 17 Safety and that bears a photograph of the fish transporter. 18 * Sec. 9. AS 25.27.244(s)(2)(A) is amended by adding a new sub-subparagraph to read: 19 (xvii) fish transporter permit under AS 16.05.671. 20 * Sec. 10. This Act takes effect immediately under AS 01.10.070(c).