HB 281: "An Act relating to a moratorium on entry of vessels into the Southeast Alaska sport fish charter fishery; and providing for an effective date."
00 HOUSE BILL NO. 281 01 "An Act relating to a moratorium on entry of vessels into the Southeast Alaska sport 02 fish charter fishery; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 05 to read: 06 MORATORIUM ON VESSELS USED IN CHARTER SERVICE FOR THE 07 RECREATIONAL TAKING OF FISH AND SHELLFISH. (a) After December 31, 2003, a 08 person may not use a vessel in charter service for the recreational taking of fish and shellfish in 09 Southeast Alaska east of Cape Suckling unless the vessel has been issued a current vessel license 10 under AS 16.05.490 and a current Southeast Alaska saltwater charter vessel tab under (b) of this 11 section. 12 (b) For 2004 and subsequent calendar years, the Alaska Commercial Fisheries Entry 13 Commission shall issue an annual Southeast Alaska saltwater charter vessel tab for a vessel to be 14 used in charter service for the recreational taking of fish and shellfish in Southeast Alaska east of
01 Cape Suckling if the vessel was 02 (1) issued a vessel license under AS 16.05.490 for 2002, or, before the effective 03 date of this Act, was issued a vessel license for 2003; and 04 (2) used in charter service for the recreational taking of fish and shellfish in 05 Southeast Alaska east of Cape Suckling in 2002 or 2003, as documented by Department of Fish 06 and Game saltwater charter vessel logbooks. 07 (c) The Southeast Alaska saltwater charter vessel tab issued to a vessel under this section 08 must be affixed to the number plate attached to the vessel under AS 16.05.520. 09 (d) A person who owns a vessel for which a tab has been issued under this section may 10 request the Alaska Commercial Fisheries Entry Commission to transfer the tab to another vessel 11 if the other vessel is either a temporary or permanent replacement for the vessel for which the tab 12 was originally issued under (b) of this section. The tab transferred to the replacement vessel may 13 be renewed annually and may be further transferred to another vessel. The replaced vessel is not 14 eligible to receive a tab under this section unless the vessel is subsequently used to replace 15 another vessel for which a tab has been issued under this section. 16 (e) If a vessel for which a tab is issued or transferred under this section is sold, the owner 17 of the vessel may request the Alaska Commercial Fisheries Entry Commission to transfer the tab 18 to the new owner of the vessel. 19 (f) The transfer of a tab under (d) or (e) of this subsection may not have the effect of 20 increasing the total number of tabs issued for vessels used in charter service for the recreational 21 taking of fish and shellfish in Southeast Alaska east of Cape Suckling. 22 (g) A tab issued under this section may not be sold or otherwise transferred for value. A 23 transfer for value does not include the enhanced value of a vessel that is attributable to the 24 transfer of the ownership of the vessel that is accompanied by the transfer of the tab issued for 25 the vessel under this section to the new owner of the vessel. 26 (h) The Alaska Commercial Fisheries Entry Commission may also issue a tab under (b) 27 of this section for a vessel to be used in the charter service for the recreational taking of fish and 28 shellfish in Southeast Alaska east of Cape Suckling if 29 (1) a substantial and continuing effort toward the construction of the vessel for 30 use in charter service for the recreational taking of fish and shellfish in Southeast Alaska east of 31 Cape Suckling was begun on or before the effective date of this Act, the vessel was not
01 completed until after the effective date of this Act, and the application for the tab is made to the 02 Alaska Commercial Fisheries Entry Commission by December 31, 2003; or 03 (2) a substantial and nonrefundable payment toward the purchase of the vessel 04 for use in charter service for the recreational taking of fish and shellfish in Southeast Alaska east 05 of Cape Suckling was made on or before the effective date of this Act, the transfer of ownership 06 of the vessel did not occur until after the effective date of this Act, and the application for the tab 07 is made to the Alaska Commercial Fisheries Entry Commission by December 31, 2003. 08 (i) The Alaska Commercial Fisheries Entry Commission may adopt regulations as it 09 considers necessary to carry out this section. 10 (j) A person who violates this subsection is guilty of a class A misdemeanor. 11 * Sec. 2. This Act is repealed December 31, 2007. 12 * Sec. 3. This Act takes effect immediately under AS 01.10.070(c).