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HB 341: "An Act relating to the dive fishery management assessment."

00                             HOUSE BILL NO. 341                                                                          
01 "An Act relating to the dive fishery management assessment."                                                            
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1.  AS 43.76.150 is amended to read:                                                                     
04            Sec. 43.76.150.  Dive fishery management assessment.  (a)  A dive fishery                                  
05       management assessment on fishery resources taken by dive gear shall be levied on the                              
06       value of the fishery resource taken in a dive gear fishery.  The species of fishery                               
07       resources subject to the assessment and the rate of the assessment, as determined                                 
08       under (b) - (h) [(b) - (e)] of this section, shall be determined by an election under                         
09       AS 43.76.160.                                                                                                     
10            (b)  A person holding a limited entry permit for dive gear or an interim-use                                 
11       permit for dive gear issued under AS 16.43 shall pay a dive fishery management                                    
12       assessment of one percent on a species of fishery resources that is subject to the                                
13       assessment as determined by an election under AS 43.76.160, that is taken by dive                                 
14       gear, and that the person removes from the state or transfers to a buyer in the state.                            
15            (c)  A person holding a limited entry permit for dive gear or an interim-                                
01       use permit for dive gear issued under AS 16.43 shall pay a dive fishery                                       
02       management assessment of two 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 removes from the state or transfers to a                              
05       buyer in the state.                                                                                           
06            (d)  A person holding a limited entry permit for dive gear or an interim-use                             
07       permit for dive gear issued under AS 16.43 shall pay a dive fishery management                                    
08       assessment of three percent on a species of fishery resources that is subject to the                              
09       assessment as determined by an election under AS 43.76.160, that is taken by dive                                 
10       gear, and that the person removes from the state or transfers to a buyer in the state.                            
11            (e)  A person holding a limited entry permit for dive gear or an interim-                                
12       use permit for dive gear issued under AS 16.43 shall pay a dive fishery                                       
13       management assessment of four percent on a species of fishery resources that is                               
14       subject to the assessment as determined by an election under AS 43.76.160, that is                            
15       taken by dive gear, and that the person removes from the state or transfers to a                              
16       buyer in the state.                                                                                           
17            (f) [(d)]  A person holding a limited entry permit for dive gear or an interim-                          
18       use permit for dive gear issued under AS 16.43 shall pay a dive fishery management                                
19       assessment of five percent on a species of fishery resources that is subject to the                               
20       assessment as determined by an election under AS 43.76.160, that is taken by dive                                 
21       gear, and that the person removes from the state or transfers to a buyer in the state.                            
22            (g)  A person holding a limited entry permit for dive gear or an interim-                                
23       use permit for dive gear issued under AS 16.43 shall pay a dive fishery                                       
24       management assessment of six percent on a species of fishery resources that is                                
25       subject to the assessment as determined by an election under AS 43.76.160, that is                            
26       taken by dive gear, and that the person removes from the state or transfers to a                              
27       buyer in the state.                                                                                           
28            (h) [(e)]  A person holding a limited entry permit for dive gear or an interim-                          
29       use permit for dive gear issued under AS 16.43 shall pay a dive fishery management                                
30       assessment of seven percent on a species of fishery resources that is subject to the                              
31       assessment as determined by an election under AS 43.76.160, that is taken by dive                                 
01       gear, and that the person removes from the state or transfers to a buyer in the state.                            
02            (i) [(f)]  A dive fishery management assessment may only be levied or                                    
03       collected on a fishery resource in an administrative area if                                                      
04                 (1)  there exists in that administrative area an association determined by                              
05       the commissioner of fish and game to be a qualified regional dive fishery development                             
06       association under AS 16.40.240; and                                                                               
07                 (2)  the species of fishery resource subject to the dive fishery                                        
08       management assessment and the rate of the dive fishery management assessment, as                                  
09       provided under (b) - (h) [(b) - (e)] of this section, is approved by an election under                        
10       AS 43.76.160.                                                                                                     
11    * Sec. 2.  AS 43.76.160(b) is amended to read:                                                                     
12            (b)  The dive fishery management assessment is levied under AS 43.76.150(b),                                 
13       (c), (d), [OR] (e), (f), (g), or (h) in an administrative area on the effective date stated                   
14       on the ballot if                                                                                                  
15                 (1)  the assessment is approved by a majority vote of the eligible                                      
16       interim-use permit and entry permit holders voting in an election held in the                                     
17       administrative area under this section; and                                                                       
18                 (2)  the election results are certified by the commissioner of fish and                                 
19       game.                                                                                                             
20    * Sec. 3.  AS 43.76.160(c) is amended to read:                                                                     
21            (c)  In conducting an election under this section, a qualified regional dive                                 
22       fishery development association shall adopt the following procedures:                                             
23                 (1)  the qualified regional dive fishery development association in the                                 
24       administrative area shall hold at least one public meeting not less than 30 days before                           
25       the date on which ballots must be postmarked to be counted in the election to explain,                            
26       as appropriate, the reason for approval or amendment of the proposed dive fishery                                 
27       management assessment, the reason for the proposed rate of the dive fishery                                       
28       management assessment, or the reason for termination of the dive fishery management                               
29       assessment and to explain the registration and voting procedure to be used in the                                 
30       election; the qualified regional dive fishery development association shall provide                               
31       notice of the meeting by                                                                                          
01                      (A)  mailing the notice to each eligible interim-use permit and                                    
02            entry permit holder;                                                                                         
03                      (B)  posting the notice in at least three public places in the                                     
04            administrative area; and                                                                                     
05                      (C)  publishing the notice in at least one newspaper of general                                    
06            circulation in the administrative area at least once a week for two consecutive                              
07            weeks before the meeting;                                                                                    
08                 (2)  the qualified regional dive fishery development association shall                                  
09       mail two ballots to each eligible interim-use permit and entry permit holder; the first                           
10       ballot shall be mailed not more than 45 days before the date ballots must be                                      
11       postmarked to be counted in the election; the second ballot shall be mailed not less                              
12       than 15 days before the date ballots must be postmarked to be counted in the election;                            
13       the qualified regional dive fishery development association shall adopt procedures to                             
14       ensure that only one ballot from each eligible interim-use permit and entry permit                                
15       holder is counted in the election;                                                                                
16                 (3)  the ballot must                                                                                    
17                      (A)  indicate the species of fishery resources subject to the dive                                 
18            fishery management assessment;                                                                               
19                      (B)  indicate whether the election relates to a dive fishery                                       
20            management assessment under AS 43.76.150(b), (c), (d), [OR] (e), (f), (g), or                            
21            (h);                                                                                                     
22                      (C)  ask the question whether the dive fishery management                                          
23            assessment on the fishery resources addressed on the ballot shall be approved,                               
24            amended, or terminated, as appropriate;                                                                      
25                      (D)  indicate the boundaries of the administrative area in which                                   
26            the dive fishery management assessment will be levied or terminated;                                         
27                      (E)  provide an effective date for the approval, amendment, or                                     
28            termination of the dive fishery management assessment; and                                                   
29                      (F)  indicate the date on which returned ballots must be                                           
30            postmarked in order to be counted;                                                                           
31                 (4)  the ballots shall be returned by mail and shall be counted by an                                   
01       auditor selected by the qualified regional dive fishery development association and                               
02       approved by the commissioner of fish and game; the qualified regional dive fishery                                
03       development association shall pay the costs of counting the ballots.                                              
04    * Sec. 4.  AS 43.76.170 is amended to read:                                                                        
05            Sec. 43.76.170.  Amendment of dive fishery management assessment.  (a)                                     
06       The rate of the dive fishery management assessment levied on a species of fishery                                 
07       resources under AS 43.76.150(b), (c), (d), [OR] (e), (f), (g), or (h)  may be amended                         
08       by the commissioner of revenue upon majority vote at an election held under                                       
09       AS 43.76.160 in the administrative area in which the dive fishery management                                      
10       assessment is levied.                                                                                             
11            (b)  The commissioner of revenue shall amend the rate of a dive fishery                                      
12       management assessment under (a) of this section following an election in an                                       
13       administrative area if                                                                                            
14                 (1)  a petition, that is signed by at least 25 percent of the number of                                 
15       persons who voted under AS 43.76.160 in the most recent election approving or                                     
16       amending the dive fishery management assessment on the species of fishery resources                               
17       in the administrative area that are the subject of the petition, is presented to the                              
18       commissioner of fish and game requesting amendment of the rate of the dive fishery                                
19       management assessment on a species of fishery resources; the petition must state                                  
20       whether the proposed rate of the dive fishery management assessment is to be levied                               
21       under AS 43.76.150(b), (c), (d), [OR] (e), (f), (g), or (h); only a person who would be                       
22       eligible to vote in an election to amend the rate of the assessment may validly sign the                          
23       petition;                                                                                                         
24                 (2)  an election is held in accordance with AS 43.76.160; the ballot                                    
25       must ask the question whether the dive fishery management assessment on a species of                              
26       fishery resources taken in the administrative area shall be amended and must state                                
27       whether the dive fishery management assessment on the species of fishery resources is                             
28       to be levied under AS 43.76.150(b), (c), (d), [OR] (e), (f), (g), or (h) if the assessment                    
29       is amended; the ballot must be worded so that a "yes" vote is for amendment of the                                
30       dive fishery management assessment and a "no" vote is for continuation of the current                             
31       dive fishery management assessment;                                                                               
01                 (3)  a majority of the eligible interim-use permit and entry permit                                     
02       holders who vote in the election cast a ballot for the amendment of the dive fishery                              
03       management assessment; in this paragraph, "eligible interim-use permit and entry                                  
04       permit holders" has the meaning given in AS 43.76.160; and                                                        
05                 (4)  the qualified regional dive fishery development association                                        
06       provides notice of the election in accordance with AS 43.76.160 within two months                                 
07       after receiving notice from the commissioner of fish and game that a valid petition                               
08       under (1) of this subsection has been received.                                                                   
09    * Sec. 5.  AS 43.76.180(a) is amended to read:                                                                     
10            (a)  The dive fishery management assessment levied on a species of fishery                                   
11       resources under AS 43.76.150(b), (c), (d), [OR] (e), (f), (g), or (h) shall be terminated                     
12       by the commissioner of revenue upon majority vote at an election held under                                       
13       AS 43.76.160 in the administrative area in which the dive fishery management                                      
14       assessment is levied.                                                                                             
15    * Sec. 6.  AS 43.76.190(a) is amended to read:                                                                     
16            (a)  A buyer who acquires a fishery resource that is subject to a dive fishery                               
17       management assessment levied under AS 43.76.150(b), (c), (d), [OR] (e), (f), (g), or                          
18       (h) shall collect the dive fishery management assessment at the time of purchase and                          
19       shall remit the total dive fishery management assessment collected during each                                    
20       calendar quarter to the Department of Revenue by the last day of the month following                              
21       the end of the calendar quarter.  In this subsection, "calendar quarter" means each of                            
22       the three-month periods ending March 31, June 30, September 30, and December 31.                                  
23    * Sec. 7.  AS 43.76.190(c) is amended to read:                                                                     
24            (c)  The owner of fishery resources removed from the state is liable for                                     
25       payment of the dive fishery management assessment levied under AS 43.76.150(b),                                   
26       (c), (d), [OR] (e), (f), (g), or (h)  if, at the time the fishery resource is removed from                    
27       the state, the assessment payable on the fishery resource has not been collected by a                             
28       buyer.  If the owner of the fishery resource is liable for payment of the dive fishery                            
29       management assessment under this subsection, the owner shall comply with the                                      
30       requirements under (a) and (b) of this section to remit the assessment to the                                     
31       Department of Revenue and to maintain records.