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HB 458: "An Act relating to a one-day commercial fishing crewmember license."

00                             HOUSE BILL NO. 458                                                                          
01 "An Act relating to a one-day commercial fishing crewmember license."                                                   
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1.  AS 16.05.480(g) is amended to read:                                                                  
04            (g)  A [FOR A CREWMEMBER FISHING LICENSE ISSUED FOR                                                      
05       CALENDAR YEAR 2002 AND FOLLOWING YEARS, A] resident engaged in                                                    
06       commercial fishing who is 11 years of age or older and who does not hold an entry                                 
07       permit or an interim-use permit shall pay a [AN ANNUAL] fee of $60 for an annual                          
08       crewmember fishing license.  A [.  FOR A CREWMEMBER FISHING LICENSE                                           
09       ISSUED FOR CALENDAR YEAR 2002 AND FOLLOWING YEARS, A] resident                                                    
10       engaged in commercial fishing who is less than 11 years of age and who does not hold                              
11       an entry permit or an interim-use permit shall pay an annual fee of $5.                                           
12    * Sec. 2.  AS 16.05.480(h) is amended to read:                                                                     
13            (h)  A [FOR A CREWMEMBER FISHING LICENSE ISSUED FOR                                                      
14       CALENDAR YEAR 2002 AND FOLLOWING YEARS, A] nonresident engaged in                                                 
15       commercial fishing who is 11 years of age or older and who does not hold an entry                                 
01       permit or an interim-use permit shall pay a [AN ANNUAL] base fee of $60 for an                            
02       annual crewmember fishing license, plus an amount, established by the department                              
03       by regulation, that is as close as is practicable to the maximum allowed by law.  A                           
04       [FOR A CREWMEMBER FISHING LICENSE ISSUED FOR CALENDAR YEAR                                                        
05       2002 AND FOLLOWING YEARS, A] nonresident engaged in commercial fishing                                            
06       who is less than 11 years of age and who does not hold an entry permit or an interim-                             
07       use permit shall pay an annual base fee of $5 plus an amount, established by the                                  
08       department by regulation, that is as close as is practicable to the maximum allowed by                            
09       law.                                                                                                              
10    * Sec. 3.  AS 16.05.480 is amended by adding a new subsection to read:                                             
11            (j)  Notwithstanding (g) and (h) of this section, a resident or nonresident                                  
12       engaged in commercial fishing who does not hold an entry permit or an interim-use                                 
13       permit may obtain a one-day crewmember fishing license for a fee of $30.                                          
14    * Sec. 4.  AS 16.10.310(a) is amended to read:                                                                     
15            (a)  The department may                                                                                      
16                 (1)  make loans                                                                                         
17                      (A)  to individual commercial fishermen who have been state                                        
18            residents for a continuous period of two years immediately preceding the date                                
19            of application for a loan under AS 16.10.300 - 16.10.370, who have had an                                
20            annual [A] crewmember or commercial fishing license under AS 16.05.480 or                                
21            a permit under AS 16.43 for the year immediately preceding the date of                                       
22            application and any other two of the past five years, and who actively                                       
23            participated in the fishery during those periods                                                             
24                           (i)  for the purchase of entry permits; or                                                    
25                           (ii)  to upgrade existing vessels and gear for the purpose                                    
26                 of improving the quality of Alaska seafood products;                                                    
27                      (B)  to an individual for the repair, restoration, or upgrading of                                 
28            existing vessels and gear, for the purchase of entry permits and gear, and for                               
29            the construction and purchase of vessels, if the individual has been a state                                 
30            resident for a continuous period of two years immediately preceding the date                                 
31            of application for a loan under AS 16.10.300 - 16.10.370, and either                                         
01                           (i)  because of lack of training or lack of employment                                        
02                 opportunities in the area of residence, does not have occupational                                      
03                 opportunities available other than commercial fishing; or                                               
04                           (ii)  is economically dependent on commercial fishing                                         
05                 for a livelihood and for whom commercial fishing has been a traditional                                 
06                 way of life in Alaska;                                                                                  
07                      (C)  for the purchase of quota shares for fisheries in or off the                                  
08            state by individual commercial fishermen who                                                                 
09                           (i)  have been state residents for a continuous period of                                     
10                 two years immediately preceding the date of application for a loan                                      
11                 under AS 16.10.300 - 16.10.370;                                                                         
12                           (ii)  for any two of the past five years, possessed an                                    
13                 annual [A] crewmember or commercial fishing license under                                           
14                 AS 16.05.480 or a permit under AS 16.43 and actively participated in a                                  
15                 fishery for which the license or permit was issued;                                                     
16                           (iii)  qualify as transferees for quota shares under                                          
17                 applicable law; and                                                                                     
18                           (iv)  are not eligible for financing from other recognized                                    
19                 commercial lending institutions to purchase quota shares;                                               
20                      (D)  to an individual commercial fisherman to satisfy past due                                     
21            federal tax obligations, if the fisherman has been a state resident for a                                    
22            continuous period of two years immediately preceding the date of application                                 
23            for the loan, has filed past and current federal tax returns with the federal                                
24            government, has executed an agreement with the federal government for                                        
25            repayment of past due federal tax obligations, and either                                                    
26                           (i)  has had an annual [A] crewmember or commercial                                       
27                 fishing license under AS 16.05.480 or a permit under AS 16.43 for the                                   
28                 year immediately preceding the date of application and any other two                                    
29                 of the past five years, and has actively participated in the fishery during                             
30                 those periods;                                                                                          
31                           (ii)  because of lack of training or lack of employment                                       
01                 opportunities in the area of residence, does not have occupational                                      
02                 opportunities available other than commercial fishing; or                                               
03                           (iii)  is economically dependent on commercial fishing                                        
04                 for a livelihood and for whom commercial fishing has been a traditional                                 
05                 way of life in Alaska;                                                                                  
06                 (2)  designate agents and delegate its powers to them as necessary;                                     
07                 (3)  adopt regulations necessary to carry out the provisions of                                         
08       AS 16.10.300 - 16.10.370, including regulations to establish reasonable fees for                                  
09       services provided;                                                                                                
10                 (4)  establish amortization plans for repayment of loans, which may                                     
11       include extensions for poor fishing seasons or for adverse market conditions for                                  
12       Alaska products;                                                                                                  
13                 (5)  enter into agreements with private lending institutions, other state                               
14       agencies, or agencies of the federal government to carry out the purposes of                                      
15       AS 16.10.300 - 16.10.370;                                                                                         
16                 (6)  enter into agreements with other agencies or organizations to create                               
17       an outreach program to make loans under AS 16.10.300 - 16.10.370 in rural areas of                                
18       the state;                                                                                                        
19                 (7)  allow an assumption of a loan if                                                                   
20                      (A)  the applicant has been a state resident for a continuous                                      
21            period of two years immediately preceding the date of the request for an                                     
22            assumption; and                                                                                              
23                      (B)  approval of the assumption would be consistent with the                                       
24            purposes of AS 16.10.300; an applicant for a loan assumption may not be                                      
25            disqualified because the applicant does not meet the loan eligibility                                        
26            requirements of (1) of this subsection;                                                                      
27                 (8)  prequalify loan applicants for a limited entry permit loan or a quota                              
28       shares loan and charge a fee not to exceed $200 for prequalification;                                             
29                 (9)  charge and collect the fees established under this subsection;                                     
30                 (10)  refinance a debt obligation incurred by a borrower or borrowers                                   
31       under this section if the borrower or borrowers otherwise qualify for a loan under                                
01       AS 16.10.300 - 16.10.370;                                                                                         
02                 (11)  refinance debt obligations, not to exceed $300,000, incurred by a                                 
03       borrower or borrowers for the purchase of a commercial fishing vessel or gear if the                              
04       borrower or borrowers otherwise qualify for a loan under AS 16.10.300 - 16.10.370;                                
05       the department may collect a refinancing loan origination charge as provided by                                   
06       regulation.                                                                                                       
07    * Sec. 5.  AS 23.35.150(3) is amended to read:                                                                     
08                 (3)  "fisherman" means a person who is the holder of an annual                                      
09       license issued [LICENSED] by the state to engage in commercial fishing under                                  
10       AS 16.05.480 or who is the holder of a permit issued under AS 16.43 and who, at the                               
11       time injury is sustained or illness is contracted, is actually so engaged or is occupied in                       
12       Alaska in preparing or dismantling boats or gear used in commercial fishing;