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CSHB 458(FSH): "An Act relating to short-term commercial fishing crewmember licenses; and providing for an effective date."

00                       CS FOR HOUSE BILL NO. 458(FSH)                                                                    
01 "An Act relating to short-term commercial fishing crewmember licenses; and providing                                    
02 for an effective date."                                                                                                 
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 16.05.480(g) is amended to read:                                                                  
05            (g)  A [FOR A CREWMEMBER FISHING LICENSE ISSUED FOR                                                      
06       CALENDAR YEAR 2002 AND FOLLOWING YEARS, A] resident engaged in                                                    
07       commercial fishing who is 11 years of age or older and who does not hold an entry                                 
08       permit or an interim-use permit shall pay a [AN ANNUAL] fee of $60 for an annual                          
09       crewmember fishing license.  A [.  FOR A CREWMEMBER FISHING LICENSE                                           
10       ISSUED FOR CALENDAR YEAR 2002 AND FOLLOWING YEARS, A] resident                                                    
11       engaged in commercial fishing who is less than 11 years of age and who does not hold                              
12       an entry permit or an interim-use permit shall pay an annual fee of $5.                                           
13    * Sec. 2.  AS 16.05.480(h) is amended to read:                                                                     
14            (h)  A [FOR A CREWMEMBER FISHING LICENSE ISSUED FOR                                                      
01       CALENDAR YEAR 2002 AND FOLLOWING YEARS, A] nonresident engaged in                                                 
02       commercial fishing who is 11 years of age or older and who does not hold an entry                                 
03       permit or an interim-use permit shall pay a [AN ANNUAL] base fee of $60 for an                            
04       annual crewmember fishing license, plus an amount, established by the department                              
05       by regulation, that is as close as is practicable to the maximum allowed by law.  A                           
06       [FOR A CREWMEMBER FISHING LICENSE ISSUED FOR CALENDAR YEAR                                                        
07       2002 AND FOLLOWING YEARS, A] nonresident engaged in commercial fishing                                            
08       who is less than 11 years of age and who does not hold an entry permit or an interim-                             
09       use permit shall pay an annual base fee of $5 plus an amount, established by the                                  
10       department by regulation, that is as close as is practicable to the maximum allowed by                            
11       law.                                                                                                              
12    * Sec. 3.  AS 16.05.480 is amended by adding a new subsection to read:                                             
13            (j)  Notwithstanding (g) and (h) of this section, a resident or nonresident                                  
14       engaged in commercial fishing who does not hold an entry permit or an interim-use                                 
15       permit may obtain                                                                                                 
16                 (1)  a one-day crewmember fishing license for a fee of $30; or                                          
17                 (2)  a three-day crewmember fishing license for a fee of $50.                                           
18    * Sec. 4.  AS 16.10.310(a) is amended to read:                                                                     
19            (a)  The department may                                                                                      
20                 (1)  make loans                                                                                         
21                      (A)  to individual commercial fishermen who have been state                                        
22            residents for a continuous period of two years immediately preceding the date                                
23            of application for a loan under AS 16.10.300 - 16.10.370, who have had an                                
24            annual [A] crewmember or commercial fishing license under AS 16.05.480 or                                
25            a permit under AS 16.43 for the year immediately preceding the date of                                       
26            application and any other two of the past five years, and who actively                                       
27            participated in the fishery during those periods                                                             
28                           (i)  for the purchase of entry permits; or                                                    
29                           (ii)  to upgrade existing vessels and gear for the purpose                                    
30                 of improving the quality of Alaska seafood products;                                                    
31                      (B)  to an individual for the repair, restoration, or upgrading of                                 
01            existing vessels and gear, for the purchase of entry permits and gear, and for                               
02            the construction and purchase of vessels, if the individual has been a state                                 
03            resident for a continuous period of two years immediately preceding the date                                 
04            of application for a loan under AS 16.10.300 - 16.10.370, and either                                         
05                           (i)  because of lack of training or lack of employment                                        
06                 opportunities in the area of residence, does not have occupational                                      
07                 opportunities available other than commercial fishing; or                                               
08                           (ii)  is economically dependent on commercial fishing                                         
09                 for a livelihood and for whom commercial fishing has been a traditional                                 
10                 way of life in Alaska;                                                                                  
11                      (C)  for the purchase of quota shares for fisheries in or off the                                  
12            state by individual commercial fishermen who                                                                 
13                           (i)  have been state residents for a continuous period of                                     
14                 two years immediately preceding the date of application for a loan                                      
15                 under AS 16.10.300 - 16.10.370;                                                                         
16                           (ii)  for any two of the past five years, possessed an                                    
17                 annual [A] crewmember or commercial fishing license under                                           
18                 AS 16.05.480 or a permit under AS 16.43 and actively participated in a                                  
19                 fishery for which the license or permit was issued;                                                     
20                           (iii)  qualify as transferees for quota shares under                                          
21                 applicable law; and                                                                                     
22                           (iv)  are not eligible for financing from other recognized                                    
23                 commercial lending institutions to purchase quota shares;                                               
24                      (D)  to an individual commercial fisherman to satisfy past due                                     
25            federal tax obligations, if the fisherman has been a state resident for a                                    
26            continuous period of two years immediately preceding the date of application                                 
27            for the loan, has filed past and current federal tax returns with the federal                                
28            government, has executed an agreement with the federal government for                                        
29            repayment of past due federal tax obligations, and either                                                    
30                           (i)  has had an annual [A] crewmember or commercial                                       
31                 fishing license under AS 16.05.480 or a permit under AS 16.43 for the                                   
01                 year immediately preceding the date of application and any other two                                    
02                 of the past five years, and has actively participated in the fishery during                             
03                 those periods;                                                                                          
04                           (ii)  because of lack of training or lack of employment                                       
05                 opportunities in the area of residence, does not have occupational                                      
06                 opportunities available other than commercial fishing; or                                               
07                           (iii)  is economically dependent on commercial fishing                                        
08                 for a livelihood and for whom commercial fishing has been a traditional                                 
09                 way of life in Alaska;                                                                                  
10                 (2)  designate agents and delegate its powers to them as necessary;                                     
11                 (3)  adopt regulations necessary to carry out the provisions of                                         
12       AS 16.10.300 - 16.10.370, including regulations to establish reasonable fees for                                  
13       services provided;                                                                                                
14                 (4)  establish amortization plans for repayment of loans, which may                                     
15       include extensions for poor fishing seasons or for adverse market conditions for                                  
16       Alaska products;                                                                                                  
17                 (5)  enter into agreements with private lending institutions, other state                               
18       agencies, or agencies of the federal government to carry out the purposes of                                      
19       AS 16.10.300 - 16.10.370;                                                                                         
20                 (6)  enter into agreements with other agencies or organizations to create                               
21       an outreach program to make loans under AS 16.10.300 - 16.10.370 in rural areas of                                
22       the state;                                                                                                        
23                 (7)  allow an assumption of a loan if                                                                   
24                      (A)  the applicant has been a state resident for a continuous                                      
25            period of two years immediately preceding the date of the request for an                                     
26            assumption; and                                                                                              
27                      (B)  approval of the assumption would be consistent with the                                       
28            purposes of AS 16.10.300; an applicant for a loan assumption may not be                                      
29            disqualified because the applicant does not meet the loan eligibility                                        
30            requirements of (1) of this subsection;                                                                      
31                 (8)  prequalify loan applicants for a limited entry permit loan or a quota                              
01       shares loan and charge a fee not to exceed $200 for prequalification;                                             
02                 (9)  charge and collect the fees established under this subsection;                                     
03                 (10)  refinance a debt obligation incurred by a borrower or borrowers                                   
04       under this section if the borrower or borrowers otherwise qualify for a loan under                                
05       AS 16.10.300 - 16.10.370;                                                                                         
06                 (11)  refinance debt obligations, not to exceed $300,000, incurred by a                                 
07       borrower or borrowers for the purchase of a commercial fishing vessel or gear if the                              
08       borrower or borrowers otherwise qualify for a loan under AS 16.10.300 - 16.10.370;                                
09       the department may collect a refinancing loan origination charge as provided by                                   
10       regulation.                                                                                                       
11    * Sec. 5.  The uncodified law of the State of Alaska is amended by adding a new section to                         
12 read:                                                                                                                   
13       TEMPORARY SURCHARGE ON ISSUANCE OF SHORT-TERM COMMERCIAL                                                          
14 FISHING CREWMEMBER LICENSES.  The Department of Fish and Game may collect an                                            
15 additional administrative fee of $3 for each one-day or three-day crewmember fishing license                            
16 issued under AS 16.05.480(j), added by sec. 3 of this Act, through December 31, 2004.                                   
17    * Sec. 6.  This Act takes effect July 1, 2004.