HB 188: "An Act relating to the authority of the Board of Fisheries to allocate within fisheries; and providing for an effective date."
00 HOUSE BILL NO. 188 01 "An Act relating to the authority of the Board of Fisheries to allocate within fisheries; 02 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 PURPOSE AND INTENT. (a) The purpose of the amendment to AS 16.05.251(e) by 07 sec. 2 of this Act is to validate and reaffirm the longstanding authority of the Board of 08 Fisheries to allocate fishery resources within a fishery and to ensure the validity of all existing 09 administrative regulations adopted under the authority of that statute. 10 (b) It is the intent of the legislature to expressly overrule those portions of the 11 decisions of the Alaska Supreme Court in Grunert v. State, 109 P.3d 924, 930-32 (Alaska 12 2005) and State, Alaska Board of Fisheries v. Grunert, 139 P.3d 1226, 1235-39 (Alaska 2006) 13 holding that the Board of Fisheries may not allocate within a fishery, thereby affirming the 14 validity of regulations, other than cooperative regulations, that may have been called into
01 question by the rationale used by the Alaska Supreme Court in those cases. 02 * Sec. 2. AS 16.05.251(e) is amended to read: 03 (e) The Board of Fisheries may allocate fishery resources among and within 04 personal use, sport, guided sport, and commercial fisheries. The board shall adopt 05 criteria for the allocation of fishery resources and shall use the criteria as appropriate 06 to particular allocation decisions. The criteria may include factors such as 07 (1) the history of each personal use, sport, guided sport, and 08 commercial fishery; 09 (2) the number of residents and nonresidents who have participated in 10 each fishery in the past and the number of residents and nonresidents who can 11 reasonably be expected to participate in the future; 12 (3) the importance of each fishery for providing residents the 13 opportunity to obtain fish for personal and family consumption; 14 (4) the availability of alternative fisheries resources; 15 (5) the importance of each fishery to the economy of the state; 16 (6) the importance of each fishery to the economy of the region and 17 local area in which the fishery is located; 18 (7) the importance of each fishery in providing recreational 19 opportunities for residents and nonresidents. 20 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 21 read: 22 RETROACTIVITY. Section 2 of this Act is retroactive to March 17, 2005. 23 * Sec. 4. This Act takes effect immediately under AS 01.10.070(c).