Enrolled HB 365: Relating to sharing records regarding fish purchased by fish processors with certain federal agencies, to requirements to obtain and maintain a fisheries business license, and to payment of industry fees required of fish processors; and providing for an effective date.
00Enrolled HB 365 01 Relating to sharing records regarding fish purchased by fish processors with certain federal 02 agencies, to requirements to obtain and maintain a fisheries business license, and to payment 03 of industry fees required of fish processors; and providing for an effective date. 04 _______________ 05 * Section 1. AS 16.05.815(a) is amended to read: 06 (a) Except as provided in (b) and (c) of this section, records required by 07 regulations of the department concerning the landings of fish, shellfish, or fishery 08 products, and annual statistical reports of fishermen, buyers, and processors required 09 by regulation of the department are confidential and may not be released by the 10 department or by the Alaska Commercial Fisheries Entry Commission except as set 11 out in this subsection. The department may release the records and reports set out in 12 this subsection to the Alaska Commercial Fisheries Entry Commission. The 13 department and the Alaska Commercial Fisheries Entry Commission may release the
01 records and reports set out in this subsection to the recipients identified in this 02 subsection if the recipient, other than a recipient under (5) - (9) of this subsection, 03 agrees to maintain the confidentiality of the records and reports. The department and 04 the Alaska Commercial Fisheries Entry Commission may release 05 (1) any of the records and reports to the National Marine Fisheries 06 Service and the professional staff of the North Pacific Fishery Management Council as 07 required for preparation and implementation of the fishery management plans of the 08 North Pacific Fishery Management Council within the exclusive economic zone; 09 (2) any of the records and reports to the professional staff of the 10 Pacific States Marine Fisheries Commission who are employed in the Alaska Fisheries 11 Information Network project for the purpose of exchanging information with users 12 authorized by the department; 13 (3) any of the records and reports to the Department of Revenue to 14 assist the department in carrying out its statutory responsibilities; 15 (4) records or reports of the total value purchased by each buyer to a 16 municipality that levies and collects a tax on fish, shellfish, or fishery products if the 17 municipality requires records of the landings of fish, shellfish, or fishery products to 18 be submitted to it for purposes of verification of taxes payable; 19 (5) such records and reports as necessary to be in conformity with a 20 court order; 21 (6) on request, the report of a person to the person whose fishing 22 activity is the subject of the report, or to a designee of the person whose fishing 23 activity is the subject of the report; 24 (7) on request, annual statistical reports of a fisherman, buyer, or 25 processor to the fisherman, buyer, or processor whose activity is the subject of the 26 report, or to a designee of the fisherman, buyer, or processor whose activity is the 27 subject of the report; 28 (8) any of the records and reports to the Department of Public Safety 29 for law enforcement purposes; 30 (9) fish tickets, fish ticket information, records required of sport 31 fishing guides, and annual statistical reports of fishermen, buyers, and processors and
01 information in those reports to the law enforcement personnel of the National Marine 02 Fisheries Service and the National Oceanic and Atmospheric Administration for the 03 purpose of enforcing fishery laws in waters of this state and in waters of the exclusive 04 economic zone adjacent to this state; 05 (10) fish tickets, fish ticket information, and records required of sport 06 fishing guides regarding halibut to the International Pacific Halibut Commission; 07 (11) any of the records and reports to the child support services agency 08 created in AS 25.27.010, or the child support enforcement agency of another state, for 09 child support purposes authorized under law; [AND] 10 (12) any of the records and reports to the Department of Natural 11 Resources to assist the department in carrying out its statutory responsibilities in 12 regard to sport fishing operations and sport fishing guides within the Kenai River 13 Special Management Area under AS 41.21.500 - 41.21.514; and 14 (13) fish ticket information and records or reports of the total 15 value purchased by each fisherman, buyer, or processor to the National Marine 16 Fisheries Service for the purpose of enforcing the industry fee system of a fishing 17 capacity reduction program under 16 U.S.C. 1861a (Magnuson-Stevens Fishery 18 Conservation and Management Act). 19 * Sec. 2. AS 43.75.020(a) is amended to read: 20 (a) Application for a license shall be filed with the department and 21 accompanied by an annual fee of $25. A separate annual fee is required for each plant 22 specified in the application covered by the license. The application must contain the 23 name of the applicant, the line of business to be licensed, place of business, and other 24 facts that the department prescribes. The applicant shall state that the applicant, as a 25 condition of obtaining and maintaining the license, agrees to pay 26 (1) the taxes levied under this title, and that the applicant will make a 27 return and pay the taxes at the time provided by law; 28 (2) any seafood marketing assessment levied under AS 16.51; 29 (3) contributions imposed under AS 23.20 (Alaska Employment 30 Security Act); 31 (4) any administrative penalties assessed under AS 18.60.093 for a
01 violation of a provision of AS 18.60.010 - 18.60.105; [AND] 02 (5) any applicable fishery sales, use, or severance taxes imposed by a 03 municipality in the state; and 04 (6) any industry fee levied under a fishing capacity reduction 05 program authorized under 16 U.S.C. 1861a (Magnuson-Stevens Fishery 06 Conservation and Management Act). 07 * Sec. 3. AS 43.75.020(b) is amended to read: 08 (b) Upon receipt of an application in proper form under (a) or (c) of this 09 section, accompanied by the annual fee, the department shall issue the license if the 10 (1) applicant has paid in full, including interest and penalties, the 11 following: 12 (A) taxes levied under this title; and 13 (B) any assessments under AS 16.51; 14 (2) department has not received notification from the Department of 15 Labor and Workforce Development that the applicant has failed to pay in full 16 (A) an assessment of delinquent contributions that is final 17 under AS 23.20.205(c) or 23.20.220(c); or 18 (B) an administrative penalty that is final under AS 18.60.093 19 or 18.60.097; and 20 (3) department has not received a copy of 21 (A) a final judgment obtained against the applicant for unpaid 22 fishery sales, use, or severance taxes imposed by a municipality in the state; 23 [OR] 24 (B) a final administrative determination against the applicant 25 from a municipality in the state for unpaid fishery sales, use, or severance taxes 26 imposed by the municipality; the administrative determination must be 27 accompanied by a certification by the municipality that the municipal 28 administrative process is consistent with constitutional requirements of due 29 process and that the applicant has exhausted all administrative remedies under 30 the applicable municipal administrative process; or 31 (C) a final administrative determination against the
01 applicant from the National Marine Fisheries Service for unpaid industry 02 fees levied under a fishing capacity reduction; the administrative 03 determination must be accompanied by a certification by the National 04 Marine Fisheries Service that the federal administrative process is 05 consistent with constitutional requirements of due process and that the 06 applicant has exhausted all applicable administrative remedies. 07 * Sec. 4. This Act takes effect immediately under AS 01.10.070(c).