CSHB 137(FIN): "An Act raising certain fees related to sport fishing, hunting, and trapping; relating to the fish and game fund; providing for the repeal of the sport fishing surcharge and sport fishing facility revenue bonds; replacing the permanent sport fishing, hunting, or trapping identification card for certain residents with an identification card valid for three years; relating to fish and game conservation decals; raising the age of eligibility for a sport fishing, hunting, or trapping license exemption for state residents; raising the age at which a state resident is required to obtain a license for sport fishing, hunting, or trapping; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 137(FIN) 01 "An Act raising certain fees related to sport fishing, hunting, and trapping; relating to 02 the fish and game fund; providing for the repeal of the sport fishing surcharge and sport 03 fishing facility revenue bonds; replacing the permanent sport fishing, hunting, or 04 trapping identification card for certain residents with an identification card valid for 05 three years; relating to fish and game conservation decals; raising the age of eligibility 06 for a sport fishing, hunting, or trapping license exemption for state residents; raising the 07 age at which a state resident is required to obtain a license for sport fishing, hunting, or 08 trapping; and providing for an effective date." 09 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 10 * Section 1. AS 16.05.100 is amended to read: 11 Sec. 16.05.100. Fish and game fund established. There is created a revolving 12 fish and game fund, which shall be used exclusively for the following:
01 (1) to carry out the purposes and provisions of this title, except 02 AS 16.51 and AS 16.52, or other duties that may be delegated by the legislature to the 03 commissioner or the department; and 04 (2) [TO PAY THE PRINCIPAL OF AND INTEREST ON REVENUE 05 BONDS ISSUED UNDER AS 37.15.765 - 37.15.799 TO FINANCE THE 06 CONSTRUCTION AND RENOVATION OF FISHERIES REHABILITATION, 07 ENHANCEMENT, AND DEVELOPMENT PROJECTS THAT BENEFIT SPORT 08 FISHING; AND 09 (3)] to carry out the purposes and objectives within the scope of this 10 title except AS 16.51 and AS 16.52 as may be directed by the donor of any such funds. 11 * Sec. 2. AS 16.05.251(a) is amended to read: 12 (a) The Board of Fisheries may adopt regulations it considers advisable in 13 accordance with AS 44.62 (Administrative Procedure Act) for 14 (1) setting apart fish reserve areas, refuges, and sanctuaries in the 15 waters of the state over which it has jurisdiction, subject to the approval of the 16 legislature; 17 (2) establishing open and closed seasons and areas for the taking of 18 fish; if consistent with resource conservation and development goals, the board may 19 adopt regulations establishing restricted seasons and areas necessary for 20 (A) persons 62 [60] years of age and older to participate in 21 sport, personal use, or subsistence fishing; or 22 (B) residents under 18 years of age and nonresidents 23 [PERSONS] under 16 years of age to participate in sport fishing; 24 (3) setting quotas, bag limits, harvest levels, and sex and size 25 limitations on the taking of fish; 26 (4) establishing the means and methods employed in the pursuit, 27 capture, and transport of fish; 28 (5) establishing marking and identification requirements for means 29 used in pursuit, capture, and transport of fish; 30 (6) classifying as commercial fish, sport fish, guided sport fish, 31 personal use fish, subsistence fish, or predators or other categories essential for
01 regulatory purposes; 02 (7) watershed and habitat improvement, and management, 03 conservation, protection, use, disposal, propagation, and stocking of fish; 04 (8) investigating and determining the extent and effect of disease, 05 predation, and competition among fish in the state, exercising control measures 06 considered necessary to the resources of the state; 07 (9) prohibiting and regulating the live capture, possession, transport, or 08 release of native or exotic fish or their eggs; 09 (10) establishing seasons, areas, quotas, and methods of harvest for 10 aquatic plants; 11 (11) establishing the times and dates during which the issuance of 12 fishing licenses, permits, and registrations and the transfer of permits and registrations 13 between registration areas is allowed; however, this paragraph does not apply to 14 permits issued or transferred under AS 16.43; 15 (12) regulating commercial, sport, guided sport, subsistence, and 16 personal use fishing as needed for the conservation, development, and utilization of 17 fisheries; 18 (13) requiring, in a fishery, observers on board fishing vessels, as 19 defined in AS 16.05.475(d), that are registered under the laws of the state, as defined 20 in AS 16.05.475(c), after making a written determination that an onboard [ON- 21 BOARD] observer program 22 (A) is the only practical data-gathering or enforcement 23 mechanism for that fishery; 24 (B) will not unduly disrupt the fishery; 25 (C) can be conducted at a reasonable cost; and 26 (D) can be coordinated with observer programs of other 27 agencies, including the National Marine Fisheries Service, North Pacific 28 Fishery Management Council, and the International Pacific Halibut 29 Commission; 30 (14) establishing nonexclusive, exclusive, and superexclusive 31 registration and use areas for regulating commercial fishing;
01 (15) regulating resident or nonresident sport fishermen as needed for 02 the conservation, development, and utilization of fishery resources; 03 (16) requiring unlicensed fishing vessels present in or transiting the 04 waters of the state to report to the department the quantity, species, and origin of fish 05 on board; in this paragraph, "unlicensed fishing vessel" means a fishing vessel that is 06 not licensed under AS 16.05.490 - 16.05.530; 07 (17) promoting fishing and preserving the heritage of fishing in the 08 state. 09 * Sec. 3. AS 16.05.340(a)(1) is amended to read: 10 (1) Resident sport fishing license ......................................... $20 [$15] 11 However, the fee is 50 [25] cents for a resident who is blind. 12 * Sec. 4. AS 16.05.340(a)(1), as amended by sec. 3 of this Act, is amended to read: 13 (1) Resident sport fishing license ......................................... $29 [$20] 14 However, the fee is 50 cents for a resident who is blind. 15 * Sec. 5. AS 16.05.340(a)(2) is amended to read: 16 (2) Resident hunting license ..................................................... 30 [25] 17 * Sec. 6. AS 16.05.340(a)(3) is amended to read: 18 (3) Resident hunting and trapping license .................................45 [39] 19 * Sec. 7. AS 16.05.340(a)(4) is amended to read: 20 (4) Resident trapping license .................................................... 20 [15] 21 * Sec. 8. AS 16.05.340(a)(5) is amended to read: 22 (5) Resident hunting and sport fishing license ......................... 45 [39] 23 * Sec. 9. AS 16.05.340(a)(5), as amended by sec. 8 of this Act, is amended to read: 24 (5) Resident hunting and sport fishing license ......................... 54 [45] 25 * Sec. 10. AS 16.05.340(a)(6) is amended to read: 26 (6) Resident hunting, trapping, and sport fishing license ........ 60 [53]; 27 (A) however, the fee is $5 for an applicant who 28 [(i) IS RECEIVING OR HAS RECEIVED 29 ASSISTANCE DURING THE PRECEDING SIX MONTHS UNDER 30 ANY STATE OR FEDERAL WELFARE PROGRAM TO AID THE 31 INDIGENT; OR
01 (ii)] has an annual family or household [GROSS] 02 income equal to or [OF] less than the most recent poverty guidelines 03 for the state set by the United States Department of Health and 04 Human Services [$8,200] for the year preceding application; 05 (B) a person paying $5 for a resident hunting, trapping, and 06 sport fishing license must provide proof of eligibility under this paragraph 07 when requested by the department. 08 * Sec. 11. AS 16.05.340(a)(6), as amended by sec. 10 of this Act, is amended to read: 09 (6) Resident hunting, trapping, and sport fishing license .........69 [60]; 10 (A) however, the fee is $5 for an applicant who has an annual 11 family or household income equal to or less than the most recent poverty 12 guidelines for the state set by the United States Department of Health and 13 Human Services for the year preceding application; 14 (B) a person paying $5 for a resident hunting, trapping, and 15 sport fishing license must provide proof of eligibility under this paragraph 16 when requested by the department. 17 * Sec. 12. AS 16.05.340(a)(7) is amended to read: 18 (7) Nonresident sport fishing license - valid for the period inscribed on 19 the license 20 (A) For 14-day license .................................................. 60 [50] 21 (B) For seven-day license ............................................. 40 [30] 22 (C) For three-day license .............................................. 30 [20] 23 (D) For one-day license ................................................ 15 [10] 24 * Sec. 13. AS 16.05.340(a)(7), as amended by sec. 12 of this Act, is amended to read: 25 (7) Nonresident sport fishing license - valid for the period inscribed on 26 the license 27 (A) For 14-day license ...................................................69 [60] 28 (B) For seven-day license ..............................................49 [40] 29 (C) For three-day license ...............................................39 [30] 30 (D) For one-day license .................................................24 [15] 31 * Sec. 14. AS 16.05.340(a)(8) is amended to read:
01 (8) Nonresident annual sport fishing license ........................ 150 [100] 02 * Sec. 15. AS 16.05.340(a)(8), as amended by sec. 14 of this Act, is amended to read: 03 (8) Nonresident annual sport fishing license .........................159 [150] 04 * Sec. 16. AS 16.05.340(a)(9) is amended to read: 05 (9) Nonresident hunting license .............................................. 130 [85] 06 * Sec. 17. AS 16.05.340(a)(11) is amended to read: 07 (11) Nonresident hunting and trapping license .................... 350 [250] 08 * Sec. 18. AS 16.05.340(a)(15) is amended to read: 09 (15) Nonresident big game tags 10 A nonresident may not take a big game animal without previously purchasing a 11 numbered, nontransferable, appropriate tag, issued under this paragraph. The tag must 12 be affixed to the animal immediately upon capture and must remain affixed until the 13 animal is prepared for storage, consumed, or exported. A tag issued but not used for an 14 animal may be used to satisfy the tagging requirement for an animal of any other 15 species for which the tag fee is of equal or less value. 16 (A) Bear, black, each ................................................ 600 [225] 17 (B) Bear, brown or grizzly, each ............................1,200 [500] 18 (C) Bison, each ......................................................... 900 [450] 19 (D) Caribou, each ..................................................... 650 [325] 20 (E) Deer, each ........................................................... 275 [150] 21 (F) Elk, each ............................................................. 575 [300] 22 (G) Goat, each .......................................................... 575 [300] 23 (H) Moose, each ....................................................... 800 [400] 24 (I) Sheep, each .......................................................... 850 [425] 25 (J) Wolf, each ........................................................................30 26 A nonresident is not required to have a nonresident wolf tag to take a wolf in a 27 game management unit if the Board of Game has adopted an intensive 28 management program under AS 16.05.255(e) [AS 16.05.255] for all or a 29 portion of the game management unit. 30 (K) Wolverine, each ................................................. 325 [175] 31 (L) Musk oxen, each ........................................... 2,200 [1,100]
01 * Sec. 19. AS 16.05.340(a)(17) is amended to read: 02 (17) Waterfowl conservation tag ................................................ 10 [5] 03 (A) A person may not engage in waterfowl hunting without 04 having the current year's waterfowl tag in the person's actual possession, unless 05 that person 06 (i) qualifies for a $5 license fee under (6) of this 07 subsection; 08 (ii) is a resident under the age of 18 [16]; 09 (iii) is 62 [60] years of age or older and is a resident; 10 (iv) is a disabled veteran eligible for a free license under 11 AS 16.05.341. 12 (B) The Board of Game shall by regulation exempt the 13 requirement of a waterfowl conservation tag for waterfowl hunting in areas of 14 the state not likely to benefit from programs described in AS 16.05.130(b)(2) - 15 (4). 16 * Sec. 20. AS 16.05.340(a)(19) is amended to read: 17 (19) Nonresident small game hunting license .......................... 30 [20] 18 * Sec. 21. AS 16.05.340(a)(20) is amended to read: 19 (20) Nonresident alien hunting license ................................. 600 [300] 20 A nonresident alien may not take a big game animal without previously purchasing a 21 numbered, nontransferable, appropriate tag, issued under (21) of this subsection. The 22 tag must be affixed to the animal immediately upon capture and must remain affixed 23 until the animal is prepared for storage, consumed, or exported. A tag issued but not 24 used for an animal may be used to satisfy the tagging requirement for an animal of any 25 other species for which the tag fee is of equal or less value. 26 * Sec. 22. AS 16.05.340(a)(21) is amended to read: 27 (21) Nonresident alien big game tags 28 (A) Bear, black, each ................................................ 600 [300] 29 (B) Bear, brown or grizzly, each ............................1,300 [650] 30 (C) Bison, each .......................................................1,300 [650] 31 (D) Caribou, each ..................................................... 850 [425]
01 (E) Deer, each ........................................................... 400 [200] 02 (F) Elk, each ............................................................. 800 [400] 03 (G) Goat, each .......................................................... 800 [400] 04 (H) Moose, each .................................................... 1,000 [500] 05 (I) Musk oxen, each ............................................ 3,000 [1,500] 06 (J) Sheep, each ....................................................... 1,100 [550] 07 (K) Wolf, each ...................................................................... 50 08 A nonresident alien is not required to have a nonresident alien wolf tag to take 09 a wolf in a game management unit if the Board of Game has adopted an 10 intensive management program under AS 16.05.255(e) [AS 16.05.255] for all 11 or a portion of the game management unit. 12 (L) Wolverine, each .................................................. 500 [250] 13 * Sec. 23. AS 16.05.340(a)(23) is amended to read: 14 (23) Resident anadromous king salmon tag ............................. 15 [10] 15 A resident may not engage in sport fishing for anadromous king salmon without 16 having the current year's anadromous king salmon tag in the resident's actual 17 possession, unless that person 18 (A) qualifies for a 50 [25] cent license fee under (1) of this 19 subsection; 20 (B) is under the age of 18 [16]; 21 (C) is 62 [60] years of age or older and has been a resident of 22 the state for at least one year; 23 (D) is a disabled veteran eligible for a free license under 24 AS 16.05.341; or 25 (E) qualifies for a $5 license fee under (6) of this subsection. 26 * Sec. 24. AS 16.05.340(a)(24) is amended to read: 27 (24) Nonresident anadromous king salmon tag - valid for the period 28 inscribed on the tag 29 (A) for a one-day tag .................................................... 15 [10] 30 (B) for a three-day tag .................................................. 30 [20] 31 (C) for a seven-day tag ................................................. 45 [30]
01 (D) for a 14-day tag ...................................................... 75 [50] 02 (E) for an annual tag ................................................. 150 [100] 03 A nonresident may not engage in sport fishing for anadromous 04 king salmon without having a valid anadromous king salmon tag in the 05 person's actual possession, unless that person is under the age of 16. Members 06 of the military service on active duty who are permanently stationed in the 07 state, and their dependents, who do not qualify as residents under 08 AS 16.05.415, may obtain an annual nonresident military anadromous king 09 salmon tag for $30 [$20]. 10 * Sec. 25. AS 16.05 is amended by adding a new section to read: 11 Sec. 16.05.352. Fish and game conservation decal. The department shall 12 annually produce and make available to the public fish and game conservation decals. 13 The department shall, by appropriate means, provide for the selection of designs for 14 fish and game conservation decals and for the production and sale of the decals. The 15 department may produce and sell different decals in quantities that the commissioner 16 considers appropriate. Upon payment of a $20 fee, a person may purchase a fish and 17 game conservation decal from the department. Subject to appropriation by the 18 legislature, money received under this section may be used by the department to fund 19 programs benefiting fish and wildlife conservation. Those programs may include fish 20 and wildlife viewing, fish and wildlife education, and programs relating to fish and 21 wildlife diversity. 22 * Sec. 26. AS 16.05.400 is amended to read: 23 Sec. 16.05.400. Persons exempt from annual licensing requirements 24 [LICENSE REQUIREMENT]. (a) A license is not required of a resident under 18 25 years of age or a nonresident [PERSON] under [THE AGE OF] 16 years of age for 26 sport fishing nor is a license required of a resident under 18 years of age [THE AGE 27 OF 16] for hunting or trapping. 28 (b) Upon request, and without charge, the commissioner shall issue a sport 29 fishing, hunting, or trapping identification card to [A SPORT FISHING, 30 HUNTING, OR TRAPPING LICENSE IS NOT REQUIRED OF] a resident who is 31 62 [60] years of age or older. An identification card issued under this subsection is
01 valid for three years [MORE]. The commissioner shall issue an [A PERMANENT] 02 identification card without charge to a person [PERSONS] who qualifies 03 [QUALIFY] by age and residence and who completes [COMPLETE] the forms 04 required by the commissioner for implementation of this subsection. A person who is 05 eligible for an [ISSUED A PERMANENT] identification card under this subsection 06 may not sport fish, hunt, or trap without having a valid identification card issued 07 under this subsection or the appropriate license [SHALL HAVE IT] in possession 08 [WHILE SPORT FISHING, HUNTING, OR TRAPPING]. 09 * Sec. 27. AS 16.05.403(c) is amended to read: 10 (c) A resident who is 65 years of age or older may obtain from the department 11 upon payment of the fee prescribed in AS 16.05.330 - 16.05.430 and upon submission 12 of satisfactory proof of age a resident hunting license, a resident sport fishing license, 13 a resident subsistence fishing permit, or a resident personal use fishing permit 14 indicating that the purchaser is a person who is 65 years of age or older. This 15 subsection does not limit the right of a resident person who is 65 years of age or older 16 to obtain an identification card [CLAIM AN EXEMPTION FROM HUNTING OR 17 SPORT FISHING LICENSE REQUIREMENTS] under AS 16.05.400(b). 18 * Sec. 28. AS 16.05.405(b) is amended to read: 19 (b) Notwithstanding AS 16.05.420(c), a resident holding a valid resident 20 hunting license may take game on behalf of a person who is blind, a person with 21 physical disabilities, or a person who is 65 years of age or older if the resident 22 possesses on the resident's person 23 (1) a document signed by the person on whose behalf the game is 24 taken, stating that the resident possesses the person's hunting license or 25 [PERMANENT] identification card issued under AS 16.05.400(b) in order to take 26 game on behalf of that person; and 27 (2) the person's 28 (A) resident hunting license issued under AS 16.05.403 or 29 [PERMANENT] identification card issued under AS 16.05.400(b); and 30 (B) harvest ticket, tag, stamp, or other document required by 31 law as a condition of taking the game being hunted.
01 * Sec. 29. AS 16.05.405(c) is amended to read: 02 (c) Notwithstanding AS 16.05.420(c), a resident holding a valid 03 noncommercial fishing license may take fish on behalf of a person who is blind, a 04 person with physical disabilities, or a person who is 65 years of age or older if the 05 resident possesses on the resident's person 06 (1) a document signed by the person on whose behalf the fish is taken, 07 stating that the resident possesses the person's sport fishing license, subsistence fishing 08 permit, personal use fishing permit, or [PERMANENT] identification card issued 09 under AS 16.05.400(b) in order to take fish on behalf of that person; 10 (2) the person's 11 (A) resident sport fishing license issued under AS 16.05.403 or 12 [PERMANENT] identification card issued under AS 16.05.400(b); 13 (B) resident subsistence fishing permit issued under 14 AS 16.05.403; or 15 (C) resident personal use fishing permit issued under 16 AS 16.05.403; and 17 (3) all other documents issued to the person that are required by law as 18 a condition of taking the fish being pursued. 19 * Sec. 30. AS 16.05.405(e) is amended to read: 20 (e) A resident who takes, or attempts to take, fish or game on behalf of a 21 person under this section may also simultaneously engage in fishing or hunting for the 22 resident's use; however, the resident may not take or attempt to take fish or game by 23 proxy for more than one person at a time. For the purposes of this subsection, a 24 resident is engaged in taking, or attempting to take, fish or game by proxy while the 25 resident has possession of 26 (1) another person's 27 (A) license, permit, or identification card issued under 28 AS 16.05.400(b) and all other documents issued to the person that are required 29 by law as a condition of taking the fish or game being pursued; and 30 (B) signed document under (b)(1) or (c)(1) of this section; or 31 (2) fish or game taken on behalf of another person.
01 * Sec. 31. AS 16.05.415(i) is amended to read: 02 (i) In this section, "license" means a license, tag, permit, stamp, identification 03 card issued under AS 16.05.400(b), or other indicia of permission to engage in an 04 activity subject to AS 16.05.330 - 16.05.430. 05 * Sec. 32. AS 16.05.130(e), 16.05.130(f), 16.05.340(j); AS 37.15.765, 37.15.770, 06 37.15.773, 37.15.777, 37.15.780, 37.15.783, 37.15.787, 37.15.790, 37.15.793, and 37.15.799 07 are repealed. 08 * Sec. 33. The uncodified law of the State of Alaska is amended by adding a new section to 09 read: 10 APPLICABILITY AND TRANSITION. (a) Notwithstanding the change made to 11 AS 16.05.340(a)(17)(A)(iii) by sec. 19 of this Act, the change made to 12 AS 16.05.340(a)(23)(C) by sec. 23 of this Act, and the changes made to AS 16.05.400(b) by 13 sec. 26 of this Act, a resident who was eligible for a sport fishing, hunting, or trapping license 14 exemption under AS 16.05.400(b), as that subsection read before the effective date of sec. 26 15 of this Act, shall be eligible for an identification card issued under AS 16.05.400(b), as 16 amended by sec. 26 of this Act, notwithstanding the requirement under that subsection that a 17 resident must be 62 years of age or older to obtain an identification card. 18 (b) A permanent identification card issued under AS 16.05.400(b), as that subsection 19 read before the effective date of sec. 26 of this Act, shall continue to be recognized as valid 20 for the purposes issued until January 1, 2019. On or after January 1, 2019, a permanent 21 identification card issued under former AS 16.05.400(b) is void. 22 (c) The Department of Fish and Game shall send a notice to the address provided by a 23 current holder of a permanent identification card issued under AS 16.05.400(b), as that 24 subsection read before the effective date of sec. 26 of this Act, that, notwithstanding the 25 amendment of AS 16.05.400(b) by sec. 26 of this Act, the holder's permanent identification 26 card remains valid until December 31, 2018. 27 * Sec. 34. The uncodified law of the State of Alaska is amended by adding a new section to 28 read: 29 NOTICE TO THE REVISOR OF STATUTES. The commissioner of fish and game 30 shall notify the revisor of statutes of the date that the principal amount of the bonds issued 31 under AS 37.15.765 - 37.15.799, together with the interest on them and any interest owing on
01 unpaid installments of interest, and all other obligations with respect to the bonds, has been 02 fully met and discharged. 03 * Sec. 35. The uncodified law of the State of Alaska is amended by adding a new section to 04 read: 05 CONDITIONAL EFFECT. Sections 1, 4, 9, 11, 13, 15, and 32 of this Act take effect 06 only if the commissioner of fish and game, under sec. 34 of this Act, notifies the revisor of 07 statutes that the bonds issued under AS 37.15.765 - 37.15.799, and all obligations with respect 08 to the bonds, are fully met and discharged. 09 * Sec. 36. If, under sec. 35 of this Act, secs. 1, 4, 9, 11, 13, 15, and 32 of this Act take 10 effect, they take effect January 1 of the calendar year following the year of notice under sec. 11 35 of this Act. 12 * Sec. 37. Except as provided in sec. 36 of this Act, this Act takes effect January 1, 2016.