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HB 358: "An Act establishing a fisheries bycatch tax."

00                             HOUSE BILL NO. 358                                                                          
01 "An Act establishing a fisheries bycatch tax."                                                                          
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1. AS 16.05.050(a) is amended to read:                                                                   
04            (a)  The commissioner has, but not by way of limitation, the following powers                                
05       and duties:                                                                                                       
06                 (1)  through the appropriate state agency and under the provisions of                                   
07       AS 36.30 (State Procurement Code), to acquire by gift, purchase, or lease, or other                               
08       lawful means, land, buildings, water, rights-of-way, or other necessary or proper real                            
09       or personal property when the acquisition is in the interest of furthering an objective or                        
10       purpose of the department and the state;                                                                          
11                 (2)  under the provisions of AS 36.30, to design and construct                                          
12       hatcheries, pipelines, rearing ponds, fishways, and other projects beneficial for the fish                        
13       and game resources of the state;                                                                                  
14                 (3)  to accept money from any person under conditions requiring the                                     
15       use of the money for specific purposes in the furtherance of the protection,                                      
01       rehabilitation, propagation, preservation, or investigation of the fish and game                                  
02       resources of the state or in settlement of claims for damages to fish or game resources;                          
03                 (4)  to collect, classify, and disseminate statistics, data and information                             
04       that, in the commissioner's discretion, will tend to promote the purposes of this title                           
05       except AS 16.51 and AS 16.52;                                                                                     
06                 (5)  to take, capture, propagate, transport, buy, sell, or exchange fish or                             
07       game or eggs for propagating, scientific, public safety, or stocking purposes;                                    
08                 (6)  under the provisions of AS 36.30, to provide public facilities where                               
09       necessary or proper to facilitate the taking of fish or game, and to enter into                                   
10       cooperative agreements with any person to effect them;                                                            
11                 (7)  to exercise administrative, budgeting, and fiscal powers;                                          
12                 (8)  under the provisions of AS 36.30, to construct, operate, supervise,                                
13       and maintain vessels used by the department;                                                                      
14                 (9)  to authorize the holder of an interim-use permit under AS 16.43 to                                 
15       engage on an experimental basis in commercial taking of a fishery resource with                                   
16       vessel, gear, and techniques not presently qualifying for licensing under this chapter in                         
17       conformity with standards established by the Alaska Commercial Fisheries Entry                                    
18       Commission;                                                                                                       
19                 (10)  not later than January 31 of each year, to provide to the                                         
20       commissioner of revenue                                                                                           
21                      (A)  the names of those fish and shellfish species that the                                    
22            commissioner of fish and game designates as developing commercial fish                                       
23            species for that calendar year; a fish or shellfish species is a developing                                  
24            commercial fish species if, within a specified geographical region,                                          
25                           (i) [(A)]  the optimum yield from the harvest of the                                      
26                 species has not been reached;                                                                           
27                           (ii) [(B)]  a substantial portion of the allowable harvest                                
28                 of the species has been allocated to fishing vessels of a foreign nation;                               
29                 or                                                                                                      
30                           (iii) [(C)]  a commercial harvest of the fish species has                                 
31                 recently developed; and                                                                             
01                      (B)  the monetary value of bycatch for purposes of the                                         
02            fisheries bycatch tax imposed under AS 43.75.016;                                                        
03                 (11)  to initiate or conduct research necessary or advisable to carry out                               
04       the purposes of this title except AS 16.51 and AS 16.52;                                                          
05                 (12)  to enter into cooperative agreements with agencies of the federal                                 
06       government, educational institutions, or other agencies or organizations, when in the                             
07       public interest, to carry out the purposes of this title except AS 16.51 and AS 16.52;                            
08                 (13)  to implement an on-board observer program authorized by the                                       
09       Board of Fisheries under AS 16.05.251(a)(13); implementation                                                      
10                      (A)  must be as unintrusive to vessel operations as practicable;                                   
11            and                                                                                                          
12                      (B)  must make scheduling and scope of observers' activities as                                    
13            predictable as practicable;                                                                                  
14                 (14)  to sell fish caught during commercial fisheries test fishing                                      
15       operations;                                                                                                       
16                 (15)  to establish and charge fees equal to the cost of services provided                               
17       by the department, including provision of public shooting ranges, broodstock and eggs                             
18       for private nonprofit hatcheries, department publications, and other direct services, and                         
19       reasonable fees for the use of state facilities managed by the department; fees                                   
20       established under this paragraph for tours of hatchery facilities, commercial use of                              
21       sport fishing access sites, and for operation of state hatchery facilities by private                             
22       aquaculture associations are not subject to the cost limit under AS 37.10.050(a);                                 
23                 (16)  to permit and regulate aquatic farming in the state in a manner                                   
24       that ensures the protection of the state's fish and game resources and improves the                               
25       economy, health, and well-being of the citizens of the state;                                                     
26                 (17)  to operate state housing and facilities for employees, contractors,                               
27       and others in support of the department's responsibilities and to charge rent that is                             
28       consistent with applicable collective bargaining agreements, or, if no collective                                 
29       bargaining agreement is applicable, competitive with market conditions; rent received                             
30       from tenants shall be deposited in the general fund;                                                              
31                 (18)  to petition the Alaska Commercial Fisheries Entry Commission,                                     
01       unless the Board of Fisheries disapproves the petition under AS 16.05.251(g), to                                  
02       establish a moratorium on new entrants into commercial fisheries                                                  
03                      (A)  that have experienced recent increases in fishing effort that                                 
04            are beyond a low, sporadic level of effort;                                                                  
05                      (B)  that have achieved a level of harvest that may be                                             
06            approaching or exceeding the maximum sustainable level for the fishery; and                                  
07                      (C)  for which there is insufficient biological and resource                                       
08            management information necessary to promote the conservation and sustained                                   
09            yield management of the fishery;                                                                             
10                 (19)  to promote fishing, hunting, and trapping and preserve the                                        
11       heritage of fishing, hunting, and trapping in the state.                                                          
12    * Sec. 2. AS 43.75 is amended by adding a new section to read:                                                     
13            Sec. 43.75.016. Fisheries bycatch tax. (a) A person engaged in a fisheries                                 
14       business is liable for and shall pay a one percent tax on the value of bycatch the person                         
15       caught in the state during the year.                                                                              
16            (b) A person engaged in a fisheries business in the state and who catches                                    
17       bycatch that is not subject to the tax in (a) of this section, but that is brought into the                       
18       jurisdiction of, and first landed in, this state, is liable for and shall pay a landing tax on                    
19       the value of the bycatch. The amount of the landing tax is one percent on the value of                            
20       the bycatch landed during the year.                                                                               
21            (c) A person is exempt from taxation under this section if the person is an                                  
22       authorized distributor in a prohibited species donation program established by the                                
23       National Oceanic and Atmospheric Administration.                                                                  
24    * Sec. 3. AS 43.75.290(7) is amended to read:                                                                      
25                 (7)  "value" means                                                                                      
26                      (A)  the market value of the fishery resource as determined by                                     
27            the prevailing price paid to fishermen for the unprocessed fishery resource of                               
28            the same kind and quality by fisheries businesses in the same region or market                               
29            area where the fishery resource was taken if                                                                 
30                           (i)  the taking of the fishery resource is done in a boat                                     
31                 owned or leased by a person who holds a direct marketing fisheries                                      
01                 business license under AS 43.75.020(c); and                                                             
02                           (ii)  the fishery resource was sold to a buyer other than a                                   
03                 fishery business licensed under AS 43.75.020(a);                                                        
04                      (B)  for fisheries resources other than those described in (A),                                
05            (C), or (D) of this paragraph, the market value of the fishery resource if the                           
06            taking of the fishery resource is done in company-owned or company-                                          
07            subsidized boats operated by employees of the company or in boats that are                                   
08            operated under lease to or from the company or other arrangement with the                                    
09            company and if the fishery resource is delivered to the company; in this                                     
10            subparagraph, "company" means a fisheries business, a subsidiary of a                                        
11            fisheries business, or a subsidiary of a parent company of a fisheries business;                             
12            "company" does not include a direct marketing fisheries business licensed                                    
13            under AS 43.75.020(c); or                                                                                    
14                      (C)  for fishery resources other than those described in (A),                                  
15            [OR] (B), or (D) of this paragraph, the actual price paid for the fishery                                
16            resource by the fisheries business to the fisherman, including indirect                                      
17            consideration and bonus amounts paid for fuel, supplies, gear, ice, handling,                                
18            tender fees, or delivery, whether paid at the time of purchase of the fishery                                
19            resource or tendered as a deferred or delayed payment; in this subparagraph,                                 
20            "delivery" means                                                                                             
21                           (i)  transportation of the fishery resource from the boat                                     
22                 or vessel on which the product was taken to a tender; or                                                
23                           (ii)  if delivery was not to a tender, transportation of the                                  
24                 fishery resource from the boat or vessel on which the product was taken                                 
25                 to a shore-based facility in which delivery of the fishery resource is                                  
26                 normally accepted;                                                                                  
27                      (D)  for bycatch, the value established by the commissioner                                    
28            of fish and game under AS 16.05.050(a)(10).                                                              
29    * Sec. 4. AS 43.75.290 is amended by adding a new paragraph to read:                                               
30                 (8)  "bycatch" means chinook salmon and non-target halibut caught                                       
31       with trawl or longline gear that are harvested in a fishery but are not sold or kept for                          
01       personal use.