HB 267: "An Act requiring the release of certain records relating to big game hunters, guided hunts, and guided sport fishing activities to municipalities for verification of taxes payable; and providing for an effective date."
00 HOUSE BILL NO. 267 01 "An Act requiring the release of certain records relating to big game hunters, guided 02 hunts, and guided sport fishing activities to municipalities for verification of taxes 03 payable; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 08.54.760(b) is amended to read: 06 (b) The department shall make hunt records received under this section, and 07 activity reports received under AS 08.54.650, available to state agencies, federal law 08 enforcement agencies, and other law enforcement agencies if requested, and to a 09 municipality that levies a tax on those activities if the municipality requests the 10 records for the purpose of verifying taxes payable. Aggregated data compiled from 11 hunt records and activity reports may be included in reports by the department. For all 12 other purposes, the hunt records and activity reports are confidential and are not 13 subject to inspection or copying under AS 40.25.110 - 40.25.125. 14 * Sec. 2. AS 16.05.815(a) is amended to read:
01 (a) Except as provided in (b) and (c) of this section, records required by 02 regulations of the department concerning the landings of fish, shellfish, or fishery 03 products, and annual statistical reports of fishermen, buyers, and processors required 04 by regulation of the department are confidential and may not be released by the 05 department or by the Alaska Commercial Fisheries Entry Commission except as set 06 out in this subsection. The department may release the records and reports set out in 07 this subsection to the Alaska Commercial Fisheries Entry Commission. The 08 department and the Alaska Commercial Fisheries Entry Commission may release the 09 records and reports set out in this subsection to the recipients identified in this 10 subsection if the recipient, other than a recipient under (6) - (10) [(5) - (9)] of this 11 subsection, agrees to maintain the confidentiality of the records and reports. The 12 department and the Alaska Commercial Fisheries Entry Commission may release 13 (1) any of the records and reports to the National Marine Fisheries 14 Service and the professional staff of the North Pacific Fishery Management Council as 15 required for preparation and implementation of the fishery management plans of the 16 North Pacific Fishery Management Council within the exclusive economic zone; 17 (2) any of the records and reports to the professional staff of the 18 Pacific States Marine Fisheries Commission who are employed in the Alaska Fisheries 19 Information Network project for the purpose of exchanging information with users 20 authorized by the department; 21 (3) any of the records and reports to the Department of Revenue to 22 assist the department in carrying out its statutory responsibilities; 23 (4) records or reports of the total value purchased by each buyer to a 24 municipality that levies and collects a tax on fish, shellfish, or fishery products if the 25 municipality requires records of the landings of fish, shellfish, or fishery products to 26 be submitted to it for purposes of verification of taxes payable; 27 (5) records or reports of guided sport fishing activities filed by a 28 guide to a municipality that levies a tax on those activities if the municipality 29 requests the records for the purpose of verifying taxes payable; 30 (6) such records and reports as necessary to be in conformity with a 31 court order;
01 (7) [(6)] on request, the report of a person to the person whose fishing 02 activity is the subject of the report, or to a designee of the person whose fishing 03 activity is the subject of the report; 04 (8) [(7)] on request, annual statistical reports of a fisherman, buyer, or 05 processor to the fisherman, buyer, or processor whose activity is the subject of the 06 report, or to a designee of the fisherman, buyer, or processor whose activity is the 07 subject of the report; 08 (9) [(8)] any of the records and reports to the Department of Public 09 Safety for law enforcement purposes; 10 (10) [(9)] fish tickets, fish ticket information, records required of sport 11 fishing guides, and annual statistical reports of fishermen, buyers, and processors and 12 information in those reports to the law enforcement personnel of the National Marine 13 Fisheries Service and the National Oceanic and Atmospheric Administration for the 14 purpose of enforcing fishery laws in waters of this state and in waters of the exclusive 15 economic zone adjacent to this state; 16 (11) [(10)] fish tickets, fish ticket information, and records required of 17 sport fishing guides regarding halibut to the International Pacific Halibut Commission; 18 (12) [(11)] any of the records and reports to the child support services 19 agency created in AS 25.27.010, or the child support enforcement agency of another 20 state, for child support purposes authorized under law; 21 (13) [(12)] any of the records and reports to the Department of Natural 22 Resources to assist the department in carrying out its statutory responsibilities in 23 regard to sport fishing operations and sport fishing guides within the Kenai River 24 Special Management Area under AS 41.21.500 - 41.21.514; and 25 (14) [(13)] fish ticket information and records or reports of the total 26 value purchased by each fisherman, buyer, or processor to the National Marine 27 Fisheries Service for the purpose of enforcing the industry fee system of a fishing 28 capacity reduction program under 16 U.S.C. 1861a (Magnuson-Stevens Fishery 29 Conservation and Management Act). 30 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 31 read:
01 APPLICABILITY. (a) AS 08.54.760(b), as amended by sec. 1 of this Act, requires the 02 Department of Commerce, Community, and Economic Development to make a record 03 reported under AS 08.54.650 or 08.54.760(b) available to a requesting municipality that levies 04 a tax on the reported activity, regardless of whether the activity occurred before, on, or after 05 the effective date of this Act. 06 (b) AS 16.05.815(a), as amended by sec. 2 of this Act, requires the Department of 07 Fish and Game to make a record of guided sport fishing activity filed by a guide available to a 08 requesting municipality that levies a tax on the guided sport fishing activity, regardless of 09 whether the activity occurred before, on, or after the effective date of this Act. 10 * Sec. 4. This Act takes effect immediately under AS 01.10.070(c).