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 AS 08.54.760(b) is repealed and reenacted to read: 06 (b) Except as otherwise provided in this subsection, hunt records received 07 under this section and activity reports received under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