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SSSB 211: "An Act relating to the temporary transfer of limited entry commercial fishing permits; and providing for an effective date."

00 SPONSOR SUBSTITUTE FOR SENATE BILL NO. 211 01 "An Act relating to the temporary transfer of limited entry commercial fishing permits; 02 and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 05 to read: 06 SHORT TITLE. This Act may be known as the Alaska Master Fisher Retirement 07 Transfer Act. 08 * Sec. 2. AS 16.05.253(a) is amended to read: 09 (a) The Board of Fisheries may require a person who holds a limited entry 10 permit or an interim-use permit under AS 16.43 or who is a temporary transferee 11 under AS 16.43.180 or 16.43.185 to be physically present at a beach or riparian 12 fishing site during the operation of net gear or other stationary fishing gear at the site, 13 except when the permit holder or temporary transferee is at or traveling to or from 14 the location of

01 (1) a sale of fish caught in the gear; or 02 (2) other stationary gear of the permit holder or temporary 03 transferee. 04 * Sec. 3. AS 16.05.480(a) is amended to read: 05 (a) A person engaged in commercial fishing shall obtain a commercial fishing 06 license and shall retain the license in possession and readily available for inspection 07 during fishing operations. An entry permit or interim-use permit entitles the holder, or 08 person to whom the entry permit is temporarily transferred under AS 16.43.180 09 or 16.43.185, to participate as a gear operator in the fishery for which the permit is 10 issued and to participate as a crewmember in any fishery. A temporary transferee 11 under AS 16.43.185 shall obtain a crewmember license to participate as a 12 crewmember for the portion of a fishing season in which the person is not fishing 13 as a temporary transferee. A crewmember fishing license is not transferable and 14 entitles the holder to participate as a crewmember in any fishery. 15 * Sec. 4. AS 16.05.480(g) is amended to read: 16 (g) A resident engaged in commercial fishing who is 11 years of age or older 17 and who does not hold an entry permit or an interim-use permit or who is not fishing 18 as a temporary transferee under AS 16.43.180 or 16.43.185 shall, except as 19 provided in (i) of this section, pay a fee of $60 for an annual crewmember fishing 20 license. A resident engaged in commercial fishing who is less than 11 years of age and 21 who does not hold an entry permit or an interim-use permit or who is not fishing as a 22 temporary transferee under AS 16.43.180 or 16.43.185 shall pay an annual fee of 23 $5. 24 * Sec. 5. AS 16.05.480(h) is amended to read: 25 (h) A nonresident engaged in commercial fishing who is 11 years of age or 26 older and who does not hold an entry permit or an interim-use permit or who is not 27 fishing as a temporary transferee under AS 16.43.180 or 16.43.185 shall, except as 28 provided in (i) of this section, pay a base fee of $60 for an annual crewmember fishing 29 license, plus an amount, established by the department by regulation, that is as close as 30 is practicable to the maximum allowed by law. A nonresident engaged in commercial 31 fishing who is less than 11 years of age and who does not hold an entry permit or an

01 interim-use permit or who is not fishing as a temporary transferee under 02 AS 16.43.180 or 16.43.185 shall pay an annual base fee of $5 plus an amount, 03 established by the department by regulation, that is as close as is practicable to the 04 maximum allowed by law. 05 * Sec. 6. AS 16.05.480(i) is amended to read: 06 (i) Notwithstanding (g) and (h) of this section, a resident or nonresident 07 engaged in commercial fishing who does not hold an entry permit or an interim-use 08 permit or who is not fishing as a temporary transferee under AS 16.43.180 or 09 16.43.185 may obtain one seven-day crewmember fishing license under this 10 subsection annually. A person who obtains a seven-day license is not eligible for 11 another seven-day license in the same license year; however, if a person who obtains a 12 seven-day license pays the full fee for an annual crewmember fishing license under (g) 13 or (h) of this section during the same license year, the person is entitled to receive a 14 refund of the fee for the seven-day license. The department shall adopt regulations 15 establishing a refund procedure. During the period for which the seven-day license is 16 valid, a person who holds a seven-day license may not engage in fishing with a rod 17 and reel while present on a commercial fishing vessel. The fee for a seven-day license 18 is $30. 19 * Sec. 7. AS 16.05.480(j) is amended to read: 20 (j) In this section, "commercial fishing license" includes an entry permit and 21 an interim-use permit issued under AS 16.43, an entry permit temporarily 22 transferred under AS 16.43.180 or 16.43.185, and a crewmember fishing license. 23 * Sec. 8. AS 16.05.675(a) is amended to read: 24 (a) A person who does not hold a limited entry permit or interim-use permit 25 issued under AS 16.43 or a fish transporter permit issued under AS 16.05.671 or who 26 is not a temporary transferee under AS 16.43.180 or 16.43.185 may not deliver or 27 land fish in the state unless the person 28 (1) holds a valid federal permit to operate commercial fishing gear in 29 the fishery conservation zone; and 30 (2) has been issued a landing permit by the Alaska Commercial 31 Fisheries Entry Commission.

01 * Sec. 9. AS 16.05.680(a) is amended to read: 02 (a) It is unlawful for a person, or an agent or representative of the person, 03 (1) to employ, in the harvesting, transporting, or purchasing of fish, a 04 fisherman who [NEITHER] is not licensed under AS 16.05.480, who [NOR] is not 05 the holder of a permit issued under AS 16.43, or who is not a temporary transferee 06 under AS 16.43.180 or 16.43.185; 07 (2) to purchase fish from a person who is not 08 (A) the holder of a limited entry, interim-use, or landing permit 09 issued under AS 16.43 or who is not a temporary transferee under 10 AS 16.43.180 or 16.43.185; 11 (B) a fish transporter who is selling the fish as the agent of the 12 holder of a limited entry, interim-use, or landing permit issued under AS 16.43 13 or who is not a temporary transferee under AS 16.43.180 or 16.43.185; or 14 (C) exempt under AS 16.05.660; or 15 (3) to purchase fish from an association other than one to which a 16 permit has been issued under AS 16.05.662. 17 * Sec. 10. AS 16.05.723(b) is amended to read: 18 (b) If a person is convicted under this section of one of the following offenses, 19 then, in addition to the penalties imposed under (a) of this section, the court may 20 impose a fine equal to the gross value of the fish found on board or at the fishing site 21 at the time of the violation: 22 (1) commercial fishing in closed waters; 23 (2) commercial fishing during a closed period or season; 24 (3) commercial fishing with unlawful gear, including a net, pot, tackle, 25 or other device designed or employed to take fish commercially; or 26 (4) commercial fishing without a limited entry permit holder or 27 temporary transferee under AS 16.43.180 or 16.43.185 on board if the holder or 28 temporary transferee is required by law or regulation to be present. 29 * Sec. 11. AS 16.10.265(a) is amended to read: 30 (a) An individual may not, while acting as a fish processor or primary fish 31 buyer, or as an agent, director, officer, member, or employee of a fish processor, of a

01 primary fish buyer, or of a cooperative corporation organized under AS 10.15, 02 intentionally or knowingly make an original purchase of fish from a seller who [DOES 03 NOT HOLD] 04 (1) does not hold a landing permit, an entry permit, or an interim-use 05 permit; [OR] 06 (2) does not hold a fish transporter permit under AS 16.05.671; or 07 (3) is not a temporary transferee under AS 16.43.180 or 16.43.185. 08 * Sec. 12. AS 16.10.267(a) is amended to read: 09 (a) When a fisherman sells fish, the fisherman shall possess 10 (1) a landing permit, entry permit, or interim-use permit issued, [OR] 11 transferred [TO THE FISHERMAN] under AS 16.43, or temporarily transferred 12 under AS 16.43.180 or 16.43.185, or other document authorized by regulation to be 13 used in place of an entry permit or interim-use permit; and 14 (2) an identification card that has been issued to the fisherman by a 15 state or federal agency or other organization designated by the Department of Public 16 Safety and that bears a photograph of the fisherman. 17 * Sec. 13. AS 16.10.455(b) is amended to read: 18 (b) A hatchery permit holder may, by a majority vote of the membership of 19 the hatchery permit holder's board, elect to harvest surplus salmon produced at a 20 facility in a terminal harvest area established for that facility through the common 21 property fishery. At the request of the hatchery permit holder and if the commissioner 22 of fish and game determines that there are no allocative issues involved, and after 23 reasonable consultation with affected commercial fishermen and the organizations of 24 affected commercial fishermen, the commissioner may adopt regulations governing 25 the harvest of surplus salmon in a terminal harvest area when the hatchery permit 26 holder elects to harvest surplus salmon produced at a facility through a common 27 property fishery. The regulations must specify the terms, conditions, and rules under 28 which the common property fishery in the terminal harvest area shall be conducted, 29 including requirements for hold inspections and reporting of harvests and sales of 30 salmon taken in the terminal harvest area. Following adoption of regulations by the 31 department, each year before March 10, the hatchery permit holder's board, by a

01 majority vote of the board's membership, may determine whether the hatchery will 02 operate under the regulations adopted under this subsection during the current calendar 03 year, and shall notify the department if the hatchery intends to operate under the 04 regulations adopted under this subsection. The Board of Fisheries may adopt 05 regulations under AS 16.05.251 regarding a fisheries management plan governing 06 operations under this subsection in a terminal harvest area, including allocation plans. 07 Participation in the fishery must be open to all interim-use permit holders, [AND] 08 entry permit holders, and temporary transferees under AS 16.43.180 or 16.43.185 09 [WHO HOLD PERMITS] to operate a type of gear that may be used in the fishing 10 district in which the terminal harvest area is located if that type of gear is authorized 11 by regulation to be used in the terminal harvest area. An interim-use permit holder, 12 [OR] an entry permit holder, or a temporary transferee under AS 16.43.180 or 13 16.43.185 who takes salmon in a common property fishery in a terminal harvest area 14 may sell the salmon to any fish buyer or processor who is licensed to do business in 15 the state. 16 * Sec. 14. AS 16.43.100(a) is amended to read: 17 (a) To accomplish the purposes set out in AS 16.43.010, the commission shall 18 (1) regulate entry into the commercial fisheries for all fishery resources 19 in the state; 20 (2) establish priorities for the application of the provisions of this 21 chapter to the various commercial fisheries of the state; 22 (3) establish administrative areas suitable for regulating and 23 controlling entry into the commercial fisheries; 24 (4) establish, for all types of gear, the maximum number of entry 25 permits for each administrative area; 26 (5) designate, when necessary to accomplish the purposes of this 27 chapter, particular species for which separate interim-use permits or entry permits will 28 be issued; 29 (6) establish qualifications for the issuance of entry permits; 30 (7) issue entry permits to qualified applicants; 31 (8) issue interim-use permits as provided in AS 16.43.210, 16.43.220,

01 and 16.43.225; 02 (9) establish, for all types of gear, the optimum number of entry 03 permits for each administrative area; 04 (10) administer the buy-back program provided for in AS 16.43.310 05 and 16.43.320 to reduce the number of outstanding entry permits to the optimum 06 number of entry permits; 07 (11) provide for the transfer and reissuance of entry permits to 08 qualified transferees; 09 (12) provide for the transfer and reissuance of entry permits for 10 alternative types of legal gear, in a manner consistent with the purposes of this 11 chapter; 12 (13) establish and administer the collection of the annual fees provided 13 for in AS 16.43.160; 14 (14) administer the issuance of commercial fishing vessel licenses 15 under AS 16.05.490; 16 (15) issue educational entry permits to applicants who qualify under 17 the provisions of AS 16.43.340 - 16.43.390; 18 (16) establish reasonable user fees for services; 19 (17) issue landing permits under AS 16.05.675 and regulations adopted 20 under that section; 21 (18) establish and collect annual fees for the issuance of landing 22 permits that reasonably reflect the costs incurred in the administration and 23 enforcement of provisions of law related to landing permits; 24 (19) establish a moratorium on entry into commercial fisheries as 25 provided in AS 16.43.225; 26 (20) when requested by a regional development organization formed 27 under former AS 44.33.895, provide to the organization, without charge, public 28 information contained in the commission's data with respect to relevant fisheries, 29 including limited fisheries, fishery participants, and limited entry permit holders' 30 harvests and earnings; [AND] 31 (21) administer, when necessary to accomplish the purposes of this

01 chapter, a Bering Sea hair crab fishery vessel permit system under AS 16.43.451 - 02 16.43.521; and 03 (22) approve temporary transfers to applicants qualified under 04 AS 16.43.185 and regulations adopted under that section. 05 * Sec. 15. AS 16.43.140(a) is amended to read: 06 (a) A person may not operate gear in the commercial taking of fishery 07 resources if the person does not hold [WITHOUT] a valid entry permit or a valid 08 interim-use permit or the person is not a temporary transferee under AS 16.43.180 09 or 16.43.185 [ISSUED BY THE COMMISSION]. 10 * Sec. 16. AS 16.43.140(b) is amended to read: 11 (b) A permit is not required of a crewmember or other person assisting in the 12 operation of a unit of gear engaged in the commercial taking of fishery resources as 13 long as the holder of the entry permit or [THE] interim-use permit or the temporary 14 transferee under AS 16.43.180 or 16.43.185 for that particular unit of gear is at all 15 times present and actively engaged in the operation of the gear. 16 * Sec. 17. AS 16.43.150(a) is amended to read: 17 (a) Except as may be otherwise provided under AS 16.43.270(d), an entry 18 permit authorizes the permittee, or individual to whom an entry permit is 19 temporarily transferred under AS 16.43.180 or 16.43.185, to operate a unit of gear 20 within a specified fishery. 21 * Sec. 18. AS 16.43.150(b) is amended to read: 22 (b) The holder of an entry permit or a temporary transferee under 23 AS 16.43.180 or 16.43.185 shall have the permit in possession at all times when 24 engaged in the operation of gear for which it was issued. 25 * Sec. 19. AS 16.43.150(g) is amended to read: 26 (g) Except as provided in AS 16.10.333 - 16.10.338, AS 44.81.215, 44.81.225, 27 and 44.81.231 - 44.81.250, an entry permit may not be 28 (1) pledged, mortgaged, leased, or encumbered in any way; 29 (2) transferred with any retained right of repossession or foreclosure, 30 or on any condition requiring a subsequent transfer, unless the permit is temporarily 31 transferred under AS 16.43.180 or 16.43.185; or

01 (3) attached, distrained, or sold on execution of judgment or under any 02 other process or order of any court, except as provided in AS 16.43.170(g) and (h). 03 * Sec. 20. AS 16.43.150 is amended by adding a new subsection to read: 04 (j) To the extent provided by AS 16.43.180 or 16.43.185, a transferee has the 05 same use privilege or right in a fishery that is available to an individual holding an 06 entry permit or valid interim-use permit under this chapter. 07 * Sec. 21. AS 16.43.160(a) is amended to read: 08 (a) Except as specifically provided in this section, the commission shall 09 establish annual fees for the issuance and annual renewal of entry permits, temporary 10 permit transfers under AS 16.43.180 and 16.43.185, and [OR] interim-use permits. 11 * Sec. 22. AS 16.43.170(a) is amended to read: 12 (a) Except as provided in AS 16.10.333 - 16.10.338 and in AS 44.81.231 - 13 44.81.250, entry permits and interim-use permits are transferable only through the 14 commission as provided in this section, [AND] AS 16.43.180, and 16.43.185 and 15 under regulations adopted by the commission. An involuntary transfer of an entry 16 permit in a manner inconsistent with the statutes of this state and the regulations of the 17 commission is void. 18 * Sec. 23. AS 16.43.170(b) is amended to read: 19 (b) Except as provided for temporary transfers under AS 16.43.180 and 20 16.43.185 and permit holders subject to [IN] (e) of this section, the holder of an 21 entry permit may transfer the permit to another person or to the commission upon 60 22 days' [DAYS] notice of intent to transfer under regulations adopted by the 23 commission. Not [NO] sooner than 60 days nor later than 12 months from the date of 24 notice to the commission, the holder of an entry permit may transfer the permit. If the 25 proposed transferee, other than the commission, can demonstrate the present ability to 26 participate actively in the fishery and the transfer does not violate any provision of this 27 chapter or regulations adopted under this chapter, and if a certificate for the permit 28 under AS 16.10.333(b)(1) - (2), 16.10.338, or AS 44.81.231(a) is not in effect, the 29 commission shall approve the transfer and reissue the entry permit to the transferee if 30 [PROVIDED THAT] neither party is prohibited by law from participating in the 31 transfer.

01 * Sec. 24. AS 16.43.180(a) is amended to read: 02 (a) The commission shall adopt regulations providing for the temporary 03 emergency transfer of entry permits, including temporary emergency transfer of 04 permits temporarily transferred under AS 16.43.185, and interim-use permits when 05 illness, disability, death, required military or government service, or other unavoidable 06 hardship prevents the permit holder from participating in the fishery. To alleviate 07 hardship pending a final determination of the permit holder's eligibility for an entry 08 permit, the commission shall adopt regulations providing for the temporary emergency 09 transfer of an interim-use permit issued under AS 16.43.210(b) or 16.43.225. 10 * Sec. 25. AS 16.43 is amended by adding a new section to article 2 to read: 11 Sec. 16.43.185. Alaska master fisher retirement transfers. (a) Subject to the 12 requirements of this section, an individual holding an entry permit may annually 13 temporarily transfer the individual's permit to another individual qualified under (c) of 14 this section. A temporary transfer under this section 15 (1) may be known as an "Alaska master fisher retirement transfer"; 16 (2) may not be initiated during an open fishing season; and 17 (3) is limited to a period of not more than three consecutive years. 18 (b) A temporarily transferred permit under this section must 19 (1) be temporarily transferred on terms agreed upon by the permit 20 holder and the temporary transferee in a written contract filed with the commission; 21 (2) be transferred from the permit holder to the temporary transferee 22 for a period each year that the commission, in consultation with the Department of 23 Fish and Game, determines is equal to one-half of the applicable fishing season under 24 regulations adopted by the commission; 25 (3) be fished by the temporary transferee from the same vessel that the 26 permit holder fishes from during the applicable fishing season; and 27 (4) have the names of both the permit holder and temporary transferee 28 under this section printed on the permit card. 29 (c) An individual is qualified as a temporary transferee under this section if 30 the individual 31 (1) applies with a permit holder on a form approved by the department;

01 (2) demonstrates that the individual 02 (A) was employed by the permit holder as a crewmember for a 03 full fishing season in the 12 months preceding the request for a temporary 04 transfer under this section; 05 (B) meets standards adopted by the commission evidencing that 06 the individual has the qualifications or experience necessary to ensure the 07 safety of human life and property and the protection of the state's fisheries and 08 marine environment; and 09 (3) has paid the required fee. 10 (d) The commission shall adopt regulations 11 (1) specifying the form and dates of application and the procedures to 12 be followed in applying for and renewing a temporary transfer under this section; 13 (2) providing how a permit holder and temporary transferee under this 14 section shall document the respective periods spent fishing the permit; the commission 15 may require a permit holder or temporary transferee under this section to provide 16 proof of 17 (A) the permit holder's or temporary transferee's presence on 18 the vessel; or 19 (B) landings made under AS 16.05.690; 20 (3) in consultation with the Department of Fish and Game, providing a 21 description of one-half of a fishing season for each fishery. 22 (e) A written contract filed with the commission under (b)(1) of this section is 23 confidential and is not a public record for purposes of AS 40.25.110 - 40.25.140. 24 * Sec. 26. AS 16.43.850 is amended to read: 25 Sec. 16.43.850. Point system. (a) For the purpose of identifying frequent 26 violators of commercial fishing laws in salmon fisheries, the commission shall adopt 27 regulations establishing a uniform system for the suspension of commercial salmon 28 fishing privileges by assigning demerit points for convictions for violations of 29 commercial fishing laws in salmon fisheries that are reported to the commission under 30 AS 16.43.880. The commission shall assess demerit points against an individual who 31 holds an entry permit or interim-use permit or who is a temporary transferee

01 under AS 16.43.180 or 16.43.185 [A PERMIT HOLDER] for each violation of 02 commercial fishing laws in a salmon fishery in accordance with (b) and (c) of this 03 section. The commission shall assess points against a permit holder or temporary 04 transferee under AS 16.43.180 or 16.43.185 for the salmon fishery in which the 05 violation of commercial fishing laws occurred. 06 (b) The commission shall assess demerit points against an individual who 07 holds a permit or who is a temporary transferee under AS 16.43.180 or 16.43.185 08 [HOLDER] for a conviction of a violation of commercial fishing laws in a salmon 09 fishery under AS 16.05.722, 16.05.723, 16.05.831; AS 16.10.055, 16.10.070 - 10 16.10.090, 16.10.100, 16.10.110, 16.10.120, 16.10.200 - 16.10.220, and 16.10.760 - 11 16.10.790 for the following violations in accordance with this schedule: 12 (1) fishing in closed waters .................. 6 points; 13 (2) fishing during closed season or period ........ 6 points; 14 (3) fishing with more than the legal amount of gear .. 4 points; 15 (4) fishing with gear not allowed in fishery ....... 6 points; 16 (5) fishing before expiration of transfer period ..... 6 points; 17 (6) interfering with commercial fishing gear ...... 4 points; 18 (7) fishing with more than the legal amount of gear 19 on vessel ........................................ 4 points; 20 (8) improper operation of fishing gear .......... 4 points; 21 (9) permit holder or permit temporary transferee 22 not present when required ............................ 4 points; 23 (10) fishing with underlength or overlength vessel. 6 points; 24 (11) wanton waste of fishery resources .......... 4 points. 25 (c) Notwithstanding (b) of this section, if the [A PERMIT HOLDER'S] first 26 conviction of a violation of commercial fishing laws in a salmon fishery in a 36-month 27 period for a permit holder or temporary transferee under AS 16.43.180 or 28 16.43.185 is a conviction under AS 16.05.722, the number of demerit points assessed 29 against the permit holder or temporary transferee for the violation must be one-half 30 of the points assessed for the violation under (b) of this section. 31 (d) The commission shall suspend the [A PERMIT HOLDER'S] commercial

01 salmon fishing privileges of a permit holder or a temporary transferee under 02 AS 16.43.180 or 16.43.185 for a salmon fishery for a period of 03 (1) one year if the permit holder or temporary transferee 04 accumulates 12 or more points during any consecutive 36-month period as a result of 05 convictions for violations of commercial fishing laws in the salmon fishery; 06 (2) two years if the permit holder or temporary transferee 07 accumulates 16 or more points during any consecutive 36-month period as a result of 08 convictions for violations of commercial fishing laws in the salmon fishery; 09 (3) three years if the permit holder or temporary transferee 10 accumulates 18 or more points during any consecutive 36-month period as a result of 11 convictions for violations of commercial fishing laws in the salmon fishery. 12 * Sec. 27. AS 16.43.855(a) is amended to read: 13 (a) Notice of each assessment of points shall be given to the permit holder or 14 the temporary transferee under AS 16.43.180 or 16.43.185. Notice shall also be 15 given to the permit holder or temporary transferee before the expiration of a 16 suspension of commercial salmon fishing privileges under AS 16.43.850(d) that 17 subsequent violations of commercial fishing laws in the salmon fishery may result in 18 further suspensions of the permit. The notice may be given by first class mail. 19 * Sec. 28. AS 16.43.855(c) is amended to read: 20 (c) The assessment of points against a permit holder or temporary transferee 21 under AS 16.43.180 or 16.43.185 by the commission under AS 16.43.850 - 16.43.895 22 is in addition to, and not in substitution for, other provisions of this title and is not a 23 substitute for any penalty imposed by a court. 24 * Sec. 29. AS 16.43.855 is amended by adding a new subsection to read: 25 (e) If the commission assesses points under (a) of this section against a 26 temporary transferee under AS 16.43.185, the commission shall provide notice of the 27 assessment of points to the permit holder. 28 * Sec. 30. AS 16.43.860 is amended to read: 29 Sec. 16.43.860. Suspension. (a) A permit holder or temporary transferee 30 under AS 16.43.180 or 16.43.185 whose commercial salmon fishing privileges for a 31 salmon fishery are suspended under AS 16.43.850 - 16.43.895 may not obtain an entry

01 permit or interim-use permit for that salmon fishery during the period of the 02 suspension of the privileges. During the period for which the permit holder's or 03 temporary transferee's privilege to obtain an entry permit or interim-use permit for a 04 salmon fishery is suspended under this section, the commission may not issue a permit 05 card to the permit holder or temporary transferee for that fishery. 06 (b) A permit holder or temporary transferee under AS 16.43.180 or 07 16.43.185 whose privilege of obtaining a commercial fishing permit for a salmon 08 fishery is suspended under AS 16.43.850 - 16.43.895 may not 09 (1) engage in the salmon fishery under a crewmember license; [OR] 10 (2) engage in the salmon fishery as a temporary transferee under 11 AS 16.43.180 or 16.43.185; or 12 (3) lease or rent the permit holder's or temporary transferee's interest 13 in a boat to another person if the boat would be used in the salmon fishery for which 14 the permit holder's or temporary transferee's fishing privileges are suspended. 15 (c) If, during the period for which the commission has suspended the [A 16 PERMIT HOLDER'S] commercial fishing privileges of a permit holder or a 17 temporary transferee under AS 16.43.180 or 16.43.185 for a salmon fishery [ARE 18 SUSPENDED], the commission establishes a limited entry system for the salmon 19 fishery, the permit holder or temporary transferee is [SHALL BE] eligible to obtain 20 an entry permit for that fishery to the extent that the permit holder or temporary 21 transferee qualifies for the entry permit under regulations adopted by the commission. 22 If the permit holder or temporary transferee qualifies for an entry permit for the 23 fishery, the commission shall withhold issuance of the entry permit until the period of 24 the suspension imposed under AS 16.43.850 - 16.43.895 has expired. 25 (d) The commission may not transfer a commercial fishing permit for a 26 salmon fishery under an emergency transfer under AS 16.43.180 if, at the time of the 27 application for the emergency transfer, the [PERMIT HOLDER'S] commercial salmon 28 fishing privileges of the permit holder or temporary transferee for the salmon 29 fishery have been suspended. 30 * Sec. 31. AS 16.43.960(a), as amended by sec. 6, ch. 2, SLA 2014, is amended to read: 31 (a) The commission may revoke, suspend, or transfer all entry or interim-use

01 permits held by a person who knowingly provides or assists in providing false 02 information, or fails to correct false information provided to the commission for the 03 purpose of obtaining a benefit for self or another, including the issuance, renewal, 04 duplication, [OR] transfer, or temporary transfer under AS 16.43.180 or 16.43.185 05 of an entry or interim-use permit or vessel license. The commission may revoke the 06 temporary transfer of a permit under AS 16.43.185 held by a person who 07 knowingly provides or assists in providing false information, or fails to correct 08 false information provided to the commission for the purpose of obtaining a 09 benefit for self or another. The commission may suspend that person's eligibility to 10 hold or be temporarily transferred an entry or interim-use permit for a period not to 11 exceed three years, and may impose an administrative fine of not more than $5,000 on 12 the person. The commission may also impose an administrative fine of not more than 13 $5,000 on an entity whose officers, employees, representatives, or agents knowingly 14 provide or assist in providing false information, or fail to correct false information 15 provided, to the commission for the purpose of obtaining a benefit. 16 * Sec. 32. This Act takes effect January 1, 2019.