00 SENATE BILL NO. 171 01 "An Act relating to the release of certain records and reports required by the 02 Department of Fish and Game regarding fish, shellfish, or fishery products and 03 reports of fish buyers and processors; relating to the transfer of certain land 04 within the McNeil River State Game Refuge and McNeil River State Game 05 Sanctuary to the state; and providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 16.05.815(a) is amended to read: 08 (a) Except as provided in (b) and (c) of this section, records required by 09 regulations of the department concerning the landings of fish, shellfish, or fishery 10 products, and annual statistical reports of buyers and processors required by regulation 11 of the department are confidential and may not be released by the department or by 12 the Alaska Commercial Fisheries Entry Commission except as set out in this 13 subsection. The department may release the records and reports set out in this 14 subsection to the Alaska Commercial Fisheries Entry Commission. The 01 department and the Alaska Commercial Fisheries Entry Commission may release 02 the records and reports set out in this subsection to the recipients identified in this 03 subsection if the recipient, other than a recipient under (5) - (8) [(4) - (6)] of this 04 subsection, agrees to maintain the confidentiality of the records and reports. The 05 department and the Alaska Commercial Fisheries Entry Commission may release 06 (1) any of the [ITS] records and reports to the National Marine 07 Fisheries Service and the professional staff of the North Pacific Fishery Management 08 Council as required for preparation and implementation of the fishery management 09 plans of the North Pacific Fishery Management Council within the exclusive economic 10 zone; 11 (2) any of the records and reports to the professional staff of the 12 Pacific States Marine Fisheries Commission who are employed in the Alaska 13 Fisheries Information Network project for the purpose of exchanging information 14 with users authorized by the department; 15 (3) [(2)] any of the [ITS] records and reports to the Department of 16 Revenue [AND TO THE ALASKA COMMERCIAL FISHERIES ENTRY 17 COMMISSION] to assist the Department of Revenue [THEM] in carrying out its 18 [THEIR] statutory responsibilities; 19 (4) [(3)] records or reports of the total value purchased by each buyer 20 to a municipality that levies and collects a tax on fish, shellfish, or fishery products 21 if the municipality requires records of the landings of fish, shellfish, or fishery 22 products to be submitted to it for purposes of verification of taxes payable; 23 (5) [(4)] such records and reports as necessary to be in conformity with 24 a court order; 25 (6) [(5)] on request, the report of a person to the person whose fishing 26 activity is the subject of the report; 27 (7) [(6)] fish tickets and fish ticket information to the division of fish 28 and wildlife protection, Department of Public Safety; 29 (8) fish tickets and fish ticket information to the law enforcement 30 personnel of the National Marine Fisheries Service and the National Oceanic and 31 Atmospheric Administration for the purpose of enforcing fishery laws in waters 01 of this state and in waters of the exclusive economic zone adjacent to this state; 02 (9) [(7)] fish tickets and fish ticket information regarding halibut to the 03 International Pacific Halibut Commission; and 04 (10) [(8)] any of the [ITS] records and reports to the child support 05 enforcement agency created in AS 25.27.010, or the child support enforcement agency 06 of another state, for child support purposes authorized under law. 07 * Sec. 2. AS 16.20.041(e) is amended to read: 08 (e) The department and the Department of Natural Resources 09 (1) may not enter into sales of land within the McNeil River State 10 Game Refuge; 11 (2) may enter into leases within the McNeil River State Game Refuge 12 if the commissioner finds that activity conducted under the lease is compatible with 13 the purposes for which the refuge is established ; 14 (3) may not accept transfer of state selected land from the federal 15 government, or conveyance of other land, within the refuge if the land is subject 16 to 17 (A) a lease, easement, or other right to operate or maintain 18 a private facility on the land or to conduct a private enterprise on the 19 land; or 20 (B) a continuing trespass by an unauthorized private facility 21 or private enterprise . 22 * Sec. 3. AS 16.20.162(c) is amended to read: 23 (c) The department and the Department of Natural Resources 24 (1) may not enter into sales of land within the McNeil River State 25 Game Sanctuary; 26 (2) may enter into leases within the McNeil River State Game 27 Sanctuary if the commissioner finds that activity conducted under the lease is 28 compatible with the purposes for which the sanctuary is established ; 29 (3) may not accept transfer of state selected land from the federal 30 government, or conveyance of other land, within the sanctuary if the land is 31 subject to 01 (A) a lease, easement, or other right to operate or maintain 02 a private facility on the land or to conduct a private enterprise on the 03 land; or 04 (B) a continuing trespass by an unauthorized private facility 05 or private enterprise . 06 * Sec. 4. This Act takes effect immediately under AS 01.10.070(c).