00 SENATE BILL NO. 183 01 "An Act creating the Fisheries Commission of Alaska; relating to the management 02 of fisheries; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 16.05.221(a) is amended to read: 05  (a) For purposes of the conservation and development of the fishery resources 06 of the state, there is created the [BOARD OF] Fisheries  Commission of Alaska. The 07 commission is an independent regulatory agency. The commission is  composed 08 of  five  [SEVEN] members appointed by the governor, subject to confirmation by a 09 majority of the members of the legislature in joint session. The governor shall appoint 10 each member on the basis of interest in public affairs, good judgment, knowledge, and 11 ability in the field of action of the  commission  [BOARD], and with a view to 12 providing diversity of interest and points of view in the membership. The appointed 13 members shall be residents of the state and shall be appointed without regard to 14 political affiliation or geographical location of residence. A member of the 01 commission may not have a vested interest in an interim-use permit, entry permit, 02 commercial fishing vessel or gear, or in any fishery resource processing or 03 marketing business. When a vacancy occurs in the office of chair, the commission 04 may nominate one of its members to serve as chair. When a vacancy occurs in 05 the office of chair, the governor shall designate the chair of the commission, either 06 by selecting the member nominated by the commission or another member. The 07 term as chair is four years. The chair may not be appointed to successive terms 08 as chair. [THE COMMISSIONER IS NOT A MEMBER OF THE BOARD OF 09 FISHERIES, BUT SHALL BE EX OFFICIO SECRETARY]. 10 * Sec. 2. AS 16.05.221(d) is amended to read: 11  (d) Members of the [BOARD OF] Fisheries  Commission of Alaska  serve 12 staggered terms of  six  [THREE] years. The terms of members of the  commission  13 [BOARD] begin on July 1. Notwithstanding AS 39.05.080(1), by April 1 of the 14 calendar year in which the term expires, the governor shall appoint a person to fill the 15 vacancy that will arise on the  commission  [BOARD] due to expiration of the term of 16 a member of the  commission  [BOARD] and submit the name of the person to the 17 legislature for confirmation. If a vacancy arises on the  commission  [BOARD], the 18 governor shall, within 30 days after the vacancy arises, appoint a person to serve the 19 balance of the unexpired term and submit the name of the person to the legislature for 20 confirmation. A person appointed to fill the balance of an unexpired term shall serve 21 on the  commission  [BOARD] from the date of appointment until the earlier of the 22 expiration of the term or the failure of the legislature to confirm the person under 23 AS 39.05.080. 24 * Sec. 3. AS 16.05.251(a) is amended to read: 25  (a) The [BOARD OF] Fisheries  Commission of Alaska  may adopt regulations 26 it considers advisable in accordance with AS 44.62 (Administrative Procedure Act) for 27  (1) setting apart fish reserve areas, refuges, and sanctuaries in the 28 waters of the state over which it has jurisdiction, subject to the approval of the 29 legislature; 30  (2) establishing open and closed seasons and areas for the taking of 31 fish; if consistent with resource conservation and development goals, the  commission  01 [BOARD] may adopt regulations establishing restricted seasons and areas necessary 02 for persons 60 years of age and older to participate in sport, personal use, or 03 subsistence fishing; 04  (3) setting quotas, bag limits, harvest levels, and sex and size 05 limitations on the taking of fish; 06  (4) establishing the means and methods employed in the pursuit, 07 capture, and transport of fish; 08  (5) establishing marking and identification requirements for means used 09 in pursuit, capture, and transport of fish; 10  (6) classifying as commercial fish, sport fish, guided sport fish, 11 personal use fish, subsistence fish, or predators or other categories essential for 12 regulatory purposes; 13  (7) watershed and habitat improvement, and management, conservation, 14 protection, use, disposal, propagation, and stocking of fish; 15  (8) investigating and determining the extent and effect of disease, 16 predation, and competition among fish in the state, exercising control measures 17 considered necessary to the resources of the state; 18  (9) prohibiting and regulating the live capture, possession, transport, or 19 release of native or exotic fish or their eggs; 20  (10) establishing seasons, areas, quotas, and methods of harvest for 21 aquatic plants; 22  (11) establishing the times and dates during which the issuance of 23 fishing licenses, permits, and registrations and the transfer of permits and registrations 24 between registration areas is allowed; however, this paragraph does not apply to 25 permits issued or transferred under AS 16.43; 26  (12) regulating commercial, sport, guided sport, subsistence, and 27 personal use fishing as needed for the conservation, development, and utilization of 28 fisheries; 29  (13) requiring, in a fishery, observers on board fishing vessels, as 30 defined in AS 16.05.475(d), that are registered under the laws of the state, as defined 31 in AS 16.05.475(c), after making a written determination that an on-board observer 01 program 02  (A) is the only practical data-gathering or enforcement 03 mechanism for that fishery; 04  (B) will not unduly disrupt the fishery; 05  (C) can be conducted at a reasonable cost; and 06  (D) can be coordinated with observer programs of other 07 agencies, including the National Marine Fisheries Service, North Pacific 08 Fishery Management Council, and the International Pacific Halibut 09 Commission; 10  (14) establishing nonexclusive, exclusive, and superexclusive 11 registration and use areas for regulating commercial fishing; 12  (15) regulating resident or nonresident sport fishermen as needed for 13 the conservation, development, and utilization of fishery resources; 14  (16) requiring unlicensed fishing vessels present in or transiting the 15 waters of the state to report to the department the quantity, species, and origin of fish 16 on board; in this paragraph, "unlicensed fishing vessel" means a fishing vessel that is 17 not licensed under AS 16.05.490 - 16.05.530. 18 * Sec. 4. AS 16.05.251(c) is amended to read: 19  (c) If the [BOARD OF] Fisheries  Commission of Alaska  denies a petition or 20 proposal to amend, adopt, or repeal a regulation, the  commission  [BOARD], upon 21 receiving a written request from the sponsor of the petition or proposal, shall in 22 addition to the requirements of AS 44.62.230 provide a written explanation for the 23 denial to the sponsor not later than 30 days after the  commission  [BOARD] has 24 officially met and denied the sponsor's petition or proposal, or 30 days after receiving 25 the request for an explanation, whichever is later. 26 * Sec. 5. AS 16.05.251(e) is amended to read: 27  (e) The [BOARD OF] Fisheries  Commission of Alaska  may allocate fishery 28 resources among personal use, sport, guided sport, and commercial fisheries. The 29  commission  [BOARD] shall adopt criteria for the allocation of fishery resources and 30 shall use the criteria as appropriate to particular allocation decisions. The criteria may 31 include factors such as 01  (1) the history of each personal use, sport, guided sport, and 02 commercial fishery; 03  (2) the number of residents and nonresidents who have participated in 04 each fishery in the past and the number of residents and nonresidents who can 05 reasonably be expected to participate in the future; 06  (3) the importance of each fishery for providing residents the 07 opportunity to obtain fish for personal and family consumption; 08  (4) the availability of alternative fisheries resources; 09  (5) the importance of each fishery to the economy of the state; 10  (6) the importance of each fishery to the economy of the region and 11 local area in which the fishery is located; 12  (7) the importance of each fishery in providing recreational 13 opportunities for residents and nonresidents. 14 * Sec. 6. AS 16.05.251(f) is amended to read: 15  (f) Except as expressly provided in AS 16.40.120(e) and 16.40.130, the 16 [BOARD OF] Fisheries  Commission of Alaska  may not adopt regulations or take 17 action regarding the issuance, denial, or conditioning of a permit under AS 16.40.100 18 or 16.40.120, the construction or operation of a farm or hatchery required to have a 19 permit under AS 16.40.100, or a harvest with a permit issued under AS 16.40.120. 20 * Sec. 7. AS 16.05.251(g) is amended to read: 21  (g) The [BOARD OF] Fisheries  Commission of Alaska  shall consider a 22 request of the commissioner for approval of a petition to the Alaska Commercial 23 Fisheries Entry Commission to establish a moratorium on new entrants into a 24 commercial fishery under AS 16.43.225 at the  commission's  [BOARD'S] next regular 25 or special meeting that follows the receipt by the  commission  [BOARD] of the request 26 for approval of the petition and that allows time for the notice required under this 27 subsection. The  commission  [BOARD] may consider the request of the commissioner 28 for approval of the petition only after 15 days' public notice of the  commission's  29 [BOARD'S] intention to consider approval of the petition. The  commission  [BOARD] 30 shall consider whether the commissioner, in support of the request for approval of the 31 petition, has adequately shown that the fishery meets requirements for a moratorium 01 on new entrants under AS 16.05.050. The  commission  [BOARD] by a majority vote 02 of its members at the meeting when the petition must be considered shall approve or 03 disapprove the petition. 04 * Sec. 8. AS 16.05.251(h) is amended to read: 05  (h) The [BOARD OF] Fisheries  Commission of Alaska  shall adopt by 06 regulation a policy for the management of mixed stock fisheries. The policy shall 07 provide for the management of mixed stock fisheries in a manner that is consistent 08 with sustained yield of wild fish stocks. 09 * Sec. 9. AS 16.05.290 is amended to read: 10  Sec. 16.05.290. Compensation of [BOARD] members of the Board of Game 11 and the Fisheries Commission of Alaska . Each member of  the Board of Game  [A 12 BOARD] is entitled to compensation at a rate equal to Step A, Range 20, of the salary 13 schedule in AS 39.27.011(a) for Juneau, Alaska, for each day going to and from and 14 for each day in actual attendance at board meetings. For other meetings or 15 conferences authorized by  the  [A] board a member shall receive compensation at a rate 16 equal to one-half of Step A, Range 20, of the salary schedule in AS 39.27.011(a) for 17 Juneau, Alaska, for each day going to and from and for each day in actual attendance. 18 Each member of  the  [A] board is also entitled to travel expenses and per diem 19 authorized for boards and commissions under AS 39.20.180. 20 * Sec. 10. AS 16.05.290 is amended by adding a new subsection to read: 21  (b) Each member of the Fisheries Commission of Alaska is in the exempt 22 service and is entitled to a monthly salary equal to Step C, Range 26, of the salary 23 schedule in AS 39.27.011(a). 24 * Sec. 11. AS 16.05.305 is amended to read: 25  Sec. 16.05.305. Assistance and staff for board and commission 26 [CLERICAL ASSISTANCE FOR BOARDS].  (a)  The [BOARD OF FISHERIES 27 AND THE] Board of Game  is  [ARE] authorized to hire and set the compensation for 28 one clerical assistant . 29  (b) The Fisheries Commission of Alaska may employ an executive director 30 and other professional, administrative, and clerical staff as the commission 31 considers appropriate to perform it functions  [FOR EACH BOARD]. 01 * Sec. 12. AS 16.05.320 is amended to read: 02  Sec. 16.05.320. Quorum for the Board of Game and for the Fisheries 03 Commission of Alaska .  (a)  A majority of the members of  the Board of Game  [A 04 BOARD] constitutes a quorum for the transaction of business, for the performance of 05 any duty, and for the exercise of any power. However, a majority of the full board 06 membership is required to carry all motions, regulations, and resolutions. 07  (b) A majority of the members of the Fisheries Commission of Alaska 08 constitutes a quorum for the transaction of business, for the performance of any 09 duty, and for the exercise of any power. However, a majority of the full 10 commission membership is required to carry all motions, regulations, and 11 resolutions. 12  (c) A majority of the members  of each  of the  Board of Game and the 13 Fisheries Commission of Alaska  [BOARDS OF FISHERIES AND GAME] constitute 14 a quorum for the transaction of business in a joint [BOARD] meeting  of the board 15 and commission . A majority of the membership  of each  of the  board and the 16 commission  [BOARDS] is required to carry all joint motions, regulations, and 17 resolutions of the  board and commission  [BOARDS]. 18 * Sec. 13. AS 16.05.940(3) is amended to read: 19  (3) "a board" means either the [BOARD OF] Fisheries  Commission 20 of Alaska  or the Board of Game , as the context may require ; 21 * Sec. 14. AS 16.05.940 is amended by adding a new paragraph to read: 22  (37) "Board of Fisheries" means the Fisheries Commission of Alaska 23 created under AS 16.05.221; 24  (38) "commission" means the Fisheries Commission of Alaska created 25 under AS 16.05.221. 26 * Sec. 15. AS 16.43.990 is amended by adding a new paragraph to read: 27  (10) "Board of Fisheries" means the Fisheries Commission of Alaska 28 created under AS 16.05.221. 29 * Sec. 16. AS 29.60.450(f)(6) is amended to read: 30  (6) "management area" means one of the geographical units designated 31 by the [BOARD OF] Fisheries  Commission of Alaska  by regulation adopted under 01 AS 16.05.251(a)(2) for the management of commercial fisheries of the state; 02 * Sec. 17. AS 39.25.110(11) is amended to read: 03  (11) the officers and employees of the following boards, commissions, 04 and authorities: 05  (A) [REPEALED 06  (B)] Alaska Permanent Fund Corporation; 07   (B)  [(C)] Alaska Industrial Development and Export Authority; 08   (C)  [(D)] Alaska Commercial Fisheries Entry Commission; 09   (D)  [(E)] Alaska Commission on Postsecondary Education; 10   (E)  [(F)] Alaska Aerospace Development Corporation; 11   (F) Fisheries Commission of Alaska;  12 * Sec. 18. AS 39.50.200(b)(40) is amended to read: 13  (40) [BOARD OF] Fisheries  Commission of Alaska  (AS 16.05.221(a)); 14 * Sec. 19. AS 39.52.120(c) is amended to read: 15  (c) In addition to other provisions of this section, a public officer who is a 16 member of the [BOARD OF] Fisheries  Commission of Alaska  or the Board of Game 17 may not act on a matter before the  commission or  board if the public officer has not 18 disclosed in the manner set out in AS 39.52.220 all personal or financial interests in 19 a business or organization relating to fish or game resources. 20 * Sec. 20. AS 41.21.990 is amended by adding a new paragraph to read: 21  (3) "Board of Fisheries" means the Fisheries Commission of Alaska 22 created under AS 16.05.221. 23 * Sec. 21. AS 41.99.900 is amended by adding a new paragraph to read: 24  (3) "Board of Fisheries" means the Fisheries Commission of Alaska 25 created under AS 16.05.221. 26 * Sec. 22. AS 43.76.200(e) is amended to read: 27  (e) This section does not restrict or qualify the authority of the Department of 28 Fish and Game or the [BOARD OF] Fisheries  Commission of Alaska  under AS 16. 29 * Sec. 23. AS 44.39.030 is amended to read: 30  Sec. 44.39.030. Appointment of commissioner. The governor shall appoint 31 the commissioner of fish and game from a list of qualified persons nominated by the 01 [BOARD OF] Fisheries  Commission of Alaska  and the Board of Game meeting in 02 joint session, subject to the right of the governor to request additional nominations. 03 The appointment shall be confirmed by a majority of the members of the legislature 04 in joint session. The commissioner of fish and game serves at the pleasure of the 05 governor and may not be appointed for a fixed term. 06 * Sec. 24. AS 44.39.050 is amended to read: 07  Sec. 44.39.050. Removal of commissioner. The [BOARD OF] Fisheries 08  Commission of Alaska  or the Board of Game may submit a resolution to the governor 09 requesting the removal of the commissioner. The resolution shall set out the grounds 10 for the request and the governor shall give the commissioner and  the commission and 11 the board  [BOTH BOARDS] an opportunity to be heard. The final decision to 12 remove or retain the commissioner shall be made by the governor. The governor may 13 also remove the commissioner without being requested to do so by  the commission 14 or the  [A] board. 15 * Sec. 25. AS 44.62.330(a)(40) is amended to read: 16  (40) [BOARD OF] Fisheries  Commission of Alaska ; 17 * Sec. 26. AS 46.15.035(e)(1) is amended to read: 18  (1) "fish" means a species of anadromous or freshwater fish that may 19 be taken under regulations of the [BOARD OF] Fisheries  Commission of Alaska ; 20 * Sec. 27. AS 46.15.037(e)(1) is amended to read: 21  (1) "fish" means a species of anadromous or freshwater fish that may 22 be taken under regulations of the [BOARD OF] Fisheries  Commission of Alaska ; 23 * Sec. 28. The governor shall appoint, and submit to the legislature for confirmation by 24 the 10th legislative day of the First Regular Session of the Twenty-Second Alaska State 25 Legislature, five persons qualified to serve on the Fisheries Commission of Alaska, as created 26 under AS 16.05.221, as amended by secs. 1 and 2 of this Act. Notwithstanding 27 AS 16.05.221(d), as amended by sec. 2 of this Act, the governor shall appoint one person to 28 serve on the commission for an initial term of two years, one person to serve on the 29 commission for an initial term of three years, one person to serve on the commission for an 30 initial term of four years, one person to serve on the commission for an initial term of five 31 years, and one person to serve on the commission for an initial term of six years. 01 * Sec. 29. Notwithstanding secs. 1 - 27 of this Act, regulations, policies, resolutions, and 02 other actions taken by the Board of Fisheries remain in effect for the period for which the 03 regulations, policies, resolutions, or other actions were adopted or until repealed or modified 04 by the Fisheries Commission of Alaska, as created under AS 16.05.221, as amended by secs. 05 1 and 2 of this Act. 06 * Sec. 30. The revisor of statutes shall prepare and submit to the legislative council by the 07 first legislative day of the First Regular Session of the Twenty-Second Alaska State 08 Legislature a bill amending the Alaska Statutes to replace references to the Board of Fisheries 09 and related matters as necessary to conform to the provisions of this bill. 10 * Sec. 31. (a) This section of this Act does not take effect if sec. 32 of this Act is passed 11 by concurrence of two-thirds of the membership of each house of the Alaska State Legislature 12 as provided under art. II, sec. 18, Constitution of the State of Alaska. 13 (b) Notwithstanding secs. 1 - 27 of this Act, the persons serving as members of the 14 Board of Fisheries on the day before the effective date of sec. 1 of this Act, and their 15 successors, shall continue to serve on the board until July 1 following the confirmation by the 16 legislature of at least three of the five persons appointed by the governor to serve on the 17 Fisheries Commission of Alaska, as created under AS 16.05.221, as amended by secs. 1 and 18 2 of this Act. 19 (c) Notwithstanding secs. 1 - 27 of this Act, the Board of Fisheries shall operate under 20 the provisions of the Alaska Statutes that are amended by this Act as those provisions read 21 on the day before the effective date of sec. 1 of this Act until July 1 following the 22 confirmation by the legislature of at least three of the five persons appointed by the governor 23 to serve on the Fisheries Commission of Alaska, as created under AS 16.05.221, as amended 24 by secs. 1 and 2 of this Act. 25 * Sec. 32. Sections 1 - 27 and 29 of this Act take effect on July 1 following the 26 confirmation by the legislature of at least three of the five persons appointed by the governor 27 to serve on the Fisheries Commission of Alaska, as created under AS 16.05.221, as amended 28 by secs. 1 and 2 of this Act.