00 Enrolled HB 75                                                                                                          
01 Relating to the powers and duties of the commissioner of fish and game, Board of Fisheries,                             
02 and Board of Game in promoting and preserving fishing, hunting, and trapping in the state.                              
03                           _______________                                                                               
04    * Section 1.  The uncodified law of the State of Alaska is amended by adding a new section                         
05 to read:                                                                                                                
06       LEGISLATIVE INTENT.  It is the intent of the Alaska State Legislature that the                                    
07 commissioner of fish and game, the Board of Fisheries, and the Board of Game implement                                  
08 their authority to promote fishing, hunting, and trapping and to preserve the heritage of                               
09 fishing, hunting, and trapping in the state in a manner consistent with scientific fish and                             
10 wildlife management principles and the Alaska constitutional principles of common use and                               
11 sustained yield.                                                                                                        
12    * Sec. 2.  AS 16.05.050(a) is amended to read:                                                                     
13            (a)  The commissioner has, but not by way of limitation, the following powers                                
01       and duties:                                                                                                       
02                 (1)  [TO ASSIST THE UNITED STATES FISH AND WILDLIFE                                                     
03       SERVICE IN THE ENFORCEMENT OF FEDERAL LAWS AND REGULATIONS                                                        
04       PERTAINING TO FISH AND GAME;                                                                                      
05                 (2)]  through the appropriate state agency and under the provisions of                                  
06       AS 36.30 (State Procurement Code), to acquire by gift, purchase, or lease, or other                               
07       lawful means, land, buildings, water, rights-of-way, or other necessary or proper real                            
08       or personal property when the acquisition is in the interest of furthering an objective or                        
09       purpose of the department and the state;                                                                          
10                 (2) [(3)]  under the provisions of AS 36.30, to design and construct                                
11       hatcheries, pipelines, rearing ponds, fishways, and other projects beneficial for the fish                        
12       and game resources of the state;                                                                                  
13                 (3) [(4)]  to accept money from any person under conditions requiring                               
14       the use of the money for specific purposes in the furtherance of the protection,                                  
15       rehabilitation, propagation, preservation, or investigation of the fish and game                                  
16       resources of the state or in settlement of claims for damages to fish or game resources;                          
17                 (4) [(5)]  to collect, classify, and disseminate statistics, data and                               
18       information that, in the commissioner's discretion, will tend to promote the purposes                             
19       of this title except AS 16.51 and AS 16.52;                                                                       
20                 (5) [(6)]  to take, capture, propagate, transport, buy, sell, or exchange                           
21       fish or game or eggs for propagating, scientific, public safety, or stocking purposes;                            
22                 (6) [(7)]  under the provisions of AS 36.30, to provide public facilities                           
23       where necessary or proper to facilitate the taking of fish or game, and to enter into                             
24       cooperative agreements with any person to effect them;                                                            
25                 (7) [(8)]  to exercise administrative, budgeting, and fiscal powers;                                
26                 (8) [(9)]  under the provisions of AS 36.30, to construct, operate,                                 
27       supervise, and maintain vessels used by the department;                                                           
28                 (9) [(10)]  to authorize the holder of an interim-use permit under                                  
29       AS 16.43 to engage on an experimental basis in commercial taking of a fishery                                     
30       resource with vessel, gear, and techniques not presently qualifying for licensing under                           
31       this chapter in conformity with standards established by the Alaska Commercial                                    
01       Fisheries Entry Commission;                                                                                       
02                 (10) [(11)]  not later than January 31 of each year, to provide to the                              
03       commissioner of revenue the names of those fish and shellfish species that the                                    
04       commissioner of fish and game designates as developing commercial fish species for                                
05       that calendar year; a fish or shellfish species is a developing commercial fish species                           
06       if, within a specified geographical region,                                                                       
07                      (A)  the optimum yield from the harvest of the species has not                                     
08            been reached;                                                                                                
09                      (B)  a substantial portion of the allowable harvest of the species                                 
10            has been allocated to fishing vessels of a foreign nation; or                                                
11                      (C)  a commercial harvest of the fish species has recently                                         
12            developed;                                                                                                   
13                 (11) [(12)]  to initiate or conduct research necessary or advisable to                              
14       carry out the purposes of this title except AS 16.51 and AS 16.52;                                                
15                 (12) [(13)]  to enter into cooperative agreements with agencies of the                              
16       federal government, educational institutions, or other agencies or organizations, when                            
17       in the public interest, to carry out the purposes of this title except AS 16.51 and                               
18       AS 16.52;                                                                                                         
19                 (13) [(14)]  to implement an on-board observer program authorized by                                
20       the Board of Fisheries under AS 16.05.251(a)(13); implementation                                                  
21                      (A)  must be as unintrusive to vessel operations as practicable;                                   
22            and                                                                                                          
23                      (B)  must make scheduling and scope of observers' activities as                                    
24            predictable as practicable;                                                                                  
25                 (14) [(15)]  to sell fish caught during commercial fisheries test fishing                           
26       operations;                                                                                                       
27                 (15) [(16)]  to establish and charge fees equal to the cost of services                             
28       provided by the department, including provision of public shooting ranges, broodstock                             
29       and eggs for private nonprofit hatcheries, department publications, and other direct                              
30       services, and reasonable fees for the use of state facilities managed by the department;                          
31       fees established under this paragraph for tours of hatchery facilities, commercial use of                         
01       sport fishing access sites, and for operation of state hatchery facilities by private                             
02       aquaculture associations are not subject to the cost limit under AS 37.10.050(a);                                 
03                 (16) [(17)]  to permit and regulate aquatic farming in the state in a                               
04       manner that ensures the protection of the state's fish and game resources and improves                            
05       the economy, health, and well-being of the citizens of the state;                                                 
06                 (17) [(18)]  to operate state housing and facilities for employees,                                 
07       contractors, and others in support of the department's responsibilities and to charge                             
08       rent that is consistent with applicable collective bargaining agreements, or, if no                               
09       collective bargaining agreement is applicable, competitive with market conditions;                                
10       rent received from tenants shall be deposited in the general fund;                                                
11                 (18) [(19)]  to petition the Alaska Commercial Fisheries Entry                                      
12       Commission, unless the Board of Fisheries disapproves the petition under                                          
13       AS 16.05.251(g), to establish a moratorium on new entrants into commercial fisheries                              
14                      (A)  that have experienced recent increases in fishing effort that                                 
15            are beyond a low, sporadic level of effort;                                                                  
16                      (B)  that have achieved a level of harvest that may be                                             
17            approaching or exceeding the maximum sustainable level for the fishery; and                                  
18                      (C)  for which there is insufficient biological and resource                                       
19            management information necessary to promote the conservation and sustained                                   
20            yield management of the fishery;                                                                         
21                 (19)  to promote fishing, hunting, and trapping and preserve the                                    
22       heritage of fishing, hunting, and trapping in the state.                                                      
23    * Sec. 3.  AS 16.05.251(a) is amended to read:                                                                     
24            (a)  The Board of Fisheries may adopt regulations it considers advisable in                                  
25       accordance with AS 44.62 (Administrative Procedure Act) for                                                       
26                 (1)  setting apart fish reserve areas, refuges, and sanctuaries in the                                  
27       waters of the state over which it has jurisdiction, subject to the approval of the                                
28       legislature;                                                                                                      
29                 (2)  establishing open and closed seasons and areas for the taking of                                   
30       fish; if consistent with resource conservation and development goals, the board may                               
31       adopt regulations establishing restricted seasons and areas necessary for                                         
01                      (A)  persons 60 years of age and older to participate in sport,                                    
02            personal use, or subsistence fishing; or                                                                     
03                      (B)  persons under 16 years of age to participate in sport                                         
04            fishing;                                                                                                     
05                 (3)  setting quotas, bag limits, harvest levels, and sex and size                                       
06       limitations on the taking of fish;                                                                                
07                 (4)  establishing the means and methods employed in the pursuit,                                        
08       capture, and transport of fish;                                                                                   
09                 (5)  establishing marking and identification requirements for means                                     
10       used in pursuit, capture, and transport of fish;                                                                  
11                 (6)  classifying as commercial fish, sport fish, guided sport fish,                                     
12       personal use fish, subsistence fish, or predators or other categories essential for                               
13       regulatory purposes;                                                                                              
14                 (7)  watershed and habitat improvement, and management,                                                 
15       conservation, protection, use, disposal, propagation, and stocking of fish;                                       
16                 (8)  investigating and determining the extent and effect of disease,                                    
17       predation, and competition among fish in the state, exercising control measures                                   
18       considered necessary to the resources of the state;                                                               
19                 (9)  prohibiting and regulating the live capture, possession, transport, or                             
20       release of native or exotic fish or their eggs;                                                                   
21                 (10)  establishing seasons, areas, quotas, and methods of harvest for                                   
22       aquatic plants;                                                                                                   
23                 (11)  establishing the times and dates during which the issuance of                                     
24       fishing licenses, permits, and registrations and the transfer of permits and registrations                        
25       between registration areas is allowed; however, this paragraph does not apply to                                  
26       permits issued or transferred under AS 16.43;                                                                     
27                 (12)  regulating commercial, sport, guided sport, subsistence, and                                      
28       personal use fishing as needed for the conservation, development, and utilization of                              
29       fisheries;                                                                                                        
30                 (13)  requiring, in a fishery, observers on board fishing vessels, as                                   
31       defined in AS 16.05.475(d), that are registered under the laws of the state, as defined                           
01       in AS 16.05.475(c), after making a written determination that an on-board observer                                
02       program                                                                                                           
03                      (A)  is the only practical data-gathering or enforcement                                           
04            mechanism for that fishery;                                                                                  
05                      (B)  will not unduly disrupt the fishery;                                                          
06                      (C)  can be conducted at a reasonable cost; and                                                    
07                      (D)  can be coordinated with observer programs of other                                            
08            agencies, including the National Marine Fisheries Service, North Pacific                                     
09            Fishery Management Council, and the International Pacific Halibut                                            
10            Commission;                                                                                                  
11                 (14)  establishing nonexclusive, exclusive, and superexclusive                                          
12       registration and use areas for regulating commercial fishing;                                                     
13                 (15)  regulating resident or nonresident sport fishermen as needed for                                  
14       the conservation, development, and utilization of fishery resources;                                              
15                 (16)  requiring unlicensed fishing vessels present in or transiting the                                 
16       waters of the state to report to the department the quantity, species, and origin of fish                         
17       on board; in this paragraph, "unlicensed fishing vessel" means a fishing vessel that is                           
18       not licensed under AS 16.05.490 - 16.05.530;                                                                  
19                 (17)  promoting fishing and preserving the heritage of fishing in the                               
20       state.                                                                                                        
21    * Sec. 4.  AS 16.05.255(a) is amended to read:                                                                     
22            (a)  The Board of Game may adopt regulations it considers advisable in                                       
23       accordance with AS 44.62 (Administrative Procedure Act) for                                                       
24                 (1)  setting apart game reserve areas, refuges, and sanctuaries in the                                  
25       water or on the land of the state over which it has jurisdiction, subject to the approval                         
26       of the legislature;                                                                                               
27                 (2)  establishing open and closed seasons and areas for the taking of                                   
28       game;                                                                                                             
29                 (3)  establishing the means and methods employed in the pursuit,                                        
30       capture, taking, and transport of game, including regulations, consistent with resource                           
31       conservation and development goals, establishing means and methods that may be                                    
01       employed by persons with physical disabilities;                                                                   
02                 (4)  setting quotas, bag limits, harvest levels, and sex, age, and size                                 
03       limitations on the taking of game;                                                                                
04                 (5)  classifying game as game birds, song birds, big game animals, fur                                  
05       bearing animals, predators, or other categories;                                                                  
06                 (6)  methods, means, and harvest levels necessary to control predation                                  
07       and competition among game in the state;                                                                          
08                 (7)  watershed and habitat improvement, and management,                                                 
09       conservation, protection, use, disposal, propagation, and stocking of game;                                       
10                 (8)  prohibiting the live capture, possession, transport, or release of                                 
11       native or exotic game or their eggs;                                                                              
12                 (9)  establishing the times and dates during which the issuance of game                                 
13       licenses, permits, and registrations and the transfer of permits and registrations                                
14       between registration areas and game management units or subunits is allowed;                                      
15                 (10)  regulating sport hunting and subsistence hunting as needed for the                                
16       conservation, development, and utilization of game;                                                               
17                 (11)  taking game to ensure public safety;                                                              
18                 (12)  regulating the activities of persons licensed to control nuisance                                 
19       wild birds and nuisance wild small mammals;                                                                   
20                 (13)  promoting hunting and trapping and preserving the heritage                                    
21       of hunting and trapping in the state.                                                                         
22    * Sec. 5.  AS 16.43.210(c) is amended to read:                                                                     
23            (c)  To the extent that the commissioner of fish and game authorizes it under                                
24       AS 16.05.050(a)(9) [AS 16.05.050(a)(10)], the commission may grant an interim-use                             
25       permit to a person to engage in the commercial taking from a fishery on an                                        
26       experimental basis.                                                                                               
27    * Sec. 6.  AS 37.05.146(c)(21) is amended to read:                                                                 
28                 (21)  commercial fisheries test fishing operations                                                      
29       (AS 16.05.050(a)(14)) [(AS 16.05.050(a)(15))];                                                                
30    * Sec. 7.  AS 43.75.290(1) is amended to read:                                                                     
31                 (1)  "developing commercial fish species" means those species of fish                                   
01       and shellfish annually designated by the commissioner of fish and game under                                      
02       AS 16.05.050(a)(10) [AS 16.05.050(a)(11)];