00 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 188 01 "An Act relating to the authority of the Board of Fisheries to allocate within fisheries; 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 PURPOSE AND INTENT. (a) The purpose of the amendment to AS 16.05.251(e) by 07 sec. 2 of this Act and the enactment of AS 16.05.251(j) by sec. 3 of this Act is to validate and 08 reaffirm the longstanding authority of the Board of Fisheries to allocate fishery resources 09 within a fishery and to ensure the validity of all existing administrative regulations adopted 10 under the authority of that statute. 11 (b) It is the intent of the legislature to expressly overrule those portions of the 12 decisions of the Alaska Supreme Court in Grunert v. State, 109 P.3d 924, 930-32 (Alaska 13 2005) and State, Alaska Board of Fisheries v. Grunert, 139 P.3d 1226, 1235-39 (Alaska 2006) 14 holding that the Board of Fisheries may not allocate within a fishery, thereby affirming the 01 validity of regulations, other than cooperative regulations, that may have been called into 02 question by the rationale used by the Alaska Supreme Court in those cases. 03 (c) The purpose of AS 16.05.251(j), added by sec. 3 of this Act, is to preserve those 04 portions of the decisions of the Alaska Supreme Court in Grunert v. State, 109 P.3d 924 05 (Alaska 2005) and State, Alaska Board of Fisheries v. Grunert, 139 P.3d 1226 (Alaska 2006) 06 holding that the Board of Fisheries may not authorize cooperative salmon fisheries without 07 express legislative authorization and clarify that nothing in this Act or the board's allocation 08 criteria authorizes the board to allocate to an individual fisherman based on a fisherman's 09 individual catch history. 10 * Sec. 2. AS 16.05.251(e) is amended to read: 11 (e) The Board of Fisheries may allocate fishery resources among and within 12 personal use, sport, guided sport, and commercial fisheries. The board shall adopt 13 criteria for the allocation of fishery resources and shall use the criteria as appropriate 14 to particular allocation decisions. The criteria may include factors such as 15 (1) the history of each personal use, sport, guided sport, and 16 commercial fishery; 17 (2) the number of residents and nonresidents who have participated in 18 each fishery in the past and the number of residents and nonresidents who can 19 reasonably be expected to participate in the future; 20 (3) the importance of each fishery for providing residents the 21 opportunity to obtain fish for personal and family consumption; 22 (4) the availability of alternative fisheries resources; 23 (5) the importance of each fishery to the economy of the state; 24 (6) the importance of each fishery to the economy of the region and 25 local area in which the fishery is located; 26 (7) the importance of each fishery in providing recreational 27 opportunities for residents and nonresidents. 28 * Sec. 3. AS 16.05.251 is amended by adding a new subsection to read: 29 (j) Nothing in (e) of this section authorizes the Board of Fisheries, without 30 separate express statutory authorization, to allocate to 31 (1) a cooperative fishery; or 01 (2) an individual fisherman based on individual catch history. 02 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 03 read: 04 RETROACTIVITY. Sections 2 and 3 of this Act are retroactive to March 17, 2005. 05 * Sec. 5. This Act takes effect immediately under AS 01.10.070(c).