HB 254: "An Act relating to the management of fish and aquatic plants; establishing the Board of Salmon and Freshwater Fisheries and the Board of Marine Fisheries; and providing for an effective date."
00HOUSE BILL NO. 254 01 "An Act relating to the management of fish and aquatic plants; establishing the 02 Board of Salmon and Freshwater Fisheries and the Board of Marine Fisheries; 03 and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. PURPOSE. It is the purpose of this Act to divide the responsibilities and 06 authorities of the Alaska Board of Fisheries among two new boards. The Board of Salmon 07 and Freshwater Fisheries will be responsible for the management of salmon and anadromous 08 fish wherever they occur in the state and for the management of other fish and aquatic plants 09 that occur in the fresh water of the state. The Board of Marine Fisheries will be responsible 10 for the management of all other fish, including finfish and shellfish, and aquatic plants that 11 occur in the salt water of the state. 12 * Sec. 2. AS 16.05.050 is amended to read: 13 Sec. 16.05.050. POWERS AND DUTIES OF COMMISSIONER. The 14 commissioner has, but not by way of limitation, the following powers and duties:
01 (1) to assist the United States Fish and Wildlife Service in the 02 enforcement of federal laws and regulations pertaining to fish and game; 03 (2) through the appropriate state agency and under the provisions of 04 AS 36.30 (State Procurement Code), to acquire by gift, purchase, or lease, or other 05 lawful means, land, buildings, water, rights-of-way, or other necessary or proper real 06 or personal property when the acquisition is in the interest of furthering an objective 07 or purpose of the department and the state; 08 (3) under the provisions of AS 36.30, to design and construct 09 hatcheries, pipelines, rearing ponds, fishways, and other projects beneficial for the fish 10 and game resources of the state; 11 (4) to accept money from any person under conditions requiring the use 12 of the money for specific purposes in the furtherance of the protection, rehabilitation, 13 propagation, preservation, or investigation of the fish and game resources of the state 14 or in settlement of claims for damages to fish or game resources; 15 (5) to collect, classify, and disseminate statistics, data, and information 16 that, in the commissioner's discretion, will tend to promote the purposes of this title 17 except AS 16.51 and AS 16.52; 18 (6) to capture, propagate, transport, buy, sell, or exchange fish or game 19 or eggs for propagating, scientific, or stocking purposes; 20 (7) under the provisions of AS 36.30, to provide public facilities where 21 necessary or proper to facilitate the taking of fish or game, and to enter into 22 cooperative agreements with any person to effect them; 23 (8) to exercise administrative, budgeting, and fiscal powers; 24 (9) under the provisions of AS 36.30, to construct, operate, supervise, 25 and maintain vessels used by the department; 26 (10) to authorize the holder of an interim-use permit under AS 16.43 27 to engage on an experimental basis in commercial taking of a fishery resource with 28 vessel, gear, and techniques not presently qualifying for licensing under this chapter 29 in conformity with standards established by the Alaska Commercial Fisheries Entry 30 Commission; 31 (11) not later than January 31 of each year, to provide to the
01 commissioner of revenue the names of those fish and shellfish species that the 02 commissioner of fish and game designates as developing commercial fish species for 03 that calendar year; a fish or shellfish species is a developing commercial fish species 04 if, within a specified geographical region, 05 (A) the optimum yield from the harvest of the species has not 06 been reached; 07 (B) a substantial portion of the allowable harvest of the species 08 has been allocated to fishing vessels of a foreign nation; or 09 (C) a commercial harvest of the fish species has recently 10 developed; 11 (12) to initiate or conduct research necessary or advisable to carry out 12 the purposes of this title except AS 16.51 and AS 16.52; 13 (13) to enter into cooperative agreements with agencies of the federal 14 government, educational institutions, or other agencies or organizations, when in the 15 public interest, to carry out the purposes of this title except AS 16.51 and AS 16.52; 16 (14) to implement an on-board observer program authorized by the 17 Board of Salmon and Freshwater Fisheries or the Board of Marine Fisheries under 18 AS 16.05.251(a)(13); implementation 19 (A) must be as unintrusive to vessel operations as practicable; 20 and 21 (B) must make scheduling and scope of observers' activities as 22 predictable as practicable; 23 (15) to sell fish caught during commercial fisheries test fishing 24 operations; 25 (16) to establish and charge fees equal to the cost of services provided 26 by the department, including provision of public shooting ranges, broodstock and eggs 27 for private nonprofit hatcheries, department publications, and other direct services, and 28 reasonable fees for the use of state facilities managed by the department; fees 29 established under this paragraph for tours of hatchery facilities, commercial use of 30 sport fishing access sites, and for operation of state hatchery facilities by private 31 aquaculture associations are not subject to the cost limit under AS 37.10.050(a);
01 (17) to permit and regulate aquatic farming in the state in a manner that 02 ensures the protection of the state's fish and game resources and improves the 03 economy, health, and well-being of the citizens of the state; 04 (18) to operate state housing and facilities for employees, contractors, 05 and others in support of the department's responsibilities and to charge rent that is 06 consistent with applicable collective bargaining agreements, or, if no collective 07 bargaining agreement is applicable, competitive with market conditions; rent received 08 from tenants shall be deposited in the general fund; 09 (19) to petition the Alaska Commercial Fisheries Entry Commission, 10 unless the Board of Salmon and Freshwater Fisheries or the Board of Marine 11 Fisheries disapproves the petition under AS 16.05.251(g), to establish a moratorium 12 on new entrants into commercial fisheries 13 (A) that have experienced recent increases in fishing effort that 14 are beyond a low, sporadic level of effort; 15 (B) that have achieved a level of harvest that may be 16 approaching or exceeding the maximum sustainable level for the fishery; and 17 (C) for which there is insufficient biological and resource 18 management information necessary to promote the conservation and sustained 19 yield management of the fishery. 20 * Sec. 3. AS 16.05.055(b) is amended to read: 21 (b) The master of a vessel, as a condition of participating in a fishery for 22 which an on-board observer program is authorized by the Board of Salmon and 23 Freshwater Fisheries or the Board of Marine Fisheries under AS 16.05.251, shall 24 consent in writing to the placement of an observer aboard the vessel. 25 * Sec. 4. AS 16.05.060(b) is amended to read: 26 (b) The commissioner or an authorized designee may, under criteria adopted 27 by the Board of Salmon and Freshwater Fisheries or the Board of Marine 28 Fisheries, summarily increase or decrease sport fish bag limits or modify methods of 29 harvest for sport fish by means of emergency orders. 30 * Sec. 5. AS 16.05.094 is amended to read: 31 Sec. 16.05.094. DUTIES OF SECTION OF SUBSISTENCE HUNTING AND
01 FISHING. The section of subsistence hunting and fishing shall 02 (1) compile existing data and conduct studies to gather information, 03 including data from subsistence users, on all aspects of the role of subsistence hunting 04 and fishing in the lives of the residents of the state; 05 (2) quantify the amount, nutritional value, and extent of dependence on 06 food acquired through subsistence hunting and fishing; 07 (3) make information gathered available to the public, appropriate 08 agencies, and other organized bodies; 09 (4) assist the department, the Board of Salmon and Freshwater 10 Fisheries, the Board of Marine Fisheries, and the Board of Game in determining 11 what uses of fish and game, as well as which users and what methods, should be 12 termed subsistence uses, users, and methods; 13 (5) evaluate the impact of state and federal laws and regulations on 14 subsistence hunting and fishing and, when corrective action is indicated, make 15 recommendations to the department; 16 (6) make recommendations to the Board of Game, the Board of 17 Salmon and Freshwater Fisheries, and the Board of Marine Fisheries regarding 18 adoption, amendment, and repeal of regulations affecting subsistence hunting and 19 fishing; 20 (7) participate with other divisions in the preparation of statewide and 21 regional management plans so that those plans recognize and incorporate the needs of 22 subsistence users of fish and game. 23 * Sec. 6. AS 16.05.221(a) is amended to read: 24 (a) For purposes of the conservation, utilization, and development of the 25 salmon and freshwater fishery resources of the state, there is created the Board of 26 Salmon and Freshwater Fisheries composed of seven members appointed by the 27 governor, subject to confirmation by a majority of the members of the legislature in 28 joint session. The governor shall appoint each member on the basis of interest in 29 public affairs, good judgment, knowledge, and ability in the field of action of the 30 board, and with a view to providing diversity of interest and points of view in the 31 membership. The appointed members shall be residents of the state and shall be
01 appointed without regard to political affiliation or geographical location of residence. 02 The commissioner is not a member of the Board of Salmon and Freshwater Fisheries, 03 but shall be ex officio secretary. 04 * Sec. 7. AS 16.05.221(c) is amended to read: 05 (c) Members of the Board of Salmon and Freshwater Fisheries, Board of 06 Marine Fisheries, or Board of Game serve staggered terms of three years and until a 07 successor is appointed. An appointment to fill a vacancy in the membership of the 08 Board of Salmon and Freshwater Fisheries, Board of Marine Fisheries, or Board 09 of Game shall be made in the same manner as the original appointment and for the 10 balance of the unexpired term. 11 * Sec. 8. AS 16.05.221 is amended by adding new subsections to read: 12 (d) For purposes of the conservation, utilization, and development of the 13 groundfish, shellfish, and other marine fishery resources of the state, there is created 14 the Board of Marine Fisheries composed of seven members appointed by the governor, 15 subject to confirmation by a majority of the members of the legislature in joint session. 16 The governor shall appoint each member on the basis of interest in public affairs, good 17 judgment, knowledge, and ability in the field of action of the board, and with a view 18 to providing diversity of interest and points of view in the membership. The appointed 19 members shall be residents of the state and shall be appointed without regard to 20 political affiliation or geographical location of residence. The commissioner is not a 21 member of the Board of Marine Fisheries, but shall be ex officio secretary. 22 (e) The Board of Salmon and Freshwater Fisheries shall provide for the 23 utilization, development, and conservation of salmon and anadromous fish wherever 24 they occur in the state and of all fish, including shellfish, and aquatic plants present 25 in the fresh water of the state. The Board of Marine Fisheries shall provide for the 26 utilization, development, and conservation of all fish, including shellfish but not 27 including salmon and anadromous fish, and aquatic plants occurring in the salt water 28 of the state. The boards may, by jointly adopting regulations, refine the jurisdiction 29 of the boards as to the species of fish and aquatic plants and as to the areas of water 30 that are to be managed by each board. The boards may allocate jurisdiction over 31 species of fish present in estuaries, brackish water, and similar transition areas between
01 fresh water and salt water to a single board or may exercise concurrent jurisdiction in 02 those areas. However, the Board of Marine Fisheries may not exercise authority over 03 salmon or anadromous fish present in salt water or in estuarine areas, brackish water, 04 or similar transition areas, unless the Board of Salmon and Freshwater Fisheries has 05 specifically delegated the authority to the Board of Marine Fisheries by regulation. 06 * Sec. 9. AS 16.05.251(a) is amended to read: 07 (a) The Board of Salmon and Freshwater Fisheries or the Board of Marine 08 Fisheries may adopt regulations the board [IT] considers advisable in accordance with 09 AS 44.62 (Administrative Procedure Act) for 10 (1) setting apart fish reserve areas, refuges, and sanctuaries in the 11 waters of the state over which the board [IT] has jurisdiction, subject to the approval 12 of the legislature; 13 (2) establishing open and closed seasons and areas for the taking of 14 fish; if consistent with resource conservation and development goals, the board may 15 adopt regulations establishing restricted seasons and areas necessary for persons 60 16 years of age and older to participate in sport, personal use, or subsistence fishing; 17 (3) setting quotas, bag limits, harvest levels, and sex and size 18 limitations on the taking of fish; 19 (4) establishing the means and methods employed in the pursuit, 20 capture, and transport of fish; 21 (5) establishing marking and identification requirements for means used 22 in pursuit, capture, and transport of fish; 23 (6) classifying as commercial fish, sport fish, guided sport fish, 24 personal use fish, subsistence fish, or predators or other categories essential for 25 regulatory purposes; 26 (7) watershed and habitat improvement, and management, conservation, 27 protection, use, disposal, propagation, and stocking of fish; 28 (8) investigating and determining the extent and effect of disease, 29 predation, and competition among fish in the state, exercising control measures 30 considered necessary to the resources of the state; 31 (9) prohibiting and regulating the live capture, possession, transport, or
01 release of native or exotic fish or their eggs; 02 (10) establishing seasons, areas, quotas, and methods of harvest for 03 aquatic plants; 04 (11) establishing the times and dates during which the issuance of 05 fishing licenses, permits, and registrations and the transfer of permits and registrations 06 between registration areas is allowed; however, this paragraph does not apply to 07 permits issued or transferred under AS 16.43; 08 (12) regulating commercial, sport, guided sport, subsistence, and 09 personal use fishing as needed for the conservation, development, and utilization of 10 fisheries; 11 (13) requiring, in a fishery, observers on board fishing vessels, as 12 defined in AS 16.05.475(d), that are registered under the laws of the state, as defined 13 in AS 16.05.475(c), after making a written determination that an on-board observer 14 program 15 (A) is the only practical data-gathering or enforcement 16 mechanism for that fishery; 17 (B) will not unduly disrupt the fishery; 18 (C) can be conducted at a reasonable cost; and 19 (D) can be coordinated with observer programs of other 20 agencies, including the National Marine Fisheries Service, North Pacific 21 Fishery Management Council, and the International Pacific Halibut 22 Commission; 23 (14) establishing nonexclusive, exclusive, and superexclusive 24 registration and use areas for regulating commercial fishing; 25 (15) regulating resident or nonresident sport fishermen as needed for 26 the conservation, development, and utilization of fishery resources. 27 * Sec. 10. AS 16.05.251(c) is amended to read: 28 (c) If the Board of Salmon and Freshwater Fisheries or the Board of 29 Marine Fisheries denies a petition or proposal to amend, adopt, or repeal a regulation, 30 the board, upon receiving a written request from the sponsor of the petition or 31 proposal, shall in addition to the requirements of AS 44.62.230 provide a written
01 explanation for the denial to the sponsor not later than 30 days after the board has 02 officially met and denied the sponsor's petition or proposal, or 30 days after receiving 03 the request for an explanation, whichever is later. 04 * Sec. 11. AS 16.05.251(e) is amended to read: 05 (e) The Board of Salmon and Freshwater Fisheries or the Board of Marine 06 Fisheries may allocate fishery resources among personal use, sport, guided sport, and 07 commercial fisheries. Each [THE] board shall adopt criteria for the allocation of 08 fishery resources and shall use the criteria as appropriate to particular allocation 09 decisions. The criteria may include factors such as 10 (1) the history of each personal use, sport, guided sport, and 11 commercial fishery; 12 (2) the number of residents and nonresidents who have participated in 13 each fishery in the past and the number of residents and nonresidents who can 14 reasonably be expected to participate in the future; 15 (3) the importance of each fishery for providing residents the 16 opportunity to obtain fish for personal and family consumption; 17 (4) the availability of alternative fisheries resources; 18 (5) the importance of each fishery to the economy of the state; 19 (6) the importance of each fishery to the economy of the region and 20 local area in which the fishery is located; 21 (7) the importance of each fishery in providing recreational 22 opportunities for residents and nonresidents. 23 * Sec. 12. AS 16.05.251(f) is amended to read: 24 (f) Except as expressly provided in AS 16.40.120(e) and 16.40.130, the Board 25 of Salmon and Freshwater Fisheries and the Board of Marine Fisheries may not 26 adopt regulations or take action regarding the issuance, denial, or conditioning of a 27 permit under AS 16.40.100 or 16.40.120, the construction or operation of a farm or 28 hatchery required to have a permit under AS 16.40.100, or a harvest with a permit 29 issued under AS 16.40.120. 30 * Sec. 13. AS 16.05.251(g) is amended to read: 31 (g) The Board of Salmon and Freshwater Fisheries or the Board of Marine
01 Fisheries, as appropriate, shall consider a request of the commissioner for approval 02 of a petition to the Alaska Commercial Fisheries Entry Commission to establish a 03 moratorium on new entrants into a commercial fishery under AS 16.43.225 at the 04 board's next regular or special meeting that follows the receipt by the board of the 05 request for approval of the petition and that allows time for the notice required under 06 this subsection. The board may consider the request of the commissioner for approval 07 of the petition only after 15 days' public notice of the board's intention to consider 08 approval of the petition. The board shall consider whether the commissioner, in 09 support of the request for approval of the petition, has adequately shown that the 10 fishery meets requirements for a moratorium on new entrants under AS 16.05.050. 11 The board by a majority vote of its members at the meeting when the petition must 12 be considered shall approve or disapprove the petition. 13 * Sec. 14. AS 16.05.251(h) is amended to read: 14 (h) The Board of Salmon and Freshwater Fisheries and the Board of 15 Marine Fisheries shall each adopt by regulation a policy for the management of mixed 16 stock fisheries. The policy shall provide for the management of mixed stock fisheries 17 in a manner that is consistent with sustained yield of wild fish stocks. 18 * Sec. 15. AS 16.05.253 is amended to read: 19 Sec. 16.05.253. OPERATION OF STATIONARY FISHING GEAR. (a) The 20 Board of Salmon and Freshwater Fisheries or the Board of Marine Fisheries may 21 require a person who holds a limited entry permit or an interim-use permit under 22 AS 16.43 to be physically present at a beach or riparian fishing site during the 23 operation of net gear or other stationary fishing gear at the site, except when the 24 permit holder is at or traveling to or from the location of 25 (1) a sale of fish caught in the gear; or 26 (2) other stationary gear of the permit holder. 27 (b) In this section, "fishing site " means fishing site as defined by the Board 28 of Salmon and Freshwater Fisheries or the Board of Marine Fisheries and includes 29 any structure used for providing shelter in support of the operation of the net gear or 30 other stationary fishing gear. 31 * Sec. 16. AS 16.05.258(a) is amended to read:
01 (a) Except in nonsubsistence areas, the Board of Salmon and Freshwater 02 Fisheries, the Board of Marine Fisheries, and the Board of Game shall identify the 03 fish stocks and game populations, or portions of stocks or populations, that are 04 customarily and traditionally taken or used for subsistence. The commissioner shall 05 provide recommendations to the boards concerning the stock and population 06 identifications. The boards shall make identifications required under this subsection 07 after receipt of the commissioner's recommendations. 08 * Sec. 17. AS 16.05.258(c) is amended to read: 09 (c) The boards may not permit subsistence hunting or fishing in a 10 nonsubsistence area. The boards, acting jointly, shall identify by regulation the 11 boundaries of nonsubsistence areas. The Board of Marine Fisheries may abstain 12 from participation in a joint meeting regarding a nonsubsistence area, if the 13 Board of Marine Fisheries determines that the nonsubsistence area lies outside of 14 the geographic jurisdiction of the Board of Marine Fisheries and does not affect 15 fishery resources subject to the jurisdiction of the Board of Marine Fisheries. A 16 nonsubsistence area is an area or community where dependence upon subsistence is 17 not a principal characteristic of the economy, culture, and way of life of the area or 18 community. In determining whether dependence upon subsistence is a principal 19 characteristic of the economy, culture, and way of life of an area or community under 20 this subsection, the boards shall jointly consider the relative importance of subsistence 21 in the context of the totality of the following socio-economic characteristics of the area 22 or community: 23 (1) the social and economic structure; 24 (2) the stability of the economy; 25 (3) the extent and the kinds of employment for wages, including full-time, part-time, temporary, and seasonal 26 employment; 27 (4) the amount and distribution of cash income among those domiciled 28 in the area or community; 29 (5) the cost and availability of goods and services to those domiciled 30 in the area or community; 31 (6) the variety of fish and game species used by those domiciled in the
01 area or community; 02 (7) the seasonal cycle of economic activity; 03 (8) the percentage of those domiciled in the area or community 04 participating in hunting and fishing activities or using wild fish and game; 05 (9) the harvest levels of fish and game by those domiciled in the area 06 or community; 07 (10) the cultural, social, and economic values associated with the taking 08 and use of fish and game; 09 (11) the geographic locations where those domiciled in the area or 10 community hunt and fish; 11 (12) the extent of sharing and exchange of fish and game by those 12 domiciled in the area or community; 13 (13) additional similar factors the boards establish by regulation to be 14 relevant to their determinations under this subsection. 15 * Sec. 18. AS 16.05.260 is amended to read: 16 Sec. 16.05.260. ADVISORY COMMITTEES. The Board of Salmon and 17 Freshwater Fisheries, the Board of Marine Fisheries, and the Board of Game may 18 adopt regulations they consider advisable in accordance with AS 44.62 (Administrative 19 Procedure Act) establishing, at places in the state designated by the individual boards, 20 advisory committees to be composed of persons well informed on the fish or game 21 resources of the locality. The boards shall set the number and terms of each of the 22 members of the advisory committees, shall delegate one member of each committee 23 as chairman, and shall give the chairman authority to hold public hearings on fish or 24 game matters. Recommendations from the advisory committees shall be forwarded to 25 the appropriate board for their consideration but if the board [BOARD OF 26 FISHERIES OR THE BOARD OF GAME] chooses not to follow the 27 recommendations of the local advisory committee the appropriate board shall inform 28 the appropriate advisory committee of this action and state the reasons for not 29 following the recommendations. The commissioner shall delegate authority to advisory 30 committees for emergency closures during established seasons. The commissioner is 31 empowered to set aside and make null and void only opening of seasons set by the
01 advisory committees under this section. The appropriate board shall adopt the 02 necessary regulations governing these closures. 03 * Sec. 19. AS 16.05.300(b) is amended to read: 04 (b) In addition, the Board of Salmon and Freshwater Fisheries and the 05 Board of Marine Fisheries shall hold at least one meeting or hearing a year in each 06 of the following general areas: 07 (1) Upper Yukon - Kuskokwim - Arctic 08 (2) Western Alaska (including Kodiak) 09 (3) Southcentral 10 (4) Prince William Sound (including Yakutat). 11 * Sec. 20. AS 16.05.305 is amended to read: 12 Sec. 16.05.305. CLERICAL ASSISTANCE FOR BOARDS. The Board of 13 Salmon and Freshwater Fisheries, the Board of Marine Fisheries, and the Board 14 of Game are authorized to hire and set the compensation for one clerical assistant for 15 each board. 16 * Sec. 21. AS 16.05.315 is amended to read: 17 Sec. 16.05.315. JOINT BOARD MEETINGS. Any two or more of the [THE] 18 Board of Salmon and Freshwater Fisheries, the Board of Marine Fisheries, or 19 [AND] the Board of Game may hold a joint meeting upon the call of the commissioner 20 or a board to resolve any conflicts in regulations of the boards and to consider matters, 21 as determined by the commissioner or a board, that require the consideration of two 22 or more of the [BOTH] boards. 23 * Sec. 22. AS 16.05.320 is amended to read: 24 Sec. 16.05.320. QUORUM. A majority of the members of a board constitutes 25 a quorum for the transaction of business, for the performance of any duty, and for the 26 exercise of any power. However, a majority of the full board membership is required 27 to carry all motions, regulations, and resolutions. A majority of the members of the 28 boards meeting in a joint meeting [OF FISHERIES AND GAME ] constitute a 29 quorum for the transaction of business in a joint board meeting. A majority of the 30 membership of the boards meeting in a joint meeting is required to carry all joint 31 motions, regulations, and resolutions of the boards.
01 * Sec. 23. AS 16.05.330(c) is amended to read: 02 (c) The Board of Salmon and Freshwater Fisheries, the Board of Marine 03 Fisheries, and the Board of Game may adopt regulations providing for the issuance and 04 expiration of subsistence permits for areas, villages, communities, groups, or 05 individuals as needed for authorizing, regulating, and monitoring the subsistence 06 harvest of fish and game. The boards shall adopt these regulations when the 07 subsistence preference requires a reduction in the harvest of a fish stock or game 08 population by nonsubsistence users. 09 * Sec. 24. AS 16.05.405(a) is amended to read: 10 (a) Subject to regulations adopted by the Board of Salmon and Freshwater 11 Fisheries, the Board of Marine Fisheries, or the Board of Game to implement this 12 section, including regulations relating to or restricting seasons, areas, methods and 13 means, and species, a resident may take fish or game harvested primarily for food on 14 behalf of another person under this section. 15 * Sec. 25. AS 16.05.405(d) is amended to read: 16 (d) A resident who takes fish or game on behalf of another person under this 17 section may, subject to applicable regulations of the Board of Salmon and Freshwater 18 Fisheries, the Board of Marine Fisheries, or the Board of Game, take the fish or 19 game only under those conditions that would apply to the other person if the other 20 person took the fish or game personally. 21 * Sec. 26. AS 16.05.475(b) is amended to read: 22 (b) The term "employ,"[,] as used in this section, shall be defined by the Board 23 of Salmon and Freshwater Fisheries and the Board of Marine Fisheries through the 24 adoption of regulations under AS 44.62 (Administrative Procedure Act). The 25 definition may include any activities involving the use or navigation of fishing vessels. 26 * Sec. 27. AS 16.05.475(c) is amended to read: 27 (c) The term "registered under the laws of the state,"[,] as used in this section, 28 shall be defined by the Board of Salmon and Freshwater Fisheries and the Board 29 of Marine Fisheries through the adoption of regulations under AS 44.62 30 (Administrative Procedure Act). The definition may include any existing requirements 31 regarding registration, licenses, permits, and similar matters imposed by law or
01 regulation together with modifications of them and with any additional requirements 02 the board finds necessary to maximize the authority of the state to apply and enforce 03 fisheries regulations under 16 U.S.C. 1801-1882 (Fishery Conservation and 04 Management Act of 1976, [(] P.L. 94-265, 90 Stat. 331). 05 * Sec. 28. AS 16.05.632(e)(1) is amended to read: 06 (1) "board" means the Board of Marine Fisheries; 07 * Sec. 29. AS 16.05.685(c)(2) is amended to read: 08 (2) "registration area" means a specific king crab registration area as 09 designated by regulation of the Board of Marine Fisheries. 10 * Sec. 30. AS 16.05.722(a) is amended to read: 11 (a) A person who without any culpable mental state violates AS 16.05.440 - 12 16.05.690, or a regulation of the Board of Salmon and Freshwater Fisheries, the 13 Board of Marine Fisheries, or the department governing commercial fishing, is guilty 14 of a violation and upon conviction is punishable by a fine of not more than 15 (1) $3,000 for a first conviction; and 16 (2) $6,000 for a second or subsequent conviction. 17 * Sec. 31. AS 16.05.722(b) is amended to read: 18 (b) In addition, the court shall order forfeiture of any fish, or its fair market 19 value, taken or retained as a result of the commission of the violation. For purposes 20 of this subsection, it is a rebuttable presumption that all fish found on board a fishing 21 vessel used in or in aid of a violation, or found at the fishing site, were taken or 22 retained in violation of AS 16.05.440 - 16.05.690 or a commercial fisheries regulation 23 of the Board of Salmon and Freshwater Fisheries, the Board of Marine Fisheries, 24 or the department. It is the defendant's burden to show by a preponderance of the 25 evidence that fish on board or at the site were lawfully taken and retained. 26 * Sec. 32. AS 16.05.723(a) is amended to read: 27 (a) A person who negligently violates AS 16.05.440 - 16.05.690, or a 28 regulation of the Board of Salmon and Freshwater Fisheries, the Board of Marine 29 Fisheries, or the department governing commercial fishing, is guilty of a misdemeanor 30 and in addition to punishment under other provisions in this title, including 31 AS 16.05.195 and 16.05.710, is punishable upon conviction by a fine of not more than
01 $15,000 or by imprisonment for not more than one year, or by both. In addition, the 02 court shall order forfeiture of any fish, or its fair market value, taken or retained as a 03 result of the commission of the violation, and the court may forfeit any vessel and any 04 fishing gear, including any net, pot, tackle, or other device designed or employed to 05 take fish commercially, that was used in or in aid of the violation. Any fish, or its fair 06 market value, forfeited under this subsection may not also be forfeited under 07 AS 16.05.195. For purposes of this subsection, it is a rebuttable presumption that all 08 fish found on board a fishing vessel used in or in aid of a violation, or found at the 09 fishing site, were taken or retained in violation of AS 16.05.440 - 16.05.690 or a 10 commercial fisheries regulation of the Board of Salmon and Freshwater Fisheries, 11 the Board of Marine Fisheries, or the department, and it is the defendant's burden to 12 show by a preponderance of the evidence that fish on board or at the site were 13 lawfully taken and retained. 14 * Sec. 33. AS 16.05.730(d) is amended to read: 15 (d) In this section, 16 (1) "board" means the Board of Salmon and Freshwater Fisheries; 17 (2) "enhancement project" means a project, facility, or hatchery for the 18 enhancement of fishery resources of the state for which the department has issued a 19 permit. 20 * Sec. 34. AS 16.05.785 is amended to read: 21 Sec. 16.05.785. EFFECT OF FAILURE TO REMOVE OLD MARKERS. If 22 the Board of Salmon and Freshwater Fisheries or the Board of Marine Fisheries 23 by regulation uses department markers to establish waters closed to commercial fishing 24 and the state fails to remove the old markers when new markers are posted to establish 25 waters closed to commercial fishing, commercial fishing is expressly permitted in the 26 waters between the new markers and the old markers until the old markers are 27 removed. 28 * Sec. 35. AS 16.05.820 is amended to read: 29 Sec. 16.05.820. RESEARCH BY THE FEDERAL GOVERNMENT. The 30 Secretary of the Interior, the Secretary of Commerce, or the Secretary of Agriculture 31 of the United States and their authorized agents or other appropriate federal agencies
01 may conduct fish cultural operations and scientific investigations in the state in the 02 manner and at the times jointly considered necessary or proper by the Board of 03 Salmon and Freshwater Fisheries or the Board of Marine Fisheries and the 04 secretary and their authorized agents. 05 * Sec. 36. AS 16.05.940(3) is amended to read: 06 (3) "a board" means [EITHER] the Board of Salmon and Freshwater 07 Fisheries, the Board of Marine Fisheries, or the Board of Game; 08 * Sec. 37. AS 16.05.940(14) is amended to read: 09 (14) "fishery" means a specific administrative area in which a specific 10 fishery resource is taken with a specific type of gear; however, the Board of Salmon 11 and Freshwater Fisheries or the Board of Marine Fisheries may designate a fishery 12 to include more than one specific administrative area, type of gear, or fishery resource; 13 in this paragraph 14 (A) "gear" means the specific apparatus used in the harvest of 15 a fishery resource; and 16 (B) "type of gear" means an identifiable classification of gear 17 and may include 18 (i) classifications for which separate regulations are 19 adopted by the Board of Salmon and Freshwater Fisheries or the 20 Board of Marine Fisheries or for which separate gear licenses were 21 required by former AS 16.05.550 - 16.05.630; and 22 (ii) distinct subclassifications of gear such as "power" 23 troll gear and "hand" troll gear or sport gear and guided sport gear; 24 * Sec. 38. AS 16.05.940(24) is amended to read: 25 (24) "personal use fishing" means the taking, fishing for, or possession 26 of finfish, shellfish, or other fishery resources, by Alaska residents for personal use and 27 not for sale or barter, with gill or dip net, seine, fish wheel, long line, or other means 28 defined by the Board of Salmon and Freshwater Fisheries or the Board of Marine 29 Fisheries; 30 * Sec. 39. AS 16.05.940(29) is amended to read: 31 (29) "sport fishing" means the taking of or attempting to take for
01 personal use, and not for sale or barter, any freshwater [FRESH WATER], marine, 02 or anadromous fish by hook and line held in the hand, or by hook and line with the 03 line attached to a pole or rod which is held in the hand or closely attended, or by other 04 means defined by the Board of Salmon and Freshwater Fisheries or the Board of 05 Marine Fisheries; 06 * Sec. 40. AS 16.05.940(30) is amended to read: 07 (30) "subsistence fishing" means the taking of, fishing for, or 08 possession of fish, shellfish, or other fisheries resources by a resident domiciled in a 09 rural area of the state for subsistence uses with gill net, seine, fish wheel, long line, 10 or other means defined by the Board of Salmon and Freshwater Fisheries or the 11 Board of Marine Fisheries; 12 * Sec. 41. AS 16.10.125 is amended to read: 13 Sec. 16.10.125. USE OF TERMINATION DEVICE ON SHELLFISH AND 14 BOTTOM FISH POT REQUIRED. The Board of Marine Fisheries shall, by 15 regulation, prescribe a termination device or devices for all shellfish and bottom fish 16 pots. In this section "termination device" means a biodegradable seam or panel or 17 other device that renders the pot incapable of holding shellfish or bottom fish for more 18 than six months when it is continuously immersed in sea water. 19 * Sec. 42. AS 16.10.165(b) is amended to read: 20 (b) The Board of Marine Fisheries may adopt regulations under AS 44.62 21 (Administrative Procedure Act) it considers necessary for implementation of this 22 section. The board may delegate its authority under this section to the commissioner. 23 * Sec. 43. AS 16.10.173(b) is amended to read: 24 (b) The Board of Marine Fisheries may adopt regulations under AS 44.62 25 (Administrative Procedure Act) it considers necessary for implementation of this 26 section. The board may delegate its authority under this section to the commissioner. 27 * Sec. 44. AS 16.10.190 is amended to read: 28 Sec. 16.10.190. REGULATIONS. The Board of Salmon and Freshwater 29 Fisheries or the Board of Marine Fisheries may adopt regulations to carry out the 30 purposes of AS 16.10.180 - 16.10.230 defining the adjacent high sea areas, migratory 31 fish, and migratory shellfish and to make coastal fishery regulations governing the
01 manner, means, conditions, and time for the taking of migratory fish and migratory 02 shellfish applicable in designated adjacent high sea areas. 03 * Sec. 45. AS 16.10.200 is amended to read: 04 Sec. 16.10.200. UNLAWFUL TAKING PROHIBITED. A person taking 05 migratory fish and migratory shellfish in high sea areas designated by the Board of 06 Salmon and Freshwater Fisheries or the Board of Marine Fisheries or in violation 07 of the regulations adopted by the Board of Salmon and Freshwater Fisheries or the 08 Board of Marine Fisheries governing the taking of migratory fish and migratory 09 shellfish in the designated areas may not possess, sell, offer to sell, barter, offer to 10 barter, give, or transport in the state, including the waters of the state, migratory fish 11 or migratory shellfish. 12 * Sec. 46. AS 16.10.210 is amended to read: 13 Sec. 16.10.210. UNLAWFUL SALE OR OFFER PROHIBITED. A person 14 may not possess, purchase, offer to purchase, sell, or offer to sell in the state migratory 15 fish or migratory shellfish taken on the high seas knowing that they were taken in 16 violation of a regulation adopted by the Board of Salmon and Freshwater Fisheries 17 or the Board of Marine Fisheries governing the taking of migratory fish or migratory 18 shellfish in certain areas designated by the Board of Salmon and Freshwater 19 Fisheries, the Board of Marine Fisheries, or the commissioner. 20 * Sec. 47. AS 16.10.440(b) is amended to read: 21 (b) The Board of Salmon and Freshwater Fisheries may, after the issuance 22 of a permit by the commissioner, amend by regulation adopted in accordance with 23 AS 44.62 (Administrative Procedure Act), the terms of the permit relating to the source 24 and number of salmon eggs, the harvest of fish by hatchery operators, and the specific 25 locations designated by the department for harvest. The Board of Salmon and 26 Freshwater Fisheries may not adopt any regulations or take any action regarding the 27 issuance or denial of any permits required in AS 16.10.400 - 16.10.470. 28 * Sec. 48. AS 16.20.033(f) is amended to read: 29 (f) The department shall allow commercial, sport, and subsistence fishing and 30 hunting within the Yakataga State Game Refuge under regulations of the Board of 31 Salmon and Freshwater Fisheries, the Board of Marine Fisheries, and the Board
01 of Game. The department shall also permit associated support activities when 02 necessary and consistent with AS 16.20.010 - 16.20.080 to support fishing and hunting 03 permitted under this section, including fish buying operations, aircraft support 04 including landing strips, and off-road vehicle use. 05 * Sec. 49. AS 16.20.510 is amended to read: 06 Sec. 16.20.510. REGULATIONS. The Board of Salmon and Freshwater 07 Fisheries, the Board of Marine Fisheries, and the Board of Game, where appropriate, 08 shall adopt regulations they consider advisable for conservation and protection 09 purposes governing the taking of fish and game in state fish and game critical habitat 10 areas. 11 * Sec. 50. AS 16.40.120(d) is amended to read: 12 (d) The commissioner shall deny or restrict a permit under this section upon 13 finding that the proposed harvest will impair sustained yield of the species or will 14 unreasonably disrupt established uses of the resources by commercial, sport, personal 15 use, or subsistence users. The commissioner shall inform either the Board of Salmon 16 and Freshwater Fisheries or the Board of Marine Fisheries, as appropriate, of any 17 action taken on permit applications for species that support commercial fisheries 18 subject to limited entry under AS 16.43 and of any permits denied because of 19 unreasonable disruption of an established use. A denial of the permit by the 20 commissioner must contain the factual basis for the findings. 21 * Sec. 51. AS 16.40.120(e) is amended to read: 22 (e) The Board of Salmon and Freshwater Fisheries or the Board of Marine 23 Fisheries may adopt regulations for the conservation, maintenance, and management 24 of species for which an acquisition permit is required. 25 * Sec. 52. AS 16.40.130 is amended to read: 26 Sec. 16.40.130. IMPORTATION OF AQUATIC PLANTS OR SHELLFISH 27 FOR STOCK. A person may not import into the state an aquatic plant or shellfish for 28 the purpose of supplying stock to an aquatic farm or hatchery unless authorized by a 29 regulation of the Board of Salmon and Freshwater Fisheries or the Board of 30 Marine Fisheries. 31 * Sec. 53. AS 16.43.200(a) is amended to read:
01 (a) The commission shall establish administrative areas suitable for regulating 02 and controlling entry into the commercial fisheries. The commission shall make the 03 administrative areas reasonably compatible with the geographic areas for which 04 specific commercial fishing regulations are adopted by the Board of Salmon and 05 Freshwater Fisheries or the Board of Marine Fisheries. 06 * Sec. 54. AS 16.43.225(d) is amended to read: 07 (d) While a moratorium is in effect, the commission shall conduct 08 investigations to determine whether a maximum number of entry permits should be 09 established under AS 16.43.240 by 10 (1) conducting research into conditions in the fishery; 11 (2) consulting with the Department of Fish and Game and, as 12 appropriate, either the Board of Salmon and Freshwater Fisheries or the Board 13 of Marine Fisheries; and 14 (3) consulting with participants in the fishery. 15 * Sec. 55. AS 16.43.381(a) is amended to read: 16 (a) Use privileges granted under AS 16.43.340 - 16.43.390 are subject to the 17 regulations of the Board of Salmon and Freshwater Fisheries or the Board of 18 Marine Fisheries, which may adopt regulations exclusively applicable to the use of 19 educational entry permits. 20 * Sec. 56. AS 16.43.430 is amended to read: 21 Sec. 16.43.430. AUTHORIZED GEAR. For the purposes of harvesting 22 salmon, a special harvest area entry permit holder may employ any fishing gear 23 designated as legal gear in the applicable special harvest area by the Board of Salmon 24 and Freshwater Fisheries. 25 * Sec. 57. AS 16.43.440(a) is amended to read: 26 (a) Use privileges granted under AS 16.43.400 - 16.43.440 are subject to the 27 regulations of the Board of Salmon and Freshwater Fisheries. 28 * Sec. 58. AS 16.43.950 is amended to read: 29 Sec. 16.43.950. APPLICATIONS OF FISHERIES REGULATIONS [OF 30 BOARD OF FISHERIES]. Nothing in this chapter limits the powers of the Board of 31 Salmon and Freshwater Fisheries or the Board of Marine Fisheries, including the
01 power to determine legal types of gear and the power to establish size limitations or 02 other uniform restrictions applying to a certain type of gear. Holders of interim-use 03 permits or entry permits issued under this chapter are subject to all regulations adopted 04 by the Board of Salmon and Freshwater Fisheries or the Board of Marine 05 Fisheries. 06 * Sec. 59. AS 16.43.955 is amended to read: 07 Sec. 16.43.955. HEARINGS IN PROXIMITY TO BOARD OF SALMON 08 AND FRESHWATER FISHERIES AND BOARD OF MARINE FISHERIES 09 MEETINGS. When practicable, a commission hearing that deals with the subject of 10 limiting entry to a fishery shall be held on the same dates on which, and in the same 11 building or in a building adjacent to the building in which, a meeting of the Board of 12 Salmon and Freshwater Fisheries or the Board of Marine Fisheries, as 13 appropriate, [MEETING] is being held. 14 * Sec. 60. AS 16.43.990(8) is amended to read: 15 (8) "type of gear" means a customary and identifiable classification of 16 gear and shall include: 17 (A) those classifications for which separate regulations were 18 adopted by the Board of Salmon and Freshwater Fisheries or the Board of 19 Marine Fisheries and for which separate gear licenses were required by former 20 AS 16.05.550 - 16.05.630; and 21 (B) distinct subclassifications of gear such as "power" troll gear 22 and "hand" troll gear; 23 * Sec. 61. AS 16.43.990(9) is amended to read: 24 (9) "unit of gear" means the maximum amount of a specific type of 25 gear which can be fished under a single gear license subject to regulations established 26 by the Board of Salmon and Freshwater Fisheries or the Board of Marine Fisheries 27 defining the legal requirements for that type of gear. 28 * Sec. 62. AS 29.60.450(f)(6) is amended to read: 29 (6) "management area" means one of the geographical units designated 30 by the Board of Salmon and Freshwater Fisheries or the Board of Marine Fisheries 31 by regulation adopted under AS 16.05.251(a)(2) for the management of commercial
01 fisheries of the state; 02 * Sec. 63. AS 39.50.200(b)(40) is amended to read: 03 (40) Board of Salmon and Freshwater Fisheries (AS 16.05.221(a)); 04 * Sec. 64. AS 39.50.200(b) is amended by adding a new paragraph to read: 05 (55) Board of Marine Fisheries (AS 16.05.221(d)). 06 * Sec. 65. AS 39.52.120(c) is amended to read: 07 (c) In addition to other provisions of this section, a public officer who is a 08 member of the Board of Salmon and Freshwater Fisheries, the Board of Marine 09 Fisheries, or the Board of Game may not act on a matter before the board if the public 10 officer has not disclosed in the manner set out in AS 39.52.220 all personal or 11 financial interests in a business or organization relating to fish or game resources. 12 * Sec. 66. AS 41.21.174(b) is amended to read: 13 (b) The Department of Fish and Game is responsible for the management of 14 fish and game resources in the Shuyak Island State Park, consistent with the sustained 15 yield principle and the purposes and provisions of this chapter. The Board of Salmon 16 and Freshwater Fisheries, the Board of Marine Fisheries, the Board of Game, and 17 the commissioner of fish and game are responsible for adopting regulations governing 18 uses of fish and game in accordance with AS 16. The fish and game habitat and 19 breeding areas shall be managed to ensure that the fish and game resources of the park 20 continue on a sustained yield basis. 21 * Sec. 67. AS 41.21.176(c) is amended to read: 22 (c) The regulations governing public use of the Shuyak Island State Park shall 23 provide ample access for legal sport and subsistence hunting and fishing, trapping, and 24 recreational uses. Except to protect public safety the commissioner may not restrict 25 the exercise of sport or subsistence fishing or hunting, or trapping permitted under law 26 or under a regulation of the Board of Salmon and Freshwater Fisheries, the Board 27 of Marine Fisheries, or the Board of Game within the Shuyak Island State Park. 28 * Sec. 68. AS 41.21.183(b) is amended to read: 29 (b) The Department of Fish and Game is responsible for the management of 30 fish and game resources in the Point Bridget State Park, consistent with the sustained-yield principle and the purposes 31 and provisions of this chapter. The Board of Salmon
01 and Freshwater Fisheries, the Board of Marine Fisheries, the Board of Game, and 02 the commissioner of fish and game are responsible for adopting regulations governing 03 uses of fish and game under AS 16. The fish and game habitat and breeding areas 04 shall be managed to ensure that the fish and game resources of the park continue on 05 a sustained-yield basis. 06 * Sec. 69. AS 41.21.187(b) is amended to read: 07 (b) The Department of Fish and Game is responsible for the management of 08 fish and game resources in the Afognak Island State Park, consistent with the sustained 09 yield principle and the purposes and provisions of this chapter. The Board of Salmon 10 and Freshwater Fisheries, the Board of Marine Fisheries, the Board of Game, and 11 the commissioner of fish and game are responsible for adopting regulations governing 12 uses of fish and game in accordance with AS 16. The fish and game habitat and 13 breeding areas shall be managed to ensure that the fish and game resources of the park 14 and habitat are maintained or enhanced. 15 * Sec. 70. AS 41.21.187(d) is amended to read: 16 (d) The Board of Salmon and Freshwater Fisheries, the Board of Marine 17 Fisheries, the Board of Game, and the commissioner of fish and game shall consult 18 with the Department of Natural Resources before adoption of regulations governing 19 fish and game use in the Afognak Island State Park. 20 * Sec. 71. AS 41.21.188(c) is amended to read: 21 (c) The regulations governing public use of the Afognak Island State Park 22 must provide reasonable access for lawful sport and subsistence hunting and fishing, 23 personal use fishing, trapping, recreational uses, and commercial fishing. Except to 24 protect public safety, the commissioner may not restrict the exercise of sport or 25 subsistence hunting or fishing, personal use fishing, trapping, or commercial fishing 26 permitted under law or under a regulation of the Board of Salmon and Freshwater 27 Fisheries, the Board of Marine Fisheries, or the Board of Game within the Afognak 28 Island State Park. 29 * Sec. 72. AS 41.21.302(d) is amended to read: 30 (d) The commissioner may not restrict the exercise of fishing, hunting, or 31 trapping rights permitted under law or under a regulation of the Board of Salmon and
01 Freshwater Fisheries, the Board of Marine Fisheries, or the Board of Game within 02 a marine park unit of the Alaska state park system. 03 * Sec. 73. AS 41.21.492(b) is amended to read: 04 (b) Nothing in AS 41.21.491 - 41.21.495 affects the responsibilities of 05 (1) the Department of Fish and Game, the Board of Salmon and 06 Freshwater Fisheries, the Board of Marine Fisheries, or the Board of Game under 07 AS 16 and AS 41.99.010; 08 (2) the Department of Environmental Conservation under AS 46.03; or 09 (3) state agencies and municipalities under AS 44.19.145(a)(11) and 10 AS 46.40.100. 11 * Sec. 74. AS 41.21.504(b) is amended to read: 12 (b) Nothing in AS 41.21.500 - 41.21.514 affects the applicability of 13 (1) AS 41.99.010 and AS 16 regarding the responsibilities of the 14 Department of Fish and Game, [OR] the Board of Salmon and Freshwater Fisheries, 15 the Board of Marine Fisheries, or the Board of Game; 16 (2) AS 46.03 regarding the responsibilities of the Department of 17 Environmental Conservation; or 18 (3) AS 44.19.145(a)(11) and AS 46.40.100 regarding the responsibilities 19 of state agencies and municipalities. 20 * Sec. 75. AS 41.21.616 is amended to read: 21 Sec. 41.21.616. REGULATIONS. The department shall consult with the 22 Department of Fish and Game, the United States Fish and Wildlife Service, a local 23 governing body of a municipality, any local fish and game advisory committees, and 24 the Alaska Chilkat Bald Eagle Preserve Advisory Council established by AS 41.21.625 25 before adoption of reasonable regulations governing public use and protection of the 26 Alaska Chilkat Bald Eagle Preserve. The Department of Fish and Game shall consult 27 with the department and the Alaska Chilkat Bald Eagle Preserve Advisory Council in 28 proposing regulations governing fish and game management in the Alaska Chilkat Bald 29 Eagle Preserve for adoption by the Board of Salmon and Freshwater Fisheries or the 30 Board of Game. The Department of Fish and Game and the department shall 31 cooperate with the United States Fish and Wildlife Service in its administration of
01 federal law governing the conservation of bald eagles. 02 * Sec. 76. AS 41.23.030(c) is amended to read: 03 (c) The commissioner may not restrict lawful sport and subsistence fishing, 04 hunting, or trapping rights allowed under a regulation of the Board of Salmon and 05 Freshwater Fisheries or the Board of Game within the Nelchina Public Use Area. 06 * Sec. 77. AS 41.23.110(b) is amended to read: 07 (b) The commissioner of fish and game, the Board of Salmon and Freshwater 08 Fisheries, and the Board of Game are responsible for the management of fish and 09 game resources and public use of fish and wildlife in the Hatcher Pass Public Use 10 Area consistent with the purposes of AS 41.23.100. 11 * Sec. 78. AS 41.23.110(d) is amended to read: 12 (d) The provisions of AS 41.23.100 - 41.23.130 do not restrict a responsibility 13 within the Hatcher Pass Public Use Area of the commissioner of fish and game, the 14 Board of Salmon and Freshwater Fisheries, the Board of Game, the commissioner 15 of environmental conservation, or the commissioner of public safety. 16 * Sec. 79. AS 41.23.120(c) is amended to read: 17 (c) The commissioner may not restrict lawful fishing, hunting, or trapping 18 rights allowed under a regulation of the Board of Salmon and Freshwater Fisheries 19 or the Board of Game within the Hatcher Pass Public Use Area. 20 * Sec. 80. AS 41.23.160(c) is amended to read: 21 (c) The commissioner may not restrict fishing, hunting, or trapping rights 22 allowed under a regulation of the Board of Salmon and Freshwater Fisheries or the 23 Board of Game within the Goldstream Public Use Area. 24 * Sec. 81. AS 41.23.420(d) is amended to read: 25 (d) The provisions of AS 41.23.400 - 41.23.510 do not affect the authority of 26 (1) the Department of Fish and Game, the Board of Salmon and 27 Freshwater Fisheries, the Board of Marine Fisheries, the Board of Game, or the Big 28 Game Commercial Services Board under AS 08.54, AS 16, or AS 41.99.010; 29 (2) the Department of Environmental Conservation under AS 46.03; or 30 (3) state agencies and municipalities under AS 44.19.145(a)(11) and 31 AS 46.40.100.
01 * Sec. 82. AS 41.99.010 is amended to read: 02 Sec. 41.99.010. FISH AND GAME MANAGEMENT AND ENFORCEMENT. 03 Nothing in this title denies the Department of Fish and Game, [OR] the Board of 04 Salmon and Freshwater Fisheries, the Board of Marine Fisheries, or [AND] the 05 Board of Game their management and enforcement responsibilities related to the fish 06 and game of this state. 07 * Sec. 83. AS 44.39.030 is amended to read: 08 Sec. 44.39.030. APPOINTMENT AND TERM OF OFFICE OF 09 COMMISSIONER. The governor shall appoint the commissioner of fish and game 10 from a list of qualified persons nominated by the Board of Salmon and Freshwater 11 Fisheries, the Board of Marine Fisheries, and the Board of Game meeting in joint 12 session, subject to the right of the governor to request additional nominations. The 13 appointment shall be confirmed by a majority of the members of the legislature in joint 14 session. The commissioner of fish and game serves for a term of five years. 15 * Sec. 84. AS 44.39.050 is amended to read: 16 Sec. 44.39.050. REMOVAL OF COMMISSIONER. The Board of Salmon 17 and Freshwater Fisheries, the Board of Marine Fisheries, or the Board of Game 18 may submit a resolution to the governor requesting the removal of the commissioner. 19 The resolution shall set out the grounds for the request and the governor shall give the 20 commissioner and both boards an opportunity to be heard. The final decision to 21 remove or retain the commissioner shall be made by the governor. 22 * Sec. 85. AS 44.62.330(a)(40) is amended to read: 23 (40) Board of Salmon and Freshwater Fisheries; 24 * Sec. 86. AS 44.62.330(a) is amended by adding a new paragraph to read: 25 (60) Board of Marine Fisheries. 26 * Sec. 87. AS 46.15.035(e)(1) is amended to read: 27 (1) "fish" means a species of anadromous or freshwater fish that may 28 be taken under regulations of the Board of Salmon and Freshwater Fisheries; 29 * Sec. 88. AS 46.15.037(e)(1) is amended to read: 30 (1) "fish" means a species of anadromous or freshwater fish that may 31 be taken under regulations of the Board of Salmon and Freshwater Fisheries;
01 * Sec. 89. Section 3, ch. 1, SSSLA 1992, is amended to read: 02 Sec. 3. AS 16.05.258 is repealed and reenacted to read: 03 Sec. 16.05.258. SUBSISTENCE USE AND ALLOCATION OF FISH AND 04 GAME. (a) The Board of Salmon and Freshwater Fisheries, the Board of Marine 05 Fisheries, and the Board of Game shall identify the fish stocks and game populations, 06 or portions of stocks and populations, that are customarily and traditionally used for 07 subsistence in each rural area identified by the boards. 08 (b) The boards shall determine 09 (1) what portion, if any, of the stocks and populations identified under 10 (a) of this section can be harvested consistent with sustained yield; and 11 (2) how much of the harvestable portion is needed to provide a 12 reasonable opportunity to satisfy the subsistence uses of those stocks and populations. 13 (c) The boards shall adopt subsistence fishing and subsistence hunting 14 regulations for each stock and population for which a harvestable portion is determined 15 to exist under (b)(1) of this section. If the harvestable portion is not sufficient to 16 accommodate all consumptive uses of the stock or population, but is sufficient to 17 accommodate subsistence uses of the stock or population, then nonwasteful subsistence 18 uses shall be accorded a preference over other consumptive uses, and the regulations 19 shall provide a reasonable opportunity to satisfy the subsistence uses. If the 20 harvestable portion is sufficient to accommodate the subsistence uses of the stock or 21 population, then the boards may provide for other consumptive uses of the remainder 22 of the harvestable portion. If it is necessary to restrict subsistence fishing or 23 subsistence hunting in order to assure sustained yield or continue subsistence uses, then 24 the preference shall be limited, and the boards shall distinguish among subsistence 25 users, by applying the following criteria: 26 (1) customary and direct dependence on the fish stock or game 27 population as the mainstay of livelihood; 28 (2) local residency; and 29 (3) availability of alternative resources. 30 (d) The boards may adopt regulations consistent with this section that authorize 31 taking for nonsubsistence uses a stock or population identified under (a) of this section.
01 (e) Fish stocks and game populations, including bison, or portions of fish 02 stocks and game populations, not identified under (a) of this section may be taken only 03 under nonsubsistence regulations. 04 (f) Takings authorized under this section are subject to reasonable regulation 05 of seasons, catch or bag limits, and methods and means. Takings and uses of 06 resources authorized under this section are subject to AS 16.05.831 and AS 16.30. 07 * Sec. 90. Section 8, ch. 1, SSSLA 1992, is amended to read: 08 Sec. 8. TRANSITION. After January 1, 1995, the Board of Salmon and 09 Freshwater Fisheries, Board of Marine Fisheries, Board of Game, and Department 10 of Fish and Game may adopt regulations to implement AS 16.05.258, as amended by 11 sec. 3 of this Act. Regulations adopted under this section may not take effect before 12 the effective date of sec. 3 of this Act. 13 * Sec. 91. TRANSITION; REGULATIONS. (a) Regulations of the Board of Fisheries 14 that are in effect on the effective date of this section and regulations of the Board of Fisheries 15 adopted before the effective date of this section, upon taking effect, must be implemented and 16 enforced until the regulation expires or is amended or repealed by the Board of Salmon and 17 Freshwater Fisheries or the Board of Marine Fisheries, or both, as appropriate under provisions 18 of this Act. 19 (b) Regulations jointly adopted by the Board of Fisheries and the Board of Game that 20 are in effect on the effective date of this section or that were adopted before the effective date 21 of this section, upon taking effect, must be implemented and enforced until the regulation 22 expires or is amended or repealed by the joint action of the Board of Game, the Board of 23 Salmon and Freshwater Fisheries, and the Board of Marine Fisheries, or as otherwise provided 24 under provisions of this Act. 25 * Sec. 92. TRANSITION; APPOINTMENTS. (a) The governor shall appoint, and submit 26 to the legislature for confirmation by the 10th legislative day of the Second Regular Session 27 of the Nineteenth Alaska State Legislature, seven persons qualified to serve on the Board of 28 Salmon and Freshwater Fisheries, established by sec. 6 of this Act. Notwithstanding 29 AS 16.05.221(c), as amended by sec. 7 of this Act, the governor shall appoint two persons to 30 serve on the board for an initial term of one year, two persons to serve on the board for an 31 initial term of two years, and three persons to serve on the board for a term of three years.
01 (b) The governor shall appoint, and submit to the legislature for confirmation by the 02 10th legislative day of the Second Regular Session of the Nineteenth Alaska State Legislature, 03 seven persons qualified to serve on the Board of Marine Fisheries, established by sec. 8 of this 04 Act. Notwithstanding AS 16.05.221(c), as amended by sec. 7 of this Act, the governor shall 05 appoint two persons to serve on the board for an initial term of one year, two persons to serve 06 on the board for an initial term of two years, and three persons to serve on the board for a 07 term of three years. 08 * Sec. 93. (a) This section of this Act does not take effect if sec. 94 of this Act is passed 09 by concurrence of two-thirds of the membership of each house of the Alaska State Legislature 10 as provided under art. II, sec. 18, Constitution of the State of Alaska. 11 (b) Notwithstanding secs. 1 - 91 of this Act, the persons serving as members of the 12 Board of Fisheries on the day before the effective date of sec. 1 of this Act, and their 13 successors, shall continue to serve on the board until July 1 following the confirmation by 14 the legislature of 15 (1) at least five of the seven persons appointed by the governor to serve on 16 the Board of Salmon and Freshwater Fisheries as established by sec. 6 of this Act; and 17 (2) at least five of the seven persons appointed by the governor to serve on 18 the Board of Marine Fisheries as established by sec. 8 of this Act. 19 (c) Notwithstanding secs. 1 - 91 of this Act, the Board of Fisheries shall operate under 20 the provisions of laws amended by secs. 1 - 91 of this Act as those provisions read on the day 21 before the effective date of sec. 1 of this Act until July 1 following the confirmation by the 22 legislature of 23 (1) at least five of the seven persons appointed by the governor to serve on 24 the Board of Salmon and Freshwater Fisheries as established by sec. 6 of this Act; and 25 (2) at least five of the seven persons appointed by the governor to serve on 26 the Board of Marine Fisheries as established by sec. 8 of this Act. 27 * Sec. 94. Sections 1 - 91 of this Act take effect on July 1 following the confirmation by 28 the legislature of 29 (1) at least five of the seven persons appointed by the governor to serve on 30 the Board of Salmon and Freshwater Fisheries as established by sec. 6 of this Act; and 31 (2) at least five of the seven persons appointed by the governor to serve on
01 the Board of Marine Fisheries as established by sec. 8 of this Act.