CSSB 41(JUD): "An Act relating to reports by fishing vessels that are not licensed under the laws of the state."

00CS FOR SENATE BILL NO. 41(JUD) 01 "An Act relating to reports by fishing vessels that are not licensed under the 02 laws of the state." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 16.05.251(a) is amended to read: 05  (a) The Board of Fisheries may adopt regulations it considers advisable in 06 accordance with AS 44.62 (Administrative Procedure Act) for 07  (1) setting apart fish reserve areas, refuges, and sanctuaries in the 08 waters of the state over which it has jurisdiction, subject to the approval of the 09 legislature; 10  (2) establishing open and closed seasons and areas for the taking of 11 fish; if consistent with resource conservation and development goals, the board may 12 adopt regulations establishing restricted seasons and areas necessary for persons 60 13 years of age and older to participate in sport, personal use, or subsistence fishing; 14  (3) setting quotas, bag limits, harvest levels, and sex and size

01 limitations on the taking of fish; 02  (4) establishing the means and methods employed in the pursuit, 03 capture, and transport of fish; 04  (5) establishing marking and identification requirements for means used 05 in pursuit, capture, and transport of fish; 06  (6) classifying as commercial fish, sport fish, guided sport fish, 07 personal use fish, subsistence fish, or predators or other categories essential for 08 regulatory purposes; 09  (7) watershed and habitat improvement, and management, conservation, 10 protection, use, disposal, propagation, and stocking of fish; 11  (8) investigating and determining the extent and effect of disease, 12 predation, and competition among fish in the state, exercising control measures 13 considered necessary to the resources of the state; 14  (9) prohibiting and regulating the live capture, possession, transport, or 15 release of native or exotic fish or their eggs; 16  (10) establishing seasons, areas, quotas, and methods of harvest for 17 aquatic plants; 18  (11) establishing the times and dates during which the issuance of 19 fishing licenses, permits, and registrations and the transfer of permits and registrations 20 between registration areas is allowed; however, this paragraph does not apply to 21 permits issued or transferred under AS 16.43; 22  (12) regulating commercial, sport, guided sport, subsistence, and 23 personal use fishing as needed for the conservation, development, and utilization of 24 fisheries; 25  (13) requiring, in a fishery, observers on board fishing vessels, as 26 defined in AS 16.05.475(d), that are registered under the laws of the state, as defined 27 in AS 16.05.475(c), after making a written determination that an on-board observer 28 program 29  (A) is the only practical data-gathering or enforcement 30 mechanism for that fishery; 31  (B) will not unduly disrupt the fishery;

01  (C) can be conducted at a reasonable cost; and 02  (D) can be coordinated with observer programs of other 03 agencies, including the National Marine Fisheries Service, North Pacific 04 Fishery Management Council, and the International Pacific Halibut 05 Commission; 06  (14) establishing nonexclusive, exclusive, and superexclusive 07 registration and use areas for regulating commercial fishing; 08  (15) regulating resident or nonresident sport fishermen as needed for 09 the conservation, development, and utilization of fishery resources; 10  (16) requiring unlicensed fishing vessels present in or transiting the 11 waters of the state to report to the department the quantity, species, and origin 12 of fish on board; in this paragraph, "unlicensed fishing vessel" means a fishing 13 vessel that is not licensed under AS 16.05.490 - 16.05.530. 14 * Sec. 2. Before May 1996, the Board of Fisheries shall consider for adoption, and adopt 15 as the board considers appropriate, regulations under AS 16.05.251(a)(16) to require an 16 unlicensed fishing vessel present in or transiting the waters of the state in Southeast Alaska 17 to report in a timely manner to the Department of Fish and Game the quantity, species, and 18 origin of fish on board the vessel.