SB 297: "An Act relating to leases of fishing rights for the sea urchin fishery."
00SENATE BILL NO. 297 01 "An Act relating to leases of fishing rights for the sea urchin fishery." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 16.05.050 is amended by adding a new paragraph to read: 04 (20) to identify and delineate sea urchin harvest areas capable of 05 supporting a viable sea urchin fishery; establish harvest quotas for each sea urchin 06 harvest area; and lease fishing rights to take sea urchin in sea urchin harvest areas. 07 * Sec. 2. AS 16.10 is amended by adding new sections to read: 08 ARTICLE 10A. SEA URCHIN FISHERY. 09 Sec. 16.10.601. SEA URCHIN HARVEST AREA LEASES. (a) In order to 10 facilitate the conservation and management of the sea urchin resource in an orderly and 11 efficient manner, the department may lease fishing rights to commercially take sea 12 urchin. 13 (b) The department shall establish the number of leases to be issued for each 14 sea urchin harvest area based upon a reasonable balance of the following general
01 standards: 02 (1) the number of leases sufficient to maintain an economically healthy 03 fishery that will result in a reasonable average rate of economic return to the lessee; 04 (2) the number of leases necessary to harvest the allowable commercial 05 take of the sea urchin resource during all years in an orderly, efficient manner, and 06 consistent with sound fishery management techniques. 07 (c) The department shall issue each lease authorized by the department under 08 (b) of this section to the person, as defined in AS 01.10.060, who the department 09 determines is the applicant best able to conserve the resource, operate a viable sea 10 urchin fishery enterprise, compensate the state for the management, research, and 11 administrative expenses incurred by the department, provide the greatest long-term 12 economic benefit to the state, and pay the largest royalty fee in excess of the amount 13 necessary to compensate the state for the cost of management, research, and 14 administration for the fishery. The department shall make its determination based 15 upon the proposals submitted by applicants for the lease and other information the 16 department may determine relevant. Upon acceptance of a proposal by the department 17 and the issuance of the lease, the applicant's plan of operation, monitoring and 18 enforcement plan, and agreement to pay the agreed upon royalty fee are binding upon 19 the successful applicant. 20 (d) A proposal to lease fishing rights for a sea urchin harvest area fishery must 21 contain 22 (1) a description of the experience of the applicant in commercial sea 23 urchin fisheries; 24 (2) a description of the experience of the applicant in commercial 25 fisheries in the state; 26 (3) a description of the short and long-term benefits to be received by 27 the state and affected communities under the proposal, including employment for 28 residents, training programs for residents, and development of a viable sea urchin 29 fishery in the state; 30 (4) a proposed plan of operation and a proposed monitoring and 31 enforcement plan;
01 (5) evidence of the financial capacity of the applicant to 02 (A) fulfill commitments made in the proposed plan of operation 03 and the proposed monitoring and enforcement plan; 04 (B) pay the fees established by the department under 05 AS 16.10.630; and 06 (C) pay the royalty fee offered by the applicant in the 07 applicant's proposal; and 08 (6) other information required by the department. 09 (e) A lease issued under this section is valid for a maximum of three years. 10 The lease may be revoked by the department for nonuse, for failure to comply with 11 the plan of operation or the monitoring and enforcement plan, for failure to pay fees 12 required under AS 16.10.601 - 16.10.649, or for failure to comply with AS 16.10.601 - 13 16.10.649 or regulations adopted under AS 16.10.601 - 16.10.649. 14 (f) A person may hold successive leases for a sea urchin harvest area if the 15 person applies for each lease under (c) of this section and is selected by the department 16 as the best qualified applicant. 17 (g) Procedures for soliciting and evaluating applications for a lease of fishing 18 rights, issuance of leases, and related actions are governed by regulations adopted by 19 the department under AS 36.30.015. 20 Sec. 16.10.611. SEA URCHIN FISHING. (a) A person who receives a lease 21 under AS 16.10.601 - 16.10.649 may commercially harvest sea urchins in the harvest 22 area for which the lease was issued. 23 (b) A person may not engage in the commercial taking of sea urchins in a sea 24 urchin harvest area unless the person holds a lease of fishing rights to take sea urchin 25 in the harvest area or the person is employed by the holder of the lease for the harvest 26 area and holds a commercial fishing license issued under AS 16.05.480. 27 Sec. 16.10.621. TRANSFER OF LEASE. A lease of fishing rights to take sea 28 urchin may not be 29 (1) pledged, mortgaged, leased, or encumbered in any way; 30 (2) assigned or otherwise transferred; or 31 (3) attached, distrained, or sold on execution of judgment or under any
01 other process or order of any court. 02 Sec. 16.10.630. FEES. (a) The department shall establish the annual fee for 03 each lease of fishing rights for a sea urchin harvest area. The annual fee must reflect 04 the costs of issuing and administering the lease, the costs incurred by the department 05 for management, monitoring, and research associated with the harvest of sea urchin. 06 (b) Royalty fees set under AS 16.10.601 must be paid quarterly. 07 (c) The department may charge interest at a rate not to exceed the legal rate 08 of interest established in AS 45.45.010(a) on fees more than 60 days overdue. 09 Sec. 16.10.640. APPLICABILITY OF OTHER LAW. (a) AS 16.10.601 - 10 16.10.649 do not limit the authority of the Department of Fish and Game or the Board 11 of Fisheries to regulate the sea urchin fishery or to allocate the sea urchin resource 12 among subsistence, commercial, sport, and personal use fishermen under this title. 13 (b) Except as provided under AS 36.30.015, a lease of fishing rights to take 14 sea urchin is not subject to AS 36.30. 15 (c) A person who holds a lease of fishing rights to take sea urchin is not 16 subject to the fishery business license or taxes imposed under AS 43.75 or the seafood 17 marketing assessment imposed under AS 16.51 in regard to sea urchin taken from the 18 sea urchin harvest area for which the lease is issued. 19 Sec. 16.10.649. DEFINITION. In AS 16.10.601 - 16.10.649, "department" 20 means the Department of Fish and Game. 21 * Sec. 3. AS 36.30.015 is amended by adding a new subsection to read: 22 (i) The Department of Fish and Game shall adopt regulations governing the 23 solicitation and evaluation of applications for leases of fishing rights under 24 AS 16.10.601 - 16.10.649, issuance of leases of fishing rights under AS 16.10.601- 25 16.10.649, and related matters. The department shall adopt regulations providing a 26 preference for residents who apply for a lease under AS 16.10.601- 16.10.649. 27 * Sec. 4. AS 36.30.850(b) is amended by adding a new paragraph to read: 28 (34) a lease of fishing rights by the Department of Fish and Game 29 under AS 16.10.601 - 16.10.649. 30 * Sec. 5. AS 36.30.990(1)(B) is amended by adding a new sub-subparagraph to read: 31 (ix) the Department of Fish and Game, in regard to a
01 lease of fishing rights under AS 16.10.601 - 16.10.649;