HB 198: "An Act relating to regional dive fishery development associations and to dive fishery management assessments; and providing for an effective date."
00HOUSE BILL NO. 198 01 "An Act relating to regional dive fishery development associations and to dive 02 fishery management assessments; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 16.40 is amended by adding a new section to read: 05 Article 4. Development of Dive Fisheries. 06 Sec. 16.40.240. Regional dive fishery development associations. (a) The 07 commissioner shall assist in and encourage the formation of qualified regional dive 08 fishery development associations for the purpose of developing dive fisheries and 09 cooperative management of dive fisheries in administrative areas of the state in which 10 dive fisheries exist. A regional dive fishery development association is qualified if the 11 commissioner determines that the regional association 12 (1) is incorporated as a nonprofit corporation under AS 10.20; 13 (2) represents commercial fishermen who participate in each dive 14 fishery in the region; and
01 (3) possesses a board of directors that is representative of commercial 02 dive fishermen who fish in each of the significant commercial dive fishing areas in the 03 administrative area. 04 (b) In this section, "administrative area" has the meaning given in 05 AS 43.76.210. 06 * Sec. 2. AS 43.76 is amended by adding new sections to read: 07 Article 3. Dive Fishery Management Assessment. 08 Sec. 43.76.150. Dive fishery management assessment. (a) A person holding 09 a limited entry permit for dive gear or an interim-use permit for dive gear issued under 10 AS 16.43 shall pay a dive fishery management assessment on fishery resources taken 11 by dive gear that the person removes from the state or transfers to a buyer in the state. 12 The species of fishery resources subject to the assessment and the rate of the 13 assessment, in cents a pound, must be determined by an election under AS 43.76.160. 14 (b) A dive fishery management assessment under (a) of this section may only 15 be levied or collected on a fishery resource in an administrative area if 16 (1) there exists in that administrative area an association determined by 17 the commissioner of fish and game to be a qualified regional dive fishery development 18 association under AS 16.40.240; and 19 (2) the species of fishery resource subject to the dive fishery 20 management assessment and the rate of the dive fishery management assessment is 21 approved by an election under AS 43.76.160. 22 Sec. 43.76.160. Election to approve, amend, or terminate dive fishery 23 management assessment. (a) A qualified regional dive fishery development 24 association may conduct an election under this section after the commissioner of fish 25 and game approves 26 (1) the notice to be published by the qualified regional dive fishery 27 development association; the notice must describe the species of fishery resources 28 subject to the dive fishery management assessment and must include the rate of the 29 dive fishery management assessment, in cents a pound, to be approved, amended, or 30 terminated at the election; 31 (2) the ballot to be used in the election; and
01 (3) the registration and voting procedure for the approval, amendment, 02 or termination of the dive fishery management assessment. 03 (b) The dive fishery management assessment is levied under AS 43.76.150 in 04 an administrative area on the effective date stated on the ballot if 05 (1) the assessment is approved by a majority vote of the eligible 06 interim-use permit and entry permit holders voting in an election held in the 07 administrative area under this section; and 08 (2) the election results are certified by the commissioner of fish and 09 game. 10 (c) In conducting an election under this section, a qualified regional dive 11 fishery development association shall adopt the following procedures: 12 (1) the qualified regional dive fishery development association in the 13 administrative area shall hold at least one public meeting not less than 30 days before 14 the date on which ballots must be postmarked to be counted in the election to explain, 15 as appropriate, the reason for approval or amendment of the proposed dive fishery 16 management assessment, the reason for the proposed rate of the dive fishery 17 management assessment, or the reason for termination of the dive fishery management 18 assessment and to explain the registration and voting procedure to be used in the 19 election; the qualified regional dive fishery development association shall provide 20 notice of the meeting by 21 (A) mailing the notice to each eligible interim-use permit and 22 entry permit holder; 23 (B) posting the notice in at least three public places in the 24 administrative area; and 25 (C) publishing the notice in at least one newspaper of general 26 circulation in the administrative area at least once a week for two consecutive 27 weeks before the meeting; 28 (2) the qualified regional dive fishery development association shall 29 mail two ballots to each eligible interim-use permit and entry permit holder; the first 30 ballot shall be mailed not more than 45 days before the date ballots must be 31 postmarked to be counted in the election; the second ballot shall be mailed not less
01 than 15 days before the date ballots must be postmarked to be counted in the election; 02 the qualified regional dive fishery development association shall adopt procedures to 03 ensure that only one ballot from each eligible interim-use permit and entry permit 04 holder is counted in the election; 05 (3) the ballot must 06 (A) indicate the species of fishery resources subject to the dive 07 fishery management assessment and the rate of the dive fishery management 08 assessment, in cents a pound, to be levied on the fishery resources under 09 AS 43.76.150 if the ballot measure is approved; 10 (B) ask the question whether the dive fishery management 11 assessment on the fishery resources addressed on the ballot shall be approved, 12 amended, or terminated, as appropriate; 13 (C) indicate the boundaries of the administrative area in which 14 the dive fishery management assessment will be levied or terminated; 15 (D) provide an effective date for the approval, amendment, or 16 termination of the dive fishery management assessment; and 17 (E) indicate the date on which returned ballots must be 18 postmarked in order to be counted; 19 (4) the ballots shall be returned by mail and shall be counted by the 20 commissioner of fish and game or by a person approved by the commissioner of fish 21 and game. 22 (d) The commissioner of fish and game shall certify the results of an election 23 under this section if the commissioner determines that the requirements of (a) and (c) 24 of this section have been satisfied. 25 (e) A qualified regional dive fishery development association may employ or 26 contract with another person to administer an election under this section subject to the 27 supervision of the association. 28 (f) Except as otherwise provided under AS 43.76.170 and 43.76.180, an 29 election to amend the rate of a dive fishery management assessment or to terminate 30 a dive fishery management assessment shall be conducted under the same procedures 31 established under (a), (c), and (d) of this section for an election to approve a dive
01 fishery management assessment. 02 (g) In this section, "eligible interim-use permit and entry permit holder" means 03 an individual who, 90 days before the date ballots must be postmarked to be counted 04 in an election under this section, is listed in the records of the Alaska Commercial 05 Fisheries Entry Commission as the legal holder of an interim-use permit for dive gear 06 or an entry permit for dive gear that authorizes the individual to fish commercially in 07 the administrative area for the species of fishery resource for which the dive fishery 08 management assessment is to be approved, amended, or terminated. 09 Sec. 43.76.170. Amendment of dive fishery management assessment. (a) 10 The rate of the dive fishery management assessment levied on a species of fishery 11 resources under AS 43.76.150 may be amended by the commissioner of revenue upon 12 majority vote at an election held under AS 43.76.160 in the administrative area in 13 which the dive fishery management assessment is levied. 14 (b) The commissioner of revenue shall amend the rate of a dive fishery 15 management assessment under (a) of this section following an election in an 16 administrative area if 17 (1) a petition, that is signed by at least 25 percent of the number of 18 persons who voted under AS 43.76.160 in the election approving the dive fishery 19 management assessment on the fishery resource in the administrative area, is presented 20 to the commissioner of fish and game requesting amendment of the rate of the dive 21 fishery management assessment on a species of fishery resources; the petition must 22 state the proposed rate, in cents a pound, of the dive fishery management assessment; 23 only a person who would be eligible to vote in an election to amend the rate of the 24 assessment may validly sign the petition; 25 (2) an election is held in accordance with AS 43.76.160; the ballot must 26 ask the question whether the dive fishery management assessment on a species of 27 fishery resources taken in the administrative area shall be amended and must state the 28 rate of the dive fishery management assessment on the species of fishery resources that 29 would take effect if the assessment is amended; the ballot must be worded so that a 30 "yes" vote is for amendment of the dive fishery management assessment and a "no" 31 vote is for continuation of the current dive fishery management assessment;
01 (3) a majority of the eligible interim-use permit and entry permit 02 holders who vote in the election cast a ballot for the amendment of the dive fishery 03 management assessment; in this paragraph, "eligible interim-use permit and entry 04 permit holders" has the meaning given in AS 43.76.160; and 05 (4) the qualified regional dive fishery development association provides 06 notice of the election in accordance with AS 43.76.160 within two months after 07 receiving notice from the commissioner of fish and game that a valid petition under 08 (1) of this subsection has been received. 09 Sec. 43.76.180. Termination of dive fishery management assessment. (a) 10 The dive fishery management assessment levied on a species of fishery resources under 11 AS 43.76.150 may be terminated by the commissioner of revenue upon majority vote 12 at an election held under AS 43.76.160 in the administrative area in which the dive 13 fishery management assessment is levied. 14 (b) The commissioner of revenue shall terminate a dive fishery management 15 assessment under (a) of this section following an election in an administrative area if 16 (1) a petition, that is signed by at least 25 percent of the number of 17 persons who voted under AS 43.76.160 in the election approving the dive fishery 18 management assessment on the fishery resource in the administrative area, is presented 19 to the commissioner of fish and game requesting termination of the dive fishery 20 management assessment on a species of fishery resources; only a person who would 21 be eligible to vote in an election to repeal the assessment may validly sign the petition; 22 (2) an election is held in accordance with AS 43.76.160; the ballot must 23 ask the question whether the dive fishery management assessment on a species of 24 fishery resources taken in the administrative area shall be terminated; the ballot must 25 be worded so that a "yes" vote is for continuation of the dive fishery management 26 assessment and a "no" vote is for termination of the dive fishery management 27 assessment; 28 (3) a majority of the eligible interim-use permit and entry permit 29 holders who vote in the election cast a ballot for the termination of the dive fishery 30 management assessment; in this paragraph, "eligible interim-use permit and entry 31 permit holders" has the meaning given in AS 43.76.160; and
01 (4) the qualified regional dive fishery development association provides 02 notice of the election in accordance with AS 43.76.160 within two months after 03 receiving notice from the commissioner of fish and game that a valid petition under 04 (1) of this subsection has been received. 05 Sec. 43.76.190. Collection of assessment. (a) A buyer who acquires a fishery 06 resource that is subject to a dive fishery management assessment levied under 07 AS 43.76.150 shall collect the dive fishery management assessment at the time of 08 purchase and shall remit the total dive fishery management assessment collected during 09 each month to the Department of Revenue by the last day of the next month. 10 (b) A buyer who collects the dive fishery management assessment shall 11 maintain records of the number of pounds of each species of fishery resources that is 12 subject to an assessment that is purchased in each administrative area of the state. 13 (c) The owner of fishery resources removed from the state is liable for 14 payment of the dive fishery management assessment imposed by AS 43.76.150 if, at 15 the time the fishery resource is removed from the state, the assessment payable on the 16 fishery resource has not been collected by a buyer. If the owner of the fishery 17 resource is liable for payment of the dive fishery management assessment under this 18 subsection, the owner shall comply with the requirements under (a) and (b) of this 19 section to remit the assessment to the Department of Revenue and to maintain records. 20 (d) The dive fishery management assessment collected under this section shall 21 be deposited in the general fund. 22 Sec. 43.76.200. Funding for qualified regional dive fishery development 23 associations. (a) The legislature may make appropriations of revenue collected under 24 AS 43.76.190 to the Department of Fish and Game for funding of the qualified 25 regional dive fishery development association in the administrative area in which the 26 assessment was collected. Funds received under this section by a qualified regional 27 dive fishery development association may be expended for the costs of cooperative 28 management, research, and planning for dive fisheries and of administration of the 29 association. 30 (b) A qualified regional dive fishery development association receiving funding 31 under this section shall develop an annual operating plan with the cooperation of the
01 Department of Fish and Game on or before a date specified by the Department of Fish 02 and Game. The Department of Fish and Game shall cooperate with a qualified 03 regional dive fishery development association in the development of an annual 04 operating plan. The annual operating plan must describe the activities for which the 05 funding will be expended, including identification of species and areas for which 06 bioassessment surveys will be conducted and a description of management and 07 research activities to be performed by the qualified regional dive fishery development 08 association and the Department of Fish and Game. Funds appropriated to the 09 Department of Fish and Game for funding of qualified regional dive fishery 10 development associations may not be disbursed by the department or expended by the 11 association, except for administration of the association, unless the annual operating 12 plan has been approved by the association and the Department of Fish and Game. If 13 an annual operating plan has not been approved by the association and the Department 14 of Fish and Game, the Department of Fish and Game may not disburse and the 15 association may not expend funds received from the department for administration of 16 the association in an amount that exceeds the amount of administrative expenses 17 authorized under the annual operating plan for the prior fiscal year. 18 (c) A qualified regional dive fishery development association receiving funding 19 under this section shall submit an annual financial report to the Department of Fish and 20 Game on a form provided by the Department of Fish and Game. The Department of 21 Fish and Game may, by regulation, require that a qualified regional dive fishery 22 development association use a uniform system of accounting and may audit the use of 23 funding received under this section by the association. 24 (d) This section does not establish a dedication of a state tax or license. 25 (e) This section does not restrict or qualify the authority of the Department of 26 Fish and Game or the Board of Fisheries under AS 16. 27 Sec. 43.76.210. Definitions. In AS 43.76.150 - 43.76.210, 28 (1) "administrative area" means an area established by the Alaska 29 Commercial Fisheries Entry Commission under AS 16.43.200 for regulating and 30 controlling entry into fisheries using dive gear; 31 (2) "buyer" means a person who acquires possession of a fishery
01 resource from the person who caught the fishery resource, regardless of whether there 02 is an actual sale of the fishery resource, but does not include a person engaged solely 03 in interstate transportation of goods for hire; 04 (3) "fishery resource" means fish, shellfish, or marine invertebrates 05 taken or landed under the authority of a limited entry permit or interim-use permit 06 issued under AS 16.43 for dive gear; 07 (4) "qualified regional dive fishery development association" means an 08 association that is qualified under AS 16.40.240. 09 * Sec. 3. This Act takes effect immediately under AS 01.10.070(c).