CSHB 318(FSH): "An Act relating to waste of salmon."
00CS FOR HOUSE BILL NO. 318(FSH) 01 "An Act relating to waste of salmon." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. INTENT. It is the intent of this legislation that the stripping of salmon roe 04 for cost recovery purposes by hatcheries is prohibited. The only exception is the selling of 05 roe from broodstock, commonly referred to as excessive broodstock, which has returned in 06 numbers larger than anticipated by the hatchery and the Department of Fish and Game, and 07 is not fit for human consumption. The roe of that excessive broodstock may be stripped and 08 sold after the hatchery has obtained a permit from the department for that exclusive purpose. 09 * Sec. 2. AS 16.05.831 is repealed and reenacted to read: 10 Sec. 16.05.831. Waste of salmon. (a) A person may not intentionally, 11 knowingly, or with reckless disregard for the consequences waste salmon. 12 (b) A person who violates this section is guilty of a class A misdemeanor. In 13 addition, a person who violates this section is subject to a civil action by the state for 14 the cost of replacing the salmon wasted.
01 (c) In this section, 02 (1) "flesh" means all muscular body tissue surrounding the skeleton; 03 "flesh" does not include skeleton, skin, internal organs, or sex parts; 04 (2) "waste" means the failure to use, sell, barter, or gift the majority 05 of the flesh of salmon for human food, reduction to meal or fertilizer, production of 06 food for domestic animals or fish, bait, or scientific, display, or educational purposes; 07 "waste" does not include normal, inadvertent loss of flesh associated with processing 08 that cannot be prevented by practical means. 09 * Sec. 3. AS 16.10.450 is amended by adding new subsections to read: 10 (c) Except as provided by (d) and (e) of this section, a hatchery operator is 11 subject to AS 16.05.831. 12 (d) Notwithstanding AS 16.05.831, a hatchery operator who takes eggs or 13 sperm for use in a hatchery or a related salmon culture facility from adult salmon 14 returning to the locations designated by the department under AS 16.10.420 shall 15 provide for the utilization of the flesh of the salmon from which eggs or sperm are 16 taken unless the hatchery operator determines that the flesh is not fit for human 17 consumption and that it is not economical to provide for utilization of the flesh. 18 (e) Notwithstanding AS 16.05.831, if the commissioner issues a permit 19 authorizing the stripping and commercial sale of eggs from adult salmon taken at 20 locations designated by the department under AS 16.10.420, a hatchery operator may 21 strip eggs from the salmon for commercial sale and dispose of the flesh of the salmon 22 in accordance with procedures prescribed by the commissioner in the permit. The 23 commissioner may issue a permit authorizing the stripping of eggs from salmon and 24 disposal of the salmon carcasses by a hatchery operator if the commissioner determines 25 that sufficient salmon eggs will be recovered to continue operation of the hatchery and 26 related salmon culture facilities and to provide salmon eggs to other hatcheries, that 27 the flesh of the salmon carcasses is not fit for human consumption, and that it is not 28 economically feasible to use the flesh of the salmon in a manner consistent with 29 AS 16.05.831. The fee for a permit issued under this subsection is equal to 50 percent 30 of the net proceeds earned from the sale of the salmon eggs to a seafood processor or 31 other purchaser. The commissioner shall adopt regulations as necessary to implement
01 this subsection and shall seek to promote the maximum practical use of the flesh of 02 salmon harvested by hatchery operators. Permit fees collected under this subsection 03 shall be deposited into the general fund. The legislature may appropriate money 04 collected under this subsection to the Department of Fish and Game, division of 05 commercial fisheries management and development.