HB 237: "An Act relating to a vessel-based commercial fisheries limited entry system; relating to management of offshore fisheries; relating to loans for the purchase of vessel entry permits; and providing for an effective date."
00HOUSE BILL NO. 237 01 "An Act relating to a vessel-based commercial fisheries limited entry system; 02 relating to management of offshore fisheries; relating to loans for the purchase 03 of vessel entry permits; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. FINDINGS. The legislature finds that 06 (1) the conventional commercial fisheries limited entry system, which limits 07 the entry of natural persons into a fishery, may not adequately protect the economic health and 08 stability of certain fisheries in this state; 09 (2) a system that limits the number of vessels that may engage in a fishery 10 may be necessary to regulate certain existing, developing, or future fisheries in order to 11 promote the conservation and sustained yield management of Alaska's fishery resource and 12 the economic health and stability of commercial fishing in this state; 13 (3) a vessel-based limited entry system that eliminates the windfall to persons 14 and entities who are the recipients of the initial vessel permits for a fishery by restricting the
01 transferability of vessel permits will ensure maximum benefits to the State of Alaska and its 02 residents; 03 (4) the existing moratorium on entry of new vessels into the Bering Sea 04 Korean hair crab fishery (AS 16.43.901) expires on June 30, 2000, and the existing vessel 05 moratorium for the weathervane scallop fisheries in state waters (AS 16.43.906) expires on 06 June 30, 2001; 07 (5) the United States Department of Commerce has taken action to restrict 08 access to groundfish, crab, and scallop fisheries in the waters of the United States exclusive 09 economic zone adjacent to the state water of Alaska using a vessel-based limited entry system; 10 (6) a vessel-based limited entry system may be necessary to facilitate state 11 management of fisheries that overlap with federally managed fisheries in the United States 12 exclusive economic zone, especially for fisheries under a federal limited entry system; and 13 (7) a vessel-based limited entry system may be necessary to achieve compatible 14 state and federal management and enforcement of fisheries. 15 * Sec. 2. AS 16.43 is amended by adding new sections to read: 16 Article 6A. Vessel Permit System. 17 Sec. 16.43.450. Vessel permit system. (a) The commission may establish a 18 vessel permit system for a fishery if the commission determines 19 (1) that the regulation of entry into the fishery is necessary to achieve 20 the purposes of this chapter; 21 (2) that a vessel permit system would achieve the purposes of this 22 chapter; and 23 (3) that 24 (A) limiting the number of participants in the fishery under 25 AS 16.43.140 - 16.43.330 would not achieve the purposes of this chapter; or 26 (B) regulating the number of vessels in the fishery would 27 facilitate state management of a fishery that occurs in the United States 28 exclusive economic zone or both the United States exclusive economic zone 29 and state water; in making a determination under this subparagraph, the 30 commission shall consider relevant provisions of the federal fishery 31 management program for the fishery.
01 (b) For a fishery in which the federal government has delegated management 02 authority in the United States exclusive economic zone to the state, the commission 03 may, to the extent consistent with this chapter, adopt regulations to ensure that the 04 vessel permit system complies with applicable federal laws. 05 (c) If the commission establishes a vessel permit system for a fishery that 06 involves more than one fishery resource, type of gear, or administrative area, the 07 commission may limit, as the commission determines appropriate, the fishery resources 08 that may be harvested under the vessel permit, the types of gear that may be used 09 under the vessel permit, or the areas where fishing may occur under the vessel permit. 10 The commission shall adopt criteria, as appropriate, for determining 11 (1) how restrictions on fishery resources, types of gear, and areas fished 12 are established for individual vessel interim-use permits and vessel entry permits; and 13 (2) how eligibility to take a particular fishery resource, to use a 14 particular type of gear, or to fish in a particular area is established. 15 (d) The commission may, after consultation with the Department of Fish and 16 Game, regulate the fishing capacity or effort authorized under a vessel permit if the 17 commission finds that limitations on fishing capacity or effort are necessary to achieve 18 the purposes of this chapter. The commission shall adopt criteria, as appropriate, for 19 measuring the fishing capacity or effort of a vessel and for determining how 20 restrictions on vessel fishing capacity or effort are established for individual vessels 21 under a vessel permit. The criteria may be based on past participation. 22 (e) The commission may adopt restrictions on fishing capacity and effort, 23 fishery resources taken, types of gear used, and areas fished under a vessel permit at 24 the time of initial issuance of vessel permits or at a later time. 25 (f) The commission shall adopt regulations limiting the number of vessel 26 permits that may be held by a permit holder or group of related permit holders if the 27 commission finds that the concentration of ownership of vessels in a fishery is contrary 28 to the purposes of this chapter. 29 Sec. 16.43.460. Initial issuance of vessel permits. (a) For each fishery in 30 which the commission establishes a vessel permit system, the commission shall 31 establish qualifications, including the qualification date and the eligibility period, for
01 vessel entry permits. 02 (b) Pending the issuance of vessel entry permits for a fishery for which the 03 commission has established a vessel permit system, the commission shall issue a 04 provisional vessel permit to a person or entity for each vessel that the commission 05 finds is potentially eligible to receive a vessel entry permit. A provisional vessel 06 permit is renewable from year to year. Once the commission has made a final 07 determination that the vessel is or is not eligible for a vessel entry permit, the 08 provisional vessel permit expires at the end of the annual period for which the permit 09 was issued and may not be renewed. If the commission determines that a vessel is 10 eligible for a vessel entry permit, the commission shall issue a vessel entry permit for 11 the vessel that is valid upon the expiration of the provisional vessel permit. 12 (c) The commission shall adopt regulations regarding the substitution of 13 another vessel by the applicant for a vessel permit if the vessel used to establish 14 eligibility for a vessel entry permit or a provisional vessel permit is lost before the 15 initial issuance of a permit for the vessel. 16 Sec. 16.43.470. Holders of vessel permits. (a) The commission may issue 17 a vessel entry permit or a provisional vessel permit to a person or entity who has a 18 legal ownership interest in the vessel identified on the permit. 19 (b) The commission shall adopt regulations for determining which person or 20 entity shall receive a vessel permit for a vessel if the vessel was owned by more than 21 one legal owner during the period established by the commission to determine 22 eligibility for the vessel permit. 23 (c) If the commission establishes a vessel permit system under AS 16.43.450 - 24 16.43.530 for a fishery that is subject to a moratorium on entry of new vessels under 25 AS 16.43.901 or 16.43.906, the commission may incorporate some or all of the vessel 26 eligibility criteria established for the moratorium into the eligibility criteria for vessel 27 permits issued under the vessel permit system. 28 (d) The permit holder shall post a vessel permit in a prominent location on the 29 vessel identified on the permit so that the permit is readily available for inspection 30 while the vessel is operating in the fishery for which the permit is issued. 31 Sec. 16.43.480. Optimum number range of vessel permits. (a) If, after the
01 initial issuance of vessel entry permits for a fishery, the commission determines that 02 a long-term biological or economic change has occurred in the fishery, the 03 commission, in consultation with the Department of Fish and Game, shall establish the 04 optimum number range of vessel entry permits for the fishery. 05 (b) In determining the optimum number range of vessel entry permits, the 06 commission shall seek to facilitate sound management of the fishery and to promote 07 (1) the economic health and stability of the fishery; 08 (2) broad access to the fishery; 09 (3) conservation of the resource; and 10 (4) quality seafood products and to discourage waste of harvested fish. 11 (c) The commission may increase or decrease the optimum number range of 12 vessel entry permits for a fishery if the commission finds that an established long-term 13 change in the biological or economic condition of the fishery has occurred and that the 14 number of vessel entry permits that are necessary to achieve the goals set out in (b) 15 of this section has substantially changed. 16 (d) If the optimum number range of vessel entry permits is less than the 17 number of outstanding vessel permits for the fishery, the commission may adopt 18 regulations to allow the voluntary consolidation of vessel entry permits by permit 19 holders. The commission may investigate procedures to permanently reduce the 20 number of vessel permits issued for a fishery to within the optimum number range. 21 (e) If the optimum number range of vessel entry permits is greater than the 22 number of permits authorized for the fishery, the commission shall issue additional 23 vessel entry permits for vessels presently able to actively engage in the fishery until 24 the number of vessel entry permits is consistent with the optimum number range for 25 the fishery. The commission shall obtain fair market value for vessel entry permits 26 issued under this subsection. 27 Sec. 16.43.490. Reversion of vessel entry permits. (a) If the commission 28 determines that the person or entity to whom a vessel entry permit is originally issued 29 under AS 16.43.450 or 16.43.480(e) no longer has a legal ownership interest in the 30 vessel for which the permit is issued, the vessel entry permit reverts by law to the 31 commission.
01 (b) The commission shall reissue vessel entry permits that have reverted to the 02 commission under (a) of this section or that have been forfeited to the commission 03 under AS 16.43.510(c) to a vessel that is able to actually engage in the fishery. The 04 commission shall obtain the fair market value for the vessel entry permit. 05 (c) Notwithstanding (b) of this section, the commission may not reissue a 06 vessel entry permit that has reverted to the commission or that has been forfeited to 07 the commission if the commission has determined under AS 16.43.480(d) that the 08 optimum number range for the fishery is less than the number of outstanding vessel 09 entry permits for the fishery. 10 Sec. 16.43.500. Substitution of vessels. (a) The commission may adopt 11 regulations providing for the permanent or temporary substitution, after the initial 12 issuance of vessel permits, of another vessel for the vessel that is identified on a vessel 13 permit. A permit holder must have a legal ownership interest in the vessel that is 14 permanently substituted for the vessel identified on the permit. Upon the approval of 15 a permanent substitution of a vessel, the commission shall issue a new vessel permit 16 for the substituted vessel. The commission may require that the permit holder have 17 an ownership interest in a temporarily substituted vessel. 18 (b) A substituted vessel and the operation of the substituted vessel are subject 19 to all terms and conditions attached to the vessel permit at the time that the vessel 20 permit is transferred from the original vessel to the substituted vessel. 21 Sec. 16.43.510. Renewal of vessel permits. (a) A vessel entry permit or 22 provisional vessel permit is issued for one year and must be renewed annually. 23 (b) A vessel entry permit or provisional vessel permit may not be renewed 24 until the fees for each preceding year during which the permit has not been renewed 25 are paid. 26 (c) Failure to renew a vessel entry permit or a provisional vessel permit for 27 two consecutive years from the year of last renewal results in a forfeiture of the permit 28 unless the forfeiture is waived by the commission for good cause. If an administrative 29 closure of a fishery occurs for an entire season, the commission may not count the 30 season toward the two-year period. 31 Sec. 16.43.520. Vessel permit fees. (a) The commission shall establish fees
01 for the issuance and annual renewal of vessel entry permits and provisional vessel 02 permits. Annual fees established under this subsection may not exceed $2,500 and 03 shall reasonably reflect the rate of economic return for the fishery. 04 (b) The commission shall waive the payment of annual vessel permit fees for 05 a fishery in which there was an administrative closure for the entire season. 06 (c) Subject to AS 37.10.050(a), the commission may establish fees for 07 processing applications for vessel permits and for permanent and temporary 08 substitution of vessels. 09 (d) The commission may charge interest at a rate not to exceed the legal rate 10 of interest established in AS 45.45.010(a) on fees established under this section that 11 are more than 60 days overdue. 12 Sec. 16.43.530. General vessel permit provisions. (a) A person may not 13 operate a vessel or use a vessel to take fish in a commercial fishery for which a vessel 14 permit is required unless the appropriate vessel permit has been issued for the vessel 15 and is posted in a prominent location on the vessel. 16 (b) The operator of a vessel for which a vessel permit has been issued shall 17 comply with the terms of the vessel permit while the vessel is operated in the fishery 18 for which the permit is issued. 19 (c) A vessel entry permit and a provisional vessel permit constitute a use 20 privilege that may be modified or revoked by order of the commission or by law 21 without compensation. 22 (d) AS 16.43.450 - 16.43.530 do not alter the requirement for an interim-use 23 permit or entry permit under AS 16.43.140 or a vessel license under AS 16.05.490 - 24 16.05.530. 25 (e) Nothing in AS 16.43.450 - 16.43.530 limits the powers of the Board of 26 Fisheries or the Department of Fish and Game. 27 (f) Notwithstanding AS 16.05.815 and AS 16.43.975, the commission may 28 release to the owner of a vessel information on the vessel's history of harvests in a 29 fishery that is necessary to apply for a vessel permit under AS 16.43.450 - 16.43.530. 30 * Sec. 3. AS 16.05.735 is amended to read: 31 Sec. 16.05.735. Management of offshore fisheries. The state may assume
01 management of a fishery [THE SCALLOP FISHERIES] in offshore water adjacent to 02 the state in the absence of a federal fishery management plan for the fishery 03 [SCALLOPS] or in the event that a federal fishery management plan for the fishery 04 [SCALLOPS] delegates authority to the state to manage the fishery [SCALLOP 05 FISHERIES] in the United States exclusive economic zone. 06 * Sec. 4. AS 16.10.310(a) is amended to read: 07 (a) The department may 08 (1) make loans 09 (A) to individual commercial fishermen who have been state 10 residents for a continuous period of two years immediately preceding the date 11 of application for a loan under AS 16.10.300 - 16.10.370 and have had a 12 crewmember or commercial fishing license under AS 16.05.480 or a permit 13 under AS 16.43 for the year immediately preceding the date of application and 14 any other two of the past five years, and who actively participated in the 15 fishery during those periods, 16 (i) for the purchase of entry permits or vessel entry 17 permits ; or 18 (ii) to upgrade existing vessels and gear for the purpose 19 of improving the quality of Alaska seafood products; 20 (B) to an individual for the repair, restoration, or upgrading of 21 existing vessels and gear, for the purchase of entry permits and gear, for the 22 purchase of vessel entry permits, and for the construction and purchase of 23 vessels, if the individual has been a state resident for a continuous period of 24 two years immediately preceding the date of application for a loan under 25 AS 16.10.300 - 16.10.370, and either 26 (i) because of lack of training or lack of employment 27 opportunities in the area of residence, does not have occupational 28 opportunities available other than commercial fishing; or 29 (ii) is economically dependent on commercial fishing for 30 a livelihood and for whom commercial fishing has been a traditional 31 way of life in Alaska;
01 (C) for the purchase of quota shares for fisheries in or off the 02 state by individual commercial fishermen who 03 (i) have been state residents for a continuous period of 04 two years immediately preceding the date of application for a loan 05 under AS 16.10.300 - 16.10.370; 06 (ii) for any two of the past five years, possessed a 07 crewmember or commercial fishing license under AS 16.05.480 or a 08 permit under AS 16.43 and actively participated in a fishery for which 09 the license or permit was issued; 10 (iii) qualify as a transferee for quota shares under 11 applicable law; and 12 (iv) are not eligible for financing from other recognized 13 commercial lending institutions to purchase quota shares; 14 (2) designate agents and delegate its powers to them as necessary; 15 (3) adopt regulations necessary to carry out the provisions of 16 AS 16.10.300 - 16.10.370, including regulations to establish reasonable fees for 17 services provided; 18 (4) establish amortization plans for repayment of loans, which may 19 include extensions for poor fishing seasons or for adverse market conditions for 20 Alaska [ALASKAN] products; 21 (5) enter into agreements with private lending institutions, other state 22 agencies, or agencies of the federal government, to carry out the purposes of 23 AS 16.10.300 - 16.10.370; 24 (6) enter into agreements with other agencies or organizations to create 25 an outreach program to make loans under AS 16.10.300 - 16.10.370 in rural areas of 26 the state; 27 (7) allow an assumption of a loan if 28 (A) the applicant has been a state resident for a continuous 29 period of two years immediately preceding the date of the request for an 30 assumption; and 31 (B) approval of the assumption would be consistent with the
01 purposes of AS 16.10.300; an applicant for a loan assumption may not be 02 disqualified because the applicant does not meet the loan eligibility 03 requirements of (1) of this subsection; 04 (8) prequalify loan applicants for a limited entry permit loan , vessel 05 entry permit loan, or a quota shares loan and charge a fee not to exceed $200 for 06 prequalification; 07 (9) charge and collect the fees established under this subsection; 08 (10) refinance a debt obligation incurred by a borrower or borrowers 09 under this section if the borrower or borrowers otherwise qualify for a loan under 10 AS 16.10.300 - 16.10.370; the department shall collect a refinancing loan origination 11 charge of one-half percent of the amount of the debt obligation that has been 12 refinanced when the first refinancing payment is due; 13 (11) refinance debt obligations, not to exceed $300,000, incurred by a 14 borrower or borrowers for the purchase of a commercial fishing vessel or gear if the 15 borrower or borrowers otherwise qualify for a loan under AS 16.10.300 - 16.10.370; 16 the department may collect a refinancing loan origination charge as provided by 17 regulation. 18 * Sec. 5. AS 16.10.325 is amended to read: 19 Sec. 16.10.325. Guarantors. A person may act as guarantor if the borrower 20 has insufficient collateral to secure a loan for the purposes described in 21 AS 16.10.310(a)(1)(B) or (C). The loan agreement shall specifically describe the 22 property of the guarantor to be used as collateral by the borrower and shall be signed 23 by the guarantor and the borrower. The department shall provide the guarantor with 24 a copy of all notices sent to the borrower by the department. If the loan is for the 25 purchase of an entry permit , vessel entry permit, or quota shares, the guaranty by the 26 guarantor may not constitute a lien, mortgage, or encumbrance on or pledge of the 27 entry permit , vessel entry permit, or quota shares. 28 * Sec. 6. AS 16.43.010(a) is amended to read: 29 (a) It is the purpose of this chapter to promote the conservation and the 30 sustained yield management of Alaska's fishery resource and the economic health and 31 stability of commercial fishing in Alaska by regulating and controlling entry of
01 participants and vessels into the commercial fisheries in the public interest and 02 without unjust discrimination. 03 * Sec. 7. AS 16.43.100(a) is amended to read: 04 (a) To accomplish the purposes set out in AS 16.43.010, the commission shall 05 (1) regulate entry into the commercial fisheries for all fishery resources 06 in the state; 07 (2) establish priorities for the application of the provisions of this 08 chapter to the various commercial fisheries of the state; 09 (3) establish administrative areas suitable for regulating and controlling 10 entry into the commercial fisheries; 11 (4) establish, for all types of gear, the maximum number of entry 12 permits for each administrative area; 13 (5) designate, when necessary to accomplish the purposes of this 14 chapter, particular species for which separate interim-use permits or entry permits will 15 be issued; 16 (6) establish qualifications for the issuance of entry permits; 17 (7) issue entry permits to qualified applicants; 18 (8) issue interim-use permits as provided in AS 16.43.210, 16.43.220, 19 and 16.43.225; 20 (9) establish, for all types of gear, the optimum number of entry 21 permits for each administrative area; 22 (10) administer the buy-back program provided for in AS 16.43.310 23 and 16.43.320 to reduce the number of outstanding entry permits to the optimum 24 number of entry permits; 25 (11) provide for the transfer and reissuance of entry permits to qualified 26 transferees; 27 (12) provide for the transfer and reissuance of entry permits for 28 alternative types of legal gear, in a manner consistent with the purposes of this chapter; 29 (13) administer the collection of the annual fees provided for in 30 AS 16.43.160; 31 (14) administer the issuance of commercial fishing vessel licenses under
01 AS 16.05.490; 02 (15) issue educational entry permits to applicants who qualify under the 03 provisions of AS 16.43.340 - 16.43.390; 04 (16) establish reasonable user fees for services; 05 (17) issue landing permits under AS 16.05.675 and regulations adopted 06 under that section; 07 (18) establish and collect annual fees for the issuance of landing 08 permits that reasonably reflect the costs incurred in the administration and enforcement 09 of provisions of law related to landing permits; [AND] 10 (19) establish a moratorium on entry into commercial fisheries as 11 provided in AS 16.43.225 ; and 12 (20) administer the vessel permit system authorized under 13 AS 16.43.450 - 16.43.530 . 14 * Sec. 8. AS 16.43.240(b) is amended to read: 15 (b) When the commission finds that a fishery, not designated as a distressed 16 fishery under AS 16.43.230 or not subject to a moratorium under AS 16.43.225, has 17 reached levels of participation that require the limitation of entry under AS 16.43.140 18 - 16.43.330 in order to achieve the purposes of this chapter, the commission shall 19 establish the maximum number of entry permits for that fishery. 20 * Sec. 9. AS 16.43.240(c) is amended to read: 21 (c) When the commission finds that a fishery subject to a moratorium under 22 AS 16.43.225 has reached levels of participation that require the limitation of entry 23 under AS 16.43.140 - 16.43.330 in order to achieve the purposes of this chapter, the 24 commission shall establish the maximum number of entry permits for that fishery. 25 * Sec. 10. AS 16.43.960(a) is amended to read: 26 (a) The commission may revoke, suspend, or transfer all entry or interim-use 27 permits , vessel entry permits, or provisional vessel permits held by a person or 28 entity who knowingly provides or assists in providing false information, or fails to 29 correct false information provided to the commission for the purpose of obtaining a 30 benefit for self or another, including the issuance, renewal, duplication, or transfer of 31 an entry or interim-use permit , [OR] vessel license , or vessel permit . The commission
01 may suspend , as appropriate, that person's or entity's eligibility to hold an entry or 02 interim-use permit , vessel entry permit, or provisional vessel permit for a period not 03 to exceed three years, and may impose an administrative fine of not more than $5,000 04 on the person or [. THE COMMISSION MAY ALSO IMPOSE AN 05 ADMINISTRATIVE FINE OF NOT MORE THAN $5,000] on an entity whose 06 officers, employees, representatives, or agents knowingly provide or assist in providing 07 false information, or fail to correct false information provided, to the commission for 08 the purpose of obtaining a benefit. 09 * Sec. 11. AS 16.43.970(a) is amended to read: 10 (a) A person who violates a provision of this chapter or a regulation adopted 11 under this chapter or an entity that violates a provision of AS 16.43.450 - 16.43.530 12 or a regulation adopted under AS 16.43.450 - 16.43.530 is, upon conviction, guilty 13 of a class B misdemeanor and is punishable by a fine of not more than $5,000 for a 14 first conviction, and a fine of not more than $10,000 for a second or third conviction. 15 Upon a first or second conviction under this subsection, the court may in its discretion 16 also order the commission to suspend the commercial fishing privileges of the person 17 or entity for a period of not more than three years and to revoke one or more or all 18 commercial fishing permits held by the person or entity . Upon a third or subsequent 19 conviction under this subsection, the person or entity is also subject to a loss of 20 commercial fishing privileges as provided under (i) of this section. This subsection 21 does not apply to violations of AS 16.43.140(a). 22 * Sec. 12. AS 16.43.970(b) is amended to read: 23 (b) A person or entity who knowingly makes a false statement to the 24 commission for the purpose of obtaining a benefit, including the issuance, renewal, 25 duplication, or transfer of an entry or interim-use permit , [OR] vessel license , or vessel 26 permit, or a person who assists another by knowingly making a false statement to the 27 commission for the purpose of obtaining a benefit for another, is guilty of the crime 28 of unsworn falsification as set out in AS 11.56.210. Upon conviction, the person or 29 entity is also subject to suspension of commercial fishing privileges and revocation of 30 commercial fishing permits under (i) of this section. 31 * Sec. 13. AS 16.43.970(f) is amended to read:
01 (f) A commercial fishing entry permit revoked under this section that is 02 pledged as security for a loan under AS 16.10.333, or 16.10.338, or AS 44.81.231 shall 03 be reassigned as provided in AS 16.10.337 or AS 44.81.250. 04 * Sec. 14. AS 16.43.970(i) is amended to read: 05 (i) Upon the conviction of a person or entity for an offense described under 06 (a), (b), or (g) of this section, the court shall immediately notify the commission of the 07 conviction. The notice provided by the court shall be accompanied by an order 08 suspending commercial fishing privileges and revoking commercial fishing permits 09 under (a) of this section, as appropriate. The commission shall, upon receipt of 10 (1) an order from the court under (a) of this section, suspend the 11 commercial fishing privileges of a person or entity for the period set by the court and 12 revoke commercial fishing permits held by the person or entity as directed by the 13 court; 14 (2) a notice from the court that a person or entity has been convicted 15 of a third or subsequent violation of (a) of this section, suspend all commercial fishing 16 privileges of the person or entity for a period of three years from the date of 17 conviction and revoke all commercial fishing permits held by the person or entity ; 18 (3) a notice from the court that a person or entity has been convicted 19 of a violation described under (b) of this section, suspend all commercial fishing 20 privileges of the person or entity for a period of three years from the date of 21 conviction and revoke all commercial fishing permits held by the person or entity ; 22 (4) a notice from the court that a person has been convicted of a 23 violation described under (g)(1) of this section, suspend all commercial fishing 24 privileges of the person for a period of one year from the date of conviction; 25 (5) a notice from the court that a person has been convicted of a 26 violation described under (g)(2) of this section, suspend all commercial fishing 27 privileges of the person for a period of two years from the date of conviction; 28 (6) a notice from the court that a person has been convicted of a 29 violation described under (g)(3) of this section, suspend all commercial fishing 30 privileges of the person for a period of five years from the date of conviction. 31 * Sec. 15. AS 16.43.970(j)(1) is amended to read:
01 (1) "commercial fishing permit" means an entry permit , [OR] an 02 interim-use permit , or a vessel permit issued under this chapter; 03 * Sec. 16. AS 16.43.970(j) is amended by adding a new paragraph to read: 04 (3) "vessel permit" means a vessel entry permit or a provisional vessel 05 permit issued under AS 16.43.450 - 16.43.530. 06 * Sec. 17. AS 16.43.980(a) is amended to read: 07 (a) The commission shall prepare an annual report and notify the legislature 08 that it is available. The report must [SHALL] include but not be limited to the 09 following: 10 (1) a progress report on the reduction of entry permits to optimum 11 levels; 12 (2) recommendations for additional legislation relating to the regulation 13 of entry of participants and vessels into Alaska commercial fisheries. 14 * Sec. 18. AS 16.43.990 is amended by adding a new paragraph to read: 15 (10) "entity" means a corporation, company, partnership, firm, 16 association, organization, joint venture, business trust, society, or other legal entity 17 other than a natural person. 18 * Sec. 19. REGULATIONS. The Alaska Commercial Fisheries Entry Commission may 19 adopt regulations under AS 44.62 (Administrative Procedure Act) that the commission finds 20 necessary to implement this Act. The regulations may not take effect before January 1, 2001. 21 * Sec. 20. Section 19 of this Act takes effect immediately under AS 01.10.070(c). 22 * Sec. 21. Except as provided in sec. 20 of this Act, this Act takes effect January 1, 2001.