CSHB 194(FIN): "An Act relating to fees for commercial fishing licenses and permits; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 194(FIN) 01 "An Act relating to fees for commercial fishing licenses and permits; and providing for 02 an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 16.05.480(a) is repealed and reenacted to read: 05 (a) A person engaged in commercial fishing shall obtain a commercial fishing 06 license and shall retain the license in possession and readily available for inspection 07 during fishing operations. An entry permit or interim-use permit entitles the holder to 08 participate as a gear operator in the fishery for which the permit is issued and to 09 participate as a crewmember in any fishery. A crewmember fishing license is not 10 transferable and entitles the holder to participate as a crewmember in any fishery. 11 * Sec. 2. AS 16.05.480 is amended by adding new subsections to read: 12 (g) For a crewmember fishing license issued for calendar year 2002 and 13 following years, a resident engaged in commercial fishing who is 11 years of age or 14 older and who does not hold an entry permit or an interim-use permit shall pay an
01 annual fee of $60. For a crewmember fishing license issued for calendar year 2002 02 and following years, a resident engaged in commercial fishing who is less than 11 03 years of age and who does not hold an entry permit or an interim-use permit shall pay 04 an annual fee of $5. 05 (h) For a crewmember fishing license issued for calendar year 2002 and 06 following years, a nonresident engaged in commercial fishing who is 11 years of age 07 or older and who does not hold an entry permit or an interim-use permit shall pay an 08 annual base fee of $60 plus an amount, established by the department by regulation, 09 that is as close as is practicable to the maximum allowed by law. For a crewmember 10 fishing license issued for calendar year 2002 and following years, a nonresident 11 engaged in commercial fishing who is less than 11 years of age and who does not hold 12 an entry permit or an interim-use permit shall pay an annual base fee of $5 plus an 13 amount, established by the department by regulation, that is as close as is practicable 14 to the maximum allowed by law. 15 (i) In this section, "commercial fishing license" includes an entry permit and 16 an interim-use permit issued under AS 16.43 and a crewmember fishing license. 17 * Sec. 3. AS 16.43.100(a) is amended to read: 18 (a) To accomplish the purposes set out in AS 16.43.010, the commission shall 19 (1) regulate entry into the commercial fisheries for all fishery resources 20 in the state; 21 (2) establish priorities for the application of the provisions of this 22 chapter to the various commercial fisheries of the state; 23 (3) establish administrative areas suitable for regulating and 24 controlling entry into the commercial fisheries; 25 (4) establish, for all types of gear, the maximum number of entry 26 permits for each administrative area; 27 (5) designate, when necessary to accomplish the purposes of this 28 chapter, particular species for which separate interim-use permits or entry permits will 29 be issued; 30 (6) establish qualifications for the issuance of entry permits; 31 (7) issue entry permits to qualified applicants;
01 (8) issue interim-use permits as provided in AS 16.43.210, 16.43.220, 02 and 16.43.225; 03 (9) establish, for all types of gear, the optimum number of entry 04 permits for each administrative area; 05 (10) administer the buy-back program provided for in AS 16.43.310 06 and 16.43.320 to reduce the number of outstanding entry permits to the optimum 07 number of entry permits; 08 (11) provide for the transfer and reissuance of entry permits to 09 qualified transferees; 10 (12) provide for the transfer and reissuance of entry permits for 11 alternative types of legal gear, in a manner consistent with the purposes of this 12 chapter; 13 (13) establish and administer the collection of the annual fees 14 provided for in AS 16.43.160; 15 (14) administer the issuance of commercial fishing vessel licenses 16 under AS 16.05.490; 17 (15) issue educational entry permits to applicants who qualify under 18 the provisions of AS 16.43.340 - 16.43.390; 19 (16) establish reasonable user fees for services; 20 (17) issue landing permits under AS 16.05.675 and regulations adopted 21 under that section; 22 (18) establish and collect annual fees for the issuance of landing 23 permits that reasonably reflect the costs incurred in the administration and 24 enforcement of provisions of law related to landing permits; and 25 (19) establish a moratorium on entry into commercial fisheries as 26 provided in AS 16.43.225. 27 * Sec. 4. AS 16.43.160(a) is amended to read: 28 (a) The commission shall establish annual fees for the issuance and annual 29 renewal of entry permits or interim-use permits. [THE AMOUNT PAID BY A 30 PERMIT HOLDER UNDER THE PROVISIONS OF AS 16.05.480 SHALL BE 31 CREDITED BY THE COMMISSION TOWARD PAYMENT OF THE FEE
01 CHARGED UNDER THIS SECTION. NO MORE THAN ONE CREDIT MAY BE 02 OBTAINED ANNUALLY BY A PERSON.] 03 * Sec. 5. AS 16.43.160 is amended by adding new subsections to read: 04 (e) For an entry permit or an interim-use permit issued for calendar year 2002 05 and following years, the annual base fee may not be less than $10 or more than $300. 06 The annual base fee must reasonably reflect the different rates of economic return for 07 different fisheries. The fee for a nonresident entry permit or a nonresident interim-use 08 permit shall be higher than the annual base fee by an amount, established by the 09 commission by regulation, that is as close as is practicable to the maximum allowed by 10 law. The amount of the fee for a nonresident entry permit or a nonresident interim-use 11 permit may reflect 12 (1) the costs incurred by the state that are directly attributable to 13 participation of nonresidents in the commercial fisheries of the state; 14 (2) the costs incurred by the state for 15 (A) direct operating expenditures for ongoing management, 16 support, and regulation of the commercial fishing industry, including relevant 17 expenditures of the 18 (i) Office of the Governor - Alaska coastal management 19 program; 20 (ii) Department of Environmental Conservation - air 21 and water quality permitting activities and seafood inspection activities; 22 (iii) Department of Community and Economic 23 Development - commercial fishing loan program, Alaska Seafood 24 Marketing Institute, and community development quota program; 25 (iv) Department of Fish and Game - division of 26 commercial fisheries, division of habitat and restoration, board support 27 section, division of administrative services, division of sport fish, 28 commissioner's office, and Alaska Commercial Fisheries Entry 29 Commission; 30 (v) Department of Labor - wage and hour enforcement, 31 mechanical inspections, occupational safety and health activities, and
01 fishermen's fund; 02 (vi) Department of Law; 03 (vii) Department of Natural Resources; 04 (viii) Department of Public Safety - commercial 05 fisheries enforcement; 06 (ix) Department of Revenue - fisheries business tax 07 program, fishery resource landing tax program, salmon enhancement 08 tax program, salmon marketing tax program, and dive fishery 09 management assessment program; 10 (x) University of Alaska - Fisheries Industrial 11 Technology Center, Institute of Marine Science, Marine Advisory 12 Program, Sea Grant College Program, and School of Fisheries and 13 Ocean Sciences; 14 (xi) Legislature; 15 (xii) Alaska Court System; 16 (B) indirect operating expenditures for general overhead 17 attributable to supporting the commercial fishing industry, including 18 expenditures for general overhead attributable to components of agencies that 19 have direct operating expenditures identified under (A) of this paragraph and to 20 components of agencies for which direct operating expenditures related to the 21 ongoing management, support, and regulation of the commercial fishing 22 industry cannot be readily determined; 23 (C) general government expenditures for government services 24 that are used by a portion of the population attributable to the presence of the 25 commercial fishing industry, including government services provided by the 26 Department of Administration, Department of Corrections, Department of 27 Education and Early Development, Department of Health and Social Services, 28 Department of Military and Veterans' Affairs, and Department of 29 Transportation and Public Facilities; 30 (D) capital expenditures to support the commercial fishing 31 industry as measured by annual depreciation of public facilities and
01 infrastructure; and 02 (E) expenditures to subsidize the construction and operation of 03 salmon hatcheries; and 04 (3) the amount of revenue foregone by the state due to the current 05 management system for commercial fisheries in the state. 06 (f) For an entry permit or an interim-use permit issued for calendar year 2002 07 and following years, the holder of a permit whose household income, assets, and 08 financial resources fall within the eligibility standards for the food stamp program 09 under 7 U.S.C. 2001 - 2025, as amended, is subject to a maximum annual fee that is 10 equal to 50 percent of the fee that the permit holder would otherwise pay under (e) of 11 this section. 12 * Sec. 6. AS 23.35.060(a) is amended to read: 13 (a) There is created a fund, designated as the "fishermen's fund." The 14 Department of Revenue is the custodian of the fund, and the Department of Labor and 15 Workforce Development shall administer it. The fund shall be composed of 16 (1) 39 percent of the money derived by the state from all commercial 17 fishermen's licenses, not to exceed a maximum of $50 for each license holder for 18 each year; and 19 (2) money appropriated to carry out the purpose of this chapter. 20 * Sec. 7. AS 16.05.480(f); AS 16.43.160(b), and 16.43.160(c) are repealed. 21 * Sec. 8. Sections 2 - 6 of this Act take effect immediately under AS 01.10.070(c). 22 * Sec. 9. Sections 1 and 7 of this Act take effect January 1, 2002.