CSHB 286(FSH): "An Act allowing a person to hold two commercial fishing entry permits for a salmon fishery for the purpose of consolidating the fishing fleet for a salmon fishery; relating to salmon fishery associations and to salmon fishery assessments; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 286(FSH) 01 "An Act allowing a person to hold two commercial fishing entry permits for a salmon 02 fishery for the purpose of consolidating the fishing fleet for a salmon fishery; relating to 03 salmon fishery associations and to salmon fishery assessments; and providing for an 04 effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 16.40 is amended by adding a new section to read: 07 Article 5. Salmon Fishery Associations. 08 Sec. 16.40.250. Salmon fishery associations. The commissioner shall assist 09 in and encourage the formation of qualified salmon fishery associations for the 10 purpose of promoting the consolidation of the fishing fleet in a salmon fishery for 11 which the Alaska Commercial Fisheries Entry Commission has issued commercial 12 fishing entry permits under AS 16.43. A salmon fishery association is qualified if the 13 commissioner determines that the regional association 14 (1) is incorporated as a nonprofit corporation under AS 10.20;
01 (2) represents interim-use permit and entry permit holders who 02 participate in the salmon fishery for which the association is established; and 03 (3) has a board of directors that is representative of interim-use permit 04 and entry permit holders who fish in the salmon fishery. 05 * Sec. 2. AS 16.43.140(c) is amended to read: 06 (c) A person may hold more than one interim-use or entry permit issued or 07 transferred under this chapter only for the following purposes: 08 (1) fishing more than one type of gear; 09 (2) fishing in more than one administrative area; 10 (3) harvesting particular species for which separate interim-use or 11 entry permits are issued; 12 (4) if authorized by regulations of the commission, fishing an entire 13 unit of gear in a fishery in which the commission has issued entry permits for less than 14 a unit of gear under AS 16.43.270(d); under this paragraph, a person may not hold 15 more than two entry permits for a fishery; however, the person may not 16 (A) fish more than one unit of gear in the fishery; or 17 (B) acquire a second entry permit for the fishery after the 18 person has acquired an entry permit that authorizes the use of an entire unit of 19 gear in the fishery; 20 (5) consolidation of the fishing fleet for a salmon fishery; however, 21 a person may hold not more than two entry permits for a salmon fishery under 22 this paragraph, but the person who holds two entry permits for a salmon fishery 23 may not engage in fishing under the second entry permit. 24 * Sec. 3. AS 37.05.146(b)(4)(AA) is amended to read: 25 (AA) dive fishery management assessment receipts 26 (AS 43.76.150) and salmon fishery assessment receipts (AS 43.76.220); 27 * Sec. 4. AS 43.76 is amended by adding new sections to read: 28 Article 4. Salmon Fishery Assessment. 29 Sec. 43.76.220. Salmon fishery assessment. (a) A salmon fishery 30 assessment shall be levied on the value of the salmon sold in a salmon fishery. The 31 rate of the assessment, not to exceed five percent, shall be determined by an election
01 under AS 43.76.230. 02 (b) A salmon fishery assessment may only be levied or collected on salmon 03 sold in a fishery if 04 (1) there exists in the administrative area in which the fishery occurs 05 an association determined by the commissioner of fish and game to be a qualified 06 salmon fishery association under AS 16.40.250; and 07 (2) the rate of the salmon fishery assessment is determined by an 08 election under AS 43.76.230. 09 Sec. 43.76.230. Election to approve, amend, or terminate salmon fishery 10 assessment. (a) A qualified salmon fishery association may conduct an election 11 under this section after the commissioner of fish and game approves 12 (1) the notice to be published by the qualified salmon fishery 13 association; the notice must state that all salmon sold in the fishery are subject to the 14 salmon fishery assessment and the rate of the salmon fishery assessment to be 15 approved, amended, or terminated at the election; 16 (2) the ballot to be used in the election; and 17 (3) the registration and voting procedure for the approval, amendment, 18 or termination of the salmon fishery assessment. 19 (b) The salmon fishery assessment is levied under AS 43.76.220 in a fishery 20 on the effective date stated on the ballot if 21 (1) the assessment is approved by a two-thirds majority vote of the 22 eligible interim-use permit and entry permit holders in the fishery; and 23 (2) the election results are certified by the commissioner of fish and 24 game. 25 (c) In conducting an election under this section, a qualified salmon fishery 26 association shall adopt the following procedures: 27 (1) the qualified salmon fishery association for the fishery shall make 28 copies of the articles of incorporation and bylaws of the association available to all 29 interim-use permit and entry permit holders in the fishery; 30 (2) the qualified salmon fishery association for the fishery shall hold at 31 least one public meeting not less than 30 days before the date on which ballots must be
01 postmarked to be counted in the election to explain, as appropriate, the reason for 02 approval or amendment of the proposed salmon fishery assessment, the reason for the 03 proposed rate of the salmon fishery assessment, or the reason for termination of the 04 salmon fishery assessment, and to explain the registration and voting procedure to be 05 used in the election; the qualified salmon fishery association shall provide notice of 06 the meeting by 07 (A) mailing the notice to each eligible interim-use permit and 08 entry permit holder; 09 (B) posting the notice in at least three public places in the 10 administrative area in which the fishery occurs; and 11 (C) publishing the notice in at least one newspaper of general 12 circulation in the administrative area in which the fishery occurs at least once a 13 week for two consecutive weeks before the meeting; 14 (3) the qualified salmon fishery association shall mail two ballots to 15 each eligible interim-use permit and entry permit holder; the first ballot shall be 16 mailed not more than 45 days before the date ballots must be postmarked to be 17 counted in the election; the second ballot shall be mailed not less than 15 days before 18 the date ballots must be postmarked to be counted in the election; the qualified salmon 19 fishery association shall adopt procedures to ensure that only one ballot from each 20 eligible interim-use permit and entry permit holder is counted in the election; 21 (4) the ballot must 22 (A) state that all salmon sold in the fishery are subject to the 23 salmon fishery assessment; 24 (B) state the rate of the assessment to be levied under 25 AS 43.76.220; 26 (C) ask the question whether the salmon fishery assessment 27 addressed on the ballot shall be approved, amended, or terminated, as 28 appropriate; 29 (D) indicate the fishery for which the salmon fishery 30 assessment will be levied or terminated; 31 (E) provide an effective date for the approval, amendment, or
01 termination of the salmon fishery assessment; and 02 (F) indicate the date on which returned ballots must be 03 postmarked in order to be counted; 04 (5) the ballots shall be returned by mail and shall be counted by an 05 auditor selected by the qualified salmon fishery association and approved by the 06 commissioner of fish and game; the qualified salmon fishery association shall pay the 07 costs of counting the ballots. 08 (d) The commissioner of fish and game shall certify the results of an election 09 under this section if the commissioner determines that the requirements of (a) and (c) 10 of this section have been satisfied. 11 (e) A qualified salmon fishery association may employ or contract with 12 another person to administer an election under this section subject to the supervision 13 of the association. 14 (f) Except as otherwise provided under AS 43.76.240 and 43.76.250, an 15 election to amend the rate of a salmon fishery assessment or to terminate a salmon 16 fishery assessment shall be conducted under the same procedures established under 17 (a), (c), and (d) of this section for an election to approve a salmon fishery assessment. 18 (g) In this section, "eligible interim-use permit and entry permit holder" means 19 an individual who, 90 days before the date ballots must be postmarked to be counted 20 in an election under this section, is listed in the records of the Alaska Commercial 21 Fisheries Entry Commission as the legal holder of an interim-use permit for salmon 22 fishing gear or an entry permit for salmon fishing gear that authorizes the individual to 23 fish commercially in the salmon fishery for which the salmon fishery assessment is to 24 be approved, amended, or terminated. 25 Sec. 43.76.240. Amendment of salmon fishery assessment. (a) The rate of 26 the salmon fishery assessment levied on salmon under AS 43.76.220 may be amended 27 by the commissioner of revenue upon a two-thirds majority vote at an election held 28 under AS 43.76.230 among the eligible permit holders for the fishery in which the 29 salmon fishery assessment is levied. 30 (b) The commissioner of revenue shall amend the rate of a salmon fishery 31 assessment under (a) of this section following an election among the eligible permit
01 holders for the fishery if 02 (1) a petition that is signed by at least 25 percent of the interim-use 03 permit and entry permit holders in the fishery that is the subject of the petition is 04 presented to the commissioner of fish and game requesting amendment of the rate of 05 the salmon fishery assessment; the petition must state the proposed rate of the salmon 06 fishery assessment to be levied under AS 43.76.220; only a person who holds an 07 interim-use permit or entry permit for the fishery at the time of signing the petition 08 may validly sign the petition; 09 (2) an election is held in accordance with AS 43.76.230; the ballot 10 must ask the question whether the salmon fishery assessment on salmon sold in the 11 fishery shall be amended and must state the salmon fishery assessment to be levied 12 under AS 43.76.220 if the assessment is amended; the ballot must be worded so that a 13 "yes" vote is for amendment of the salmon fishery assessment and a "no" vote is for 14 continuation of the current salmon fishery assessment; 15 (3) a two-thirds majority of the eligible interim-use permit and entry 16 permit holders in the fishery casts a ballot for the amendment of the salmon fishery 17 assessment; in this paragraph, "eligible interim-use permit and entry permit holder" 18 has the meaning given in AS 43.76.230; and 19 (4) the qualified salmon fishery association provides notice of the 20 election in accordance with AS 43.76.230 within six months after receiving notice 21 from the commissioner of fish and game that a valid petition under (1) of this 22 subsection has been received. 23 Sec. 43.76.250. Termination of salmon fishery assessment. (a) The salmon 24 fishery assessment levied under AS 43.76.220 shall be terminated by the 25 commissioner of revenue upon a two-thirds majority vote at an election held under 26 AS 43.76.230 among the eligible permit holders for the fishery in which the salmon 27 fishery assessment is levied. 28 (b) The commissioner of revenue shall terminate a salmon fishery assessment 29 under (a) of this section following an election among the eligible permit holders for 30 the fishery if 31 (1) a petition that is signed by at least 25 percent of the interim-use
01 permit and entry permit holders in the fishery that is the subject of the petition is 02 presented to the commissioner of fish and game requesting termination of the salmon 03 fishery assessment; only a person who holds an interim-use permit or entry permit for 04 the fishery at the time of signing the petition may validly sign the petition; 05 (2) an election is held in accordance with AS 43.76.230; the ballot 06 must ask the question whether the salmon fishery assessment shall be terminated; the 07 ballot must be worded so that a "yes" vote is for continuation of the salmon fishery 08 assessment and a "no" vote is for termination of the salmon fishery assessment; 09 (3) a two-thirds majority of the eligible interim-use permit and entry 10 permit holders in the fishery casts a ballot for the termination of the salmon fishery 11 assessment; in this paragraph, "eligible interim-use permit and entry permit holder" 12 has the meaning given in AS 43.76.230; and 13 (4) the qualified salmon fishery association provides notice of the 14 election in accordance with AS 43.76.230 within six months after receiving notice 15 from the commissioner of fish and game that a valid petition under (1) of this 16 subsection has been received. 17 Sec. 43.76.260. Collection of assessment. (a) A buyer who acquires salmon 18 that is subject to a salmon fishery assessment levied under AS 43.76.220 shall collect 19 the salmon fishery assessment at the time of purchase and shall remit the total salmon 20 fishery assessment collected during each calendar quarter to the department by the last 21 day of the month following the end of the calendar quarter. In this subsection, 22 "calendar quarter" means each of the three-month periods ending March 31, June 30, 23 September 30, and December 31. 24 (b) A buyer who collects the salmon fishery assessment shall maintain records 25 of the value of salmon that is subject to the assessment that is purchased in each 26 salmon fishery of the state. 27 (c) The owner of salmon removed from the state is liable for payment of the 28 salmon fishery assessment levied under AS 43.76.220 if, at the time the salmon is 29 removed from the state, the assessment payable on the salmon has not been collected 30 by a buyer. If the owner of the salmon is liable for payment of the salmon fishery 31 assessment under this subsection, the owner shall comply with the requirements under
01 (a) and (b) of this section to remit the assessment to the department and to maintain 02 records. 03 (d) The salmon fishery assessment collected under this section shall be 04 deposited in the state treasury. 05 Sec. 43.76.270. Funding for qualified salmon fishery associations. (a) The 06 legislature may make appropriations of revenue collected under AS 43.76.260 to the 07 Department of Fish and Game for funding of the qualified salmon fishery association 08 for the fishery in which the assessment was collected. Funds received under this 09 section by a qualified salmon fishery association may be expended in accordance with 10 the annual operating plan developed under (b) of this section. 11 (b) The Department of Fish and Game shall assist a salmon fishery association 12 in developing an annual operating plan. The annual operating plan must describe the 13 activities for which the association intends to expend the funding received under this 14 section, including consolidation of the fishing fleet in the salmon fishery, financial 15 assistance to permit holders in the fishery to promote consolidation of the fishing fleet 16 for the fishery, and administrative activities of the association. 17 (c) A qualified salmon fishery association receiving funding under this section 18 shall submit an annual report to the Department of Fish and Game and to the members 19 of the association describing the activities of the association and how those activities 20 are consistent with the articles of incorporation and bylaws of the association. 21 (d) This section does not establish a dedication of a state tax or license. 22 (e) This section does not restrict or qualify the authority of the Department of 23 Fish and Game or the Board of Fisheries under AS 16. 24 Sec. 43.76.280. Definitions. In AS 43.76.220 - 43.76.280, 25 (1) "administrative area" means an area established by the Alaska 26 Commercial Fisheries Entry Commission under AS 16.43.200 for regulating and 27 controlling entry into salmon fisheries; 28 (2) "buyer" has the meaning given in AS 43.76.040; 29 (3) "fishery" has the meaning given in AS 16.43.990; 30 (4) "qualified salmon fishery association" means an association that is 31 qualified under AS 16.40.250;
01 (5) "salmon" means salmon sold under the authority of a limited entry 02 permit or interim-use permit issued under AS 16.43 for salmon; 03 (6) "sold" means the transfer of ownership of salmon from an interim- 04 use permit or entry permit holder to a buyer at the first point of sale; 05 (7) "value" has the meaning given in AS 43.75.290. 06 * Sec. 5. This Act takes effect immediately under AS 01.10.070(c).