HB 341: "An Act relating to the dive fishery management assessment."
00 HOUSE BILL NO. 341 01 "An Act relating to the dive fishery management assessment." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 43.76.150 is amended to read: 04 Sec. 43.76.150. Dive fishery management assessment. (a) A dive fishery 05 management assessment on fishery resources taken by dive gear shall be levied on the 06 value of the fishery resource taken in a dive gear fishery. The species of fishery 07 resources subject to the assessment and the rate of the assessment, as determined 08 under (b) - (h) [(b) - (e)] of this section, shall be determined by an election under 09 AS 43.76.160. 10 (b) A person holding a limited entry permit for dive gear or an interim-use 11 permit for dive gear issued under AS 16.43 shall pay a dive fishery management 12 assessment of one percent on a species of fishery resources that is subject to the 13 assessment as determined by an election under AS 43.76.160, that is taken by dive 14 gear, and that the person removes from the state or transfers to a buyer in the state. 15 (c) A person holding a limited entry permit for dive gear or an interim-
01 use permit for dive gear issued under AS 16.43 shall pay a dive fishery 02 management assessment of two percent on a species of fishery resources that is 03 subject to the assessment as determined by an election under AS 43.76.160, that is 04 taken by dive gear, and that the person removes from the state or transfers to a 05 buyer in the state. 06 (d) A person holding a limited entry permit for dive gear or an interim-use 07 permit for dive gear issued under AS 16.43 shall pay a dive fishery management 08 assessment of three percent on a species of fishery resources that is subject to the 09 assessment as determined by an election under AS 43.76.160, that is taken by dive 10 gear, and that the person removes from the state or transfers to a buyer in the state. 11 (e) A person holding a limited entry permit for dive gear or an interim- 12 use permit for dive gear issued under AS 16.43 shall pay a dive fishery 13 management assessment of four percent on a species of fishery resources that is 14 subject to the assessment as determined by an election under AS 43.76.160, that is 15 taken by dive gear, and that the person removes from the state or transfers to a 16 buyer in the state. 17 (f) [(d)] A person holding a limited entry permit for dive gear or an interim- 18 use permit for dive gear issued under AS 16.43 shall pay a dive fishery management 19 assessment of five percent on a species of fishery resources that is subject to the 20 assessment as determined by an election under AS 43.76.160, that is taken by dive 21 gear, and that the person removes from the state or transfers to a buyer in the state. 22 (g) A person holding a limited entry permit for dive gear or an interim- 23 use permit for dive gear issued under AS 16.43 shall pay a dive fishery 24 management assessment of six percent on a species of fishery resources that is 25 subject to the assessment as determined by an election under AS 43.76.160, that is 26 taken by dive gear, and that the person removes from the state or transfers to a 27 buyer in the state. 28 (h) [(e)] A person holding a limited entry permit for dive gear or an interim- 29 use permit for dive gear issued under AS 16.43 shall pay a dive fishery management 30 assessment of seven percent on a species of fishery resources that is subject to the 31 assessment as determined by an election under AS 43.76.160, that is taken by dive
01 gear, and that the person removes from the state or transfers to a buyer in the state. 02 (i) [(f)] A dive fishery management assessment may only be levied or 03 collected on a fishery resource in an administrative area if 04 (1) there exists in that administrative area an association determined by 05 the commissioner of fish and game to be a qualified regional dive fishery development 06 association under AS 16.40.240; and 07 (2) the species of fishery resource subject to the dive fishery 08 management assessment and the rate of the dive fishery management assessment, as 09 provided under (b) - (h) [(b) - (e)] of this section, is approved by an election under 10 AS 43.76.160. 11 * Sec. 2. AS 43.76.160(b) is amended to read: 12 (b) The dive fishery management assessment is levied under AS 43.76.150(b), 13 (c), (d), [OR] (e), (f), (g), or (h) in an administrative area on the effective date stated 14 on the ballot if 15 (1) the assessment is approved by a majority vote of the eligible 16 interim-use permit and entry permit holders voting in an election held in the 17 administrative area under this section; and 18 (2) the election results are certified by the commissioner of fish and 19 game. 20 * Sec. 3. AS 43.76.160(c) is amended to read: 21 (c) In conducting an election under this section, a qualified regional dive 22 fishery development association shall adopt the following procedures: 23 (1) the qualified regional dive fishery development association in the 24 administrative area shall hold at least one public meeting not less than 30 days before 25 the date on which ballots must be postmarked to be counted in the election to explain, 26 as appropriate, the reason for approval or amendment of the proposed dive fishery 27 management assessment, the reason for the proposed rate of the dive fishery 28 management assessment, or the reason for termination of the dive fishery management 29 assessment and to explain the registration and voting procedure to be used in the 30 election; the qualified regional dive fishery development association shall provide 31 notice of the meeting by
01 (A) mailing the notice to each eligible interim-use permit and 02 entry permit holder; 03 (B) posting the notice in at least three public places in the 04 administrative area; and 05 (C) publishing the notice in at least one newspaper of general 06 circulation in the administrative area at least once a week for two consecutive 07 weeks before the meeting; 08 (2) the qualified regional dive fishery development association shall 09 mail two ballots to each eligible interim-use permit and entry permit holder; the first 10 ballot shall be mailed not more than 45 days before the date ballots must be 11 postmarked to be counted in the election; the second ballot shall be mailed not less 12 than 15 days before the date ballots must be postmarked to be counted in the election; 13 the qualified regional dive fishery development association shall adopt procedures to 14 ensure that only one ballot from each eligible interim-use permit and entry permit 15 holder is counted in the election; 16 (3) the ballot must 17 (A) indicate the species of fishery resources subject to the dive 18 fishery management assessment; 19 (B) indicate whether the election relates to a dive fishery 20 management assessment under AS 43.76.150(b), (c), (d), [OR] (e), (f), (g), or 21 (h); 22 (C) ask the question whether the dive fishery management 23 assessment on the fishery resources addressed on the ballot shall be approved, 24 amended, or terminated, as appropriate; 25 (D) indicate the boundaries of the administrative area in which 26 the dive fishery management assessment will be levied or terminated; 27 (E) provide an effective date for the approval, amendment, or 28 termination of the dive fishery management assessment; and 29 (F) indicate the date on which returned ballots must be 30 postmarked in order to be counted; 31 (4) the ballots shall be returned by mail and shall be counted by an
01 auditor selected by the qualified regional dive fishery development association and 02 approved by the commissioner of fish and game; the qualified regional dive fishery 03 development association shall pay the costs of counting the ballots. 04 * Sec. 4. AS 43.76.170 is amended to read: 05 Sec. 43.76.170. Amendment of dive fishery management assessment. (a) 06 The rate of the dive fishery management assessment levied on a species of fishery 07 resources under AS 43.76.150(b), (c), (d), [OR] (e), (f), (g), or (h) may be amended 08 by the commissioner of revenue upon majority vote at an election held under 09 AS 43.76.160 in the administrative area in which the dive fishery management 10 assessment is levied. 11 (b) The commissioner of revenue shall amend the rate of a dive fishery 12 management assessment under (a) of this section following an election in an 13 administrative area if 14 (1) a petition, that is signed by at least 25 percent of the number of 15 persons who voted under AS 43.76.160 in the most recent election approving or 16 amending the dive fishery management assessment on the species of fishery resources 17 in the administrative area that are the subject of the petition, is presented to the 18 commissioner of fish and game requesting amendment of the rate of the dive fishery 19 management assessment on a species of fishery resources; the petition must state 20 whether the proposed rate of the dive fishery management assessment is to be levied 21 under AS 43.76.150(b), (c), (d), [OR] (e), (f), (g), or (h); only a person who would be 22 eligible to vote in an election to amend the rate of the assessment may validly sign the 23 petition; 24 (2) an election is held in accordance with AS 43.76.160; the ballot 25 must ask the question whether the dive fishery management assessment on a species of 26 fishery resources taken in the administrative area shall be amended and must state 27 whether the dive fishery management assessment on the species of fishery resources is 28 to be levied under AS 43.76.150(b), (c), (d), [OR] (e), (f), (g), or (h) if the assessment 29 is amended; the ballot must be worded so that a "yes" vote is for amendment of the 30 dive fishery management assessment and a "no" vote is for continuation of the current 31 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 06 provides notice of the election in accordance with AS 43.76.160 within two months 07 after receiving notice from the commissioner of fish and game that a valid petition 08 under (1) of this subsection has been received. 09 * Sec. 5. AS 43.76.180(a) is amended to read: 10 (a) The dive fishery management assessment levied on a species of fishery 11 resources under AS 43.76.150(b), (c), (d), [OR] (e), (f), (g), or (h) shall be terminated 12 by the commissioner of revenue upon majority vote at an election held under 13 AS 43.76.160 in the administrative area in which the dive fishery management 14 assessment is levied. 15 * Sec. 6. AS 43.76.190(a) is amended to read: 16 (a) A buyer who acquires a fishery resource that is subject to a dive fishery 17 management assessment levied under AS 43.76.150(b), (c), (d), [OR] (e), (f), (g), or 18 (h) shall collect the dive fishery management assessment at the time of purchase and 19 shall remit the total dive fishery management assessment collected during each 20 calendar quarter to the Department of Revenue by the last day of the month following 21 the end of the calendar quarter. In this subsection, "calendar quarter" means each of 22 the three-month periods ending March 31, June 30, September 30, and December 31. 23 * Sec. 7. AS 43.76.190(c) is amended to read: 24 (c) The owner of fishery resources removed from the state is liable for 25 payment of the dive fishery management assessment levied under AS 43.76.150(b), 26 (c), (d), [OR] (e), (f), (g), or (h) if, at the time the fishery resource is removed from 27 the state, the assessment payable on the fishery resource has not been collected by a 28 buyer. If the owner of the fishery resource is liable for payment of the dive fishery 29 management assessment under this subsection, the owner shall comply with the 30 requirements under (a) and (b) of this section to remit the assessment to the 31 Department of Revenue and to maintain records.