CSHB 137(FIN) am: "An Act raising certain fees related to sport fishing, hunting, and trapping; relating to the fish and game fund; providing for the repeal of the sport fishing surcharge and sport fishing facility revenue bonds; replacing the permanent sport fishing, hunting, or trapping identification card for certain residents with an identification card valid for three years; relating to hunting and fishing by proxy; relating to fish and game conservation decals; raising the age of eligibility for a sport fishing, hunting, or trapping license exemption for state residents; raising the age at which a state resident is required to obtain a license for sport fishing, hunting, or trapping; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 137(FIN) am 01 "An Act raising certain fees related to sport fishing, hunting, and trapping; relating to 02 the fish and game fund; providing for the repeal of the sport fishing surcharge and sport 03 fishing facility revenue bonds; replacing the permanent sport fishing, hunting, or 04 trapping identification card for certain residents with an identification card valid for 05 three years; relating to hunting and fishing by proxy; relating to fish and game 06 conservation decals; raising the age of eligibility for a sport fishing, hunting, or trapping 07 license exemption for state residents; raising the age at which a state resident is required 08 to obtain a license for sport fishing, hunting, or trapping; and providing for an effective 09 date." 10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 11 * Section 1. AS 16.05.100 is amended to read: 12 Sec. 16.05.100. Fish and game fund established. There is created a revolving
01 fish and game fund, which shall be used exclusively for the following: 02 (1) to carry out the purposes and provisions of this title, except 03 AS 16.51 and AS 16.52, or other duties that may be delegated by the legislature to the 04 commissioner or the department; and 05 (2) [TO PAY THE PRINCIPAL OF AND INTEREST ON REVENUE 06 BONDS ISSUED UNDER AS 37.15.765 - 37.15.799 TO FINANCE THE 07 CONSTRUCTION AND RENOVATION OF FISHERIES REHABILITATION, 08 ENHANCEMENT, AND DEVELOPMENT PROJECTS THAT BENEFIT SPORT 09 FISHING; AND 10 (3)] to carry out the purposes and objectives within the scope of this 11 title except AS 16.51 and AS 16.52 as may be directed by the donor of any such funds. 12 * Sec. 2. AS 16.05.251(a) is amended to read: 13 (a) The Board of Fisheries may adopt regulations it considers advisable in 14 accordance with AS 44.62 (Administrative Procedure Act) for 15 (1) setting apart fish reserve areas, refuges, and sanctuaries in the 16 waters of the state over which it has jurisdiction, subject to the approval of the 17 legislature; 18 (2) establishing open and closed seasons and areas for the taking of 19 fish; if consistent with resource conservation and development goals, the board may 20 adopt regulations establishing restricted seasons and areas necessary for 21 (A) persons 62 [60] years of age and older to participate in 22 sport, personal use, or subsistence fishing; or 23 (B) residents under 18 years of age and nonresidents 24 [PERSONS] under 16 years of age to participate in sport fishing; 25 (3) setting quotas, bag limits, harvest levels, and sex and size 26 limitations on the taking of fish; 27 (4) establishing the means and methods employed in the pursuit, 28 capture, and transport of fish; 29 (5) establishing marking and identification requirements for means 30 used in pursuit, capture, and transport of fish; 31 (6) classifying as commercial fish, sport fish, guided sport fish,
01 personal use fish, subsistence fish, or predators or other categories essential for 02 regulatory purposes; 03 (7) watershed and habitat improvement, and management, 04 conservation, protection, use, disposal, propagation, and stocking of fish; 05 (8) investigating and determining the extent and effect of disease, 06 predation, and competition among fish in the state, exercising control measures 07 considered necessary to the resources of the state; 08 (9) prohibiting and regulating the live capture, possession, transport, or 09 release of native or exotic fish or their eggs; 10 (10) establishing seasons, areas, quotas, and methods of harvest for 11 aquatic plants; 12 (11) establishing the times and dates during which the issuance of 13 fishing licenses, permits, and registrations and the transfer of permits and registrations 14 between registration areas is allowed; however, this paragraph does not apply to 15 permits issued or transferred under AS 16.43; 16 (12) regulating commercial, sport, guided sport, subsistence, and 17 personal use fishing as needed for the conservation, development, and utilization of 18 fisheries; 19 (13) requiring, in a fishery, observers on board fishing vessels, as 20 defined in AS 16.05.475(d), that are registered under the laws of the state, as defined 21 in AS 16.05.475(c), after making a written determination that an onboard [ON- 22 BOARD] observer program 23 (A) is the only practical data-gathering or enforcement 24 mechanism for that fishery; 25 (B) will not unduly disrupt the fishery; 26 (C) can be conducted at a reasonable cost; and 27 (D) can be coordinated with observer programs of other 28 agencies, including the National Marine Fisheries Service, North Pacific 29 Fishery Management Council, and the International Pacific Halibut 30 Commission; 31 (14) establishing nonexclusive, exclusive, and superexclusive
01 registration and use areas for regulating commercial fishing; 02 (15) regulating resident or nonresident sport fishermen as needed for 03 the conservation, development, and utilization of fishery resources; 04 (16) requiring unlicensed fishing vessels present in or transiting the 05 waters of the state to report to the department the quantity, species, and origin of fish 06 on board; in this paragraph, "unlicensed fishing vessel" means a fishing vessel that is 07 not licensed under AS 16.05.490 - 16.05.530; 08 (17) promoting fishing and preserving the heritage of fishing in the 09 state. 10 * Sec. 3. AS 16.05.340(a)(1) is amended to read: 11 (1) Resident sport fishing license ......................................... $20 [$15] 12 However, the fee is 50 [25] cents for a resident who is blind. 13 * Sec. 4. AS 16.05.340(a)(1), as amended by sec. 3 of this Act, is amended to read: 14 (1) Resident sport fishing license ......................................... $29 [$20] 15 However, the fee is 50 cents for a resident who is blind. 16 * Sec. 5. AS 16.05.340(a)(2) is amended to read: 17 (2) Resident hunting license ..................................................... 30 [25] 18 * Sec. 6. AS 16.05.340(a)(3) is amended to read: 19 (3) Resident hunting and trapping license .................................45 [39] 20 * Sec. 7. AS 16.05.340(a)(4) is amended to read: 21 (4) Resident trapping license .................................................... 20 [15] 22 * Sec. 8. AS 16.05.340(a)(5) is amended to read: 23 (5) Resident hunting and sport fishing license ......................... 45 [39] 24 * Sec. 9. AS 16.05.340(a)(5), as amended by sec. 8 of this Act, is amended to read: 25 (5) Resident hunting and sport fishing license ......................... 54 [45] 26 * Sec. 10. AS 16.05.340(a)(6) is amended to read: 27 (6) Resident hunting, trapping, and sport fishing license ........ 60 [53]; 28 (A) however, the fee is $5 for an applicant who 29 [(i) IS RECEIVING OR HAS RECEIVED 30 ASSISTANCE DURING THE PRECEDING SIX MONTHS UNDER 31 ANY STATE OR FEDERAL WELFARE PROGRAM TO AID THE
01 INDIGENT; OR 02 (ii)] has an annual family or household [GROSS] 03 income equal to or [OF] less than the most recent poverty guidelines 04 for the state set by the United States Department of Health and 05 Human Services [$8,200] for the year preceding application; 06 (B) a person paying $5 for a resident hunting, trapping, and 07 sport fishing license must provide proof of eligibility under this paragraph 08 when requested by the department. 09 * Sec. 11. AS 16.05.340(a)(6), as amended by sec. 10 of this Act, is amended to read: 10 (6) Resident hunting, trapping, and sport fishing license .........69 [60]; 11 (A) however, the fee is $5 for an applicant who has an annual 12 family or household income equal to or less than the most recent poverty 13 guidelines for the state set by the United States Department of Health and 14 Human Services for the year preceding application; 15 (B) a person paying $5 for a resident hunting, trapping, and 16 sport fishing license must provide proof of eligibility under this paragraph 17 when requested by the department. 18 * Sec. 12. AS 16.05.340(a)(7) is amended to read: 19 (7) Nonresident sport fishing license - valid for the period inscribed on 20 the license 21 (A) For 14-day license .................................................. 60 [50] 22 (B) For seven-day license ............................................. 40 [30] 23 (C) For three-day license .............................................. 30 [20] 24 (D) For one-day license ................................................ 15 [10] 25 * Sec. 13. AS 16.05.340(a)(7), as amended by sec. 12 of this Act, is amended to read: 26 (7) Nonresident sport fishing license - valid for the period inscribed on 27 the license 28 (A) For 14-day license ...................................................69 [60] 29 (B) For seven-day license ..............................................49 [40] 30 (C) For three-day license ...............................................39 [30] 31 (D) For one-day license .................................................24 [15]
01 * Sec. 14. AS 16.05.340(a)(8) is amended to read: 02 (8) Nonresident annual sport fishing license ........................ 150 [100] 03 * Sec. 15. AS 16.05.340(a)(8), as amended by sec. 14 of this Act, is amended to read: 04 (8) Nonresident annual sport fishing license .........................159 [150] 05 * Sec. 16. AS 16.05.340(a)(9) is amended to read: 06 (9) Nonresident hunting license .............................................. 130 [85] 07 * Sec. 17. AS 16.05.340(a)(11) is amended to read: 08 (11) Nonresident hunting and trapping license .................... 350 [250] 09 * Sec. 18. AS 16.05.340(a)(15) is amended to read: 10 (15) Nonresident big game tags 11 A nonresident may not take a big game animal without previously purchasing a 12 numbered, nontransferable, appropriate tag, issued under this paragraph. The tag must 13 be affixed to the animal immediately upon capture and must remain affixed until the 14 animal is prepared for storage, consumed, or exported. A tag issued but not used for an 15 animal may be used to satisfy the tagging requirement for an animal of any other 16 species for which the tag fee is of equal or less value. 17 (A) Bear, black, each ................................................ 600 [225] 18 (B) Bear, brown or grizzly, each ............................1,200 [500] 19 (C) Bison, each ......................................................... 900 [450] 20 (D) Caribou, each ..................................................... 650 [325] 21 (E) Deer, each ........................................................... 275 [150] 22 (F) Elk, each ............................................................. 575 [300] 23 (G) Goat, each .......................................................... 575 [300] 24 (H) Moose, each ....................................................... 800 [400] 25 (I) Sheep, each .......................................................... 850 [425] 26 (J) Wolf, each ........................................................................30 27 A nonresident is not required to have a nonresident wolf tag to take a wolf in a 28 game management unit if the Board of Game has adopted an intensive 29 management program under AS 16.05.255(e) [AS 16.05.255] for all or a 30 portion of the game management unit. 31 (K) Wolverine, each ................................................. 325 [175]
01 (L) Musk oxen, each ........................................... 2,200 [1,100] 02 * Sec. 19. AS 16.05.340(a)(17) is amended to read: 03 (17) Waterfowl conservation tag ................................................ 10 [5] 04 (A) A person may not engage in waterfowl hunting without 05 having the current year's waterfowl tag in the person's actual possession, unless 06 that person 07 (i) qualifies for a $5 license fee under (6) of this 08 subsection; 09 (ii) is a resident under the age of 18 [16]; 10 (iii) is 62 [60] years of age or older and is a resident; 11 (iv) is a disabled veteran eligible for a free license under 12 AS 16.05.341. 13 (B) The Board of Game shall by regulation exempt the 14 requirement of a waterfowl conservation tag for waterfowl hunting in areas of 15 the state not likely to benefit from programs described in AS 16.05.130(b)(2) - 16 (4). 17 * Sec. 20. AS 16.05.340(a)(19) is amended to read: 18 (19) Nonresident small game hunting license .......................... 30 [20] 19 * Sec. 21. AS 16.05.340(a)(20) is amended to read: 20 (20) Nonresident alien hunting license ................................. 600 [300] 21 A nonresident alien may not take a big game animal without previously purchasing a 22 numbered, nontransferable, appropriate tag, issued under (21) of this subsection. The 23 tag must be affixed to the animal immediately upon capture and must remain affixed 24 until the animal is prepared for storage, consumed, or exported. A tag issued but not 25 used for an animal may be used to satisfy the tagging requirement for an animal of any 26 other species for which the tag fee is of equal or less value. 27 * Sec. 22. AS 16.05.340(a)(21) is amended to read: 28 (21) Nonresident alien big game tags 29 (A) Bear, black, each ................................................ 600 [300] 30 (B) Bear, brown or grizzly, each ............................1,300 [650] 31 (C) Bison, each .......................................................1,300 [650]
01 (D) Caribou, each ..................................................... 850 [425] 02 (E) Deer, each ........................................................... 400 [200] 03 (F) Elk, each ............................................................. 800 [400] 04 (G) Goat, each .......................................................... 800 [400] 05 (H) Moose, each .................................................... 1,000 [500] 06 (I) Musk oxen, each ............................................ 3,000 [1,500] 07 (J) Sheep, each ....................................................... 1,100 [550] 08 (K) Wolf, each ...................................................................... 50 09 A nonresident alien is not required to have a nonresident alien wolf tag to take 10 a wolf in a game management unit if the Board of Game has adopted an 11 intensive management program under AS 16.05.255(e) [AS 16.05.255] for all 12 or a portion of the game management unit. 13 (L) Wolverine, each .................................................. 500 [250] 14 * Sec. 23. AS 16.05.340(a)(23) is amended to read: 15 (23) Resident anadromous king salmon tag ............................. 15 [10] 16 A resident may not engage in sport fishing for anadromous king salmon without 17 having the current year's anadromous king salmon tag in the resident's actual 18 possession, unless that person 19 (A) qualifies for a 50 [25] cent license fee under (1) of this 20 subsection; 21 (B) is under the age of 18 [16]; 22 (C) is 62 [60] years of age or older and has been a resident of 23 the state for at least one year; 24 (D) is a disabled veteran eligible for a free license under 25 AS 16.05.341; or 26 (E) qualifies for a $5 license fee under (6) of this subsection. 27 * Sec. 24. AS 16.05.340(a)(24) is amended to read: 28 (24) Nonresident anadromous king salmon tag - valid for the period 29 inscribed on the tag 30 (A) for a one-day tag .................................................... 15 [10] 31 (B) for a three-day tag .................................................. 30 [20]
01 (C) for a seven-day tag ................................................. 45 [30] 02 (D) for a 14-day tag ...................................................... 75 [50] 03 (E) for an annual tag ................................................. 150 [100] 04 A nonresident may not engage in sport fishing for anadromous 05 king salmon without having a valid anadromous king salmon tag in the 06 person's actual possession, unless that person is under the age of 16. Members 07 of the military service on active duty who are permanently stationed in the 08 state, and their dependents, who do not qualify as residents under 09 AS 16.05.415, may obtain an annual nonresident military anadromous king 10 salmon tag for $30 [$20]. 11 * Sec. 25. AS 16.05 is amended by adding a new section to read: 12 Sec. 16.05.352. Fish and game conservation decal. The department shall 13 annually produce and make available to the public fish and game conservation decals. 14 The department shall, by appropriate means, provide for the selection of designs for 15 fish and game conservation decals and for the production and sale of the decals. The 16 department may produce and sell different decals in quantities that the commissioner 17 considers appropriate. Upon payment of a $20 fee, a person may purchase a fish and 18 game conservation decal from the department. Subject to appropriation by the 19 legislature, money received under this section may be used by the department to fund 20 programs benefiting fish and wildlife conservation. Those programs may include fish 21 and wildlife viewing, fish and wildlife education, and programs relating to fish and 22 wildlife diversity. 23 * Sec. 26. AS 16.05.400 is amended to read: 24 Sec. 16.05.400. Persons exempt from annual licensing requirements 25 [LICENSE REQUIREMENT]. (a) A license is not required of a resident under 18 26 years of age or a nonresident [PERSON] under [THE AGE OF] 16 years of age for 27 sport fishing nor is a license required of a resident under 18 years of age [THE AGE 28 OF 16] for hunting or trapping. 29 (b) Upon request, and without charge, the commissioner shall issue a sport 30 fishing, hunting, or trapping identification card to [A SPORT FISHING, 31 HUNTING, OR TRAPPING LICENSE IS NOT REQUIRED OF] a resident who is
01 62 [60] years of age or older. An identification card issued under this subsection is 02 valid for three years [MORE]. The commissioner shall issue an [A PERMANENT] 03 identification card without charge to a person [PERSONS] who qualifies 04 [QUALIFY] by age and residence and who completes [COMPLETE] the forms 05 required by the commissioner for implementation of this subsection. A person who is 06 eligible for an [ISSUED A PERMANENT] identification card under this subsection 07 may not sport fish, hunt, or trap without having a valid identification card issued 08 under this subsection or the appropriate license [SHALL HAVE IT] in possession 09 [WHILE SPORT FISHING, HUNTING, OR TRAPPING]. 10 * Sec. 27. AS 16.05.403(c) is amended to read: 11 (c) A resident who is 65 years of age or older may obtain from the department 12 upon payment of the fee prescribed in AS 16.05.330 - 16.05.430 and upon submission 13 of satisfactory proof of age a resident hunting license, a resident sport fishing license, 14 a resident subsistence fishing permit, or a resident personal use fishing permit 15 indicating that the purchaser is a person who is 65 years of age or older. This 16 subsection does not limit the right of a resident person who is 65 years of age or older 17 to obtain an identification card [CLAIM AN EXEMPTION FROM HUNTING OR 18 SPORT FISHING LICENSE REQUIREMENTS] under AS 16.05.400(b). 19 * Sec. 28. AS 16.05.405(b) is amended to read: 20 (b) Notwithstanding AS 16.05.420(c), a resident holding a valid resident 21 hunting license may take game on behalf of a person who is blind, a person with 22 physical or developmental disabilities, or a person who is 65 years of age or older if 23 the resident possesses on the resident's person 24 (1) a document signed by the person on whose behalf the game is 25 taken, stating that the resident possesses the person's hunting license or 26 [PERMANENT] identification card issued under AS 16.05.400(b) in order to take 27 game on behalf of that person; and 28 (2) the person's 29 (A) resident hunting license issued under AS 16.05.403 or 30 [PERMANENT] identification card issued under AS 16.05.400(b); and 31 (B) harvest ticket, tag, stamp, or other document required by
01 law as a condition of taking the game being hunted. 02 * Sec. 29. AS 16.05.405(c) is amended to read: 03 (c) Notwithstanding AS 16.05.420(c), a resident holding a valid 04 noncommercial fishing license may take fish on behalf of a person who is blind, a 05 person with physical or developmental disabilities, or a person who is 65 years of age 06 or older if the resident possesses on the resident's person 07 (1) a document signed by the person on whose behalf the fish is taken, 08 stating that the resident possesses the person's sport fishing license, subsistence fishing 09 permit, personal use fishing permit, or [PERMANENT] identification card issued 10 under AS 16.05.400(b) in order to take fish on behalf of that person; 11 (2) the person's 12 (A) resident sport fishing license issued under AS 16.05.403 or 13 [PERMANENT] identification card issued under AS 16.05.400(b); 14 (B) resident subsistence fishing permit issued under 15 AS 16.05.403; or 16 (C) resident personal use fishing permit issued under 17 AS 16.05.403; and 18 (3) all other documents issued to the person that are required by law as 19 a condition of taking the fish being pursued. 20 * Sec. 30. AS 16.05.405(e) is amended to read: 21 (e) A resident who takes, or attempts to take, fish or game on behalf of a 22 person under this section may also simultaneously engage in fishing or hunting for the 23 resident's use; however, the resident may not take or attempt to take fish or game by 24 proxy for more than one person at a time. For the purposes of this subsection, a 25 resident is engaged in taking, or attempting to take, fish or game by proxy while the 26 resident has possession of 27 (1) another person's 28 (A) license, permit, or identification card issued under 29 AS 16.05.400(b) and all other documents issued to the person that are required 30 by law as a condition of taking the fish or game being pursued; and 31 (B) signed document under (b)(1) or (c)(1) of this section; or
01 (2) fish or game taken on behalf of another person. 02 * Sec. 31. AS 16.05.415(i) is amended to read: 03 (i) In this section, "license" means a license, tag, permit, stamp, identification 04 card issued under AS 16.05.400(b), or other indicia of permission to engage in an 05 activity subject to AS 16.05.330 - 16.05.430. 06 * Sec. 32. AS 16.05.130(e), 16.05.130(f), 16.05.340(j); AS 37.15.765, 37.15.770, 07 37.15.773, 37.15.777, 37.15.780, 37.15.783, 37.15.787, 37.15.790, 37.15.793, and 37.15.799 08 are repealed. 09 * Sec. 33. The uncodified law of the State of Alaska is amended by adding a new section to 10 read: 11 APPLICABILITY AND TRANSITION. (a) Notwithstanding the change made to 12 AS 16.05.340(a)(17)(A)(iii) by sec. 19 of this Act, the change made to 13 AS 16.05.340(a)(23)(C) by sec. 23 of this Act, and the changes made to AS 16.05.400(b) by 14 sec. 26 of this Act, a resident who was eligible for a sport fishing, hunting, or trapping license 15 exemption under AS 16.05.400(b), as that subsection read before the effective date of sec. 26 16 of this Act, shall be eligible for an identification card issued under AS 16.05.400(b), as 17 amended by sec. 26 of this Act, notwithstanding the requirement under that subsection that a 18 resident must be 62 years of age or older to obtain an identification card. 19 (b) A permanent identification card issued under AS 16.05.400(b), as that subsection 20 read before the effective date of sec. 26 of this Act, shall continue to be recognized as valid 21 for the purposes issued until January 1, 2019. On or after January 1, 2019, a permanent 22 identification card issued under former AS 16.05.400(b) is void. 23 (c) The Department of Fish and Game shall send a notice to the address provided by a 24 current holder of a permanent identification card issued under AS 16.05.400(b), as that 25 subsection read before the effective date of sec. 26 of this Act, that, notwithstanding the 26 amendment of AS 16.05.400(b) by sec. 26 of this Act, the holder's permanent identification 27 card remains valid until December 31, 2018. 28 * Sec. 34. The uncodified law of the State of Alaska is amended by adding a new section to 29 read: 30 NOTICE TO THE REVISOR OF STATUTES. The commissioner of fish and game 31 shall notify the revisor of statutes of the date that the principal amount of the bonds issued
01 under AS 37.15.765 - 37.15.799, together with the interest on them and any interest owing on 02 unpaid installments of interest, and all other obligations with respect to the bonds, has been 03 fully met and discharged. 04 * Sec. 35. The uncodified law of the State of Alaska is amended by adding a new section to 05 read: 06 CONDITIONAL EFFECT. Sections 1, 4, 9, 11, 13, 15, and 32 of this Act take effect 07 only if the commissioner of fish and game, under sec. 34 of this Act, notifies the revisor of 08 statutes that the bonds issued under AS 37.15.765 - 37.15.799, and all obligations with respect 09 to the bonds, are fully met and discharged. 10 * Sec. 36. If, under sec. 35 of this Act, secs. 1, 4, 9, 11, 13, 15, and 32 of this Act take 11 effect, they take effect January 1 of the calendar year following the year of notice under sec. 12 35 of this Act. 13 * Sec. 37. Except as provided in sec. 36 of this Act, this Act takes effect January 1, 2016.