Enrolled HB 354: Relating to dive fishery management assessment procedures.
00Enrolled HB 354 01 Relating to dive fishery management assessment procedures. 02 _______________ 03 * Section 1. AS 43.76.160(b) is amended to read: 04 (b) The dive fishery management assessment is levied under AS 43.76.150(b), 05 (c), (d), (e), (f), (g), or (h), amended under AS 43.76.170, or terminated under 06 AS 43.76.180 in an administrative area on the effective date stated on the ballot if 07 (1) the levy, amendment, or termination [ASSESSMENT] is 08 approved by a majority [VOTE] of the eligible interim-use permit and entry permit 09 holders voting in the [AN] election [HELD IN THE ADMINISTRATIVE AREA 10 UNDER THIS SECTION]; [AND] 11 (2) at least 25 percent of the eligible interim-use permit and entry 12 permit holders vote in the election; and 13 (3) the election results are certified by the commissioner of fish and 14 game. 15 * Sec. 2. AS 43.76.160(f) is amended to read:
01 (f) Except as otherwise provided under AS 43.76.170 and 43.76.180, an 02 election to amend the rate of a dive fishery management assessment or to terminate a 03 dive fishery management assessment shall be conducted under the same procedures 04 established under (a) - (d) [(a), (c), AND (d)] of this section for an election to approve 05 a dive fishery management assessment. 06 * Sec. 3. AS 43.76.170(b) is amended to read: 07 (b) The commissioner of revenue shall amend the rate of a dive fishery 08 management assessment under (a) of this section following an election in an 09 administrative area if 10 (1) a petition [,] that is signed by at least 75 [25] percent of the board 11 members of the qualified regional dive fishery development association 12 established for the administrative area under AS 16.40.240 [NUMBER OF 13 PERSONS WHO VOTED UNDER AS 43.76.160 IN THE MOST RECENT 14 ELECTION APPROVING OR AMENDING THE DIVE FISHERY 15 MANAGEMENT ASSESSMENT ON THE SPECIES OF FISHERY RESOURCES 16 IN THE ADMINISTRATIVE AREA THAT ARE THE SUBJECT OF THE 17 PETITION,] is presented to the commissioner of fish and game requesting amendment 18 of the rate of the dive fishery management assessment on a species of fishery 19 resources; the petition must state whether the proposed rate of the dive fishery 20 management assessment is to be levied under AS 43.76.150(b), (c), (d), (e), (f), (g), or 21 (h); [ONLY A PERSON WHO WOULD BE ELIGIBLE TO VOTE IN AN 22 ELECTION TO AMEND THE RATE OF THE ASSESSMENT MAY VALIDLY 23 SIGN THE 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), (e), (f), (g), or (h) if the assessment is 29 amended; the ballot must be worded so that a "yes" vote is for amendment of the dive 30 fishery management assessment and a "no" vote is for continuation of the current dive 31 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 the petition 08 submitted by the qualified regional dive fishery development association [A 09 VALID PETITION] under (1) of this subsection has been received and is valid. 10 * Sec. 4. AS 43.76.180(b) is amended to read: 11 (b) The commissioner of revenue shall terminate a dive fishery management 12 assessment under (a) of this section following an election in an administrative area if 13 (1) a petition [,] that is signed by at least 75 [25] percent of the board 14 members of the qualified regional dive fishery development association 15 established for the administrative area under AS 16.40.240 [NUMBER OF 16 PERSONS WHO VOTED UNDER AS 43.76.160 IN THE MOST RECENT 17 ELECTION APPROVING OR AMENDING THE DIVE FISHERY 18 MANAGEMENT ASSESSMENT ON THE SPECIES OF FISHERY RESOURCES 19 IN THE ADMINISTRATIVE AREA THAT ARE THE SUBJECT OF THE 20 PETITION,] is presented to the commissioner of fish and game requesting termination 21 of the dive fishery management assessment on a species of fishery resources; [ONLY 22 A PERSON WHO WOULD BE ELIGIBLE TO VOTE IN AN ELECTION TO 23 REPEAL THE ASSESSMENT MAY VALIDLY SIGN THE 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 terminated; the ballot must 27 be worded so that a "yes" vote is for continuation of the dive fishery management 28 assessment and a "no" vote is for termination of the dive fishery management 29 assessment; 30 (3) a majority of the eligible interim-use permit and entry permit 31 holders who vote in the election cast a ballot for the termination of the dive fishery
01 management assessment; in this paragraph, "eligible interim-use permit and entry 02 permit holders" has the meaning given in AS 43.76.160; and 03 (4) the qualified regional dive fishery development association 04 provides notice of the election in accordance with AS 43.76.160 within two months 05 after receiving notice from the commissioner of fish and game that the petition 06 submitted by the qualified regional dive fishery development association [A 07 VALID PETITION] under (1) of this subsection has been received and is valid.