SB 220: "An Act relating to the reporting of certain information relating to commercially harvested fishery resources; relating to the delegation of authority to fish under a limited entry commercial fishing permit; and providing for an effective date."
00 SENATE BILL NO. 220 01 "An Act relating to the reporting of certain information relating to commercially 02 harvested fishery resources; relating to the delegation of authority to fish under a 03 limited entry commercial fishing permit; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 16.05 is amended by adding a new section to read: 06 Sec. 16.05.669. Commercial fisher's signature on fish ticket. An entry 07 permit holder must sign and submit a fish ticket for all fish or byproducts of fish 08 harvested by the entry permit holder. An entry permit holder may only sign a fish 09 ticket for fish or byproducts of fish that were harvested in the presence of the permit 10 holder. 11 * Sec. 2. AS 16.05 is amended by adding a new section to read: 12 Sec. 16.05.938. Construction of chapter. In AS 16.05.253(a), 16.05.480(a), 13 16.05.669, 16.05.675(a), 16.05.680(a), and 16.05.723(b), a holder of an entry permit is 14 construed to include a person who is delegated the entry permit under AS 16.43.185.
01 * Sec. 3. AS 16.10 is amended by adding a new section to read: 02 Article 15. General Provisions. 03 Sec. 16.10.948. Construction of chapter. In AS 16.10.265(a), 16.10.267(a), 04 and 16.10.455(b), a holder of an entry permit is construed to include a person who is 05 delegated the entry permit under AS 16.43.185. 06 * Sec. 4. AS 16.43.140(a) is amended to read: 07 (a) A person may not operate gear in the commercial taking of fishery 08 resources unless the person holds [WITHOUT] a valid entry permit or a valid 09 interim-use permit or is delegated the authority to fish an entry permit under 10 AS 16.43.185 [ISSUED BY THE COMMISSION]. 11 * Sec. 5. AS 16.43.140(b) is amended to read: 12 (b) A permit is not required of a crewmember or other person assisting in the 13 operation of a unit of gear engaged in the commercial taking of fishery resources as 14 long as the holder of the entry permit or [THE] interim-use permit or a person 15 delegated the authority to fish the entry permit under AS 16.43.185 for that 16 particular unit of gear is at all times present and actively engaged in the operation of 17 the gear. 18 * Sec. 6. AS 16.43.150(a) is amended to read: 19 (a) Except as may be otherwise provided under AS 16.43.270(d), an entry 20 permit authorizes the permittee, or a person delegated the authority to fish the 21 entry permit under AS 16.43.185, to operate a unit of gear within a specified fishery. 22 * Sec. 7. AS 16.43.150(b) is amended to read: 23 (b) The holder of an entry permit or a person delegated the authority to fish 24 the entry permit under AS 16.43.185 shall have the permit in possession at all times 25 when engaged in the operation of gear for which it was issued. 26 * Sec. 8. AS 16.43.150 is amended by adding a new subsection to read: 27 (j) A person delegated the authority to fish an entry permit under 28 AS 16.43.185 shall have the person's name listed as a second name on the entry permit 29 and, to the extent provided by this chapter, enjoys the same use privilege or right in a 30 fishery that is available to an individual holding an entry permit or valid interim-use 31 permit under this chapter.
01 * Sec. 9. AS 16.43 is amended by adding a new section to read: 02 Sec. 16.43.152. Entry permits transferred by right of survivorship. (a) A 03 person who becomes a holder of an entry permit by right of survivorship under 04 AS 16.43.150(h) as the spouse or dependent child of a permit holder who participated 05 actively in the fishery 06 (1) may, notwithstanding the person's ability to participate actively in 07 the fishery under AS 16.43.170(b), delegate the authority to fish the permit to another 08 individual under AS 16.43.185; 09 (2) is not subject to the limit on the number of times an entry permit 10 may be delegated under AS 16.43.185(b)(2); and 11 (3) is exempt from the fish ticket signing requirements of 12 AS 16.43.185(c). 13 * Sec. 10. AS 16.43 is amended by adding a new section to article 2 to read: 14 Sec. 16.43.185. Delegation of authority to fish an entry permit. (a) An entry 15 permit holder may delegate the permit holder's authority to fish the entry permit to the 16 extent permitted under this section. Upon the request of an entry permit holder, the 17 commission may add a second person's name to the permit holder's entry permit for a 18 period not to exceed five years. An entry permit holder who holds more than one entry 19 permit may delegate the permit holder's authority to fish more than one of the permit 20 holder's entry permits; however, only one of the entry permits may be actively fished 21 at any one time. A person who is delegated the authority to fish an entry permit under 22 this section 23 (1) may operate gear in the commercial taking of fishery resources 24 authorized under the entry permit and this chapter and may deliver and land fish under 25 AS 16.05.675; 26 (2) may only be delegated the authority to fish a single entry permit at 27 any one time; and 28 (3) has no ownership interest in an entry permit delegated to the person 29 under this section. 30 (b) Under this section, the commission may not allow an entry permit to be 31 delegated
01 (1) to a person whose fishing privileges are suspended or revoked 02 under this chapter; 03 (2) more than twice during the period the entry permit is held by the 04 same person. 05 (c) Except as provided under AS 16.43.152, an entry permit holder who has 06 delegated the permit holder's authority to fish an entry permit to another person under 07 this section must sign the following percentage of fish tickets submitted under 08 AS 16.05.669: 09 (1) 70 percent if it is the first season that the entry permit is delegated 10 to another individual under this section; 11 (2) 60 percent if it is the second season that the entry permit is 12 delegated to another individual under this section; 13 (3) 50 percent if it is the third season that the entry permit is delegated 14 to another individual under this section; 15 (4) 40 percent if it is the fourth season that the entry permit is 16 delegated to another individual under this section; 17 (5) 30 percent if it is the fifth or subsequent season that the entry 18 permit is delegated to another individual under this section. 19 (d) Nothing in this section authorizes an entry permit holder to fish more than 20 a single entry permit for a fishery in violation of AS 16.43.140. 21 (e) The commission shall adopt regulations to implement this section. 22 * Sec. 11. AS 16.43.850 is amended by adding a new subsection to read: 23 (e) In this section, "permit holder" includes a person fishing an entry permit 24 under AS 16.43.185. 25 * Sec. 12. AS 16.43.855(a) is amended to read: 26 (a) Notice of each assessment of points shall be given to the permit holder 27 and, if applicable, to a person fishing the permit under AS 16.43.185. Notice shall 28 also be given to the permit holder and any person fishing the permit under 29 AS 16.43.185 before the expiration of a suspension of commercial salmon fishing 30 privileges under AS 16.43.850(d) that subsequent violations of commercial fishing 31 laws in the salmon fishery may result in further suspensions of the permit. The notice
01 may be given by first class mail. 02 * Sec. 13. AS 16.43.855(c) is amended to read: 03 (c) The assessment of points against a permit holder or person fishing a 04 permit under AS 16.43.185 by the commission under AS 16.43.850 - 16.43.895 is in 05 addition to, and not in substitution for, other provisions of this title and is not a 06 substitute for any penalty imposed by a court. 07 * Sec. 14. AS 16.43.855 is amended by adding a new subsection to read: 08 (e) If points are assessed against a person fishing a permit under 09 AS 16.43.185, the same number of points shall also be assessed against the permit 10 holder. Points assessed against the transferor of the permit under this subsection shall 11 be included in calculations made under AS 16.43.850(d). 12 * Sec. 15. AS 16.43.860 is amended to read: 13 Sec. 16.43.860. Suspension. (a) A permit holder, or person delegated the 14 authority to fish a permit under AS 16.43.185, whose commercial salmon fishing 15 privileges for a salmon fishery are suspended under AS 16.43.850 - 16.43.895 may not 16 obtain an entry permit or interim-use permit for that salmon fishery, or be delegated 17 the authority to fish another person's permit under AS 16.43.185, during the 18 period of the suspension of the privileges. During the period for which the permit 19 holder's or person's privilege to obtain an entry permit or interim-use permit for a 20 salmon fishery is suspended under this section, the commission may not issue a permit 21 card to the permit holder, or a person delegated the authority to fish the permit 22 under AS 16.43.185, for that fishery. 23 (b) A permit holder or person whose privilege of obtaining a commercial 24 fishing permit for a salmon fishery is suspended under AS 16.43.850 - 16.43.895 may 25 not 26 (1) engage in the salmon fishery under a crewmember license; [OR] 27 (2) be delegated the authority to fish a permit holder's entry 28 permit for the salmon fishery under AS 16.43.185; or 29 (3) lease or rent the permit holder's interest in a boat to another person 30 if the boat would be used in the salmon fishery for which the permit holder's fishing 31 privileges are suspended.
01 (c) If, during the period for which the commission has suspended the [A 02 PERMIT HOLDER'S] commercial fishing privileges of a permit holder or person 03 delegated the authority to fish an entry permit under AS 16.43.185 for a salmon 04 fishery [ARE SUSPENDED], the commission establishes a limited entry system for 05 the salmon fishery, the permit holder or person shall be eligible to obtain an entry 06 permit for that fishery to the extent that the permit holder or person qualifies for the 07 entry permit under regulations adopted by the commission. If the permit holder or 08 person qualifies for an entry permit for the fishery, the commission shall withhold 09 issuance of the entry permit until the period of the suspension imposed under 10 AS 16.43.850 - 16.43.895 has expired. 11 (d) The commission may not transfer a commercial fishing permit for a 12 salmon fishery under an emergency transfer under AS 16.43.180 or authorize the 13 addition of a person to a permit under AS 16.43.185 if, at the time of the 14 application for the emergency transfer or addition under AS 16.43.185, the 15 [PERMIT HOLDER'S] commercial salmon fishing privileges of the permit holder or 16 person who would be added to a permit under AS 16.43.185 for the salmon fishery 17 have been suspended. 18 * Sec. 16. AS 16.43.960(a) is amended to read: 19 (a) The commission may revoke, suspend, or transfer all entry or interim-use 20 permits held by a person who knowingly provides or assists in providing false 21 information [,] or fails to correct false information provided to the commission for the 22 purpose of obtaining a benefit for self or another, including the issuance, renewal, 23 duplication, or transfer of an entry or interim-use permit [,] or vessel license. The 24 commission may also revoke the delegation of authority to fish an entry permit 25 under AS 16.43.185 if the person knowingly provides or assists in providing false 26 information or fails to correct false information provided to the commission for 27 the purpose of obtaining a benefit for self or another. The commission may 28 suspend a [THAT] person's eligibility to hold or be delegated authority to fish an 29 entry or interim-use permit for a period not to exceed three years, and may impose an 30 administrative fine of not more than $5,000 on the person. The commission may also 31 impose an administrative fine of not more than $5,000 on an entity whose officers,
01 employees, representatives, or agents knowingly provide or assist in providing false 02 information, or fail to correct false information provided, to the commission for the 03 purpose of obtaining a benefit. 04 * Sec. 17. AS 16.43.970(e) is amended to read: 05 (e) Notwithstanding any other provision of this section, an interim-use or entry 06 permit may not be transferred under AS 16.43.170 or authority delegated under 07 AS 16.43.185 while the permit is under suspension, without the consent of the 08 commission. 09 * Sec. 18. AS 43.76.370(i) is amended to read: 10 (i) In this section, "eligible interim-use permit and entry permit holder" means 11 an individual who, 90 days before the date ballots must be postmarked to be counted 12 in an election under this section, is listed in the records of the Alaska Commercial 13 Fisheries Entry Commission as the legal owner of an interim-use permit or an entry 14 permit that authorizes the individual to operate commercial fishing gear in the fishery 15 that is or will be subject to the seafood development tax that is the subject of the 16 election. A person who is delegated the authority to fish an entry permit under 17 AS 16.43.185 for a fishery subject to a seafood development tax under 18 AS 43.76.350 - 43.76.399 is not eligible to vote in an election under this section. 19 * Sec. 19. AS 43.76.399 is amended by adding a new paragraph to read: 20 (5) "person holding a limited entry permit or interim-use permit under 21 AS 16.43" includes a person who is delegated the authority to fish a limited entry 22 permit under AS 16.43.185. 23 * Sec. 20. The uncodified law of the State of Alaska is amended by adding a new section to 24 read: 25 TRANSITION: REGULATIONS. The Alaska Commercial Fisheries Entry 26 Commission and the commissioner of fish and game may adopt regulations necessary to 27 implement the provisions of this Act. The regulations take effect under AS 44.62 28 (Administrative Procedure Act), but not before the effective date of the law implemented by 29 the regulation. 30 * Sec. 21. Section 20 of this Act takes effect immediately under AS 01.10.070(c). 31 * Sec. 22. Except as provided in sec. 21 of this Act, this Act takes effect January 1, 2021.