CSHB 117(RES): "An Act relating to commercial set gillnet fishing; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 117(RES) 01 "An Act relating to commercial set gillnet fishing; and providing for an effective date." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 04 to read: 05 LEGISLATIVE INTENT. It is the intent of the Legislature that the Board of Fisheries, 06 in adopting regulations under AS 16.05.251(j), added by sec. 2 of this Act, that establish the 07 number of set gillnet entry permit holders that may fish together as a cooperative in each 08 administrative area, 09 (1) for the purpose of maximizing local participation and review, establish the 10 number of set gillnet entry permit holders that may fish together as a cooperative in a 11 particular administrative area at a public meeting at which the Board of Fisheries is scheduled 12 to consider finfish regulations for the area; 13 (2) consider the number of set gillnet entry permits and the number of set 14 gillnet entry permit holders who have historically fished permits together in the area; and 15 (3) preserve the status quo with regard to affecting the number of set gillnet
01 entry permit holders that may fish together. 02 * Sec. 2. AS 16.05.251 is amended by adding a new subsection to read: 03 (j) Two or more set gillnet entry permit holders in a salmon fishery may fish 04 their respective authorized set gillnet gear as a cooperative. However, a permit holder 05 may not operate a unit of gear belonging to another permit holder without the other 06 permit holder being physically present and actively engaged in the operation, unless 07 the other permit holder is absent for a reason permitted under AS 16.05.253(a). Fish 08 harvested under this subsection do not need to be stored or delivered separately on the 09 basis of the individual entry permits fished cooperatively. The Board of Fisheries shall 10 adopt regulations to implement this subsection. The regulations must 11 (1) require set gillnet permit holders fishing multiple units of gear as 12 part of a cooperative to register with the department; 13 (2) specify how a set gillnet permit holder must report fish harvested 14 when fishing cooperatively with other permit holders; 15 (3) establish the maximum number of set gillnet entry permit holders 16 that may fish as a single cooperative in each administrative area; however, no 17 cooperative may be limited to fewer than three set gillnet entry permit holders. 18 * Sec. 3. AS 16.05.253(a) is amended to read: 19 (a) The Board of Fisheries may require a person who holds a limited entry 20 permit or an interim-use permit under AS 16.43 to be physically present at a beach or 21 riparian fishing site during the operation of net gear or other stationary fishing gear at 22 the site, except when the permit holder is at or traveling to or from the location of 23 (1) a sale of fish caught in the gear or, if the permit holder is a 24 member of a cooperative established under AS 16.05.251(j), a sale of fish caught 25 in the gear of another permit holder member of the cooperative; or 26 (2) other stationary gear of the permit holder or, if the permit holder 27 is a member of a cooperative established under AS 16.05.251(j), stationary gear 28 belonging to another permit holder member of the cooperative. 29 * Sec. 4. AS 16.05.680 is amended by adding a new subsection to read: 30 (c) For the purposes of this section, a commercial set gillnet entry permit 31 holder who is a member of a cooperative authorized under AS 16.05.251(j) may sell
01 all salmon that was harvested in combination with other permit holder members of the 02 cooperative. Fish harvested collectively by the cooperative may be sold by any permit 03 holder who is a member of the cooperative or by a transporter acting as the 04 cooperative's agent. 05 * Sec. 5. This Act takes effect immediately under AS 01.10.070(c).